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1 RESOLUTION NO 2 7 7 7
2
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
g REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS
10 Section 1. The Mayor and City Clerk of the City of
11
Auburn are hereby authorized to execute an Inter-Governmental
12
Agreement between the MUCKLESHOOT INDIAN TRIBE and the CITY OF
13
14 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 section 2 . The Mayor is hereby authorized to implement
21 such administrative procedures as may be necessary to carry
22 out the directives of this legislation
23
24
25
26
Resolution No 2777
September 11, 1996
Page 1
1 DATED and SIGNED this 16th day of September, 1996
2
3 CITY OF AUBURN
4
5 (� (�✓
6 CVkar6 )
7
CHARLES A BOOTH
8 MAYOR
9
ATTEST
10
11
12 4fitnikertek/C—Y 6 ;Y
13 Robin Woheter,
City Clerk
14
15
16
APPROVED AS TO FORM
17
18
19 ( I
20 Michael J Reynolds,
City Attorney
21
22
23
24
25
26
Resolution No 2777
September 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. Goals and Objectives
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
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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 Auburn agree to form a Policy Committee to be comprised of elected
officials, or their designated representatives, of the parties. MIT and Auburn agree that
the 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 be formed and hold its first meeting within forty-five
(45) days of the date of the 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 of 6
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 be 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. If a 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
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Section 3 Dispute Resolution
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 Provisions
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 be 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 /lay of — , 1996
• V
7 ': :
Mayor airpr son
City of Auburn Muckl shoot Indian Tribe
A I proved as to Form.
I IS
Resolution No 2777 - September
16, 1996
6 of 6
CHARLES A.BOOTH,MAYOR (/ L�•'� AUBURN CITY CLERK
Robin Wohlhueter,City Clerk f 25 West Main, Auburn,WA 98001
Dam Daskam,Deputy City Clerk \\ / City Clerk:(206)931-3039
Tame Bothell,Records/License Clerk }Business Registration:(206)931-30W Fax:(206)931-3053
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 2777 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO "
I certify that said Resolution No. 2777 was duly passed by the Council and
approved by the Mayor of the said City of Auburn, on the 16th day of September, 1996
Witness my hand and the seal of the City of Auburn this 30th day of October, 1996
Robin Wohlhueter
City Clerk
City of Auburn
si. MUCKI.ESII®®T INDIAN TRIBE i
INDIA OFFICE OF THE TRIBAL ATTORNEY q% _
$ ! 39015 172nd Avenue S.E. • Auburn, Washington 98092-9763
Phone: (206) 939-3311 • FAX. (206) 939-5311 , I
September 20, 1996
Michael J Reynolds 2 5 ;:,
City Attorney Ti ,
City of Auburn =4'l
25 West Main
Auburn, WA 98001
Dear Mike,
Enclosed is th original fully executed Inter-Governmental Agreement Between the
Muckleshoot Indian Tribe and the City of Auburn. I believe that it would be worthwhile to have
two fully executed originals, one for the Tribe and one for the City Please send another original
exeucted by the Mayor for the Tribe's records.
Thank you for your assistance in this matter
Sincerely,
Robert L. Otsea, Jr
Enc.
9/.30/9.5 cc: Mayor Bootle
City Clerk
CHARLES. A BOOTH, y MAYOR .yu�;,` AUBURN CITY ATTORNEY
Michael J Reynolds,City Attorney
r ' � 25 West Main, Auburn,WA 98001
Kano C Auaman,Asszclant City Attorney n Civil.(206)804-3108 Criminal:(206)931-3030
Karco C.Gulliver,Prosecutor ,n
James s oiremsky Proseemor ,-a'.` Fax:(206)931-3053
`^as
hen"''
September 30, 1996
Robert L Otsea, Jr
Muckleshoot Indian Tribe
Office of the Tribal Attorney
39015 172nd Avenue SE
Auburn, WA 98002
RE INTER—GOVERNMENTAL AGREEMENT (REFERRED TO AS
"FRAMEWORK AGREEMENT") BETWEEN MUCKLESHOOT
INDIAN TRIBE AND CITY OF AUBURN
Dear Rob
Pursuant to your letter dated September 20, 1996,
enclosed for your records is an original executed by
Mayor Booth If you have any questions, please give me
a call
Very truly yours,
r
1
MICHAEL J REYNOLDS
City Attorney
MJR jb
Enclosure
cc Mayor Charles A Booth
SEP3019%
CITY OF AUBURN
CITY CLERKS OFFICE
CITY OF AUBURN LEGAL DEPARTMENT
MEMO
TO Robin Wohlhueter, September 30 , 1996
City Clerk
FROM Michael J Reynolds,
City Attorney
RE INTER-GOVERNMENTAL AGREEMENT-RESOLUTION 2777
For your official records, enclosed is the original and
3 copies of the above Agreement
a
MICHAEL J REYNOLDS,
City Attorney
MJR jb
Enclosure
cc Mayor Chuck Booth
Iiiik evic kJ tkiLL--
CITY OF AUBURN mu � /96
AGENDA BILL APPROVAL. FORM
Agenda Subject:
Inter-governmental Agreement Between the Muckleshoot Date August 19, 1996
Indian Tribe and the City of Auburn
Department: Attachments I Budget Impact:
Public Works Inter-Governmental Agreement 1
Administrative Recommendation:
City Council to approve the Inter-Governmental Agreement between the Muckleshoot Indian Tribe
and the City of Auburn, and instruct the City Attorney to prepare the necessary Resolution.
Background Summary
This Agreement provides framework which creates a structured process which will be used by
both the Muckleshoot Indian Tribe and City of Auburn for future issues.
11 () n
f
File: A5.2.2
\C`
Reviewed by Council Committees & Commissions Reviewed by Departments & Divisions
— Arts Commission COUNCIL COMMITTEES. — Airport —
M&O
— Hearing Examin. _ Finance — Building — Mayor
_ Human Resources Municipal Services _ Cemetery _ Parks
_ Library Board _ Planning & CD _ Finance _ Personnel
—
Park Board Public Works Fire _ Planning
_ Planning Comm. Legal _ Police
Other > Library Public Works
Approved Call or Hearing _/_/_ Referred to Until _/_/_
Committee Approval Yes No Tabled Until / /
Councilmember Rich Wagner Staff Frank Currie
Meeting Date: August 19, 1996 Item Number VI.A. Page: 1