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HomeMy WebLinkAbout1456A 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 1 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. 2 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 4