HomeMy WebLinkAboutReg 2009-09-8 COMPLETE AGENDA PACKET2. SPECIAL
PRESENTATIONS
3. PROCLAMATIONS/
APPOINTMENTS
4. CITIZEN
COMMENT
5. CONSENT AGENDA
6. UNFINISHED
BUSINESS
7. NEW BUSINESS
8. REPORTS
9. MISCELLANEOUS
10. EXECUTIVE
SESSION
11. ADJOURNMENT
Tukwila City Council Agenda
REGULAR MEETING
Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder
Rhonda Berry, City Administrator Dennis Robertson Verna Griffin
Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn
Tuesday, September 8, 2009; 7:00 PM Ord #2247 Res #1689
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
a. Promotion of Eric Dreyer to Police Commander; David Haynes, Police Chief
b. Fire Department Awards; Nick Ol i vas, Fire Chief.
A proclamation designating the week of September 7, 2009 as Pg.1
National Payroll Week.
At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per citizen). To comment on
an item listed on this agenda, please save your comments until the issue is presented
for discussion.
a. Approval of Minutes: 8/17/09 (Regular); 8/24/09 (Special)
b. Approval of Vouchers.
An ordinance authorizing the execution of an amended and restated Interlocal Pg.3
Agreement relating to the South Correctional Entity Facility (SCORE).
a. Award a contract to Reed Trucking and Excavating, Inc. for the Gilliam Creek Pg.25
Basin Stormwater Overflow project in the amount of $360,530.00.
b. An ordinance relating to diversion facilities and diversion interim service Pg.35
facilities for the treatment of mentally ill and chemically- dependent adults in
crisis, adopting a six -month moratorium on establishing such uses and on the
acceptance and /or processing of applications related thereto and declaring an
emergency.
c. A resolution declaring a local emergency due to flood control capabilities of Pg.41
the Howard Hanson Dam.
a. Mayor c. Staff
b. City Council d. City Attorney
e. Intergovernmental
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance
notice to the City Clerk's Office 206- 433 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us. and
in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
Office of the Mayor
City of Tukwila, Washington
PROCLAMATION
WHEREAS, the American Payroll Association and its 23,000 members have
launched a nationwide public awareness campaign that pays tribute to the more
than 156 million people who work in the United States and the payroll
professionals who support the American system by paying wages, reporting
worker earnings and withholding federal employment taxes; and
WHEREAS, payroll professionals in Tukwila, Washington play a key role in
maintaining the economic health of Tukwila, carrying out such diverse tasks as
paying into the unemployment insurance system, providing information for child
support enforcement, and carrying out tax withholding, reporting and depositing;
and
WHEREAS, payroll departments collectively spend more than $15 billion
annually complying with myriad federal and state wage and tax laws; and
WHEREAS, payroll professionals play an increasingly important role
ensuring the economic security of American families by helping to identify non-
custodial parents and making sure they comply with their child support
mandates; and
WHEREAS, payroll professionals have become increasingly proactive in
educating both the business community and the public at large about the payroll
tax withholding systems; and
WHEREAS, payroll professionals meet regularly with federal and state tax
officials to discuss both improving compliance with government procedures and
how compliance can be achieved at less cost to both government and businesses;
and
WHEREAS, the week of September 7 -11, 2009 has been proclaimed National
Payroll Week;
NOW, THEREFORE, I Mayor Jim Haggerton, do hereby call upon all
citizens of Tukwila to join the American Payroll Association in support of:
National Pyroll Week
Signed this I3 r hj day of \J 74L 7' 2009.
Haggert j�l yor of Tukwila
Fund Source:
Comments:
MTG. DATE
8/24/09
9/8/09
Meeting Date
08/24/09
09/08/09
COUNCIL AGENDA SYNOPSIS
Prepared by
SH
SH
Initials ITEM NO.
Mayor's review
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: 8/18/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
CoMMI1 rEI:. Unanimous Approval; Forward to C.O.W.
Council review
ITEM INFORMATION
ORIGINAL AGENDA DATE: AUGUST 24, 2009
CAS NU NIB] )g 1 1 q
I1'I?M TITLE An ordinance amending and revising the SCORE Interlocal agreement, originally
adopted January 20, 2009 pursuant to Ordinance No. 2223.
C.\"i'I?CORY Discussion n Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 08/24/09 Mtg Date Mtg Date Mtg Date 09/08/09 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD .Finance Fire Legal P&R Police 1W
SPONSOR'S The ordinance would amend and revise the original SCORE Interlocal agreement to change
SI',MMM.\RY the nature of participation in SCORE by the City of Des Moines. The rights and obligations
under the original Interlocal agreement would not change as a result of the changes
contained within the amended agreement.
The Council is being asked to approve the ordinance amending the Interlocal agreement.
COST IMPACT FUND SOURCE
EXPI?NDI "I'IJRI, RI?QUIRC?D AMOUNT BUDGETED
MTG. DATE RECORD OF COUNCIL ACTION
8/24/09 1Forward to Next Regular Meeting
ATTACHMENTS
Informational Memorandum dated 8/14/09
Ordinance in Draft Form
Amended and Restated SCORE Interlocal Agreement
Minutes from Finance and Safety Committee meeting of 8/18/09
Ordinance in Final Form
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2223, RELATING TO
THE INTERLOCAL AGREEMENT FOR THE SOUTH CORRECTIONAL
ENTITY FACILITY, TO MODIFY DEBT SERVICE SHARES AND HOST
CITY DESIGNATION; APPROVING ITS EXECUTION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila, Washington (the "City is authorized by Chapter
70.48 RCW to contract for, establish and maintain correctional facilities in furtherance of
public safety and welfare; and
WHEREAS, pursuant to Ordinance No. 2223, adopted by the City on January 20,
2009, and Chapter 39.34 RCW, the Interlocal Cooperation Act, the City entered into a
SCORE Interlocal Agreement with Auburn, Federal Way, Burien, Des Moines, Renton
and SeaTac, Washington (the "Member Cities dated February 25, 2009 (the "Original
Interlocal Agreement to form a governmental administrative agency known as the
South Correctional Entity "SCORE and
WHEREAS, the purpose of SCORE is to establish and maintain a consolidated
correctional facility to be located in Des Moines (the "SCORE Facility to serve the
Member Cities and federal and state agencies and other local governments that may
contract with SCORE in the future to provide correctional services essential to the
preservation of the public health, safety and welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will
provide improved correctional facilities within the boundaries of the consolidated
service areas at a lower total cost to the participating Member Cities than currently
available alternatives or than the participating Member Cities could individually
provide; and
WHEREAS, financing for the acquisition, construction, equipping, and
improvement of the SCORE Facility will be provided by bonds issued by the South
Correctional Entity Facility Public Development Authority (the "Authority a public
development authority, chartered by Renton, pursuant to RCW 35.21.730 through
35.21.755; and
WHEREAS, the Member Cities now desire to amend the Original Interlocal
Agreement pursuant to the terms of an Amended and Restated SCORE Interlocal
Agreement (the "SCORE Formation Interlocal Agreement" or "Interlocal Agreement
to increase the proportional share of debt service due from Renton, Auburn, and
Federal Way on bonds issued by the Authority and to designate Des Moines as the
"host city," as further provided therein;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. SCORE Interlocal Agreement Amended. The South Correctional Entity
"SCORE Interlocal Agreement is hereby amended to read as shown in Exhibit A,
incorporated by this reference as if fully set forth herein.
W:\ Word Processing \Ordinances \SCORE.doc
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Page 1 of 2
Section 2. City Approval. The City Council hereby approves the amended SCORE
Interlocal Agreement with Renton, Auburn, Federal Way, Des Moines, Burien, and
SeaTac, Washington, and authorizes and directs the Mayor to execute the Agreement,
substantially in the form attached hereto with only those modifications as shall have
been approved by him. The Mayor and other appropriate officers of the City are
authorized and directed to take any and all such additional actions as may be necessary
or desirable to accomplish the terms therein. The SCORE Formation Interlocal
Agreement may be further amended from time to time as provided therein.
Section 3. Approval Contingency. If the amended SCORE Interlocal Agreement
has not been executed by all parties thereto by October 1, 2009, the authority granted by
this ordinance shall expire unless this ordinance shall have been amended to provide
for a later expiration date.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W:\ Word Processing \Ordinances \SCORE.doc
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Exhibit A Amended SCORE Interlocal Agreement
Page 2 of 2
Exhibit A
AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT
among
CITY OF AUBURN,
CITY OF DES MOINES,
CITY OF FEDERAL WAY,
CITY OF RENTON,
CITY OF TUKWILA,
CITY OF BURIEN,
AND
CITY OF SEATAC, WASHINGTON
Dated as of 2009
TABLE OF CONTENTS
Page
Section 1. Definitions 2
Section 2. SCORE Facility; Authority 3
Section 3. Duration of Agreement 5
Section 4. Withdrawal and Termination 5
Section 5. Administrative Board 6
Section 6. Operations Board 8
Section 7. Facility Director 8
Section 8. Personnel Policy 9
Section 9. Budget, Policies and Operations 9
Section 10. Contracts and Support Services 9
Section 11. Policy and System Evaluation 10
Section 12. Additional Services Authorized 10
Section 13. Inventory and Property 10
Section 14. Local Control 11
Section 15. SCORE Facility Financing and Construction; SCORE Facility Public
Development Authority 11
Section 16. Preliminary Costs of the SCORE Facility; Bellevue Property 13
Section 17. Compliance with Continuing Disclosure Requirements 14
Section 18. Filing of Agreement 14
Section 19. Severability 14
Section 20. Execution and Amendment 14
Section 21. Third Party Beneficiaries 15
Section 22. Hold Harmless 15
Section 23. Counterparts 15
-i-
Pi 9O35s flrl9(13ss OKs OR/13I09
AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT
THIS AMENDED AND RESTATED SCORE INTERLOCAL AGREEMENT
"amends and restates the SCORE Interlocal Agreement, dated as of February 25, 2009
(the "Original Interlocal Agreement" and as amended and restated hereby, the "SCORE
Formation Interlocal Agreement and is entered into this, 2009 among
the Cities of Auburn, Des Moines, Federal Way, Renton, Tukwila, Burien and SeaTac,
Washington (the "Member Cities all of which are municipal corporations under the laws and
statutes of the State of Washington:
RECITALS:
WHEREAS, the Member Cities are authorized by chapter 70.48 RCW to contract for,
establish and maintain correctional facilities in furtherance of public safety and welfare; and
WHEREAS, the Member Cities currently contract with other local governments within
the State of Washington for correctional services at a great expense to the City; and
WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes
municipalities in Washington to enter into agreements for the joint undertaking of certain
projects as provided therein; and
WHEREAS, the Member Cities entered into a SCORE Interlocal Agreement, effective
February 25, 2009 (the "Original Interlocal Agreement to form a governmental administrative
agency pursuant to RCW 39.34.030(3) known as the South Correctional Entity "SCORE to
establish and maintain a consolidated correctional facility to be located in the City of Des
Moines (the "SCORE Facility to serve the Member Cities and federal and state agencies and
other local governments that may contract with SCORE in the future to provide correctional
services essential to the preservation of the public health, safety and welfare; and
WHEREAS, the Member Cities have determined that the SCORE Facility will provide
improved correctional facilities within the boundaries of the consolidated service areas at a lower
total cost to the participating Member Cities than currently available alternatives or than the
participating Member Cities could individually provide; and
WHEREAS, financing for the acquisition, construction, equipping, and improvement of
the SCORE Facility will be provided by bonds issued by the South Correctional Entity Facility
Public Development Authority (the "SCORE Facility Public Development Authority a public
development authority chartered by the City of Renton pursuant to RCW 35.21.730 through
35.21.755 and secured by the full faith and credit of the Cities of Renton, Auburn, Federal Way,
SeaTac, Tukwila, and Burien (the "Owner Cities and
WHEREAS, the "Member Cities now desire to amend the Original Interlocal Agreement
to allocate the proportion of debt service on bonds issued by the SCORE Facility Public
Development Authority to each of the Owner Cities and to designate the City of Des Moines as
the host city; and
WHEREAS, the establishment and maintenance of the SCORE Facility will be of
substantial benefit to the Member Cities and the public in general;
NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as
follows:
Section 1. Definitions.
Capitalized terms used in this SCORE Formation Interlocal Agreement shall have the
following meanings:
"Administrative Board" means the governing board of SCORE created pursuant to
Section 5 of this SCORE Formation Interlocal Agreement.
"Bonds" mean, collectively, bonds, notes or other evidences of borrowing issued by the
SCORE Facility Public Development Authority to provide interim and permanent financing for
the SCORE Facility and thereafter, to finance or refinance equipment, completion, expansion
and other capital improvements essential to maintain the SCORE Facility's functionality.
"Budget" means the budget prepared by the Facility Director in consultation with the
Operations Board, and submitted to the Administration Board for its approval in accordance with
Section 5 and Section 9 of this SCORE Formation Interlocal Agreement, which budget shall set
forth (a) an estimate of the costs of capital improvements required to be made to the SCORE
Facility within the applicable year, (b) on a line item basis, all anticipated revenues and expenses
for the operation and maintenance of the SCORE Facility for the applicable year, and (c) any
information required by policies adopted by the Administrative Board pursuant to Section 9(b) of
this SCORE Formation Interlocal Agreement.
"Capital Contribution" means, for each Owner City, that Owner City's Owner Percentage
multiplied by the principal of and interest on Bonds as the same shall become due and payable.
"Costs of Maintenance and Operation" means all reasonable expenses incurred by
SCORE in causing the SCORE Facility to be operated and maintained in good repair, working
order and condition, and all costs of administering SCORE.
"Designated Representative" means the Mayor or the City Manager, as selected by
each Member City, or his or her designee.
"Facility Director" means the director of the SCORE Facility selected by the
Administrative Board pursuant to Section 7 of this SCORE Formation Interlocal Agreement.
"Host City" means the City of Des Moines, Washington.
"Member Cities" mean, the Owner Cities and the Host City.
"Operations Board" means the board formed pursuant to Section 6 of this SCORE
Formation Interlocal Agreement.
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"Owner Cities" mean the Cities of Auburn, Renton, Federal Way, Tukwila, Burien and
SeaTac, Washington.
"Owner Percentage" means the percentage assigned to each Owner City, as follows:
(a) Auburn thirty-one (31
(b) Federal Way eighteen (18
(c) Renton thirty -six (36
(d) Tukwila eight (8
(e) Burien four (4
(f) SeaTac three (3
"Presiding Officer" means the member of the Administrative Board selected pursuant to
Section 5 of this SCORE Formation Interlocal_Agreement.
"SCORE" means the governmental administrative agency established pursuant to RCW
39.34.030(3) by the Member Cities.
"SCORE Facility" means the consolidated correctional facility acquired, constructed,
improved, equipped, maintained and operated by SCORE.
"SCORE Facility Public Development Authority" means the South Correctional
Entity Facility Public Development Authority chartered by the City of Renton, Washington.
"SCORE Formation Interlocal Agreement" means this Amended and Restated SCORE
Interlocal Agreement among the Member Cities, as amended from time to time.
"Subscribing Agencies" mean the federal and state agencies, municipal corporations,
and other local governments, other than the Member Cities, that contract with SCORE for
correctional services at the SCORE Facility pursuant to the terms of this SCORE Formation
Interlocal Agreement.
Section 2. SCORE Facility; Authority.
(a) Administrative Aaencv. There is hereby established a governmental
administrative agency pursuant to RCW 39.34.030(3) to be known as the South Correctional
Entity "SCORE SCORE shall initially consist of the Member Cities.
(b) Powers of SCORE. SCORE shall have the power to acquire, construct, own,
operate, maintain, equip, and improve a correctional facility known as the "SCORE Facility" and
to provide correctional services and functions incidental thereto, for the purpose of detaining
arrestees and sentenced offenders in the furtherance of public safety and emergencies within the
jurisdiction of the Member Cities. The SCORE Facility may serve the Member Cities and
Subscribing Agencies which are in need of correctional facilities. Any agreement with a
Subscribing Agency shall be in writing and approved by SCORE as provided herein.
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(c) Administrative Board. The affairs of SCORE shall be governed by the
Administrative Board formed pursuant to Section 5 of this SCORE Formation Interlocal
Agreement. The Administrative Board shall have the authority to:
1. Recommend action to the legislative bodies of the Member Cities;
2. Approve the Budget, adopt financial policies and approve expenditures;
3. Establish policies for investing funds and incurring expenditures of
Budget items for the SCORE Facility;
4. Review and adopt a personnel policy for the SCORE Facility;
5. Establish a fund, or special funds, as authorized by chapter 39.34 RCW for
the operation of the SCORE Facility;
6. Conduct regular meetings as may be designated by the Administrative
Board;
7. Determine what services shall be offered at the SCORE Facility pursuant
to the powers of SCORE and under what terms they shall be offered;
8. Enter into agreements with third parties for goods and services necessary
to fully implement the purposes of this SCORE Formation Interlocal
Agreement;
9. Establish rates for services provided to members, subscribers or
participating agencies;
10. Direct and supervise the activities of the Operations Board and the Facility
Director;
11. Enter into an agreement with a public corporation or otherwise to incur
debt;
12. Make purchases or contract for services necessary to fully implement the
purposes of this SCORE Formation Interlocal Agreement;
13. Enter into agreements with and receive and distribute funds from any
federal, state or local agencies;
14. Receive and account for all funds allocated to the SCORE Facility from its
members;
15. Purchase, take, receive, lease, take by gift, or otherwise acquire, own,
hold, improve, use and otherwise deal in and with real or personal
property, or any interest therein, in the name of the SCORE Facility;
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16. Sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise
dispose of property and assets;
17. Sue and be sued, complain and defend, in all courts of competent
jurisdiction in its name;
18. Make and alter bylaws for the administration and regulation of its affairs;
19. Enter into contracts with Subscribing Agencies to provide correctional
services;
20. Employ employees as necessary to accomplish the terms of this SCORE
Formation Interlocal Agreement;
21. Establish policies and procedures for adding new cities as parties to this
SCORE Formation Interlocal Agreement; and
22. Engage in any and all other acts necessary to further the goals of this
SCORE Formation Interlocal Agreement.
Section 3. Duration of Agreement.
The initial duration of this SCORE Formation Interlocal Agreement shall be for a period
of ten (10) years from its effective date and, thereafter, shall automatically extend for additional
five (5) year periods unless terminated as provided in this SCORE Formation Interlocal
Agreement. Notwithstanding the foregoing, this SCORE Formation Interlocal Agreement shall
not terminate until all Bonds issued by the SCORE Facility Public Development Authority as
provide in Section 15 of this SCORE Formation Interlocal Agreement are no longer outstanding.
Section 4. Withdrawal and Termination.
(a) Subject to Section 4(g) below, any Member City may withdraw its membership
and terminate its participation in this SCORE Formation Interlocal Agreement by providing
written notice and serving that notice on the other Member Cities on or before December 31 in
any one -year. After providing appropriate notice as provided in this Section, that Member City's
membership withdrawal shall become effective on the last day of the year following delivery and
service of appropriate notice to all other Member Cities.
(b) Subject to Section 3 above, four (4) or more Member Cities may, at any one time,
by written notice provided to all Member Cities, call for a termination of SCORE and this
SCORE Formation Interlocal Agreement. Upon an affirmative supermajority vote (majority plus
one) by the Administrative Board, SCORE shall be directed to terminate business, and a date
will be set for final termination, which shall be at least one (1) year from the date of the vote to
terminate this SCORE Formation Interlocal Agreement. Upon the final termination date, this
SCORE Formation Interlocal Agreement shall be fully terminated.
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(c) Subject to Section 4(g) below, in the event any Owner City or the Host City fails
to budget for or provide its applicable annual funding requirements for SCORE as provided in
Section 15 hereof, the remaining Member Cities may, by majority vote, immediately declare the
underfunding City to be terminated from this SCORE Formation Interlocal Agreement and to
have forfeited all its rights under this SCORE Formation Interlocal Agreement as provided in
Section 4(e). The remaining Member Cities may, at their option, withdraw SCORE's
correctional services from that City, or alternatively, enter into a Subscribing Agency agreement
with that City under terms and conditions as the remaining Member Cities deem appropriate.
(d) Time is of the essence in giving any termination notice.
(e) If an individual Owner City withdraws its membership in SCORE, the
withdrawing City will forfeit any and all rights it may have to SCORE's real or personal
property, or any other ownership in SCORE, unless otherwise provided by the Administrative
Board.
(f) Upon termination of this SCORE Formation Interlocal Agreement, all property
acquired during the life of this SCORE Formation Interlocal Agreement shall be disposed of in
the following manner
1. All real and personal property acquired pursuant to this SCORE Formation
Interlocal Agreement shall be distributed to the Owner Cities based on the Owner
Percentages; and
2. All unexpected funds or reserve funds shall be distributed based on the
percentage of average daily population at the SCORE Facility for the last three (3)
years prior to the termination date of those Member Cities still existing on the day
prior to the termination date.
(g) Notwithstanding any of the other rights, duties or obligations of any Member City
under this Section 4, the withdrawal of any Owner City from this SCORE Formation Interlocal
Agreement shall not discharge or relieve the Owner City that has withdrawn pursuant to Section
4(a) or been terminated pursuant to Section 4(c) of its obligation to pay debt service on Bonds
issued by the SCORE Facility Public Development Authority. An Owner City may be relieved
of its obligation under this SCORE Formation Interlocal Agreement to make payments with
respect to its Capital Contribution if the Administrative Board, by supermajority vote (majority
plus one), authorizes such relief based on a finding that such payments are not required to pay
debt service on Bonds issued by the SCORE Facility Public Development Authority.
Section 5. Administrative Board.
(a) Formation. An Administrative Board composed of the Designated Representative
from each Member City shall govern the affairs of SCORE.
(b) Allocation of Votes. Each Board member shall have an equal vote and voice in
all Board decisions.
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(c) Voting Reauirements. Votes regarding (1) debt; (2) approval of the Budget; (3)
employment of the Facilities Director; (4) cost allocations made prior to the issuance of Bonds
pursuant to Section 16 of this SCORE Formation Interlocal Agreement; and (5) approval of labor
contracts, shall require an affirmative vote of a supermajority (majority plus one) of the Member
Cities, two (2) of which shall have the highest and the second highest average daily population in
the SCORE Facility for the 12 -month period ending June 30 of the preceding year. Votes
regarding (1) the conveyance of real property; (2) the addition of additional services pursuant to
Section 11 of this SCORE Formation Interlocal Agreement not directly incidental to correctional
services (such as providing court services); and (3) matters addressed in Sections 4(b) and (g) of
this SCORE Formation Interlocal Agreement, shall require an affirmative vote of a
supermajority (majority plus one) of the Member Cities.
(d) Parliamentary Authority. Unless otherwise provided, Robert's Revised Rules of
Order (newly revised) shall govern all procedural matters relating to the business of the
Administrative Board.
(e) Officers of the Administrative Board. Members of the Administrative Board shall
select a Presiding Officer from its members, together with such other officers as a majority of the
Administrative Board may determine. Subject to the control of the Administrative Board, the
Presiding Officer shall have general supervision, direction and control of the business and affairs
of SCORE. On matters decided by the Administrative Board, the signature of the Presiding
Officer alone is sufficient to bind SCORE.
(f) Meetings of the Administrative Board. There shall be a minimum of two (2)
meetings each year, and not less than fifteen (15) days notice shall be given to all members prior
to any such meeting. Unless otherwise designated by the Presiding Officer, the first meeting
shall be held on the second Tuesday of February of each year to review the prior year's service.
The second meeting shall be on the second Tuesday of September of each year to consider and
adopt a Budget for the following fiscal year. Other meetings may be held upon request of the
Presiding Officer or any two members. All meetings shall be open to the public to the extent
required by chapter 42.30 RCW.
Five (5) members of the Administrative Board must be present at any meeting of the
Administrative Board to comprise a quorum, and for the Administrative Board to transact any
business. Proxy voting shall not be allowed. Members of the Administrative Board may
participate in a meeting through the use of any means of communication by which all members
and members of the public participating in such meeting can hear each other during the meeting.
Any members of the Administrative Board participating in a meeting by such means is deemed
to be present in person at the meeting for all purposes including, but not limited to, establishing a
quorum.
(g) Bylaws. The Administrative Board shall be authorized to establish bylaws that
govern procedures of that Board and the SCORE Facility's general operations.
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(h) Administrative Board Review. A general or particular authorization or review
and concurrence of the Administrative Board by majority vote shall be necessary for all capital
expenditures or contracts in excess of $50,000.
Section 6. Operations Board.
(a) Formation. There is further established an Operations Board which shall consist
of up to nine (9) members selected as provided in this paragraph. One (1) member shall be
designated by each of the Member Cities, and up to two (2) at -large members shall be selected,
by majority vote, by the Subscribing Agencies to represent the police departments of the
Subscribing Agencies. At the time set for election of the at -large members, only the
representatives of the Subscribing Agencies, then in attendance, will participate in the election.
The Member Cities' Operations Board representatives shall not participate in the at -large
member elections. The at -large members shall serve one -year terms, unless otherwise
determined by majority vote of the Operations Board. The purpose and duties of the Operations
Board shall be established by the Administrative Board.
(b) Voting and Meetings of the Operations Board. Each member of the Operations
Board shall have an equal vote in all Operations Board decisions. The Operations Board shall be
authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's
Revised Rules of Order shall govern all procedural matters relating to the business of the
Operations Board. The Operations Board shall elect a presiding officer from its members and
shall likewise determine the time and place of its meetings; at least one (1) regular meeting shall
be held each month at a time and place designated by the presiding officer or a majority of its
members. Special meetings may be called by the presiding officer or any two (2) members upon
giving all other members not less than 24 hours prior written notice (electronic or facsimile
notice acceptable). In an emergency, the Operations Board may dispense with written notice
requirements for special meetings, but must, in good faith, implement best efforts to provide fair
and reasonable notice to all of the members of the Operations Board. All meetings shall be open
to the public to the extent required by chapter 42.30 RCW.
A majority of the members of the Operations Board must be present at any meeting of the
Operations Board to comprise a quorum, and for the Operations Board to transact any business.
Proxy voting shall not be allowed. Members of the Operations Board may participate in a
meeting through the use of any means of communication by which all members and members of
the public participating in such meeting can hear each other during the meeting. Any members
of the Operations Board participating in a meeting by such means is deemed to be present in
person at the meeting for all purposes including, but not limited to, establishing a quorum.
Section 7. Facility Director.
Not later than one hundred eighty (180) days prior to the completion of the SCORE
Facility, the Operations Board shall recommend to the Administrative Board a person to act as
the Facility Director. The Administrative Board may accept or reject the Operations Board
recommendation. Such Facility Director shall be responsible to the Administrative Board, shall
develop the Budget in consultation with the Operations Board and other appropriate means in
8
08/13/09
order to fully implement the purposes of this SCORE Formation Interlocal Agreement. The
Facility Director shall administer the program in its day -to -day operations consistent with the
policies adopted by the Administrative Board. Such Facility Director shall have experience in
technical, financial and administrative fields, and such appointment shall be on the basis of merit
only.
Section 8. Personnel Policy.
(a) The Operations Board shall submit to the Administrative Board within one
hundred eighty (180) days prior to the completion of the SCORE Facility, a proposed personnel
policy for the SCORE Facility for its approval, rejection or modification. All of such
modifications or revisions shall be subject to the final approval of the Administrative Board.
(b) Such personnel policy shall provide for the initial appointment to the SCORE
Facility's staff from the personnel presently, peimanently appointed or assigned as corrections
officers in the Member Cities. Additional employees shall be appointed by the Facility Director
upon meeting the qualifications established by the Operations Board and adopted by the
Administrative Board. None of such employees shall be commissioned members of any
emergency service, but may be eligible for membership under the Public Employees Retirement
Systems (PERS), or Public Safety Employees Retirement System (PSERS), as provided by law.
Section 9. Budget, Policies and Operations.
(a) The Facility Director shall distribute a proposed Budget to the Operations Board
on or before August 1 of each year, which Budget shall then be provided to the Administrative
Board no later than September 1 of such year. Thereafter, the Member Cities shall be advised of
the programs and objectives as contained in said proposed Budget, and of the required financial
participation for the ensuing year.
(b) The Administrative Board shall develop financial policies for SCORE as part of
the budgetary process. Such policies may include, but are not limited to, (1) items to be provided
for in the Budget, (2) a minimum contribution amount for each Member City to pay for Costs of
Maintenance and Operation, (3) the process for allocating unexpended amounts paid by the
Member Cities for Costs of Maintenance and Operation and assessing the Member Cities in the
event of cost overruns, (4) establishing and maintaining reserve accounts, if any, and (5) the
process for adding a new party to this SCORE Formation InterlocalAgreement.
(c) The allocation of prorated financial participation among the Member Cities shall
be calculated as provided in Section 15 hereof. Each Member City shall be unconditionally
obligated to provide its allocable share of costs as provided in this SCORE Formation Interlocal
Agreement.
Section 10. Contracts and Support Services.
(a) The Administrative Board (or the Operations Board or the Facility Director, if so
designated by the Administrative Board) shall, as necessary, contract with local governments for
9
08/13/09
the use of space for its operations, auxiliary services including but not limited to records, payroll,
accounting, purchasing, and data processing, and for staff prior to the selection of a Facility
Director for the SCORE Facility.
(b) The Member Cities hereby agree to furnish legal assistance, from time to time, as
approved by the Administrative Board. The Administrative Board may contract with the City
Attorney of a Member City, other local government, or independent legal counsel as necessary.
Section 11. Policy and System Evaluation.
The Facility Director shall actively and continually consider and evaluate all means and
opportunities toward the enhancement of operations effectiveness for correctional services so as
to provide maximum and ultimate benefits to the members of the general public. The Facility
Director shall present his or her recommendations to the Operations Board from time to time.
Any substantive change or deviation from established policy shall be subject to the prior
approval of the Administrative Board.
Section 12. Additional Services Authorized.
The Administrative Board shall evaluate and determine the propriety of including
additional correctional services for local governments, whenever so required, and shall determine
the means of providing such services, together with its costs and effects. These additional
services may include, but shall not be limited to the following: alternatives to incarceration,
inmate transportation systems, and consolidated court services.
Section 13. Inventory and Property.
(a) Equipment and furnishings for the operation of the SCORE Facility shall be
acquired by SCORE as provided by law. If any Member City furnishes equipment or furnishings
for SCORE' s use, title to the same shall remain with the respective local entity unless that
equipment is acquired by SCORE.
(b) The Facility Director shall, at the time of preparing the proposed Budget for the
ensuing year, submit to the Operations Board a complete inventory together with current
valuations of all equipment and furnishings owned by, leased or temporarily assigned to SCORE.
In case of dissolution of SCORE, such assigned or loaned items shall be returned to the lending
governmental entity and all other items, including real property, or funds derived from the sale
thereof, shall be distributed in accordance with Section 4(f) above.
(c) Title to real property purchased or otherwise acquired shall be held in the name of
SCORE; provided however, that for valuable consideration received, SCORE may convey
ownership of any real property as may be approved by supermajority vote (majority plus one) of
the Administrative Board.
10
08/13/09
Section 14. Local Control.
Each Member City and Subscribing Agency shall retain the responsibility and authority
for the operation of its police departments, and for such equipment and services as are required at
its place of operation to utilize the SCORE Facility.
Section 15. SCORE Facility Financing and Construction: SCORE Facility Public
Development Authority.
(a) SCORE Facility. In order to provide necessary services for the Member Cities
and the Subscribing Agencies, SCORE shall acquire, construct, improve, equip, maintain and
operate the SCORE Facility. The SCORE Facility is expected to be located in the City of Des
Moines, Washington.
(b) Contracts for the SCORE Facility. The Administrative Board shall authorize, and
the Presiding Officer of the Administrative Board, or his or her approved designee, will execute
contracts for the development of the SCORE Facility. These contracts shall include, without
limitation, contracts for architectural design and engineering, project management services; real
estate acquisition, and construction.
(c) SCORE Facility Public Development Authority. In order to finance costs of
acquiring, constructing, improving and equipping the SCORE Facility, the City of Renton has
chartered the SCORE Facility Public Development Authority. The purpose of the SCORE
Facility Public Development Authority is to issue Bonds to finance and refinance the acquisition,
construction, improvement and equipping of the SCORE Facility. The Administrative Board
shall serve ex officio as the Board of Directors of the SCORE Facility Public Development
Authority as further provided in the Authority's organizational charter. Upon issuance of Bonds
by the SCORE Facility Public Development Authority, Bond proceeds shall be deposited on
behalf of SCORE and used for the purposes set forth herein. SCORE shall be obligated to make
payments to the SCORE Facility Public Development Authority at the time and in the amounts
required to pay principal of and interest on the Bonds and any administrative costs of the SCORE
Facility Public Development Authority.
(d) SCORE Facility Financing.
(1) Capital Contributions. Each Owner City shall be obligated to pay an
amount equal to its Capital Contribution without regard to the payment or lack thereof by
any other Owner City. No Owner City shall be obligated to pay the Capital Contribution
of any other Owner City, and each Owner City shall be obligated to budget for and pay
its Capital Contribution. The obligation of each Owner City to pay its Capital
Contribution shall be an irrevocable full faith and credit obligation of such Owner City,
payable from property taxes levied within the constitutional and statutory authority
provided without a vote of the electors of the Owner City on all of the taxable property
within the Owner City and other sources of revenues available therefor. Each Owner
City has or will set aside and include in its calculation of outstanding nonvoted general
obligation indebtedness an amount equal to the principal component of its Capital
Contribution for so long as Bonds remain outstanding, unless relieved of such payment in
11
08/13/09
accordance with Section 4(g). Each Owner City's obligation to pay the Capital
Contribution shall not be contingent on the receipt of any revenues from other sources,
including but not limited to Subscribing Agencies or the Host City.
An Owner City may prepay its Capital Contribution in a manner that is consistent
with the authorizing documents for the Bonds; provided, however, that any such
prepayment of one or more Owner Cities shall not affect the Capital Contribution of the
remaining Owner Cities. Any Owner City that elects to prepay its Capital Contribution
shall be responsible for paying all costs associated with such prepayment.
(2) Costs of Maintenance and Operation. Subject to the terms of the financial
policies established by the Administrative Board pursuant to Section 9(b) of this SCORE
Formation Interlocal Agreement, each Member City shall be obligated to pay its allocable
portion of Costs of Maintenance and Operation of the SCORE Facility, including any
debt issued to finance such costs, as determined in this subsection.
(i) Until the end of the first calendar year of operations of the SCORE
Facility (estimated to be December 31, 2012), the allocable portion that each
Member City shall be obligated to pay of Costs of Maintenance and Operation in
such year shall be equal to the Member City's 2007 average daily population in
all correctional facilities (as provided in the SCORE financial policies) multiplied
by the Costs of Maintenance and Operation.
(ii) Commencing with the calendar year following the first calendar
year of operations, the allocable portion that each Member City shall be obligated
to pay of Costs of Maintenance and Operation shall be based on the Member
City's average daily population in the SCORE Facility, as supplemented as
necessary with the average daily population allocable to the Member Cities in all
correctional facilities, for the 12 -month period ending June 30 of the preceding
year.
(iii) Commencing with the third calendar year of operations, the
allocable portion that each Owner City shall be obligated to pay of Costs of
Maintenance and Operation shall be based on the Member City's average daily
population in the SCORE Facility for the 12 -month period ending June 30 of the
preceding year.
(e) Billing and Allocation of Revenues. Each Member City shall be billed for its
Capital Contribution and its portion of Costs of Maintenance and Operation, as applicable, on a
semiannual basis, or more frequently as determined by the Administrative Board, calculated as
provided for in Section 15(d) above. Revenues received in a calendar year from Subscribing
Agencies or from sources other than the contributions described in Section 15(d) above shall be
allocated among the Member Cities as follows: (i) each Member City shall receive a credit
against its obligation to pay Costs of Maintenance and Operation based on that Member City's
proportional average daily population as calculated in Section 15(d)(2) above, and (ii) each
12
08/13/09
Owner City shall receive a credit against its Capital Contribution based on that Owner City's
proportional Owner Percentage.
(f) Host City. Pursuant to RCW 35.21.740, the City of Des Moines, as the Host City,
hereby authorizes the City of Renton to operate the SCORE Facility Public Development
Authority within the corporate limits of the City of Des Moines in a manner consistent with the
terms of this SCORE Formation Interlocal Agreement. The Host City shall enter into a written
agreement with SCORE and any of the Owner Cities, as applicable, to establish a host city fee to
be paid in exchange for the availability of the SCORE Facility.
(g) Tax Exemption. The Member Cities shall not (1) make any use of the proceeds
from the sale of Bonds or any other money or obligations of the SCORE Facility Public
Development Authority or the Member Cities that may be deemed to be proceeds of the Bonds
pursuant to Section 148(a) of the Code that will cause the Bonds to be "arbitrage bonds" within
the meaning of said Section and said regulations, or (2) act or fail to act in a manner that will
cause the Bonds to be considered obligations not described in Section 103(a) of the Code.
(h) Additional Financing. Notwithstanding anything to the contrary in this SCORE
Formation Interlocal Agreement, bonds, notes or other evidences of borrowing may be issued
from time to time by the SCORE Facility Public Development Authority or another issuer
pursuant a separate agreement between one or more Member Cities and other entities to provide
additional financing for the SCORE Facility on terms as agreed upon by the parties thereto.
(i) Special Facility Designation. The SCORE Facility, including all equipment,
furnishings, and fixtures is critical to the ability of the Member Cities and the Subscribing
Agencies to provide necessary and secure correctional services and assure public safety.
Consequently, the SCORE Facility is essential to the preservation of the public health, safety,
and welfare. As a result, the SCORE Facility's equipment, furnishings, and fixtures are special
facilities subject to unique standards. Accordingly, based on the facts presented in this
subsection, it is herby resolved that the established policy of the Member Cities is that the
SCORE Facility constitutes a "special facility" under RCW 39.04.280(1)(b), and all purchases of
any kind or nature for the SCORE Facility shall be exempt from competitive bidding
requirements as prescribed by Washington State statute but shall be governed by the
procurement policy established by the Administrative Board as amended from time to time.
Section 16. Preliminary Costs of the SCORE Facility: Bellevue Property
The Administrative Board shall allocate costs associated with the design, acquisition,
construction, improvement and equipping of the SCORE Facility prior to the issuance of the
Bonds by the SCORE Facility Public Development Authority among the Member Cities by an
affirmative vote of a supermajority (majority plus one) of the of the Member Cities, two (2) of
which shall have the highest and the second highest average daily population in the SCORE
Facility for the 12 -month period ending June 30 of the preceding year. Any costs of the SCORE
Facility paid by a Member City pursuant to this section may be reimbursed out of proceeds of
Bonds to the extent permitted by law.
13
08/13/09
The Member Cities hereby agree that any net proceeds received from the sale of the
property located at 1440 116 Avenue NE, Bellevue, Washington and 1412 116 Avenue NE,
Bellevue, Washington (estimated to be approximately $3,180,000) shall be deposited with
SCORE and used to finance costs associated with the design, acquisition, construction,
improvement and equipping of the SCORE Facility.
Section 17. Compliance with Continuing Disclosure Requirements
To the extent necessary to meet the conditions of paragraph (d)(2) of United States
Securities and Exchange Commission Rule 15c2 -12 (the "Rule as applicable to a participating
underwriter or remarketing agent for Bonds, each Owner City will enter into an undertaking in a
form acceptable at the time to the participating underwriter or remarketing agent, as the case may
be.
Section 18. Filing of Agreement
Upon execution, this SCORE Formation Interlocal Agreement shall be filed as required
in RCW39.34.040.
Section 19. Severabilitv
If any part, paragraph, section or provision of this SCORE Formation Interlocal
Agreement is adjudged to be invalid by any court of competent jurisdiction such adjudication
shall not affect the validity of any remaining section, part or provision of this SCORE Formation
Interlocal Agreement.
Section 20. Execution and Amendment
This SCORE Formation Interlocal Agreement shall be executed on behalf of each
Member City by its Designated Representative, or other authorized officer of the Member City,
and pursuant to an appropriate motion, resolution or ordinance of each Member City. This
SCORE Formation Interlocal Agreement shall be deemed adopted upon the date of execution by
the last so Designated Representative or other authorized officer.
This SCORE Formation Interlocal Agreement may not be effectively amended, changed,
modified or altered, except by an instrument in writing duly executed by the Designated
Representative, or other authorized officer, of each Member City and pursuant to an appropriate
motion, resolution or ordinance of each Member City, so long as such amendment does not
materially adversely affect the owners of the Bonds or affect the tax exempt status of the interest
paid on the Bonds. If the Bonds issued by the SCORE Facility Public Development Authority
are rated by a rating agency, then no amendment that adds or removes an Owner City from this
SCORE Formation Interlocal Agreement or revises Section 15 of this SCORE Formation
Interlocal Agreement shall be permitted unless the SCORE Facility Public Development
Authority has received written confirmation from the rating agency that such amendment will
not result in a reduction or withdrawal of the rating on the Bonds. If the Bonds are not rated by a
rating agency, then no such amendment as described in the preceding sentence will be permitted
14
08/13/09
unless in the opinion of the SCORE Facility Public Development Authority such amendment
will not materially adversely affect the owners of the Bonds.
The SCORE Facility Public Development Authority and the holders from time to time of
the Bonds shall be third party beneficiaries hereof and the commitments made herein shall be for
their further benefit.
The parties to this SCORE Formation Interlocal Agreement shall defend, indemnify and
save one another harmless from any and all claims arising out of the performance of this SCORE
Formation Interlocal Agreement, except to the extent that the harm complained of arises from the
sole negligence of one of the participating members. Any loss or liability resulting from the
negligent acts errors or omissions of the Administrative Board, Operations Board, Facility
Director and or staff, while acting within the scope of their authority under this SCORE
Formation Interlocal Agreement shall be borne by SCORE exclusively.
This SCORE Formation Interlocal Agreement may be executed in any number of
counterparts, each of whom shall be an original, but those counterparts will constitute one and
the same instrument.
IN WITNESS WHEREOF, the parties have executed this SCORE Formation Interlocal
Agreement as of the day and year first written above.
CITY OF AUBURN CITY OF RENTON
By: By:
CITY OF DES MOINES CITY OF TUKWILA
By: By:
CITY OF FEDERAL WAY CITY OF BURIEN
By: By:
CITY OF SEATAC
By:
Section 21. Third Party Beneficiaries
Section 22. Hold Harmless
Section 23. Counterparts
15
08/13/09
CAS NUMBER:
MTG. DATE
09/08/09 1
0 i
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Meeting Date Prepared b n 1 Mayor's,review 1 Council re 'ay
09/08/09 BG ��`1 7 a,
1 -I 1
ITEM INFORMATION
ORIGINAL AGENDA DATE: SEPTEMBER 08, 2009
AGENDA ITEM TITLE Bid Award for Gilliam Creek Basin Stormwater Overflow Project
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 09/08/09 Mtg Date Mtg Date Mtg Date Mtg Date 09/08/09 Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PWI
SPONSOR'S Gilliam Creek Basin Overflow Project will construct a 24" overflow pipe along Strander
SUMMARY Blvd between Andover Park W and Andover Park E. The overflow pipe will allow Gilliam
Creek Basin to drain to the Strander Blvd Pump Station to reduce potential flooding. The
project was advertised for bids on August 5 and 12, 2009 and nine bids were opened on
August 19 with the low bid of $376,825.00 from Reed Trucking Excavating. References
were checked and found to be satisfactory.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA '1 08/25/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMrFI'EE Unanimous Approval; Forward straight to Regular (time constraints)
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$360,530.00 $0.00 $360,530.00
Fund Source: 412.02 SURFACE WATER (PG. 153, 2009 CIP)
Comments: Funding will come from Surface Water's ending fund balance,
RECORD OF COUNCIL ACTION
MTG. DATE ATTACHMENTS
09/08/09 Informational Memorandum dated 08/19/09 (revised after UC)
Bid Tabulation
2009 CIP Sheet Page 153
2009 CIP Attachment F, Surface Water Fund Overview
Minutes from the Utilities Committee meeting of 08/25/09
City of Tukwila
TO: Mayor Haggerton
UTILITIES COMMITTEE
FROM: Public Works Director
DATE: August 19, 2009
INFORMATIONAL MEMORANDUM
SUBJECT: Gilliam Creek Basin Stormwater Overflow
Project No. 03 -DRO9
BID AWARD
ISSUE
Award the bid for construction of the Gilliam Creek Basin Stormwater Overflow.
BACKGROUND
This project is not currently budgeted for construction until 2013 but is proposed for construction
in 2009 in response to the problems at Howard Hanson Dam. Additional flows from the dam
may lead to flooding in Gilliam Creek and affect the Tukwila Urban Center. This project will
construct an 24" overflow pipe along Strander Blvd between the intersections of Andover Park
West and Andover Park East. This overflow pipe will allow the Gilliam Creek Basin to drain to
the Strander Blvd Pump Station to reduce potential flooding associated with high river events.
The project was advertised for bids on August 5 and 12, 2009 and nine bids were received and
opened on August 19, 2009. Reed Trucking Excavating, Inc. is the low bidder with a bid of
$360,530.00. The engineer's estimate was $376,825.00.
ANALYSIS
The bids were reviewed and tabulated. No errors were found. Reed Trucking Excavating
Inc's references were checked and found to be satisfactory.
BUDGET AND BID SUMMARY (All amounts include sales tax.)
Bid Results Estimate *Budget
Construction 360,530.00 376,825.00 0
Contingency (20 72.106.00 75,365.00 0
Total 432.636.00 452.190.00 0
*Funding for this project is not programmed until 2013 and will come from the Surface Water Fund's
ending fund balance.
Jim Haggerton, Mayor
RECOMMENDATION
Due to the urgency of this project, the Council is being asked to award the construction of the
Gilliam Creek Basin Stormwater Overflow project to Reed Trucking Excavating, Inc. in the
amount of $360,530.00 at the September 8, 2009 Regular Meeting.
Attachments: Bid Tabulation
CIP Sheet
W: \PW Eng\PROJECTS\A- DR Projects \03 -DRO9 (Gilliam Creek Basin Stormwater Overflow) \Info Memo Bid Award.doc
Owner: City of Tukwila
Project Clam Crook Biala Mamma, Overflow
Etaneara: PACE Eaalneam. Inc.
ITEM(
REM OR
TASK DESCRIPTION
IROAOWAY
1 111 -inch HMA 112` Reich
!TRAFFIC CONTROL DEVICES
2 'Traffic Control Devices
3 hoop D0IGOr, 5-fool Diameter
4 IPMasao Arrow
5 IPIasOC SIAOO
1 8 !Raised Pavement Markers Tvoe 1. Tvoe 2
!ROADSIDE DEVELOPMENT
7 IProoeav Restoration
!STORM DRAINAGE
0 I ConOaMO1Sunn80d Survevina and 91310,8
9 ITemoorary Water PoludorvErosion Control
10 !Mobilization
11 IR0s4 o9on of Ulililo COnnias
12 IPOlholin9
13 !Traffic Control Labor 1M10. 635110
14 IUniformed Police Officer
15 !Abandon Storm Drain Structure
18 !Trench 1 Excava9on Prolecllon
17 !Storm Drain Pion. 2440c0 Diameter
18 ICatch Basin. Tuve 254 -Inch
19 ICalch Basin. Tyne 2.60 -Inch with canal Dale
20 ICatch Basin. Tyne 2.72 -10111
21 IConnection t0 Drainage Sin1Gure
22 IPluo Evis3no Slam Drain
23 IMOnumenl. Casino and Coyer
Sales Tax included in Unit and Lump Sum prices per Rule 171
Gilliam Creek Bid Tab 519 -09 reosed.tls
ENGINEER'S ESTIMATE II REED TRUCKING
QUANTITY 11 d EXCAVATING
N0. I UNIT UNIT
UNITS PRICE
II
1.160 SY 11 564.00
1 1 LS 0 61.000.00 I 67.000.00 p p p 35.000.00
2 JEA 5400.00 5000.00 5 51.000.03
13 EA II 595.00 I 51235.00 I I 5170.00
100 LF 9 53.00 I 6300.00 1 66.50
20 100 II 5185.00 53.700.00 9 51.00
FA
1 LS 53000.00
1 FA 52,000.00
1 LS 1 635000.00
1 FA 5500000
1 FA 52 300.00
350 Hour 1 535.00
175 How 580.00
1 EA 650000
1 LS 1 515000.00
1030 LF 5150.00
2 EA 54.500.00
2 EA I 510.200.00
1 EA 59000.00
1 EA 1 51.000.00
2 EA 1 5300.00
2 EA 5500.00
I 1
Subtotal
65000.00
UNIT
COST I PRICE
574,24000 1 500.00 1 669600.00 5 502.00
55000.00
53.000.00
62.000.00
53500000
55.000.00
52.300.00
612 25000
514000.00
5500.00
515.000.00
5154.500.00
5900000
520.400.00
59.000.00
51.000,00
560000
51000.00
5500000
53.800.00
52.000.00
530000.00
55.30000
52.300.00
535 00
550.00
52,500.00
55.000.00
5165.00
55.000 00
56,000.00
510000.00
5500.00
525000
5750.00
COST
55,000.00 5 610000.00
52,00000 5740.00
5221000 516500
5650.0D 57.00
520.00 551000
55 000.00 55.000.00
53 800.00
sz 303.03
530.000.00
55 000.00
52 300.00
51225000
60 75000
52,50000
55.000.00
5169.95000
510 000.00
512000.00
510.000.00
6500.00
550000
51.50000
ARCHER CONSTRUCTION II SCI INFRASTRUCTURE LLC II RODARTE CONSTRUCTION ROAD CONSTRUCTION NW
UNIT
PRICE I COST
52.200.00
52.00000
538,00000
55.000,00
52,300.00
945.00
512500
52.000,00
53 500.00
6120.00
65.100 00
59.42000
510,750.00
52.15000
561000
5930.00
595.12000
510.000 00
51480.00
52,145,00
$100.00
510200.00
55.000.00
52,200.00
5200000
538.000.00
55.000.00
52.30000
515750.00
521,07500
92,000.00
53.500.00
5123,60000
511,400.00
510.840.00
510.750.00
52,150,00
51.340.00
51,06000
BID TABULATION
UNIT
PRICE COST
571.50 582940.00 1 575.00 607.00000 559.25 1 567,57000 II 56200
82.000.00
6725.00
5115.00
516.00
5215.00
55.00000
6 ?00000
52,000.00
515000.00
55.00000
52,300.00
942.50
555.00
51500.00
64,20000
5200.00
52 800.00
57,000.00
511.500.00
52000.00
5750.00
580000
52000.00
51,45000
51,455.00
61.600.00
54300.00
55.00000
52,000 00
52000.00
515 000 00
55000.00
52.300.00
514,87500
062500
51,500.00
54,200.00
5205000,00
55.600.00
514,00000
511500.00
52 000.00
51.500.00
51600.00
UNIT I 1 UNR
PRIGS COST u PRICE I COST
59000,00 1 59,000.00
5000.00 51,60000
5200.00 52 600.00
517.00 61,700.00
51000 5200.00
55000.00
55,000.00
5700000
515000.00
5500000
5230000
S42.00
575.00
5200000
5100.00
5250.00
55,00000
59000.00
512 000.00
56,00000
520930
5500.00
55000.00
55.00000
63,000.00
$40,000.00
55.000.00
52 300.00
514.700 00
513125.00
5200000
5100.00
5257,50000
51000000
518,000.00
S12.000.00
55000.00
940000
51 000.00
5376,625.00 5350,53000 5387.21000 5397,485.00 i 5504,225.00
56.000.00
5765.00
5165.00
51300
5355.00
55 000.00
55 30000
52000.00
942 400.00
55.000.00
52,300.00
948.00
580.00
51400.00
516600.00
5270.00
56.10000
510000.00
512 600.00
51200.00
5500.00
590000
66,000.00
51,530.00
62.14500
51,300.00
57,100.00
55.000.00
65.300.00
52,000.00
542400.00
55000.00
62.300.00
51660000
614000.00
51460.00
516 600.00
5270,100.00
512.200.00
52000000
61260000
31 200.00
5100000
51600.00
3523.545.00
805680CKER
CONSTRUCTION
UNIT
PRICE COST
62,400.00
5770.00
5170.00
56.60
5530.00
55.000.00
63.700.00
5200000
534.910.00
5500000
52 300.00
551.00
655.00
51065.00
53,000.00
5346.40
54 790.00
510,039.00
51605400
53,134.00
5108900
516000
671,920.00
5240000
51.540.00
52210.00
5660.00
51060000
55.000.00
53.700.00
52.000.00
534.940.00
55.000.00
52.300.00
517.85000
5962500
53.065.00
63000.00
5356,85200
59,580.00
620,078.00
516,054.00
53.134.00
52,178.00
532000
Bld 0.1,: 0611912009
Bid Time: 11:00 a m.
Job No. 0567100
DONOVAN EXCAVATING 1 R L. AUA COMPANY CONSTRUCT COMPANY
UNIT I R UNIT
PRICE COST PRICE
I p Y
605.00 598,600.00 Y 57000
57,700.00
5760.00
5170,00
5700
552500
55 000.00
62.200.00
57000.00
534,000.00
55,000.00
62.500.00
544.00
587.00
54.90000
516 200.00
5270.00
611100.00
515 20000
524,100.00
57.400.00
5900.00
5770.00
51,700.00
61,520.00
5221000
5100.00
510.500.00
6500000
53.200.00
52000.00
534.000.00
5500000
52,30000
515400.00
515725.00
54.900.00
515200.00
6286,34000
522200.00
530400.00
524.100.00
5740300
6180000
5154000
57,000.00
5735.00
6160.00
6600
550000
55000.00
53,500.00
57000.00
550.000.00
55030.00
52.300.00
54300
56000
52900.00
510 000.00
5234.00
512.500.00
518,000 00
575000.00
53.000.00
5500.00
5700.00
UNIT
COST PRICE I COST
581,200.00 658.00
67.000.00
6147000
52 000.00
6600.00
510000.00
35000.00
615 050 00
510.500.00
5290000
510.000.00
5241.020.00
525.000.00
336,000.03
575.000.00
53.000.00
51000.00
6140000
52400.00
51,600.00
695.013
55.00
5200.00
5500000
63.500.00 1 52.000.0D
52000.00 52000.00
655000.00 5 560.000.00
5500000 I 5500000
52,300,00 1 52 300.00
S50.00
565.00
55000.00
52500000
5433.00
5700000
51100000
550000.00
51.000.00
5200.00
050000
09/02!2009
567,200.00
62.400,00
53.200.00
51.235.00
6500,00
54.000
55000 00
62.600.00
62 000.00
560 000.00
55.000.00
52.300.00
617500 00
511375.00
65000.00
325 000.00
9445.990.00
514,000.00
522 000.00
650.000.00
$1000 00
5400.00
51 00000
6586,006,00 5597,235.00 5599020.00 5746,960.00
TOTAL BIC 5376,025,00 I 5360,53000 5367,210.00 5397405.00 6504,225.00 6523,545.00 5586,000,00 5597,23500 6599,020.00 5748,980.00
PROJECT: Gilliam Creek Basin Stormwater Overflow
LINE ITEM: 412.02.594.38 PROJECT NO. 03 -DRO9
Provide storm drainage system to route Gilliam Creek basin outflow to the new Strander Boulevard storm
drainage pump, when the flap gates are closed at the Gilliam Creek outlet.
Reduces flooding at downstream properties by providing a method to drain the Gilliam Creek basin during
high river events.
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAINT. IMPACT: Decreases need for emergency pumping.
COMMENT: Will reduce likelihood of roadway flooding at intersection of Andover Park East and Tukwila Parkway.
FINANCIAL Through Estimated
(in $000's) 2007 2008 2009 2010 2011 2012 2013 2014 BEYOND TOTAL
EXPENSES
Design 50 50
Land (R/W) 0
Const. Mgmt. 50 50
Construction 350 350
TOTAL EXPENSES 0 0 0 0 0 50 400 0 0 450
FUND SOURCES
Awarded Grant 0
Proposed Grant 0
Mitigation Actual 0
Mitigation Expected 0
Utility Revenue 0 0 0 0 0 50 400 0 0 450
TOTAL SOURCES 0 0 0 0 0 50 400 0 0 450
CI) Project Location
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2009 to 2014
2a—
■_aa• J
Existing Storm
cfea t I Drainage System
I
I
1.
t
∎yx ;it rs
2009 2014 Capital Improvement Program 153
Existing
Gate Valve
Provide New 4
Overflow Pipe
m
1 Strander Blvd
S
i y
m
Existing Storm
Drainage System
ATTACHMENT F
City of Tukwila
SURFACE WATER ENTERPRISE FUND
2009 2014 Analysis in 000's
REVENUES 2009 2010 2011 2012 2013 2014 Total
+20% +10% +10% +10% +10%
Annual Billings (Current) (1) 2,535 3,042 3,346 3,681 4,049 4,454 21,107
Other Revenues (2) 125 130 135 140 145 150 825
Grants /Bond Proceeds (3) 0 0 0 0 0 0 0
Total Revenues 2,660 3,172 3,481 3,821 4,194 4,604 21,932
EXPENDITURES
Operations Maintenance (4) 1,374 1,386 1,385 1,426 1,470 1,513 8,554
Debt Service (5) 382 380 370 318 316 315 2,081
Engineering Labor (6) 293 316 325 335 345 356 1,970
Subtotal 2,049 2,082 2,080 2,079 2,131 2,184 12,605
SSWM Capital CIP Program (7) 1,370 1,010 634 1,125 1,070 1,099 6,308
Total Expenditures 3,419 3,092 2,714 3,204 3,201 3,283 18,913
Cash Flow Year by Year (759) 80 767 617 993 1,321 3,019
Carryover from 2008 2,827 0 0 0 0 0 2,827
Accumulated Totals 2,068 2,148 2,915 3,532 4,525 5,846
2009 2014 Financial Planning Model
XX 01/09/09
UTILITIES COMMITTEE
Meeting Minutes
August 25, 2009 5:00 p. tn. Conference Room #1
PRESENT
Councilmembers: Joan Hernandez (filling in for Kathy Hougardy), Acting Chair; Pam Linder, and Dennis Robertson
Staff: Jim Morrow, Bob Giberson, Frank Iriarte, Pat Brodin, Ryan Larson, Gail Labanara and
Kimberly Matej
Guest: Jeremy Edie
CALL TO ORDER: Acting Committee Chair Hernandez called the meeting to order at 5:03 p.m.
I. PRESENTATIONS
No Presentations
City of Tukwila
Utilities Committee
II. BUSINESS AGENDA
A. Howard Hanson Dam Flood Response Plan: Resolution Declaring Surplus Property
Staff is seeking full Council approval of a resolution declaring the log cabin located at 5829 South I40
Street as surplus property.
The log cabin is located on property that is a low spot on the west bank of the Duwamish River which
poses a flooding risk and liability to the City. Once declared surplus, the City will be able to move
forward with appropriate demolition of the structure and construction of flood protection measures.
This structure has no historical value. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 14
COW FOR DISCUSSION.
B. Gillaim Creek Basin Stormwater Overflow Bid Award
Staff is seeking full Council approval to award a bid in the amount of $360,530 to Reed Trucking and
Excavating Inc. for construction of the Gilliam Creek Stormwater Overflow project.
Moved forward from 2013, this item was heard in Committee on June 23, and subsequently approved by
Council July 6. Due to the urgency of this project as well as the upcoming 5 Monday, staff has requested
this item move forward to the next scheduled Council meeting which is Tuesday, September 8.
Committee members recognize that recently many items have bypassed the complete regular Council
process (committee, COW, Regular); however, they also acknowledge the importance and time sensitivity
of this particular item. Acting Chair Hernandez requested staff attach a copy of the appropriate CIP or
budget page relative to this project. UNANIMOUS APPROVAL. FORWARD TO SEPTMBER 8
REGULAR FOR DISCUSSION.
C. 2009 Annual Small Drainage Program King County Interlocal Cooperation Agreement
Staff is requesting full Council approval to enter into an Interlocal Cooperation Agreement with King
County for Distribution of the King County Flood Control Zone District's (KCFCZD) Sub Regional
Opportunity Fund.
The Sub Regional Opportunity Fund addresses flooding at a Iocal level. As voted on by the King County
Board of Supervisors, monies from this Fund will be allocated proportionally to each jurisdiction from
which funds were collected. This Agreement will allow Tukwila the ability to collect reimbursement for
projects through this Fund. Staff anticipates this to be an annual item. UNANIMOUS APPROVAL.
FORWARD TO SEPTEMBER 14 COW FOR DISCUSSION.
CAS N LIMB] ?R:
AGI ITI.ri Trrl.r. An ordinance adopting a six -month moratorium relating to diversion facilities and
diversion interim service facilities.
C.\1EGC )RY Discussion n Motion Resolution Ordinance Bid _Award Public Hearing Other
Alt& Date 09/08/09 11/Itg Date Mtg Date 11/118 Date 09/08/09 ilitg Date Mtg Date Mtg Date
SPC )NS( )R Council Mayor Adm Svcs ®DCD Finance Fire Legal n P &R Police PlV
SP( )NS( )R'S The Council is being asked to consider and approve an ordinance establishing a six -month
SUMMARY moratorium on the receipt and processing of building permit applications, land use
applications and any other permit application for diversion facilties and diversion interim
service facilities. A public hearing must be held by November 8, 2009 for the purpose of
adopting findings and conclusions in support of the provisions of the ordinance.
RI: \•II BY
Fund Source:
Commnents:
MTG. DATE
09/08/09
MTG. DATE
01/01/09
09- 107,2)
COW Mtg.
Utilities Cmte
COUNCIL AGENDA SYNOPSIS
Meetin Date Prepared by
09/08/09 JP
ITEM INFORMATION
IORIGINA \I, AGI;N1) DATI SEPTEMBER 8, 2009
CA &P Cmte
n Arts Comm.
DATE: N/A Emergency
RECOMMENDATIONS:
SPONSOR /ADMIN. Adoption of ordinance
C(>Mf' fYV1'1 SIs
Initials
Mayor' t
F &S Cmte
Parks Comm.
COST IMPACT FUND SOURCE
ExPI NDrI'URF REQUIRID AMOUNT BUDGETED
Counci( piety
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 09/02/09
Ordinance in draft form
ITEM No.
o.
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
TO:
ISSUE
BACKGROUND
DISCUSSION
RECOMMENDATION
ATTACHMENTS
Ordinance in draft form
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Tukwila City Council
FROM: Jack Pace, Community Development Director
DATE: September 2, 2009
SUBJECT: Adopting a six -month moratorium on establishing uses such as diversion
facilities and diversion interim service facilities.
Should the city establish a six -month moratorium on establishing uses such as diversion
facilities and diversion interim service facilities?
Jim Haggerton, Mayor
In recent weeks, City of Tukwila has been approached by several agencies to allow crisis
diversion facilities and crisis diversion interim service facilities in our city. The programs run in
these facilities target mentally ill and chemically dependent adults in crisis who might otherwise
be brought to a hospital emergency department or arrested for minor crimes and taken to jail.
These facilities are typically licensed by the Department of Health as Residential Treatment
Facilities and by the Department of Social and Health Services and Mental Health Division as
Adult Residential Treatment Facilities. Tukwila Municipal Code does not currently have specific
provisions that address these types of facilities. In order to prevent major investment and /or
vesting of rights that conflict with the Comprehensive Plan and the City's intent to carefully and
thoroughly plan for and provide appropriate development regulations the Council is being asked
to consider adopting a six month moratorium on establishing such uses.
Approve the ordinance establishing a six -month moratorium upon receipt and processing of
building permit applications, land use applications and any other permit application for diversion
facilities and diversion interim service facilities. Staff will report back to the City Council with a
work plan and provide policy options for further discussion. A public hearing must be held by
November 8, 2009 for the purpose of adopting findings and conclusions in support of the
provisions of the ordinance.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RELATING TO DIVERSION FACILITIES AND
DIVERSION INTERIM SERVICE FACILITIES FOR THE TREATMENT OF
MENTALLY ILL AND CHEMICALLY DEPENDENT ADULTS IN CRISIS,
ADOPTING A SIX -MONTH MORATORIUM ON ESTABLISHING SUCH
USES, AND ON THE ACCEPTANCE AND /OR PROCESSING OF
APPLICATIONS RELATED THERETO; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila has the authority to adopt a moratorium pursuant
to RCW 35A.63.220; and
WHEREAS, in recent weeks, several communities in South King County have been
approached by certain entities to allow crisis diversion facilities and crisis diversion
interim service facilities in the city; and
WHEREAS, the programs run in these facilities target mentally ill and chemically
dependent adults in crisis who might otherwise be brought to a hospital emergency
department or arrested for minor crimes and taken to jail; and
WHEREAS, these facilities have varying lengths of stays for its consumers
generally ranging from less than 24 hours to two weeks or longer; and
WHEREAS, although these facilities are licensed by the Department of Health as
Residential Treatment Facilities and by the Department of Social and Health Services,
Mental Health Division, as Adult Residential Treatment Facilities, the use is
inconsistent with residentially -zoned uses; and
WHEREAS, the Tukwila Municipal Code does not currently have a specific
provision addressing the use of property for these types of facilities; and
WHEREAS, the Tukwila City Council has determined it is in the best interest of the
City to prevent major investment and /or vesting of rights that conflict with the
Comprehensive Plan and the City's intent to carefully and thoroughly plan for and
provide appropriate development regulations; and
WHEREAS, the Tukwila City Council has determined that City staff should work
to prepare options for zoning regulations for the City Council's consideration; and
WHEREAS, as required by RCW 35A.63.220, the Tukwila City Council will hold a
public hearing within 60 days of the passage of this ordinance; and
WHEREAS, the potential adverse impacts on the public health, property, safety
and welfare of the City and its residents, as discussed, justify the declaration of an
emergency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Moratorium Imposed. The City hereby imposes a moratorium upon the
receipt and processing of building permit applications, land use applications, and any
other permit application for diversion facilities and diversion interim service facilities.
W: Word Processing \Ordinances\Moratorium on Diversion Facilities.doc
SK:ksn 9/2/2009
Page 1 of 2
Section 2. Public Hearing. Pursuant to RCW 35A.63.220, a public hearing will be
held by November 8, 2009 for the purpose of adopting findings and conclusions in
support of the provisions of this ordinance.
Section 3. Duration. The moratorium imposed hereunder shall be in effect until
March 8, 2010, unless extended by the City Council pursuant to State law.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid, unconstitutional or unenforceable for any reason by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this ordinance or its application to any
other person or situation.
Section 5. Declaration of Emergency Effective Date. For the reasons set forth
above, and to promote the objectives stated herein, the City Council finds that a public
emergency exists, necessitating that this ordinance take effect immediately upon its
passage by a majority plus one of the whole membership of the Council in order to
protect the public health, safety, property, and general welfare. This ordinance shall
take effect and be in full force immediately upon passage by the City Council. A
summary of this ordinance may be published in lieu of publishing the ordinance in its
entirety.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W' \Word Processing \Ordinances \Moratorium on Diversion Facilities.doc
SK:ksn 9/2/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
EXPENDITURE REQUIRED
Fund Source:
Comments:
MTG. DATE
9/8/09
1 MTG. DATE
9/8/09
Resolution in Final Form
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by Mawr' review
09/08/09 SH
ITEM INFORMATION
COST IMPACT FUND SOURCE
$00
AMOUNT BUDGETED
ATTACHMENTS
Council review
k)
ORIGINAL AGENDA DATE: SEPTEMBER 8, 2009
ITEM No.
c,
CAS NUMBER: Q C I— 2 3
AGENDA ITEM TITLE Resolution Declaring a Local Emergency due to the Condition of the Howard Hanson
Dam
CATEGORY Discussion Motion
Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 9 /8/09 Mtg Date Mtg Date 9/8/09 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Counci l Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S The United States Army Corps of Engineers, the King County Council and the City of
SUMMARY Tukwila's Emergency Management Coordinator have declared emergency conditions due to
the diminished flood control capabilities of the Howard Hanson Dam. The City of Tukwila
could experience major infrastructure damage, business disruptions and adverse economic
impacts from flooding in the Green River Valley.
The Council is beinci asked to consider and approve the resolution.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Department
COMMITTEE none
RECORD OF COUNCIL ACTION
APPROPRIATION REQUIRED
$0
City of Tukwila
TO: Mayor Haggerton
City Council
INFORMATIONAL MEMORANDUM
Jim Haggerton, Mayor
FROM: Shawn Hunstock, Finance Director
DATE: September 3, 2009
SUBJECT: Resolution Declaring a Local Emergency due to the Condition of the
Howard Hanson Dam
ISSUE
Mayor Jim Haggerton and the Tukwila City Council are requested by the Emergency
Management Coordinator to declare the existence of a local emergency due the diminished
flood control capabilities of the Howard Hanson Dam and the potential resulting flooding and
damage to the City of Tukwila.
BACKGROUND
The Howard Hanson Dam is experiencing structural failure which greatly increases the risk of
major flooding in the Green River Valley. Should such flooding occur, the City of Tukwila would
experience major infrastructure damage, business disruptions and adverse economic impacts.
DISCUSSION
The King County Council has issued an Emergency Proclamation in recognition of the potential
impact of a regional disaster related to flooding in the Green River Valley in and around the City
of Tukwila. The City's Emergency Management Coordinator recommends that an emergency
be declared in the City of Tukwila.
RECOMMENDATION
The Council is being asked to consider and approve the resolution declaring a local emergency.
ATTACHMENTS
Final Resolution.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DECLARING A LOCAL EMERGENCY DUE TO FLOOD
CONTROL CAPABILITIES OF THE HOWARD HANSON DAM.
WHEREAS, the United States Army Corps of Engineers has declared that the flood
control capabilities of the Howard Hanson Dam have been diminished and that local
communities should plan for flooding on the Green River during the 2009 and subsequent
flood seasons; and
WHEREAS, the King County Council has issued an Emergency Proclamation in
recognition of the potential impact of a regional disaster related to flooding in the Green
River Valley in and around the City of Tukwila; and
WHEREAS, the City of Tukwila would experience major infrastructure damage,
business disruptions and economic impacts due to such a flood; and
WHEREAS, the City's Emergency Management Coordinator recommends that an
emergency be declared in the City of Tukwila; and
WHEREAS, Mayor Jim Haggerton and the Tukwila City Council are requested by the
Emergency Management Coordinator to declare the existence of a local emergency therein;
and
WHEREAS, the Mayor and City Council do hereby find that conditions of peril to the
safety of persons and property are threatened within the City, caused by the current
condition of the Howard Hanson Dam on the Green River;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The above recitals are found to be true and correct in all respects.
Section 2. The declarations of emergency conditions provided by the United States
Army Corps of Engineers, King County Council and the City of Tukwila's Emergency
Management Coordinator regarding the flood control capabilities of the Howard Hanson
Dam are hereby approved, confirmed and adopted by the Tukwila City Council.
Section 3. It is hereby declared that during the existence of said local emergency, the
powers, functions, and duties necessary to prepare for, stabilize and control said incident
are given to the Emergency Management Coordinator and Public Works Director.
Section 4. The local emergency shall be deemed to continue to exist until its
termination is declared by the Mayor and Tukwila City Council.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Council Meeting thereof this day of 2009.
W: \Word Processing \Resolutions \Howard Hanson Dam Emergency Declara Eon doc
SH:ksn 09/02/2009
Jim Haggerton, Mayor
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 1 of 1