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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