The URL can be used to link to this page

Home My WebLink About3323 RESOLUTION NO. 3 3 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO IMPLEMENT, SUCH ADMINISTRATIVE PROCEDURES AS MAY BE NECESSARY TO ALLOW SOIL SAMPLING FOR ARSENIC AND LEAD ON CITY PROPERTY BY THE PUBLIC HEALTH SE-ATTLE AND KING COUNTY. WHEREAS, pursuant to RCW 35A.11.040 and RCW 35A.35.010 Aubum has the legal authority to exercise its powers to enter into an intergoyernmental cooperation agreement with Public Health Seattle and Ki.ng County; and WHEREAS, this intergovernmental cooperation is for the purpose of investigating and identifying possible soil contamination from the ASARCO `_ Smelter. NOW, THEREFORE; THE COUNCIL OF 7HE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: - � Section 1. The purpose of this study, known as the Tacoma Smelter Plume Project, is to investigate and identify possible soil contamination in King County that is suspected to be a result of the contamination plume from the arsenic copper smelter in Ruston, Washington. Section 2. Public Health Seattle and King Gounty is under contract with the Department of Ecology to collect soil samples for evaluation u_nder the Model Toxics Control Act Regulations. To perform the sampling on City Resolution No..3323 2/6/01 Page 1 property, known as the 1Nest Hill Springs Watershed Parcel #112104-9008, � Public Health Seattle and King County requires written authorization through a Permission to Sample Form. A copy of said form is attached hereto, �� denominated as Exhibit "A" and made a part hereof as though set forth in full herein. S_ection 3. The Mayor and C'ity Clerk of the City of Auburn are herewith authorized to execute said form. Section 4. The Mayor is hereby aufhorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. � �' _ ; DATED this�day o _ _ , 2001, CITY OF AUBURN �� . ��a _ � CHARLES A. BOOTH MAYOR Resolution No.3323 2/6/01 , Page 2 ATTEST: - � ' Dan l le E. Daskam, � City Glerk APPROVED AS TO FORM: � � � , Michael J. Reynolds, City Attorney , Resolution No.3323 2l6/01 Page 3 • �� L1�I1C ��,it�l Seattle & King County HEALTHY PEOPLE. HEALTHY COMMUNITIES. _ _. _ __ _ . . I'ermission to Sa�ple Fo�m �� ;�� -��`�" Site Name c�"" � �� Cit of Auburn ,._.., � Parcel# Site Address 112104-9008 1900 15 St. NW, Auburn, WA 98001 Name(please print) Phone:Home Cit of Auburn . Address Phone:Work 25 W. Main St. 253.`931.3010 _. _ _ __ Mailing Address Email Address Same _.. — ---- _ _ City State Zip Code Aubiirn WA. . .. _--_ _. _._ -- --- - ------_ . Name of Landlord Phone: __._ _ 253.804.5Q65 Address City State Zip ` -- -..-- A b rn 1- • Due to recent soil sampling results on Vashon-Maury Island and Mainland King Gounty,Public Health Seattle&King County is requestirig volunteers to have properEies sampled. o A Public Health Seattle&King Coun.ty representatiye will be on site at a prearranged date coordinated with the homeowner. , • The sampler will,announce their presence when they ariive. � I ain willing to have my property sampled � I am not willing to have my property samples _ _- -- _ _ � I would like to receive a copy of the analytical results � I would prefer not to receive a copy of the analytical results Is there anything that the samplex should be aware of when coming to collect the samples? Contact City for- access. Dogs � Gates/Fe.nces � Other(Ex.Disturbance of area)_ Signatur Dafe � ' � � . Mayor �� a o �U d 1 Fxhibit A -- - - - - Resolution No. 3323 � •i J , � RIGHT OF ENTRY,INDEMNIFICATION AND RES�'ORATION AGREEMENT THIS RIGHT OF'ENTRY, INDEMNIFICATION AND RESTORATION AGREEMENT ("Agreement") is made this�day of February, 2001,b.y and between the City of Auburn, Washington("Auburn"), a Washington Muriicipal corporation and the Seattle King County. Department of Public Health(the"Department). RECITALS A. Auburn is the owner of that certain real property more particularly described on the map attached as Exhibit A(the"Property). B. Auburn received a letter from the Department dated January,2001 requesting entry to the Property for the purpose of conducting soil testing. C. Auburn is willing to grant the Deparhnent's request under the term and conditions set forth herein. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and covenants herein,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. E�. The Department and the Department's representatives, agents, employees and designees may enter upon the Property for purposes of conducting the soil testing, sampling or investigation outlined in the January 2001 letter(the"Testing"). 2. Testin . The Department shall, at its own expense, complete the Testing on the Property. The Department shall provide Auburn with full and complete copies of any and all written test results,reports, studies, surveys or investigations relating to the Testing and the condition of the Property,provided such documents are requested by Auburn and are subject to public disclosure. 3. Rigllt to Supervise. Auburn shall have the right of approval and supervision of a.ny proposed aspect of the Testing that could result in any damage to the Property. Auburn shall have the right to have a representative of Auburn accompany the Deparhnent and the Department's representatives, agents, employees or designees at all times during which access to Property is needed. Any entry by the Department, its representatives;agents, employees or designees, during the Testing, shall not interfere with Auburn's use of enjoyment of the Property or any of Auburn's operation there on. 4. Indemnification. The Department shall release, indemnify and promise to defend and , save harmless Auburn from and against any and all liability, loss, damage, expense, actions and claims including costs and reasonable attorneys' fees brought by or on behalf of any tlurd party and any of the Department's employees, contractors, subcontraetors, or agents for injuries which are caused by or as a result from the negligent act(s) or omission(s) of the Department, its officers, employees, agents or subcontractors arising out of their presenee and/or soil testing procedures on the Property pursuant to the terms of this Agreement. For this purpose, the Department, by mutual negotiation; hereby waives,with respect to Auburn only, any and all immunifies that would otherwise be available against such claims under the Industrial Insurance provision of Title 51 RCW. 5. Restoration. The Department shall, at its own expense,promptly and fully restore to pre-entry condition the Property, including any and all vegetation, from any dainage resulting from the Department's entry pursuant to the terms and condition of this Agreement. DATED as of the date first written above. THE DEPA1tTMENT: SEATTLE KING COUNTY DEPARTMENT OF PUBLIC HEALTH � BY• onzo Plo , ir to �/��/D/ CITY OF AUBURN: City of Auburn, a Washington Municipal corporation � By: City of Auburn, a Washington Muriicipal corporation Its: Agent By: ��.a�,�o �, Its MAYOR ENCLOSURES: EXHIBIT A: Map of the Property EXHIBIT B: Permission to Sample Form � !��'��% . , . . � . . „ ' -- -------- -------------.----- ��- i��■ � . � � �� ■�1� ��i►�%�i�� 1 ■ �� it� ��., � �,�� ' �� 11 �� ■ ��11 ��11 �. ► �j , ♦♦ � ; �� .� 11111 ♦ � �� •�� - • �� C �; ,�r .-�� c .� �,� � _ . ��c �►, ..�I• •• �� ,__ � � �� . , �- � ■ ♦ . i �� r�� s� ��; ■� �� T:I�� M�� . ��/ Q� �� ■■� : �C '�/ � " •o : �; �� O� • � � � �'�� , �� .. ��7 , ' �,'` � /�till��►li � � �� III'll I , I I,I I ��I � �■ ' �� u � I ' �= �� '�� _ ■� �� f �� - C �. ` . - �.. e � � �'� _ ��flr'�s - • - _ !� = � �e�n � � �� IE _ � ■. �� 111�► � ra � � ♦ �. ��1 _ � �� '�� , � �, � � � �� oo __ =� � : � . I� ► ,� _. . !!�!��, ► , �� . � � .� � � � ��i �� i� � u'll� � � , �� _ ' � i �� -� � � � - �� w i r� � �� i � :_ ; �i'r �1� �7 • �= � � —� II ■ �■ �� s � ��%� � 11� �i�� i �,� � -� � � � � � � ��i •� � � i - „ o� � �►��j� � �� - s ■ ■ �t�e�� ► .�,. ♦ � �►� �!�` ■��.�. ■ �! ;,��5� � ` .�t /► �� E�.� �j e� � � .� n�� i � �■ ■ � I� � � �� '� /'� �� I/►�� .�' ��.. ,� - � � i � � :;� �l1�� . � /�� alllll� I - .� � ■ � �� i'� ��v ♦ ••. � �� ♦ � � � � �:. ♦ � � � � �1� . -�.� __ _� _ �� S , �'J(�fs/31' � . � _ ... ..__._.. .__ __._ _ .. _.: T_ . �. _ ....__.._ _. _ .. _ .. --- - . , -- _ � , ,, . a • Public Health � : Seattle & King County �, NEALTHY PEOPLE. HEAL7HY COMMUNITIES. Permission to Sample Form ;: �Site;#��.�;�;��.�'� � ,,,�;r -Site Yame . ;: E'oi offce�us�on'�,�„,�_.r�:�� _.,,�::;. C itv of Auburn _ _ ---- - :: Parcel# - Site:�,ddress � 112104-9008 1900 15 St. NW,: Auburn,, WA 98001 � � , - _ --- -_ .�ame(please print) Phone: Home i� Citv of Auburn �►ddress Phone: Work ;� � 2� W. �Sain St. 253.931.3010 - -- - .Nlailing�ddress Email Address - ;: Same - __. _ ---_ - . . _- -- - � City _ � State Zip-Code " � ._� Auburn + WA a n i-aao _ _ ' _ . _ _ _ _ � __ _ . Yame of Landlord Phone: �- o �+.-' T T 253.804.5Q6� - � �,ddress City State. ' Zip ��: � � M ' Auburn_ W I-da ` _ ___ ._ - , ;: • Due co recenc soil sampIing results on Vashon-vtaury Island and Mainland King Couary,Public Health Seattle&Kin� " County is requesting volunteers to have properties sampled • A Public Health Seattle&King Counry representafive will be on site ata prearranged date coordinated with the � f: omeowner:, �; �:: • The samplerwill,announce their presence when they azrive. {= ,; _ _ _ ;: i, � I am willing to have my praperry sampled � „ ❑ I am not willing to have my properry samples i, I would 1'ike to receive a copy of the analytical results •i: � � �S ❑ I would prefer not to receive a copy of the analytical results i Is there anything that the samplershould be aware of when coming to collect the sa�nples:� Contact City for access. , ; -- ^ � Dogs � Gates/Fences � Other(Ex=Disturbance of area)_ , �� __. Signature - - _ _. _ _ Date �. j. � , ,. ; . � j.