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HomeMy WebLinkAbout3391 RESOLUTION NO. 3 3 9 1 A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERIM SANITARY SEWAGE AND WATER CONNECTION AGREEMENT BETWEEN THE CITY OF AUBURN AND THE MUCKLESHOOT INDIAN TRIBE. WHEREAS, the Muckleshoot Indian Tribe has identified an urgent need to connect single family residences, to be located on Indian lands, to City of Auburn sanitary sewer and water services; and WHEREAS, all Tribal families to receive sanitary sewer, water, and related services will reside on trust lands, known as Henry King George North, Henry King George South, Jerry Dominick North, Jerry Dominick South and the Betsy Lozier allotments, all within that portion of the City of Auburn within the Muckleshoot Indian Reservation; and WHEREAS, more than one single family residence is currently located on each of the aforementioned trust lands such that additional, individual single family residence sanitary sewer and water connections are precluded by ordinance of the City of Auburn; and WHEREAS, both the Muckleshoot Indian Tribe and the City of Auburn desire the orderly provision of sanitary sewer and water services to the aforementioned trust lands so that the health, safety, and welfare of all citizens of the City of Auburn are maintained. Resolution No, 3391 02/06101 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 Interim Sanitary Sewage and Water Connection Agreement between the City of Auburn and the Muckleshoot Indian Tribe. 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. Resolution No. 3391 02/06/01 Page 2 of 3 DATED this~__"~ay of (~..~'y-- ,2001. CITY OF AUBURN CHARLES a. BOOTH MAYOR ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3391 02/06/01 Page 3 of 3 INTERIM SANITARY SEWAGE AND WATER CONNECTION AGREEMENT between the CITY OF AUBURN and the MUCKLESItOOT INDIAN TRIBE OF TIlE MUCKLESHOOT INDIAN RESERVATION This Interim Agreement is entered into between the City of Auburn, a municipal corporation under the laws of the State of Washington, hereafter referred to as the "City," and the Muckleshoot Indian Tribe, a federally recognized Indian Tribe located on the Muckleshoot Indian Reservation, hereafter referred to as "Tribe" and "Reservation" respectively. PURPOSE The purpose of this Interim Agreement is to secure the provision of sewer, water and related services to those Tribal families residing on trust lands, known as Henry King George North, Henry King George South, Jerry Dominick North, Jerry Dominick South, and the Betsy Lozier allotments, all within that portion of the City of Auburn within the Muckleshoot Indian Reservation consistent with the interim quantity of water provided herein and the attached standards. The parties agree that this Interim Agreement is not intended to address the comprehensive provision of water and sewer services to Indian lands within that portion of the City of Auburn within the Muckleshoot Indian Reservation. The parties intend to address that issue in a comprehensive water and sewer agreement that is presently being negotiated by the parties. Nothing in this Interim Agreement is intended to prejudice those negotiations. Consistent with the Purpose set out above, the parties agree as follows: Tribal - City lnteiim Agreement Exhibit "1" Resolution No. 3391 I. Connection Authorized 1.1 The Tribe is authorized to connect single-family residences on the Henry King George allotment north plan area (Attachment l-A), the Henry King George allotment south plan area (Attachment l-B), the Jerry Dominick allotment south plan area located north of the White River and including the mobile home park adjacent to State Route 164 (Attachment l-C), the Jerry Dominick allotment north plan area (Attachment l-D), and the Betsy Lozicr allotment plan area (Attachment l-E) to the City water and sewer systems consistent with the limitations and provisions of this Interim Agreement. The City's established permit system shall be used solely for purposes of establishing billing accounts for each residence connected, unless the Tribe and City agree on billing to take place at the main connection between the City line and the trust land for each parcel of trust land connected under this Agreement. 1.2 The initial eight residents that the Tribe intends to connect are set out in Attachment 2. The Tribe may identify additional single family residences on the allotment plan areas described in section 1.1 within that portion of the City located within the Muckleshoot Indian Reservation that need City water and sewer services and the Tribe may cause those Tribal families to be connected to the City water and sewer systems on the same basis and on the same terms as those members identified in Attachment 2. 1.3 The Tribe and City recognize that the Tribal systems will be connected to the City water and sewer systems and as a result the parties agree that steps need to be taken to assure that the Tribal activities will not have an adverse impact on the City systems. Therefore, the following shall apply to all water and sewer connections made under this Agreement. a. The Tribe shall install and maintain a backflow preventor in accordance with the requirements of a class A water operator in the State of Washington at the connection point of the City water system and the Tribal system on all trust lands served by this Agreement, unless the parties agree otherwise. Meter shall be placed at this location. b. All water and sewer line connections to serve any trust lands under this Agreement shall be consistent with the standards attached hereto as Attachment 3. The standards address the main water and sewer lines serving the trust lands and the method of connecting each residence, and address the methodology for making connections to the City systems. The Tribe shall enter into a limited Facility Extension Agreement with the City included as Attachment 4, in order to address City requirements for the connections to the City systems. Each Facility Extension Agreement shall be limited to cover only that portion of each connection that extends from the point of connection to the City system through the meter and backfiow prevention assembly for water or to the point of connection to the Tribe's system for sewer. c. The City will be given a reasonable opportunity to inspect the installation of all water and sewer lines, including connections to each residence To the extent that the City 2 l't ibal - City [nic~ im Agreement elects not to inspect or is otherwise unable to inspect the connection, the Tribe will provide certification from an independent inspector that installation is in conformity with the attached standards. 1.4 The Tribe and City shall consult together and agree on the City connection points to be located at the property boundary of the trust lands to which sewer and water services are to be provided. The Tribe will provide sewer and water connection lines from the identified connection points to the Tribal member home sites. All sewer and water lines constructed by the Tribe and connected to the City systems shall be compatible with the City systems. Except as provided otherwise by this Agreement, City and State code and regulatory requirements pertaining to the location, design, installation, ownership, configuration, use and maintenance of sewer and water lines shall not apply to the sewer and water lines and connections located on trust lands inward of the connection points between the City and Tribe. The City and Tribe shall each negotiate in good faith the placement of the connection points between the City and Tribal lines. Disputes shall be resolved in government-to-government discussions between the City and Tribe. The initial connection points between the City connections and the water and sewer lines on the trust lands are set out in Attachment 1 to this Interim Agreement. 1.5 In order to assist the Tribe and City in planning for water use during the term of this Interim Agreement and to assist the parties in developing a more comprehensive government to government relationship in the area of the provision of water and sewer services, it is agreed by the parties that for the term of this Interim Agreement the Tribe shall not connect additional residences to water and sewer on those trust lands covered under this Interim Agreement where the total water use on those trust lands covered under this Interim Agreement exceeds an annual average daily water use of 260,000 gallons per day (gpd) or a peak month water use of 4t 8,000 gpd without reinitiating consultation under this Interim Agreement. 1.6 When service is provided, the City shall receive such information with respect to each connection to allow it to properly and efficiently bill for services provided. 1.7 The City shall not discriminate against any person receiving water or sewer services under this Interim Agreement. II. Fees and Charges 2.1 The Tribal families connected to the City water and sewer collection and disposal systems under this Interim Agreement shall be responsible for the payment of all fees charged to similarly situated City customers under Auburn City Code chapters 13.06, 13.20, 13.41, and 13.48. Billing shall be in a manner as determined by the Tribe and the City. The parties recognize that these fees include fees for water, sewer, garbage, and storm water. The Muckleshoot Indian Tribe believes that all of these fees may not apply to the Tribe and Tribal members. This issue shall be resolved in the comprehensive agreement, and to the extent l'ribal - City lnte~ mi Agreement 3 resolved in that agreement shall be made applicabl~ to those Tribal families covered by this Interim Agreement. III. Quality of Sewage 3.1 The Tribe shall not permit industrial waste producing development to be connected to the City sewage collection and disposal system. The Tribe shall only permit the discharge of domestic type sewage into the City sewage collection and disposal system. For purposes of this Interim Agreement, domestic type sewage shall be defined as that type of sewage which is contributed by residential users. 3.2 The Tribe shall enforce all sewage collection and transmission system effluent quality standards as required by the City, METRO and/or EPA for the effluent discharged into the City's sewage system. 3.3 Should abnormal damage to the City sewage collection and disposal system result from effluent from any connection allowed under this Interim Agreement that does not meet the standards set out in section 3.2 above, the Tribe will reimburse the City for any such damage. IV. Tribal and City Ownership and Maintenance 4.1 The Tribe shall own and maintain all water and sewer lines and appurtenances located on trust lands served by this Interim Agreement. All other water and sewer facilities connected to and not on trust lands shall be owned by the City. V. Indemnification and Liability 5.1 Where not caused by negligent City action, the Tribe agrees to assume liability, including Attorney fees and costs if any, and indemnify and hold the City harmless for any damage caused by: the failure of the Tribal sewer or water lines to meet City code or other non-Tribal regulatory requirements (in this section collectively "City codes"); any lack of fire flow caused by the failure of the Tribe to configure or construct the water lines on the Trust lands served by this Interim Agreement to meet City Codes, or the failure of the Tribe to require upgrades to the Tribal system that would have otherwise have been required by the City; any lack of fire fighting capability caused by the failure of the design, configuration, or construction of residences, served by City sewer and/or water, on the trust lands served by this Interim Agreement to meet City codes; the back-up of sewage caused as a result of the failure of the design, configuration or construction of sewer lines on the Indian lands se~wed by this Interim Agreement to meet City Codes; the lack of adequate emergency access for police, fire and emergency medical vehicles Tribal - City Interim Agreement 4 caused by the failure of the Tribe to require road construction, road width or easements equal to those required by the City; or any incident that occurs as a result of City equipment required to perform backing maneuvers on the trust property or off of the trust property, covered by this Interim Agreement, in a manner that would not have been required had City regulations been in force. 5.2 The Tribe shall procure and maintain in full force and effect throughout the term of this Interim Agreement a policy of comprehensive liability insurance with a minimum coverage of one million dollars per occurrence/two million dollars aggregate for personal injury, including death and property damage covering the liability set out in section 5.1. The City shall be an additional named insured under the liability policy. 5.3 The Tribe does hereby execute and grant to the City a limited waiver of sovereign immunity for the purposes of enforcing the indemnification and assumption of liability provisions of this section V, and the provisions of section 3.3. This limited waiver of sovereign immuW~ty is for the benefit of the City only and shall not apply to any other entity or person or to any assignee or successor in interest to the City. The Tribe agrees that this Interim Agreement may not be enforced in the Muckleshoot Tribal Court without the consent of the City. VI. Disclaimer and Reservation of Rights 6.1 The Tribal sewer and water lines and connections authorized under this Interim Agreement may not comply with City codes and other regulations. By entering into this Interim Agreement the City is not waiving its right to seek different terms and conditions in any comprehensive agreement or to challenge in any court or other proceeding the application of City codes and regulations to the provision of sewer and water to Indian lands. The Tribe is agreeing to the application of certain fees and charges as set out in this Interim Agreement as well as a limit on the quantity of water that can be used under this Interim Agreement. By entering into this Interim Agreement the Tribe is not waiving its right to require different terms and conditions in any comprehensive agreement; to challenge in any court or other proceeding the application of those Jt~es and charges to Tribal members or the quantity limit; or to challenge the application of any City code or state regulation or the scope of required services to Indian lands. 6.2 Nothing in this Interim Agreement is intended to nor shall it be a determination or limitation of any Treaty right of the Tribe or a determination or limitation of any water right held by the Tribe under any provision of law. The parties agree that this Interim Agreement is intended as an interim measure to meet an immediate need and is not intended to resolve the rights of any party or to prejudice any party m its ability to raise any issue or matter in the future, uotwithstanding the fact that such issue or matter is addrcsscd iii this Interim Agreement. l'ribal CitylnmrimAg~ccmcnt 6.3 The parties do not intend that this Interim Agreement shall: (a) bind either party in future negotiations; (b) be viewed as an admission or expression against interest; (c) be used in any other proceeding or process; or (d) limit the right of any party to bring any judicial or administrative proceeding or participate in any legislative process relating to any issue or matter addressed in this Interim Agreement. 6.4 Nothing in this Interim Agreement is intended to affect or prejudice the rights of any party hereto or any allottee or heir of the King George Allotment to water pursuant to a 1927 agreement whereby the City acquired an easement across said allotment in return for certain consideration for the benefit of the allottees. Provided, by signing this Interim Agreement the City is not admitting that it has any duty to provide any additional consideration, including water free of charge to the allotment, or that such duty ever existed or flows from any agreement between the City and allottees; and the Tribe is not agreeing to the scope or status of any claim. The purpose of this paragraph 6.4 is only to assure that this Interim Agreement does not affect whatever rights might exist as to any party hereto or that might accrue to any allottee, notwithstanding this Interim Agreement. VII. Modification 7.1 This Interim Agreement may be modified or amended only if such amendments are in writing and approved by written resolution of the parties. VIII. Term 8.1 This Interim Agreement shall relnain in force until (a) /'eplaced by a comprehensive sewer and water agreement for the delivery of water to and the provision of sewage collection and disposal services for Indian lands within that portion of the City located within the Muckleshoot Indian Reservation; (b) the City is no longer required to connect Tribal members to City water andZor sewage collection and disposal systems as provided in this Interim Agreement as a result of agreement between the parties or court order; (c) the duties of the City to provide water and sewer services to Indian lands is resolved by court order or by Congressional action; or (d) the Tribe elects to provide water and sewer services to lands covered by this Interim Agreement. 6 IN WITNESS TO THE TERMS OF THIS &GREEMENT, the parties hereto have subscribed their names: Muckleshoot Indian Tribe TitleO}r / ¥'" "~"~ ~" Date: lo / c 6./ OI City of Auburn Title: Mayor Date: October 31, 2001 City Clerl~ - "' City Attorney