HomeMy WebLinkAbout02-04-2013 PUBLIC WORKS COMMITTEE AGENDA
Public Works Committee
February 4, 2013 - 3:30 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. Approval of Minutes*
B. Right-of-Way Use Permit No. 13-01* (Mund)
Approve Right-of-Way Use Permit No. 13-01 for Auburn Parks, Arts, and
Recreation Department's Annual Petpalooza Dog Trot Fun Run
C. Public Works Project No. CP1112* (Wickstrom)
Approve Final Pay Estimate No. 4 to Contract No. 12-09 in the Amount of
$10,764.69 and Accept Construction of Project No. CP1112, 2011/2012 Sidewalk
Repair Project
III.RESOLUTIONS
A. Resolution No. 4903* (Vondrak)
A Resolution of the City Council of the City of Auburn, Washington, Authorizing the
Mayor to Accept a Federal Grant to be Administered through the Washington State
Department of Transportation for the South 277th Street Corridor Capacity and
Non-Motorized Trail Improvement Project
IV.DISCUSSION ITEMS
A. Ordinance No. 6451* (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington, Relating to the
Combined Utility Systems of the City; Providing the Issuance of One or More
Series of Utility System Revenue Bonds of the City
B. King County Solid Waste Interlocal Agreement* (Coleman)
C. SCADA System Overview (Repp/Hunter)
D. Ordinance No. 6428* (Dowdy)
An Ordinance of the City Council of the City of Auburn, Washington, Amending
Sections 2.75.040 and 2.75.060 of the Auburn City Code Relating to the Director of
Emergency Management
E. Capital Project Status Report* (Gaub)
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F. Action Tracking Matrix* (Dowdy)
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Approval of Minutes
Date:
January 28, 2013
Department:
Public Works
Attachments:
January 22, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee to approve the minutes of the January 22, 2013 Public Works
Committee meeting.
Background Summary:
See attached draft minutes.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:
Meeting Date:February 4, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 177
Public Works Committee
January 22, 2013 - 3:30 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chairman Rich Wagner called the meeting to order at 3:30 p.m. in
Conference Room #2, located on the second floor of Auburn City Hall, One
East Main Street, Auburn, Washington.
A. Roll Call
Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were
present. Also present during the meeting were: Mayor Pete B. Lewis,
Public Works Director Dennis Dowdy, City Engineer/Assistant Director
Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer
Dan Repp, Transportation Manager Pablo Para, Project Engineer Kim
Truong, Water Engineer Cynthia Lamothe, Civil Engineer Joel
Chalmers, Storm Drainage Engineer Tim Carlaw, Assistant City
Attorney Steven Gross, Finance Director Shelley Coleman, Financial
Planning Manager Martin Chaw, Customer Service Manager Brenda
Goodson-Moore, Principal Planner Jeff Dixon and Public Works
Secretary Jennifer Cusmir. Members of the public in attendance
included: Scott Pondlick.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Approval of Minutes
Councilmember Peloza moved and Councilmember
Osborne seconded to approve the minutes of the January 7, 2013
Public Works Committee Meeting.
Motion Carried Unanimously. 3-0.
B. Public Works Project No. CP1207 (Truong)
Councilmember Peloza moved and Councilmember
Osborne seconded to approve initiation of Project No. CP1207 D Page 1 of 15
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Street Utility Improvements.
Chairman Wagner asked if the project is related to the RPG
development east of the project location. Assistant Director/City
Engineer Selle stated that there is expected to be some secondary
benefit to the development from the project but it is not specifically for
the development.
Chairman Wagner asked if any of the project design was done based
on any of RPG’s project scenarios. Assistant Director/City Engineer
Selle answered that any of the developer’s scenarios will be using the
D Street corridor for both access and utilities.
Vice-Chair Peloza asked if the project was planned prior to the
initiation of the RPG development. Assistant Director/City Engineer
Selle stated the improvements are needed improvements identified in
the Comprehensive Plan.
Member Osborne asked if the improvements will be adequate to
support development, since the Comprehensive Plan was written
several years ago. Assistant Director/City Engineer Selle explained
that the Comprehensive Plan improvements were used to set the
conditions for the RPG development.
Motion Carried Unanimously. 3-0.
C. Public Works Project No. CP1116 (Truong)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council approve Final Pay
Estimate No. 8 to Contract No. 11-20 and accept construction of
Project No. CP1116 Downtown Pedestrian Lighting.
Chairman Wagner asked about the plan for data collection from the
downtown lighting project to help in making decisions on the future use
of LED lights around the City. Assistant Director/City Engineer Selle
answered that staff has cost information associated with the downtown
lights which from a new installation standpoint provides some
information. The downtown lighting is a special application with lights
closely spaced, unlike other applications around the City so staff and
the Committee need to continue to assess the feasibility of LED lights
for new installations or for retrofitting existing lights, which could
potentially be more cost effective.
Assistant Director/City Engineer Selle reported that in December 2012,
PSE did come out with a new schedule that does recognize the use of
LEDs in PSE lights and staff will be evaluating what those impacts
are.
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Assistant Director/City Engineer Selle also explained that from this
project we have learned about LED technology for this specific type of
application, but in terms of applying the technology in other areas of
the City, the downtown is a special application in terms of light spacing
and light height, which are different than the spacing and heights used
typically across the City. Staff is also reviewing the lighting standards
of other agencies and sharing information.
Chairman Wagner spoke about the intensity of the lights and asked if
there was any data that could be collected in the downtown
area. Assistant Director/City Engineer Selle stated there may be some
data that could be collected such as lighting levels during various
times of day and community feedback. Assistant Director/City
Engineer Selle pointed out that LED lights typically are less bright
when spaced further apart than they are downtown.
Chairman Wagner stated that he would like more data collected
regarding the “human factor” from the community and
citizens. Chairman Wagner asked staff to develop a plan on how to
collect information about how the public views the lights.
Project Engineer Truong stated that the cost of the downtown lights is
within the costs estimated by staff, in response to a question asked by
Chairman Wagner. Chairman Wagner asked if the cost would be the
same for other installations in other areas. Assistant Director/City
Engineer Selle noted that a comparison would be difficult due to the
unique design of the downtown installation. Assistant Director/City
Engineer Selle stated that staff has been spending effort to determine
which technology would be able to be applied in other areas in the
City.
Director Dowdy noted that the research PSE is doing on upgrading to
LED lights will provide the City with data regarding the use of LEDs on
poles spaced further apart and that are higher up than n the downtown
lights.
Chairman Wagner spoke about the cost payback on energy projects.
Member Osborne asked if there will be a cost analysis done,
comparing the new energy cost with the previous cost. Assistant
Director/City Engineer Selle stated that the historical data can be
collected.
Assistant Director/City Engineer Selle answered questions asked by
Vice-Chair Peloza regarding the warranty on the lights. Vice-Chair
Peloza noted one of the lights may be in need of repair. Project
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Engineer Truong stated there were two lights that were being repaired
as part of the warranty.
Motion Carried Unanimously. 3-0.
D. Public Works Project No. EM0902 (Truong)
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council approve Final Pay
Estimate No. 5 to Contract No. 12-14 and accept construction of
Project No. CP1116.
Director Dowdy answered questions asked by Vice-Chair Peloza
regarding the project’s budget. Director Dowdy stated that the
opportunity funds are funds allocated to Auburn within the Flood
Control District’s budget. Director Dowdy stated that balance of the
funds paid by the Flood Control District will go back to the District.
Motion Carried Unanimously. 3-0.
III. RESOLUTIONS
A. Resolution No. 4898 (Para)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and City Clerk to Execute an Interlocal
Agreement with King County for the Purpose of Providing Road
Services
Councilmember Peloza moved and Councilmember
Osborne seconded to recommend City Council adopt Resolution No.
4898, as amended.
Transportation Manager Para presented the interlocal agreement with
King County, with the amendments recommended by the Committee
at a previous meeting. Para noted that the budget numbers
requested by the Committee are included in the Resolution’s agenda
bill. Para pointed that the amount budgeted is not what the City is
required to spend on the general services.
Transportation Manager Para explained that the cost for the project
will be incurred per each task order. Task orders and requests for
services will be submitted to the county and an estimate will be
provided to the City, which must be authorized by the City prior to work
beginning. There will be a specific scope and cost estimate for each
service requested under the general contract.
Chairman Wagner asked if the $200,000.00 amount includes
pavement marking in both Pierce and King Counties. Transportation
Manager Para confirmed that both counties are included.
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Transportation Manager Para answered questions asked by Chairman
Wagner regarding the amount budgeted for striping last year versus
the current year.
Assistant City Engineer Gaub stated that the storm pond cleaning
project, that may potentially be included in the agreement, was
advertised for bids twice in 2012, in response to a question asked by
Chairman Wagner. The first time the project went to bid, the City
received one bid which was 2-3 times higher than the engineer’s
estimate and the second time, the City received no bids. City staff
have met with other agencies that use King County to complete this
type of work and discussed their experience working with King County
which has been positive.
The Committee and staff discussed how the amount of the contract is
budgeted.
Transportation Manager Para noted that all of the projects will go to
the Mayor for approval unless the amount exceeds the budgeted
authority.
Member Osborne asked if the contract will be reviewed by the
Committee annually to approve the amount budgeted for the contract
every year. Assistant Director/City Engineer Selle stated that the
budget has to be approved by Council annually. Transportation
Manager Para stated that the agreement does not obligate any funds;
it is the subsequent task orders that will obligate the City to reimburse
King County for their services.
Assistant Director/City Engineer Selle stated that the larger projects
included in the agreement will also be tracked by the Committee on
the Capital Project Status Report.
Transportation Manager Para stated that the agreement will be
reviewed by the Finance Committee, in response to a question asked
by Chairman Wagner.
The Committee and staff continued discussion regarding how the
agreement will be budgeted in future years.
Chairman Wagner recommended removing the automatic renewal
language from the Agreement. Member Osborne recommended
including language stating that the agreement and budget will be
reviewed annually by the Council.
Transportation Manager Para recommended adding the agreement to
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the Action Tracking Matrix to be reviewed by the Committee prior to
the automatic renewal date to discuss tasks budgeted for the next year
and projects that could potentially be authorized under the contract.
Assistant City Attorney Gross stated that the internal budget tracking
should not be included in the Agreement, but a provision in the
Resolution could be added stating that the appropriation for the
agreement has to go to Council to be authorized. Gross said that the
language regarding the automatic renewal would remain in the
Agreement because that applies to the City’s interaction with the
County and does not have any affect on the City’s internal budget and
does not supersede any budget restrictions that are put on the
funding.
Member Osborne stated that he does not want the automatic renewal
removed from the Agreement as long as the Council can review how
much will be spent each year.
Assistant City Engineer Gaub answered questions asked by Vice-
Chair Peloza regarding the storm pond cleaning project included in the
agreement.
Chairman Wagner asked that language be included in the Resolution
requiring that the budget be reviewed by Council yearly.
Assistant City Attorney Gross explained that the annual renewal in the
Agreement just ensures the contract is in place every year but does
not create a requirement for the City to utilize the contract or obligate
funds, in response to comments made by Chairman Wagner.
Assistant City Attorney Gross suggested adding a section to the
Resolution that says the funding for the contract will be renewed and
specifically authorized every year, in response to a request made by
Vice-Chair Peloza. The Committee agreed to adding the new section
and retaining the section allowing the automatic renewal of the
Agreement.
Assistant City Engineer Gaub explained that in future years there will
probably not be as much budgeted for storm pond cleaning as the
current year, because the cleaning of the storm pond has not been
able to be complete for several years and the City needs to get caught
up. Chairman Wagner asked that Assistant City Engineer Gaub attend
the Finance Committee meeting to explain the budget for storm pond
cleaning.
Assistant City Attorney Gross answered questions asked by Vice-
Chair Peloza regarding the wording of the Resolution and the scope of
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services included in the contract.
Vice-Chair Peloza asked for changes to the contribution
language. Assistant City Attorney Gross stated that he would have to
consult with Risk Management prior to changing the language.
Staff answered questions asked by Vice-Chair Peloza regarding the
schedule for tasks and the schedule for the City’s quarterly reports.
Motion Carried Unanimously. 3-0.
IV. DISCUSSION ITEMS
A. 22nd Street High Consumption (Coleman/Dowdy)
Director Dowdy reported that staff had several meetings to try and
determine the reason for the increased water consumption at the three
residences in question and was unable to establish a cause. Director
Dowdy stated that the data does not allow for the City to prove or
disprove any cause.
Vice-Chair Peloza asked for the cost of replacing the meters. Water
Utility Engineer Lamothe answered it is approximately $212.00
each. Director Dowdy noted that if staff believes the meters are faulty,
it is the obligation of the City to replace them.
Finance Director Coleman stated that the meters that were replaced
were tested and read accurately.
Finance Director Coleman explained how technicians locate leaks, in
response to questions asked by Vice-Chair Peloza.
The Committee and staff reviewed the past water consumption for the
three residences compared to the months of higher consumption.
Finance Director Coleman noted there were no leaks found. The
Committee and staff discussed possible causes for the increased
consumption.
The Committee agreed that the adjusted amounts should be written
off.
B. Leak Adjustment Policy 100-52 Revision (Coleman)
Finance Director Coleman explained that staff is asking for Council to
provide the Finance Director latitude to make a leak adjustment for
those customers experiencing financial hardship.
Chairman Wagner asked why the revision requested by the Page 7 of 15
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Committee regarding the location of a water leak had not been
included. Member Osborne noted that at a previous meeting, the
Committee decided to include not only leaks from the building to the
street but also leaks inside the building.
Finance Director Coleman stated that staff had several meetings to
discuss the revision requested by the Committee and explained that if
leaks inside the building are eligible when determining leak
adjustments, leaking toilets, other appliances, etc. Finance Director
Coleman suggested further discussion on whether or not to include the
water line beyond the point the line has enters the building.
The Committee and staff discussed whether or not leaks inside a
building should be a factor when determining eligibility for leak
adjustments.
Utility Engineer Repp spoke about limitations on what the City can and
can not do when determining which leaks utilities should support and
which leaks are the property owner’s responsibility. Repp also said
that it is difficult for staff to examine leaks once the line enters a
structure and that is part of the reason why staff supports only
including the line to the point where it enters the building.
Utilities Engineer Repp stated that the current policy does not allow
staff the ability to make decisions about leak adjustments in the case
of financial hardship.
The Committee decided to retain the current policy regarding
determining eligibility for leak adjustments and the adjustments may
be applied for leaks occurring in the water line from the street to where
it enters the house. Finance Director Coleman pointed out that the
policy states the appeal process applies only to adjustments over
$500.00.
The Committee and staff discussed whether or not to lower the
$500.00 limit. The Committee decided not to lower the limit at this
time. Vice-Chair Peloza requested additional information regarding the
number of leaks that do not meet the $500.00 limit.
The Committee asked what the definition of “financial hardship” will
be. Finance Director Coleman suggested using the same income
thresholds as those currently used for the low-income senior/disability
discounts that the City offers. Coleman suggested any other
extenuating circumstances also be considered.
Chairman Wagner asked how staff determines whether or not an
applicant is low income. Finance Director Coleman answered
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customers provide staff with tax returns and other
documents. Customer Service Manager Goodson-Moore said that
there is also a form that is used for the low-income senior/disability
discount that can be revamped for leak adjustments in cases of
hardship.
The Committee agreed with the criteria suggested by Finance Director
Coleman.
C. 2013 Utility System Revenue Bond (Coleman)
Finance Director Coleman distributed a handout titled, “Utility 2013
Bond Funded Projects.
The Committee and staff reviewed the capital projects that will be
funded by the bond and the cost of the projects. Finance Director
Coleman noted that a Public Works Trust Fund loan has been secured
for the Well 1 Improvements. That project was going to be included in
the bond. Coleman also noted that the annual debt service on new
bonds will be approximately 5% of Water and Stormwater rates.
The Committee and staff reviewed the Water Utility Rate and
Stormwater Rate Revenue Requirements graphs. Finance Director
Coleman explained how the debt service rate was estimated, in
response to a question asked by Chairman Wagner.
Financial Planning Manager Chaw answered questions asked by
Chairman Wagner regarding the new debt service represented on the
graphs and how the rates are calibrated to include the issuance of
future bonds.
Vice-Chair Peloza asked if the debt service for the 2013 bonds would
be better represented with a spread of 5%-8%. Finance Director
Coleman confirmed that it would.
Utilities Engineer Repp answered questions asked by Member
Osborne regarding the phases of the flood area project included in the
Stormwater Projects. Auburn Way South Flooding is Phase 2 and 30th
Street NE Area Flooding in Phase 1.
Finance Director Coleman stated that staff is working on the bond
ordinance and it will be brought back to the Committee for review on
February 4, 2013.
D. Interlocal Agreement between King County, King County Flood
District, and the City of Auburn (Dixon)
Proposed Interlocal Agreement (ILA) between King County, King
County Flood Control District, and the City of Auburn for King County's
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Reddington Levee Setback and Extension Project
Principal Planner Dixon explained that the Reddington Levee Setback
and Extension Project is a project being undertaken by the King
County Flood Control District and the City is partnering on the
project. The project seeks to setback, i.e. move west, and extend
Reddington Levee along the west bank of the Green River, through
the City of Auburn. Principal Planner Dixon discussed the scope of
work for the project.
The Committee and staff reviewed the map which shows both phases
of the project.
Principal Planner Dixon stated that King County currently has funding
only for the first phase of the project, from 26th Street NE, north to the
northern boundary of Monterey Park (a.k.a Auburn 40 plat).
Dixon stated that the map included in the agenda packet shows takes
of City owned property as well as privately owned property, in
response to a question asked by Chairman Wagner.
Principal Planner Dixon discussed the problems that will be addressed
by constructing the new levee setback.
Member Osborne asked if the new levee will be constructed prior to
removal of the existing levee. Dixon confirmed that to be correct.
Principal Planner Dixon spoke about the project goals. Mayor Lewis
responded to questions asked by Member Osborne regarding potential
flooding up the river if the levee system flow containment capacity is
increased beyond 12,000 cubic feet per second. Dixon noted that the
project site is only one segment of the river where the project will
provide increased flood capacity and more storage. This project is part
of the county’s overall program to deal with the Green River and the
first increment of levee improvement.
Mayor Lewis spoke about the measurement of success for the project,
in response to a question asked by Member Osborne.
The Committee and staff discussed the maximum flow of the river, the
levee system, and potential flooding, in response to concerns
expressed by Member Osborne.
Principal Planner stated that the project is scheduled to start
construction in 2013 but the county website does not indicate the
duration of construction window.
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The project results in 6 related City actions. The Committee and staff
reviewed the City related Actions Schedule for the project.
Assistant Director/City Engineer Selle explained that there will be two
separate agreements, one between the County and the River Estates
Mobile Home Park for purchase of property for the Levee footprint and
a second agreement between the City and the River Estates Mobile
Home Park for purchase of a portion of the property owned by the
City’s Storm Utility (a.k.a formerly Crista Ministries). Assistant
Director/City Engineer Selle pointed out the locations of the properties
on an aerial map. Principal Planner Dixon noted that the levee setback
will impact approximately sixteen mobile home units and their
recreational vehicle parking. The mobile home park intends on
replacing the units using the property purchased from the City storm
utility.
The Committee and staff continued review of the City related Actions
Schedule for the project.
Principal Planner Dixon explained that there will be a Recreation and
Conservation Office (RCO) conversion for replacement park
land. Dixon stated that the levee project will take approximately 2.99
acres of the existing developed open space within Brannan Park for
the footprint of the levee. That portion of the park needs to be replaced
under the original grant obligation of the original acquisition so the City
needs to find a suitable replacement for the 2.99 acres. Assistant
Director/City Engineer Selle pointed out the proposed location for the
usable park space within the storm utility owned property. Dixon
answered questions asked by Member Osborne regarding the type of
park space that will be required.
Principal Planner Dixon stated that the County intends to submit
applications for the needed city construction permits from City later in
the week.
Another City action is the 3-party agreement for use of city owned
properties for Levee. Principal Planner Dixon reviewed the properties
that will be affected by the 3-Party Interposal Agreement for
conveyance of the levee easement from the City with the
Committee. The agreement addresses use of two City Storm water
owned properties. As part of the agreement, the county will also
provide a functional replacement for the bios wale that is being
replaced by the levee footprint. The interposal agreement also
addresses the County’s responsibility to provide replacement of the
2.99 acres of Brannan Park within the storm utility owned
property. Under the agreement provisions the City will also receive a
replacement paved trail system along the top of the levee as part of
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the construction.
The complete construction of the trail system will occur in phase 1 of
the project and the City has also secured the county’s assistance to
construct the trail in phase 2, if the City elects to build the trail in
advance of the levee construction. Principal Planner Dixon responded
to a question asked by Member Osborne regarding the 3 required
Americans with Disabilities Act (ADA) accessible locations along the
trail.
Dixon stated that under state law in order to surplus city owned
property that was originally acquired for utility purposes and to
recognize a portion of the former Cristal Ministries property as park
land, the City must conduct a Public Hearing.
Mayor Lewis addressed questions asked by Member Osborne
regarding the project’s cost to the City.
The Committee and staff discussed the project’s budget.
Chairman Wagner asked how the price of the 10.77 acres of
encumbrances to the Auburn Storm Utility properties was
calculated. Principal Planner Dixon answered that the amount is based
on an appraisal conducted by King County and the County also
conducted a review appraisal both of which were reviewed by the City
and accepted. Chairman Wagner asked for an explanation as to why
the property is worth less than wetlands. Mayor Lewis noted that the
City is selling an easement and not the actual property. Mayor Lewis
asked that copies of a summary of the appraisals be provided to the
Committee members.
The Committee and staff discussed the improved functionality of the
proposed construction of the new bios wale. Storm Drainage Engineer
Carlaw explained how staff determined how the bios wale should be
constructed to improve functionality. Storm Drainage Engineer Carlaw
pointed out that under the terms of the 3-party agreement the City also
has the authority to approve all plans and issue the necessary
permits.
Principal Planner Dixon answered questions asked by Vice-Chair
Peloza regarding the parkland replacement.
E. Utility System Development Charges (Repp)
Utilities Engineer Repp explained that the analysis and background
information that the consultant uses for the Cost of Service is also
relevant for the System Development Charges (SDCs), in response to
a question asked by Chairman Wagner. Repp stated that one of the
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benefits of using the consultant, FCS Consultants, is that they have
experience with other jurisdictions’ SDCs and will be able to provide
meaningful comparisons. Repp discussed some of the difficulties staff
has producing similar comparisons. Utilities Engineer Repp said that
staff can ask the consultant to segregate the tasks of the Cost of
Service analysis and the SDC analysis. Chairman Wagner voiced his
concern about the possibility of SDCs not getting a fair amount of
analysis if combined with the cost of service task. Chairman Wagner
asked that the tasks be done separately, with the SDC analysis being
completed in summer 2013 and the Cost of Service analysis
completed at the end of the year.
Utilities Engineer Repp suggested initiating a single contract with FCS
that says the SDC analysis be completed first and for the Cost of
Service analysis to have a separate schedule. Mayor Lewis supported
a single contract. Chairman Wagner agreed.
The Committee and staff reviewed Figure 1, SDC Comparison with
other local cities.
The Committee and staff reviewed Figure 2, Utility Revenue Summary,
which shows the wealth of contributions of the SDCs to the overall
rates of the different utilities. Chairman Wagner asked for the
contributions of the SDCs to the capital expenditure funds.
The Committee and staff reviewed Table 3, Auburn single family
residence fee summary.
Utilities Engineer Repp distributed an updated scope of work for the
consultant which includes an optional task to look at Braunwood’s cost
of service to see if rates support actual costs.
Chairman Wagner and Utilities Engineer Repp spoke about the
possibility of returning the ownership of Braunwood to the property
owners.
Utilities Engineer Repp stated that staff will return with the capital
SDCs for the Committee to review.
Utilities Engineer Repp responded to a question asked by Chairman
Wagner regarding replacement projects.
Chairman Wagner distributed copies of the City of Auburn 1998
Recommended Cost of Service Rates Compared with Existing Rate
Structure. Chairman Wagner asked for staff and the consultant to
produce similar types of out put in the current Cost of Service
study. The Committee and staff reviewed the handout and Chairman
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Wagner made his suggestions to staff.
F. Red Right Turn Arrow and Left Turn Flashing Yellow Arrow
Recommendations (Para)
Transportation Manager Para stated that staff has researched posting
signs, at the Committee’s request, with respect to the flashing yellow
left turn arrow operation and the red right turn arrows.
Para stated that there are seven total intersections with red right
arrows in the City, in response to a question asked by Chairman
Wagner regarding how many signs would need to be
posted. Chairman Wagner stated that he supported the installation of
the “Right on Red Arrow After Stop” signage, as depicted in the
example provided by Transportation Manager Para.
Transportation Manager Para explained that research reports and the
MUTCD do not recommend the installation of signs with the flashing
yellow arrows. Para said that staff supports that
recommendation. Para stated that studies have shown that there is
less driver confusion with the flashing yellow arrow signal intersection
than the intersections with the “Left Turn Yield on Green” signals with
signage.
The Committee and Transportation Manager Para discussed the
timing of the flashing yellow arrow signal.
Transportation Manager Para noted that the flashing yellow arrow
signals are included in the new driver’s manual and is part of driver’s
training.
Chairman Wagner asked what type of public education for the flashing
yellow arrow signals is being recommended by staff. Transportation
Manager Para said that public notices posted on the City’s website, a
full page ad in the Auburn Reporter and other media outlets could be
used for education. Vice-Chair Peloza recommended public channel
21 and Member Osborne suggested public channel 22. Chairman
Wagner said he is expecting a lot of education be provided by staff.
The Committee supported the installation of the WSDOT standard sign
for red right turn arrows and staff’s suggestion to implement extensive
public information and education campaigns with subsequent flashing
yellow arrow projects.
G. Capital Project Status Report (Gaub)
Item 8 – CP0817 – 2009 Sewer & Storm Pump Station Replacement
Phase C, White River: Assistant City Engineer Gaub stated that staff is
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working on an issue related to alarm calibration with the contractor but
the station is running and operational.
Item 19 – CP1118 – Auburn Way South Pedestrian Improvements –
Dogwood to Fir: Assistant City Engineer Gaub commented that the
Committee will be reviewing the project when staff asks for permission
to advertise late this spring.
Chairman Wagner pointed out that the CPS total covers multiple years
and asked for a spending rate. Assistant City Engineer Gaub noted
that the spending rate may vary year to year due to major construction
projects such as M Street and A Street in the last couple years.
H. Action Tracking Matrix (Dowdy)
Member Osborne asked that the staff report on the timing for the
flashing yellow signal be added to the matrix.
Utilities Engineer Repp stated that he will update the matrix for the
timeline for the SDCs and Cost of Service analyses.
Item G and Item L can be removed.
The 2012 completed projects map was provided for Item B and will be
hung in the Council work area as requested by Chairman Wagner.
V. ADJOURNMENT
There being no further business to come before the Public Works
Committee, the meeting was adjourned at 6:22 p.m.
Approved this 4th day of February, 2013.
____________________________ _______________________________
Rich Wagner, Chair Jennifer Cusmir, Department Secretary
Page 15 of 15
CA.A Page 18 of 177
AGENDA BILL APPROVAL FORM
Agenda Subject:
Right-of-Way Use Permit No. 13-01
Date:
January 29, 2013
Department:
Public Works
Attachments:
Permit Conditions
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee approve Right-of-Way Use Permit No. 13-01 for Auburn Parks,
Arts and Recreation Department's Annual Petpalooza Dog Trot Fun Run.
Background Summary:
City of Auburn Parks, Arts and Recreation Department has requested a Right-of-Way
Use Permit for the annual Petpalooza Dog Trot Fun Run on May 18, 2013 from 8:30 am
to 11:00 am.
The route starts at the entrance to Game Farm Park at 33rd Street SE and V Street SE.
The road is to be closed at the entrance to Game Farm Park at 33rd Street SE, V Street
SE and 37th Way SE. These areas will be closed off for the start of the race. Route
proceeds south on V Street to 37th Way SE to west on 37th way SE, then south on R
Street SE. The northbound lane of R Street SE from 37th Way SE to Stuck River Road
will be closed to traffic during the race. Participants proceed from R Street SE to east on
the White River Trail. There will be a turn around on the trail at the entrance to Game
Farm Wilderness Park. Route then proceeds west on Stuck River Road. A six foot
portion of the north side of Stuck River Road shall be coned off from the turn around at
the trail to R Street SE. Route them proceeds north on R Street SE in the closed lane, to
35th Street SE, proceeding east to the entrance of Game Farm Park.
Police will be present to monitor event along the R Street SE Portion of route. Flaggers
shall also be positioned on R Street SE to direct traffic around the lane closure.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Mund
Meeting Date:February 4, 2013 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 19 of 177
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 20 of 177
Right-of-Way Use Permit Special Conditions
for ROW Use Permit #13-01
Staff recommends approval of the permit, subject to the following
conditions:
1. Applicant’s failure to comply with any provisions/conditions of this
permit shall be terms for immediate termination.
2. Applicant shall comply with the City’s nuisance code under ACC 8.12
3. Applicant shall keep the public ROW free of litter and drink or food
waste.
4. The City reserves the right to adjust the terms and conditions or revoke
this Right-of-Way Use Permit pending the following considerations:
a. Public complaints involving perceived issues impacting public use
of the ROW affected by the permit.
b. Public comment or other community interest concerns.
c. Any emerging issue or change in use of the ROW that may impact
the public interest, as follows:
i. The remaining capacity of the rights-of-way to accommodate
other uses if the applicant’s proposed use is granted.
ii. The effect, if any, on public health, safety, and welfare if the
authorization is granted.
iii. Such other factors as may demonstrate that the grant to use
the rights-of-way will serve the community interest.
5. Applicant will send mailer or conduct an ‘Auburn Alert’ via phone calls
to surrounding Park neighborhoods prior to event to inform the
neighborhoods of event, street closures and increased
traffic/pedestrians on events date.
6. Public Works Streets Division will provide traffic control for the event.
7. Police will monitor event and provide support for traffic control on R
Street SE.
8. Participants are to remain within marked course route, either on
sidewalk or within closed roadway areas. Closed portions of route
include the following locations:
a. V Street SE from entrance to Game Farm Park at 33rd Street SE.
b. 37th Way SE from V Steet SE to R Street SE.
c. North bound lane of R Street SE from 37th Way SE to Stuck River
Drive.
d. 6 foot coned section of west bound lane of Stuck River Drive.
Sidewalk portions of route include the following locations:
a. R Street from 37th Way SE to 35th Street SE
b. 35th Street SE, 35th Way SE and 33rd Street SE from R Street SE to
V Street SE.
9. Applicant shall contact Matt Murphy with ICON at 253-839-2101 or
253-981-6311 a minimum of 3 days prior to the event to coordinate the
need for the 3rd flagger located at 41st Street SE.
CA.B Page 21 of 177
CA.B Page 22 of 177
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1112
Date:
January 29, 2013
Department:
Public Works
Attachments:
Budget Status Sheet
Final Pay Estimate No. 4
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council approve Final Pay Estimate No. 4 to
Contract No. 12-09 in the amount of $10,764.69 and accept construction of Project No.
CP1112, 2011/2012 Sidewalk Repair Project.
Background Summary:
This project repaired damaged sidewalk on approximately 3 miles of streets throughout
the City (see attached map) with an emphasis on fixing potential tripping hazards. This
was mainly accomplished by removing and replacing damage concrete sidewalk panels.
Project areas were selected based on the severity of the damaged sidewalk in the area
and citizen complaints.
A project budget contingency of $74,289 remains in the 328 (Capital Improvement)
Fund.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Wickstrom
Meeting Date:February 4, 2013 Item Number:CA.C
AUBURN * MORE THAN YOU IMAGINEDCA.C Page 23 of 177
Project No: CP1112Project Title:
Project Manager: Seth Wickstrom
Initiation/Consultant Agreement
Initiation Date: _May 16, 2011________ Permission to Advertise
Advertisement Date: _July 12, 2012___ Contract Award
Award Date: _August 6, 2012_______ Change Order Approval
Contract Final Acceptance
Funding Prior Years 20112012 2013 Total
328 Fund - Capital Improvement Fund 235,000235,000
Funds Budgeted (Funds Available)
BUDGET STATUS SHEET
2011/2012 Sidewalk Repair Project
Date: January 28, 2013
The "Future Years" column indicates the projected amount to be requested in future budgets.
Total 00235,0000235,000
Activity Prior Years 20112012 2013 Total
*Design Engineering - City Costs 7690769
Construction Contract Bid 148,61141,239189,850
Line Item Changes 0 (29,908)(29,908)
*Construction Engineering - City Costs 000
Total 00149,38011,331160,711
* City staff costs are charged against the Engineering Budget and not the Project Budget, and are not shown here.
Prior Years 20112012 2013 Total
**328 Funds Budgeted ( )00(235,000)0(235,000)
328 Funds Needed 00149,38011,331160,711
**328 Fund Project Contingency ( )00(85,620)0(74,289)
328 Funds Required 00011,3310
** ( # ) in the Budget Status Sections indicates Money the City has available.
Estimated Cost (Funds Needed)
328 Capital Improvement Budget Status
CA.C Page 24 of 177
CA.C Page 25 of 177
CA.C Page 26 of 177
CA.C Page 27 of 177
CA.C Page 28 of 177
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4903
Date:
January 29, 2013
Department:
Public Works
Attachments:
Resolution No. 4903
Exhibit A
Vicinity Map
Budget Impact:
$0
Administrative Recommendation:
Public Works Committee recommend City Council adopt Resolution No. 4903.
Background Summary:
Resolution No. 4903 authorizes the Mayor to accept a federal grant in the amount of $1,020,700
from the Puget Sound Regional Council, to be administered through the Washington State
Department of Transportation, to finance the design, environmental permitting, and property
acquisition phases of the S 277th St Corridor Capacity and Non-Motorized Trail Improvement
project.
The federal grant requires a 13.5% match from local funding sources, which will be contributed
by the 102 Fund.
The S 277th St Corridor Capacity and Non-Motorized Trail Improvement project consists of
intersection improvements and major roadway widening on S 277th St from Auburn Way North
to L Street NE. Project components include adding two new eastbound through lanes, one new
west bound through lane, a Class I separated non motorized trail, street lighting improvements,
storm drainage improvements, streetscape improvements, Intelligent Transportation System
(ITS) improvements, intersection capacity and safety improvements, and auxiliary turn lanes at
Auburn Way North, D Street NE, and the future I Street NE. Project length is approximately
3,300 feet.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Wagner Staff:Vondrak
Meeting Date:February 4, 2013 Item Number:RES.A
AUBURN * MORE THAN YOU IMAGINEDRES.A Page 29 of 177
-----------------------------
Resolution No. 4903
January 28, 2013
Page 1
RESOLUTION NO. 4903
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT A FEDERAL GRANT TO BE ADMINISTERED
THROUGH THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION FOR THE SOUTH 277TH STREET
CORRIDOR CAPACITY AND NON-MOTORIZED TRAIL
IMPROVEMENT PROJECT.
WHEREAS, the City desires to improve the safety, capacity, and efficiency of
South 277th Street (“S. 277th”); and
WHEREAS, the need for corridor improvements on S. 277th Street corridor is
recognized in Auburn’s adopted Transportation Improvement Program; and
WHEREAS, widening S. 277th Street from Auburn Way North to L Street NE,
thereby completing the expansion of the only two lane segment on the street corridor
between SR-99 and SR-18 will improve the safety, capacity, and efficiency of S. 277th
Street; and
WHEREAS, the City applied for, through the Puget Sound Regional Council
(PSRC), and was granted a federal grant to be administered by the Washington State
Department of Transportation (WSDOT) in the amount of $1,020,700 to finance the
design, environmental permitting, and property acquisition phases of the S. 277th Street
Corridor Capacity and Non-Motorized Trail Improvement Project; and
WHEREAS, the federal grant requires a 13.5% match from local funding sources,
of which $159,300 is available through the 102 fund; and
RES.A Page 30 of 177
-----------------------------
Resolution No. 4903
January 28, 2013
Page 2
WHEREAS, it is in the best interest of the City to use grant monies to finance
capital improvements to the transportation system.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor is hereby authorized to accept the federal grant for
$1,020,700 for the S. 277th Street Corridor Capacity and Non-Motorized Trail
Improvement project. In addition, the Mayor is hereby authorized to execute a Local
Agency Agreement between the City and the Washington State Department of
Transportation in substantial conformity with the agreement attached hereto, marked as
Exhibit A and incorporated herein by this reference. Also, the Mayor is hereby
authorized to execute any further necessary supplemental agreements for the Project,
expending up to the total amount of the grant of $1,020,700.
Section 2. That the Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out the directives of this legislation .
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
RES.A Page 31 of 177
-----------------------------
Resolution No. 4903
January 28, 2013
Page 3
Dated and Signed this _____ day of _________, 2013.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
______________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
_____________________
Daniel B. Heid,
City Attorney
RES.A Page 32 of 177
Local Agency Agreement
Agency Official Washington State Department of Transportation
By
Title
Date Executed
By
Director of Highways and Local Programs
Agency
Address
City of Auburn
25 West Main Street
Auburn, WA 98001
TheLocalAgencyhavingcomplied,orherebyagreeingtocomply,withthetermsandconditionssetforthin(1)Title23,U.S.CodeHighways,(2)
theregulationsissuedpursuantthereto,(3)2CFR225,(4)OfficeofManagementandBudgetCircularsA-102,andA-133,(5)thepoliciesand
procedurespromulgatedbytheWashingtonStateDepartment ofTransportation,and(6)thefederalaidprojectagreemententeredintobetweenthe
StateandFederalGovernment,relativetotheaboveproject,theWashingtonStateDepartmentofTransportationwillauthorizetheLocalAgencyto
proceedontheprojectbyaseparatenotification.Federalfundswhicharetobeobligatedfortheprojectmaynotexceedtheamountshownhereinon
liner,column3,withoutwrittenauthoritybytheState,subjecttotheapprovaloftheFederalHighwayAdministration.Allprojectcostsnot
reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Description of Work
Name Length
Termini
S 277th St Corridor Capacity & Non-Motorized Trail Improvement Project 0.625 miles
Auburn Way North to L St NE
Type of Work
Estimate of Funding
(1)(2)(3)
PE
Right of Way
Construction
a. Agency
b. Other
d. State
e. Total PE Cost Estimate (a+b+c+d)
Consultant
180,000.00
975,000.00
5,000.00
1,160,000.00
f. Agency
g. Other
i. State
j. Total R/W Cost Estimate (f+g+h+i)
k. Contract
l. Other
m. Other
o. Agency
p. State
q. Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+j+q)1,160,000.00
131,625.00843,375.00
675.004,325.00
156,600.001,003,400.00
Federal Funds
Estimated
Funds
Estimated Agency
Project Funds
Estimated Total
1
This project consists of widening S 277th St from Auburn Way N to L St NE, completing the expansion of the only two
lane segment on the street corridor between SR-99 and SR-18. Project components include adding three through lanes, a
separated non-motorized trail, street lighting, storm drainage improvements, Intelligent Transportation System
improvements, and auxiliary turn lanes at Auburn Way N, D St NE, and the future I St NE.
156,600.001,003,400.00
For OSC WSDOT Use Only
Project No.
Agreement No.
24,300.00155,700.00
CFDA No. 20.205
Federal Aid
Participation
Ratio for PE
Federal Aid
Participation
Ratio for RW
Federal Aid
Participation
Ratio for CN
86.5 %
%
%
(Catalog of Federal Domestic Assistance)
Peter B. Lewis, Mayor
0.00
h. Other
c. Other
n. Other
DOTForm 140-039 EF
Revised 09/2011RES.A Page 33 of 177
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
$at $per month formonths.
Local Force or Local Ad and Award
Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as
a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set
forth below. Adopted by official action on
,, Resolution/Ordinance No.Resolution 4903
2
Provisions
CertaintypesofworkandservicesshallbeprovidedbytheStateonthisprojectasrequestedbytheAgencyanddescribedintheTypeofWork
above.Inaddition,theStatewillfurnishqualifiedpersonnelforthesupervisionandinspectionoftheworkinprogress.OnLocalAgencyadvertised
andawardedprojects,thesupervisionandinspectionshall belimitedtoensuringallworkisinconformancewithapprovedplans,specifications,and
federalaidrequirements.ThesalaryofsuchengineerorothersupervisorandallothersalariesandcostsincurredbyStateforcesupontheproject
willbeconsideredacostthereof.AllcostsrelatedtothisprojectincurredbyemployeesoftheStateinthecustomarymanneronhighwaypayrolls
and vouchers shall be charged as costs of the project.
I. Scope of Work
TheAgencyshallprovideallthework,labor,materials,and servicesnecessarytoperformtheprojectwhichisdescribedandsetforthindetailin
the “Project Description” and “Type of Work.”
WhentheStateactsforandonbehalfoftheAgency,theStateshallbedeemedanagentoftheAgencyandshallperformtheservicesdescribed
andindicatedin“TypeofWork”onthefaceofthisagreement,inaccordancewithplansandspecificationsasproposedbytheAgencyandapproved
by the State and the Federal Highway Administration.
WhentheStateactsfortheAgencybutisnotsubjecttotherightofcontrolbytheAgency,theStateshallhavetherighttoperformthework
subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
TheStateiswillingtofulfilltheresponsibilitiestotheFederalGovernmentbytheadministrationofthisproject.TheAgencyagreesthattheState
shallhavethefullauthoritytocarryoutthisadministration.TheStateshallreview,process,andapprovedocumentsrequiredforfederalaid
reimbursementinaccordancewithfederalrequirements.If theStateadvertisesandawardsthecontract,theStatewill furtheractfortheAgencyin
allmattersconcerningtheprojectasrequestedbytheAgency.IftheLocalAgencyadvertisesandawardstheproject,the Stateshallreviewthework
to ensure conformity with the approved plans and specifications.
III. Project Administration
IV. Availability of Records
AllprojectrecordsinsupportofallcostsincurredandactualexpenditureskeptbytheAgencyaretobemaintainedinaccordancewithlocal
governmentaccountingproceduresprescribedbytheWashingtonStateAuditor’sOffice,theU.S.DepartmentofTransportation,andthe
WashingtonStateDepartmentofTransportation.TherecordsshallbeopentoinspectionbytheStateandFederalGovernmentatallreasonabletimes
andshallberetainedandmadeavailableforsuchinspection foraperiodofnotlessthanthreeyearsfromthefinalpaymentofanyfederalaidfunds
to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request.
TheAgencyagreesthatonfederalaidhighwayconstructionprojects,thecurrentfederalaidregulationswhichapplyto liquidateddamages
relativetothebasisoffederalparticipationintheprojectcostshallbeapplicableintheeventthecontractorfailstocompletethecontractwithinthe
contract time.
V. Compliance with Provisions
TheAgencyshallnotincuranyfederalaidparticipationcostsonanyclassificationofworkonthisprojectuntilauthorizedinwritingbytheState
for each classification. The classifications of work for projects are:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Intheeventthatrightofwayacquisition,oractualconstructionoftheroad,forwhichpreliminaryengineeringisundertakenisnotstartedbythe
closingofthetenthfiscalyearfollowingthefiscalyearin whichtheagreementisexecuted,theAgencywillrepaytothe Statethesumorsumsof
federal funds paid to the Agency under the terms of this agreement (see Section IX).
TheAgencyagreesthatallstagesofconstructionnecessary toprovidetheinitiallyplannedcompletefacilitywithinthelimitsofthisprojectwill
conformtoatleasttheminimumvaluessetbyapprovedstatewidedesignstandardsapplicabletothisclassofhighways,eventhoughsuchadditional
work is financed without federal aid participation.
VI. Payment and Partial Reimbursement
Thetotalcostoftheproject,includingallreviewandengineeringcostsandotherexpensesoftheState,istobepaidbytheAgencyandbythe
FederalGovernment.Federalfundingshallbeinaccordance withtheFederalTransportationAct,asamended,2CFR225andOfficeof
ManagementandBudgetcircularsA-102andA-133.TheStateshallnotbeultimatelyresponsibleforanyofthecostsofthe project.TheAgency
shallbeultimatelyresponsibleforallcostsassociatedwiththeprojectwhicharenotreimbursedbytheFederalGovernment.Nothinginthis
agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project.
DOTForm 140-039 EF
Revised 09/2011RES.A Page 34 of 177
DOTForm 140-039 EF
Revised 09/2011 3
TheStateshallbilltheAgencyforallcostsincurredbytheStaterelativetotheproject.TheStateshallalsobilltheAgencyforthefederalfunds
paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
MethodA –TheAgencywillplacewiththeState,within(20)daysafter theexecutionoftheconstructioncontract,anadvanceintheamountof
theAgency’sshareofthetotalconstructioncostbasedonthecontractaward.TheStatewillnotifytheAgencyoftheexactamounttobedeposited
withtheState.TheStatewillpayallcostsincurredunderthecontractuponpresentationofprogressbillingsfromthecontractor.Followingsuch
payments,theStatewillsubmitabillingtotheFederalGovernmentforthefederalaidparticipationshareofthecost.Whentheprojectis
substantiallycompletedandfinalactualcostsoftheprojectcanbedetermined,theStatewillpresenttheAgencywitha finalbillingshowingthe
amountduetheStateortheamountduetheAgency.ThisbillingwillbeclearedbyeitherapaymentfromtheAgencytotheStateorbyarefund
from the State to the Agency.
MethodB –TheAgency’sshareofthetotalconstructioncostasshownonthefaceofthisagreementshallbewithheldfromitsmonthlyfueltax
allotments.Thefaceofthisagreementestablishesthemonthsinwhichthewithholdingshalltakeplaceandtheexactamounttobewithheldeach
month.Theextentofwithholdingwillbeconfirmedbyletter fromtheStateatthetimeofcontractaward.Uponreceiptofprogressbillingsfromthe
contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings.
MethodC –TheAgencymaysubmitvoucherstotheStateintheformatprescribedbytheState,induplicate,notmorethanoncepermonthfor
thosecostseligibleforFederalparticipationtotheextentthatsuchcostsaredirectlyattributableandproperlyallocabletothisproject.Expenditures
bytheLocalAgencyformaintenance,generaladministration,supervision,andotheroverheadshallnotbeeligiblefor Federalparticipationunless
claimed under a previously approved indirect cost plan.
TheStateshallreimbursetheAgencyfortheFederalshareof eligibleprojectcostsuptotheamountshownonthefaceofthisagreement.Atthe
time of audit, the Agency will provide documentation of all costs incurred on the project.
TheAgency,ifservicesofaconsultantarerequired,shallberesponsibleforauditoftheconsultant’srecordstodetermineeligiblefederalaid
costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government.
VII. Audit of Federal Consultant Contracts
AnauditshallbeconductedbytheWSDOTInternalAuditOfficeinaccordancewithgenerallyacceptedgovernmentalauditingstandardsas
issuedbytheUnitedStatesGeneralAccountingOfficebythe ComptrollerGeneraloftheUnitedStates;WSDOTManualM27-50,Consultant
Authorization,Selection,andAgreementAdministration;memorandaofunderstandingbetweenWSDOTandFHWA;andOfficeofManagement
and Budget Circular A-133.
Ifuponaudititisfoundthatoverpaymentorparticipationoffederalmoneyinineligibleitemsofcosthasoccurred,the Agencyshallreimburse
the State for the amount of such overpayment or excess participation (see Section IX).
TheAgencyagreesthatifpaymentorarrangementforpayment ofanyoftheState’sbillingrelativetotheproject(e.g.,Stateforcework,project
cancellation,overpayment,costineligibleforfederalparticipation,etc.)isnotmadetotheStatewithin45daysaftertheAgencyhasbeenbilled,the
StateshalleffectreimbursementofthetotalsumduefromtheregularmonthlyfueltaxallotmentstotheAgencyfromtheMotorVehicleFund.No
additionalFederalprojectfundingwillbeapproveduntilfullpaymentisreceivedunlessotherwisedirectedtheDirectorofHighwaysandLocal
Programs.
IX. Payment of Billing
TheAgencywillnotpermitanychangestobemadeintheprovisionsforparkingregulationsandtrafficcontrolonthisprojectwithoutprior
approvaloftheStateandFederalHighwayAdministration.TheAgencywillnotinstallorpermittobeinstalledanysigns,signals,ormarkingsnot
inconformancewiththestandardsapprovedbytheFederalHighwayAdministrationandMUTCD.TheAgencywill,atitsownexpense,maintain
the improvement covered by this agreement.
X. Traffic Control, Signing, Marking, and Roadway
Maintenance
TheAgencyshallholdtheFederalGovernmentandtheStateharmlessfromandshallprocessanddefendatitsownexpenseallclaims,demands,
or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution,
XI. Indemnity
TheAgency,asasubrecipientoffederalfunds,shalladhere tothefederalOfficeofManagementandBudget(OMB)CircularA-133aswellasall
applicablefederalandstatestatutesandregulations.Asubrecipientwhoexpends$500,000ormoreinfederalawardsfromallsourcesduringa
givenfiscalyearshallhaveasingleorprogram-specificauditperformedforthatyearinaccordancewiththeprovisionsofOMBCircularA-133.
Upon conclusion of the A-133 audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State.
VIII. Single Audit Act
TheAgencyshallbillthestateforfederalaidprojectcosts incurredinconformitywithapplicablefederalandstatelaws.Theagencyshall
minimizethetimeelapsedbetweenreceiptoffederalaidfundsandsubsequentpaymentofincurredcosts.ExpendituresbytheLocalAgencyfor
maintenance,generaladministration,supervision,andotheroverheadshallnotbeeligibleforfederalparticipationunlessacurrentindirectcostplan
hasbeenpreparedinaccordancewiththeregulationsoutlinedin2CFR225-CostPrinciplesforState,Local,andIndianTribalGovernment,and
retained for audit.
TheStatewillpayforStateincurredcostsontheproject.Followingpayment,theStateshallbilltheFederalGovernmentforreimbursementof
thosecostseligibleforfederalparticipationtotheextentthatsuchcostsareattributableandproperlyallocableto thisproject.TheStateshallbillthe
Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
RES.A Page 35 of 177
No liability shall attach to the State or Federal Government except as expressly provided herein.
TheAgencyherebyagreesthatitwillincorporateorcauseto beincorporatedintoanycontractforconstructionwork,or modificationthereof,as
definedintherulesandregulationsoftheSecretaryofLaborin41CFRChapter60,whichispaidforinwholeorinpartwith fundsobtainedfrom
theFederalGovernmentorborrowedonthecreditoftheFederalGovernmentpursuanttoagrant,contract,loan,insurance,orguaranteeor
understandingpursuanttoanyfederalprograminvolvingsuchgrant,contract,loan,insurance,orguarantee,therequiredcontractprovisionsfor
Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
XII. Nondiscrimination Provision
TheAgencyfurtheragreesthatitwillbeboundbytheaboveequalopportunityclausewithrespecttoitsownemploymentpracticeswhenit
participatesinfederallyassistedconstructionwork:Provided,thatiftheapplicantsoparticipatingisaStateorLocalGovernment,theaboveequal
opportunityclauseisnotapplicabletoanyagency,instrumentality,orsubdivisionofsuchgovernmentwhichdoesnotparticipateinworkonor
under the contract.
The Agency also agrees:
(1)ToassistandcooperateactivelywiththeStateinobtainingthecomplianceofcontractorsandsubcontractorswiththeequalopportunity
clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2)TofurnishtheStatesuchinformationasitmayrequireforthesupervisionofsuchcomplianceandthatitwillotherwiseassisttheStatein
the discharge of its primary responsibility for securing compliance.
(3)TorefrainfromenteringintoanycontractorcontractmodificationsubjecttoExecutiveOrder11246ofSeptember24,1965,witha
contractordebarredfrom,orwhohasnotdemonstratedeligibilityfor,governmentcontractsandfederallyassistedconstructioncontracts
pursuant to the Executive Order.
(4)Tocarryoutsuchsanctionsandpenaltiesforviolationoftheequalopportunityclauseasmaybeimposeduponcontractorsand
subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order.
TheAgencyshallnotdiscriminateonthebasisofrace,color,nationalorigin,orsexintheawardandperformanceofanyUSDOT-assisted
contractand/oragreementorintheadministrationofitsDBEprogramortherequirementsof49CFRPart26.TheAgencyshalltakeallnecessary
andreasonablestepsunder49CFRPart26toensurenondiscriminationintheawardandadministrationofUSDOT-assisted contractsand
agreements.TheWSDOT’sDBEprogram,asrequiredby49CFRPart26andasapprovedbyUSDOT,isincorporatedbyreferenceinthis
agreement.Implementationofthisprogramisalegalobligationandfailuretocarryoutitstermsshallbetreatedasaviolationofthisagreement.
UponnotificationtotheAgencyofitsfailuretocarryoutitsapprovedprogram,theDepartmentmayimposesanctionsasprovidedforunderPart26
andmay,inappropriatecases,referthematterforenforcementunder18U.S.C.1001and/ortheProgramFraudCivilRemediesActof1986(31U.
S.C. 3801 et seq.).
4
TheSecretaryoftheWashingtonStateDepartmentofTransportationmayterminatethecontractinwhole,orfromtimetotimeinpart,
whenever:
XIV. Termination for Public Convenience
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2)ThecontractorispreventedfromproceedingwiththeworkasadirectresultofanExecutiveOrderofthePresidentwithrespecttothe
prosecutionofwarorintheinterestofnationaldefense,or anExecutiveOrderofthePresidentorGovernoroftheStatewithrespecttothe
preservation of energy resources.
(3)Thecontractorispreventedfromproceedingwiththeworkbyreasonofapreliminary,special,orpermanentrestrainingorderofa
courtofcompetentjurisdictionwheretheissuanceofsuchorderisprimarilycausedbytheactsoromissionsofpersonsoragenciesotherthan
the contractor.
(4) The Secretary determines that such termination is in the best interests of the State.
Fortheconvenienceofthepartiestothiscontract,itisagreedthatanyclaimsand/orcausesofactionwhichtheLocalAgencyhasagainstthe
StateofWashington,growingoutofthiscontractortheprojectwithwhichitisconcerned,shallbebroughtonlyintheSuperiorCourtforThurston
County.
XV. Venue for Claims and/or Causes of Action
Inaddition,theAgencyagreesthatifitfailsorrefusestocomplywiththeseundertakings,theStatemaytakeanyorallofthefollowing
actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
TheAgencyherebyagreesthattheliquidateddamagesprovisionsof23CFRPart635,Subpart127,assupplemented,relativetotheamountof
Federalparticipationintheprojectcost,shallbeapplicableintheeventthecontractorfailstocompletethecontractwithinthecontracttime.Failure
to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph.
XIII. Liquidated Damages
DOTForm 140-039 EF
Revised 09/2011
performance,orfailuretoperformanyoftheprovisionsofthisagreement,orofanyotheragreementorcontractconnectedwiththisagreement,or
arisingbyreasonoftheparticipationoftheStateorFederalGovernmentintheproject,PROVIDED,nothinghereinshall requiretheAgencyto
reimbursetheStateortheFederalGovernmentfordamagesarisingoutofbodilyinjurytopersonsordamagetopropertycausedbyorresultingfrom
the sole negligence of the Federal Government or the State.
RES.A Page 36 of 177
The approving authority certifies, to the best of his or her knowledge and belief, that:
XVI. Certification Regarding the Restrictions of the Use
of Federal Funds for Lobbying
(1)Nofederalappropriatedfundshavebeenpaidorwillbepaid,byoronbehalfoftheundersigned,toanypersonforinfluencingorattempting
toinfluenceanofficeroremployeeofanyfederalagency,amemberofCongress,anofficeroremployeeofCongress,oranemployeeofamember
ofCongressinconnectionwiththeawardingofanyfederalcontract,themakingofanyfederalgrant,themakingofanyfederalloan,theentering
intoofanycooperativeagreement,andtheextension,continuation,renewal,amendment,ormodificationofanyfederalcontract,grant,loan,or
cooperative agreement.
(2)Ifanyfundsotherthanfederalappropriatedfundshavebeenpaidorwillbepaidtoanypersonforinfluencingorattemptingtoinfluencean
officeroremployeeofanyfederalagency,amemberofCongress,anofficeroremployeeofCongress,oranemployeeofamemberofCongressin
connectionwiththisfederalcontract,grant,loan,orcooperativeagreement,theundersignedshallcompleteandsubmittheStandardForm-LLL,
“Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3)Theundersignedshallrequirethatthelanguageofthiscertificationbeincludedintheawarddocumentsforallsubawardsatalltiers
(includingsubgrants,andcontractsandsubcontractsundergrants,subgrants,loans,andcooperativeagreements)whichexceed$100,000,andthatall
such subrecipients shall certify and disclose accordingly.
Thiscertificationisamaterialrepresentationoffactuponwhichreliancewasplacedwhenthistransactionwasmadeor enteredinto.Submission
ofthiscertificationasaprerequisiteformakingorenteringintothistransactionimposedbySection1352,Title31,U.S.Code.Anypersonwhofails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Additional Provisions
5DOTForm 140-039 EF
Revised 09/2011RES.A Page 37 of 177
RES.A Page 38 of 177
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6451
Date:
January 30, 2013
Department:
Finance
Attachments:
Ordinance No. 6451
Budget Impact:
$0
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6451.
Background Summary:
An ordinance of the City of Auburn, Washington, relating to the combined utility systems
of the City; providing for the issuance of one or more series of utility system revenue
bonds of the City in the aggregate principal amount of not to exceed $13,000,000 (1) to
pay a portion of the cost of certain improvements described herein, (2) to make a deposit
to the debt service reserve account, and (3) to pay the costs of issuance and sale of the
bonds; fixing or setting parameters with respect to certain terms and covenants of the
bonds; appointing the City's designated representative to approve the final terms of the
sale of the bonds; and providing for other related matters.
Reviewed by Council Committees:
Finance, Public Works
Councilmember:Staff:Coleman
Meeting Date:February 4, 2013 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 39 of 177
DRAFT DATED 1/29/2013
CITY OF AUBURN, WASHINGTON
ORDINANCE NO. 6451
AN ORDINANCE of the City of Auburn, Washington, relating to the
combined utility systems of the City; providing for the issuance of one or more
series of utility system revenue bonds of the City in the aggregate principal
amount of not to exceed $13,000,000 (1) to pay a portion of the cost of certain
improvements described herein, (2) to make a deposit to the debt service reserve
account, and (3) to pay the costs of issuance and sale of the bonds; fixing or
setting parameters with respect to certain terms and covenants of the bonds;
appointing the City’s designated representative to approve the final terms of the
sale of the bonds; and providing for other related matters.
PASSED FEBRUARY 19, 2013
Prepared by
Foster Pepper PLLC
1111 Third Avenue, Suite 3400
Seattle, Washington 98104
(206) 447-4400
51267762.3
DI.A Page 40 of 177
TABLE OF CONTENTS
Section 1. Definitions ................................................................................................................. 1
Section 2. Recitals and Findings ................................................................................................. 7
Section 3. Authorization of the Bonds ........................................................................................ 8
Section 4. Description of the Bonds; Appointment of Designated Representative .................... 8
Section 5. Bond Registrar; Registration and Transfer of Bonds ................................................. 9
Section 6. Form and Execution of Bonds ................................................................................. 10
Section 7. Payment of Bonds .................................................................................................... 10
Section 8. Redemption Provisions and Open Market Purchase of Bonds ................................ 11
Section 9. Failure to Pay Bonds ................................................................................................ 12
Section 10. The Bond Fund; Payments into Bond Fund ............................................................ 12
Section 11. Rate Stabilization Fund ............................................................................................ 13
Section 12. Pledge of Revenue and Lien Position ...................................................................... 14
Section 13. Deposit of Bond Proceeds........................................................................................ 14
Section 14. Covenants................................................................................................................. 14
Section 15. Flow of Funds. ......................................................................................................... 17
Section 16. Provisions for Future Parity Bonds .......................................................................... 17
Section 17. Separate Utility Systems .......................................................................................... 18
Section 18. Contract Resource Obligations ................................................................................ 18
Section 19. Tax Covenants ......................................................................................................... 19
Section 20. Refunding or Defeasance of the Bonds ................................................................... 19
Section 21. Sale and Delivery of the Bonds ............................................................................... 20
Section 22. Official Statement .................................................................................................... 20
Section 23. Undertaking to Provide Continuing Disclosure ....................................................... 21
Section 24. Supplemental or Amendatory Ordinances ............................................................... 23
Section 25. Defaults and Remedies ............................................................................................ 25
Section 26. Ratification............................................................................................................... 29
Section 27. Effective Date of Ordinance .................................................................................... 29
Exhibit A – Description of the Improvements
Exhibit B – Parity Conditions
-i-
DI.A Page 41 of 177
CITY OF AUBURN, WASHINGTON
ORDINANCE NO. 6451
AN ORDINANCE of the City of Auburn, Washington, relating to the
combined utility systems of the City; providing for the issuance of one or more
series of utility system revenue bonds of the City in the aggregate principal
amount of not to exceed $13,000,000 (1) to pay a portion of the cost of certain
improvements described herein, (2) to make a deposit to the debt service reserve
account, and (3) to pay the costs of issuance and sale of the bonds; fixing or
setting parameters with respect to certain terms and covenants of the bonds;
appointing the City’s designated representative to approve the final terms of the
sale of the bonds; and providing for other related matters.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as
follows:
Section 1. Definitions. As used in this ordinance, the following words shall have the
following meanings:
(a) “2005 Bonds” means the outstanding Utility System Revenue Refunding Bonds,
2005, of the City issued pursuant to Ordinance No. 5930.
(b) “2010A Bonds” means the outstanding Utility System Revenue Bonds, 2010A, of
the City issued pursuant to Ordinance No. 6335.
(c) “2010B Bonds” means the outstanding Utility System Revenue Bonds, 2010B
(Taxable Build America Bonds – Direct Payment), of the City issued pursuant to Ordinance No.
6335.
(d) “Alternate Security” means any bond insurance, reserve insurance, collateral,
security, letter of credit, guaranty, surety bond or similar credit enhancement device providing
for or securing the payment of all or part of the principal of and interest on Parity Bonds, which:
(i) is non-cancelable, and (ii) is issued by an institution which has been assigned, at the time of
issuance of the particular issue of Parity Bonds in connection with which the Alternate Security
is acquired, a credit rating equal to or better than the highest two rating categories by both
Moody’s Investors Service, Inc., and Standard & Poor's (without regard to gradations with in
those categories). Alternate Security includes, in lieu of cash and investments, such a security
obtained by the City for the purpose of satisfying part or all of the Reserve Requirement for the
Parity Bonds then outstanding.
(e) “Annual Debt Service” means for any calendar year for the Parity Bonds (or for
any series thereof, as applicable), all the interest, plus all principal (except principal of Term
Bonds due in any Term Bond Maturity Year), plus all mandatory redemption and sinking fund
installments for that year, less all bond interest payable from the proceeds of any such Parity
Bonds in that year.
(f) “Assessment Bonds” shall mean the original principal amount of any issue of
Parity Bonds equal to the total principal amount (or, if refunding bonds, the remaining unpaid
DI.A Page 42 of 177
principal amount) of ULID Assessments on any final assessment roll or rolls of one or more
ULIDs formed in connection with the improvements being financed by such issue of bonds (or
bonds being refunded). The original principal amount of such issue of bonds in excess of
Assessment Bonds shall be referred to as “bonds (or Bonds) that are not Assessment Bonds.”
Assessment Bonds shall be allocated to each $5,000 of bonds in proportion to their percentage of
the entire issue of bonds. When a bond of any issue of bonds containing Assessment Bonds is
redeemed or purchased, and retired, the same percentage of that bond as the percentage of
Assessment Bonds is to the total issue of those bonds shall be treated as Assessment Bonds being
redeemed or purchased and retired.
(g) “Authorized Denomination” means $5,000 or any integral multiple thereof
within a maturity.
(h) “Average Annual Debt Service” means, as of its date of calculation, the sum of
the Annual Debt Service for the remaining calendar years to the last scheduled maturity of the
applicable issue or issues of bonds divided by the number of those years. For purposes of
computing the Reserve Requirement the estimated amount of bonds to be redeemed prior to
maturity may be taken into account if required under federal arbitrage regulations.
(i) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial
interest in that Bond.
(j) “Bond Counsel” means the firm of Foster Pepper PLLC, its successor, or any
other attorney or firm of attorneys selected by the City with a nationally recognized standing as
bond counsel in the field of municipal finance.
(k) “Bond Fund” means that special fund of the City known as the Utility System
Revenue Bond Fund created by Section 10 of Ordinance No. 4945 for the payment of the
principal of and interest on the Parity Bonds.
(l) “Bond Purchase Agreement” means an offer to purchase the Bonds, or a Series
of Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of that
Series of the Bonds, which offer is authorized to be accepted by the Designated Representative
on behalf of the City, if consistent with this ordinance.
(m) “Bond Register” means the books or records maintained by the Bond Registrar
for the purpose of identifying ownership of the Bonds.
(n) “Bond Registrar” means the Fiscal Agent, or any successor bond registrar
selected by the City.
(o) “Bonds” means the bonds of the City issued pursuant to and for the purposes
provided in this ordinance in one or more series and with such additional series and other
designation as the Designated Representative may deem appropriate.
(p) “City” means the City of Auburn, Washington, a municipal corporation duly
organized and existing under the laws of the State.
(q) “City Council” means the legislative authority of the City, as duly and regularly
constituted from time to time.
(r) “Code” means the United States Internal Revenue Code of 1986, as amended, and
applicable rules and regulations promulgated thereunder.
-2- DI.A Page 43 of 177
(s) “Construction Accounts” means such accounts created in such System Funds as
the Finance Director shall designate for the purpose of paying the costs of the Improvements and
the costs of issuance of the Bonds.
(t) “Contract Resource Obligation” means an obligation of the City, designated as a
Contract Resource Obligation and entered into pursuant to Section 18 of this ordinance, to make
payments for water supply, sewer service, water, sewage or stormwater transmission or other
commodity or service to another person or entity (including without limitation a separate utility
system created pursuant to Section 17 of this ordinance and Section 18 of Ordinance No. 4945).
(u) “Coverage Requirement” in any calendar year means an amount of Net Revenue
at least equal to 1.25 times the Annual Debt Service in that year on all Parity Bonds that are not
Assessment Bonds. Upon redemption or defeasance of all outstanding 2005 Bonds, the following
sentence shall be added: If any Assessment Bonds are outstanding, the Coverage Requirement shall
also mean, in any calendar year, an amount of ULID Assessments at least equal to 1.0 times the
Annual Debt Service in that year on all Parity Bonds that are Assessment Bonds.
(v) “DTC” means The Depository Trust Company, New York, New York, or its
nominee.
(w) “Designated Representative” means the officer of the City appointed in Section 4
of this ordinance to serve as the City’s designated representative in accordance with RCW
39.46.040(2).
(x) “Final Terms” means the terms and conditions for the sale of a Series of Bonds
including, but not limited to the amount, date or dates, denominations, interest rate or rates (or
mechanism for determining interest rate or rates), payment dates, final maturity, redemption
rights, price, and other terms or covenants.
(y) “Finance Director” means the City Finance Director or the officer that is the
successor to substantially the functions and duties of the Finance Director.
(z) “Fiscal Agent” means the fiscal agent of the State, as the same may be
designated by the State from time to time.
(aa) “Future Parity Bonds” means any and all utility system revenue bonds of the
City issued after the date of the issuance of the Bonds, the payment of the principal of and
interest on which constitutes a charge or lien on the Net Revenue and ULID Assessments equal
in rank with the charge and lien upon such revenue and assessments required to be paid into the
Bond Fund to pay and secure the payment of the principal of and interest on the Outstanding
Parity Bonds and the Bonds.
(bb) “Government Obligations” has the meaning given in RCW 39.53.010, as now in
effect or as may hereafter be amended.
(cc) “Gross Revenue of the System” or “Gross Revenue” means all of the earnings
and revenues received by the City from the maintenance and operation of the System and all
earnings from the investment of money in the Bond Fund which earnings are deposited in the
Principal and Interest Account, and connection and capital improvement charges collected for
the purpose of defraying the costs of capital facilities of the System. Gross Revenue includes
any Tax Credit Subsidy Payments received by the City in respect of any Parity Bonds. Gross
Revenue shall not include: ULID Assessments, government grants, proceeds from the sale of
-3- DI.A Page 44 of 177
System property, City taxes collected by or through the System, principal proceeds of bonds or
other obligations and earnings or proceeds from any investments in a trust, defeasance or escrow
fund created to defease or refund System obligations (until commingled with other earnings and
revenues of the System) or held in a special account for the purpose of paying a rebate to the
United States Government under the Code, on earnings of a separate utility system that may be
created under Section 17 of this ordinance.
(dd) “Improvements” means those improvements in the City’s Plan of Additions that
are described in Exhibit A to this ordinance, which is incorporated by reference.
(ee) “Independent Utility Consultant” means either (1) an independent licensed
professional engineer experienced in the design, construction or operation of municipal utilities
of comparable size and character to the System, or (2) an independent certified public accountant
or other professional consultant experienced in the development of rates and charges for
municipal utilities of comparable size and character to the System.
(ff) “Issue Date” means, with respect to any Series of Bonds, the date of initial
issuance and delivery of such Series to the Underwriter in exchange for the purchase price of
such Series.
(gg) “Letter of Representations” means the Blanket Issuer Letter of Representations
dated February 18, 1997, between the City and DTC, as it may be amended from time to time,
and any successor or substitute letter relating to the operational procedures of the Securities
Depository.
(hh) “MSRB” means the Municipal Securities Rulemaking Board.
(ii) “Maintenance and Operation Expense” means all reasonable expenses incurred
by the City in causing the System to be operated and maintained in good repair, working order
and condition, including without limitation payments made to any other municipal corporation or
private entity as Contract Resource Obligations, and payments with respect to any other expenses
of the System that are properly treated as maintenance and operation expenses under generally
accepted accounting principles applicable to municipal corporations. The term Maintenance and
Operation Expense does not include any depreciation or capital additions or capital replacements
to the System.
(jj) “Maximum Annual Debt Service” means at the time of calculation, the maximum
amount of Annual Debt Service that will mature or come due in the current calendar year or any
future year on the outstanding Parity Bonds.
(kk) “Net Revenue of the System” or “Net Revenue” means the Gross Revenue: (a)
less (1) Maintenance and Operation Expense and (2) deposits into the Rate Stabilization Fund;
and (b) plus withdrawals from the Rate Stabilization Fund.
(ll) “Outstanding Parity Bonds” means the 2005 Bonds, the 2010A Bonds and the
2010B Bonds.
(mm) “Owner” means, without distinction, the Registered Owner and the Beneficial
Owner.
(nn) “Parity Bonds” means the Outstanding Parity Bonds, the Bonds and any Future
Parity Bonds.
-4- DI.A Page 45 of 177
(oo) “Parity Conditions” means those conditions for the issuance of Future Parity
Bonds, which were originally set forth in Section 17 of Ordinance No. 5930, as such conditions
are now set forth in Exhibit B, attached to this ordinance and incorporated by this reference.
(pp) “Plan of Additions” means the system or plan of additions and betterments to and
extensions of the Combined Utility specified, adopted and ordered to be carried out by the water
system, sewer system, and storm drainage system Capital Facilities Plans of the City adopted and
updated in connection with to the City’s Comprehensive Plan for each system, as most recently
amended and updated by Ordinance No. 6440, adopted on December 17, 2012.
(qq) “Principal and Interest Account” means the account of that name created in the
Bond Fund for the payment of the principal of and interest on the Parity Bonds.
(rr) “Rate Stabilization Fund” means the Utility System Rate Stabilization Fund
created in Section 11 of Ordinance No. 4945.
(ss) “Rating Agency” means any nationally recognized rating agency then
maintaining a rating on the Bonds at the request of the City.
(tt) “Record Date” means the Bond Registrar’s close of business on the 15th day of
the month preceding an interest payment date. With respect to redemption of a Bond prior to its
maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on
which the Bond Registrar sends the notice of redemption in accordance with Section 8.
(uu) “Registered Owner” means, with respect to a Bond, the person in whose name
that Bond is registered on the Bond Register. For so long as the City utilizes the book–entry
system for the Bonds under the Letter of Representations, Registered Owner shall mean the
Securities Depository.
(vv) “Reserve Account” means the account of that name created in the Bond Fund for
the purpose of securing the payment of the principal of and interest on the Parity Bonds.
(ww) “Reserve Requirement” means, for all Parity Bonds, the lesser of (i) Maximum
Annual Debt Service on those bonds or (ii) 125% of Average Annual Debt Service on those
bonds, but at no time shall the Reserve Requirement exceed 10% of the proceeds of those bonds.
Variable Interest Rate Bonds shall be assumed to bear interest at a fixed rate equal to the higher
of (1) the highest variable rate borne during the preceding 24 months by any outstanding variable
rate revenue bonds of the System or, (2) if no such Variable Interest Rate Bonds are outstanding
at the time of calculation, the rate borne by other variable rate debt the interest rate for which is
determined by reference to an index comparable to the index to be used to determine the interest
rate on the Future Parity Bonds proposed to be issued. Notwithstanding the above, the deposit to
be made in the Reserve Account shall be decreased for any issue of Parity Bonds when and to the
extent that the City provides for an Alternate Security to be deposited into the Reserve Account
to secure the payment of the principal of and interest on that issue of bonds. The amount payable
under any Alternate Security shall be credited against the amount otherwise required to be made
into the Reserve Account to meet the Reserve Requirement for that issue of bonds. When
calculating the Reserve Requirement with reference to any year in which Tax Credit Subsidy
Bonds are outstanding, the City shall exclude the amount of Tax Credit Subsidy Payment that the
City is then eligible to receive from Annual Debt Service.
(xx) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the
Securities Exchange Act of 1934, as amended.
-5- DI.A Page 46 of 177
(yy) “SEC” means the United States Securities and Exchange Commission.
(zz) “Securities Depository” means DTC, any successor thereto, any substitute
securities depository selected by the City, or the nominee of any of the foregoing. Any
Securities Depository must be qualified under applicable laws and regulations to provide the
services proposed to be provided by it.
(aaa) “Series of Bonds” or “Series” means a series of Bonds issued pursuant to this
ordinance.
(bbb) “State” means the State of Washington.
(ccc) “System” or “Utility System” means the City’s existing combined water supply
and distribution system, sanitary sewage system, storm and surface water utility, together with all
additions thereto and betterments and extensions thereof at any time made or constructed, and
shall include any utility systems hereafter combined with the System. The System shall not
include any additional systems for water supply, sewer service, water, sewage or stormwater
transmission, treatment or other commodity or service that may be created, acquired or
constructed by the City as a separate utility system as provided in Section 11 of Ordinance
No. 4945 and Section 17 of this ordinance.
(ddd) “System Funds” means, collectively, the Water Fund, Sewer Fund and Storm
Drainage Fund including without limitation any Construction Accounts or other accounts or
subaccount created thereon.
(eee) “System of Registration” means the system of registration for the City’s bonds
and other obligations set forth in Ordinance No. 3905 of the City.
(fff) “Tax Credit Subsidy Bond” means any bond that is designated by the City as a
“build America bond” or other tax credit bond, pursuant to the Code, and which is further
designated as a “qualified bond” under Section 6431 of the Code, and with respect to which the
City is eligible to receive a Tax Credit Subsidy Payment.
(ggg) “Tax Credit Subsidy Payment” means the amounts which the City is entitled to
receive as a tax credit payable by the United States Treasury to the City under Section 6431 of
the Code, in respect of any bonds issued as Tax Credit Subsidy Bonds.
(hhh) “Tax-Exempt Bonds” means any Series issued on a tax-exempt basis.
(iii) “Term Bond Maturity Year” means any calendar year in which Term Bonds are
scheduled to mature.
(jjj) “Term Bonds” means the bonds of any single issue or series of Parity Bonds
designated as such in the ordinance authorizing their issuance or sale.
(kkk) “ULID” means Utility Local Improvement District.
(lll) “ULID Assessments” means all assessments levied and collected in any ULID of
the City created for the acquisition or construction of additions to and extensions and betterments
of the System if such assessments are pledged to be paid into the Bond Fund (less any prepaid
assessments paid or to be paid into a construction fund or account). ULID Assessments shall
include installments thereof and any interest or penalties that may be due thereon.
-6- DI.A Page 47 of 177
(mmm) “Undertaking” means the undertaking to provide continuing disclosure entered
into pursuant to Section 23 of this ordinance.
(nnn) “Underwriter” means Seattle-Northwest Securities Corporation of Seattle,
Washington, or such other purchaser of the Bonds whose offer is accepted by the Designated
Representative in accordance with this ordinance.
(ooo) “Variable Interest Rate” means a variable interest rate or rates to be borne by a
series of Future Parity Bonds or any one or more maturities within a series of Future Parity
Bonds. The method of computing such a variable interest rate shall be specified in the ordinance
authorizing such Future Parity Bonds, which ordinance also shall specify either (i) the particular
period or periods of time or manner of determining such period or periods of time for which each
value of such variable interest rate shall remain in effect or (ii) the time or times upon which any
change in such variable interest rate shall become effective.
(ppp) “Variable Interest Rate Bonds” means, for any period of time, Future Parity
Bonds which bear a Variable Interest Rate during that period, except that Future Parity Bonds the
interest rate or rates on which shall have been fixed for the remainder of the term thereof no
longer shall be deemed to be Variable Interest Rate Bonds.
Section 2. Recitals and Findings. The City Council makes the following findings and
determinations:
(a) Background. The City now owns, operates and maintains a water supply and
distribution system and a sanitary sewage system, which systems were combined pursuant to
RCW 35.67.320 by Ordinance No. 961, passed and approved March 7, 1950, and further
combined with the storm drainage system by Ordinance No. 4945, passed February 18, 1997.
The combined systems, including all additions, betterments and extensions at any time made, are
collectively referred to as “Combined Utility System of the City” or the “System.”
(b) Plan of Additions. The City has adopted the Plan of Additions and is now in need
of funds with which to finance the Improvements, which comprise a portion of the Plan of
Additions, the estimated cost of which is more than $47,519,250, and the City does not have
available sufficient funds to pay the costs.
(c) Outstanding Parity Bonds. Pursuant to Ordinance No. 5930, the City issued its
$2,765,000 aggregate principal amount 2005 Bonds, and reserved the right to issue additional
utility system revenue bonds which would constitute a lien and charge upon the gross revenues
of the Combined Utility System on a parity with those bonds if the Parity Conditions are met.
Pursuant to Ordinance No. 6335, the City issued its $6,790,000 aggregate principal amount
2010A Bonds and its $14,505,000 aggregate principal amount 2010B Bonds on a parity with the
2005 Bonds.
(d) Parity Conditions Met. The City Council finds and declares that the amounts
required to have been paid into the Bond Fund for the Outstanding Parity Bonds have been paid
and maintained as required therein, and that all other Parity Conditions for the issuance of the
Bonds as Future Parity Bonds will have been met and satisfied before the Bonds are delivered to
the original purchaser thereof.
(e) Sufficiency of Gross Revenue. The City Council finds and determines that the
Gross Revenue and benefits to be derived from the operation and maintenance of the System at
the rates to be charged for services from the System will be more than sufficient to meet all
-7- DI.A Page 48 of 177
Maintenance and Operation Expense and to permit the setting aside into the Bond Fund out of
the Gross Revenue of amounts sufficient to pay the principal of and interest on the Outstanding
Parity Bonds and the Bonds when due. The City Council declares that in fixing the amounts to
be paid into the Bond Fund under this ordinance it has exercised due regard for Maintenance and
Operation Expense and has not obligated the City to set aside and pay into the Bond Fund a
greater amount of Gross Revenue of the System than in its judgment will be available over and
above such Maintenance and Operation Expense.
(f) Issuance of Bonds. Based on the foregoing, the City Council finds that it is in the
best interest of the City to issue and sell the Bonds to the Underwriter, pursuant to the terms set
forth in the Bond Purchase Agreement as approved by the City’s Designated Representative
consistent with this ordinance.
Section 3. Authorization of the Bonds. For the purpose of providing the funds
necessary (a) to pay a portion of the costs of the Improvements, (b) to make a deposit to the
Reserve Account and (c) to pay the cost of issuance and sale of the Bonds, the City shall issue
utility system revenue bonds in one or more series in the aggregate principal amount of not to
exceed $13,000,000.
Section 4. Description of the Bonds; Appointment of Designated Representative.
The Finance Director is appointed as the City’s Designated Representative and is authorized and
directed to negotiate the sale of the Bonds upon the terms deemed most advantageous to the City,
and to approve the Final Terms of the Bonds, with such additional terms and covenants as she
deems advisable, within the following parameters:
(a) Principal Amount. The Bonds shall not exceed the aggregate principal amount of
$13,000,000, and may be issued as either taxable or tax-exempt obligations.
(b) Date or Dates. Each Series of Bonds shall be dated as of its date of delivery to
the Underwriter, which date may not be later than December 31, 2013.
(c) Denominations, Series Designation, etc. The Bonds must be issued in Authorized
Denominations, shall be numbered separately in the manner and shall bear any name and
additional designation as deemed necessary or appropriate by the Designated Representative.
(d) Interest Rate(s). The Bonds shall bear interest at fixed rates per annum
(computed on the basis of a 360-day year of twelve 30-day months) from their date or from the
most recent interest payment date for which interest has been paid or duly provided for,
whichever is later. One or more rates of interest may be fixed for the Bonds. No rate of interest
for any Bond may exceed 6.00%, and the “all-in” true interest cost to the City for any Series of
Bonds may not exceed 5.00%.
(e) Payment Dates. Interest must be payable semiannually on each June 1 and
December 1 (or such other semiannual dates as the Designated Representative deems necessary
or convenient), commencing no earlier than June 1, 2013. Principal payments must be payable at
maturity or in mandatory redemption installments, commencing no earlier than December 1,
2013, on such interest payment dates as are acceptable to the Designated Representative.
(f) Final Maturity. The Bonds shall mature no later than 20 years following their
Issue Date.
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(g) Redemption Rights. In her discretion, the Designated Representative may approve
in the Bond Purchase Agreement provisions for the optional and mandatory redemption of
Bonds, as follows:
(1) Optional Redemption. Any Bond or Series of Bonds may be designated as
being (A) subject to redemption at the option of the City prior to its maturity date on the
dates and at the prices set forth in the Bond Purchase Agreement; or (B) not subject to
redemption prior to its maturity date. If a Tax-Exempt Bond is designated as subject to
optional redemption prior to its maturity, it must also be subject to such redemption on
one or more dates occurring not more than 10½ years after the Issue Date.
(2) Mandatory Redemption. Any Bond may be designated as a Term Bond,
subject to mandatory redemption prior to its maturity on the dates and in the amounts set
forth in the Bond Purchase Agreement.
(h) Price. The purchase price for each Series of Bonds may not be less than 98% or
more than 125%% of the stated principal amount of the Series.
(i) Other Terms and Conditions. The Designated Representative may determine
whether it is in the City’s best interest to provide for bond insurance or other credit enhancement;
and may accept such additional terms, conditions and covenants as she may determine are in the
best interests of the City, consistent with this ordinance.
Section 5. Bond Registrar; Registration and Transfer of Bonds.
(a) Registration of Bonds. The Bonds shall be issued only in registered form as to
both principal and interest and shall be recorded on the Bond Register.
(b) Bond Registrar; Duties. The Fiscal Agent is appointed as Bond Registrar for the
Bonds. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration
and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond
Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or
exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the
City’s paying agent for the Bonds and to carry out all of the Bond Registrar’s powers and duties
under this ordinance and the System of Registration. The Bond Registrar shall be responsible for
its representations contained in the Bond Registrar’s Certificate of Authentication on each Bond.
The Bond Registrar may become an Owner of a Bond with the same rights it would have if it
were not the Bond Registrar and, to the extent permitted by law, may act as depository for and
permit any of its officers or directors to act as members of, or in any other capacity with respect
to, any committee formed to protect the rights of Beneficial Owners.
(c) Bond Register; Transfer and Exchange. The Bond Register shall contain the
name and mailing address of the Registered Owner of each Bond and the principal amount and
number of each Bond held by each Registered Owner. A Bond surrendered to the Bond
Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal
aggregate principal amount and of the same Series, interest rate and maturity. Bonds may be
transferred only if endorsed in the manner provided thereon and surrendered to the Bond
Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond
Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the
period between the applicable Record Date and the next upcoming interest payment or
redemption date.
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(d) Securities Depository; Book-Entry Form. The Bonds initially shall be registered
in the name of Cede & Co., as the nominee of DTC, acting as Securities Depository. Bonds so
registered shall be held fully immobilized in book-entry form by DTC in accordance with the
provisions of the Letter of Representations. Registered ownership of any Bond (or portion of a
Bond) held in book-entry form may not be transferred except: (i) to any successor Securities
Depository; (ii) to any substitute Securities Depository appointed by the City or such substitute
Securities Depository’s successor; or (iii) to any person if the Bond is no longer held in book-
entry form. Upon the resignation of the Securities Depository from its functions as depository, or
upon a termination of the services of the Securities Depository by the City, the City may appoint
a substitute Securities Depository. If (i) a Securities Depository resigns from its functions as
depository, and no substitute Securities Depository can be obtained, or (ii) the City determines
that a Bond is to be in certificated form, such Bond no longer shall be held in book-entry form
and the ownership of such Bond may be transferred to any person as provided in this ordinance.
Neither the City nor the Bond Registrar shall have any obligation to participants of any
Securities Depository or the persons for whom they act as nominees regarding accuracy of any
records maintained by the Securities Depository or its participants. Neither the City nor the
Bond Registrar shall be responsible for any notice which is permitted or required to be given to a
Registered Owner except such notice as is required to be given by the Bond Registrar to the
Securities Depository.
Section 6. Form and Execution of Bonds.
(a) Form of Bonds; Signatures and Seal. The Bonds shall be prepared in a form
consistent with the provisions of this ordinance and state law. The Bonds shall be signed by the
Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the
seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any
officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City
authorized to sign bonds before the Bond bearing his or her facsimile signature is authenticated
or delivered by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless
may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall
be as binding on the City as though that person had continued to be an officer of the City
authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person
who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds,
although he or she did not hold the required office on its Issue Date.
(b) Authentication. Only Bonds bearing a Certificate of Authentication in the
following form, manually signed by the Bond Registrar, shall be valid or obligatory for any
purpose or entitled to the benefits of this ordinance: “Certificate of Authentication. This Bond is
one of the fully registered City of Auburn, Washington, Utility System Revenue Bonds, Series
2013__.” The authorized signing of a Certificate of Authentication shall be conclusive evidence
that the Bond so authenticated has been duly executed, authenticated and delivered and is
entitled to the benefits of this ordinance.
Section 7. Payment of Bonds. Both principal of and interest on the Bonds shall be
payable in lawful money of the United States of America. For as long as a Bond is registered in
the name of the Securities Depository, payment of principal of and interest on that Bond shall be
made in the manner set forth in the Letter of Representations. If a Bond ceases to be in book-
entry form, interest on that Bond shall be paid by electronic transfer on the interest payment date,
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or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered
Owner at the address appearing on the Bond Register as of the Record Date. However, the City
is not required to make electronic transfers except pursuant to a request by a Registered Owner in
writing received at least 10 days before an interest payment date and at the sole expense of the
requesting Registered Owner. Principal of a Bond shall be payable upon presentation and
surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject
to acceleration under any circumstances.
Section 8. Redemption Provisions and Open Market Purchase of Bonds.
(a) Optional Redemption. The Bonds shall be subject to optional redemption
acceptable to the Designated Representative, within the parameters set forth in Section 4. Any
Bond that is subject to optional redemption may be selected by the City, in its sole discretion, for
redemption in whole or in part at any time at which redemption is permitted as set forth in the
Bond Purchase Agreement.
(b) Mandatory Redemption. Bonds designated as Term Bonds by the Designated
Representative, within the parameters set forth in Section 4, if not previously redeemed under
any optional redemption provisions, defeased or purchased and surrendered for cancellation
under the provisions set forth below, shall be called for redemption at a price equal to the stated
principal amount to be redeemed, plus accrued interest, on the redemption dates and in the
redemption amounts as set forth in the Bond Purchase Agreement. If Term Bonds are redeemed
under the optional redemption provisions, defeased or purchased by the City and cancelled, the
principal amount of the Term Bonds so redeemed, defeased or purchased (irrespective of their
actual redemption or purchase prices) shall be credited against one or more scheduled mandatory
redemption amounts for those Term Bonds. The City shall determine the manner in which the
credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the
earliest mandatory redemption date for that maturity of Term Bonds for which notice of
redemption has not already been given.
(c) Selection of Bonds for Redemption; Partial Redemption. All or a portion of the
principal amount of any Bond that is subject to optional or mandatory redemption may be
redeemed in any Authorized Denomination. If less than all of the outstanding principal amount
of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be
issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the
Registered Owner) of the same Series, maturity and interest rate in any Authorized
Denomination in the aggregate principal amount remaining unredeemed. The principal portion
of any Bond registered in the name of the Securities Depository which is to be partially
redeemed shall be selected in accordance with the Letter of Representations. If a Bond ceases to
be held in book-entry form, the portion to be partially redeemed shall be selected randomly in
such manner as the Bond Registrar shall determine.
(d) Notice of Redemption. While a Bond is registered in the name of the Securities
Depository, notice of redemption shall be given as required in accordance with the Letter of
Representations. If a Bond ceases to be held in book-entry form, unless waived by the
Registered Owner of the Bond to be redeemed, the City shall cause notice of an intended
redemption of Bonds to be given by the Bond Registrar not less than 20 nor more than 60 days
prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered
Owner of each Bond to be redeemed at the address appearing on the Bond Register on the
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Record Date. The requirements of the preceding sentence shall be satisfied when notice has been
mailed as so provided, whether or not it is actually received by an Owner of any Bond. In
addition, the redemption notice shall be mailed or sent electronically within the same period to
the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons
and with such additional information as the Finance Officer shall determine, but these additional
mailings shall not be a condition precedent to the redemption of a Bond.
(e) Rescission of Optional Redemption Notice. In the case of an optional redemption,
the notice of redemption may state that the City retains the right to rescind the redemption notice
and the optional redemption of those Bonds by giving a notice of rescission to the affected
Registered Owners at any time prior to the scheduled optional redemption date. Any notice of
optional redemption that is so rescinded shall be of no effect, and a Bond for which a notice of
optional redemption has been rescinded shall remain outstanding.
(f) Effect of Redemption. Interest on Bonds called for redemption shall cease to
accrue on the date fixed for redemption, unless either the notice of redemption is rescinded as set
forth above, or money sufficient to effect such redemption is not on deposit in the Bond Fund (or
in an escrow account established to carry out a refunding or defeasance of the redeemed Bonds,
if any).
(f) Open Market Purchase. The City further reserves the right and option to purchase
any or all of the Bonds in the open market at any time at any price acceptable to the City plus
accrued interest to the date of purchase.
Section 9. Failure to Pay Bonds. If any Bond is not redeemed when properly presented
at its maturity date or date fixed for redemption, the City shall be obligated to pay interest on that
Bond at the same rate provided in the Bond from and after its maturity or date fixed for
redemption until that Bond, both principal and interest, is paid in full or until sufficient money
for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment
by giving notice of that call to the Registered Owner.
Section 10. The Bond Fund; Payments into Bond Fund.
(a) Payments Into the Bond Fund. The Bond Fund has previously been created in the
office of the Finance Director and is divided into two accounts: the Principal and Interest
Account and the Reserve Account. So long as any Bonds are outstanding, the City shall set aside
and pay into the Bond Fund all ULID Assessments on their collection and, out of the Net
Revenue of the System, certain fixed amounts without regard to any fixed proportion, namely:
(1) Into the Principal and Interest Account on or before each interest
and principal and interest payment date, an amount, together with
other money on deposit therein, sufficient to pay the next ensuing
interest or principal and interest payments on the Bonds; and
(2) Into the Reserve Account an amount necessary to provide for the
Reserve Requirement as required under the Parity Conditions.
If the City fails to set aside and pay into the Bond Fund the amounts set forth above, the
owner of any of the outstanding Parity Bonds may bring action against the City and compel such
setting aside and payment. When the total amount in the Bond Fund equals the total amount of
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principal and interest due with respect to all outstanding Parity Bonds to the last maturity thereof,
no further payment need be made into the Bond Fund.
(b) Application and Investment of Funds. The City may create sinking fund accounts
or other accounts or subaccounts in the Bond Fund for the payment or securing the payment of
Parity Bonds as long as the maintenance of such accounts does not conflict with the rights of the
owners of the outstanding Parity Bonds. The City may provide for the purchase, redemption or
defeasance of Parity Bonds by the use of money on deposit in any account in the Bond Fund as
long as the money remaining in those accounts is sufficient to satisfy the required deposits in
those accounts for the remaining Parity Bonds.
All money in the Bond Fund may be kept in cash or invested in legal investments
maturing not later than the date when the funds are required for the payment of principal of or
interest on the outstanding Parity Bonds (for investments in the Principal and Interest Account)
or having a guaranteed redemption price prior to maturity and, in no event, maturing later than
the last maturity of any remaining outstanding Parity Bonds (for investments in the Reserve
Account). Earnings from investments in the Principal and Interest Account shall be deposited in
that account. Earnings from investments in the Reserve Account shall be deposited in that
account.
(c) The Reserve Account. The Reserve Account may be divided into subaccounts for
each issue of Parity Bonds outstanding. Except for withdrawals as authorized below, the amount
on deposit in the Reserve Account (including any subaccounts) shall meet the Reserve
Requirement at all times so long as any of the Parity Bonds are outstanding. The amount
required to be deposited in the Reserve Account (or any subaccount) shall be decreased when
and to the extent the City has provided for the Reserve Requirement by means of Alternate
Security.
If there is a deficiency in the Principal and Interest Account to meet maturing
installments of either principal or interest, as the case may be, that deficiency shall be made up
ratably from the Reserve Account and its subaccounts based on the amount of the total Reserve
Requirement to be paid into each subaccount (except when Alternative Security requires all cash
and investments in the Reserve Account be withdrawn before draws on the Alternate Security)
by the withdrawal of cash for that purpose. Any deficiency created in the Reserve Account (and
its subaccounts) by reason of any such withdrawal shall then be made up from ULID Assessment
payments and the Net Revenue of the System first available after making necessary provisions
for the required payments into the Principal and Interest Account.
Except for withdrawals described above, the money in the Reserve Account and its
subaccounts otherwise shall be held intact and may be applied against the last outstanding bonds
payable out of the Bond Fund. However, if at any time the Reserve Account or any subaccount
is fully funded, money in excess of the Reserve Requirement shall be withdrawn and deposited,
first, in any other subaccount having a deficiency in its Reserve Requirement, and second, at the
option of the Finance Director, either in the Principal and Interest Account and spent for the
purpose of retiring Parity Bonds or in any of the System Funds and spent for other lawful System
purposes.
Section 11. Rate Stabilization Fund. The Utility System Rate Stabilization Fund has
been previously established by Ordinance No. 4945. The City may at any time, as determined by
the City and as consistent with Section 14 of this ordinance, deposit in the Rate Stabilization
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Fund Gross Revenue and any other money received by the System and available to be so
deposited, excluding principal proceeds of any Future Parity Bonds or other borrowing. No
deposit of Gross Revenue shall be made into the Rate Stabilization Fund to the extent that such
deposit would prevent the City from meeting the Coverage Requirement in the relevant fiscal
year.
The City may, upon authorization by ordinance, at any time withdraw money from the
Rate Stabilization Fund for inclusion in the Net Revenue for the then-current fiscal year of the
System, except that the total amount withdrawn from the Rate Stabilization Fund in any fiscal
year of the System may not exceed the total debt service of the System in that year. Such
deposits or withdrawals may be made up to and including the date 90 days after the end of the
fiscal year for which the deposit or withdrawal will be included as Net Revenue for that fiscal
year.
Earnings from investments in the Rate Stabilization Fund shall be deposited in that fund
and shall not be included as Net Revenue of the System unless and until withdrawn from that
fund as provided herein. The City may also deposit earnings from investments in the Rate
Stabilization Fund into any System fund as authorized by ordinance, and such deposits shall be
included as Net Revenue in the year of deposit.
Section 12. Pledge of Revenue and Lien Position. The Net Revenue of the System and
ULID Assessments are pledged to the payment of the Parity Bonds, and this pledge with respect
to the Parity Bonds shall constitute a lien and charge upon such Net Revenue and ULID
Assessments prior and superior to any other charges whatsoever.
Section 13. Deposit of Bond Proceeds. One or more special accounts within the
System Funds, designated as the Construction Accounts, have previously been established in the
office of the Finance Director. The principal proceeds and premium, if any, received from the
sale and delivery of the Bonds remaining after satisfaction of the Reserve Requirement shall be
paid into the Construction Accounts and used to pay the costs of the Improvements and the cost
of issuing of the Bonds. Until needed to pay such costs, the City may invest principal proceeds
temporarily in any legal investment, and the investment earnings may be retained in the
Construction Accounts and be spent for the purposes of those accounts.
Section 14. Covenants. The City covenants and agrees with the owner of each Bond at
any time outstanding, as follows:
(a) ULID Assessments. All ULID Assessments shall be paid into the Bond Fund and
may be used to build up the required reserves in the Reserve Account and to pay the principal of
and interest on the Parity Bonds, without those ULID Assessments’ being particularly allocated
to the payment of the principal of and interest on any particular issue of bonds.
(b) Maintenance and Operation. The City will at all times maintain, preserve and
keep the properties of the System in good repair, working order and condition, will make all
necessary and proper additions, betterments, renewals and repairs thereto, and improvements,
replacements and extensions thereof, and will at all times operate or cause to be operated the
properties of the System and the business in connection therewith in an efficient manner and at a
reasonable cost.
(c) Establishment and Collection of Rates and Charges. The City will establish,
maintain and collect rates and charges for all services and facilities provided by the System
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which will be fair and nondiscriminatory. To the extent allowable by law, those to which service
of the System is available will be charged for that service at the prevailing rate within 30 days of
the availability of that service. Furthermore, the City will adjust those rates and charges from
time to time so that:
(i) The Gross Revenue of the System will at all times be sufficient to
(A) pay all Maintenance and Operation Expense on a current basis, (B) pay when
due all amounts that the City is obligated to pay into the Bond Fund and the
accounts therein, (C) pay all taxes, assessments or other governmental charges
lawfully imposed on the System or the revenue therefrom or payments in lieu
thereof and any and all other amounts which the City may now or hereafter
become obligated to pay from the Gross Revenue of the System by law or
contract; and
(ii) The Net Revenue of the System and ULID Assessments in each
calendar year will be at least equal to the Coverage Requirement.
(d) Sale or Disposition of the System. The City will not sell or otherwise dispose of
the System in its entirety unless, simultaneously with such sale or other disposition, all Parity
Bonds are redeemed and retired, or defeased pursuant to the provisions of this ordinance.
Furthermore, it will not sell, lease, mortgage or in any manner encumber or otherwise dispose of
any part of the System, including all additions and improvements thereto and extensions thereof
at any time made, that is used, useful or material in the operation of the System (each, as used in
this subparagraph, a “transfer”), unless provision is made for the replacement thereof or for
payment into the Bond Fund of the greatest of the following:
(i) An amount which will be in the same proportion to the net amount
of Parity Bonds then outstanding (defined as the total amount of those bonds less
the amount of cash and investments in the Bond Fund and accounts therein) that
the Gross Revenue of the System from the portion of the System sold or disposed
of for the preceding year bears to the total Gross Revenue of the System for that
period; or
(ii) An amount which will be in the same proportion to the net amount
of Parity Bonds then outstanding (as defined above) that the Net Revenue from
the portion of the System sold or disposed of for the preceding year bears to the
total Net Revenue of the System for such period; or
(iii) An amount which will be in the same proportion to the net amount
of Parity Bonds then outstanding (as defined above) that the cost of the assets sold
or disposed of (less depreciation) bears to the cost of the assets of the entire
System (less depreciation) immediately prior to such sale or disposition; or
(iv) An amount which will be in the same proportion to the net amount
of Parity Bonds then outstanding (as defined above) that the number of customers
served by the portion of the System sold or disposed bears to the number of
customers served by the entire System prior to such sale or disposition.
Before any such transfer under this subsection (d) with respect to greater than 5% of the
total assets of the System (measured by cost of the assets less depreciation), the City must obtain
a certificate of an Independent Utility Consultant to the effect that in his or her professional
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opinion, upon such transfer of assets, the remaining System will retain its operational integrity
and the Net Revenue of the System will be at least equal to the Coverage Requirement during the
five fiscal years following the fiscal year in which the transfer is to occur, taking into account (1)
the reduction in revenue resulting from the transfer, (2) the use of any proceeds of the transfer for
the redemption of Parity Bonds, and (3) the Independent Utility Consultant’s estimate of revenue
from customers anticipated to be served by any additions to and betterments and extensions of
the System financed in part by the proposed portion of the proceeds of the transfer.
Notwithstanding any other provision of this subsection (d), (1) the City in its discretion
may sell or otherwise dispose of any of the works, plant, properties or facilities of the System or
any real or personal property comprising a part of the same which shall have become
unserviceable, inadequate, obsolete or unfit to be used in the operation of the System, or no
longer necessary, material to or useful to the operation of the System, without making any
deposit into the Bond Fund, (2) the City may transfer the System to another municipal
corporation so long as ULID Assessments and Net Revenue with respect to the portion of the
System so transferred are used for payment of debt service on Parity Bonds prior to any other
purpose, or (3) the City in its discretion may carry out such a transfer if the aggregate cost of the
facilities, property or other assets (less depreciation) being transferred under this subparagraph
comprises no more than 5% of the costs of all of the assets of the System (less depreciation).
(e) Liens Upon the System. The City will not at any time create or permit to accrue or
to exist any lien or other encumbrance or indebtedness upon the Gross Revenue of the System, or
any part thereof, prior or superior to the lien thereon for the payment of Parity Bonds, and will
pay and discharge, or cause to be paid and discharged, any and all lawful claims for labor,
materials or supplies which, if unpaid, might become a lien or charge upon the Gross Revenue of
the System, or any part thereof, prior to or superior to the lien of the Parity Bonds, or which
might impair the security of the Parity Bonds.
(f) Books and Accounts. The City will keep proper books, records and accounts with
respect to the operations, income and expenditures of the System in accordance with proper
accounting procedures and any applicable rules and regulations prescribed by the State of
Washington. It will prepare annual financial and operating statements within 270 days of the
close of each fiscal year showing in reasonable detail the financial condition of the System as of
the close of the previous year, and the income and expenses for such year, including the amounts
paid into the Bond Fund and into any and all special funds or accounts created pursuant to the
provisions of this ordinance, the status of all funds and accounts as of the end of such year, and
the amounts expended for maintenance, renewals, replacements and capital additions to the
System. Such statements shall be sent to the owner of any Parity Bonds upon written request
therefor being made to the City.
(g) No Free Service. Except to aid the poor or infirm, to provide for resource
conservation or to provide for the proper handling of hazardous materials, it will not furnish or
supply or permit the furnishing or supplying of any service or facility in connection with the
operation of the System free of charge to any person, firm or corporation, public or private, other
than the City, so long as any Parity Bonds are outstanding.
(h) Collection of Delinquent Accounts. On at least an annual basis, it will determine
all accounts that are delinquent and will take all necessary action to enforce payment of such
accounts against those property owners whose accounts are delinquent.
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(i) Fire and Extended Coverage Insurance. It will carry the types of insurance on its
System properties in the amounts normally carried by private water, sewer and storm drainage
utility companies engaged in the operation of water, sewer and storm drainage systems, and the
cost of such insurance shall be considered a part of Maintenance and Operation Expense, or it
will implement and maintain a self-insurance program or an insurance pool program with
reserves adequate, in the reasonable judgment of the City, to protect the owners of the Parity
Bonds against loss.
(j) Condemnation Awards. Any condemnation awards received by the City in excess
of l% of cost of the assets of the System (less depreciation) shall be applied to one or more of the
following: (1) to the damaged property, (2) to retiring bonds, and (3) to improvements of the
System.
Section 15. Flow of Funds.
(a) The Gross Revenue of the System shall be deposited in the System Funds and
used for the following purposes only in the following order of priority:
(i) To pay Maintenance and Operation Expense;
(ii) To pay, together with ULID Assessments, first, the interest on and,
second, the principal of the Parity Bonds when due or as the principal is required
to be paid and to make all payments required to be made into any mandatory
redemption or sinking fund account created to provide for the payment of the
principal of Term Bonds;
(iii) To make, together with ULID Assessments, all payments required
to be made into the Reserve Account or its subaccounts and to make all payments
required to be made pursuant to a reimbursement agreement in connection with an
Alternate Security, except that if there is not sufficient money to make all
payments under reimbursement agreements, the payments will be made on a pro
rata basis;
(iv) To make all payments required to be made into any revenue bond,
note, warrant or other revenue obligation redemption fund, debt service account
or reserve account created to pay or secure the payment of the principal of and
interest on any revenue bonds, notes, warrants or other obligations of the City
having a lien upon the revenue of the System subordinate to the lien thereon for
the payment of the principal of and interest on any Parity Bonds;
(v) To make necessary additions, betterments and improvements and
repairs to or extensions and replacements of the System, to retire by redemption
or purchase in the open market any outstanding revenue obligations or other
obligations of the System, to make deposits into the Rate Stabilization Fund, or to
provide for any other lawful City purpose.
(b) To meet the required payments to be made into the Bond Fund, the City may
transfer any money from any funds or accounts of the System legally available therefor, except
bond redemption funds, refunding escrow funds, defeasance or other trust funds.
Section 16. Provisions for Future Parity Bonds. The City reserves the right to issue
Future Parity Bonds if the Parity Conditions are met and complied with at the time of the
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issuance of those Future Parity Bonds. Notwithstanding the foregoing, nothing in this ordinance
shall prevent the City from issuing Future Parity Bonds to refund maturing Parity Bonds then
outstanding, money for the payment of which is not otherwise available. Furthermore, nothing
contained in this ordinance shall prevent the City from issuing revenue bonds or other
obligations that are a charge upon the Gross Revenue of the System subordinate to the payments
required to be made into the Bond Fund for the payment of any Parity Bonds, or from pledging
the payment of ULID assessments into a bond redemption fund created for the payment of the
principal of and interest on those subordinate bonds or obligations if such ULID assessments are
levied for improvements constructed from the proceeds of those subordinate bonds.
Section 17. Separate Utility Systems. The City may create, acquire, construct, finance,
own and operate one or more additional systems for water supply, sewer service, water, sewage
or stormwater transmission, treatment or other commodity or service. The revenue of that
separate utility system shall not be included in the Gross Revenue of the System and may be
pledged to the payment of revenue obligations issued to purchase, construct, condemn or
otherwise acquire or expand the separate utility system. Neither the Gross Revenue nor the Net
Revenue of the System shall be pledged by the City to the payment of any obligations of a
separate utility system except (1) as a Contract Resource Obligation upon compliance with
Section 18 hereof and/or (2), with respect to the Net Revenue, on a basis subordinate to the lien
of the Parity Bonds on that Net Revenue.
Section 18. Contract Resource Obligations. (a) The City may at any time enter into
one or more contracts or other obligations for the acquisition (from facilities yet to be
constructed) of water supply, sewer service, water sewer or stormwater transmission, treatment
or other commodity or service relating to the System. The City may determine that such contract
or other obligation is a Contract Resource Obligation, and may provide that all payments under
that Contract Resource Obligation (including payments prior to the time that water supply,
transmission, treatment or other commodity or service is being provided, or during a suspension
or after termination of supply or service) shall be Maintenance and Operation Expense if the
following requirements are met at the time such Contract Resource Obligation is entered into:
(i) No Event of Default as defined in Section 25 of this ordinance has
occurred and is continuing.
(ii) There is on file a certificate of an Independent Utility Consultant
stating that (A) the payments to be made by the City in connection with the
Contract Resource Obligation are reasonable for the supply, transmission,
treatment or other service rendered; (B) the source of any new supply, and any
facilities to be constructed to provide the supply, transmission, treatment or other
service, are sound from a water, sewerage, or other commodity supply or
transmission planning standpoint, are technically and economically feasible in
accordance with prudent utility practice, and are likely to provide supply or
transmission or other service no later than a date set forth in the Independent
Utility Consultant’s certification; and (C) the Net Revenue (further adjusted by
the Independent Utility Consultant’s estimate of the payments to be made in
accordance with the Contract Resource Obligation) for the five fiscal years
following the year in which the Contract Resource Obligation is incurred, as such
Net Revenue is estimated by the Independent Utility Consultant (with such
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estimate based on such factors as he or she considers reasonable), will be at least
equal to the Coverage Requirement.
(b) Payments required to be made under Contract Resource Obligations shall not be
subject to acceleration.
(c) Nothing in this Section 18 shall be deemed to prevent the City from entering into
other agreements for the acquisition of water supply, sewer service, water, sewage or stormwater
transmission, treatment or other commodity or service from existing facilities and from treating
those payments as Maintenance and Operation Expense. Nothing in this Section 18 shall be
deemed to prevent the City from entering into other agreements for the acquisition of water
supply, transmission, treatment or other commodity or service from facilities to be constructed
and from agreeing to make payments with respect thereto, such payments constituting a lien and
charge on Net Revenue subordinate to that of the Outstanding Parity Bonds, the Bonds and any
Future Parity Bonds.
Section 19. Tax Covenants.
(a) Preservation of Tax Exemption for Interest on Tax-Exempt Bonds. The City
covenants that it will take all actions necessary to prevent interest on the Tax-Exempt Bonds
from being included in gross income for federal income tax purposes, and it will neither take any
action nor make or permit any use of proceeds of such Bonds or other funds of the City treated as
proceeds of such Bonds at any time during the term of such Bonds which will cause interest on
the Tax-Exempt Bonds to be included in gross income for federal income tax purposes. The City
also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the
Code are applicable to the Tax-Exempt Bonds, take all actions necessary to comply (or to be
treated as having complied) with those requirements in connection with such Bonds, including
the calculation and payment of any penalties that the City has elected to pay as an alternative to
calculating rebatable arbitrage, and the payment of any other penalties if required under Section
148 of the Code to prevent interest on the Tax-Exempt Bonds from being included in gross
income for federal income tax purposes.
(b) Post-Issuance Compliance. The Finance Director is authorized and directed to
review and update the City’s written procedures to facilitate compliance by the City with the
covenants in this Section 19 and the applicable requirements of the Code that must be satisfied
after the Issue Date to maintain the tax treatment of the Tax-Exempt Bonds and the receipt of
interest thereon.
Section 20. Refunding or Defeasance of the Bonds. The City may issue refunding
bonds pursuant to State law or use money available from any other lawful source to carry out a
refunding or defeasance plan, which may include (a) paying when due the principal of and
interest on the affected Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to
their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a
special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the
“trust account”), money and/or Government Obligations maturing at a time or times and bearing
interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance
with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants
of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds
shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to
receive payment of the principal of and interest on the defeased Bonds solely from the trust
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account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City
may apply money remaining in any fund or account (other than the trust account) established for
the payment or redemption of the defeased Bonds to any lawful purpose, subject only to the
rights of the registered owners of any other Parity Bonds then outstanding.
While a Bond is registered in the name of the Securities Depository, notice of any
defeasance shall be given in the manner prescribed in the Letter of Representations for notices of
redemption of Bonds. If a Bond ceases to be held in book-entry form, then unless specified by
the City in a refunding or defeasance plan, selection of Bonds to be defeased, notice of
defeasance and replacement of Bond certificates shall be done in accordance with the provisions
of this ordinance for the redemption of Bonds prior to their maturity.
If the refunding plan provides that the defeased Bonds or the refunding bonds to be
issued be secured by cash and/or Government Obligations pending the prior redemption of those
Bonds being refunded and if such refunding plan also provides that certain cash and/or
Government Obligations are irrevocably pledged for the prior redemption of the defeased Bonds,
then only the debt service on the Bonds which are not defeased Bonds and the refunding bonds,
the payment of which is not so secured by the refunding plan, shall be included in the
computation of the Coverage Requirement for the issuance of Future Parity Bonds and the
annual computation of coverage for determining compliance with the rate covenants.
Section 21. Sale and Delivery of the Bonds.
(a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is
authorized to sell the Bonds by negotiated sale to the Underwriter, based on her assessment of
market conditions, in consultation with appropriate City officials and staff, Bond Counsel and
other advisors. In determining the Final Terms, the Designated Representative shall take into
account those factors that, in her judgment, may be expected to result in the lowest true interest
cost on the Bonds to their maturity, including, but not limited to, current interest rates for
obligations comparable to the Bonds. The Bond Purchase Agreement for the Bonds shall set
forth the Final Terms of each Series of Bonds. The Designated Representative is authorized to
execute the Bond Purchase Agreement on behalf of the City, so long as the terms provided
therein are consistent with the terms of this ordinance.
(b) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at
City expense and will be delivered to the Underwriter in accordance with the Bond Purchase
Agreement, with the approving legal opinion of Bond Counsel regarding the Bonds.
Section 22. Official Statement.
(a) Preliminary Official Statement. The Designated Representative shall review the
form of each preliminary official statement prepared in connection with the sale of the Bonds to
the public. For the sole purpose of the Underwriter’s compliance with paragraph (b)(1) of Rule
15c2-12, the Designated Representative is authorized to “deem final” that preliminary official
statement as of its date, except for the omission of information permitted to be omitted by Rule
15c2-12. The City approves the distribution to potential purchasers of the Bonds of a
preliminary official statement that has been “deemed final” in accordance with this paragraph.
(b) Approval of Final Official Statement. The City approves the preparation of a final
official statement for the Bonds to be sold to the public in the form of the preliminary official
statement, with such modifications and amendments as the Designated Representative deems
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necessary or desirable, and further authorizes the Designated Representative to execute and
deliver such final official statement to the Underwriter. The City authorizes and approves the
distribution by the Underwriter of that final official statement to purchasers and potential
purchasers of the Bonds.
Section 23. Undertaking to Provide Continuing Disclosure. To meet the requirements
of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds,
the City makes the following Undertaking for the benefit of holders of the Bonds:
(a) Undertaking to Provide Annual Financial Information and Notice of Material
Events. The City undertakes to provide or cause to be provided, either directly or through a
designated agent, to the MSRB, in electronic format as prescribed by the MSRB, accompanied
by identifying information as prescribed by the MSRB:
(i) Annual financial information and operating data of the type
included in the final official statement for the Bonds and described in subsection
(b) of this section (“annual financial information”);
(ii) Timely notice (not in excess of ten business days after the
occurrence of the event) of the occurrence of any of the following events with
respect to the Bonds: (1) principal and interest payment delinquencies; (2) non-
payment-related defaults, if material; (3) unscheduled draws on debt service
reserves reflecting financial difficulties; (4) unscheduled draws on credit
enhancements reflecting financial difficulties; (5) substitution of credit or
liquidity providers, or their failure to perform; (6) adverse tax opinions, the
issuance by the Internal Revenue Service of proposed or final determinations of
taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material
notices or determinations with respect to the tax status of the Bonds; (7)
modifications to rights of holders of the Bonds, if material; (8) Bond calls (other
than scheduled mandatory redemptions of Term Bonds), if material, and tender
offers; (9) defeasances; (10) release, substitution, or sale of property securing
repayment of the Bonds, if material; (11) rating changes; (12) bankruptcy,
insolvency, receivership or similar event of the City, as such “Bankruptcy Events”
are defined in Rule 15d2-12; (13) the consummation of a merger, consolidation,
or acquisition involving the City or the sale of all or substantially all of the assets
of the City, other than in the ordinary course of business, the entry into a
definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if
material; and (14) appointment of a successor or additional trustee or the change
of name of a trustee, if material.
(iii) Timely notice of a failure by the City to provide required annual
financial information on or before the date specified in subsection (b) of this
section.
(b) Type of Annual Financial Information Undertaken to be Provided. The annual
financial information that the City undertakes to provide in subsection (a) of this section:
(i) Shall consist of (1) annual financial statements prepared (except as
noted in the financial statements) in accordance with applicable generally
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accepted accounting principles promulgated by the Government Accounting
Standards Board (“GASB”) and made applicable to Washington state local
governmental units such as the City, as such principles may be changed from time
to time, which statements may be unaudited, provided, however, that if and when
audited financial statements are otherwise prepared and available to the City they
will be provided; (2) a statement of authorized, issued and outstanding bonded
debt secured by Net Revenue of the System and ULID Assessments; (3) debt
service coverage ratios; and (4) general customer statistics for the System;
(ii) Shall be provided not later than the last day of the ninth month
after the end of each fiscal year of the City (currently, a fiscal year ending
December 31), as such fiscal year may be changed as required or permitted by
State law, commencing with the City’s fiscal year ending December 31, 2012; and
(iii) May be provided in a single or multiple documents, and may be
incorporated by specific reference to documents available to the public on the
Internet website of the MSRB or filed with the SEC.
(c) Amendment of Undertaking. The Undertaking is subject to amendment after the
primary offering of the Bonds without the consent of any holder of any Bond, or of any broker,
dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under
the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the
MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief
statement of the reasons for the amendment. If the amendment changes the type of annual
financial information to be provided, the annual financial information containing the amended
financial information will include a narrative explanation of the effect of that change on the type
of information to be provided.
(d) Beneficiaries. The Undertaking evidenced by this section shall inure to the
benefit of the City and the Beneficial Owner of a Bond, and shall not inure to the benefit of or
create any rights in any other person.
(e) Termination of Undertaking. The City’s obligations under this Undertaking shall
terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under
this Undertaking shall terminate if those provisions of Rule 15c2-12 which require the City to
comply with this Undertaking become legally inapplicable in respect of the Bonds for any
reason, as confirmed by an opinion of nationally recognized bond counsel, or other counsel
familiar with federal securities laws, delivered to the City, and the City provides timely notice of
such termination to the MSRB.
(f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the
City learns of any failure to comply with the Undertaking, the City will proceed with due
diligence to cause such noncompliance to be corrected. No failure by the City or other obligated
person to comply with the Undertaking shall constitute a default in respect of the Bonds. The
sole remedy of any holder of a Bond shall be to take such actions as that holder deems necessary,
including seeking an order of specific performance from an appropriate court, to compel the City
or other obligated person to comply with the Undertaking.
(g) Designation of Official Responsible to Administer Undertaking. The Finance
Director (or such other officer of the City who may in the future perform the duties of that office)
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or his or her designee is authorized and directed in his or her discretion to take such further
actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City
in respect of the Bonds set forth in this section and in accordance with Rule 15c2-12, including,
without limitation, the following actions:
(i) Preparing and filing the annual financial information undertaken to
be provided;
(ii) Determining whether any event specified in subsection (a) has
occurred, assessing its materiality, where necessary, with respect to the Bonds,
and, if material, preparing and disseminating any required notice of its
occurrence;
(iii) Determining whether any person other than the City is an
“obligated person” within the meaning of Rule 15c2-12 with respect to the
Bonds, and obtaining from such person an undertaking to provide any annual
financial information and notice of listed events for that person in accordance
with Rule 15c2-12;
(iv) Selecting, engaging and compensating designated agents and
consultants, including but not limited to financial advisors and legal counsel, to
assist and advise the City in carrying out the Undertaking; and
(v) Effecting any necessary amendment of the Undertaking.
Section 24. Supplemental or Amendatory Ordinances. This ordinance shall not be
modified or amended in any respect subsequent to the initial issuance of the Bonds, except as
provided in and in accordance with and subject to the provisions of this section. For purposes of
this provision, the passage of an ordinance authorizing the issuance of Future Parity Bonds shall
not be considered a supplemental ordinance.
(a) Certain Supplemental or Amendatory Ordinances Permitted Without Bond Owner
Consent. The City, from time to time, and at any time, without the consent of or notice to the
registered owners of the Bonds or the Parity Bonds, may pass supplemental or amendatory
ordinances as set forth in this subsection (a). Before the City shall pass any such supplemental
or amendatory ordinance pursuant to this subsection, there shall have been delivered to the City
and the Bond Registrar an opinion of Bond Counsel, stating that such ordinance is authorized or
permitted by this ordinance and, upon the execution and delivery thereof, will be valid and
binding upon the City in accordance with its terms and will not adversely affect the exclusion
from gross income for federal income tax purposes of interest on any tax-exempt Parity Bonds
then outstanding. The permitted purposes under this subsection (a) are:
(i) To cure any formal defect, omission, inconsistency or ambiguity in
this ordinance in a manner not adverse to the owner of any Parity Bond;
(ii) To impose upon the Bond Registrar (with its consent) for the
benefit of the registered owners of the Bonds any additional rights, remedies,
powers, authority, security, liabilities or duties which may lawfully be granted,
conferred or imposed and which are not contrary to or inconsistent with this
ordinance as theretofore in effect;
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(iii) To add to the covenants and agreements of, and limitations and
restrictions upon, the City in this ordinance, other covenants, agreements,
limitations and restrictions to be observed by the City which are not contrary or
inconsistent with this ordinance as theretofore in effect;
(iv) To confirm, as further assurance, any pledge under, and the
subjection to any claim, lien or pledge created or to be created by this ordinance
of any other money, securities or funds;
(v) To authorize different denominations of the Bonds and to make
correlative amendments and modifications to this ordinance regarding
exchangeability of Bonds of different authorized denominations, redemptions of
portions of Bonds of particular authorized denominations and similar amendments
and modifications of a technical nature;
(vi) To modify, alter, amend or supplement this ordinance in any other
respect which is not materially adverse to the registered owners of Parity Bonds
and which does not involve a change described in subsections (b) or (c) of this
section;
(vii) Because of change in federal law or rulings, to maintain the
exclusion from gross income of the interest on the Tax-Exempt Bonds from
federal income taxation; and
(viii) To add to the covenants and agreements of, and limitations and
restrictions upon, the City in this ordinance, other covenants, agreements,
limitations and restrictions to be observed by the City which are requested by the
Bond Insurer (if any) or provider of an Alternate Security and which changes are
not materially adverse to the registered owners of Parity Bonds.
(b) Supplemental or Amendatory Ordinances Requiring Consent of All Registered
Owners. Unless approved in writing by the registered owners of all Parity Bonds then
outstanding, nothing contained in this section shall permit, or be construed as permitting: (1) a
change in the times, amounts or currency of payment of the principal of or interest on any
outstanding Parity Bond or a reduction in the principal amount or redemption price of any
outstanding Parity Bond or a change in the redemption price of any outstanding Parity Bond or a
change in the method of determining the rate of interest thereon; (2) a preference of priority of
any Parity Bonds or any other bond or bonds, or (3) a reduction in the aggregate principal
amount of any Parity Bond.
(c) Supplemental or Amendatory Ordinances Requiring Consent of Registered
Owners of 60% of Parity Bonds Outstanding. In addition to any ordinance permitted pursuant to
paragraph (a) and subject to the terms and conditions contained in subsection (d) and not
otherwise, registered owners of not less than 60% in aggregate principal amount of the Parity
Bonds then outstanding shall have the right from time to time to consent to and approve the
adoption by the City of any supplemental or amendatory ordinance deemed necessary or
desirable by the City for the purpose of modifying, altering, amending, supplementing or
rescinding, in any particular, any of the terms or provisions contained in this ordinance, as
follows:
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(i) If at any time the City shall propose any supplemental or
amendatory ordinance under this subsection (c), the City shall cause the Bond
Register to give notice of the proposed supplemental or amendatory ordinance by
first-class United States mail to all registered owners of any then outstanding
Parity Bonds, to the Bond Insurer (if any), and to the Rating Agency. Such notice
shall briefly set forth the nature of the proposed supplemental or amendatory
ordinance and shall state that a copy thereof is on file at the office of the Bond
Registrar for inspection by all registered owners of the outstanding Parity Bonds.
(ii) At any time within two years after the date of the mailing of such
notice, the City may pass such supplemental or amendatory ordinance in
substantially the form described in such notice, but only if there shall have first
been delivered to the Bond Registrar (1) the required consents, in writing, of the
registered owners of the Parity Bonds, and (2) an opinion of Bond Counsel stating
that such ordinance is authorized or permitted by this ordinance and, upon the
execution and delivery thereof, will be valid and binding upon the City in
accordance with its terms and will not adversely affect the exclusion from gross
income for federal income tax purposes of interest on any tax-exempt Parity
Bonds then outstanding.
(iii) If registered owners of not less than the percentage of then
outstanding Parity Bonds required by this subsection (c) shall have consented to
and approved the proposed ordinance, no owner of outstanding Parity Bonds shall
have any right (1) to object to the passage of such ordinance, (2) to object to any
of the terms and provisions contained therein or the operation thereof, (3) in any
manner to question the propriety of the passage thereof, or (4) to enjoin or restrain
the City or the Bond Registrar from adopting the same or taking any action
pursuant thereto.
Upon the adoption of the supplemental or amendatory ordinance pursuant to the
provisions of this section, this ordinance shall be, and shall be deemed to be, supplemented and
amended accordingly. The respective rights, duties and obligations under this ordinance of the
City, the Bond Registrar and all registered owners of Parity Bonds, shall thereafter be
determined, exercised and enforced under this ordinance subject in all respects to such
supplements and amendments.
Section 25. Defaults and Remedies.
(a) Events of Default. The following shall constitute “Events of Default” with respect
to the Bonds:
(i) If a default is made in the payment of the principal of or interest on
any of the Bonds when the same shall become due and payable; or
(ii) If the City defaults in the observance and performance of any other
of the covenants, conditions and agreements on the part of the City set forth in
this ordinance or any covenants, conditions or agreements on the part of the City
contained in any Parity Bond authorizing ordinance and such default or defaults
have continued for a period of six months after they have received from the
Bondowners’ Trustee (as defined below) or from the registered owners of not less
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than 25% in principal amount of the Parity Bonds, a written notice specifying and
demanding the cure of such default. However, if the default in the observance
and performance of any other of the covenants, conditions and agreements is one
which cannot be completely remedied within the six months after written notice
has been given, it shall not be an Event of Default with respect to the Bonds as
long as the City has taken active steps within 90 days after written notice has been
given to remedy the default and is diligently pursuing such remedy.
(iii) If the City files a petition in bankruptcy or is placed in receivership
under any state or federal bankruptcy or insolvency law.
(b) Bondowners’ Trustee. So long as such Event of Default has not been remedied, a
bondowners’ trustee (the “Bondowners’ Trustee”) may be appointed by the registered owners of
25% in principal amount of the Parity Bonds then outstanding, by an instrument or concurrent
instruments in writing signed and acknowledged by such registered owners of the Parity Bonds
or by their attorneys-in-fact duly authorized and delivered to such Bondowners’ Trustee,
notification thereof being given to the City. That appointment shall become effective
immediately upon acceptance thereof by the Bondowners’ Trustee. Any Bondowners’ Trustee
appointed under the provisions of this Section 25(b) shall be a bank or trust company organized
under the laws of the State of Washington or the State of New York or a national banking
association. The bank or trust company acting as Bondowners’ Trustee may be removed at any
time, and a successor Bondowners’ Trustee may be appointed, by the registered owners of a
majority in principal amount of the Parity Bonds, by an instrument or concurrent instruments in
writing signed and acknowledged by such registered owners of the Bonds or by their attorneys-
in-fact duly authorized. The Bondowners’ Trustee may require such security and indemnity as
may be reasonable against the costs, expenses and liabilities that may be incurred in the
performance of its duties. If any Event of Default is, in the sole judgment of the Bondowners’
Trustee, cured and the Bondowners’ Trustee furnishes to the City a certificate so stating, that
Event of Default shall be conclusively deemed to be cured and the City, the Bondowners’
Trustee and the registered owners of the Parity Bonds shall be restored to the same rights and
position which they would have held if no Event of Default had occurred. The Bondowners’
Trustee appointed in the manner herein provided, and each successor thereto, is declared to be a
trustee for the registered owners of all the Parity Bonds and is empowered to exercise all the
rights and powers herein conferred on the Bondowners’ Trustee.
(c) Suits at Law or in Equity. Upon the happening of an Event of Default and during
the continuance thereof, the Bondowners’ Trustee may (and, upon the written request of the
registered owners of not less than 25% in principal amount of the Parity Bonds outstanding,
must) take such steps and institute such suits, actions or other proceedings, all as it may deem
appropriate for the protection and enforcement of the rights of the registered owners of the Parity
Bonds, to collect any amounts due and owing to or from the City, or to obtain other appropriate
relief, and may enforce the specific performance of any covenant, agreement or condition
contained in this ordinance or in any of the Parity Bonds.
Nothing contained in this Section 25 shall, in any event or under any circumstance, be
deemed to authorize the acceleration of maturity of principal on the Parity Bonds, and the
remedy of acceleration is expressly denied to the registered owners of the Parity Bonds under
any circumstances including, without limitation, upon the occurrence and continuance of an
Event of Default.
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Any action, suit or other proceedings instituted by the Bondowners’ Trustee hereunder
shall be brought in its name as trustee for the Bondowners and all such rights of action upon or
under any of the Parity Bonds or the provisions of this ordinance may be enforced by the
Bondowners’ Trustee without the possession of any of those Parity Bonds and without the
production of the same at any trial or proceedings relative thereto except where otherwise
required by law. Any such suit, action or proceeding instituted by the Bondowners’ Trustee shall
be brought for the ratable benefit of all of the registered owners of those Parity Bonds, subject to
the provisions of this ordinance. The respective registered owners of the Parity Bonds, by taking
and holding the same, shall be conclusively deemed irrevocably to appoint the Bondowners’
Trustee the true and lawful trustee of the respective registered owners of those Parity Bonds,
with authority to institute any such action, suit or proceeding; to receive as trustee and deposit in
trust any sums becoming distributable on account of those Parity Bonds; to execute any paper or
documents for the receipt of money; and to do all acts with respect thereto that the registered
owner himself or herself might have done in person. Nothing herein shall be deemed to authorize
or empower the Bondowners’ Trustee to consent to accept or adopt, on behalf of any registered
owner of the Parity Bonds, any plan of reorganization or adjustment affecting the Parity Bonds
or any right of any registered owner thereof, or to authorize or empower the Bondowners’
Trustee to vote the claims of the registered owners thereof in any receivership, insolvency,
liquidation, bankruptcy, reorganization or other proceeding to which the City is a party.
(d) Application of Money Collected by Bondowners’ Trustee. Any money collected
by the Bondowners’ Trustee at any time pursuant to this Section 25 shall be applied in the
following order of priority:
(i) First, to the payment of the charges, expenses, advances and
compensation of the Bondowners’ Trustee and the charges, expenses, counsel
fees, disbursements and compensation of its agents and attorneys.
(ii) Second, to the payment to the persons entitled thereto of all
installments of interest then due on the Parity Bonds in the order of maturity of
such installments and, if the amount available shall not be sufficient to pay in full
any installment or installments maturing on the same date, then to the payment
thereof ratably, according to the amounts due thereon to the persons entitled
thereto, without any discrimination or preference.
(iii) Third, to the payment to the persons entitled thereto of the unpaid
principal amounts of any Parity Bonds which shall have become due (other than
Parity Bonds previously called for redemption for the payment of which money is
held pursuant to the provisions hereto), whether at maturity or by proceedings for
redemption or otherwise, in the order of their due dates and, if the amount
available shall not be sufficient to pay in full the principal amounts due on the
same date, then to the payment thereof ratably, according to the principal amounts
due thereon to the persons entitled thereto, without any discrimination or
preference.
(e) Duties and Obligations of Bondowners’ Trustee. The Bondowners’ Trustee shall
not be liable except for the performance of such duties as are specifically set forth herein.
During an Event of Default, the Bondowners’ Trustee shall exercise such of the rights and
powers vested in it hereby, and shall use the same degree of care and skill in its exercise, as a
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prudent person would exercise or use under the circumstances in the conduct of his or her own
affairs. The Bondowners’ Trustee shall have no liability for any act or omission to act hereunder
except for the Bondowners’ Trustee’s own negligent action, its own negligent failure to act or its
own willful misconduct. The duties and obligations of the Bondowners’ Trustee shall be
determined solely by the express provisions of this ordinance, and no implied powers, duties or
obligations of the Bondowners’ Trustee shall be read into this ordinance. The Bondowners’
Trustee shall not be required to expend or risk its own funds or otherwise incur individual
liability in the performance of any of its duties or in the exercise of any of its rights or powers as
the Bondowners’ Trustee, except as may result from its own negligent action, its own negligent
failure to act or its own willful misconduct. The Bondowners’ Trustee shall not be bound to
recognize any person as a registered owner of any Bond until his or her title thereto, if disputed,
has been established to its reasonable satisfaction. The Bondowners’ Trustee may consult with
counsel and the opinion of such counsel shall be full and complete authorization and protection
in respect of any action taken or suffered by it hereunder in good faith and in accordance with the
opinion of such counsel. The Bondowners’ Trustee shall not be answerable for any neglect or
default of any person, firm or corporation employed and selected by it with reasonable care.
(f) Suits by Individual Bondowners Restricted. Neither the registered owner nor the
beneficial owner of any one or more of Parity Bonds shall have any right to institute any action,
suit or proceeding at law or in equity for the enforcement of same unless:
(i) an Event of Default has happened and is continuing; and
(ii) a Bondowners’ Trustee has been appointed; and
(iii) such owner previously shall have given to the Bondowners’
Trustee written notice of the Event of Default on account of which such suit,
action or proceeding is to be instituted; and
(iv) the registered owners of 25% in principal amount of the then
outstanding Parity Bonds have made, after the occurrence of such Event of
Default, written request of the Bondowners’ Trustee and have afforded the
Bondowners’ Trustee a reasonable opportunity to institute such suit, action or
proceeding; and
(v) there have been offered to the Bondowners’ Trustee security and
indemnity satisfactory to it against the costs, expenses and liabilities to be
incurred therein or thereby; and
(vi) the Bondowners’ Trustee has refused or neglected to comply with
such request within a reasonable time.
No registered owner or beneficial owner of any Parity Bond shall have any right in any
manner whatever by his or her action to affect or impair the obligation of the City to pay from
the Net Revenue the principal of and interest on such Parity Bonds to the respective owners
thereof when due.
-28- DI.A Page 69 of 177
-29-
Section 26. Ratification. All actions previously taken in accordance with this
ordinance are hereby ratified and confirmed.
Section 27. Effective Date of Ordinance. This ordinance shall take effect and be in
force from and after its passage and five days following its publication as required by law.
PASSED by the City Council and APPROVED by the Mayor of the City of Auburn,
Washington, at a regular open public meeting thereof, this 19th day of February, 2013.
Peter B. Lewis, Mayor
ATTEST:
Danielle Daskam, City Clerk
APPROVED AS TO FORM:
Foster Pepper PLLC, Bond Counsel
PUBLISHED:
DI.A Page 70 of 177
EXHIBIT A – Description of the Improvements
The following Improvements are expected to be funded with proceeds of the Bonds. The
estimates are only estimates at this time. The Improvements shall be carried out in accordance
with the plans and specifications prepared by the City’s engineers and consulting engineers. The
City Council may modify the details of the Improvements where, in its judgment, it appears
advisable if such modifications do not substantially alter the purposes of that system or plan.
Water System
(Estimated Projects Total – $6,684,000)
Location # Project Name Cost Estimate
1 Fulmer Well Field Improvements $1,955,000
2 Well 4 Power & Chlorination 1,199,000
3 Water Repair & Replacements 1,500,000
4 Lakeland Hills Reservoir & Improvements 750,000
5 Water Meter & Billing Improvements 500,000
6 BNSF Utilities Crossing 780,000
Storm Drainage System
(Estimated Projects Total – $4,835,000)
Location # Project Name Cost Estimate
1 Auburn Way South Flooding Phase 2 $1,638,000
2 30th St NE Area Flooding Phase 1 2,697,000
3 BNSF Utilities Crossing 500,000
DI.A Page 71 of 177
EXHIBIT B – Parity Conditions
As set forth in Section 16 of this Ordinance, the City may issue Future Parity Bonds on a
parity with the Bonds and the Outstanding Parity Bonds if and only if the following conditions
are met and complied with at the time of issuance of those proposed Future Parity Bonds:
(a) There shall be no deficiency in the Bond Fund.
(b) The ordinance providing for the issuance of the Future Parity Bonds shall provide
that all assessments and interest thereon that may be levied in any ULID created for the purpose
of paying, in whole or in part, the principal of and interest on those Future Parity Bonds, shall be
paid directly into the Bond Fund, except for any prepaid assessments permitted by law to be paid
into a construction fund or account.
(c) The ordinance providing for the issuance of those Future Parity Bonds shall
provide for the payment of the principal thereof and interest thereon out of the Bond Fund.
(d) The ordinance providing for the issuance of such Future Parity Bonds shall
provide for the deposit into the Reserve Account or a subaccount therein of (i) an amount equal
to the Reserve Requirement for those Future Parity Bonds from the Future Parity Bond proceeds
or other money legally available, or (ii) an Alternate Security (or an amount of cash plus
Alternate Security) equal to the Reserve Requirement for those Future Parity Bonds, or (iii) to
the extent that the Reserve Requirement is not funded from Future Parity Bond proceeds, other
legally available money or Alternate Security at the time of issuance of those Future Parity
Bonds, within five years from the date of issue of the Future Parity Bonds from ULID
Assessments, if any, levied and first collected for the payment of the principal of and interest on
those Future Parity Bonds and, to the extent that ULID Assessments are insufficient, then from
the Net Revenue of the System in five approximately equal annual payments.
(e) The ordinance authorizing the issuance of such Future Parity Bonds shall provide
for the payment of mandatory redemption or sinking fund requirements into the Bond Fund for
any Term Bonds to be issued and for regular payments to be made for the payment of the
principal of such Term Bonds on or before their maturity, or, as an alternative, the mandatory
redemption of those Term Bonds prior and up to their maturity date from money in the Principal
and Interest Account.
(f) There shall be on file with the City either:
(i) A certificate from an Independent Utility Consultant showing that
in his or her professional opinion, based on any 12 consecutive calendar months
out of the immediately preceding 24 calendar months, the Net Revenue of the
System (together with any ULID Assessment collections) shall be equal to the
Coverage Requirement for each year thereafter. The certificate, in estimating the
Net Revenue of the System available for debt service, may adjust Net Revenue of
the System to reflect:
(1) Any changes in rates in effect and being charged or expressly
committed by ordinance to be made in the future;
(2) Income derived from customers of the System who have become
customers during the 12 consecutive month period or thereafter
adjusted to reflect one year’s net revenue from those customers;
B-1
DI.A Page 72 of 177
B-2
(3) Income from any customers to be connected to the System who
have paid the required connection charges;
(4) The Independent Utility Consultant’s estimate of the Net Revenue
of the System to be derived from customers anticipated to connect
for whom new building permits have been issued;
(5) The Independent Utility Consultant’s estimate of the Net Revenue
of the System to be derived from customers with existing homes or
buildings which will be required to connect to any additions to and
improvements and extensions of the System constructed and to be
paid for out of the proceeds of the sale of the additional Future
Parity Bonds or other additions to and improvements and
extensions of the System then under construction and not fully
connected to the facilities of the System when such additions,
improvements and extensions are completed;
(6) Income received or to be received which is derived from any
person, firm, corporation or municipal corporation under any
executed contract for utility service, which revenue was not
included in the historical Net Revenue of the System; and
(7) Any increases or decreases in Net Revenue as a result of any actual
or reasonably anticipated changes in Maintenance and Operation
Expense subsequent to the 12-month period.
(ii) In lieu of the certificate of an Independent Utility Consultant as
described in paragraph (f)(i), there may be on file from the City Finance Director,
a certificate showing that in his or her professional opinion, based on any 12
consecutive calendar months out of the immediately preceding 24 calendar
months, and without the adjustments described in subparagraphs (1) through (7),
above, the Net Revenue of the System shall be equal to the Coverage
Requirement for each year thereafter.
No certificate provided for in this paragraph (f) shall be required in
connection with the issuance of a bond issue if the amount of bonds proposed to
be issued does not exceed the ULID Assessments levied in support of such bond
issue by more than $5,000 plus any amount of the proceeds of such bonds
deposited in the Reserve Account as capitalized reserve. Furthermore, if the
Future Parity Bonds proposed to be so issued are for the sole purpose of refunding
outstanding Parity Bonds, no such certification of coverage shall be required if the
Annual Debt Service in each year for the refunding bonds is not increased by
$5,000 over the amount required for the bonds to be refunded thereby and the
maturities of those refunding bonds are not extended beyond the maturities of the
bonds to be refunded thereby.
DI.A Page 73 of 177
CERTIFICATION
I, the undersigned, City Clerk of the City of Auburn, Washington (the “City”), hereby
certify as follows:
1. The attached copy of Ordinance No. 6451 (the “Ordinance”) is a full, true and correct
copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the
regular meeting place thereof on February 19, 2013, as that ordinance appears on the minute
book of the City; and the Ordinance will be in full force and effect five days after publication in
the City’s official newspaper; and
2. A quorum of the members of the City Council was present throughout the meeting
and a majority of those members present voted in the proper manner for the passage of the
Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of February, 2013.
CITY OF AUBURN, WASHINGTON
_____________________________________
Danielle Daskam, City Clerk
DI.A Page 74 of 177
AGENDA BILL APPROVAL FORM
Agenda Subject:
King County Solid Waste Interlocal Agreement
Date:
January 28, 2013
Department:
Finance
Attachments:
Memo
Non binding Statement
ILA Term Sheet
Map
FAQ
Redline comparison 1988 ILA
Amended ILA
Budget Impact:
$0
Administrative Recommendation:
For discussion only, City Council to review and approve KC Solid Waste Interlocal
Agreement by April 30, 2013.
Background Summary:
The King County Solid Waste system was formed in 1988 when cities signed the 1988
Solid Waste lnterlocal Agreement (1988 ILA) for a 40-year term. Individual cities contract
or provide for collection of garbage and recycling, and the King County Solid Waste
Division (SWD) provides for the transfer, disposal and recycling services. In addition, the
SWD operates the transfer stations and the Cedar Hills landfill where the system's
garbage is disposed. System rates are developed by SWD staff and reviewed by a City
member advisory committee (the Metropolitan Solid Waste Management Advisory
Committee - MSWMAC), but final approval rests with the King County Council, which
acts as the utility board.
The County serves as the regional planning authority for solid waste, and as such, is
designated to prepare the County Comprehensive Solid Waste Management Plan
(Comprehensive Plan). The Comprehensive Plan provides the policy and vision for
management of the region's solid waste for the next twenty years, with a focus on the
next six years and contains policies and strategies for, among others, the transfer
system and landfill management and solid waste disposal. The SWD is in process of
updating the Comprehensive Plan adopted in 2002 (placed on hold during ILA
negotiations), which will continue in 2013.
In 2004, the County Council adopted Ordinance 14971, which amended the timing for
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 75 of 177
waste export planning and prioritized evaluation of the transfer station network as an
integral part of the waste export system plan. Projections at the time identified Cedar
Hills Landfill closing in 2012, which necessitated the need to plan for alternative disposal.
It also established a process for collaborative participation by the cities in solid waste
transfer and waste export system planning. This led to the formation of the cities
advisory group, MSWMAC, made up of the county and all cities party to the ILA.
That effort led to the passage of The 2007 Solid Waste Transfer and Waste Export
System Plan (The Plan), which identified the future of the system, and called for the
existing transfer stations to be rebuilt and upgraded to allow for the future of waste
export to account for the planned closure of the Cedar Hills Landfill. The current
Comprehensive Plan policy states that the SWD will contract for disposal through rail
transport when the Cedar Hills Landfill reaches capacity; however the draft
Comprehensive Plan calls for the consideration of other disposal or conversion
technologies such as waste-to-energy. The Plan also identified issues of governance
that needed to be addressed in any future amendment to the existing 1988 ILA, including
host city mitigation, dispute resolution, framework for developing financial policies, and
officially designating MSWMAC as the official advisory group in the ILA.
SWD has begun to implement The Plan, first opening the rebuilt Shoreline Transfer
Station in 2007, and more recently the Bow Lake Transfer Station in 2012. However, the
Bow Lake Transfer Station construction has been funded through short-term financing,
and the County is planning on issuing long-term bonds in April 2013. SWD and
MSWMAC began discussing the potential of amending the 1988 ILA in 2010 to
accommodate issuing longer term (20 year) bonds for construction of Bow Lake and the
remaining transfer stations. As the 1988 ILA expires in 2028, without an extension, bond
financing terms would be much shorter (15 years maximum), which requires a much
higher annual repayment cost.
SWD, county executive staff, and select city staff have been negotiating an agreement
for the past two years that provides an extension to account for at least 20-year bonds,
addresses governance issues, reflects changing environmental laws, mitigates liability
risks to all parties, and provides for a process to address the future system when the
Cedar Hills Landfill closes (projected presently to close in 2025).
In order to develop financial policies identified in the 2013 ILA that will affect the next rate
study, the County needs each City to act on the 2013 ILA by April 30, 2013.
DISCUSSION
The Amended and Restated Solid Waste lnterlocal Agreement (2013 ILA) provides
greater accountability, transparency, simplicity, and durability to address the long term
needs of the system.
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 76 of 177
There are a number of significant changes to the 2013 ILA, given that the previous
agreement was signed in 1988 when environmental laws were different, and was prior to
the formation of the SWD within King County. Prior to that point, the utility was operated
through the county's general fund and projects were funded through a combination of
rates and general fund revenues; the utility formation created the solid waste enterprise
fund where funds cannot be co-mingled with general funds.
The main reason to initially re-open the 1988 ILA was to provide sufficient time to bond
for construction of the transfer stations, as the County plans to issue revenue bonds
backed by utility rates. The County (and the SWD) requires signed ILA's at least equal to
the life of the bonds to satisfy the bond market with guaranteed revenue to repay the
bonds (through ratepayers). Since the agreement needed to be extended, MSWMAC
provided direction to consider the governance issues identified in The Plan (as noted in
above background information), and to confirm the Solid Waste Comprehensive Plan
ratification process where MSWMAC provides input in advance of County Council action.
Additionally, as the proposed ILA will surpass useful life of Cedar Hills Landfill (projected
2025 closure), negotiations staff felt that the ILA needed to recognize the process and
timeline for deciding the future of the landfill. Through the negotiation process, additional
issues were identified that required updating or adding to the agreement such as Cedar
Hills rent, clarifying the use of system rates for grants, and liability provisions.
However, there are a number of components to the system that will not change. The
County Council still functions as the 'utility board' and makes the final decision on utility
rates. The County's general fund will continue to charge rent to the SWD for the Cedar
Hills Landfill, as the landfill is owned by the general fund but operated by the SWD. In
addition, the Solid Waste Comprehensive Plan process remains the policy setting
document for solid waste issues (not the ILA), and the ratification process remains the
same for approving the comprehensive plan.
Below is a select list of the key terms of the 2013 ILA Term Sheet, and attached is a
Term Sheet which provides a synopsis of all items included with a brief description of the
recommended changes.
Select Key Improvements of 2013 ILA
Contract Term & Cedar Hills Landfill Closure
Contract Term - The 2013 ILA extends the agreement 12.5 years through December
2040, which allows for long-term financing of at least 20 years for each transfer station.
Cities were concerned about committing long-term (20 to 30 plus years) without knowing
the solution after Cedar Hills closes, as there are significant policy and financial
considerations that accompany that decision. The agreement strikes a balance between
not extending the agreement and realizing lower financing costs but significantly higher
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 77 of 177
rates in the short term (e.g. 15 years or less); and extending the agreement much longer
(e.g. 30 years), realizing lower rates but paying significantly more interest over time.
The ILA also includes the commitment by the County to implement The Plan, including
improvements to the transfer stations and that the County will primarily utilize long-term
bonds to finance those improvements.
Early Termination - The 2013 ILA doesn't allow for early termination, as the cost to an
individual city repaying its share of the transfer system upgrades is so expensive that no
city would choose to exercise this option.
Cedar Hills Landfill Closure - Instead, the ILA recognizes that whichever the option
identified through the Comprehensive Plan process for disposal post-Cedar Hills
(projected in 2025), a significant investment in infrastructure is required (e.g. intermodal
facility for rail transport or a waste-to-energy plant), and the ILA would need to be
extended at that time to finance those infrastructure investments. Planning for post
Cedar Hills would begin seven years prior to closure, through the Comprehensive Plan
review process which includes working with MSWAC and other parties on post-closure
solutions. Once the preferred option is established, the ILA would need to be extended to
provide the necessary bond term. If the ILA is not extended, the SWD is committed to
providing waste options (likely rail export) for the remainder of the contract.
Governance & Solid Waste Comprehensive Plan
MSWAC - The role of MSWAC is memorialized in the agreement as the Metropolitan
Solid Waste Advisory Committee (MSWAC), including retaining its existing structure and
operations, which is stronger than its current existence in county code. MSWAC will offer
recommendations to the Executive, County Council, and other entities on issues relating
to solid waste such as the Solid Waste Comprehensive Plan.
Solid Waste Comprehensive Plan - the ILA confirms the current practice that the County
Council acts to approve the plan subject to ratification by cities, mirroring the existing
Countywide Planning Policies process. This includes utilizing the Comprehensive Plan
process to determine the post-closure solution for Cedar Hills Landfill.
Other Items
Grants - the ILA confirms that grants to cities are a permissible use of system revenues.
Mitigation - the ILA acknowledges that solid waste facilities are regional and that host
and neighboring cities may sustain impacts, for which there are three types of mitigation:
a) when new facilities are sited; b) operational mitigation for existing facilities (such as
litter control); and c) direct impacts, for which a city can charge the SWD.
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 78 of 177
Cedar Hills Landfill Rent - ILA acknowledges that rent will be charged by the county, and
clarifies how and when rent will be assessed.
Financial Policies - clarifies the county will develop financial policies, developed through
discussion with MSWAC.
Dispute Resolution - updates the dispute resolution process with provisions used in other
multi-party County ILAs.
Liability - the ILA provides that the mitigation of risk is a system cost, and should protect
all parties' respective general funds from environmental liability to the extent possible
(both the County and cities). Provides the requirement that the system 1) purchase
liability insurance, if feasible; 2) establish and maintain a reserve fund from disposal
rates to cover liability; and 3) designates the use of disposal rates, to the extent possible,
to cover system liability if necessary.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development, Public Works
Councilmember:Staff:Coleman
Meeting Date:February 4, 2013 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 79 of 177
Page 1 of 1
Interoffice Memorandum
To: Mayor Pete Lewis
Council Members
From: Shelley Coleman, Finance Director
CC:
Date: January 25, 2013
Re: Solid Waste Interlocal Agreement Negotiations
Attached in this packet is the amended ILA for your review. This agreement has
been negotiated by the Sound Cities and King County over the last 7 months.
Unfortunately there is no room for any changes to this amended and restated
agreement as it has been through legal review of all the involved cities as well as
King County.
DI.B Page 80 of 177
December 28, 2012
TO: The Honorable Pete Lewis, Mayor
City of Auburn
RE: Request for Non-Binding Statement of Interest in signing an Amended and Restated Solid
Waste Interlocal Agreement by January 31, 2013
We are requesting a non-binding statement from each City as to whether you are interested in
signing the Amended and Restated Solid Waste Interlocal Agreement. To accomplish this, we are
asking that a representative of the City complete the form below, indicating which option best
reflects the City’s position at this time, and email it to me by close of business January 31, 2013.
Again, this is non-binding, but will assist the County in planning.
Please respond by completing the information below:
City of Auburn Non-Binding Statement of Interest with Respect to Entering into the Amended
and Restated Solid Waste Interlocal Agreement.
It is likely that my City will sign the Amended and Restated Solid Waste Interlocal
Agreement.
It is not likely that my City will sign the Amended and Restated Solid Waste Interlocal
Agreement.
My Name/Title: Date:
If you have any questions about the attached materials, please call or email me at 206-296-4385
or pat.mclaughlin@kingcounty.gov.
cc: Shelley Coleman, Finance Director, City of Auburn
Rich Wagner, Councilmember, City of Auburn
Bill Peloza, Councilmember, City of Auburn
Joan Nelson, Recycling Coordinator, City of Auburn
Deanna Dawson, Executive Director, Suburban Cities Association
Diane Carlson, Director of Regional Initiatives, King County Executive Office
Christie True, Director, Department of Natural Resources & Parks (DNRP)
Kevin Kiernan, Assistant Division Director, Solid Waste Division (SWD), DNRP
Diane Yates, Intergovernmental Liaison, SWD, DNRP
DI.B Page 81 of 177
Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
ILA Term Sheet
King County Solid Waste Division Page 1 of 5 December 21, 2012
Accountability
Transparency
Durability: address long-term needs
Simplicity
Part I: Contract Term, Capital Financing, and Ability to Terminate Agreement in Advance
Contract Term ILA is extended 12.5 years, through December 2040.
As of June 2012, there would be 28.5 years remaining on the contract.
Bond Term
How long could the financing
term be for bonds funding
the Transfer Station
improvement plan?
20 to 28 years, depending on when each series of bonds to finance the transfer
station projects is issued.
Disposal Fees (tonnage
rates)
Significantly lower cost per ton is possible as compared to the “no extension” option
The longer the term, the higher the total price paid for the improvements (more
interest paid).
Negotiated ILA Extension An ILA extension is likely to be necessary at some point during the term of the
amended ILA in order to accommodate a cost-effective long-term disposal solution
after Cedar Hills closes.
The ILA will include language describing the parties’ intent to enter into negotiations
to extend the ILA before Cedar Hills closes, but after such time as the region has
made a decision on the long-term disposal option; that decision will require
amending the Comprehensive Solid Waste Management Plan (CSWMP). The parties
could choose to begin the negotiations before ratification of the CSWMP
amendment is complete.
The amended ILA cannot compel either party to agree to a future extension of the
term.
If Cedar Hills closes on
schedule (2025), what
happens if the ILA is not
extended again?
The County would have to provide disposal at another location for 15 years (2025
through 2040). The City will continue to be part of the County system during that
time. This is a relatively short time period and as a result the assumption is that
costs would likely be considerably more expensive than disposal at Cedar Hills.
Early Termination
Will cities have the ability to
terminate the ILA early?
No.
If a city has the ability to terminate the ILA early, the County will, in exchange, need
to be able to recoup from that city, at a minimum, all the debt service costs
associated with the terminating city’s share of the transfer station system upgrades.
Not included because the cost of prepaying debt service for a city’s share of transfer
station system improvements is likely to be so expensive that no city would choose
DI.B Page 82 of 177
Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
ILA Term Sheet
King County Solid Waste Division Page 2 of 5 December 21, 2012
to exercise this option. It would imply the city would prepay for a 50-year asset
after a few years, and, the terminating city would not be assured of having access to
the system assets after leaving.
What if some cities don’t
agree to extend the ILA?
Non-extending cities would be in a different customer class than extending cities.
Non-extending cities would be charged rates to ensure their portion of transfer
station debt is fully repaid by June 2028. As a result, their rates would be $7-$9 per
ton higher than for cities extending the ILA.
Part 2: Governance
Cities Advisory Committee
The Cities advisory committee (MSWMAC) is memorialized within the ILA as the
Metropolitan Solid Waste Advisory Committee (MSWAC). Its structure and
operations are no longer controlled by County Code. It has the same composition,
same rules as today:
Each city may appoint a delegate and alternates to MSWAC.
MSWAC retains its existing responsibilities.
MSWAC will elect a chair and vice-chair, and adopt its own bylaws.
MSWAC will be staffed by the County.
MSWAC remains an advisory body. It will coordinate with the Solid Waste
Advisory Committee (SWAC) and provide advice to SWAC as it deems
appropriate. MSWAC will also provide recommendations to the County
Executive, County Council, and other entities.
The County agrees to consider and respond on a timely basis to questions and issues
from MSWAC, including but not limited to development of efficient and accountable
billing practices.
Regional Policy Committee
(RPC)
The role of the RPC is not affected by the amended and restated ILA. The RPC will
retain its current charter role in acting on Comprehensive Solid Waste Management
Plan (CSWMP) amendments and financial policies. Its existing responsibilities as the
Solid Waste Interlocal Forum will continue through the end of the current ILA in
June 2028. After 2028 those responsibilities will go to the RPC.
Part 3: Comprehensive Solid Waste Management Plan
Process
The CSWMP is reviewed and
amended as needed. Several
years before the Cedar Hills
Landfill closes, the CSWMP
will be amended to include
language defining the
regional disposal option.
The ILA will confirm current practice that the County Council acts to approve the
CSWMP subject to ratification, in the same way that Countywide Planning Policies
are now first approved by the County and then subject to ratification.
The County will act after seeking input from MSWAC, among others.
Once the County action is effective, the ratification period would run for 120 days.
DI.B Page 83 of 177
Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
ILA Term Sheet
King County Solid Waste Division Page 3 of 5 December 21, 2012
Ratification Requirement
The current ILA requires that
jurisdictions representing
75% of the contract city
population must approve
CSWMP changes. The 75% is
determined based on those
cities taking a position.
The negotiating team considered modifying the ratification requirement. Because
of the difficulties of administering two different ratification processes if some cities
extend and others do not, the current process was left unchanged. It has been used
several times over the term of the agreement without significant problems.
Part 4: Other Issues
Parties Obligations to
Communicate
The parties will endeavor to notify each other in the event of the development of
any plan, contract, dispute, use of environmental liability funds or other solid waste
issue that could have potential significant impacts on the City and/or Cities, the
County and/or the regional solid waste system.
Emergency Planning The County and the cities will coordinate on the development of emergency plans
related to solid waste, including but not limited to debris management.
Grants The ILA will include a provision confirming that grants to cities in support of
programs that benefit the Solid Waste system are a permissible use of system
revenues.
Mitigation The ILA will acknowledge that solid waste facilities are regional facilities and host
cities and neighboring cities may sustain impacts for which there are three types of
mitigation:
1. When new facilities are sited, or existing facilities are reconstructed, mitigation
will be determined with advance input from host communities and neighboring
cities, and per state law. The County will collaborate with potential host cities
and neighboring cities in advance of both the environmental review and
permitting processes, including seeking advance input from such cities as to
potential impacts that should be addressed in scoping of environmental
studies/documents, or in developing permit applications.
2. With respect to existing facilities, the County will continue the full range of
operational mitigation activities required under law (odor and noise control,
maintenance, litter cleanup, etc.).
3. The ILA will recognize the rights of cities to charge the County for direct impacts
from operations consistent with State law (RCW 36.58.080). Cities that believe
they are entitled to such mitigation may request the County undertake technical
studies to determine the extent of such impacts; the County will undertake
analysis it determines is reasonable and appropriate. The costs of such studies
will be System costs. Dispute resolution would occur per the state statute
provision, rather than the ILA dispute resolution provisions.
Cities retain their full regulatory authority with respect to design, construction or
operation of facilities within their jurisdiction.
DI.B Page 84 of 177
Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
ILA Term Sheet
King County Solid Waste Division Page 4 of 5 December 21, 2012
Cedar Hills Landfill Rent
The County began leasing the
Cedar Hills Landfill from the
state in 1960 at a time when
the solid waste function was
still part of County General
Fund operations. Throughout
the ‘60s, ‘70s and into the
‘80s, the solid waste system
was operated as part of the
General Fund through a mix
of County General Fund
monies and solid waste fees.
In 1983, the County formally
began the effort to transform
the solid waste system from
a General Fund operation to
a self-sustaining utility
enterprise, fully funded from
system revenues-- primarily
tipping fees charged at the
Cedar Hills Landfill. The
Landfill was acquired by the
General Fund from the state
in 1992 and remains a
General Fund asset. The
General Fund began charging
the Division for the use of
this asset in 2004.
The ILA will acknowledge that rent is charged to the Division for use of the Cedar
Hills Landfill, and clarify how the rent will be determined.
The County will continue to charge the Solid Waste System rent for use of the Cedar
Hills Landfill. The Landfill is a General Fund asset.
The ILA will ensure that Landfill rent will be based on third party professional
valuations using accepted MAI valuation principles. Cities will have input into the
selection of the appraiser and will have an opportunity to review and comment on
data inputs provided by the System to the appraiser for purposes of conducting the
appraisal.
The December 2011 appraisal setting the rent value for the period from 2013
through 2025 (the current estimated end of the Landfill’s useful life) will be adjusted
downward to ensure that the System is not charged for Landfill capacity that was
included and paid for by the System per the previous (2004) appraisal. The same
adjustment will be made with respect to any future appraisal.
The ILA will define a clear process by which the value of Cedar Hills to the Division,
and the associated rent, may be revalued during the Agreement, and will ensure
engagement of MSWAC in that process.
Rent costs are an operating cost to the Division that will be incorporated into solid
waste rates. MSWAC will have input on all rate proposals, as well as the specific
schedule of rent payments derived from the new appraisal.
The County will commit to not charge General Fund rent for any transfer station
property now in use, and will not charge General Fund rent for assets acquired in
the future solely from System revenues. Assets owned by other County funds (e.g.,
the Roads Division, or other funds) will be subject to rent (and vice versa). Any
revenue generated from System owned assets will be treated as revenues of the
System.
Financial Policies The County will develop financial policies to guide the Division’s operations and
investments. The policies will address debt issuance, cost containment, reserves,
asset ownership and use, and other financial issues. The policies will be developed
through discussion with MSWAC, RPC, the County Executive and the County Council.
Such policies will periodically be codified at the same time as CSWMP updates, but
may be adopted from time to time as appropriate outside the CSWMP update cycle.
Dispute Resolution The ILA will replace the current dispute resolution provisions involving State DOE
(State DOE is not willing to serve the role ascribed to it in the current ILA) with more
standard provisions, similar to those used in other multi-party County ILAs. In event
of a dispute, the first step will be for staff from the parties to meet. If the issue is
not resolved, then the City Manager/Administrator from the city(ies) and the
County Executive will meet. If the issue is still not resolved, non-binding mediation
may be pursued if any party so chooses, prior to pursuing formal legal action. All
cities will be notified of disputes at each step, and may join the dispute if they so
choose. Costs of mediation will be split, with the cities (all those participating in the
matter) paying half of the costs and the County paying half of the costs.
DI.B Page 85 of 177
Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
ILA Term Sheet
King County Solid Waste Division Page 5 of 5 December 21, 2012
Liability SCA Principles as agreed to by Executive Constantine form the basis for the
Environmental Liability section. The County and the Cities agree that System-related
costs, including environmental liabilities, should be funded by System revenues
which include but are not limited to insurance proceeds, grants and rates. A
protocol for payment of liabilities if and when they arise is established including:
Insurance, if commercially available with cities as additional insured
Any reserves established for environmental liability shall survive for 30 years
after the closure of the Cedar Hills Landfill.
Grants to the extent available
Developing a financial plan including a rate schedule in consultation with MSWAC
Specific language is included indicating it is the intent of the parties to protect their
general funds from Environmental Liabilities to the greatest extent feasible.
Severability Team agreed not to include a severability section. Effect is that in the event one
section of the contract is found to be invalid the Parties will need to meet to discuss
how to remedy the issue
Survivability No obligations of the agreement shall survive the expiration of the contract except
portions of the liability section including:
A three year obligation for tort related operational liability
Any insurance in effect at the end of the agreement shall continue for the
term of the policy
Reserve fund is retained for 30 years following Cedar Hills closure
Flow Control Language in Section 6.2 is simplified to state “The City shall cause to be delivered to
the County disposal system…” It does not specify what means the City shall use to
accomplish this.
County Commitment to
Transfer Station Plan
Section 6.1.g is amended to state “The County shall provide facilities and services
pursuant to the Comprehensive Solid Waste Management Plan and the Solid Waste
Transfer and Waste Management Plan as adopted…”
Long-Term Bonds Section 6.1.f includes “The County shall primarily use long term bonds to finance
transfer system improvements.” This recognizes that in the past these
improvements have been partially funded by cash. This section also includes a
commitment to develop, through discussions with MSWAC, financial policies.
DI.B Page 86 of 177
Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
System Map
King County Solid Waste Division December 21, 2012
DI.B Page 87 of 177
Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
Frequently Asked Questions
King County Solid Waste Division December 21, 2012
1. What is the timeframe for Cities to adopt the new ILA?
By mid-2014 the Solid Waste Division will propose rates for the 2015/16 rate period. Financial
policies developed in collaboration with the Metropolitan Solid Waste Advisory Committee will
inform the rate study. To allow sufficient time to develop those policies and complete the rate
study, the County needs each City to act on the ILA by April 30, 2013.
2. What is the purpose of the non-binding statement of interest?
The County is asking each City to provide a non-binding statement of interest that indicates
likely participation in the new ILA by January 31, 2013. This information will be helpful to the
County as it moves forward with a variety of planning efforts, including updating the Draft
Comprehensive Solid Waste Management Plan.
3. What are the capital project financing needs in 2013 and 2014?
Presently, the division has $75 million in Bond Anticipation Notes (BANs) that will expire on
February 28, 2012. Those BANs will be converted to long-term bonds. Later in 2013, an
additional $13 million will be required for anticipated capital project expenditures. In 2014, it is
anticipated that $35 million will be needed.
4. How does City participation in the new ILA affect capital project financing?
Financing for transfer system capital improvements will be primarily by long-term bonds.
Ensuring adequate revenue to repay the bonds is critical and that revenue is directly dependent
on City participation in the system. If enough cities sign the extended ILA, the County will issue
bonds of 20 years or longer (out to 2040), which will mean lower per ton fees. Conversely, if
cities do not choose to extend the ILA, bonds will only be issued out to 2028, which will increase
rates. A mix of longer and shorter bonds may be possible if some cities extend the ILA and
others do not.
5. What are the implications for a City that chooses not to sign the new ILA?
Cities that choose to remain with the original ILA that expires in 2028 will pay rates that include
the additional amount needed to pay for the shorter bonds. The additional amount will be in
the range of $7 to $9 per ton. Cities that choose to remain with the original ILA will also not
receive the benefits of the new ILA, including those related to potential environmental liability.
6. How long do cities have to adopt the new ILA?
In order to move forward with development of financial policies that will inform the 2015/16
rate period and other planning efforts, the County needs each City by April 30, 2013 to decide
whether to sign the new ILA.
7. How would insurance coverage and liability reserves be established?
The insurance coverage and liability reserves provided for under the new ILA would be
established based on what is commercially available and determined appropriate in consultation
with the Metropolitan Solid Waste Advisory Committee (MSWAC - note that the name of this
committee changes in the new ILA from the Metropolitan Solid Waste Management Advisory
Committee or MSWMAC).
DI.B Page 88 of 177
Amended and Restated Solid Waste Interlocal Agreement
between King County and Cities
Frequently Asked Questions
King County Solid Waste Division December 21, 2012
8. Does this ILA lock Cities into the current Transfer System Plan?
No. In the new ILA the County commits to provide facilities and services pursuant to adopted
plans. The ILA also acknowledges that plans for transfer station improvements may be modified.
9. How does the ILA relate to the comprehensive solid waste management plan?
The ILA provides a framework for Cities and the County to work collaboratively to maintain and
update the comprehensive solid waste management plan and for adoption of the plan. Specific
policies, plans, and strategies are not included in the ILA.
10. What about disposal after Cedar Hills closes?
The ILA provides a framework for Cities and the County to plan for disposal post-Cedar Hills. At
least seven years before the date that the landfill is projected to close, the County will seek
advice and input from MSWAC and others on disposal alternatives.
11. Does the new ILA address Cedar Hills landfill rent?
The ILA establishes a clear process for rent for Cedar Hills, limiting when rental payments can be
changed, requiring a certified appraisal process be followed, and seeking review and comment
from the Cities. It clearly states that the solid waste system shall not pay rent to the general
fund for use of other county properties for transfer stations.
12. What if my City has more questions about this new ILA?
If you have any questions or would like to schedule a briefing, please call or email Pat
McLaughlin at 206-296-4385 or pat.mclaughlin@kingcounty.gov.
DI.B Page 89 of 177
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AMENDED AND RESTATED SOLID WASTE
INTERLOCAL AGREEMENT
This Amended and Restated Solid Waste Interlocal Agreement (“Agreement”) is entered
into between King County, a political subdivision of the State of Washington and the City of
, a municipal corporation of the State of Washington, hereinafter referred
to as "County" and "City" respectively. This agreementCollectively, the County and the City are
referred to as the “Parties.” This Agreement has been authorized by the legislative body of each
jurisdiction pursuant to formal action as designated below:
King County: Motion Ordinance No. __________
City: ________________________________________________
PREAMBLE
A. This Agreement is entered into pursuant to Chapterchapter 39.34 RCW for the
purpose of extending, restating and amending the Solid Waste Interlocal Agreement
between the Parties originally entered into in ____ (the “Original Agreement”). The
Original Agreement provided for the cooperative management of solid wasteSolid Waste
in King County. It is the intent for a term of the parties to work forty (40) years, through
June 30, 2028. The Original Agreement is superseded by this Amended and Restated
Agreement, as of the effective date of this Agreement. This Amended and Restated
Agreement is effective for an additional twelve (12) years through December 31, 2040.
DI.B Page 90 of 177
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B. The Parties intend to continue to cooperatively in establishing a solid waste management
plan manage Solid Waste and to work collaboratively to maintain and periodically update
the existing King County Comprehensive Solid Waste Management Plan
(Comprehensive Plan) adopted pursuant to Chapterchapter 70.95 RCW and with
emphasis on .
The Parties continue to support the established priorities for solid waste management of waste
reduction, waste recycling, energy recovery or incineration, and landfilling. The parties
particularly support waste reduction and recycling and shall cooperate to achieve the goals
established by the comprehensive solid waste management plan.
C. The parties acknowledge their intentof Waste Prevention and Recycling as
incorporated in the Comprehensive Solid Waste Management Plan, and to meet or
surpass applicable environmental standards with regard to the solid waste system. Solid
Waste System.
D. The partiesCounty and the Cities agree that equivalentSystem-related costs, including
environmental liabilities, should be funded by System revenues which include but are not
limited to insurance proceeds, grants and rates;
E. The County, as the service provider, is in the best position to steward funds System
revenues that the County and the Cities intend to be available to pay for environmental
liabilities; and
F. The County and the Cities recognize that at the time this Agreement goes into effect, it is
impossible to know what the ultimate environmental liabilities could be; nevertheless, the
County and the Cities wish to designate in this Agreement a protocol for the designation
DI.B Page 91 of 177
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and distribution of funding for potential future environmental liabilities in order to protect
the general funds of the County and the Cities.
G. The County began renting the Cedar Hills Landfill from the State of Washington in 1960
and began using it for Disposal of Solid Waste in 1964. The County acquired ownership
of the Cedar Hills Landfill from the State in 1992. The Cedar Hills Landfill remains an
asset owned by the County.
H. The Parties expect that the Cedar Hills Landfill will be at capacity and closed at some
date during the term of this Agreement, after which time all Solid Waste under this
Agreement will need to be disposed of through alternate means, as determined by the
Cities and the County through amendments to the Comprehensive Solid Waste
Management Plan. The County currently estimates the useful life of the Cedar Hills
Landfill will extend through 2025. It is possible that this useful life could be extended, or
shortened, by System management decisions or factors beyond the control of the Parties.
I. The County intends to charge rent for the use of the Cedar Hills Landfill for so long as
the System uses this general fund asset and the Parties seek to clarify terms relative to the
calculation of the associated rent.
J. The County and Cities participating in the System have worked collaboratively for
several years to develop a plan for the replacement or upgrading of a series of transfer
stations. The Parties acknowledge that these transfer station improvements, as they may
be modified from time-to-time, will benefit Cities that are part of the System and the
County. The Parties have determined that the extension of the term of the Original
Agreement by twelve (12) years as accomplished by this Agreement is appropriate in
DI.B Page 92 of 177
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order to facilitate the long-term financing of transfer station improvements and to
mitigate rate impacts of such financing.
A.K. The Parties have further determined that in order to equitably allocate the benefit
to all System Users from the transfer station improvements, different customer classes
should receive equivalent basic servicesmay be established by the County to ensure
System Users do not pay a disproportionate share of the cost of these improvements as a
result of a decision by a city not to extend the term of the Original Agreement.
L. The Parties have further determined it is appropriate to strengthen and formalize the
advisory role of the Cities regarding System operations.
The Parties agree as follows:
I. DEFINITIONS
For purposes of this Agreement the following definitions shall apply:
"Basic Services" “Cedar Hills Landfill” means services providedthe landfill owned and
operated by the County located in southeast King County Department of Natural Resources, .
“Cities” refers to all Cities that have signed an Amended and Restated Solid Waste
Division, including the management and handling of solid waste.Interlocal Agreement in
substantially identical form to this Agreement.
DI.B Page 93 of 177
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"Comprehensive Solid Waste Management Plan" or “Comprehensive Plan” means the
comprehensive planComprehensive Solid Waste Management Plan, as approved and amended
from time to time, for solid waste managementthe System, as required by RCWchapter
70.95.080 RCW.
"Designated Interlocal Forum" means a group formed pursuant to the Forum Interlocal
Agreement comprised of representatives of unincorporated King County designated by the King
County Council, representatives of the City of Seattle designated by the City of Seattle, and
representatives of other incorporated cities and towns-within King County that are signators to
the Forum Interlocal Agreement.
“County” means King County, a Charter County and political subdivision of the State of
Washington.
"Disposal" means the final treatment, utilization, processing, deposition, or incineration
of solid wasteSolid Waste but shall not include waste reductionWaste Prevention or waste
recyclingRecycling as defined herein.
"Diversion" “Disposal Rates” means the directing or permittingfee charged by the County to
System Users to cover all costs of the System consistent with this Agreement, all state, federal
and local laws governing solid waste and the Solid Waste Comprehensive Plan.
"Divert" means to direct or permit the directing of solid wasteSolid Waste to
disposalDisposal sites other than the disposalDisposal site(s) designated by King County.
DI.B Page 94 of 177
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"Energy/Resource Recovery" means "the recovery of energy in a usable form from mass
burning or refuse -derived fuel incineratorincineration, pyrolysis or any other means of using the
heat of combustion of solid wasteSolid Waste that involves high temperature (above 1,200
degrees F) processing.".
(WACchapter 173-304-.350.100 WAC).
"Landfill" means "a disposalDisposal facility or part of a facility at which wasteSolid
Waste is placed in or on land and which is not a land treatment facility." (RCW 70.95.030).
“Metropolitan Solid Waste Advisory Committee” or “MSWAC” means the advisory
committee composed of city representatives, established pursuant to Section IX of this
Agreement.
"Moderate Risk Waste" means "(a) anywaste that is limited to conditionally exempt small
quantity generator waste that exhibits any of the characteristics of and household hazardous
waste but is exempt from regulation under this as those terms are defined in chapter solely
because173-350 WAC, as amended.
“Original Agreement” means the Solid Waste Interlocal Agreement first entered into by
and between the Parties, which is amended and restated by this Agreement. “Original
Agreements” means collectively all such agreements between Cities and the County in
substantially the same form as the Original Agreement.
DI.B Page 95 of 177
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“Parties” means collectively the County and the City or Cities.
"Recycling" as defined in chapter 70.95.030 RCW, as amended, means transforming or
remanufacturing waste is generated in quantities below the thresholdmaterials into usable or
marketable materials for regulation and (b) any household wastes which are generated from the
disposaluse other than landfill Disposal or incineration.
“Regional Policy Committee” means the Regional Policy Committee created pursuant to
approval of substances identified by the department as hazardous household substances." (RCW
70.105.010)the County voters in 1993, the composition and responsibilities of which are
prescribed in King County Charter Section 270 and chapter 1.24 King County Code, as they now
exist or hereafter may be amended.
"Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes,
including but not limited to garbage, rubbish, ashes, industrial wastes, swill, commercial waste,
sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and
contaminated soils and contaminated dredged materials, discarded commodities and recyclable
materials, but shall not include dangerous, hazardous, or extremely hazardous waste. as those
terms are defined in chapter 173-303 WAC, as amended; and shall further not include those
wastes excluded from the regulations established in chapter 173-350 WAC, more specifically
identified in Section 173-350-020 WAC.
DI.B Page 96 of 177
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"System" means "Solid Waste Advisory Committee" or "SWAC" means the inter-
disciplinary advisory forum or its successor created by the King County's system of solid
wasteCounty Code pursuant to chapter 70.95.165 RCW.
“System” includes King County’s Solid Waste facilities used to manage Solid Wastes
which includes but is not limited to transfer stations, rural and regionaldrop boxes, landfills,
recycling systems and facilities, energy/ and resource recovery, facilities and processing facilities
as authorized by RCWchapter 36.58.040, RCW and as established pursuant to the approved King
County Comprehensive Solid Waste Management Plan.
"Waste Recycling" means "reusing waste materials and extracting valuable materials from a
waste stream." (RCW 70.95.030)
“System User” or “System Users” means Cities and any person utilizing the County’s
System for Solid Waste handling, Recycling or Disposal.
"Waste ReductionPrevention" means reducing the amount or type of waste generated but.
Waste Prevention shall not include reduction of already-generated waste through energy
recovery or incineration. "Landfill" means "a disposal facility or part of a facility at which waste
is placed in or on land and which is not a land treatment facility." (RCW 70.95.030).,
incineration, or otherwise.
II. PURPOSE
DI.B Page 97 of 177
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The purpose of this Agreement is to foster transparency and cooperation between the
Parties and to establish the respective responsibilities of the partiesParties in a solid wasteSolid
Waste management system which includesSystem, including but is not limited to: , planning;
waste reduction; recycling; and disposal of mixed municipal solid waste, industrial waste,
demolition debris and all other waste defined as solid waste by RCW 70.95.030;, Waste
Prevention, Recycling, and moderate risk waste as defined in RCW 70.105.010Disposal. .
III. DURATION
This Agreement shall become effective on as of ___________,
and shall remain in effect through June 30, 2028December 31, 2040.
DI.B Page 98 of 177
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IV. APPROVAL
This Agreement shall be submitted to the Washington State Department of Ecology for
its approval as to all matters within its jurisdiction. This Agreement shall be filed with the City
Clerk, and with the Clerk of the King County Council.
This Agreement will be approved and filed in accordance with chapter 39.34 RCW.
V. REVIEW AND RENEGOTIATION TO FURTHER EXTEND TERM OF AGREEMENT
5.1 Either party may request review and/or renegotiation of any provision of this
Agreement other than those specified in Section 5.2 below during the six-month period
immediately preceding July 1, 2003, which is the fifteenth anniversary of the effective date of
identical agreements executed by a majority of cities in King County with the County and during
the six-month period immediately preceding each succeeding fifth anniversary thereafter. Such
request must be in writing and must specify the provision(s) of the Agreement for which
review/renegotiation is requested. Review and/or renegotiation pursuant to such written request
shall be initiated within thirty days of said receipt.
5.2 Review and/or renegotiation shall not include the issues of system rates and charges,
waste stream control or diversion unless agreed by both parties.
5.3 In the event the parties are not able to mutually and satisfactorily resolve the issues
set forth in said request within six months from the date of receipt of said request, either party
may unilaterally request the Forum to review the issues presented and issue a written
recommendation within 90 days of receipt of said request by the Forum. Review of said request
shall be pursuant to the procedures set forth in the Interlocal Agreement creating the Forum and
pursuant to the Forum's bylaws. The written decision of the Forum shall be advisory to the
parties.
5.4 5.1 The Parties recognize that System Users benefit from long-term
Disposal arrangements, both in terms of predictability of System costs and operations, and the
likelihood that more cost competitive rates can be achieved with longer-term Disposal contracts
as compared to shorter-term contracts. To that end, at least seven (7) years before the date that
DI.B Page 99 of 177
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the County projects that the Cedar Hills Landfill will close, or prior to the end of this Agreement,
whichever is sooner, the County will engage with MSWAC and the Solid Waste Advisory
Committee, among others, to seek their advice and input on the Disposal alternatives to be used
after closure of the Cedar Hills Landfill, associated changes to the System, estimated costs
associated with the recommended Disposal alternatives, and amendments to the Comprehensive
Solid Waste Management Plan necessary to support these changes. Concurrently, the Parties will
meet to negotiate an extension of the term of the Agreement for the purpose of facilitating the
long-term Disposal of Solid Waste after closure of the Cedar Hills Landfill. Nothing in this
Agreement shall require the Parties to reach agreement on an extension of the term of this
Agreement. If the Parties fail to reach agreement on an extension, the Dispute Resolution
provisions of Section XIII do not apply, and this Agreement shall remain unchanged.
5.2 Notwithstanding any other provision in this paragraphAgreement to the contrary,
the partiesParties may, pursuant to mutual written agreement, modify or amend any provision of
this Agreement at any time during the term of said Agreement.
DI.B Page 100 of 177
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VI. GENERAL OBLIGATIONOBLIGATIONS OF PARTIES
6.1 KING COUNTY King County
6.1.a. Management. KingThe County agrees to provide county-wide solid waste
Solid Waste management services, as specified in this Section, for wasteSolid Waste generated
and collected within jurisdictions party to this Agreement. the City, except waste eliminated
through Waste Prevention or waste recycling activities. The County agrees to dispose of or
designate disposalDisposal sites for all solid waste including moderate risk wasteSolid Waste
and Moderate Risk Waste generated and/or collected within the corporate limits of the City
which is delivered to King Countythe System in accordance with all applicable federal, state
Federal, State and local environmental health laws, rules, or regulations., as those laws are
described in Subsection 8.5.a. The County shall maintain records as necessary to fulfill
obligations under this Agreement.
6.1.b. Planning. KingThe County shall serve as the planning authority within
King County for solid waste including moderate risk wasteSolid Waste and Moderate Risk
Waste under this Agreement but shall not be responsible for planning for hazardous or dangerous
any other waste or have any other planning responsibility that is specifically designated by State
or Federal statuteunder this Agreement.
6.1.c. Operation. King County shall be or shall designate or authorize the
operating authority for transfer, processing and disposalDisposal facilities, including public
landfills, waste reduction or recycling and other facilities, and energy/resource recovery
facilitiesconsistent with the adopted Comprehensive Plan as well as closure and post-closure
responsibilities for landfills which are or were operated by Kingthe County.
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6.1.d. Collection Service. KingThe County shall not provide solid wasteSolid
Waste collection services within the corporate limits of the City, unless permitted by law and
agreed to by both partiesParties.
6.1.e. Support and Assistance. KingThe County shall provide support and
technical assistance to the City if the City seeks to establish consistent with the Comprehensive
Solid Waste Management Plan for a waste reductionWaste Prevention and recyclingRecycling
program compatible with the County waste reduction and recycling plan. . Such support may
include the award of grants to support programs with System benefits. The County shall develop
educational materials related to waste reductionWaste Prevention and recyclingRecycling and
strategies for maximizing the usefulness of the educational materials and will make these
available to the City for its use. Although the County will not be required to provide a particular
level of support or fund any City activities related to waste reductionWaste Prevention and
recycling, KingRecycling, the County intends to move forward aggressively to establish waste
reductionpromote Waste Prevention and recycling programsRecycling.
6.1.f. Forecast. The County shall develop wasteSolid Waste stream forecasts in
connection with System operations as part of the comprehensive planning process and assumes
all risks related to facility sizing based upon such forecasts.in accordance with Article XI.
DI.B Page 102 of 177
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6.1.g. Facilities and Services. The County shall provide facilities and services
including waste reduction and recycling shall be provided pursuant to the comprehensive solid
wasteComprehensive Solid Waste Management Plan and the Solid Waste Transfer and Waste
Management plan. All personal as adopted and real property acquired by King County for solid
waste management system purposesSolid Waste stream forecasts.
6.1.h Financial Policies. The County will maintain financial policies to guide
the System’s operations and investments. The policies shall be consistent with this Agreement
and shall address debt issuance, rate stabilization, cost containment, reserves, asset ownership
and use, and other financial issues. The County shall primarily use long term bonds to finance
transfer System improvements. The policies shall be the property of King Countydeveloped
and/or revised through discussion with MSWAC, the Regional Policy Committee, the County
Executive and the County Council. Such policies shall be codified at the same time as the
Comprehensive Plan updates, but may be adopted from time to time as appropriate outside the
Comprehensive Plan process.
6.2 CITY City
6.2.a. Collection. The City, an entity designated by the City or such other entity
as is authorized by state law shall serve as operating authority for solid wasteSolid Waste
collection services provided within the City's corporate limits.
6.2.b. Disposal. The City shall by ordinance designate cause to be delivered to
the County disposal systemCounty’s System for the disposal ofDisposal all solid waste including
moderate risk wastesuch Solid Waste and Moderate Risk Waste which is authorized to be
delivered to the System in accordance with all applicable Federal, State and local environmental
DI.B Page 103 of 177
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health laws, rules or regulations and is generated and/or collected within the corporate limits of
the City and shall authorize the County to designate disposalDisposal sites for the
disposalDisposal of all solid waste including moderate risk wastesuch Solid Waste and Moderate
Risk Waste generated or collected within the corporate limits of the City, except for solid
wasteSolid Waste which is eliminated through waste reductionWaste Prevention or waste
recyclingRecycling activities consistent with the Comprehensive Solid Waste Management Plan.
No solid wasteSolid Waste generated or collected within the City may be divertedDiverted from
the designated disposalDisposal sites without County approval.
6.3 JOINT RESPONSIBILITIES.
6.3.a Consistent with the Parties’ overall commitment to ongoing
communication and coordination, the Parties will endeavor to notify and coordinate with each
other on the development of any City or County plan, facility, contract, dispute, or other Solid
Waste issue that could have potential significant impacts on the County, the System, or the
City or Cities.
6.3.b The Parties, together with other Cities, will coordinate on the development
of emergency plans related to Solid Waste, including but not limited to debris management.
VII. COUNTY SHALL SET DISPOSAL RATES
AND OPERATING RULES FOR DISPOSAL; USE OF SYSTEM REVENUES
7.1 In establishing or amending disposal ratesDisposal Rates for system users, the
CountySystem Users, the County shall consult with MSWAC consistent with Section IX. The
County may adopt and amend by ordinance rates necessary to recover all costs of operationthe
DI.B Page 104 of 177
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System including the but not limited to operations and maintenance, costs offor handling,
processing, disposal and Disposal of Solid Waste, siting, design and construction of facility
upgrades or new facilities, Recycling, education and mitigation, planning, Waste Prevention,
reserve funds, financing, defense and payment of claims, capital improvements, operational
improvements, and theinsurance, System liabilities including environmental releases, monitoring
and closure of landfills which are or were operated by King County. Kingthe County, property
acquisition, grants to cities, and administrative functions necessary to support the System and
Solid Waste handling services during emergencies as established by local, state and federal
agencies or for any other lawful solid waste purpose, and in accordance with chapter 43.09.210
RCW. Revenues from Disposal rates shall be used only for such purposes. The County shall
establish classes of servicecustomers for basic solid wasteSolid Waste management services and
by ordinance shall establish rates for usersclasses of each classcustomers.
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7.2. It is understood and agreed that System costs include payments to the County
general fund for Disposal of Solid Waste at the Cedar Hills Landfill calculated in accordance
with this Section 7.2, and that such rental payments shall be established based on use valuations
provided to the County by an independent-third party Member, Appraisal Institute (MAI)
certified appraiser selected by the County in consultation with MSWAC.
7.2.a A use valuation shall be prepared consistent with MAI accepted principles
for the purpose of quantifying the value to the System of the use of Cedar Hills Landfill for
Disposal of Solid Waste over a specified period of time (the valuation period). The County shall
establish a schedule of annual use charges for the System’s use of the Cedar Hills Landfill which
shall not exceed the most recent use valuation. Prior to establishing the schedule of annual use
charges, the County shall seek review and comment as to both the use valuation and the
proposed payment schedule from MSWAC. Upon request, the County will share with and
explain to MSWAC the information the appraiser requests for purposes of developing the
appraiser's recommendation.
7.2.b Use valuations and the underlying schedule of use charges shall be
updated if there are significant changes in Cedar Hills Landfill capacity as a result of opening
new Disposal areas and as determined by revisions to the existing Cedar Hills Regional Landfill
Site Development Plan; in that event, an updated appraisal will be performed in compliance with
MAI accepted principles. Otherwise, a reappraisal will not occur. Assuming a revision in the
schedule of use charges occurs based on a revised appraisal, the resulting use charges shall be
applied beginning in the subsequent rate period.
7.2.c The County general fund shall not charge use fees or receive other
consideration from the System for the System’s use of any transfer station property in use as of
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the effective date of this Agreement. The County further agrees that the County general fund
may not receive payments from the System for use of assets to the extent those assets are
acquired with System revenues. As required by chapter 43.09.210 RCW, the System’s use of
assets acquired with the use of other separate County funds (e.g., the Roads Fund, or other funds)
will be subject to use charges; similarly, the System will charge other County funds for use of
System property.
VIII. LIABILITY
8.1 Non-Environmental Liability Arising Out-of-County Operations. Except as
provided hereinin this Section, Sections 8.5 and 8.6, the County shall indemnify and hold
harmless the City and shall have the right and duty to defend the City through the County's
attorneys against any and all claims arising out of the County's operations during the term of this
Agreement and settle such claims, recognizingprovided that all fees, costs, and expenses incurred
by the County thereby are systemSystem costs which mustmay be satisfied from disposal
ratesDisposal Rates as provided in Section VII herein. In providing such defense of the City, the
County shall exercise good faith in such defense or settlement so as to protect the City's interest.
For purposes of this sectionSection "claims arising out of the county'sCounty's operations" shall
includemean claims arising out of the ownership, control, or maintenance of the systemSystem,
but shall not include claims arising out of the City's operation of motor vehicles in connection
with the systemSystem or other activities under the control of the City which may be incidental
to the County's operation. The provisions of this Section shall not apply to claims arising out of
the sole negligence or intentional acts of the City. The provisions of this Section shall survive for
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claims brought within three (3) years past the term of this Agreement established under Section
III.
8.2 If the County is not negligent, the City shall hold harmless, indemnify and defend the
County for any property damages or personal injury solely caused by the City's negligent failure
to comply with the provisions of Section 8.5.a.
8.3 Cooperation. In the event the County acts to defend the City against a claim under
Section 8.1, the City shall cooperate with the County. In the event the City acts to defend the
County, the County shall cooperate with the City.
8.4 8.3 Officers, Agents, and Employees. For purposes of this sectionSection
VIII, references to City or County shall be deemed to include the officers, employees and agents
of either partyParty, acting within the scope of their authority. Transporters or generators of
waste who are not officers or employees of the City or County are not included as agents of the
City or County for purposes of this Section.
8.4 Each Party by mutual negotiation hereby waives, with respect to the other Party
only, any immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW.
8.5 Unacceptable Waste
8.5.a. All waste generated or collected from within the corporate limits of the
City which is delivered to the systemSystem for disposalDisposal shall be in compliance with the
resource conservationResource Conservation and recovery act, as amendedRecovery Act (42
U.S.C. § 6901 et seq.), RCW.) (RCRA), chapters 70.95 and 70.105 RCW, King County Code
Title 10, King County Board of Health Rules and Regulations No. 8, the Solid Waste Division
operating rules, and all other applicable federal, stateFederal, State and local environmental
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health laws, rules or regulations. The that impose restrictions or requirements on the type of
waste that may be delivered to the System, as they now exist or are hereafter adopted or
amended.
8.5.b For purposes of this Agreement, the City shall be deemed to have
complied with the requirements of SectionSubsection 8.5.a. if it has adopted an ordinance
requiring solid waste delivered to the systemSystem for disposalDisposal to meet suchthe laws,
rules, or regulations and by written agreement has authorized King County to enforce
thesespecified in Subsection 8.5.a. However, nothing in this Agreement is intended to relieve the
City from any obligation or liability it may have under the laws mentioned in Subsection 8.5.a
arising out of the City's actions other than adopting, enforcing, or requiring compliance with said
ordinance, such as liability, if any exists, of the City as a transporter or generator for improper
transport or Disposal of regulated dangerous waste. Any environmental liability the City may
have for releases of pollutants or hazardous or dangerous substances or wastes to the
environment is dealt with under Sections 8.6 and 8.7.
8.5.c The City shall hold harmless, indemnify and defend the County for any
property damages or personal injury caused solely by the City's failure to adopt an ordinance
under Subsection 8.5.b. In the event the City acts to defend the County under this Subsection, the
County shall cooperate with the City.
8.5.d The City shall make best efforts to include language in its contracts,
franchise agreements, or licenses for the collection of Solid Waste within the City that allow for
enforcement by the City against the collection contractor, franchisee or licensee for violations of
the laws, rules, or regulations in Subsection 8.5.a. The requirements of this Subsection 8.5.d shall
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apply to the City's first collection contract, franchise, or license that becomes effective or is
amended after the effective date of this Agreement.
8.5.d.i If waste is delivered to the System in violation of the laws,
rules, or regulations in Subsection 8.5.a, before requiring the City to take any action under
Subsection 8.5.d.ii, the County will make reasonable efforts to determine the parties’ responsible
for the violation and will work with those parties to correct the violation, consistent with
applicable waste clearance and acceptance rules, permit obligations, and any other legal
requirements.
8.5.d.ii If the violation is not corrected under Subsection 8.5.d.i and waste is determined
by the County to have been generated or collected from within the corporate limits of the City.
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8.5.b. The, the County shall provide the City with written notice of anythe
violation of this provision. . Upon such notice, the City shall take immediate steps to remedy the
violation and prevent similar future violations to the reasonable satisfaction of Kingthe County
which may include but not be limited to removing the waste and disposing of it in an approved
facility. ; provided that nothing in this Subsection 8.5.d.ii shall obligate the City to handle
regulated dangerous waste, as defined in WAC 173-351-200(1)(b)(i), and nothing in this
Subsection shall relieve the City of any obligation it may have apart from this Agreement to
handle regulated dangerous waste. If, in good faith, the City disagrees with the County regarding
the violation, such dispute shall be resolved between the partiesParties using the Dispute
Resolution process in Section XII or, if immediate action is required to avoid an imminent threat
to public health, safety or the environment, in King County Superior Court. Each partyParty
shall be responsible for its attorney'sown attorneys' fees and costs. Failure of the City to take the
steps requested by the County pending Superior Court resolution shall not be deemed a violation
of this agreementAgreement; provided, however, that this shall not release the City for damages
or loss to the County arising out of the failure to take such steps if the Court finds that thea City
violatedviolation of the requirements to comply with applicable laws set forth in this
sectionSubsection 8.5.a.
8.6 Environmental Liability.
8.6.a Neither the County nor the City is not heldholds harmless or
indemnifiedindemnifies the other with regard to any liability arising under
42 U.S.C. § 9601-9675 (CERCLA) as amended by the Superfund Amendments and
Reauthorization Act of 1986 (SARA) or as hereafter amended or pursuant to chapter 70.105D
RCW (MTCA) or as hereafter amended and any state legislation imposing liability for System-
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related cleanup of contaminated property, from the release of pollutants or hazardous or
dangerous substances. and/or damages resulting from property contaminated from the release of
pollutants or hazardous or dangerous substances (“Environmental Liabilities”).
IX. FORUM
By entering into 8.6.b Nothing in this Agreement is intended to create new
Environmental Liability nor release any third-party from Environmental Liability. Rather, the
intent is to protect the general funds of the Parties to this Agreement by ensuring that, consistent
with best business practices, an adequate portion of Disposal Rates being collected from the
System Users are set aside and accessible in a fair and equitable manner to pay the respective
County and City agree to enter into and execute aCity’s Environmental Liabilities.
8.6.c The purpose of this Subsection is to establish a protocol for the setting
aside, and subsequent distribution of, Disposal Rates intended to pay for Environmental
Liabilities of the Parties, if and when such liabilities should arise, in order to safeguard the
Parties’ general funds. To do so, the County shall:
8.6.c.i Use Disposal Rates to obtain and maintain, to the extent
commercially available under reasonable terms, insurance coverage for System-related
Environmental Liability that names the City as an Additional Insured. The County shall establish
the adequacy, amount and availability of such insurance in consultation with MSWAC. Any
insurance policy in effect on the termination date of this Agreement with a term that extends past
the termination date shall be maintained until the end of the policy term.
8.6.c.ii Use Disposal Rates to establish and maintain a reserve fund to
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help pay the Parties’ Environmental Liabilities not already covered by System rates or insurance
maintained under Subsection 8.6.c.i above (“Environmental Reserve Fund”). The County shall
establish the adequacy of the Environmental Reserve Fund in consultation with MSWAC and
consistent with the financial policies described in Article VI. The County shall retain the
Environmental Reserve Fund for a minimum of 30 years following the closure of the Cedar Hills
Landfill (the “Retention Period”). During the Retention Period, the Environmental Reserve Fund
shall be used solely for the purposes for which it was established under this Agreement. Unless
otherwise required by law, at the end of the Retention Period, the County and Cities shall agree
as to the disbursement of any amounts remaining in the Environmental Reserve Fund. If unable
to agree, the County and City agree to submit disbursement to mediation and if unsuccessful to
binding arbitration in a manner similar to Section 39.34.180 RCW to the extent permitted by law.
8.6.c.iii Pursue state or federal grant funds, such as grants from the
Local Model Toxics Control Account under chapter 70.105D.070(3) RCW and chapter 173-322
WAC, or other state or federal funds as may be available and appropriate to pay for or remediate
such Environmental Liabilities.
8.6.d If the funds available under Subsections 8.6.c.i-iii are not adequate to
completely satisfy the Environmental Liabilities of the Parties to this Agreement then to the
extent feasible and permitted by law, the County will establish a financial plan including a rate
schedule to help pay for the County and City’s remaining Environmental Liabilities in
consultation with MSWAC.
8.6.e The County and the City shall act reasonably and quickly to utilize funds
collected or set aside through the means specified in Subsections 8.6.c.i-iii and 8.6.d to conduct
or finance response or clean-up activities in order to limit the County and City’s exposure, or in
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order to comply with a consent decree, administrative or other legal order. The County shall
notify the City within 30 days of any use of the reserve fund established in 8.6.c.iii.
8.6.f In any federal or state regulatory proceeding, and in any action for
contribution, money expended by the County from the funds established in Subsections 8.6.c.i-iii
and 8.6.d. to pay the costs of remedial investigation, cleanup, response or other action required
pursuant to a state or federal laws or regulations shall be considered by the Parties to have been
expended on behalf and for the benefit of the County and the Cities.
8.6.g In the event that the funds established as specified in Subsections 8.6.c.i-iii
and 8.6.d are insufficient to cover the entirety of the County and Cities’ collective Environmental
Liabilities, the funds described therein shall be equitably allocated between the County and
Cities to satisfy their Environmental Liabilities. Factors to be considered in determining
“equitably allocated” may include the size of each Party’s System User base and the amount of
rates paid by that System User base into the funds, and the amount of the Solid Waste generated
by the Parties’ respective System Users. Neither the County nor the Cities shall receive a benefit
exceeding their Environmental Liabilities.
8.7 The County shall not charge or seek to recover from the City any costs or
expenses for which the County indemnified the State of Washington in Exhibit A to the
Quitclaim Deed from the State to the County for the Cedar Hills Landfill, dated February 24,
1993, to the extent such costs are not included in System costs.
IX. CITY ADVISORY COMMITTEE
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9.1 There is hereby created an advisory committee comprised of representatives from
cities, which shall be known as the Metropolitan Solid Waste Advisory Committee (“MSWAC”).
The City may designate a representative and alternate(s) to serve on MSWAC. MSWAC shall
elect a chair and vice-chair and shall adopt bylaws to guide its deliberations. The members of
MSWAC shall serve at the pleasure of their appointing bodies and shall receive no compensation
from the County.
9.2 MSWAC is the forum through which the Parties together with other cities
participating in the System intend to discuss and seek to resolve System issues and concerns.
MSWAC shall assume the following advisory responsibilities:
9.2.a Advise the King County Council, the King County Executive, Solid Waste
Advisory Committee, and other jurisdictions as appropriate, on all policy aspects of Solid Waste
management and planning;
9.2.b Consult with and advise the County on technical issues related to Solid
Waste management and planning;
9.2.c Assist in the development of alternatives and recommendations for the
Comprehensive Solid Waste Management Plan and other plans governing the future of the
System, and facilitate a review and/or approval of the Comprehensive Solid Waste Management
Plan by each jurisdiction;
9.2.d Assist in the development of proposed interlocal Agreements between
King County and cities for planning, Waste Prevention and Recycling, and waste stream control;
9.2.e Review and comment on Disposal Rate proposals and County financial
policies;
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9.2.f Review and comment on status reports on Waste Prevention, Recycling,
energy/resources recovery, and System operations with inter-jurisdictional impact;
9.2.g Promote information exchange and interaction between waste generators,
cities, recyclers, and the County with respect to its planned and operated Disposal Systems;
9.2.h Provide coordination opportunities among the Solid Waste Advisory
Committee, the Regional Policy Committee, the County, cities, private waste haulers, and
recyclers;
9.2.i Assist cities in recognizing municipal Solid Waste responsibilities,
including collection and Recycling, and effectively carrying out those responsibilities; and
9.2.j Provide input on such disputes as MSWAC deems appropriate.
9.3 The County shall assume the following responsibilities with respect to MSWAC;
9.3.a The County shall provide staff support to MSWAC;
9.3.b In consultation with the chair of MSWAC, the County shall notify all
cities and their designated MSWAC representatives and alternates of the MSWAC meeting
times, locations and meeting agendas. Notification by electronic mail or regular mail shall meet
the requirements of this Subsection;
9.3.c The County will consider and respond on a timely basis to questions and
issues posed by MSWAC regarding the System, and will seek to resolve those issues in
collaboration with the Cities. Such issues shall include but are not limited to development of
efficient and accountable billing practices; and
9.3.d. The County shall provide all information and supporting documentation
and analyses as reasonably requested by MSWAC for MSWAC to perform the duties and
functions described in Section 9.2.
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X. FORUM INTERLOCAL AGREEMENT
10.1 As of the effective date of this Agreement, the Forum Interlocal Agreement.
Such agreement shall provide for the establishment of a representative Forum for consideration
and/or determination of issues of policy regarding the term and conditions of this and Addendum
to Solid Waste Interlocal Agreement and Forum Interlocal Agreement by and between the City
and County continue through June 30, 2028. After 2028 responsibilities assigned to the Forum
shall be assigned to the Regional Policy Committee. The Parties agree that Solid Waste System
policies and plans shall continue to be deemed regional countywide policies and plans that shall
be referred to the Regional Policy Committee for review consistent with King County Charter
Section 270.30 and chapter 1.24 King County Code.
XXI. COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
1011.1 King County is designated to prepare the comprehensive solid waste
management planComprehensive Solid Waste Management Plan (Comprehensive Plan) and this
plan shall include the City's Solid Waste Management Comprehensive Plan pursuant to
RCWchapter 70.95.080(3).) RCW.
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10 11.2 An initial comprehensive plan, which was prepared under the terms of this
Agreement as executed by a majority of cities in the County, was adopted in 1989 and approved
by the Department of Ecology in 1991. The plan Comprehensive Plan shall be reviewed
and any necessary revisions proposed at least once every three years following the approval of
the Comprehensive Plan by the State Department of Ecology. . The County shall consult with
MSWAC to determine when revisions are necessary. King County shall provide services and
build facilities in accordance with the adopted Comprehensive Plan.
1011.3 The Comprehensive Plans will promote waste reductionWaste Prevention
and recyclingRecycling in accordance with Washington State solid wasteSolid Waste
management priorities pursuant to Chapterchapter 70.95 RCW, at a minimum.
1011.4 The Comprehensive solid waste management plansPlans will be prepared
in accordance with Chapterchapter 70.95 RCW and solid wasteSolid Waste planning guidelines
developed by the Department of Ecology. The plan shall include, but not be limited to:
10 11.4.a. Descriptions of and policies regarding management practices and
facilities required for handling all waste types;
10 11.4.b. Schedules and responsibilities for implementing policies;
10 11.4.c. Policies concerning waste reduction, recycling, energyRecycling,
Energy and resource recoveryResource Recovery, collection, transfer, long-haul transport,
disposalDisposal, enforcement and administration; and
10 11.4.d. Operational plan for the elements discussed in Item c above.
10..11.5 The cost of preparation by King County of the Comprehensive Plan will
be considered a cost of the systemSystem and financed out of the rate base.
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1011.6 The Comprehensive Plans will be “adopted” within the meaning of this
Agreement when the following has occurred:
10 11.6.a. The Comprehensive Plan is approved by the King County Council;
and
10 11.6.b. The Comprehensive Plan is approved by Citiescities representing
three-quarters of the population of the incorporated population of jurisdictions that are parties to
the Forum Interlocal Agreement. In calculating the three-quarters, the calculations shall consider
only those incorporated jurisdictions taking formal action to approve or disapprove the
Comprehensive Plan within 120 days of receipt of the Plan. The 120-day time period shall begin
to run from receipt by an incorporated jurisdiction of the Forum's recommendation on the
Comprehensive Plan, or, if the Forum is unable to make a recommendation, upon receipt of the
Comprehensive Plan from the Forum without recommendation.
10 11.7 Should the Comprehensive Plan be approved by the King County Council,
but not receive approval of three-quarters of the Citiescities acting on the Comprehensive Plan,
and should King County and the Citiescities be unable to resolve their disagreement, then the
Comprehensive Plan shall be referred to the State Department of Ecology and the State
Department of Ecology will resolve any disputes regarding Comprehensive Plan adoption and
adequacy by approving or disapproving the Comprehensive Plan or any part thereof.
1011.8 King County shall determine which cities are affected by any proposed
amendment to the Comprehensive Plan. If any City disagrees with such determination, then the
City can request that the Forum determine whether or not the City is affected. Such
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determination shall be made by a two-thirds majority vote of all representative members of the
Forum.
1011.9 Should King County and the affected jurisdictions be unable to agree on
amendments to the Comprehensive Plan, then the proposed amendments shall be referred to the
Department of Ecology to resolve any disputes regarding such amendments.
11.10.10 Should there be any impasse between the partiesParties regarding
Comprehensive Plan adoption, adequacy, or consistency or inconsistency or whether any permits
or programs adopted or proposed are consistent with the Comprehensive Plan, then the
Department of Ecology shall resolve said disputes.
XI
XII. MITIGATION
12.1 The County will design, construct and operate Solid Waste facilities in a manner
to mitigate their impact on host Cities and neighboring communities pursuant to applicable law
and regulations.
12.2 The Parties recognize that Solid Waste facilities are regional facilities. The
County further recognizes that host Cities and neighboring communities may sustain impacts
which can include but are not limited to local infrastructure, odor, traffic into and out of Solid
Waste facilities, noise and litter.
12.3 Collaboration in Environmental Review. In the event the County is the sole or co-
Lead Agency, then prior to making a threshold determination under the State Environmental
Policy Act (SEPA), the County will provide a copy of the SEPA environmental checklist, if any,
and proposed SEPA threshold determination to any identifiable Host City (as defined below) and
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adjacent or neighboring city that is signatory to the Agreement and that may be affected by the
project ("Neighboring City") and seek their input. For any facility for which the County prepares
an Environmental Impact Statement (EIS), the County will meet with any identified potential
Host City (as defined below) and any Neighboring City to seek input on the scope of the EIS and
appropriate methodologies and assumptions in preparing the analyses supporting the EIS.
However, nothing in this Section shall limit or impair the County's ability to timely complete the
environmental review process.
12.4 Collaboration in Project Permitting. If a new or reconstructed Solid Waste facility
is proposed to be built within the boundaries of the City ("Host City") and the project requires
one or more "project permits" as defined in chapter 36.70B.020(4) RCW from the Host City,
before submitting its first application for any of the project permits, the County will meet with
the Host City and any Neighboring City, to seek input. However, nothing in this Section shall
limit or impair the County's ability to timely submit applications for or receive permits, nor
waive any permit processing or appeal timelines.
12.5 Separately, the County and the City recognize that in accordance with 36.58.080
RCW, a city is authorized to charge the County to mitigate impacts directly attributable to a
County-owned Solid Waste facility. The County acknowledges that such direct costs include
wear and tear on infrastructure including roads. To the extent that the City establishes that such
charges are reasonably necessary to mitigate such impacts, payments to cover such impacts may
only be expended only to mitigate such impacts and are System costs. If the City believes that it
is entitled to mitigation under this Agreement, the City may request that the County undertake a
technical analysis regarding the extent of impacts authorized for mitigation . Upon receiving such
a request, the County, in coordination with the City and any necessary technical consultants, will
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develop any analysis that is reasonable and appropriate to identify impacts. The cost for such
analysis is a System cost. The City and County will work cooperatively to determine the
appropriate mitigation payments and will document any agreement in a Memorandum of
Agreement. If the City and the County cannot agree on mitigation payments, the dispute
resolution process under chapter 36.58.080 RCW will apply rather than the dispute resolution
process under Section XII of the Agreement.
XIII. DISPUTE RESOLUTION
13.1 Unless otherwise expressly stated, the terms of this Section XIII shall apply to
disputes arising under this Agreement.
13.2 Initial Meeting.
13.2.a Either Party shall give notice to the other in writing of a dispute involving
this Agreement.
13.2.b Within ten (10) business days of receiving or issuing such notice, the
County shall send an email notice to all Cities.
13.2.c Within ten (10) business days of receiving the County’s notice under
Subsection 13.2.b, a City shall notify the County in writing or email if it wishes to participate in
the Dispute Resolution process.
13.2.d Within not less than twenty-one (21) days nor more than thirty (30) days
of the date of the initial notice of dispute issued under Subsection 13.2.a, the County shall
schedule a time for staff from the County and any City requesting to participate in the dispute
resolution process ("Participating City") to meet (the “initial meeting”). The County shall
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endeavor to set such initial meeting a time and place convenient to all Participating Cities and to
the County.
13.3 Executives' Meeting.
13.3.a If the dispute is not resolved within sixty (60) days of the initial meeting,
then within seven (7) days of expiration of the sixty (60)-day period, the County shall send an
email notice to all Participating Cities that the dispute was not resolved and that a meeting of the
County Executive, or his/her designee and the chief executive officer(s) of each Participating
City, or the designees of each Participating City (an “executives' meeting”) shall be scheduled to
attempt to resolve the dispute. It is provided, however, that the County and the Participating
Cities may mutually agree to extend the sixty (60)-day period for an additional fifteen (15) days
if they believe further progress may be made in resolving the dispute, in which case, the
County’s obligation to send its email notice to the Participating Cities under this Subsection that
the dispute was not resolved shall be within seven (7) days of the end of the extension. Likewise,
the County and the Participating Cities may mutually conclude prior to the expiration of the sixty
(60)-day period that further progress is not likely in resolving the dispute at this level, in which
case, the County shall send its email notice that the dispute was not resolved within seven (7)
days of the date that the County and the Participating Cities mutually concluded that further
progress is not likely in resolving the dispute.
13.3.b Within seven (7) days of receiving the County’s notice under Subsection
13.3.a each Participating City shall notify the County in writing or email if it wishes to
participate in the executives' meeting.
13.3.c Within not less than twenty-one (21) days nor more than thirty (30) days
of the date of the notice of the executives' meeting issued under Subsection 13.3.a, the County
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shall schedule a time for the executives' meeting. The County shall endeavor to set such
executives' meeting a time and place convenient to all Participating Cities that provided notice
under Subsection 13.3.b and to the County.
13.4. Non-Binding Mediation.
13.4.a If the dispute is not resolved within thirty (30) days of the executives'
meeting, then any Participating City that was Party to the executives' meeting or the County may
refer the matter to non-binding meditation by sending written notice within thirty-five (35) days
of the initial executives' meeting to all Parties to such meeting.
13.4.b Within seven (7) days of receiving or issuing notice that a matter will be
referred to non-binding mediation, the County shall send an email notice to all Participating
Cities that provided notice under Subsection 13.3.b informing them of the referral.
13.4.c Within seven (7) days of receiving the County’s notice under Subsection
13.4.b, each Participating City shall notify the County in writing if it wishes to participate in the
non-binding mediation.
13.4.d The mediator will be selected in the following manner: The City(ies)
electing to participate in the mediation shall propose a mediator and the County shall propose a
mediator; in the event the mediators are not the same person, the two mediators shall select a
third mediator who shall mediate the dispute. Alternately, the City(ies) participating in the
mediation and the County may agree to select a mediator through a mediation service mutually
acceptable to the Parties. The Parties to the mediation shall share equally in the costs charged by
the mediator or mediation service. For purposes of allocating costs of the mediator or mediation
service, all Cities participating in the mediation will be considered one Party.
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13.5 Superior Court. Any Party, after participating in the non-binding mediation, may
commence an action in King County Superior Court after one hundred eighty (180) days from
the commencement of the mediation, in order to resolve an issue that has not by then been
resolved through non-binding mediation, unless all Parties to the mediation agree to an earlier
date for ending the mediation.
13.6 Unless this Section XIII does not apply to a dispute, then the Parties agree that
they may not seek relief under this Agreement in a court of law or equity unless and until each of
the procedural steps set forth in this Section XIII have been exhausted, provided, that if any
applicable statute of limitations will or may run during the time that may be required to exhaust
the procedural steps in this Section XIII, a Party may file suit to preserve a cause of action while
the Dispute Resolution process continues. The Parties agree that, if necessary and if allowed by
the court, they will seek a stay of any such suit while the Dispute Resolution process is
completed. If the dispute is resolved through the Dispute Resolution process, the Parties agree to
dismiss the lawsuit, including all claims, counterclaims, and cross-claims, with prejudice and
without costs to any Party.
XIV. FORCE MAJEURE
The partiesParties are not liable for failure to perform pursuant to the terms of this
Agreement when failure to perform was due to an unforeseeable event beyond the control of
either party to this AgreementParty (“force majeure”). The term “force majeure” shall include,
without limitation by the following enumeration: acts of nature, acts of civil or military
authorities, terrorism, fire, accidents, shutdowns for purpose of emergency repairs, industrial,
civil or public disturbances, or labor disputes, causing the inability to perform the requirements
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of this Agreement, if either Party is rendered unable, wholly or in part, by a force majeure event
to perform or comply with any obligation or condition of this Agreement, upon giving notice and
reasonably full particulars to the other Party, such obligation or condition shall be suspended
only for the time and to the extent practicable to restore normal operations.
XIIXV. MERGER
This Agreement merges and supersedes all prior negotiations, representation and/or
agreements between the partiesParties relating to the subject matter of this Agreement and
constitutes the entire contract between the parties except with regard to the provisions of the
Forum Interlocal AgreementParties [except with regard to the provisions of the Forum Interlocal
Agreement]; provided that nothing in Section XV supersedes or amends any indemnification
obligation that may be in effect pursuant to a contract between the Parties other than the Original
Agreement; and further provided that nothing in this Agreement supersedes, amends or modifies
in any way any permit or approval applicable to the System or the County’s operation of the
System within the jurisdiction of the City.
X111XVI. WAIVER
No waiver by either partyParty of any term or condition of this Agreement shall be
deemed or construed to constitute a waiver of any other term or condition or of any subsequent
breach whether of the same or a different provision of this Agreement.
XIVXVII. THIRD PARTY BENEFICIARY
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This Agreement is not entered into with the intent that it shall benefit any other entity or
person except those expressly described herein, and no other such person or entity shall be
entitled to be treated as a third party beneficiary of this Agreement.
XV. SEVERABILITY
If anyentitled to be treated as a third-party beneficiary of the provisions contained in this
Agreement.
XVIII. SURVIVABILITY
Except as provided in Section 8.1, 8.2, 8.3, Section 8.6.c, except 8.6.ciii and Section 8.6d,
no obligations in this Agreement survive past the expiration date as established in Section III.
XIX. NOTICE
are held illegal, invalid or unenforceable,Except as otherwise provided in this
Agreement, a notice required to be provided under the remaining provisionsterms of this
Agreement shall remain in full force and effect.be delivered by certified mail, return receipt
requested or by personal service to the following person:
XVI. For the City:
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For the County:
Director
King County Solid Waste Division
201 South Jackson Street, Suite 701
Seattle, Washington 98104
NOTICE
IN WITNESS WHEREOF, this Agreement has been executed by each partyParty
on the date set forth below:
CITY of KING COUNTY
(Mayor /City Manager) King County Executive
Date Date
Pursuant to Resolution No. _________ Pursuant to Motion No. _________
Clerk-Attest Clerk-Attest
Approved as to form and legality Approved as to form and legality
City Attorney King County Deputy Prosecuting Attorney
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Date Date
s:\ila\orig-ila.doc
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AMENDED AND RESTATED SOLID WASTE
INTERLOCAL AGREEMENT
This Amended and Restated Solid Waste Interlocal Agreement (“Agreement”) is entered
into between King County, a political subdivision of the State of Washington and the City of
, a municipal corporation of the State of Washington, hereinafter referred
to as "County" and "City" respectively. Collectively, the County and the City are referred to as
the “Parties.” This Agreement has been authorized by the legislative body of each jurisdiction
pursuant to formal action as designated below:
King County: Ordinance No. __________
City: ________________________________________________
PREAMBLE
A. This Agreement is entered into pursuant to chapter 39.34 RCW for the purpose of
extending, restating and amending the Solid Waste Interlocal Agreement between the
Parties originally entered into in ____ (the “Original Agreement”). The Original
Agreement provided for the cooperative management of Solid Waste in King County for
a term of forty (40) years, through June 30, 2028. The Original Agreement is superseded
by this Amended and Restated Agreement, as of the effective date of this Agreement.
This Amended and Restated Agreement is effective for an additional twelve (12) years
through December 31, 2040.
B. The Parties intend to continue to cooperatively manage Solid Waste and to work
collaboratively to maintain and periodically update the existing King County
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Comprehensive Solid Waste Management Plan (Comprehensive Plan) adopted pursuant
to chapter 70.95 RCW.
C. The Parties continue to support the established goals of Waste Prevention and Recycling
as incorporated in the Comprehensive Solid Waste Management Plan, and to meet or
surpass applicable environmental standards with regard to the Solid Waste System.
D. The County and the Cities agree that System-related costs, including environmental
liabilities, should be funded by System revenues which include but are not limited to
insurance proceeds, grants and rates;
E. The County, as the service provider, is in the best position to steward funds System
revenues that the County and the Cities intend to be available to pay for environmental
liabilities; and
F. The County and the Cities recognize that at the time this Agreement goes into effect, it is
impossible to know what the ultimate environmental liabilities could be; nevertheless, the
County and the Cities wish to designate in this Agreement a protocol for the designation
and distribution of funding for potential future environmental liabilities in order to protect
the general funds of the County and the Cities.
G. The County began renting the Cedar Hills Landfill from the State of Washington in 1960
and began using it for Disposal of Solid Waste in 1964. The County acquired ownership
of the Cedar Hills Landfill from the State in 1992. The Cedar Hills Landfill remains an
asset owned by the County.
H. The Parties expect that the Cedar Hills Landfill will be at capacity and closed at some
date during the term of this Agreement, after which time all Solid Waste under this
Agreement will need to be disposed of through alternate means, as determined by the
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Cities and the County through amendments to the Comprehensive Solid Waste
Management Plan. The County currently estimates the useful life of the Cedar Hills
Landfill will extend through 2025. It is possible that this useful life could be extended, or
shortened, by System management decisions or factors beyond the control of the Parties.
I. The County intends to charge rent for the use of the Cedar Hills Landfill for so long as
the System uses this general fund asset and the Parties seek to clarify terms relative to the
calculation of the associated rent.
J. The County and Cities participating in the System have worked collaboratively for
several years to develop a plan for the replacement or upgrading of a series of transfer
stations. The Parties acknowledge that these transfer station improvements, as they may
be modified from time-to-time, will benefit Cities that are part of the System and the
County. The Parties have determined that the extension of the term of the Original
Agreement by twelve (12) years as accomplished by this Agreement is appropriate in
order to facilitate the long-term financing of transfer station improvements and to
mitigate rate impacts of such financing.
K. The Parties have further determined that in order to equitably allocate the benefit to all
System Users from the transfer station improvements, different customer classes may be
established by the County to ensure System Users do not pay a disproportionate share of
the cost of these improvements as a result of a decision by a city not to extend the term of
the Original Agreement.
L. The Parties have further determined it is appropriate to strengthen and formalize the
advisory role of the Cities regarding System operations.
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The Parties agree as follows:
I. DEFINITIONS
For purposes of this Agreement the following definitions shall apply:
“Cedar Hills Landfill” means the landfill owned and operated by the County located in
southeast King County.
“Cities” refers to all Cities that have signed an Amended and Restated Solid Waste
Interlocal Agreement in substantially identical form to this Agreement.
"Comprehensive Solid Waste Management Plan" or “Comprehensive Plan” means the
Comprehensive Solid Waste Management Plan, as approved and amended from time to time, for
the System, as required by chapter 70.95.080 RCW.
“County” means King County, a Charter County and political subdivision of the State of
Washington.
"Disposal" means the final treatment, utilization, processing, deposition, or incineration
of Solid Waste but shall not include Waste Prevention or Recycling as defined herein.
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“Disposal Rates” means the fee charged by the County to System Users to cover all costs
of the System consistent with this Agreement, all state, federal and local laws governing solid
waste and the Solid Waste Comprehensive Plan.
"Divert" means to direct or permit the directing of Solid Waste to Disposal sites other
than the Disposal site(s) designated by King County.
"Energy/Resource Recovery" means the recovery of energy in a usable form from mass
burning or refuse-derived fuel incineration, pyrolysis or any other means of using the heat of
combustion of Solid Waste that involves high temperature (above 1,200 degrees F) processing.
(chapter 173.350.100 WAC).
"Landfill" means a Disposal facility or part of a facility at which Solid Waste is placed in
or on land and which is not a land treatment facility.
“Metropolitan Solid Waste Advisory Committee” or “MSWAC” means the advisory
committee composed of city representatives, established pursuant to Section IX of this
Agreement.
"Moderate Risk Waste" means waste that is limited to conditionally exempt small
quantity generator waste and household hazardous waste as those terms are defined in chapter
173-350 WAC, as amended.
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“Original Agreement” means the Solid Waste Interlocal Agreement first entered into by
and between the Parties, which is amended and restated by this Agreement. “Original
Agreements” means collectively all such agreements between Cities and the County in
substantially the same form as the Original Agreement.
“Parties” means collectively the County and the City or Cities.
"Recycling" as defined in chapter 70.95.030 RCW, as amended, means transforming or
remanufacturing waste materials into usable or marketable materials for use other than landfill
Disposal or incineration.
“Regional Policy Committee” means the Regional Policy Committee created pursuant to
approval of the County voters in 1993, the composition and responsibilities of which are
prescribed in King County Charter Section 270 and chapter 1.24 King County Code, as they now
exist or hereafter may be amended.
"Solid Waste" means all putrescible and nonputrescible solid and semisolid wastes
including but not limited to garbage, rubbish, ashes, industrial wastes, swill, commercial waste,
sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof,
contaminated soils and contaminated dredged materials, discarded commodities and recyclable
materials, but shall not include dangerous, hazardous, or extremely hazardous waste as those
terms are defined in chapter 173-303 WAC, as amended; and shall further not include those
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wastes excluded from the regulations established in chapter 173-350 WAC, more specifically
identified in Section 173-350-020 WAC.
"Solid Waste Advisory Committee" or "SWAC" means the inter-disciplinary advisory
forum or its successor created by the King County Code pursuant to chapter 70.95.165 RCW.
“System” includes King County’s Solid Waste facilities used to manage Solid Wastes
which includes but is not limited to transfer stations, drop boxes, landfills, recycling systems and
facilities, energy and resource recovery facilities and processing facilities as authorized by
chapter 36.58.040 RCW and as established pursuant to the approved King County
Comprehensive Solid Waste Management Plan.
“System User” or “System Users” means Cities and any person utilizing the County’s
System for Solid Waste handling, Recycling or Disposal.
"Waste Prevention" means reducing the amount or type of waste generated. Waste
Prevention shall not include reduction of already-generated waste through energy recovery,
incineration, or otherwise.
II. PURPOSE
The purpose of this Agreement is to foster transparency and cooperation between the
Parties and to establish the respective responsibilities of the Parties in a Solid Waste management
System, including but not limited to, planning, Waste Prevention, Recycling, and Disposal. .
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III. DURATION
This Agreement shall become effective as of ___________, and shall remain in effect
through December 31, 2040.
IV. APPROVAL
This Agreement will be approved and filed in accordance with chapter 39.34 RCW.
V. RENEGOTIATION TO FURTHER EXTEND TERM OF AGREEMENT
5.1 The Parties recognize that System Users benefit from long-term Disposal
arrangements, both in terms of predictability of System costs and operations, and the likelihood
that more cost competitive rates can be achieved with longer-term Disposal contracts as
compared to shorter-term contracts. To that end, at least seven (7) years before the date that the
County projects that the Cedar Hills Landfill will close, or prior to the end of this Agreement,
whichever is sooner, the County will engage with MSWAC and the Solid Waste Advisory
Committee, among others, to seek their advice and input on the Disposal alternatives to be used
after closure of the Cedar Hills Landfill, associated changes to the System, estimated costs
associated with the recommended Disposal alternatives, and amendments to the Comprehensive
Solid Waste Management Plan necessary to support these changes. Concurrently, the Parties will
meet to negotiate an extension of the term of the Agreement for the purpose of facilitating the
long-term Disposal of Solid Waste after closure of the Cedar Hills Landfill. Nothing in this
Agreement shall require the Parties to reach agreement on an extension of the term of this
Agreement. If the Parties fail to reach agreement on an extension, the Dispute Resolution
provisions of Section XIII do not apply, and this Agreement shall remain unchanged.
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5.2 Notwithstanding any other provision in this Agreement to the contrary, the
Parties may, pursuant to mutual written agreement, modify or amend any provision of this
Agreement at any time during the term of said Agreement.
VI. GENERAL OBLIGATIONS OF PARTIES
6.1 King County
6.1.a Management. The County agrees to provide Solid Waste management
services, as specified in this Section, for Solid Waste generated and collected within the City,
except waste eliminated through Waste Prevention or waste recycling activities. The County
agrees to dispose of or designate Disposal sites for all Solid Waste and Moderate Risk Waste
generated and/or collected within the corporate limits of the City which is delivered to the
System in accordance with all applicable Federal, State and local environmental health laws,
rules, or regulations, as those laws are described in Subsection 8.5.a. The County shall maintain
records as necessary to fulfill obligations under this Agreement.
6.1.b Planning. The County shall serve as the planning authority for Solid Waste
and Moderate Risk Waste under this Agreement but shall not be responsible for planning for any
other waste or have any other planning responsibility under this Agreement.
6.1.c Operation. King County shall be or shall designate or authorize the
operating authority for transfer, processing and Disposal facilities, including public landfills and
other facilities, consistent with the adopted Comprehensive Plan as well as closure and post-
closure responsibilities for landfills which are or were operated by the County.
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6.1.d Collection Service. The County shall not provide Solid Waste collection
services within the corporate limits of the City, unless permitted by law and agreed to by both
Parties.
6.1.e Support and Assistance. The County shall provide support and technical
assistance to the City consistent with the Comprehensive Solid Waste Management Plan for a
Waste Prevention and Recycling program. Such support may include the award of grants to
support programs with System benefits. The County shall develop educational materials related
to Waste Prevention and Recycling and strategies for maximizing the usefulness of the
educational materials and will make these available to the City for its use. Although the County
will not be required to provide a particular level of support or fund any City activities related to
Waste Prevention and Recycling, the County intends to move forward aggressively to promote
Waste Prevention and Recycling.
6.1.f Forecast. The County shall develop Solid Waste stream forecasts in
connection with System operations as part of the comprehensive planning process in accordance
with Article XI.
6.1.g Facilities and Services. The County shall provide facilities and services
pursuant to the Comprehensive Solid Waste Management Plan and the Solid Waste Transfer and
Waste Management plan as adopted and County Solid Waste stream forecasts.
6.1.h Financial Policies. The County will maintain financial policies to guide
the System’s operations and investments. The policies shall be consistent with this Agreement
and shall address debt issuance, rate stabilization, cost containment, reserves, asset ownership
and use, and other financial issues. The County shall primarily use long term bonds to finance
transfer System improvements. The policies shall be developed and/or revised through
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discussion with MSWAC, the Regional Policy Committee, the County Executive and the County
Council. Such policies shall be codified at the same time as the Comprehensive Plan updates,
but may be adopted from time to time as appropriate outside the Comprehensive Plan process.
6.2 City
6.2.a Collection. The City, an entity designated by the City or such other entity
as is authorized by state law shall serve as operating authority for Solid Waste collection services
provided within the City's corporate limits.
6.2.b Disposal. The City shall cause to be delivered to the County’s System for
Disposal all such Solid Waste and Moderate Risk Waste which is authorized to be delivered to
the System in accordance with all applicable Federal, State and local environmental health laws,
rules or regulations and is generated and/or collected within the corporate limits of the City and
shall authorize the County to designate Disposal sites for the Disposal of all such Solid Waste
and Moderate Risk Waste generated or collected within the corporate limits of the City, except
for Solid Waste which is eliminated through Waste Prevention or waste Recycling activities
consistent with the Comprehensive Solid Waste Management Plan. No Solid Waste generated or
collected within the City may be Diverted from the designated Disposal sites without County
approval.
6.3 JOINT RESPONSIBILITIES.
6.3.a Consistent with the Parties’ overall commitment to ongoing
communication and coordination, the Parties will endeavor to notify and coordinate with each
other on the development of any City or County plan, facility, contract, dispute, or other Solid
Waste issue that could have potential significant impacts on the County, the System, or the
City or Cities.
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6.3.b The Parties, together with other Cities, will coordinate on the development
of emergency plans related to Solid Waste, including but not limited to debris management.
VII. COUNTY SHALL SET DISPOSAL RATES
AND OPERATING RULES FOR DISPOSAL; USE OF SYSTEM REVENUES
7.1 In establishing Disposal Rates for System Users, the County shall consult with
MSWAC consistent with Section IX. The County may adopt and amend by ordinance rates
necessary to recover all costs of the System including but not limited to operations and
maintenance, costs for handling, processing and Disposal of Solid Waste, siting, design and
construction of facility upgrades or new facilities, Recycling, education and mitigation, planning,
Waste Prevention, reserve funds, financing, defense and payment of claims, insurance, System
liabilities including environmental releases, monitoring and closure of landfills which are or
were operated by the County, property acquisition, grants to cities, and administrative functions
necessary to support the System and Solid Waste handling services during emergencies as
established by local, state and federal agencies or for any other lawful solid waste purpose, and
in accordance with chapter 43.09.210 RCW. Revenues from Disposal rates shall be used only for
such purposes. The County shall establish classes of customers for Solid Waste management
services and by ordinance shall establish rates for classes of customers.
7.2. It is understood and agreed that System costs include payments to the County
general fund for Disposal of Solid Waste at the Cedar Hills Landfill calculated in accordance
with this Section 7.2, and that such rental payments shall be established based on use valuations
provided to the County by an independent-third party Member, Appraisal Institute (MAI)
certified appraiser selected by the County in consultation with MSWAC.
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7.2.a A use valuation shall be prepared consistent with MAI accepted principles
for the purpose of quantifying the value to the System of the use of Cedar Hills Landfill for
Disposal of Solid Waste over a specified period of time (the valuation period). The County shall
establish a schedule of annual use charges for the System’s use of the Cedar Hills Landfill which
shall not exceed the most recent use valuation. Prior to establishing the schedule of annual use
charges, the County shall seek review and comment as to both the use valuation and the
proposed payment schedule from MSWAC. Upon request, the County will share with and
explain to MSWAC the information the appraiser requests for purposes of developing the
appraiser's recommendation.
7.2.b Use valuations and the underlying schedule of use charges shall be
updated if there are significant changes in Cedar Hills Landfill capacity as a result of opening
new Disposal areas and as determined by revisions to the existing Cedar Hills Regional Landfill
Site Development Plan; in that event, an updated appraisal will be performed in compliance with
MAI accepted principles. Otherwise, a reappraisal will not occur. Assuming a revision in the
schedule of use charges occurs based on a revised appraisal, the resulting use charges shall be
applied beginning in the subsequent rate period.
7.2.c The County general fund shall not charge use fees or receive other
consideration from the System for the System’s use of any transfer station property in use as of
the effective date of this Agreement. The County further agrees that the County general fund
may not receive payments from the System for use of assets to the extent those assets are
acquired with System revenues. As required by chapter 43.09.210 RCW, the System’s use of
assets acquired with the use of other separate County funds (e.g., the Roads Fund, or other funds)
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will be subject to use charges; similarly, the System will charge other County funds for use of
System property.
VIII. LIABILITY
8.1 Non-Environmental Liability Arising Out-of-County Operations. Except as
provided in this Section, Sections 8.5 and 8.6, the County shall indemnify and hold harmless the
City and shall have the right and duty to defend the City through the County's attorneys against
any and all claims arising out of the County's operations during the term of this Agreement and
settle such claims, provided that all fees, costs, and expenses incurred by the County thereby are
System costs which may be satisfied from Disposal Rates as provided in Section VII herein. In
providing such defense of the City, the County shall exercise good faith in such defense or
settlement so as to protect the City's interest. For purposes of this Section "claims arising out of
the County's operations" shall mean claims arising out of the ownership, control, or maintenance
of the System, but shall not include claims arising out of the City's operation of motor vehicles in
connection with the System or other activities under the control of the City which may be
incidental to the County's operation. The provisions of this Section shall not apply to claims
arising out of the sole negligence or intentional acts of the City. The provisions of this Section
shall survive for claims brought within three (3) years past the term of this Agreement
established under Section III.
8.2 Cooperation. In the event the County acts to defend the City against a claim under
Section 8.1, the City shall cooperate with the County.
8.3 Officers, Agents, and Employees. For purposes of this Section VIII, references to
City or County shall be deemed to include the officers, employees and agents of either Party,
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acting within the scope of their authority. Transporters or generators of waste who are not
officers or employees of the City or County are not included as agents of the City or County for
purposes of this Section.
8.4 Each Party by mutual negotiation hereby waives, with respect to the other Party
only, any immunity that would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW.
8.5 Unacceptable Waste
8.5.a All waste generated or collected from within the corporate limits of the
City which is delivered to the System for Disposal shall be in compliance with the Resource
Conservation and Recovery Act (42 U.S.C. § 6901 et seq.) (RCRA), chapters 70.95 and 70.105
RCW, King County Code Title 10, King County Board of Health Rules and Regulations, the
Solid Waste Division operating rules, and all other Federal, State and local environmental health
laws, rules or regulations that impose restrictions or requirements on the type of waste that may
be delivered to the System, as they now exist or are hereafter adopted or amended.
8.5.b For purposes of this Agreement, the City shall be deemed to have
complied with the requirements of Subsection 8.5.a if it has adopted an ordinance requiring
waste delivered to the System for Disposal to meet the laws, rules, or regulations specified in
Subsection 8.5.a. However, nothing in this Agreement is intended to relieve the City from any
obligation or liability it may have under the laws mentioned in Subsection 8.5.a arising out of the
City's actions other than adopting, enforcing, or requiring compliance with said ordinance, such
as liability, if any exists, of the City as a transporter or generator for improper transport or
Disposal of regulated dangerous waste. Any environmental liability the City may have for
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releases of pollutants or hazardous or dangerous substances or wastes to the environment is dealt
with under Sections 8.6 and 8.7.
8.5.c The City shall hold harmless, indemnify and defend the County for any
property damages or personal injury caused solely by the City's failure to adopt an ordinance
under Subsection 8.5.b. In the event the City acts to defend the County under this Subsection, the
County shall cooperate with the City.
8.5.d The City shall make best efforts to include language in its contracts,
franchise agreements, or licenses for the collection of Solid Waste within the City that allow for
enforcement by the City against the collection contractor, franchisee or licensee for violations of
the laws, rules, or regulations in Subsection 8.5.a. The requirements of this Subsection 8.5.d shall
apply to the City's first collection contract, franchise, or license that becomes effective or is
amended after the effective date of this Agreement.
8.5.d.i If waste is delivered to the System in violation of the laws,
rules, or regulations in Subsection 8.5.a, before requiring the City to take any action under
Subsection 8.5.d.ii, the County will make reasonable efforts to determine the parties’ responsible
for the violation and will work with those parties to correct the violation, consistent with
applicable waste clearance and acceptance rules, permit obligations, and any other legal
requirements.
8.5.d.ii If the violation is not corrected under Subsection 8.5.d.i and
waste is determined by the County to have been generated or collected from within the corporate
limits of the City, the County shall provide the City with written notice of the violation. Upon
such notice, the City shall take immediate steps to remedy the violation and prevent similar
future violations to the reasonable satisfaction of the County which may include but not be
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limited to removing the waste and disposing of it in an approved facility; provided that nothing
in this Subsection 8.5.d.ii shall obligate the City to handle regulated dangerous waste, as defined
in WAC 173-351-200(1)(b)(i), and nothing in this Subsection shall relieve the City of any
obligation it may have apart from this Agreement to handle regulated dangerous waste. If, in
good faith, the City disagrees with the County regarding the violation, such dispute shall be
resolved between the Parties using the Dispute Resolution process in Section XII or, if
immediate action is required to avoid an imminent threat to public health, safety or the
environment, in King County Superior Court. Each Party shall be responsible for its own
attorneys' fees and costs. Failure of the City to take the steps requested by the County pending
Superior Court resolution shall not be deemed a violation of this Agreement; provided, however,
that this shall not release the City for damages or loss to the County arising out of the failure to
take such steps if the Court finds a City violation of the requirements to comply with applicable
laws set forth in Subsection 8.5.a.
8.6 Environmental Liability.
8.6.a Neither the County nor the City holds harmless or indemnifies the other
with regard to any liability arising under 42 U.S.C. § 9601-9675 (CERCLA) as amended by the
Superfund Amendments and Reauthorization Act of 1986 (SARA) or as hereafter amended or
pursuant to chapter 70.105D RCW (MTCA) or as hereafter amended and any state legislation
imposing liability for System-related cleanup of contaminated property from the release of
pollutants or hazardous or dangerous substances and/or damages resulting from property
contaminated from the release of pollutants or hazardous or dangerous substances
(“Environmental Liabilities”).
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8.6.b Nothing in this Agreement is intended to create new Environmental
Liability nor release any third-party from Environmental Liability. Rather, the intent is to protect
the general funds of the Parties to this Agreement by ensuring that, consistent with best business
practices, an adequate portion of Disposal Rates being collected from the System Users are set
aside and accessible in a fair and equitable manner to pay the respective County and City’s
Environmental Liabilities.
8.6.c The purpose of this Subsection is to establish a protocol for the setting
aside, and subsequent distribution of, Disposal Rates intended to pay for Environmental
Liabilities of the Parties, if and when such liabilities should arise, in order to safeguard the
Parties’ general funds. To do so, the County shall:
8.6.c.i Use Disposal Rates to obtain and maintain, to the extent
commercially available under reasonable terms, insurance coverage for System-related
Environmental Liability that names the City as an Additional Insured. The County shall establish
the adequacy, amount and availability of such insurance in consultation with MSWAC. Any
insurance policy in effect on the termination date of this Agreement with a term that extends past
the termination date shall be maintained until the end of the policy term.
8.6.c.ii Use Disposal Rates to establish and maintain a reserve fund to
help pay the Parties’ Environmental Liabilities not already covered by System rates or insurance
maintained under Subsection 8.6.c.i above (“Environmental Reserve Fund”). The County shall
establish the adequacy of the Environmental Reserve Fund in consultation with MSWAC and
consistent with the financial policies described in Article VI. The County shall retain the
Environmental Reserve Fund for a minimum of 30 years following the closure of the Cedar Hills
Landfill (the “Retention Period”). During the Retention Period, the Environmental Reserve Fund
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shall be used solely for the purposes for which it was established under this Agreement. Unless
otherwise required by law, at the end of the Retention Period, the County and Cities shall agree
as to the disbursement of any amounts remaining in the Environmental Reserve Fund. If unable
to agree, the County and City agree to submit disbursement to mediation and if unsuccessful to
binding arbitration in a manner similar to Section 39.34.180 RCW to the extent permitted by law.
8.6.c.iii Pursue state or federal grant funds, such as grants from the
Local Model Toxics Control Account under chapter 70.105D.070(3) RCW and chapter 173-322
WAC, or other state or federal funds as may be available and appropriate to pay for or remediate
such Environmental Liabilities.
8.6.d If the funds available under Subsections 8.6.c.i-iii are not adequate to
completely satisfy the Environmental Liabilities of the Parties to this Agreement then to the
extent feasible and permitted by law, the County will establish a financial plan including a rate
schedule to help pay for the County and City’s remaining Environmental Liabilities in
consultation with MSWAC.
8.6.e The County and the City shall act reasonably and quickly to utilize funds
collected or set aside through the means specified in Subsections 8.6.c.i-iii and 8.6.d to conduct
or finance response or clean-up activities in order to limit the County and City’s exposure, or in
order to comply with a consent decree, administrative or other legal order. The County shall
notify the City within 30 days of any use of the reserve fund established in 8.6.c.iii.
8.6.f In any federal or state regulatory proceeding, and in any action for
contribution, money expended by the County from the funds established in Subsections 8.6.c.i-iii
and 8.6.d. to pay the costs of remedial investigation, cleanup, response or other action required
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pursuant to a state or federal laws or regulations shall be considered by the Parties to have been
expended on behalf and for the benefit of the County and the Cities.
8.6.g In the event that the funds established as specified in Subsections 8.6.c.i-iii
and 8.6.d are insufficient to cover the entirety of the County and Cities’ collective Environmental
Liabilities, the funds described therein shall be equitably allocated between the County and
Cities to satisfy their Environmental Liabilities. Factors to be considered in determining
“equitably allocated” may include the size of each Party’s System User base and the amount of
rates paid by that System User base into the funds, and the amount of the Solid Waste generated
by the Parties’ respective System Users. Neither the County nor the Cities shall receive a benefit
exceeding their Environmental Liabilities.
8.7 The County shall not charge or seek to recover from the City any costs or
expenses for which the County indemnified the State of Washington in Exhibit A to the
Quitclaim Deed from the State to the County for the Cedar Hills Landfill, dated February 24,
1993, to the extent such costs are not included in System costs.
IX. CITY ADVISORY COMMITTEE
9.1 There is hereby created an advisory committee comprised of representatives from
cities, which shall be known as the Metropolitan Solid Waste Advisory Committee (“MSWAC”).
The City may designate a representative and alternate(s) to serve on MSWAC. MSWAC shall
elect a chair and vice-chair and shall adopt bylaws to guide its deliberations. The members of
MSWAC shall serve at the pleasure of their appointing bodies and shall receive no compensation
from the County.
DI.B Page 150 of 177
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9.2 MSWAC is the forum through which the Parties together with other cities
participating in the System intend to discuss and seek to resolve System issues and concerns.
MSWAC shall assume the following advisory responsibilities:
9.2.a Advise the King County Council, the King County Executive, Solid Waste
Advisory Committee, and other jurisdictions as appropriate, on all policy aspects of Solid Waste
management and planning;
9.2.b Consult with and advise the County on technical issues related to Solid
Waste management and planning;
9.2.c Assist in the development of alternatives and recommendations for the
Comprehensive Solid Waste Management Plan and other plans governing the future of the
System, and facilitate a review and/or approval of the Comprehensive Solid Waste Management
Plan by each jurisdiction;
9.2.d Assist in the development of proposed interlocal Agreements between
King County and cities for planning, Waste Prevention and Recycling, and waste stream control;
9.2.e Review and comment on Disposal Rate proposals and County financial
policies;
9.2.f Review and comment on status reports on Waste Prevention, Recycling,
energy/resources recovery, and System operations with inter-jurisdictional impact;
9.2.g Promote information exchange and interaction between waste generators,
cities, recyclers, and the County with respect to its planned and operated Disposal Systems;
9.2.h Provide coordination opportunities among the Solid Waste Advisory
Committee, the Regional Policy Committee, the County, cities, private waste haulers, and
recyclers;
DI.B Page 151 of 177
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9.2.i Assist cities in recognizing municipal Solid Waste responsibilities,
including collection and Recycling, and effectively carrying out those responsibilities; and
9.2.j Provide input on such disputes as MSWAC deems appropriate.
9.3 The County shall assume the following responsibilities with respect to MSWAC;
9.3.a The County shall provide staff support to MSWAC;
9.3.b In consultation with the chair of MSWAC, the County shall notify all
cities and their designated MSWAC representatives and alternates of the MSWAC meeting
times, locations and meeting agendas. Notification by electronic mail or regular mail shall meet
the requirements of this Subsection;
9.3.c The County will consider and respond on a timely basis to questions and
issues posed by MSWAC regarding the System, and will seek to resolve those issues in
collaboration with the Cities. Such issues shall include but are not limited to development of
efficient and accountable billing practices; and
9.3.d. The County shall provide all information and supporting documentation
and analyses as reasonably requested by MSWAC for MSWAC to perform the duties and
functions described in Section 9.2.
X. FORUM INTERLOCAL AGREEMENT
10.1 As of the effective date of this Agreement, the Forum Interlocal Agreement and
Addendum to Solid Waste Interlocal Agreement and Forum Interlocal Agreement by and
between the City and County continue through June 30, 2028. After 2028 responsibilities
assigned to the Forum shall be assigned to the Regional Policy Committee. The Parties agree that
Solid Waste System policies and plans shall continue to be deemed regional countywide policies
DI.B Page 152 of 177
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and plans that shall be referred to the Regional Policy Committee for review consistent with
King County Charter Section 270.30 and chapter 1.24 King County Code.
XI. COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN
11.1 King County is designated to prepare the Comprehensive Solid Waste
Management Plan (Comprehensive Plan) and this plan shall include the City's Solid Waste
Management Comprehensive Plan pursuant to chapter 70.95.080(3) RCW.
11.2 The Comprehensive Plan shall be reviewed and any necessary revisions
proposed. The County shall consult with MSWAC to determine when revisions are necessary.
King County shall provide services and build facilities in accordance with the adopted
Comprehensive Plan.
11.3 The Comprehensive Plans will promote Waste Prevention and Recycling in
accordance with Washington State Solid Waste management priorities pursuant to chapter 70.95
RCW, at a minimum.
11.4 The Comprehensive Plans will be prepared in accordance with chapter 70.95
RCW and Solid Waste planning guidelines developed by the Department of Ecology. The plan
shall include, but not be limited to:
11.4.a Descriptions of and policies regarding management practices and facilities
required for handling all waste types;
11.4.b Schedules and responsibilities for implementing policies;
11.4.c Policies concerning waste reduction, Recycling, Energy and Resource
Recovery, collection, transfer, long-haul transport, Disposal, enforcement and administration;
and
DI.B Page 153 of 177
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11.4.d Operational plan for the elements discussed in Item c above.
11.5 The cost of preparation by King County of the Comprehensive Plan will be
considered a cost of the System and financed out of the rate base.
11.6 The Comprehensive Plans will be “adopted” within the meaning of this
Agreement when the following has occurred:
11.6.a The Comprehensive Plan is approved by the King County Council; and
11.6.b The Comprehensive Plan is approved by cities representing three-quarters
of the population of the incorporated population of jurisdictions that are parties to the Forum
Interlocal Agreement. In calculating the three-quarters, the calculations shall consider only those
incorporated jurisdictions taking formal action to approve or disapprove the Comprehensive Plan
within 120 days of receipt of the Plan. The 120-day time period shall begin to run from receipt
by an incorporated jurisdiction of the Forum's recommendation on the Comprehensive Plan, or,
if the Forum is unable to make a recommendation, upon receipt of the Comprehensive Plan from
the Forum without recommendation.
11.7 Should the Comprehensive Plan be approved by the King County Council, but not
receive approval of three-quarters of the cities acting on the Comprehensive Plan, and should
King County and the cities be unable to resolve their disagreement, then the Comprehensive Plan
shall be referred to the State Department of Ecology and the State Department of Ecology will
resolve any disputes regarding Comprehensive Plan adoption and adequacy by approving or
disapproving the Comprehensive Plan or any part thereof.
11.8 King County shall determine which cities are affected by any proposed
amendment to the Comprehensive Plan. If any City disagrees with such determination, then the
City can request that the Forum determine whether or not the City is affected. Such
DI.B Page 154 of 177
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determination shall be made by a two-thirds majority vote of all representative members of the
Forum.
11.9 Should King County and the affected jurisdictions be unable to agree on
amendments to the Comprehensive Plan, then the proposed amendments shall be referred to the
Department of Ecology to resolve any disputes regarding such amendments.
11.10 Should there be any impasse between the Parties regarding Comprehensive Plan
adoption, adequacy, or consistency or inconsistency or whether any permits or programs adopted
or proposed are consistent with the Comprehensive Plan, then the Department of Ecology shall
resolve said disputes.
XII. MITIGATION
12.1 The County will design, construct and operate Solid Waste facilities in a manner
to mitigate their impact on host Cities and neighboring communities pursuant to applicable law
and regulations.
12.2 The Parties recognize that Solid Waste facilities are regional facilities. The
County further recognizes that host Cities and neighboring communities may sustain impacts
which can include but are not limited to local infrastructure, odor, traffic into and out of Solid
Waste facilities, noise and litter.
12.3 Collaboration in Environmental Review. In the event the County is the sole or co-
Lead Agency, then prior to making a threshold determination under the State Environmental
Policy Act (SEPA), the County will provide a copy of the SEPA environmental checklist, if any,
and proposed SEPA threshold determination to any identifiable Host City (as defined below) and
adjacent or neighboring city that is signatory to the Agreement and that may be affected by the
DI.B Page 155 of 177
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project ("Neighboring City") and seek their input. For any facility for which the County prepares
an Environmental Impact Statement (EIS), the County will meet with any identified potential
Host City (as defined below) and any Neighboring City to seek input on the scope of the EIS and
appropriate methodologies and assumptions in preparing the analyses supporting the EIS.
However, nothing in this Section shall limit or impair the County's ability to timely complete the
environmental review process.
12.4 Collaboration in Project Permitting. If a new or reconstructed Solid Waste facility
is proposed to be built within the boundaries of the City ("Host City") and the project requires
one or more "project permits" as defined in chapter 36.70B.020(4) RCW from the Host City,
before submitting its first application for any of the project permits, the County will meet with
the Host City and any Neighboring City, to seek input. However, nothing in this Section shall
limit or impair the County's ability to timely submit applications for or receive permits, nor
waive any permit processing or appeal timelines.
12.5 Separately, the County and the City recognize that in accordance with 36.58.080
RCW, a city is authorized to charge the County to mitigate impacts directly attributable to a
County-owned Solid Waste facility. The County acknowledges that such direct costs include
wear and tear on infrastructure including roads. To the extent that the City establishes that such
charges are reasonably necessary to mitigate such impacts, payments to cover such impacts may
only be expended only to mitigate such impacts and are System costs. If the City believes that it
is entitled to mitigation under this Agreement, the City may request that the County undertake a
technical analysis regarding the extent of impacts authorized for mitigation . Upon receiving such
a request, the County, in coordination with the City and any necessary technical consultants, will
develop any analysis that is reasonable and appropriate to identify impacts. The cost for such
DI.B Page 156 of 177
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analysis is a System cost. The City and County will work cooperatively to determine the
appropriate mitigation payments and will document any agreement in a Memorandum of
Agreement. If the City and the County cannot agree on mitigation payments, the dispute
resolution process under chapter 36.58.080 RCW will apply rather than the dispute resolution
process under Section XII of the Agreement.
XIII. DISPUTE RESOLUTION
13.1 Unless otherwise expressly stated, the terms of this Section XIII shall apply to
disputes arising under this Agreement.
13.2 Initial Meeting.
13.2.a Either Party shall give notice to the other in writing of a dispute involving
this Agreement.
13.2.b Within ten (10) business days of receiving or issuing such notice, the
County shall send an email notice to all Cities.
13.2.c Within ten (10) business days of receiving the County’s notice under
Subsection 13.2.b, a City shall notify the County in writing or email if it wishes to participate in
the Dispute Resolution process.
13.2.d Within not less than twenty-one (21) days nor more than thirty (30) days
of the date of the initial notice of dispute issued under Subsection 13.2.a, the County shall
schedule a time for staff from the County and any City requesting to participate in the dispute
resolution process ("Participating City") to meet (the “initial meeting”). The County shall
endeavor to set such initial meeting a time and place convenient to all Participating Cities and to
the County.
DI.B Page 157 of 177
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13.3 Executives' Meeting.
13.3.a If the dispute is not resolved within sixty (60) days of the initial meeting,
then within seven (7) days of expiration of the sixty (60)-day period, the County shall send an
email notice to all Participating Cities that the dispute was not resolved and that a meeting of the
County Executive, or his/her designee and the chief executive officer(s) of each Participating
City, or the designees of each Participating City (an “executives' meeting”) shall be scheduled to
attempt to resolve the dispute. It is provided, however, that the County and the Participating
Cities may mutually agree to extend the sixty (60)-day period for an additional fifteen (15) days
if they believe further progress may be made in resolving the dispute, in which case, the
County’s obligation to send its email notice to the Participating Cities under this Subsection that
the dispute was not resolved shall be within seven (7) days of the end of the extension. Likewise,
the County and the Participating Cities may mutually conclude prior to the expiration of the sixty
(60)-day period that further progress is not likely in resolving the dispute at this level, in which
case, the County shall send its email notice that the dispute was not resolved within seven (7)
days of the date that the County and the Participating Cities mutually concluded that further
progress is not likely in resolving the dispute.
13.3.b Within seven (7) days of receiving the County’s notice under Subsection
13.3.a each Participating City shall notify the County in writing or email if it wishes to
participate in the executives' meeting.
13.3.c Within not less than twenty-one (21) days nor more than thirty (30) days
of the date of the notice of the executives' meeting issued under Subsection 13.3.a, the County
shall schedule a time for the executives' meeting. The County shall endeavor to set such
DI.B Page 158 of 177
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executives' meeting a time and place convenient to all Participating Cities that provided notice
under Subsection 13.3.b and to the County.
13.4. Non-Binding Mediation.
13.4.a If the dispute is not resolved within thirty (30) days of the executives'
meeting, then any Participating City that was Party to the executives' meeting or the County may
refer the matter to non-binding meditation by sending written notice within thirty-five (35) days
of the initial executives' meeting to all Parties to such meeting.
13.4.b Within seven (7) days of receiving or issuing notice that a matter will be
referred to non-binding mediation, the County shall send an email notice to all Participating
Cities that provided notice under Subsection 13.3.b informing them of the referral.
13.4.c Within seven (7) days of receiving the County’s notice under Subsection
13.4.b, each Participating City shall notify the County in writing if it wishes to participate in the
non-binding mediation.
13.4.d The mediator will be selected in the following manner: The City(ies)
electing to participate in the mediation shall propose a mediator and the County shall propose a
mediator; in the event the mediators are not the same person, the two mediators shall select a
third mediator who shall mediate the dispute. Alternately, the City(ies) participating in the
mediation and the County may agree to select a mediator through a mediation service mutually
acceptable to the Parties. The Parties to the mediation shall share equally in the costs charged by
the mediator or mediation service. For purposes of allocating costs of the mediator or mediation
service, all Cities participating in the mediation will be considered one Party.
13.5 Superior Court. Any Party, after participating in the non-binding mediation, may
commence an action in King County Superior Court after one hundred eighty (180) days from
DI.B Page 159 of 177
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the commencement of the mediation, in order to resolve an issue that has not by then been
resolved through non-binding mediation, unless all Parties to the mediation agree to an earlier
date for ending the mediation.
13.6 Unless this Section XIII does not apply to a dispute, then the Parties agree that
they may not seek relief under this Agreement in a court of law or equity unless and until each of
the procedural steps set forth in this Section XIII have been exhausted, provided, that if any
applicable statute of limitations will or may run during the time that may be required to exhaust
the procedural steps in this Section XIII, a Party may file suit to preserve a cause of action while
the Dispute Resolution process continues. The Parties agree that, if necessary and if allowed by
the court, they will seek a stay of any such suit while the Dispute Resolution process is
completed. If the dispute is resolved through the Dispute Resolution process, the Parties agree to
dismiss the lawsuit, including all claims, counterclaims, and cross-claims, with prejudice and
without costs to any Party.
XIV. FORCE MAJEURE
The Parties are not liable for failure to perform pursuant to the terms of this Agreement
when failure to perform was due to an unforeseeable event beyond the control of either Party
(“force majeure”). The term “force majeure” shall include, without limitation by the following
enumeration: acts of nature, acts of civil or military authorities, terrorism, fire, accidents,
shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, or labor
disputes, causing the inability to perform the requirements of this Agreement, if either Party is
rendered unable, wholly or in part, by a force majeure event to perform or comply with any
obligation or condition of this Agreement, upon giving notice and reasonably full particulars to
DI.B Page 160 of 177
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the other Party, such obligation or condition shall be suspended only for the time and to the
extent practicable to restore normal operations.
XV. MERGER
This Agreement merges and supersedes all prior negotiations, representation and/or
agreements between the Parties relating to the subject matter of this Agreement and constitutes
the entire contract between the Parties [except with regard to the provisions of the Forum
Interlocal Agreement]; provided that nothing in Section XV supersedes or amends any
indemnification obligation that may be in effect pursuant to a contract between the Parties other
than the Original Agreement; and further provided that nothing in this Agreement supersedes,
amends or modifies in any way any permit or approval applicable to the System or the County’s
operation of the System within the jurisdiction of the City.
XVI. WAIVER
No waiver by either Party of any term or condition of this Agreement shall be deemed or
construed to constitute a waiver of any other term or condition or of any subsequent breach
whether of the same or a different provision of this Agreement.
XVII. THIRD PARTY BENEFICIARY
This Agreement is not entered into with the intent that it shall benefit any other entity or
person except those expressly described herein, and no other such person or entity shall be
entitled to be treated as a third-party beneficiary of this Agreement.
DI.B Page 161 of 177
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XVIII. SURVIVABILITY
Except as provided in Section 8.1, 8.2, 8.3, Section 8.6.c, except 8.6.ciii and Section 8.6d,
no obligations in this Agreement survive past the expiration date as established in Section III.
XIX. NOTICE
Except as otherwise provided in this Agreement, a notice required to be provided under
the terms of this Agreement shall be delivered by certified mail, return receipt requested or by
personal service to the following person:
For the City:
DI.B Page 162 of 177
- 33 -
For the County:
Director
King County Solid Waste Division
201 South Jackson Street, Suite 701
Seattle, Washington 98104
IN WITNESS WHEREOF, this Agreement has been executed by each Party on the date
set forth below:
CITY of KING COUNTY
(Mayor/City Manager) King County Executive
Date Date
Clerk-Attest Clerk-Attest
Approved as to form and legality Approved as to form and legality
City Attorney King County Deputy Prosecuting Attorney
Date Date
DI.B Page 163 of 177
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6428
Date:
January 25, 2013
Department:
Public Works
Attachments:
Ordinance No. 6428
Budget Impact:
$0
Administrative Recommendation:
Municipal Services Committee to recommend City Council introduce and adopt
Ordinance No. 6428.
Background Summary:
Ordinance No. 6439 amends City Code to reflect changes in the appointment of the
Emergency Management Director.
Reviewed by Council Committees:
Municipal Services, Public Works
Councilmember:Peloza Staff:Dowdy
Meeting Date:February 4, 2013 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 164 of 177
----------------------------------
Ordinance No. 6428
October 10, 2012
Page 1 of 3
ORDINANCE NO. 6 4 2 8
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 2.75.040 AND 2.75.060 OF THE
AUBURN CITY CODE RELATING TO THE
DIRECTOR OF EMERGENCY MANAGEMENT
WHEREAS, the City recently reconfigured its organization responsibilities
for emergency management and included the Public Works Director for the
Director of Emergency Management; and
WHEREAS, it would be appropriate to reflect that change in the Auburn
City Code and include the flexibility of the Mayor to make such an appointment in
the future as well as to include the Director of Emergency Management
(whomsoever that may be) as a member of the Emergency Operations Board.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 2.75.040 of
the Auburn City Code be and the same hereby is amended to read as follows:
2.75.040 Director of emergency management.
The organization shall be headed by the director of emergency
management. The mayor shall appoint the chief of police as the director of
emergency management. The director shall be directly responsible for the
organization, administration and operation of the emergency management
organization. The emergency operations plan and any amendments thereto shall
be effective when approved by the emergency operations board. (Ord. 6088 § 1,
2007; Ord. 4424 § 3, 1990; Ord. 3957 § 2(4), 1984.)
Section 2. Amendment to City Code. That section 2.75.060 of
the Auburn City Code be and the same hereby is amended to read as follows:
2.75.060 Emergency operations board.
DI.D Page 165 of 177
----------------------------------
Ordinance No. 6428
October 10, 2012
Page 2 of 3
A. There is created and established an emergency operations board to
oversee and provide policy recommendations to the city council during
emergency and recovery periods, and to provide policy direction for development
and maintenance of the emergency operations plan. During any emergency or
disaster, the board shall also oversee and provide direction to the emergency
management committee, and shall be chaired by the director of emergency
management.
B. The emergency operations board shall consist of the following
members:
1. Mayor, who shall be the chairperson;
2. Director of emergency management, who shall be the vice-chairperson.
2. Chief of police, who shall be the vice-chairperson;
3. All department heads of the city of Auburn.
C. Each department director shall have specific duties and responsibilities
for mitigation, preparedness, response and recovery as provided in the city
emergency operations plan and shall ensure that the policies established by the
emergency management organization in the plan are implemented within their
respective city departments. (Ord. 6088 § 1, 2007; Ord. 3957 § 2(6), 1984.)
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 4. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 5. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
DI.D Page 166 of 177
----------------------------------
Ordinance No. 6428
October 10, 2012
Page 3 of 3
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.D Page 167 of 177
AGENDA BILL APPROVAL FORM
Agenda Subject:
Capital Project Status Report
Date:
January 28, 2013
Department:
Public Works
Attachments:
Capital Project Status Report
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached report.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Gaub
Meeting Date:February 4, 2013 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 168 of 177
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DI.E Page 169 of 177
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DI.E Page 170 of 177
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22
CP
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CP
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Pa
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f
6
DI.E Page 171 of 177
Da
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:
Ja
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2
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No
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Pa
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6
DI.E Page 172 of 177
Da
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Ja
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DI.E Page 174 of 177
AGENDA BILL APPROVAL FORM
Agenda Subject:
Action Tracking Matrix
Date:
January 28, 2013
Department:
Public Works
Attachments:
Public Works Tracking Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
See attached matrix.
Reviewed by Council Committees:
Public Works
Councilmember:Wagner Staff:Dowdy
Meeting Date:February 4, 2013 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 175 of 177
Updated: 1/30/2013 2:34 PM
No.Item Description Contact
Next PWC
Review Date Est. Comp.
Date Status
A Sidewalk Program Funding Sources Para 6/1/2013 PWC to review funding options with Midbiennium budget planning.
B
Track completed project on the 2012 Active
Capital Improvement Projects Map Gaub
C Fulmer Well-Field Feasibility Study Updates Repp 3/18/2013 Initial study finding are not yet completed.
D Flashing Yellow Arrows - Signal Timing Para 2/19/2013 2/19/13
Discuss PWC request for standard FYA phasing and timing
explanation
E System Development Charges (SDCs)Repp 11/1/2013 Yearly Review of SDCs
F SDC and Cost of Service Analysis Scope Repp 1/22/2013 7/31/2013 Consultant preparing scope and budget
G Payback/Charge in-lieu Process Repp 2/18/2013 2/18/2013 Review current City process
H
CP1224, 2013 Local Street Pavement
Reconstruction Project Wickstrom 4/15/2013 4/15/2013 50% Design Review
I
CP1120, Lea Hill Safe Routes to Schools
Improvement Truong 4/1/2013 4/1/2013 50% Design Review
J Comprehensive Transportation Plan Update Webb 6/3/2013 11/1/2014
Discussion of LOS Standards (Corridors: N/S vs E/W), modeling
scenarios Incorporating "Event Traffic", & safety versus efficiency
policy.
K BNSF Stampede Pass Line Para 3/18/2013 3/18/2013 Discuss Chairman Wagner's email.
L
CP1122, 30th Street NE Area Flooding - Phase
1 Truong 5/1/2013 5/1/2013 Review scope at 60% design stage
Public Works Committee - Action Tracking Matrix
Ongoing - Quarterly updates, next one in April
DI.F Page 176 of 177
Updated: 1/30/2013 2:34 PM
No.Item Description Contact
Next PWC
Review Date Est. Comp.
Date Status
M C524A, SCADA Project Repp 2/4/2013 2/4/2013 Review project status and demonstrate capabilities of system.
N LED Lighting Standards Para 3/18/2013 3/18/2013
Discuss research findings and current state of LED lighting
technology.
DI.F Page 177 of 177