HomeMy WebLinkAboutNPDES Interlocal AgreementRESOLUTION N0.4295
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
AND AUTHORIZING THE MAYOR TO SIGN ON THE
CITY'S BEHALF THE FIRST AMENDMENT TO THE
INTERLOCAL AGREEMENT BETWEEN THE CITIES
OF ANACORTES, AUBURN, BELLEVUE,
BELLINGHAM, BOTHELL, BREMERTON,
BUCKLEY, BURIEN, BURLINGTON, CAMAS, DES
MOINES, ELLENSBURG, EVERETT, FEDERAL
WAY, FIRCREST, KENNEWICK, KENT, LONGVIEW,
MARYSVILLE, MOUNT VERNON, NORMANDY
PARK, ORTING, PORT ANGELES, PULLMAN,
PUYALLUP, RENTON, RICHLAND, SAMMAMISH,
SEATAC, SUMNER, UNIVERSITY PLACE AND
VANCOUVER, AND KITSAP COUNTY, REGARDING
LEGAL SERVICES
WHEREAS, the City of Auburn joined with a number of other cities in
trying to modify the new Department of Ecology regulations for NPDES Phase II
Permitees; and
WHEREAS, this legal challenge has become more complicated and thus
more expensive since the cities' efforts are not only being resisted by the
Department of Ecology but environmental groups that have also sought to
influence the ultimate permit requirements; and
WHEREAS, to assure that the city positions are reflected in the ultimate
permit requirements, it is appropriate that the participating cities increase their
financial contribution towards the legal costs involved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to sign on the City's
behalf an amendment to the interlocal agreement between the cities of
Resolution No. 4295
January 7, 2008
Page 1 of 3
Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley, Burien,
Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest,
Kennewick, Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting,
Port Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, Seatac,
Sumner, University Place and Vancouver, and Kitsap County, in substantial
conformity with the amendment attached hereto as Exhibit "A", to increase the
City's final contribution towards the legal costs in the legal challenge to modify
the Department of Ecology's NPDES Phase II permit requirements.
Section 2. That the Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directives of this
legislation, including approving an additional payment of $5,000 over the
amounts heretofore approved, including in Resolution No. 4258.
Section 3. That this Resolution shall take effect anal be in full force
upon passage and signatures hereon.
Dated and Signed this ~7 day of ~~~~~~, 2008.
CIT'~ OFBURN _-- ..~
-,~---~'
PETER B. LEWIS
MAYOR
ATTEST:
Da 'Ile E. Daskam, City Clerk
Resolution No. 4295
January 7, 2008
Page 2 of 3
APPROVED A~ TO FORM:
eid; ~~y Attorney
Resolution No. 4295
January 7, 2008
Page 3 of 3
FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF ANACORTES, AUBURN, BELLEVUE,
BELLINGHAM, BOTHELL, BREMERTON, BUCKLEY, BURIEN,
BURLINGTON, CAMAS, DES MOINES, ELLENSBURG, EVERETT,
FEDERAL WAY, FIRCREST, KENNEWICK, KENT, LONGVIEW,
MARYSVILLE, MOUNT VERNON, NORMANDY PARK, ORTING,
PORT ANGELES, PULLMAN, PUYALLUP, RENTON, RICHLAND,
SAMMAMISH; SEATAC, SUMNER, UNIVERSITY PLACE AND
VANCOUVER AND KITSAP COUNTY REGARDING LEGAL
SERVICES
THE INTERLOCAL AGREEMENT ("Agreement") entered into between the
Cities of Anacortes, Auburn, Bellevue, Bellingham, Bothell, Bremerton, Buckley,
Burien, Burlington, Camas, Des Moines, Ellensburg, Everett, Federal Way, Fircrest,
Kennewick, Kent, Longview, Marysville, Mount Vernon, Normandy Park, Orting, Port
Angeles, Pullman, Puyallup, Renton, Richland, Sammamish, SeaTac, Sumner,
University Place, Vancouver, and Kitsap County, and any other Phase II Permittees
that might become a party to this Interlocal known as the "Coalition of Governmental
Entities" is hereby amended as follows:
The names of Bellingham, Ellensburg and Kennewick shall be stricken from
the Coaltion Interlocal Agreement as these jurisdictions have withdrawn from the
Coalition pursuant to notice given under Paragraph 5.1 of the Interlocal and have
withdrawn from the litigation related to the Phase II permits.
Paragraph 4.1 of the Interlocal is hereby amended to read as follows:
4.1 Except as provided in Paragraph 4.2 below, the Legal Services' fees and
costs shall be shared equally by all Coalition regardless of a member of the
Coalition's population or nature or any other factor distinguishing it from another
member of the Coalition. This obligation shall continue through conclusion of the
Legal Services as provided in Paragraph 2 above, unless a member of the Coalition
terminates its participation in this Agreement as provided in Paragraph 5. Members
of the Coalition hereby authorize said fees and costs up to a total of $925,000.
Additional fees and/or costs may be approved by written amendment to this
Agreement by Coalition.
Paragraph 4.2 of the Interlocal is hereby amended to read as follows:
4.2 The provider of Legal Services shall provide a monthly bill of its fees and
costs to Bellevue. Bellevue shall timely pay the bill on behalf of Coalition. Within 15
days of approval of this Agreement, each member of the Coalition shall remit its
proportionate share of the fees and costs to the City of Bellevue. Bellevue shall
place these funds into an interest-bearing account, with any interest derived from
01/07/08 Page 1
these funds to be applied to the costs of the provider of Legal Services. At the time
of drafting of the Interlocal Agreement 33 governmental entities had committed to
joining this appeal; and paying estimated fees and costs up to $275,000, with the
proportionate share of each member of the Coalition being $8,333.33. Due to
increased costs associated with the Permit cross-appeal filed by Puget
Soundkeepers Alliance and others, the Coalition hereby authorizes additional fees
and costs between $600,000 and $650,000, for a total of costs and fees up to
$925,000. These additional fees and costs are to be paid in full through contributions
from each member of the Coalition according to agreement between the members
and with consideration given to the financial ability of members to pay. In the event
Bellevue must take legal action to collect any amount due from a member of the
Coalition, Bellevue shall be entitled to recover all costs for said action including
reasonable attorney's fees.
Paragraph 4.3 is hereby amended to read as follows:
4.3 Except as provided in Paragraph 4.2 above, in the event additional
governmental entities join this Agreement, the proportionate share of each member
of the Coalition shall be reduced accordingly. In the event fewer governmental
agencies participate in this Agreement or terminate their participation, the
proportionate share of each remaining participating member of the Coalition shall
increase accordingly.
All other provisions of the Coalition Interlocal Agreement remain in full force
and effect.
IN WITNESS, the parties below execute this First Amendment to the Coalition
Interlocal Agreement which shall become effective January , 2008.
01/07/08 Page 2
ANACORTES:
CITY OF ANACORTES
Bv.
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
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APPROVED AS TO FORM:
BELLEVUE
CITY OF BELLEVUE
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM:
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BOTHELL:
CITY OF BOTHELL
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM:
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BREMERTON
CITY OF BREMERTON
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM:
BUURIEN:
CITY OF BURIEN
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM:
BUCKLEY:
CITY OF BUCKLEY
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM:
BURLINGTON:
CITY OF BURLINGTON
By:
Print Name:
Its:
Date:
NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM:
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CAMAS:
CITY OFCAMAS
By: DES MOINES:
CITY OF DES MOINES
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
EVERETT:
CITY OF EVERETT
By:
Print Name:
Its: FEDERAL WAY:
CITY OF FEDERAL WAY
By:
Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
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FIRCREST:
CITY OF FIRCREST
By:
Print Name:
Its: KENT:
CITY OF KENT
By:
Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
LONGVIEW:
CITY OF LONGVIEW
By:
Print Name:
Its: MARYSVILLE:
CITY OF MARYSVILLE
By:
Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
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MOUNT VERNON:
CITY OF MOUNT VERNON
By: NORMANDY PARK:
CITY OF NORMANDY PARK
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
ORTING:
CITY OF ORTING
By: PORT ANGELES:
CITY OF PORT ANGELES
By:
Print Name:
Its: Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
01 /07/08 Page 7
PULLMAN:
CITY OF PULLMAN
By:
Print Name:
Its: PUYALLUP
CITY OF PUYALLUP
By:
Print Name:
Date: Its:
Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
RENTON:
CITY OF RENTON
By:
Print Name:
Its: RICHLAND
CITY OF RICHLAND
By:
Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
01/07/08 Page 8
SAMMAMISH:
CITY OF SAMMAMISH
By:
Print Name:
Its: SEATAC:
CITY OF SEATAC
By:
Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
SUMNER:
CITY OF SUMNER
By:
Print Name:
Its: UNIVERSITY PLACE:
CITY OF UNIVERSITY PLACE
By:
Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
01/07/08 Page 9
VANCOUVER:
CITY OF VANCOUVER
By:
Print Name:
Its: KITSAP COUNTY:
KITSAP COUNTY
By:
Print Name:
Its:
Date: Date:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
(~ - (Telephone)
(~ - (Facsimile) (~ - (Telephone)
(~ - (Facsimile)
APPROVED AS TO FORM: APPROVED AS TO FORM:
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