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HomeMy WebLinkAbout2777 (2) s JJ 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 I 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 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 9J0 p 9661 '91 aagwa;deg - LLLZ oN uogniosaa •1oa33a put aoao3 ou ansr/ sings put `sapand aql uodn 2urpuTq-uou are `,Cleo Xaosrnpr 0113 aauiu uop "coilod 041 Xq padolanap sluawaaa2e gsap •sonssi ogioads uo sluawaaa8e Aue Jo uangny pus IBA! 6q uogdope Ieuuo' pun `liounoJ ,C1[j uangny am put Iiounoj Isgu.L .LIYq aq; Xq suoTlas lions 2urpuad -uoiloe pus mainaa 1!041.10; lraunoJ klto urngny aq1 put pounoI ingu.L INN am 01 paPTUZgns aq limp •snsuasuon 2urgara1 11101J 3011immOo Xogod alp 2ui4uanad saauew sr aal4Tmmo3 ,fagod am Xq pagiluapi aar Inr/l luawaaa2n mew e ui4l?m sanssr Urnllaa 10 `sans! agioads uo sluawaa/2n Burp paslna.r ao/pun ieuiSuo `lsnI slno0o /anal/argm `sandxa popad mainaa Xep /Clamp 041 ao aallTunuoJ AoHod a44 Xq pagora sr luamaaAr gnap u uo snsuasuoa 3i MOIA011oj Iua111a3l2s pasodoad s slrwgns aa111wwoj inaiugoa j am amp am w01J luamaal2s pasodoid r ssnasrp put Mahal o1 stir') (06) Aouiu aver/ Hugs aauruiuoj nogod 041 •UOilnaap1SUOO 511 ao3 aaulwmop Xallod 041 01 pauiwgns aq hugs aa3lrmmoj pop/goal e Xq padolanap sanssl aglaads &nwoauoa sluawaa$n gn1Q s;uawaaity pasodo.zd 3o ma!nag 6'Z •aanTUUUoo Xagog am o1 anssr ograads n 2uTuaaauoa luamaa2n gulp pasodoad r lrmgns osir Arm aallrmwoj pop/goal y •aallrumlop Xallod aq1 Xq uoilnaapisuoa pun •01 uorssrmgns.ro3 •suouupuammooal pun s2utpug upnluoo ppnogs 4014m `anss! 041 uo podai r amdaid Hugs aauiwwo3 Ieaiu4Oa1 041 anssi 04101 aleiadoidde sNsul luenaia1 .raglo pun luallXleuu `uoiloailoa ulep `Lpn1s 0411aa11p hells weld¶i1om 041 •palsu2Tsap anssi a41 uo uorssnosrp 2uinuiluoa.roj iCmssaaau srsnq ienIan3 am 2urdoianap asrmzar/lo 10/pus `sarpn;s isorugaal •401sasal punoa2Narq 2uiuuojaad `uognuuojui 2uuag1e2 uodn snao3 hugs unid 3110m'aq j •aamuntioo Aogod aqi Xq panoadde pue pamain01 aq i1 4s.got4m •ninuuoj 2uungs moo pun ainpagos `ueid 3I./Om n doianap ilegs aawunuoj 1naru4001 041 `110330 XpnTs ao ISM n 01 pau2isse put panoaddn aauo nrz •saafTUnuoJ 1sa!trgaaI am ur alsdrorlred of pautsss s.ragmaw aallrwwo3 Xagod Xq palrega-oa JO palrr40 aq [lrgs scan urmoj irarugaa j `paal2e asrnvar/lo ssaiUn •aallimmo3 inapt/30i n uo uoileluasaadaa lsnba ave4 Iisr/s umgny pun 'HAI 'uangny pun.LILAI woa3 aagwaw °a11!Uuurop Xagod auo Isnai 1n °pnioui Bugs aalumm0J 1e01u4001 y anss! paloai0s e 012uluinm.Tad sluawoaa2n geip 2u1gona1 ao/pue `8uileilo2au `Suidoianap3o asodlnd 041 Jo3 aauTUnUOJ isamUgaa" n uT alndroglnd o1 `iasUnoa ie2al 10/pus `slungnsuo0 `33ris aleudolddn put `saagmam aal4Tmmo3 Xagod a;eu2Tsap AMU 5.7113-00 aallrmmoJ Xogod aqs T'8'Z saa;;iwwoj ira►n iaaJ ao; saanpaaold 87 -aouelsrsse 2uTgnlp luawaaa2n 1o/pun •suounpuaunuooai Xogod `laoddns isamUgaa) alsudoaddr ap!Aold o1 aaprunuoj ieorugaal n uuo3 ilrgs aamunuo3 Xagod am `padolanap aq uno luamaaa2r grip r aojaq srsXinur ao/pun •Xpn4s irarugaal `uorluuuo/ur aaq/rn3 sannbaa sapioap aamunuo3 Xagod 044 4211 aalliunuo3 Xogod alp Xq paloaias si anssi un3I 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