HomeMy WebLinkAbout2800
1
RESOLUTION NO. 2 8 0 0
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, SETTING FORTH INTENT AND AUTHORIZING THE MAYOR AND
4 CITY CLERK TO EXECUTE A SANITARY SEWER CONNECTION AGREEMENT
5 BETWEEN THE MUCKLESHOOT INDIAN TRIBE AND THE CITY OF AUBURN,
AND REQUIRING TRANSMITTAL TO MUCKLESHOOT INDIAN TRIBE.
6
7 WHEREAS, in order to meet the standards prescribed by the
8
State of Washington, Department of Ecology, for the collection
9
and disposal of sewage effluent within the State, the City of
10
11 Auburn constructed a sanitary sewage collection system
12 including transmission facilities to the King County
13 Department of Natural Resources, Water Pollution Control
14
Division (METRO); and
15
WHEREAS, the Muckleshoot Indian Tribe have requested
16
17 community sewage collection and disposal facilities to resolve
18 current sanitation needs of the Muckleshoot Indian Tribe
19 Reservation not currently served by a sanitary sewage
20
collection system;
21
WHEREAS, the City of Auburn finds it is in the benefit of
22
23 public health, safety and welfare to authorize the extension
24 of the sanitary sewage collection system to resolve the
25
26
------------------------
Resolution No. 2800
January 10, 1997
Page 1
? ? 1 r 3
1 current sanitation needs of the Muckleshoot Indian Tribe on
2
its Reservation; and
3
WHEREAS, the City of Auburn is mandated to comply with
4
5 the Washington State Growth Management Act and to be
6 consistent with the City Comprehensive Plan and to authorize
7
the extension of the sanitary sewage collection system to
8
resolve the current sanitation needs of the Muckleshoot Indian
9
Tribe on its Reservation which consists of its current
10
11 Reservation boundaries and its current population, allowing a
12 limited number of additional residential housing units to
13
provide separate residential housing units for Tribal members
14
now residing in current over-crowded residential units, is
15
consistent with the State Growth Management Act and the City's
16
17 Comprehensive Plan; and
18 WHEREAS, the City of Auburn desires to cooperate with
19
Federal agencies who have provided grant monies specifically
20
to resolve the current sanitation needs of the Muckleshoot
21
22 Indian Tribe on its Reservation and without the cooperation of
23 the City of Auburn the purpose of the grants to resolve the
24 current sanitation needs could not be met; and
25
26
------------------------
Resolution No. 2800
January 10, 1997
Page 2
r
,
r ,
1
WHEREAS, the authorization of the entry into the Sanitary
2
Sewage Connection Agreement which under the findings of fact
3
4 set forth herein, has no adverse environmental effect and with
5 the intent of resolving current sanitation needs of the
6 Muckleshoot Indian Tribe on its Reservation, the Sanitary
7
Sewage Connection Agreement has a positive environmental
8
effect; and
9
10 WHEREAS, it is the specific intent of the City to
11 authorize this Resolution and the specific intent of the City
12 to enter into the Sanitary Sewage Connection Agreement for the
13
purpose of providing such sewer connection for residential
14
uses and those commercial and institutional uses as
15
16 specifically identified in the Sanitary Sewage Connection
17 Agreement; and
18 WHEREAS, the use of the sanitary sewage collection system
19
beyond the intent set forth herein is a material breach of the
20
Sanitary Sewage Connection Agreement and the purposes of the
21
22 Federal Grant for its construction, and is not authorized; and
23 WHEREAS, any change, modification or amendments to the
24 Sanitary Sewage Connection Agreement shall be consistent with
25
26
------------------------
Resolution No. 2800
January 10, 1997
Page 3
t
,
l ? r
1
the intent set forth herein and any change, modification or
2
amendments inconsistent with the intent set forth herein shall
3
be unauthorized, null and void; and
4
5 WHEREAS, it is the desire of the City of Auburn to
6 encourage the economic vitality of the members of the
7
Muckleshoot Indian Tribe and to encourage them in the
8
development of their cultural heritage, however sewage
9
connections beyond those specifically authorized in the
10
11 Sanitary Sewage Connection Agreement, even though they may
12 promote the economy of the Tribe, are not authorized.
13
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
14
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
15
16 RESOLVES AS FOLLOWS:
17 Section 1. The Mayor and City Clerk of the City of
18 Auburn are hereby authorized to execute a Sanitary Sewage
19
Connection Agreement between the MUCKLESHOOT INDIAN TRIBE and
20
the CITY OF AUBURN. A copy of said Agreement is attached
1
21
22 hereto, denominated as Exhibit "A", and made a part hereof as
23 though set forth in full herein.
24
25
26
------------------------
Resolution No. 2800
January 10, 1997
Page 4
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
' - ,
Section 2. The City Clerk is directed to transmit a copy
of this Resolution to the Muckleshoot Indian Tribe.
Section 3. The findings of fact set forth above set
forth the City Council's intent implementing this legislation
and authorizing the execution of Exhibit "A".
Section 4. If any provision of this Resolution or the
Sanitary Sewer Connection Agreement referred to as Exhibit "A"
is determined to be invalid the remaining provisions of this
Resolution and the Sanitary Sewer Connection Agreement
referred to as Exhibit "A" shall remain in force and effect.
Section 5. 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 21st day of January, 1997.
CITY OF AUBURN
0 , k At-\
CHARLES A. BOOTH
MAYOR
------------------------
Resolution No. 2800
January 10, 1997
Page 5
r e
?. r
r r
?
1
2
3
4
5
6
7
8
9
10
11,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ATTEST:
Robin Woh hueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
------------------------
Resolution No. 2800
January 10, 1997
Page 6
r ,
r r
r ,
0R1GI ?t L
SANITARY SEWAGE CONNECTION AGREEMENT
between the
CITY OF AUBURN
and the
MUCKLESHOOT INDIAN TRIBE
of the
MUCKLESHOOT INDIAN RESERVATION
KING COUNTY, WASHINGTON, USA
This Agreement is entered into between the City of
Auburn, a municipal corporation under the laws of the State of
Washington, hereinafter referred to as the "City," and the
Muckleshoot Indian Tribe, a federally-recognized Indian Tribe
located on the Muckleshoot Indian Reservation, hereinafter
referred to as the "MIT" and "MIT Reservation" respectively.
WHEREAS, in order to meet the standards prescribed by the
State of Washington, Department of Ecology, for the collection
and disposal of sewage effluent within the State, the City
constructed a sanitary sewage collection system including
transmission facilities to the King County Department of Natural
Resources, Water Pollution Control Division, hereinafter referred
to as "Metro", wastewater treatment plant; and
WHEREAS, the MIT has identified the need for community
sewage collection and disposal facilities to resolve current
sanitation needs of the MIT Reservation not currently served by a
sanitary sewage collection system; and
WHEREAS, the Indian Health Service, hereinafter referred
to as "IHS," the Environmental Protection Agency, hereinafter
referred to as "EPA," the MIT and the City concur in the need for
a sewage collection, treatment and disposal system to protect the
health of MIT members and to safeguard the environment in and
around the MIT Reservation; and
WHEREAS, the IHS, the EPA, the MIT and the City have
entered into a separate Memorandum of Agreement to provide for
the construction of a sewage collection and transmission system
on the MIT Reservation and for connection of this sewage system
to the City's sewage system utilizing funding from the Indian
Set-Aside Program of the Clean Water Act - 1987 amendments,
through the EPA and funding from the IHS through Sanitation
Facilities Construction Program, Public Law 86-121, under Project
PO-94-690; and
_ Exhibit "A" - Resolution No. 2800
-1 Adopted 1 /21 /97
r }
, i
WHEREAS, this Agreement is required by EPA and IHS for
the MIT to obtain the funding to resolve its current residential
sanitation needs; and
WHEREAS, the consideration the City will receive from
this Agreement is enhancement of public health by connecting
current septic systems to a new sewer system; and
WHEREAS, furtherance of public health and safety of area
inhabitants requires that all sewage collected by the MIT and
discharged into the City's system of sanitary sewers be both non-
harmful and non-toxic to both the City's system of sanitary
sewers and area residents, as well as in conformity with
reasonable rules and regulations; and
WHEREAS, the Auburn City Council has by Resolution No.
a copy of which is attached hereto and is incorporated
herein by this reference, expressly reviewed and reaffirms the
policy set forth in Resolution No. 2671 authorizing the execution
of the September 6, 1995, Memorandum of Agreement Among the IHS,
the EPA, the City, and the MIT of the MIT Reservation, also
identified as Public Law 86-121, Project PO-94-690 ("Four Party
Agreement" herein), and thereby authorized its Mayor to execute
this Agreement which authorizes sanitary sewage connections for
residential, single family housing units and specific existing
non-residential facilities;
WHEREAS, all parties agree that this Agreement is solely
for the purpose of protecting public health and contemplates only
the connection of the 40 existing homes in the Skopabsh Village,
up to 230 units of residential housing, and those other
facilities set forth in the City's Resolution No. 2671, page two,
which are defined as "Tribal administration, Tribal school,
library, senior center, Tribal store, churches";
WHEREAS, the MIT Tribal Council has by Resolution No.
a copy of which is attached hereto and is incorporated
herein by this reference, expressly reviewed and approved this
Agreement and secured Bureau of Indian Affairs, hereinafter
referred to as "BIA", approval pursuant to Title 25, Section 81,
of the U.S. Code; and
WHEREAS, the dispute resolution provisions of this
Agreement shall apply to all issues arising between the parties
which relate to sewer and sewer related services; and
NOW, THEREFORE, in order to provide for connection and
continued use of the MIT's sewage collection and transmission
system to the City's sewage system, the parties mutually agree:
Exhibit "A" - Resolution No. 2800
-2-
Adopted 1/21/97
I 1
1. CONNECTION AUTHORIZED
1.1 MIT is authorized to connect to City sewer line to
service only 40 existing homes in Skopabsh Village, MIT
residential units in existence at the time of City Resolution No.
2671 passage (estimated to be approximately 130 units), up to a
maximum of 100 additional units of single family housing, and MIT
governmental or community facilities such as administration,
school, library, senior center, store, and churches.
II. CITY'S SYSTEM DEVELOPMENT CHARGE
2.1 Determination of System Development Charge. That
the MIT agrees to provide the City with a listing of all
connections to the MIT's sewage system and agrees to pay the City
a one-time System Development Charge, hereinafter referred to as
SDC, for each connection to the MIT's sewage system. This
listing will be updated by the MIT as needed on a monthly basis
as an attachment to the monthly utility fee paid to the City.
The SDC for each connection shall be as calculated utilizing
Metro forms 1057, 1058, and 0461, latest revisions, copies of
which are attached hereto, for Residential Customer Equivalents,
hereinafter referred to as "RCE's". The MIT has already pre-paid
the SDC' s for 230 RCE units with IHS funds in April, 1996. The
current charge for a single family residential and every other
RCE connection is $840.
2.2 This SDC rate is subject to change as described in
Article XIV. of this Agreement.
2.3 The City agrees to waive the SDC for the 40 existing
MIT homes in the Skopabsh Village housing area due to these homes
being connected to the City sewage system since 1977.
III. CITY'S USER FEE
3.1 Because the MIT has responsibility for ownership,
operation and maintenance of the MIT's sewage collection and
transmission system, the parties agree that the MIT will provide
the City with a monthly user fee equivalent to fifty percent
(50%) of the user fee charged to City customers.
3.2 The MIT will provide the City with 500 of the City
monthly user fee as charged to the City customers. For other
than single family residential connection, this will include an
additional volume amount per month. The volume amount shall be
calculated as follows:
Exhibit "A" - Resolution No. 2800
-3-
Adopted 1 /21 /97
t ;
t
? t 7 f
V = monthly volume from water service meter, in cubic feet
R = current applicable rate, in dollars
[V - 7501 * R * (0.5)
Volume amount billing = --------------------------
(100) * (7.5)
3.3 Each connection other than single family residential
shall have a water service meter installed prior to sanitary
sewer connection. Each single family residential connection
shall have a water service meter installed prior to 1 September
1997, or prior to sanitary sewer connection thereafter.
3.4 This rate and the applicable percentage to
ownership, operation, and maintenance is subject to change as
described in Article XIV. of this Agreement.
IV. METRO'S USER FEE
4.1 The MIT will provide the City with the Metro monthly
user fee as charged to the City customers. For other than single
family residential connection, this will include an additional
volume amount per month. The volume amount shall be calculated
as follows:
V = monthly volume from water service meter, in cubic feet
R = current applicable rate, in dollars
[V - 750] * (R)
Volume amount billing = ---------------------
(100) * (7.5)
4.2 Each connection other than single family residential
shall have a water service meter installed prior to sanitary
sewer connection.
4.3 This rate is subject to change as described in
Article XIV. of this Agreement.
V. QUALITY OF SEWAGE
5.1 The MIT agrees to connect only the 40 homes in the
Skopabsh Village, up to 230 units of residential housing, and
those other facilities set forth in the City's Resolution No.
2671, page two, which are defined as "Tribal administration,
Tribal school, library, senior center, Tribal store, churches
that discharge domestic type sewage into the City's sewage
system. The MIT will not permit industrial waste producing
developments to connect to their community sewage system. For
Exhibit "A" - Resolution No. 2800
-4-
Adopted 1/21/97
purposes of this Agreement domestic type sewage shall be defined
as that type of sewage which is contributed by a residential
user.
5.2 The MIT agrees to enforce all sewage collection and
transmission system effluent quality standards as required by the
City, Metro and/or the EPA for all effluent discharged into the
City's sewage system. The MIT shall deliver to the City sanitary
sewer system only such sewage collected or received by the MIT as
is in conformity with and subject to such reasonable rules and
regulations as currently exist or as may be adopted from time to
time by the City, Metro, or the EPA. The MIT shall not accept
sewage or wastes from any person, firm, corporation, or other
entity which is located within or without it boundaries, or is
otherwise delivering its sewage into the MIT's sanitary sewer
system, without written consent of the City. Should the MIT or
the City at any time suspect that the effluent from the MIT
collection system is not meeting these standards, the MIT shall
make every effort to locate and eliminate the source of
contamination.
5.3 Should damages to the City system result from
effluent from the MIT's collection system that does not meet the
standards of Section 5.2, the MIT will reimburse the City for any
such damages.
5.4 The MIT's transmission of effluent to the City
which does not meet the effluent quality standards as required by
the City, Metro, and/or the EPA shall constitute a material
breach of this Agreement by the MIT entitling the City to
immediately terminate this Agreement for cause. Without
terminating this Agreement, the City may in its sole discretion
and upon provision of notice to the MIT refuse to accept any
effluent it believes is not meeting the effluent quality
standards as required by the City, Metro, and/or the EPA and
continue to accept effluent which does meet applicable standards.
In such event, the MIT specifically agrees that the City shall
not be deemed to have waived any of its rights under this
Agreement and the MIT will not assert doctrines of waiver,
estoppel, and laches against the City in any subsequent action
pertaining to this Agreement and the rejection and acceptance of
conforming and non-conforming effluents.
Exhibit "A" - Resolution No. 2800
-5-
Adopted 1 /21 /97
h
i Y
VI. SEWER COMMISSION
6.1 In the interest of continuing to promote better
communication and cooperation between the MIT and the City, both
parties agree to send a representative to participate in all
regular and special meetings of the MIT's Utility District and
the City's Public Works Committee. Both parties shall notify the
other party in writing of all such meetings.
6.2 The MIT and the City agree to provide technical and
operational assistance to the other party upon request and as
resources of manpower or equipment or plant may be available on a
cost reimbursable basis. If one party assists the other, the
party assisted agrees to honor payment of billings for labor and
equipment rental. Both parties will make available established
hourly rates for purposes of encouraging this program.
VII. SEWAGE FLOW MEASUREMENT
7.1 The quantity of sewage entering the City's
collection system shall be measured by a flow meter located in
the City's regulation station. The proper calibration of this
flow meter will be the responsibility of the City. The MIT shall
keep monthly records of the sewage pumps running time hour meters
and of the average pumping rate for each pump for comparison and
confirmation of the flow meter calibration on an annual cycle.
In the event that the flow meter appears to have malfunctioned,
the hour meter readings and the corresponding flow rates shall be
used to determine the amount of sewage that has been pumped to
the City's sewage system until the flow meter repairs are
completed. The MIT will report the total sewage flow as measured
utilizing the pump running time hour meters estimated method to
the City monthly, as an attachment to the monthly user fee
payment.
VIII. TRIBAL OR CITY OWNERSHIP AND MAINTENANCE
8.1 The MIT shall own, operate and maintain all gravity
collection lines, sewage lift stations and force main piping
located upstream of the City's regulation station and generally
within the southeastern portion of the MIT Reservation in
Sections 1, 2 and 12 of Township 20 North, Range 5 East, W.M.,
but, also including the gravity and force main piping located
outside of the MIT Reservation boundaries in Section 35 of
Township 21 North, Range 5 East, W.M., upstream from the City's
regulation station.
Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
r
8.2 The gravity and force main line located downstream
from the City's regulation station to the connection manhole at
the corner of Auburn-Enumclaw Highway and 368th Street shall be
conveyed to and be owned, operated and maintained by the City
provided however that MIT residential connections will be
permitted, but no non-MIT connections will be authorized without
MIT written approval.
8.3 The MIT operations staff shall operate their
facilities in conformance with the Plan of Operation developed
with the assistance of the IHS during the design and construction
of the facilities.
8.4 In order to maintain compatibility of
design/construction operating systems, the MIT agrees to
construct and maintain all property referred to herein in
accordance with standards and specifications provided by the
City.
IX. INTERRUPTION OF SERVICE
9.1 It is understood that the City will periodically
need to restrict or shut off sewage flow into their collection
system in order to perform repair or maintenance on downstream
facilities. For scheduled maintenance or repair activities the
City shall notify the MIT, in writing, at least five working days
in advance. Such notice shall indicate the work that is to be
performed, the anticipated duration of this work, what
restrictions or changes to the Plan of operation will be
necessary and a contact person for coordinating all activities
with the MIT's operations staff.
9.2 It is also understood that emergency situations may
arise that could threaten public health and/or the continued
operation of the City's sewage collection system and the City may
be unable to notify the MIT in the manner prescribed above (in
Section 9.1). In such a situation the City shall use best
efforts to contact the MIT's Utility staff (operator or Council
officers) and request assistance in regulating the discharge of
effluent from the MIT's sewage system.
9.3 The MIT, by reason of
the City an access easement to pi
permit the City to regulate the
emergency repair work on the City's
Easement form is attached hereto as
herein by reference as though fully
this Agreement, shall grant
.imp station #2 sufficient to
sewage flow and to permit
sewage system. A copy of the
Exhibit A and is incorporated
set forth.
Exhibit "A" - Resolution No. 2800
- Adopted 1 /21 /97
9.4 The MIT agrees to
sewage back-ups, if any, within
caused by capacity shortfalls
within the MIT's sewage system,
from any such claims, all as
Article X. of this Agreement.
assume liability, if any, for
the MIT's sewage system that are
3.nd flow control spill incidents
and will hold the City harmless
more particularly described in
9.5 The MIT shall procure and maintain in full force and
effect throughout the term of this Agreement a policy of
comprehensive general liability insurance with minimum coverage
of one million dollars per occurrence/two million dollars
aggregate for personal injury including death, and property
damage. As a condition of providing service, the City reserves
the right, in its sole discretion, to demand increased minimum
coverage limits at five (5) year intervals from the date of
signing hereof. In the event the MIT does not provide proof of
insurance issued by a company approved by the City, with
increased limits, within thirty (30) days of such request the
City shall be authorized to procure such a policy on its own
behalf and deduct such policy premiums from the reserve account
established pursuant to this Agreement. Such policy shall name
the City as an additional named insured and shall include a
provision in such policy prohibiting cancellation or reduction in
coverage except upon at least thirty (30) written days notice to
the City. Cancellation or reduction of the required insurance
shall constitute a material breach of this Agreement and, at the
City's sole option, may constitute grounds for the City to
immediately terminate this Agreement. Further, the MIT agrees to
execute all documents and do all things necessary to allow the
City, as additional named insured, to recover directly from the
insurance carrier in the event of loss, without having to first
commence dispute resolution proceedings or bring suit against the
MIT.
X. SEWAGE FLOW CAPACITY
Release Monitoring, Metering and Regulation:
10.1 Conceptual Premises. The MIT and the City agree to
the following conceptual premises with regard to operation and
maintenance of the sewer system pursuant to this Agreement:
A. Prior to City approval of sanitary sewer
connection, the City shall approve construction
documents as per the Four Party Agreement and the
following plans, specifications, and conditions will
be met:
Exhibit "A" - Resolution No. 2800
-s-
Adopted 1 /21 /97
01
1. The MIT agrees to construct and dedicate
in fee title all infrastructure concerning the
system, except for the regulation station vault to
be designed and constructed by the City, from the
upstream side of the vault, northwesterly to the
City's receiving manhole near the City limits.
(Exhibit B: general map illustration)
2. The City will design and construct the
regulation station, downstream monitoring gauges,
telemetry and control cabinet. The City will seek
to coordinate this design with the MIT's consultant
(IHS) to assure compatibility with the connection
and regulation telemetry of the MIT's #2 pump
station.
3. The MIT and City agree to cost share the
City's design and construction effort referenced in
Section 10.1.A.2. on a 50/50 percentage basis
according to and for the mutual benefits accruing to
both parties. The MIT agrees to pay its share of
the City's improvements prior to construction
contract award. No connection shall be allowed
until such time as all payments are received by the
City.
4. The MIT and City agree to share the
monthly communication and any associated maintenance
and repair bills as necessary to operate and
maintain the telemetry system so long as the MIT's
sanitary sewer system is connected to the City's
sanitary sewer system. These costs will be included
on each monthly sewer bill presented to the MIT.
The City will be responsible for maintaining the
telemetry system up to and including the telemetry
intertie box located at the pump station #2. The
MIT hereby grants the City and its system
maintenance agents right of entry to all locations
served by the City's telemetry system.
10.2 Regulatory Concept: Generally the system
components consist of:
1. Downstream monitoring gauges will be
installed at two manholes in the City's system for
purposes of measuring, recording and telemetering
"real time" control signals to the MIT's pump
station that regulates releases to the City's
system.
Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
2. A regulatory vault consisting of and
containing a manual gate valve, a motor operated
ball valve, flow meter, and telemetry devices shall
be installed at a location along the force main
downstream of Pump Station #2.
3. In Pump Station #2 the design shall
provide an additional wet well surcharge minimum
capacity volume of 1,400 cubic feet to accommodate
pump regulation. Pumping capacity at Pump Station
#2 may be overridden by City telemetry. Override
telemetry will control operation of both high volume
and low volume pumps, as the IHS has installed no
variable flow pumps. As such, the only operations
available are fixed high volume, fixed low volume,
and all off - no volume.
4. The regulation of the pump station shall
be responsive to the downstream monitoring gauge
signals and the flow control valve in the regulation
vault to assure the performance objectives outlined
herein are met, and maximum flows are therefor not
exceeded.
5. The telemetry system shall be capable of
recording the actual flow data in digital format on
a continuous basis and down-loading to a computer
system in both the MIT office and the City utility
office via modem. The computer software will be
capable of showing the real-time flow data at all
monitored points (Pump Station #2, Regulatory vault,
and monitoring gauges).
6. As the City and MIT decide to modify this
Agreement to accommodate adjustments of release
rates allowable, the telemetry system shall be
capable of receiving programmable updates.
7. Prior to issuance of the connection
approval the MIT and its contractor will perform
commissioning tests to demonstrate to the City's
satisfaction that the system accomplishes the
following performance objectives:
a. The pump station responds to regulate
the flow releases to the City's system in such a
manner that when the City's pipe being monitored is
equal to or greater than 80% full as measured by
_10- Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
flow depth within the pipe, the pumping rate is
curtailed, and if necessary, reduced to zero.
b. As the City's pipe being monitored drops
to a 75% of full condition, the system will query
the status of wet well levels and pump down times to
assess when pumps are re-energized to commence
pumping. The system will periodically continue to
query system status at such time as pumping
decisions are required.
c. The pump station can be calibrated to
deliver flows as dictated by the City's downstream
capacity available, and within the limits of flow
control as provided by IHS construction to date.
d. At a monitored one-foot surcharge within
a gauging manhole, the regulation station will
automatically shut off influent flow from the MIT's
Pump Station #2, and influent flow shall remain off
until the surcharge has disappeared. This will be
the only condition mandating zero flow from the
NUT's Pump Station #2 except for emergency
conditions.
10.3 Maximum Flow to Be Accepted By City. The maximum
allowable sewage flow rate from the MIT's sewage system to the
City's sewage system shall not exceed the capacity available
within the City's system at any time as determined by City
monitoring gauges. Such flow can be released at any time
capacity is available within the City's system.
10.4 Funding of Future Improvements By MIT A Condition
Precedent to Continuing Flow to the City System.
a. The MIT acknowledges that its share of funding
the design and construction of any future capacity
expansion effort of the City system is an express
condition precedent to the City proceeding with expansion
of its system. Payment of this funding share by the MIT
is necessitated by the fact that acceptance of MIT flow
by the City will consume previously existing capacity,
makes such capacity unavailable to the City, and requires
subsequent improvements to the City system in order for
the City to have and maintain the capacity necessary for
the City's own needs and uses. Such funding amounts may
be credited against future MIT SDC amounts, if any.
Exhibit "A" - Resolution No. 2800
-11-
Adopted 1 /21 /97
b. The prorata share
projects between the MIT and
based on benefit received.
of City system expansion
the City shall be determined
XI. COLLECTION OF FEES, TERMINATION OF SERVICE, AND BREACH OF
AGREEMENT
11.1 Collection of Development Charges, User, and
Connection Fees.
A. Payment as Condition Precedent. The Agreement
is between the MIT and the City and no third parties, even though
third parties may be indirectly benefited. As a condition
precedent to connection and continued service, the MIT shall pay
all necessary development charges and user fees. Additionally
the MIT shall apply for any necessary City approvals on behalf of
members or property owners within MIT jurisdiction who desire to
be connected to the sewer system. The City's issuance of a
permit shall be directly conditioned upon completion of those
items specified in any particular permit as well as the MIT's
payment of the permit fees. The MIT and the City expressly agree
that the City shall not be responsible for collecting of SDC's,
user charges, permitting fees, or any other moneys of any kind
from any other individual or entity.
B. Establishment of Reserve Account for Future
System Expansion and Related Costs. The City and MIT shall, upon
execution of this Agreement, establish a supplemental reserve
account in the amount of Five Hundred Thousand Dollars
($500,000.00) to provide for future funding of anticipated system
expansion necessitated on account of increased flows resulting
from this Agreement, non-budgeted uses of funds necessitated by
natural disasters and other public health reasons, payment of
insurance premiums, and any other unpaid charges or fees
pertaining to the use of the system or permits pertaining
thereto. The City and the MIT shall each contribute Two Hundred
Fifty Thousand Dollars ($250,000.00) and the fund shall be
maintained at this level with each party replacing the funds
which are withdrawn on account of its respective obligations.
The fund shall be established in a Restricted Use account of the
Sanitary Sewer Fund as designated by the City. The interest
accruing thereon, if any, shall be apportioned between the
parties in relation to their respective contributions and any
such interest and principal remaining at the termination of this
Agreement shall be returned to the remitter of such funds upon
such termination and settlement of all claims and disputes
pertaining to this Agreement. The City shall, upon consultation
Exhibit "A" - Resolution No. 2800
-12 Adopted 1 /21 /97
`r
with the MIT, be authorized to immediately draw upon and use the
funds in the reserve account for the uses and purposes herein
mentioned. The City shall account to the MIT for all such funds
used. Nothing contained herein shall derogate from the need of
the MIT to pay in advance as a condition precedent for the City's
performance under other provisions of this Agreement.
11.2 MIT's Right to Terminate Agreement. The MIT shall
have the right to terminate the discharge of sewage from their
sewage system to the City's at any time for any reason, or no
reason whatsoever, by providing the City with a minimum of five
(5) years' written notice prior to termination of such discharge.
The City agrees to terminate this Agreement with the MIT at the
date noted upon said written notice. Monetary and other
obligations owed by the MIT to the City on the date of
termination shall survive.
11.3 City's Right to Terminate Agreement. The City
shall have the right to terminate this Agreement at any time for
any reason, or no reason whatsoever, by providing the MIT with a
minimum of five (5) years' written notice prior to termination.
The City shall also have the right to immediately terminate this
Agreement for any reason constituting a material breach. In
addition to those breaches defined by law, the City and the MIT
expressly agree that a material breach justifying the City to
immediately terminate service shall include, but not be limited
to, the non-payment of SDC's or user fees, failure of the MIT to
provide proof of insurance required herein, exceeding the number
of type of sewer connections allowed under this Agreement,
discharge of non-domestic sewage into the system, and/or failure
of MIT to honor easements, and/or failure to fund the reserve
account specified herein.
11.4 Right to Rely upon Notice of Termination. As
between the City and the MIT, in the event that one party,
hereinafter referred to as the "Transmitting Party," sends the
other party a notice to terminate this Agreement, the party
receiving such notice, hereinafter referred to as the "Receiving
Party," shall have a right to rely upon such notice. Absent
prior written agreement to the contrary, the Transmitting Party
shall not be allowed to revoke its notice of intent to terminate
this Agreement or to otherwise keep this Agreement in full force
and effect beyond the termination date specified in the notice.
This provision shall be effective regardless of whether or not
the Transmitting Party actually changes its position, or the
Receiving Party otherwise relies in any material manner upon the
Transmitting Party's notice of termination.
-13- Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
XII. DISPUTE RESOLUTION AND LIMITED WAIVER OF SOVEREIGN IMMUNITY
12.1 Dispute Resolution - Mediation. In the event the
MIT and the City are engaged in a dispute which relates to this
Agreement or any other issue arising relating to sanitary sewer,
and they are unable to resolve said dispute within ninety (90)
days, either party may request mediation of any dispute, in any
manner agreed upon by the parties.
a. Mediation shall be commenced by the party
requesting it notifying the other party in writing of its request
to mediate a dispute arising between the parties which relate to
sanitary sewer and sewer related services. If the parties agree
to enter into mediation within 20 days from such request the
matter shall be deemed stayed and the arbitration clause
continued herein shall not be put into effect. Mediation shall
continue for no more than one hundred twenty (120) days at which
point the mediation shall be deemed failed unless the parties
have reached an agreement and have had such agreement approved by
the governing bodies of each respective party and, if applicable,
the Bureau of Indian Affairs. If such agreement is not approved
by the governing bodies of each respective party or is not
enforceable in the United States District Court for the Western
District of Washington, the mediation shall be deemed failed and
the unresolved issue shall be submitted to binding arbitration as
set forth herein.
b. In the event the parties do not reach an
agreement to mediate within twenty (20) days of receipt of the
notice requesting mediation by the non-requesting party, the
matter shall be submitted to binding arbitration as set forth
herein.
C. Each party shall bear its own costs of
mediation.
12.2 Arbitration. Any controversy or claim arising out
of or relating to this Agreement, or the breach thereof, shall be
settled by arbitration administered by the American Arbitration
Association in accordance with its applicable rules. Judgment on
the decision rendered by the arbitrator may be entered into the
United States District Court for the Western District of
Washington. Each party shall bear its own costs of arbitration.
-14- Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
12.3 Limited Waiver of Sovereign Immunity and Consent to
Jurisdiction of Federal Court. The MIT hereby waives its
sovereign immunity and consents to the jurisdiction of the United
States District Court for the Western District of Washington
concerning disputes regarding the interpretation of this
Agreement and the enforcement of any rights hereunder, including
collection of any SDC's, User Fees, or other obligations or
liabilities, in law or in equity, pertaining to hold harmless
provisions of this Agreement. Such waiver of Sovereign Immunity
and Consent to jurisdiction shall apply to no other court. This
Limited Waiver of Sovereign Immunity and Consent to Jurisdiction
has been specifically negotiated by the parties and decision of
the City to extend sanitary sewer service to the MIT and a
portion of the MIT's payments hereunder are expressly made the
consideration for this Limited Waiver and Consent to
Jurisdiction.
12.4 Disclaimer of MIT Tribal Court Jurisdiction. The
MIT agrees that the MIT Tribal Court has no jurisdiction over the
force, effect, and interpretation of this Agreement, nor the
resolution of disputes which pertain to its implementation. The
MIT further agrees that it has no authority to submit the City to
the jurisdiction of the MIT Tribal Court with regard to any
sewer-related matters or disputes which may arise between the
parties.
XIII. FEE AND CHARGES PAYMENTS
13.1 The City shall bill the MIT on a monthly basis for
any fees or charges as determined in Articles II, III, and IV of
this Agreement. The MIT shall have thirty (30) days to provide
payment of the amount to the City from the date of bill issuance.
13.2 In the event that any payments for a sewer bill due
under this Agreement shall remain unpaid in excess of the thirty
(30) days from the date of issuance, then the bill shall be
delinquent. In the event that a bill becomes delinquent, the
City shall give the MIT fifteen (15) days' notice of its intent
to enforce collection of said bill. A bill which has been
properly addressed and deposited in the United States Postal
Service shall be deemed to be presented to the MIT for payment.
13.3 If the MIT believes that the City's bill for fees or
charges is in error, the MIT shall notify the City of the error
no later than fifteen (15) days following the date of bill
issuance, accompanied by any supporting documents. Within ten
(10) days thereafter, the City and MIT shall meet to attempt to
resolve the dispute. If the dispute cannot be resolved
-15- Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
informally, then the parties shall proceed pursuant to Article
XII (Dispute Resolution). In any event, the MIT shall pay any
uncontested portion of the bill within thirty (30) days after
date of issuance. The MIT shall also continue to pay uncontested
subsequent monthly bills as provided in this Section.
13.4 If the bill remains unpaid fifteen (15) days
following the City's notice of intent to enforce collection, then
the City may at its discretion discontinue service to the MIT;
provided that the MIT has not provided notice to the City
pursuant to Paragraph 12.1. If the MIT has given such notice,
the City shall have the authority to discontinue service for
failure to pay only in the event that the MIT has not paid the
uncontested portion of the bill.
13.5 If the billing dispute is resolved in favor of the
City pursuant to Article XII (Dispute Resolution), and the bill
remains unpaid for five working days thereafter, the City may at
its discretion discontinue service to the MIT unless otherwise
specified within the dispute resolution.
XIV. CHANGES TO RATES AND CHARGES
The City's and/or Metro's user fee rate structure and
charges for the MIT shall be changed only at such times as the
City and/or Metro adjusts its rates and charges through
established procedures for all other users.
XV. HOLD HARMLESS AND INDEMNIFICATION
The MIT agrees to indemnify and hold harmless City, and
its agents and employees, from and against all claims, damages,
losses, and expenses, including reasonable attorneys' fees, which
originate from events which occur on MIT owned or controlled land
or facilities including, but not being limited to, sanitary sewer
backups, floods, spillage, property damage, personal injury, and
other types of sewage contamination, except that this
indemnification shall not apply to the sole negligent or
intentional acts of the City and its agents and employees.
XVI. PERFORMANCE OF AGREEMENT
Each party agrees that it will execute any and all
instruments, documents and resolutions or ordinances necessary to
give effect to the terms of this Agreement. Furthermore, the
City shall have access at reasonable times and on reasonable
notice to inspect the MIT's sanitary sewer system and related
-16- Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
facilities for the purpose of verification of the number of hook
ups, type of discharge, and operation levels which constitute the
basis of the MIT's obligations to the City on account of fees and
charges.
XVI. AMENDMENT OF THIS AGREEMENT
This Agreement may be modified only if such modifications
are written and are approved by written resolutions adopted
jointly by the Auburn City Council, the MIT Tribal Council, and
the BIA.
XVII. CONSTRUCTION AND INTERPRETATION.
This document has been mutually negotiated between the
parties. No adverse inference or ambiguity shall be construed
against the party preparing this document for signature. No
waiver by either party of any term or condition of this Agreement
shall be deemed or construed to be a waiver of any other term or
condition, nor shall a waiver of any breach be deemed to
constitute a waiver of any subsequent breach, whether of the same
or a different portion of this Agreement.
IN WITNESS TO THE TERMS OF THIS AGREEMENT, the parties
hereto have subscribed their names:
MUCKLESHOOT INDIAN TRIBE
Virginia Cross, Chairperson,
Muckleshoot Tribal Council
Date:
Consented to, Agreed and Approved as to Form:
United States Department of Interior
Bureau of Indian Affairs
BY:
Its:
Approved as to Form:
Tribal Attorney
_17_ Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
l ?
ATTEST:
Robin Wohlhueter,
City Clerk
PROVED AS TO FORM:
i
Mike J. R nolds,
City Attorney
-18-
0
CITY OF AUBURN
BY: Q.1 LyAe": A'66
CHARLES A. BOOTH,
MAYOR
Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
MIT ACCEPTING RESOLUTION
and
CITY ACCEPTING RESOLUTION
Exhibit "A" - Resolution No. 2800
-19 Adopted 1 /21 /97
? 1 Y 1 ? •r
l ?1 1'
METRO FORMS FOR RCE'S
1057
1058
0461
Exhibit "A" - Resolution No. 2800
-20- Adopted 1 /21 /97
`11-M,ETR0 Residential Sewer Use Certification
e tmpieted for all new sewer connections, reconnections, or change of use of existing connections.
jt$This form does not apply to repairs or replacements of existing sewer connections.) ,
Pursuant to Metro Council Resolution Nos. 5719 and 5968, all sewer customers who establish a new service which uses metropolitan
sewage facilities after February 1, 1990 shall be subject to a capacity charge. The Metro Council has established the amount of the
charge at seven dollars ($7.00) per month per residential customer or residential customer equivalent for a period of fifteen years.
The purpose of the charge is to recover costs of providing sewage treatment capacity for new sewer customers. All future billings can
be prepaid at a discounted amount.
(Please print or type)
Owner's Name
(Last, First, Middle Initial)
Property Legal Address:
Subdivision Plat
Property
Street Address
City, State, Zip
Owner's
Mailing Address
(If different from above)
Owner's Phone Number ( )
Party to be Billed
(if different from owner)
Party's
Mailing Address
(if different from above)
City or Sewer District
Date of Connection:
Side Sewer Permit #
Please check appropriate box:
For Metro use:
Account #
Monthly Rate _
Six Month Due.
Residential Customer
Equivalent (RCE)
? Single-family 1.0
? Duplex (0:8 RCE per unit) 1.6
? 3-Plex (0.8 RCE per unit) 2.4
? 4-Plex (0.8 RCE per unit) 3.2
? 5 or more (0.64 RCE per unit)
No. of Units x 0.64 =
? Mobile home space (1.0 RCE per space)
No. of Spaces x 1.0 =
For condominiums, please fill out Supplemental Form A in addition to this form.
I certify that the information given is correct. I understand that the capacity charge levied will be based on this information
and any deviation will require resubmission of corrected data for determination of a revised capacity charge.
Signature of Owner/Representative
Print Name of Owner/Representative
Date
1057 (R". 5191) White - Metro Yellow - Local Sewer Agenci Pink - Sewer Customer
Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
•+ ;:M ETi?aD' Non-Residential Sewer Use Certification `
(To be completed for all new sewer connections, reconnections or change of use of existing connections. r
This form does not apply to repairs or replacements of existing sewer connections.)
Pursuant to Metro Council Resolution Nos. 5719 and 5968, all sewer customers who establish a new service which uses metropolitan
sewage facilities after February 1, 1990 shall be subject to a capacity charge. The Metro Council has established the amount of the
charge at seven dollars ($7.00) per month per residential customer or residential customer equivalent for a period of fifteen years.
The purpose of the charge is to recover costs of providing sewage treatment capacity for new sewer customers. The charge is collected
semi-annually. All future billings can be prepaid at a discounted amount.
Questions regarding the capacity charge or this form should be referred to Metro at 684-1740.
(Please print or type)
Owner's Name
Property Legal Address:
Subdivision
Property Street
Address
Party to be Billed (if different from owner)
toast' First. Middle Initial)
Part's Mailing Address: if different from property address)
Plat
City, State, Zip
Owner's Phone Number ( )
Owner's Mailing Address: (if different from above)
City or Sewer District
Date of Connection
Side Sewer Permit #
A. Fixture Units
Number of Fixtures x Fixture Units = Total Fixture Units
(Public or Private)
Fixtu re Units No. of Fixtures Taal
Kind of Fixture Public I Private Public Private Facture Units
Bathtubs and/or shower 4 2
Dental units or lavatory 1 -
Dishwasher, commercial 4 -
Drinking fountain (each head) 1 -
Hose Bibb or sill cock 5 3
Laundry tub or clotheswasher 4 2
Sink, bar or lavatory 2 1
Sink, clinic, flushing 10 -
j Sink, kitchen 4 2
Sink, other 4 2
Sink wash, circle spray 4 -
Unnal, flush tank 3 -
Urinal, pedestal 10 -
Urinal, wall or stall 5 -
Water closet tank 5 3
Water closet, flush valve 10 6
Total Fixture Units
Residential Customer Equivalents (RCE)
20 fixture units equal 1.0 RCE
Total No. of Fixture Units = (? RCE
20 L?
For Metro use:
Account #
Monthly Rate
Six Month Due
EL Other Wastewater Flow
('m addition to Fixture Units identified in Section A)
Type of Facility/Process:
Estimated Wastewater Discharge:
Gallons/day
Residential Customer Equivalents (RCE):
187 gallons per day equals 1.0 RCE
Total Discharge (gaVday) RCE
187
C. Total Residential Customer Equivalents:
(add A & B)
A
B U
RCE
I certify that the information given is correct. I understand
that the capacity charge levied will be based on this
information and any deviation will require resubmission of
corrected data for determination of a revised capacity
charge.
Signature of Owner/
Representative
Print Name of Owner/
Representative
Date
Oea (Rev. sret) White - Metro Yellow - local Sewer Agency
Pink Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
r
4Y ETRO Residential Sewer Use Certification
Supplemental Form A For Condominiums
Please complete this form for condominiums only. Attach additional sheets, if necessary, using the same format.
Bill condominium association ?
Bill individual owners ?
Building No. of Units Closing
Number per Building Address Unit # Homeowner Date
.:.mo1. A-1 2
0461 (5191)
2345 Seattle Avenue 101 John Smith 01/01/91
White - Metro Yellow - Local Sewer Agency Pink - Sewer Customer
Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97
. y
EXHIBIT A
EASEMENT FORM
Exhibit "A" - Resolution No. 2800
-21-
Adopted 1 /21 /97
' AF.
TER RECORDING. RETURN TO:
?'r Al! ? .
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
ATTN: City Clerk
EASEMENT
(CORPORATE FORM)
For and in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, receipt of
which is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor,
hereby conveys and warrants to the City of Auburn, Grantee
herein, a Municipal Corporation of the State of Washington, its successors and assigns, a perpetual Nonexclusive
Easement under, over, through and across the following described real property for the purpose of laying,
maintaining, and installing AND APPURTENANCES
THEREOF, said real property being described as follows:
SEE EXHIBIT "A", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said
Easement for the purpose of maintenance, inspection, construction, repair or reconstruction of the above
improvements without incurring any legal obligation or liability therefore.
Said Grantee shall have the absolute right to place any type of driving surface within said Easement deemed
necessary by the Grantee.
Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement, and/or
in any way block, restrict or impede full use of the real property within the above-described Easement by said
Grantee for the above-described purposes. Said Grantor may fence across said Easement and/or along the
boundaries of said Easement provided that a gate is constructed in said fence. Said gate shall be of sufficient
length and location to allow the Grantee full use of, and access and egress to and from the real property within
the above-described Easement. If said gate is to be locked, keys shall be provided to the Grantee.
This Easement shall be a covenant running with the above-described real property and burden said real estate,
and shall be binding on the successors, heirs and assigns of all parties hereto.
IN WITNESS WHEREOF, said corporation has caused this instnitnent to be executed by its property officers
and its corporate seal to be hereunto affixed this day of 19
GRANTOR
BY
President
BY
Secretary
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
On this day of _ , 19_, before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared and
to me known to be the and the
respectively, of , the corporation that executed the within and foregoing instrument
and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were
authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, RESIDING AT
MY COMMISSION EXPIRES
Exhibit "A" - Resolution No. 2800
r
REF. H:\FORMS\FC088 Adopted 1/21/97
06' Y
d.
• A OF
r'r
• v
EXHIBIT B
GENERAL MAP ILLUSTRATION
-22-
Exhibit "A" - Resolution No. 2800
Adopted 1 /21 /97