HomeMy WebLinkAbout3589RESOLUTION NO. 3589
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT ESTABLISHING SANITARY
SEWER SERVICE BOUNDARIES BETWEEN THE CITY
OF AUBURN AND THE CITY OF ALGONA
WHEREAS, pursuant to RCW 35A.11.040 Auburn and Algona have the
legal authority to exercise their powers and perform -any of their functions as set
forth in RCW 39.34; and
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act,
Auburn and Algona have the legal authority to cooperate with other localities on
the basis of mutual advantage and provision of services; and
WHEREAS, pursuant to RCW 35A.21.150 Auburn and Algona have the
legal authority to maintain a sewerage system.
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 Interlocal Agreement establishing sanitary sewer
service boundaries between the City of Auburn and the City of Algona in the
Resolution No. 3589
March 19, 2003
Page 1
form substantially as the agreement attached hereto, marked as Exhibit "1" and
incorporated herein by this reference.
Section 2. That the Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 3. That this resolution shall be in full force and effect upon
passage and signatures hereon.
~- //
DATED this/~" day of C.~. ~ , 2003.
AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
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D ielle E. Daskam, City Clerk
APPROVED FORM:
iel B. id, City Attorney - _
---------------------------
Resolution No. 3589
March 19, 2003
Page 2
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
~ 2~(r ~~~ ~~`~fi
Interlocal Agreement (RES 3589) Sanitary Sewer Boundaries
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Reference Number(s) of Documents assigned or released:
^Additional 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. Algona, City of ti ,r,a ~ ~~; u. ~, ~.~,; K~~: ~; ~~~
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
PER RCW 39.34
^ Additional legal is on page of document.
4ssessor's Property Tax Parcel/Account Number
N/A
] Assessor Tax # not yet assigned
EXHIBIT 1
INTERLOCAL AGREEMENT
between
CITY OF ALGONA and CITY OF AUBURN
for the
THE ESTABLISHMENT OF SANITARY
SEWER SERVICE BOUNDARIES
~~ -,
THIS AGREEMENT, made and entered into this ~~ day of <.~ ~ tom, , 2003,
by and between the CITY OF ALGONA, a Washington mu icipal corporation
(hereinafter referred to as "Algona"), and the CITY OF AUBURN, a Washington
municipal corporation, (hereinafter referred to as "Auburn"), both being duly
organized and existing under and by virtue of the laws of the State of Washington,
WITNESSETH:
WHEREAS, pursuant to RCW 35A.11.040 Auburn and Algona have the legal
authority to exercise their powers and perform any of their functions as set forth in
RCW 39.34; and
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn
and Algona have the legal authority to cooperate with other localities on the basis of
mutual advantage and provision of services; and
WHEREAS, pursuant to RCW 35A.21.150 Auburn and Algona have the legal
authority to maintain a sewerage system; and
WHEREAS, the parties recognize the responsibility of public sanitary sewer
utilities to provide efficient and reliable service to their customers at reasonable cost;
and
WHEREAS, portions of the Algona sanitary sewer system have been sized
and are situated so as to be capable of affording sewer service to a portion of the
Auburn Sanitary Sewer Service Area; and
WHEREAS, Auburn has evaluated and determined it is in Auburn's best
interest to allow Algona to provide sewer service to property within Auburn's
municipal boundary that lies adjacent to Algona's sanitary sewer infrastructure; and
WHEREAS, Algona has sufficient capacity within their sanitary sewer facilities
to support these adjustments to the existing sewer service areas; and
EXhlblt 1 Algona -Auburn Interlocal Agreement for the
Resolution No. 3589 Establishment of sanitary, Sewer Service Boundaries
Page 1 of 7 Page 1 of 6
WHEREAS, the parties desire to allow Algona to construct, reconstruct, repair
and maintain sewer facilities, and to authorize connections to Algona's sewer system
for service to the areas noted in Exhibit A; .and
WHEREAS, Algona's delivery of sewer service to these areas will provide the
maximum efficiency in the use of existing and future facilities, together with orderly
and efficient sanitary sewer planning.
NOW, THEREFORE:
IT IS HEREBY AGREED by and between the parties hereto as follows:
1. Sewer Service Area. The parties have agreed to adjust their sewer service
area boundary between them. The area to be adjusted is graphically depicted on the
map attached hereto as Exhibit "A", which is by this reference incorporated herein.
Exhibit "A" represents an increase in Algona's sewer service area and a decrease in
Auburn's current sewer service area. Both parties further agree that Algona, in
providing sewer service to the additional areas as shown on Exhibit "A", shall be
furnishing sewer service to properties within Auburn's water service area and
Auburn's municipal jurisdiction in accordance with and subject to the terms and
conditions of this Agreement.
2. Management, Regulation and Control of Sewer System. Algona shall have
the sole responsibility and authority to construct, maintain, manage, conduct and
operate its sewerage system as installed within the areas described in Exhibit "A",
together with any additions, extensions and betterments thereto. Algona shall also
be responsible for obtaining all necessary governmental franchises, approvals,
easements and permits for the installation, maintenance, and operation of said
sewerage systems as described above.
3. Rates, Charges, Permits, and Billing Responsibilities. Through this
Agreement Auburn is turning over the responsibility to own, operate, and maintain the
sanitary sewer system including private side sewers within the public right of way to
Algona. Algona shall be the responsible agency to issue sewer certificates of
availability for any development located within the area described by Exhibit "A".
No connection or modification shall be made to Algona's sanitary sewer system and
or private side sewer services connected to Algona's sewer system unless the
property owner first pays the associated fees and submits the proper information to
obtain an Algona sanitary sewer permit. Sanitary sewer permits shall be subject to
inspection and approval for compliance with Algona's Sanitary Sewer Standards as
adopted at the time the connection is made.
The rates charged to Algona's sanitary sewer customers shall be fixed, altered,
regulated and controlled by Algona pursuant to all applicable laws or regulations
EXhlblt 1 Algona -Auburn Interlocal Agreement for the
Resolution No. 3589 Establishment of Sanitary Sewer Service Boundaries
Page 2 of 7 Page 2 of 6
promulgated on the subject of rates and charges for sewer service. No surcharge
shall be charged to the customers served under this agreement on the sole basis that
those customers are outside of Algona's city limits.
To establish a quantitative usage, Algona shall manually read Auburn's water meters
servicing those properties described in Exhibit "A". Algona shall also have the ability
to annually request water usage data from Auburn for said properties.
4. Boundary Review Board. In the event that implementation of the terms
hereof results in permanent sewer service to areas that will be outside the respective
service boundaries of Algona or Auburn, the parties will at the time of such service
jointly seek approval of the King County Boundary Review Board in accordance with
R.C.W. 36.93.090.
5. Comprehensive Sewer Planning. The terms of this Agreement will be
included as an element of Auburn and Algona's Comprehensive Sewerage Plans.
6. Reliance. Each party hereto acknowledges that the other will rely upon the
terms of this agreement in its comprehensive planning to meet the needs of the
service area designated herein.
7. Indemnification. Algona agrees to indemnify and hold Auburn 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 Auburn
arising out of, in connection with, or incident to the execution of this agreement
and/or Algona'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 Auburn, its agents, employees, and/or officers, this indemnity provision
shall be valid and enforceable only to the extent of the negligence of Algona; and
provided further, that nothing herein shall require Algona to hold harmless or defend
Auburn, its agents, employees, and/or officers, from any claims arising from the sole
negligence of Auburn, its agents, employees, and/or officers. No liability shall attach
to Auburn by reason of entering this agreement except as expressly provided herein.
Auburn agrees to indemnify and hold Algona 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 Algona arising out of, in connection
with, or incident to the execution of this agreement and/or Auburn'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 Algona, its agents,
employees, and/or officers, this indemnity provision shall be valid and enforceable
only to the extent of the negligence of Auburn; and provided further, that nothing
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Exhibit 1 Algona -Auburn Interlocal Agreement for the
Resolution NO. 3589 Establishment of Sanitary Sewer Service Boundaries
Page 3 Of 7 Page 3 of 6
herein shall require Auburn to hold harmless or defend Algona, its agents,
employees, and/or officers, from any claims arising from the sole negligence of
Algona, its agents, employees, and/or officers. No liability shall attach to Algona by
reason of entering this agreement except as expressly provided herein.
8. Assignment. The parties shall not assign this agreement or any interest,
obligation or duty therein without the express written consent of the other party.
9. 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.
10. Government Approvals. The parties will give notice of the adoption of this
Agreement to King County's Department of Natural Resources -Wastewater
Treatment Division, to the Department of Health, and to any other agency with
jurisdiction or mission relevant to the terms hereof, and shall cooperate and assist in
all reasonable manner in procuring any necessary approvals hereof by those
agencies.
11. Service Amendments. Any changes to the service areas described herein
shall be by mutual agreement. Each party may give permission to the other on a
case-by-case basis to provide service by one party into the other party's adjacent or
nearby service area based upon considerations of economic efficiency for providing
the service with mutual consent of Auburn's Director of Public Works and Algona's
Director of Public Works.
12. Notices. All notices between the two agencies hereunder may be delivered or
mailed. If mailed, they shall be sent to the following respective addresses:
City of Algona
Director of Public Works
402 Wards Street
Algona, WA 98001
253-833-2741
City of Auburn
Director of Public Works
25 west Main Street
Auburn, WA 98001
253-931-3010
or to such other representative 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
Exhibit 1 Algona -Auburn Interlocal Agreement for the
Resolution No. 3589 ~ Establishment of Sanitary Sewer Service Boundaries
P1ge 4 Of 7 Page 4 of 6
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.
13. Alteration, Amendment or Modification. Algona and Auburn hereby reserve
the right to alter, amend or modify the terms and conditions of this Agreement upon
written agreement of both parties to such alteration, amendment or modification.
Such written consent(s) shall be filed with this agreement for future reference.
14. Sanctity of Agreement. This agreement constitutes the entire agreement of
the parties regarding the subject matter hereof, and there are no other
representations or oral agreements 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.
15. Obligation Intact. Nothing herein shall be construed to alter the rights,
responsibilities, liabilities, or obligations of either Algona or Auburn regarding
provision of sewer service, except as specifically set forth herein.
16. 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. This agreement is established in perpetuity. Modifications can be
established upon written agreement between both parties.
C. The purpose of this agreement is to clarify Algona's and Auburn's
sanitary sewer responsibilities for providing service and maintaining public
sewer facilities.
D. 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, unless such court determines that invalidity or
unenforceability materially interferes with or defeats the purposes hereof, at
which time Auburn or Algona shall have the right to terminate the Agreement.
E. No modifications or amendments of this agreement shall be valid or
effective unless evidenced by an agreement in writing signed by both parties.
Exhibit 1 Algona -Auburn Interlocal Agreement for the
Resolution No. 3589 Establishment of Sanitary Sewer Service Boundaries
Page 5 of 7 Page 5 of 6
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the
day and year first above written.
CITY OF ALGONA
Approved by Resolution No. 1~~~~J~ of the City of Algona, Washington, at its
regular meeting held on the `.+ day of --~-~-~`' , 2003.
By:
GLENN WILSON,
Mayor, City of Algona
Approved as to form:
City Clerk, City
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GEORGE K LLEY,
City Attorney, City of Algona
CITY OF AUBURN
Approved by Resolution No. ~~.5 ~~, of the City of Auburn, Washington, .at its
regular meeting held on the :~'1 ~~ day of ~ _, 2003.
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By:
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PETER B. LEWIS,
Mayor, City of Auburn
Attest:
.~~~
DANIELLE DASKAM,
City Clerk, City of Auburn
Exhibit 1
Resolution No. 3589
Page 6 of 7
Approved~a~ orm•
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NIEL B. HEID,
City Attorney, City of Auburn
Algona -Auburn Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
Page 6 of 6
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EXHIBIT "A"
Auburn's Sewer Service Area to be
Transferred to Algona
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