HomeMy WebLinkAbout3322RESOLUTION NO. 3322
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 CITY OF KENT.
WHEREAS, pursuant to RCW 35A.11.040 Auburn and Kent have the
legal authority to exercise their powers and perform any of their functions as set
forth in RCW 39.34; and
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act,
Auburn and Kent have 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 and Kent have the
legal authority to maintain a sewerage system.
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 the City of Kent. A copy of
said Agreement is attached hereto, denominated as Exhibit "1" and made a part
hereof as though set forth in full herein.
Resolution No. 3322
02/06/01
Page 1 of 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
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DATED this~~J day q , 2001.
CITY OF AUBURN
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CHARLES A. BOOTH
MAYOR
ATTEST:
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Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
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Michael J. Reynolds,
City Attorney
Resolution No. 3322
02/06/01
Page 2 of 2
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
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RECORDER'S COVER SHEET
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Document Title(s) (or transactions contained therein):
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INTERLOCAL AGREEMENT BETWEEN CITY OF AUBURN AND THE CITY
OF KENT FOR THE ESTABLISHMENT OF SANITARY SEWER SERVICE
BOUDNARIES
Reference Number(s) of Documents assigned or released:
^Additional reference #'s on page of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
CITY OF AUBURN & CITY OF KENT
Grantee/Assignee/Beneficiary: (Last name first)
CITY OF AUBURN & CITY OF KENT
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
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CITY OF KENT and CITY OF AUBURN
INTERLOCAL AGREEMENT FOR
THE ESTABLISHMENT OF SANITARY
SEWER SERVICE BOUNDARIES
THIS AGREEMENT, made and entered into this day of , 2001,
by and between the CITY OF KENT, a Washington municipal corporation (hereinafter
referred to as "Kent"), 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 and Kent have the legal
authority to exercise their powers and perform any of their functions as set forth in
RCW 39.34; and
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~~~ WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn
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p - and Kent have the legal authority to cooperate with other localities on the basis of
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,~-, mutual advantage and provision of services; and
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WHEREAS, pursuant to RCW 35A.21.150 Auburn and Kent have the legal
_~~ authority to maintain a sewerage system; and
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r.. WHEREAS, the parties recognize the responsibility of public sanitary sewer
utilities to provide efficient and reliable service to their customers at reasonable cost;
`'d and
WHEREAS, Auburn desires new developments within it's Potential Annexation
Area to complete aPre-annexation agreement with Auburn prior to receiving a
certificate of sanitary sewer availability; and
WHEREAS, portions of the Kent 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
WHEREAS, Auburn has evaluated and determined it is not cost feasible to
provide direct sewer service to Auburn's Potential Annexation Area property existing
adjacent to Kent's sanitary sewer infrastructure; and
Exhibit "1•• Page 1 Of 5
Resolution No. 3322
WHEREAS, the parties desire to allow Kent to construct, reconstruct, repair
and maintain sewer facilities as necessary, and to authorize connections to Kent's
sewer system for service to noted areas, or portions thereof; and
WHEREAS, Kent'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 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 Kent in providing sewer service to the area shown on Exhibit "A",
as Area To Be Served By Kent, shall be furnishing sewer service to properties within
Auburn's Potential Annexation Area. Kent shall provide service in accordance with
and subject to the terms and conditions of this Agreement.
2. Management, Regulation and Control of Sewer System. Kent shall have
the sole responsibility and authority to construct, maintain, manage, conduct and
`'~` operate its sewerage system as installed within the area described in Exhibit "A",
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~~ together with any additions, extensions and betterments thereto. Kent shall also be
~~---, responsible for obtaining all necessary governmental franchises, approvals,
c-' easements and permits for the installation of said sewerage system as described
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above.
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~~ 3. Service Rates and Connection Charges.
~; a) Permit Required. No connection shall be made to Kent's sanitary sewer
=~; system unless the property owner first pays the associated fees and
submits the proper information to obtain a Kent sanitary sewer connection
permit. The connection shall be subject to inspection and approval for
compliance with Kent's Sanitary Sewer Standards as adopted at the time
the connection is made.
b) Rates. The rates charged to the sanitary sewer customer by Kent within
the area described in Exhibit "A" shall be fixed, altered, regulated and
controlled by Kent pursuant to all applicable laws or regulations
promulgated on the subject of rates and charges for sewer service. No
surcharge shall be charged to the customers served under this agreement
on the sole basis that those customers are within Auburn's Potential
Annexation Area.
Exhibit "1.' Page 2 Of 5
Resolution No. 3322
4. Planning Areas. Kent hereby acknowledges the region to be within Auburn's
Potential Annexation Area. Both parties acknowledge that Auburn desires aPre-
annexation. Agreement from property seeking a sewer certificate of availability within
Auburn's Potential Annexation Area.
5. Sewer Availability Certificates. Commencing on March 1, 2001, Kent shall
issue sewer availability certificates for property within the area described in Exhibit
"A". Kent agrees not to issue the availability certificate or any side sewer permit in
the case of an existing development until Kent receives a copy of the City of Auburn
Pre-Annexation Agreement in a form accepted and approved by the City of Auburn.
6. Future Annexations. Each of the parties agree that Kent 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. Kent Comprehensive Sewer Planning. The terms of this Agreement will be
included as an element of Kent's Comprehensive Sewerage Plan. Kent will submit to
Auburn all Comprehensive Sewerage Plans and amendments thereto involving area
and/or system improvements within Auburn's planning area.
8. Auburn Comprehensive Planning. The terms of this Agreement will be
~~;; included as an element of the sewerage portion of Auburn's Comprehensive Plan.
=> 9. 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.
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c 10. Liability. Neither party to this agreement shall be liable to the other party for
~_.. any failure or interruption of service in the service area of the other party.
11. 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.
12. 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 Kent 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.
13. 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
Exhibit "1. Page 3 Of 5
Resolution No. 3322
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 the Director of Public Works from both
jurisdictions.
14. Alteration, Amendment or Modification. Kent and Auburn hereby reserve
the right to alter, amend or modify the terms and conditions of this Agreement upon
written agreement of both parties to such alteration, amendment or modification.
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
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 Kent or Auburn regarding provision
of sewer service, except as specifically set forth herein.
~,_, CITY OF KENT
~,~ Approved by . M~"t1~ of the City of Kent, Washington, at its
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`-~ regular meeting held on the STN day of ~~~Z~ , 2001.
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Mayor City Clerk, Cit f Kent
Approved as to form:
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Kent City Attorney, ~~~t~
Exhibit "1.. Page 4 Of 5
Resolution No. 3322
CITY OF AUBURN
Approved by Resolution No. 3322, of the City of Auburn, Washington, at its regular
meeting held on the ~U ~ day of ~._.~~2~I .2001.
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By:
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Charles A. Booth, Mayor
Approved as to form:
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"Auburn City Attorney
Exhibit "1"
Resolution No. 3322
Attest:
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Danielle Daskam, City Clerk
Page 5 of 5
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