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AN ORDINANCE authorizing the King County executive to execute an interlocal agreement with the United States Department of Transportation, Federal Highway Administration, Western Federal Lands Highway Division, and the United States Department of Agriculture Forest Service, Mt. Baker-Snoqualmie National Forest, for reconstruction of Middle Fork Snoqualmie River Road; and declaring an emergency.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings.
A. King County currently owns and maintains Middle Fork Snoqualmie River Road, a "forest road" as defined in RCW 76.09.020, located in unincorporated King County.
B. The parties propose to reconstruct 9.7 miles of the road.
C. The reconstruction of the road will be funded by The United States Department of Transportation, Western Federal Lands Highway Division ("FHWA") through the Washington Forest Highway Program ("WFHP") with a capped construction cost of $20 million in 2008 dollars.
D. Preliminary engineering and construction engineering services performed by FHWA, its consultants or other agency contractual agreements will also be funded by WFHP at a capped amount of $5 million.
E. The road will be reconstructed to a two-lane paved facility with improved alignment and grade.
F. The United States Forest Service recently completed the Middle Fork campground. The road, which is part of the federal Forest Highways Program, provides access to the campground.
G. The road is within King County's jurisdiction. The road is currently a gravel road that requires substantial maintenance. The reconstruction of the road will reduce King County's maintenance responsibilities, while providing improved access for King County residents to the campground. King County is granting permission for FHWA to carry out the reconstruction project within King County's right-of-way.
H. Construction is anticipated to take two years.
I. King County is authorized, under chapter 39.34 RCW and Article 11 of the Washington state Constitution, to enter into an interlocal governmental cooperative agreement of this nature. FHWA and USFS are authorized, pursuant to 23 U.S.C. 204, to enter into this agreement.
J. This interlocal agreement must be approved before September 1, 2010 or the $20 million WFHP funding for the project will be reallocated to other non-King County projects.
K. In order to ensure that the WFHP will fund this road improvement project, the executive must be authorized to execute the interlocal agreement before September 1, 2010.
SECTION 2. The King County executive is hereby authorized to execute an interlocal agreement, substantially in the form of Attachment A to this ordinance, with the United States Department of Transportation, Federal Highway Administration, Western Federal Lands Highway Division and the United States Department of Agriculture Forest Service, Mt. Baker-Snoqualmie National Forest, for reconstruction of Middle Fork Snoqualmie River Road. If the parties seek to amend this interlocal agreement as provided by section 7.7, the executive shall obtain council authorization prior to executing any amendment.
SECTION 3. The county council finds as a fact and declares that an emergency exists and that this ordinance is necessary for the immediate preservation of public peace,
health or safety or for the support of county government and its existing public institutions.