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The City of Seattle
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An ordinance relating to the City Light Department; authorizing the General Manager and Chief Executive Officer of City Light or designee to execute the First Amendment to Boundary Hydroelectric Project Relicensing Settlement Agreement and other related agreements for amending the Federal Energy Regulatory Commission License for the Boundary Hydroelectric Project; and ratifying and confirming certain prior acts.
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Recitals:
The Boundary Hydroelectric Project, Federal Energy Regulatory Commission (FERC) No. 2144 (the “Boundary Project”) is owned and operated by the City of Seattle, City Light Department.
In March 2010 the City entered into the Boundary Project Relicensing Settlement Agreement (Settlement Agreement) with the Bureau of Indian Affairs, the National Park Service, the US Fish and Wildlife Service, the Kalispel Tribe, the Washington State Department of Fish and Wildlife, the Washington State Department of Ecology, the Public Utility District of Pend Oreille County, Washington, the Selkirk Conservation Alliance and American Whitewater (the Parties).
On March 20, 2013 FERC approved the Settlement Agreement in its Order Issuing New License (License).
The Department has engaged and collaborated with the Parties and other interested groups on the potential amendment of certain provisions of the License relating to certain habitat projects, fish entrainment mortality, and the conservation fish hatchery, and to discuss a potential off-license agreement for related matters.
The Parties believe that revisions to the Settlement Agreement and License articles will substantially improve conditions for native salmonid fish in Pend Oreille basin.
It is in the best interest of the City and ratepayers that the City to amend the Settlement Agreement and License for the Project as agreed to by the Parties. Therefore,
Be it ordained by The City of Seattle as follows:
Section 1. The General Manager and Chief Executive Officer of the City Light Department (GM/CEO), or designee, is authorized to execute the First Amendment to Boundary Hydroelectric Project Relicensing Settlement Agreement substantially in the form attached to this ordinance as Attachment A, for purposes of obtaining an amended license from the Federal Energy Regulatory Commission to operate the Boundary Hydroelectric Project.
Section 2. The GM/CEO, or designee, is further authorized to enter into related agreements that in the GM/CEO’s view best meet the needs of the City Light Department and that are reasonably necessary to implement the amended Settlement Agreement or to secure an amended license for the Project from the Federal Energy Regulatory Commission.
Section 3. Any act consistent with the authority of this ordinance taken after its passage and prior to its effective date is ratified and confirmed.
Attachments:
Attachment A - First Amendment to Boundary Hydroelectric Project Relicensing Settlement Agreement
Attachment 1 - Interlocal Agreement for the Second Species Fund and Regional Fishery Benefits
Attachment 2 - Illustration of Revisions to Settlement Agreement
Attachment 3 - Illustration of Revisions to Proposed License Articles: Appendix E to 2013 License Order
Exhibit 1 - Revised Proposed License Articles
Exhibit 2 - U.S. Forest Service Draft Section 4(e) Terms & Conditions
Exhibit 3 - U.S. Dept of the Interior Revised Amended Preliminary Conditions, Recommendations, and Prescriptions
This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council and signed in open session in authentication of its passage on .
President of the City Council
on .
Katie B. Wilson, Mayor
Scheereen Dedman, City Clerk