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C� <br />Council Approval 2/18/14 <br />INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT <br />AND THE CITY OF TUKWILA FOR CONSTRUCTION AND <br />ACCREDITATION OF THE DESIMONE LEVEE <br />THIS INTERLOCAL AGREEMENT is entered into pursuant to the Interlocal <br />Cooperation Act, Chapter 39.34 of the Revised Code of Washington between the <br />City of Kent, a Washington Municipal Corporation ( "Kent ") and the City of Tukwila, <br />a Washington Municipal Corporation ( "Tukwila "). <br />RECITALS <br />A. The Federal Emergency Management Agency (FEMA), the agency responsible for <br />the nation's flood insurance program, has determined that the Green River levees <br />do not have the documentation to be accredited to provide 100 -year flood level <br />protection. <br />B. FEMA is responsible for and is reissuing the Flood Insurance Rate Maps for the <br />Green River Valley. The preliminary map encompasses the cities of Kent and <br />Tukwila and shows a large segment of Kent and Tukwila to be within the 100 -year <br />flood -plain and floodway, even though they are behind existing levees. Properties <br />within the 100 -year flood plain typically must acquire costly flood insurance, are <br />subject to increased development standards, and subject to dramatic devaluation. <br />C. These flood insurance requirements act as a disincentive to development and <br />redevelopment in the Green River Valley. <br />D. Kent and Tukwila share a mutual boundary in an area along the Green River <br />that is protected by the " Desimone Levee." A breach in the Desimone Levee <br />section in Tukwila would inundate properties within both Kent and Tukwila. <br />E. Beginning in 2010, Kent prepared the necessary engineering studies to verify, <br />through FEMA's Conditional Letter of Map Revision process, that the levee segments <br />along the Green River are constructed to federal levee safety standards, and <br />identify any repairs needed in order to meet the standards. The study identified 2 <br />weak portions of the levee system located in the city limits of Tukwila, see Exhibit <br />E. <br />F. Both parties desire to have the necessary repairs made to have the levee meet <br />federal levee safety standards. <br />G. Kent, along with King County, was instrumental in obtaining a $7,000,000 state <br />grant which was awarded to the King County Flood Control Zone District (KCFCD) <br />for Briscoe - Desimone Levee improvements, see Exhibit A. <br />H. The KCFCD passed Resolution FCD2013 -02.2 on February 26, 2013, providing <br />for use of the state grant, providing additional KCFCD funding for the Briscoe - <br />Desimone Levee project, supporting the use of setback levees that are retained by <br />Interlocal with Tukwila - Desimone Levee Page 1 of 6 02/10/14 <br />