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On/GItV L
RESOLUTION NO. 2 5 6 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE 'MAYOR AND CITY CLERK TO EXECUTE
SOUTH KING COUNTY REGIONAL WATER ASSOCIATION JOINT OPERATING
AGREEMENT 'BETWEEN PARTICIPATING CITIES OF KENT, BLACK DIAMOND,
AUBURN, COVINGTON WATER DISTRICT AND KING COUNTY WATER
DISTRICT NO. 111.
WHEREAS, pursuant to RCW 39.34 entitled the "Interlocal
Cooperation Act", the City of Auburn is authorized to enter
into agreements with other public agencies to provide for the
most efficient services; and
WHEREAS, an adequate and safe water supply for SOuth King
County Regional Water Association (SKRWA) is vital to both
existing citizens and the long-term comprehensive plans of
SKRWA; and
WHEREAS, the State and SKRWA have prepared a Coordinated
Water System Plan (CWSP) for South King County; and
WHEREAS, projects that provide for the joint use and
operation of supply, transmission, storage, treatment, and
pumping facilities to minimize cost, provide for improved
water quality, protect the environment, provide for emergency
needs and maximize the best use of the resource is in the best
interest of the citizens of the region.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING, DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Resolution No, 2568
May 15, 1995
Page I
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Section ~. The Mayor and City Clerk of the city are
hereby authorized to execute South King County Regional Water
Association Joint Operating Agreement. A copy of said
Agreement is attached hereto, denominated as Exhibit "A", and
made a part hereof as though set forth in full herein.
Seotion 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
DATED and SIGNED this 5th day of June, 1995.
ATTEST:
Robin Wohlhueter,
City Clerk
21 APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
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CITY OF AUBURN
Resolution No. 2568
May 15, 1995
Page 2
CHARLES A. BOOTH
Mayor
SOUTH KING COUNTY REGIONAL WATER ASSOCIATION
JOINT OPERATING AGREEMENT
January 1995
WHEREAS, an adequate and safe water supply for South King County Regional Water
Association (SKCRWA) is vital to both existing citizens and implementing the long-term
comprehensive plans of SKCRWA; and
WHEREAS, the State and SKCRWA prepared a Coordinated Water System Plan
(CWSP) for South King County; and
WHEREAS, projects that provide for the joint use and operation of supply, transmission,
storage, treatment, and pumping facilities to minimize cost, provide for improved water quality,
protect the environment, provide for emergency needs, and maximize the best use of the resource
is in the best interest of the citizens of the region;
WHEREAS, the current and near-term water needs of the local governments and
SKCRWA require steps to establish a cooperative subregional water supply system; and
WHEREAS, the SKCRWA is committed to cooperate toward regional solutions for long
range water supply needs.
NOW THEREFORE, the SKCRWA members as the initial developers of this Joint
Operating Agreement (JOA), agree as follows:
1. GENERAL
The Members acknowledge the requirement to incorporate land use planning as
defined by the Growth Management Act with water supply planning; and
The Members recognize the benefits of developing a subregional water supply
system that will allow the optimum use of surface and groundwater to better
manage and protect the area's water resources; and
The Members will hold a joint meeting at least annually about September 30th to
review the status of this JOA and any Amendments as well as other problems of
mutual concern The specific date, time, and location of the meeting will be set by
mutual agreement.
Exhibit "A" Resolution No. 2568
January 13, 1995 -1- 43960:joa. doc
INTENT
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The general intent of the Members is to cooperatively provide the additional
facilities needed to develop a South King County Subregional Water Supply
System (Subregional System). The Members may choose by Interlocal Agreement
to produce additional water and distribute it within the Subregional System, with
or without change to their retail service area.
The JOA provides a framework for joint development of specific projects that may
include two or more of the Participants. Each facility project and/or intertie shall
be developed under a separate Intedocal Agreement (IA) consistent with this JOA
subject to approval by appropriate affected city council and/or water district
boards. The specific intent of this JOA is to make provisions for a standardized
method to create or expand the Subregional System to meet the public water
supply needs for both emergency and long-term use, and to establish a basis for
agreement between the Participants for financing, ownership, construction, and
operation of projects required for the Subregional System. These projects may
include common facilities with other Agencies outside the SKCRWA.
It is further the specific intent of this JOA to preserve existing water rights and
protect the established or planned interest and needs of each Participant with
respect to sources of water.
Exhibit A is a suggested content of what should be included in each Interlocal
Agreement.
It is the desire of the Members that this JOA be incorporated into the South King
County CWSP at the next update.
The term "Participant" as used in this JOA shall mean all the signatories of an IA
consistent with and implemented subsequent to this JOA.
The term "members" as used in this JOA shall mean all the members of the
SKCRWA whether they have signed this JOA or not.
SUBREGIONAL SUPPLY SYSTEM AND SERVICE AREA
A. "Subregional System" shall mean:
(a)
that portion of the Participants' sources, interties, transmission, and storage
systems required to supply water to the service area of the Participants or
new facilities as defined by a separate IA.
January 13, 1995 -2- 43960:joa. do~
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those designated capacities within a Participant
defined in the appropriate IA.
system as specifically
"Service Area of the Subregional System" shall mean the Participants' Designated
Water Service Areas identified in the CWSP as shown on Exhibit B or as approved
by amendments to the CWSP or the Participants' Comprehensive Water Plan.
"Facility Ownership". Ownership of the physical facilities that exist on the date of
this JOA shall remain with the individual Participants. Unless otherwise agreed to
within a specific IA, ownership and operational responsibilities of new facilities
shall be based generally on location in designated service areas, with capacity
rights defined by appropriate IA.
WATER SUPPLY - CAPACITY RIGHTS
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Capacity Rights - Each Participant may purchase capacity in planned
improvements to the Subregional System. Any changes in these capacity rights
shall be recognized by an IA, approved by the appropriate affected city councils
and/or water district boards.
Additional JOA Participants - Other agencies may purchase capacity rights in the
Subregional System with consent of the SKCRWA. Such consent shall not be
unreasonably withheld. If other agencies become a JOA Participant in future
projects, past costs recognized by the JOA including, but not limited to cost
associated with development of this JOA, Water Rights, negotiations, and any
Feasibility Studies will be assessed to the new agency..
Wholesaling Water - The Participants may wholesale water through lease or
otherwise, delivered through the Subregional System to areas outside of
Participant's respective Service Area, so long as the other Participants' capacity
rights are not negatively impacted. Members of the SKCRWA shall have right of
first refusal for excess capacity which would be sold to non-members.
Conservation and Curtailment. All Participants will develop and implement a
conservation plan that is consistent with State guidelines and will incorporate
guidance to ensure that their program is compatible with the Conservation Plan
implemented by the source of supply agency. In addition, if a source of supply
agency develops and implements a curtailment plan all purchasers shall develop
and implement a compatible curtailment plan.
Quality - An objective of the Members is to maintain the quality of the water in
the Subregional System at or above the quality required by the State drinking
water standards. The purchasing Participant will be responsible for ensuring water
quality blending analyses and other water quality issues are resolved to their own
January l3, 1995 -3- 43960~oLdoc
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satisfaction. The Participants will meet periodically to ensure that water quality
and operational issues are addressed, and that needed information is exchanged in
a timely fashion. The written results of these meetings will be circulated in a timely
manner to all members and participants and reviewed at the annual meeting.
Additional Facilities - Projected needs will be identified by the Participants based
on the Participant's designated service areas. As five or more years may be needed
to bring major new source capacity capabilities on line, five-year and ten-year
forecasts are required, and must be updated whenever a Participant becomes aware
of any significant change in their forecast demand. These will be discussed jointly
as they arise, and reviewed at the annual meeting.
Financing - Each Project IA will include pertinent details of financing for that
project. Financial participation in existing and additional facilities will be based on
each Participant's projected need for each facility, as designated capacity rights.
Cost of Service Charge - The Members and Participants will establish wholesale
water sales charges for both emergency and long-term supply that include: (1)
capital cost, (2) fixed operating cost, and (3) a variable operating cost based on
quantity of water delivered based on actual costs of providing the service.
Fixed and variable operating and maintenance costs payments will be made
monthly per meter and use rates. Projected annual rate adjustments and
documentation shall be provided at the annual meeting. Any rate increase will be
effective beginning January 1, of the following year.
(0
The Rates and Charges for the capital, operation, and maintenance of the
system shall be based on the following:
(a)
Capital Cost - Those construction related costs incurred for
Capacity Rights. Capital Costs for facilities contracted solely for a
specific project (described in an IA) are allocated based on
designated capacity to be purchased.
Capital costs shall include the debt service for each Participant.
Such debt service shall be defined as the actual debt service on debt
issued for the Participant's proportionate share of capacity rights,
or if no debt is issued for the Participant's costs by the financing
Participant, the amortized value at the interest rate of the most
recent revenue bond issued by the financing Participant over 20
years. However, should all capital costs be paid in full by any
Participant purchasing capacity rights prior to the time of the
financing Participant incurring the costs, no interest charges shall be
assigned to the Participant purchasing capacity rights.
January 13, 1995 -4- 43960:joa.doc
(b)
Capital Costs associated with a supplying Participant's construction
of their internal water system facilities may be included in the fixed
and variable operating costs as appropriate, using cost of service
principles, in the same manner as those costs are included in the
supplying Participant's customer rate base.
(c)
Fixed Operating Cost - The cost of labor, supervision, supplies,
utilities, services, taxes, insurance, and all other costs required to
operate and maintain the system other than those items included
under Variable Operating Cost. The operating cost will include an
allocation for renewal and replacement.
Variable Operating Cost - Those costs directly proportionate to the
volume of water produced, including chemicals, electric power, and
other costs required to meet customer and system needs not
included in (a) and (b) above.
(2) Accounting
Subregional System accounting shall be documented in accordance with
generally accepted accounting practices acceptable to the Participants.
ADMINISTRATIVE~ LEGAL AND OTHER PROVISIONS
Each Participant shall designate in writing their representative responsible for
coordination and implementation of the JOA and the subsequent IAs. The
designated individuals will be the primary contact for all project approvals and
communication and shall prepare and publish a schedule and plan to facilitate the
planning, design and day-by-day operation of facilities associated with the JOA.
An Annual Meeting of the Members and Participants shall be held to review past
activity and to propose efforts that may lead to further Amendments to this JOA.
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This JOA shall remain in full force unless terminated by mutual agreement. Any
Member may request Amendment to this JOA at any time with approval subject to
SKCRWA Bylaws.
January 13, 1995 -5- 43960:joa.doc
IN WITNESS WHEREOF, the SKCRWA members hereto have caused this al~reement to be
executed by their proper Officers on the//'Tt~ day of ~ 199,Q~.
Title: Mayor Charles A. Booth
City of Auburn
Attest:
Robin Wohlhueter, City Clerk
Apri~oved, As To Form: ,
blichael J. Reynolds,
: _ _,' City Attorney
City of Black Diamond
Attest:
By:
Approved As To Form:
By:
Attest:
Title: ~,-Y' J~-~y~:~'~r.~7
Covington Water District
By:
Approved As To Form:
By:
January 13, 1995 -6- 43960:joa. doc
Attest:
Approved As To Form:
By:
King County Water District #11 i/
Approved As To Form:
By:
By:
Title:
Date:
Attest:
By:
Approved As To Form:
By:
January l3, 1995 -7- 43960~oa.doc
By:
Title:
Date:
Attest:
By:
Approved As To Form:
By:
By:
Title:
Date:
Attest:
By:
Approved As To Form:
By:
January l3, 1995 -8- 43960~oa.doe
EXHIBIT A
SOUTH KING COUNTY REGIONAL WATER ASSOCIATION
JOINT OPERATING AGREEMENT
CHECKLIST FOR INTERLOCAL AGREEMENTS
Project Title
General
List of Utilities to be Parties to the Inteflocal Agreement (IA) and approval of
appropriate city councils and/or water district boards.
~ Consistency with Joint Operating Agreement (JOA).
121 Description of need for project.
[21 Listing of potential Wholesale customers for water per Section 4.C of the JOA.
rn Recognition of assessment of costs associated with development of JOA per Section
4.B of the JOA.
tn Recognition South King County Regional Water Association (SKCRWA) members
have right of first refusal on excess capacity per Section 4.C of the JOA.
121 Recognition that capacity and water rights are available to meet the needs of the IA.
Description of the Project
Inclusion of a drawing (or description) which identifies all the facilities to be considered
within the IA. Included within the description should be all jointly and solely owned
facilities that are to be operated or paid for by a Party to the IA.
The information within the description should include the following:
[21 Long-term ownership of the facility
~ Party responsible for long-term maintenance of the facility
~ Party responsible for payment for design and construction for the facility
Project Costs, Financing, and Capacity Rights
~ Description of all project costs and the allocation to each Party.
121 Definition of Capacity rights for all facilities.
January 13, 1995 -1- 43960:ExhibA. doc
~ Definition of cost sharing for long-term maintenance for each facility.
~ Definition of methods of reimbursement for monies expended (if required).
IZI Description of any applicable latecomer fees or hook-up charges.
IZI Description of requirements for record keeping and monitoring of costs.
121 Description of manner to finance project and to pay for purchased water including
initial costs and method to adjust costs over time.
Project Design and Construction Management
[~ Definition of overall project management responsibilities.
~1 Definition of design and construction management responsibilities for individual
facilities.
~ Description of basic periodic meeting schedule for project review.
Conditions of Service
I-I Limitations to source sharing or delivery of water (if any).
~ Design Criteria for full project.
rn Minimum and maximum flow rates and pressures.
~ Items specifically excluded from the project.
Term of Duration of the Agreement
Discussion of the length of time the agreement is in effect as well as the method to
terminate the agreement and succeeding agencies' obligations.
Amendments
Methods by which the agreement could be amended.
Hold harmless, liability language, etc.
January 13, 1995 -2- 43960:ExhibA. doe