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200511100193 14 PGS
11-10-2005 10:49am $0 00
PIERCE COUNTY. WASHINGTON
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):
Interlocal Agreement (Resolution No. 3796)
Reference Number(s) of Documents assigned or released:
DAdditional 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. Bonney Lake, City of
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
PER RCW 39.34
D Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
N/A
o Assessor Tax # not yet assigned
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RESOLUTION NO. 3 7 9 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT
WITH THE CITY OF BONNEY LAKE TO PROVIDE
SANITARY SEWER SERVICE FROM AUBURN TO
PROPERTY LOCATED WITHIN BONNEY LAKE'S
SANITARY SEWER SERVICE AREA
WHEREAS, pursuant to RCW 35A.11.040 Bonney Lake and Auburn
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,
Bonney Lake and Auburn 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 Bonney Lake and Auburn
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 Auburn sanitary sewer system are sized and
are situated so as to be capable of affording sewer service to a portion of the
Bonney Lake Sanitary Sewer Service Area; and
Resolution No. 3796
March 14, 2005
Page 1
WHEREAS, Bonney Lake has evaluated and determined it is in Bonney
Lake's best interest to establish this Agreement allowing Aubum to provide
sewer service to property within Bonney Lake's sanitary sewer service area that
lies in the vicinity of Auburn's sanitary sewer infrastructure; and
WHEREAS, Auburn'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, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Interlocal
Agreement with the City of Bonney Lake in substantial conformity with the
agreement attached hereto, marked as Exhibit "1" and incorporated herein by
this reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Resolution No. 3796
March 14, 2005
Page 2
Dated and Signed this lt~ day of hy~ \ , 2005.
CITY OF AUBURN
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PET R B. L~WIS ~
MAYOR
ATTEST:
JJa~~~
, Danielle E. Daskam,
City Clerk
APPROVED
/
/
TO FORM:
Resolution No. 3796
March 14, 2005
Page 3
EXHIBIT 1
INTERLOCAL AGREEMENT
between
CITY OF AUBURN and CITY OF BONNEY LAKE
for the
THE ESTABLISHMENT OF SANITARY
SEWER SERVICE BOUNDARIES
(Fairweather Cove)
THIS AGREEMENT, made and entered into by and between the CITY OF AUBURN,
a Washington municipal corporation (hereinafter referred to as "Auburn"), and the
CITY OF BONNEY LAKE, a Washington municipal corporation, (hereinafter referred
to as "Bonney Lake"), 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 Bonney Lake and Auburn 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, Bonney
Lake and Auburn 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 Bonney Lake and Auburn 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 Auburn sanitary sewer system have been sized
and are situated so as to be capable of affording sewer service to a portion of the
Bonney Lake Sanitary Sewer Service Area; and
WHEREAS, Bonney Lake has evaluated and determined it is in Bonney
Lake's best interest to establish this Agreement allowing property located within
Bonney Lake's sewer service area and designated within Pierce County's Urban
Growth Area (CUGA), to connect into Auburn's public sanitary sewer facilities; and
WHEREAS, Auburn recognizes the negative impacts septic tanks can have on
water quality and the quality of life within and around Lake Tapps; and
Exhibit 1
Resolution No. 3796
Page 1 of 9
Auburn - Bonney Lake Interlocal Agreementfor the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
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WHEREAS, Auburn has sufficient wastewater conveyance capacity within
their sanitary sewer facilities to support these adjustments to the existing sewer
service areas; and
WHEREAS, Auburn'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 that Auburn will provide
sanitary sewer service to Bonney Lake for a portion of Bonney Lake's sanitary sewer
service area as graphically depicted on the map and legally described as Attachment
"A", attached hereto, which is by this reference incorporated herein. Attachment "A"
represents Bonney Lake's sewer service area that Bonney Lake has negotiated with
Auburn for wastewater conveyance and treatment via Auburn and King County
facilities. The actual sewer service provider to the area depicted within Attachment
"A" shall remain Bonney Lake. Both parties further agree that Auburn and Bonney
Lake shall be subject to the terms and conditions of this Agreement.
2. Management, Regulation and Control of Sewer System. Auburn shall
have the sole responsibility and authority to construct, maintain, manage, conduct
and operate its sewerage system as installed within Auburn's sanitary sewer service
area. Auburn shall be responsible for obtaining and maintaining a franchise from
Pierce County for Auburn facilities located in Pierce County right of way.
Bonney Lake shall have the sole responsibility and authority for those facilities that
extend outside of the public right of way within the region depicted within Attachment
"A". Bonney Lake shall be responsible for obtaining and maintaining a franchise from
Pierce County for Bonney Lake facilities located in Pierce County right of way.
Bonney Lake shall be responsible for the issuance of side sewer permits and the
inspection of facilities located upon private property. Certificates of sewer availability
shall be issued from Auburn to Bonney Lake. Bonney Lake shall be responsible for
ensuring the conditions of these certificates are met.
3. Rates, Charges, Permits, and Billing Responsibilities. Auburn rates and
connection charges (system development charges) shall be billed from Auburn to
Bonney Lake in accordance with existing Auburn City Code at the time of service.
Bonney Lake shall provide Auburn with the appropriate information so that accurate
billings can be established. Auburn and King County shall have the authority to visit
sites, upon threat of termination of service, to verify information provided by the
property owner and/or Bonney Lake is accurate. King County's capacity charge shall
be billed to the property seeking service directly from King County. Bonney Lake
may elect to pay the King County capacity charge directly to King County and collect
Exhibit 1
Resolution No. 3796
Page 2 of 9
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
the costs with the price of the Bonney Lake permit. Auburn shall issue permits to
Bonney Lake prior to Bonney Lake's issuing of permits to the property owners.
Neither Auburn nor this agreement governs Bonney Lake's rates and fees to be
charged to the property owner for the appropriate Bonney Lake side sewer permit.
For Commercial establishments, no additional connections or modification to existing
facilities shall be made that would alter the number of plumbing fixtures in the
facilities that convey wastewater to Auburn, unless the property owner first pays the
associated fees and submits the proper information to obtain a Bonney Lake sanitary
sewer permit. Bonney Lake shall in turn seek an Auburn side sewer permit.
Sanitary sewer permits shall be subject to inspection and approval by Bonney Lake.
Bonney Lake shall ensure that compliance with Auburn's Sanitary Sewer Standards,
as adopted at the time the connection, is made. With this agreement Bonney Lake is
providing Auburn with the right to manually read Bonney Lake's water meters for the
properties described in Attachment "A"; however, if requested by Auburn, Bonney
Lake shall provide water usage information.
The rates and fees charged to Auburn's sanitary sewer customers shall be fixed,
altered, regulated and controlled by Auburn pursuant to all applicable laws and
regulations 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 Auburn's city limits.
Auburn shall send bills for sanitary sewer service from said property to Bonney
Lake's Finance department once every two months.
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 Auburn or Bonney Lake, the parties will at the time of such
service jointly seek approval of the Pierce 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 Bonney Lake and Auburn'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. Auburn agrees to indemnify and hold Bonney Lake 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
Bonney Lake arising out of, in connection with, or incident to the execution of this
Exhibit 1
Resolution No. 3796
Page 3 of 9
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
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 Bonney Lake, 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 herein shall require Auburn
to hold harmless or defend Bonney Lake, its agents, employees, and/or officers, from
any claims arising from the sole negligence of Bonney Lake, its agents, employees,
and/or officers. No liability shall attach to Bonney Lake by reason of entering this
agreement except as expressly provided herein.
Bonney Lake 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 Bonney Lake'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 Bonney Lake; and provided
further, that nothing herein shall require Bonney Lake 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.
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 Pierce County 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.
Exhibit 1
Resolution No. 3796
Page 4 of 9
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
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 Bonney Lake's Director of Public Works and
Auburn'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 Auburn
Director of Public Works
25 West Main Street
Auburn, W A 98001
253-931-3010
City of Bonney Lake
Director of Public Works
PO Box 7380
19306 Bonney Lake Blvd
Bonney Lake, W A 98390
253-862-8602
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
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. Auburn and Bonney Lake 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 Auburn or Bonney Lake regarding
provision of sewer service, except as specifically set forth herein.
Exhibit 1
Resolution No. 3796
Page 5 of 9
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
CITY OF AUBURN
Approved by Resolution No. 3796, of the City of Auburn, Washington, at its
regular meeting held on the t.\-~" day of ~v ~ \ ,2005.
PETER B. LEWIS,
Mayor, City of Auburn
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Attest:
Approved as to form:
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DAN LLE DASKAM,
City Clerk, City of Auburn
Exhibit 1
Resolution No. 3796
Page 7 of 9
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
ATTACHMENT "A"
Legal Description
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
AND THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 20 NORTH, RANGE 5 EAST, LYING
EASTERLY OF SUMNER TAPPS HIGHWAY, SOUTHERLY OF NORTH TAPPS ROAD
(16TH STREET EAST (FOREST CANYON ROAD)); EASTERLY OF THE PLAT OF
LAKE TAPPS TACOMA POINT ADDITION, ACCORDING TO PLAT RECORDED IN
BOOK 17 OF PLATS AT PAGES 1 TO 8, INCLUSIVE, AND NORTHERLY OF THE
INTAKE CANAL TO LAKE TAPPS, IN PIERCE COUNTY, WASHINGTON. EXCEPT
THAT PORTION LYING WITHIN LAKE TAPPS.
AREA DESCRIBED IS APPROXIMATELY :i: 16.7 ACRES.
PARCEL NUMBER 0520081001
ATTACHMENT "A"
Page 1 of 2
Exhibit 1
Resolution No. 3796
Page 8 of 9
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
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