HomeMy WebLinkAbout04-02-2018 CITY COUNCIL AGENDACity Council Meeting
April 2, 2018 - 7:00 P M
City Hall Council Chambers
A GE NDA
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .S ikh Heritage Day P roclamation
Mayor Backus to proclaim A pril 14, 2018 as "Sikh Heritage Day" in the city of A uburn.
B .S exual A ssault Awareness Month Proclamation
Mayor Backus to proclaim A pril 2018 as "Sexual Assault Awareness Month" in the city
of Auburn.
C.A rbor Day P roclamation
Mayor Backus to declare April 19th, 2018 as "Arbor Day" in the city of A uburn.
I I I .AP P O I NT M E NT S
A .B oard and Commission A ppointments
City Council to confirm the appointment of Michael P alko-Dean to the Parks and
Recreation B oard for a three-year term to expire December 31, 2020.
(RECOM M ENDED ACTION: City Council confirm the appointment to the
Parks and Recreation Board.)
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
C.Correspondence (T here is no correspondence for City Council review.)
Page 1 of 91
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the March 19, 2018 Regular City Council Meeting
B .Minutes of the March 12, 2018 City Council Study Session
C.Claims Vouchers (Coleman)
Claims vouchers 448097 through 448238 in the amount of $1,325,835.61 and seven
wire transfers in the amount of $705,277.99 and dated A pril 2, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 537834 through 537856 in the amount of $522,703.11 and
electronic deposit transmissions in the amount of $1,912,395.85 for a grand total of
$2,435,098.96 for the period covering March 15, 2018 to March 28, 2018.
(RECOM M ENDED ACTION: City Council approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.NE W B US I NE S S
X .O RD INANC E S
A .Ordinance No. 6674 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, granting a
franchise agreement for a petroleum products pipeline to Olympic Pipe L ine Company,
L L C
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6674.)
B .Ordinance No. 6680 (Coleman)
A n Ordinance of the City Council of the City of A uburn, Washington, amending
Ordinance No. 6621, the 2017-2018 B iennial B udget Ordinance, as amended by
Ordinance No. 6646, Ordinance No. 6656, Ordinance No. 6665, and Ordinance No.
6666, authorizing amendment to the City of Auburn 2017-2018 B udget as set forth in
S chedule "A" and Schedule "B "
(RECOM M ENDED ACTION: City Council adopt Ordinance No. 6680.)
X I .RE S O L UT IO NS
A .Resolution No. 5357 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to sign an I nterlocal Agreement with other Washington agencies for the purpose
of receiving and providing water/wastewater mutual aid in the event of an emergency
Page 2 of 91
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5357.)
B .Resolution No. 5359 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the City
to apply for and, if awarded, to accept grant funds in the amount of $136,111.00 from
the Washington S tate Department of Transportation, Aviation Division, to perform the
design, land acquisition, and construction of the Auburn Municipal A irport Runway
E nhancement P roject for the A uburn Municipal Airport and authorizing the execution of
the grant agreement therefore
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5359.)
C.Resolution No. 5360 (Heid)
A Resolution of the City Council of the City of A uburn, Washington, declaring certain
two parcels of real property as surplus and authorizing the Mayor to execute a
P urchase and S ale Agreement conveying the properties
(RECOM M ENDED ACTION: City Council adopt Resolution No. 5360.)
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I I I .AD J O URNM E NT
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.
Page 3 of 91
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the March 19, 2018 Regular City Council Meeting
Date:
March 27, 2018
Department: Attachments:
03-19-2018 minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:April 2, 2018 Item Number:CA.A
Page 4 of 91
City Council Meeting
March 19, 2018 - 7:00 P M
City Hall Council Chambers
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy B ackus called the meeting to order at 7:00 p.m. in the
Council C hambers at Auburn C ity Hall, 25 West Main Street in Auburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: D eputy Mayor Bob B aggett, L arry B rown,
Claude D aCorsi, J ohn Holman, B ill P eloza and Yolanda Trout-Manuel.
Councilmember L argo Wales was excused.
Mayor Nancy B ackus and the f ollowing department directors and staf f were
in attendance: C ity A ttorney D aniel B . Heid, F inance D irector S helley
Coleman, Director of A dministration D ana Hinman, A ssistant Director of
E ngineering Services/C ity Engineer I ngrid Gaub, Police Commander Dan
O'Neil, P arks, A rts and Recreation Director Daryl Faber, and Deputy City
Clerk S hawn Campbell.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
There was no announcement, proclamation or presentation.
I I I .AP P O I NT M E NT S
A .2018 - 2020 Poet L aureate
City Council to confirm the appointment of S usan L andgraf as A uburn’s 2018-2020
P oet L aureate.
Deputy Mayor Baggett moved and Councilmember B rown seconded to
confirm the appointment of S usan L andgraf as the 2018-2020 Poet
L aureate.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
I V.AG E ND A M O D I F IC AT I O NS
There was no change to the agenda.
Page 1 of 6Page 5 of 91
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Right-of-Way Vacation V 1-17 (Gaub)
City Council to conduct a public hearing in consideration of Right-of-Way Vacation
No. V1-17.
Mayor B ackus opened the hearing at 7:03 p.m.
Virginia Haugen, 2503 R Street S E , Auburn
Ms. Haugen asked for the location of the right-of-way vacation. Mayor
Backus stated it is located in the vicinity of 1412 3rd S T S E.
Assistant Director Gaub explained the City removed the 4th street
corridor project from the Comprehensive Plan and no longer needs
the property for a road connection.
No further audience members requested to speak, and the hearing
was closed at 7:05 p.m.
2.Public Hearing for Franchise A greement No. 17-22
(Gaub)
City Council to conduct a public hearing in consideration of F ranchise Agreement
No. 17-22 for Olympic P ipe L ine Company, L L C.
Mayor B ackus opened the public hearing at 7:06 p.m.
Virginia Haugen, 2503 R Street S E , Auburn
Ms. Haugen stated she believes this company has had a gas leak and
an accident previously. Council needs to think about allowing these
pipes in the City.
Assistant Director Gaub explained the Utilities Transportation
Commission (UT C) regulates the pipelines. This company has been
in the City for many years. T his is a new 5 year franchise agreement
because the previous agreement has expired.
No further speakers came forward, and Mayor Backus closed the
public hearing at 7:08 pm.
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
Daniel Roy, P.O. Box 136, Renton
Mr. Roy has noticed the statues and art around the City. He does not feel
the art is doing anything to help the residents of Auburn. He requested the
Page 2 of 6Page 6 of 91
Council instead use the money to help people.
B ob Z immerman, 33029 46th Place South, A uburn
Mr. Z immerman attended the Citizens A cademy where the Building
Department was reported to be the most accommodating in the area. T hat
has not been his experience. He expressed his displeasure with staff.
Virginia Haugen, 2503 R S treet S E, A uburn
Ms. Haugen stated she does not like seeing juicy headlines in the paper
regarding the City Council. S he cautioned Councilmembers to mind their
manners.
C.Correspondence
There was no correspondence for Council review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
Councilmember B rown member of the Finance ad hoc committee that
reviews claims and payroll vouchers, reported he and Councilmember
Holman reviewed the payroll vouchers and electronic deposits in the
approximate amount of $2.1 million and claims vouchers and wire transfers
in the amount of approximately $4.8 million for the periods of March 1,
2018 to March 14, 2018 and dated March 19, 2018, respectively. T he ad
hoc committee recommends approval of the claims and payroll vouchers
as described on the Consent A genda.
Councilmember DaCorsi, chair of the Roads Projects ad hoc committee
reported the committee is still reviewing data and has not met recently.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the March 5, 2018 regular City Council meeting
B .Minutes of the J anuary 8, 2018 City Council S tudy S ession
C.Claims Vouchers (Coleman)
Claims vouchers 447914 through 448096 in the amount of $4,702,165.01 and four
wire transfers in the amount of $473,999.98 and dated March 19, 2018.
D.P ayroll Vouchers (Coleman)
P ayroll check numbers 537813 through 537833 in the amount of $224,194.73 and
electronic deposit transmissions in the amount of $1,933,261.90 for a grand total of
$2,157,456.63 for the period covering March 1, 2018 to March 14, 2018.
Page 3 of 6Page 7 of 91
Deputy Mayor Baggett moved and Councilmember DaCorsi seconded to
approve the consent agenda
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
X .O RD INANC E S
A .Ordinance No. 6671 (Gaub)
A n Ordinance of the City Council of the City of A uburn Washington, vacating real
property intended for right-of-way purposes located at 1412 3rd Street S E , within the
City of Auburn, Washington
Councilmember Holman moved and Councilmember Peloza seconded to
adopt Ordinance No. 6671.
Councilmember Holman stated this property is no longer needed by the
City.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I .RE S O L UT IO NS
A .Resolution No. 5343 (Gaub)
A resolution of the City Council of the City of Auburn, Washington, approving the 2018
S tormwater Management Program P lan and authorizing the Mayor to include a copy of
the Program P lan in the National P ollutant Discharge E limination System Western
Washington Phase I I Municipal S tormwater P ermit A nnual Report for 2017 to the
Washington State Department of E cology
Councilmember P eloza moved and Councilmember Trout-Manual
seconded to adopt Resolution No. 5343.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
B .Resolution No. 5353 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to execute an amendment to the I nterlocal A greement with the L akehaven Water
and S ewer District for the purpose of modifying the S ewer District’s S anitary Sewer
S ervice Area
Councilmember B rown moved and Deputy Mayor Baggett seconded to
adopt Resolution No. 5353.
Councilmember B rown stated this agreement allows for the properties
located within the L akehaven Water and S ewer District to receive sewer
Page 4 of 6Page 8 of 91
service from the City of A uburn.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
C.Resolution No. 5358 (Faber)
A resolution of the City Council of the City of Auburn, Washington, authorizing the
acceptance of a grant from the S tate of Washington Heritage Capital P rogram,
"Railroads, Waterfowl, F ield Trips and F amily Outings", and authorizing the Mayor to
execute the necessary contracts to accept said funds
Councilmember P eloza moved and Councilmember Holman seconded to
adopt Resolution No. 5358.
Councilmember P eloza stated the improvements to the museum will be a
great addition.
MO T I O N C A R R I E D UNA NI MO US LY. 6-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor Baggett reported he attended the E mergency Management
A dvisory Committee meeting.
Councilmember P eloza reported on the Association of Washington Cities
2018 L egislative Priorities.
Councilmember Trout-Manual reported she attended the National L eague
of Cities conference. S he attended the Hispanic E lected L ocal Officials
(HE L O) Executive Board meeting, the Woman in Government meeting
and P ublic S afety Committee meeting.
Councilmember DaCorsi reported he attended the A ffordable Housing
A dvisory Committee meeting and he reviewed the legislative highlights
from the last session.
B .From the M ayor
Mayor Backus reported she visited with a North Tapps Middle S chool class
to talk about local government, and attended the 46th Annual E conomic
Forecasting Conference, the ground breaking for the Vietnam War
Memorial at L es Gove Park, the National S chool Walk Out Day where the
students were asking for more gun control, the L ions Club Auction and the
E lected Officials S trategy S ession for One Table.
X I I I .AD J O URNM E NT
There being no further business, the meeting adjourned at 7:52 p.m.
Page 5 of 6Page 9 of 91
A P P R O V E D this 2nd day of A pril, 2018.
________________________ ____________________________
NA NC Y B A C K US , MAYO R Shawn Campbell, Deputy City Clerk
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.
Page 6 of 6Page 10 of 91
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the March 12, 2018 City Council Study Session
Date:
March 28, 2018
Department:
Administration
Attachments:
Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:April 2, 2018 Item Number:CA.B
Page 11 of 91
City Council Study Session Muni
Serv ices S FA
March 12, 2018 - 5:30 P M
Council Chambers - City Hall
A GE NDA
Watch the meeting v ideo
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C A L L TO O R D E R
Deputy Mayor Bob B aggett called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn.
A .Roll Call
Councilmembers present: Deputy Mayor B aggett, L arry Brown, Claude
DaCorsi, J ohn Holman, and L argo Wales. Councilmember B ill P eloza
arrived at 5:37 p.m. during discussion of Ordinance No. 6674.
Councilmember Yolanda Trout-Manuel was excused.
Department directors and staff members present included: Police
Commander Dan O'Neil, Human R esources and Risk Management
Director Rob R oscoe, I nnovation and Technology Director P aul Haugan,
A ssistant D irector of E ngineering S ervices/City E ngineer I ngrid Gaub,
E ngineering Aide Amber Price, S ewer Utility Engineer B ob Elwell, Real
P roperty A nalyst J osh A rndt, City Attorney Daniel B . Heid, Parks, A rts and
Recreation D irector Daryl F aber, F inance Director Shelley Coleman,
Utilities E ngineering Manager L isa Tobin, and City Clerk Danielle Daskam.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There was no announcement, report or presentation.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Ordinance No. 6671
A n Ordinance of the City Council of the City of A uburn Washington, vacating real
property intended for right-of-way purposes located at 1412 3rd Street S E , within the
City of Auburn, Washington
E ngineering Aide Amber Price provided a brief history of the property to
be vacated. The 50 foot by 60 foot piece of property in the vicinity of 1412
3rd S treet S E was deeded to the C ity in 1956 and was intended f or street
purposes. However, the right-of-way was never opened as a street or
used by the City.
B enefits of the vacation include a decrease in the City's right-of-way
Page 1 of 5Page 12 of 91
maintenance obligation and liability. Also, once vacated, the property will
be subject to property taxes.
The City has not required an appraisal of the value of the right-of-way since
the vacation is being initiated by the C ity. Additionally, the right-of -way was
dedicated to the City at no cost, and the C ity has never maintained or
opened the right-of-way f or public use. T heref ore, staff recommends the
street vacation be granted with no conditions.
A public hearing on the vacation will be held March 19, 2018.
B .Ordinance No. 6674
A n Ordinance of the City Council of the City of A uburn, Washington, granting a
franchise agreement for a petroleum products pipeline to Olympic Pipe L ine Company,
L L C
E ngineering Aide A mber P rice provided the staf f report for Ordinance No.
6674 granting a ten-year franchise to Olympic Pipe L ine C ompany L L C.
Olympic's existing facilities consist of a 14-inch diameter pipeline located
on the West Hill and in North Auburn. Olympic's current franchise
agreement has expired. T heir facilities do not currently serve any
customers in A uburn, and there are no plans to do so.
A ny construction, maintenance, improvements or changes to Olympic's
facilities are managed through the City's permitting processes that are a
requirement of the F ranchise Agreement. Safety of Olympic's facilities is
regulated and inspected through the Washington Utilities and
Transportation Commission.
A public hearing on the franchise application is scheduled for March 19,
2018.
C.L akehaven - Auburn Sewer Boundary A djustment
S ewer Utility E ngineer Elwell presented Resolution No. 5353, amending
the I nterlocal Agreement with L akehaven Water and S ewer D istrict to
modify the District's sanitary sewer service area boundary so that 19
parcels adjacent to the J ovita Heights area can be served by Auburn public
sewer. L akehaven staff members do not f oresee sewer service being
available to the parcels in the near f uture and has agreed to modif y their
sewer service area boundary.
Resolution No. 5353 will be considered by Council at their March 19, 2018
meeting.
D.4th Quarter 2017 F inancial Report
Finance Director S helley Coleman reviewed the quarterly financial report
for the year to date through D ecember 2017 based on financial data as of
February 5, 2018 for the period ending D ecember 31, 2017, and sales tax
Page 2 of 5Page 13 of 91
information representing business activity through October 2017.
I n the General Fund, D irector C oleman reviewed revenues and
expenditures by categories and expenditures by departments. S he noted
all department expenditures were within budget.
Councilmember Peloza requested a presentation on the City's vehicle
fleet. Director Coleman reminded the City Council received a presentation
on equipment rental and the vehicle fleet at the C ar Tab ad hoc committee
meetings.
Councilmember Wales suggested investigating the possibility of leasing
certain vehicles.
Deputy Mayor Baggett stated a lease/purchase analysis could be
considered for a future study session. Councilmember P eloza agreed.
Councilmember Wales suggested looking at police take home vehicles.
Councilmember Holman cautioned that a vehicle take home policy will
increase the number of police vehicles and the proposal may be a
bargaining issue.
Councilmember Peloza inquired about the water purchase f rom the City of
Tacoma in 2016. Utilities E ngineering Manager Tobin explained the
purchase was necessary to supplement the supply during peak months
and to fulfill contract obligations with water wholesale customers during
upgrades and renovations of the City's wells. A ll water supplies are now
back on line and functioning.
Finance Director Coleman reviewed property tax revenues, sales and use
tax, sales tax on new construction, utility taxes, cable franchise revenue,
cable utility tax, business licenses, building permit revenue,
intergovernmental revenues, charges for services, development service
fees, culture and recreation, fines and penalties, miscellaneous revenues,
real estate excise tax, pet licensing revenue, F unds 102, 103 and 105
Capital P roject expenditures, water revenues and water sold f or 2017
versus 2016, solid waste, and cemetery revenues and expenditures.
Councilmember P eloza reported a recycling outlet f or latex paint will be
available in Auburn soon. Councilmember P eloza will have more
information about the recycling and the acceptance f acility in his Council
Corner article next week.
Councilmember Wales requested a report on the Community Center
rentals and program activities.
I V.MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
A .A irport 2018-2022 C I P Discussion (10 Minutes) (Gaub)
Page 3 of 5Page 14 of 91
Councilmember B rown presided over the Municipal S ervices S pecial F ocus
A rea item.
A ssistant Director of E ngineering Services/City Engineer Gaub reviewed
the C apital F acilities Plan f or the A uburn Municipal A irport, including
runway enhancements, J et A f ueling f acility, annual repair and replacement
of airport facilities, automated weather observation system, airport security
camera and gate access upgrades, precision approach path indicator for
runway, land acquisition for future approaches, runway R S A improvements,
and west side fencing.
V.O T HE R D I S C US S I O N I T E MS
There was no other discussion.
V I .NE W B US I NE S S
Deputy Mayor Baggett presided over the remainder of the meeting and
announced the need for an executive session later this evening.
V I I .MAT R I X
A .Matrix
Councilmembers reviewed the Council matrix.
Councilmember D aCorsi, chair of the Public Works and Community
Development Special F ocus A rea, stated I tem 1, C apital P rojects Update
and F eatured C apital Project will be discussed on April 23rd. Also, I tem
No. 4, S ign Requirements will be discussed on April 23rd.
Councilmember B rown, chair of the Municipal Services Special F ocus
A rea, stated no date has been determined for I tem 8, Court F ees.
Councilmember Holman, chair of the F inance and E conomic Development
S pecial F ocus Area, suggested adding annexation of small parcels
(islands and peninsulas) to the matrix on a date to be determined.
V I I I .A D J O UR NME NT
E X E C UT IV E S E S S I O N
P rior to adjournment, City A ttorney Heid announced the need for an executive
session in order to discuss a complaint against a public official pursuant to R C W
42.30.110(1)(f). The session was expected to last 20 minutes. Deputy Mayor
B aggett recessed the meeting to executive session at 6:54 p.m.
The meeting was reconvened at 7:13 p.m.
Page 4 of 5Page 15 of 91
AD J O URNM E NT
There being no further discussion, the meeting adjourned.
A P P R O V E D this 2nd day of A pril, 2018.
_____________________________ ___________________________
B O B B A G G E T T, D E P UT Y MAYO R Danielle Daskam, City Clerk
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.
Page 5 of 5Page 16 of 91
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Coleman)
Date:
March 28, 2018
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council approve Claims Vouchers.
Background Summary:
Claims vouchers 448097 through 448238 in the amount of $1,325,835.61 and seven wire
transfers in the amount of $705,277.99 and dated April 2, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:April 2, 2018 Item Number:CA.C
Page 17 of 91
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Coleman)
Date:
March 28, 2018
Department:
Administration
Attachments:
No Attachments Av ailable
Budget Impact:
Administrativ e Recommendation:
City Council approve payroll vouchers.
Background Summary:
Payroll check numbers 537834 through 537856 in the amount of $522,703.11 and electronic
deposit transmissions in the amount of $1,912,395.85 for a grand total of $2,435,098.96 for
the period covering March 15, 2018 to March 28, 2018.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:April 2, 2018 Item Number:CA.D
Page 18 of 91
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6674 (Gaub)
Date:
March 1, 2018
Department:
CD & PW
Attachments:
Ordinance No. 6674
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Ordinance No. 6674.
Background Summary:
Olympic Pipe Line Company LLC is currently operating under an agreement which has
recently expired and has applied for a new Franchise Agreement to continue to operate within
the City’s rights of way an interstate pipeline for the transportation of petroleum products.
Olympic has applied for a Franchise Agreement for a term of ten (10) years to continue to
operate and maintain their facilities within the City’s rights of way.
Olympic’s existing facilities consist of a 14-inch diameter pipeline located on the West Hill
and in North Auburn. Their facilities do not currently serve any customers in Auburn and they
have no plans to do so. Any construction, maintenance, improvements or changes to
Olympic’s facilities are managed through the City’s permitting processes that are a
requirement of the Franchise Agreement. Safety of Olympic’s facilities is regulated and
inspected through the Washington Utilities and Transportation Commission.
A staff presentation was given at the March 12th Study Session discussing Draft Ordinance
No 6674. A Public Hearing to consider this application and hear public comment was held
before the City Council on March 19, 2018 in accordance with Auburn City Code Chapter
20.06.030.
Ordinance No. 6674, if adopted by City Council, approves Franchise Agreement No. 17-22
subject to terms and conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:April 2, 2018 Item Number:ORD.A
Page 19 of 91
Page 20 of 91
ORDINANCE NO. 6 6 7 4
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING A
FRANCHISE AGREEMENT FOR A PETROLEUM
PRODUCTS PIPELINE TO OLYMPIC PIPE LINE
COMPANY, LLC
WHEREAS, Olympic Pipe Line Company, LLC ("Grantee") has applied to
the City of Auburn ("City") for a non-exclusive Franchise for the right of entry, use,
and occupation of certain public right(s)-of-way within the City, expressly to install,
consfruct, erect, operate, maintain, repair, relocate and remove itsfacilities in, on,
over, under; along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee's request for a Franchise, at which 4ime representafives of Grantee
and interested citizens were heard in a full public proceeding affording opportunity
for comment by any and all persons desiring to be heard; and
WHEREAS, from information presented at such public hearing, and from
facts and circumstances developed or discovered through independent study and
invesfigation, the City Council now deems itappropriate and in the best interest of
the City and its inhabitants that the franchise be granted to Grantee.
NOW, TMEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of;way
and/or other public property specified in Exhibit "A", attached hereto and
incotporated liy reference (the '`Franchise Area").
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair, for provision of those services set forfh in
Ezhibit "B" ("Grantee Services") pipeline or pip.elines, and associated valves,
fittings, location markers and signs, comm.unication systems, utility lines, signage,
prote.ctive apparatus, and all other appurtenances, equipment, and facilities,
Ordinance No. 6674
F anchise No. 17-22
February 20, 2018
Page 1 of 27
Page 21 of 91
whether above or be.low grade, useful or incidental to or for the operation or
protection thereof (the " Grantee Facilities"), and conduct such 6ttier activities as
may be convenient in connec4ion fherewith as determined by Grantee, for the
transportation of oil, gases, liquids, solids, or any mixtures thereof, and any
product, by-product, and derivatives thereof; on, over, under, across, and tfirough
the Franchise Area.
G. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities arid Grantee Services, ancl
it e ends no righfs or privilege elative to any facilities or services of any type,
including Grantee Facilities and Grantee Services, on public or private property
elsewhere within the Ci4y. This Franchise is intended to convey only a limited rigM
and interest and is not a warranty of title or interest in the City's right-of ways. The
Agreement does not convey any right to Grantee to install Grantee Facilities on or
to otherwise impact, city-owned or leased properties, easements, or rights-of way
outside the ones identified in Exhibit A.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, unlessthe City determines that entering into such agreements interferes with
Graatee's right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waiVe
any rights that the City has or may hereafter acquire wi4h respect to fhe Franchise
Area orany other City roads, righfs-of-way, property, or any portionsthereof. This
Franchise shall be subject to the power of eminent domain, and in any proceeding
under eminent domain, the Grantee acKnowledges its use of the Franchise Area
shall have no value.
F. The Gity reserves the riglit to change, regrade, relocate, abandon, or
vacate any right-of-.way within the Franchise Area. If, at any time during the term
of this Franchise, the City vacates any portion of the Franchise Area confaining
Grantee Facilities, fhe City shall reserve an easement for public utilifies within that
vacated portion, pursuant to RGW 35.79.030, within which the Grantee may
continue to operate any existing Grantee Facilities under the tenns of this
Franchise fo the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public's need for municipal
Oriiinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 2 of 27
Page 22 of 91
infrastructure, travel, and access to the Franchise Area, except as may be
othervvise required by law.
H. This Franchise is subject to the provisions of Aubum City Code
ACC"), including specifically ACC Chapter 20_10; "CONDITIONS OF PUBLIC
WAY AGREEMENTS, FRANCHISES, AND FACILITIES LEASES", and all
applicable fetleral and state laws, codes and regulations as currently exist or as
amended. However, if the provisions of city code, as amended or superseded,
conflict with any terms and conditions of this agreement, the provisions of this
agreement shall govern.
Section 2. Notice
A. Whenever this Franchise calis for notice to or notification by any
party; the same (unless otherwise specifically provided) shall be in writing and
directed tiy certified mail to the recipient at the address set forth in this Section.
If the date for making any payment, notice, or perforrning any ac4 is a legal holiday,
payment or notice may be made or the act performed on the next succeeding
business day which is not a legal holiday.
City:Engineering Aide,
Community Deyelopment and Public Works Department
Gity of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City CIerK
City of Auburn
25 West Main Street
Aubum, WA 98001-4998
Grantee: Olympic Pipe Line Company, LLC.
Right of Way Agent
2319 Lind Ave SW
Renton, WA, 98057
Telephone: (425) 235-7736, Fax (425) 981-2525
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 3 of 27
Page 23 of 91
B. Any changes to the above-stated Grantee information shall be sent
to 4he City's Engineering Aide, Community Development and Public Works
Department, with copies to the City Clerk, referencing the title of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall be
staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of 10 (ten) years, from the date
of execution specifed in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
an additional ten (10) ye.arperiod upon submission and approval of the application
specified und.er AGC 20.06:130; as it now exists or is amended, wi4hin the
timeframe set forth therein (curreritly between 180 and 240 days prior to expiration
of the then-current term). Any materials submitted by the Grantee for a previous
application may be considered by the Gity in reviewing a current application, and
4he Grantee shall s.ubmit those materials that differ from the previous materials or
as deemed necessary by the City to address changes in the Grantee Facilities or
Grantee Services, or to reflect specific reporting periods mandated by the AGG.
G. Failure to Renew Franchise—Automatic Extension. Ifthe Parties fail
to formally renew this Franchise prior to the expiration of its term or any extension
thereof, the Franchise automatically continues yearto year un4il renewed or either
party gives written notice at least one hundred and eighty (180) days in advance
of intent not to renew the Franchise.
Section 4. Definitions
For the purpose of this agreement:
ACC" means the Auburn City Code.
Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City inciuding, without limitation,
damage to persons or property frbm natural corisequences, such as stortns,
earthquakes, riots, acts of terrorism or wars.
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 4 of27
Page 24 of 91
Maintenance" or "Maintain" shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
Relocation" means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement ofsuch facilities, or other revisions
Grantee would accomplish and charge to third parties without regard to municipal
request.
Rights-of-Way" or "Right-of-Way" means the surface and the space above and
below streets, roadways, highways, aVenues, courts, lanes, alleys, sidewalks,
easements, rights-of-ways and similar public properties and areas.
Grantee Facilities" or''Facilities" means, collectively, any and all systems owned
or operated by Grantee located in the City Rights-of-Way; incfuding but not limited
to pipelines, mains, laterals, fixtu es, communication systems, and any and all
other equipment appliances, attachments, appurtenances and other items
necessary, convenient, or in any way appertaining to any and all of the foregoing
for the pu.rpose of transmission of petroleum products, whether the same be
located over or under ground.
Hazardous Substance" shall specifically include, but shall not be limited to,
petroleum and petroleum products and their tiy-products, residue, and remainder
in whatever foPin or state.
Operate" or "Operations" shall mean the operation, use, and maintenance of
Grantee Facilities, pursuant to the terms of this Agreement.
Party" or"Parties" means collectively the City and Grantee, and individually either
the City or Grantee.
Public Works ProjecY' means, any City capital improvement or the consfruction,
relocation, expansion, repair, maintenance, or removal of any part of fhe Right-of-
Way or Ciry-owned facilities located on or in the Right-of-Way for: parks; streets;
sidewalks; curbs; pedestrian and/or vehicle traffic; sewers, storm water drains;
water facilities, and; City-owned fiber optic cable, conduit or network facilities.
Third Party" means any person, party, orentity other than the Ci.ty and Grantee.
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 5 of 27
Page 25 of 91
FERC" means the Federal Energy Regulatory Commission, or such other
successor regulatory agency having jurisdiction over interstate pipeline
companies.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not become
effective for any purpose unless and untii Grantee files with the City Clerk (1) the
Statement of Acceptance, attached hereto as Exhibit "C," and incorporated by
reference, (2) all verifcations of insurance coverage specifed under Section 17,
3) the financial guarantees specified in Section 18 and (4) payme.nt of any
outstanding application fees per the City fee schedule. These four items shall
collectively be the "Franchise Acceptance". The ciate that such Fr"anchise
Acceptance is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the GPantee faii to file the Franchise Ac.c.eptance with the City
Clerk within thirty (30) days after the effe,ctive date of the ordinance approving the
Franchise Agreement, the City's grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
pemiits required under ACC Chapter 12.24 for any work done upon Grantee
Facilities. Grantee shall comply with all applicable City, State, and Federal codes,
rules, regulations, and orders, as they now exist or as may be hereafter amended
or superseded, in undertaking such work, which shall be done in a thorough and
proficient manner.
B. Granfee agrees fo coordinate its activities with the City and all other
utilities located within the Right-of-Way within which Grantee is under taking its
act'ivity. Such efforts shall include, at a minimum, reasonable and diligent efforts fo
keep the other partyand other utilities within the Right-of-Way informed of its intent
to undertake such construction work..
C. In addition to complying with ACC 20.10:80, as hereafter amended
or superseded, Grantee Facilities shall be located and maintained within the Right-
of-VVay so as riot to interFere with 4he reasonable ingress or egress to the properties
abutting the Right-of-Ways as they existed or exist at the time of installation of the
Grantee Facilities. The City expressly reserves the right to prescribe how and
where Grantee Facilities shall be installed within the public right-of-way and may
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 6 of 27
Page 26 of 91
from time to time, pursuant to the applicable sections of this Franchise, require, at
no cost to the City, the removal, relocation and/or replacement thereof in the public
interest anci safety at the expense of the Grantee.
D. Grantee shall continuous.ly be a member of the State of Washington
One Number Locator service under RCW Ghapter 19.122, or an approved
equiyalent as determined by the City, anii shall comply with all such applicable
rules and regulations. Before commencing any work within the Right-of-Way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordarice with City ordinances, Grantee shall have the au4hority to reasonably
trim trees upon and overhanging stre.ets, Right-of-Way, and such other places in
the Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Graritee shall be responsible for
debris removal f om such activities. If such debris is not removed within twenty-
four (24) hours of completion of 4he trimming, fhe City may, at its sole dis.cretion,
remove such debris and charge Grantee for the cost thereof. This section does
not, in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general Vegefation clearing will
require a land clearing permit.
H. Markers demarcating the pipeline's location shall be placed on
the surface consistent with federal requirements to provide clear warning of the
presence of the pipeline but in a manner that does not interfere with 4rails orofher
public uses in that area. Additionally, Grantee shall place continuous underground
markers demarcating the pipeline's location each time Grantee digs to the pipeline
for any reason.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair and
emergency response work as required under the circumstances, provided that the
Grantee shall notify the City telephonically during normal business hours (at
253.931.3010 and during non-business hours at 253-876-1985 as promptly as
possible before such repair or emergencywork commences, and in writing as soon
thereafter as possible. Such notification shall include the Grantee's emergency
contact phone number for 4he corresponding response activity. For any
emergency or after normal business hour issues involving the Grantee's facilities
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 7 of 27
Page 27 of 91
which requires the Grantee's immediate response the City shall contact the
Grantee at 888-271=8880 which is operated 24 hours a day, seVen days a week.
The City may act, atany time, without prior written notice in the case of emergency,
but shall no4ify the Grantee in writing as promptly as possible under the
circumstances of the nature of the emergency and the actions taken to address it.
Section 8. Damages to City and Third-Party Property
A. Grantee agrees that if any of its actions under this Franchise impairs
or damages any City property, survey monument, or property owned tiy a third-
party, Grantee will restore, at its own cost and expense, said property to a safe
conditibn and then tb the condition it was in immediately prior to being damaged.
Such repair work shall be performed and completed to fhe satisfaction o.f the City
Engineer.
B. If Grantee has failed to perform any work required to be perFormed
in a timely manner uncler this Ordinance, or to correct an unsafe condition, the City
may itself perform or have pertormed such work. G.rantee shall pay ap reasonable
costs inc.urred by the City to perForm such work upon demand of the City.
C. All survey monuments wh'ich are disturbed or displaced by Grantee
in its perFormance of any work under this Agreement shall be referenced and
restored by Grantee, as per WAG 332-120, as from time to time amended, and all
applicable federal, state, and local standards and spec cations.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee's, which was installed, constructed, completed or in
place prior in time to Grantee's application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning and
location with respect to the Grantee Facilities. However, to the extent that the
Grantee Facilities are completed and installed prior to another private utility's
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facili#ies s.hall have priority, These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or Right-of-lNay. A relocating utility shall not
necessitate the relo.ca4ion of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 8 of 27
Page 28 of 91
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. When constructing new facilities, or replacing or reconstructing
facilitie.s, Grantee shall maintain a minimum underground horizontal separation of
ten (10) feet from City water and five (5) feet from City sanitary sewer and sform
sewer facilities; provided, that for deVelopment of new areas, the City, in
consulta4ion wi4h Grantee and shall coordinate with other utility purveyors or
aufhorized users of the Public Way, will develop and follow the City's determination
of guidel,ines and procedures for determining specifc utility locations, subject
additionally to this agreement.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City Engineer to coordinate municipal functions with
Grantee's activities and fulfill any mu.nicipal obligations under state law. Said
information shall include, at a minimum, as-built drawings of Grantee Facilities,
installation inventory, and maps and plans showing the location of existing or
planned fac'ilities within 4he City. Said information may be requested either in hard
copy or electronic format, compatible with the City's data base system, as now or
hereinafter existing, including the City's geographic information Service (GIS)data
base. Grantee shall keep the Ciry Engineer informed of its long-range plans for
coordination with the City's long-range plans.
B. Upon the Ciry's reasonable request, in connection with the design of
any Public Works Project, Grantee shall verify the location of Grantee Facilities at
no expense to the City. In the event Grantee performs excavation, the City shall
not require any restoration of the disturbed area in excess of restoration to the
same condition as existed immediately prior to the excavation.
C. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City. Grantee
shall clearly mark any information that it provides to the City as "Proprietary"
information if Grantee believes that disclosure of that information would be exempt
under the trade secrets exemption in RCW 42.56.270. The City agrees that if it
receives a request for Grantee's proprietary information, it will initially assert the
exemption under 42.56.270, and will notify Grantee of the request.
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 9 of 27
Page 29 of 91
The City shall not initiate legal action to prevent disclosure of Grantee's
proprietary information. If a requestorfiiles a lawsuit to compel disclosure, Grantee
agrees fo defend the action at Grantee's sole expense.
Grantee shall indemnify and hoid harmless the City for any loss or liability
for fines, penalties; and costs (including attorneys fees) imp6sed on the City
because of non-disclosures requested by Grantee under Washington's open
public records act, provided the City has notified Grantee of the pending request
or Grantee is made aware of the request or claim.
Section 11. Relocation of Grantee Facilities
A. Except as ofherwise so required by law, Grantee agrees to re.locate,
remove, or reroute its facilities within one hundred and eighry (180) days of being
ordered by the City Engineer at no expense or liability to the City, except a§ may
be required by RCW Chapter 35.99. Such altemate location for relocafion of
Grantee's facilities shall be determined and approved joinfly by the City and
Grantee at no cost to the Ciry. Pursuant to the provisions of Section 16, Grantee
agrees to protect and save harmless the City from any customer or third-party
claims for service interruption or otherlosses in connection with any such change,
relocation, abandonriment, or vacation of the Public Way.
B. if a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City (a "Third Party"), that
pafty shall pay the Grantee the actual costs thereof. Any contractor doing work
pursuant to contract wifh the City shall not be considered a Third Party for purpose.s
of this section.
C. Any condition or requirement imposed by the City upon any Third
Party (including, but not limited to, any condition or requirement imposed pursuant
to any contract or in conjunction with approvals or permits obtained pursuant to
any zoning, land use, construction or other development regulation)which requires
the relocation of Grantee's Facilities within the Rights-of=Way shall be a condition
or requirement causing relocation of Grantee's Facilities to occur subject to 4he
provisions of Subsection B above; provided, howeyer in the event the City
reasonably determines and notifies Grantee that the primary purpose of imposing
such condition or requirement uPon such Third party is to cause or facilitate the
construction of a Public Works Project to be undertaken within a segmenY of the
Right-of-Ways on the Ciry's behalf and consistent with the Ciry's Capital Facility
Plan or Transportation Improvement Program, then Grantee shall relocate its
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 10 of 27
Page 30 of 91
Facilities within such segment of the Rights-of-Way in accordance wifh this
Agreement.
D. As to any relocation of Grantee's Facilities whereby the cost and
expense 4hereof is to be borne by Grantee in accordance with this Section 11,
Grantee may, after receipt of written notice requesting such relocation, submit in
writing tq the City altematives to relocation ofits Facilities. Upon the City's receipt
from Grantee of such written altematives, the City shall evaluate such altematives
and shall advise Grantee in writing if one or more of such al#ernatives are suitable
to accommodate fhe work which would otherwise necessitate relocation of
Grantee's Facilities. In evaluating such alternatives, the City shall give each
altern,ative proposed by Grantee full and fair consideration with due regartl to all
facts and circumsfances which bear upon the practical'ity of relocation and
alternatives to relocation. In the event the City determines that such alternatives
are not appropriate, Grantee shall relocate its Faeiiities as otherwise provided in
this Agreement.
E. Nothing in this $ection 11 shall require Grantee to bear any cost or
exp.ense in connection with the relocetion gf any facilities under benefit of
easement independent. of this Agreement or other rights not arising under this
Agreement, nor shall anything in this Section 11 require the City to bear any such
cost or expense. No4hing in this Secfion 11 shall be construed to be a waiver of
any righYof eitherGrantee or the City to contest any claim or assertion by the other
of responsibility to pay such cost or expense.
F. Subject to ACC 20.10.160, in the event of an emergency posing a
4hreat to public safety or welfare requires the relocation of Grantee's Facilities
within the Rights-of-Way, the City shall give Grantee notice of the emergency as
soon as reasonably practicable. Upon receipt of such notice from the City (and
subject to the issuance of any necessary order(s) of the Federal Energy Regulatory
Commission), Grantee shall endeavor to resp.ond as soon as reasonably
practicable to reloca4e the affeeted Facilities.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee's permanent
cessation of use of the Grantee Facilities, or ariy portion thereof, the Grantee shall
subject to any necessary approval(s) anii/or order(s) to be provided by FERC
concerning abandonment), at the Cify's discretion, either aba.ndon in place or
remove the affected facilities. Abandonment or removal shall be at the sole cost
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 11 of 27
Page 31 of 91
and expense of Grantee. Any Facifities left in place shall be made inert by
disconnecting and sealing such Facilities, all in compliance with applicable
regulations and industry standards. The City's consent shall not relieve Grantee
of the obligafiomand/orcosts to subsequently remove or alte.r such Facilities in the
evenYthe City re.asonably determines that such removal or alteration is necessary
or advisable for the health and safety of the public, in which case Grantee shall
perform such work at no cost to the City. The obligations contained in fhis Sec4ion
hall survive the expiration, revocation, or terminafion of 4his Agreement.
Se.ction 13. Encroachment Management
Grantee shall manage and inspect encroachments as defined by federal
and applicable state and local laws, rules, regulations and industry standards, as
now enacted orhereinafteramended, and any other future laws or regulations that
are applicable to Grantee, the Facilities, and business operations. Upon
notification to Grantee of planned consfruction by another uVithin ten (10) feet of
Grantee's pipeline, Grantee shall flag the precise location of its Facilities before
the construc4ion commences, provide a representative to inspect the construction
when it commences, and periodically inspect thereafter to ensure that Grantee's
pipeline is not damaged by the construction.
Section 14. Emergency Management, Leaks, Ruptures, and Emergency
Response,
A. Annually, upon the request of the City, Grantee shall meet with the
Valley Regional Fire Authority, the Aubum Police Department, and the City's
Emergency Management Office to c.00rdinate emergency management operations
a.nd, at least once a year, at. the request of the City, Grantee personnel shall
actively participate with the Valley Regional Fire Authority and the City in
emergency preparedness drills or planning sessions.
B. Grantee shall have in place, at all times during the term of this
Agreement, a system for remotely monitoring pressures and flows across the
Right-of-Way.
C. During the term of this Agreement, Grantee shall have a written
emergency tesponse plan and procedure for locating leaks and ruptures and for
shutting down valves as rapidly as p.ossible.
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 12 of 27
Page 32 of 91
D. Upon acceptance of this Agreement, Grantee shall provide the City
with a copy of its emergency response plans and procedures, including, but "not
limited to, emergency rupture response.
E. Grantee's emergency plans and procedures shall designate
Grantee's responsible local emergency response officials and a direct twenty four
24) hour emergency contast number for the control center operator. grantee shall,
after being notified of an emergency, cooperate with the City and make every effort
to respond as soon as possible to protect the public's health, safety and welfare.
F. Grantee shall be solely responsible for all its necessary costs
incurred in responding to any leak, rupture or other release of petroleum products
from Grantee's Facilities, inclutling, but not Iimited to, detection and removal of any
contaminants from air, earth or water, and all remediation costs.
G. If requested by the City in writing, Grantee shall provide a written
summary concerning any leak or rupture within thirty (30) days of 4he event,
including, but not limited to, the leak or rupture's date, time, amount, location,
response, remediation and other agencies Grantee has notified.
Section 15. Maintenance, Inspection, and Testing.
Grantee shall remain solely and separately liable for the function, testing,
maintenance, repiacement and/or repair of the Facilities or other actiVities
permitted under this Agreement. Grantee shall operate; maintain, inspect, and test
the Facilities in full compliance wifh all applicable federal, state, and local laws,
rules, regulations, and industry standards, as now enacted or hereinafter
ame.nded, and any other future laws or regulations that are applicable to Grantee,
the Facilities, and business operations.
Section 16. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the harmless from
any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature
including attomeys' fees arising out of or in connection with the Grantee's
performance under this Franchise;except to the extent such costs, claims, injuries;
damages, losses, suits, or liabilities are caused by the sole negligence of the City.
B. The Grantee shall hqld the City harmless from any liability arising out
of or in connection with any damage or loss to the Grantee Facilities caused by
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 13 of 27
Page 33 of 91
rnaintenance and/or construction work pertormed by, or onbehalf of,the City within
any other City road, Right-of-Way, or other property, except to the extent ariy sucH
damage or loss is directly caused by the sole negiigence of the City, or its agent
perForming such work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services. The Grantee shal(hold the Gity harmless from any liability arising
out of or in connection with any damage or loss to the Grantee for the City's failure
o inability to provide such services, and, pursuant to the terms of Section 14(A),
the Grantee shall indemnify the City against any and all third-party costs, claims,
injuries, damages, losses, suits, or liabilities based on the City's failu e or ina6ility
to proVide such services.
D. Acceptance or inspec4ion by the City of any work performed by the
Grantee shall not be grounds for avoidance of this section.
It is further specifically and expressly understood that the indemnifica4ion
provided herein constitutes the Grantee`s waiver of immuniiy under
Industrial Insurance. Title 51 RCW, solely for the purposes of this
indemnfica4ion, This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of
this Agreement.
E. Grantee shall indemnify, defend and hold the City, its appointed and
elective officials, agents, o cers, employees, and volunteers harmless from and
against any and all claims, demands, liability, loss, cost, damage or expense of
ariy natu e whatsoever including all costs and attorney's fees, made against the
City on account of violation of any environmental laws applicable to the Grantee
Facilities, or from any release of or hazardous substances on or from the Grantee
Facilities. This indemnity includes, but is not limited to: (a) liability for a
governmental agency's costs of removal or remedial action for hazardous
s.ubstances; (b) damages to natural resources caused by hazardous substances,
including the reasonable costs of as"sessing such damages; (c) liability for any
other person's costs of responding to hazardous substances; and (d) liability for
any costs of investigation, abatement, correction, cleanup, fines, penalties, or other
damages arising under any environmental laws.
Ordinance No. 6674
Franchise No. 17=22
February 20, 2018
Page 14 of 27
Page 34 of 91
Sec4ion 17. Insurance
A. The Grantee shall procure and maintain, or cause its contractors to
maintain (in the case of Professional Liability), for the duration of this Franchise,
insurance against claims for injuries to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the
Grantee, its agents, representatives, or employees in the amounts and types set
forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for bodily
injury and property damage of $2,000,000.00 (two million dollars) per accident.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 ora
substitute form providing equivalent liability coverage. If necessary, the policy shall
be endorsed to provide contractual liability coverage.
2. Commercial General Liabiliry insurance with limits no less
than $100,000,000.00 (one hundred million doliars) eac.h occurrence,
100,000,000.00 (one hundred million dollars) general aggregate and. a
100,000,000.00 (one hundred million dollars) products-completed operations
aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and
shall cover liability arising from premises, operations, independent contractors,
products-completed operations, stop gap liability, and personal injury and
adyertising injury and liability assumed under an insured contract. There shall be
no endorsement or modification of the Commercial General Liability insurance for
liability arising from explosion, collapse, or underground property damage. To fhe
e itent of the liabilities assumed by Grantee, 4he City shall be named as an
additional insured under the Grantee's Commercial General Liabili.ty insurance.
policy with respect to the work performed under this Franchise using ISO
Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-
Completed Operations endorsement CG 20 37 0 01 or substifute endorsemenfs
providing equivalent coverage.
3. Professional Liability insurance with limits no less 4han
1,000,000.00 per claim for all professional engineers or surveyors contracted by
Grantee to perForm services under this Franchise.
4. Workers' Compensa4ion coverage as required by the
Industrial Insurance laws of the State of Washington.
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 15 of 27
Page 35 of 91
B. The insurance policies are to contain, or be endorsed to coritain, the
following proVisions for Automobile Liab'ility, Professional Liability (if applicable),
and Commercial General Liability insurance:
1. The Grantee's insurance coverage shall be primary insu ance
as respects the City: Any insurance, self-insurance, or insurance pool coverage
mairitained by the City shall be in excess of the Grantee's insurance and shall not
contri6ute with it.
2. To the extent of the liabilities assumed by Grantee, the
Grantee°s insurance shall be endorsed to state that coverage shall not be
cancelled by eifher party except after 4hirty (30) days' prior written notice by
certified mail, retum receipt requested, has been giyen to the City.
G. Acceptability of Insure s. Insurance is to be placed with insurers with
a cu rerit A.M. Best rating of not less than A:VII.
D. Verification of Coyerage. Grantee shall fumish the City with
documentation of insurer's A:M. Best rating and with original cert cates and a
copy of amendatory endorsemenfs, including but not necessarily limited fo the
additional insured endorsement, evitlencing the insurance requirements specified
herein before commencement of fhe work.
E. Grantee shall have the right to self-insure any or all of the above-
required insurance. Any such self-insurance is subject to approval by fhe City.
Furthermore, Grantee may ufilize a combination of primary and excess insurance
policies to satis.fy the requiremenfs specified herein.
F. G antee's maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to 4he coverage provided by
such insurance, or othenvise IimiYthe City's recourse to any remedy to which the
City is otherwise entitled at law or in equity.
G. Pollution Legal Liability, to be in effect 4hroughout the term of this
Franchise, with a limit not less than $50,000,000 per occurrence and in the
aggregate to the extent such coverage is reasonably available in the marketplace.
If the Pollution Legal Liability coverage is purchased on a "claims made" basis,
then the Grantee w.arrants continuation of coverage, either through policy renewals
or the purchase of an extended discovery period, if such extended coverage is
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 16 of 27
Page 36 of 91
available, for not less than three (3) years from the date of termination of this
Franchise and/or conversion from a "claims made" form to an "occurrence"
coverage form.
H. Any deductibles shall be the sole responsibility of the Grantee. The
insurance certifcate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom a claim is made or
suit is brought, except with respect to the aggregate limits of the insurer's liability.
I.The indemnity and insurance provisions herein under Sections 16
and 17 shall survive the termination of this Franchise and shall continue for as long
as the Grantee's Facilities shall remain in or on the Franchise Area br until the
parties execute a new Franchise agreement that modifies or terminates these
intlemnity or insurance provisions.
Section 18, Performance Security
The Grantee shall provide the City with a financial guarantee in 4he amount of Fiity
Thousand Dollars ($50,000.00) running for, or which shall annually automatically
renew over, the term of this Franchise, in a form and substance acceptable to the
City. In the event Grantee shall fail to substantially comply with any one or more.
of the provisions of this Franchise, then there shall be recovered jointly and
severally from the principai and any surety of such financial guarantee any
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs; compensation or indemnification of third parties,
and the cost of removal or abandonment of facilities hereinabove descrilied.
Grantee specifically agrees that its failure to comply with the terms of Sec4ion 22
Enforcement & Remedies) shall constitute damage to the City in the monetary
amount set forth therein. Such a financial guarantee shall not be construed to limit
the Grantee's liability to the guarantee amount, or otherwise limit the City's
recourse to any remedy to which the City is otherwise entitled at law or in eGuity.
Section 19. Relationship of the Parties
A. Nothing in this Agreement shall be construed to create or confer any
right or remedy upon any person(s) other than the City and Grantee. No action
may be commenced or prosecuted against any Party by any Third Party claiming
as a Third Party beneficiary of this Ag eement. This Agreement shall not release
or discharge any obligation orliability of any Third Party to either Party.
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 17 of 27
Page 37 of 91
B. Nothing contained in this Agreement shall be construed fo creafe an
association, trust, partnership, agency rela4ionship, or joint venture or to impose a
tiust, partnership, or agency duty, obligation or liapility on or with regard to any
party. Each party shall be individually and severally liable for its own duties,
o.bligations, and liabilities under this Agreement.
C. Grantee accepts any privileges granted by the City in an "as is"
condition. Grantee agrees fhat fhe City has never made any representations;
implied orexpress warranties or guarantees as to the suitability, security or safety
of Grantee's location of facilities or the faeilities themselves in public property or
rights of way or possible hazards or dangers arising from other uses of the public
rights of way or o4her public property by the City or the general public. Grantee
shall remain solely and sep.arately liable for the function, testing, maintenance,
replacement and repair of the pipeline or other activities permitted unde this
Agreement.
D. Except as specifcally provided herein, this Agreement shall not
create any duty of the Ciry or any of its officials, employees or agents and no
liability stiall arise from any action or failure to act by the City or any of its officials,
employees or agents in 4he exercise of powers reserved to the City. Further, this
Agreement is not intended to acknowledge, create, imply or expand any duty or
liability of the City with respect to any function in the exercise of its police power or
for any other purpose. Any duty thatrriay be deemed to be created in the City shall
be deemed a duty to the general public and not to any specific party, group or
entity.
Section 20. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were sPecifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or othervvise alienated
without the express prior consent of the City by ordinance.
C. Grantee and any proposed assignee or fransferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of fransfer. (a) Complete info.rmation setting forth the nature, term and
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 18 of 27
Page 38 of 91
conditions of the proposed assignment or transfer, (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c)An application fee which shall be set by the City, plus any other
costs actually and reasonably incurred by the City in processing, and investigating
the proposed assignment or transfer.
D. Prior to the City's consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed As.signee or Transferee shall
file with fhe City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor's state of
compliance and failure of the City to insist on full compliance prior to transfer does
not waive any right to in.sist on full compliance thereafter.
Section 21. Dispute Resolution
A. n the event of a dispufe between the Gity and the Grantee arising by
reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Granfor and Grantee to Have oversight
over the administrafion of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall make a good faith effort to achieve
a resolution of the dispute.
B. If the parties fail to achieye a resolution of the dispute in this manner;
then the City and the Grantee hereby agree that the matter shall be referred to
mediation. The City and the Grantee shall mutually agree upon a mediator to
assist them in resolving their differences, and any expense incidental to mediation
shall be borne equally by the parties.
C. If either the City or the Grantee are dissatisfied with the outcome of
the mediation, that party may then pursue any availa6le judicial remedies. This
Franchise shall be govemed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other prbceeding is
instituted to enforce any term of this Agreement, the parties spec caily understand
and agree that venue shall be exclusiyely in King County, Washington. The
prevailing pa.rtyin any such action shall be entitled to its attorneys' fees and costs
of suit, which shall be fixed by the judge hearing the case, and such fees shall be
included in 4he judgment.
Ordinance No. 6674
Franchise No. 17-22
Feb uary 20, 2018
Page 19 of27
Page 39 of 91
D. $ubjec.t to state and federal regulation, the Grantee shall be
permitted to continuously operate its Facilities during dispute resolu4ion.
Section 22. Enforcement and Remedies
A. If the Grantee shall willfully Violate, or materially breaches any of the
provisions of this Franchise through wiliful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee with written notice
to cure the breach within thirty (30) days of notification. If the breach cannot be
cured within thirty days, the Parties shall agree upon a reasonable period of time
for cure, and condition the extension of time on Grantee's submittal of a plan to
cure the breach within the spe.cified period, commencement of work. within the
original fhirty day cure period, and diligent prosecution of the work to completion.
If the breach is not cured within the.specified time, or the Grantee does noYcomply
with the specified conditions, the City may, at its discretion, either (1) revoke the
Franchise with no further no4ification, or (2) claim damages as provided in ACC
20.10.340per day against the finansial guarantee set forth in Section 18 for every
day after the expiration of the cure period that the breach is not cured.
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the City
shall initiate dispute resolution as set forth in Section 21, above. Should Grantee
fail to participate in dispute resolution in accordance with Section 21, above, or
should Grantee fa'il to comply with anyorder by a court addressing the dispute, the
City reserves the right to cancel this Franchi_se upon thirty days (30) written notice
to Grantee and require the Grantee to apply for, obtain, and comply uvith all
applicable City permifs, franchises, or other City permissions for such actions, and
if the Grantee's actions are not allowed under applicable federal and state or City
laws, to compel Grantee to cease such actions.
Section 23. Compliance with Laws and Regulations
A. In carrying out any authorized activities under the privileges granted
herein, Grantee shall meet accepted industry standards and comply with all
applicable laws, rules, and regulations, of any governmental entity with juris.diction
over the pipeline and its operation (specifically including, but not limited to, all
app.lic.able requirements, rules, regulations, and orders of FERC). This shall
include all applicable laws, rules and regulations existing at the Effective Date of
this Franchise or that may be subsequenfly enacted by any governmental entity
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 20 of 27
Page 40 of 91
with jurisdiction over Grantee or the pipeline(s) and the Facilities. Furthermore,
notwithstanding any other terms of this agreement appearing to the contrary, the
Grantee shall be subject to the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the gerieral
public in relatio.n to the rights granted in the Franchise Area.
B. Unless pre-empted by or in conflict with the provisions of any Federal or
Stafe sfatute or regulation, the Gity reserves the right at any time to amend this
Franchise to conform to any hereafter enacted, amended, or adopted fede al or
state s4atute or regulation relating to the public health, safety, and welfare, or
relating to roadway regulation, or a City O dinance enacted pursuanY to such
federal or state statute or regulation upon providing Grantee with thirty (30)-days
written notice of its action setting forth the full text of the amendment and identifying
the statute, regulation, or ordinance requi ing the amendment. Said amendment
shall become automatically effective up6n expiration of 4he notice period unless,
before expiration of that period, 4he Grantee makes a written call for negotiations
over the terms of the amendment. If the parties do not reach agreement as to the
terms of the amendment within thirty (30) days of tfie call for negotiations, the City
may enact the proposed amendment, by incorporating the Grantee's concems to
the maximum extent 4he City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Grantee, if the Grantee fails to comply with such amendment or
moiiification.
Section 24. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax, or
charge which the City may hereinafter adopt pursuant to authority granted to it
under state or federal law for revenue or as reimbursement for use and occuparicy
of the Franchise Area.
Section 25. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no eyent shall
either party be liable for any specia.l, inciclental, indirect, punitive, reliance,
consequential or similar damages.
Ordinance No. 6674
Franchise No. 17-22
Fe.bruary 20, 2018
Page 21 of 27
Page 41 of 91
Section 26. Force Majeure
In 4he event that either Party is prevented or delayed in the performance of
any of its obligations under this Agreement by reason 6eyond its reasonable
control (a "Force Majeure EvenY'); then that Party's performance shall be excused
during the Force Majeure EVent. Force Majeure Events shall include, without
limitation, war; civil disturbance; flood, earthquake or other Act of God; laws,
regula4ions, rules or orders of any goyernmental agency; sabotage; strikes or
similar labor disputes inyolving personnel of a party,:its contractors or a Third party;
or any failure or delay in the perFormance tiythe other party, or a Third Party who
is not an erriployee, agent or contractor of the Party claiming a Force Majeure
Event, in connection with this Agreemenf. Upon removal or termination of the
Force Majeure Eyent, the Party claiming a Force Majeure Event shall promptly
perform the affected obligation§ in an ortle ly and expedited manner under this
Agreement. The Parties shall use all commercially reasonable efforts to eliminate
or minimize any delay caused by a Force Majeure Event. The occurrence of a
Force Majeure Event shall not alter or impair any of the provisions concerning
liability and/or insurance as provided in this Agreement..
ecfion 27. Severability & Survival
In the event that a court or agency of competent jurisdiction declares a
material provi§ion of this Franchise to be invalid, illegal or unenforceable, the
parties shall negofiate in good faith and agree, to the maximum extent practicable
in light of such determination, to such amendments or modifications as are
appropriate actions so as to give effect to the intentions of the parties as eflected
herein. If severance from this Franchise of the particular provision(s) determined
to be invalid, illegal or unenforceable will fundamentally impair the value of this
Franchise, either party may apply to a court of competent jurisdiction to reform or
reconstitute the Franchise so as tg recapture the original intent of said particular
provision(s). All other provisions of the Franchise shall remain in effect at all times
during which negotiations or a judicial action remains p:ending.
All provisions, conditions and requirements of this Franchise that may be
reasonably construed to survive the termination or expiration of this Agreement
shall survive the termination or expiration of the Agreement. The Parties'
respective rights and interests under this Agreement shall inure to the benefit of
their respective successors and assigns.
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 22 of 27
Page 42 of 91
Section 28. Titles
The sec4ion titles used herein are for reference only and should not be used
for the purpose of interpreting this Franchise.
Section 29. Implementatio.
The parties each represent andwarrant that they have full authority to enter
into and to perform this Franchise, that they are not in default o violation of any
permit, license, or similar requiremenYnecessary fo carry out the terms hereof; and
that no further approval, permit, license, certificafion, or action by a governmenfal
au4hority is required to execute and perform this Franchise, except such as may
be routinely required and obtained in the ordinary course of business.
Whenever this Franchise setsforth a fime for any act to be performed, such
time shall be deemed to be of the e.ssence, and any failure to perform within the
allotted time may be considered a material violation of this Franchise.
Section 30. Entire Agreement
This Franchise, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachmenfs hereto represent the entire
understanding and ag eement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous agreements befinreen the parties pertaining to GRANTEE's operation of
its pipeline(s) and/or Facilities are hereby superseded.
Section 31. Effective date.
This Ordinance shall take effect and be in force five days from arid after its
passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 23 of 27
Page 43 of 91
ATTEST:
Danielle E. Daskam, City Clerk
APPR D FO M:
Daniel B. Heid, City Attomey
Published:
Ordinance No. 6674
Franchise No. 17-22
February20, 2018
Page 24 of 27
Page 44 of 91
Olympic Pipe Lioe Compa y, LLC. Franchise Agreemeot N11 22
t
S 277TH$T
Z
y
U
NTI Sf NW
Ctrn
53fl11'tIST
53ASINST SiBBIH$T
33BRI}PL
yy
F Srv
Op
i
ti202NU9T« S39A'D9T yyNO"+T
ryyyNDrL $,
s 37THSTNW
s znn'x sr "
szwTxr
M1a
n y
sz9e rx sr F O
p s ssvsrxcr
e.•' ''
9 y 4 %TI PL 65
4
i( sta P F1. p lfil°••TNS q6` 9299'11
g' y
s::r
4„<
s]OOTt15T
aR
V
M
m 9TNw
Pl"
q ?wy' W We E4Ii Sf NW
l s >
9po aa tNe 2
ea""o N d.
S102NDPL NO¢na
4
yw'^
5 7
SJOIROPL pj'
26TNSTNW
2
3m
o z
S]OSIHST aZ TN STMy d 1
9 a y 0
a+•'•p
w
U
N N a ' i
F '"+ s'°rr or ,`'
i
N
r 3
3
a a¢ i siH sr Nw
y U
p cST,,uRlsrrvW
r K
3
IW-
oirmmcA me
Exhibit A
OrdinanGe No.6fi74
Franchise No. 17-22
January 17.2018
Page 25 of 27
Page 45 of 91
Exhibit "B"
Grantee Facilities and Grantee Services
A 14 inch diameter pipeline for the interstate transportation of petroleum
products.
No local service is prbvided.
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 26 of 27
Page 46 of 91
EXHIBIT "C"
STATEMENT OF ACCEPTANCE
for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and
provisions of the Franchise attached hereto and incorporatecJ herein by 4his
reference.
Grantee]
By: Date:
Name:
Title:
STATE OF
ss.
COUNTY OF
On this day of 2018, before me the undersigned, a.
Notary Public in and for the State of duly commissioned and swom,
personally appeared, of the company that
executed the within and foregoing instrument, and acknowledged fhe said
instrument to be the free and voluntary act and deed of said company, for 4he uses
and purposes fherein mentioned, and on oafh stated that he/s.he is authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hanii and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
residing at
MY COMMISSION EXPIRES:
Ordinance No. 6674
Franchise No. 17-22
February 20, 2018
Page 27 of 27
Page 47 of 91
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6680 (Coleman)
Date:
March 28, 2018
Department:
Finance
Attachments:
Memo
Ordinance No. 6680
Schedule A
Schedule B
Budget Impact:
Administrativ e Recommendation:
City Council adopt Ordinance No. 6680.
Background Summary:
Ordinance No. 6680 (Budget Amendment #5) represents the fifth budget amendment for the
2017-2018 biennium and the second budget amendment for 2018. For details, see the
attached transmittal memorandum and supporting materials.
Rev iewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:April 2, 2018 Item Number:ORD.B
Page 48 of 91
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Nancy Backus, Mayor
Date: March 21, 2018
Re: Ordinance #6680 – 2017-2018 Budget Amendment #5
The City’s biennial 2017-2018 budget was approved by Council as two one-year appropriations. Budget
Amendments #1 through #3 amended the budget for calendar year 2017. Budget Amendment #4 was the
first budget amendment for calendar year 2018. This amendment is the fifth budget amendment for the
biennium and the second budget amendment for calendar year 2018.
The purpose of this amendment is (1) to carry forward capital project and other contract budgets that were
not completed in 2017 and (2) to establish budget spending authority for new programs and other expected
changes in 2018. No new positions are being requested in this amendment.
Proposed amendments to the 2018 budget are as follows:
Carry forward requests. These represent project expenses that were previously approved in 2017 and that
are under contract but require being carried forward to 2018. Total carry forward requests in this budget
amendment total $16.6 million. Major carry forward requests include:
• cp1513 22nd & I Street NE Intersection Improvements $1,120,100
• cp1218 AWS Corridor Safety Improvements $844,000
• cp1614 Local Street Reconstruction & Preservation $783,300
• cp1617 Lea Hill PRV Station Improvements $623,900
• cp1707 A Street SE Corridor Safety Improvements $480,900
• cp1406 Main Street Signal Upgrades $457,700
• cp1817 Brannan Park Synthetic Infield Project $436,200
• cp1605 Les Gove Crescent Project $428,900
Other funding requests. This category includes:
1. Project adjustments ($1.4 million). These are changes to project budgets from the 2018-2023
Capital Facilities Plan (CFP) that was adopted last December. Significant project adjustments
include:
• cp1521 15th Street NW Preservation Project $300,000
• cp1312 Storm Repair and Replacement $295,600
• cp1717 Local Street Reconstruction (Storm Fund) $176,300
• cp1803 SR18/West Valley Hwy Pavement Preservation $125,000
• cp1406 Main Street Signal Upgrade $100,000
Page 49 of 91
2. New funding requests ($0.4 million). These include funding requests for new projects or programs.
Significant new funding requests include:
• Early replacement of Sewer TV truck $249,300
• Increase Tourism marketing budget (Fund 104) $ 61,000
3. Other adjustments ($0.6 million). These reflect new revenue sources and increases in existing
revenue streams and requests for increased funding for existing programs. Significant other
adjustments include:
• Grant funding for Auburn Way North Sidewalk Improvements $263,300
• Increase budget for Central Parking Garage (one-time capital project) $ 70,500
• Increase revenues and expenditures associated with Parks facility rentals $ 70,000
In aggregate, Other Funding Requests increase budgeted 2018 expenditures by $2.4 million, of which
$0.3 million is covered by grant funds.
The following table summarizes the current and revised budget as a result of this amendment.
Table 1: 2018 Budget as Amended
2018 Amended Budget $ 292,603,028
Budget Amendment #5 (Ord #6680) 19,763,500
2018 Budget as Amended $ 312,366,528
Attachments:
1. Schedules “A” and “B”
2. Ordinance #6680
Page 50 of 91
ORDINANCE NO. 6 6 8 0
AN ORDINANCE OF THE CITY GOUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6621, THE 2017-2018 BIENNIAL BUDGET ORDINANCE, AS
AMENDED BY ORDINANCE NO. 6646, ORDINANCE NO.
6656, ORDINANCE NO. 6665, AND ORDINANCE NO. 6666,
AUTHORIZING AMENDMENT TO THE CITY OF AUBURN
2017-2018 BUDGET AS SET FORTH IN SCHEDULE "A" AND
SCHEDULE "B"
WHEREAS, the Aubum City Council at its regular meeting of November 21,
2016, adopted Ordinance No. 6621 which adopted the Ciry of Auburn 2017-2018
Biennial butlget; and
WHEREAS, the Auburn City Council at its regular meeting of April 3, 2017;
adopted Ordinance No. 6646 (BA#1) which amended Ordinance No. 6621 which
adopted the City of Auburn 2017-2018 Biennial budget; and
WHEREAS, the Aubum City Council at its regular mee.ting of July 3, 2017,
adopted Ordinance No. 6656 (BA#2) which amended Ordinance No. 6646 which
amended the City of Aubum 2017-2018 Biennial budget; and
WHEREAS, the Aubum City Council at its regular meeting of December 4,
2017, adopted Ordinances No. 6665 (BA#3) and No. 6666 (BA#4), both of which
amended Ordinance No. 6656 which amended the City of Aubum 2017-2018
Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2018 budget as outlined in this Ordinance (BA#5);
and
Ordinance No. 6680
March 21, 2018
Page 1 of 3
Page 51 of 91
WHEREAS, this Ordinance has been approved by one more than the majority
of all c.ouncilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Sec4ion 1. Amendment of the 2017-2018 Biennial Budget. The 2017-
2018 Biennial Budget of the City of Aubum is amended pursuant to Chapter 35A.34
RCW, to reflec.t the revenues and expenditures as shown on Schedule "A" attached
hereto and incorporated herein by reference. The Mayor of the City of Auburn,
Washington is hereby authorized to utilize revenue and expenditure amounts shown
on said Schedule "A" and Schedule "B". A copy of said Schedule "A" and Schedule
B" is on file with the City Clerk and available for public inspection.
Section 2. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstance is held to be invalid, the remainder
of such code, ordinance or regulation or the application thereof to other person or
circumstance shall not be affected.
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out 4he directives of
this legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in force
five (5) days from and after its passage, approval and publication as provided by law.
Ordinance No 6680
March 21, 2018
Page 2 of 3
Page 52 of 91
INTRODUCED:
PASSED:
APPROVED`.
NANCY BACKUS, MAYOR
ATfEST:
Danielle E. Daskam
City Clerk
APPROV D AS TO FORM:
Danie . Heid
City Attorney
PUBLISHED:
Ordinance No. 6680
March 21, 2018
Page 3 of 3
Page 53 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
General Fund (#001)
2018 Adopted Budget 12,623,309 66,091,810 72,860,044 5,855,075
Previous Budget Amendments 2,497,021 897,200 1,938,200 1,456,021
2018 Amended Budget 15,120,330 66,989,010 74,798,244 7,311,096
BA#5 (Ordinance #6680, Proposed):496,300 197,000 724,900 (31,600)
Parks Department:
Mktg and advrtsg for Petpalooza and Veterans Parade (funded by tourism grants)- - 7,000 (7,000)
4Culture grant for arts re-grant and arts programming - 12,000 12,000 -
King County Conservation District grant for Auburn International Farmers Market - 5,000 20,000 (15,000)
Increased revenues and expenditures for facility rentals - 80,000 70,000 10,000
King County Youth & Amateur Sports grant for family/youth biking program - 40,000 40,000 -
Finance Department:
Carry forward remaining budget for developer fee cost of service study 20,800 - 20,800 -
Police Department:
Vehicle for New Animal Control Officer - - (17,900) 17,900
C/F funds for law enforcement academy fees, vests, and eqpmnt for new officers 26,000 - 26,000 -
Public Works Department:
Carry forward funds for Airport Market Assessment and Long-Term Rate Study 25,000 - 25,000 -
Carry forward funds for the Façade Improvement Program 111,600 - 111,600 -
Administration Department:
C/F funds for consultant services related to the Economic Development Plan 37,500 - 37,500 -
Carry forward funds for branding/mktg campaign (T/F from F518)90,000 60,000 150,000 -
C/F funds for homeless resources to be provided by the Auburn Food Bank 29,300 - 29,300 -
Non-Departmental:
Carry forward funds for drone program administration program (IS.0041)28,300 - 28,300 -
Carry forward funds for centralized receipting system (IS.0066)31,900 - 31,900 -
Carry forward funds for CRM system replacement (IS.0049)32,000 - 32,000 -
Carry forward funds for cyber security management initiative (IS.0061)38,300 - 38,300 -
Carry forward funds for eDocument scanning and workflow project (IS.0050)25,600 - 25,600 -
Increase budget for Central Parking Garage capital expenses (T/F to F505)- - 37,500 (37,500)
Revised 2018 Budget - Fund 001 15,616,630 67,186,010 75,523,144 7,279,496
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Page 1 of 12 3/21/2018 7:32 AMPage 54 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Arterial Street Fund (#102)
2018 Adopted Budget 1,376,814 6,215,417 6,643,292 948,939
Previous Budget Amendments 425,575 (4,353,700) (4,089,800) 161,675
2018 Amended Budget 1,802,389 1,861,717 2,553,492 1,110,614
BA#5 (Ordinance #6680, Proposed):656,700 3,784,200 4,498,900 (58,000)
C/F funds for AWS Corridor Safety Improvements (cp1218) (T/F from F124)- 844,000 844,000 -
C/F and add'l funds for Main Street Signal Upgrades (cp1406) (T/F from F124)340,000 117,700 495,700 (38,000)
C/F funding for A Street NW Wetland Monitoring (c207a0) (T/F from F124)- 47,500 47,500 -
C/F funds for S 277th St. Corridor Cpcty/Trail Imprvmnts (c222a0) (T/F from F124)90,300 309,700 400,000 -
C/F funds for F Street Non-Motorized Improvements (cp1416) (T/F from F124)40,000 262,200 302,200 -
C/F funds for 22nd and I Street NE Intersection Imprvmnts (cp1513) (T/F from F124)- 1,120,100 1,120,100 -
Carry forward funds for A St. SE Corridor Safety Improvements (cp1707)39,400 441,500 480,900 -
C/F funds for Evergreen Heights Safe Routes to School (cp1810) (T/F from F124)- 100,000 100,000 -
Carry forward funds for ITS Dynamic Message Sign Project (cp1701)22,000 - 22,000 -
Carry forward funds for 37th St SE and A St SE Traffic Signal (cp1502)- 390,000 390,000 -
C/F and add'l funds for AWS and 12th St SE Signal Improvements (cp1114)50,000 - 70,000 (20,000)
C/F funds for R St. SE and 21st St. SE Intersection Saety Improvements (asbd22)75,000 - 75,000 -
C/F funds for Lake Tapps Pkwy ITS Expansion (cp1618) (T/F from F124)- 101,500 101,500 -
Carry forward funds for AWS Widening (cp1622) (T/F from F124)- 50,000 50,000 -
Revised 2018 Budget - Fund 102 2,459,089 5,645,917 7,052,392 1,052,614
Local Street Fund (#103)
2018 Adopted Budget 893,143 1,909,100 2,418,270 383,973
Previous Budget Amendments 459,491 - 150,000 309,491
2018 Amended Budget 1,352,634 1,909,100 2,568,270 693,464
BA#5 (Ordinance #6680, Proposed):803,300 - 803,300 -
Carry forward funds for Local Street Reconstruction and Preservation (cp1614)783,300 - 783,300 -
Carry forward funds for 2017 Local Street Reconstruction Project (cp1717)20,000 - 20,000 -
Revised 2018 Budget - Fund 103 2,155,934 1,909,100 3,371,570 693,464
Page 2 of 12 3/21/2018 7:32 AMPage 55 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Hotel/Motel Tax Fund (#104)
2018 Adopted Budget 84,044 113,700 113,700 84,044
Previous Budget Amendments 60,502 - - 60,502
2018 Amended Budget 144,546 113,700 113,700 144,546
BA#5 (Ordinance #6680, Proposed):35,600 - 106,100 (70,500)
Carry forward tourism marketing funds 35,600 - 35,600 -
Increase tourism marketing budget - - 61,000 (61,000)
New external community grants for special events and festivals - - 9,500 (9,500)
Revised 2018 Budget - Fund 104 180,146 113,700 219,800 74,046
Arterial Street Preservation Fund (#105)
2018 Adopted Budget 366,008 3,067,340 2,880,440 552,908
Previous Budget Amendments 1,043,817 2,658,000 2,290,500 1,411,317
2018 Amended Budget 1,409,825 5,725,340 5,170,940 1,964,225
BA#5 (Ordinance #6680, Proposed):522,200 - 947,200 (425,000)
Carry forward funds for Arterial Crack Seal Project (cp1811)100,000 - 100,000 -
Additional funding for 15th St. NW Preservation Project (cp1521)- - 300,000 (300,000)
Carry forward funds for B St. NW Reconstruction (cp1520)300,000 - 300,000 -
Carry forward funds for Auburn Way North Preservation Project (cp1507)122,200 - 122,200 -
Add'l funds for WSDOT SR18/W Valley Hwy Pavement Preservation (cp1803)- - 125,000 (125,000)
Revised 2018 Budget - Fund 105 1,932,025 5,725,340 6,118,140 1,539,225
Housing & Comm Develop Fund (#119)
2018 Adopted Budget 52,455 460,000 468,446 44,009
Previous Budget Amendments (10,001) - - (10,001)
2018 Amended Budget 42,454 460,000 468,446 34,008
BA#5 (Ordinance #6680, Proposed):- 596,200 596,200 -
C/F unspent CBDG funds for housing repair, sidewalks, and other projects - 596,200 596,200 -
Revised 2018 Budget - Fund 119 42,454 1,056,200 1,064,646 34,008
Page 3 of 12 3/21/2018 7:32 AMPage 56 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Cumulative Reserve Fund (#122)
2018 Adopted Budget 7,366,699 20,500 250,000 7,137,199
Previous Budget Amendments 2,121,600 - 1,300,000 821,600
2018 Amended Budget 9,488,299 20,500 1,550,000 7,958,799
BA#5 (Ordinance #6680, Proposed):- - 42,200 (42,200)
Carry forward funding for renovation of Arts & Culture Center (T/F to F328)- - 42,200 (42,200)
Revised 2018 Budget - Fund 122 9,488,299 20,500 1,592,200 7,916,599
Mitigation Fees Fund (#124)
2018 Adopted Budget 4,429,481 1,520,200 1,219,817 4,729,864
Previous Budget Amendments 4,593,782 - 160,600 4,433,182
2018 Amended Budget 9,023,263 1,520,200 1,380,417 9,163,046
BA#5 (Ordinance #6680, Proposed):1,193,100 400,000 1,455,500 137,600
C/F funds for 37th St. SE and A St. SE Traffic Signal (cp1502) (T/F to F102)51,100 - 51,100 -
C/F funds for F Street Non-Motorized Improvements (cp1416) (T/F to F102)74,200 - 74,200 -
C/F funds for Brannan Park Synthetic Infield Project (cp1817) (T/F to F321)75,000 - 75,000 -
C/F funding for A Street NW Extension - Wetland Monitoring (c207a0) (T/F to F102)47,500 - 47,500 -
C/F funds for 22nd and I Street NE Intersection Imprvmnts (cp1513) (T/F to F102)105,100 - 105,100 -
C/F funds for S 277th St. Corridor Capacity/Trail Imprvmnts (c222a0) (T/F toF102)163,600 - 163,600 -
C/F funds for Evergreen Heights Safe Routes to School (cp1810) (T/F to F102)- - 100,000 (100,000)
C/F funds for AWS Corridor Safety Improvements (cp1218) (T/F to F102)365,400 - 377,800 (12,400)
C/F and add'l funds for Main Street Signal Upgrades (cp1406) (T/F from F124)17,700 - 117,700 (100,000)
C/F funds to pay future transp impact fees in catalyst block area (T/F from F328)- 400,000 - 400,000
C/F funds for Lake Tapps Pkwy ITS Expansion (cp1618) (T/F to F102)101,500 - 101,500 -
Carry forward funds for AWS Widening (cp1622) (T/F to F102)- - 50,000 (50,000)
C/F funds for the Game Park Pickleball Project (cp1720) (T/F to F321)20,000 - 20,000 -
C/F funds for the 104th Ave. Master Plan Project (cp 1619) (T/F to F328)22,000 - 22,000 -
C/F funds for the Les Gove Restroom Project (cp 1721) (T/F to F328)150,000 - 150,000 -
124.291.720 DESIGNATED FUND BALANCE 150,000
Revised 2018 Budget - Fund 124 10,216,363 1,920,200 2,835,917 9,300,646
Page 4 of 12 3/21/2018 7:32 AMPage 57 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
City Hall Annex 2010 A&B Bond Fund (#230)
2018 Adopted Budget - 1,675,120 1,675,120 -
Previous Budget Amendments - - - -
2018 Amended Budget - 1,675,120 1,675,120 -
BA#5 (Ordinance #6680, Proposed):- - - -
Adj budget to reflect reduced Build America Bond subsidy (T/F from other funds)- - - -
230.397.100 OPERATING TRANSFERS IN 28,800
230.332.212 FEDERAL ENTITLEMENTS BAB SUBSIDY (28,800)
Revised 2018 Budget - Fund 230 - 1,675,120 1,675,120 -
Parks Construction Fund (#321)
2018 Adopted Budget 282,116 664,590 872,000 74,706
Previous Budget Amendments 550,460 750,000 816,400 484,060
2018 Amended Budget 832,576 1,414,590 1,688,400 558,766
BA#5 (Ordinance #6680, Proposed):627,000 670,500 1,297,500 -
C/F REET funding for Golf Course sand storage facility (ms1718) (T/F from F328)- 43,200 43,200 -
C/F funds for the Game Park Pickleball Project (cp1720) (T/F from F124 and F328)- 40,000 40,000 -
C/F funds for the Les Gove Restroom Project (cp 1721) (T/F from F124 and F328)- 199,200 199,200 -
C/F funds for the Les Gove Crescent Project (cp1605)428,900 - 428,900 -
C/F funds for Brannan Park Synthetic Infield Project (cp1817) (T/F from F124)48,100 388,100 436,200 -
Repair picnic shelter using funds from insurance claim recovery 150,000 - 150,000 -
Revised 2018 Budget - Fund 321 1,459,576 2,085,090 2,985,900 558,766
Page 5 of 12 3/21/2018 7:32 AMPage 58 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Capital Improvements Fund (#328)
2018 Adopted Budget 7,797,299 3,869,857 4,015,148 7,652,008
Previous Budget Amendments 967,886 1,101,600 1,584,000 485,486
2018 Amended Budget 8,765,185 4,971,457 5,599,148 8,137,494
BA#5 (Ordinance #6680, Proposed):711,000 613,700 1,339,100 (14,400)
Carry forward funding for public art at Les Gove Park (cp1818)48,000 - 48,000 -
C/F REET funding for Golf Course sand storage facility (ms1718) (T/F to F321)43,200 - 43,200 -
Carry forward funding for renovation of Arts & Culture Center (T/F from F122)- 232,200 232,200 -
Carry forward funds for Marchini Meadows Project (cp1407)14,800 30,000 44,800 -
Carry forward funds for AWS Sidewalk Improvement Project (cp1705)70,800 66,200 137,000 -
C/F funds to pay future transp impact fees in catalyst block area (T/F to F124)400,000 - 400,000 -
Adjust budget to reflect reduced Build America Bond subsidy (T/F to F230)- - 14,400 (14,400)
Carry forward funds for Sidewalk Repair & Replacement Program (cp1710)65,000 - 65,000 -
C/F funds for the 104th Ave. Master Plan Project (cp 1619) (T/F from F124)- 22,000 22,000 -
C/F funds for the Game Park Pickleball Project (cp1720) (T/F to F321)20,000 - 20,000 -
C/F funds for the Les Gove Restroom Project (cp 1721) (T/F to F328)49,200 - 49,200 -
Adj budget to reflect grant for AWN Sidewalk Improvement Project (cp1804)- 263,300 263,300 -
Revised 2018 Budget - Fund 328 9,476,185 5,585,157 6,938,248 8,123,094
Local Revitalization Fund (#330)
2018 Adopted Budget - - - -
Previous Budget Amendments 41,100 - 40,500 600
2018 Amended Budget 41,100 - 40,500 600
BA#5 (Ordinance #6680, Proposed):300,000 - 300,000 -
Carry forward funds for downtown public parking lot reconfiguration (cp1616)300,000 - 300,000 -
Revised 2018 Budget - Fund 330 341,100 - 340,500 600
Page 6 of 12 3/21/2018 7:32 AMPage 59 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Water Fund (#430)
2018 Adopted Budget 4,675,993 15,432,455 15,464,336 4,644,112
Previous Budget Amendments 1,454,006 - 135,800 1,318,206
2018 Amended Budget 6,129,999 15,432,455 15,600,136 5,962,318
BA#5 (Ordinance #6680, Proposed):190,700 1,215,900 1,416,400 (9,800)
Increase budget for Central Parking Garage capital expenses (T/F to F505)- - 5,000 (5,000)
Carry forward remaining budget for utility rate studies - 19,300 19,300 -
Carry forward funds for centralized receipting system (IS.0066) (T/F to F518)6,400 - 6,400 -
Record DWSRF fund loan as receipted in F430 with proceeds T/F to F460 - 1,196,600 1,196,600 -
Carry forward funds for CRM system replacement (IS.0049) (T/F to F518)6,300 - 6,300 -
Carry forward funds for on-call hydraulic monitoring 131,100 - 131,100 -
Carry forward funds for on-call SCADA support 34,200 - 34,200 -
C/F funds for cyber security management initiative (IS.0061) (T/F to F518)7,600 - 7,600 -
C/F funds for eDocument scanning and workflow project (IS.0050) (T/F to F518)5,100 - 5,100 -
Adjust budget to reflect reduced Build America Bond subsidy (T/F to F230)- - 4,800 (4,800)
Revised 2018 Budget - Fund 430 6,320,699 16,648,355 17,016,536 5,952,518
Sewer Fund (#431)
2018 Adopted Budget 1,234,710 8,237,670 7,793,219 1,679,161
Previous Budget Amendments 887,957 - 101,300 786,657
2018 Amended Budget 2,122,667 8,237,670 7,894,519 2,465,818
BA#5 (Ordinance #6680, Proposed):40,000 12,000 60,300 (8,300)
Increase budget for Central Parking Garage capital expenses (T/F to F505)- - 3,500 (3,500)
Carry forward remaining budget for utility rate studies - 12,000 12,000 -
Carry forward funds for temporary flow monitoring 20,000 - 20,000 -
Carry forward funds for centralized receipting system (IS.0066) (T/F to F518)5,000 - 5,000 -
Carry forward funds for CRM system replacement (IS.0049) (T/F to F518)5,000 - 5,000 -
C/F funds for cyber security management initiative (IS.0061) (T/F to F518)6,000 - 6,000 -
C/F funds for eDocument scanning and workflow project (IS.0050) (T/F to F518)4,000 - 4,000 -
Adjust budget to reflect reduced Build America Bond subsidy (T/F to F230)- - 4,800 (4,800)
Revised 2018 Budget - Fund 431 2,162,667 8,249,670 7,954,819 2,457,518
Page 7 of 12 3/21/2018 7:32 AMPage 60 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Storm Drainage Fund (#432)
2018 Adopted Budget 1,776,980 9,320,902 9,561,770 1,536,112
Previous Budget Amendments (227,307) - 257,200 (484,507)
2018 Amended Budget 1,549,673 9,320,902 9,818,970 1,051,605
BA#5 (Ordinance #6680, Proposed):87,800 12,000 109,200 (9,400)
Carry forward remaining budget for utility rate studies - 12,000 12,000 -
Carry forward funds for temporary flow monitoring 65,000 - 65,000 -
Carry forward funds for centralized receipting system (IS.0066) (T/F to F518)5,700 - 5,700 -
Carry forward funds for CRM system replacement (IS.0049) (T/F to F518)5,700 - 5,700 -
C/F funds for cyber security management initiative (IS.0061) (T/F to F518)6,900 - 6,900 -
C/F funds for eDocument scanning and workflow project (IS.0050) (T/F to F518)4,500 - 4,500 -
Adjust budget to reflect reduced Build America Bond subsidy (T/F to F230)- - 4,800 (4,800)
Increase budget for Central Parking Garage capital expenses (T/F to F505)- - 4,600 (4,600)
Revised 2018 Budget - Fund 432 1,637,473 9,332,902 9,928,170 1,042,205
Solid Waste Fund (#434)
2018 Adopted Budget 4,233,901 16,065,850 15,691,927 4,607,824
BA#5 (Ordinance #6680, Proposed):- - 30,000 (30,000)
Funding for solid waste rate analysis and contract procurement assistance - - 30,000 (30,000)
Revised 2018 Budget - Fund 434 4,727,235 15,052,950 14,970,227 4,809,958
Page 8 of 12 3/21/2018 7:32 AMPage 61 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Water Capital Fund (#460)
2018 Adopted Budget 946,053 5,000,000 5,086,586 859,467
Previous Budget Amendments (309,998) 287,500 (777,400) 754,902
2018 Amended Budget 636,055 5,287,500 4,309,186 1,614,369
BA#5 (Ordinance #6680, Proposed):2,158,600 1,261,700 2,553,600 866,700
C/F funds for Citywide Storm Repair & Replacement - water portion (cp1312)158,000 - 158,000 -
C/F funds for 2017 Local Street Pavement Reconstruction - water portion (cp1614)114,000 - 114,000 -
C/F funds for 2018 Local Street Pavement Reconstruction - water portion (cp1717)69,800 - 69,800 -
Carry forward funds for 22nd St. NE & I St. NE Intersection - water portion (cp1513)366,900 - 366,900 -
Carry forward funds for AWS Corridor Safety Improvements (cp1218)203,400 - 203,400 -
C/F DWSRF funds for Coal Creek Springs Transmission Main Repl (cp1603)- 329,900 329,900 -
Carry forward funds for F St. SE Non-Motorized Improvements (cp1416)20,000 - 20,000 -
Carry forward funds for Fulmer Well Field Improvements (cp1107)277,200 - 277,200 -
Carry forward funds for Lakeland Hills Reservoir 5 Improvements (cp0765)59,400 - 59,400 -
Carry forward funds for Lea Hill PRV Station Improvements (cp1617)623,900 - 623,900 -
Carry forward funds for Reservoir Repair & Replacement (wabd12)50,000 - 50,000 -
Carry forward funds for Well 1 Improvements (cp0915)61,500 - 61,500 -
Carry forward funds for Well 4 Power & Chlorination (c512a0)45,300 - 45,300 -
Carry forward funds for West Hill Springs Improvements (cp1417)99,900 - 99,900 -
Record DWSRF fund loan as receipted in F430 with proceeds T/F to F460 - 866,700 - 866,700
Carry forward funds for Reservoir 1 Seismic Control Valve (cp1709)9,300 65,100 74,400 -
Revised 2018 Budget - Fund 460 2,794,655 6,549,200 6,862,786 2,481,069
Sewer Capital Fund (#461)
2018 Adopted Budget 7,821,219 600,000 1,414,000 7,007,219
Previous Budget Amendments 3,881,858 - 257,000 3,624,858
2018 Amended Budget 11,703,077 600,000 1,671,000 10,632,077
BA#5 (Ordinance #6680, Proposed):774,300 - 814,300 (40,000)
C/F and provide add'l funds for Pump Station Telemetry Improvements (cp1719)146,800 - 181,800 (35,000)
Carry forward funds for F Street SE Non-Motorized Improvements (cp1416)19,900 - 19,900 -
Carry forward funds for 15th Street NE/NW Preservation (cp1521)50,000 - 50,000 -
Carry forward funds for Auburn Way North Preservation Project (cp1507)20,000 - 20,000 -
Carry forward funds for B Street NE Reconstruction (cp1520)111,700 - 111,700 -
Carry forward funds for Siphon Assessment (sebd06)405,000 - 405,000 -
C/F and provide add'l funds for 22nd St. & I St. NE Intersection Imprvmnts (cp1513)20,900 - 25,900 (5,000)
Revised 2018 Budget - Fund 461 12,477,377 600,000 2,485,300 10,592,077
Page 9 of 12 3/21/2018 7:32 AMPage 62 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Storm Drainage Capital Fund (#462)
2018 Adopted Budget 10,347,143 1,800,000 1,536,000 10,611,143
Previous Budget Amendments 1,097,153 - 638,100 459,053
2018 Amended Budget 11,444,296 1,800,000 2,174,100 11,070,196
BA#5 (Ordinance #6680, Proposed):722,600 210,000 1,302,200 (369,600)
Carry forward funds for Eastridge Manor Drainage Improvements (cp1316)320,500 - 320,500 -
Provide add'l funds for 15th St. NE/NW Pavement Restoration Project (cp1521)- - 50,000 (50,000)
C/F and provide add'l funds for Auburn Way North Preservation Project (cp1507)19,700 - 27,400 (7,700)
Provide add'l funds for 2018 Local Street Reconstruction Project (cp1717)- - 176,300 (176,300)
Carry forward funds for 37th Street NW Flood Control Project (cp1724)39,100 210,000 39,100 210,000
Provide add'l funds for 2019 Local Street Reconstruction Project (cp1726)- - 50,000 (50,000)
Carry forward funds for Pipeline Repair & Replacement Project (sdbd03)126,000 - 126,000 -
Carry forward funds for Hillside Drainage Assessment (sdbd07)139,000 - 139,000 -
C/F and provide add'l funds for Storm Repair & Replacement Project (cp1312)78,300 - 373,900 (295,600)
Revised 2018 Budget - Fund 462 12,166,896 2,010,000 3,476,300 10,700,596
Airport Capital Fund (#465)
2018 Adopted Budget 111,743 1,741,667 1,853,334 76
Previous Budget Amendments 92,892 527,800 555,600 65,092
2018 Amended Budget 204,635 2,269,467 2,408,934 65,168
BA#5 (Ordinance #6680, Proposed):39,700 302,700 342,400 -
Carry forward funds for Airport Facility Condition Assessment (cp1727)20,400 - 20,400 -
Carry forward funds for Airport Runway Enhancement Project (cp1516)19,300 302,700 322,000 -
Revised 2018 Budget - Fund 465 244,335 2,572,167 2,751,334 65,168
Page 10 of 12 3/21/2018 7:32 AMPage 63 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Facilities Fund (#505)
2018 Adopted Budget 1,285,575 3,875,400 3,911,293 1,249,682
Previous Budget Amendments (53,903) (285,000) (85,000) (253,903)
2018 Amended Budget 1,231,672 3,590,400 3,826,293 995,779
BA#5 (Ordinance #6680, Proposed):256,500 50,600 327,000 (19,900)
Carry forward funds for City Hall exterior cleaning 107,000 - 107,000 -
Carry forward funds for City Hall exterior water repellant/sealant 54,500 - 54,500 -
Carry forward funds for new sewage wet well pump, motors, etc. at City Hall 40,000 - 40,000 -
Carry forward funds for City Hall elevator update 55,000 - 55,000 -
Incr budget for Central Parking Garage capital expenses (T/F from other funds)- 50,600 70,500 (19,900)
Revised 2018 Budget - Fund 505 1,488,172 3,641,000 4,153,293 975,879
Innovation & Technology Fund (#518)
2018 Adopted Budget 435,128 6,598,327 6,063,932 969,523
Previous Budget Amendments 1,113,567 362,400 135,000 1,340,967
2018 Amended Budget 1,548,695 6,960,727 6,198,932 2,310,490
BA#5 (Ordinance #6680, Proposed):60,000 224,300 284,300 -
Carry forward funds for drone program administration program (IS.0041)- 28,300 28,300 -
Carry forward funds for centralized receipting system (IS.0066)- 49,000 49,000 -
Carry forward funds for CRM system replacement (IS.0049)- 49,000 49,000 -
Carry forward funds for cyber security management initiative (IS.0061)- 58,800 58,800 -
Carry forward funds for eDocument scanning and workflow project (IS.0050)- 39,200 39,200 -
Carry forward funds for branding/mktg campaign (T/F to GF)60,000 - 60,000 -
Revised 2018 Budget - Fund 518 1,608,695 7,185,027 6,483,232 2,310,490
Page 11 of 12 3/21/2018 7:32 AMPage 64 of 91
Schedule A
Summary of 2018 Budget Adjustments by Fund
Budget Amendment #5 (Ordinance #6680)
A 10,146,400 9,617,100 20,154,400 (390,900)
Beg. Fund
Balance
2018
Revenues
2018
Expenditures
Ending Fund
Balance
ERROR: Detail ≠ Schedule A
ERROR: Transfers In ≠ Transfers Out
Equipment Rental Capital Fund (#560)
2018 Adopted Budget 1,376,943 1,703,631 1,506,851 1,573,723
Previous Budget Amendments 1,066,352 869,358 188,800 1,746,910
2018 Amended Budget 2,443,295 2,572,989 1,695,651 3,320,633
BA#5 (Ordinance #6680, Proposed):372,400 61,500 700,400 (266,500)
Vehicle for New Animal Control Officer - 51,500 51,500 -
Carry forward funds for M&O front and rear gate replacement (cp1715)80,100 - 80,100 -
Funding for early replacement of Sewer TV truck (#6301E)- - 249,300 (249,300)
Carry forward funds for vehicle replacements (originally scheduled for 2017)292,300 - 309,500 (17,200)
King County Youth & Amateur Sports grant for family/youth biking program - 10,000 10,000 -
Revised 2018 Budget - Fund 560 2,815,695 2,634,489 2,396,051 3,054,133
IT Capital Fund (#568)
2018 Adopted Budget 1,079,683 205,000 1,033,800 250,883
Previous Budget Amendments 337,694 22,500 22,500 337,694
2018 Amended Budget 1,417,377 227,500 1,056,300 588,577
BA#5 (Ordinance #6680, Proposed):98,600 4,800 103,400 -
Vehicle for New Animal Control Officer - 4,800 4,800 -
Carry forward funds for Golf Course fiber expansion project 98,600 - 98,600 -
Revised 2018 Budget - Fund 568 1,515,977 232,300 1,159,700 588,577
Grand Total - All Funds
2018 Adopted Budget 82,595,207 184,276,400 192,349,311 74,522,296
Previous Budget Amendments 24,451,721 1,279,700 5,022,600 20,708,821
2018 Amended Budget 107,046,928 185,556,100 197,371,911 95,231,117
TOTAL BA#5 (Ordinance #6680, Proposed)10,146,400 9,617,100 20,154,400 (390,900)
Revised 2018 Budget 117,193,328 195,173,200 217,526,311 94,840,217
312,366,528 312,366,528
Page 12 of 12 3/21/2018 7:32 AMPage 65 of 91
Schedule B
2018 Appropriations by Fund
Fund
2018
Adopted
Budget
BA#4
(Ord #6666)
BA#5
(Ord #6680)
Total
Amendments
Revised
Budget
General Fund (#001)78,715,119 3,394,221 693,300 4,087,521 82,802,640
Arterial Street Fund (#102)7,592,231 (3,928,125) 4,440,900 512,775 8,105,006
Local Street Fund (#103)2,802,243 459,491 803,300 1,262,791 4,065,034
Hotel Motel Fund (#104)197,744 60,502 35,600 96,102 293,846
Arterial Street Preservation Fund (#105)3,433,348 3,701,817 522,200 4,224,017 7,657,365
Drug Forfeiture Fund (#117)281,081 95,555 - 95,555 376,636
Housing and Community Development Grant Fund (#119)512,455 (10,001) 596,200 586,199 1,098,654
Recreation Trails Fund (#120)64,338 164 - 164 64,502
Business Improvement Area Fund (#121)103,916 9,956 - 9,956 113,872
Cumulative Reserve Fund (#122)7,387,199 2,121,600 - 2,121,600 9,508,799
Mitigation Fees Fund (#124)5,949,681 4,593,782 1,593,100 6,186,882 12,136,563
1998 Library Fund (#229)282,150 - - - 282,150
2010 Annex A&B Bond Debt Fund (#230)1,675,120 - - - 1,675,120
2010 C&D Local Revitalization Debt Fund (#231)589,595 - - - 589,595
SCORE Debt Service Fund (#238)2,021,294 - - - 2,021,294
LID Guarantee Fund (#249)- 1,588 - 1,588 1,588
LID #350 (#275)19,771 (1,349) - (1,349) 18,422
Golf/Cemetery 2016 Refunding (#276)554,367 - - - 554,367
Municipal Park Construction Fund (#321)946,706 1,300,460 1,297,500 2,597,960 3,544,666
Capital Improvements Fund (#328)11,667,156 2,069,486 1,324,700 3,394,186 15,061,342
Local Revitalization Fund (#330)- 41,100 300,000 341,100 341,100
Water Fund (#430)20,108,448 1,454,006 1,406,600 2,860,606 22,969,054
Sewer Fund (#431)9,472,380 887,957 52,000 939,957 10,412,337
Storm Drainage Fund (#432)11,097,882 (227,307) 99,800 (127,507) 10,970,375
Sewer Metro Fund (#433)20,509,418 232,317 - 232,317 20,741,735
Solid Waste Fund (#434)20,299,751 (519,566) - (519,566) 19,780,185
Airport Fund (#435)1,153,965 45,635 - 45,635 1,199,600
Cemetery Fund (#436)1,427,709 16,243 - 16,243 1,443,952
Water Capital Fund (#460)5,946,053 (22,498) 3,420,300 3,397,802 9,343,855
Sewer Capital Fund (#461)8,421,219 3,881,858 774,300 4,656,158 13,077,377
Storm Drainage Capital Fund (#462)12,147,143 1,097,153 932,600 2,029,753 14,176,896
Airport Capital Fund (#465)1,853,410 620,692 342,400 963,092 2,816,502
Cemetery Capital Fund (#466)157,301 174,332 - 174,332 331,633
Insurance Fund (#501)1,085,709 743,711 - 743,711 1,829,420
Workers Compensation Self Insurance Fund (#503)2,096,845 227,246 - 227,246 2,324,091
Facilities Fund (#505)5,160,975 (338,903) 307,100 (31,803) 5,129,172
Innovation and Technology Fund (#518)7,033,455 1,475,967 284,300 1,760,267 8,793,722
Equipment Rental Fund (#550)5,532,812 440,448 - 440,448 5,973,260
Equipment Rental Capital Fund (#560)3,080,574 1,296,652 433,900 1,730,552 4,811,126
IT Capital Fund (#568)1,284,683 360,194 103,400 463,594 1,748,277
Fire Pension Fund (#611)2,408,182 (48,293) - (48,293) 2,359,889
Cemetery Endowment Fund (#701)1,798,179 23,330 - 23,330 1,821,509
Total 266,871,607 25,731,421 19,763,500 45,494,921 312,366,528
3/21/2018 7:33 AMPage 66 of 91
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5357 (Gaub)
Date:
March 27, 2018
Department:
CD & PW
Attachments:
Res olution No. 5357
WARN Mutual Aid Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5357.
Background Summary:
WAWARN is the Washington Water/Wastewater Agency Response Network that allows
water and wastewater systems to receive rapid mutual aid and assistance from other systems
in an emergency. Utilities sign the WARN standard agreement which then allows them to
share resources with any other system in Washington that has also signed the agreement.
Over 120 utilities have joined WAWARN.
The WAWARN program provides its member utilities with:
A standard omnibus mutual assistance agreement and process for sharing emergency
resources among members statewide.
The resources to respond and recover more quickly from a disaster.
A mutual assistance program consistent with other statewide mutual aid programs.
A forum for developing and maintaining emergency contacts and relationships.
New ideas from lessons learned in disasters.
WAWARN Benefits
No cost to become a member
Increased emergency preparedness and coordination
Enhance access to specialized resources
A single agreement provides access to all member utilities statewide
Provides access to resources during an emergency without precontractual limitations or
retainer fees
Signatories have a pre-established relationship under which they are able to share
resources during an emergency at the discretion of each participating agency
Is consistent with the National Incident Management System (NIMS)
Provides a list of emergency contacts and phone numbers
Reduces administrative conflicts
Agreement contains indemnification and workers’ compensation provisions to protect
participating utilities, and provides for reimbursement of costs, as needed
Page 67 of 91
Increases hope that recovery will come quickly
Resolution No. 5357 authorizes the Mayor to sign an interlocal agreement for the purpose of
receiving and providing water/wastewater mutual aid in the event of an emergency.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:April 2, 2018 Item Number:RES.A
Page 68 of 91
RESOLUTION NO. 5 3 57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN
AN INTERLOCAL AGREEMENT WITH OTHER WASHINGTON
AGENCIE8 F.OR THE PURPOSE OF RECEIVING AND
PROVIDING WATER/WASTEWATER MUTUAL AID IN THE
EVENT OF AN EMERGENCY
WHEREAS, pursuant to RCW 35:A.11.040, Auburn has the legal authority
to exercise its powers and perform any of its functions as set forth in RCW 39.34;
and
1NHEREAS, local governments throughout 4he State of Washington have
signed on to an interlocal agreement for the provision of watedwastewater mutual
aid in the event of an emergency, idenfified as the WaterNVastewater Agency
Response Network (WARN); and
WHEREAS, mutual aid agreements improve City response to
emergencies and disasters; and
WHEREAS, the City Council finds that joining 1NARN will benefit public
healfh safety and welfare.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is hereby authorized to sign on to the
interlocal agreement for the WaterNVastewater Agency Response Network, in
substantial conformity with the agreement attached hereto, marked as Exhibit A
ancl incorporated herein by this reference.
Resolution Na 5357
03/27/18
Page 1 Page 69 of 91
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. This Resolution shall take effect and be in force up.on
passage and signatures thereon.
DATED and SIGNED on this_day of 2018.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APP ED TO FORM:
el B. ' , City or ey
Resolution No. 5357
03/27118
Page 2 Page 70 of 91
EXHIBIT A
INTERLOCAL AGREEMENT FOR
WATER/WASTEWATER AGENCY RESPONSE NETWORK
Page 71 of 91
Page 1 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
Mutual Aid and Assistance Agreement for Washington State for Intrastate
Water/Wastewater Agency Response Network (WARN)
As of: 04/13/09
This Agreement ("Agreement") is made and entered into by public water and
wastewater utilities that have executed this Agreement.
ARTICLE I
PURPOSE
Recognizing that emergencies may require aid or assistance in the form of personnel,
equipment, and supplies from outside the area of impact, the signatories hereby
establish an Intrastate Network for Mutual Aid and Assistance (the "Network").
Through the Network, Members (as further defined in this Agreement) may coordinate
response activities and share resources during emergencies.
ARTICLE II
DEFINITIONS
A. Authorized Official – An employee or officer of a Member agency that is
authorized to:
1. Request assistance;
2. Offer assistance;
3. Decline to offer assistance;
4. Decline to accept offers of assistance, and
5. Withdraw assistance under this Agreement.
B. Emergency – A natural or human-caused event or circumstance causing, or
imminently threatening to cause, loss of life, injury to person or property, human
suffering, significant financial loss, or damage to environment. For example,
Emergencies may include fire, explosion, flood, severe weather, drought, earthquake,
volcanic activity, spills or releases of oil or hazardous material, contamination, utility or
transportation emergencies, disease, blight, infestation, civil disturbance, riot,
intentional acts, sabotage and war that are, or could reasonably be beyond the
capability of the services, personnel, equipment, and facilities of a Member to fully
manage and mitigate by itself.
C. Member – Any public agency which provides supply, transmission or
distribution of water; or collection, conveyance or treatment services of storm water or
waste water that executes this Agreement (individually a "Member" and collectively the
"Members"). The Members are further classified as follows: 1. Requesting Member – A Member who requests aid or assistance under the
Network.
2. Responding Member – A Member that responds to a request for aid or
assistance under the Network.
D. Period of Assistance – The period of time when a Responding Member
Page 72 of 91
Page 2 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
assists a Requesting Member in response to a Request for Assistance. The Period of
Assistance commences when personnel, equipment, or supplies depart from
Responding Member’s facility and ends when all of the resources return to the
Responding Member's facility (i.e., portal to portal).
E. National Incident Management System (NIMS): The national, standardized
system for incident management and response that sets uniform processes and
procedures for emergency response operations.
F. Associate – Any non-utility participant approved by the Statewide Committee
that provides a support role for the Network (such as the State Department of Health).
An Associate does not execute this Agreement.
ARTICLE III
ADMINISTRATION
The Network is administered through Regional Committees and a Statewide
Committee.
A. Regional Committees. The State is divided into regions that are
geographically the same as the existing Department of Health Office of Drinking Water
regions of the state, with the exception that the eastern region is divided to create a
central region. Each region has a Regional Committee. Each Member within a region
may appoint one person to be a member of its Regional Committee. Only those
Regional Committee members appointed by Members are entitled to vote on matters
before the Regional Committee. An Associate may be a non-voting member of a
Regional Committee. Each Regional Committee shall elect a Chair by majority vote of
the voting members of that Regional Committee and shall meet annually to review the
operations and procedures of the Network.
B. Statewide Committee. The Chairs of the Regional Committees are the
voting members of the Statewide Committee. An Associate may be a non-voting
member of the Statewide Committee. Further, the Statewide Committee also may
include as non-voting members representatives from the Washington State
Department of Health Office of Drinking Water, Washington State Department of
Ecology, Washington State Emergency Management Division, Rural Community
Assistance Corporation, Evergreen Rural Water of Washington, Washington State
Public Health Laboratory, EPA Region 10, Washington Association of Sewer and
Water Districts, and the Washington PUD Association. Under the leadership of a
Statewide Committee Chair elected by majority vote of the voting members of the
Statewide Committee, the Statewide Committee shall plan and coordinate emergency
planning and response activities for the Network.
C. Members’ administrative activities shall be voluntary and members shall not
be required to finance the administration of the Network, nor shall the Network hold
real or personal property.
Page 73 of 91
Page 3 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
ARTICLE IV
PROCEDURES
In coordination with the Regional Committees, and emergency management and
public health systems of the State, the Statewide Committee shall develop and adopt
operational and planning procedures for the Network that are consistent with this
Agreement. The Statewide Committee shall review these procedures at least annually
and shall update them as needed.
ARTICLE V
REQUESTS FOR ASSISTANCE
A. Member Information: Promptly after executing this Agreement, the
signatory Member shall deliver the following to the Statewide Committee: (1) a
certified copy of the action of Member’s governing body that authorized the signing of
this Agreement and (2) an original signed Agreement. Each Member shall identify an
Authorized Official and one alternate Authorized Official. Each Member shall provide
current 24-hour contact information for its Authorized Officials to the Statewide
Committee, which shall maintain a current list of all Members and the contact
information for their Authorized Officials. The Statewide Committee shall provide to all
Members an updated version of this list annually and whenever there is an addition or
withdrawal of a Member and whenever there is a change of Authorized Officials’
contact information.
B. Request for Assistance. In the event of an Emergency, a Member’s
Authorized Official may request mutual aid and assistance from Members (“Request
for Assistance”). Requests for Assistance may be made orally or in writing, provided
that when a Request for Assistance is made orally, the Requesting Member shall, as
soon as practicable, identify and transmit in writing the personnel, equipment and
supplies requested. Requesting Members shall direct Requests for Assistance to
Authorized Officials. The Statewide Committee shall provide specific protocols for
Requests for Assistance as part of the procedures created pursuant to Article IV of this
Agreement.
C. Response to a Request for Assistance – Members are not obligated to
respond to a Request for Assistance. After a Member receives a Request for
Assistance, the receiving Member’s Authorized Official shall evaluate whether to
respond to the Request for Assistance, whether resources are available to respond, or
if other circumstances would hinder response. Following the evaluation, the
Authorized Official shall inform, as soon as possible, the Requesting Member whether
the Member will respond to the Request for Assistance. If the Member is willing and
able to provide assistance, the Member shall inform the Requesting Member of the
type of available resources and the approximate arrival time of such assistance.
D. Discretion of Responding Member’s Authorized Official – No Member has
any duty to respond to a Request for Assistance. When a Member receives a
Request for Assistance, the Authorized Official shall have sole and absolute discretion
Page 74 of 91
Page 4 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
as to whether or not to respond to the Request for Assistance, and if responding in the
affirmative, to determine the availability of resources to be made available to the
Requesting Member. The response of a Member’s Authorized Official regarding the
availability of resources to a Requesting Member shall be final.
E. No Liability for Failure to Respond – No Member will be liable to any other
Member for deciding not to respond to a Request for Assistance or otherwise failing to
respond to a Request for Assistance. All Members hereby waive all claims against all
other Members arising from or relating to any Member’s decision to not respond to a
Request for Assistance or to any Member’s failure to respond to a Request for
Assistance.
ARTICLE VI
RESPONDING MEMBER PERSONNEL
A. National Incident Management System-When providing assistance under this
Agreement, the Requesting Member and Responding Member are encouraged (but are
not obligated) to be organized and function under NIMS.
B. Coordination and Records – Employees of the Responding Member will
remain under the direction and control of the Responding Member to the fullest extent
possible. The Responding Member is an independent contractor at all times. The
Requesting Member’s Authorized Official shall coordinate response activities with the
designated supervisor(s) of the Responding Member(s). The Responding Member’s
designated supervisor(s) shall keep accurate records of work performed by personnel
during the Period of Assistance and for the equipment and supplies provided during
work.
C. Food and Shelter – Whenever practical, Responding Member personnel
must be self sufficient for up to seventy-two (72) hours. Whenever practical, the
Requesting Member shall supply adequate food and shelter for Responding Member
personnel. If the Requesting Member is unable to provide food and shelter for
Responding Member personnel, the Responding Member’s designated supervisor is
authorized to secure the food and shelter necessary to meet the needs of its
personnel.
D. Communication – The Requesting Member shall provide Responding
Member personnel with communications equipment as available, radio frequency
information to program existing radios if appropriate, or telephone contact numbers, in
order to facilitate communications with local responders and utility personnel. Each
Requesting Member shall provide contact information for an individual with whom
Responding Member’s personnel may coordinate while en-route for access, staging
instructions and other logistical requirements.
E. Status - Unless otherwise provided by law, the Responding Member’s
officers and employees shall have the same powers, duties, rights, privileges, and
immunities as if they were performing their duties in the jurisdiction in which they are
Page 75 of 91
Page 5 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
normally employed.
F. Licenses and Permits – To the extent permitted by law, Responding
Member personnel that hold licenses, certificates, or permits evidencing professional,
mechanical, or other skills shall be allowed to carry out activities and tasks relevant
and related to their respective credentials during a Period of Assistance.
ARTICLE VII
RIGHT TO WITHDRAW RESOURCES
A. Right to Withdraw - A Responding Member may withdraw some or all of its
resources at any time for any reason, as determined in the Responding Member’s sole
and absolute discretion. The Responding Member shall communicate written or oral
notice of intention to withdraw all or some of a Responding Member's resources to the
Requesting Member’s Authorized Official as soon as practicable under the
circumstances. To the greatest extent possible, but without limiting in any way a
Responding Member’s sole and absolute discretion, a Responding Member's
determination to withdraw some or all of its resources provided to a Requesting
Member should consider the status of the incident and incident stability, to minimize
any adverse impacts from the withdrawal of resources by a Responding Member.
B. No Liability for Withdrawal - No Member will be liable to any other Member
for first responding to a Request for Assistance by providing resources (such as
personnel, materials, and equipment) and later withdrawing or refusing to continue to
provide some or all of those resources. All Members hereby waive all claims against
all Members arising from or relating to such a withdrawal or refusal.
ARTICLE VIII
COST- REIMBURSEMENT
The Requesting Member shall reimburse the Responding Member for all costs
incurred by the Responding Member during a Period of Assistance, unless otherwise
agreed in writing by both Members.
A. Personnel – The Requesting Member shall reimburse the Responding
Member for personnel costs incurred for work performed during a Period of
Assistance. Responding Member personnel costs will be calculated according to the
terms provided in their employment contracts, hourly rate schedules or other
conditions of employment. The Responding Member’s designated supervisor(s) shall
keep accurate records of work performed by personnel during a Period of Assistance.
The Requesting Member shall include in its reimbursement of the Responding
Member all personnel costs, including salaries or hourly wages, costs for fringe
benefits, and indirect costs.
Unless otherwise agreed in writing, the Requesting Member shall reimburse the
Responding Member for all reasonable and necessary costs associated with providing
food and shelter for the Responding Member's personnel, if the food and shelter are
Page 76 of 91
Page 6 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
not provided by the Requesting Member. The Requesting Member is not required to
reimburse the Responding Member for food and shelter costs in excess of State per
diem rates unless the Responding Member demonstrates in writing that the excess
costs were reasonable and necessary under the circumstances.
B. Equipment – The Requesting Member shall reimburse the Responding
Member for the use of equipment during a Period of Assistance, including, but not
limited to, reasonable rental rates, all fuel, lubrication, maintenance, transportation,
and loading/unloading of loaned equipment. The Requesting Member shall return all
equipment to the Responding Member in good working order as soon as is practicable
and reasonable under the circumstances. If equipment cannot be returned in good
working order, then Requesting Member shall either provide in-kind replacement
equipment to Responding Member at no cost to Responding Member or pay to
Responding Member the actual replacement cost of the equipment. Reimbursement
rates for equipment use will be no less than the Federal Emergency Management
Agency’s (FEMA) Schedule of Equipment Rates. If a Responding Member uses rates
different from those in the FEMA Schedule of Equipment Rates, the Responding
Member shall provide such rates orally or in writing to the Requesting Member prior to
supplying the equipment. If reimbursement rates are to be different than those in the
FEMA Schedule of Equipment rates, Responding Member and Requesting Member
shall agree in writing on which rates will be used prior to dispatch of the equipment to
the Requesting Member. Requesting Member shall reimburse for equipment not
referenced on the FEMA Schedule of Equipment Rates based on actual recovery of
costs. If a Responding Member is required to lease equipment while its equipment is
being repaired because of damage due to use during a Period of Assistance,
Requesting Member shall reimburse Responding Member for such rental costs.
C. Materials and Supplies – The Requesting Member shall reimburse the
Responding Member in kind or at actual replacement cost, plus handling charges, for
use of expendable or non-returnable supplies by the Responding Member during a
Period of Assistance. The Responding Member shall not charge direct fees or rental
charges to the Requesting Member for other supplies and reusable items that are
returned to the Responding Member in a clean, damage-free condition. Reusable
supplies that are returned to the Responding Member with damage will be treated as
expendable supplies for purposes of cost reimbursement.
D. Payment Period – In order to be reimbursed, the Responding Member shall
provide an itemized bill to the Requesting Member no later than ninety (90) days
following the end of the Period of Assistance for all expenses incurred by the
Responding Member while providing assistance to a Requesting Member under this
Agreement. The Responding Member may request additional time to submit the
itemized bill, and Requesting Member shall not unreasonably withhold consent to such
a request. The Requesting Member shall pay the itemized bill in full on or before the
forty-fifth (45th) day following the billing date. The Requesting Member may request
additional time to pay the itemized bill, and Responding Member shall not
unreasonably withhold consent to such a request, but in no event will payment in full
occur later than one year after the date a final itemized bill is submitted to the
Page 77 of 91
Page 7 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
Requesting Member. If a Responding Member disputes a portion of an itemized bill,
the Requesting Member shall promptly pay those portions of the bill not under dispute,
pending the resolution of the payment of the disputed portion of the bill.
E. Records - Where a Responding Member provides assistance to a
Requesting Member under this Agreement, both Members shall provide the other
Member access to the books, documents, notes, reports, papers and other records
relevant to this Agreement for the purposes of reviewing the accuracy of a cost bill or
making or undergoing a financial, maintenance or regulatory audit. Both Members
shall maintain these records for at least three (3) years or longer where required by
law.
ARTICLE IX
DISPUTES
NEGOTIATION
Members shall first attempt to resolve any controversy, claim or other dispute arising
out of or relating to this Agreement by direct negotiation.
MEDIATION
To the extent not resolved by direct negotiation, Members shall mediate any
controversy, claim or other dispute arising out of or relating to this Agreement.
Mediation is a condition precedent to arbitration. Unless the disputing Members agree
otherwise, the mediation will be administered by the American Arbitration Association
(AAA) under its Construction Industry Mediation Procedures. The disputing Members
shall pay in equal shares the mediator’s fee and any filing fees. Unless otherwise
agreed by the disputing Members, the disputing Members shall (1) hold the mediation
no later than thirty (30) days after a disputing Member delivers a request for mediation
to the other disputing Members and (2) hold the mediation at the location of the
Requesting Member. Agreements reached in mediation will be enforceable as
settlement agreements.
ARBITRATION
To the extent not resolved by mediation, Members shall arbitrate all controversies,
claims and other disputes arising out of or relating to this Agreement. Unless the
disputing Members agree otherwise, the arbitration will be administered by the AAA in
accordance with its Construction Industry Arbitration Rules in effect on the date a
disputing Member makes a demand for arbitration. A disputing Member may make a
demand for arbitration before negotiation or mediation if it appears that a claim might
be barred by a statute of limitations if the demand were made after the negotiation or
mediation. However, in such a case the arbitration will be stayed until the conclusion
of negotiation and mediation. The decision and award rendered by the arbitrator(s)
shall be final, and judgment may be entered upon it in accordance with applicable law
in any court having jurisdiction thereof.
Page 78 of 91
Page 8 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
ARTICLE X
DUTY TO INDEMNIFY
To the extent of its fault, a Member shall defend, indemnify, and hold harmless all
other Members, their elected officials, Authorized Officials, officers, employees and
agents from any and all costs, claims, judgments, losses, awards of damage, injury,
death and liability of every kind, nature and description, including the reasonable cost
of defense and attorneys' fees, directly or indirectly arising from or relating to this
Agreement (collectively, “Indemnified Claims”). This indemnity obligation extends to all
Indemnified Claims against a Member by an employee or former employee of another
Member, and for this purpose, by mutual negotiation, each Member hereby expressly
waives, with respect to each other Member only, all immunity and limitation under any
applicable industrial insurance act, including Title 51 of the Revised Code of
Washington, other worker compensation acts, disability benefit acts or other employee
benefit act of any jurisdiction which would otherwise be applicable in the case of
Indemnified Claims.
ARTICLE XI
WORKER’S COMPENSATION AND SITE CONDITIONS
The Responding Member is responsible for providing worker’s compensation benefits
and administering worker’s compensation for its employees. The Requesting Member is
responsible for providing worker’s compensation benefits and administering worker’s
compensation for its employees.
Each Member shall promptly identify to the other Members concerns about site safety,
environmental concerns, and other working conditions. The Safety Officer appointed
within the Incident Command System during the Period of Assistance shall address
specific safety conditions and mitigations.
ARTICLE XII
NOTICE
Unless otherwise provided in this Agreement, all notices must be in writing. Notice to a
Member must be delivered to the Member’s Authorized Official.
ARTICLE XIII
EFFECTIVE DATE
This Agreement shall be effective with respect to each Member when that
Member’s authorized representative executes the Agreement. The Statewide
Committee shall maintain a master list of all Members.
ARTICLE XIV
WITHDRAWAL
Page 79 of 91
Page 9 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
A Member may withdraw from this Agreement at any time by providing to the
Statewide Committee Chair written notice of withdrawal signed by the withdrawing
Member’s Authorized Official or other person authorized by the withdrawing Member’s
governing body. Any withdrawal will be effective upon receipt by the Statewide
Committee Chair of the notice of intent to withdraw. If there is no Statewide
Committee Chair, the withdrawing Member shall provide written notice to each
Member in its region, and the withdrawal will be effective upon delivery of those
notices. Once withdrawal from this Agreement is effective, the withdrawing Member
will have no further obligations under this Agreement, except that withdrawal from this
Agreement will not affect any indemnification or reimbursement obligation under this
Agreement that arises prior to the effective date of the withdrawal.
ARTICLE XV
TERMINATION
This Agreement shall terminate in its entirety when there are less than two Members.
Termination of this Agreement will not affect any indemnification or reimbursement
obligation under this Agreement arising prior to the termination. The Statewide
Committee Chair shall provide written notice of termination to all remaining Members
of the Agreement.
ARTICLE XVI
AMENDMENT
This Agreement may be amended if, after written notice of a proposed amendment to
all Members, the proposed amendment is approved by a majority of Members in each
region. The Statewide Committee Chair shall provide written notice to all Members of
approved amendments. Approved amendments will take effect sixty (60) days after
the date the notice is sent to the Members.
ARTICLE XVII
SEVERABILITY
The parties agree that if any term or provision of this Agreement is declared by a court
of competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining terms and provisions shall not be affected, and the rights and obligations of
the parties shall be construed and enforced as if the Agreement did not contain the
particular term or provision held to be invalid.
ARTICLE XVIII
PROHIBITION ON THIRD PARTIES AND ASSIGNMENT OF RIGHTS/DUTIES
Notwithstanding rights of subrogation asserted by a Member’s insurance provider, this
Agreement is for the sole benefit of the Members and no other person or entity shall
have any rights under this Agreement as a third party beneficiary nor shall any
Member owe duty to a third party not a signatory of this Agreement by virtue of this
Agreement. Assignments of benefits and delegations of duties created by this
Page 80 of 91
Page 10 of 10
Mutual Aid and Assistance Agreement for Washington State WARN
Agreement are prohibited and of no effect.
ARTICLE XIX
GOVERNING LAW
This Agreement is governed by the law of the State of Washington, specifically RCW
39.34, Interlocal Cooperation Act.
ARTICLE XX
EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts and by different
parties in separate counterparts. Each counterpart when so executed shall be deemed
to be an original and all of which together shall constitute one and the same
Agreement. The water and wastewater utility listed below executed this Agreement on this
___________ day of __________ 201 .
Water/Wastewater Utility:
By: By:
Title: Title
Please Print Name Please Print Name
Approved as to form
By:
Attorney for Member
Please Print Name
Page 81 of 91
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5359 (Gaub)
Date:
March 27, 2018
Department:
CD & PW
Attachments:
Res olution No. 5359
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5359.
Background Summary:
Resolution No. 5359 authorizes the City to submit an application for and, if awarded, to accept
WSDOT grant funds for Project CP1516, Auburn Municipal Airport Runway.
The runway enhancements will improve aircraft safety and the ability to accommodate the
current and forecast fleet of multi-engineer piston aircraft for both takeoff and accelerated-
stop distances by providing additional runway length. Grant funding from the Federal Aviation
Administration (FAA) and the Washington State Department of Transportation, Aviation
Division (WSDOT) is available to support the design, land acquisition, and construction of this
project. However, before the WSDOT, Aviation Division is able to award these funds, a
resolution must be approved by the City including a specific statement of support.
The cost of the design, land acquisition, and construction is estimated to total $2,722,222.
Funding is anticipated to be as follows:
Source Amount Percentage
Federal Funds (FAA) $2,450,000 90.0%
Local Funds (Airport Fund #465) $136,111* 5.0%
State Funds (WSDOT) $136,112 5.0%
Total $2,722,223 100.0%
*If WSDOT grant funding is not awarded, the City's share would increase to $272,223, or
10% of the total project cost.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:April 2, 2018 Item Number:RES.B
Page 82 of 91
Page 83 of 91
RESOLUTION NO. 5359
A RESOLUTION OF THE CITY COUNGIL OF THE CITY OF
AUBURN, WASHINGTON, AUTPiORIZING THE CITY TO APPLY
FOR AND, IF AWARDED, TO ACCEPT GRANT FUNDS IN THE
AMOUNT OF $136,111.00 FROM THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION, AVIATION DIVISION, TO
PERFORM THE DESIGN, LAND ACQUISITION, AND
CONSTRUCTION OF THE AUBURN MUNICIPAL AIRPORT
RUNWAY ENHANCEMENT PROJECT FOR THE AUBURN
MUNICIPAL AIRPORT AND AUTHORIZING THE EXECUTION OF
THE GRANT AGREEMENT THEREFORE
WHEREAS, the completion of the design, land acquisition, and
construction of 4he Aub.urn Municipal Airpo.rt Runway Enhancement project
Runway Enhancement Project) at the Aubum Municipal Airport is a necessary
part of responsible airport facility management and maintenance, and ensures
the continued usability and safety of the runway surFaces for aircraft use; and
WHEREAS, the Runway Enhanc.ement Project is an integral part of the
most recent Airport Master Plan, which was approved by the Federal Aviation
Administrafion and the Washington State Department of Transportation, Aviation
Division; and
WHEREAS, the City of Aubum has received federal grant funds in the
amount of Three Hundred Thousand Dollars ($300,000.00), representing funds
to be used towards the design of the Runway Enhancement Project; and
WHEREAS, the City of Auburn plans to submit to the Federal Aviation
Rdministration requests for federal grant funds for 2018 in the amount of up to
Resolution No. 5359
March23, 2018
Page 1
Page 84 of 91
Two Million One Hundred and Fifty Thousand Dollars ($2,150,000.00), to be used
towards the land acquisition and construction for the Runway Enhancement
P oject; and
WHEREAS, the City of Aubum also has plans to apply to the Washington
State Department of Transportation, Aviation Division, for a matching g ant of up
to One Hundred and Thirty Six Thousand One Hundred and Eleven Dollars
136,111.00) or 5.0% of the total cost of the Runway Enhancement Project; and
WHEREAS, the City of Au.bum has ayailable, and is wiliing to provide, up
to One Hundred and Thirty Six Thousand One Hundred and Twelve Dollars
136,112.00) which is 5% of the funds needed as the City's local match for the
Runway Enhancement Project. Alternatively, the City of Auburn has available,
and is willing to provide, up to Two Hundred and Seventy Two Thousand Two
Hundred and Twenty Three Dollars ($272,223.00) which is 10% of the funds
needed as the City's local match for the Runway Enhancement Project if the
requested Washington State Department of Transportation Aviation Division
grant funds are not awarded; and
WHEREAS, the Washington State Department of Transportation Aviation
Division, requires a resolufion from the City of Auburn expressing support of the
Runway Enhancement Project prior to award of state grant funding; and
WHEREAS, by virtue of this Resolution the City Council finds that the
Runway Enhancement Project will benefit the health, safety and welfare of the
Resolution No. 5359
March 23, 2018
Page 2
Page 85 of 91
residents of the City of Auburn by improving and supports the Runway
Enhancement Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. Purpose. The Aubum City Council does hereby express its
statement of support for the design, land acquisition, and construction of the
Runway Enhancement Project and authorizes the City's expenditure of One
Hundred and Thirty Six Thousand One Hundred and Twelve Dollars
136,112.00) as its 5% match of the funds needed to co.mplete this design, land
acquisition and construction. Alternatively, the Auburn City Council authorizes the
City's expenditure of up to Two Hundred and Seventy Two Thousand Two
Hundred and Twenty Three Dollars ($272,223.00) if the requested Washington
State Department of Transportation Aviation Division grant funds are not
awarded. The Mayor and City Clerk of the City of Auburn are hereby authorized
to apply for the Washington State Department of Transportation Aviation Division
grant, and to accept this grant should it be awarded to the City of Auburn.
Section Z. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directions of this legisiation.
Section 3. Effective Date. That this Resolution shall take effect and be
in full force upon passage and signatures hereon.
Resolution No. 5359
March 23, 2018
Page 3
Page 86 of 91
Dated and Signed this day of 2018.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPR ED AS TO FORM:
niel B. He` ,
City Attomey
Resolution No. 5359
March 23, 2018
Page 4
Page 87 of 91
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5360 (Heid)
Date:
March 27, 2018
Department:
City Attorney
Attachments:
Res olution No. 5360
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5360.
Background Summary:
In September, an APD investigation culminated in the arrest of several individuals who were
conducting illegal marijuana grow operations in Auburn homes. In addition to arresting these
individuals, the APD seized the homes, grow equipment, vehicles, and cash that were related
to the operations. State law allows law enforcement agencies to seize and forfeit property that
is used in the production, distribution, or manufacturing of illegal drugs.
One of the persons who was arrested by the APD officers was Zebin Mei, the owner of two
seized homes. Later, the City entered into negotiations with Mr. Mei and ultimately came to an
agreement with him on the disposal of his seized property. The APD returned Mr. Mei’s car
and some of his cash, and Mr. Mei agreed to forfeit his two homes and a portion of the seized
cash.
Pursuant to this agreement, the City now owns two Auburn residential properties. Because the
properties were seized as drug houses, the APD may only use the properties, or the
proceeds of the sale of the properties, for drug interdiction efforts.
The APD wishes to sell the properties on the real estate market through fair market
processes to assure that the City received just value for the property, and to put the proceeds
toward furthering the Department’s controlled substances investigations.
Rev iewed by Council Committees:
Councilmember:Staff:Heid
Meeting Date:April 2, 2018 Item Number:RES.C
Page 88 of 91
Page 89 of 91
RESOLUTION NO. 5 3 6 0
A RE$OLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DECLARING TWO CERTAIN
PARCELS OF REAL PROPERTY AS SURPLUS AND
AUTHORIZING THE MAYOR TO NEGOTIATE AND
EXECUTE PURCHASE AND SALE AGREEMENTS
CONVEYING THE SAID PROPERTIES TO BUYERS
THROUGH A FAIR MARKET PROCESS
WHEREAS, on January 5, 2018, fhe Auburn Police Department (APD) seized,
pursuant to RCW 69.50.505, two parcels of real property, a vehicle, several items of
elecfrical equipment, and ca"sh from Zebin Mei; and
WHEREAS, state law restricts a municipality to using property that police have
seized pursuant to RCW 69.50.505, and the proceeds from the sale of that property, for
the expansion and improvement of controlled substances related law enforcement
activity"; and
WHEREAS, the finro parcels of real property are located at 400 N Sfreet NE and
3350 19 h Street NE, both in Auburn, and both were found to contain illegal marijuana
grow operations therein; and
WHEREAS, the property owner, Zebin Mei, and the APD came to a settlement
arrangemerit that included transfer of titles for the two properties to the City; and
WHEREAS, based on the agreement between the City and property owner, King
County Superior Court ordered ownership title to the two properties to be transferred
from,Zebin Mei to the City; and
WHEREAS, the APD has no law enforcement use for either property and it is in
the public interest to surplus the properties and sell each for its fair market value.
Resolution No. 5360
March 22, 2018
Page 1 of 2 Page 90 of 91
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as foilows:
Section 1. That the properties described below are declared unneeded for law
enforcement purposes, are declared to be surplus, and 4he Mayor is authorized to sell
such properties through appropriate fair market processes:
3350 19th St. NE, Auburn, Washington, parcel #2599200980
LOT 8, BLOCK 7, FOREST VILLA N0.3, ACCORDING TO PLAT RECORDED
IN VOLUME 68 OF PLATS, PAGES 49 AND 50, IN KING COUNTI',
WASHJNGTON. IN KING COUNTY, WASHINGTON.
400 N Street NE, Auburn Washington, Parcel#6090100215.
LOT(S) 9 IN BLOCK 3 OF CARL NILSON FIRST ADDITION, ACCORDING TO
THE PLAT THEREOF RECORDED IN VOLUME 42 OF PLATS, PAGE(S) 7, IN
KING COUNTY, WASHINGTON
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatu es hereon.
Dated and Signed this day of 2018.
CITY OF AUBURN
ATTEST:
NANCY BACKUS, MAYOR
Danielle E, Daskam, City Clerk
APPRO ED AS TO FORM:
aniel B. ` City omey
Resolution No. 5360
March 22, 2018
Page2 of 2 Page 91 of 91