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Who gets billed if the Seattle tunnel goes over budget?

by LINDA BRILL / KING 5 News

KING5.com

Posted on October 27, 2009 at 3:53 PM

Updated Tuesday, Oct 27 at 4:59 PM

SEATTLE – If the deep bore tunnel to replace Seattle's Alaskan Way Viaduct goes over budget, who will pay the extra dollars - the city or the state?
Over the weekend, Gov. Chris Gregoire and Mayor Greg Nickels formalized the tunnel agreement. But, there's a legally fuzzy amendment in the paperwork that says Seattle property owners will have to pay for cost overruns.
Can the state force its largest city to pay, and is that amendment legal?
Gregoire isn't concerned because she says the tunnel budget has been padded.
"We've already put in a 30 percent cushion for reserve and risk. We'll get it done so there's no need to talk about that," said Gregoire.
Rep. Judy Clibborn, D-Mercer Island, who wrote the amendment, knew at the time she put it in that it wouldn't stand up in court.
"There is no legal standing in that wording in that amendment," said Clibborn.
Both mayoral candidates, Mike McGinn and Joe Mallahan, say they'll work to kill the amendment if elected. The top lawyer in the state has privately told some lawmakers the amendment isn't enforceable. But, Attorney General Rob McKenna will not publicly state that in case he has to defend it someday.
So, when construction starts in 2012, it's not totally clear what the tunnel will cost or who will pay if the people who wrote the budget are wrong.
Also keep in mind that the tunnel is a state highway – a continuation of State Route 99. If the city is forced to pay the overruns, it could argue it is not legally obligated to build state roads.
 

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Comments: Displaying 1 - 10 of 10

Anonymous said on October 28, 2009 at 8:18 AM

We'll get it done so there's no need to talk about that," said Gregoire. Reminds me of another famous quote from her. " Now is not the time to talk about new taxes." What a joke you are! and your ruining this great state.

31225893
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Anonymous said on October 28, 2009 at 8:18 AM

We'll get it done so there's no need to talk about that," said Gregoire. Reminds me of another famous quote from her. " Now is not the time to talk about new taxes." What a joke you are! and your ruining this great state.

31225868
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Anonymous said on October 28, 2009 at 7:18 AM

"Gregoire isn't concerned" WHY?? Because she won't be re-elected!!!!!!!! And when the tunnel dosen't work out, they can always dump all of the garbage that will be shipped from Hawaii.

31222152
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Anonymous said on October 27, 2009 at 11:38 PM

"IF' it goes over budget,,,, ya right wheres the if in that one........

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Anonymous said on October 27, 2009 at 9:40 PM

we did not vote for her - we voted for the other idiot. she got in because they stopped counting votes as soon as they came up with a count that favored her. If it had favored rossi, they would still be counting.

31204978
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Anonymous said on October 27, 2009 at 9:25 PM

Hmmm, saw the video of the viaduct collapsing...wonder what would happen if a deep bore tunnel colapsed. 10 times the deaths...3 times the cost. Think Seattle!!!!

31204688
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jimmyboboreiley said on October 27, 2009 at 7:22 PM

"Gregoire isn't concerned", ya gotta love that comment. She really cares about those who elected her. Good job on the vote, brainwashed sheep, she's taking care of you!

31201232
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ruba61 said on October 27, 2009 at 6:03 PM

Glad i don't live in expensive Seattle!!!

31198443
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bazwest said on October 27, 2009 at 4:46 PM

Seattle property owners get ready to pay one way or another.

31195582
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Anonymous said on October 27, 2009 at 4:24 PM

The governor has already told everybody the state and her office will pick up the tab for the mistake. Thanks for being so generous. Send her the bill!!!!!!!!!!!!

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