HomeMy WebLinkAboutITEM VIII-B-2WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject
Resolution No. 3675
Department:
Public Works
Attachments:
Resolution No. 3675
Administrative Recommendation:
and Agreement
Date:
12/31/03
Budget Impact:
None
City Council adopt Resolution No. 3675.
Backqround Summary:
Resolution No. 3675 authorizes the Mayor to execute an interlocal agreement with the City of Bonney
Lake to adjust our existing, shared sanitary sewer service boundaries,
Auburn's sanitary sewer system has been sized and is situated so as to be capable of providing sewer
service to a portion of Bonney Lake's Sanitary Sewer Service Area. The City of Bonney Lake has
evaluated and determined that it is in their best interest to seek sewer service from Auburn to service the
Derringer School Districts property (Lake Tapps Elementary).
Auburn has sufficient wastewater conveyance capacity to support service to this area.
With this agreement, Auburn shall be providing the service to Bonney Lake, and Bonney Lake shall
3rovide the service to the property.
W0120-4
04.6.1
Reviewed by Council & Committees:
[] Arts Commission COUNCIL COMMITTEES:
[] Airport [] Finance
[] Hearing Examiner [] Municipal Serv.
[] Human Services [] Planning & CD
[] Park Board ~;~PublicWorks
[] Planning Comm. [] Other
Reviewed by Departments & Divisions:
[] Building [] M&O
[] Cemetery [] Mayor
[] Finance [] Parks
[] Fire [] Planning
[] Human Resources [] Police
[] Legal ~ Public Works
Action:
Commiltee Approval: []Yes []No
Council Approval: []Yes r-iNo
Referred to Until
Tabled Until
Call for Public Hearing
/ /
/ /
Councilmember: Wagner/Poe
Meeting Date: January 20, 2004
Staff: Dowdy
Item Number: VIII.B.2
AUBURN · MORE THAN YOU IMAGINED
RESOLUTION NO. 3 6 7 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
WITH THE CITY OF BONNEY LAKE TO PROVIDE
SANITARY SEWER SERVICE FROM AUBURN TO
PROPERTY LOCATED WITHIN BONNEY LAKE'S
SANITARY SEWER SERVICE AREA
WHEREAS, pursuant to RCW 35A. 11.040 Bonney Lake and Auburn
have the legal authority to exercise their powers and perform any of their
functions as set forth in RCW 39.34; and
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act,
Bonney Lake and Auburn have the legal authority to cooperate with other
localities on the basis of mutual advantage and provision of services; a~d
WHEREAS, pursuant to RCW 35A.21.150 Bonney Lake and Auburn
have the legal authority to maintain a sewerage system; and
WHEREAS, the parties recognize the responsibility of public sanitary
sewer utilities to provide efficient and reliable service to their customers at
reasonable cost; and
WHEREAS, portions of the Auburn sanitary sewer system have been
sized and are situated so as to be capable of affording sewer serviice to a
portion of the Bonney Lake Sanitary Sewer Service Area; and
Resolution No. 3675
December 31, 2003
Page I
WHEREAS, Bonney Lake has evaluated and determined it is in Bonney
Lake's best interest to establish this Agreement allowing Auburn to provide
sewer service to property within Bonney Lake's sanitary sewer service area that
lies in the vicinity of Auburn's sanitary sewer infrastructure; and
WHEREAS, Auburn's delivery of sewer service to these areas will
provide the maximum efficiency in the use of existing and future facilities,
together with orderly and efficient sanitary sewer planning.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows;
Section 1. The Mayor is hereby authorized to execute an Interlocal
Agreement with the City of Bonney Lake in substantial conformity with the
agreement attached hereto, marked as Exhibit "1" and incorporated herein by
this reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in f~ull rome
upon passage and signatures hereon.
Resolution No. 3675
December 31, 2003
Page 2
Dated and Signed this __
day of
,2004.
ClTY OFAUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Resolution No. 3675
December 31, 2003
Page 3
EXHIBIT
INTERLOCAL AGREEMENT
between
CITY OF AUBURN and CITY OF BONNEY LAKE
for the
THE ESTABLISHMENT OF SANITARY
SEWER SERVICE BOUNDARIES
THIS AGREEMENT, made and entered into by and between the CITY OF AUBURN,
a Washington municipal corporation (hereinafter referred to as "Aubum'), and the
CITY OF BONNEY LAKE, a Washington municipal corporation, (hereinafl:er referred
to as "Bonney Lake"), both being duly organized and existing under and by virtue of
the laws of the State of Washington,
WITNESSETH:
WHEREAS, pursuant to RCW 35A.11.040 Bonney Lake and Auburn have the
legal authority to exercise their powers and perform any of their functions as set forth
in RCW 39.34; and
WHEREAS, pursuant to RCW 39.34, the Interiocal Cooperation ACt, Bonney
Lake and Auburn have the legal authority to cooperate with other localities on the
basis of mutual advantage and prevision of services; and
WHEREAS, pursuant to RCW 35A.21.150 Bonney Lake and Auburn have the
legal authority to maintain a sewerage system; and
WHEREAS, the parties recognize the responsibility of public sanillary sewer
utilities to provide efficient and reliable service to their customers at reasonable cost;
and
WHEREAS, portions of the Auburn sanitary sewer system have been sized
and are situated so as to be capable of affording sewer service to a portion of the
Bonney Lake Sanitary Sewer Service Area; and
WHEREAS, Bonney Lake has evaluated and determined it is in Bonney
Lake's best interest to establish this Agreement allowing Aubum to provide sewer
service to property within Bonney Lake's sanitary sewer service area that lies in the
vicinity of Auburn's sanitary sewer infrastructure; and
WHEREAS, Auburn has sufficient wastewater conveyance capacity within
their sanitary sewer facilities to support these adjustments to the existing sewer
service areas; and
Exhibit I Aubum- Bonney Lake Interloca/Agr~mmant for the
Resolution No. 3675 Establishment of Sanitary Sewer Sewice 8ounderies
Page I of 7
WHEREAS, Aubum~s delivery of sewer service to these areas will provide the
maximum efficiency in the use of existing and future facilities, together with orderly
and efficient sanitary sewer planning.
NOW, THEREFORE:
IT IS HEREBY AGREED by and between the parties hereto as follows:
1. Sewer Service Area. The parties have agreed that Aubum will provide
sanitary sewer service to Bonney Lake for a portion of Bonney Lake's san~itary sewer
service area as graphically depicted on the map attached hereto as Attachment "A",
which is by this raferance incorporated herein. Attachment "A" represents Bonney
Lake's sewer service area that Bonney Lake has negotiated with Auburn for
wastewater conveyance and treatment via Aubum and King County facillities. The
actual sewer service provider to the area depicted within Attachment "A" shall remain
Bonney Lake. Both parties further agree that Auburn and Bonney Lake shall be
subject to the terms and conditions of this Agreement.
2. Management, Regulation and Control of Sewer System. Aubum shall
have the sole responsibility and authority to construct, maintain, manage, conduct
and operate its sewerage system as installed within Auburn's sanitary sewer service
area. Aubum shall be responsible for obtaining and maintaining a fran~;hise from
Pierce County for facilities located in Pierce County right of way. Bonney Lake shall
have the sole responsibility and authority for those facilities that extend outside of the
public right of way within Bonney Lake's sanitary sewer service area. Bonney Lake
shall be responsible for the issuance of side sewer permits and the inspection of
facilities located upon private property. Certificates of sewer availability shall be
issued from Aubum to Bonney Lake. Bonney Lake shall be responsible for ensuring
the conditions of these certificates are met.
3. Rates, Charges, Permits, and Billing Responsibilities. Rates shall be
charged from Aubum to Sonney Lake at Auburn's rate structure existing at the time
of service. Bonney Lake shall provide Auburn with the appropriate information so
that accurate billings can be established. Aubum and King County shall also have
the authority to visit the site, upon threat of termination of service, and determine if
fixture unit counts provided by the property owner are accurate. Aubum shall issue
permits and charge rates to Bonney Lake. Bonney Lake shall issue permits and
charge rates to the property owner.
No additional connections or modification to existing facilities shall be made that
would alter the number of plumbing fixtures in the facilities that convey wastewater to
Auburn, unless the property owner first pays the associated fees and submits the
proper information to obtain a Bonney Lake sanitary sewer permit. Bonney Lake
shall in tum seek an Auburn side sewer permit. Sanitary sewer permits shall be
Exhibit I Aubum- Bonney Lake Interlocal Agreement for the
Resolution No. 3675 Establishment of Sanitar/Sewer Service Boundaries
Page 2 of 7
subject to inspection and approval by Bonney Lake. Bonney Lake shall ensure that
compliance with Auburn's Sanitary Sewer Standards, as adopted at the time the
connection, is made.
The rates charged to Aubum's sanitary sewer customers shall be fixed, altered,
regulated and controlled by Auburn pursuant to all applicable laws or regulations
promulgated on the subject of rates and charges for sewer service. Nc, surcharge
shall be charged to the customers served under this agreement on the sole basis that
those customers are outside of Aubum's city limits.
Bonney Lake shall provide water usage information from the property in Attachment
"A" to Auburn's finance Department once every two months. Aubum shall send bills
for sanitary sewer service from the property in Attachment "A' to Bonney Lake's
Finance department once every two months. With this agreement Bonney Lake is
providing Auburn with the right to manually read Bonney Lake's water meters
servicing those properties described in Attachment "A".
4. 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 Auburn or Bonney Lake, the parties will at the time of such
service jointly seek approval of the Pierce County Boundary Review Board in
accordance with R.C.W. 36.93.090.
5. Comprehensive Sewer Planning. The terms of this Agreement will be
included as an element of Bonney Lake and Auburn's Comprehensive Sewerage
Plans.
6. Reliance. Each party hereto acknowledges that the other will rely upon the
terms of this agreement in its comprehensive planning to meet the needs of the
service area designated herein.
7. Indemnification. Auburn agrees to indemnify and hold Bonney Lake and its
agents, employees, and/or officers, harmless from and shall process and defend at
its own expense any and all claims, demands, suits, at law or equity, actions,
penalties, loses, damages or costs, of whatsoever kind or nature, brought against
Bonney Lake arising out of, in connection with, or incident to the execution of this
agreement and/or Auburn's performance or failure to perform any aspect of this
Agreement; provided, however, that if such claims are caused by or result from the
concurrent negligence of Bonney Lake, its agents, employees, and/or officers, this
indemnity provision shall be valid and enforceable only to the extent of the
negligence of Aubum; and provided further, that nothing herein shall require Aubum
to hold harmless or defend Bonney Lake, its agents, employees, and/or officers, from
any claims arising from the sole negligence of Bonney Lake, its agents, employees,
and/or officers. No liability shall attach to Bonney Lake by reason of enltering this
agreement except as expressly provided herein.
Exhibit I Auburn - Bonney Lake Interlocal Agr;~"nen! for the
Resolution No, 3675 Estabitshrnant of Sanitary Sewer Sewice Bounda~ies
Pag® 3 of 7
Bonney Lake agrees to indemnify and hold Aubum and its agents, employees, and/or
officers, harmless from and shall process and defend at its own expense any and all
claims, demands, suits, at law or equity, actions, penalties, loses, damages or costs,
of whatsoever kind or nature, brought against Auburn arising out of, in connection
with, or incident to the execution of this agreement and/or Bonney Lake's
performance or failure to perform any aspect of this Agreement; provided, however,
that if such claims are caused by or result from the concurrent negligence of Auburn,
its agents, employees, and/or officers, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of Bonney Lake; and provided
further, that nothing herein shall require Bonney Lake to hold harmless or defend
Aubum, its agents, employees, and/or officers, from any claims adsing frc,m the sole
negligence of Aubum, its agents, employees, and/or officers. No liability shall attach
to Auburn by reason of entedng this agreement except as expressly provided herein.
8. Assignment. The parties shall not assign this agreement or any interest,
obligation or duty therein without the express written consent of the other party.
9. Attorney's Feea. If either party shall be required to bring any action to
enforce any provision of this Agreement, or shall be required to defend any action
brought by the other party with respect to this Agreement, and in the further event
that one party shall substantially prevail in such action, the losing parfy shall, in
addition to all other payments required therein, pay all of the prevailing party's
reasonable costs in connection with such action, including such sums as the court or
courts may adjudge reasonable as attomey's fees in trial court and in appellate
COUrtS.
10. Government Approvals. The parties will give notice of the adoption of this
Agreement to King County's Department of Natural Resources - Wastewater
Treatment Division, to the Pierce County Department of Health, and to any other
agency with jurisdiction or mission relevant to the terms hereof, and shall cooperate
and assist in all reasonable manner in procuring any necessary approvals hereof by
those agencies.
11. Service Amendments. Any changes to the service areas described herein
shall be by mutual agreement. Each party may give permission to the other on a
case-by-case basis to provide service by one party into the other party's adjacent or
nearby service area based upon considerations of economic efficiency for providing
the service with mutual consent of Bonney Lake's Director of Public Works and
Aubum's Director of Public Works.
12. Notices. All notices between the two agencies hereunder may be delivered or
mailed. If mailed, they shall be sent to the following respective addresses:
Exhibit 1
Resolution No. 3675
Pag®4 of 7
Aubum- Bonney E.eke Intedocal Agreement for the
Establishment of Sanitary Sewer Se~c:e Boundaries
City of Auburn
Director of Public Works
25 West Main Street
Auburn, WA 98001
253-931-3010
City of Bonney Lake
Director of Public Works
PO Box 7380
19306 Bonney Lake Blvd
Bonney Lake, WA 98390
253-862-8602
or to such other representative as either party may hereafter from time to time
designate in writing. All notices and payments mailed by regular post (including first
class) shall be deemed to have been given on the second business day following the
date of mailing, if properly mailed and addressed. Notices and payments sent by
certified or registered mail shall bu deemed to have been given on the day next
following the date of mailing, if properly mailed and addressed. For all types of mail,
the postmark affixed by the United States Postal Service shall be conclusive
evidence of the date of mailing.
13. Alteration, Amendment or Modification. Aubum and Bonney Lake hereby
reserve the right to alter, amend or modify the terms and conditions of this
Agreement upon written agreement of both parties to such alteration, amendment or
modification. Such written consent(s) shall be filed with this agreement for future
reference.
14. Sanctity of Agreement. This agreement constitutes the entire agreement of
the parties regarding the subject matter hereof, and there are no other
representations or oral agreements other than those listed herein, which vary the
terms of this agreement. Future agreements may occur between the parties to
transfer additional or future service areas by mutual agreement.
15. Obligation Intact. Nothing herein shall be construed to alter 1:he rights,
responsibilities, liabilities, or obligations of either Auburn or Bonney Lake regarding
provision of sewer service, except as specifically set forth herein.
16.
Miscellaneoue.
A. The captions in this agreement are for convenience only and do not in
any way limit or amplify the provisions of this agreement.
B. This agreement is established in perpetuity. Modifications can be
established upon written agreement between both parties.
C. The purpose of this agreement is to clarify Auburn's and Bonn~ey Lake's
sanitary sewer responsibilities for providing service and maintainiing public
sewer facilities.
Exhibit 1
Resolution No. :3675
Page 5 of 7
Auburn - Bonney Lake Intertocal Agreement for the
Establishment of Sanitary Sewer Sewice Boundaries
D. If any term, provision, condition or portion of this Agreement is held to
be invalid, or unenforceable by a final decision of any court having jurisdiction
on the matter, the remaining of this Agreement or the application o'I such term
or provision to persons or circumstances other then those as to which it is held
invalid or unenforceable shall not be affected thereby and shall continue in full
rome and effect, unless such court determines that invalidity or
unenforceability materially interferes with or defeats the purposes hereof, at
which time Bonney Lake or Auburn shall have the right to terminate the
Agreement.
E. No modifications or amendments of this agreement shall be valid or
effective unless evidenced by an agreement in writing signed by both parties.
IN WITNESS WHEREOF the parties hereto have executed this agreemer~t as of the
day and year first above written.
CITY OF BONNEY LAKE
Approved by Resolution No. 1200 of the City of Bonney Lake, Washington, at its
regular meeting held on the __ day of ., 2003.
By:
ROBERT YOUNG,
Mayor, City of Bonney Lake
Attest:
Approved as to form:
HARWOOD T. EDVALSON
City Clerk, City of Bonney Lake
JAMES DIONNE,
City Attorney, City of Bonney Lake
Exhibit 1
Resolution No. 3675
Page 6of7
Aubum- Boflney Lake Intedocal Agreement for the
Estal~ishment of Sanita~ Sewer Servic~ Boundaries
CITY OF AUBURN
Approved by Resolution No. 3675, of the City of Aubum, Washington, at
regular meeting held on the __ day of ,2004.
By:
PETER B. LEWIS,
Mayor, City of Auburn
Attest:
DANIELLE DASKAM,
City Clerk, City of Aubum
Approye~as ~:
'--I~ANIEL I~EID, v x~_
City Attomey, City of Auburn
Exhibit 1
Resolution No. 3675
Page 7 of 7
Auburn - Bonney Lake Intedocal Agr~nent for the
Establishment of Sanitar/Sewer Sewlc~e Boundaries
SE QUARTER OF SECTION 5, TOWNSHIP 20 N, RANGE 5 E
AUBURN'S SANIT,~Ry SEWER
SERVICE BOUNDARY
PROPERTY TO BE SERVED
SCALE: 1" = 400'
Exhibit 1 - Attachment "A"
Resolution No. 3675
Page I of I
/& ra E
ATTACHMENT "A"
BONNEY LAKE - AUBURN
SANITARY SEWER SERVICE AGREEMENT
PLO1 )~-D: NOV 2003