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ORDINANCE NO.5 4 6 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCES 5420
AND 4786 BY APPROVING ADDITIONAL WASHINGTON
STATE TRANSPORTATION IMPROVEMENT BOARD GRANT
FUNDS TO PREPARE AND IMPLEMENT THE SR 18/C STREET
SW RAMP MODIFICATIONS/3RD STREET SW GRADE
SEPARATION PROJECT, PR 529.
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW; and
WHEREAS, Ordinance No. 5420 and 4786, passed July 17, 2000 and
September 5, 1995, respectively, approved expenditure and appropriation of
$2,212,800 in State Transportation Improvement Board Grant Funds and
authorized the Mayor and City Clerk to execute an Urban Design Prospectus
Agreement between the City and the Washington State Transportation
Improvement Board; and
WHEREAS, the Washington State Transportation Improvement Board
has authorized additional Grant Funds in the amount of $527,095 for
Construction.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE: Auburn City Ordinance No. 5420 and 4786.
passed July 17,2000 and September 5, 1995, respectively are hereby
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Ordinance No. 5 4 6 9
October 26, 2000
Page 1
amended to reflect acceptance of a total of $2,739,895 in Washington State
Transportation Improvement Board funds, and hereby authorizes the Mayor
and City Clerk to approve and execute any future supplemental agreements
thereto required for completion of phases of the project including but not limited
to design, right-of-way, and construction and limited to the total amount of
$2,739,895.
Section 2. CONSTITUTIONALITY OR INVALIDITY: If any section,
subsection, clause, phrase, or sentence, of this Ordinance, is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality of the
remaining portions of this ordinance, as it is being hereby expressly declared
that this ordinance and each section, subsection, clause, phrase, or sentence,
hereof would have been prepared, proposed, adopted, and approved and
ratified irrespective of the fact that anyone or more section, subsection, clause,
phrase, or sentence, be declared invalid or unconstitutional.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4. This ordinance shall take effect and be in force five (5) days
from and after its passage, approval, and publication, as provided by law.
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Ordinance No.5 4 6 9
October 26, 2000
Page 2
ATTEST:
A GlLiL~l(I!Ulh,
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
~1S:.~
Michael J. Reynolds,
City Attorney
PUBLISHED:
II/;¡t.// ðD
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Ordinance No.5 4 6 9
October 26. 2000
Page 3
INTRODUCED: November 20, 2000
PASSED: November 20, 2000
APPROVED: November 20, 2000
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CHARLES A. BOOTH
MAYOR
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DEC 1 2 2000
Transportation Improvement Account (TIA)
I~,
!.i1J Project Agreement for ConstrYGtieR PfepDsaI
Lead Agency
City of Auburn
Project Number
Authority Number
9-P-105(002)-1
9335039P
Project Title & Description
SR 18 Westbound On-Ramp
CSt Intersection
.
-.
-
Total Amount Authorized
Authorization to Proceed Effective From
$527,095
June 19, 2000
IN CONSIDERATION of the allocation by the Transportation Improvement Board of Transportation Improvement
Account (TIA) funds to the project and in the amount set out above, the agency hereby agrees that as condition
precedent to payment of any TIA funds allocated at any time to the above referenced project, it accepts and will
comply with the terms of this agreement, including the terms and conditions set forth in RCW 47.26; the applicable
rules and regulations of the Transportation Improvement Board, and all representations made to the Transportation
Improvement Board upon which the fund allocation was based; all of which are familiar to and within the knowledge
of the agency and incorporated herein and made a part of this agreement, although not attached. The officer of the
agency, by the signature below hereby certifies on behalf of the agency that local matching funds and other funds
represented to be committed to the project will be available as necessary to implement the projected development of
the project as set forth in the CONSTRUCTION PROSPECTUS, acknowledges that funds hereby authorized are for
the development of the construction proposal as defined by Chapter 167, Laws of 1988.
If the costs of the project exceed the amount of TIA funds authorized by the Transportation Improvement Board, set
forth above, and the required local matching funds represented by the local agency to be committed to the project,
the local agency will pay all additional costs necessary to complete the project as submitted to the Board. This shall
not prevent the local agency from requesting an increase in the amount of trust funds pursuant to applicable rules of
the Board
Projects in clean air non-attainment areas are subject to air quality conformity requirements as specified in RCW
70.94. The lead agency certifies that the project meets all applicable Clean Air Act requirements.
IN CONSIDERATION of the promises and performance of the stated conditions by the agency, the Transportation
Improvement Board hereby agrees to reimburse the agency from allocated TIA funds and not otherwise, for its
reimbursable costs during the above referenced quarter year not to exceed the amount specified. Such obligation to
reimburse TIA funds extends only to project costs incurred after the date of the Board's allocation of funds and
authorization to proceed with the project.
LEAD AGENCY
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TRANSPORTATION IMPROVEMENT BOARD
Signature of Mayor/Chairman
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TIB Form 190-057
Revised 01/97