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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