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RESOLUTION NO. 1 3 4 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
AUTHORIZING THE MAYOR OF THE CITY OF AUBURN, TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND KING COUNTY WATER DISTRICT NO. 87
CONCERNING THE TRANSFER OF KING COUNTY WATER DISTRICT NO. 87'S WATER
SYSTEM TO THE CITY OF AUBURN.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING
DULY ASSEMBLED, HEREWITH RESOLVES THAT:
THE Mayor of the City of Auburn, Washington, is herewith authorized and
directed to execute an Agreement between the City of Auburn and King County
Water District No. 87 concerning the transfer of King County Water District
No. 87's water system. A copy of said Agreement is attached hereto, denomi-
nated as Exhibit "A" and made a part hereof as though set forth in full
herein.
THE Mayor is hereby authorized to implement such administrative procedures
as may be necessary to carry out the directions of this legislation.
DATED and SIGNED this 6th day of July, 1982.
BURN
ATTEST:
~~~erk
Resolution No. 1341
7/6/82
AGREEMENT CONCERNING TRANSFER OF KING COUNTY
WATER DISTRICT NO. 87'S WATER SYSTEM TO THE
CITIES OF AUBURN AND KENT
April 1, 1982
IT IS AGREED by and between WATER DISTRICT 87, King County, a Washington
Municipal Corporation ("WP 87"); and the Cities of AUBURN ("Auburn") and KENT,
("Kent") Washington, collectively, "the cities") as follows:
1. Authority
This agreemen~ is entered into pursuant to RCW 35A~13.070, which
authorizes one or more cities and water districts to contract regarding
ownership of property, providing or water service, and operation of
facilities.
2~ Transfer of Water System
The ownership of WD 87's entire "water system" shall, as of the above
date, be transferred and conveyed to Auburn and Kent, in the manner
provided below.
The term "water system" shall include, but not be limited to, all WD $7
water mains and appurtenances; hydrants; easements; licenses; franchises;
permits and facilities, rights and assets of any kind or nature whatsoever.
Said transfer is subject to the cities' performance of all of the terms
and conditions of this agreement.
The cities hereby accept their respective portions of the water system on
the terms of this agreement.
3. Division of Si/stem
The entire WD 87 water system lying southerly of the following described
line will become the property of the Auburn and the remaining portion of
the water system (lying northerly of the following described line) shall
become the property of Kent:
Starting at a point of intersection on the westerly
boundary line of WD ~87 which is the easterly margin of
the Chicago Milwaukee and St Paul Railroad right-of-way
with the southerlY right-of-way line of S. 277th street
and projecting easterly therefrom along said southerly
right-of-way line to an intersection point wi th the
easterly margin of the Burlington Northern Railroad
right-of-way thence northerly therefrom along said
easterly line to an intersection point with the northerly
right-of-way line of S. 277th street thence projecting
easterly therefrom along said northerly, right-of-way line
to the easterly boundary line of WD #87 which is the
westerly line of S.S. Highway ~5 (aka) East Valley Highway.
WD 87's customer records will be divided between the cities, accordi~g to
the above division of the water system and any temporary services.
The limited hand tools and miscellaneous personal property owned by WD 87
will be transferred to Auburn.
¢. Connection to Auburn Si/stem
The cost of inter-connecting the WD 87 water system to Auburn's water
system shall be paid for from monies presently in the WD 87 maintenance
fund.
The City of Kent is presently connected to the WD 87 water system, and no
further connections are presently needed.
5. Costs and Expenses/WD 87 Money
The following shall be paid from WD 87 money, in the following order of
priority:
WD 87 routine debts and expenses.
WD 87's attorney's fees for drafting of this
agreement, and related work.
Any attorney's fees and/or ccsts
boundary review board or other
approvals (per paragraph IO hereof).
in obtaining
governmental
Cost of inter-conecting the WD 87 system to
Auburn's water system (per paragraph 4 hereof).
To the extent that any WD 87 money remains after payment of the above, the
same shall be divided evenly between the cities proportionate to the
nun,)er of WD 87 customers to be served permanently by the cities.
To the extent that the WD 87 funds are inadequate to pay all of the above,
then the City of Auburn shall bear any remaining cost of inter-connecting
the water systems. If there is insufficient WD 87 money to pay all of the
other above-listed items in full (other than ~D debts), then any amount
remaining due shall be borne by the cities according to the same permanent
customer ratio as above.
6. Service Interruptions
The cities each agree that transfer of the water system will not result in
any interruption of water service to any WD 87 customer other than that
normally experienced in the day-to-day operation of the respective water
systems.
7. Water Rates
The cities each agree that former WD 87 customers shall, following
transfer ai~d in the future, be charged for water service, and pay the same
connection and other charges, as the cities charge in each case, its other
customers in the same class of service. Sevice shall also be of the same
quality as that received by other customers in the same class.
8. Teml~orary Service
Auburn and Kent recognize, and agree, that until their respective water
systems are readily available within the present WD 87 service area, each
will have to extend temporary water service to existing customers on the
opposite side from them on the above described boundary line. During such
temporary service, the customers shall pay the serving city's rates and
charges, and the serving city will maintain the water mains, hydrants and
meters serving those temporary Customers.
The city temporarily serving such customers will turn over the customers
to the other city on request. Both cities agree to cooperate in the
transition of these customers from one city to the other and agree that
water service to the customers will not be interrupted unnecessarily
during the transition.
No property temporarily served by one of the cities shall be assessed, or
otherwise required to pay, for new water mains or facilities in order to
transfer their services over to the other city unless said property is
specifically benefitted beyond the availability of the existing service.
No new water services including five hydrants and five service lines will
be connected to a water main owned by one city but temporarily being
utilized to serve the above said customers (property), without the written
consentof the other city.
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2/11/82
9. Preferential Employme.n.t
The employees of WD 87 shall be entitled to offers of comparable full-time
employment from both AuDurn and Kent, in accordance with RCW 35.13A.090.
lO. Governmental Approvals
If, in the opinion of either city, it is necessary to so obtain :'approval
of this agreement by the King County Boundary Review Board, King County
Council, and/or any other governmental body, then that city shall so
notify the other parties to this agreement prior to transfer of WD 87's
remaining monies to the cities.
The cities shall determine, between themselves, which city (or WD 87)
shall obtain such approval(s). Regardless of who obtains the approval(s),
the cost thereof shall be paid from WD 87 funds to the extent available.
ll. Financial Records
WD 87's financial and other records are available
inspection and copying by either of the cities.
on request,, for
12. WD 87 Indebtedness
WD 87 shall, as above, pay all of its debts from its present funds~ WD 87
warrants that on the effective date of this agreement it will have no
debts. Further WD 87 has no bonds, warrants or similar oblications
outstanding, and will not issue any in the future. WD 87 also warrants
that it does not have any ULID or other assessments receivable, and will
not form any improvement districts in the future.
WD 87 warrants that, to the best of its knowledge and the knowlege of its
Water Commissioners, there are no pending, asserted or threatened claims,
suits or liens against it or any of its water system, monies or other
assets. IF WD 87 or any its commissioners should receive notice or
knowledge of any such claim, suit or lien prior to the effective date of
this agreement, WD 87 will immediately notify other cities. The Water
Comissioners of WD 87 shall not be personally liable for the foregoing
warranties; and shall not be personally liable for performance of any of
the terms of this agreement unless they shall, by Board of Water
Commissioners's action, vote or otherwise cause te breach of this
agreement.
13. WD 87 Continuin9 Authority.
Following the effective date of this agreement, WD 87 shall remain a
municipal corporation, and its commissioners shall remain in office for at
least their present terms of office, unless WD 87 is sooner dissolved as
set forth below. During the continued existence of WD 87, its
co~issioner shall not exercise any rights, privileges, powers or
fUnctions provided by law to WD 87, except at the request of one or both
of the cities. If such request is made by only one of the parties, then
such actions' shall be taken only with respect to that city's portion of
the WD 87 water system. The WD 87 Commissioners shall not be obliged to
undertake any action unless it is necessary to implement, clarify or carry
out this. agreement and, in such case, the other city(les) requesting the
action shall thereby agree to save the WD 87 Commissioners harmless from
any liability in respect to the same.
14. Dissolution of WD 87.
Any one or more of the par~ies to this agreement, or anyone else having
standing to do so, may petition and/or take such steps having standing to
do so, may petition and/or take such steps as are necessary to dissolve WD
87 under any available statutory authority and procedure. In the event
that WD 87 has not been dissolved within five (5) years of the effective
date of this agreement, then the cities agree that they will immediately
thereafter petition for the dissolution of WD 87 pursuant of RCW ~7.90
governing the disincorporation of special districts that have not actively
carried out any of.the district's purposes or functions for a period of
2/11/82
five years, or any similar or other statutes then in effect. The cost of
such disincorporation shall be borne by the cities in the same proportion
as other expenses are provided for in this agreement.
15. Ap~prova1 by Parties
This agreement shall be submitted to the governing bodies of each of the
parties and approved by City Ordinance and Water District Resolution.
Certified copies of said ordinances and resolution shall be furnished each
of the parties to this agreement. Adoption of said ordinances and
resolution shall serve in lieu of signature to this agreement.
Notwithstanding the effective date set forth as the beginning of this
agreement, this agreement si~ail be effective 45 days after it is approved
by all three {3) parties.
DATED as of the date set forth hereinabove.
CITY OF AUBURN
CITY OF KENT
WATER DISTRICT NO. 87, KING COUNTY
1681-57A
2/11/82