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Home My WebLink AboutKent/Water District 111/RES 3920 RESOLUTION NO. 3920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES BETWEEN THE CITY OF KENT, KING COUNTY WATER DISTRICT NO. 111, AND THE CITY OF AUBURN WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW 39.34; and WHEREAS, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, Kent has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, WD #111 has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, the parties recognize the responsibility of public water utilities to provide efficient and reliable service to their customers at reasonable cost; and WHEREAS, Kent owns, and desires to be the water service provider for a property currently within the corporate limits of Kent, and within the service areas of Auburn and WD #111; and WHEREAS, pursuant to Chapter 70.116 RCW, Public Water System Coordination Act, the Parties determined and agreed upon the water service areas between the Parties as set forth in the South King County Coordinated Water System Plan ("Plan") and the Parties now desire to modify their water service area boundaries as agreed in this Agreement. Resolution No. 3920 May 25, 2006 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn is herewith authorized to execute a Water Service Boundary Agreement between the City of Kent, King County Water District No. 111, and the City of Auburn in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Resolution No. 3920 May 25, 2006 Page 2 DATED this staay Of~/;J~~ ,2006. ATTEST: IOtUW tL1~J banleJle E. Daskam, City Clerk Resolution No. 3920 May 25, 2006 Page 3 PETER B. LEWIS MAYOR ,...---- @1'W Grantee/A . 1 sSlgnee/Beneficia . 2. Kent, City of ry. (Last name first) . King County W . ater District No. 111 Legal Description (abbr . eVlated: i.e. lot block I , , p at or section t . , ownshlp, range) PER RCW 39.34 o Additional legal is on page of document. Assessor's Pro N/A perty Tax ParcellAcc ount Number o Assessor Tax # not yet assigned rIQORtby Pacific 8... 8IOOIM1odation ~ 11tfe.. eX8mlned as only. It '* not been . to 10- to proper 8Xecutio ,. atf8ct upon tille. n .. EXHIBIT "A" CITY OF KENT, KING COUNTY WATER DISTRICT NO. 111 and CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES IS AGREEMENT ("Agreement"), made and entered into this ~ day of ''l,.. , 2006, by and between the City of Kent, a Washington municipal co poration ( "Kent"), King County Water District No. 111, a Washington municipal corporation ( "WD #111 "), and the CITY OF AUBURN, a Washington municipal corporation, ( "Auburn"), all being duly organized and existing under and by virtue of the laws of the State of Washington (individually a "Party" and collectively the "Parties). WITNESSETH: WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal authority to exercise its powers and perform any of its functions as set forth in RCW 39.34; and WHEREAS, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, Auburn has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, Kent has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, WD #111 has the legal authority to cooperate with other localities and utilities on the basis of mutual advantage and the efficient provision of municipal services; and WHEREAS, the parties recognize the responsibility of public water utilities to provide efficient and reliable service to their customers at reasonable cost; and WHEREAS, Kent owns, and desires to be the water service provider for a property currently within the corporate limits of Kent, and within the service areas of Auburn and WD #111; and WHEREAS, pursuant to Chapter 70.116 RCW, Public Water System Coordination Act, the Parties determined and agreed upon the water service areas between the Parties as set forth in the South King County Coordinated Water System Exhibit "A", Auburn Resolution No. 3920 Kent, WD #111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 1 of 9 Plan ("Plan") and the Parties now desire to modify their water service area boundaries as agreed in this Agreement. NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the Parties agree as follows: 1. Water Service Area. WD #111 and Auburn agree to relinquish to Kent the water service area depicted on the m?p attached hereto as Attachment 1 and legally described in Attachment 2, which are by this reference incorporated herein. The Parties agree that the South King County Coordinated Water System Plan and the water service area boundaries as set forth in the Plan shall be modified to be in accordance with the Parties' water service area boundaries as set forth in Attachment 1. 2. Management, Regulation and Control of Water System. Kent, WD #111 and Auburn shall have the sole responsibility and authority to construct, maintain, manage, conduct and operate their water systems within their designated water service areas as depicted in Attachment 1, together with any additions, extensions and betterments thereto. 3. Future Annexations. The Parties agree that Kent shall provide water service to the area depicted in Attachment 1 without regard to the present corporate boundaries of the Parties and without regard to future corporate boundaries as they may be periodically altered through annexation. 4. Kent Comprehensive Water Planning. The terms of this Agreement will be included as an amendment to Kent's Comprehensive Water System Plan. Kent will submit to Auburn and WD #111 its Comprehensive Water System Plans and amendments thereto. 5. WD #111 Comprehensive Water Planning. The terms of this Agreement will be included as an amendment to WD #111 's Comprehensive Water Plan. WD #111 will submit to Kent and Auburn its Comprehensive Water System Plans and amendments thereto. 6. Auburn Comprehensive Water Planning. The terms of this Agreement will be included as an amendment to Auburn's Comprehensive Water Plan. Auburn will submit to Kent and WD #111 its Comprehensive Water System Plans and amendments thereto. 7. Reliance. Each Party hereto acknowledges that the terms hereof will be relied upon by the other in its comprehensive planning to meet the needs of the service area designated herein. Exhibit "A", Auburn Resolution No. 3920 Kent, WD #111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 2 of 9 8. Liability. Except as set forth in Section 12 regarding default, failure to perform or negligent conduct, the Parties agree that this Agreement shall not be a source of liability between the Parties for any failure or interruption of service in the service area of any Party as designated in this Agreement. 9. Government Notifications. Auburn will give notice of the adoption of this Agreement to Metropolitan/King County, to the Washington State Department of Health, to the South King County Regional Water Association, to the Water Utility Coordinating Committee, and to any other agency with jurisdiction over, or interest in, the terms hereof, and the Parties shall cooperate and assist each other in all reasonable manner in procuring any necessary approvals hereof by those .agencies. 10. Boundary Review Board. In the event that implementation of the terms herein result in permanent water service to areas that will be outside the respective service boundaries of Kent, WD #111 or Auburn, the Parties will, at the time of such service, jointly file a notice of intention with the King County Boundary Review Board in accordance with Chapter 36.93.090 RCW and Chapter 57.08.047 RCW. 11. Alteration, Amendment or Modification. Kent, WD #111 and Auburn hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement only upon written agreement of the Parties to such alteration, amendment or modification. 12. Indemnification and Hold Harmless. Each Party hereto agrees to protect, defend, and indemnify the other Parties, their officers, officials, employees and agents from any and all cost, claims, judgments and/or awards of damages, arising out of or in any way resulting from the indemnifying Party's, its employees, subcontractors or agents default, failure of performance, or negligent conduct associated with this agreement. Each Party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other Parties only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party's employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 13. Integration. This Agreement constitutes the entire agreement of the Parties regarding the subject matter hereof, and there are no other representations or oral agreements other than those listed herein, which vary the terms of this Agreement. Future agreements may occur between the Parties to transfer additional or future service areas by mutual agreement. Exhibit "A", Auburn Resolution No. 3920 Kent, WD #111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 3 of 9 14. Obligation Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of Kent, WD #111 or Auburn regarding provision of water service, except as specifically set forth herein. 15. Duration. This Agreement shall take effect on the last day approved by all of the Parties and shall remain in effect until modified by written agreement of the Parties. 16. Recording. Pursuant to RCW 39.34.040, following the approval and execution of this Agreement by the Parties, this Agreement shall be filed with the King County Auditor. Exhibit "A", Auburn Resolution No. 3920 Kent, WD #111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 4 of 9 CITY OF KENT Approved by Motion No. regular meeting held on the 2006. of the City of Kent, Kent, Washington, at its / ,.d day of {2d!'''.,,;L Approved as to form: ~i!1'*tt City of Kent I - , City Attorney KING COUNTY WATER DISTRICT NO. 111 Approved by Resolution No. of the King County Water District No. 111, Kent, Washington, at its regular meeting held on the 8~day of JI,...'''<-' , 2006. By: iJA /0- ~ Patrick Hanis, President King County Water District No. 111 Appro...v~d aSf.lV.q.... orm I" ( tv //lL- v ,I;; c:.. , General Counsel ty Water District No. 111 Exhibit "A", Auburn Resolution No. 3920 Kent, WD #111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 5 of 9 CITY OF AUBURN Approved by Resolution No. ,39~ of the City of Auburn, Washington, at its regular meeting held on the .~ day of ~~u , 2006. ~O Peter B. Lewis, Mayor City of Auburn ..- ~~ Attest: )Qal;;yj~ Damelle Daskam, City Clerk Exhibit "A", Auburn Resolution No. 3920 Kent, WD #111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 6 of 9 U1 ST 284th ~ ~ :> :> E 286th <I; < CITY 0 SERVI ...-i SE 288th ST SE 288TH PL <\\) ,.q <\ ..p.J ~ ~ t~~ ~ C\2 rn. - ~\~ ~ :> ~ ~\) WATER DISTRICT 11 rn. ~ SERVICE AREA ~~ "0 ~ ~{ C\2 C") - ~ :>- \G~ < ~ S~ ,.q ..p.J co - - SE 304th ST TH ST CITY OF AUB RN -' SE 305TH PL Q -' SERVld Q THST~ ARE SE 306TH ~ SE 306TH CT I w ~ ~ .. to z ~ VJ rn. C\J ~ ~ SE SE 307TH P ~ 306TH PL rn. SE 30T<"~ T <" w ~ SE 308TH PL SE 308T SE 308TH PL ~ H PL < SE 308TH PL I "0 CITY OF KENT KING COUNTY WATER DISTRICT NO. 111 AND CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE BOUNDARIES ATTACHMENT 1 Attachment 2 Legal Description THAT PORTION OF THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3 IN SAID SECTION 4; THENCE WEST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 A DISTANCE OF 30 FEET TO THE WEST MARGIN OF 124TH AVENUE SOUTHEAST AND THE TRUE POINT OF BEGINNING; THENCE SOUTH ALONG SAID WEST MARGIN TO THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET; THENCE WESTERL YALONG SAID NORTHERLY MARGIN OF SE 304TH STREET TO THE SOUTHEAST CORNER OF THE PLAT OF CRYSTAL MEADOWS AS RECORDED IN VOLUME 194 OF PLATS AT PAGES 66 AND 67, RECORDS OF KING COUNTY; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY EDGE OF SAID PLAT TO THE MOST NORTHERLY CORNER OF LOT 10 OF SAID PLAT; THENCE WESTERLY ALONG THE NORTH EDGE OF SAID PLAT TO THE NORTHWEST CORNER OF LOT 15 OF SAID PLAT; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 15 TO A POINT 50 FEET NORTH OF THE SOUTHEAST CORNER OF TRACT 11 OF THE PLAT OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS AT PAGE 100, RECORDS OF KING COUNTY, WASHINGTON; THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF SAID TRACT 11, SAID POINT LYING 135 FEET WEST OF THE EAST LINE OF SAID TRACT 11; Exhibit "A", Auburn Resolution No. 3920 Kent, WD #111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 8 of 9 .. ,. ! THENCE NORTH ALONG LAST SAID WEST LINE AND THE WEST LINE OF GOVERNMENT LOT 3 OF SAID SECTION 4 TO THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 3; THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 TO THE TRUE POINT OF BEGINNING. ------------------------------------------------------------------- Exhibit "A"; Auburn Resolution No. 3920 Kent, WD #111 and Auburn Interlocal Agreement Establishing Water Service Boundaries Page 9 of 9