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HomeMy WebLinkAbout3321RESOLUTION NO. 3321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING SANITARY SEWER SERVICE BOUNDARIES BETWEEN THE CITY OF AUBURN AND THE soOs CREEK WATER AND SEWER DISTRICT. WHEREAS, pursuant to RCW 35A.11.040, Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, pursuant to RCW 35A.21.150 Auburn has the legal authority to maintain a sewerage system; and WHEREAS, pursuant to RCW 57.08.044, Soos Creek Water and Sewer District has the legal authority to provide sewer service to property owners in areas outside existing district boundaries; and WHEREAS, pursuant to RCW 57.08.044, Soos Creek Water and Sewer District has the legal authority to enter into contracts with any municipal corporation for the purpose of providing sewer service to those property owners outside the existing district boundaries. Resolution No. 3321 02/06/01 Page 1 of 3 NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Interlocal Agreement establishing sanitary sewer service boundaries between the City of Auburn and Soos Creek Water and Sewer District District. A copy of said Agreement is attached hereto, denominated as Exhibit "1" and made a part hereof as though set forth in full herein. 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 thiso~ day of ,2001. CITY OFAUBURN CHARLES A. BOOTH MAYOR Resolution No. 3321 02/06/01 Page 2 of 3 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: M~chael O. Reynolds, City Attorney Resolution No. 3321 02/06/01 Page 3 of 3 Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHI~ET Document Title(s) (or transactions contained therein): /o]/'-/' --P J T a.,f'- g '--/- /,¢ . INTERLOCAL AGREEMENT BETWEEN CITY OF AUBURN AND THE SOOS CREEK WATER & SEWER DISTRICT FOR THE ESTABLISHMENT OF SANITARY SEWER SERVICE BOUNDARIES Reference Number(s) of Documents assigned or released: [-IAdditional reference #'s on page of document Grantor(s)/Borrower(s) (Last name first, then first name and initials) CITY OF AUBURN & SOOS CREEK WATER & SEWER DISTRICT Grantee/Assignee/Beneficiary: (Last name first) CITY OF AUBURN & SOOS CREEK WATER & SEWER DISTRICT Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) PER RCW 39.34 [] Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number PER RCW 39.34 Assessor Tax # not yet assigned ~ doou~(s) ~ ~ for I1~ o~y. ~ hm n~ blln e~amioed a8 to proper ®~ er SOOS CREEK WATER AND SEWER DISTRICT and CITY OF AUBURN INTERLOCAL AGREEMENT FOR THE ESTABLISHMENT OF SANITARY SEWER SERVICE BOUNDARIES THIS AGREEMENT, made and entered into this 21st day of March ,2001, by and between the SOOS CREEK WATER AND SEWER DISTRICT, a Washington municipal corporation (hereinafter referred to as "Soos Creek"), and the CITY OF AUBURN, a Washington municipal corporation, (hereinafter referred to as "Auburn"), both being duly organized and existing under and by virtue of the laws of the State of Washington, WITNESSETH: WHEREAS, pursuant to RCW 35A.11.040, Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, pursuant to RCW 35A.21.150 Auburn has the legal authority to maintain a sewerage system; and WHEREAS, pursuant to RCW 57.08.044, Soos Creek has the legal authority to provide sewer service to property owners in areas outside existing district boundaries; and WHEREAS, pursuant to RCW 57.08.044, Soos Creek has the legal authority to enter into contracts with any municipal corporation for the purpose of providing sewer service to those property owners outside the existing district boundaries, and WHEREAS, the parties recognize the responsibility of public sanitary sewer utilities to provide efficient and reliable service to their customers at reasonable cost; and WHEREAS, Auburn desires new development within it's Potential Annexation Area to complete a Pre-annexation agreement with Auburn prior to receiving a certificate of sanitary sewer availability; and WHEREAS, portions of the Soos Creek sanitary sewer system have been sized and are situated so as to be capable of affording sewer service to a portion of Auburn's Potential Annexation Area; and Exhibit "1" Resolution No. 3321 Page 1 of 6 WHEREAS, Auburn has evaluated and determined it is not cost feasible to provide sewer service to those properties located within Auburn's Potential Annexation Area adjacent to Soos Creek's sanitary sewer infrastructure; and WHEREAS, the parties desire to allow Soos Creek to construct, reconstruct, repair and maintain sewer facilities as necessary, and to authorize connections for service to noted areas, or portions thereof; and WHEREAS, Soos Creek's sewer service to these areas will provide for maximum efficient use of existing and future facilities together with orderly and efficient sanitary sewer planning. NOW, THEREFORE: IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Sewer Service Area. The parties have agreed to a permanent sewer service area boundary between them. The boundary is graphically depicted on the map attached hereto as Exhibit "A", which is by this reference incorporated herein. Both parties further agree that Soos Creek in providing sewer service to the area shown on Exhibit "A", as "Area To Be Served By Soos Creek", shall be furnishing sewer service to properties within Auburn's Potential Annexation Area. Soos Creek shall provide service in accordance with and subject to the terms and conditions of this Agreement. 2. Service Area Responsibility. Auburn shall have responsibility to provide sanitary sewer service to the area(s) on Auburn's side of the respective service area boundaries as delineated by this agreement, whether or not annexed to Auburn, and subject to such reasonable conditions and terms of service as Auburn deems appropriate. Soos Creek shall have responsibility to provide sanitary sewer service to the area(s) on Soos Creek's side of the respective service area boundaries as delineated by this agreement, whether or not annexed to Auburn, and subject to such reasonable conditions and terms of service as Soos Creek deems appropriate. Auburn hereby gives consent to Soos Creek for such service within Soos Creek's corporate boundaries as they presently exist, or as they may be modified in the future by annexation. Soos Creek shall be responsible for obtaining all necessary governmental franchises, approvals, easements and permits for the installation of said sewerage system within their delineated boundary. 3. Sewer Availability Certificates. Both parties acknowledge that Auburn may exercise planning jurisdiction over territory to which it will not provide sanitary sewer service in accordance with this agreement. Auburn hereby agrees that its planning shall be for sanitary sewer service to be provided by Soos Creek in those areas shown in Exhibit "A" as Soos Creek's service area; provided, however, that commencing on March 1, 2001, Soos Creek sewer availability certificates for all Exhibit "1" Resolution No. 3321 Page 2 of 6 service areas to be served by Soos Creek within Auburn and/or Auburn's Potential Annexation Area (PAA) in accordance herewith, shall be issued to applicants for sewer service only through Auburn. 4. Soos Creek Comprehensive Sewer Planning Area. The terms of this agreement will be included as an element of Soos Creek's Comprehensive Sewerage Plan. Soos Creek will submit to Auburn all Comprehensive Sewerage Plans thereto involving area and/or system improvements within Auburn's planning area. The Comprehensive Sewerage Plans and amendments shall be in compliance with Auburn's Standards for sanitary sewer service within Auburn and/or Auburn's PAA, except where preexisting facilities may differ from Auburn's standards. As facilities are replaced or as new facilities are planned and constructed within Auburn and/or Auburn's PAA, they shall conform to Auburn's service and facility standards for sanitary sewer service then in effect. 5. Auburn Comprehensive Plan. The terms of this agreement will be included as an element of the sewerage portion of Auburn's Comprehensive Plan, and Soos Creek's Comprehensive Plan. 6. Future Annexations. Each of the parties agree that Soos Creek shall provide sanitary sewer service to the areas shown in Exhibit "A" without regard to the present corporate limits of the parties, and without regard to future corporate limits as they may be amended by annexation to either party. 7. Reliance. Each party hereto acknowledges that the terms hereof will be relied upon by the other in its comprehensive planning to meet the needs of the service area designated herein. 8. Liability. Neither party to this agreement shall be liable for any failure or interruption of service in the service area of the other party, as designated herein, except as may be specifically caused by the other party. 9. Government Approvals. The parties will give notice of the adoption of this Agreement to Metropolitan/King County, to the Department of Ecology, to the Department of Health, and to any other agency with jurisdiction or mission relevant to the terms hereof, and shall cooperate and assist in all reasonable manner in procuring any necessary approvals hereof by those agencies. 10. Boundary Review Board. In the event that implementation of the terms hereof results in permanent sewer service to areas that will be outside the respective service boundaries of Soos Creek or Auburn, the parties will at the time of such service jointly seek approval of the King County Boundary Review Board 'in accordance with R.C.W. 36.93.090. Exhibit "1" Page 3 of 6 Resolution No. 3321 11. Service Amendments. Any changes to the service areas described herein shall be by mutual agreement. Each party may give permission to the other on a case-by-case basis to provide service by one party into the other party's adjacent or nearby service area based upon considerations of economic efficiency for providing the service with mutual consent of Auburn's Director of Public Works and Soos Creek's District Manager. 12. Alteration, Amendment, Modification, or Termination. Soos Creek and Auburn hereby reserve the right to alter, amend modify or terminate the terms and conditions of this Agreement upon consent of both Parties given in writing. 13. Indemnification and Hold Harmless. Each Party hereto agrees to protect, defend, and indemnify the other Party, its officers, officials, employees and agents from any and all cost, claims judgements and/or awards of damages, arising out of or in any way resulting from the Party's default, failure of performance, or negligent conduct associated with this agreement, by the Party, its employees, subcontractors or agents. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. In the event either Party incurs any costs including attorney fees to enforce the provisions of this article and prevails in such enforcement action, all such costs and fees shall be recoverable from the losing Party. The provisions of this section shall survive the expiration or earlier termination of this agreement with regard to any event that occurred prior to or on the date of such expiration or earlier termination. 14. Dispute Resolution. In the event that any dispute arises between the Parties, either Party may request in writing that the issue in dispute be resolved by Mediation and, if necessary, binding Arbitration. In the event the matter cannot be resolved by the mediation process then it shall go promptly to binding Arbitration with no right of appeal. Arbitration shall be by the American Arbitration Association, or by such other entity as the Parties agree. 15. Sanctity of Agreement. This agreement constitutes the entire agreement of the parties regarding the subject matter hereof, and there are no other representations or oral agreements other than those listed herein, which vary the Exhibit "1" Resolution No. 3321 Page 4 of 6 ~'TIt1F I terms of this agreement. Future agreements may occur between the parties to transfer additional or future service areas by mutual agreement. 16. Obligation Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of either Soos Creek or Auburn regarding provision of sewer service, except as specifically set forth herein. SOOS CREEK WATER AND SEWER DISTRICT Approved by Resolution No. 2141-S of the Soos Creek Water and Sewer District, Washington, at its regular meeting held on the 21st day of Harch , 2001. By: Karen L. Webster Approved as to form: Soos Creek'Attorne / ;.c Attest: Exhibit "1" Resolution No. 3321 Page 5 of 6 CITY OF AUBURN Approved by Resolution No. 3321 of the City of Auburn, Washington, at its regular meeting held on the(7~ ~:t~day of, ~t~~ ,2001. By: Attest: Charles A. Booth, M'ayor ~;... ......... <~, ~. Appr~ed Michael Reynolds, City AEorney Danielle Daskam, City Clerk Exhibit "1' Resolution No. 3321 Page 6 of 6 PORT/ON OF SE-C 33, 34 'T22, P.5 AND PORTIONS OF SEC 3, 4 321, P.5 KING COUNTY WA (.no ! OL~"J O~ PORT[ON OF SEC 33, 34 'r22~ RS AND POR'rIoNs OF SEC 3, 4 121, R5 KING COUNTY WA 0~0~- ri'Il- 1 ~ EXHIBIT "A"  CITY OF AUBURN / SODS CREEK JUNE2000 WATER & SEWER DISTRICT LEGEND INTERLOCAL AGREEMENT m m m ~ ~ m SCWSD CORPORATE BOUNDARY PROPOSED SEWER SERVICE PLANNING AREAS ~ ~ ~ SCWSD SEWER PLANNING AREA BOUNDARY '//////////////// CITY OF KENT CORPORATE BOUNDARY APPROVAL CITY OF AUBURN SEWER SERVICE AREA BOUNDARY ~ ~ ~ ~ SEWER SERVICE DIVISION LINE $OO$ CREEK W & $ DISTRICT CITY OF AUBURN ::'?:~ ' - ...... :' ~' '-"='=?': .... :~= "!, ' , ~i"l", I= /- · , -'-'::;" ........ : ' -'" ': ~ ._ _:,__._::_=;~:.' .. ' [ I ' ':: ' ' ' · I - ~- ,~- ~ ~LT~ -~ ':--~--:~- ~.:-.~ '... ~ -- GO, 1 CR: DI STRICT' ~ ~' -- ...... . "=;~_ - ...... ~==l~.~=~:= .... I --- ~ A~ ~ ' SEWER SERVICE-AREA--: ........ ~:~ X * CITY OF * * ter B. Lewis, Mayor AT RN Pe * - WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 May 19, 2009 Mr. Ron Speers District Manager Soos Creek.Water and Sewer District P.O. Box 58039 Renton, Washington 98058-1039 MODIFICATION OF SERVICEAREA DETERMINED IN 2001 INTERLOCALAGREEMENT Re: Service Area Adjustment Dear Mr. Speers, This letter shall serve as a letter agreement between Soos Creek Water and Sewer District and the City of Auburn concerning a modification to our respective sewer service areas as established in the March 21, 2001 Interlocal Agreement between our two agencies. Exhibit A of that agreement showed four parcels and a portion of another within Soos Creek's service area which Auburn now believes it will be able to more effectively serve in the near future. Item number eleven (11) of the agreement makes provision for Auburn's Director of Public Works and Soos Creek's District Manager to, on a case by case basis, agree to allow one party to provide service in an area designated for the other "based on considerations of economic efficiency." As shown on the attached map, a developer within the Ciry of Auburn's service area is currently constructing a sewer extension which partially lies in 124'h Avenue SE. Based on the location of the line and the terrain in the area, it appears that, once that portion of the system in complete, the parcels in question could be served by relatively short extensions of the City's system Please review the map, which shows the parcels to be served by Auburn, and, if you agree, please sign in the space below and on the enclosed drawing and return both documents to me at the above address, or in the enclosed self-addressed stamped envelope. If you disagree, or desire a change to the map, please contact me at (253) 931-3023 or our Sewer Utility Engineer, Bob Elwell, at (253) 931-4008. Thank you for your help in this matter. Sincerely, n' ~wdy Public Works Director City ofAuburn DRDlrce/jr Enclosures cc: Robert Elwell, Sewer Utility Engineer AUBURN * MORE THAN YOU IMAGINED Mr. Ron Speer# May 19, 2009 Page 2 of 2 ACCEPTED AND AGREED: The Soos Creek Water and Sewer District hereby accepts and agrees to the terms and conditions set forth in this Letter Agreement. Ron Speerif District Mana r Soos Creek Water and Sewer District SOOS CREEK WATER & SEWER DISTRICT 74616 S.E. 192nd St • P.O. Box 58039 • Rentarl, WA 98058-1039 • Phone (253) 630-9900 • Fax (253) 630-5289 June 1o, zoo9 RECEIVED .tuN 13 ~aoo City of Auburn Dennis Dowdy cftv d "M 25 West Main Street pubUc woWs DEPArMeNr Auburn, WA 98001-4998 Dear Mr. Dowdy, Enclosed please find the modified exhibit that you mailed to our off'ice on May 19, 2009 for the interlocal agreement between our agencies. Ron Speer, District Manager for Soos Creek Water & Sewer District has singed the exhibit as you requested and requests in return for your office to mail us back a copy after you have signed the exhibit. If you have any further questions, please don't hesitate to contact me at 253-630-990o extension 107. Thank you, ~ Darci McConnell Development Coordinator Soos Creek Water & Sewer District Dmcconnell(&sooscreelc.com www.sooscreek.com PARCELS 042105-9054, -9038t AND -9039 TO BE SERVED BY AUBURN • v ~ uO 49 s~ ~ + 3322 1F4 3 91 3 22 : ~ ~ ~ s 0 ~ LO 0 0 9- ~ ~ . rn n tn ~ ~ M ~ o rn ° o ° 953701 LO ~ o 0 2 oss s .-%3 g N q 0 ~ o 0 0 0 0 ~ On) O ~ o~ o o ~ R x D 4, 5 MOUNTAIN VIEW H I GH SCH OOL , ~ ~ ~ 0 0 'N 020906 ~ ~ 04210 064 PARCEL 0421059064 ~ do 0 TO BE SERVED BY $o - , _ AUBURN ■ s ASEWER EXIENSION Os,o / s\\ I ( CURRENTLY UNDER ~ AUp~aP~ PARCEL 0421059076 WHICH IS SPLIT BY THE 0 1059057 BOUNDARY SHOWN ON ci THE EXHIBIT IN THE 2001 4 1 AGREEMENT, TO BE SERVED BY AUBURN - ~ ~ r SERVICE AREA BOUNDARY o 21059085 PER THE 2001 INTERLOCAL ~ AGREEMENT ~ ~ ~ 0 10 0 1 ~ 0 $ 0421059062 F42'1 05 1 I!-2W REVISIONS TO EXHIBIT A-SERVICE AREAS THIS MAP REPRESENTS REVISIONS TO THE SERVICE AREAS ESTABLISHED IN THE 2001 INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND THE SOOS CREEK WATER AND SEWER DISTRICT. BY: SOOS TER AND SEWER DISTRICT DATE 1;01'd A U A