HomeMy WebLinkAbout2777 ! RESOLUTION NO. 2 7 7 7
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
4 INTER-GOVERNMENTAL AGREEMENT BETWEEN THE MUCKLESHOOT INDIAN
5 TRIBE AND THE CITY OF AUBURN TO PROVIDE A FRAMEWORK WHICH
CREATES A STRUCTURED PROCESS TO BE USED FOR FUTURE ISSUES
6 BETWEEN THE TRIBE AND THE CITY.
7
8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON IN A
9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS:
lO ~ The Mayor and City Clerk of the City of
ll
Auburn are hereby authorized to execute an Inter-Governmental
]2
Agreement between the MUCKLESHOOT INDIAN TRIBE and the CITY OF
13
]4 AUBURN to provide a framework which creates a structured
15 process to be used for future issues between the Tribe and the
16 City. A copy of said Agreement is attached hereto,
17
denominated as Exhibit "A", and made a part hereof as though
18
set forth in full herein.
19
20 ~ The Mayor is hereby authorized to implement
21 such administrative procedures as may be necessary to carry
22 out the directives of this legislation.
25
26
Resolution No. 2777
Septenlber 11, 1996
Page I
!
DATED and SIGNED this 16th day of September, 1996.
2
3 CITY OF AUBURN
4
5
C~L~RLES A. BOOTH
8 MAYOR
9
ATTEST:
10
]!
18 Robin Wohlhueter,
City Clerk
]5
]6
APPROVED AS TO FORM:
17
20' Michael J. Reynolds,
City Attorney
22
23
24
25
26
Resolution No. 2777
Septeraber 11, 1996
Page 2
INTER-GOVERNMENTAL AGREEMENT BETWE~
THE MUCKLESHOOT INDIAN TRIBE
AND
THE CITY OF AUBURN
This inter-governmental agreement (hereinafter referred to as "Framework
Agreement") is entered into by and between the Muckleshoot Indian Tribe (hereinafter
referred to as "MIT") and the City of Auburn (hereinafter referred to as "Auburn") with
reference to the following:
RECITALS
Whereas, MIT is a federally recognized Indian tribe located on the Muckleshoot
Indian Reservation (hereinafter referred to as "the Reservation") in King and Pierce
Counties, Washington. MIT has a vital interest in, and responsibility for, the planning
and protection of the public health, safety and welfare, economic welfare and resource
management needs and interests of its members, the residents of the Reservation and the
Reservation itself, and
Whereas, Auburn is a Code City (RCW 35A) incorporated within the state of
Washington, which is responsible for the planning, protecting, and meeting the public
health and safety, and resource management needs and interests of its residents; and
Whereas, because the Reservation boundaries fall both inside of and outside of the
corporate boundaries of Auburn, and the corporate boundaries of Auburn fall both inside
of and outside of the Reservation boundaries, Auburn and MIT have a common interest in
ensuring that development actions undertaken by either party are reasonable, do not cause
undue economic or environmental harm to MIT or Auburn, and do not interfere with the
legitimate authorities, governmental policies, and regulatory responsibilities of either
party; and
Whereas, MIT and Auburn acknowledge that success in achieving their respective
responsibilities, goals, and interests can be significantly affected by the actions of the
other, and thus it is in the interests of both parties to establish a process that facilitates
greater communication and cooperation between the parties, and provides methods for
reaching resolution on various issues, thereby resulting in effective and enduring
agreements.
Section 1. ~
The goals and objectives of the Framework Agreement are to create a structured
process, including regularly scheduled meetings of policy representatives of the parties,
which shall be used by both parties to:
Resolution No 2777 - September
16, 1996
1 of 6
1.1 Discuss issues, concerns policies, priorities, actions and initiatives
affecting and/or of interest to both parties;
1.2 Move to a relationship that is based on consistent contact, constructive
dialogue and problem solving efforts by the parties;
1.3 Promote cooperation with regard to projects, studies, development, and
resource management/protection efforts of mutual interest and benefit to the parties;
1.4 Seek and achieve agreements that promote stability, certainty and long-
term cooperation between the parties;
1.5 Resolve specific disputes by employing appropriate dispute resolution
mechanisms to be developed and agreed to by the parties.
Section 2 Provisions and Responsibilities of Policy Committee
2.1 Formation of Policy Committee
MIT and Aub .u~n agree to form a Policy Committee to be comprised of elected
officials, or their designated representatives, of the parties. MIT and Auburn agree that
thc Policy Committee is the appropriate forum to discuss their respective issues, discuss
disputes and to seek agreements relating to those actions, initiatives, programs, interests
and policies that impact and/or are of mutual interest to the parties as outlined in Section
2.4. The Policy Committee shall bc formed and hold its first meeting within forty-five
(45) days of the date of thc execution of this Framework Agreement.
2.2 Organization of Policy Committee
Within forty-five (45) days of the effective date of this Framework Agreement,
the Policy Committee shall be formed consisting of up to three (3) elected officials of
MIT, or their designated representatives, to be selected and subject to removal and
replacement by MIT, and up to three (3) elected officials of Auburn, or their designated
representatives, to be selected and subject to removal and replacement by Auburn.
Regardless of the number of representatives a party has on the Committee, MIT and
Auburn shall each have one vote on matters concerning this Framework Agreement. It is
the intent of the parties that the Policy Committee be given wide flexibility in the
procedures and the manner in which the matters before the Policy Committee are
handled. It is the intent of MIT and Auburn to attempt to achieve consensus on matters
requiring action.
2.3 Meetings of Policy Committee
The Policy Committee shall meet and confer on a quarterly basis during a
calendar year. The Policy Committee shall be co-chaired by an elected official
Resolution No 2777 - September
16, 1996 2 or6
from MIT and Auburn. The co-chairs, with assistance from their staffs, shall be
responsible for setting meeting dates, agendas and the distribution of materials
required for meeting purposes. Meetings of the Policy Committee will take place
at a mutually agreed upon location. At least two representatives of each party
must be present for Policy Committee action to he valid. Minutes of each meeting
shall be taken, and reviewed by MIT and Auburn for any corrections. Additional
meetings may be called at the discretion of the co-chairs, the mutual agreement of
both being required before scheduling of any such additional meetings occurs.
MIT and Auburn may have staff or other designated persons also attend the
meetings to provide assistance to the Policy Committee, but such persons shall
not be considered part of the Policy Committee for decision making purposes.
2.4 Scope of Issues for Policy Committee
The scope of the issues that may be brought before the Policy Committee for
discussion, formal consideration and negotiation purposes will be matters of inter-
governmental interest to MIT and Auburn and may include, but are not limited to matters
such as Environmental Protection, Fire and Emergency Medical Services,
Fisheries/Habitat Protection, Land Use Planning and Regulation, Development Activities
within the Reservation and City of Auburn; Police and Judicial Services, Utilities
matters, and Traffic and Transportation.
2.5 Selection of Issues/Process for Discussion
Either MIT or Auburn may propose an issue (or issues) listed in Section 2.4, or
other issues, to the Policy Committee that the proposing party would like to make subject
to the process of this Framework Agreement. Issues proposed should be provided to the
co-chairs for purposes of scheduling, discussion and agenda action. If more than one
issue is proposed for discussion and formal selection, the Policy Committee shall discuss
the order and/or priority in which the proposed issues should be considered. Only upon
formal selection and consensus agreement by the Policy Committee shall an issue
become subject to the process of this Framework Agreement. For purposes of this
Framework Agreement, "consensus" shall be the agreement of the Policy Committee, or
pursuant to paragraph 2.2 herein.
2.6 Decision making by Policy Committee
MIT and Auburn agree that decisions made by the Policy Committee should be
reached on a consensus basis. To advance this Decision making goal and process, MIT
and Auburn agree that Policy Committee meetings and/or negotiations may be facilitated
by a qualified, neutral individual who is jointly selected, equally paid by, and agreed to
by both parties. Ifa facilitator is so retained, such action shall be by determination of the
Policy Committee.
2.7 Formation of Technical Committees
Resolution No 2777 - September
16, 1996
3 of 6
If an issue is selected by the Policy Committee that the Policy Committee decides
requires further information, technical study, and/or analysis before a draft agreement can
be developed, the Policy Committee shall form a Technical Committee to provide
appropriate technical support, policy recommendations, and/or agreement drafting
assistance.
2.8 Procedures for Technical Committees
2.8.1 The Policy Committee co-chairs may designate Policy Committee
members, and appropriate staff, consultants, and/or legal counsel, to participate in a
Technical Committee for the purpose of developing, negotiating, and/or reaching draft
agreements pertaining to a selected issue. A Technical Committee shall include at least
one Policy Committee member from MIT and Auburn. MIT and Auburn shall have equal
representation on a Technical Committee. Unless otherwise agreed, Technical
Committees shall be chaired or co-chaired by Policy Committee members assigned to
participate in the Technical Committees.
2.8.2 Once approved and assigned to a task or study effort, the Technical
Committee shall develop a work plan, schedule and cost sharing formula, which shall be
reviewed and approved by the Policy Committee. The work plan shall focus upon
gathering information, performing background research, technical studies, and/or
otherwise developing the factual basis necessary for continuing discussion on the issue
designated. The work plan shall direct the study, data collection, analytical and other
relevant tasks appropriate to the issue. The Technical Committee shall prepare a report
on the issue, which should contain findings and recommendations, for submission to, and
consideration by the Policy Committee. A Technical Committee may also submit a
proposed draft agreement concerning a specific issue to the Policy Committee.
2.9 Review of Proposed Agreements
Draft agreements concerning specific issues developed by a Technical Committee
shall be submitted to the Policy Committee for its consideration. The Policy Committee
shall have ninety (90) days to review and discuss a proposed agreement from the date the
Technical Committee submits a proposed agreement for review. If consensus on a draft
agreement is reached by the Policy Committee or the ninety day review period expires,
whichever occurs first, original and/or revised draft agreements on specific issues, or
certain issues within a draft agreement that are identified by the Policy Committee as
matters preventing the Policy Committee from reaching consensus, shall be submitted to
the MIT Tribal Council and the Auburn City Council for their review and action.
Pending such actions by the MIT Tribal Council and the Auburn City Council, and
formal adoption by MIT and Auburn of any agreements on specific issues, draft
agreements developed by the Policy Committee are advisory only, are non-binding upon
the parties, and shall have no fome and effect.
Resolution No 2777 - September
16, 1§96
4 of 6
Section 3 ~
MIT and Auburn intend that the commitments made in this Framework
Agreement and any other agreements reached concerning specific issues should be
subject to the establishment of effective dispute resolution methods.
3.1 Framework Agreement
In the event an issue or dispute arises between the parties concerning this
Framework Agreement, the parties shall make a good faith effort to resolve any conflict,
claim or controversy by employing the Policy Committee for discussion of the matter. In
the event the Policy Committee is unable to resolve the dispute within ninety (90) days,
either party may request mediation. Mediation shall be commenced by the party
requesting it notifying the other party of its request for mediation. The parties shall
mutually agree on the mediator to carry out the mediation. Mediation shall continue for
no more than one hundred and twenty (120) days at which point the mediation shall be
deemed failed, unless the parties agree to extend the time or the parties have reached an
agreement and have had such agreement approved by the MIT Tribal Council and the
Auburn City Council. Each party shall bear its own costs of mediation.
3.2 Issue Specific Agreements
Any agreement reached by the parties concerning a specific issue pursuant to
Section 2 shall contain effective dispute resolution measures. At a minimum, all such
specific agreements shall contain provisions for the mediation of disputes.
Section 4 Miscellaneous Provisionn
4.1 Construction and Interpretation
This Framework Agreement has been mutually negotiated between the parties.
No adverse inference or ambiguity shall be construed against the party that drafted any
part of this Framework Agreement.
4.2 Amendments to this Framework Agreement
The provisions of this Framework Agreement may be modified or amended upon
the mutual written agreement of the parties duly executed by the lawfully authorized
officers or officials of each party.
4.3 Notices
All notices given pursuant to this Framework Agreement shall be by first class
mail, postage prepaid, to the following:
Resolution No 2777 - September
16, 1996
5 of 6
For City of Auburn:
Mayor
City of Auburn
25 West Main
Auburn, WA 98001
For Muckleshoot Indian Tribe
Chairperson
Muckleshoot Indian Tribe
39015 - 172nd Avenue S.E.
Auburn, WA 98092
4.4 Termination of Framework Agreement
Either party may terminate this Framework Agreement upon one hundred and
eighty (180) days written notice. Termination of the Framework Agreement shall not
terminate, nor be construed as terminating, any other agreements reached by the parties
prior to the termination date of the Framework Agreement. Such prior agreements shall
survive the termination of the Framework Agreement, and shall he binding on both
parties and their successors.
4.5 Effective Date
This Framework Agreement shall become effective upon execution by MIT and
Auburn.
DATED this/~y of ~.~/'~, 1996.
Mayor Ch~i.p~/jts;h~-' ~,
City of Auburn Muckl~shoot Indian Tribe
_~roved as to Form:
Resolution No 2777 - September
16, 1996
6 of 6