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Home My WebLink About3080 RESOLUTION NO. 3 0 8 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT FOR SCHOOL IMPACT FEES BETWEEN THE CITY OF AUBURN AND AUBURN SCHOOL DISTRICT NO. 408. WHEREAS, THE Auburn School District has asked the City of Auburn to implement a school impact fee program, and WHEREAS, THE City of Auburn adopted the Auburn School District Capital Facilities Plan as a component of the Auburn Comprehensive Plan, in 1988; and WHEREAS, the City of Auburn has adopted Chapter 19.02 of Auburn City Code entitled "School Impact Fees"; and WHEREAS, the City of Auburn and Auburn School District must enter into an interlocal agreement to implement the impact fee program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: SECTION '1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an interlocal agreement for school impact fees between the City and Auburn School District No. 408. A copy with said agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. Resolution No, 3080 April 27, 1999 Page 1 SECTION 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED this,727~ day of 1999. CITY OF AUBURN MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3080 April 27, 1999 Page 2 Return Address: C'I~)~IT' Auburn City Clerk OFFICS City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Interlocal Agreement (Resolution No. 3080) ~ ~1 - I ~. Reference Number(s) of Documents assigned or released: r"lAdditional reference #'s on page of document Grantor(s) (Last name first, then first name and initials) 1. City of Auburn Grantee: (Last name first) s~:..l J:-.::....,;, '- ~, ¢", "=. ~,t,~d ..o~ 1. Auburn School District No. 408 .:....::,::-,~-:,.,~-, '~--~ ;.,-u ' ?:,:;. ~t ~on Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) N/A ~Additional legal is on page ~- document, Assessor's Property Tax Parcel/Account Number: N/A [] Assessor Tax # not yet assigned 19996617661479 " "' PRGE cot 0F ees '- 9611711999 14:34 I ~ .... KXNG COUNTY, HA PRCZFZC N~ TIT RG 12.88 INTERLOCAL AGREEMENT FOR SCHOOL IMPACT FEES BETWEEN CITY OF AUBURN AND AUBURN SCHOOL DISTRICT NO. 408 I. RECITALS A. Pursuant to Section 19.02.040 of Chapter 19.02 of the Auburn City Code (ACC) entitled School Impact Fees, school districts within the City of Auburn, who have requested the collection of impact fees and who have had a capital facilities plan adopted by the City, are authorized to enter into an interlocal agreement containing certain provisions regarding the administration of the school impact fee program. B. Pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, the City of Auburn ("the City") and Aubum School District No. 408 ("the District") have agreed upon the rights and responsibilities of the parties in the collection of impact fees. II. AGREEMENT 1. Purpose. The purpose of this Agreement is to establish a process for the maintenance of separate fund accounts for the receipt and expenditure of impact fees, record keeping for such accounts, submission of annual reports by the District concerning expenditures for such accounts, and the submission of information regarding the District's capital facilities plan. This Agreement is intended to comply with the requirements of the City's Impact Fee Ordinance and the provisions of RCW 82.02.050-090 concerning the collection, expenditure, refunding, and accounting of impact fees. Nothing in this Agreement shall excuse the District from compliance with any obligation imposed under RCW 82.02 or under the City of Auburn Impact Fee Ordinance, as they may be amended from time to time. 2. Organization. This Agreement does not create any separate legal or administrative entity. 3. Duration and Termination. This Agreement shall remain in effect so long as impact fee accounts are maintained by or on behalf of the District. 4. Impact Fee Collection and Accounts. 4.1 The City shall collect school impact fees from applicants for building permits and other actions as specified by Section 19.02.070 of the Impact Fee Ordinance. For each impact fee collected, the City shall record (a) the date of collection and amount of the impact fee, (b) the real property lot or parcel assessed the fee, and (c) the current owner of the real property. The City shall provide the District with a statement on a monthly basis containing the information required to be maintained under this subsection. Resolution 3080 April 27, 1999 Page 3 1999061700 ! 479 PAGE: 8132 OF ~0~ 86/17/1999 14:34 KING COUNTY, bJA PACIFIC NI,I TIT AC 12.88 4.2 So long as the District is in compliance with this Agreement, the requirements of RCW 82.02 and the City's Impact Fee Ordinance, the City shall tender all impact fees collected on behalf of the District to the District monthly. The District shall deposit all impact fees collected and tendered under this agreement in its capital projects fund and shall invest, account for and expend impact fees in accordance with the Impact Fee Ordinance and state law. 5. Expenditure of Impact Fee Funds; Reports. 5.1 Subject to the provisions of this Agreement and the City's Impact Fee Ordinance, the District shall have sole responsibility for the expenditure of impact fee accounts in accordance with the Impact Fee Ordinance and state law. 5.2 By December 31 of each year, pursuant to Sections 19.02.050 and 19.02.100, the District shall submit to the City a report describing for the Districrs preceding fiscal year ending August 31: (a) the source and amount of all funds in the impact fee account; (b) expenditures from or encumbrances on the impact fee account; (c) the facilities for which the account was expended or encumbered; (d) the remaining unencumbered balance of the account; and (e) the District's action on any requests for refunds and any refunds of impact fees. 5.3 Notwithstanding any other provision of this Agreement, the City shall be entitled to withhold transfer of impact fees collected on behalf of the District if the District fails to comply in any respect with Ch. 19.02 or RCW Chapter 82.02 and any amendments thereto and any other applicable laws, rules or regulations. 6. Refunds. 6.1 The District shall monitor its impact fee account for the purpose of determining whether the owners of any property for which an impact fee has been assessed and collected are entitled to a refund under the Impact Fee Ordinance and RCW 82.02.070-080; provided, however, that if the District seeks an extension of time to retain unencumbered impact fees longer than 6 years, the District must first obtain a finding from the City approving that request. If the District determines a refund is due, it shall notify the City of the affected property and the amount of the refund, including interest earned on the funds and provide notice to the current owner of property as required under Section 19.02.100 of the Impact Fee Ordinance. Resolution 3080 April 27, 1999 Page 4 N 19990617001479 PACE ,~G~ OF 06/17/1999 14:34 KING COUNTY, PACIFIC NW TIT AG 12.00 6.2 If the City receives a request for a refund from a property owner, including any requests received from persons that have not commenced or completed construction of development activity subject to the Impact Fee Ordinance, it shall refer the request to the District for review and comment, including a calculation of the amount of the refund and interest. The District shall notify the City of the action taken on the request. If the City terminates the school impact fee program, it shall administer the refunding of any unencumbered or unexpended funds at the time of the termination. 7. Termination. The District may terminate participation in this Agreement whenever it ceases to have impact fees collected on its behalf and no funds are retained in its impact fee account. If the City terminates its school impact fee requirements pursuant to Auburn Code Chapter 19.02 as it may be amended from time to time, then this Agreement shall terminate once the obligations remaining under it have been met. The parties do not anticipate the acquisition of property or other assets that would be required to be distributed to the parties upon termination of this Agreement. 8. Effective Date and Filing. Pursuant to RCW 34.04.040, this Agreement shall become effective after approval by the City and the District. The approved Agreement shall be filed with the King County Auditor. 9. Capital Facilities Plan. Pursuant to ACC 19.02.050, as it may be amended from time to time, the District shall maintain and update its Capital Facilities Plan and ensure that it meets the requirements of RCW Chapter 82.02 and all other applicable requirements to support an impact fee program. On or before June 1 of each year, the District shall submit its plan and/or any proposed amendments to the City for adoption as part of the City's Comprehensive Plan. The Plan and/or Plan amendments submitted by the District shall have been prepared and adopted by the District in accordance with all applicable requirements, including those for public notice and participation. They shall also contain all information required under the City's Impact Fee Ordinance.. 10. Indemnification. The District shall indemnify, defend, and hold harmless the City, its employees, officials and agents against any and all claims, demands and lawsuits, and shall pay all costs and attorney's fees incurred in the defense thereof, for any damages arising from or relating to the Districrs performance of or failure to perform its obligations under this ACC Chapter 19.02, RCW Chapter 82.02 or other applicable laws concerning the adoption, administration or implementation of the City's school impact fee program. District agrees to indemnify and hold City harmless in defense of the school impact fee ordinance to the extent of challenges to the ordinance's constitutionality or a challenge to the underlying District required plans or policies including but not limited to the District Capital Facilities Plan, except any procedural due process challenges or challenges to the adopting process of the impact fee ordinance or amendments thereto. The District shall not, by this provision, be required to indemnify, defend or hold harmless the City for any loss or damage, or cost incurred in defense, which arises out of claims, demands or lawsuits relating to the negligence where the indemnification, defense or hold harmless agreement is not permitted under state law. Further, the District shall not, by this provision, be required to indemnify, defend or hold harmless the City for any loss or damage, or cost included in defense, which arises out of claims, demands and lawsuits resulting from the City's negligence in carrying out ministerial acts (accounting functions) required under ACC 19.02. Resolution 3080 April 27, 1999 Page 5 N 19998617881479 86/17/:L999 14: KING COUNTY, PACIFIC NW TIT AG 12.00 IN WITNESS WHEREOF, the parties have executed this Agreement on the ,~1 ~ ~ day of '7~_ ,1999. CITY OF AUBURN AUBURN SCHOOL DISTRICT NO. 408 Charles A. Booth Robert D. P--oldevart Its: Mayor Its: Deputy Superintendent ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: City Attorney Resolution 3080 April 27, 1999 Page 6 19990617881479 PAGE 085 OF 005 0647/1999 14::54 KIItG COUNTY, WR PACIFIC NI*I TIT AG 12.ee