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WHEREAS, the above City plans and programs have been the subject of prior SEPA <br /> compliance, including public and interagency notice and opportunity to comment, which appeal <br /> periods have expired, and the Use Agreement provides for appropriate subsequent site specific <br /> SEPA review as part of the project permitting process; and <br /> WHEREAS, the replacement outfall is a special, unique facility to which special conditions <br /> apply; and <br /> WHEREAS, there is no market,there are no vendors, there are no other suppliers, and only <br /> Kimberly-Clark is situated to provide the City with effluent discharge capacity into Port Gardner <br /> Bay; <br /> NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br /> EVERETT that: <br /> (1) Competitive bidding requirements for construction and/or purchase of treated effluent <br /> discharge capacity in Port Gardner Bay be and hereby are waived because there is only one <br /> source of supply, i.e., Kimberly-Clark Tissue Company,the outfall is a special facility and is <br /> unique, and there is no other entity or provider with whom the City can share the cost of the <br /> outfall; and <br /> (2) The Mayor is hereby authorized to execute the Agreement in a form substantially similar to <br /> that attached hereto as Exhibit A, and such other subsidiary or secondary documents that may be <br /> reasonably necessary to effect and implement the Agreement. <br /> Councilman Introducing Resolution <br /> Council 'restent <br /> Passed and approved this5t}tlay of May , 1999 <br /> Page 3 of 3 <br />