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RESOLUTION NO.3 9 9 8
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT FOR SCHOOL IMPACT
FEES BETWEEN THE CITY OF AUBURN AND
FEDERAL WAY SCHOOL DISTRICT NO. 210
WHEREAS, Federal Way School District No. 210 has asked the City of
Auburn to implement a school impact fee program; and
WHEREAS, the City of Auburn adopted the Federal Way School District
No. 210 Capital Facilities Plan (2006) as a component of the Auburn
Comprehensive Plan in 2005; and
WHEREAS, the City of Auburn has adopted Chapter 19.02 of Auburn City
Code entitled "School Impact Fees"; and
WHEREAS, Auburn City Code section 19.02.040 requires, as a condition of
the City's authorization and adoption of a school impact fee ordinance, that the
City and the applicable district enter into an interlocal agreement governing the
operation of the school impact fee program and describing the relationship and
liabilities of the parties thereunder.
Resolution No. 3998
March 13, 2006
Page 1 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
SECTION 1. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute an interlocal agreement for school impact fees between the
City and Federal Way School District No. 210. 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 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives of
this legislation.
SECTION 3. This resolution shall take effect and be in full force upon
passage and signatures thereon.
DATED AND SIGNED this 2d~day of \f'V\ <YvcC-. 2006.
Peter B. Lewis, Mayor
ATTEST:
Resolution No. 3998
March 13, 2006
Page 2 of 3
A~~uf)i d1uj~~
Danielle E. Daskam, City Clerk
Resolution No. 3998
March 13, 2006
Page 3 of 3
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Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
~ II II 11111111111111
20060421001273
PACIFIC NW TIT AG 37.00
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04/21/2006 11:54
KING COUNTY, WA
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Interlocal Agreement (Resolution No. 3998)
Reference Number(s) of Documents assigned or released:
DAdditional reference #'s on page of document T..w 01.\--\
Grantor(s)/Borrower(s) (Last name first, then first name and initials)
Auburn, City of
Grantee/Assignee/Beneficiary: (Last name first)
1. Federal Way School District
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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INTERLOCAL AGREEMENT FOR SCHOOL IMPACT FEES BETWEEN CITY
OF
AUBURN AND FEDERAL WAY SCHOOL DISTRICT NO. 210
1. RECITALS
A. Pursuant to Section 19.02.040 of Chapter 19.02 of the Auburn City Code
(ACC) entitled School Impact Fees, school districts within the City of
Auburn, who have requested the collection of impact fees and who have had
a capital facilities plan adopted by the City, are authorized to enter into an
interlocal agreement containing certain provisions regarding the
administration of the school impact fee program.
B. Pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, the City of
Auburn ("the City") and Federal Way School District No. 210 ("the
District") have agreed upon the rights and responsibilities of the parties in
the collection of impact fees.
II. AGREEMENT
1. Purpose. The purpose of this Agreement is to establish a process for
the maintenance of separate fund accounts for the receipt and expenditure of
impact fees, record keeping for such accounts, submission of annual reports
by the District concerning expenditures for such accounts, and the
submission of information regarding the District's capital facilities plan.
This Agreement is intended to comply with the requirements of the City's
Impact Fee Ordinance and the provisions ofRCW 82.02.050-090
concerning the collection, expenditure, refunding, and accounting of impact
fees. Nothing in this Agreement shall excuse the District from compliance
with any obligation imposed under RCW 82.02 or under the City of Auburn
Impact Fee Ordinance, as they may be amended from time to time.
2. Organization. This Agreement does not create any separate legal or
administrative entity.
3. Duration and Termination. This Agreement shall remain in effect so long
as impact fee accounts are maintained by or on behalf of the District.
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4. Impact Fee Collection and Accounts.
4.1 The City shall collect school impact fees from applicants for
building permits and other actions as specified by Section 19.02.070
of the Impact Fee Ordinance. For each impact fee collected, the City
shall record (a) the date of collection and amount of the impact fee,
(b) the real property lot or parcel assessed the fee, and (c) the current
owner of the real property. The City shall provide the District with a
statement on a monthly basis containing the information required to
be maintained under this subsection.
4.2 So long as the District is in compliance with this Agreement, the
requirements ofRCW 82.02 and the City's Impact Fee Ordinance,
the City shall tender all impact fees collected on behalf of the
District to the District monthly. The District shall deposit all impact
fees collected and tendered under this agreement in its designated
school impact fee account and shall invest, account for and expend
impact fees in accordance with the Impact Fee Ordinance and state
law.
5. Expenditure ofImpact Fee Funds: Reports.
5.1 Subject to the provisions of this Agreement and the City's Impact
Fee Ordinance, the District shall have sole responsibility for the
expenditure of impact fee accounts in accordance with the Impact
Fee Ordinance and state law.
5.2 By December 31 of each year, pursuant to Sections 19.02.050 and
19.02.100, the District shall submit to the City a report describing
for the District's preceding fiscal year ending August 31: (a) the
source and amount of all funds in the impact fee account; (b)
expenditures from or encumbrances on the impact fee account; (c)
the facilities for which the account was expended or encumbered;
(d) the remaining unencumbered balance of the account; and (e) the
District's action on any requests for refunds and any refunds of
impact fees.'
5.3 Notwithstanding any other provision of this Agreement, the City
shall be entitled to withhold transfer of impact fees collected on
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behalf of the District if the District fails to comply in any respect
with Ch. 19.02 or RCW Chapter 82.02 and any amendments thereto
and any other applicable laws, rules or regulations.
6. Refunds.
6.1 The District shall monitor its impact fee account for the purpose of
determining whether the owners of any property for which an
impact fee has been assessed and collected are entitled to a refund
under the Impact Fee Ordinance and RCW 82.02.070-080; provided,
however, that ifthe District seeks an extension oftime to retain
unencumbered impact fees longer than 6 years, the District must
first obtain a finding from the City approving that request. If the
District determines a refund is due, it shall notify the City of the
affected property and the amount of the refund, including interest
earned on the funds and provide notice to the current owner of
property as required under Section 19.02.100 of the Impact Fee
Ordinance.
6.2 Ifthe City receives a request for a refund from a property owner,
including any requests received from persons that have not
commenced or completed construction of development activity
subject to the Impact Fee Ordinance, it shall refer the request to the
District for review and comment, including a calculation of the
amount of the refund and interest. The District shall notify the City
of the action taken on the request. If the City terminates the school
impact fee program, it shall administer the refunding of any
unencumbered or unexpended funds at the time of the termination.
7. Termination. The District may terminate participation in this Agreement
whenever it ceases to have impact fees collected on its behalf and no funds
are retained in its impact fee account. If the City terminates its school
impact fee requirements pursuant to Auburn Code Chapter 19.02 as it may
be amended from time to time, then this Agreement shall terminate once the
obligations remaining under it have been met. The parties do not anticipate
the acquisition of property or other assets that would be required to be
distributed to the parties upon termination of this Agreement.
8. Effective Date and Filing. Pursuant to RCW 34.04.040, this Agreement
shall become effective after approval by the City and the District. The
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approved Agreement shall be filed with the King County Auditor and the
District's Board Secretary.
9. Capital Facilities Plan. Pursuant to ACC 19.02.050, as it may be
amended from time to time, the District shall maintain and update its
Capital Facilities Plan and ensure that it meets the requirements ofRCW
Chapter 82.02 and all other applicable requirements to support an impact
fee program. On or before June 1 of each year, the District shall submit its
plan and/or any proposed amendments to the City for adoption as part of the
City's Comprehensive Plan. The Plan and/or Plan amendments submitted by
the District shall have been prepared and adopted by the District in
accordance with all applicable requirements, including those for public
notice and participation. They shall also contain all information required
under the City's Impact Fee Ordinance.
10. Indemnification. The District shall indemnify, defend, and hold
harmless the City, its employees, officials and agents against any and all
claims, demands and lawsuits, and shall pay all costs and attorney's fees
incurred in the defense thereof, for any damages arising from or relating to
the District's performance of or failure to perform its obligations under this
ACC Chapter 19.02, RCW Chapter 82.02 or other applicable laws
concerning the adoption, administration or implementation of the City's
school impact fee program. District agrees to indemnify and hold City
harmless in defense of the school impact fee ordinance to the extent of
challenges to the ordinance's constitutionality or a challenge to the
underlying District required plans or policies including but not limited to
the District Capital Facilities Plan, except any procedural due process
challenges or challenges to the adopting process of the impact fee ordinance
or amendments thereto. The District shall not, by this provision, be required
to indemnify, defend or hold harmless the City for any loss or damage, or
cost incurred in defense, which arises out of claims, demands or lawsuits
relating to the negligence where the indemnification, defense or hold
harmless agreement is not permitted under state law. Further, the District
shall not, by this provision, be required to indemnify, defend or hold
harmless the City for any loss or damage, or cost included in defense, which
arises out of claims, demands and lawsuits resulting from the City's
negligence in carrying out ministerial acts (accounting functions) required
under ACC 19.02.
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IN WITNESS WHEREOF, the parties have executed this Agreement on the
~ ~. day of /UtJVC ,2006.
CITY OF AUBURN
By:
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Its: Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
By:
City Attorney
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FEDERAL WAY SCHOOL DISTRICT
NO. 210
By: 7'Yt ~
Its: Superintendent