Loading...
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)