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HomeMy WebLinkAbout882I. q RESOLUTION NO. A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the Mayor of Kent to enter into agreements with the u.s. Soil Conservation Service and other local sponsors related to drainage and flood control improvements in the Green River Valley. WHEREAS, King County, the Green River Flood Control Zone District, the cities of Auburn, Kent, Renton, 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 implementa- tion of drainage and flood control improvements and establish- ed the Green River Basin Executive Committee to oversee a pro- gram 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 de- sign and construction; and WHEREAS, the U.S. Soil Conservation Service requires the sponsors to confirm their commitment to the Revised Water- shed Plan, as amended, by cosigned letter prior to proceeding with a formal Watershed Plan Agreement; and 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 commending with engineering design work and right-of-way mapping; and WHEREAS, a subsequent agreement will be required prior to beginning construction and commiting local funds setting forth in detail financial arragements and responsibilities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY RESOLVE: Section 1. The Mayor of Kent is authorized to enter into and carry out the provisions of a revised watershed plan agreement in substantially the same form as is attached here- to as Exhibit "A" and incorporated herein by reference as if fully set forth herein. Section 2. Passed at a regular meeting of the Kent City Council this 17th day of December, 1979. ISABEL HOGAN I ATTEST: OVED AS TO FORM: ~ I hereby certify that this is a true copy of Resolution No. Ff/Sd.:-, passed by the City Council of the City of Kent, Washington, the 17th day of December, 1979. --~~ \'\?-,~., (SEAL) ~MA~R=I=E~J=~~~~=E=N~,~C~I=T~Y~c=L=E=RK=-- - 2 - l 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 SOll 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 -• . ~ '' I ' .-~~ .. ~ ~ . ·.~~ '.; \ ' :'.( ~A.' · t:r ' · · .. :~ Whereas, the said Watershed Work Plan Agreement for East Side Green ·;:.:.< River \~atershed, State of Washington, was modified by a Supplemental ·('.:·} · Watershed Work Plan Agreement #1, executed by the Sponsoring Local ·· . .1. ~. .. ·~· . 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 i\greement as supplemented East Side Green River Watershed, State of Washington, was again modified by a Supplemental Watershed Work Plan Agreement W3, executed by tho · Sponsoring Local Organizations and the Service, which became effective •· on 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 i\greement as supplemented; and '·8~". t.·~·. ~·1rf 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; ~i~ \, . ., ., , r . . . ~ ·: i) Now, therefore, in view of the foregoing considerations, the . Secretary of i\griculture, 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 r maintained in accordance with the terms, conditions, and stipulations ~ provided for in this watershed plan and including the following: .:1{ 1. The Sponsoring Local Organizations will acquire, with 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 individuals 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 pol- icies contained in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, 84 Stat. 1894) : ·~ ,I·_, effective as of January 2, 1971, and the Regulations issued by the , ·~ : .. Secretary of i\griculture pursuant thereto. The costs of relocation ·~ payments will be shared by the sponsoring local. organizations and SCS as ~,~ follows: Relocation Payments Sponsoring Local Organizations (percent) 30 scs (percent) 70 . i.' Estimated ... ,,. Relocation '>·~ Payment Costs ::· (dollars) · .,. ·. ~~ .·. 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 operation of the -~ works of improvement. AGR-2 '· .. , I shed Work 'Jgh the he 11ent; he , and the 1t the .'d, and 1tions ·place- :;placed services laced 11 pol- r-operty -!94) the tion 11d SCS as '· imated >cation ·nt Costs illars) >, 500 1ssurance 1ursuant of the 4. The percentages of rema1n1ng construction costs to be paid by the Sponsoring Local Organizations and by SCS are as follows: Works of Improvement Channels Sponsoring Local Organizations (percent) 0.00 scs (percent) 100.00 Estimated Construction / "'>.Costs fd~~) p \69,400' / '· 5. The percentages of the remaining engineering costs to be borne by the Sponsoring Local Organizations and SCS are as follows: Sponsoring Works of Local ImErovement Organizations (percent) Channels 0.00 scs (percent) 100.00 Estimated Engineering Costs (dollars) I ;J~o 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. AGR-3 \''l "·::'V,· ... :: ·,; ·.• . ' ' \ ..... · ' 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 Addr· The , gave CIT :I Add The gov ' ado Sec Oat ti- he· by he or ItS ·nt the of CITY OF AUBURN By __________________________ ___ Local Organization Title ------------------------- Address Zip Code Date ------------------------------ The signing of this agreement was authorized by a resolution of the governing body of the ~C~i~tLy~o~f~A~u~b~u~r~n~--~~--~--~-----------------­ Local Organization adopted at a meeting held on --------------------------------------------- Secretary, Local Organization Date CITY OF KENT Local Organization Address Zip Code Adciress Zip Code By ____________________________ _ Title ------------------------------ Date ------------------------------- The signing of this agreement was authorized by a resolution of the governing body of the _C_i_ty~o __ f_K_e_n_t __ ~--~~--~--~-----------------­ Local Organization adopted at a meeting held on -------------------------------~~---------- Secretary, Local Organization Date ---------------------------- Address Zip Code ·. .::1•. "' '· . ' -~. .. · ''', .. ~-, ============================================ . · .. ):..·. .. .;:~ ~ ... CITY OF RENTON By __________________________ __ Local Organization Title -------------------------------- Address Zip Code Date ------------------------------- The signing of this agreement was authorized by a resolution of the governing body of the _C_i_t~y __ o_f __ R_c_n_t~o~n~--~~--~--~------------------­ Local Organization adopted at a meeting held on -------------------------------------------- Secretary, Local Organization Date ---------------------------- AGR-5 Address Zip Code :~ : t,~,.yl ·. ·/·.· ,:, ••• 11;. ' :f . . ,, ;, .. ., . CITY OF TUKWILA Local Organization Title ---------------------------- .:-1 •.. :· Address Zip Code Date ----------------------------- The signing of this agreement was authorized by a resolution of·the governing body of. the City of Tukwila ~ Local Organization 1-_L ·'' adopted at a meeting held on ________________________________________ __ Secretary, Locul Organization Date --------------------------- KING COUNTY CONS. DISTRICT Local Organization Address Zip Code Address Zip Code ·1 .. :~. By __________________________ __ Title ---------------------------- Date ----------------------------- The signing of this agreement was authorized by a resolution of the governing body of the King County Conservation District adopted at a meeting held on Local Organization ; i ----------------------~------------------ Sccret~ry, Local Organization Date --------------------------- Address Zip Codt GREEN RIVER FLOOD CON. ZONE DIST. By ------------------------------Local Organization Title ---------------------------- Address Zip Code Date --~~------~--~----~~--The signing of this agreement was authorized by a resolution of the governing body of the Green River Flood Control Zone District Local Organization adopted at a meeting held on ----------------------------------------- Secretary, Local Organization Date --------------------------- AGR-6 Address Zip COd ,f the Zip Code of the Zip Code of the Zip Code COUNTY OF KING Local Organization Address Zip Code adopted at a meeting held on ________________________________________ ___ Secretary, Local Organization Address Date ---------------------------- Appropriate and careful consideration has been statement prepared for this project and to the .j. p,,..: ~ given to the environmental .~~· . . t' thereof. · environmental aspects · . .J·~·t! . ~~ J' . '. Soil Conservation Service United States Department of Agriculture Approved by: State Conservationist Date AGR-7 . . Jf;{ ~ ' ~ . .. _,. :.i:• I .C, .. ..... 'l :.. ~' I ,• .. , ·'· .·. .. , '. ; .. ~~I ...... . . e Gr~en River Basin Program Mr. Lynn A. Brown State Conservationist USDA Soil Conservation Service Room 360 U.S. Courthouse Spokane, Washington 99201 Dear Mr. Brown: December , 1979 The local sponsors of the East Side Green River Watershed have reviewed the July 1978 Revised Watershed Plan developed under authority of Public Law 566. 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 improve~ent for the P-1 channel from South l80th Street to the P-1 pump plant incorporate design modifications as presented conceptually in Alternative 4 of the October 1979 Brown and Caldwell studies. These modifications have been reviewed by the Green River Basin Technical and Basin Executive Committees. Appropriate and careful consideration has been given to all aspects of the design changes, and a determination made that these modifications are preferred and have local acceptance. ! As project sponsors, the undersigned parties herein agree to become signatories of the July 1978 Revised Watershed Plan, as amended, when written confirmation is provided by the Soil Conservation Service that the exception described above is acceptable. King County Auburn Kent Renton Tukwila K. C. Conservation District f CITY OF AU!3URt~ By local Organization Tit 1 e ---------------------------------- Address Zip Code Datc __ ~~------~--~---.~~-------­Thc signing of this agreement was authorized by a resolution of the governing body of the ~C~i~t~y~o~f~A~u~b~u~r~n~----~~--~~--~--------------------­ Local Organization adopted at a meeting held on Secretary, local Organization Address Zip Code Date CITY OF KENT By ________________________________ _ local Organization Title ---------------------------------- Address Zip Code Date --~~--------~~----~~---------The signing of this agreement was authorized by a resolution of the governing body of the City of Kent ~~~~~~~--~--~~--~~--~---------------------Local Organization adopted at a meeting held on ------------------------------------------------- Secretary, Local Organization Address Zip Code Date ----------------------------- CITY OF RENTON By ________________________________ _ Local Organization Tit I e ---------------------------------- Address Zip Code Date --~~--------~~----~~---------The signing of this agreement was authorized by a resolution of the governing body of the City of Renton ~~~--~~~~~--~~----~--~---------------------Local Organization adopted at a meeting held on ------------------------------------------------- Secretary, Local Organization Address Zip Code Date ----------------------------- -2- .,• ; I . : .. · ... :~. .. '.: .... •' I~ '•). I t ' 0 •• ~·'~ ~\ .. ··''·. :.· :·;-:~· .. :;i::· ....... .. ··, ~;,. ·. o I ~·: '• ·:· ·. ... . ' v,.:.~~~~?~·· ~:=~~~!i:of .• ..... • ' ...... .. .. . · .... -:-. ·., ', -.... . · .. · ·.:. ... . ··~:~. ··: .. ::<'" . . · ..... . . . • .•• ·.i.. :~ ~ .. :· .. · .. :·: .. ..... ··. ... :.·· ... · •, .. ,~ OF TUK\IILA By Local Organizotion Title ---------------------------------- Address Zip CoJe Date --~~--------~~----~~---------The signing of this agreement was authorized by a resolution of the governing body of the City of Tukwila ~~~--~~--~----~~----~--~---------------------Local Organization adopted at a meeting held on ________________________________________________ _ Secretary, local Organization Address Zip_ Code Date ----------------------------- KII~G COUnTY CONS. DISTRICT By ________________________________ ___ Local Organization Title ---------------------------------- Address Zip Code Date --------------~~----~~---------The signing of this agreement was authorized by a resolution of the governing body of the King County Conservation District Local Organization Adopted at a meeting held on ------------------------------------------------- Secretary, local Organization Date ----------------------------- GREEN RIVER FLOOD CON. ZONE DIST. Local Organization Address Zip Code Address .. Zip Code I By ________________________________ ___ Title ---------------------------------- Date ----~--------~~----~~---------The signing of this agreement was authorized by a resolution of the governing body of the Green River Flood Control Zone District Local Organization adopted at a meeting held on ________________________________________________ _ Secretary, Local Organization Address Zip Code Date ----------------------------- -3- .,, · ... : ... · • .. · By Local Organ zutlon Tit 1 c ---------------------------------- Zip Code Date ----------------------------------- The signing of this agreement wus authorized by a resolution of the governing body of the County of King ~--~------~~~--~~--~~--~---------------------Local Organization adopted at a meeting held on ------------------------------------------------- S~cretary, Local Organization Address Zip Code Date ----------------------------- -4- ~:~:~f;J~~~-~. 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