Loading...
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: ~' 1 .~ ~ ~ ~~~r~ 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 i,~ ~1~~ 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 ---------------------------------------------------------------------------- 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 ~ r i~ ~~~ 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. __~ By: ~, ._._.~ ____- ~ ~ ~' 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• 'J r f NIEL B. HEID, City Attorney, City of Auburn Algona -Auburn Interlocal Agreement for the Establishment of Sanitary Sewer Service Boundaries Page 6 of 6 i T w ii i 1 ~ ;, `. Exhibit 1 Resolution ~5 ~`~ o Page 7 of 7 3751fio-0713 375180-0715 375180-0717 375180-0719 ~~-^~_ 375160-0721 375180-0723 375160-0725 t P` 232104-9039 ~, ~" - 1811 W VN1tY MW S R } I i 9 1 ~+~ 1 1 1 ,j i i i t t 375180-0727 ~_ f 375160-0731 ~ ~ ! I [~ E 15'^ ST 1 I ;, ;; _ ~ ~ ;; ~~ i~ ~ f ;~ '; ~ ~ i a .. v ~ j : EXHIBIT "A" Auburn's Sewer Service Area to be Transferred to Algona SE ;;: /'~~ ~' ~/ fr t j~~ --- _____ M~=-r-="~ -- - ~- - EDGE OF PAVEMENT SEWER ---- -- PARCEL/ROW LINE PAG E CPfY LIMITS 1 Of 1