HomeMy WebLinkAbout2651ORDINANCE NO.
AN ORDINANCE of the City of Kent,
Washington relating to solid waste and
landfills; ratifying and confirming the
Settlement Agreement entered in King County
Cause No. 84-2-04204-4.
WHEREAS, litigation over Seattle's operation of the
Midway and Kent -Highlands Landfills has created a substantial
contingent liability for the City of Kent; and
WHEREAS, it is in the best interest of the City of Kent
to resolve outstanding issues with respect to responsibility for
operation and maintenance of the Midway and Kent -Highlands
Landfills; and
WHEREAS, existing lawsuits in King County Cause No.
84-2-04204-4 and No. 844216 are pending, and further lawsuits
involving the landfills have been filed or are pending; and
WHEREAS, an out of court settlement has been reached
between the City of Kent and the City of Seattle, consistent with
the prior direction of this Council; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The SETTLEMENT AGREEMENT, attached hereto and
incorporated herein by this reference, entered in King County
Cause No. 84-2-04204-4 on August 6, 1986 is hereby ratified and II
confirmed. i
Section 2. The Mayor is hereby authorized to execute the
necessary deeds, and the City Attorney is authorized to execute
the necessary pleadings to carry out the purposes of the
above -referenced SETTLEMENT AGREEMENT.
Section 3. Effective Date. This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval and publication as provided by law.
Iii` KELL H , MAYOR
ATTEST:
MARIE JENSEN ITY CLERK
APPROVED AS TO FORM:
P. S N DiJULIO, 4KTY ATTORNEY
PASSED the _�QS day of 1986.
APPROVED the day of , 1986.
PUBLISHED the cRQ, day of C , 1986.
l
I hereby certify that this is a true copy of Ordinance;
passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereoh
indicated.
03840-140
(SEAL)
MARIE JEN�,CITY CLERK
- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4n MN,&W'r�
l'i�
AUG 6 1986
Superior Court Clerk
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR KING COUNTY
MIDWAY SAND AND GRAVEL, INC.,
ET AL.
Plaintiffs,
V.
CITY OF SEATTLE, ET AL.
Defendants.
NO. 84-2-04204-4
SETTLEMENT AGREEMENT
1. INTRODUCTION
1.1 THIS AGREEMENT is made this 6th day of August, 1986,
between Defendant City of Kent, and Defendant City of Seattle,
resolving all crossclaims made against Defendant City of Kent
(Kent), by Defendant City of Seattle (Seattle), and all and any
crossclaims by Kent alleged against Seattle arising out of a
complaint for damages and declaratory relief filed by Plaintiff
Midway Sand and Gravel, Inc., et al., in the above -entitled court
resulting from the operation and closure of the Midway Landfill
located in Kent, Washington.
2. RECITALS
Midway Landfill
2.1 In March of 1984, Midway Sand & Gravel, Inc. filed
P. STEPHEN 0IJULI0
KENT CITY ATTORNEY
220 FOURTH AVENUE SOUTH
KENT. WASHINGTON 96032
672.3340
1
2
3
4
5
6
7
8'
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
suit against Seattle and others in King County Superior Court
under Cause No. 84-2-04204-4. In the same lawsuit Seattle and
Kent filed cross claims against each other.
2.2 On or about May 29, 1984, Defendant City of Seattle,
filed an Answer on behalf of the City of Seattle, Charles Royer,
as Mayor of the City of Seattle, Eugene P. Avery, as Director of
Engineering for the City of Seattle, and Richard F. Owings, as
Manager of the City of Seattle Solid Waste Utility, setting forth
affirmative defenses and counterclaims, including a crossclaim
against Defendant City of Kent.
2.3 On or about June 4, 1984, Defendant City of Kent,
filed its Answer to Plaintiff's Complaint, including counterclaims
against Plaintiffs and crossclaims against Defendant City of
Seattle and Defendant King County.
2.4 On or about June 15, 1984, Defendant City of Seattle
filed amended counterclaims against Plaintiffs and amended cross-
claims against Defendant City of Kent.
2.5 On or about June 29, 1984, Plaintiff Midway Sand and
Gravel, Inc., filed a reply to counterclaims asserted by Defendant
City of Kent. On July 3, 1984, Plaintiff Midway Sand and Gravel,
Inc., filed a reply to counterclaims asserted against them by
Defendants Seattle, Royer, Avery, and Owings.
2.6 On August 20, 1984, Defendant City of Kent, filed a
reply to crossclaims asserted against it by Defendant City of
Seattle.
2.7 On August 27, 1985, the parties acting through
respective counsel stipulated to entry of a trial date set for
June 16, 1986 following the availability of a Final Environmental
Impact Statement for the closure of the Midway Landfill.
2.8 On or about February 26, 1986, Plaintiff Midway Sand
and Gravel, Inc., filed a Motion for Partial Summary Judgment of
Liability and Inverse Condemnation against Defendant City of
Seattle, the matter being set for argument on March 26, 1986 along
with supporting legal memorandum and affidavits of Robert P.
P. STEPHEN DIJULIO
KENT CITY ATTORNEY
SETTLEMENT AGREEMENT -1
220 FOURTH AVENUE SOUTH
KENT. WASHINGTON 98032
672-3340
1
2
3
4
5.
6.
71
8
9i
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stearns, Jerry Fairbanks, and Louis Romano.
2.9 On or about March 17, 1986, Defendant City of
Seattle, filed a Motion in Opposition to Plaintiff's Motion for
Partial Summary Judgment of Liability and Plaintiff's Claim for
Inverse Condemnation along with a legal memorandum and supporting
affidavits of Richard D. Owings, J. Michael Strong, and Clyde N.
Moore.
2.10 On or about March 25, 1986, Plaintiff Midway Sand
and Gravel, Inc., filed a rebuttal memorandum in support of its
Motion for Partial Summary Judgment of Liability against Defendant
City of Seattle based upon inverse condemnation.
2.11 The parties to this agreement desire to settle and
compromise their several cross claims and to terminate the litiga-
tion between them. All other parties have previously settled in
said cause of action, leaving only Seattle and Kent as real
parties in interest.
Kent -Highlands Landfill
2.12 On or about April 21, 1978, The City of Seattle
together with Kent -Highlands, Inc., filed a complaint for injunc-
tive and declaratory relief against the City of Kent in the
Superior Court for King County in Cause No. 844 216 concerning
Seattle's operation and management of another landfill located in
the City of Kent, the Kent -Highlands Landfill. Plaintiffs con-
tended that closure of the Kent -Highlands Landfill by the City of
Kent would cause irreparable harm and sought a permanent injunc-
tion restraining Defendant City of Kent from terminating or other-
wise restricting Plaintiff Seattle's operation of the landfill.
Following the granting of partial relief, remaining claims of the
respective parties were continued and are pending final resolution,
2.13 WHEREBY both parties desire to resolve all litiga-
tion and issues involving landfills in the City of Kent, and
recognizing the need to work- together in devising comprehensive
solutions to deal with the impacts of both landfills, counsel for
Seattle and Kent believe that the settlement set forth below is
SETTLEMENT AGREEMENT - 3
P. STEPHEN DUULIO
KENT CITY ATTORNEY
220 FOURTH AVENUE SOUTH
KENT. WASHINGTON 98032
8723340
1
2
3
4
5
6
7
8
91
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
fair, reasonable and adequate as to the parties' respective claims
against each other and as to Kent's claim against Midway Sand &
Gravel, Inc., which has been indemnified by Seattle. The
following Agreement sets forth the terms of such settlement and
incorporates by reference herein all files and records in the
above actions as if set forth verbatim.
3. AGREEMENT
3.1 The City of Seattle agrees to defend, indemnify and
hold harmless the City of Kent from any and all claims, demands,
actions (including Production Plastics, Inc. v. City of Seattle,
King County Superior Court No. 85-2-04123-2), injuries, losses,
damages, costs, or liabilities of any kind or amount whatsoever,
whether known or unknown, foreseen or unforeseen, fixed or contin-
gent, liquidated or unliquidated, arising by reason of the City of
Seattle's prior and continued use of the Midway Landfill and Kent -
Highlands Landfill or any portion thereof, or by reason of any
proven act or omission of the City of Seattle or its agents,
permittees, or invitees. This indemnity shall cover, but shall be
limited to, any claims that may have been made or that may be made
in the future against the City of Kent, its elected and appointed
officials, officers, employees and agents by persons or entities
claiming injury to or on behalf of their persons, property, or
business due to deposits of waste, refuse and other material. This
indemnity shall also cover any liabilities that may be imposed by
law on the City of Kent, for cleanup of the Midway Landfill
property only under the so-called federal "Superfund Program"
under the Comprehensive Environmental Response Compensation and
Liability Act of 1980, 42 U.S.C. S 9600, et seg., or other
governmental agency programs; Provided, that this indemnification
shall not apply to final judgments against the City of Kent
arising out of either landfills based on an actual determination
by a finder of fact that monetary damages suffered by a third
party were actually and proximately caused by intentional tortious
I SETTLEMENT AGREEMENT - 4
P. STEPHEN DUULIO
KENT CITY ATTORNEY
220 FOURTH AVENUE SOUTH
KENT. WASHINGTON 98032
872-3340
1
2
3
4
5
6
7
8
9
10,
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
acts of the City of Kent, its employers, officials or agents or by
negligence solely on the part of the City of Kent, its employees,
officials or agents; Provided, further, that this indemnification
shall for both landfills not apply to any action undertaken by
Kent, its agents or employees toward satisfaction of the condi-
tions stated in Paragraph 3.2 herein; Provided, further, that this
indemnification shall not cover any liabilities that may be
imposed by law upon the City of Kent as a contributor of refuse to
the Kent -Highlands Landfill for cleanup of the Kent -Highlands
Landfill under the "Superfund Program" pursuant to the Comprehen-
sive Environmental Response Compensation and Liability Act of
1980, 42 U.S.C. §9600, et se .
3.2 The City of Kent agrees to take the following action
to maintain the stability and integrity of affected neighborhoods
in the City of Kent through the exercise of its municipal
authority:
3.2.1 The City of Kent shall establish a new fire
M
station on the West Hill region of Kent, subject to passage of a
bond issue which permits financing such facilities.
3.2.2 Upon completion of the fire station, identi-
fied in Section 3.2.11 Kent shall dedicate its present fire sta-
tion site at 3514 S. 252nd Street in Kent, as a public park which
it shall maintain and operate for the benefit of children of the
citizens of Kent, including the West Hill communities.
3.2.3 The City of -Kent shall undertake and complete
installation of sanitary side sewers and related appurtenances on
38th Avenue S. from S. 253rd Street to S. 251st Street pursuant to
City of Kent Ordinance No. 2540 (Local Improvement District No.
319).
3.2.4 The City of Kent shall not undertake any
action to rezone or downzone any of the Midway Landfill or
contiguous properties that a -re currently or may be owned by the
City of Seattle, or which may later be acquired by Seattle
pursuant to this Agreement, so that Seattle would be unable to
SETTLEMENT AGREEMENT - 5
P. STEPHEN DIJULIO
KENT CITY ATTORNEY
220 FOURTH AVENUE SOUTH
KENT. WASHINGTON 98032
872-3340
1
211
3
4
5
6
7
8
9
10I
11i
12
13
14,
15
16
17
18
19
20
21
22
23
24
25
26
27
28
make commercial use of said properties, or convey to others who
would be unable to make commercial use of the properties.
3.3 The City of Kent agrees to convey by quitclaim for
consideration of the covenants herein, but no money consideration,
all Midway Landfill property deeded to the City of Kent by Joseph
Romano as described more fully in Exhibit "A" attached and
incorporated by reference herein.
3.4 The City of Kent agrees to cooperate with the City
of Seattle in the expeditious granting of any and all necessary
easements, franchises, and permits for the use of City of Kent
properties and rights-of-way without fees or charges in order for
the City of Seattle to institute and complete landfill closure and
postclosure cleanup activities for both landfills, including
abatement of off-site contamination from the landfills in affected
neighborhoods. Any such activities permitted or authorized by the
City of Kent and conducted by the City of Seattle must be under-
taken in an environmentally safe manner that minimizes or elimin-
ates adverse health and environmental impacts to the public. Such
activities do not include the City of Seattle's Good Neighbor
Program initiated prior to the Agreement. The City of Kent
reserves the right to continued comments on the City of Seattle's
closure and postclosure actions of both landfills and solid waste
planning.
3.5 The City of Kent agrees to withdraw its claim for
damages filed against the City of Seattle on April 21, 1986. Kent
further agrees not to reinstate such claims or to make any future
claims against Seattle for claimed pollution or other damage to
air, water, and land attributable to Seattle's operation of the
Midway and Kent -Highlands Landfills, or for the employment of
municipal services, labor, salary, goods or property, real and
personal, in connection with the operation of the Midway and
Kent -Highlands Landfills or their closure.
SETTLEMENT AGREEMENT - 6
P. STEPHEN DUUU0
KENT CITY ATTORNEY
220 FOURTH AVENUE SOUTH
KENT, WASHINGTON 98032
872-3340
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3.6 Consistent with Seattle's established plan to close
Kent -Highlands Landfill operations on December 31, 1986, the City
of Seattle agrees to cease operations at the Kent -highlands
Landfill as soon as possible, but no later than December 31, 1986,
subject, however, to the deposit of clean fill only and closure/
postclosure cleanup and related activities conducted at the site.
The City of Kent agrees that it will not dispose of its collected
solid waste at any facility other than the Kent -Highlands Landtill
until December 31, 1986, unless the City of Seattle agrees to an
earlier date, or unless the City of Seattle commences utilization
of an alternate landfill.
3.7 The City of Kent and City of Seattle further agree
to dismiss with prejudice all pending claims in the above -entitled,
cases upon pleadings or stipulated judgment prepared by the City
of Seattle.
Dated this 6th day of August, 1986.
CITY OF SEATTLE CITY OF KENT
BY: BY: .111
HONOR E DO S N. JE64ETT P.. S` EPHEN DiJ
CITY 06NEYU CITY ATTORNEY
2327L -10L
SETTLEMENT AGREEMENT - 7
BY
BY:
BILL H. WILLIAMSON
ASSISTANT CITY ATTORNEY
NTA -RT< R. BUCKLIN
KEATING, BUCKLIN &
MCCORMACK
ATTORNEYS FOR DEFENDANT
CITY OF KENT
P. STEPHEN DIJULIO
KENT CITY ATTORNEY
220 FOURTH AVENUE SOUTH
KENT, WASHINGTON 96032
872-3340