The City of Monticello, Iowa

IN THE NAME AND BY THE AUTHORITY OF THE CITY OF MONTICELLO, IOWA

RESOLUTION #10-147

Resolution authorizing City Administrator to sign Tolling Agreement with Corps of Engineers associated with Sewer Plant Levee and Wetland Mitigation project.

WHEREAS, The City of Monticello is working with the City Engineer on final plans related to the construction of the Sewage Treatment Plant Levee, and

WHEREAS, The City will be required to mitigate wetlands pursuant to various federal rules and regulations as the result of levee construction, and

WHEREAS, The Corps of Engineers has requested that the City execute a “Tolling Agreement” which stops the running of any relevant Statute of Limitations which could prohibit the Corps of Engineers from proceeding with enforcement action against the City should the City not take approved steps to mitigate the wetlands determined to have been impacted by this project, and

WHEREAS, The Corps is aware that planning is well underway and that the City fully intends to meet its’ obligations to mitigate impacted wetlands.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Monticello does hereby authorize City Administrator Doug Herman to sign a “Tolling Agreement” with the Corps of Engineers, stopping/tolling any relevant Statute of Limitations that may otherwise apply to enforcement action by the Corps of Engineers against the City, during the pendency of the City’s planning for the completion of the Sewer Treatment plant levee.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the City of Monticello, Iowa to be affixed hereto. Done this 6th day of December, 2010.

John Sauser, Mayor Pro Tem

Attest:

Sally Hinrichsen, Monticello City Clerk