HomeMy WebLinkAbout2090
1
RESOLUTION NO. 2090
2
3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN ,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERAGENCY AGREEMENT BETWEEN THE CITY OF AUBURN AND METRO TO
PROVIDE AN AMENDMENT TO THE SEWAGE DISPOSAL AGREEMENT.
4
5
6
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A
7
REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT:
8
Section 1. The Mayor and City Clerk of the City of
9
Auburn are herewith authorized to execute an Interagency
10
Agreement between the City of Auburn and METRO to provide an
11
amendment to the sewage disposal agreement in order to
12
implement the recommendations of the Rate Structure Advisory
13
Committee adopted by the Metro Council July 6, 1989. A copy
14
of said Agreement is attached hereto and denominated Exhibit
15
16
"A".
Section 2. The Mayor is hereby authorized to implement
17
such administrative procedures as may be necessary to carry
18
out the directives of this legislation.
DATED and SIGNED this !lJ;iJday of c;Jt~
, 1990.
19
20
21
22
23
24
25
26
Resolution No.
Page 1
May 30, 1990
~ -""",~,~~,,,,,,,,~-,,,,~,,,,"-'-'-'~'~~~-;'~"""-^'-_._~'-'-"----
1
2
3
4
5
6
7
8
9 ATTEST:
CITY OF AUBURN
10
11
~(;)~~)
Robin Wohlhue~er, City Clerk
12
13
14
APPROVED AS TO FORM:
15
18
Marguerite Schellentrager,
city Attorney
19
20
21
22
23
24
25
--------------------
26
Resolution No.
Page 2
May 30, 1990
._-~,_.".,~~_.__."~".__.-~-
CITY OF AUBURN
. .
1!J1iJl#p/
J{j;i? I . ..Il!f/}
CITy 1!.i8lj lJl/
CITy C OF AVe
ZERlfs URN
OFFICE
MUNICIPALITY OF METROPOLITAN SEATTLE
AMENDMENT TO AGREEMENT
FOR SEWAGE DISPOSAL
THIS AMENDMENT made as of the
1=tIu
day
of ?J~ ~ /9tf.D between the City of
Auburn, a municipal corporation of the State of Washington
(hereinafter referred to as the "City") and the Municipality
of Metropolitan Seattle, a metropolitan municipal
corporation of the State of Washington (hereinafter referred
to as "Metro");
WITNESSETH:
WHEREAS, the parties have entered into a long term
Agreement for Sewage Disposal dated March 1, 1974
(hereinafter referred to as the "Basic Agreement"); and
WHEREAS, an advisory committee composed of elected
and appointed officials in the metropolitan area was
appointed by the Metropolitan Council to examine the
structure of Metro's charges to its participants; and
WHEREAS, said advisory committee, following
"
extensive research, study and deliberations, has recommended
certain changes in the structure of Metro's charges to its
participants and implementation of said changes requires
amendment of the Basic Agreement; and
WHEREAS, the parties have determined that the
recommendations are in the best public interest and
therefore desire to amend said Basic Agreement to implement
sai~ recommendations;
NOW, THEREFORE, it is hereby agreed as follows:
(~&f1tj t'4~
P'QJ rl 1)0/)
--
1
Section 1. Amendment of Section 5 of the Basic
Agreement. Section 5 of the Basic Agreement is hereby
amended to read as follows:
"Section 5. Payment for Sewaqe Disposal. For the
disposal of sewage hereafter collected by the City and
delivered to Metro the City shall pay to Metro on or before
the last day of each month during the term of this
Agreement, a sewage disposal charge determined as provided
in this Section 5.
1. For the quarterly periods ending March 31,
June 30, September 30 and December 31 of each year every
Participant shall submit a written report to Metro setting
forth:
(a) the number of Residential CUstomers billed by
such Participant for local sewerage charges as of the last
day of the quarter,
(b) the total number of all customers billed for
local sewerage charges by such Participant as of such day,
and
(c) the total water consumption during such
quarter for all customers billed for local sewerage charges
by such Participant other than Residential CUstomers.
The quarterly water consumption report shall be
taken from water meter records and may be adjusted to
exclude water which does not enter the sanitary facilities
of the customer. Where actual sewage flow from an
individual customer is metered, the metered sewage flows
shall be reported in lieu of adjusted water consumption.
The total quarterly water consumption report in cubic feet
shall be divided by 2,250 to determine the number of
Residential CUstomer equivalents represented by each
,
,
I
Participant's customers other than single family residences.
Metro shall maintain a permanent record of the quarterly
customer reports from each Participant.
2
P/~,~lq/)
The City's first quarterly report shall cover the
first quarterly period following the date when sewage is
first delivered to Metro and shall be submitted within
thirty days following the end of the quarter. Succeeding
reports shall be made for each quarterly period thereafter
and shall be submitted within thirty (30) days following the
end of the quarter.
2. (a) To form a basis for determining the
monthly sewage disposal charge to be paid by each
Participant during any particular quarterly period, Metro
shall ascertain the number of Residential CUstomers and
Residential Customer equivalents of each Participant. This
determination shall be made by taking the sum of the actual
number of Residential customers reported as of the last day
of the next to the last preceding quarter and the average
number of Residential Customer Equivalents per quarter
reported for the four quarters ending with said next to the
last preceding quarter, adjusted for each Participant to
eliminate any Residential CUstomers or Residential CUstomer
equivalents whose sewage is delivered to a governmental
agency other than Metro or other than a Participant for
disposal outside of the Metropolitan Area.
(b) For the initial period until the City shall
have submitted six consecutive quarterly reports, the
reported number of Residential CUstomers and Residential
Customer equivalents of the City shall be determined as
provided in this subparagraph (b). On or before the tenth
day of each month beginning with the month prior to the
month in which sewage fro~ thp. City is first delivered to
Metro, the City shall submit a written statement of the
number of Residential CUstomers and Residential CUstomer
equivalents estimated to be billed by the City during the
next succeeding month. For the purpose of determining the
basic reported number of Residential Customers and
3
T?t1~ /~f)q/)
,
Residential CUstomer equivalents of the City for such next
succeeding month, Metro may at its discretion adopt either
such estimate or the actual number of Residential Customers
and Residential CUstomer equivalents reported by the City as
of the last day of the next to the last preceding reported
quarter. After the City shall have furnished six
consecutive quarterly reports the reported number of
Residential CUstomers and Residential CUstomer equivalents
of the City shall be determined as provided in the
immediately preceding subparagraph (a).
(c) If the City shall fail to submit the required
monthly and/or quarterly reports when due, Metro may make
its own estimate of the number of Residential Customers and
Residential Customer equivalents of the City and such
estimate shall constitute the reported number for the
purpose of determining sewage disposal charges.
3. The monthly sewage disposal charge payable to
Metro shall be determined as follows:
(a) Prior to July 1st of each year Metro shall
determine its total monetary requirements for the disposal
of sewage during the next succeeding calendar year. Such
requirements shall include the cost of administration,
operation, maintenance, repair and replacement of the
Metropolitan Sewerage System, establishment and maintenance
of necessary working capital and reserves, the requirements
of any resolution providing for the issuance of revenue
bonds of Metro to finance the acquisition, construction or
use of sewerage facilities, plus not to exceed 1% of the
,
foregoing requirements
for general administr~tiva
-.."",..""",,...1-. ,_ -:.-~
....'~. ;;;0.... ...&..;~......
costs.
(b) To determine the monthly rate per Residential
Customer or Residential Customer equivalent to be used
during said next succeeding calendar year, the total
monetary requirements for disposal of sewage as determined
4
PM/d()90
in subparagraph 3(a) of this section shall be divided by
twelve and the resulting quotient shall be divided by the
total number of Residential CUstomers and Residential
CUstomer equivalents of all Participants for the October-
December quarter preceding said July 1st; provided, however,
that the monthly rate shall not be less than Two Dollars
($2.00) per month per Residential Customer or Residential
Customer equivalent at any time during the period ending
July 31, 1972.
(c) The monthly sewage disposal charge paid by
each Participant to Metro shall be obtained by multiplying
the monthly rate by the number of Residential Customers and
Residential Customer equivalents of the Participant. An
additional charge may be made for sewage or wastes of
unusual quality or composition requiring special treatment,
or Metro may require pretreatment of such sewage or wastes.
An additional charge may be made for quantities of storm or
ground waters entering those Local Sewerage Facilities which
are constructed after January 1, 1961 in excess of the
minimum standard established by the general rules and
regulations of Metro.
4. The parties acknowledge that, by resolution of
the Metropolitan Council, Metro may impose a charge or
charges directly on the future customers of a Participant
for purposes of paying for capacity in Metropolitan Sewage
Facilities and that such charges shall not constitute a
breach of this agreement or any part thereof. The proceeds
of said charge or charges, if imposed, shall be used only
for capital expenditures or defeasance of outstanding
revenue bonds prior to maturity.
In the event such a charge or charges are imposed,
the City shall, at Metro's request, provide such information
regarding new residential customers and residential customer
,
5
PI /J Jr::) /) q ))
equivalents as may be reasonable and appropriate for
purposes of implementing such a charge or charges.
5. A statement of the amount of the monthly
sewage disposal charge shall be submitted by Metro to each
Participant on or before the first day of each month and
payment of such charge shall be due on the last day of such
month. If any charge or portion thereof due to Metro shall
remain unpaid for fifteen days following its due date, the
Participant shall be charged with and pay to Metro interest
on the amount unpaid from its due date until paid at the
rate of 6% per annum, and Metro may, upon failure to pay
such amount, enforce payment by any remedy available at law
or equity.
6. The City irrevocably obligates and binds
itself to pay its sewage disposal charge out of the gross
revenues of the sewer system of the city. The City further
binds itself to establish, maintain and collect charges for
sewer service which will at all times be sufficient to pay
all costs of maintenance and operation of the sewer system
of the City, including the sewage disposal charge payable to
Metro hereunder and sufficient to pay the principal of and
interest on any revenue bonds of the City which shall
constitute a charge upon such gross revenues. It is
recognized by Metro and the City that the sewage disposal
charge paid by the City to Metro shall constitute an expense
of the maintenance and operation of the sewer system of the
City. The City shall provide in the issuance of future
'.
"
",
sewer revenue bonds of the City that expenses of maintenance
and operation~' of the s(~we:i" system Cr.! th~ Ci'ty shall DiC paid
before payment of principal and interest of such bonds. The
City shall have the right to fix its own schedule of rates
and charges for sewer service provided that same shall
produce revenue sufficient to meet the covenants contained
in this Agreement.
6
fJl/1,,/}1) q))
Section 2. Effective Date of Amendment. This
amendment shall take effect at the beginning of the first
quarter following the date first written above with quarters
beginning January 1, April 1, July 1, and October 1.
Section 3. Basic Aqreement Unchanqed. Except as
otherwise provided in this amendment, all provisions of the
basic agreement shall remain in full force and effect as
written therein.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first written above.
ATTEST:
&.!J)~"--\~~. \~
~ ...I MARGUERITE. GER; ~TY ;.d'lORNEY
roBIN IDHLHUEI'ER, CITY CLERK
MUNICIPALITY OF
METROPOLITAN SEATTLE
Gary Zimmerman
Chair of the Council
ATTEST:
\
7
f~cJtJc;i)
Section 2. Effective Date of Amendment. This
amendment shall take effect at the beginning of the first
quarter following the date first written above with quarters
beginning January 1, April 1, July 1, and October 1.
section 3. Basic Aqreement Unchanqed. Except as
otherwise provided in this amendment, all provisions of the
basic agreement shall remain in full force and effect as
written therein.
IN WITNESS WHEREOF, the parties have executed this
Agreement as of the day and year first written above.
ATTEST:
&. tJ~~.l~
j/X ./ MARGUERITE. GER; Ci'n ~I.I0RNE.Y
ROBIN WJHLHUETER, CITY CLERK
MUNICIPALITY OF
METROPOLITAN SEATTLE
~:v/~
Chair of the Council
ATTEST:
~.~
7
?r!~~~ (-:}()? ()