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Home My WebLink AboutCAG2001-0059 - Original - City of Auburn - Establishment of Sanitary Sewer Service Boundaries - 03/05/2001 CITY OF KENT and CITY OF AUBURN INTERLOCAL AGREEMENT FOR THE ESTABLISHMENT OF SANITARY SEWER SERVICE BOUNDARIES THIS AGREEMENT, made and entered into this �day of , 2001, by and between the CITY OF KENT, a Washington municipal corporation (hereinafter referred to as "Kent"), 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, WITNESSETH: WHEREAS, pursuant to RCW 35A.11.040 Auburn and Kent have the legal authority to exercise their powers and perform any of their functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Kent have the legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, pursuant to RCW 35A.21.150 Auburn and Kent have the legal authority to maintain a sewerage system; 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, Auburn desires new developments within it's Potential Annexation Area to complete a Pre-annexation agreement with Auburn prior to receiving a certificate of sanitary sewer availability; and WHEREAS, portions of the Kent sanitary sewer system have been sized and are situated so as to be capable of affording sewer service to a portion of Auburn's Potential Annexation Area; and WHEREAS, Auburn has evaluated and determined it is not cost feasible to provide direct sewer service to Auburn's Potential Annexation Area property existing adjacent to Kent's sanitary sewer infrastructure; and -------------------------------------------------------------------------- Exhibit I" Page 1 of 5 Resolution No.3322 WHEREAS, the parties desire to allow Kent to construct, reconstruct, repair and maintain sewer facilities as necessary, and to authorize connections to Kent's sewer system for service to noted areas, or portions thereof; and WHEREAS, Kent's sewer service to these areas will provide for maximum efficient use of existing and future facilities together with orderly and efficient sanitary sewer planning. NOW, THEREFORE: IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Sewer Service Area. The parties have agreed to a sewer service area boundary between them. The boundary is graphically depicted on the map attached hereto as Exhibit "A", which is by this reference incorporated herein. Both parties further agree that Kent in providing sewer service to the area shown on Exhibit "A", as Area To Be Served By Kent, shall be furnishing sewer service to properties within Auburn's Potential Annexation Area. Kent shall provide service in accordance with and subject to the terms and conditions of this Agreement. 2. Management, Regulation and Control of Sewer System. Kent shall have the sole responsibility and authority to construct, maintain, manage, conduct and operate its sewerage system as installed within the area described in Exhibit "A", together with any additions, extensions and betterments thereto. Kent shall also be responsible for obtaining all necessary governmental franchises, approvals, easements and permits for the installation of said sewerage system as described above. 3. Service Rates and Connection Charges. a) Permit Required. No connection shall be made to Kent's sanitary sewer system unless the property owner first pays the associated fees and submits the proper information to obtain a Kent sanitary sewer connection permit. The connection shall be subject to inspection and approval for compliance with Kent's Sanitary Sewer Standards as adopted at the time the connection is made. b) Rates. The rates charged to the sanitary sewer customer by Kent within the area described in Exhibit "A" shall be fixed, altered, regulated and controlled by Kent pursuant to all applicable laws or regulations promulgated on the subject of rates and charges for sewer service. No surcharge shall be charged to the customers served under this agreement on the sole basis that those customers are within Auburn's Potential Annexation Area. ------------------------------------------------------------------------- Exhibit"1" Page 2 of 5 Resolution No.3322 4. Planning Areas. Kent hereby acknowledges the region to be within Auburn's Potential Annexation Area. Both parties acknowledge that Auburn desires a Pre- annexation Agreement from property seeking a sewer certificate of availability within Auburn's Potential Annexation Area. 5. Sewer Availability Certificates. Commencing on March 1, 2001, Kent shall issue sewer availability certificates for property within the area described in Exhibit "A". Kent agrees not to issue the availability certificate or any side sewer permit in the case of an existing development until Kent receives a copy of the City of Auburn Pre-Annexation Agreement in a form accepted and approved by the City of Auburn. 6. Future Annexations. Each of the parties agree that Kent shall provide sanitary sewer service to the areas shown in Exhibit "A" without regard to the present corporate limits of the parties, and without regard to future corporate limits as they may be amended by annexation to either party. 7. Kent Comprehensive Sewer Planning. The terms of this Agreement will be included as an element of Kent's Comprehensive Sewerage Plan. Kent will submit to Auburn all Comprehensive Sewerage Plans and amendments thereto involving area and/or system improvements within Auburn's planning area. 8. Auburn Comprehensive Planning. The terms of this Agreement will be included as an element of the sewerage portion of Auburn's Comprehensive Plan. 9. 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. 10. Liability. Neither party to this agreement shall be liable to the other party for any failure or interruption of service in the service area of the other party. 11. Government Approvals. The parties will give notice of the adoption of this Agreement to Metropolitan/King County, to the Department of Ecology, to the Department of Health, and to any other agency with jurisdiction or mission relevant to the terms hereof, and shall cooperate and assist in all reasonable manner in procuring any necessary approvals hereof by those agencies. 12. Boundary Review Board. In the event that implementation of the terms hereof results in permanent sewer service to areas that will be outside the respective service boundaries of Kent or Auburn, the parties will at the time of such service jointly seek approval of the King County Boundary Review Board in accordance with R.C.W. 36.93.090. 13. Service Amendments. Any changes to the service areas described herein shall be by mutual agreement. Each party may give permission to the other on a ------------------------------------------------------------------------ Exhibit"1" Page 3 of 5 Resolution No.3322 case-by-case basis to provide service by one party into the other party's adjacent or nearby service area based upon considerations of economic efficiency for providing the service with mutual consent of the Director of Public Works from both jurisdictions. 14. Alteration, Amendment or Modification. Kent and Auburn hereby reserve the right to alter, amend or modify the terms and conditions of this Agreement upon written agreement of both parties to such alteration, amendment or modification. 15. Sanctity of Agreement. 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. 16. Obligation Intact. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of either Kent or Auburn regarding provision of sewer service, except as specifically set forth herein. CITY OF KENT Approved by Reselutien NO MV'n0k ' of the City of Kent, Washington, at its regular meeting held on the �; day of r,4Uh121 12001. By: Attest: w Mayor City Clerk, City Kent Approved as to form: Kent City Attorney ��y ---------------------------------------------------------------------- Exhibit"1" Page 4 of 5 Resolution No.3322 CITY OF AUBURN Approved by Resolution No. 3322, of the/City of Auburn, Washington, at its regular meeting held on thecAVf� day of 2001. By: Attest: (A, yJ Charles A. Booth, Mayor Danielle Daskam, City Clerk Approved as to form: Auburn City Attorney --------------------------------------------------------------------------- Exhibit'T' Page 5 of 5 Resolution No.3322 w[n\'Enve 1L n1 - Y I rn TO ,,��// . . /\/ � .• Y1-p��aly ,�y D4x JR Fj vk �4G' jif IM r e d°; -_ an • 1 y 1 132ND q ter---- - _ z 'On - �f--- T- -- -� --- ----- C 'z ti O x v,tnt�ax� t"" eoa Inn 2 maa „I C��yC K� E:U Czw zz�� xa c y'j'z3 �-�Ii! 9 z C�7 o m 0 o tz� z oz�a7 DN �z Fjr ks b 9 3 } 7 F z:-7 Li RESOLUTION NO. 3322 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT ESTABLISHING SANITARY SEWER SERVICE BOUNDARIES BETWEEN THE CITY OF AUBURN AND THE CITY OF KENT. WHEREAS, pursuant to RCW 35A.11.040 Auburn and Kent have the legal authority to exercise their powers and perform any of their functions as set forth in RCW 39.34; and WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, Auburn and Kent have the legal authority to cooperate with other localities on the basis of mutual advantage and provision of services; and WHEREAS, pursuant to RCW 35A.21.150 Auburn and Kent have the legal authority to maintain a sewerage system. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1• The Mayor and City Clerk of the City of Auburn are herewith authorized to execute an Interlocal Agreement establishing sanitary sewer service boundaries between the City of Auburn and the City of Kent. A copy of said Agreement is attached hereto, denominated as Exhibit "1" and made a part hereof as though set forth in full herein. Resolution No.3322 02/06/01 Page 1 of 2 A Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. v'^ DATED this day o`er , 2001. CITY OF AUBURN CA" Q - CHARLES A. BOOTH MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: l Michael J. Reynolds, City Attorney Resolution No.3322 02/06/01 Page 2 of 2