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.:?Y.. . _ 1 RESOLIITION NO. 2 2 9 9
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
4 INTERLOCAL AGREEMENT BETWEEN KING COUNTY, THE CITY OF AUBURN
AND THE CITY OF KENT RELATING TO THE MILL CREEK BASIN PROGRAM.
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6 WHEREAS, the parties hereto share jurisdiction over
7 portions of the twenty-two square mile Mill Creek Basin; and
8 WHEREAS, solutions to both drainage and flooding problems
9 as well as enhancement of resource potentials in the basin
10 cannot be fully controlled or implemented by measures taken
11 solely within the boundaries of any one of the parties; and
12 WHEREAS, since 1987 all the parties have shared equally
13 in the costs of Mill Creek Studies conducted as part of the
14 Green River Basin Program; and
15 WHEREAS, the Green River Basin Executive Committee has
16 recommended continued sharing of costs for planning, design
17 and implementation of the Mill Creek Basin Flood Control Plan
18 through an agreement among Auburn, Kent and King County; and
19 WHEREAS, pursuant to RCW 39.34 entitled the "Interlocal
20 Cooperation Act," the parties as local governments are
21 authorized to execute agreements to permit them to make the
22 most efficient use of their powers to their mutual advantage.
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26 Resolution No. 2299
March 11, 1992
Page 1
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2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
4 RESOLVES THAT:
5 SECTION 1. The Mayor and City Clerk of the City of
6 Auburn, Washington, are herewith authorized to execute an
7 Interlocal Agreement between King County, the City of Auburn
g and the City of Kent relating to the Mill Creek Basin Program.
9 A copy of said Agreement is attached hereto and denominated as
10 Exhibit "A".
11 gECTION 2. The Mayor is hereby authorized to implement
12 such administrative procedures as may be necessary to carry
13 out the directives of this legislation.
14 DATED and SIGNED this 16th day of March, 1992.
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16 CITY OF AUBIIRN
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M A Y O R
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26 Resolution No. 2299
March 11,1992
Page 2
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1 ATTEST:
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4 Robin Wohlhueter,
5 City Clerk
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9 APPROVED AS TO FORM:
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12 Ste hen R. Shelton,
City Attorney
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26 Resolution No. 2299
March 11,1992
Page 3
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Mill Creek
Interlocal Agreement
June 30, 1992
Green Kiver Basin Prog7am
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Green River Basin Prog:ram
• Interlocal Agreement .
Mill Creek Basin Program
THIS AGREEMENT is entered into by and among the following
PARTIES: the CITY OF AUBURN, a municipal corporation in the
State of Washington (hereinafter referred to as "AUBURN"),
the CITY OF KENT, a municipal corporation of the State of
Washington (hereinafter referred to as "KENT") and the COUNTY
OF KING (hereinafter referred to as "KING COUNTY").
WHEREAS, the PARTIES hereto share jurisdiction over portions
of the twenty-two square mile Mill Creek Basin; and
WHEREAS, solutions to both drainage and flooding problems as
well as enhancement of resource potentials in the
basin cannot be fully controlled or implemented by
measures taken solely within the boundaries of any
one of the PARTIES; and
WHEREAS, the Mill Creek Basin and the Green River are
hydrologically connected in that water flowing from
the Mill Creek Basin into the Green River raises
water levels downstream and the Mill Creek Basin
• experiences significant back-water flooding from
the Green River; and
WHEREAS, since 1987, all the PARTIES have shared equally in
the costs of Mill Creek Studies conducted as part
of the Green River Basin Program; and
WHEREAS, the PARTIES, under the auspices of the Green River
Basin Program, have conducted preliminary design
studies of needed outlet facilities for the lower
Mill Creek Basin and have completed environmental
studies on fisheries, water quality, and wetlands;
and
WHEREAS, KING COUNTY, under a State Centennial Grant and in
cooperation with AUBURN and KENT, is developing a
Mill Creek Basin Water Quality Plan which will
provide design guidelines for Mill Creek Basin
flood control facilities to effect improvements in
the Basin's water quality; and
WHEREAS, the Corps of Engineers' Special Area Management
Plan, sponsored by the PARTIES and intended to
provide a wetlands management plan for the Mill
Creek Basin, needs to be integrated into the design
decisions that will be a part of the Mill Creek
Basin Flood Control Plan; and
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King County Auburn Kent Renton Tukwila
• WHEREAS, the stormwater management plans and facilities of
AUBURN, KENT, and KING COUNTY which are tributary
to flood control facilities needed in the lower
Mill Creek Basin should be integrated into the Mill
Creek Basin Flood Control Plan; and
WHEREAS, the activation of the Green River Flood Control
Zone District in 1990 did not make provisions for
funding planning, design and implementation of the
Mill Creek Basin Flood Control Plan; and
WHEREAS, the Green River Basin Executive Committee has
recommended continued sharing of costs for
planning, design and implementation of the Mill
Creek Basin Flood Control Plan through an agreement
among AUBURN, KENT, and KING COUNTY.
THEREFORE, the PARTIES agree to the following:
l. PRINCIPALS AND OBJECTIVES
1.1 The PARTIES agree that there is a significant
flooding problem in the Mill Creek Basin caused bx
hillside runoff and water backing up into the basin
from high flows in the Green River and that there
is a need for a Mill Creek Basin Flood Control
• Plan.
1.2 The PARTIES agree to utilize the studies of the
Mill Creek Basin that were conducted under the
Green River Basin Program in the development of the
Mill Creek Basin Flood Control Plan.
1.3 The PARTIES agree that the Mill Creek Basin Flood
Control Plan will include environmental elements in
the planning process to preserve, protect and
enhance water quality, wetlands, fisheries habitat
and usage, and wildlife habitat and usage.
1.4 The PARTIES agree that the objective of this
agreement is to complete the engineering and design
plans for a comprehensive flood control system for
the lower Mill Creek Basin and to implement this
system.
2. Work Program, Budget and Schedule
2.1 The PARTIES approve the 1991-1992 work program and
schedule for the Mill Creek Basin Flood Control
Plan design phase as outlined in Attachment A.
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• 2.2 By September 1 annually, the PARTIES will review
and approve a Mill Creek Basin Flood Control Plan
work program, budget and schedule for the
subsequent year's activities.
2.3 The PARTIES will review and approve the work
conducted on the Mill Creek Basin Flood Control
Plan during the current year at the end of each
quarter.
3. Implementation Fundinq
3.1 The PARTIES agree to investigate long term funding
options to implement recommended and approved Mill
Creek Basin projects. Options may include but are
not limited to: creation of a Mill Creek Flood
Control Zone District, establishment of a subzone
or equivalent special purpose district within the
Green River Flood Control Zone District, and other
feasible funding alternatives.
3.2 The PARTIES agree to investigate opportunities to
secure federal funds to implement recommended and
approved Mill Creek Basin projects through
coordination and local sponsor agreements with the
Soil Conservation Service on the Westside Green
. River Watershed Project and participation as local
sponsor for flood control work undertaken by the
U.S. Army Corps of Engineers under their Section
205 Small Projects Authority.
4. Coordination
4.1 The PARTIES agree to submit all work products
produced in conjunction with the Mill Creek Basin
Flood Control Plan for review by the Green River
Basin Technical Committee and the Green River Basin
Executive Committee.
4.2 The PARTIES agree to jointly participate with the
Corps of Engineers in the Mill Creek Special Area
Management Plan to ensure its compatibility with
the Mill Creek Basin Flood Control Plan.
4.3 The PARTIES agree to coordinate planning and design
of the Mill Creek Basin Flood Control Plan with the
Mill Creek Water Quality Plan being developed by
King County.
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• 5. Administration
KING COUNTY shall be the responsible entity for
administering this agreement including
administration of consultant contracts; preparation
of work plans, schedules and budgets; and
coordination of billing and reimbursement for work
perf ormed .
6. Cost Sharina
6.1 The PARTIES agree to equally share (33$ each) the
costs required for the completion of annual work
programs, pursuant to Section 1 above, which will
cover planning, design and final engineering plans
and specifications for flood control improvements
for the Mill Creek Basin.
6.2 Each party agrees to annually present to its
legislative body a request for funding equivalent
to its respective share of the work program and
budget as approved pursuant to Section 1 herein no
later than November 1, annually.
6.3 No element of the approved annual work program and
• budget which involves cost sharinq by the PARTIES,
shall be initiated until all participating parties
have secured funding for their respective shares or
until the work program and budget have been revised
and approved pursuant to the conditions established
in Section 1 herein.
6.4 Any funds collected from any of the PARTIES in a
given year but not expended during that year, will
be credited to the party's (parties') account(s)
for the subsequent year.
7. Termination or Amendment:
This agreement may be amended or terminated only by
the expressed agreement of all parties pursuant to
legislative action by each signatory to this
agreement.
8. Duration•
The duration of this agreement shall be one year
from the effective date provided that the annual
work program and budget will be approved in
accordance with Sections 2 and 6 herein.
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~ 9. Effectiveness:
This agreement shall be filed and submitted for
approval by the requisite authorities and upon the
last such filing or approval, the agreement shall
come into and be of full force and effect.
10. Hold Harmless:
Nothing in this agreement is intended to create any
legal duty toward any person not a party of this
agreement. None of the obligations in this
aqreement or any breach of the obligations shall
give rise to legal action or a claim for damages by
any person not a party to this agreement.
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w KING COUNTY
The signing of this agreement was authorized by the governing
body of KING COUNTY adopted at a meetinq on
1992.
ATTES By:
By: Title. County Ece tiv
Date: Date: 4 _ 341
Aqplega 04 -F0
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AUBURN '1 ~G~ Q~
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The signing of this agreement was authorized by th zw i g
bod~- of vthe CITY OF AUBURN adopted at a~neeting on p
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` V ATTE ST ~ By :
Title': Mayor
Date : Date : -4P,~..~
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KENT +
The signing of this agreement was uthorized by the governing
body of the CITY OF KENT adopted at a meeting on
1992.
ATTEST By :
By : T it 1 e: Mayor
Date: Date: 9
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' . I'Idl LII LJ, 177L li~ ~~~vvv,LU u i
SL:E2:MI2
. ``v PROPOSED N0. 92-176 ~
Jw~c~r - u~-- I
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MOTIUN N0. 8669
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2 A MOTION authorizing an interlocal agreement
between the Cities of Auburn and Kent, and
11 King County to equally share the costs of
engineering and design work for the Mill
Creek Basin Flood Control Plan.
4
5 WHEREAS, the PARTIES to this agreement (the Cities of Auburn and Kent,
6 and King County) share jurisdiction over portions of the twenty-two square
7 mile Mill Creek Basin, and
WHEREAS, solutions to drainage, flood, and water quality problems and
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9 resource management issues in the Mill Creek Basin require cooperation ~
10 between jurisdictions, and
11 WHEREAS, the Mill Creek Basin and the Green River are hydrologically
12 connected in that water flowing from the Mill Creek Basin into the Green
River raises water levels downstream and the Mill Creek Basin experiences
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significant backwater flooding from the Green River, and
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WHEREAS, the PARTIES have shared equally in the cost of Mill Creek ~
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16 studies conducted as part of the Green River Basin Program since 1985, and
WHEREAS, the PARTIES have conducted preliminary design studies of
17 needed outlet facilities for the lower Mill Creek Basin and have completed
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environmental studies on fisheries, water quality, and wetlands under the
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auspices of the Green River Basin Program, and
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21 WHEREAS, King County, under a State Centennial Clean Water Fund Grant ~
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and in cooperation with the Cities of Auburn and Kent, is developing a htill
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Creek Basin Water Quality Management Plan which will provide design guide-
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lines for Mill Creek Basin flood control facilities and improve the basin's 24
water quality, and i
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WHEREAS, the United States Army Corps of Engineers' Special Area
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27 Management Plan (SAMP), sponsored by the PARTIES, is intended to provide a '
wetlands management plan and stormwater,management plans and facilities for
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29 the Mi1l Creek Basin to be integrated into.the design of the Mill Creek
30 Basin Flood Control Plan, and
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8669
~ WHEREAS, the Green River Flood Control Zone District, activated in ~
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2 1990, does not make provisions for funding planning, design, and implemen- i
3 tation of the Mill Creek Basin Flood Control Plan, and ~
4 WHEREAS, the Green River Basin Executive Committee approved the Mill ~
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5 Creek Interlocal Agreement at a meeting on December 11, 1991;
6 NOW THEREFORE, BE IT MOVED by the Council of King County:
7 The county executive is hereby authorized to enter into an interlocal
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8 agreement in substantially the form attached hereto as Exhibit A with the
9 cities of Auburn and Kent to equally share the costs of engineering and
10 design work for a flood control system for the lower Mill Creek Basin and
11 to carry out King County responsibilities specified in the attached ~
12 agreement.
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PASSED this ~ day of
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KING COUNTY COUNCIL
15 KING COUNTY, WASHING ON
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17 Chair '
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ATTEST: '
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Clerk of the Council
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FINANCE DEPARTMENT
BOB ROEGNER, MAYOR ~ 25 WEST MAiN, AUBURN, WA 98001
PAT DUGAN, FINANCE DIRECTOR ~
(206) 931-3033
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and Code
City, situate in the County of King, State of Washington, do
hereby certify that the foregoing is a full, true and correct
copy of Resolution No. 2299 of the resolution of the City of
Auburn, entitled "A RESOLUTION."
I certify that said Resolution No. 2299 was duly passed by
the Council and approved by the Mayor of the said City of Auburn,
on the 16th day of March A.D., 1992.
Witness my hand and the official seal of the City of Auburn
this August 3, 1992, A.D.
Robin Wohlhueter
City Clerk ~ - ~ -
City of Auburn