HomeMy WebLinkAbout3502RESOLUTION NO. 3 5 0 2
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 THE MUCKLESHOOT
INDIAN TRIBE FOR THE OPERATION OF A TEMPORARY
SEWAGE LIFT STATION.
WHEREAS, the Muckleshoot Indian Tribe (Tribe), and the City of Auburn
(Auburn) are authorized to enter into this Agreement under the authority of their
respective enabling legislation and under the authority of Chapter 39.34 RCW,
the Interlocal Cooperation Act; and
WHEREAS, the parties desire clarification on the ownership, the
maintenance, and the operational responsibilities for a lift station serving the
Swan Flats development; and
WHEREAS, it is in the public interest for the parties herein to enter into a
sanitary sewer agreement for the operation of a sanitary sewer lift station to
facilitate service from the Swan Flats plat.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. Pursuant to RCW 39.34, the Interlocal Cooperation Act,
Auburn and the Tribe have legal authority to cooperate with other localities on
the basis of mutual advantage and provision of services.
Resolution No. 3502
July 11,2002
Page 1
Section 2. The Mayor and City Clerk of the City of Auburn are
herewith authorized to execute the Interlocal Agreement between Auburn and
the Tribe with minor administrative changes if required. A copy of said
Agreement is 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.
Section 4. This resolution shall be in full force and effect upon
passage and signatures hereon.
DATED this-" day of
,2002.
CITY OF AUBURN
PETER B. LEWIS MAYOR
Resolution No. 3502
July 11,2002
Page 2
ATTEST:
Danielle E. Daskam,
City Clerk
Daniel B. He'ld;~, '
City Attorney
Resolution No. 3502
July 11, 2002
Page 3
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
20030714002726
PACZFZC NU T~T ~AG 26.~
87/24/2993 15'21
KZNG COUNTY, ~A
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Interlocal Agreement (RES 3502) Sanitary Sewer- Swan Flats
Reference Number(s) of Documents assigned or released:
[-IAdditional reference #'s on page ~ of document
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Muckleshoot Indian Tribe
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/^
[] Assessor Tax # not yet assigned
EXHIBIT "A"
Interlocal Agreement
between the
Muckleshoot Indian Tribe and the City of Auburn
(Sanitary Sewer Service for Swan Flats)
WHEREAS,
Flats for the
WHEREAS,
conveyance
system; and
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the interlocal
Coope.r~ion Act, chapter 39.34. .of Revised Code of Washington, on the
..~'~-'~ day of, ~t.~ ,2002, by and between the CITY OF
AUBURN, a municipal corp~ation of the State of Washington (hereinafter referred to
as "Auburn"), and the MUCKLESHOOT INDIAN TRIBE, a federally recognized Indian
Tribe located upon the Muckleshoot Indian Reservation (hereinafter referred to as
"Tribe").
WITNESSETH:
the Tribe has purchased the single-family housing plat known as Swan
construction of single-family homes; and
a temporary, private sewage lift station is established to facilitate the
of the Swan Flats' wastewater into Auburn's public sanitary sewer
WHEREAS, the lift station required by the Swan Flats plat for sanitary sewer services
shall be owned, maintained, and operated by the Tribe; and
WHEREAS, once improvements have been made to the public sanitary sewer
system located along Academy Drive to facilitate gravity wastewater flow from Swan
Flats to the improved sewer line then Auburn shall bypass the private lift station and
establish the piping required to connect Swan Flats plat with Auburn's sewer system
without the use of pumps; and
WHEREAS, the property owners' responsibility to own, operate, and maintain the
sanitary sewer lift station servicing the Swan Flats plat was imposed upon the plat
and is not being imposed upon the Tribe as a special condition; and
WHEREAS, the Tribe and Auburn are willing to enter into this agreement which
clarifies the maintenance responsibilities for the existing lift station servicing the
Swan Flats plat; and
WHEREAS, the Tribe has purchased a majority of the properties within the Swan
Flats plat and desires to be the responsible party for the operation and maintenance
of the private sanitary sewer lift station in lieu of a homeowners association.
EXHIBIT "A" Resolution #3502
Muckleshoot Indian Tribe - Auburn
Interlocal Agreement - Swan Flats
Page 1 of 7
NOW, THEREFORE in consideration of their mutual covenants, conditions, and
promises, THE PARTIES HERETO DO HEREBY AGREE as follows:
1. CONDITIONS
A. Auburn shall install sanitary sewer pipe to bypass the Swan Flats lift station
concurrent with any sanitary sewer improvements done to the existing public sewer
line along Academy Drive that would facilitate gravity sewer service from Swan Flats.
B. The Tribe shall own, operate, and maintain the lift station established upon
Lot 1 of the Swan Flats plat until the gravity facilities are constructed and the pump
station is no longer required for service.
C. The Muckleshoot Indian Tribe shall post an all weather sign with a
minimum letter height of one inch that details the appropriate person and/or agency
and phone number of who to contact if the sewer lift station requires service. The
current contact information established by the Muckleshoot Indian Tribe for the
servicing of the lift station is as follows:
DEWEY MILLER
Muckleshoot Indian Tribe
Public Works
360-802-4727
After hour phone numbers and emergency contacts shall be mentioned on the sign
and supplied to Auburn 20 days prior to the effective date of this Agreement.
D. If Tribal response is delayed and the City is contacted, and a health hazard
is created due to the failure of the lift station then the City may respond to contain
and possibly correct the health situation until Tribal response is on-site. The Tribe
agrees to reimburse the City for reasonable expenses for time and materials related
to any such response.
E. No connections shall be made to Auburn's public sewer system without
first obtaining the appropriate permits from the City as established within Auburn City
Code 13.20.
F. Upon installation of the sanitary sewer bypass of the Swan Flats lift station
by the City, the Tribe shall cap the existing eight-inch PVC sewer pipe, conveying
wastewater from the City's sewer system to the lift station, at the property line to lot
one. The tribe may request that the City do this work at the time of the diversion at
no cost to the Tribe. After connection to the City gravity sewer system the Tribe may
dispose of or retain the lift station as it deems appropriate.
EXHIBIT "A" Resolution #3502
Muckleshoot Indian Tribe - Auburn
Interlocal Agreement - Swan Flats
Page 2 of 7
2, INSURANCE
The Tribe shall maintain, at a minimum, a two million liability insurance policy as of
the effective date of this agreement; the Tribe shall continue such insurance
coverage during the term of this agreement unless otherWise agreed upon by the
parties.
3, INDEMNIFICATION
A. The Tribe agrees to indemnify and hold the City and its agents, employees,
and/or officers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, loses, damages or
costs, of whatsoever kind or nature, brought against the City arising out of, in
connection with, or incident to the execution of this agreement and/or the Tribe's
performance or failure to perform any aspect of this Agreement; provided, however,
that if such claims are caused by or result from the concurrent negligence of the City,
its agents, employees, and/or officers, this indemnity provision shall be valid and
enforceable only to the extent of the negligence of the Tribe; and provided further,
that nothing herein shall require the Tribe to hold harmless or defend the City, its
agents, employees, and/or officers, from any claims arising from the sole negligence
of the City, its agents, employees, and/or officers. No liability shall attach to the City
by reason of entering this agreement except as expressly provided herein.
B. The City agrees to indemnify and hold the Tribe and its agents, employees,
and/or officers, harmless from and shall process and defend at its own expense any
and all claims, demands, suits, at law or equity, actions, penalties, loses, damages or
costs, of whatsoever king or nature, brought against the Tribe arising out of, in
connection with, or incident to the execution of this agreement and/or the City's
performance or failure to perform any aspect of this Agreement; provided, however,
that if such claims are caused by or result from the concurrent negligence of the
Tribe, its agents, employees, and/or officers, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of the City; and provided further,
that nothing herein shall require the City to hold harmless or defend the Tribe, its
agents, employees, and/or officers, from any claims arising from the sole negligence
of the Tribe, its agents, employees, and/or officers. No liability shall attach to the
Tribe by reason of entering this agreement except as expressly provided herein.
4. COMPLIANCE WITH REGULATIONS AND LAWS
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
5. DISPUTE RESOLUTION AND LIMITED WAVIER OF SOVEREIGN
IMMUNITY
A. In the event the Tribe and the City are engaged in a dispute, which relates
to this Agreement, and they are unable to resolve said dispute within ninety (90)
EXHIBIT "A" Resolution #3502
Muckleshoot Indian Tribe - Auburn
Interlocal Agreement - Swan Flats
Page 3 of 7
days, either party may request mediation of any dispute in any manner agreed upon
by the parties.
a. Mediation shall be commenced by the party requesting it by notifying
the other party in writing of its request to mediate a dispute arising between the
parties which relate to sanitary sewer and sewer related services to Swan Flats. If
the parties agree to enter into mediation within twenty (20) days from such request
the matter shall be deemed stayed and the arbitration clause continued herein shall
not be put into effect. Mediation shall continue for no more than one hundred and
twenty (120) days at which point the mediation shall be deemed failed unless the
parties have reached an agreement and have had such agreement approved by the
governing bodies. If such agreement is not approved by the governing bodies of
each respective party or is not enforceable in the United States District Court for the
Western District of Washington, the Mediation shall be deemed failed and the
unresolved issue shall be submitted to binding arbitration as set forth herein.
b. In the event the parties do not reach an agreement to mediate within
twenty (20) days of receipt of the notice requesting mediation by the non-requesting
party, the matter shall be submitted to binding arbitration as set forth herein.
c. Each party shall bear its own cost of mediation.
B. Any controversy or claim arising out of or relating to this agreement, or the
breach thereof, shall be settled by arbitration administered by the American
Arbitration Association in accordance with its applicable rules. Judgment on the
decision rendered by the arbitrator may be entered into the United States District
Court for the Western District of Washington. Each party shall bear its own costs of
arbitration.
C. The Tribe hereby waives its sovereign immunity and consents to the
jurisdiction of the United States District Court for the Western District of Washington
concerning disputed regarding the interpretation of this Agreement and the
enforcement of any rights hereunder, including other obligations or liabilities, in law or
in equity, pertaining to immunity provisions of this Agreement. Such waiver of
Sovereign Immunity and Consent to jurisdiction shall apply to no other court.
D. The Tribe agrees that the Muckleshoot Indian Tribal Court has no
jurisdiction over the force, effect, and interpretation of this Agreement, nor the
resolution of disputes that pertain to its implementation. The Tribe further agrees that
it has no authority to submit the City to the jurisdiction of the Muckleshoot Indian
Tribal Court with regards to any sewer-related matters or disputes which may arise
between the parties.
6, ASSIGNMENT
The parties shall not assign this agreement or any interest, obligation or duty therein
without the express written consent of the other party.
EXHIBIT "A" Resolution #3502
Muckleshoot Indian Tribe - Auburn
Interlocal Agreement - Swan Flats
Page 4 of 7
7. ATTORNEY'S FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with
respect to this Agreement, and in the further event that one party shall substantially
prevail in such action, the losing party shall, in addition to all other payments required
therein, pay all of the prevailing party's reasonable costs in connection with such
action, including such sums as the court or courts may adjudge reasonable as
attorney's fees in trial court and in appellate courts.
8, NOTICES
All notices between the two agencies hereunder may be delivered or mailed. If
mailed, they shall be sent to the following respective addresses:
The Muckleshoot Indian Tribe
Thomas Reber
Muckleshoot Indian Tribe
Assistant Tribal Operations Manager
Community Development
40320 Auburn Enumclaw Road
Auburn, WA 98092
Phone # 360.802.1922
Fax # 360.802.4727
The City of Auburn
Jeff Roscoe
Sanitary Sewer Engineer
Auburn Public Works
Department
25 West Main Street
Auburn WA 98001-4998
Phone # 253.931.4008
FAX # 253.931.3053
or to such other representative addresses as either party may hereafter from time
to time designate in writing. All notices and payments mailed by regular post
(including first class) shall be deemed to have been given on the second
business day following the date of mailing, if properly mailed and addressed.
Notices and payments sent by certified or registered mail shall be deemed to
have been given on the day next following the date of mailing, if properly mailed
and addressed. For all types of mail, the postmark affixed by the United States
Postal Service shall be conclusive evidence of the date of mailing.
9. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in
interest, and assigns, as part of the consideration hereof, does hereby covenant
and agree that it will comply with applicable statutes, executive orders and such
rules as are promulgated to assure that no person shall on the grounds of race,
creed, color, national origin, sex, age, or the presence of any sensory, mental or
physical handicap be discriminated against or receive discriminatory treatment by
reason thereof.
10. INTEGRATION.
This agreement constitutes the entire agreement of the parties regarding the
subject matter hereof, and there are no other representations or oral agreements
EXHIBIT "A" Resolution #3502
Muckleshoot Indian Tribe - Auburn Page 5 of 7
Interlocal Agreement - Swan Flats
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.
11. OBLIGATION INTACT,
Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or
obligations of either the Tribe or the City regarding provision of sewer service,
except as specifically set forth herein.
12, MISCELLANEOUS
A. The captions in this agreement are for convenience only and do not in
any way limit or amplify the provisions of this agreement.
B. The duration of this agreement shall be until the sanitary sewer
improvements are established that will allow the City to extend a gravity sewer
main to bypass the private lift station or for the period of time it reasonably takes
for the performance of parties as completed herein.
C. The purpose of this agreement is to clarify the Tribe's role for the
maintenance and operation of the private lift station together with the City's role
in the establishment of a gravity sewer system to serve Swan Flats.
D. The performances of the duties of the parties provided hereby shall be
done in accordance with standard operating procedures and customary practices
of the parties.
E. No provision of this agreement shall relieve either party of its public
agency obligations and/or responsibilities imposed by law.
F. If any term, provision, condition or portion of this Agreement is held to
be invalid, or unenforceable by a final decision of any court having jurisdiction on
the matter, the remaining of this Agreement or the application of such term or
provision to persons or circumstances other then those as to which it is held
invalid or unenforceable shall not be affected thereby and shall continue in full
force and effect.
G. No modifications or amendments of this agreement shall be valid or
effective unless evidenced in writing and signed by both parties.
EXHIBIT "A" Resolution #3502
Muckleshoot Indian Tribe - Auburn
Interlocal Agreement - Swan Flats
Page 6 of 7
IN WITNESS WHEREOF the parties hereto have executed this agreement as of
the day and year first above written.
MUCKLESHOOT INDIAN TRIBE
PASSED by Resolution No. 02-235 of the Muckleshoot Indian Tribe, at its special
meeting held on the 2nd day of August, 2002.
By:
~OHN DANIELS, JR., CFI:/~, R'
Date
CITY OF AUBURN
PASSED by Resolution No. 3502 of the City of Auburn, Washington, at its
regular meeting held on the 5th day of August, 2002.
By:
'~-----~__~ ~ Z '2~.--
PETER B. L Date
Attest:
Apprpved as to form:
DanielB.' Heid, OitY A'ttor'neY
EXHIBIT "A" Resolution #3502
Muckleshoot Indian Tribe - Auburn
Interlocal Agreement - Swan Flats
Page 7 of 7