Resolution 4756 - Laserfiche WebLink

WHEREAS, the City has experience in successful construction and operation of outfalls for wastewater effluent and stormwater and has the right under this Agreement to complete the construction of, or subsequently to assume operational control over, the Port Gardner Bay Outfall, should K-C or any successor interest be unable or unwilling to do so; and WHEREAS, the Agreement further minimizes risks to the City, including requiring agreement on a Construction Budget and prior agreement on any substantial cost increases and by providing for a management coordination and policy oversight committee to ensure accountability by K-C during construction and operation of the Joint Use Facilities; and WHEREAS, for purposes of RCW Chap. 30.04, the project consists of the construction of the Port Gardner Outfall Replacement Project; and WHEREAS, the municipal water quality, industrial, shorelands, and other sections of the State of Washington Department of Ecology have expressed support for the concept, and concurred with the City serving as lead agency under SEPA; and WHEREAS, K-C and the City have consulted with other governmental bodies and the public before entering into this Agreement to proceed with the further design and construction of the Joint Use Facilities; and WHEREAS, the development of independent facilities by the Participants would result in unnecessary additional costs to the public, wasteful duplication, and additional environmental impacts; and WHEREAS, the completed Joint Use Facilities will provide significant benefits to the City and to the environment, including protection of habitat used by salmon and other species, improvement of water quality, prevention of pollution, conservation of water, avoidance or mitigation of the impacts on environments from the discharge of treated industrial and municipal effluent and multiple construction projects in the aquatic environment, and reduction of the cost to both parties of necessary capital improvements by avoidance of duplicate engineering, construction and operating expenditures; and WHEREAS, the proposed project is consistent with and implements previously-approved functions and programs of the City, including the City's updated Comprehensive Plan Capital Facilities Element, Capital Improvement Program, and Comprehensive Sewer Plan, which identified the project as the preferred alternative and includes funds in the current six-year capital program as described in Ordinance No. 2379-99 for the City to utilize the replacement outfall planned for construction by Kimberly-Clark; and Page 2 of 3