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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