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RESOLUTION NO. 3 8 7 3
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 FOR THE ESTABLISHMENT OF A RIGHT
OF WAY USE PERMIT WITH PIERCE COUNTY
WHEREAS, both Auburn and Bonney Lake are agencies qualified to
engage in furnishing sanitary sewer service within their approved service areas;
and
WHEREAS, the residential development of "Fairweather Cove" is located
within an unincorporated area of Pierce County designated to be serviced with
sanitary sewer service from Bonney Lake at approximately 16th Street East and
Sumner Tapps Highway,
WHEREAS, Bonney Lake 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 Pierce
County, Washington in which Fairweather Cove is located; and
WHEREAS, Bonney Lake is in the process of completing an update
to its Comprehensive Sewer Plan and intends to thereafter apply for, and
receive, a franchise with Pierce County to enable it to provide sewer service to
that area of Pierce County in which Fairweather Cove is located; and
WHEREAS, Auburn maintains a franchise agreement with Pierce
County, dated July 8, 1996, and expiring on July 8, 2021, covering the area of
Pierce County in which Fairweather Cove is located; and
Resolution No. 3873
7/6/2005
Page 1 of 4
WHEREAS, while service through Auburn's sewer system is available,
sewer service to Fairweather Cove is more feasible through Bonney Lake's
sewer system; and
WHEREAS, Bonney Lake received a request for sewer service to
Fairweather Cove from Harbour Homes, the owner thereof, hereinafter referred
to as "Developer", in August 2001; and
WHEREAS, Bonney Lake and Auburn are pursuing a separate
agreement between them that would allow for Bonney Lake to convey
wastewater from a portion of Bonney Lake's service area into Auburn's
wastewater conveyance system for treatment and disposal in an effort to
provide for the most efficient sewer service to future customers at a reasonable
cost; and
WHEREAS, both Bonney Lake and Auburn agree that Fairweather
Cove is best served by Bonney Lake under an interlocal agreement with
Auburn; and
WHEREAS, Bonney Lake 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
Fairweather Cove; and
WHEREAS, Auburn 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, Bonney Lake is willing to accept transfer of ownership
and responsibility for operation and maintenance of the Developer's public
Resolution No. 3873
7/6/2005
Page 2 of 4
sewer improvements upon obtaining a sanitary sewer franchise from Pierce
County to serve the area in which Fairweather Cove is located.
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.
DATED and signed this
/ gjj1
.
day of July, 2005.
CITY OF AUBURN
~
PETER B. LEWIS
MAYOR
ATTEST:
~!'~.t~
Danielle E. Daskam,
City Clerk
Resolution No. 3873
7/6/2005
Page 3 of 4
Resolution No. 3873
7/6/2005
Page 4 of 4
EXHIBIT 1
AUBURN - BONNEY LAKE
INTERLOCAL AGREEMENT
For Pierce County Right of Way Permit
(Fairweather Cove)
This Agreement entered into by and between the City of Bonney Lake, a
municipal corporation of the State of Washington (hereinafter "Bonney Lake"),
and the City of Auburn, a municipal corporation of the State of Washington
(hereinafter "Auburn").
WHEREAS, both Auburn and Bonney Lake are agencies qualified to
engage in furnishing sanitary sewer service within their approved service areas;
and
WHEREAS, the residential development of "Fairweather Cove" is located
within an unincorporated area of Pierce County designated to be serviced with
sanitary sewer service from Bonney Lake at approximately 16th Street East and
Sumner Tapps Hwy.,
WHEREAS, Bonney Lake 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 Pierce County,
Washington in which Fairweather Cove is located; and
WHEREAS, Bonney Lake is in the process of completing an update to its
Comprehensive Sewer Plan and intends to thereafter apply for, and receive, a
franchise with Pierce County to enable it to provide sewer service to that area of
Pierce County in which Fairweather Cove is located; and
WHEREAS, Auburn maintains a franchise agreement with Pierce County,
dated July 8, 1996, and expiring on July 8, 2021, covering the area of Pierce
County in which Fairweather Cove is located; and
WHEREAS, while service through Auburn's sewer system is available,
sewer service to Fairweather Cove is more feasible through Bonney Lake's
sewer system; and
WHEREAS, Bonney Lake received a request for sewer service to
Fairweather Cove from Harbour Homes, the owner thereof, hereinafter referred
to as "Developer", in August 2001; and
Exhibit 1
Resolution No. 3873
Bonney Lake - Auburn Interlocal Agreement
(Fairweather Cove Development)
Page 1 of 5
WHEREAS, Bonney Lake and Auburn are pursuing a separate agreement
between them that would allow for Bonney Lake to convey wastewater from a
portion of Bonney Lake's service area into Auburn's wastewater conveyance
system for treatment and disposal in an effort to provide for the most efficient
sewer service to future customers at a reasonable cost; and
WHEREAS, both Bonney Lake and Auburn agree that Fairweather Cove
is best served by Bonney Lake under an interlocal agreement with Auburn; and
WHEREAS, Bonney Lake 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
Fairweather Cove; and
WHEREAS, Auburn 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, Bonney Lake, shall accept transfer of ownership and
responsibility for operation and maintenance of the Developer's public sewer
improvements upon obtaining a sanitary sewer franchise from Pierce County to
serve the area in which Fairweather Cove is located.
NOW, THEREFORE BE IT AGREED AS FOLLOWS:
1. Consistent with the terms of this Agreement and Auburn's sewer franchise
agreement with Pierce County, Auburn shall own, operate, and maintain, for the
period of time described herein, public sewer improvements for Fairweather
Cove, constructed pursuant to the Extension Agreement between Bonney Lake
and Developer, to the point of connection of said improvements with Auburn's
existing gravity sewer located along the Sumner Lake Tapps Hwy. Auburn shall
receive wastewater from Fairweather Cove through these improvements, and
shall provide sewer service from this point through Auburn's conveyance system
to King County's conveyance system for ultimate disposal at the King County
sewer treatment plant located in Renton, Washington.
2. Bonney Lake shall administer all aspects of the Extension Agreement,
including the construction of the sewer improvements required to serve
Fairweather Cove to Bonney Lake standards. Auburn shall have the right to
inspect and approve plans for and construction of the public sewer improvements
required to serve Fairweather Cove as necessary to comply with Auburn's sewer
franchise with Pierce County. Upon request from Bonney Lake, Auburn shall
Exhibit 1
Auburn Resolution No. 3873
Bonney Lake - Auburn Interlocal Agreement
(Fairweather Cove R/W Permit)
Page 2 of 5
apply for the R-O-W permit required from Pierce County for construction of the
Developer's public sewer improvements in Pierce County right-of-way.
3. Auburn and Bonney Lake 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 Bonney Lake's standards to facilitate compliance
with the terms and conditions of Auburn's sewer franchise with Pierce County.
Bonney Lake agrees that it shall be responsible to comply with any requirements
that may be generated if this Agreement is submitted to the Pierce County
Boundary Review Board for approval.
4. Upon Developer's completion of construction of sewer improvements and
satisfaction of all terms and conditions of the Extension Agreement Bonney Lake
shall transfer temporary ownership to Auburn, for all public sewer improvements
in Pierce County required to serve Fairweather Cove.
5. Following satisfactory completion of the sewer improvements, property
owners within Fairweather Cove may apply for connection to the sewer system
as single-family residential customers of the Bonney Lake Sewer Utility.
Connection charges, monthly rates and other charges shall be collected as
defined by the Auburn - Bonney Lake Interlocal Agreement for the Establishment
of Sanitary Sewer Service Boundaries attached hereto and incorporated herein
by this reference as Attachment B (Auburn Resolution No. 3796).
6. In consideration of the receipt of the charges referenced in paragraph 5
above, Bonney Lake agrees to provide the operation, repair and maintenance,
both ordinary and extraordinary, of the Auburn-owned public sewer
improvements for Fairweather Cove, as referenced in paragraph 4 of this
Agreement. If any such operation and maintenance triggers any of the
provisions of Auburn's sewer franchise with Pierce County, Bonney Lake shall
promptly notify Auburn. Bonney Lake shall abide by any such provisions at the
sole discretion of Auburn and at the sole cost of Bonney Lake.
7. Upon Bonney Lake's written notice to Auburn that it has secured a sewer
franchise with Pierce County for the area of Pierce County in which the
Fairweather Cove development is located, a copy of which franchise shall be
provided with the written notice to Auburn, Auburn shall, by bill of sale,
immediately thereafter transfer ownership of the facilities temporarily owned by
Auburn pursuant to this Agreement, to Bonney Lake.
8. Bonney Lake agrees to reimburse Auburn for all expenses incurred by
Auburn, including the cost of time spent by Auburn employees calculated at labor
rates used to establish Auburn's fees and charges, in connection with this
Agreement and the provision of service to Bonney Lake's customers pursuant to
the provisions herein. Auburn agrees to submit to Bonney Lake, no less than
Exhibit 1
Auburn Resolution No. 3873
Bonney Lake - Auburn Interlocal Agreement
(Fairweather Cove R/W Permit)
Page 3 of 5
annually, a statement of charges due and Bonney Lake 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. Bonney Lake and Auburn 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.
11. This Agreement constitutes the only agreement between the parties
concerning sewer service to the Fairweather Cove Development and nothing
herein shall be construed to alter the rights, responsibilities, liabilities, or
obligations of either Bonney Lake or Auburn regarding the provision of sewer
service within their respective service areas except as specifically set forth
herein.
CITY OF AUBURN
Approved by Resolution No. 3 Jl73 of the City of Auburn, Washington, at its
regular meeting held on the i J.t:!1 day of , 2005.
B'
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----
Peter . Lewis, Mayor
City of Auburn
Attest:
i}S2I~vIoA-/
Da 'elle Daskam, City Clerk
Exhibit 1
Auburn Resolution No. 3873
Bonney Lake - Auburn Interlocal Agreement
(Fairweather Cove R/W Permit)
Page 4 of 5
CITY OF BONNEY LAKE
Approved by Resolution No. { 47/ of
Washington, at its regular meeting held on the
2005.
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Attest:
Approved as to form:
~~
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Exhibit 1
Auburn Resolution No. 3873
Bonney Lake - Auburn Interlocal Agreement
(Fairweather Cove R/W Permit)
the City of
q'~
I ~ day of
Bonney
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Lake,
Page 5 of 5
ATTACHMENT IeB"
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
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
ATTACHMENT "B"
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
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
ATTACHMENT "B"
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
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.
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
""
ATTACHMENT "B"
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
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.
"f.
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
ATTACHMENT "B"
1 O. 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.
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:
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
City of Auburn
Director of Public Works
25 West Main Street
Auburn, W A 98001
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
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
ATTACHMENT "Bit
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.
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 Auburn's and Bonney Lake'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
unenforceabilUy materially interferes with or defeats the purposes hereof, at
which time Bonney Lake or Auburn 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.
IN WITNESS WHEREOF the parties hereto have executed this agreement as of the
day and year first above written.
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
ATTACHMENT "Bit
CITY OF BONNEY LAKE
Approved by Resolution No.
regular meeting held on the
of the City of Bonney Lake, Washington, at its
day of ,2005.
By:
ROBERT YOUNG,
Mayor, City of Bonney Lake
Attest:
Approved as to form:
HARWOOD T. EDVALSON
City Clerk, City of Bonney Lake
JAMES DIONNE,
City Attorney, City of Bonney Lake
CITY OF AUBURN
Approved by Resolution No. 3796, of the City of Auburn, Washington, at its
regular meeting held on the day of , 2005.
By:
PETER B. LEWIS,
Mayor, City of Auburn
Attest:
Approved as to form:
DANIEL B. HElD,
City Attorney, City of Auburn
DANIELLE DASKAM,
City Clerk, City of Auburn
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
A IT ACHMENT "B"
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::!:: 16.7 ACRES.
PARCEL NUMBER 0520081001
ATTACHMENT "A"
Page 1 of 2
Auburn - Bonney Lake Interlocal Agreement for the
Establishment of Sanitary Sewer Service Boundaries
(Fairweather Cove)
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RESOLUTION NO. 1471
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE,
PIERCE COUNTY, WASHINGTON, AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN CITY OF AUBURN AND CITY OF BONNEY LAKE
PIERCE COUNTY RIGHT OF WAY PERMIT FOR SEWER SERVICE TO
F AIRWEA THER COVE.
The City Council of the City of Bonney Lake, Washington, does hereby resolve that the
Mayor is authorized to sign the contract attached hereto and incorporated herein by this
reference.
PASSED by the City Council this 9th day of August 2005.
ATTEST:
4
APPROVED AS TO FORM:
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