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