HomeMy WebLinkAbout5353 RESOLUTION NO. 5:3.5 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT
WITH THE LAKEHAVEN WATER AND SEWER DISTRICT FOR.
THE PURPOSE OF MODIFYING THE SEWER DISTRICT'S
SANITARY SEWER SERVICE AREA
WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal authority
to exercise its powers and perform any of its functions as set forth in RCW 39.34;
and
WHEREAS, in January 2004 the Commissioners of the Lakehaven Utility
District adopted Resolution No. 2004-1006 authorizing the General Manager to
execute an interlocal agreement with Auburn, which agreement was
subsequently signed by the City of Auburn as authorized under Auburn
Resolution No. 3651; and
WHEREAS, in March 2005 the Commissioners of the Lakehaven Utility
District adopted Resolution No. 2005-1038 authorizing the General Manager to
execute an amendment to' the interlocal agreement with Auburn, which
amendment subsequently signed by the City of Auburn as authorized under
Auburn Resolution No. 3824; 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
Resolution No. 5353
03/14/18
Page 1
WHEREAS, portions of the Auburn sanitary sewer system have been
sized with sufficient wastewater conveyance capacity and are situated so as to
be capable of affording sewer service to a number of properties that lie within the
Lakehaven Sanitary Sewer Service Area and adjacent to Auburn's Sanitary
Sewer Service Area; and
WHEREAS, Auburn has evaluated sanitary sewer service issues relative
to the adjacent properties and determined that it is feasible for Auburn to provide
sanitary sewer service to those properties; and
WHEREAS, Lakehaven has evaluated the request and determined that
Lakehaven can transfer to Auburn that portion of its Sanitary Sewer Service Area
adjacent to the City of Auburn's infrastructure so that Auburn can provide sanitary
sewer service to those properties.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an amendment
to the Interlocal Agreement with Lakehaven Utility District, in substantial
conformity with the agreement 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 directions of this
legislation.
Resolution No. 5353
03/14/18
Page 2
Section 3. This Resolution shall take effect and be in force upon
passage and signatures thereon.
DATED and SIGNED on this j t day of )1(Gtiteil_.) , 2018.
CITY OF AUBURN
ANCYB ,k. S, M •Y• -
ATTEST:
Ai $ ,. I
Da 'elle E. Daskam, City Clerk
APP' •V- i A 1 1f la OR
1
D B. Heid, City Attorney
Resolution No. 5353
03/14/18
Page 3
EXHIBIT A TO RESOLUTION 5353
AMENDMENT NO. 2
TO THE LAKEHAVEN WATER AND SEWER DISTRICT AND CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
SANITARY SEWER SERVICE BOUNDARIES
AMENDMENT NO. 2
TO THE LAKEHAVEN WATER AND SEWER DISTRICT AND CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
SANITARY SEWER SERVICE BOUNDARIES
THIS AGREEMENT, made and entered into th•is 2- day of 2018,
by and between LAKEHAVEN WATER AND SEWER DISTRICT, a Washington municipal
corporation (hereinafter referred to as "Lakehaven"), 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, as an
amendment to the Interlocal Agreement dated February 2, 2004, between the parties and
executed on the 8th day of January, 2004, and the 20th day of January, 2004, respectively
(hereinafter referred to as "Original Agreement") as amended by Amendment No. 1 to
that agreement, dated February 22, 2005, between the parties and executed on the 10th
day of March, and the 22nd day of February, 2005, respectively.
WITNESSETH:
WHEREAS, in January 2004 the Commissioners of the Lakehaven Water and
Sewer District adopted Resolution No. 2004-1006 authorizing the General Manager to
execute an interlocal agreement with Auburn, which agreement was subsequently signed
by the City of Auburn as authorized under Auburn Resolution No. 3651; and
WHEREAS, in March 2005 the Commissioners of the Lakehaven Water and Sewer
District adopted Resolution No. 2005-1038 authorizing the General Manager to execute
an amendment to the interlocal agreement with Auburn, which amendment subsequently
signed by the City of Auburn as authorized under Auburn Resolution No. 3824; 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 with
sufficient wastewater conveyance capacity and are situated so as to be capable of
affording sewer service to a number of properties that lie within the Lakehaven Sanitary
Sewer Service Area and adjacent to Auburn's Sanitary Sewer Service Area; and
WHEREAS, Auburn has evaluated sanitary sewer service issues relative to the
adjacent properties and determined that it is feasible for Auburn to provide sanitary sewer
service to those properties; and
WHEREAS, Lakehaven has evaluated the request and determined that
Lakehaven can transfer to Auburn that portion of its Sanitary Sewer Service Area adjacent
to the City of Auburn's infrastructure so that Auburn can provide sanitary sewer service
to those properties.
Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
NOW, THEREFORE in consideration of their mutual covenants, conditions, and
promises, IT IS HEREBY AGREED by and between the parties hereto as follows:
ITEM ONE REVISION TO SERVICE AREA BOUNDARY
The parties have agreed to modify the mutual sewer service planning boundary as
established in the Original Agreement and modified by Amendment No. 1. The properties
depicted in Exhibit A and described in Exhibit B are hereby designated to be within the
City of Auburn's sanitary sewer service area and no longer within the Lakehaven Water
and Sewer District's sanitary sewer service area.
ITEM TWO REMAINING TERMS UNCHANGED:
That all other provisions of the Original Agreement as modified by Amendment No. 1 not
herein amended shall remain in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day
and year first below written.
LAKEHAVEN WATER AND SEWER DISTRICT
Approved by Resolution No. 2.CAS—V1Ckbf the Lakehaven Water and Sewer District,
Federal Way, Washington, at its regular meeting held on the n_st day of
� �.. , 2018.
By:
•
Appro ed as to Form:
,' r�
•
Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
CITY OF AUBURN
Approved by Resolutiop No. 5353 of the City of Auburn, Washington, at its regular
meeting held on the P day of , 2018.
By:_.
NtG
Ba•ks, Mayor
Attest: Approve• as to :
Ci rk Ci rAttorne
Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
EXHIBIT 'A'
Legal Description for Lakehaven to Auburn Sewer Service Transfer Area
A portion of thesoutheast quarter of the southwest quarter of Section 14 and the northeast
quarter of the northwest quarter of section 23,all in Township 21 North,Range 4 East,WM.,City
of Auburn, King County,Washington,,said:portion`:described as follows:
Commencing at an angle point in the westerly boundary of the Interlocal Agreement described.in
City of Auburn Resolution 3824 dated February 22, 2005,said angle point being at the
intersection of the north margin of State Highway No.18 and the southerly projection of the
centerline of 58th Avenue South;
Chence southerly along said westerly`boundary'and'said southerly..projection of 58th Avenue
South to the south margin of the lands conveyed to the City of Auburn,from the State of
Washington in deed recorded under King County Recording No.8709221482 and the point of
beginning for this boundary description;
Thence continuing southerly along said westerly boundary and said southerly projectionof 58th
Avenue South to the north margin of South 336th Street;
Thence westerly along said westerly boundary and the north margin of South 336th Street to the
west margin of 56th Avenue South;,
Thence southerly along said westerly boundary and:the west margin of 56th.Avenue'South.to.the
north margin of South 340th Street;`
Thence Westerly alongsaid'Westerly:,boundary-and said north'margin of South340th-Streetto the
east margin of 55th Avenue South;
Thence leaving said westerly boundary of City of Auburn Resolution 3824, northerly along said
east margin of 55th Avenue South to the south margin of South 336th Street;
Thence easterly along said south margin of South 336th Street to the southerly proJection of the
west line of the southeast quarter of the southwest quarter of said Section 14;
Thence northerly along said west line to said"south margin of the lands conveyed to the City of
Auburn in deed recorded under King County Recording No.8709221482;
Thence easterly along,said south margin to the point of beginning.
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Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement.
Establishing Sanitary Sewer Service Boundaries
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Amendment No. 2 to the Lakehaven Water and Sewer District
And the City of Auburn Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries
LAKEHAVEN WATER AND SEWER DISTRICT
King County,Washington
Resolution No.2018-1306
A RESOLUTION of the Board of Commissioners of the Lakehaven Water
and Sewer District, King County, Washington, approving Amendment No. 2 to the
sanitary sewer service boundary with the City of Auburn, authorizing the General
Manager to execute an agreement reflecting such amendment on behalf of the
District and amending District Resolution No. 2004-1006.
WHEREAS, the District is authorized under state law to provide water and sanitary sewer
service pursuant to adopted comprehensive plans, and
WHEREAS, under authority of existing regulatory requirements, the District and the City
of Auburn have determined to establish, by interlocal agreement, service area boundaries between
their respective water and sewer systems, and
WHEREAS, since the adoption of the sewer service area boundary, Auburn and the
District have concluded that certain territory within the area designated for sewer service by the
District would be better served by Auburn,and
WHEREAS, the parties have previously executed Amendment No. 1 to the interlocal
agreement to transfer service jurisdiction of an area to Auburn,and
WHEREAS,Auburn and the District have discussed terms for a second amendment which
would transfer the service jurisdiction for an additional area to Auburn, and
WHEREAS, the Board believing the transfer of service jurisdiction to be in the best
interests of the District
NOW,THEREFORE,BE IT RESOLVED as follows:
1. The District hereby approves an Amendment No. 2 to the "Interlocal Agreement
Establishing Sanitary Sewer Service Boundaries" with the City of Auburn to provide
that the area referenced in Exhibit "A" shall hereinafter be included within the service
area jurisdiction of the City of Auburn.
2. The General Manager is hereby directed to execute an agreement with Auburn to
provide for such transfer.
3. Resolution No. 2004-1006 is hereby amended in part to reflect the transfer of service
jurisdiction herein.
4. This Resolution shall be effective on the date of adoption below.
Resolution No. 2018-1306 Page 1
ADOPTED by the Board of Commissioners of Lakehaven Water and Sewer District, King
County, Washington,at an open public meeting this %2 ``day of April,2018.
AF1'BST
</-',-r;0-1-,.. Z--------
President an Commissioner Yea Nay Abstain
1644-0-6---
Vice President and Commissioner Yea Nay Abstain
Secretary and Commissioner Yea Nay Abstain
7 Ji , 0 ______,,
ommissioner Yea Nay Abstain
Commissioner Yea 1 Nay Abstain
---- i (' ' I
Approved as to form: \ t
General Counsel
Resolution No. 2018-1306 Page 2
Lalceliaven
WATER & SEWER DISTRICT
316271st Avenue South • P.O.Box 4249 • Federal Way,WA 98063-4249
253-941-1516 Federal Way • 253-927-2922 Tacoma • www.lakehaven.org
RECEIVED
April 17, 2018
APR 19 2018
Robert Elwell, P.E. City of Auburn
City of Auburn Wit_Eraginceedeig BeMoes
25 West Main Street
Auburn, Washington 98001-4998
RE: AUBURN-LAKEHAVEN SEWER INTERLOCAL AGREEMENT AMENDMENT (NO. 2)
Revised Sewer Service Area Boundary
Mr. Elwell:
Enclosed is an original signed copy of Lakehaven Resolution 2018-1306, adopted by
Lakehaven's Board of Commissioners on 4/12/18, along with an original of the referenced
ILA Amendment signed by the Board President & Lakehaven's General Counsel; amending
the sewer service area boundary in the vicinity of southeast Peasley Canyon. At this time,
Lakehaven will consider the service area boundary amended accordingly. Thanks for your
assistance in this matter.
Let me know if there's any questions or if additional information is needed.
Sincerely,
Brian Asbury
Development Engineering Supervisor
Enclosures