HomeMy WebLinkAbout2671 (2) 1 RESOLUTION NO. 2 6 7 1
2
A RESOLUTION OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON,
3 AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF AGREEMENT
AMONG THE INDIAN HEALTH SERVICE, THE ENVIRONMENTAL PROTECTION
4 AGENCY, THE CITY OF AUBURN AND THE MUCKLESHOOT TRIBE OF THE
MUCKLESHOOT INDIAN RESERVATION WASHINGTON, TO PROVIDE FOR A
5 SEWER CONNECTION FROM THE TRIBAL COMMUNITY SEWERAGE SYSTEM TO
THE CITY SYSTEM TO RESOLVE CURRENT HEALTH PROBLEMS ON THE
6 RESERVATION.
7
8 WHEREAS, the Muckleshoot Tribe of the Muckleshoot Indian
9 Reservation Washington have applied to the Indian Health
10 Services, IHS, and the Environmental Protection Agency, EPA,
11 for funding under the Clean Water Act for the purposes of
12 resolving a health hazard problem on the Reservation due to
13 inadequate sewerage collection systems; and
14 WHEREAS, the City of Auburn, City, desires to aid the
15 Tribe in resolving current health problems; and
16 WHEREAS, a Memorandum of Agreement provides that a Sewer
17 Connection Agreement will be negotiated between the Tribe and
18 the City; and
19 WHEREAS, the negotiations for the Sewer Connection
20 Agreement have not yet been completed; however, to facilitate
21 the Tribal receipt of the grant the City will to continue to
22 negotiate for the Sewer Connection Agreement to allow a
23 connection under certain specific terms and conditions of
24 which the Tribe is in agreement on; and
25
26
Resolution No. 2671
September 12, 1995
Page 1
_ ., ,
1
WHEREAS, the implementation of this Memorandum of
2
Agreement which will allow connection, does not have any
3
adverse environmental effect because its sole purpose is to
4
cure existing health problems; and
5
WHEREAS, in the negotiation process the City had
6
expressed concerns on the possibility that if there were a
7
connection to the City system that the Tribe could, at its
8
option, connect in, on its system, commercial uses; and
9
WHEREAS, the Tribe has agreed in exchange for the
10
connection that it will not allow connections other than those
11
of existing residential and specific commercial facilities
12
such as Tribal administration, Tribal school, library, senior
13
center, Tribal store, churches and current residential; and
14
WHEREAS, the Tribe has indicated a desire to build
15
additional single-family residential housing for its members
16
on Reservation property and desires to have those housing
17
units connected to the sewerage collection system and the
18
Tribe has indicated that such connections will be limited; and
19
WHEREAS, the City agrees pursuant to the Memorandum of
20
Agreement that the Tribe may connect a limited number of new
21
single-family residential housing units for Tribal members on
22
Reservation property to the system and for purposes of this
23
Agreement a limited number shall be less than one hundred
24
(100) ; and
25
26
Resolution No. 2671
September 12, 1995
Page 2
1
WHEREAS, the Tribe and the City will proceed to negotiate
2
a Sewer Connection Agreement in the future to provide for a
3
rate structure and payment terms, terms and conditions for the
4
connection of the Tribe sewerage collection and transmission
5
facilities to the City' s sewerage system, terms and conditions
6
for future Tribal connections into the system; all terms and
7
conditions for continued sewer service
8
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
9
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
10
RESOLVES THAT
11
Section 1. The Mayor of the City of Auburn is hereby
12
authorized to execute a Memorandum of Agreement among the
13
Indian Health Service, the Environmental Protection Agency,
14
the City of Auburn and the Muckleshoot Tribe of the
15
Muckleshoot Indian Reservation Washington
16
Section 2 . The Mayor is hereby authorized to implement
17
such administrative procedures as may be necessary to carry
18
out the directives of this legislation.
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Resolution No 2671
September 12, 1995
Page 3
r _y
1 DATED this 13th day of September, 1995.
2
3 CITY OF AUBURN
4 ( p n ia
6 CHARLES A BOOTH
MAYOR
7
8
9
ATTEST:
10
11
12 /61 " 4 IN uai
Robin Wohlhueter,
13 City Clerk
14
15
APPROVED AS TO FORM:
16
17 ti
18
Michael J Reynolds,
19 City Attorney
20
21
22
23
24
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Resolution No. 2671
September 12, 1995
Page 4
MEMORANDUM OF AGREEMENT 51,7 _ta
AMONG / /
THE INDIAN HEALTH SERVICE �)
THE ENVIRONMENTAL PROTECTION AGE' 7Y
THE CITY OF AUBURN
AND
THE MUCKLESHOOT TRIBE
OF
THE MUCKLESHOOT INDIAN RESERVA%_C
WASHINGTON
PUBLIC LAR 86-121
PROJECT PO-94--690
This Agreement is made among the Indian Health Service, he:_. ._after referred to as IHS,
acting through the Director, Portland Area Indian Health Service, Deprrrrnent of Health and
Human Services, under and pursuant to the provisions of Public Law c.-- :21 (73 Stat. 267); the
E--tvtronmental Protection Agency, hereinafter referred to as EPA, act_ through the Regional
A,_umintstrator, Region 10, under and pursuant to the provisions of the e.ea n Water Act. as
at:vended; the City of Auburn, hereinafter called the Citt- acting throum the Mayor and the
i\l_uckleshoot Tribe of the Muckleshoot Indian Reservation, hereinafter ntned the Tribe, acting
tE-rough the Chairperson of the Tribe.
WHEREAS, the Tribe has identified the need for major impro-•errtnents in the sewage
ec ;ilection, treatment and disposal facilities on the Reservation; and
WHEREAS, the Tribe submitted a Project Proposal to IHS on t-L_ 24, 1993 requesting
cc—mmunit. sewage system improvements and has submitted an applic-:no- to EPA for assistance
ur der the Indian Set-Aside provisions of the Clean Water Act Amendne.rm-s: and,
WHEREAS, IHS responded to the Project Proposal by indica>u _ its intent to assist the
T r_t-ibe in improving the community sewage system:and_
WHEREAS, IHS and EPA concur in the need for a sewage co=ectguan and disposal
sv.stem to protect the health of Tribal members and to safeguard the er.--mc-ment in and around
the_ Reservation; and,
WHEREAS,IHS and EPA have entered into a Memorandum _nierstanding to
ccooperate in assisting Indian Tribes to address sewage treatment and c.--esal needs under the
C. vnstruction Grants Indian Set-Aside Program; and.
WHEREAS, EPA has approved the Tribe's apps.cation and has -___c ed funds under the
Ir__aan Set-Aside provisions of Section 518(c) of the R ater Quality A. - cDendment of 1987
(P 1. 92-500); and,
PO-94-690
WHEREAS :�.. diconal funding is available under compamoon project P0-95-879 to
compete addition:" nrovements to the community sewer system. to serve the proposed HUD
homes being cons.=jni seder HUD project WA 40-3 and,
WHEREAS S. the Trbe. EP a and IHS entered into a Pre'.Im..nnan Mernc-andum of
Agreement exectd - the Tribe on September 29, 1993 the IHS on October i 1993, and the
EPA on November 15 1993 to provide for the planning phase of-`Ise project as outlined in the
Preliminary Engines=- Report; and,
WHEREAS. th IHS has completed the planning phase of:`Ise project and is ready to
initiate the design: and _:on_auction phases of the project; and,
NOW in order to carry out the project as set t forth in the attached Project
Summary entitled_ "S__\NITATION FACILITIES CONSTRUCTIO-IN OF A COMMUNITY
SEVI AGE COLLECT__ _DN TRANSMISSION SYSTEM TO REPL. ACE FAILING SEPTIC
SYSTEMS ON T_- '_d IUCKLESHOOT INDIAN RESERVATION KING COUNTY,
WASHINGTON. L-N-1:2ER THE INDIAN SET-ASIDE PROGRAM I OF THE CLEAN WATER
ACT - 1987 AMEND ;IENFS, THROUGH THE ENVIRONMENTIAL PROTECTION
AGENCY, PUBLIC L AV. 86-121 PROJECTS P0-94-690 AND PPO-95-879" dated June 1995,
the parties mutual_\ erree:
Tribal Contributions
1 TI-n: Trite shall designate by letter from the Cnairirperson to the parties a
Project Represent a v_ :o coordinate its participation under this proi :ect.
2. Thai the -Tribe hereby grants permission for IHS EP 'A and the City and their
representatives to emir-upon or cross lands of the Muckleshoot Indium Reservaion to carry out
the project as out nned rn the attached Project Summary and as prov 'ided for in this Agreement,
and further agrees to ,naive all claims which may arise by reason. of entry upon such lands,
except those whicn q-aniif% under the Federal Tort Claims Act.
3 Thai the Tribe shall provide. at no cost to IHS or EP A, all required lands,
easements, and rit his- -way os er lands controlled by the Tribe necr essary for construction of the
sewage disposal E iL-aaes. as described in the attached Project Scnmary All interests in such
lands. easements. and :n slit_-of-wa■ shall remain in the name of the Tribe.
4 That the Tribe shall provide necessary administ:avee, clerical. cility and operator
support to assist c the _cesi p1 and construction phase of this project
5 Than the Tri c shall develop and adopt before soh:;taation by I:S for construction
bids appropriate c.tocry eents governing the operation and mainter..;-nace of the T :posed facilities,
including an ordir :t rules and regulations, plan of operation- _nni user fee schedule (or other
acceptable sources of-evenue): that the Tnb-e shall implement specified procedures no later c nan
upon completion of ccnstruction of the propcosed facilities.
6. That the Tribe shall secure. r:ne- to construction of the proposed facilities. the
services of an operate-certified by the Stare c`Washington, Department of Ecology at the is
appropriate to the fac:.ities const ucted.
7 That the Tribe sh'11 negotiate a Sewage Connection Agreement with the City to
provide for the following: rate structure anc -payment terms; terms and conditions for the
connection of the Tribe's sewage collection nand transmission facilities to the City's sewage
system; and all terms and conditions for continued sewer service.
8. The Tithe agrees to collect a_ monthly user fees from all homes connected to lane
Muckleshoot sewage collection and transntsssion facilities as outlined in the Project Summ r:
and will compensate the City at the agreed _. ee structure provided for in the Sewage Conne moon
Agreement with the City of Auburn.
EPA Contributions
9 That EPA shall designate by letter to the parties a representative to coordinre :ITS
participation in the Project.
10 That EPA shall provide to HIE-, technical assistance as needed to help meet
applicable requirements to conduct success _uik the design and construction phase of the P- e_ct.
11 That pursuant to this Agrees ee nt, EPA shall transfer to IHS, through an Inte:-
Agency Agreement, funds in an amount nc- , exceed 52,086,000 00 to provide the sewage
facilities described in the Project Summar
Cin of Auburn Contributions
12. That the City shall designate --• letter to the parties a Project Representative s
coordinate its participation under this Project_
13 That the City shall negotiate _. Sewage Connection Agreement with the Tribe to
provide for the following: rate structure ant: -payment terms; terms and conditions for the
connection of the Tribe's sewa .e collection end transmission facilities to the City's sewage
system; terms and conditions for future Tr`:na. connections onto the system, and all terms a=d
conditions for continued sewer service.
14 That the City agrees to pet— = the connection of existing domestic sewage. is r
September 1, 1995, and future residential. _.-ngle family housing units only, to the extent of
capacity allowed under the Agreement to be -negotiated, entitled "Sewage Connection
Agreement" referred to in Para_-raphs 7 an± _ abo'e.
P0-94-690
Indian Health Service Contribution_
15 That IHS shall designate:: a Project Ea-t:ineer to manage the Project on behalf of the
Tribe, as described in this Agreement t and the attached Project Summary
16. That IHS, utilizing EP 'A s con- ibutic , shall provide all labor, supplies, material_'-
equipment, and professional and admninistrative services required to design and construct the
facilities described in the Project Surnnrnary, including but not limited to engineering design and
management, construction procuremeent. contract administration and management, construction
inspection, reporting, final inspecuon. and warranty enforcement.
17 That the IHS will coercdtnate with the City all construction inspection activities of
the sewage collection and transmissioon facilities as provided for in the Project Summary to
ensure compliance with the approved rplans and specifications. The IHS will provide a
completed Facility Extension Applicaation for all work performed on the City's facilities,.
18. That IHS shall certify, =and par all applicable construction contract payment
requests and provide copies to the Tut and EPA.
19 That IHS, as manazer of the funds of this project, shall establish a separate
account and set of accounting records_ reflecting all u-ansactions using funds received from EPA
for this project; that II-IS shall charge to the project only those direct costs necessary or allocable
to the project; that IHS shall provide t to EPA and the Tribe, upon request, detailed accounting
data related to costs incurred for the pnroject; that ant change in the financial status of the project
that would require a monetary conrihounon from the Tribe shall be reported by IHS to the Tribe
within 48 hours of discovery
20 That IHS shall provide to the Tribe and EPA within 15 working days of the end of
each quarter-year a brief report on Arco_less of the project, including funds expended and
significant events.
21 That IHS, as part of its , contract requirements, will obtain from funds made
available by EPA, a one (I) year warranty for the T be from IHS contractors, suppliers and
manufacturers on all equipment, v.D&.and supplies provided under this Agreement. In the even_
of a problem occurring within the first' year of insta'-ation of IHS-installed facilities, equipment
or work not protected by the warmrices of the suppi_ers or manufacturers, IHS will correct the
problem, subject to the availability of funds and staff resources, as determined by IHS.
Design Review
22. That the IHS shall :cabman to the Tribe. EPA and the City for review and comment
and approval the draft and final deagr--. Including the plans and specifications for the sewage
system collection and transmissio: faccihues and shall incorporate all reasonable requirements
from said reviews into the final dessn_ The IHS incorporate in the design of the primary
PO-94-690
`wage lift station provisio`: .a prevent and/or min — ze any environniennial effects caused by
an surface or subsurface o•,er:coning discharge or le ka_e from the li- ._station.
Project Technical Support
23 That from tir: .:c-tal funds made ava:laile to this project the EPA_ an amount of
10% will be utilized by IHS fir Project Technical Sport; that the fun's s shall be used to cover
technical support costs such as _technician's wages_ tr_✓el_ and other su}ror:t costs: clerical
support; testing, printing, and anther indirect technical support costs assc::aated with the planning,
design, and construction of-de sanitation facilities prajecs.
Project Schedule and Work ?:aan
24 That in the t:e:eest of coordination_ unietsanding and e:o,!:tomy before design or
construction of the project h_ nns a Work Plan and priori- for the sche_:..umg and conduct of the
Project shall be prepared M ±e IHS Project Engine in direct consultrior n with the Tribe and
EPA. The Work Plan will s,e f\ the critical projec:-,A,ork elements to re a accomplished by IHS,
the Tribe, the City and EP-V mad a time schedule for:orcpleting them. 7 no Work Plan may be
modified or amended by the ?-_otect Engineer with the approval of the--:ace and EPA when
necessary to facilitate accoxurshment of the Project
Special Provisions for Proje t -Funding
25 That if the ac_a:.i costs of providing dose eligible facili_es s and services described
ci the Project Summary are ifs:: than the total of S'2 ei6,000, then the c=r_rence will be returned
to EPA on a pro-rata basis. _: on the other hand, at -ay point during d°si-_n. construction or
project closeout the project] r : for the cost of these faiili_es exceeds $-v€, 6.000 then IHS will
notify EPA and the Tribe irr—e=diately No addition-work shall be pe-_'o--rmed bw the IHS
beyond the amount of funds aailable until addition funding has beer 7rcrovided by the parties
and formalized in an Amencecnt to this Agreement 4ri: additional c:Lthrtbution b_y EPA shall
to subject to the availability : * funding and prior approval of EPA.
Final Inspection
26. That representaa- es3 from the Tribe, EPA the City and IHS sart111 conduct a joint final
inspection to certify that all =e-awly constructed sew:a=e facilities are in ..:r-pliance with the
approved plans and specific-it-cons and are installed a accordance with ri_ _ applicable rules and
regulations.
Saecial Provisions for Direct Project Managemen: b- IHS
27 That IHS shy_ __assure tha: all expend: ;res under the Pr'ez:_ are in conformance
c ith and necessary to perfo— me scope of work described in the attacied Project Summary; that
upon conclusion of the Prole-: IHS shall provide to EPA and the Tribt : _ :omprehensive listing
PO-94-690
of all exper_=-_es under the Project, and the Director, Sanitation :_ :ilities Construction for the
Portland -r ra_ _''ice shall confirm in writing the determination t`._ all sucE expenditures were in
conforma-.c_ _h the approved scope of work in the Project
2S. That upon completion of construction, IHS, follow-- _ its nccnal procedures for
final inspec_.._- and evaluation, shall determine that the facilities = e been constructed as
designed anc_ n conformance with the approved scope of work in Projec Summary
29 That during the first year of operation of facilities c=nst acted, IHS shall provide
technical asast__ance to help the Tribe to assure on-going compliance with its operational permits
and design rzrrneters; that as part of its normal warranty inspect=_proceures, IHS shall
conduct a ccr=ehensive inspection of the facilities constructed. shn i provide for warranty
corrections accordance with Paragraph No. 21, and shall provide -recommendations and
technical ass. :_:rice to help the Tribe demonstrate compliance wi-C -s oper-- onal permits and
design parrs.
Transfer arc. . C vnership of Facilities
30 :nat in consideration of the contributions made an_ ace responsibilities assumed
by the Tribe_ _S. upon completion or termination of the Project s±al tranrf:r to the Tribe,
through a T a der Agreement executed by all parties to this Ap rent, aL rights, title, and
interest of E- S En all sewage facilities and equipment constructed --chase.:. installed, and/or
rehabilitates _ flier this Agreement and all subsequent Amendmen
31 That the Tribe agrees to accept transfer of these face-res anc agrees to operate,
maintain an:_ z=-air them as the property of the Tribe, and to keep -gem in effective operating
condition fc-- as long as users are connected to the facilities.
32. That as required by the Clean Water Act, in recognan of the facilities provided
under this F-rc-ect the Tribe shall comply with the following pros-a
a. The Tribe agrees to operate and maintain the faci' pros hied through this
Project in a proper manner while in Tribal owners: contrc: or use. The Tribe
shall obtain EPA approval before sale,transfer or annndomr_ent of any of the
Project facilities.
b. :ne Tribe agrees to comply fully and cooperate vv-_= ne per brmance review
activities being conducted by IHS, ongoing durin_ nee first Tear in service,
hereby the operation and maintenance of the ne-tA __cilities and the overall
aality of the facilities are observed.
PO-94-p90
General Pr-,'tsions
33 That the tees of any required Amendments to this A__reement shall be drafted by
IHS and ne cotiated b. the parties within 30 days of identification of.ne need for an Amendment
by any par--
34 That at the end of the project, IHS shall submit a project completion package to
the parties o- this Agreement_ including a Final Report and complete ±unancial summary to close
out the Projeect. All project files and financial documents shall be re.._atned by IHS in accordance
with audit ,ecautrements of IHS.
35 That this Agreement shall remain in effect at least untL.1 the earlier of the following
dates:
a The date when all terms of this Agreement hat e been met. or
b. December 31, 1997
36. That it after the date specified in Paragraph No. 35, =TIN project elements as
specified m ..ne Project R ork Plan are not completed by the respons cie party(s), then an
Amendmea: shall be negotiated within 30 days between the parties, -.with IHS assuming the lead
role, to de::cce a plan to complete or terminate the Project. An. such _agreement shall include a
provision i:.aa: all project facilities, complete or incomplete, shall bec.=-'me the property of the
Tribe, and Hat all EPA funds not expended or obligated shall be trarn-:ferred immediatels from
the project -,,ccount to EPA on a prorated basis of the EPA cash contr_ -loution to the total project
cost.
37 That any disputes among the parties to this Aarcemea_ shall be handled in
accordance •with IHS's dispute resolution procedure prescribed under _ Section 3.2E of the
Guidelines :;cr the Utilizaton of the Memorandum of Agreement by =trine Indian Health Service
Sanitation._acilities Construction Program.
Concurrence with Project Summary and Memorandum of Agreement
38. That each parry to this Agreement has reviewed and cc:=ncurs with the combined
Project Stzzzmary for P0-94-690 and P0-95-879, upon which this A-_reement is based.
PO-L4-1-690
IN WITNESS TO THE TERMS OF `THIS AGREEMENT, the parties hereto have
subscribed their names:
FOR THE \f _ CKLESHOOT TRIBE.
(
10 � 7�
deot-f-e
Date Ch ' er n\.A kleshoot Tribal Council, having been duly
authorize-f.LL fr rater into this Agreement on behalf of the
Muckleshte�r`ribe. as evidenced by the attached Resolution mnade
by the
FOR TH- C:TY OF AUBURN
9—/s- ?C.
Date Mayor, C_, :r_ Auburn
FOR TIC I :DIAN HEALTH SERVICE.
Date Director. Pcr-:_:and Area Indian Health Service, Department of
Health an.:Fnnan Services
FOR THE EN.7:VIRONMENTAL PROTECTION AGENCY
Date Director. n=7 Division, Region 10,
Environnn. Protection Agency
P0-94-690/95-879
Prepared By
A' ' '
Peter Nachod, Environmental Engineer Date
Seattle District Office
Recommended By
rkiall ft Lam 6-8 _7s
Michael R. Weaver, P.E., DEE, District Engineer Date
Seattle District Office
Approved By
/ /29.
_ _ : 6 I 2R /R5
Richard R. Truitt, P.E., Director Date
Division of Sanitation Facilities Construction
Portland Area Office
Concurred By
AA wAele 741/4r
T R Webster, P.E., Director Date
Office of Environmental Health and Engineenng
Portland Area Office
SSUPPLEMENT AGREEMENT
TO
ssA.ORANDUM OF AGREEMENT
AMONG
7,IHE MUCKLESHOOT TRIBE
OF
THE murricLESHOOT INDIAN RESERVATION
WASHINGTON
AND
THE CITY OF AUBURN
This Agreement is entered into this A31-1-) day of
September, 1995, =eetweer• the Muckleshoot Tribe of the
Muckleshoot Indian = eservaticn, hereinafter referred to as
the "TRIBE" and the -City of Auburn, hereinafter referred to
as "AUBURN"
WHEREAS, the _City Council of Auburn authorized the
Mayor enter into a HAemcrardum of Agreement among the Indian
Health Service, t== BRA, Auburn and Tribe at a special
meeting of the _inty Council on September 13 , 1995,
contingent upon the jexecution of this Agreement; and
WHEREAS, the --pose of this Agreement is to establish
a clear understanding: of the goal of negotiating the finance
section of the Sewa_.e Connection Agreement;
NOW THEREFORE based upon mutual consideration the
parties agree as fc=_nows
Supplemental Agreement
September 13, 1995
Page 1 (legal/agree sa-mt)
1. The TRIBE a=zi AUBURN agree to negotiate a Sewage
Connection Agreement one element of which will be
allocation of costs, both operational and capital In
negotiating this element the parties will allocate costs to
the party that is util_zing or will utilize the capacity.
MUCKLESHOOT TRIBE
VIRGINIA CROSS, Chairperson
MUCKLESHOOT TRIBAL COUNCIL
DATE
APPROVED AS TO FORM
ROBERT L OTSEA, JR
Tribal Attorney
Supplemental Agreement
September 13, 1995
Page 2 (legal/agree sa-mt)
CITY OF AUBURN
f-
CHARLES A BOOTH
Mayor
DATE: 943- `RS-
ATTEST:
Robin Wohlhuaeter,
City Clerk
APPROVF1) AS TO FORM.
jetak jAS -
Michael J. RReynolds,
City Attorneey
Supplemental A reeement
September 13 ;;; 5
Page 3 t:_aL/ rpz- sa-m-)
Ots c►r
CHARLE&A.B00711,MAYOR ff`sti AUBURN CITY CLERK
Robin Wohlhueter,City Clerk I� 25 West Main, Auburn,WA 980171
Dani Daskam, Deputy City Clerk City Clerk:(253)931 3039
Tamie Bothell, Records/License Clerk 'Business Registration:(253)931-3007 Fax:(253)288-3132
'7a 5:e 0 117
hi
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Danielle Daskam, 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. 2671 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2671 "
I certify that said Resolution No 2671 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 13th day of September, 1995
Witness my hand and the seal of the City of Auburn this 20th day of October, 1997
44(42 &i
DaniellaDaskam, City Clerk
CO of Auburn
rd
02�i2/
•
CHARLES A. BOOTH, MAYOR AUBURN CITY ATTORNEY
Michael J. ReyiVld§, Acting City Attorney 25'West Main, Auburn WA 9800P'4998
Judith C. Ausman, Assistant City Attorney Ja i^
Karen C. Gulliver Prosecutor ? .^ (206) 931-3030
•
September 14 , 1995 oi'�l y & 7
Robert L. Otsea, Jr
Muckleshoot Indian Tribe
Office of the Tribal Attorney
39015 172nd Avenue SE
Auburn, WA 98002
Michael R Weaver, P. E
Department of Health & Human Services
Seattle District Office
Indian Health Service
2201 Sixth Avenue, Room 300
Seattle, WA 98121
Re: MEMORANDUM OF AGREEMENT AMONG THE INDIAN
HEALTH SERVICE AND THE ENVIRONMENTAL
PROTECTION AGENCY, THE CITY OF AUBURN
AND THE MUCKLESHOOT TRIBE OF THE MUCKLESHOOT
INDIAN RESERVATION WASHINGTON
RESOLUTION NO. C2'67F SUPPLEMENT TO AGREEMENT
TO MEMORANDUM OF AGREEMENT
Dear Rob and Mike
Based upon telephone conference with Laurie from Mike's
office, they will pick up 5 executed copies of the
above
Please note that all of the above must be read
together, that is the Resolution sets forth facts to
clarify the Memorandum of Agreement and the Supplement
covers a concern the Public Works Committee had.
1
Robert L. Otsea. Jr
Michael R. Weaver
September 14 1995
Page 2
If there is a disagreement with anything in any of the
above please advise before execution
We look forward to working with Rob to work out details
of the Sewer Connection Agreement
Please note that these Agreements and Resolution allow
the connection of existing homes and facilities and 100
additional residential homes This was to address the
Tribes desire for additional housing units for its
members which are of immediate concern
Thank you both for your courtesy and cooperation.
Very truly yours,
MICHAEL J REYNOLDS
City Attorney
MJR: jb
cc: Mayor Charles A Booth
Paul Krauss, Planning Director
Frank Currie, Director Public Works
(legal/sept-95)