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1 V RESOLUTION NO 2 7 9 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 AMENDMENT TO THE MILL CREEK INTERLOCAL AGREEMENT BETWEEN KING
5 COUNTY AND THE CITIES OF AUBURN AND KENT EXTENDING THE
DURATION OF THE INTERLOCAL AGREEMENT ONE YEAR (1) FROM THE
6 DATE OF ADOPTION
7
8 WHEREAS, pursuant to City of Auburn Resolution No 2299
g the City Council authorized execution of the Mill Creek
10 Interlocal Agreement and identified development of a Mill
11
Creek Basin Flood Control Plan as a primary objective of that
12
Agreement ; and
13
14 WHEREAS, the parties agreed to a one-year duration for
15 the 1992 Mill Creek Interlocal Agreement to cover the first
16 phase of work in the overall Mill Creek work program; and
17 WHEREAS, that one-year Mill Creek work program resulted
18
in completion in 1993 of Phase 1 of the Flood Control Plan,
19
20 which is a hydrologic and hydraulic modeling analysis and an
21 outlet benefits study; and
22 WHEREAS, the parties agreed in 1993 to an 18-month
23
extension of the Mill Creek Interlocal Agreement through
24
December 31, 1994 in order to start Phase II of the Flood
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26
Resolution No 2797
January 6, 1997
Page 1
1
Control Plan, which is a Feasibility Analysis of flood control
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alternatives; and
3
4 WHEREAS, City of Auburn Resolution No 2688 , authorized a
5 one-year extension of the Mill Creek Interlocal Agreement
6 through December 4 , 1996 , the major product of Phase II to be
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a Draft Mill Creek Flood Control Plan which identifies a
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preferred flood control project and high priority individual
9
10 project elements; and
11 WHEREAS, Phase II is currently in process and is
12 anticipated to be completed in 1997 ; and
13
WHEREAS, the parties have agreed that it is now pertinent
14
to examine the comprehensive work program for the Mill Creek
15
16 Basin Flood Control Plan and to initiate the next phase of
17 work toward development of that plan; and
18 WHEREAS, Phase III of the Mill Creek Flood Control Plan
19
will begin immediately upon completion of Phase II in 1997;
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and
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22 WHEREAS, pursuant to RCW 39 34 entitled the "Interlocal
23 Cooperation Act, " the parties as local governments are
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Resolution No 2797
January 6, 1997
Page 2
1
authorized to execute agreements to permit them to make the
2
most efficient use of their powers to their mutual advantage
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4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
5 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
6 RESOLVES THAT
7
SECTION _ 1 . The Mayor and City Clerk of the City of
8
Auburn, Washington, are herewith authorized to execute an
9
10 Amendment to the Mill Creek Interlocal Agreement between King
11 County and the City of Auburn and the City of Kent extending
12 the duration of the Interlocal Agreement one (1) year from the
13
date of adoption A copy of said Amendment is attached hereto
14
and denominated as Exhibit "A"
15
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 2797
January 6, 1997
Page 3
1
2 DATED and SIGNED this 21st of January, 1997
3
4 CITY OF AUBURN
5
6
CHARLES A BOOTH
8 MAYOR
ATTEST
9
10
11
12 Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM
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18 ' /4! /
19 Michael J Reynolds,
City Attorney
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Resolution No 2797
January 6, 1997
Page 4
Ring County MAR 2 4 1997
Water and Land Resources Division
Department of Natural tresom t, CITY OF gU8(�pp(,1
-00 htth Avenue.Suite 22uu Ut1 N
Seattle WA 98104 (!TY CLFRke
OFFICE
(206)296-6519
(206)296-0192}'A.\
March 21, 1997
Robin Wohlhueter, City Clerk
Finance Department
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
RE. 1997 Amendment to the 1992 Mill Creek Interlocal Agreement
Dear Ms. Wohlhueter
Enclosed please find an original copy of the above-referenced agreement, to be kept on file at
the City of Auburn.
Please feel free to contact me at 296-8373 if you have any questions.
Sincerely,Al i^
Jim Sussex
Program Coordinator
Green River Basin Program
JS:acJ52
Enclosure
cc: Frank Currie, Director, Department of Public Works, City of Auburn
ATTN Dennis Dowdy, City Engineer
Dwight Holobaugh, Utilities Engineer
Tim Carlaw, Storm Drainage Engineer
Dave Clark, Manager, Rivers Section
ATTN. Andy Levesque, Senior Engineer
Terry Butler, Earth Scientist
ORIGINAL
AMENDMENT TO THE MILL CREEK INTERLOCAL AGREEMENT BETWEEN
KING COUNTY AND THE CITIES OF AUBURN AND KENT EXTENDING THE
DURATION OF THE INTERLOCAL AGREEMENT ONE YEAR FROM THE DATE OF
ADOPTION
This amendment extends the duration of the Mill Creek Interlocal
Agreement, originally adopted on June 30, 1992 by King County
and the Cities of Auburn and Kent (hereinafter referred to as the
PARTIES), by one year The work program and budget associated
with the additional work are set forth in Attachments A and B
hereto All changes to the existing agreement are contained in this
amendment; elements of the original agreement which are not
addressed in this amendment remain as stated in the original
document.
WHEREAS, on June 30 1992 the PARTIES adopted the Mill Creek Interlocal Agreement and
identified development of a Mill Creek Flood Control Plan as a primary objective of that
agreement; and
WHEREAS, the PARTIES agreed to a one-year duration for the 1992 Mill Creek Interlocal
Agreement to cover the first phase of work in the overall Mill Creek work program; and
WHEREAS, that one-year Mill Creek work program resulted in completion in 1993 of Phase I
of the Flood Control Plan, which is a hydrologic and hydraulic modeling analysis and an outlet
benefits study; and
WHEREAS, the PARTIES agreed in 1993 to an 18-month extension of the Mill Creek
Interlocal Agreement through December 31, 1994 in order to start Phase II of the Flood Control
Plan, which is a Feasibility Analysis of flood control alternatives; and
WHEREAS, Phase II is currently in progress and is anticipated to be completed in 1997, and
WHEREAS, the major product of Phase II will be a Draft Mill Creek Flood Control Plan which
identifies a preferred flood control project and high priority individual project elements; and
WHEREAS, Phase II work will include an investigation and report on potential financing
mechanisms and a recommended organizational structure to complete the preparation of the
Flood Control Plan and to implement specific flood control projects and the overall Flood
Control Plan, and
WHEREAS, Phase III of the Mill Creek Flood Control Plan will use the results of Phase II to
conduct environmental review of the Draft Flood Control Plan and revise the Draft to a Final; and
Exhibit "A" - Resolution No 2797
-1- Adopted 1/21/97
WHEREAS, it is desired that the costs of Phase III work and the implementation of specific
flood control projects and the overall Flood Control Plan be borne among the PARTIES
commensurate with the benefits; and
WHEREAS, although the costs to each of the PARTIES for completing Phases I and II have
been and will be shared equally, it is assumed that a non-equal and equitable cost-sharing
arrangement among the PARTIES will be negotiated at the completion of Phase II and before
the initiation of Phase III during 1997; and
WHEREAS, any work subsequent to 1996 toward completion of a Mill Creek Flood Control
Plan and its eventual implementation in this basin cannot be initiated without an extension of the
interlocal agreement or negotiation of a new interlocal agreement to outline a scope of work and
cost-share arrangements; and
WHEREAS, the PARTIES have agreed that it is now pertinent to examine the work program
for the Mill Creek Flood Control Plan and to continue work toward development of that plan, and
WHEREAS, major work products, such as a Draft Mill Creek Flood Control Plan, will be
brought to the Green River Basin Technical Committee for its review during the term of this
interlocal agreement extension.
NOW, THEREFORE, the PARTIES mutually agree to the following amendments to the
interlocal agreement:
Work Program, Budget, and Schedule
The PARTIES approve the work program, budget, and schedule attached as Attachment A hereto
and agree to secure adequate funding to provide an equal one-third share of all necessary Phase II
Mill Creek work, as part of their jurisdiction's annual budget process.
The PARTIES agree, prior to the start of Phase HI, to negotiate an equitable cost-sharing
arrangement to conduct Phase HI work in 1997 based on the results of Phase II.
The PARTIES agree, prior to the start of Phase III, to update the work program, budget, and
schedule (shown as DRAFT in Attachment B) for Phase III work in 1997 to reflect the
negotiated equitable cost-sharing arrangement.
Amendment or Termination
This agreement may be amended, altered, clarified or extended only by the expressed agreement
of all parties to the agreement pursuant to notification of each parties' legislative or executive
branch as required by each signatory to this agreement.
Amendments to this agreement will address work programs, schedules, and budgeting and will be
attached to and incorporated herein as necessary The next amendment to the Interlocal
Exhibit "A" - Resolution No 2797
-2- Adopted 1/21/97
Agreement is anticipated to be negotiated in late 1997 for continuation of work into 1998 and
beyond. All amendments will be reviewed by the Green River Basin Technical Committee prior
to the expiration of the existing agreement.
This agreement may be terminated by any of the PARTIES upon ninety days written notice. In
the event of termination, the PARTIES are each responsible for their one-third share of all costs
incurred up to the effective date of termination.
Duration
The duration of this agreement shall be one year from the amended date of adoption, to expire no
later than December 31, 1997 This duration is effective provided that the annual work programs
and budgets are approved in accordance with Sections 2 and 6 of the original agreement.
Exhibit "A" - Resolution No 2797
-3-
Adopted 1/21/97
Effectiveness
This agreement shall become effective upon signature by all PARTIES to the agreement.
Approved As To Form.
King County Prosecuting Attorney King County Executive
Date: Attest By
- l�\
'Hi k
City Attorney, City of Auburn Mayor, City of Auburn
Date: 1 1 Q IG-1- Attest By
�`— elt / c
City attorney, City of Kent M ir, City of Kent
Date: "/L1 L ' / ttest By
TB:acJ30
96-4
Exhibit "A" - Resolution No 2797
-4- Adopted 1/21/97
"ATTACHMENT A"
MILL CREEK BASIN INTERLOCAL AGREEMENT EXTENSION (JAN 1, 1997-DEC 31,1997)
BUDGET AND WORK PROGRAM, MILL CREEK BASIN FLOOD CONTROL PLAN for
COMPLETION OF PHASE II ONLY
BUDGET ITEM
Staff Salaries and Benefits 41,265
Supervisory and Support Services 11,470
Consulting Services (a) 121,295
Supplies/miscellaneous 7,326
1997 PHASE II TOTAL. $ 181,356
One third of 1997 Phase II Total (b): $ 60,452 apiece
NOTES
(a) Estimated 1997 Phase II consulting costs are detailed below
(b) Phase II costs will be shared by King County and the
Cities of Auburn and Kent($ 60,452) apiece.
WORK PROGRAM ESTIMATED
TASK DESCRIPTION WORK PRODUCTS COST
CONSULTING SERVICES
COMPLETE PHASE II.
- Revise Draft Flood Control -Completed Draft Flood Control Plan No new costs
Alternatives Report
-Approximate modeling of -Determine effectiveness and benefits of 5,575
Alternative E Alternative E
- Investigate and describe financing -Recommended funding mechanism(s) 101,320
options and associated organization and organizational structure for Flood
structures to implement the Flood Control Plan implementation
Control Plan
-Field investigations and survey in - Confirmed elevations of hydraulic 14,400
winter 1997 conditions controls and extent of saturated areas
1997 PHASE II CONSULTING COSTS _ $ 121,295
KING COUNTY STAFF
Salaries and Benefits -Project Management: Flood Control Plan 26,765
-Manage Phase II Consultant Contract
- Participate in Mill Creek SAMP process
- Respond to requests
- Monitor water surface elevations 14,500
STAFF COSTS for 1997 PHASE II. $ 41,265
TB:acJmi42
96-4
Exhibit "A" - Resolution No 2797
Adopted 1/21/97
•"" DRAFT `x*
"ATTACHMENT B"
MILL CREEK BASIN INTERLOCAL AGREEMENT EXTENSION (JAN 1, 1997-DEC 31,1997)
DRAFT BUDGET AND WORK PROGRAM,MILL CREEK BASIN FLOOD CONTROL PLAN for
INITIATION OF PHASE III
•
BUDGET ITEM
Staff Salaries and Benefits 26,530
Supervisory and Support Services 11,470
Consulting Services (a) 105,349
Supplies/miscellaneous 7,326
ESTIMATED 1997 Phase III TOTAL $ 150,910
Cost-share of 1997 Phase III Total (b): to be negotiated
Maximum Grand Total for 1997 (c): $322,266
NOTES.
(a) Estimated 1997 Phase III consulting costs are detailed below
(b)Phase III costs during 1997 will be shared according to a percent breakdown to be negotiated by July 1,
1997, and based on the results of the Phase which II financial analysis.
(c) The maximum Mill Creek budget for 1997 shall not exceed a total of$322,266, is a continuation
budget from previous years. This maximum grand total is a sum of the 1997 Phase II total in
Attachment A ($181,356) and the estimated 1997 Phase III total in Draft Attachment B ($ 150,910).
PROGRAM ESTIMATED
TASK DESCRIPTION WORK PRODUCTS COST
CONSULTING SERVICES
INITIATE PHASE III.
-Environmental Review of -Environmental documents in process 90,349
Draft Flood Control Plan
-Finalize Flood Control Plan -Final Mill Creek Flood Control Plan 15,000
1997 PHASE III ESTIMATED
CONSULTING COSTS $ 105,349
KING COUNTY STAFF
Salaries and Benefits -Project Management: Flood Control Plan
- Manage Phase III Consultant Contract
-Participate m Mill Creek SAMP process
-Respond to requests
STAFF COSTS for 1997 PHASE III. $ 26,765
TB:acJ43
96-4
Exhibit "A" - Resolution No. 2797
Adopted 1/21/97
CHART FS A. BOOTH. AMOR �, �t? a';� .. ,,.. AUBURN CITY CLERK
`tpz, " "' ° West Main, Auburn,WA 95001
Rohm Wohlhueler,Cm,Clerk r�4s`+€'-
Dam Daskam,Deputy Citl,Clerk o� > +As. City Clerk.(206)931 3039
Tamie Bothell, Records/License Clerk — /Business Registration:(206)931 3007 Fax (206)931 3053
h7nW�
January 22, 1997
Mr Bill Wolinski, Environmental
Engineering Supervisor
City of Kent
Public Works Department
220 Fourth Avenue South
Kent, WA 98032
Re: Mill Creek Interlocal Agreement Extension
Dear Mr Wolinski:
The City of Auburn adopted Resolution No. 2797 at its January 21, 1997 regular meeting
authorizing an Amendment to the Mill Creek Interlocal Agreement between King County and the
cities of Auburn and Kent originally adopted on June 30, 1992.
The amendment extends the duration of the Interlocal Agreement to expire no later than
December 31 1997 Enclosed are three originals identified as Amendment to the Mill Creek
Interlocal Agreement Between King County and the Cities of Auburn and Kent Extending The
Duration Of the Interlocal Agreement One Year From the Date of Adoption
It is our understanding the City of Kent will transmit three original Amendment Agreements to Jim
Sussex, King County Water and Land Resource Division, 700 5th Avenue, Suite 2200 Seattle,
WA 98104 once they have been signed by the City of Kent By way of this letter a copy of
Auburn's Resolution No. 2797 is transmitted to Jim Sussex.
Should you have any questions or comments please call Jim Sussex, King County Water and
Land Resource Division, at 296-8373.
Sincerely,
Charles A. Booth
Mayor
cc: Mr Jim Sussex
King County Water
and Land Resource Division
700 5th Avenue, Suite 2200
Seattle, Wa 98104
Dwight Holobaugh, Utilities Engineer
CITY OF AUBURN
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No 2797
Date: 1/8/97
Department: Attachments: Budget Impact:
Public Works Agreement $107,422.00
Administrative Recommendation:
Introduce and approve Resolution No. 2797
Background Summary
Resolution No. 2797 authorizes the Mayor and City Clerk to execute an amendment to the Mill
Creek Interlocal Agreement between King Count and the cities of Auburn and Kent extending the
duration for one year from the date of adoption.
This is funded by the Sanitary Storm Utility The City of Auburn cost share is the same in 1997
as is was in 1996. 1
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W0121-5 PW/C a c% [ L 11)
v ti Reviewed by Council Committees & Commissions. Reviewed by Departments & Divisia V
-- Arts Commission COUNCIL COMMITTEES. __ Airport -- M80
_ Hearing Examin. _ Finance _ Building _ Mayor
_ Human Resources Municipal Services __ Cemetery __ Parks
_ Library Board _ Planning 8 CD __ Finance -- Personnel
-- Park Board Public Works Fire _ Planning
-- Planning Comm. Legal Police
Other -, Library Public Works
Approved _ Call for Hearing _/_/_ Referred to Until _/_/_
Committee Approval Yes No Tabled Until / /
Councilmember Wagner Staff: Currie
Meeting Date: 1/13/97 Item Number Page: 1
(MY op
CHARLES A.BOOTH;MAYOR I"1 AUBURN CITY CLERK
Robin Wohlhueter,City Clerk �`� 25 West Main, Auburn,WA 98001
Dam Daskam,Deputy City Clerk 1V l;i i l City Clerk:(2036)931 3039
Tame Bothell, Records/License Clerk Business Registration:(206)931-3007 Fax:(206)931-3053
)Itl0,
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 2797 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2797 "
I certify that said Resolution No. 2797 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 21st day of January, 1997
Witness'my^'hand and the seal of the City of Auburn this 26th day of March, 1997
Robin Wohlhueter
City Clerk
City of Auburn