HomeMy WebLinkAbout2958 S
1 RESOLUTION N0. 2 9 5 8
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT FOR SCHOOL IMPACT FEES BETWEEN THE CITY
4 OF AUBURN AND DIERINGER SCHOOL DISTRICT NO 343
5
WHEREAS, the Dieringer School District has asked the City
6
of Auburn to implement a school impact fee program for areas
7
in Pierce County currently being annexed by the City; and
8
WHEREAS, the City of Auburn adopted the Dieringer School
9
District Capital Facilities Plan as a component of the Auburn
10
Comprehensive Plan, in 1997; and
11
WHEREAS, the City of Auburn has adopted Chapter 19 02 of
12
13 Auburn City Code entitled "School Impact Fees"; and
14 WHEREAS, the City of Auburn and Dieringer School District
15 must enter into an interlocal agreement to implement the
16 impact fee program
17 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
18 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
19 RESOLVES AS FOLLOWS
20 Section 1 The Mayor and City Clerk of the City of
21 Auburn are herewith authorized to execute an interlocal
22 agreement for school impact fees between the City and
23 Dieringer School District No 343 A copy of said agreement
24
25
26
Resolution No 2958
May 4, 1998
Page 1
1 is attached hereto, denominated as Exhibit "A" and made a part
2 hereof as though set forth in full herein
3 Section 2 The Mayor is hereby authorized to implement
4
such administrative procedures as may be necessary to carry
5
out the directives of this legislation
6
DATED this 4Ch day of May, 1998
7
8
CITY OF AUBURN
9 pp
10 tl d�
�W)2�
n
C
11
CHARLES A BOOTH
12 MAYOR
13
14
ATTEST
15
16
17 % .A, 49_4, //
18 Da ' elle E Daskam,
City Clerk
19
20
21 APPROVED AS TO FORM
22
23
24 Michael J Reynolds,
City Attorney
25
26
Resolution No 2958
May 4, 1998
Page 2
PIERCE COUNTY, WA
- 9905210622
0-21-1998 01:49 pm
fee Amt: $12.0u
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein)
1 Agreement for School Impact Fees (Interlocal Agreement)
2.
3
4
Reference Number(s) of Documents assigned or released: NONE
Additional reference#'s on page of document
Grantee (Last name first, then first name and initials)
1 Dieringer School District No 343
2.
3
4
Grantor (Last name first)
1 AUBURN, CITY OF
2.
3
4
Legal Description (abbreviated i.e. lot, block, plat or section, township, range)
❑Additional legal is on page 5 of document.
Assessor's Property Tax Parcel/Account Number «Parcel»
❑Assessor Tax#not yet assigned
9®05210622
INTERLOCAL AGREEMENT FOR SCHOOL IMPACT FEES BETWEEN CITY OF
AUBURN AND DIERINGER SCHOOL DISTRICT NO. 343
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 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 Dieringer School District No. 343 ("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"Gity's
Impact Fee Ordinance and the provisions of RCW 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.
4 Impact Fee Collection and Accounts.
41 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.
Exhibit A, Resolution No 2958
9805210622
4.2 So long as the District is in compliance with this Agreement, the
requirements of RCW 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 capital
projects fund and shall invest, account for and expend impact fees
in accordance with the Impact Fee Ordinance and state law
5. Expenditure of Impact 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 iry the impact lee
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
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 if the District seeks an extension of time 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.
9805210622
6 2 If the 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
approved Agreement shall be filed with the King County Auditor
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 of RCW
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
impact fee program. District agrees to indemnify and hold City harmless
in defense of impact fee ordinance to extent of challenges to the
ordinance 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
9805210622
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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the l 2_"—°
day of_ (a, , 1998.
CITY OF AUBURN DIERINGER SCHOOL DISTRICT
NO 343
By �la(1bs 1-3. t I
Charles A. Booth Dr Gary C.( ewbill
Its: Mayor Its: Superintendent
Secretary to the Board of
Directors
ATTEST
Danielle E. Daskam,
City Clerk
['PROVED AS TO FORM:
)III (,)
Michael J Reynolds,
City Attorney
G\LYNN\DSDFEE
9805210622
DIERINGER PUBLIC SCHOOLS
lip flu, .
ll. VIII. 1320 178th Avenue East • Sumner,Washington 98390 • (206)862-2537 • FAX(206)862-8472
MAY 1 3 1998
nAVN Gary C.Newbill,Superintend
ent CITY OF AUBURN CITY CLERKS OFFICE May 13 1998
Lynn Rued, Senior Planner l n I'
Department of Planning & Community Development
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Re: Interlocal Agreement: School
Impact Fees
Dear Mr Rued.
Please find enclosed one fully executed original of the "Interlocal Agreement for
School Impact Fees Between City of Auburn and Diennger School District No. 343" and
a certified copy of the School Board's authorizing resolution. The District requests that
the City record the agreement and send this office a conformed copy of the recorded
document.
Please convey to the Mayor and the City Council our appreciation for this
demonstration of support for schools. We're looking forward to a continuing and
cooperative relationship with the Department of Planning & Community Development, as
School District territory is annexed by the City
Sincerely.
czn)).atrye 12tA.
Gary C. Newbill
Superintendent of Schools
Ends: 2
Dieringer School District#343 is an Equal Opportunity Institution
s
DIERINGER SCHOOL DISTRICT NO.343
PIERCE COUNTY, WASHINGTON
RESOLUTION NO. 17-97-98
A Resolution of the Board of Directors of Dieringer School
District of Pierce County, Washington, approving an interlocal
agreement with the City of Auburn on school impact fees and
authorizing the Superintendent to execute said agreement
WHEREAS, Dieringer School District asked the City of Auburn to implement a school
impact fee program for areas in Pierce County annexed by the City of Auburn, and
WHEREAS, in 1997 the City of Auburn adopted the Dieringer School District Capital
Facilities Plan as a component of the Auburn Comprehensive Plan; and
WHEREAS, the City of Auburn has adopted Chapter 19.02 of Auburn City Code entitled
"School Impact Fees"; and
WHEREAS, the City of Auburn and Dieringer School District must enter into an interlocal
agreement to implement the impact fee program.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Dieringer
School District to approve the attached interlocal agreement on school impact fees with the City of
Auburn and to authorize the Superintendent to execute the said agreement on the District's behalf.
ADOPTED at the regular meeting of the Board of Directors of Dieringer School District
No. 343, Pierce County, Washington, held on May 12, 1998.
BOARD OF DIRECTORS
/
Chair .
Vice C air„e"
Director
ATTEST
Director/ /
Board texcCay Director
6.
4
INTERLOCAL AGREEMENT FOR SCHOOL IMPACT FEES BETWEEN CITY OF
AUBURN AND DIERINGER SCHOOL DISTRICT NO. 343
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 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 Dieringer School District No. 343 ("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 of RCW 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.
4 Impact Fee Collection and Accounts.
41 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.
Exhibit A
Resolution 2958
y
4.2 So long as the District is in compliance with this Agreement, the
requirements of RCW 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 capital
projects fund and shall invest, account for and expend impact fees
in accordance with the Impact Fee Ordinance and state law
5. Expenditure of Impact 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
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 if the District seeks an extension of time 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.
Exhibit A
Resolution 2958
Page 2
6.2 If the 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
approved Agreement shall be filed with the King County Auditor
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 of RCW
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
impact fee program. District agrees to indemnify and hold City harmless
in defense of impact fee ordinance to extent of challenges to the
ordinance 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
Exhibit A
Resolution 2958
Page 3
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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the 12-"'
day of i oc, , 1998.
CITY OF AUBURN DIERINGER SCHOOL DISTRICT
NO 343
By Q.LaraLCASIceTiQ A i I,
Charles A. Booth Dr Gary C. ewbill
Its: Mayor Its: Superintendent
Secretary to the Board of
Directors
ATTEST
111/16 t
Danielle E. Daskam,
City Clerk
PPROVED AS TO FORM:
111 , stQL.),
Michael J. Reynolds,
City Attorney
G:\LYNN\DSDFEE
Exhibit A
Resolution 2958
Page 4
FIERCE COtffUY, WA
9805210622
5-21-19i8 01:49 tE
FE Amt' $12.00
py 4
es:
Return Address.
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
1 Agreement for School Impact Fees (Interlocal Agreement)
2.
3.
4
Reference Number(s) of Documents assigned or released: NONE
DAdditional reference#'s on page of document
Grantee (Last name first, then first name and initials)
1 Dieringer School District No. 343
2.
3
4
Grantor (Last name first)
1 AUBURN, CITY OF
2.
3
4
Legal Description (abbreviated i.e. lot, block, plat or section, township, range)
❑ Additional legal is on page 5 of document.
Assessor's Property Tax Parcel/Account Number «Parcel»
Assessor Tax#not yet assigned
INTERLOCAL AGREEMENT FOR SCHOOL IMPACT FEES BETWEEN CITY OF
AUBURN AND DIERINGER SCHOOL DISTRICT NO. 343
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 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 Dieringer School District No. 343 ("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 of RCW 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.
4 Impact Fee Collection and Accounts.
41 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.
Exhibit A, Resolution No 2958
4.2 So long as the District is in compliance with this Agreement, the
requirements of RCW 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 capital
projects fund and shall invest, account for and expend impact fees
in accordance with the Impact Fee Ordinance and state law
5 Expenditure of Impact 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
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 if the District seeks an extension of time 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 If the 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
approved Agreement shall be filed with the King County Auditor
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 of RCW
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
impact fee program. District agrees to indemnify and hold City harmless
in defense of impact fee ordinance to extent of challenges to the
ordinance 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the 2�'
day of i'V\0. - , 1998.
CITY OF AUBURN DIERINGER SCHOOL DISTRICT
NO 343
By. Q LtG.°lL t Cir-E—Q
Charles A. Booth Dr Gary C. ewbill
Its: Mayor Its: Superintendent
Secretary to the Board of
Directors
ATTEST
/ n p a
Danielle E. Daskam,
City Clerk
• PPROVED AS TO FORM:
I1
Michael J Reynolds,
City Attorney
G:\LYNN\DSDFEE
CHARLES A BOOTH,MAYOR �x- � � s" ,_ AUBURN CITY CLERK
Danielle Daskam,City Clerk '' ra 25 West Main Auburn,WA 98001
Cathy Richardson, Deputy City Clerk a4I ,a 1,"' City Clerk:(253)931-3039
3'
Tamie Bothell,Records/License Clerk ?ft /Business Registration:(253)931-3007 Fax:(253)288-3132
May 21, 1998
Pierce County Auditor's Office
2401 South 35th, Room 200
Tacoma, WA 98409
RE. INTERLOCAL AGREEMENT— SCHOOL IMPACT FEES
The City of Auburn adopted Resolution No 2958 on May 4, 1998 authorizing an
Interlace! Agreement for school impact fees between the City of Auburn and
Dieringer School District No. 343. According to Chapter 39 34 RCW, an
interlocal agreement must be filed with the County Auditor Enclosed is a
certified copy of City of Auburn Resolution No 2958.
If you have any questions or comments, please contact me at (253)931-3037
Sincerely,
Danielle E. Daskam
City Clerk
Enclosure
/dd
RECORDS MANAGEMENT
ORDINANCE/RESOLUTION DISTRIBUTION
ORDINANCE NO• c, DATE ADOPTED• /0(
RESOLUTION NO a2-/S 7 EFFECTIVE DATE.
RECORDING FILE. 1694-c) — � CODE BOOK. /OS
DEPARTMENT DISTRIBUTION
...:: DEBT... . ' ..., ... 4. .. CONTACT „sf:
A -.2—zr,/
CITIZEN REQUESTS
".. ?NAME A?' .H . . ,. ;•7.7::., ADDRESS!: f 4- -_DATE
--MGvc-c7 57.401
F:CLERK RECORDSIRECFORM
CHARLES A.BOOTH,MAYOR •'i AUBURN CITY CLERK
Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001
Cathy Richardson, Deputy City Clerk _ City Clerk:(253)931-3039
Tamie Bothell,Records/License Clerk ` }Business Registration:(253)931-3007 Fax:(253)288-3132
Shine
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. 2958 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO.2958 "
I certify that said Resolution No. 2958 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 4th day of May, 1998.
Witness my hand and the seal of the City of Auburn this 20th day of August,
1998
Danielle Daskam, City Clerk
City of Auburn
PIERCE COUNTY, WA
9806170194
.il-Z Q.A ial.., tr17-1490 08:3h art
4cc 9g050/46A 9— Fee Apt° $0 00
JUL 1 3 1998
CITY OF AUUUNN
Name & Return Address: CITY CLERKS OFFICE
h
GUJQ.unn u0o-.9 VI
Please print legibly or type information.
II
Document Title (Or transaction contained therein)
C5Liz-PAID e Cz
Grantor(s) (Last name first, then first name, middle name)
_ Additional Names on Page of Document
Grantee(s) (Last name first, then first name, middle name)v
c...�c n
D-lYLt_c.�
Additional Names on Page of Document
Legal Description (Abbreviated: i.e., lot, block, plat or section,township,range)
Complete Legal Description on Page of Document
Auditor's Reference Number(s)
As'sessor's Property Tax Parcel/Account Number(s)
The AuditorfRecorder will rely on the information provided on this cover sheet. The
staff will not read the document to verify the accuracy or completeness of the indexing
information provided herein.
gpcovsh.lst 2/98
ern 1)81)6170124
A f
1 RESOLUTION NO 2 9 5 8
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT FOR SCHOOL IMPACT FEES BETWEEN THE CITY
4 OF AUBURN AND DIERINGER SCHOOL DISTRICT NO 343
5
6 WHEREAS, the Dieringer School District has asked the City
of Auburn to implement a school impact fee program for areas
7
in Pierce County currently being annexed by the City; and
8
WHEREAS, the City of Auburn adopted the Dieringer School
9
District Capital Facilities Plan as a component of the Auburn
10
Comprehensive Plan, in 1997 ; and
11
WHEREAS, the City of Auburn has adopted Chapter 19 02 of
12
13 Auburn City Code entitled "School Impact Fees"; and
14 WHEREAS, the City of Auburn and Dieringer School District
15 must enter into an interlocal agreement to implement the
16 impact fee program
17 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
18 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
19 RESOLVES AS FOLLOWS
20 Section 1 The Mayor and City Clerk of the City of
21 Auburn are herewith authorized to execute an interlocal
22 agreement for school impact fees between the City and
23 Dieringer School District No 343 A copy of said agreement
24
25
26
Resolution No 2958
May 4, 1998 .9806170124
Page 1
1 is attached hereto, denominated as Exhibit "A" and made a part
2 hereof as though set forth in full herein
3 Section 2 . The Mayor is hereby authorized to implement
4
such administrative procedures as may be necessary to carry
5
out the directives of this legislation
6
DATED this 4" day of May, 1998
7
8
CITY OF AUBURN
9
10 r n a1-2 1 1 1 4 co
CHARLES A BOOTH
12 MAYOR
13
14
ATTEST
15
16
17 L 7/. /
18 Da ' elle E Daskam,
City Clerk
19
20
21 APPROVED AS TO FORM
22 i `,
23 L I
24 Michael J Reynolds,
City Attorney
25
26
Resolution No 2958
May 4, 1998
Page 2
Ad
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 defehse, 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the
day of NV 7 , 1998.
CITY OF AUBURN DIERINGER SCHOOL DISTRICT
NO 343
Q\ktiLOAcili
Charles A. Booth Dr Gary C.t ewbill
Its: Mayor Its: Superintendent
Secretary to the Board of
Directors
ATTEST
/o
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
st Cj\
M ichael'J.'Reynolds,
City Attorney
G\LYNN\DSOFEE
9806170124
CHARLES A.BOOTH,MAYOR AUBURN CITY CLERK
Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001
Cathy Richardson,Deputy City Clerk C Auburn City Clerk:(253)931-3039
Tame Bothell, Records/License Clerk Business Registration:(253)931-3007 Fax:(253)288-3132
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. 2958 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2958 "
I certify that said Resolution No 2958 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 4th day of May, 1998.
Witness my hand and the seal of the City of Auburn this 21st day of May, 1998
%/Cl �i�'�
Danielle Daskam, City Clerk
City,,of ici.lburilrf 4 r •
V Sd3d3..1f s
9806170124