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HomeMy WebLinkAbout5353 RESOLUTION NO. 5:3.5 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE LAKEHAVEN WATER AND SEWER DISTRICT FOR. THE PURPOSE OF MODIFYING THE SEWER DISTRICT'S SANITARY SEWER SERVICE AREA 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, in January 2004 the Commissioners of the Lakehaven Utility District adopted Resolution No. 2004-1006 authorizing the General Manager to execute an interlocal agreement with Auburn, which agreement was subsequently signed by the City of Auburn as authorized under Auburn Resolution No. 3651; and WHEREAS, in March 2005 the Commissioners of the Lakehaven Utility District adopted Resolution No. 2005-1038 authorizing the General Manager to execute an amendment to' the interlocal agreement with Auburn, which amendment subsequently signed by the City of Auburn as authorized under Auburn Resolution No. 3824; and WHEREAS, the parties recognize the responsibility of public sanitary sewer utilities to provide efficient and reliable service to their customers at reasonable cost; and Resolution No. 5353 03/14/18 Page 1 WHEREAS, portions of the Auburn sanitary sewer system have been sized with sufficient wastewater conveyance capacity and are situated so as to be capable of affording sewer service to a number of properties that lie within the Lakehaven Sanitary Sewer Service Area and adjacent to Auburn's Sanitary Sewer Service Area; and WHEREAS, Auburn has evaluated sanitary sewer service issues relative to the adjacent properties and determined that it is feasible for Auburn to provide sanitary sewer service to those properties; and WHEREAS, Lakehaven has evaluated the request and determined that Lakehaven can transfer to Auburn that portion of its Sanitary Sewer Service Area adjacent to the City of Auburn's infrastructure so that Auburn can provide sanitary sewer service to those properties. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute an amendment to the Interlocal Agreement with Lakehaven Utility District, 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 directions of this legislation. Resolution No. 5353 03/14/18 Page 2 Section 3. This Resolution shall take effect and be in force upon passage and signatures thereon. DATED and SIGNED on this j t day of )1(Gtiteil_.) , 2018. CITY OF AUBURN ANCYB ,k. S, M •Y• - ATTEST: Ai $ ,. I Da 'elle E. Daskam, City Clerk APP' •V- i A 1 1f la OR 1 D B. Heid, City Attorney Resolution No. 5353 03/14/18 Page 3 EXHIBIT A TO RESOLUTION 5353 AMENDMENT NO. 2 TO THE LAKEHAVEN WATER AND SEWER DISTRICT AND CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING SANITARY SEWER SERVICE BOUNDARIES AMENDMENT NO. 2 TO THE LAKEHAVEN WATER AND SEWER DISTRICT AND CITY OF AUBURN INTERLOCAL AGREEMENT ESTABLISHING SANITARY SEWER SERVICE BOUNDARIES THIS AGREEMENT, made and entered into th•is 2- day of 2018, by and between LAKEHAVEN WATER AND SEWER DISTRICT, a Washington municipal corporation (hereinafter referred to as "Lakehaven"), and the CITY OF AUBURN, a Washington municipal corporation, (hereinafter referred to as "Auburn"), both being duly organized and existing under and by virtue of the laws of the State of Washington, as an amendment to the Interlocal Agreement dated February 2, 2004, between the parties and executed on the 8th day of January, 2004, and the 20th day of January, 2004, respectively (hereinafter referred to as "Original Agreement") as amended by Amendment No. 1 to that agreement, dated February 22, 2005, between the parties and executed on the 10th day of March, and the 22nd day of February, 2005, respectively. WITNESSETH: WHEREAS, in January 2004 the Commissioners of the Lakehaven Water and Sewer District adopted Resolution No. 2004-1006 authorizing the General Manager to execute an interlocal agreement with Auburn, which agreement was subsequently signed by the City of Auburn as authorized under Auburn Resolution No. 3651; and WHEREAS, in March 2005 the Commissioners of the Lakehaven Water and Sewer District adopted Resolution No. 2005-1038 authorizing the General Manager to execute an amendment to the interlocal agreement with Auburn, which amendment subsequently signed by the City of Auburn as authorized under Auburn Resolution No. 3824; and WHEREAS, the parties recognize the responsibility of public sanitary sewer utilities to provide efficient and reliable service to their customers at reasonable cost; and WHEREAS, portions of the Auburn sanitary sewer system have been sized with sufficient wastewater conveyance capacity and are situated so as to be capable of affording sewer service to a number of properties that lie within the Lakehaven Sanitary Sewer Service Area and adjacent to Auburn's Sanitary Sewer Service Area; and WHEREAS, Auburn has evaluated sanitary sewer service issues relative to the adjacent properties and determined that it is feasible for Auburn to provide sanitary sewer service to those properties; and WHEREAS, Lakehaven has evaluated the request and determined that Lakehaven can transfer to Auburn that portion of its Sanitary Sewer Service Area adjacent to the City of Auburn's infrastructure so that Auburn can provide sanitary sewer service to those properties. Amendment No. 2 to the Lakehaven Water and Sewer District And the City of Auburn Interlocal Agreement Establishing Sanitary Sewer Service Boundaries NOW, THEREFORE in consideration of their mutual covenants, conditions, and promises, IT IS HEREBY AGREED by and between the parties hereto as follows: ITEM ONE REVISION TO SERVICE AREA BOUNDARY The parties have agreed to modify the mutual sewer service planning boundary as established in the Original Agreement and modified by Amendment No. 1. The properties depicted in Exhibit A and described in Exhibit B are hereby designated to be within the City of Auburn's sanitary sewer service area and no longer within the Lakehaven Water and Sewer District's sanitary sewer service area. ITEM TWO REMAINING TERMS UNCHANGED: That all other provisions of the Original Agreement as modified by Amendment No. 1 not herein amended shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this agreement as of the day and year first below written. LAKEHAVEN WATER AND SEWER DISTRICT Approved by Resolution No. 2.CAS—V1Ckbf the Lakehaven Water and Sewer District, Federal Way, Washington, at its regular meeting held on the n_st day of � �.. , 2018. By: • Appro ed as to Form: ,' r� • Amendment No. 2 to the Lakehaven Water and Sewer District And the City of Auburn Interlocal Agreement Establishing Sanitary Sewer Service Boundaries CITY OF AUBURN Approved by Resolutiop No. 5353 of the City of Auburn, Washington, at its regular meeting held on the P day of , 2018. By:_. NtG Ba•ks, Mayor Attest: Approve• as to : Ci rk Ci rAttorne Amendment No. 2 to the Lakehaven Water and Sewer District And the City of Auburn Interlocal Agreement Establishing Sanitary Sewer Service Boundaries EXHIBIT 'A' Legal Description for Lakehaven to Auburn Sewer Service Transfer Area A portion of thesoutheast quarter of the southwest quarter of Section 14 and the northeast quarter of the northwest quarter of section 23,all in Township 21 North,Range 4 East,WM.,City of Auburn, King County,Washington,,said:portion`:described as follows: Commencing at an angle point in the westerly boundary of the Interlocal Agreement described.in City of Auburn Resolution 3824 dated February 22, 2005,said angle point being at the intersection of the north margin of State Highway No.18 and the southerly projection of the centerline of 58th Avenue South; Chence southerly along said westerly`boundary'and'said southerly..projection of 58th Avenue South to the south margin of the lands conveyed to the City of Auburn,from the State of Washington in deed recorded under King County Recording No.8709221482 and the point of beginning for this boundary description; Thence continuing southerly along said westerly boundary and said southerly projectionof 58th Avenue South to the north margin of South 336th Street; Thence westerly along said westerly boundary and the north margin of South 336th Street to the west margin of 56th Avenue South;, Thence southerly along said westerly boundary and:the west margin of 56th.Avenue'South.to.the north margin of South 340th Street;` Thence Westerly alongsaid'Westerly:,boundary-and said north'margin of South340th-Streetto the east margin of 55th Avenue South; Thence leaving said westerly boundary of City of Auburn Resolution 3824, northerly along said east margin of 55th Avenue South to the south margin of South 336th Street; Thence easterly along said south margin of South 336th Street to the southerly proJection of the west line of the southeast quarter of the southwest quarter of said Section 14; Thence northerly along said west line to said"south margin of the lands conveyed to the City of Auburn in deed recorded under King County Recording No.8709221482; Thence easterly along,said south margin to the point of beginning. 4Q? was:; 0 4 \O 1 Cft- Tiof 0\ )17 4 22954 a'AC !ANO 0:\SURVEY\PROJECTS ADM431-Sewer\2017.Sewer:Franchise Legat-Jovita Ks area\Legal Description Lakehaven to Auburn Sewer'transfer Area.doc 9/11/2017 Amendment No. 2 to the Lakehaven Water and Sewer District And the City of Auburn Interlocal Agreement. Establishing Sanitary Sewer Service Boundaries rcn. m' ' L? Q1 t r-`--- 1 ......7.---1 ui _ _.. --.__ .-'"' ..�': Mountain View Dr _._. , i 1 I Res 3824,Urn` '-— cenoterli ea of 58teh Ave S' theon o 1 r 1 ort _r,�" I Co 11311/o - rn Aabu n Retnot at ngrle Pot II n 3824 nt SR-18 1 Res 3824 Line 1 Peasley Canyon Road Conveyed to Auburn in OCO 8709221482, 1 Wet We e� West Ilne of;SE 1/4 of the. t�rsovth '.ot--11/1) /� SW 1/4 of Section 14-21-04 ---- G,w or'�brg��!ar�S 24 �Qy�2 48 yed at Quarter Corner between Sewer Transfer Area Line--'' Quarter &23 , rrs � —se—c- 14-21-04 _ c?oci , 36th trees r 5;336th;street— [ Se23-214. — -4.6 S 330.0 Place , O. .C. to Q 1 l S-33-77th Street o m 0 -Res 3824 Line a y Q Q- 0 S 338th Street 2 5 LII—i- t ti 0 300' 600' 0 5.339# a, EXHIBIT 'B' S 340tH S Exhibit Map to,accompany description of Sewer Service Transfer Area. City of Auburn CD&PW Department a prepared'August 2,:2017 tfeet. 1 � I t,_.-Res 3824 Line: ...... --&- - 1 ( Amendment No. 2 to the Lakehaven Water and Sewer District And the City of Auburn Interlocal Agreement Establishing Sanitary Sewer Service Boundaries LAKEHAVEN WATER AND SEWER DISTRICT King County,Washington Resolution No.2018-1306 A RESOLUTION of the Board of Commissioners of the Lakehaven Water and Sewer District, King County, Washington, approving Amendment No. 2 to the sanitary sewer service boundary with the City of Auburn, authorizing the General Manager to execute an agreement reflecting such amendment on behalf of the District and amending District Resolution No. 2004-1006. WHEREAS, the District is authorized under state law to provide water and sanitary sewer service pursuant to adopted comprehensive plans, and WHEREAS, under authority of existing regulatory requirements, the District and the City of Auburn have determined to establish, by interlocal agreement, service area boundaries between their respective water and sewer systems, and WHEREAS, since the adoption of the sewer service area boundary, Auburn and the District have concluded that certain territory within the area designated for sewer service by the District would be better served by Auburn,and WHEREAS, the parties have previously executed Amendment No. 1 to the interlocal agreement to transfer service jurisdiction of an area to Auburn,and WHEREAS,Auburn and the District have discussed terms for a second amendment which would transfer the service jurisdiction for an additional area to Auburn, and WHEREAS, the Board believing the transfer of service jurisdiction to be in the best interests of the District NOW,THEREFORE,BE IT RESOLVED as follows: 1. The District hereby approves an Amendment No. 2 to the "Interlocal Agreement Establishing Sanitary Sewer Service Boundaries" with the City of Auburn to provide that the area referenced in Exhibit "A" shall hereinafter be included within the service area jurisdiction of the City of Auburn. 2. The General Manager is hereby directed to execute an agreement with Auburn to provide for such transfer. 3. Resolution No. 2004-1006 is hereby amended in part to reflect the transfer of service jurisdiction herein. 4. This Resolution shall be effective on the date of adoption below. Resolution No. 2018-1306 Page 1 ADOPTED by the Board of Commissioners of Lakehaven Water and Sewer District, King County, Washington,at an open public meeting this %2 ``day of April,2018. AF1'BST </-',-r;0-1-,.. Z-------- President an Commissioner Yea Nay Abstain 1644-0-6--- Vice President and Commissioner Yea Nay Abstain Secretary and Commissioner Yea Nay Abstain 7 Ji , 0 ______,, ommissioner Yea Nay Abstain Commissioner Yea 1 Nay Abstain ---- i (' ' I Approved as to form: \ t General Counsel Resolution No. 2018-1306 Page 2 Lalceliaven WATER & SEWER DISTRICT 316271st Avenue South • P.O.Box 4249 • Federal Way,WA 98063-4249 253-941-1516 Federal Way • 253-927-2922 Tacoma • www.lakehaven.org RECEIVED April 17, 2018 APR 19 2018 Robert Elwell, P.E. City of Auburn City of Auburn Wit_Eraginceedeig BeMoes 25 West Main Street Auburn, Washington 98001-4998 RE: AUBURN-LAKEHAVEN SEWER INTERLOCAL AGREEMENT AMENDMENT (NO. 2) Revised Sewer Service Area Boundary Mr. Elwell: Enclosed is an original signed copy of Lakehaven Resolution 2018-1306, adopted by Lakehaven's Board of Commissioners on 4/12/18, along with an original of the referenced ILA Amendment signed by the Board President & Lakehaven's General Counsel; amending the sewer service area boundary in the vicinity of southeast Peasley Canyon. At this time, Lakehaven will consider the service area boundary amended accordingly. Thanks for your assistance in this matter. Let me know if there's any questions or if additional information is needed. Sincerely, Brian Asbury Development Engineering Supervisor Enclosures