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HomeMy WebLinkAbout2795 r 081 WAAL 1 RESOLUTION NO 2 7 9 5 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A 4 FACILITIES ACQUISITION AGREEMENT BETWEEN THE CITY AND 5 METROPOLITAN KING COUNTY TO ALLOW THE CITY TO TRANSFER INTEREST IN THE WEST VALLEY INTERCEPTOR SEWER, THE LAKELAND 6 HILLS PUMP STATION AND THE LAKELAND HILLS FORCE MAIN TO METROPOLITAN KING COUNTY 7 8 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 9 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 10 11 Section 1 The Mayor and City Clerk of the City of 12 Auburn, Washington, are hereby authorized to enter into a 13 Facilities Acquisition Agreement between the City and 14 Metropolitan King County to allow the City to transfer 15 interest in the West Valley Interceptor Sewer, the Lakeland 16 17 Hills Pump Station and the Lakeland Hills Force Main to 18 Metropolitan King County A copy of the Agreement is attached 19 hereto, designated as Exhibit "A" and incorporated by 20 reference in this Resolution 21 22 Section 2 . It is anticipated that there may be minor, 23 non-substantive changes to Exhibit "A" , which may be 24 administratively approved 25 26 Resolution No 2795 December 5, 1996 Page 1 1 Section 3 . The Mayor is hereby authorized to implement 2 such administrative procedures as may be necessary to carry 3 4 out the directives of this legislation 5 DATED and SIGNED this 16th day of December, 1996 6 7 8 CITY OF AUBURN 9 10 11 cares 4_6 12 CHARLES A BOOTH MAYOR 13 ATTEST 14 15 i N tl t 42C1- 7 /h c( 16 Robin Wohlhueter, 17 City Clerk 18 19 20 APPROVED AS TO FORM 21 22 I I I • Michael J Reynolds , 23 City Attorney 24 25 26 Resolution No 2795 December 5, 1996 Page 2 ORui94L CITY OF AUBURN and KING COUNTY for FACILITIES ACQUISITION AGREEMENT THIS AGREEMENT, is made as of the f J Et day of da f6.1.,4.7 , 199 , between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "Auburn", and Metropolitan King County, a political subdivision of the State of Washington, hereinafter referred to as 'the County" WITNESSETH. WHEREAS, Auburn and the Municipality of Metropolitan Seattle (Metro), predecessor to the County, have entered into an Agreement for Sewage Disposal dated March 1 1974 as amended, hereinafter referred to as the `Basic Agreement", and WHEREAS, pursuant to the Basic Agreement, Metro constructed certain metropolitan sewage facilities to serve Auburn and the Basic Agreement further obligates Metro (now the County) to construct additional metropolitan sewage facilities at Auburn's request when such construction is feasible under the test of feasibility then generally applied to all extensions of the metropolitan sewage system; and WHEREAS, in lieu of requesting such construction by Metro Auburn has, in certain circumstances, constructed facilities to serve as metropolitan sewage facilities in accordance with Metro's Comprehensive Plan and now desires to convey those facilities to the County; and WHEREAS, the County's acquisition of those facilities is subject to the aforementioned test of feasibility which, in part, is intended to ensure that the County's ratepayers are not unduly burdened with the cost of said facilities; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows. ection 1 Definitions. The defined terms used in this Agreement shall have the meanings set forth in the Basic Agreement. December 4, 1996 i EXHIBIT "A" - RESOLUTION NO 2795 ADOPTED DECEMBER 16, 1996 Section 2,. Coev-yance to the Cou tv Auburn shall convey to the County the West Valley Interceptor sewer (from 29th St. NW to 500 feet southerly of Main St.); and the Lakeland Hills Pumping Station (at 2,500 feet easterly of A St. and 200 feet southerly of the White River); and the Lakeland Hills Force Main (from the Lakeland Hills Pumping Station to 15th St. SW and the UP Railroad); all as indicated on Exhibit A, Facilities Conveyance, attached hereto, together with the right-of-way necessary therefor free and clear of all liens or encumbrances and subject only to the obligation of the County to reimburse Auburn as provided in Section 3 From and after the time of the initial reimbursement payment the County shall have the sole responsibility to operate, maintain, repair and replace the facilities described in this Section 2. Section 3 Reimbursement of the City Costs incurred to construct the facilities identified in Section 2 are shown on Exhibit B Reimbursement Schedule, attached hereto, and shall be paid back to Auburn in the manner described in this Section 3 For each 50 residential customers or residential customer equivalents in the natural drainage basins, shown on Exhibit C, Service Areas, attached hereto, served by the facilities that are or become connected to the facilities, the County shall pay the City $22.500 Said payments shall be made by the County until the total amount of Auburn's project costs, $3,836,230 shall have been reimbursed. Project costs eligible for reimbursement shall include construction cost, sales tax, property restoration costs, engineering design and construction inspection costs. Eligible project costs shall not include damage claim costs incident to construction of the facilities or interest. The amount of reimbursement shall be reduced by the amount of any State or Federal grants received by Auburn for construction of the facilities. ec[ a is greement Unchanged- Auburn shall comply with all provisions of the Basic Agreement without qualifications or condition by reason of any provision or interpretation of this Agreement, it being the intention of the parties that the Basic Agreement shall not be affected or modified hereby December a, 1996 ,_ EXHIBIT "A" - RESOLUTION NO 2795 ADOPTED DECEMBER 16, 1996 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. King County City of Auburn gm,m§m c Director Mayor Department of Natural Resources Attest: Attest: (74_447 ?C./ taelm-- .proved as to form. k REF H:\dth\assign\smith\faa4.doc EXHIBIT "A" - RESOLUTION NO 2795 December 4, 1996 3 ADOPTED DECEMBER 16, 1996 CITY OF AUBURN and KING COUNTY FACILITIES ACQUISITION AGREEMENT Exhibit B Reimbursement Schedule Facility Total Future Current Reimbursement Reimbursement Reimbursement Due Ellingson Lift Station (1) $ 37 445 $ - $ 37 445 West Valley Interceptor (2) $ 1 198,980 $ _ $ 1 198,980 Lakeland Hills Pump Station (3) $ 1 111 030 $ 911 030 $ 200,000 Lakeland Hills Force Main (3) $ 1 741,220 $ 1 512,370 $ 228,850 Metro Credit for connection (4) to Metro Line $ (215,000) $ $ (215,000) 3 3 873,675 $ 2,423,400 $ 1 450,275 (1) Reimbursement per Basic Agreement. (2) Reimbursement area West Valley Service Area and Ellingson Service Area. (3) Reimbursement area Lakeland Service Area (4) Credit based on cost to construct 780 feet of 24-inch sewer RESOLUTION NO 2795 ADOPTED DECEMBER 16, 1996 EXHIBITB.XLS, Sheet! Page 1 12/3/96 (nor CHARLES A. BOOTH,MAYOR '�•)i� AUBURN CITY CLERK Robin Wohlhueter,City Clcrk 25 West Main, Auburn,WA 98001 Dani Daskam, Deputy City Clerk AllbUrn Cily Clerk3)(913513)3911;0173(F)319x. Tamie Bothell, Records/License Clerk Business Registrttion:(25 .(253)288-3132 Shing, STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2795 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2795 " I certify that said Resolution No 2795 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 16th day of December, 1996 Witness my hand and the seal of the City of Auburn this 20th day of October, 1997 Danielle Daskam, City Clerk City of Auburn CHAR!FS A.BOOTH,MAYOR AUBURN CITY CLERK Robin Wohlhueter,City Clerk Allb r 25 West Main, Auburn,WA 98001 Dam Daskam, Deputy City Clerk �� l� City Clerk:(253)931 3039 Tame Bothell, Records/LicenseClerk Business Registration:(253)931 3007 Fax 1253)288 3132 ashine STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2795 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2795 " I certify that said Resolution No 2795 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 16th day of December, 1996 Witness my hand and the seal of the City of Auburn this 20th day of October, 1997 Danielle Daskam, City Clerk City-of Auburn King County — — Wastewater Treatment Division - Department of Natural Resources 821 Second Avenue Seattle,WA 98104-1598 OCT2U1997 February 25 1997 C'7 Y of AUBURN CITY- CLERKS OFFICE Mr.Dwight Holobaugh t C 1VV Public Works Department City of Auburn 25 West Main Street Auburn, Washington 98001-4998 Dear Mr. Holobaugh: Enclosed for City of Auburn records is a fully executed copy of the Facilities Acquisition Agreement dated February 21, 1997 In a recent discussion about implementation of the provisions of this agreement,you and I agreed that the city would continue to operate the Lakeland Hills Pumping Station at its expense for the remainder of 1997 We also expressed our mutual intent to negotiate an agreement whereby the city would operate and maintain this pumping station on behalf of King County after 1997 subject to reimbursment by the county of reasonably incurred costs. Please contact me at 684-1266 if you have any questions. Very truly yours, Ro ed.N. Hirsch Local Agency Affairs Administrator Enclosure CLEAN WATER —A SOUND INVESTMENT To Caroline Bergt @Engineer @Admin Cc Bcc From Robin Wohlhueter @Finance @Admin Subject re Res 2795 Date Tuesday, March 11, 1997 13 57 48 PST Attach Certify N Forwarded by I have no original in file at this time To Robin Wohlhueter @Finance @Admin Cc Bcc From Caroline Bergt @Engineer @Admin Subject Res 2795 Date Tuesday, March 11, 1997 11 38 07 PST Attach Certify N Forwarded by Have you received an original back from Robert Hirsh at K C Water Polllution Control Div yet? You sent to them on 1/8/97 I checked with you on 2/11 and nothing had returned yet We did get a check from K C on 2/28 for the first payment on the agreement, so they must have gotten it through their process at this point Will you please check on this - and/or if you have a signed original, please send me a copy Thanks r 'nNTo : Robin Wohlhuct @F ' ,0)4= ;tiemw. f.�! \. AUBURN CITY CLERK �I tLARLES A.BOOTH,MAYOR Dwight Holoba g ;.�:waprr5�f'oc�' n :�o�Y.15.,J, �h�{tyR Wohlhueter,City Clerk (�.�'��,�r�` 25 West Main, Auburn,WA 98001 aanni`baskam,Deputy City Clerk 1, 1Nnl;H�. City Clerk.(206)931-3039 ��r a�n��o[hell,Records/License Cle�kar0l ine Berg Z�4C +�i. 597 Business Registration:(206)9313007 Fax:(206)931-3053 subjecc • xes 2 /Jb �,L rA Date Wednesday, May 14 , te (7�fib 51 PDT Attach — Certify N Forwarded by On 1/8/97 you mailed the Facilities Acquisition Agreement to Robert Hirsch at METRO for signature We received a check for over $1 million on Feb 28 , for the agreement so they must have signed it Have you received a signed original back yet? If not, would you like me to call Mr Hirsch to try and track it down? If yes, would you forward a copy to me Thanks ' 1153 • pi*, ID A„f2,4 p rt � C :tt>, ikyi C .fr----) C viz 4` � -e ACC C . , inc-a-- 66h4)71 Cre ,ne/,‘.t- / 4-( C j--(5- .._ To Caroline Bergt @Engineer @Admin Cc Bcc From Robin Wohlhueter @Finance @Admin Subject Resolution No 2795 - West Valley Interceptor Sewer Date Thursday, June 5, 1997 13 59 36 PDT Attach Certify N Forwarded by You asked if the original was returned to us by King County with regard to Metro Acquisition of facilities to transfer interest in the West Valley Interceptor Sewer, a nd the Lakeland Hills force main to Metropolitan King County pursuant to Resolution No 2795 The original resolution is pending receipt of the original Facilities Acquisition Agreement We' ll attach the copy you sent me this week, but we are unable to certify the Resolution until the original Agreement is found Keeping checking with staff and I will do the same • "�iliil OFFICE OF TILE CITY MA\OR 2 ;a2 CITY ADMINISTRATION ' ? • yam r-'� t, Charles A. Booth, Mayor 25 West Main, Auburn, WA 9�S0 i1 ., (206) 93I-3(141 Fax (206) 9l l -;053 ly; shut,:. January 8, 1997 Mr Robert N. Hirsch Local Agency Affairs Administrator King County, Water Pollution Control Division Department of Natural Resources 821 Second Avenue, MS81 Seattle, WA 98104-1850 RE. METRO ACQUISITION OF FACILITIES WEST VALLEY INTERCEPTOR SEWER AND ASSOCIATED FACILITIES Dear Mr Hirsch. The Auburn City Council adopted Resolution (No:2795 on December 16, 1996, authorizing a Facilities Acquisition Agreement between the City and Metropolitan King County to allow the City to transfer interest in the West Valley Interceptor Sewer, the Lakeland Hills Pump Station, and the Lakeland Hills force main to Metropolitan King County Attached is a copy of Resolution No 2795 together with two (2) duplicate original Facilities Acquisition Agreements. The Agreements now require the signature of the King County Executive Upon execution of the Agreements, please return one original to the Auburn City Clerk, 25 West Main Street, Auburn, WA, 98001 Thank you for your assistance in this matter Sincerely, Charles A. Booth Mayor CAB:dd Enclosures f:\clerk\co nt\RES 2795 r. ,z 6„r y44�4 �.'� it n �`_ n„�^�iri epic CHARLES A. BOOTH, AYO• ENGINEERING DIVISION Frank A. Currie Direct. of Pu 'lic Works (EI( ' 25 West Main, Auburn WA 98001-4998 Dennis R. Dowd Gt Y, y ine• • , y "" (206) 931-3010 i shi ry December 4, 't-.:1-22-' rs_^_- ,,,/' C Hir cs h �� \ncy Affairs Administrator\ty lution Control Division OF t of Natural Resources d Avenue, MS 81/A 98 1 04-1 85 0 0 Subject: Metro Acquisition of Facilities / West Valley Interceptor Sewer and Associated Facilities Dear Bob• Pursuant to our discussions, the City of Auburn has assembled documentation on the construction of the West Valley Interceptor Sewer, the Lakeland Hills Pump Station and the Lakeland Hills Force Main. These projects were designed and constructed to provide sewer service in accordance with the Metro Comprehensive Sewer Plan. Construction was during the penod 1979 through 1981 MI three projects are currently owned by the City of Auburn. As you are aware, it is always difficult to assemble documentation for a project that was completed more than 10 years ago, however, we are confident that the information assembled will be more than adequate for review and approval at this time, and auditable at your pleasure in the future. Included within the documentation are the following: • The Facilities Acquisition Agreement • A map showing the locations of the acquired facilities (Exhibit A). • A table summarizing the costs of the acquired facilities and the appropriate reimbursement for the facilities (Exhibit B). • A map of the area served by the acquired facilities (Exhibit C). • Record Drawings for the acquired facilities (Attachments 1, and 2). • Auburn City Council Minutes approving final construction pay estimates for the various elements of the West Valley Interceptor (LIDS 303, 310, and 314) and Council Resolution 1347, accepting the Lakeland Hills Pump Station and Lakeland Hills Force Main project construction (Attachments 3, 4, 5, and 6). r INTER-DEPARTMENT MEMO DATE. December 10, 1996 TO Robin Wohlhueter, City Clerk FROM: Caroline Bergt, PW /0" SUBJECT Resolution No. 2795 Attached are copies with color maps to go into the council members packets. Please note that this is NOT the final agreement to be executed. We are awaiting comments from King County to finalize the agreement, anticipating only minor changes that the resolution authorizes the Mayor to approve. Don Wright is working closely with King County and will coordinate the final agreement, ensuring that any changes to the completed agreement are approved by the Mayor and that your office receives the originals. Please return a copy of the signed resolution d when the agreement is fully executed a copy of that also Thank you. cc:Don Wright ck apiai / api?, 0) V 3U AtC-7-j muze.tcyt- � �,