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1 RESOLUTION NO. 2 9 0 0
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
COUNTY AND THE CITIES OF AUBURN AND KENT EXTENDING THE
5 DURATION OF THE INTERLOCAL AGREEMENT FROM JANUARY 1, 1998 TO
DECEMBER 31, 1998
6
WHEREAS, pursuant to City of Auburn Resolution No 2299
7
8 the City Council authorized execution of the Mill Creek
9 Interlocal Agreement and identified development of a Mill
10 Creek Basin Flood Control Plan as a primary objective of that
11 Agreement; and
12 WHEREAS, the parties agreed to a one-year duration for
13 the 1992 Mill Creek Interlocal Agreement to cover the first
14 phase of work in the overall Mill Creek work program; and
15 WHEREAS, that one-year Mill Creek work program resulted
16 in completion in 1993 of Phase I of the Flood Control Plan,
17 which is a hydrologic and hydraulic modeling analysis and an
15 outlet benefits study; and
19 WHEREAS, the parties agreed in 1993 to an 18-month
20 extension of the Mill Creek Interlocal Agreement through
21 December 31, 1994 in order to start Phase II of the Flood
22 Control Plan - a Feasibility Analysis of flood control
23 alternatives, the major product of which is a Draft Mill Creek
24
25
26
Resolution No 2900
January 14, 1998
Page 1
1 Flood Control Plan which identifies a preferred flood control
2 project and high priority individual project elements; and
3 WHEREAS, Phase II is currently in process and is
4 anticipated to be completed in 1998 ; and
5 WHEREAS, Phase II work will include an investigation and
6 report on potential financing mechanisms and a recommended
7 organizational structure to complete the preparation of the
8 Flood Control Plan and to implement specific flood control
9 projects and the overall Flood Control Plan; and
10 WHEREAS, Phase III of the Mill Creek Flood Control Plan
11 will use the results of Phase II to conduct environmental
12 review of the Draft Flood Control Plan and revise the Draft to
13 a Final ; and
14 WHEREAS, although the costs of each of the parties for
15 completing Phase I and II have been and will be shared
16 equally, it is assumed that a non-equal and equitable cost-
17 sharing arrangement among any responsible parties will be
18 negotiated at the completion of this Amendment to the Mill
19 Creek Interlocal Agreement; and
20 WHEREAS, the parties have agreed that it is now pertinent
21
to examine the work program for the Mill Creek Flood Control
22 Plan and to work toward development of that plan; and
23 WHEREAS, major work products, such as a Draft Mill Creek
24 Flood Control Plan, will be brought to the Green River Basin
25
26
Resolution No 2900
January 14, 1998
Page 2
1 Technical Committee for its review during the term of this
2 interlocal agreement extension; and
3 WHEREAS, King County is hereby advised that Auburn is
4 frustrated and dissatisfied with the progress of the project;
5 and
6 WHEREAS, to clarify and advise King County that without
7 better progress, Auburn must question its continuing support
8 of the Mill Creek Flood Control Plan; and
9 WHEREAS, pursuant to RCW 39 34 entitled the "Interlocal
10 Cooperation Act , " the parties as local governments are
11 authorized to execute agreements to permit them to make the
12 most efficient use of their powers to their mutual advantage
13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
14 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
15 RESOLVES THAT
16 SECTION 1 . The Mayor and City Clerk of the City of
17
Auburn, Washington, are herewith authorized to execute an
18
Amendment to the Mill Creek Interlocal Agreement between King
19
County and the City of Auburn and the City of Kent extending
20
the duration of the Interlocal Agreement from January 1, 1998
21
to December 31, 1998 A copy of said Amendment is attached
22
hereto and denominated as Exhibit A"
23
24
25
26
Resolution No 2900
January 19, 1998
Page 3
1 SECTION 2 . The Mayor is hereby authorized to implement
2
such administrative procedures as may be necessary to carry
3
out the directives of this legislation
4
DATED and SIGNED this 20th of January 1998
5
6
CITY OF AUBURN
7
8 Q 2e
9 CHARLES A BOOTH
MAYOR
10
11
12 ATTEST
13
14 4212,24 a76.1-4/44-1
15 Danielle E Daskam,
City Clerk
16
17
18 APPROVED AS TO FORM
19 / `�
Y
21 ' Michael J Reynolds,
City Attorney
22
23
24
25
26
Resolution No 2900
January 14, 1998
Page 4
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 pnmary 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 - a Feasibility Analysis of flood control alternatives, the major product of which is a Draft
Mill Creek Flood Control Plan which identifies a preferred flood control project and high pnonty
individual project elements; and
WHEREAS Phase II is currently in progress and is anticipated to be completed in 1998, and
WHEREAS Phase II work will also 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
Exhibit "A"
Resolution No 2900
-1-
� h� �-9OO
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
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 1998 for Phase III work, and
WHEREAS it is desired that the costs of Phase III work in 1998, be borne among the
PARTIES commensurate with the benefits and
WHEREAS, any work subsequent to 1997 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 finding 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 III, to negotiate an equitable cost-sharing
arrangement to conduct Phase IlI work in 1998 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 1998 to reflect the
negotiated equitable cost-sharing arrangement.
-2-
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
Agreement is anticipated to be negotiated during 1993 for continuation of work into 1999 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 wntten 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, 1993. 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.
-3-
Counterparts
This amendment may be executed separately in counterparts.
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
0_1(54t... 1-"Lc..) e
City Attorney, City of Auburn Mayor, City of Auburn
Date: ' \ 1�I 6k. C) Attest By
ka.D.,/ LaDiab-n47
ecc
City Attorney, City of Kent Mayor, City of Kent
Date: Attest By
-4-
Counterparts
This amendment may be executed separately in counterparts.
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
City Attorney, City of Auburn Mayor, City of Auburn
Date: Attest By
XUA__ 4 Le L a it
City Attorney, City of Kent n.SS'T I or, City of Kent
Date: 3 /tO /'3 Attest By 4 411 0 -et
-4-
Counterparts
This amendment may be executed separately in counterparts.
Effectiveness
This agreement shall become effective upon signature by all PARTIES to the agreement.
Approved As To Form.
W/444 eia-A144W1
King County Prosecuting Attorney King County Executive
Date: Attest By
City Attorney, City of Auburn Mayor, City of Auburn
Date: Attest By
City Attorney, City of Kent Mayor, City of Kent
Date: Attest By
-4-
"ATTACHMENT A"
MILL CREEK BASIN INTERLOCAL AGREEMENT EXTENSION(JAN 1, 1998-DEC 31.1998)
BUDGET AND WORK PROGRAM, MILL CREEK BASIN FLOOD CONTROL PLAN for
COMPLETION OF PHASE II ONLY
BUDGET ITEM
Consulting Services (a) -$80,000
Staff Salaries and Benefits (a) - 33 000
Supervisory and Support Services -- 12,000
Supplies/miscellaneous - 7,000
1997 PHASE II TOTAL. -$132,000
One third of 1997 Phase II Total (b)• - $44,000 apiece
NOTES
(a) Estimated 1998 Phase II consulting costs and staff salaries and benefits are detailed below
(b) Phase II costs will be shared by King County and the
Cities of Auburn and Kent(-$44,000) apiece.
WORK PROGRAM ESTIMATED
TASK DESCRIPTION WORK PRODUCTS COST
CONSULTING SERVICES
COMPLETE PHASE II.
• Report Finalizaton • Incorporate final comments and 22,000
produce final reports
• Reevaluate Flood Control Plan • Revised budget spreadsheet for full -4,000
Costs plan
• Estimate Phase III Costs • Identify potential costs of -2,000
environmental review and final plan
• Complete investigation and • Recommended funding -52,000
description of financing options mechanism(s) and organizational
and associated organizational structure for Flood Control Plan
structures to implement the implementation
Flood Control Plan
1998 PHASE II CONSULTING COSTS. - $80,000
KING COUNTY STAFF
• Salaries and Benefits • Project Mgmt. Flood Control Plan - 30,000
• Manage Phase II Consultant Contract
• Respond to requests
• Monitor water surface elevations - 3.000
STAFF COSTS for 1998 PHASE II - $33,000
"ATTACHMENT B"
MILL CREEK BASIN INTERLOCAL AGREEMENT EXTENSION(JUL 1, 1998-DEC 31,1998)
DRAFT BUDGET AND WORK PROGRAM, MILL CREEK BASIN FLOOD CONTROL PLAN for
INITIATION OF PHASE III
BUDGET ITEM
Consulting Services (a) - 105,000
Staff Salaries and Benefits (a) - 27,000
Supervisory and Support Services - 12,000
Supplies/miscellaneous - 7,000
ESTIMATED 1998 Phase III TOTAL - $151,000
Cost-share of 1998 Phase III Total to be negotiated
(b):
Maximum Grand Total for 1998 (c): -$283,000
NOTES
(a) Estimated 1998 Phase III consulting costs and staff salaries and benefits are detailed below
(b) Phase III costs during 1998 will be shared according to a percent breakdown to be negotiated by July
1 1998, and based on the results of the Phase which II financial analysis.
(c) The maximum Mill Creek budget for 1998 shall not exceed a total of - $283 000 and is a
continuation budget from previous years This maximum grand total is the sum of the 1998 Phase II
total in Attachment A(-- $132,000) and the estimated 1998 Phase III total in Draft Attachment B
(-$151,000).
PROGRAM ESTIMATED
TASK DESCRIPTION WORK PRODUCTS COST
CONSULTING SERVICES
INITIATE PHASE III.
• Environmental Review of Draft • Environmental documents in process - 90,000
Flood Control Plan
• Finalize Flood Control Plan • Final Mill Creek Flood Control Plan - 15,000
1998 PHASE III ESTIMATED
CONSULTING COSTS - $105,000
KING COUNTY STAFF
• Salaries and Benefits • Project Mgmt. Flood Control Plan
• Manage Phase III Consultant
Contract
• Respond to requests
STAFF COSTS for 1998 PHASE III. -- $27,000
.=G�CYop��,,�
OFFICE OF THE MAYOR ( 1 �}� CITY ADMINISTRATION
Charles A. Booth, Mayor
1k I 25 West Main, Auburn, WA 98001 lir .2 (253)931-3041 Fax: (253)288-3132
February 2, 1998
Ms. Betsy Adamson
Senior Water Quality Engineer
Land Resource Division of King County
700 — 5th Avenue, Ste 2200
Seattle, WA 98104
Dear Ms. Adamson.
On January 20, 1998, the Auburn City Council adopted Resolution No. 2900
authorizing the execution of an amendment to the Mill Creek Interlocal
Agreement between King County and the cities of Auburn and Kent extending
the duration of the Interlocal Agreement. Please be advised that the Auburn City
Council was reluctant to extend the Interlocal Agreement without evidence of
substantial progress on the project. The Council ultimately approved extending
the duration of the Interlocal Agreement from January 1, 1998 to December 31,
1998
Enclosed you will find a copy of Resolution No 2900 and three originals of the
Amendment. Please return a fully executed copy of the Amendment to the Mill
Creek Interlocal Agreement to the Auburn City Clerk, 25 West Main Street,
Auburn, WA, 98001
Thank you for your assistance. If you have any questions, please contact City
Engineer Dennis Dowdy at (253)931-3023
Sincerely,
(1-6,1%5 a 6 is
Charles A. Booth
Mayor
CAB•dd
Encs
File: Al 3
F\clerk\contlRES2900
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CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK
Danielle Daskam,City Clerk y� 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk l l City Clerk:(253)931-3039
Tamie Bothell, Records/License Clerk - ` Business Registration:(253)931-3007 Fax:(253)288-3132
•Sh it 1r
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 2900 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2900 "
I certify that said Resolution No 2900 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 20th day of January, 1998
Witness my hand and the seal of the City of Auburn this 29th day of May, 1998
Aanielle Daskam, City Clerk
City of Auburn