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
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PORT[ON OF SEC 33, 34 'r22~ RS AND POR'rIoNs OF SEC 3, 4 121, R5 KING COUNTY WA
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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= /-
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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
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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
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0421059062 F42'1 05 1
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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