HomeMy WebLinkAbout3463RESOLUTION NO. 3 4 6 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
AUBURN AND LAKEHAVEN UTILITY DISTRICT FOR THE PURPOSE OF
PROVIDING SEWER SERVICE TO THE CANTERBERRY CROSSING
DEVELOPMENT PROJECT.
WHEREAS, the residential development of "Canterberry Crossing" is
located within an unincorporated area of King County designated for future
annexation to Auburn at approximately South 321st Street and 56th Avenue
South; and
WHEREAS, Auburn lacks a franchise to operate, maintain, repair, and
construct sewer mains and service lines, and appurtenances in, over, along,
and under County roads and rights-of-way within the area of King County,
Washington, in which Canterberry Crossing is located; and
WHEREAS, Auburn is in the process of completing an update to its
Comprehensive Sewer Plan and intends to thereafter apply for, and receive, a
franchise with King County to enable it to provide sewer service to that area of
King County in which Canterberry Crossing is located; and
WHEREAS, Lakehaven does have a franchise agreement with King
County, dated July 8, 1996, and expiring on July 8, 2021, to provide sewer
Resolution No. 3463
April 16, 2002
Page 1
service to that area of King County in which Canterberry Crossing is located;
and
WHEREAS, while service through Lakehaven's sewer system is
available, sewer service to Canterberry Crossing is more feasible through
Auburn's sewer system; and
WHEREAS, Auburn received a request for sewer service to Canterberry
Crossing from Harbour Homes, the owner thereof, hereinafter referred to as
"Developef', in August, 2001; and
WHEREAS, Auburn and Lakehaven are pursuing a separate agreement
between them that would establish a common sewer service area boundary
between their respective service areas, providing for the most efficient sewer
service to future customers at a reasonable cost; and
WHEREAS, both Auburn and Lakehaven agree that Canterberry
Crossing is best served at this time by a direct sewer connection to the Auburn
system; and
WHEREAS, Auburn entered into a Developer Public Facility Extension
Agreement ("Extension Agreement") with the Developer under which the
Developer is required to construct necessary public improvements to serve
Canterberry Crossing, and to provide cash bond for these improvements; and
Resolution No. 3463
April 16, 2002
Page 2
WHEREAS, Lakehaven is willing to accept interim ownership and to
assume interim responsibility for operation and maintenance of the Developer's
public sewer improvements, subject to the terms, limitations, and conditions of
this Agreement; and
WHEREAS, Auburn is willing to accept ownership and responsibility for
operation and maintenance of the Developer's public sewer improvements upon
obtaining a sewer franchise from King County to serve the area in which
Canterberry Crossing is located.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section l. The purpose of this resolution is to enable the City of Auburn
to provide sewer service to property within Auburn's sanitary sewer service
area, within unincorporated King County, and within Lakehaven's King County
sewer franchise until Auburn secures a King County franchise for such utilities.
Section 2. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute and, if required, amend an Interlocal Sewer Service
Agreement regarding the Canterberry Crossing Development Project between
the City and the Lakehaven Utility District. A copy of said Agreement is
Resolution No. 3463
April16,2002
Page 3
attached hereto, denominated as Exhibit "A" and made a part hereof as though
set forth in full herein.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
DATED this ~ ~day of ~'[~ ,2002.
ATTEST:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
City Clerk
APPROVED AS TO FORM:
City Attorney
Resolution No. 3463
April 16, 2002
Page 4
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
PRCZFZC NI, J TZT
PAGE eot OF
KZNG COUNTY,
'205J.5003776
13
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Intelocal Agreement (Sewer Service)
Reference Number(s) of Documents assigned or released:
i-'lAdditional reference #'s on page of document
Grantor(s)lBorrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary:
Lakehaven Utility District (Last name first)
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
N/A
[] Assessor Tax # not yet assigned
I I
Exhibit A
INTERLOCAL SEWER SERVICE AGREEMENT
(Canterberry Crossing)
This Agreement entered into by and between the City of Auburn, a
municipal corporation of the State of Washington (hereinafter "Auburn"), and
Lakehaven Utility District, a municipal corporation of the State of Washington
(hereinafter "Lakehaven").
WHEREAS, the residential development of "Canterberry Crossing" is
located within an unincorporated area of King County designated for future
annexation to Auburn at approximately S. 321st St. and 56th Ave. S.,
WHEREAS, Auburn lacks a franchise to operate, maintain, repair, and
construct sewer mains and service lines, and appurtenances in, over, along, and
under County roads and rights-of-way within the area of King County,
Washington in which Canterberry Crossing is located; and
WHEREAS, Auburn is in the process of completing an update to its
Comprehensive Sewer Plan and intends to thereafter apply for, and receive, a
franchise with King County to enable it to provide sewer service to that area of
King County in which Canterberry Crossing is located; and
WHEREAS, Lakehaven maintains a franchise agreement with King
County, dated July 8, 1996, and expiring on July 8, 2021, covering the area of
King County in which Canterberry Crossing is located; and
WHEREAS, while service through Lakehaven's sewer system is available,
sewer service to Canterberry Crossing is more feasible through Auburn's sewer
system; and
WHEREAS, Auburn received a request for sewer service to Canterberry
Crossing from Harbour Homes, the owner thereof, hereinafter referred to as
"Developer", in August 2001; and
WHEREAS, Auburn and Lakehaven are pursuing a separate agreement
between them that would establish a common sewer service area boundary
between their respective service areas that would provide for the most efficient
sewer service to future customers at a reasonable cost; and
WHEREAS, both Auburn and Lakehaven agree that Canterberry Crossing
is best served on a permanent basis by a direct sewer connection to the Auburn
system; and
Exhibit A
Resolution No. 3463
Auburn - Lakehaven Sewer Service Agreement
(Canterberry Crossing Development)
Page 1 of 4
I I
WHERI=AS, Auburn entered into a Developer Public Facility Extension
Agreement ("Extension Agreement"), FAC01-0031, with the Developer under
which the Developer is required to construct necessary public improvements to
serve Canterberry Crossing, and to provide a cash bond for these improvements;
and
WHEREAS, Lakehaven is willing to accept interim ownership and to
assume interim responsibility for operation and maintenance of the Developer's
public sewer improvements, subject to the terms, limitations, and conditions of
this Agreement; and
WHEREAS, Auburn, being willing to accept transfer of ownership and
responsibility for operation and maintenance of the Developer's public sewer
improvements upon obtaining a sewer franchise from King County to serve the
area in which Canterberry Crossing is located.
NOW, THEREFORE BE IT AGREED AS FOLLOWS:
1. Consistent with the terms of this Agreement and Lakehaven's sewer
franchise agreement with King County, Lakehaven shall own, operate, and
maintain, for the period of time described herein, public sewer improvements for
Canterberry Crossing, constructed pursuant to the Extension Agreement
between Auburn and Developer, to the point of connection of said improvements
with Auburn's existing gravity sewer at 60th Ave. S. at W St. NW. Auburn shall
receive sewerage from Canterberry Crossing through these improvements, and
shall provide sewer service from this point through the Auburn system for
ultimate disposal to the King County sewer treatment plant at Renton,
Washington.
2. Auburn shall administer all aspects of the Extension Agreement, including
the construction of the sewer improvements required to serve Canterberry
Crossing to Auburn standards. Lakehaven shall have the right to inspect and
approve plans for and construction of the public sewer improvements required to
serve Canterberry Crossing as necessary to comply with Lakehaven's sewer
franchise with King County. Upon request from Auburn, Lakehaven shall apply
for the R-O-W permit required from King County for construction of the
Developer's public sewer improvements in King County right-of-way.
3. Lakehaven and Auburn shall work in good faith to review all project plans,
and to inspect all project construction, in a timely manner, and, where and when
appropriate, to modify Auburn's standards to facilitate compliance with the terms
and conditions of Lakehaven's sewer franchise with King County. Auburn agrees
that it shall be responsible to comply with any requirements that this Agreement
be submitted to the King County Boundary Review Board for approval.
Auburn - Lakehaven Sewer Service Agreement
(Canterberry Crossing Development)
Page 2 of 4
4. Upon Developer's completion of construction of sewer improvements and
satisfaction of all terms and conditions of the Extension Agreement Auburn shall
transfer temporary ownership to Lakehaven, all public sewer improvements in
King County required to serve Canterberry Crossing.
5. Following satisfactory completion of the sewer improvements, property
owners within Canterberry Crossing may apply for connection to the sewer
system as single-family residential customers of the Auburn Sewer Utility.
Connection charges, monthly rates and other charges shall be collected as
provided for any other single-family residential customer of the Auburn Sewer
utility located outside of the Auburn city limits.
6. In consideration of the receipt of the charges referenced in paragraph 5
above, Auburn agrees to provide the operation, repair and maintenance, both
ordinary and extraordinary, of the Lakehaven-owned public sewer improvements
for Canterberry Crossing, as referenced in paragraph 4 of this Agreement. If any
such operation and maintenance triggers any of the provisions of Lakehaven's
sewer franchise with King County, Auburn shall promptly notify Lakehaven.
Auburn shall abide by any such provisions at the sole discretion of Lakehaven
and at the sole cost of Auburn.
7. Upon Auburn's written notice to Lakehaven that it has secured a sewer
franchise with King County for the area of King County in which the Canterberry
Crossing development is located, a copy of which franchise shall be provided
with the written notice to Lakehaven, Lakehaven shall, by bill of sale, immediately
thereafter transfer ownership of the facilities temporarily owned by Lakehaven
pursuant to this Agreement, to Auburn.
8. Auburn agrees to reimburse Lakehaven for all expenses incurred by
Lakehaven, including the cost of time spent by Lakehaven employees calculated
at labor rates used to establish Lakehaven's fees and charges, in connection with
this Agreement and the provision of service to Auburn's customers pursuant to
the provisions herein. Lakehaven agrees to submit to Auburn, no less than
annually, a statement of charges due and Auburn shall pay the same within 45
days of the billing date. The parties agree to work cooperatively to resolve any
dispute that may arise with respect to any such billing.
9. This Agreement may be terminated or modified, but only as agreed to in
writing by both the parties.
10. Auburn and Lakehaven agree to indemnify, defend and hold each other
harmless from and against any loss, cost, damage, or expense of any kind
arising out of injury to person or damage to property in any manner caused by
the parties' own negligent conduct in the performance of this interlocal
agreement.
Auburn - Lakehaven Sewer Service Agreement
(Canterberry Crossing Development)
Page 3 of 4
E I
1'1. This Agreement constitutes the only agreement between the parties
concerning sewer service to the Canterberry Crossing Development and nothing
herein shall be construed to alter the rights, responsibilities, liabilities, or
obligations of either Auburn or Lakehaven regarding the provision of sewer
service within their respective service areas except as specifically set forth
herein.
LAKEHAVEN UTILITY DISTRICT
Approved by the Lakehaven Utility District, Federal Way, Washington, at its
regular
meeting held on the ~:~5'~.~ day of ~,~'~, , 2002.
By:
Dor~ald~T. ~Manager
Lakehaven Utility District
Appr?ved as to form:
Steven H. Pritch~ General Counsel
Lakehaven Utility District
CITY OF AUBURN
Approved by Resolution No. -~/~.~ of the City of Auburn, Washington, at its
regular meeting held on the ~ ~- day of ~ ~ ,2002.
/
Peter B. Lewis, Mayor
City of Auburn
Attest:
Da~nielle Daskam, City Clerk
Auburn - Lakehaven Sewer Service Agreement Page 4 of 4
(Canterberry Crossing Development)