HomeMy WebLinkAbout11-19-2012 Agenda Modification
Memorandum
Engineering Division
To: Public Works Committee
From: Dennis Dowdy, Public Works Director
CC: Mayor
City Clerk
Councilmembers
Dan Heid, City Attorney
Shelley Coleman, Finance Director
Dennis Selle, City Engineer/Assistant Director
Ingrid Gaub, Assistant City Engineer
Date: November 15, 2012
Re: Agenda Modification for the November 19, 2012 Public Works Committee Meeting
This modification transmits the following agenda item(s):
III. ORDINANCE
A. Ordinance No. 6439 (Dowdy)
An Ordinance of the City Council of the City of Auburn, Washington, Adding
New Section 8.08.175, 8.08.182, 8.08.183, 8.08.184, 13.06.355, 13.06.364,
13.06.366, 13.06.438, 13.20.438, 13.20.444, 13.20.448, 13.48.085,
13.48.094, 13.48.096, 13.48.098 of the Auburn City Code Relating to Utility
Classifications
IV. RESOLUTIONS
B. Resolution No. 4883 (Dowdy)
A Resolution of the City Council of the City of Auburn, Washington,
Authorizing the Mayor and City Clerk to Enter Into a Master
Agreement/Provisions for Municipal Utility Services on Trust Lands
V. DISCUSSION
I. Resolution No. 4882 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington,
Requesting Congress to Stop Federal Budget Sequestration from Going
into Effect
VI. ADJORNMENT
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 6439 Code Revisions Date:
November 19, 2012
Department:
Public Works
Attachments:
Ordinance No. 6439
Budget Impact:
$ 0
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6439
Background Summary:
Ordinance No.6439 amends City Code to provide mechanisms for establishing new classes of utility
customers where properties are not lienable and provides collection procedures for said properties. Non-
lienable properties include federal and tribal trust lands.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Wagner Staff: Dowdy
Meeting Date: : November 19, 2012 Item Number:
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Ordinance No. 6439
November 14, 2012
Page 1 of 8
ORDINANCE NO. 6 4 3 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, ADDING NEW SECTION
8.08.175, 8.08.182, 8.08.183, 8.08.184, 13.06.355,
13.06.364, 13.06.366, 13.06.438, 13.20.438, 13.20.444,
13.20.448, 13.48.085, 13.48.094, 13.48.096, 13.48.098
OF THE AUBURN CITY CODE RELATING TO UTILITY
CLASSIFICATIONS
WHEREAS, the current provisions of the Auburn City Code provide for
mechanisms that accommodate collection in normal cases, but which do not
provide convenient collection procedures where the property is not lienable, i.e.
owned by the federal government or an Indian tribe; and
WHEREAS, in order to address the utility need for properties that are not
lienable and provide the City with a mechanism for security of its utility services,
it is appropriate to add new classes of utility customers for those non-lienable
properties, whereby utility deposits would substitute for other enforcement
mechanisms.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 8.08.175 of
the Auburn City Code be and the same hereby is added to read as follows:
8.08.175 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers
receiving solid waste utility services are receiving such services at property for
which the City has the right to lien the property for non-payment of utility
services. The utility rates for such customers shall be as set forth in Section
8.08.180 of the City Code.
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Ordinance No. 6439
November 14, 2012
Page 2 of 8
Section 2. Amendment to City Code. That section 8.08.182 of
the Auburn City Code be and the same hereby is added to read as follows:
8.08.182 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the
customers receiving solid waste utility services are receiving such services at
property for which the City does not have the right to lien the property for non-
payment of utility services. The utility rates for such customers shall be as set
forth in Section 8.08.180 of the City Code; Provided that the City can also collect
a Utility Services Deposit as described as follows:
1. The dollar amount of Four (4) months of the current solid waste rate
for level of service requested; and
2. The sum of the current rate for three (3) late fees, per City Code.
B. For the purposes hereof, “non-lienable property” means property
which is owned or held by a governmental or non-governmental entity in such a
way that it is immune from utility lien collection efforts of the City.
Section 3. Amendment to City Code. That section 8.08.183 of
the Auburn City Code be and the same hereby is added to read as follows:
8.08.183 Waiver of deposit for non-lienable property class of utility customers
- Appeal.
A. In connection with the Utility Services Deposit for the non-lienable
property class of utility customers as described in Section 8.08.182 of the City
Code, the Finance Director is authorized to grant a full or partial waiver to said
utility customer from the deposit requirement where special humanitarian or
health circumstances exist with respect to said utility customer’s receipt of utility
services. The Finance Director shall have the sole discretion to grant such
waivers, and determine if they shall be full or partial waivers where such
circumstances are found by the Finance Director to exist. If the waiver is granted,
no deposit or only a reduced deposit shall be required.
B. If any person or entity has applied for a waiver of the Deposit
requirement and has been denied the requested waiver, such person or entity
may appeal the decision denying the requested waiver by filing with the City
Clerk a notice of appeal, which notice of appeal must be received by the City
Clerk within thirty (30) days of the decision denying the requested waiver. The
Appeal shall be based solely on whether special humanitarian or health
circumstances exist with respect to the utility customer’s receipt of utility services,
and shall be heard by a panel of department directors of the City (excluding the
Financer Director) appointed by the Mayor. The decision of the panel of
department directors shall be final, and no further appeals shall be allowed.
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Ordinance No. 6439
November 14, 2012
Page 3 of 8
Section 4. Amendment to City Code. That section 8.08.184 of
the Auburn City Code be and the same hereby is added to read as follows:
8.08.184 Regulations and requirements same for both classes of utility
customers.
Other than the utility rates and deposits set forth in Sections 8.08.175
through 8.08.183 of the City Code, all other regulations and requirements in this
Chapter of the City Code shall be the same for all classes of utility customers,
unless the context of the provisions clearly indicates otherwise.
Section 5. Amendment to City Code. That section 13.06.355 of
the Auburn City Code be and the same hereby is added to read as follows:
13.06.355 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers
receiving water utility services are receiving such services at property for which
the City has the right to lien the property for non-payment of utility services. The
utility rates for such customers shall be as set forth in Section 13.06.360 of the
City Code.
Section 6. Amendment to City Code. That section 13.06.364 of
the Auburn City Code be and the same hereby is added to read as follows:
13.06.364 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the
customers receiving water utility services are receiving such services at property
for which the City does not have the right to lien the property for non-payment of
utility services. The utility rates for such customers shall be as set forth in Section
13.06.360 of the City Code; Provided that the City can also collect a Utility
Services Deposit as described as follows:
1. The dollar amount of Four (4) months of the current water base rate
plus the cost of estimated measure of ccf’s (commodity use) during this time
frame; and
2. The sum of the current rate for three (3) late fees, one (1) shut off
fee, and one (1) meter removal fee.
B. For the purposes hereof, “non-lienable property” means property
which is owned or held by a governmental or non-governmental entity in such a
way that it is immune from utility lien collection efforts of the City.
Section 7. Amendment to City Code. That section 13.06.366 of
the Auburn City Code be and the same hereby is added to read as follows:
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Ordinance No. 6439
November 14, 2012
Page 4 of 8
13.06.366 Waiver of deposit for non-lienable property class of utility customers
- Appeal.
A. In connection with the Utility Services Deposit for the non-lienable
property class of utility customers as described in Section 13.06.364 of the City
Code, the Finance Director is authorized to grant a full or partial waiver to said
utility customer from the deposit requirement where special humanitarian or
health circumstances exist with respect to said utility customer’s receipt of utility
services. The Finance Director shall have the sole discretion to grant such
waivers, and determine if they shall be full or partial waivers where such
circumstances are found by the Finance Director to exist. If the waiver is granted,
no deposit or only a reduced deposit shall be required.
B. If any person or entity has applied for a waiver of the Deposit
requirement and has been denied the requested waiver, such person or entity
may appeal the decision denying the requested waiver by filing with the City
Clerk a notice of appeal, which notice of appeal must be received by the City
Clerk within thirty (30) days of the decision denying the requested waiver. The
Appeal shall be based solely on whether special humanitarian or health
circumstances exist with respect to the utility customer’s receipt of utility services,
and shall be heard by a panel of department directors of the City (excluding the
Financer Director) appointed by the Mayor. The decision of the panel of
department directors shall be final, and no further appeals shall be allowed.
Section 8. Amendment to City Code. That section 13.06.368 of
the Auburn City Code be and the same hereby is added to read as follows:
13.06.368 Regulations and requirements same for both classes of utility
customers.
Other than the utility rates and deposits set forth in Sections 13.06.355
through 13.06.366 of the City Code, all other regulations and requirements in this
Chapter of the City Code shall be the same for all classes of utility customers,
unless the context of the provisions clearly indicates otherwise.
Section 9. Amendment to City Code. That section 13.20.438 of
the Auburn City Code be and the same hereby is added to read as follows:
13.20.438 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers
receiving sewer utility services are receiving such services at property for which
the City has the right to lien the property for non-payment of utility services. The
utility rates for such customers shall be as set forth in Section 13.20.440 of the
City Code.
--------------------------------------
Ordinance No. 6439
November 14, 2012
Page 5 of 8
Section 10. Amendment to City Code. That section 13.20.444 of
the Auburn City Code be and the same hereby is added to read as follows:
13.20.444 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the
customers receiving sewer utility services are receiving such services at property
for which the City does not have the right to lien the property for non-payment of
utility services. The utility rates for such customers shall be as set forth in Section
13.20.440 of the City Code; Provided that the City can also collect a Utility
Services Deposit as described as follows:
1. The dollar amount of Four (4) months of the current City sewer rate
and King County Wastewater treatment rate based upon the level of service.
Non single family services will base deposit on the base rate plus flow rates.
Estimated flow rate will be calculated from the estimated measure of ccf’s used
to calculate the water portion of the deposit; and
2. The sum of the current rate for three (3) late fees per City Code,
and one (1) shut off fee and one (1) meter removal fee if applicable.
B. For the purposes hereof, “non-lienable property” means property
which is owned or held by a governmental or non-governmental entity in such a
way that it is immune from utility lien collection efforts of the City.
Section 11. Amendment to City Code. That section 13.20.446 of
the Auburn City Code be and the same hereby is added to read as follows:
13.20.446 Waiver of deposit for non-lienable property class of utility customers
- Appeal.
A. In connection with the Utility Services Deposit for the non-lienable
property class of utility customers as described in Section 13.20.444 of the City
Code, the Finance Director is authorized to grant a full or partial waiver to said
utility customer from the deposit requirement where special humanitarian or
health circumstances exist with respect to said utility customer’s receipt of utility
services. The Finance Director shall have the sole discretion to grant such
waivers, and determine if they shall be full or partial waivers where such
circumstances are found by the Finance Director to exist. If the waiver is granted,
no deposit or only a reduced deposit shall be required.
B. If any person or entity has applied for a waiver of the Deposit
requirement and has been denied the requested waiver, such person or entity
may appeal the decision denying the requested waiver by filing with the City
Clerk a notice of appeal, which notice of appeal must be received by the City
Clerk within thirty (30) days of the decision denying the requested waiver. The
Appeal shall be based solely on whether special humanitarian or health
circumstances exist with respect to the utility customer’s receipt of utility services,
and shall be heard by a panel of department directors of the City (excluding the
--------------------------------------
Ordinance No. 6439
November 14, 2012
Page 6 of 8
Financer Director) appointed by the Mayor. The decision of the panel of
department directors shall be final, and no further appeals shall be allowed.
Section 12. Amendment to City Code. That section 13.20.448 of
the Auburn City Code be and the same hereby is added to read as follows:
13.20.448 Regulations and requirements same for both classes of utility
customers.
Other than the utility rates and deposits set forth in Sections 13.20.438
through 13.20.446 of the City Code, all other regulations and requirements in this
Chapter of the City Code shall be the same for all classes of utility customers,
unless the context of the provisions clearly indicates otherwise.
Section 13. Amendment to City Code. That section 13.48.085 of
the Auburn City Code be and the same hereby is added to read as follows:
13.48.085 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers
receiving storm drainage utility services are receiving such services at property
for which the City has the right to lien the property for non-payment of utility
services. The utility rates for such customers shall be as set forth in Section
13.48.090 of the City Code.
Section 14. Amendment to City Code. That section 13.48.094 of
the Auburn City Code be and the same hereby is added to read as follows:
13.48.094 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the
customers receiving storm drainage utility services are receiving such services at
property for which the City does not have the right to lien the property for non-
payment of utility services. The utility rates for such customers shall be as set
forth in Section 13.48.090 of the City Code; Provided that the City can also
collect a Utility Services Deposit as described as follows:
1. The dollar amount of Four (4) months of the current storm drainage
utility rate per ESU; and
2. The sum of the current rate for three (3) late fees, per City Code.
B. For the purposes hereof, “non-lienable property” means property
which is owned or held by a governmental or non-governmental entity in such a
way that it is immune from utility lien collection efforts of the City.
--------------------------------------
Ordinance No. 6439
November 14, 2012
Page 7 of 8
Section 15. Amendment to City Code. That section 13.48.096 of
the Auburn City Code be and the same hereby is added to read as follows:
13.48.096 Waiver of deposit for non-lienable property class of utility customers
- Appeal.
A. In connection with the Utility Services Deposit for the non-lienable
property class of utility customers as described in Section 13.48.094 of the City
Code, the Finance Director is authorized to grant a full or partial waiver to said
utility customer from the deposit requirement where special humanitarian or
health circumstances exist with respect to said utility customer’s receipt of utility
services. The Finance Director shall have the sole discretion to grant such
waivers, and determine if they shall be full or partial waivers where such
circumstances are found by the Finance Director to exist. If the waiver is granted,
no deposit or only a reduced deposit shall be required.
B. If any person or entity has applied for a waiver of the Deposit
requirement and has been denied the requested waiver, such person or entity
may appeal the decision denying the requested waiver by filing with the City
Clerk a notice of appeal, which notice of appeal must be received by the City
Clerk within thirty (30) days of the decision denying the requested waiver. The
Appeal shall be based solely on whether special humanitarian or health
circumstances exist with respect to the utility customer’s receipt of utility services,
and shall be heard by a panel of department directors of the City (excluding the
Financer Director) appointed by the Mayor. The decision of the panel of
department directors shall be final, and no further appeals shall be allowed.
Section 16. Amendment to City Code. That section 13.48.098 of
the Auburn City Code be and the same hereby is added to read as follows:
13.48.098 Regulations and requirements same for both classes of utility
customers.
Other than the utility rates and deposits set forth in Sections 13.48.085
through 13.48.096 of the City Code, all other regulations and requirements in this
Chapter of the City Code shall be the same for all classes of utility customers,
unless the context of the provisions clearly indicates otherwise.
Section 17. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
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Ordinance No. 6439
November 14, 2012
Page 8 of 8
Section 18. Severability. The provisions of this ordinance are
declared to be separate and severable. The invalidity of any clause, sentence,
paragraph, subdivision, section or portion of this ordinance, or the invalidity of the
application thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
Section 19. Effective date. This Ordinance shall take effect and be
in force five days from and after its passage, approval and publication as
provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
ATTEST: ________________________________
PETER B. LEWIS
MAYOR
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4883
Master/Agreement/Provisions for Municipal Utility Services
on Trust Lands
Date:
November 19, 2012
Department:
Public Works
Attachments:
Resolution No. 4883
Budget Impact:
$ 0
Administrative Recommendation:
City Council to introduce and adopt Resolution No. 4883
Background Summary:
Resolution No.4883 authorizes the Mayor to execute an Agreement between the City of Auburn and the
Muckleshoot Indian Tribe (MIT).
The MIT approached the City to develop an agreement that would allow the City to provide utility services
(water, solid waste, sewer, and storm drainage) to tribal trust lands within the City’s utility service areas.
A special agreement is needed because normal City police powers do not extend on to trust lands
therefore depriving the City the ability to manage its utility systems using standard procedures.
In general, the Master Agreement provides the MIT a way to install and then grant ownership of utilities to
the City who will operate and maintain them. Key points in the agreement addressing how the City will
operate on tribal trust lands include:
Security deposits
Granting utility easements and rights of access
Utility construction standards
Utility infrastructure acceptance and approval criteria
Service connection requirements
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Wagner Staff: Dowdy
Meeting Date: : November 19, 2012 Item Number:
----------------------------
Resolution No. 4883
November 14, 2012
Page 1 of 2
RESOLUTION NO. 4 8 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO A MASTER
AGREEMENT/PROVISIONS FOR MUNICIPAL UTILITY
SERVICES ON TRUST LANDS
WHEREAS, the City of Auburn has been approached by representatives of the
Muckleshoot Indian Tribe with a request for an agreement whereby the City would
provide municipal utilities to the Tribe for property being developed by the Tribe; and
WHEREAS, representatives of the City and the Tribe have negotiated an
agreement that accommodates that request and that addresses the relationship of the
City and the Tribe in connection with the provision of such utilities, the terms of which
are beneficial to both parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute the
Master Agreement/Provisions for Municipal Utility Services on Trust Lands in substantial
conformity with the Agreement marked as Exhibit A attached hereto and incorporated
herein by this reference.
Section 2 That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, and the
City Clerk is authorized to insert the Animal License Fees in the City of Auburn Fee
Schedule at an appropriate location therein.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
----------------------------
Resolution No. 4883
November 14, 2012
Page 2 of 2
Dated and Signed this _____ day of _________________, 2012.
CITY OF AUBURN
_________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
-
Revisions for Discussion 11-14-12
MASTER AGREEMENT/PROVISIONS
FOR MUNICIPAL UTILITY SERVICES ON TRUST LANDS
City of Auburn
Engineering Division
Development Section
Public Works Department
25 West Main St.
Auburn, WA 98001-4998
(253) 931-3010
FAX (253) 931-3053
MASTER AGREEMENT FOR MUNICIPAL UTILITY SERVICES
ON TRUST LANDS
The CITY OF AUBURN (“City”), and the MUCKLESHOOT INDIAN TRIBE (“Tribe” -
also hereafter referred to in this agreement as “Developer”) enter into this Municipal Utilities
Service Agreement (“Agreement”), and make the following expressed mutual promises and
covenants regarding the Developer’s proposed Public Facility Extension (“Extension(s)”).
The City agrees to accept the Extension(s) for operation and maintenance if the Developer, at the
Developer’s expense, designs, constructs, conveys and transfers said Extension(s) to the City
pursuant to the terms and conditions of this Agreement. This Agreement is valid and binding for
the Developer’s Extension(s) serving Indian owned lands within the Muckleshoot Indian
Reservation and the City of Auburn’s municipal water and sewer service area.
I. DEFINITIONS
For the purposes of this agreement the terms in this Section shall have the following meanings:
• Public Facilities. City sanitary sewer facilities (sewer mains, manholes, and
appurtenances) and water facilities (water mains, service lines between mains and water
meters, meter services including setter, meter and box, fire hydrants, and appurtenances).
• Utility Right-of-Way Easement. A nonexclusive perpetual right-of-way easement
on the Property granting the City the right to operate, maintain, repair, replace, improve,
remove, enlarge Public Facilities and the right to access the Property for providing Solid
Waste services.
• Indian Property. For the purposes hereof, Indian Property refers to residential
properties owned by the Tribe or held in Trust by the Bureau of Indian Affairs (BIA) for
the benefit of the Tribe or individual Indians.
• Utility Services. City water, sanitary sewer, storm drainage, and solid waste services,
pursuant to Chapters 13.06, 13.20, 13.48 and 8.08, respectively, of the Auburn City Code
(ACC)
II. CITY RESPONSIBILITIES
Pursuant to the terms and conditions of this agreement the City agrees to:
A. Provide municipal Utility Services to the Property in conformance with City
regulations governing Utility Services.
B. Comply with the Utility Right-of-way provisions herein.
III. TRIBE RESPONSIBILITIES
Pursuant to the terms and conditions of this agreement the Tribe shall be responsible for the
following:
A. Complying with the Utility Right-of-way provisions herein.
--------------------------------------------------------------
Agreement for Municipal Utility Services
FAC11-00XX Name
Date: ________________, 20________
Page 3 of 32
B. Extending Public Facilities in compliance with terms herein.
IV. INDIAN PROPERTY RESIDENT RESPONSIBILITIES
Those people who reside on the residential properties of the Tribe and who receive utility
services from the City pursuant to this Agreement shall comply with and be subject to, the ACC
provisions and requirements for the construction, operation, maintenance, and payment for the
above described Utility Services; and their receipt of and eligibility for City Utilities shall be
conditioned on and subject to the following:
A. City Utility Customers who are residents of Indian Property shall, in advance of
the City initiating new City Utility Services or re-initiating previously established City
Utility Service that has been cancelled or suspended for nonpayment, deposit with the
City t he amounts of Utility Service Deposits required for City Utilities. The deposit for
residents of Indian Property may be made in the form of cash, cash equivalent, or a bond
or guarantee for the deposit amount in a form acceptable to the City, whereby the Tribe is
guaranteeing the deposit amount. In the case of Utility Customer who are members of the
Tribe who cannot pay the deposit amount, the Tribe will either tender the amount of the
deposit(s) to the City or request that the City grant a full or partial waiver(s) to the Utility
Customer from the deposit requirement because of special humanitarian or health
circumstances. The City shall have the sole discretion to grant such waivers, and
determine if they shall be full or partial waivers. If the waiver is granted by the City, no
deposit or only a reduced deposit shall be required.
B. City Utility Customers who are residents of Indian Property shall agree to pay,
and shall execute documents evidencing such agreement to pay, the utility bills in
accordance with the requirements of Chapter 8.08 [Solid Waste Utility], Chapter 13.06
[Water Utility], Chapter 13.20 [Sewer Utility] and Chapter 13.48 [Storm Drainage
Utility] of the Auburn City Code (ACC), provided that, nothing in this Agreement or the
documents required shall waive the right of the Tribe or persons receiving City Utility
Services under this Agreement from challenging the applicability City Storm Drainage
charges and fees to the Tribe or Indian residents of the Muckleshoot Reservation and
their property.1
V. EXTENSION FEES
City of Auburn Ordinance No. 5819 amended ACC13.40.050, Utility Extension Fees, so that
fees for private streets or private drainage associated with Planned Unit Developments or Gated
Communities can be included in the Facility Extension Fees. The Developer agrees to pay
1 The form of the Agreement for Payment of Utilities shall be in a form devised by the City, such as the sample set
forth herein as Exhibit “F” APPLICATION FOR UTILITY SERVICE & DEPOSIT AGREEMENT; Provided that
the City reserves the right to modify or amend the Agreement as it deems advisable, to accomplish the purposes
intended.
--------------------------------------------------------------
Agreement for Municipal Utility Services
FAC11-00XX Name
Date: ________________, 20________
Page 4 of 32
applicable City Utility Extension Fees as calculated by the City in accordance with applicable
City Codes, generally as indicated herein below in Exhibit D hereto.
The Developer shall also pay reasonable additional fees to the City in the event the City needs to
obtain consulting support services to assist the City when the scope of the Extension is beyond
the City’s normal area of expertise or the City’s ability to review within a reasonable time.
Furthermore, the Developer is responsible to pay fees associated with the Valley Regional Fire
Authority’s (VRFA) review of plans as requested by the City. The City will allocate these fees,
as established by the Auburn Fee Schedule; at the time the 40% Extension Fee is submitted. If
extended review is required additional fees will be collected prior to Construction.
VI. CONSTRUCTION DRAWINGS
The Developer shall submit construction drawings (“plans”) and supporting technical documents
designed and developed by a professional engineer registered in the State of Washington to the
City for review and approval at the time of application.
The plans and supporting materials shall comply with the City of Auburn’s Design Standards and
Construction Standards for water, sanitary sewer, and storm water drainage utilities. To the
extent that such construction includes work in or abutting City streets or rights-of-way, the plans
shall be in compliance with City design and construction standards for City streets and rights-of-
way.
If design or construction activities on the extension(s) become inactive on the Developer’s part
for a period of six months, the City may require the plans be revised to conform to existing field
conditions, or to meet current City design standards and regulations. The City may also require
the execution of a new Agreement, in which case, this Agreement shall become null and void.
After all plan reviews have been completed and corrections made, and if all other requirements
have been met, the City will request that the Developer/Engineer submit a full set of plans on
mylar for City approval and signature. The Developer/Engineer shall also submit AutoCAD
electronic files with the mylar. The signed mylar shall then be used to make all plan copies for
use during the construction process.
VII. UTILITY RIGHTS-OF-WAY EASEMENT
At the Developer’s expense, a nonexclusive perpetual right-of-way easement on the Property
shall be granted to the City giving the City the right to operate, maintain, repair, replace,
improve, remove, enlarge Public Facilities and the right to access the Property for providing
Solid Waste services. The Utility Right-of-way or Easement shall be in a form acceptable to the
City. Recording of the Utility Right of Way or Easement shall take place upon acceptance by the
City of affected Public Utilities.
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VIII. PAYBACK AGREEMENT
The City may enter into a Payback Agreement, if applicable, with the Developer pursuant to the
requirements of RCW 35.91, RCW 35.72, and ACC 12.70 and 13.40.060. The Developer must
submit a complete application to the City no later than 90 calendar days of the acceptance of the
facility improvements. The City shall not consider an application for a payback agreement that is
submitted later than 90 days after acceptance of the facility improvements. If the City has agreed
to a warranty acceptance as provided for in Section XIII of this Agreement, the Developer must
file an application for a payback agreement no later than 90 days after the warranty acceptance
date for those improvements accepted under the warranty application, and no later than 90 days
after final acceptance for the remaining improvements. After a complete application has been
accepted the City will then work with the Developer to determine the appropriate cost allocation
method and evaluate the eligibility of the submitted costs. A standard form of the agreement and
an application handout outlining the payback process are available upon request.
IX. INSURANCE
Throughout the period of performance of this Agreement for all construction related activities,
the Developer or Contractor shall carry and maintain commercial general liability insurance with
limits of not less than one million dollars ($1,000,000) per occurrence for bodily injury,
including death, and one million dollars ($1,000,000) per occurrence for property damage or,
alternatively, one million dollars ($1,000,000) per occurrence combined single limit for bodily
injury and property damage combined, and two million dollars ($2,000,000) general aggregate.
This insurance shall be in a form and with an insurer acceptable to the City, and shall contain
coverage for all premises and operation, broad form property damage, contractual liability
(including without limitation that specifically mentioned in the Agreement, and products and
contemplated operations insurance.
This insurance shall provide coverage for explosion, collapse, underground excavation, and
lateral support.
Any policy or policies that provide the insurance required in this Agreement shall name the City
as an additional insured on a separate endorsement, to the extent of the contractual obligations
set forth here. If the Contractor, as the Agent of the Developer, provides the required insurance,
then such insurance shall name both the Developer and the City as additional insured.
Before the beginning of the performance period under this Agreement, the Developer shall
provide for City review and approval, a certificate of insurance reflecting full compliance with
the requirements set forth in this Agreement. The certificate shall be kept current and in
compliance throughout the performance period until final acceptance by the City (and for two
years thereafter for products and contemplated operations liability), and shall provide for 30 days
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advance written notice to the City if cancellation or material change adversely affect the interests
of the City.
Throughout the performance period of the Agreement, the Developer shall cover or maintain
insurance in compliance with the applicable worker’s compensation laws, with respect to all of
its respective employees working on or about the facility site, regardless of whether such
coverage or insurance is mandatory or merely elective under the law.
X. INDEMNIFICATION
The Developer shall defend, indemnify and hold the City, its elected and appointed officials,
employees, and agents harmless from any actions, causes of action, liabilities, claims, suits,
judgments, liens, awards, demands, and damages of any kind including, property damage,
personal injury, or death (including any claims brought by employees of the Contractor or any
subcontractor) arising out of or in connection with the performance of this Agreement, to the
extent such claims arise from any negligent act or omission or willful misconduct of the
Developer, Contractor, any subcontractor, or their employees arising out of, or in any way
related to, their performance of the Agreement, including without limitation the provision of
services, personnel, facilities, equipment, support, supervision, or reviews. except for injuries
and damages caused by the negligence of the City. except for injuries and damages caused by the
negligence of the City . The City shall be indemnified and held harmless for all expenses, costs
of litigation, and reasonable attorney’s fees, expert witness fees, and costs of services of
engineering and other personnel related to any such action, or incident to establishing the right to
indemnification, to the extent such claims arise from any negligent act or omission or willful
misconduct of the Developer, Contractor, any subcontractor, or their employees arising out of, or
in any way related to, their performance of the Agreement, including without limitation the
provision of services, personnel, facilities, equipment, support, supervision, or reviews. The
City’s obligations herein are subject to judicial, legislative, and regulatory restrictions beyond the
City’s control (Including, but not limited to the Endangered Species Act). The applicant releases
the City from any and all direct or indirect liability or damages related to actions beyond the
City’s control and agrees to indemnify and hold the City harmless from any such action
undertaken by any third person or agency based in whole or in part on the improvements or
services provided for herein.
In the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Developer and the City, its
officers, officials, employees, and volunteers, the Developer's liability hereunder shall be only to
the extent of the Developer’s negligence. The Developer expressly waives any immunity under
industrial insurance, whether arising from RCW Title 51 entitled “Industrial Insurance” or any
other statute or source as provided in Article IX solely for the benefit of the City and solely to
the extent of the indemnity set forth in this Agreement. This waiver has been mutually
negotiated by the Parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
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The Developer shall, at the City’s request, furnish comprehensive evidence that all obligations of
the nature designated in this agreement have been paid, discharged, or waived.
XI. CONSTRUCTION
All of the following applicable conditions shall be satisfied before a notice to start construction
will be issued to the Contractor:
A. Approved Plans have been copied and distributed to all applicable parties and the
signed original mylars returned to the City (see Article VI herein).
B. Attend a Pre-construction Meeting between the City and the Developer’s
contractor.
C. Provide a Performance Bond or Assignment of Funds to the City in an amount
and fashion that would adequately cover any work needed in any City right-of-
way or on City utility lines.
D. Provide Certificate of Insurance to the City naming the City (and Developer if
Contractor supplies insurance) as an additional insured (see Article IX herein).
E. Non-Indian Contractors Possess an Active Contractor’s Labor & Industry license;
and Indian Contractors Possess an Active Contractor’s Labor & Industry license if
they are going to do any work in or on the City’s right-of-way or City utility lines.
F. Provide an Emergency Call List for Contractor and Subcontractors.
G. Obtain a Business License with the City for all non-Indian contractors and
subcontractors when working within the City limits, and for all contractors and
subcontractors who will do any work in or on the City’s right-of-way or City
utility lines.
H. Obtain Authorized Construction Period for construction work to be completed
within the existing public right-of-way (see additional information in Article VII
herein), if applicable.
I. For work outside of Auburn’s City limits, adequate County permits/approvals
must be in place. The City will apply for the right-of-way permit(s) once plans are
approved.
J. If sewer extension, King County Waste Water Treatment Division approval is
needed. The City will submit for approval, once plans are approved.
K. Provide Proof of Contract for Private Utility Relocates. The Developer
acknowledges the obligation to enter into a separate contract, at the Developer’s
expense, to relocate private utility facilities as necessary to comply with City
Standards where applicable.
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The City shall provide part-time inspection of the public and private Extension, to assist in
determining that the work and materials meet the City’s design standards and construction
standards. The City shall also assist the Developer in complying with the present City rules,
regulations, and resolutions and the terms of this Agreement. This assistance does not relieve the
Developer of responsibility for complying with the plans, specifications, or terms of this
Agreement, or any rules and regulations imposed by the City, County, or other agencies.
All construction performed by the Developer shall be in compliance with City design and
construction standards for water, sanitary sewer and storm drainage utilities. To the extent that
such construction includes work in or abutting City streets or rights-of-way, the work shall be in
compliance with City design and construction standards for City streets and rights-of-way. The
Developer shall be responsible for acquiring the City’s Construction Standards and having a
copy on-site during construction.
The Developer agrees to comply with all Federal, State, County, and City regulations applicable
to the Developer while construction is in progress in public rights-of-way.
For public extensions that include construction within the existing public right-of-way or work
on City utility lines, the City shall determine a reasonable time frame in which the Developer
will complete all work within the existing right-of-way, including final clean up. This time frame
shall be the Authorized Construction Period for such work, and it shall be designated in calendar
days and will be determined at the pre-construction conference. The Authorized Construction
Period shall start when work first begins on this phase of the project or on a date specific set to
minimize any public inconvenience. If the required work is not completed within the allotted
time, the City will suspend all public and private Extension-related work other than those
activities necessary to complete the required right of way improvements. If the restoration of the
existing public right-of-way is not completed within the time period defined above, the
Developer agrees that the City may hire an independent contractor to complete the necessary
work and bill the Developer for the actual costs.
The City has the authority to decide all questions regarding the quality and acceptability of the
materials furnished and of the work performed for the construction of the improvements. The
City shall also have the authority to suspend construction work, in whole or part, for the failure
of the Developer/Contractor to carry out the work in conformance with City development
regulations, City construction standards, and approved plans..
The Developer’s contractor shall make a written request to the City a minimum of 72 hours in
advance when work is to be performed on Saturdays, Sundays, Holidays, or other than normal
working hours. Written permission from the City shall be required before the contractor is
allowed to work during any such requested hours. Approval of the contractor’s request shall be
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dependent on the City’s ability to provide adequate construction project monitoring during the
requested time.
XII. ACCEPTANCE OF EXTENSION FOR OPERATION AND OWNERSHIP
The City agrees to accept the Extension for operation and ownership upon approval of the
completion of all the facilities and the full compliance of the terms and conditions of this
Agreement, including the following requirements:
A. Approved Maintenance Guarantee (see Section XIII herein).
B. Executed Bill of Sale (see Section XIV herein).
C. Certified and Approved Record Construction Drawings on Mylar & a copy of the
Electronic CAD Drawing File(s) (see Section XV herein).
D. Executed Public Utility Right of Way or Easement (see Section XVII herein and
Exhibit A).
E. Approved Developer Contribution Document provided for all facilities involving
work in City right-of-way or on City utility lines (see Section XIV herein).
F. Final Storm Water Site Plan (Report) and Cover Letter. This letter shall address
any changes between the project’s original storm water site plan (report) and the
final construction of detention/retention and water quality facilities (see Section
XVI herein).
Upon approval and acceptance, the City shall send a letter to the Developer accepting the system
for ownership and operation.
If a Payback Agreement is applicable, the Developer will be required to provide the City with
cost data within 90 calendar days of project acceptance. The City will provide sample cost data
documentation for information.
The City shall release the Performance Guarantee, if applicable, to the Developer within 30 days
of the letter of acceptance.
XIII. MAINTENANCE GUARANTEE
Before the City accepts the public portion of the Extension for operation and ownership, the
Developer shall provide a one-year Maintenance Guarantee in the amount of two thousand
dollars ($2,000) or ten percent (10%) of the City’s estimated replacement costs of the
improvements, whichever is greater. For some facilities, the City may require the Developer to
provide a Maintenance Guarantee beyond the one-year period. If the City elects to so require, the
City shall notify the Developer before the start of construction.
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Two forms of Maintenance Guarantees are acceptable: 1) a Maintenance Bond or 2) an
Assignment of Funds. Any request to use other forms of Maintenance Guarantee will be
determined on a case by case basis by the City Engineer..
The Developer may designate an Agent, such as a contractor or engineer, to provide the required
Maintenance Guarantee to the City. In such event, the Developer shall remain responsible for the
contractual obligations set forth in this agreement. If the Agent defaults on the Maintenance
Bond, this authorization for designation of an Agent does not preclude the City proceeding to
foreclosure or demanding forfeiture of the bond against the Developer.
The Developer shall bear the expense of the bond. If at any time a surety on any such bond is
declared bankrupt, loses its right to do business in the State of Washington, or is removed from
the list of Surety companies acceptable on Federal bonds, the Developer shall substitute an
acceptable bond or bonds in such form and sum and signed by such other surety or sureties as
may be satisfactory to the City. The Developer shall pay all premiums on these bonds.
The Assignment of Funds will be in a required amount held in a Financial Institution acceptable
by the City and secured under the use of the City of Auburn Standard Assignment of Funds form.
During this maintenance guarantee period, the Developer shall warrant that the materials and
equipment furnished by the Developer for the Extension are in normal working order and
condition except where abused or neglected by the City. The Developer shall guarantee that it
will repair or replace at its own expense any work or material that proves to be defective during
such warranty period.
Two months prior to the end of the maintenance guarantee period (usually one year), the
Developer will be required to have all public sanitary sewer and storm lines cleaned and then
inspected with a remote television unit by an approved firm, at Developer’s expense. The video
will then be compared to the tape made prior to acceptance to ensure that no substantial change
has occurred. The City shall then re-inspect the Extension for warranty compliance. If this re-
inspection determines that the Extension functions as intended at the time of acceptance, the City
shall release the Maintenance Bond. If the re-inspection determines that the Extension is not
functioning as intended at the time of acceptance, the Developer shall replace or repair said
Extension and the City, at its option, may extend the maintenance period for such replacement or
repair for another one year. After an acceptable maintenance inspection, the City will release the
Maintenance Bond and accept the facility for maintenance.
XIV. BILL OF SALE
Before the City accepts the public portion of the Extension for operation and ownership, the
Developer agrees to execute an approved Bill of Sale (the City will prepare this document, once
information is received, for Developer’s signature) for the improvements that are to be dedicated
to the City. The Bill of Sale will provide for the transfer of title of the public portion of the
Extension from the Developer to the City and will further include the following items:
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A. The Developer is the lawful Owner of the public portion of the Extension and it is
free from all encumbrances.
B. The Developer has paid all bills for all labor and material used during
construction of the Extension or has obtained lien wavers from all persons who
have not been paid for their labor or material.
C. The Developer has the right to transfer the public portion of the Extension to the
City for the consideration of incorporation into the City system.
D. The Developer will warrant the public portion of the Extension and defend the
same against lawful claims and demands of all persons for one year from the date
the Bill of Sale is accepted by the City.
XV. RECORD CONSTRUCTION DOCUMENTS
Before the City accepts the public portion of the Extension for operation and ownership, the
Developer agrees to provide the City with certified record construction drawings and related
electronic file information.
The Certified Record Construction Drawing comes in a two-step process as follows:
Step 1: The certified paper (red-line) record drawings for all facilities shall be submitted for
review and approval using the Engineer of Record as the point of contact. These drawings
must accurately reflect all field design revisions made to the Extension during the
construction process. The changes shall be in conformance with the City’s record
construction drawing requirements, available upon request from the City. The revisions shall
be noted on the approved paper plan set.
Step 2: Once the City approves the certified paper (red-line) record drawings, then all
required record drawing information shall be clearly shown on the original approved mylars.
The electronic record drawing file shall also be provided at this time.
XVI. FINAL STORM WATER SITE PLAN (REPORT)
A certified and final storm (drainage) water site plan (report) and cover letter will also be
required. Document the as-constructed changes to the storm improvements, not included in the
original approved report. Record construction document requirements are available upon request
from the Public Works Department.
It is provided, however, that insofar as the Developer provides Low Impact Development, as
defined in the ACC, the Developer shall be entitled to the fee structure and adjustments included
therewith.
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The City and Tribe further agree that should the Tribe in the future desire to provide comparable
municipal garbage service to Indian property within Auburn’s utility service area, the Tribe and
the City will engage in good faith discussions on the discontinuance of City solid waste service
to persons on Indian property eligible to receive tribal garbage service.
XVII. PUBLIC UTILITY RIGHTS OF WAY OR EASEMENTS
The plan approval process may require providing utility rights of way or easements(s) for the
facility extension. The Developer shall provide a legal description and an exhibit of the affected
property, an updated title report, plat certificate (current to within 30 days), or other
documentation acceptable to the City demonstrating its authority to convey a utility right of way
or easement, and documentation of signatory authority (whether representative, individual,
partnership or corporation). All legal descriptions must be signed and stamped by a professional
Land Surveyor. The City and Tribe will then draft the required legal documents and return them
to the Developer for signatures and approval by the Bureau of Indian Affairs. The signed
documents shall then be returned to the City where, concurrent with City acceptance of the utility
improvements the documents will be sent to the Bureau of Indian Affairs and King County for
recording. If during construction, changes are made that affect the right-of-way dedication and/or
easement(s), corrections will be made and the documents will be re-recorded.
NOTE:
• King County or Pierce County Recorder’s offices require a specific format on submittals.
All attachments submitted shall be provided electronically in the following formats;
Legal Descriptions in MS Word, and Exhibits in AutoCAD. PDF is also acceptable
provided the county specific format is followed. All attachments shall be formatted to
8 ½ x 11-inch and 8 ½ x 14-inch paper size and have a minimum margin of 1-inch top,
bottom and sides. Use of 8 ½ x 14-inch paper size shall be limited to exhibit attachments.
• Any writing or markings, including the notary stamp, which intrudes into the document’s
margin area, may be cause for the document to be returned. Original documents used for
recording shall not be stapled.
XVIII. SERVICE CONNECTIONS
There will be no water meter installation or usage of the public portion of the Extension before
the City accepts the Extension for operation and ownership or the Developer has entered into the
Warranty Acceptance of Partial Extension (Alternative Process), as described above.
The Developer shall notify the City in writing of any intent to make service connections to the
public portion of the Extension or any existing City system. No connections to, nor utilization of,
the public portion of the Extension or any existing City system shall be made without the express
written consent of the City. Note that certain other utility permit fees and system development
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charges may be required prior to service connection. In addition, the City shall supervise all
service connections.
Connections to and utilization of the public portion of the Extension shall not relieve the
Developer of the obligation to correct defects in labor or materials as provided in the
Maintenance Bond section of this Agreement. All City-authorized connections shall be subject to
the control, use, and operation of the City, which shall be subject to all regulations and
conditions of service.
XIV. DEVELOPER CONTRIBUTION DOCUMENTATION
As per ACC 13.40.040, a written statement as to the actual cost of the public utility and street
extension(s) shall be provided at the time the public utility extension(s) is turned over to the City.
This is to be turned in on the Developer Contribution Document at the time the Bill of Sale
and/or Record Drawings are turned in. [This section requires further discussion. Note also ACC
13.40.40 does not exist in the version of the City Code available online.]
XX. STATE LAW REQUIREMENTS
Nothing herein shall be construed as to limit the City of Auburn’s ability to take such actions as
it deems necessary to comply with the requirements of state law in implementing this
Agreement, provided that, nothing herein shall be deemed as granting or expanding the
jurisdiction of the City of Auburn to regulate the use of Indian lands or Indian activity within the
Muckleshoot Indian Reservation.
XXI. AGREEMENT ALTERATIONS OR AMENDMENTS
No amendment, modification or waiver of any condition, provision or term of this Agreement
shall be valid or of any effect unless made in writing, signed by the party or parties to be bound,
or such party’s or parties’ duly authorized representative(s) and specifying with particularity the
nature and extent of such amendment, modification or waiver. Any waiver by any party of any
default of the other party shall not effect or impair any right arising from any subsequent default.
Nothing herein shall limit the remedies or rights of the parties under this Agreement.
XXII. ASSIGNMENT BINDING ON SUCCESSORS AND ASSIGNS
Neither party to this Agreement shall assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party hereto. No assignment or transfer of any
interest under this Agreement shall be deemed to release the assignor from any liability or
obligation under this Agreement, or to cause any such liability or obligation to be reduced to a
secondary liability or obligation.
This Agreement shall be binding upon, and the benefits and obligations provided for herein shall
inure to and bind, the parties hereto and their respective successors and assigns, provided that
this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this
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Agreement. This Agreement is for the exclusive benefit of the parties hereto and it does not
create a contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sureties, except as provided in Article XXIII.
The tenants and occupants of the residences to be served by the Grantee’s utilities shall execute
an agreement agreeing to be bound by the terms hereof, including the provisions of Article XXV,
Governing Law, and agreeing to comply with the utility payment obligations in accordance with
City of Auburn City Codes.
XXIII. NO THIRD PARTY BENEFICIARIES
This Agreement is solely for the benefit of the Parties and the owners and occupants of
residences served by City utilities who have executed an agreement to be bound by the terms of
this Agreement. No third party other than an owner or occupant of a residence who has executed
an agreement to be bound by this Agreement shall be entitled to claim or enforce any rights here
under.
XXIV. WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party
from subsequent exercise of such rights and shall not constitute a waiver of any other rights
under this Agreement unless stated to be such in writing signed by an authorized representative
of the party and attached to the original Agreement.
XXV. GOVERNING LAW
This Agreement and the rights of the parties hereunder , including actions to enforce the terms of
this Agreement and actions to collect monies due as utility payments including utility deposits
provided in connection herewith, shall be governed by the interpreted in accordance with
applicable provisions of the Auburn City Code and the laws of the State of Washington and
venue for any action hereunder shall be in the courts of King County State of Washington in
which the project is located; provided, however, that it is agreed and understood that any
applicable statute of limitation shall commence no later than the final acceptance date of the
Extension or, if the City declines to accept the extension, the date of the letter from the City
declining to accept the Extension.
The Muckleshoot Indian Tribe hereby grants the City of Auburn a limited waiver of the Tribe’s
sovereign immunity with respect to claims by the City for the interpretation and/or enforcement
of this Agreement, and/or for any complaints or counterclaims by the City for monetary damages
or equitable relief for any breach of this Agreement, and/or for the enforcement of any such final
judgment in favor of the City entered by any court of the State of Washington regarding such
matters. This limited waiver of immunity is solely for the benefit of the City of Auburn for the
purposes stated herein, and the Tribe does not waive its sovereign immunity as to any party other
than the City.
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XXVI. SEVERABILITY AND SURVIVABILITY
If any provisions of this Agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which
can be given effect without the invalid provision, if such remainder conforms to the requirements
of applicable law and the fundamental purpose of this Agreement. To this end, the provisions of
this Agreement are declared to be severable.
In addition to the length of time elements of this agreement remain in force and effect, some
provisions hereof shall remain in full force and effect indefinitely, for as long as utility services
are provided by the City to the property owned by or under the influence or control of the
Developer, including, but not limited to the obligations to pay City Utility Fees and Indemnify
the City per Article X.
XXVII. ATTORNEY FEES
In the event of litigation or other legal action to enforce any rights, responsibilities or obligations
under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and
attorney’s fees.
XXVIII. CAPTIONS, HEADINGS AND TITLES
All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for
convenience of reference only and shall not constitute a part of this Agreement or act as a
limitation of the scope of the particular paragraph or sections to which they apply. As used
herein, where appropriate, the singular shall include the plural and vice versa and masculine,
feminine and neuter expressions shall be interchangeable. Interpretation or construction of this
Agreement shall not be affected by any determination as to who is the drafter of this Agreement,
this Agreement having been drafted by mutual agreement of the parties.
XXIV. ENTIRE AGREEMENT
This Agreement with Exhibits A through D contains the entire understanding of the parties
hereto in respect to the transactions contemplated hereby and supersedes all prior agreements and
understandings between the parties with respect to such subject matter.
DATED this ________ day of _______________, 2012.
CITY OF AUBURN
_____________________________
Dennis Selle, City Engineer
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STATE OF WASHINGTON )
)ss:
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dennis Selle, to me known as the City Engineer representing the City of Auburn’s Department of Public Works, who acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument.
Dated _______________________
Notary Public in and for the State of Washington residing at
My appointment expires
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SIGNATORY - INDIVIDUALS
DATED this ________ day of _______________, 20____.
STATE OF WASHINGTON ) )ss. COUNTY OF KING )
I certify that I know or have satisfactory evidence that and is/are the person(s) who appeared before me, and said individuals(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument.
Dated _______________________
Notary Public in and for the State of Washington residing at
My appointment expires
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SIGNATORY - PARTNER
DATED this ________ day of _______________, 20____.
STATE OF WASHINGTON ) )ss. COUNTY OF KING )
I certify that I know or have satisfactory evidence that and is/are the person(s) who appeared before me, and said partner(s) acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument.
Dated _______________________
Notary Public in and for the State of Washington residing at
My appointment expires
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SIGNATORY - TRIBAL
DATED this ________ day of _______________, 20___.
Chairperson STATE OF WASHINGTON ) )ss. COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Chairperson of the Muckleshoot Indian Tribe, a federally recognized Indian tribe, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated _______________________
Notary Public in and for the State of Washington residing at
My appointment expires
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SIGNATORY – TAX EXEMPT AGENCY
DATED this ________ day of _______________, 20___.
Representative STATE OF WASHINGTON ) )ss. COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Representative of , a Tax Exempt Agency, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated _______________________
Notary Public in and for the State of Washington residing at My appointment expires
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SIGNATORY - LLC
DATED this ________ day of _______________, 20____.
Authorized Signature Authorized Signature
STATE OF ___________________ )
)ss.
COUNTY OF _________________ )
I certify I have know or have satisfactory evidence that
is/are the
person(s) who appeared before me, and said person(s) acknowledged that he/she/they signed this
instrument on oath stated that he/she/they was/were authorized to execute the instrument and
acknowledge as the ________________________________________________________ of the
______________________________, a limited liability company, to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated ___________________
Notary Public in and for the State of Washington residing at
My appointment expires
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Agreement for Municipal Utility Services
FAC11-00XX Name
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EXHIBIT A
GRANT UTILITY SERVICES EASEMENT FOR RIGHT OF WAY ON TRUST LANDS
REFERENCE #:
GRANTOR: THE MUCKLESHOOT INDIAN TRIBE
GRANTEE: CITY OF AUBURN
SHORT LEGAL: NE ¼ SE ¼ SEC. 20, TWN 21N, R5E
ASSESSOR’S PROPERTY TAX PARCEL: 202105-9001
TRUST ALLOTMENT #: 109-2
For and in consideration of the CITY OF AUBURN’S Agreement to provide municipal water
sanitary sewer, storm drainage and solid waste services to lots adjacent to this Right of Way, One
Dollar ($1.00) and other valuable consideration in hand paid, THE MUCKLESHOOT
INDIAN TRIBE (“Grantor” herein), hereby apportions, conveys and warrants to THE CITY
OF AUBURN, a Washington Municipality (“Grantee” herein), for the purposes hereinafter set
forth, a nonexclusive perpetual municipal utilities right-of-way easement over, under, along,
across and through the following described real property (the “Property” herein) in King County,
Washington:
SEE EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
Except as may be otherwise set forth herein Grantee’s rights shall be exercised upon that portion
of the Property (the “Right-of-Way” herein) described as follows:
SEE EXHIBIT “C” ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
Grantor also conveys to Grantee all of its right, title, and interest in the water service lines,
meters, valves, and other portions of the water distribution system located within the Right of
Way.
1. PURPOSE. In order for the City of Auburn to provide municipal utilities to
properties that are held in Federal Trust status, the parties to this agreement hereby set forth the
terms and conditions that are required for such services to be provided. Grantee shall have the
right to operate, maintain, repair, replace, improve, remove, enlarge one or more water
distribution or sanitary sewer utility facilities to include but are not limited to underground pipes,
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lines, vaults, manholes, meters and valves within the easement defined in Exhibit D for the
purposes of serving the properties described in this agreement.
The Utilities shall be designed and constructed in conformance with the City of Auburn
Design and Construction Standards to secure the payment of all City utility fees & charges for
existing and new developments on Federal trust lands within the city, the city will establish a
security account that will be applicable to all new utility accounts effective with the date of
approval of this agreement.
2. SPECIFIC PROVISIONS. The parties agree to the following terms:
GRANTOR AGREES:
A. The Grantor agrees to construct all Utilities and upon acceptance by the City,
grant ownership to the Grantee.
B. The Grantor agrees all Utilities shall be designed and constructed in accordance to
City of Auburn Design and Construction Standards.
C. The Grantor agrees to obtain all permits and approvals from the Grantee for the
extension of the Utilities including water connection permits, sanitary sewer
connection permits and the execution and compliance with the Public Facility
Extension Agreement.
D. Conservation. Grantor will be responsible for any and all soil and resource
conservation and protection measures, including weed control, on the land
covered by the Right-of-Way.
GRANTEE AGREES:
A No Compensation; Damages. Grantee owes no compensation to Grantor or any
third parties for the rights herein granted.
B. Indemnification. Grantee agrees to indemnify the Grantor, against any liability,
personal injury and property damage to the extent caused by the negligent acts or
omissions of Grantee in the re-construction, maintenance, occupancy or use of the
Right-of-Way by Grantee, its employees, contractors and their employees, or
subcontractors and their employees. Provided, however, that nothing herein shall
require Grantee to indemnify, defend, and hold the Grantor, harmless for any such
liability attributable to the negligence of the Grantor.
C. Restoration. Grantee agrees to restore the easement area as nearly as reasonably
possible to their original condition upon the completion of construction or
maintenance activities to the extent compatible with the purpose for which the
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Right-of-Way was granted; however, Grantee has no obligation for preservation
or repair beyond the area directly impacted by said activities
D. Revocation/Abandonment/Termination. Grantee agrees that upon termination of
the Right-of-Way by mutual consent Grantee shall, be responsible far abandoning
the utility services in place.
3. USE. Grantor reserves the right to use the Right-of-Way for any purpose not
inconsistent with the rights herein granted and Grantee agrees not to interfere with the use of the
lands by or under the authority of the landowners for any purpose not inconsistent with the
primary purpose for which the Right-of-Way is granted; provided, however, Grantor shall not
construct or maintain any buildings, structures or other objects on the Right-of-Way. Grantor’s
use of the Right-of-Way may include, but is not limited to, use for an existing or future Tribal or
Bureau of Indian Affairs roadway and for the installation, operation and transmission of utility
services by third parties, including Tribal utilities once by mutual consent the parties agree to
terminate City utility services.
4. ACCESS. Grantee shall have the right of access to the Right-of-Way over and
across the Easement Property to enable Grantee to exercise its rights hereunder, provided that
Grantee shall reasonably compensate Grantor for any damage to the property caused by the
Grantee in exercise of such right of access. To the extent reasonably practicable, Grantee shall
use Grantor’s right of way for such access, and shall utilize portions of the Property outside
Grantor’s right of way only when and to the extent additional access is reasonably necessary or
in the event of an emergency.
5. CUTTING OF TREES. Grantee shall have the right to cut or trim any and all
brush or trees or other vegetation standing or growing upon the Right-of-Way pursuant to
section 2(e) above. However, any trees upon property outside of this Right-of-Way which, in
falling, could in Grantee’s reasonable judgment, be a hazard to Grantee’s facilities may not be
cut absent permission of the property owner, except in the case of any overhead facilities, if any,
Grantee reasonably believes an emergency exists that requires the cutting of such trees.
6. SUCCESSORS AND ASSIGNS. Grantee shall have the right to assign,
apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in
and under this easement. Without limiting the generality of the foregoing, the rights and
obligations of the parties shall inure to the benefit of and be binding upon their respective
successors and assigns.
7. TERMINATION AND ABANDONMENT. This Right of Way may be
terminated or abandoned as follows:
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A. The rights herein granted shall continue until such time as Grantee ceases to use
the Right-of-Way for a period of two (2) successive years, in which event this
agreement shall terminate and all rights hereunder, and any improvements
remaining in the Right-of-Way shall revert to or otherwise become the property of
Grantor.
B. The Right of Way may be terminated by mutual consent in a written agreement.
8. GRANTOR’S LIMITED WAIVER OF SOVEREIGN IMMUNITY. Grantor
voluntarily grants Grantee a limited waiver of its sovereign immunity, and that of its officers and
employees acting for the Grantor in their official capacities, and consents to binding and
mandatory arbitration for the limited purpose of claims by Grantee regarding the interpretation,
implementation, and enforcement of this Easement, the enforcement of the obligation to
arbitrate, and the enforcement of any award, order or judgment of the arbitrator(s) in any
arbitration authorized by this paragraph. Grantor consents to suit by Grantee for the purpose of
judicial enforcement of an arbitration award in accordance with this paragraph in a suit brought
in the United States District Court for the Western District of Washington, at Seattle or, if
jurisdiction is not available in the United States District Court, in the Superior Court of the State
of Washington for King County. Grantor agrees that it will not raise sovereign immunity as a
defense in any judicial action brought by Grantee to enforce an arbitration award in accordance
with this paragraph. The limited waiver of sovereign immunity set out in this paragraph is solely
for the benefit of Grantee. This agreement is not intended to and shall not be interpreted or
construed to create any rights, benefits or interests in any person or entity other than the parties
hereto.
.
DATED this _____ day of _______________, 2012.
GRANTOR:
The Muckleshoot Indian Tribe
By:
Title:
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Agreement for Municipal Utility Services
FAC11-00XX Name
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Page 26 of 32
STATE OF WASHINGTON )
) ss.
COUNTY OF _______________)
On this __________ day of ______________________, 2012, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared ____________________________________, to me known to be the person
who signed as ____________________________________ of THE MUCKLESHOOT INDIAN
TRIBE that executed the within and foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said TRIBE for the uses and purposes therein
mentioned, and on oath stated that ___________________________________ was authorized to
execute said instrument on behalf of THE MUCKLESHOOT INDIAN TRIBE.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first
above written.
__________________________________________
(Signature of Notary)
__________________________________________
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington,
residing at ___________________________________
My Commission expires ________________________
Notary seal, text and all notations must be inside 1” margins
APPROVAL:
United States Department of the Interior
Bureau of Indian Affairs
Approved pursuant to 209 DM 8, 230 DM 1, 3 IAM 4, 4a.
BY:
TITLE:
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EXHIBIT B
LEGAL DESCRIPTION OF THE PROPERTY
EXHIBIT ATTACHED AND ADDED AS THE NEXT PAGE
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EXHIBIT C
SURVEYOR’S EASEMENT AND LEGAL DESCRIPTION
EXHIBIT ATTACHED AND ADDED AS THE NEXT PAGE
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FAC11-00XX Name
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EXHIBIT D
PUBLIC FACILITIES EXTENSION FEES
The Public Facilities Extension Fees shall be generally calculated as follows:2
The extension fee shall be the greater of the sum of the categories (a+b+c+d) as shown below,
for a total of $___________ (the amount of the extension fee shall be as calculated per the
formulas below). This fee pays for the detailed plan review, field inspections and other City
Administrative costs accrued during this project. The fee is based on the preliminary plan
information provided by the Developer. The parties agree that the City may require an adjusted
fee in addition to the fee calculated in this section based on the final improvement quantities at
the time of approval of the construction drawings if the improvement quantities have changed
from those indicated above.
The Developer shall pay forty percent (40%) of this extension fee $___________ (the amount
of the extension fee shall be as calculated per the formulas below) before the City will begin
detailed plan review.
a) For water, sewer, & storm facilities the extension fee is based on the combined linear
footage of all utilities and is determined by:
The first 0 LF to 1000 LF will be charged at $5.50 per LF plus,
The next 1001 LF to 2500 LF will be charged at $2.80 per LF plus,
Any additional over 2500 LF will be charged at $1.65 per LF
b) For street facilities the extension fee is determined by:
The first 0 LF to 500 LF will be charged at $6.90 per LF plus,
The next 501 LF to 1000 LF will be charged at $4.10 per LF plus,
Any additional over 1000 LF will be charged at $1.10 per LF
2 It is provided, however, that in the event of any inconsistency or discrepancy between the above provisions and
provisions of the Coty Code, the City Code shall control.
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c) For non-linear extension such as pump stations and traffic signals the extension fee
will be determined by the City Engineer based on an estimate of the City’s labor cost
associated with the plan review, inspection, and administration of the application.
d) For that portion of the water and sewer facility located outside City limits, but within
existing County (King or Pierce) right-of-way, an additional fee is determined by:
$444.00 plus $5.00 per LF of the combined water and sewer extension located in
existing County (King or Pierce) right-of-way.
The remaining sixty percent (60%) of the extension fee $___________ (the amount of the
extension fee shall be as calculated per the formulas above) and any fee adjustment, shall be paid
upon approval of the construction drawings and prior to the start of construction.
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EXHIBIT E
PERFORMANCE GUARANTEE
Before construction starts, the Developer will be required to furnish an approved Performance
Guarantee based on one hundred twenty-five percent (125%) of the City-estimated installation
costs for the public improvements constructed within the existing City right-of-way, easements,
or when the City Engineer deems it to be in the City’s best interest to secure a Performance
Guarantee.
Two forms of Performance Guarantees are acceptable: 1) a Performance Bond or 2) an
Assignment of Funds. Any request to use other forms of Performance Guarantee will be
determined on a case by case basis by the City Engineer.
The Developer may designate an Agent such as a contractor or engineer to provide the required
Performance Guarantee to the City. In such event, the Developer shall remain responsible for the
contractual obligations set forth in this Agreement:
The Performance Bond in a penal sum equal to a minimum of the amount described above shall
be conditioned upon the performance by the Developer of all undertakings, covenants, terms, and
conditions of the Agreement relating to the Extension. The Developer or Agent shall execute
such bond and a corporate bonding company licensed to transact such business in the State of
Washington, and who are named on a current list of surety companies acceptable as published by
the Insurance Commissioner’s office, shall act as surety.
The Developer shall bear the expense of the bond. If at any time a surety on any such bond is
declared bankrupt, loses its right to do business in the State of Washington, or is removed from
the list of approved surety companies, the Developer shall substitute an acceptable bond or bonds
in the form and sum and signed by another surety or sureties as may be satisfactory to the City.
The Developer shall pay the premiums on such bonds.
The Assignment of Funds will be in a required amount held in a Financial Institution acceptable
by the City and secured under the use of the City of Auburn Standard Assignment of Funds form.
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EXHIBIT F
CITY OF AUBURN
25 W. MAIN STREET
AUBURN, WA 98001
APPLICATION FOR UTILITY SERVICE & DEPOSIT AGREEMENT
Service Address ___________________________________ Phone _______________ Own ______ Rent _______
Name of Landlord ______________________ Mailing Address ___________________________________
Applicant One
Name _________________________________ Phone _______________ Date of Birth __________________
Current Employer ____________________________________________ Employer Phone ________________
Employer Address _ _______________________________________________________________________
Applicant Two
Name _________________________________ Phone _______________ Date of Birth __________________
Current Employer ____________________________________________ Employer Phone ________________
Employer Address ________________________________________________________________________
In case emergency services are required, and we are unable to locate you, please list a friend or relative whom we
could contact:
Name _______________________ Phone _____________ Address __________________________________
I/we agree to pay all required utility deposits and to pay for utility services provided to me by the City of Auburn,
including water, sanitary sewer, storm drainage, and solid waste services, pursuant to Chapters 13.06, 13.20, 13.48 and
8.08, respectively, of the Auburn City Code (ACC). I/we further agree to comply with the requirements of said chapters of
the ACC. If I/we fail to pay bills on a timely basis, I/we understand that utility service may be discontinued. Should I/we
leave the City of Auburn service area with an outstanding utility balance due, or should my service be
disconnected/discontinued for non-payment, my deposit will be applied to said outstanding account, and the balance (if
any) forwarded to me/us. In case of disconnection for non-payment, I/we understand that full payment of any outstanding
balance up to and including the date of disconnection, and service charge(s) will be required in order to have utilities
reconnected at the location or for me/us to get utility service at a new location in the service area. I/we understand that in
the event that I/we are renting, our landlord may request information or be notified of the status of my/our account. I/we
further agree that in the event that any action is taken to collect payments due for utility services or for enforcement of any
other requirement or obligations of the City utility services, or my/our rights thereto, venue for such action shall be in the
courts of King County, Washington.
Date _______________ Signed _______________________________________________________________
Date _______________ Signed _______________________________________________________________
FOR OFFICE USE
Application taken by _____________________ Deposit Amount $_____________________ Date Deposit Received ___________________
Customer Moved, Applied on Final Bill _______________________ Date __________________________ Check #____________________
Customer Move, Refunded Full Deposit _______________________ Date __________________________ Check #____________________
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4882
Date:
November 14, 2012
Department:
Finance
Attachments:
Resolution No. 4882
Budget Impact:
Administrative Recommendation:
City Council to approve Resolution No. 4882
Background Summary:
This is a request to stop federal budget sequestration from going into effect.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Serv. Finance Parks
Human Services Planning & CD Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff: Coleman
Meeting Date: November 19, 2012 Item Number:
----------------------------
Resolution No. 4882
November 14, 2012
Page 1 of 2
RESOLUTION NO. 4 8 8 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, REQUESTING
CONGRESS TO STOP FEDERAL BUDGET
SEQUESTRATION FROM GOING INTO EFFECT
WHEREAS, as elected officials of local government, the members of the
City Council of Auburn, Washington, understand and appreciate that there are
significant responsibilities involved in managing a large governmental budget;
and
WHEREAS, in recognition of the magnitude of the federal government’s
current budget challenges and the need for fiscal responsibility, the City Council
further recognizes and appreciates that tough choices must be made to bring the
budget into balance and to achieve deficit reduction; and
WHEREAS, the issues currently facing congress call for consensus and
cooperation among both sides of the aisle and with the administration to avoid
the significant impacts and the detrimental results sequestration would have on
our national economy and economic recovery, our national security and the
citizens of this great country.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Auburn, Washington, City Council makes the
following request:
• That congress and the administration stop budget sequestration from
going into effect as it is a bad policy that will do more harm than good.
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Resolution No. 4882
November 14, 2012
Page 2 of 2
• That any deficit reduction plan should balance spending cuts with
revenue enhancements
• That spending cuts should not come from domestic discretionary
programs alone and all options should be considered.
• That the interest exemption on municipal bonds should be maintained
as it is not a loophole but a necessary mechanism for funding
municipal improvements.
Section 2. IT IS FURTHER RESOLVED that a copy of this Resolution
shall be forwarded by the City Clerk to the members of the Washington State
Congressional Delegation and to the White House.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2012.
CITY OF AUBURN
________________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney