HomeMy WebLinkAbout000291 Original ContractOperation of Sewer
Agreement
Between
The City of Port Angeles
and
The Lower Elwha Klallam Tribe
ORIGINAL
This A g r e e m e n t is entered into this I SI" day of &f6►2A 2012 by and between
the CITY OF PORT ANGELES "the City and THE LOWER ELWHA KLALLAM TRIBE
"the Tribe
RECITALS
WHEREAS, the City and the Tribe entered into an Easement Agreement dated January 5,
2010 granting two temporary easements from the City to the Tribe for construction of a Tribal
wastewater line over the Industrial Pipeline property and Milwaukee Grade up to Lower Elwha
Road, and construction of a roadbed and appurtenances for the Elwha Valley Road up to the
Lower Elwha Road. That Agreement is incorporated by this reference and may hereafter be
referred to as "the Agreement and
WHEREAS, the Agreement set out conditions that needed to be completed before the
Tribe could commence regular operation of the sewer connection; and
WHEREAS, the sewer construction is now complete, its operation and function are
acceptable to the City.
NOW, THEREFORE, in consideration of the mutual benefits derived by entering into
this Agreement and for other good and valuable consideration, the Tribe and City agree as
follows:
1. The City grants the right to the Tribe to commence operation of the sewer with the
following conditions:
a. Prior to operation of the system, in accordance with section 3 g of the 30 May
2007 Wastewater Agreement, the Tribe shall adopt and impose on its wastewater
system, pretreatment standards at least as stringent as those adopted by the City
b. Prior to operation of the system, the Tribe shall pay to the City the Milwaukee
connection charges per section 3 e 2 of the 30 May 2007 Wastewater Agreement;
and
c. The Tribe shall cooperate with the National Park Service and the City to transfer
to the City ownership of those portions of the system within City limits.
Page 1
2. All provisions of the 2007 Wastewater Agreement between the City and the Tribe
with amendment number 1 is ratified and confirmed.
CITY OF PORT ANGELES
Approved as to form:
William E. Bloor, Ci y Attorney
LOWER ELWHA KLALLAM TRIBE
By. 1 r,bt,f,\
Attest:
ssa Hurd, City Clerk
G \LEGAL \a AGREEMENTS &CONTRACTS\2012 AGRMTS &CONTRACTS \City-LEKT Sewer Operation 1 26 12 doe
Page 2
Resolution 19 -12
ORIGINAL
Government to Government; Operation of Sewer Agreement Between The City of Port Angeles and The
Lower Elwha Klallam Tribe
WHEREAS, the Lower Elwha Community Council is the governing body of the Lower Elwha Klallam Tribe in
accordance with the Treaty of Point -No- Point, January 26, 1855, the Tribe's Constitution and Bylaws, approved
by the Secretary of the Interior on April 29, 1968, pursuant to the Indian Reorganization Act .of June 18, 1934;
and
WHEREAS, the Business Committee of the Lower Elwha Community Council is the duly elected
representative body of the Tribe, and is responsible for ensuring the Health, Safety, Education, Welfare, and
Social and Economic Development, Natural Resources, Law and Order, Judicial Services, Housing and to
preserve and protect Culture and Treaty Rights, and otherwise promote the interests of our Indian people; and
WHEREAS, under Article IV, Section 1 of the Constitution, the Tribe possesses broad governmental authority
to manage tribal lands for the benefit of the Tribe, Sections 1(b) and (c), and to enter into agreements with other
governments, including the United States, Section 1(a), and to authorize the use of tribal property for public
purposes, Section 1(b); and
WHEREAS, resolution 32A -10 approved the agreement governing the Construction and Transfer of Tribal
Wastewater System within and outside the Boundaries of the Lower Elwha Reservation Between the Lower
Elwha Klallam Tribe and the National Park Service; and
WHEREAS, resolution 33 -10 approved Amendment no 1 to the Wastewater Agreement between the City of
Port Angeles, and the Lower Elwha Klallam Tribe dated May 25, 2007; and
WHEREAS, the City and the Tribe entered into an Easement Agreement dated January 5, 2010 granting two
temporary easements from the City to the Tribe for construction of a Tribal wastewater line over the Industrial
Pipeline property an Milwaukee Grade up to the Lower Elwha Road, and construction of a roadbed and
appurtenances for the Elwha Valley Road up to the Lower Elwha Road. That Agreement is incorporated by this
reference and may hereafter be referred to as "the Agreement and
WHEREAS, the construction of the wastewater system is approximately 76 percent complete. The first home to
connect to the wastewater system is scheduled for March 13, 2012.
WHEREAS, the Agreement set out conditions that need to be completed before the Tribe could commence
regular operation of the sewer connection; and
THEREFORE BE IT NOW RESOLVED THAT, the lower Elwha Business Committee hereby authorizes and
approves the operation of sewer agreement between the City of Port Angeles and the Lower Elwha Klallam
Tribe, and authorizes and directs the Tribal Chairperson or her authorized representative to execute this
agreement on behalf of the Tribe.
THEREFORE BE IT NOW RESOLVED THAT, the Tribe adopts and imposes on the wastewater system,
pretreatment standards (Chapter 13.06 Port Angeles Municipal Code) at least as stringent as those adopted by
the City, as agreed to in section 3 (g) (page 4) of the Lower Elwha Klallam Tribe and city of Port Angeles sewer
agreement dated May 25, 2007.
Frances G. Charles, Chairperson
Certification
The foregoing Resolution 19 -12 was presented to the Lower Elwha Community Council without a quorum, and
the Lower Elwha Business Committee with a quorum present on March 12, 2012 voted to adopt Resolution 19-
12 by a vote of 3 for; against, and abstaining.
Frances G. Charles, Chairperson Council Member
[Alternate] Certification
The foregoing Resolution 19 -12 was noticed on the agenda for a regular monthly meeting of the Lower Elwha
Community Council, to be held on March 12, 2012, which agenda was distributed to the membership in the
customary manner by enclosure in the March, 2012, Tribal Newsletter, with the intent to present to the
Community Council for action on that date, but with no quorum of the Community Council present on that date,
this Resolution No. 19 -12 was duly presented to the Lower Elwha Klallam Tribal Business Committee on
March 12, 2012, at a duly called and noticed meeting, with members present, constituting a quorum, and
was approved by a vote of 3 for; "N against, and abstaining.
Council Member