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HomeMy WebLinkAboutCity of Pacific - Sanitary SewerRESOLUTION NO. 4 3 3 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING SANITARY SEWER SERVICE BOUNDARIES BETWEEN THE CITY OF AUBURN AND THE CITY OF PACIFIC WHEREAS, pursuant to RCW 35A.11.040 and RCW 35A.21.150 the City of Auburn ("Auburn") and the City of Pacific ("Pacific") have the authority to exercise a wide variety of municipal powers, including providing sewer service; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Pacific have the legal authority to cooperate with other localities on the basis of mutual advantage and provision of municipal services; and WHEREAS, the parties recognize the responsibility of public sanitary sewer utilities to provide efficient and reliable service to their customers at reasonable cost; and WHEREAS, portions of the Auburn sanitary sewer system have been sized and are situated so as to be capable of affording public sanitary sewer service to a portion of Pacific; and WHEREAS, Pacific has evaluated and determined it is in Pacific's best interest to allow Auburn to provide sanitary sewer service to property within Resolution No. 4335 April 29, 2008 Page 1 of 3 Pacific's municipal boundary that lies in the vicinity of Auburn's sanitary sewer infrastructure; and WHEREAS, Auburn has sufficient wastewater conveyance capacity within their sanitary sewer facilities to support these adjustments to the existing sanitary sewer service areas; and WHEREAS, Auburn's delivery of sanitary sewer service to these areas will provide the maximum efficiency in the use of existing and future facilities, together with orderly and efficient sanitary sewer planning. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Interlocal Agreement establishing sanitary sewer service boundaries between the City of Auburn and the City of Pacific, which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4335 April 29, 2008 Page 2 of 3 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. DATED this day of '2008. CITY OF AUBURN r PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP,ROVEU,A,$ TO FORM: niel B. Ham; Ci Resolution No. 4335 April 29, 2008 Page 3 of 3 INTERLOCAL AGREEMENT between CITY OF PACIFIC and CITY OF AUBURN for the THE ESTABLISHMENT OF SANITARY SEWER SERVICE BOUNDARIES THIS AGREEMENT, made and entered into by and between the CITY OF PACIFIC, a Washington municipal corporation (hereinafter referred to as "Pacific"), and the CITY OF AUBURN, a Washington municipal corporation, (hereinafter referred to as "Auburn"), both being duly organized and existing under and by virtue of the laws of the State of Washington, WITNESSETH: WHEREAS, pursuant to RCW 35A.11.040 Auburn and Pacific have the legal authority to exercise their powers and perform any of their functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Pacific have the legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, pursuant to RCW 35A.21.150 Auburn and Pacific have the legal authority to maintain a sewerage system; and WHEREAS, the parties recognize the responsibility of public sanitary sewer utilities to provide efficient and reliable service to their customers at reasonable cost; and WHEREAS, portions of the Auburn sanitary sewer system have been sized and are situated so as to be capable of affording public sanitary sewer service to a portion of Pacific; and WHEREAS, Pacific has evaluated and determined it is in Pacific's best interest to allow Auburn to provide sanitary sewer service to property within Pacific's municipal boundary that lies in the vicinity of Auburn's sanitary sewer infrastructure; and WHEREAS, Auburn has sufficient wastewater conveyance capacity within their sanitary sewer facilities to support these adjustments to the existing sanitary sewer service areas; and Exhibit A Pacific - Auburn Interlocal Agreement for the Resolution No. 4335 Establishment of Sanitary Sewer Service Boundaries Page 1 of 7 WHEREAS, the parties desire to allow Auburn to construct, reconstruct, repair and maintain sewer facilities, and to authorize connections to Pacific's sewer system for service to the areas noted in Attachment "A"; and WHEREAS, Auburn's delivery of sanitary sewer service to these areas will provide the maximum efficiency in the use of existing and future facilities, together with orderly and efficient sanitary sewer planning. NOW, THEREFORE: IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Sewer Service Area. The parties have agreed that Auburn will provide sanitary sewer service to a portion of Pacific as graphically depicted on the map attached hereto as Attachment "A", which is by this reference incorporated herein. Both parties further agree that Auburn, in providing sewer service to the area as shown on Attachment "A", shall be furnishing sewer service to properties within Pacific's water service area and Pacific's municipal jurisdiction in accordance with and subject to the terms and conditions of this Agreement. 2. Management, Regulation and Control of Sewer System. Auburn shall have the sole responsibility and authority to construct, maintain, manage and operate its sewerage system as installed within the areas described in Attachment "A", together with any additions, extensions and betterments thereto. Auburn shall also be responsible for obtaining all necessary governmental franchises, approvals, easements and permits for the installation, maintenance, and operation of said sewerage systems as described above. 3. Rates, Charges, Permits, and Billing Responsibilities. Through this Agreement Auburn will be responsible to own, operate, and maintain the sanitary sewer system including private side sewers within the public right of way. Auburn shall issue certificates of sewer availability when requested by the property owners. No connection or modification shall be made to Auburn's sanitary sewer system and or private side sewer services connected to Auburn's sewer system unless the property owner first pays the associated fees and submits the proper information to obtain an Auburn sanitary sewer permit. Sanitary sewer permits shall be subject to inspection and approval for compliance with Auburn's Sanitary Sewer Standards as adopted at the time the connection is made. The rates charged to Auburn's sanitary sewer customers shall be fixed, altered, regulated and controlled by Auburn pursuant to all applicable laws or regulations promulgated on the subject of rates and charges for sewer service. No surcharge shall be charged to the customers served under this agreement on the sole basis that those customers are outside of Auburn's city limits. Exhibit A Pacific -Auburn Interlocal Agreement for the Resolution No. 4335 Establishment of Sanitary Sewer Service Boundaries Page 2 of 7 To establish a quantitative usage, Pacific shall provide to Auburn the quantity of potable water used by those properties connected to Auburn's sanitary sewer system. Pacific shall provide water usage information every other month to Auburn and Auburn shall send a bill every other month for sewer service. Pacific shall give Auburn the right to read water meters described in Attachment "A" manually if desired by Auburn. Auburn shall also have the ability to annually request water usage data from Pacific for said properties. 4. Boundary Review Board. Pacific and Auburn will, at the time of service through this agreement provide a copy of to the King County Boundary Review Board in accordance with R.C.W. 36.93.090. 5. Comprehensive Sewer Planning. The terms of this Agreement will be included as an element of Auburn and Pacific's Comprehensive Sewerage Plans. 6. , Reliance. Each party hereto acknowledges that the other will rely upon the terms of this agreement in its comprehensive planning to meet the needs of the service area designated herein. 7. Indemnification. Pacific agrees to indemnify and hold Auburn and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, loses, damages or costs, of whatsoever kind or nature, brought against Auburn arising out of, in connection with, or incident to the execution of this agreement and/or Pacific's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of Auburn, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Pacific; and provided further, that nothing herein shall require Pacific to hold harmless or defend Auburn, its agents, employees, and/or officers, from any claims arising from the sole negligence of Auburn, its agents, employees, and/or officers. No liability shall attach to Auburn by reason of entering this agreement except as expressly provided herein. Auburn agrees to indemnify and hold Pacific and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, loses, damages or costs, of whatsoever king or nature, brought against Pacific arising out of, in connection with, or incident to the execution of this agreement and/or Auburn's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of Pacific, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Auburn; and provided further, that nothing herein shall require Auburn to hold harmless or defend Pacific, its agents, employees, and/or officers, from any claims arising from the sole negligence of Exhibit A Pacific - Auburn Interlocal Agreement for the Resolution No. 4335 Establishment of Sanitary Sewer Service Boundaries Page 3 of 7 Pacific, its agents, employees, and/or officers. No liability shall attach to Pacific by reason of entering this agreement except as expressly provided herein. 8. Assignment. The parties shall not assign this agreement or any interest, obligation or duty therein without the express written consent of the other party. 9. Attorney's Fees. If either party shall be required to bring any action to enforce any provision of this Agreement, or shall be required to defend any action brought by the other party with respect to this Agreement, and in the further event that one party shall substantially prevail in such action, the losing party shall, in addition to all other payments required therein, pay all of the prevailing party's reasonable costs in connection with such action, including such sums as the court or courts may adjudge reasonable as attorney's fees in trial court and in appellate courts. 10. Government Approvals. The parties will give notice of the adoption of this Agreement to King County's Department of Natural Resources - Wastewater Treatment Division, to the Department of Health, and to any other agency with jurisdiction or mission relevant to the terms hereof, and shall cooperate and assist in all reasonable manner in procuring any necessary approvals hereof by those agencies. 11. Service Amendments. Any changes to the service areas described herein shall be by mutual agreement. Each party may give permission to the other on a case-by-case basis to provide service by one party into the other party's adjacent or nearby service area based upon considerations of economic efficiency for providing the service with mutual consent of Auburn's Director of Public Works and Pacific's Director of Public Works. 12. Notices. All notices between the two agencies hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: City of Pacific Director of Public Works PO Box 250 100 3rd Avenue SE Pacific, WA 98047 253-833-2741 City of Auburn Director of Public Works 25 west Main Street Auburn, WA 98001 253-931-3010 or to such other representative as either party may hereafter from time to time designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next Exhibit A Pacific - Auburn Interlocal Agreement for the Resolution No. 4335 Establishment of Sanitary Sewer Service Boundaries Page 4 of 7 following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 13. Alteration, Amendment or Modification. Pacific and Auburn hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement upon written agreement of both parties to such alteration, amendment or modification. Such written consent(s) shall be filed with this agreement for future reference. 14. Sanctity of Agreement. This agreement constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other representations or oral agreements other than those listed herein, which vary the terms of this agreement. Future agreements may occur between the parties to transfer additional or future service areas by mutual agreement. 15. Obligation Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of either Pacific or Auburn regarding provision of sewer service, except as specifically set forth herein. 16. Miscellaneous. A. The captions in this agreement are for convenience only and do not in any way limit or amplify the provisions of this agreement. B. This agreement is established in perpetuity. Modifications can be established upon written agreement between both parties. C. The purpose of this agreement is to clarify Pacific and Auburn's sanitary sewer responsibilities for providing service and maintaining public sewer facilities. D. If any term, provision, condition or portion of this Agreement is held to be invalid, or unenforceable by a final decision of any court having jurisdiction on the matter, the remaining of this Agreement or the application of such term or provision to persons or circumstances other then those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless such court determines that invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time Auburn or Pacific shall have the right to terminate the Agreement. E. No modifications or amendments of this agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. Exhibit A Pacific - Auburn Interlocal Agreement for the Resolution No. 4335 Establishment of Sanitary Sewer Service Boundaries Page 5 of 7 IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first above written. CITY OF PACIFIC Approved by Resolution No. 26 regular meeting held on the day of of the City of Pacific, Washington, at its 2008. By: RICHARD HILDRETH, Mayor, City of Pacific Attest: l%cc,C/ ' 6se? SANDY PAUL-LYLE, City Clerk, City of Pacific Appr as to form- ALBERT A ABUAN, City Attorney, City of Pacific CITY OF AUBURN Approved by Resolution No. of the City of Auburn, Washington, at its regular meeting held on the s day of , 2008. By:-,? PETER B. LEWIS, Mayor, City of Auburn Attest: 1 DA LLE DASKAM, City Clerk, City of Auburn Exhibit A Resolution No. 4335 Page 6 of 7 Pacific - Auburn Interlocal Agreement for the Establishment of Sanitary Sewer Service Boundaries Ulty Attorney, Ulty of Auburn 335+10-ODSI 362104'90°° PARCELS TO BE ADDED 885500-00,5 TO AUBURN'S SANITARY ?'s'`0-0080 Q 384101-W73 SEWER SERVICE AREA o AVENUE ??- z w 335440-WW tr 0 e z z o c? x z J L D M vlF?l? C J;, r 4' *019/ WASHINGTON 1 "=200' ATTACHMENT A PACIFIC - AUBURN SANITARY SEWER SERVICE AGREEMENT Exhibit A Resolution No. 4335 Page 7 of 7 CITY OF PACIFIC WASHINGTON cc Pry RESOLUTION NO. 730 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING SANITARY SEWER SERVICE BOUNDARIES BETWEEN THE CITY OF PACIFIC AND THE CITY OF AUBURN WHEREAS, pursuant to RCW 35A.11.040 Pacific and Auburn have the legal authority to exercise their powers and perform any of their functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Pacific have the legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, pursuant to RCW 35A.21.150 Auburn and Pacific have the legal authority to maintain a sewerage system. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC, WASHINGTON, AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Pacific are herewith authorized to execute an Interlocal Agreement establishing sanitary sewer service boundaries between the City of Pacific and the City of Auburn. A copy of said Agreement is attached hereto, as Exhibit "1" and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. PASSED BY THE PACIFIC CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 12TH DAY OF MAY, 2008. CITY 0 FIC Mayor Richard Hildreth ATTEST/AUTHENTICATED: Sandy Paul - Ly e, City Clerk Approved as t orm: Ibert Abuan, City Attorney Filed with the City Clerk: May 1. 2008 Passed by the City Council: May 12, 2008 Resolution No. 730 Effective: May 12, 2008