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I I , .. / RESOLUTION NO. t 4 .) 4::;;
RESOLUTION of the City
Council of the City of Kent,
Washington, relating to the clean up
of the Earth Works Park detention
and settling basin facility, finding
that an emergency exists and
requiring the immediate clean up of
the basin.
WHEREAS, the City's Earth Works park also operates as a storm
water detention and settling basin facility for the Mill Creek
Canyon drainage basin; and
WHEREAS, the City, on February 8 and 9, 1996, experienced
extraordinary flooding, which drained into and overflowed the Earth
Works detention basin, filling it with debris and material that
obstructed the normal operational aspects of that basin; and
WHEREAS, the City, on February 2, 1996, declared a general
state of emergency in the City as a result of that flooding to
allow for prompt response and recovery due to the flood; and
WHEREAS, the Earth Works park detention and settling basin
facility, in its current condition, cannot effectively operate as
a storm water detention and settling basin facility; and
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WHEREAS, this deteriorated condition of the Earth Works Park
facility presents a real and present danger to the health, safety
and welfare of the users of the park and all those citizens within
Kent who are affected by the Mill Creek drainage network; and
WHEREAS, because of the immediate threats to public health,
safety and welfare, an emergency exists that requires the immediate
clean up of the Earth Works Park detention and settling basin
facility at the earliest possible opportunity in order to be ready
for any following storm event without first obtaining the benefit
of any State Environmental Policy Act (SEPA) review, if SEPA
review would be applicable to this project, or the City's public
bidding requirements for Public Works projects; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The above listed recitals are found to be true and
correct in all respects and are incorporated by reference.
Section 2. The City Council finds that the Earth Works Park
stormwater detention and settling basin facility, in its current
condition as a result of recent flooding, constitutes a threat to
public health, safety and welfare.
Section 3. The City Council finds that an emergency condition
exists necessitating the immediate clean up of the Earth Works Park
facility at the earliest possible time.
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Section 4. Because the City must take immediate action due to
this emergency, the City Council finds that, if SEPA were to apply
to this project, the City's action would be categorically exempt
from SEPA requirements because of this emergency situation pursuant
to WAC 197-11-880, and further the City Council also finds that
this action shall also be exempt from the City's public bidding
requirements for Public Works projects.
Section 5. As a result of this emergency condition, the
City's Director of Public Works is authorized to implement and
proceed with the construction of this clean up process under such
terms and conditions as he deems appropriate to alleviate the
emergency condition.
Section 6. The City's Director of Public Works also shall, to
the extent reasonably possible, comply with the substance of both
State and Local SEPA Laws and all applicable public bidding
requirements.
Section 7. The costs incurred by the City for the
construction of this clean up operation shall be paid for from the
City's operations fund of the City's storm utility.
Passed at a regular meeting of the City Council of the City of
Kent, Washington, this }C.~ day of ~ 1-t.-bluA/J~--, 1996.
Concurred in by the Mayor of the City of Kent, this C2/btday
of :i-lJno.tVw. , 1996. ,f
ATTEST:
BRE1Wl\ JACOBER, CITY CLERK-DEfu7Y
JJo II) If) 11 .S w fJ t.)
APPROVED AS TO FORM:
I hereby certify that this
Resolution No. Jtf/:;b , passed
of Kent, Washington, on the ~C~
lS a true and correct
by the City Council of
day of ,,j,f)r,nnll.":fr
' I
copy of
the City
, 1996.
_,...[.,lWa.~z.... LJVY2LLO<Cc..r.&.......___ ..... <(~~l-4.k;..(.'.-LJa""""/u<;..<e/ ____ (SEAL)
CITY CLERK, ]) E. Pu7Y
EARTH. RES
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