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11, <br /> 1•14 <br /> %/eTimmAl". <br /> RESOLUTION No. 4 7 5 6 W1 <br /> A RESOLUTION AUTHORIZING AN AGREEMENT WITH KIMBERLY-CLARK TISSUE <br /> COMPANY FOR PURCHASE OF CAPACITY IN A NEW PORT GARDNER BAY <br /> OUTFALL TO REPLACE THE CITY'S EXISTING OUTFALLS IN THE SNOHOMISH <br /> RIVER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT <br /> WHEREAS,the Kimberly-Clark("K-C") Mill needs to replace and upgrade its existing forty- <br /> six year old deep water effluent Outfall and desires to minimize future discharges to the inner <br /> harbor and nearshore environment of Port Gardner Bay; and <br /> WHEREAS, K-C proposes to install pollution control and water conservation facilities at its <br /> pulp and paper mill; and <br /> WHEREAS, the City's Public Works Department requires improvements to its sewage <br /> treatment system to minimize future discharges from the POTW into the Snohomish River and <br /> Estuary; and <br /> WHEREAS, pursuant to a Memorandum of Understanding ("MOU") dated August 15, 1997 <br /> the City and K-C agreed to examine the feasibility of K-C constructing a deep water Outfall in <br /> Port Gardner Bay to replace K-C's existing Outfall and to convey, pump and discharge effluent <br /> from both the K-C Mill and from the City's POTW, including POTW effluent used for non- <br /> contact cooling water at the K-C Mill; and <br /> WHEREAS, the MOU contemplated that K-C will construct, own and operate the Joint Use <br /> Facilities, and that the City and K-C will jointly have rights to the use of these facilities through <br /> this Agreement; and <br /> WHEREAS, as contemplated by the MOU, K-C and the City considered feasibility studies, <br /> including a project engineering report; and <br /> WHEREAS, K-C desires to construct and operate the Joint Use Facilities; and <br /> WHEREAS, K-C desires to sell, and the City desires to purchase, forty-nine and one half <br /> percent(49.5%) of the Capacity of the Joint Use Facilities to serve current and projected future <br /> public needs and effluent discharge from the POTW; and <br />