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HomeMy WebLinkAbout4008 RESOLUTION NO. 4008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO TERMINATE EMERGENCY WATER SUPPLY INTERTIE AGREEMENT NO. 2 BETWEEN THE CITY OF AUBURN AND LAKEHAVEN UTILITY DISTRICT WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the City of Auburn and Lakehaven Utility District entered into Emergency Water Supply Intertie Agreement #2 in 1998; and WHEREAS, Lakehaven Utility District and City of Auburn Interlocal Agreement (Resolution No. 3652) establishing water service boundaries has been executed; and WHEREAS, portions of the Lakehaven water system have been constructed to supply water to apportion of Auburn's PAA; and WHEREAS, Auburn has evaluated water service issues and determined that it is not cost feasible to provide direct water service within its PAA above the 160-foot elevation adjacent to Lakehaven's water infrastructure; and WHEREAS, Lakehaven's delivery of water service to these areas will provide the maximum efficiency in the use of existing and future facilities and water planning; and WHEREAS, the constructed intertie facility is within the Lakehaven Utility District water service area and would need to be relocated to serve as an emergency connection; and Resolution No. 4008 April 6, 2006 Page 1 WHEREAS, if an emergency intertie is required one would be constructed at the location covered under emergency water supply agreement nO.1. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor of the City of Auburn is herewith authorized to terminate the Emergency Water Supply Intertie Agreement No. 2 between the City and Lakehaven Utility District attached hereto, marked as Exhibit "A" and incorporated herein by this reference. 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 be in full force and effect upon passage and signatures hereon. DATEDlhiSmayot t~ ,2006. CITY OF AUBURN PETER B. LEWIS MAYOR --- m~ Resolution No. 4008 April 6, 2006 Page 2 ATTEST: '\ Ala/Dr Z~Jb~~ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~, "- Daniel B. Heid, City Attorney Resolution No. 4008 April 6, 2006 Page 3 11 n r} !~J 1 I : 1 ; 1 : } . } , 1 I '. j : ~ I : I ~1 , j .1 , 1 -1 . I ~ I \ j , I " ) . EMERGENCY WATER SUPPLY AGREEMENT LakehavenlAuburn Intertie No.2 THIS AGREEMENT made and entered into by and between the City of Auburn. hereinafter referred to as City. and Lakehaven Utility District. hereinafter referred to as "District" . WITNESSETH: WHEREAS, the City has water facilities in the vicinity of a water main of the District. and WHEREAS. the City can increase fire protection reliability for its customers if water is available from the District. and WHEREAS. the District is willing to provide to the City service necessary to increase fire fighting reliability upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: ) 1. The District hereby grants to the City the right to connect a water meter and appurtenances to the end of the 8-inch water main located in a vault at the intersection of "R" Street NW on Abby Drive in King County. Washington. ------- 2. The meter described in Paragraph No.1 herein is installed to increase fire fighting reliability or emergency water supply. Water shall not be withdrawn from the supply without the prior written approval of the District. At such time the City shall state the requested time of commencement. duration of use and quantity of water to be so used. 3. The City shall comply with all District resolutions and rules relating to connection to the District's water system including. but not limited to. the District's ;written approval of plans and specifications for the connection prior to construction. 4. The City shall pay to the District the same connection fee, rates and charges and monthly service charges. except for capital facilities charge, as are established from time to time by District resolution and as are applicable to the use of a six (6)-inch meter. The current monthly service charge for a six (6)-inch meter is $238.20 per month. The current rate for water use is $ OA8/ccffor winter usage (November - June) and $ O.96/ccffor summer usage (July - October) and these rates shall be in effect until such time as the District amends its rate resolution or until a meter of different size is utilized. 5. This Agreement shall not authorize or permit the City to take water from the connection described herein beyond what is described in paragraph 2. ORIGINAL Exhibit "A", Resolution No. 2954 Word\3-EI Interloca1\Aubum Emergency Water Supply Agreement.doc dim 04/08/98 Page 1 '1 , I I . 1 -'1 , ] 6. The cost of the meter installation pursuant to this Agreement shall be fully reimbursed by the City and shall become the property of the District upon completion of installation. 7. (a.) In case of emergency or whenever the public health, safety. or the equitable distribution of water so demands, the District may change. reduce or limit the time for or temporarily discontinue the supply of water without notice; (b.) Water service may be temporarily interrupted~ limited for purposes of making repairs. extensions or doing other necessary work; and (c.) The District shall not be responsible for any damage resulting from interruption. change or failure of the water supply. and the City shall save and hold harmless the District from any loss, damages or suites to or by customers of the City resulting from interruption. change or failure of water supply provided by this Agreement. except damages arising out of the District's negligence. Prior to a planned interruption or limiting of service. the District will notify the City of such not less than three days prior to the service disruption. The District agrees to use best efforts and reasonable diligence to notify City as soon after it becomes aware of the need for service disruption and further will, to the extent practical. limit the service disruptions to daylight hours. 8. In the event of non-performance of any provision herein by the City, District may shut off water supplied pursuant to this Agreement. 9. This Agreement may be terminated by either party hereto upon 60-days written notice to the other party. IN WITNESS WHEREOF. we have hereunto set our hands and seals. CITY OF AUBURN King County. Washington BY:~II_ \l ~ {)-l, -9[> Mayor Date ~ By: City Attorney LAKEHA VEN UTILITY DISTRICT King County, Washington td By: Approv 4-(~ (Cfe Date By: ORIGINAL Word\3-Ellnterlocal\Aubum Emergency Water Supply Agreement.doc dim 04/08/98 Page 2