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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
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Resolution No. 4008
April 6, 2006
Page 2
ATTEST:
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Ala/Dr Z~Jb~~
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
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Daniel B. Heid,
City Attorney
Resolution No. 4008
April 6, 2006
Page 3
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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:
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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.
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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
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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
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By:
City Attorney
LAKEHA VEN UTILITY DISTRICT
King County, Washington
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By:
Approv
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Date
By:
ORIGINAL
Word\3-Ellnterlocal\Aubum Emergency Water Supply Agreement.doc dim 04/08/98
Page 2