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HomeMy WebLinkAboutITEM VIII-B-1WASHINGTON AGENDA BILL APPROVAL FORM Aflenda Subject Resolution No. 3651 Department: Attachments: Public Works Resolution No. 3651 Date: 1/14/2004 Budget Impact: Administrative Recommendation: City Council adopt Resolution No. 3651. Backqround Summary: Resolution No. 3651 authorizes the Mayor to execute an Interlocal Agreement Establishing Sanitary Sewer Service Boundaries between the City and Lakehaven Utility District (LUD). LUD currently provides sanitary sewer service within Auburn's Proposed Annexation Area (PAA), and portions of their system have been sized and are situated so as to be capable of providing service to an additional portion of Auburn's PAA that is adjacent to LUD's sanitary sewer infrastructure. AtJburn has evaluated sewer service issues to this area and have determined that it is not cost feasible for Auburn to provide direct sewer service to this area. W0120-1 O4.6.1 Reviewed by Council & Committees: [] Arts Commission COUNCIL COMMFI-FEES: [] Airport [] Finance [] Hearing Examiner [] Municipal Serv. [] Human Services [] Planning & CD [] Park Board l~PublicWorks [] Planning Comm. [] Other Reviewed by Departments & Divisions: [] Building [] M&O [] Cemetery [] Mayor [] Finance [] Parks [] Fi~e [] Planning [] Human Resources [] Police [] Legal [] Public Works Action: Committee Approval: []Yes []No Council Approval: []Yes []No Referred to Until Tabled Until Councilmember: Wagner/Poe Meeting Date: January 20, 2004 Call for Public Hearing / / .~/__/ Staff: Dowdy Item Number: VIII.B.1 AUBURN · MORE THAN YOU IMAGINED RESOLUTION NO. 3 6 $1 A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING SANITARY SEWER SERVICE BOUNDARIES BETWEEN THF LAKEHAVEN UTILITY DISTRICT AND THE CITY OF AUBURN WHEREAS, pursuant to RCW 35.A. 11.040, Auburn has tile legal authority to exercise its powers and perform any of its functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, pursuant to RCW 35A.21.150, Auburn has the legal authority to maintain a sewerage system; and WHEREAS, pursuant to RCW 57.08.044, Lakehaven has the legal authority, whether by contract or othent~ise, to provide sewer service to properbj owners in areas outside existing district boundaries; 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. 3651 December 22, 2003 Page I WHEREAS, Lakehaven's 1999 Draft Comprehensive Wastewater System Plan notes a region within Auburn's Potential Annexation Area (hereinafter referred to as "Auburn's PAA") to which Lakehaven intends to provide sanitary sewer service; and WHEREAS, Lakehaven is currently providing sanitary sewer service within Auburn's PAA; and WHEREAS, portions of the Lakehaven sanitary sewer system have been sized and are situated so as to be capable of affording sewer service to a portion of Auburn's PAA; and WHEREAS, Auburn has evaluated sewer service issues and determined that it is not cost feasible to provide direct sewer service within its PAA adjacent to Lakehaven's sanitary sewer infrastructure; and WHEREAS, Lakehaven's delivery of sewer service to these areas will provide the maximum efficiency in the use of existing and future facilities and sanitary sewer planning; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute an Interlocal Agreement Establishing Sanitary Sewer Service Boundaries between the Lakehaven Utility District and the City of Auburn in substantial confomlity with Resolution No. 3651 December 22, 2003 Page 2 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 directives of this legislation. Section 3, This resolution shall be in full force and effect upon passage and signatures hereon, DATED this __ day of ,20~. CITY OFAUBURN A'FI'EST: PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk City Attorney Resolution No. 3651 December 22, 2003 Page 3 EXHIBIT "A" LAKEHAVEN UTILITY DISTRICT and CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING SANITARY SEWER SERVICE BOUNDARIES THIS AGREEMENT, made and entered into this __ day of , 2004, by and between LAKEHAVEN UTILITY DISTRICT, a Washingten 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, WITNESSETH: 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, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, pursuant to RCW 35A.21.150, Auburn has the legal authority to maintain a sewerage system; and WHEREAS, pursuant to RCW 57.08.005(5) and 57.08.044, Lakehaven, as a special purpose water/sewer district, has the legal authority, whether by contract or otherwise, to provide sewer service to property owners in areas outside existing district boundaries; 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, Lakehaven's adopted and approved 1999 Comprehensive Wastewater System Plan and its Amendment No. 1 notes a region within Auburn's Potential Annexation Area (hereinafter referred to as "Auburn's PAA") to which Lakehaven intends to provide sanitary sewer service; and WHEREAS, Lakehaven is currently providing sanitary sewer service within Auburn's PAA; and Exhibit 'A", Auburn Resolution No, :3651 Lakehaven - Auburn Interlocal Agreement Establishing Sanitary Sewer Service Boundaries Page 1 of 5 WHEREAS, portions of the Lakehaven sanitary sewer system have been sized and are situated sc as to be capable of affording sewer service to a portion of Auburn's PAA; and WHEREAS, Auburn has evaluated sewer service issues and determined that it is not cost feasible to provide direct sewer service within its PAA adjacent to Lakehaven's sanitary sewer infrastructure; and WHEREAS, Lakehaven's delivery of sewer service to these areas, will provide the maximum efficiency in the use of existing and future facilities and sanitary sewer planning; NOW, THEREFORE: IT IS HEREBY AGREED by and between the parties hereto as follows: '1. Sewer Service Area. The parties have agreed to a mutual sewer service planning boundary as depicted on the maps attached hereto as Attachment 1 and legally described in Attachment 2, which are by this reference incorporated herein. Both parties further agree that, through this designation of the service boundary, Lakehaven shall provide sanitary sewer service to properties mutually within its sanitary sewer service area and Auburn's PAA, also depicted on Attachment 1, in accordance with and subject to the terms and conditions of this Agreement. 2. Management, Regulation and Control of Sewer System. Lake, haven shall have the sole responsibility and authority to construct, maintain, manage, ,conduct and operate its sewerage system within the area mutually designated as Lakehaven's sanitary sewer service area and Auburn's PAA as depicted in Attachmenll 1, together with any additions, extensions and betterments thereto. Lakehaven shall also be responsible for obtaining all necessary governmental franchises, approvals, easements and permits for the installation of the sewerage system and improvements to be located therein. 3. Service Rates and Connection Charges. a) Permit Required. No connection shall be made to Lakehaven's sanitary sewer system unless the property owner first pays the associated fees and submits the proper information to obtain a Lakehaven sanitary sewer connection permit, and otherwise meets the requirements for service as provided in duly adopted Resolutions of Lakehaven. The connection shall be subject to inspection for compliance with Lakehaven's standards as adopted at the time the connection is made. Exhibit 'A', Auburn Resolution No. 3651 Lakehaven - Auburn Intedocal Agreement Establishing Sanitary Sewer Service Boundaries Page 2 of 5 b) Rates. The rates charged to the sanitary sewer customer by Lakehaven mutually within Lakehaven's sanitary sewer service area and Auburn's PAA, as depicted on Attachment 1, shall be fixed, altered, regulated a~nd otherwise controlled by Lakehaven pursuant to the limitation on such authority as set forth in Chapter 57 RCW, or other applicable laws. 4. Sewer Availability Certificates. Lakehaven shall continue to issue sewer availability certificates for property located both within its sanitary sewer service area and Auburn's PAA, as depicted in Attachment 1. 5. Future Annexations. Each of the parties agree that Lakehaven shall provide sanitary sewer service to the area depicted in Attachment 1 without regard to the present corporate boundaries of the parties and without regard to future corporate boundaries as they may be periodically altered through annexation. 6. Lakehaven Comprehensive Sewer Planning. The terms of this AGreement will be included as an amendment to Lakehaven's Comprehensive Wastewater System Plan. Lakehaven will submit to Auburn all Comprehensive Wastewater System Plans and amendments thereto involving areas and/or system improvements witlhin Auburn's PAA. 7. Auburn Comprehensive Sewer Planning. The terms of this Agreement will be included as an amendment to Auburn's Comprehensive Sewerage Plan. Auburn will submit to Lakehaven all Comprehensive Sewerage System Plans and emendments thereto involving area and/or system improvements within Auburn's PAA. 8. Reliance. Each party hereto acknowledges that the terms hereof will be relied upon by the other in its comprehensive planning to meet the needs of the :service area designated herein. 9. Liability. The parties agree that this Agreement shall not be a source of liability for either party for any failure or interruption of service in the service area of the other party, as designated herein. 10. Government Approvals. Auburn will give notice of the adoption of this Agreement to Metropolitan/King County, to the Department of Ecology, to the Department of Health, and to any other agency with jurisdiction over, or other interest in, the terms hereof, and the parties shall cooperate and assist each other in all reasonable manner in procuring any necessary approvals hereof by those agencies. 1'1. Boundary Review Board. In the event that implementation of the terms hereof results in permanent sewer service to areas that will be outside the respective service boundaries of Lakehaven or Auburn, the parties will, at the time of such service, jointly seek King County Boundary Review Board approval of such service in accordance with RCW 36.93.090. Exhibit "A", Auburn Resolution No. 3651 Lakehaven - Auburn Interiocal Agreement Establishing Sanitary Sewer Service Boundaries Page 3 of 5 12. Service Amendments. Any changes to the service areas described herein shall be by mutual written agreement. Each party, through Auburn's Direclor of Public Works and Lakehaven's General Manager respectively, may give written permission to the other, on a case-by-case basis, to provide service to the other party's adjacent or nearby sewer service area based upon considerations of economic efficiency. Such written permission(s) shall be filed with this agreement for future reference. 13. Alteration, Amendment or Modification. Any alterations, amendments or modifications to this agreement shall be by mutual consent of the parties. '14. Indemnification and Hold Harmless. Each Party hereto agrees to protect, defend, and indemnify the other Party, its officers, officials, employees and agents from any and all cost, claims judgements and/or awards of damages, arising out of or in any way resulting from the Party's default, failure of performance, or negligent conduct associated with this agreement, by the Party, its employees, subcontractors or agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. '15. Miscellaneous. Auburn and Lakehaven agree that an area in the vicinity of 51st Avenue South and South 320th Street and depicted in Attachment 3 is currently being served by Auburn via temporary pump station and may in the future be more efficiently served by a gravity conveYance system discharging to Lakehaven's facilities. This section does not obligate Lakehaven to accept any sanitary sewer facilities in said area. This section is intended only to make Lakehaven aware of Auburn's desire to eventually adjust the sanitary sewer service boundaries to allow Lakehaven to provide sanitary sewer service to said area, and for Lakehaven to plan for this action. Auburn and Lakehaven will abide by Section 12 of this Agreement when adjusting sanitary sewer service boundaries. '16. Integration. This agreement constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other representations or oral agreements other than those listed herein, which vary the terms of this agreement. Future agreements may occur between the parties to transfer additional or future service areas by mutual agreement. 17. Obligation IntacL Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of either Lakehaven or Auburn regarding provision of sewer service, except as specifically set forth herein. Exhibit "A", Aubum Resolution No. 3651 Lakehaven - Auburn Intedocel Agreement Establishing Sanitary Sewer Service Boundaries Page 4 of 5 LAKEHAVEN UTILITY DISTRICT Approved by Resolution No. of the Lakehaven Utility Way, Washington, at its regular meeting held on the day of 2004. By: District, Federal Donald T. Perry, General Manager Lakehaven Utility District Approved as to form: Steven H. Pritchett, General Counsel Lakehaven Utility District CITY OF AUBURN Approved by Resolution No. 3651 of the City of Auburn, Washington, at its regular meeting held on the day of ,2004. By: Attest: Peter B. Lewis, Mayor City of Auburn D(a.~ B. ~~ney Danielle Daskam, City Clerk Exhibit "A", Auburn Resolution No. 3651 Lakehaven - Auburn Interlocal Agreement Establishing Sanitary Sewer Service Boundaries Page 5 of 5 LEGEND LEGEND A~'T)~C~I~BIT l Attachment 2 LAKEHAVEN UTILITY DISTRICT and CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING SANITARY SEWER SERVICE BOUNDARIES BOUNDARY DESCRIPTION BEGINNING at a point 170 feet east of the Northwest corner of the Southeast quarter of the Southwest quarter of Section 35, Township 22 North, Range 4 East, W.M., in King County, Washington; THENCE south 662.54 feet, more or less, to the North line of the South half of said subdivision; THENCE easterly along said North line to a point 300 feet west of the East line of said subdivision; THENCE south to a point 170 feet north of the South line of said subdivision; THENCE east 300 feet, more or less, to the East line of said subdivision; THENCE southerly along said East line to the South line of said Section 315; THENCE continuing southerly along the West line of the Northeast quarter of Section 2, Township 21 North, Range 4 East, W.M., in King County, Washington, a distance of 221.12 feet; THENCE easterly, parallel with the North line of said subdivision, 220.20 feet; THENCE southerly, parallel with the West line of said subdivision, 130 feell; THENCE easterly, parallel with the North line of said subdivision, 1,304.44 feet; THENCE southerly, parallel with the West line of said subdivision, 494 feet; THENCE easterly, parallel with the North line of said subdivision, 680.8 feet; THENCE southerly, parallel with the West line of said subdivision, 100 feet; THENCE easterly, parallel with the North line of said subdivision, 428 feet, more or less, to the East line of said subdivision; THENCE southerly, along said East line to the Northeast corner of the South half of the South half of the Northeast quarter of the Southeast quarter of said Section 2; THENCE westerly, along the North line of said subdivision, 518.77 feet; Attachment 2 Lakehaven - Auburn Interlocal Agreement Establishing Sanita~ Sewer Service Boundaries Page 1 of 4 THENCE southerly, parallel with the East line of said subdivision, 328.01 feet; THENCE westerly, along the South line of said subdivision, 130.02 feet, more or less to the Northeast corner of the West half of the Southeast quarter of the Southeast quarter of said Section 2; THENCE southerly, along the East line of said subdivision, 964.41 feet; THENCE westerly, parallel with the North line of said subdivision, 650 fl,=et, more or less, to the East line of the Southwest quarter of the Southeast quarter of said Section 2; THENCE southerly, along said East line, 328.77 feet, more or less, to the South line of said subdivision; THENCE westerly, along said South line, to the centerline of 56th Avenue South; THENCE southerly, along said centerline of 56th Avenue South, to the centerline of South 305th Street in Section 11, Township 21 North, Range 4 East, W.M., in King County, Washington; THENCE westerly, along said centerline of South 305th Street, to a point of intersection with the northerly projection of the West line of Lot 2, Block 5, Auburn Heights Park Division No. 2, according to the plat thereof recorded in Volume 49, Page 99, records of King County, Washington; THENCE southerly, 320 feet, more or less, parallel with said West line of Lot 2, to the South line of Lot 4, Block 5, of said plat; THENCE easterly, along said South line of Lot 4, to the Northwest corner of Lot 5, Block 5 of said plat; THENCE southerly and southeasterly, along the West lines of Lots 5 arid 9, of said plat, to the Northeast corner of Block 7, Auburn Heights Park Division No. 1, according to the plat thereof recorded in Volume 49 of Plats, Page 56, records of King County, Washington; THENCE southerly, along the East line of Block 7 of said plat, to the Soutlheast corner of Lot 2, Block 7, of said plat; THENCE westerly, parallel with the South line of said plat, along the north lines of Lot 19 and Lot 1, Block 6, Lot 15 and Lot 1, Block 5, and Lot 26, Block 4, of said plat, to the centerline of 51st Avenue South; THENCE southerly, along said centerline of 51st Avenue South, to the Southwest corner of said Section 11; Attachment 2 Lakehaven - Auburn Interiocal Agreement Establishing Sanitaiy Sewer Service Boundaries Page 2 of 4 THENCE continue southerly, along the West line of Section 14, Township 21 North, Range 4 East, W.M., in King County, Washington, 329.57 feet; THENCE east 30 feet to the Southwest corner of Lot 17, West Auburn Five-Acre Tracts, according to the plat thereof recorded in Volume 15, Page 12, records of King County, Washington; THENCE continue easterly, along the South line of said Lot 17, to the Southeast corner thereof; THENCE northerly, along the East line of said Lot 17, 150 feet, more or less, to the Northwest corner of Lot 2, King County Short Plat No. 1080026R, as recorded under Auditor's File No. 8106080708, records of King County, Washington; THENCE easterly, along the North line of said Lot 2, to the West line of Lot 1, King County Short Plat No. 1080027, as recorded under Auditor's File No. 8;106080709, records of King County, Washington; THENCE northerly, along the West line of said Lot 1, to the Northwest corner thereof; THENCE easterly, along the North lines of Lots 1, 2 and 4, of said shorll plat, to the Northeast corner of said Lot 4; THENCE East 60 feet to the West line of Lot 19, West Auburn Five-Acre Tracts, according to the plat thereof recorded in Volume 15, Page 12, records of King County, Washington; THENCE southerly, along the West line of said Lot 19, 9.43 feet; THENCE easterly, parallel with the North line of said Lot 19, 294.8 feet; THENCE northerly, parallel with the West line of said Lot 19, 119.43 feet, more or less, to the South margin of South 320th Street; THENCE easterly, along said south margin of South 320th Street, 150 feel:; THENCE southerly, parallel with the West line of said Lot 19, 119.43 feet; THENCE easterly, parallel with the North line of said Lot 19, 9.59 feet; THENCE southerly, parallel with the West line of said Lot 19, 5 feet; THENCE easterly, parallel with the North line of said Lot 19, 13.53 feet; THENCE southerly, parallel with the West line of said Lot 19, 178.866 feet, more or less, to the most Northwesterly corner of Lot 4, King County Short Plat No. 278048, as recorded under Auditor's File No. 8004030782, records of King County, Washington; Attachment 2 Lakehaven - Auburn Interlocal Agreement Establishing Sanitary Sewer Service Boundaries Page 3 of 4 THENCE southerly, along the West line of said Lot 4, to the Southwest corner thereof and the North line of Lot 2, King County Short Plat No. 1077053, as recorded under . Auditor's File No. 7808100856; THENCE westerly, along the North line of said Lot 2, to the Northwest corrler thereof; THENCE southerly, along the West lines of Lot 2 and Lot 4 of said short plat, to the North line of Lot 30, West Auburn Five-Acre Tracts, according to the plat thereof recorded in Volume 15, Page 12, records of King County, Washington; THENCE easterly, along the North line of said Lot 30, 147.35 feet; THENCE southerly, parallel with the East line of said Lot 30, to the centerline of South 324th Street; THENCE westerly, along said centerline of South 324th Street, to the centerline of 56th Avenue South; THENCE southerly, along said centerline of 56th Avenue South, to the North margin of State Highway No. 18; THENCE easterly, along said North margin of State Highway No. 18, to the southerly projection of the centerline of 58th Avenue South; THENCE southerly, along said centerline of 58th Avenue South, to the centerline of South 344th Street; THENCE westerly, along said centerline of South 344th Street, to the centerline of 56th Avenue South; THENCE southerly, along said centerline of 56th Avenue South, to the easterly projection of the South line of Lot 24, Block 27, Jovita Heights, according to the plat thereof recorded in Volume 20 of Plats, Page 12, records of King County, Washington, and the terminus of this boundary description. Attachment 2 Lakehaven - Auburn Interlocal Agreement Establishing Sanitary Sewer Service Boundaries Page 4 of 4 LEGEND IPAGE1 I1