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HomeMy WebLinkAboutRes 0712 - Drainage and Flood Control Improvements in Green River Valley OF T WASHINGTON I RESOLUTION NO 712 A RESOLUTION OF THE CITY OF TUKWILA AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENTS WITH THE U.S. SOIL CONSERVATION SERVICE AND OTHER LOCAL SPONSORS RELATED TO THE DRAINAGE AND FLOOD CONTROL IMPROVE- MENTS IN THE GREEN RIVER VALLEY. WHEREAS, King County, the Green River Flood Control Zone District, the cities of Auburn, Kent, Renton and Tukwila and the King County Conservation District are local sponsors of the East Side Watershed Project as authorized under Public Law 566; and WHEREAS, King County and the cities of Auburn, Kent, Renton and Tukwila entered into an interlocal agreement in May of 1978 to further their objectives for timely implementation of drainage and flood control improvements and established the Green River Basin Executive Committee to oversee a program to improve basin -wide surface water management; and WHEREAS, the SCS has completed a Revised Watershed Plan for the East Side Project which includes by reference modifications recommended by the local sponsors; and WHEREAS, the Green River Basin Executive Committee has reviewed the Revised Watershed Plan and has recommended the SCS make preparations to complete procedures necessary to begin design and construction; and WHEREAS, the U.S. Soil Conservation Service requires the sponsors to confirm their commitment to the Revised Watershed Plan, as amended, by cosigned letter prior to proceeding with a formal Watershed Plan Agreement; and COUNCIL ACTION MEETING I DATE I AGENDA I .;CTION WHEREAS, the U.S. Soil Conservation Service requires that a Watershed Plan Agreement be entered into which sets out certain conditions and procedures for sponsorship of the East Side Watershed Project prior to commencing with engineering design work and right -of -way mapping; and WHEREAS, a subsequent agreement will be required prior to beginning construction and committing local funds setting forth in detail financial arrangements and responsibilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO RESOLVE AS FOLLOWS: The Mayor of Tukwila is authorized to enter into and carry out the provisions of a letter agreement and revised watershed plan agreement in substantially the same form as is attached hereto as Appendix A (letter agreement) and Appendix B (revised watershed plan agreement); Provided that any revised Watershed Plan Agreement executed by the Mayor shall contain the following provision: No Sponsoring Local Organization shall be obligated to perform any term or condition of this agreement until after the execution of a written agreement as provided in paragraph 13 attached which sets forth, in detail, the financial and working arrangments and other conditions that are applicable to the specific works of improvement, land acquisition or any other cost associated with performance of this agreement. PASSED BY THE CITY COUNCIL OF THE CITY F TUKWILA, WASHINGTON, at a regular meeting thereof this /q'' day of 1980. ATTEST:.2_ct�ze,, -u mayor City'Clerk Mr. Lynn A. Brown, State Conservationist USDA Soil Conservationist Room 360 U. S. Courthouse Spokane, Washington 99201 Dear Mr. Brown: MI11111111= The Green River Basin Executive Committee (BEC) has reviewed the July 1978 Revised Watershed Plan developed under authority of Public Law 566 for the East Side Green River Watershed, King County, Washington. The sponsors concur in the basic provisions of this plan, as also reflected in the June 1979 Final Environmental Impact Statement, with the following exception. The proposed works of improvement for the P -1 channel from 180th Street to the P -1 pump plant use the alternative design configuration and be installed as presented conceptually in Alternative 4 of the October 2, 1979 Brown and Caldwell studies. See Attachment A. This alternative has been reviewed by the Green River Basin Technical Advisory Committee and the Basin Executive Committee. Appropriate and careful consideration has been given to the environmental aspects thereof, and a determination made that this alternative is preferred environmentally and has greatest local acceptance. As project sponsors, the undersigned parties herein concur in all provisions of the July 1978 revised watershed plan and agree to become signatories of said plan when written confirmation is provided by the Soil Conservation Service that the exception described above concep- tually as Alternative 4 of Brown and Caldwell, is acceptable. Furthermore, the undersigned parties hereby reconfirm their intent to proceed immediately with the sponsor actions necessary to carry out local responsibilities for landrights, relocation, permits, mitigations, etc., as defined in the revised plan. Address CITY OF AUBURN Local Organization s g fL rvi Zip Code Date Z- The signing of this agreement was authorized by a resolution of the governing body of the City of Auburn /01;2 Local Organization ►9Pa adopted at a meeting held on q r� Secretary, Local Organizatio Date 'L .ti's _e CITY OF KENT Local Organization B Title gso o y- U as GJ M.o.:— Address By 1S Title f A 3 lb 98 Address Zip Code Date -2.. /%;(C% The signing of this agreement was authorized by a resolution of the governing body of the City of Kent (0f Local Organization adopted at a meeting held on c-- //7 /47 79 .443 Secretar Local Organi ion Address Code. Date a SZ- D CITY OF RENTON Local Organization 200 44 Address Zip Code Date cp l PO -2- By bo -q S 'wNlooc.W Title cj t b V Zi p Code Date F&bhua G, (9.1ry The signing of this agreement was authorized by a resolution of the governing body of the City of Renton No. 2317. G,¢ G.. 0 4 -2D C,4 -G-• !O -2 Local Organization adopted at a meeting held on P.bhcla h 4 (920 104 64.e,-) 0. >2 Ztel.6( c,X90 if/ Ake Secretary, Local Organization Address Zip Code CITY OF TUKWILA Local Organization 4 O 5ecthcebtLer Blvd 7 Kw i 1 9J7 /pg Address Zip Code Date go The signing of this agreement was authorized by 'a resolution of the governing body of the City of Tukwila 7/.,2 11 Local Organization adopted at a meeting held on Iq FE73 /e/,Po 4,2oo 5 cu7Xc ei' t er 8/ ✓d. 9P /Pe Secretary, Local Organization Address Zip Code Date ,29 PO KING COUNTY CONS. DISTRICT Local Organization A•.pte• a meetin_e held on Date GREEN RIVER FLOOD CON. ZONE DIST. Local Organization n1zation Secretary, Local Organization Address Date �/I7/ "O 3 By--r L Title `]'VU_c.-1(5.,r Title C.. 4(2)4st N Zelty gems Zip Code f� Date, /0 The signing of this agreement was authorized by a resolution of the governing body of the King County Conservation District Local Organization /979 96(745-- Address 7S __Zip Code Title ,King County Deputy Executive 400 King County Courthouse 98104 Address Zip Code February 22, 1980 Date Motion 4707 The signing of this agreement was authorized by a resol•ati�r of the governing body of the Green River Flood Control Zone District Local Organization adopted at a meeting held on January 28, 1980 98104 Zip Code COUNTY OF KING Q Local Organization ACC I'inii &'tii?fir C f'o1/s�- 9J /C Address J Zip Code Title dei /7 ki ('c tit LeeGcir7' 1 Date r�hr'ci.�t�.,�3 /jJ Mot,bn 4707 The signing of this agreement was authorized by a eso- iion of the governing'body the County of King 0 Local Organization adopted at a meeting held on January 28, 1980 k G1 5,.�- King County Courthouse 98104 4 Se e tar Local Organization Address Zip Code Date .2/z 4fr6 P Lt y P7 REVISED WATERSHED PLAN AGREEMENT Between the CITY OF AUBURN CITY OF KENT CITY OF RENTON CITY OF TUKWILA KING COUNTY CONSERVATION DISTRICT GREEN RIVER FLOOD CONTROL-ZONE DISTRICT COUNTY OF KING (hereinafter referred to as the Sponsoring Local Organizations) State of Washington and the SOIL CONSERVATION SERVICE UNITED STATES DEPARTMENT OF AGRICULTURE (hereinafter referred to as the Service) Whereas, the Watershed Work Plan Agreement for East Side Green River Watershed, State of Washington, executed by the Sponsoring Local Organizations named therein and the Service became effective on the twenty -fifth day of August 1966; and Whereas, the said Watershed Work Plan Agreement for East Side Green River Watershed, State of Washington, was modified by a Supplemental Watershed Work Plan Agreement #1, executed by the Sponsoring Local Organizations and the Service, which became effective on the thirty first day of July 1967; and Whereas, the said Watershed Work Plan Agreement as supplemented for East Side Green River Watershed, State of Washington, was again modified by a Supplemental Watershed Work Plan Agreement #2, executed by the Sponsoring Local Organizations and the Service, which became effective on the fourth day of December 1969; and AGR -1 � Whereas, the said Watershed Work Plan Agreement as supplemented for East Side Green River Watershed, State of Washington, was again modified by a Supplemental Watershed Work Plan Agreement #3, executed by the Sponsoring Local Organizations and the Service, which became effective Qn the fourth day of April 1974; and Whereas, in order to carry out the Watershed Work Plan for said watershed, it has become necessary to revise and supercede said Water- shed Work Plan Agreement as supplemented; and Whereas, a Revised Watershed Plan which modifies the Watershed Work .Plan dated July 1965 for said watershed has been developed through the cooperative efforts of the Sponsoring Local Organizations and the Service, which plan is annexed to and made a part of this agreement; Now, therefore, in view of the foregoing considerations, the Secretary of Agriculture, through the Soil Conservation Service, and the Sponsoring Local Organizations hereby agree on this plan and that the works of improvement for this project will be installed, operated, and maintained in accordance with the terms, conditions, and stipulations provided for in this watershed plan and including the following: 1. The Sponsoring Local Organizations will'acquire, other than PL- 566 funds, such land rights as will be needed in connection with the remaining works of improvement. (Estimated Cost $5,565,780.) 2. The Sponsoring Local Organizations assure that comparable replace- ment dwellings will be available for individual° and persons displaced from dwellings, and will provide relocation assistance advisory services and relocation assistance, make the relocation payments to displaced persons, and otherwise comply with the real property acquisition icies contained in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91 -646, 84 Stat. 1894) effective as of January 2, 1971, and the Regulations issued by the Secretary of Agriculture pursuant thereto. The costs of relocation payments will be shared by the sponsoring local organizations -and SCS as follows: Sponsoring Estimated Local Relocation Organizations SCS Payment Costs (percent) (percent) (dollars) Relocation Payments 30 70 25,500 3. The Sponsoring Local Organizations will acquire or provide assurance that landowners or water users have acquired_such water rights pursuant to state law as may be needed in the installation and opertiation of the works of improvement. AGR -2 rated for 4. The percentages of remaining construction costs to be paid by odified the Sponsoring Local Organizations and by SCS are as follows: the ective Sponsoring Estimated Works of Local Construction Improvement Organizations SCS Costs said (percent) (percent) (dollars) Aiater- than PL- the place placed services aced pol- operty 94) he ion a SCS as imated cation nt Costs liars) ,500 ssurance ::rsuant cf the Channels 0.00 100.00 $7,769,400 ied Work 5. The percentages of the remaining engineering costs to be ,h the borne by the Sponsoring Local Organizations and SCS are as e follows: ent; Sponsoring Estimated e Works of Local Engineering and the Improvement Organizations SCS Costs t the (percent) (percent) (dollars) a, and tions Channels 0.00 100.00 $776,900 6. The Sponsoring Local Organizations and SCS will each bear the remaining costs of Project Administration which it incurs, estimated to be $80,690 and $1,477,700 respectively. 7. The Sponsoring Local Organizations will obtain agreements from owners of not less than 50 percent of the land above each reservoir and floodwater retarding structure that they will carry out conservation farm or ranch plans on their land. 8. The Sponsoring Local Organizations will provide assistance to landowners and operators to assure the installation of the land treatment measures shown in the watershed plan. 9. The Sponsoring Local Organizations will encourage landowners and operators to operate and maintain the land treatment measures for the protection and improvement of the watershed. 10. The Sponsoring Local Organizations will be responsible for the operation, maintenance, and replacement of the works of improvement by actually performing the work or arranging for such work in accordance with agreements to be entered into prior to issuing invitations to bid for construction work. 11. The costs shown in this plan represent preliminary estimates. In finally determining the costs to be borne by the parties hereto, the actual costs incurred in the instal- lation of works of improvement will be used. 12. This agreement is not a fund obligating document. Financial and other assistance to be furnished by SCS in carrying out the plan is contingent upon the fulfillment of applicable laws and regulations and the availability of appropriations for this purpose. 13. A separate agreement_will be_entered into between SCS and Sponsoring Local Organizations before either party initi- ates work involving funds of the other party. Such agree- ments will set forth in detail the financial and working arrangements and other conditions that are applicable to the specific works of improvement. 14. This plan may be amended, revised, or terminated only by mutual agreement of the parties hereto except that SCS may terminate financial and other assistance'in whole, or in part at any time it determines that the Sponsoring Local Organizations have failed to comply with the conditions of this agreement. In this case, SCS shall promptly notify the sponsors in writing of the determination and the reasons for the termination, together with the effective date. Payments made to the sponsors or recoveries by SCS under projects terminated shall be in accord with the legal rights and liabilities of the parties. An ammendment to incorporate changes affecting a specific measure may be made by mutual agreement between SCS and the sponsor(s) having specific responsibility for the measure involved. 15. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this plan, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 16. The program conducted will be in compliance with all requirements respecting nondiscrimination as contained in the Civil Rights Act of 1964, as amended, and the regulations of the Secretary of Agriculture (7 CFR 15.11 15.12), which provide that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any activity receiving federal financial assistance. AGR -4 CITY OF AUBURN Local Organization 7 N (J 1 N %-f �10 1211/ Address Zip Code Date Z.". 1, to The signing of this agreement was authorized by a resolution of the governing body, of the City of Auburn /052.- II Local Organization adopted at a meeting held on A0,—. I I c1 fa Secretary, Local Organization Date 2 1. g c) CITY OF KENT Local Organization Address I The signing of this agreement was authorized by a resolution of the governing body of the City of Kent (8 Lo cal Organization, 4.21/-717 Secretary ocal Organization Address Date j� ,g adopted at a meeting held on CITY OF RENTON Local Organization adopted at a meeting held on Date 4 `'`zt AGR -S Address Zip Code By. lr� v :J Title i 70 �JL j Zip Code Date Le 22 B t�a.a(•cw Sk�n.poc i Title ..l&cc 01# Zip Code 200 Mill Ave •SO47 Address Zip Code Date Feb iota I• 6 /?8d The signing of this agreement was authorized by a resolution of the governing body of the City of Renton No. 2.3)1 CA-82_0_„ in Local Organisation aloo M 1 Ave.. so Secretary, Local Or anization Address Zip Code /9r0 I\ CITY OF TUKWILA Local Organization j,201' Soo ceA/er 8i ✓d. r t kw; 0. Address Zip Code Date _2- .,zq' po 9f,rp The signing of this agreement was authorized by a resolution of the governing body of the City of Tukwila '17/.2; Local Organization adopted at a meeting held on G ,Z �b i. c �•�.ca�,c l'.L 6 a o t Ri •d Secretary, Local Organization Address Zip Coc Date 0 .1 a z 9- 470 9F/Pr KING COUNTY CONS. DISTRICT Local Orga tion W) Address Zip Code Date The signing of this agreement was authorized by a resolution of the governing body of the King County Conservation District Sect' Date Local Organization d at a meeting held on anization GREEN RIVER FLOOD CON. ZONE DIST. Local Organization 400 King County Courthouse 98104 Address Zip Code The signing of this agreement was governing body of the Green River BY "f,i�ii .ti" Title pq c. 7 Title C tl:A, ,z i 1 4f'/ Address Local Organization adopted at a meeting held on January 28, 1980 Seetetar Local Organization Date 7 79 SS" Zip Cod By Title Deputy King County E cutt February 27, 1980 Date Mntinn 47[17 authorized by a ITBD2LI1DII of the Flood Control Zone District Kina Courts Courthouse 98104 Address Zip Cod! the >�oc Date Z, -,�a Soil Conservation Service United States Department of Agriculture STS Cod Zu :odCOUNTY OF KING By Local Organization 400 King County Courthouse 98104 February 27, 1980 Address Zip Code Date Motion 470? The signing of this agreement was authorized by a resolution of the governing body of the County of King Local Organization adopted at a meeting held on January 28, 1980 See'retarp; Local Organization Address Zip Code Appropriate and careful consideration has been given to the environmental statement prepared for this project and to the environmental aspects thereof. AGR -7 Title Deputy King County Executive King County Courthouse 98104 Approved by: (14 /49 pf State Conservationist /al a Date