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HomeMy WebLinkAbout1889 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1§ 16 17 18 19 2O 21 22 23 24 25 26 27 29 30 31 32 RESOLUTION NO. 1 8 8 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A FORUM INTERLOCAL AGREEMENT WITH KING COUNTY THAT WILL CONSIDER ISSUES OF POLICY REGARDING TERMS AND CONDITIONS OF THE SOLID WASTE INTERLOCAL AGREEMENT ENTERED INTO BY THE CITIES AND TOWNS LOCATED WITHIN KING COUNTY. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: The Mayor and City Clerk are herewith authorized to execute a Forum Interlocal Agreement with King County that will consider issues of policy regarding terms and conditions of the Solid Waste Interlocal Agreement entered into by the cities and towns located within King County. A copy of said agreement is attached hereto, denominated as Exhibit "A", and made a part hereof as though set forth in full herein. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. DATED and SIGNED this 6th day of September, 1988. CITY OF AUBURN ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Mar~Ueri te Schell entrager-;-City Attorney Resolution No. 1889 8/25/88 FORUM INTERLOCAL AGREEMEN~ EXHIBIT A This Agreement is entered into between King County, a political subdivision of the State of Washington, the City of Seattle, and the cities and towns set forth below, all municipal corporations located within the boundaries of King County, hereinafter referred to as "County" and "Cities". This Agreement has been authorized by the legislative body of each jurisdiction pu~suant to formal action as designated on the signature pages. 1. PREAMBLE' This Agreement is entered into for the purposes of establishing a Forum composed of representatives from the Cities and the County. that will consider issues of policy regarding terms and conditions of the Solid Waste Interlocal Agreement entered into individually~between each City and the County. XI. pURPOSE The purpose of this Agreement is to establish the Forum and the terms and conditions by which the pa~ties shall discuss and/ordetermine policy and development of a Comprehensive Solid Waste Management Plan. III. DURATION This Agreement shall become effective on July 1, lg88, and shall remain in effect through June 30, 2028. -1- IV. APPROVAL This Agreement shall be submitted to the Washington State Department of Ecology for its approval as to all matters within the Department's statutory jurisdiction, if any. This Agreement shall be filed with each City Clerk, with the Clerk of the King County Council, and the Secretary of State of the State of Washington. V. SCOPE OF RESPONSIBILITIES' The scope of the responsibilities of the Forum is as follows: Advise the King County Council, the King County Executive and other jurisdictions as appropriate, on all policy aspects of solid waste management and planning. Consult with and advise King County Solid Waste Division on technical issues related to solid waste management and planning. Review and comment on alternatives and recommendations for King County comprehensive solid waste management plan and facilitate a review and/or approval of the plan by each jurisdiction. Review subsequent proposed interlocal agreements between King County and Cities for planning, waste recycling and reduction, and waste stream control. 5. Review and comment on disposal rate proposals. -2 Review and comment on status reports on waste stream reduction, recycling, energy/resource recovery and solid waste operations with interjurisdictional impact. Promote information exchange and interaction between waste generators, local government with collection authority, recyclers and County planned and operated disposal systems. Provide coordination opportunities between King County Solid Waste Division, Cities, ~r~vate operators and recyclers. Aid Cities in recognizing municipal solid waste responsibilities, including collection and recycling, and effectively carrying out those responsibilities. VX. ~ 6.1 The Forum shall consist of a 12 member group of representatives of unincorporated King County designated by the King County Council, representatives of the City of Seattle designated by the City of Seattle, and representatives of other incorporated cities and towns within King County that are signators to this agreement designated by the Suburban Cities Association. Members of the Forum shall be established on the most current population estimates as published by the Washington office of Financial Management. -3- Currently, unincorporated King County composes 41 percent; Seattle, 36 percent: and Suburban Cities, 23 percent of the total population. The calculations are determined as follows: Members Unincorporated King County 12 x 41% : 4.92 5 Seattle 12 x 36% : 4.32 4 · Suburbs 12 x 23% = 2.76 ~ ~Total 12 + Chair 6.2 In calculating the number of representatives on the Forum, all numbers .5 and greater are to be rounded up to the nearest whole number. Proportional representation of the Forum will be reviewed once every five years during the life of this agreement and necessary revisions shall be made to the proportional representation according to the formula set forth above based on population change as established by the most current census. 6.3 In addition to the 12 members of the Forum, a citizen chair shall be selected or removed by a majority vote of all members of the Forum. Each representative shall have an equal vote on all Forum decisions. The Chair shall vote only in the case of a tie on any vote 'of the Forum. VII. HEETINGS Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters related to the business of the Forum. There shall be a minimum of two meetings each year and not less than 14 days written notice shall be given to members prior to such meeting. Four or more members or the -4- Chair may declare an emergency meeting with 24 hours written notice to the members. The first meeting shall be held no later than March 1, 1988, and the time, date and location shall be set by King County after consultation with the representatives of Seattle and the other cities and towns. VIII. BYLAWS 8.1 The Forum shall, within sixty days after its first'meeting, adopt bylaws for the operation of ~he Forum. Such bylaws shall recognize that this Forum shall function in the place of the Puget Sound Council of Governments Committee on Solid Waste and the Solid Waste Management Board of the King Sub-regional Council. This Interlocal Forum shall not report to nor have responsibilities to or for either committee or council. The King County Solid Waste Advisory Committee formed pursuant to RCW 70.95.165 shall continue pursuant to its statutory functions and,-in addition, shall advise the Forum on solid waste matters. 8.2 The bylaws shall provide, among other things, that the Forum shall make an annual written report to the public, and the parties to this Agreement .on Forum activities and the status of the solid waste systems in King County. The bylaws may also provide for such other reports as deemed necessary. 8.3 The bylaws shall also provide for the manner in which the Forum will provide its consultative and participatory advice regarding the solid waste management plan. -5- IX. STAFFING AND OTHER SUPPORT Staffing, supplies and equipment for the Forum shall be supplied by and through the Puget Sound Council of Governments, its successor, or other entity. Reimbursement to the Puget Sound Council of Governments for such staffing, supplies and equipment shall be agreed upon and paid by King County from monies collected from the solid waste rates and charges, after considering recommendations by the Forum to King County. The Forum shall submit an appropriation request to the County b~ May 31 of each year or such other mutually agreed upon date. King County may, subject to approval by a two-thirds vote of all constituted representatives of the Forum, terminate the staffing with Puget Sound Council of Governments and provide such staffing, supplies and equipment by other means. X. FORCE MAJEURE The parties are not liable for failure to perform pursuant to the terms of this AgreQment when failure to perform was due to an unforeseeable event beyond the control of any party to this agreement. XI. MERGER This Agreement merges and supersedes all prior negotiation, representation and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties except with regard to the provisions of the Solid Waste Interlocal Agreement. -6- XII. ~AIVER No waiver by either party of any term or condition of this Agreement shall be deemed or construed to constitute a waiver of any other term or condition or any subsequent breach, whether of the same or a different provision of this Agreement. XIII. THIRD PARTY BENEFICIARY This Agreement is not entered into with the intent that it shall benefit any other entity or person, except those expressly described herein, and no other such person or entity shall be entitled to be treated a~ a third party beneficiary of this Agreement. XIV. SEVERABILITY If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. -7 IN WITNESS WHEREOF, this Agreement has been executed by each party on the date set forth below, pursuant to the legislative action set forth below. CITY KING COUNTY Mayor .Date Pursuant to ResolutionNO. 1889 C1 erK-Attest Approved as to form and legality City At~torney Oat~ -' ' NOV 15'1988 FOR Date Pursuant to ~l~e No. ~~ Clerk-Attest Approved as to form Deputy Prosecuting Attorney , Date 326gL-I4L -8-