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HomeMy WebLinkAboutILA1967-004 - Original - City of Seattle - Sewage Disposal Agreement - 05/18/1967 ---counttftrparts of iscounterpart No............_. HUNfICIPALITY OF i"-IETROPOLITAN SEATTLE CITY OF KENT AGREL1,U,114T FOR SEVIAGE DISPOSAL THIS AUGREEIIENIT made as of this /Y 74day of /11 Iq / , 1967, between the CITY OF a T',j U J'j icipal corporation of the State of Vlashington, here inaft-er to as the "City" , and the MUNICIPALITY OF MM"TROPOLITAN S1_'1ATTL'j!_', c-, in,,iiiicipal corporation of the State of Washington, here inaf t-er referred to as '"I'-letro" , WITNE .ems SETH: WHEREAS , the pilblic health, welfare and safety of the residents of the City axid the residents of Ddetro require the development of adequate systems of sewage collection and disposal, the elimination of water pollution and the preservation of the fresh and salt water resources of the area; and WHEREAS, Metro is engaged in developing and operating a Metropolitan Sewage Disposal System and the City is engaged in developing a sewage collet--tion system for the City; and WHEREAS, tl,),e City Ctesires to deliver sewage collected by the City to Metro for disposal; and WHEREAS, to provide for the disposal by Metro of sewage collected by the City it is necessary that a contract be now entered into establisliing certain rights and duties of the parties incident thereto; aOW, THERE.FORE, in consideration of the mutual covenants contained herein, it is ilereby agreed as follows : Section 1. Definition of Terms . The following words and phrases used in this contract shall have the meanings herein- after set forth in this section: a) The words ""Comprehensive Plan" shall mean the Comprehensive Sewage Disposal Plan adopted in Resolution No. 23 of the Municipality of Metropolitan Seattle and all amendments thereof heretofore or hereafter adopted. b) The words "214etropolitpn Sewerage System" shall mean all of the facilities to be constructed, acquired or used by Metro as a part of the Comprehensive Plan, The Metropolitan Sewerage System shall generally include sewage disposal facilities with capacity to receive sewage from natural drainage areas of approximately one thousand acres or more. The Metropolitan Sewerage System shall thus include trunk or interceptor sewer facilities extending to a point within each tributary and natural drainage area, where not more than one thousand acres remain to be served beyond the upper terminus of such trunk or interceptor sewer, c) The word "Participant" shall mean each city, town,, county, sewer district, municipal corporation, person, firm or private corporation which shall dispose of any portion of its sanitary sewage into the Metropolitan Sewerage System and shall have entered into a contract with Metro providing for such disposal. d) The words "Local Sewerage Facilities" shall mean all facilities owned or operated by a Participant for the local collection of sewage to be delivered to the Metropolitan Sewerage System. e) The words "Metropolitap Area" shall mean the area contained within the boundaries of the Municipality of Metropolitan Seattle as now or hereafter constituted. f) The words "Residential Customer" shall mean a single family residence billed by a Participant for sewerage charges. Section 2 . Delivery and acceptance of Sewage. As of July 11 1967 , the City shall deliver to Metro all of the sewage and industrial waste collected by the City and Metro shall accept 2 the sewage and waste delivered for treatment and disposal as herein- after provided subject to such reasonable rules and regulations as may be adopted from time to time by the Metropolitan Council. ,,,-IL4etro shall not directly accept sewage or waste from any person, firm, private corporation, water district or sewer district which is located within the boundaries of or is delivering its sewage into the Local Sewerage Facilities of the City without the written consent of the City. Section 3 . Construction of Metro Facilities. Except as hereinafter provided for the Trunk Sewers described in Exhibit A, Metro shall construct, acquire or otherwise secure the right to use all facilities required for the disposal of sewage delivered to Metro pursuant to this Agreement and shall perform all services required for the maintenance, operation, repair, replacement or improvement of the Metropolitan Sewerage System, including any additions and betterments thereto. Except as hereinafter provided for the Trunk Sewers described in Exhibit A and Exhibit B, Metro shall in its sole discretion determine the nature, location and time of construction of facilities of the Metropolitan Sewerage System, except that such facilities shall not be constructed on the streets described on Exhibit C hereof without the prior consent of the City. Section 4 . Connection of Local Sewerage Facilities to the Metropolitan Sewerage System. Local Sewerage Facilities of the City shall be connected to the permanent facilities of the Metropolitan Sewerage System at such time as any of the permanent facilities of such Metropolitan Sewerage System shall be available to receive sewage collected by such local facilities . Such connections shall be accomplished at the expense of the City and in accordance with the rules and regulations of Metro at such point or points of connec- tion as shall be determined by Metro. The City shall secure and pay 3 for the right to U.se al"Y ',Ocal Facilities Of another Partici- pant which may be require;(I to caealiver aay part of the City' s sewage ,4 to the 1,1etropolitan Seweracfe, S,,?,StGnI- section 5 . Pavz.ient for S:wafje Disposal. For the disposal of sewage hereafter col.,lected I)y tare City and, delivered to 24etro the City shall pay to i4etro on or before the last day of each month during the term of this agreerna-nt, a sewage disposal charge determined as provided in this S, -01 1. For the quarterly periods 'i4arch 31, June 30 , September 30 and Decealtbur 31 of each Year every Participant shall submit a written report to setting forth (a) the number of Residential Custoitiers billed by such Participant for local sewerage charges as of the last day of the quarter , (b) the total number of all customers billed by such Participant as of sucli day and (c) the total water consumption during ,such quarter for all customers billed by such Participant other than residential Customers . The quarterly water consumption report of the city shall be taken from water meter records and may be adjusted to exclude water which under the rules and regulations of .\Ietro need not an(i in fact does not enter the sanitary facilities of a custo.ntr r. 7,1.1'iere actual :sewage flow from an individual customer is i'cieterod, the metereal se%,,Tcage flows shall be reported in lieu of adjusted water consumption. pne total quarterly water consumption report in cubic feet shall be divided by 2 ,700 to determine the number of Residential Customer equivalents represented by each Participant' s customers other than singly: fa.,Aly rosi(!unces . Metro shall maintain a permanent record, of the quarterly customer reports from each Participant TAe City' s first quarterly rer)ort shall cover the first quarterly period followinc.-J the c'Iate ahen sewage is first delivered to ,Aetro and shall be submitted within thirty days following the end of the quarter. Succeeding reports s,,Iiall be rtia(-��e for eacil quarterly period thereafter and sisal be sul)iiii-tted within tliirty (30) clays following the end of the quarter. 4 2. a) To form a basis for determining the monthly sewage disposal charge to be paid by each Participant during any particular quarterly period, Metro shall ascertain the number of Residential Customers and Residential Customer equivalents of each Participant. This determination shall be made by taking the sum of the actual number of Residential Customers reported as of the last day of the next to the last preceding quarter and the average number of Residential Customer equivalents per quarter reported for the four quarters ending with said next to the last preceding quarter, adjusted for each Participant to eliminate any Residential Customers or Residential Customer equivalents whose sewage is delivered to a governmental agency other than Metro or other than a Participant for disposal outside of the Metropolitan Area. The number thus determined is hereinafter called the "basic reported number. " b) For the initial period until the City shall have submitted six consecutive quarterly reports , the basic reported number of Residential Customers and Residential customer equivalents of the City shall be determined as provided in this subparagraph (b) . On or before the tenth day of each month beginning with the month prior to the month in which sewage from the City is first delivered to Metro, the City shall submit a written statement of the number of Residential Customers and Residential Customer equivalents estimated to be billed by the City during the next succeeding month. For the purpose of determining the basic reported number of Residential Customers. or .Reridential Customer equivalents of the City for such next succeeding month, Metro may at its discretion adopt either such estimate or the actual number of Residential Customers and Residential Customer equivalents reported by the City as of the last day of the next to tile last preceding reported quarter. After the City shall nave furnished six consecutive quarterly reports 5 the basic reported number of Residential Customers and Residential Customer equivalents of the City shall be determined as provided in the immediately preceding subparagraph (a) . c) If the City shall fail to submit the required monthly and/or quarterly reports when due, Metro may make its own estimate of the number of Residential Customers and Residential Customer equivalents of the City and such estimate shall constitute the basic reported number for the purpose of determining sewage disposal charges . d) The basic reported number of Residential Customers and Residential Customer equivalents of the City shall be further adjusted by adding thereto twenty-five per cent (25%) of the number of Residential Customers or Residential Customer equivalents of the City located outside the present boundaries of Metro. The sum thus determined is hereinafter called the "adjusted reported number. " If all of the area located within the City or any area located outside the City and served into its Local Sewerage Facilities shall be annexed to Metro at any time after the date of this agreement or if the twenty-five per cent additive adjustment shall have been paid by the City for a period of ten years, said additive adjustment shall be eliminated effective as of the first day of the month following such annexation as to the number of Residential Customers or Residential Customer equivalents located within such annexed area and in any event shall be eliminated entirely upon the tenth anniversary of the date when sewage disposal charges shall have first been paid to LAetro by the City. If the additive adjustment described above shall not be applied to the Residential Customers or Residential Customer equivalents of any other Participant located outside of the present boundaries of Metro under any future agreement between Metro and such Participant or shall be applied in a lesser amount, then 6 the additive adjustment described in this paragraph (d) shall be correspondingly reduced or deleted. The adjusted reported number of Residential Customers and Residential Customer equivalents of the City shall be the number of Residential Customers and Residential Customer equivalents reported by the City for the purpose of determining sewage disposal charges pursuant to Paragraph 3 of this section. 3 . The monthly sewage disposal charge payable to Metro shall be determined as follows : a) Prior to July 1st of each year 14etro shall determine its total monetary requirements for the disposal of sewage during the next succeeding calendar year. Such requirements shall include the cost of administration, operation, maintenance, repair and replacement of the 14etropolitan Sewerage System, establishment and maintenance of necessary working capital and reserves, the requirements of any resolution providing for the issuance of revenue bonds of Metro to finance the acquisition, construction or use of sewerage facilities, plus not to exceed 1% of the foregoing requirements for general administrative overhead costs. b) To determine the monthly rate per Residential Customer or Residential Customer equivalent to be used during said next succeeding calendar year, the total monetary requirements for disposal of sewage as determined in subparagraph 3 (a) of this section shall be divided by twelve and the resulting quotient shall be divided by the total number of Residential Customers and Residential Customer equivalents of all Participants for the October-December quarter preceding said July lst; provided, however, that the monthly rate shall not be less than Two Dollars ($2 . 00) per month per Residential Customer or Residential Customer equivalent at any time during the period ending July 31, 1972. c) The monthly sewage disposal charge paid by each Participant to Metro shall be obtained by multiplying the monthly rate by the number of Residential Customers and Residential Customer equivalents 7 of the Participant. An additional charge may be made for sewage or wastes of unusual quality or composition requiring special treat- ment, or Metro may require pretreatment of such sewage or wastes . An additional charge may be made for quantities of storm or ground waters entering those Local Sewerage Facilities which are constructed after January 1, 1961 , in excess of the minimum standard established by the general rules and regulations of Metro. 4 . A statement of the amount of the monthly sewage disposal charge shall be submitted by metro to each Participant on or before the first day of each month and payment of such charge shall be due on the last day of such month. If any charge or portion thereof due to Metro shall remain unpaid for fifteen days following its due date, the Participant shall be charged with and pay to Metro interest on the amount unpaid from its due date until paid at the rate of 6% per annum, and Metro may, upon the failure of any Participant to pay such amount, enforce payment by any remedy available at law or equity. 5. The City irrevocably obligates and binds itself to pay its sewage disposal charge out of the gross revenues of the sewer system of the City. The city further binds itself to establish, maintain and collect charges for sewer service which will at all times be sufficient to pay all costs of maintenance and operation of the sewer system of the City, including the sewage disposal charge payable to Metro hereunder and sufficient to pay the principal of and interest on any revenue bonds of the City which shall con- stitute a charge upon such gross revenues. It is recognized by Metro and the City that the sewage disposal charge paid by the City to Metro shall constitute an expense of maintenance and operation of the sewer system of the City. The City shall provide in the issuance of future sewer revenue bonds of the City that 8 expenses of maintenance and operation of the sewer system of the City shall be paid before payment of principal and interest of such bonds. The City shall have the right to fix its own schedule of rates and charges for sewer service provided that same shall produce revenue sufficient to meet the covenants contained in this Agreement. Section 6 . Responsibility of City. The City shall be responsible for the delivery to the Metropolitan Sewerage System of sewage collected by the City, for the construction, maintenance and operation of Local Sewerage Facilities , and for the payment of all costs incident to the collection of such sewage and its delivery to the Metropolitan Sewerage System. Section 7. Records. Permanent books and records shall be kept by Metro and the City of the respective rates established, the volumes of sewage delivered and discharged into the Metropolitan Sewerage System wherever such volumes are measured and the number of Residential Customers and Residential Customer equivalents reported. In addition Metro shall keep complete books of account showing all costs incurred in connection with the Metropolitan Sewerage System, and the City shall keep complete records showing the amount billed to each of its customers for sewer service and the basis used for such billing including sewage flow and water consumption for each customer where applicable. The records required by this paragraph shall be available for examination by either party at any reasonable time. Section 8. Development of 14etr22olitan Sewerage System. It is contemplated that the Metropolitan Sewerage System will be developed in stages and, except as provided in Section 9 hereof, the nature of all facilities of the .,Ietropolitan Sewerage System to be constructed, acquired or used and the time of such construction, acquisition or use shall be deter'.,iiined in the sole discretion of Metro, 9 it being contemplated that Metro shall ultimately provide sewage disposal service for the entire 14etropolitan Area and such adjacent areas as may feasibly be served into the ',14etropolitan Sewerage System. Section 9 . Construction of Certain Metropolitan Trunk Sewers by Metro and by the City. i,.Ietro agrees that it will design, construct and inspect the facilities of the Metropolitan Sewerage System generally described on Exhibit B attached hereto. The City agrees that it will construct the facilities of the ,4etropolitan Sewerage System in the City generally described on Exhibit A attached hereto. The exact size and location of such facilities shall be approved by Metro and the engineering plans and specifications for such facilities to be prepared by the City shall be submitted to and approved by 2'4etro. The contract for construction of such facilities shall be let by the City after the written approval by �,Ietro of plans and specifica- tions therefor. Inspection of construction shall be performed by the City. The City will acquire all right of way therefor as approved by Metro and title documents therefor shall run jointly to the City and Metro and the form of such documents shall be approved by Metro. The City will pay all construction, right of way and engineering costs. Upon completion of construction of the Trunk Sewers described in Exhibit A, the City shall connect same to the Metropolitan Sewerage System at the connection point designated on Exhibit A. Metro and the City agree that the facilities described on Exhibit A and Exhibit B shall be completed, connected and ready for service by September 1, 1968 , provided that such date may be extended by any time consumed hereafter in approval of plans by the Economic Development Administration or by any time consumed hereafter by acts of God, strikes, material shortages beyond the control of the City or Metro or their contractors , or in litigation or in legal procedure required as the result of litigation, which actually delays the authorization or construction of said facilities , or in litigation required to acquire the right of way therefor. 10 Section 10 . Operation, Maintenance , Use and. -Acquisition by Metro of Metropolitan Trunk Sewers Constructed by the City. within 30 days following completion by the (7:Lty of construction of the Metropolitan Trunk Sewers described in Section 9 and their connection to the Metropoli- tan Seweraqe System, said sewers shall be conveyed by the city to Metro, free and clear of all encumbrances save and except the right of the City to deliver sewage thereto as provided herein upon payment of sewage dis- posal charges therefor. Immediately upon such connection Metro shall have the sole duty and obli(Tation to operate, maintain, repair and re- place such trunk sewers , shall have the right to enforce warranties of the contractor or contractors IDuildinq same , and shall. have the exclu- sive right to use said trunk sewers for the transnortation of sewage col- lected within or without the City, subject to the right of the City to jointly use said sewer as a City trunk sewer for the delivery thereto of any sewage collected. by the city upon approval by Metro of the manner and location of local City sewer connections thereto. For the use by and conveyance to Metro of the Metropolitan Trunk Sewers to be constructed by the City , Metro shall pay to the City an amount equal to the construction cost Of such sewers less the appropriate proportion of the Economic Development Administration grant applicable tc such cost received by the City. Such appropriate oroportion shall be a fraction, the numerator of which shall be the construction cost of such Metropolitan Trunk Sewers and the denominator of which shall be the total actual sewerage facility costs to which the contemplated Economic Develoy ment Administration grant shall apply. Construction cost, as used in this paragraph only, shall include payments to the contractor or contrac- tors and any taxes applicable to such construction , but shall exclude en- gineering design and inspection fees , costs of right of way acquisition and legal costs directly incident to the acquisition of right of way therefor. The cost of connections Of such trunk sewers necessary to in- tercept presently existing sewerage facilities of the City, shall be con- sidered to be part of the construction cost of such sewers. 11 paym(yIjt of sucil costs , includinc, !)y,:,oI.- :�,js -javments , shall. be I . .1r( h made by ,,letro to the City! durinrf the construction period and thereafter upon completion 0" construction �vitl.,,in 30 days follo%�7ing receipt of noti- fication of the approval of such pa-,.-ments '!:)v the City and its consulting engineers . Any claims best rr eri tl,1(7� contilactor and the Cit,�,/ arising out of sucli construction alad an%, claims by property owners or other third par- ties agall,st the contractor and/or- the City arisinq out of such construc- tion shall be prosecuted or defendc-' the CitV. Iletra, wlil pay one-half of the cost olF such defense or r3ro_---,L?c uti.on aT,,,ri one-half of the amount of I such claims paid by the (71 ty , provided t_'; It tro shall. first approve in writing a(7 the settlemont of any slic I clalfrls `.X�f�_.,re rya is e The above nayments, shall constitute trill and. complete payment by Metro for the acquisition of such Aetronolitan Trunk Sewers. Section 11. Ac(quisition by 'Ietr(-,) of 'Metropolitan Trunk Sewer Previously Constructed by the City . TIie U7est Hi'll 1 '1 runk Sewer was built by the Citv from the proceeds of revenue i_,onlds issued under date of June 1 , 1951) , and the portion of such 5e%-,'er from tfle existing Scuth Sewage treatment Plant of tlic city to Manhole 313(xild be a part of the Metropolitan Sewerage System. _ffectiv(. as o ­ july 1 , 1967 , the City shall convey to .Metro such portion of the 14est Hill Trunk Sewer subject only to the lien of any revenue bonds I)oretofore issued by the City, and on sucii data Metro shall. r)av t.11(, (- ,itv sure of $83 ,000 . 00 in cash as payment in full, for such trunk sew(,-�r. Section 1.2 . use of Certain City Facilities . Metro shall have the exclusive right to use and the duty to maintain , operate, repair and replace those facilities , the nature, and location of which are described in Exhibit "D" attac',Icd hereto an(I this reference made a part hereof, subject to the contintied availability of such facilities or other faci- lities of Metro to re-eive , transpor'L --)r t.rea.t sewage delivered at such location by the City. Por the T)rlvii(3q(_, I.IFIr-IrI the facilities described in Exhibit "T)" , �,Ietro s iall_ pay to the citv on July 1 , 1967 , the sum of $673 ,040. 00 plus that portion of plIncinal of and intc!rest on warrants then 12 tof ore issued by the City to pay the costs of construction of the sewage lagoon expansion, which are not reimbursable by the Economic Develop- ment Administration, and thereafter will pay in the ordinary course of business that portion of the actual costs as incurred to complete the lagoon expansion, which are not reimbursable by the Economic Develop- ment Administration. The total amount paid to the City is being herein- after called "amount of reimbursement. " The City shall continue to retain its existing rights of ownership in the facilities described in this Section 12 and shall continue to pay the principal of and interest on any bonds issued to pay in whole or in part the cost of acquisition and construction of such facilities , provided that the City shall grant to Metro such temporary or permanent sewer easement rights in any real property owned by the City for facilities described on Exhibit "D" as may be required by Metro. The right of Metro to use any portion of such facilities shall expire at such time as Metro shall no longer require the use of such portion. It is, howe% er,contemplated by this agreement that the City shall, at the earliest practicable date and at its expense, separate the storm and sanitary sewage in areas of the City where storm and sanitary sewage are now combined. Metro shall not be obligated to accept combined storm and sanitary sewage from the City for treatment and disposal, other than at the City Sewage Treatment Lagoon, and shall have the right to use such lagoon until six months after the City shall have completed such separation. Metro shall have the right to remove any equipment in the facilities described on Exhibit "D" , which in the judgment of Metro ' s Executive Director is useable or useful to Metro and otherwise such facilities shall be returned to the City in as is condition upon ex- piration of use by Metro. Section 13. Operation of Certain Interim Facilities and Reim- bursement of Turn-around Costs. From July 1 , 1967 , through December 31 , 1967 , the City shall operate and maintain said facilities as are 13 described on Exhibit D for and on behalf of Metro. Maintenance shall be understood to include inspection, cleaning and repair. The City shall exercise reasonable care, diligence and judgment in performing the work and shall in particular undertake preventative maintenance precautions wherever practicable. Except in emergencies when the City shall take immediate appropriate action, repairs costing more than $1500 or any additions and betterments shall be undertaken only after approval by Metro. In emergencies notice of action taken shall be given to Metro as soon as practicable considering the seriousness of the emergency. Statements of amounts due for work performed pursuant to this Section 13 shall be presented to Metro at intervals considered by the City to be appropriate but not more frequently than monthly nor less frequently than quarterly. costs to be paid by Metro shall include actual direct wages and salary paid by the` City for labor performed on such work plus the overhead charge equal to 42% thereof, actual cost of materials used plus all materials handling charges equal to 20% thereof and rental for equipment used at the same rental rates charged to other City departments by the City. Bills for electric c-e---s-h al power �i-n-d`---w-a­t---e---r- service I be forwarded o Metro or directly by Metro. Metro shall hold the City harmless and defend all suits for personal injury or property damage arising out of the operation and maintenance, of said sewerage facilities which are not caused by neglect or failure of the City to perform operation and maintenance as herein contemplated. In contemplation of the fact that certain costs have been or will be incurred by the City as a result of changes of City plans required by this agreement, Metro agrees to pay to the City the actual costs the City may hereafter incur in securing approval by the Economic Development Adminiatration of the design contemplated by 14 this agreement in facilities which have heretofore been approVed for federal grant. Section 14. Insurance and Liability for Damages, The MY shall secure and maintain with responsible insurers all such Lasurame as is customarily maintained with respect to sewage systems of like character against loss of or damage to the Local Sewerage Facilities of the City and the sewerage facilities described on Exhibit A during the period of their ownership by the City, and against public and other liability. Any liability incurred as a result of the operation by Metro of the interim sewerage facilities of the City described in Exhibit D, the sewerage facilities described on Exhibit A and the Metropolitan Sewerage System shall be the sole liability of HetrO and any liability incurred by the City as a result of the operation of the Local Sewerage Facilities of the City shall be the sole liability of the City. Section 15 . Assignment. The City shall not have the right to assign this Agreement or any of its rights and obligations hereunder either by operation of law or by voluntary agreement without the written consent of Metro and neither party may terminate its obligations here- under by dissolution or otherwise without first securing the written consent of the other party and this agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. In the event that the City should be dissolved or should no longer be authorized to operate sewer facilities, the local sewer facilities owned and operated by the city within the Metropolitan Area shall be assigned and transferred to Metro subject to any outstanding debts of the City which had been incurred for the specific purpose of constructing or acquiring such facilities and subject to the acceptance by Metro of the obligation to continue to provide sewer service to the residents served by such local facilities upon payment by such residents of sewage disposal charges determined as herein 15 provided and the reasonable costs of local sewer service. Section 16. Effective Date and Term of Contract. This agreement shall be in full force and effect and binding upon the parties hereto upon the execution of the agreement, provided, however, in the event the Economic Development Administration disapproves the application by the City of presently approved grant moneys to the facilities of the City ' s Ncorth City Project redesigned as contemplated herein this agreement shall in all respects be null and void and neither party shall have any claim against the other therefor. The agreement shall continue in full force: and effect until July 1, 2016 . Section 17 . -10tice 1,�,',henever in this agreement notice is required to be given, tie same shall -J)e given by Registered Mail addressed to the respective parties at the following addresses: 14unicipality of j�letropolitan Seattle 410 Viest Harrison Street Seattle , 14ashington 98119 The City of Rent Kent, 1,1ashington unless a different address shall De hereafter designated in writing by either of the parties . The date of giving such notice shall be deemed to be the date of mailin-g thereof. Billings for and payments of sewage disposal charges and interim operating costs may be made by regular mail. Section 18 . Execution of DocuIients . This agreement shall be executed in six counterparts, any of which shall be regarded for all purposes as one original . Each party agrees that it will execute any and all deeds , easements, leases, instruments, documents and resolutions or ordinances necessary to give effect to the terms of this agreement. Section 19 . Waiver. No -,.waiver I)y either party of any term or condition of this agreement shall he deemed or construed as a 16 waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this agreement. Section 20. Izemedies . In addition to the remedies provided by law, this agreement shall be specifically enforceable by either party. Section 21® !,LLt This agreement merges and supersedes all prior negotiatioi-1-s , representati-ons and agreements between the parties hereto relating to the subject matter hereof and con- stitutes the entire contract I)etween the parties . IN WITNESS WHEREOF, the parties hereto have executed this agreement, as of the day and. year first above written. CITY OF KENT 3y-.- Mayor ATTEST: city Cerk .",4UNICIPALITY OF METROPOLITAN SEATTLE By__ C. Carey Donworth Chairman of the Council ATTEST: '6& livan�Vyn J�5-r fS of C6�erk of the Cotincii 17 1 l 1• i r syt•%414AAk. -.• •+" i r _ i �l, ':}�= \ 1. `•��\ OF 1 •.�•.......... a f ........... .• .. ti a 1 I � ///�1 S � �. , •. �r•i • . f j�? � O 0 � , •fir �/ > i� 1` : i i � �.. Yr, ',t .s .� �� �'vf'• EZ �r �r� 1jm. tv Ar er ,I't • 41 Az VA , + Y Y: r • _ _ � 1 art. r ;� �tb* :. 11S }• �) I� , a �. . Al �. rk • 1. (I ' a• ' �.. 7 / �' l 9E yE i(; �, of ZE bZ eRr 9Z [; • .ra w �•: OE SL EXHIBIT C STREETS TO BE AVOIDED WITHOUT CITY CONSENT 1. Central Avenue 2. Railroad Avenue 3. First Avenue 4. Second Avenue 5. Fourth Avenue EMI?:BIT C EXHIBIT D TEMPORARY FACILITIES TO BE USED BY METRO 1. South Sewage 'Treatment Plant including 1964 modifi- cations thereto. 2. Effluent Pumping Station and Outfall Sewer from South Sewage Treatment Plant. 3. Sewage Treatment Lagoon and Outfall. 4. Winner Street Pumping Station and Force Main. 5. Willow Street Pumping Station and Force Main. EXHIBIT D STATE OF WASHINGTON ss. COUNTY OF KI14G On this day of 1967 , before me personally appeared ALES THOMTON and i4ARIE JENSEN, to me known to be the Aayor and City Clerk respectively, of the City of Kent, Washington, a municipal corporation , and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. 114 41IT'1.4ESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary" Pubiic in and for the ,State of t"id'shington, residing at STATE OF WASHINGTON ss . COUNTY OF KING On this 1967 , before me _&�day of personally appeared C. CAREY D0"44ORT11 and 14ARALYN SULLIVAN, to me known to be the Chairman of the Council and Clerk of the Council respectively, of the il-lunicipality of :'Metropolitan Seattle, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1ytary Public in and for the State ,�6f Washington, residing at Seattle MUNICIPALITY OF METROPOLITAN SEATTLE 410 W. HARRISON STREET SEATTLE, WASHINGTON 96119 AT 4-5100 April 12, 1966 r:'L,1ie honorable Mayor and City Council City o2 -,Cent City Hall Kent, Washington 98031 Gentlemen: Agreement for Sewage Disposal Following the conference between members of Metro' s Capital Improvements Committee and Mayor Thornton, City Engineer Sherwood, City Attorney Bereiter and Consulting Engineer Chase on April 7, the Metro staff was directed by the Metropolitan Council to pre- pare a revised Agreement for Sewage Disposal with the City of Kent. We have prepared such agreement and enclose same herewith. she revised agreement provides for the design changes in the west Valley Trunk Sewer recommended by Consulting Engineer Chase and for the payment by Metro of the entire cost thereof as estimated by Mr. Chase. The agreement also provides for a minimum five-year period of sewage disposal charge credit for the City as requested by Mayor Thornton. _The_ _cost of the West Hill Trunk Sewer recited in Section __11 has been corrected to cover only that portion of such trunk to be acquired by Metro and is in accordance with fig- ures submitted by the City Engineer and Consulting Engineer. if this agreement is satisfactory to the officials of Kent and is approved and executed, Metro will provide, operate and maintain a portable 600 g.p.m. capacity pump for use in pumping sewage from The Boeing Company's new Kent Space Center to the existing sewage lagoon of the City so that service to this new facility may be expedited. If the agreement is approved,, please execute all five of the en- closed counterpart copies and return tire, to us for presentation to the Metropolitan Council. Please furnish us with two certified The Honorable Mayor and City Council City of Kent April 12, 1966 Page Two copies of the ordinance authorizing execution of the agreement. A suggested form of the required ordinance was previously fur- nished to Mr. Bereiter. Very truly yours, C. Carey Donworth Chairman of the Council CCD:ms Enclosures cc: Mr. Glen Sherwood Mr. Jack Bereiter Hill & Tngman Mr, James R. Ellis Mr. Fred E,. Lange METRO �c municipality of metropan eattle Ja y nu ar 10 , 1977 CHAIRMAN C.CAREY DONWORTH `- AUBURN STANLEY P.KERSEY BELLEVUE �aK NANCY RISING Honorable Mayor Isabel Hogan M.F.(MEL)VANIK City Of Kent KENT Kent Municipal Building r '1 ISABEL HOGAN Kent, Washington 98031 KIRKLAND ROBERT L. NEIR Dear Mayor Hogan: NIFRCER ISLAND AUBREY DAVIS,JR. Willis Street Pumping Station And Force Main REDMOND SELWYN L. (BUD) YOUNG Reference is made to the Basic Agreement entered into be- RENTON tween the City of Kent and Metro in May of 1967 , and es- CHARLES DELAURENTI pecially to the provisions dealing with the temporary fa- SEATTLE cilities to be used by Metro as listed in Exhibit "D" . WES UHLMAN Section 11 on page 13 of that Agreement states: GEORGE BENSON Tim HILL PAUL KRAABEL "The right of Metro to use any portion of such PHYLLIS LAMPHERE WAYNE D.LARKIN facilities shall expire at such time as Metro JOHN R.MILLER shall no longer require the use of such portion RANDY REVELLE SAM SMITH Metro shall have the right to remove any JEANETTE WILLIAMS equipment in the facilities described In Exhibit OTHER (InES "D" which in the judgment of Metro' s Executive EDWARD WATTON Director is useable or useful to Metro and K(NG COUNTY otherwise such facilities shall be returned to JOHN D.SPELLMAN the City in as is condition upon expiration of PAUL GARDEN RUBY CHOW use by Metro. " ROBERT B.DUNN R. R. (BOB) GREIVE MIKE LOWRY DAVE MOONEY The recently completed Auburn Interceptor has eliminated TRACY J.OWEN BILL REAMS the use of Item 5 in Exhibit "D" , incorrectly called the BERNICE STERN Willow Street Pumping Station therein which should be the UNINCORPORATED Willis Street Pumping Station and Force Mains. By this AREAS NAOMIE BULLOCH RELLA FOLEY JOHN FOURNIER,JR. PAUL NANASSY, JR. JIM SHAHAN A.DEAN WORTHINGTON SEWER DISTRICTS HANFORD B.CHOATE w E%ECUTIVE DIRECTOR RICHARD S.PAGE Pioneer Building 600 First Avenue Seattle, Washington 98104 447-6666 Honorable Mayor Isabel Hogan City of Kent January 10 , 1977 Page Two letter, Metro is turning all use and control of the facilities back to the City of Kent as of January 12, 1977. If there are any questions or comments, please contact us. Thank you again for the cooperation and courtesy shown to the Metro staff by the City of Kent throughout this whole project. Very truly yours, Charles Henry Acting ExecutivW)Director CJH:rds cc: G. Isaac r1 . . TRo P Municipality of Metropolitan Seattle Exchange Bldg. • 821 Second Ave.,Seattle,VVishington 98M June 14 , 1978 Mr. G. W. Ulett Director of Public Works City of Kent P.O. Box 310 Kent, Washington 98031 Dear Mr. Ulett: Monetary Requirements for 1979 Pursuant to the Agreement for Sewage Disposal between Metro and its component agencies , by Resolution No. 2998 adopted June 12, 1978, the Metro Council fixed and determined the total monetary requirements for the disposal of sewage for the calendar year 1979 . Please find attached copies of that resolution and the Water Pollution Abatement Budget for the calendar year 1979 . If you have any questions, please call me at 447-6557. Very truly yours, a� 0 Carl A. Johan n Clerk of the Council CAJ: lo Attachments RECEIVED CITY ENGINEER JUN 15 19-4 AM PM 7,8,9,14,11,12,1,C),3,4,5,6 4 RESOLUTION NO . 2997 A RESOLUTION of the Council of the Municipality of Metropolitan Seattle adopting a budget for the calendar year 1979 for the performance of the water pollution abatement function . WHEREAS , RCW 35 . 58. 410 requires that on or before the third Monday in June of each year the Municipality of Metropoli - tan Seattle adopt a budget for each authorized metropolitan function for the following calendar year; and WHEREAS, the Water Quality and Finance/Personnel Committees of the Municipality have prepared a recommended budget for the water pollution abatement function as required by Resolution No . 6, adopted November 6, 1958 ; and WHEREAS, the Council has considered the budget recommended by such Committees and determined to adopt same as the water pol - lution abatement budget of the Municipality for the calendar year 1979; NOW THEREFORE, BE IT RESOLVED by the Municipality of Metropolitan Seattle as follows : The following water pollution abatement budget is hereby adopted for the Municipality of Metropolitan Seattle for the calendar year 1979 : RECEIPTS Sewage Disposal Charges $ 19, 109, 000 Interest Revenues 2, 800, 000 TOTAL RECEIPTS $21 ,909, 000 OPERATING EXPENSES Transmission and Treatment $ 9, 073, 000 Management and Administration 2 , 670, 000 TOTAL OPERATING EXPENSES $ 11 , 743,000 BALANCE OF RECEIPTS AFTER OPERATING EXPENSES $ 10, 166, 000 DEBT SERVICE REQUIREMENTS $ 8,472, 000 RESERVATION OF FUNDS - BETTERMENT RESERVE $ 750 ,000 TOTAL AVAILABLE FUNDS - CURRENT YEAR $ 944 ,000 TOTAL AVAILABLE FUNDS - BEGINNING OF YEAR $29, 554 , 000 GRANT RECEIPTS $ 3, 420, 000 BETTERMENT RESERVE $ 750, 000 TOTAL AVAILABLE FUNDS $34 , 668, 000 CAPITAL EXPENDITURES $ 7 ,859, 000 TOTAL AVAILABLE FUNDS - END OF YEAR $26 ,809, 000 ADOPTED by the Council of the Municipality of Metropolitan Seattle at a special meeting thereof held on the 12th day of June, 1978. C. Carey Do orth Chairman of the Council T'EST: Carl A Johansen Clerk ofUe Council Resolution No . 2997 - Page 2 I, CARL A. JOHANSEN, Clerk of the Council of the Municipality of Metropolitan Seattle, DO HEREBY CERTIFY that the foregoing resolution is a true and correct copy of Resolution 2998 of said Council duly adopted at a special meeting thereof held on the 12 day o. June , 1978 , signed by the Chairman of such Council in attendance at such meeting and attested by the Clerk of the Council in authentication of such adoption. Carl A Johansen Clerk of the Council Dated: 1 Tilne 197A i ! E I I, CARL A. JOHANSEN, Clerk of the Council of the Municipality of Metropolitan Seattle, DO HEREBY CERTIFY that the foregoing resolution is a true and correct copy of Resolution 2997 of said Council duly adopted at a special meeting thereof held on the 12 day of June 1978 , signed by the Chairman of such Council in attendance at such meeting and attested by the Clerk of the Council in authentication of such adoption. Carl A. ohansen Clerk of the Council Dated: 13 June 1978 RESOLUTION NO . 2998 A RESOLUTION of the Council of the Municipality of Metropolitan Seattle determining total monetary requirements for sewage disposal for the calendar year 1979 . WHEREAS , the Agreements for Sewage Disposal between the Municipality and its component agencies require that prior to July 1st of each year the Municipality determine its total monetary requirements for the disposal of sewage for the next succeeding calendar year; and WHEREAS, the Council of the Municipality has considered all of the cost elements necessary to determine its total monetary requirements for the calendar year 1979; NOW, THEREFORE, BE IT RESOLVED by the Council of the Municipality of Metropolitan Seattle as follows : Section I . The total monetary requirements for the disposal of sewage for the calendar year 1979 are hereby fixed and determined as follows : Administration , operation , maintenance, $ 11 , 743,000 repair and replacement Establishment and maintenance of necessary 109,000 working capital and reserves Requirements of Revenue Bond resolutions 6, 422 ,000 ( not included in above items and net of interest income ) General administrative overhead ( I % of 183,000 the foregoing ) TOTAL $ 18, 457,000 Section 2 . Prior to July 1 , 1978, a copy of this reso- lution shall be delivered to each component agency having an agreement for sewage disposal with the Municipality . ADOPTED by the Council of the Municipality of Metro- politan Seattle at a special meeting thereof held on the 12th day of June , 1978 . C. Carey DonvYorth Chairman of the Council ATTEST: Carl A. Johansen Clerk of he Council Resolution No . 2998 - Page 2 RESOLUTION NO. 918 A RESOLUTION; of the Council of the Municipality of Metropolitan Seattle authorizing the execution of a contract for sewage disposal with the City of Kent. Z WHEREAS, the -Municipality of Metropolitan Seattle has heretofore adopted a comprehensive plan for the disposal of sewage for the P-'etropolitan Area and areas adjacent thereto; and WHEREAS, it has determined that the accuisition, con- struction, operation and maintenance of the facilities recuired to carry out such plan is feasible; and WHEREAS, in order to carry out said plan it is necessary and desirable that contracts be entered into with those cities and sewer districts desiring to deliver their sewage to the Metropolitan Sewer System for disposal ; and WHEREAS, the Municipality has considered the terms and conditions incident to the acceptance of sewage from the City of Kent for disposal ; NOW, THEREFORE, BE IT RESOLVED by the Council of the Municipality of Metropolitan Seattle as follows : Section 1 . That the Municipality shall enter into an agreement with the City of Kent providing for the disposal of sewage collected by the City and that such agreement shall be substantially in .the form of Exhibit "A" attached hereto and by this reference made a part hereof. Section 2. That the Chairman anC Clerk of the Council be and they are hereby authorizes: and directed to execute such agreement for and on behalf of the N".unicipality. ADOPTED by the Council of the Municipality of Metropolitan Seattle at a regular meeting thereof held on the 18th day of May, 1967 . C. Carey D=.,orth Chairman: of the Council ATTEST: Maralvn Sullivan Clerk of the Council I, MARALYN SULLIVAN, duly selected, qualified and Clerk of the Council of the Municipality of Metropolitan Seattle, DO HEREBY CERTIFY that the foregoing resolution is a true and correct copy of Resolution No. / of said Council duly adopted at a regular meeting thereof held on the day of l'L a., 19 signed by the Chairman of such Council in attendance at such meeting and attested by myself in authenti- cation of such adoption. /���,�c...�L..c�- -t.�,�'c.-�.�-.mac-✓ ;Clerk RESOLUTION NO. 940 A RESOLUTION of the Council of the Municipality of Metropolitan Seattle authorizing the execu- tion of an amendment to the contract for sewage disposal with the City of Kent, Washington. WHEREAS, the Municipality has entered into an agreement with the City of Kent, Washington, as of May 18 , 1967 , providing for the disposal of sewage collected by the City; and WHEREAS, the Economic Development Administration has requested that said contract be air.ended to qualify for the federal grant moneys contemplated in said agreement to be received by the City; NOW, THEREFORE, BE IT RESOLVED by the Council of the Municipality of Metropolitan Seattle , as follows : That the Municipality shall enter into a First Amendment to Agreement for Sewage Disposal with the City of Kent, Washington., substantially in the form of Exhibit A attached hereto and by this reference made a part hereof, and that the Chairman and Clerk of the Council be and they are hereby authorized and directed to execute such agreement for and on behalf of the Municipality. ADOPTED by the Council of the Municipality of Metropolitan Seattle at a regular meeting thereof, held on the 15th day of June, 1967. /s/ C. Carey Honvorth C. Carey Donworth Chairman of the Council ATTEST: /s/ rfara'lyn Sulliv= Maralyn Sullivan Clerk of the Council MUNICIPALITY OF 11ETROPOLITAN SEATTLE - CITY OF KE14T FIRST AMENDMENT TO AGh'LEiMENT FOR S};„AGE DISPOSAL As of this day of 1967 ; the City of Kent, Washington, a Municipal Corporation of the State of Washington, (hereinafter referred to as the "City") and the Municipality of Metropolitan Seattle, a Municipal Corporation of the State of Vashington, (herein- after referred to as "Metro") , in consideration of the mutual covenants of the parties , do Hereby agree: Section 10 of that certain agreement for sewage disposal, dated as of May 18 , 1.967 , between the City of Kent, Washington, and the 'Municipality of T.etropolitan Seattle, is hereby amended to read as follows: Section 10 . O_peration_,_':ai_ntenance and Use by Metro o � e_tropolitan Trunk Sewers Constructed 'hy the Cite, -The City covenants that, =.aitrin tiiirtyy (30) days following completion by the City of con- struction of. the Ietropolitan Trunk Sewers described in Section 9 and their connection to the "letropolitan Se�•rerage System, said sewers shall be free and clear of all. encuribrances and shall not thereafter be subject to any encumbrances or to any covenants by the City, other than those set forth herein . Immediately upon such connection , '•letro shall have the sole duty and obligation to operate, maintain, repair and replace such trunk sewers, shall have the right to enforce warranties of the contractor or contrac- tors building saazie, and shall have the exclusive right to use said trunk sewers for the transportation of sewage collected -withinwithin or without the City, subject to the right of the City to deliver. Cite sewage thereto as provided herein upon payment of sewage disposal charges there- for and subject to the right of the City to jointly use said sewer as City trunk sewers, upon approval by Metro of the man- ner and location of local City sewer connections thereto. ' For the right to use the Metropolitan Trunk Sewers to be constructed by the City, Metro shall pay to the City an amount equal to the construction cost of such sewers less the appropriate proportion of the Economic Development. Administration grant applicable to such cost received by the City. Such ap- propriate proportion shall be a fraction, the numerator of which shall be the construction cost of such Metropolitan Trunk Sewers and the denominator of which ` shall be the total actual sewerage faci- lity costs to which the contemplated Economic Development Administration grant shall apply. Construction cost, as used in this paragraph only, shall include payments to the contractor or contractors and any taxes applicable to such construction, but s:lall exclude engineering desinn and inspection fees, costs of right of way acquisition, and legal costs directly incident to the ac- quisition of right of way therefor. The cost of connections of suc i trun;% sewers necessary to intercept presently eNisting sewerage facilities of the City shall be considered to be part of the construction cost of such sewers. ' Payment of such costs, including progress payments, shall be made by '.Ietro to the City during the construction period and thereafter upon completion of- construc- tion within thirty (30) days following receipt of notification of the approval of such payments by the City and its con- sulting engineers. ' Any claims between the contractor and the City ar_isin7 out of suc,i construction and any claims by property o:ti:zers or other third parties against the contractor and/or the City, arising out of such construction shall be prosecuted or defended by the City. Metro will pay one-half of the cost of such defense or prosecution and one-half of the a-nount of such claims paid by the City, provided that L"etr_o shall first approve in writing the settlement of any such clai-ims before payment is made. ' The above payments shall constitute full and complete payment by `4etro for the right to use such "4etropolitan Trunk Sewers. " IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement for Sevage Disposal , as of the day and year first above written. CITY OF KENT, Tr;ASHING`1'ON By--------- -- Mayor ATTEST: C ti y MUNICIPALITY OF _11GTROPOLITAN SEATTLE By___,________V__-- C. Carey Dont�orth , Chair aan of the Council ATTEST : Ti ralyn Sullivan , -- -- Clerk of the Council STATE OF WASHINGTON) ss. County of King ) On this day of 1967 , before me personally appeared ALEX THORNTON ar3 "iPRIE JENSEN, to me known to be the i4ayor and City Clerk , respectively, of the City of Kent, Washington, a municipal Corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said cor- poration. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and _year first above written. Notary Public in and for the State of Washington, residing at_ STATE OF WASHING`1'ON) ss. County of Kind ) On this day of , 1967 , before me personally appeared C. CARiY DU-T ORT11 and �inRALYN SULLIVAN , to me knovni to be the Chairman of the Council and Clerk of the Council , respectively, of the .'Municipality of :Metropolitan Seattle , a :Municipal Corporation, and acknowledges: the within and foregoing instrument to be the free and voluntary act and deed of said corporation , for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNIESS t•;H .PJ-OF, I have hereunto set my hand and affixed my official seal the day and year first above writ- ten. Notary Public i uuci for_ tiie State of Washington , residing at Seattle I, MARALYN SULLIVAN, duly selected, qualified and Clerk of the Council of the Municipality of Metropolitan Seattle, DO HEREBY CERTIFY that the foregoing resolution is a true and correct copy of Resolution No. 46 of said Council duly adopted at a regular meeting thereof held on the /S day of e 19 signed by the Chairman of such Council in attendance at such meeting and attested by myself in authenti- cation of such adoption. Clerk PRESTON,THORGRIMSON, HOROWITZ, STARIN & ELLIS HAROLD PRESTON-1936 O © THORGRIMSON-1950 ATTORNEYS AT LAW FRANK M PFiESTON 2000 I B M B'JIL71r., [:HAR LES I10 R';WiTZ R—ARD THCR PIMSON SF.ATTLE,WASHIN CTON 95101 -Et.Ec�.. Ec:•+A PD —11,1N - MA Y 3 �..50 JAMFS r F1-..> - A-:r:A 201, CIFi TY Fl Il.F T(IIER .It',t1N ,, 1, ;.�1�1.,� 12 , 19 G 7 130111111N1u -1111f R r. T st_ rt.iter t.t�.C a r City or I':ont- Icnicipality of :'Ietrat�ol-ita:� ' ��3t tle i)ear Joi:Tl : t7 F,.•ncloseu }Tease fine six counterpart originals 011t'_ cc.),.)-v for '.7t)ur office USC Of proposer( a (t"";' :1 'nt {' ':•Tiln_' ii. r� >al tti:f�en the City of cent anu r 7 '•rl )7r�1-:r�2U' Aetro'.)olita'1 attic . i_le agreement z: n(, . 1_1. r t _.ack nc" tile-h engineers and :;tafI Or t}:o Clt7 '^' Tiie agreement should tie autnori-ze(I or,, -nanc-e or resolution of tie council and all six colz,+t r:)art o7-i.��na1 - executed an(; :acknowledged before a notar-,,. '.,'lien thi -n accoruli:aaed, ,rill �-ou t)lease return all six counter; ,r-t ori- ginals and two certified copies of the authori zing ordinance to us . ;e viould like to have these documents in our not later tilrlil May 17 for presentation to tide etro Council at tile regular meeting of. Aay 18. Your courtesy and cooperation during these lengthl-7 and sometimes trying negotiations has been very much !Eest personal regards. Yours very truly, PRE STON FTIIORGRI'4SOLd , HOBO dITZ , STARIN & LLLIS By ,3ame:; R. Ellis do encls (7) � jAE TR��'y 410 WEST HARRISON STREET SEATTLE, WASHINGTON 98119 ATwater 4-5100METRO � n Metropolitan Council G:r i May 22, 1967 Chairman C.Carey Donworth SEATTLE Mayor J.D.Braman The Honorable Mayor and City Council Councilmen City Of Kent Paul J.Alexander City Hall Ted C.Best Charles M.Carroll Kent, Washington 98031 Ray L.Eckmann Mrs. Harlan H.Edwards Gentlemen Clarence F. Massart Floyd C.Miller Agreement for Sewage Disposal M. B. Mitchell Edward F. Riley Enclosed for your files is one fully executed counter- BELLEVUE part copy of the above agreement, as well as two Councilman conformed copies. We are also enclosing a certified Kenneth A. Cole copy of Metro Council Resolution No. 918 authorizing KIRKLAND such agreement. Councilman Albert A. King We are looking forward to working with you in the years to come. To assist you in preparing the initial custo- MERCER ISLAND mer reports, Gordon Burt and Jack Hakala will meet with Mayor your administrative staff in the near future. Cleveland Anschell REDMOND Charles Henry and Charles Zickefoose of our Operations Mayor Department are planning to meet with Glen Sherwood to Gerhardt C. Graep coordinate the transfer of maintenance and operation responsibilities. RENTON Mayor please let me know if we can be of any additional service. Donald W. Custer SMALLER TOWNS Francis E. Holman Very trYy yours, e , Mayor,Lake Forest Park KING COUNTY Commissioners (;jltirl e$ Gibbs Ed Munro Executive Director John D. Spellman UNINCORPORATED AREAS CVG:ms A.Dean Worthington c o a Executive Director Charles V. Gibbs CLEAN WATERS CLERK ��% METRO 5 A976 municipality of metropolitan seattle _REC �110 January 13 , 1976 CHAIRMAN C.CAREY DONWORTH A U F3 U R.N, REGISTERED MAIL STANLEY P.KERSEY [ii LL E V U F. Mr. Joe Street RicHARD M. FOREMAN City Administrator M.F.(MEL)VANIK City of Kent K;7,`1j-r Kenty City Hall ISABEL HOGAN Kent, Washington 9 80 31 AUBREY DAVIS,JR. Dear Mr. Street:--..-- SELWYN L. "BUD" YOUNG Return of Sewage Treatment Lagoon and Outfall AVERY GARRETT As you are aware, Metro has been operating and maintaining WES UHLMAN the Kent sewage lagoon since 1967 to insure the availability GEORGE BENSON Tim HILL of emergency sewage treatment facilities . Representatives PAUL KRAABEL of the City of Kent have inquired on several occasions PHYLLIS LAMPHERE WAYNE D.LARKIN when Metro would be able to relinquish the facility, and JOHN R.MILLER recent studies by Metro staff suggest this is an appro RANDY REVELLE SAM SMITH priate time to do so. JEANETTE WILLIAMS Please be advised that pursuant to Section 12 of the basic ROBERT L. NEIR sewage disposal agreement between the City of Kent and Metro dated May 18 , 1967 Metro no longer requires the JOHN D.SPELLMAN PAUL BARDE use of the Kent sewage lagoon and outfall and desires N RUBY CHOW to return those facilities to the City. Accordingly, ROBERT B.DUNN effective on the 6th day of February, 1976 , Metro shall THOMAS M.FORSYTHE EDWARD HEAVEY and does return the possession of such facilities to the DAVE MOONEY City and shall no longer be responsible for their main TRACY J.OWEN BILL REAMS tenance and operation. BERNICE STERN In accordance with Section 12 of the basic agreement, Metro A P EA,� MARJORIE ARNOLD also intends to remove certain equipment from the lagoon L.THOMAS ECKSTRAND site prior to said date as itemized on the accompanying JOHN FOURNIER,JR. list. Metro will notify the City as soon as its salvage JIM SHAHAN A.DEAN WORTHINGTON operation is completed and the City then will be free to make such use of these facilities as it may desire, SEWER DISTRMS including disposition thereof. HANroRD B.CHOATE EXECUTIVE DIRECTOR RICHARD S.PAGE Pioneer Building - 600 First Avenue - Seattle, Washington 98104 - 447-6666 Mr. Joe Street January 13 , 1976 Page Two Metro' s return of these facilities should not be construed to affect the City' s obligation under Section 12 to separate its storm and sanitary sewage in certain areas of the City " . . . at the earliest practicable date . " However, we recognize that the City' s recent infiltration/ inflow analysis determined that separation was not cost effective at this time. Metro' s 201 and 208 planning studies , once completed, may indicate the need for future separation work and we would be pleased to discuss separa- tion alternatives at that time. Please arrange for the execution of the attached copy of this letter by the appropriate City official accepting and approving the terms and conditions stated above. Very truly yours , �7 Theodore W. Mallory Acting Executive Director�r TWM:rhd Enclosure r ITEMS TO BE REMOVED FROM KENT LAGOON Code call horn Scales in C12 room Gas Heater in C12 room Sump pump Fire extinguisher Incubator Metrotel alarm system Both totalizers BIF File cabinet Effluent pumps and motor starters Switch gear as determined - timers, etc. Effluent check (Kennedy) valves Deep well pump - Jacuzzi type Extended shaft pump by building North Kent : Emergency generator outlet Fire extinguisher All three Gorman Rupps complete base and all, starters Storage cabinet Air compressor Power transformers �n ------ccuntc�parts of MUNICIPAWY CV AEIRQU� i 3 SPA Fr vy AGREEMENT FOE SIWAG" PISPGSA1, THIS AGREEMENT made as of thib 1966, between the CITY OF KENT, a municipal corporation of the State of Washington, hereinafter returiod to as the "Clti-" ? aInd the MUNICIPALITY OF METROPOLITAN SEATTrh, a mnAicipal corporation of the State of Wasbingtor . hareine0n W I T N E S S F T H: WHEREAS, the puhlic health , wellore and safety of tht:i residents Of the City 5ud ..u " development of adequate systc7b Z& c _alp Iran and disposal, the elimination of water pollation arl tyc preavivation nf the fresh and salt water resources of the arna; an- WHEREAS, Metro is engaged ja devclaping and operating a Metropolitan Sewage Disposal S,st-n 3rd the City is epgaged in developing a sewage collection system for the City; and WHEREAS, the City desites to Wive" sewage collected by the City to Metro for disposal ; aOl WHEREAS, to provide fat test disponaL hy Aetwo at sewage collected by the City it is WCUSSaVY thar a oontiact bE now entered into establishing nexLalc rijrLs ail jut "Os of the parties- incident thereto; NOW, THEREFORE, j , tto Vatual covenants contained herein, it is neref! a9le0d t0lr "r:s Section 1 . Detioltion Ui Tulmo , TiO folllniDy WOM and phrases used in this contract shaii have rue meanings herein-- after set forth in This "Octimn ' a) The wc r d,�, eh a n& I Comprehensive Sewage DisposA pj,, 23 of the Municipality of Hetralmlifd ! Liv 0-1 all WMmants thereof heretofore or hereafter adopted. b) The words "'•Ietropolitan Sewerage System" shall mean all o6 the facilities to be constructed, acquired or used by Metro as a part of the Comprehensive Plan. The Metropolitan Sewerage System shall generally include sewage disposal facilities with capacity to receive sewage from natural drainage areas of approximately one thousand acres or more. The Metropolitan Sewerage System shall thus include✓ trunk or interceptor sewer facilities extending to a point within each tributary and natural drainage area, where not riore than one thousand acres remain to be served beyond the upper terminus of such trunk or interceptor sewer. c) The word "Participant" shall mean each city, town, county, sewer district, municipal corporation, person, firm or private corporation which shall dispose of any portion of its sanitary sewage into the ':Metropolitan Sewerage System and shall have entered into a contract with _Ietro providing for such disposal. d) The words "Local Sewerage Facilities" shall mean all facilities owned or operated by a Participant for the local collection of sewage to be delivered to the Metropolitan Sewerage System. e) The words " Ietropolitan [area" shall mean the area contained within the boundaries of the Municipality of :Metropolitan Seattle as now or Hereafter constituted. f) The words "Residential Customer" shall .lean a single family residence billed by a Participant for sewerage charges. Section 2. Delivery and acceptance of Sewage. The City shall deliver to Aetro all of the sewage and industrial waste collected by the City and ::Metro shall accept the sewage and waste delivered for treatment and disposal as hereinafter provided subject to such reasonable rules and regulations as may be adopted from time to time by the Metropolitan Council . Metro shall not directly accept sewage or waste from any person, firm or private corporation which is located within the boundaries of or is delivering its sewage into the Local Sewerage Facilities of the City without the written consent of the City. Section 3 . Construction of Metro Facilities. Except as hereinafter provided for the West Valley Trunk Sewer, Metro shall construct, acquire or otherwise secure the right to use all facilities required for the disposal of sewage delivered to Metro pursuant to this Agreement and shall perform all services required for the maintenance, operation, repair, replacement or improvement of the Metropolitan Sewerage System, including any additions and betterments thereto. Except as hereinafter provided for the West Valley Trunk Sewer, Metro shall in its sole discretion determine the nature, location and time of construction of facilities of the Metropolitan Sewerage System. Section 4 . Connection of Local Sewerage Facilities to the Metropolitan Sewerage System. Local Sewerage Facilities of the City shall be connected to the West Valley Trunk Sewer and the Metropolitan Sewerage System at such time as the West Valley Trunk Sewer and any of the permanent facilities of such Metropolitan Sewerage System shall be available to receive sewage collected by such local facilities. Such connections shall be accomplished at the expense of the City and in accordance with the rules and regulations of Metro at such point or points of connection as shall be determined by Metro. The City shall secure and pay for the right to use any Local Sewerage Facilities of another Participant which may be required to deliver any part of the City" s sewage to the Metropolitan Sewerage System. 3 Section 5. ent for sewaqe.' D For the disposal of sewage hereafter collected by the City and aeuvered to Metro the City shall pay to MUM On Or tefore the last day of each month during the term of this agreement, a sewage disposal charge determined as provided in this Sectien 9, 1. For the quarterly periods evaing March 31, June 30, September 30 and December 31 of each Yea" every Participant shall submit a written report to Metro se,tIng forth ta) the number of Residential Customers billed by such Partnc"Pant fOr local sewerage charges as of the last day of the quarter , 1b) the total number of all customers billed by sucki ParticipaPt as of such day and (c) the total water consumption during such qaaryer for all customers billed by such Participant other than Residential Customers. The quarterly water consumption report of the City shall be taken from water meter records and may be adjusted to exclude water which under the rules and regulations of Metro need not and in fact does not enter the sanitary facilities of a customer� Where actual sewage flow from an individual customer is metered, the metered sewage flows shall be reported in lieu of adjusted water consumption., The total quarterly water consumption repOlt in cubic feet shall be divided by 2,700 to determine the number oi Flex dential Customer equivalents represented by each PaLticip6nt ' s customers other than single family residences, Metro shall maintain a permanent record of the quarterly customer reports fiam each participant The City' s first quarterly report shall cover the first quarterly period following the date hen sewagc is titst delivered to Metro and shall be submitted .,Ityjn thirty days tollow&g the end of the quarter , Sonceedl,way rapotts sbwjl he made for each quarterly period thereafter, and shall be submitted within "ItY (30) days following the end of the qua ital: 4 2 . a To 10im 0 OVAS lyl ' "Wage disposal charge fn he Paid A covI during any partirular, quarterly period , Aotxn Vill ancit ' 115 ! I " nm!Qx " "Identlal Customers and Residup' nal tasynmW tWu& e" � -f -anh park'"Pant , This deterlMnatiOn shall be made ny taKlrp the sun Of the actual number of Residential Co to rW-1100 Os "f the tint day of the next to the last prenading qnnt '"1 ,14 r"a r Ot: Residential Custn=y cq&vnKnvn POT Aqny 1 -1 zapnrTna ior the four quarters end=g with said next to Vow jant CL. ccding qaarter, adjusted for each paltic ,10vt f, vi o.512.n,nal Customers C,,t,,,, ;-wage is delivered to a governmenLal agency othex than Matra or nthu , tnap, a Fartialpant for disposal outside 01 the metropolitan r 'o-, ,„ {-_v � e'8uz determined is here inattal cajled Abe "basic japorLed namber . '' b) par Lbe Wifial period ark ' ' kha CXy shall have submitted six consecutive quarLerly rep.r " no halic ryontrad number of Residential WsWmeln and Lvs "091101 "s "zin" w1alvajents of Lhe City shall he detetmo "vd an 91 = 000 in thl, nabpdragraph ST . On or before the tenth daY nt ,,q ,,tn K� qfo", ng w1um thr monLh pziar to the month in which sewage trom the Cjtj ) s QrnL deLtUCTOd Metro, the City whal ! subm" t 0 wl " ! " Y""Ons " the number a f Residential Customers ond Fe"Ayr st" I rusimpal aq, ldlynts estimated to be billed by the city durIng thy Ocut "non" 109 mcnth - For the purposh of determining the hosic repotted noM)wu Of r.de Customers or Residential Custom es equ, volnntr of the City for such next succeedjug montb , Metro m, ? aL dlc �rvtiry al"Pt such estimate or the wMQ64 Nly;4 " ' " '"ets and Residential Cuntomay nqu ylt,nt ; W� QPO :0 vw . " (, an W the last day of the next In tb" Wt Mv,Wog Wcrpl , After the City shall havo Warshad sty �Onv " rly roPnxts the basic reported number of Residential Customers and Residential Customer equivalents of the City shall be determined as provided in the immediately preceding subparagraph (a) . c) If the City shall fall to submit the required monthly and/or quarterly .reports when due, Metro may make its own estimate of the number of Residential Customers and Residential Customer equivalents of the City and such estimate shall constitute the basic reported number for the purpose of determining sewage disposal charges. d) The basic reported number of Residential Customers and Residential Customer equivalents of the City shall be further adjusted by adding thereto twenty-five per cent (25%) of the number of Residential Customers or Residential Customer equivalents of the City located outside the present boundaries Metro. The sum thus determined is hereinafter called the "adjusted reported number. " If all of the area located within the City or any area located outside the City and served into its Local Sewerage Facilities shall be annexed to Metro after the date of this agreement the twenty-five per cent additive adjustment shall be eliminated as to the number of Residential Customers or Residential Customer equivalents located within such annexed area. The adjusted reported number of Residential Customers and Residential Customer equivalents of the City shall be the number of Residential Customers and Residential Customer equivalents reported by the City for the purpose of determining sewage disposal charges pursuant to Paragraph 3 of this section. 3. The monthly sewage disposal charge payable to Metro shall be determined as follows : a) Prior to July lst of each year "Metro shall determine its total monetary requirements for the disposal of sewage during the next succeeding calendar year . Such requirements shall include 6 the cost of administration, operation, maintenance, repair and replacement of the Metropolitan Sewerage System, establishment and maintenance of necessary working capital and reserves, the require- ments of any resolution providing for the issuance of revenue bonds of Metro to finance the acquisition, construction or use of sewerage faiclities, plus not to exceed 1% of the foregoing require- ments for general. administrative overhead costs, b) To determine the monthly rat�_ Rc,,;S:,';dential_ Customer or Residential Customer equival,(.'ant t tie ii,sed durling said next succeeding calendar year, the total- monetary requirements for disposal of sewage as determined in so,'oparagraph 3 (a) of this section shall. be divided by twelve and the resulting quotient shall be divided by the total number of Residential Customers and Residential Customer equivalents of al.l. Part icci.pants for the October-December quarter preceding said July Ist; provided, however, that the monthly rate shall not be less than, Two Dollars ($2. 00) per month per Residential Customer or Residential Customer equivalent at any time during the period end zng .;uly 31 , 1972 c) The monthly sewage disposal charge paid by each Participant to Metro shall be obtained by mul-tiplyi.ng the monthly rate by the number of Residentia.l Customers and Residential Customer equivalents of the Participant . An additi,onal, charge may be made for sewage or wastes of unusual qijajity or composition requiring special treatment, or, Metro may require pretreatment of such sewage or wastes. An additional charge may be rude for quantities of storm or ground waters entering those Local Sewerage Facilities which are constructed after` January 1 , 1961 , in excess of the minimum standard established k,.x the "I i, r,,j I le;s and regulations of Metro. 4o A statement of the amouat. of the mo'nthly sewage disposal charge shall be submitted bY to each Participant on or before 7 the first day of each roontil and PaYWt,!r�f st rjk- shall-ichl, cha a be due on the last day of such mon.th It : T;kj ��jj, jrqE. �yj, pert on thereof due to Metro shall remain unpaid for f jtteei_ days following its due date, the Part i,,cipant sha"' I bf-,, chaZqed wich and pay to Metro interest on the amount urpai.d fiom its due date- until pa:,d at the rate of 6% per annum, and metxo may, upon the failure of any ,;c, -medil available Part ic i F,,ant- to at law or equity PP- D 5 , The Cily irre I,`Tcdb,',Y b,I pay its sewage disposal (_',barge t7lT the sewer o system of the City , "he Clt,Y t0t c, est.abl, sh, ' maintain and collect, clharges for will a t all times be suffIcient to pay all costs --t.n d npe:L a t ion of the sewer system. of the City, ancludkcxg the sewaqe� disposal -,e_( �ar_j t� the principal charge payable to Metro I C, of and interest on any revenue bonds the City which shall con- stitute a charge upon such gross r it is recognized by a, paid by the Metro and the City that tl)E� City to Metro shall constitute an and operation of the sewer system of the Citv , plovide in the issuance of future sewet revi�,nue 11-�,o;rlrl'- Ot tt"IV,; that expenses i - of maintenance and operatiol, ',,-f the bewC,-,r sr steel ')t t -he' City shall be paid before payulent Of ""f such bonds,, The City sball. have, the rig�4t t 'C fIF, Its c)wn, scbedule of rates and charges for sewer serv- .�e pi,ovlded that same shall produce revenue sufficient to me& in this Agreement, Section, 6 Re,,-pon_ b 1 1 be responsible f,,--)T- the dcliVeIvl System of sewage collected by the C'it-,) , tile ma�,ntenance r -men and operation of L�,a-,al Sew of a I I costs i,m­ ide:,,J, {- the �.­al t ,t 'I '-f and its g d e 1.i v e i y to t h e Yj e t po 1 r, 'S" Section 7 R ir ea, c, k s ands z-ecrrccis shall. be kept by Metro an the. City ol�� tt)e established, the volumes of sewage delivereA and di .,-­C'har,Yk-_C1 irto, the Metropolitan Sewerage System where,�yer su,­h are measuied a-rd the number of Residential customers and Residential Customer equivalents reported. In addition SDo'wirag all costs I ncurred A, r) c noe,"-t --rx th ' ho J` t i- I 'o Se r a cf e System and the C-it � Ihe.� amount billed y sba ll �;�_(-p to each of ite us(-.�d for such billing 'including fjov dn(J wat (--G-r n for each customer where applAcable . The re, rid ', 14: p r by .his paragraph shall be available for examination, b-,y F�Yty at _iPIV reasonable time, Section B ., Devel,onment of Metropolitan Sewer age Svstem. It is contemplated that the Met.Lopoli * an Sewerage Sy stem will be developed in stages and, except. as pi ;,vided i.,n Section 9 hereof, the nature of all facilities of the 1lat.ropol i tan Se�vr_­rage System to be con- structed, acquired or used and the tii-rie of such constructi-on, acquisi- tion or use shall be detc-tialined ic, t1V-_, sole discretion of Metro, it being contemplated that Metro :hajj, LjiLlmately ptovide sewage disposal service for the entlze AA:e_�, cinid adldcent areas as may feasibly be seer ied into the M-1,trr;prjlitan System-, Section 9 - Construction of the 1%1(<st ball.e Trunk Sewer by the City. The City agrees that: it. will the Metropolitan Sewerage Pacilities generally descritc-d as GR 37 , fit ® 39 , 40, 4.1 and 4 2 1 n t b C oia f.z ,-,z h e n i%�ki P1 a a a r d h t-,-rc_, 1 c d t: h-w; IV.,' t Vla 1,1 e Y Trunk Sewer , " The ex,aot siLf-, avld] SlWh tw- 111ties shall 9 1-n Pa r 11 0,16C' '-, af),-1 i,,is .spat ions be approved by Metco and t*he for such facilities tx.) be prepared b a iA; CltY, sball 1-,e sUbmi.t.t.ed to and approved by I�.;1 of such facilities shall 1-te let blY toe Citil! ,:� ittev approval 9 by Metro of plans and specifications therefor . Inspection of construction shall be performed by the City, The City will acquire all right of way therefor as approved by Metro and title documents therefor shall run jointly to the City and Metro and the form of such documents shall be approved by Metro, The City will pay all construction, right of way and engineering costs, except that Metro shall pay the sum of $260, 000 on account of design and construction of an enlargement of the West- Valley Trunk Sewer from a 42 inch to a 48 inch diameter between South 192nd Street and the point where the Puget Sound Power & Light Company right of way crosses the West Valley Highway. Metro shall pay 20% of said sum to the City within 40 days following the date of this agreement and the remainder of said sum as required by the City to meet the pro rata share of construction progress payments incurred on account of such enlargements. Upon completion of construction, of the West Valley Trunk Sewer the City shall connect same to the Metropolitan Sewerage System in the vicinity of So. 180th Street and 80th Avenue So. Metro and the City agree that the West Valley Trunk Sewer to be built by the City and the connecting trunk sewer to be built by Metro from its existing system to So, 180t.h Street shall both be completed, connected and ready for service by January 1, 1967, provided that such date may be extended by any time consumed here- after,-in litigation or in legal procedure required as the result of litigation, which actually delays the authorization or construction of said facildities , or in litigation required to acquire the right of way therefor. Section 10o Operation, Maintenance, Use and Acquisition of West Valley Trunk Sewer by Metro., Upon completion of construction and connection of the West Valley Trunk Sewer to the Metropolitan Sewerage System, Metro shall have the sole duty and obligation to operate, maintain, repair and replace such facility and shall have 10 the exclusive right, to use same for the transportation of sewage collected within or without the city subject to the right of the City to deliver thereto any sewage collected by the City. For the use by and ultimate conveyance to Metro of the West Valley Trunk Sewer, Metro shall credit to the City an amount equal to the total sewage disposal charges otherwise payable pursuant to Section 5 of this agreement until the date of January 1, 1976, or until the first day of the month following the first month in which the basic number of Residential Customers and Residential Customer equivalents served by the City shall be at least 20, 000, whichever date shall first occur, provided that in no event shall such date be sooner than 5 years from the date of this agreement, (hereafter called the "credit cut off date") . The above credit shall con- stitute full and complete payment by Metro for the acquisition of the West Valley Trunk Sewer. Within 30 days following the credit cut off date, the City shall convey title to the West Valley Trunk Sewer to Metro free and clear of all encumbrances save and except the right of the City to continue to deliver sewage thereto upon payment of sewage disposal charges therefor° From and after the credit cut off date the City shall pay and remit to Metro sewage disposal charges determined as provided in Section 5 hereof without further credit on account of the West Valley Trunk. Section 11 . Acquisition-by Metro of Other_Metropolitan Sewerage Facilities Constructed by the C tya The West Hill Trunk Sewer was built by the City from the proceeds of revenue bonds issued under date of June 1 , 1959 and the portion of such sewer from the existing City treatment plant to Manhole #15 should be a part of the Metropolitan Sewerage System The cost of such portion was the sum of $94 , 317 . 68 . Effective upon. the credit cut off date the City shall convey to Metro such portion of the West Hill Trunk Sewer 1.1 subject only to the lien of any revenue bonds heretofore issued by the City, and on such date shall also cjnvEy to tAetro free and clear of any lien or encumbrance any other permanent facility of the Metropolitan Sewerage System which may hereafter be constructed by the City pursuant to a specific agreement with Metro providing for the acquisition of such facility. Sixty days following the conveyance of any sewer to Metro pursuant to this Section 11 , Metro shall pay to the city in cash a sum equal to the actual cost of such sewer or sewers less depreciation as deter-mined from the respective dates and at the respective average coupon interest rates of the bonds issued by the City to pay the cost thereof, all in accordance with Figure 8-7 on page 221 of the "Pre-design Report on First Stage Construction of Comprehensive Sewerage Plan" prepared by Metropolitan Engineers dated July, 1960 . Section 12. Reimbursement of Certain Interim Operating Costs . Metro shall perform operation and maintenance of the West Valley Trunk Sewer from and after the date when sewage shall first be delivered thereto by the City., To compensate for additional operating costs incurred by Metro in the transportation and disposal of sewage delivered by the City during the period before the credit cut off date the City shall pay to Metro during such period the sum of $2,880 each month beginning with the first day Of the month following the month when sewage is first delivered by the City to the West Valley Trunk Sewer . The payments made pursuant to this Section 11 shall not be the subject of any credit for construction of the West Valley Trunk but shall be an additional and separate payment from the C1t­,,7 to Metro., Section 13 , Insurance and Liability For Damag es. The City shall secure and maintain with responsible insurers all such insurance as is customarily maintained with respect to sewage 12 systems of like character against loss of or damage to the Local Sewerage Facilities of the City and the West Valley Trunk Sewer during the period of its ownership by tli City, and against public and other liability. Any damages to persons or property caused by the construction of the West Valley Trunk Sewer shall as between the City and Metro be the sole liability of the City. Any liability incurred as a result of the operation of the West Valley Trunk Sewer and the Metropolitan Sewerage System by Metro shall be the sole liability of Metro and any liability incurred by the City as a result of the operation of the l,ocal. Sewerage Facilities of the City shall be the sole liability of the Cit12 , Section 14 . Assiqnment. The City shall not have the right to assign this Agrement or any of its rights and obligations here- under either by operation of law or by voluntary agreement without the written consent of Metro and neither party may terminate its obligations hereunder by dissolution or otherwise without first securing the written consent of the other party and this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties heretor In the event that the City should be dissolved or, shoulci no lon,jer be authorized to operate sewer facilities, the local sewer facilities owned and operated by the City within the Metropolitan Area shall be assigned and transferred to Metro subject to any outstari;,di .'i,1-T debts of the City which had been incurred for the specific purpose of constructing or acquiring such facilities and subject to the acceptance by "i4et,ro of the obliga- tion to continue to provide sewer service to the residents served by such local facilities upon payment. by such residents of sewage disposal charges determined. as hei'ein i-rovided and the reasonable costs of local sewer service Section 15. Effective Date and Term of Contract This Agreement shall be in full force and. effect and binding upon the 13 parties hereto upon the execution of the Agreement and shall con- tinue in full force and effect fog- a period of fifty years . Section 16 . Notice, WheDever in this Agreement notice is required to be given, the same shall be given by Registered Mail addressed to the respective parties at the following addresses: Municipality of i4etropolitan Seattle 410 West Harrison Street Seattle, Washington 9811.9 The City of Kent Kent, Washington unless a different address shall. be hereafter designated in writing by either of the parties The date of giving such notice shall be deemed to be the date of mailing thereof . Billings for and payments of sewage disposal charges and interim operating costs may be made by regular mail . Section 17 . Execution of Documents, This Agreement shall be executed in six counterparts, any of which shall be regarded for all purposes as one original.. Each party agrees that it will execute any and all deeds, easements, leases , instruments, documents and resolutions or ordinances necessary to give effect to the terms of this Agreement. Section 18 . Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this Agreement, Section 19 . Remedies. In addition to the remedies provided by law, this Agreement shall be specifically enforceable by either party. Section 20 . EntLrej_t.y. This Agreement merges and super- sedes all prior negotiations, representations and agreements between the parties hereto relating to the siibject matter hereof 14 and constitutes the entire contract between the parties . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF KENT Mayor ATTEST: City Clerk MUNICIPALITY OF METROPOLITAN SEATTLE By C . Carey Donworth Chairman of the Council ATTEST: Maralyn Sullivan Clerk of the Council 15 STATE OF WAGEWT CCUNTY OF On 1566 , before me pert 5arylly pA,jF pzE- Bv � S , to me known Q,, ,d c qj the oity nf Kent, W,,bj,,t,,, , ,r I . ,j ? . . I . , Y am! acknowledged the within and forrquing nPA , j : , . rj v. 1"intari act and deed of qaW —1pov N� p Yotpin wentioned, on oath V7 ,101 ato ne& of Said IN WTTIT0 Wqf?M; spr my haad and Mixed my off in�s w0tweri 1 TT- FAVS tate STATE nF WASUNGTON K0, 1966 , before me persnnally JAIIANKYN S"LLIVAN, Wme kn"Wr ! vIn 1 1 dnj r1eyk of the Mourn 1 resp� : 4 Mrapolitan Seattle, & F h in and foregoing Aj 1 1 and Aced of said nuntioped, and on oath stof " I 7V - t Tr aid instr"ment and Mai cup ti " I � a sd , l ;:,,nrporatfan, it, WPW,� � �! P��- & 1 -VY �j can, and affixed my WWI & �Lt ' V 51-11 6T 01 at Seat tW� MUNICIPALITY OF METROP 1.OLITAN SEATTLE ...................METRO 410 W. HARRISON STREET SEATTLE, WASHINGTON 98119 AT 4-5100 April 12, 1966 The Honorable Mayor and City Council City of Kent City Hall Kent, Washington 98031 Gentlemen: Agreement for Sewage Disposal Following the conference between members of Metro's Capital Improvements Committee and Mayor Thornton, City Engineer Sherwood, City Attorney Bereiter and Consulting Engineer Chase on April 7, the Metro staff was directed by the Metropolitan Council to pre- pare a revised Agreement for Sewage Disposal with the City of Kent. We have prepared such agreement and enclose same herewith. The revised agreement provides for the design changes in the West Valley Trunk Sewer recommended by Consulting Engineer Chase and for the payment by. Metro of the entire cost thereof as estimated by Mr. Chase. The agreement also provides for a minimum five-year period of sewage disposal charge credit for the City as requested by Mayor Thornton, a cost_ of the West Hill Sewer recited in_section 11 has been corrected to cover only that portion of such trunk to be acquired by Metro and is in accordance with fig- ures submitted by the City Engineer and Consulting Engineer. If this agreement is satisfactory to the officials of Kent and is approved and executed, Metro will provide, operate and maintain a portable 600 g.p,m. capacity pump for use in pumping sewage from The Boeing Company's new Kent Space Center to the existing sewage lagoon of the City so that service to this new facility may be expedited. If the agreement is approvedt please execute all five of the en- closed counterpart copies and return them to us for presentation to the Metropolitan Council. Please furnish us with two certified A L L A M L R I Z )kw l" 9959 The Honorable Mayor and City Council City of Kent April 12, 1966 Page Two copies of the ordinance authorizing execution of the agreement. A suggested form of the required ordinance was previously fur- nished to Mr. Hereiter. Very truly yours, C. Carey Donworth Chairman of the Council CCD:ms Enclosures cc: Mr. Glen Sherwood Mr. Jack Sereiter Hill & Ingman Mr, James R. Ellis Mr. Fred E. Lange 7,,­­4,-e1d ill ....COL1*11kc"parts of iA, "A TY OF KENT MUNICIPALITY C , AGREE14ENT FOR SE1,JAGL 1,,1SP(')SA1, THIS AGREEMENT made as of this ___.......-day of 1966, between the CITY OF KENT, a mi)n1cipal .corporation of the State of Washington, hereinafter ref ecttd t,,) cis the "Cit.,;" , and the MUNICIPALITY OF NIETR(lPOLITP�14 SE,,T*Tlls j orporation of the ea ee State of Wa.shingtor , o a I'­t�r o W I T N E S S F T h WHEREAS, th-- pub 1 i c hea I t In rd f e-,bt, f h residents of the City and the cj t1, utrc, requite the development of adequate systefklS c,,ullection and disposal, the elimination of water pol.l.ution and tf-.C- pres,?,rvation of the fresh and salt water resources of the ai,-_%.a.; and WHEREAS, Metro is engaged j ,,j L1,Lr7ol opi ny and operating a Metropolitan Sewage Disposal Sys ti,,,ra aild the Cit-ly. is engaged in developing a sewage collection syste,,'(1 for the City; and WHEREAS , the City desires to sewage collected by the City to Metro for disposal ; and WHEREAS, to provide for the disposal -Ietr,o of- sewage collected by the City it is nccess-"Y a t:,ontcact be now entered into establishing certain ri-il Lks aid dkities of the parties incident thereto; NOW, THEREFORE, i,n consdderatioij oi the raitacil covenants contained herein, it is hereby :agreed as follov)s: Section 1 . Defixiitiorl ut Terill-S , 211�2 following words and phrases used in this contract s[iail have the meanings herein- after set forth in this 3ectica: a) The words "Cojjprehensi�c-_, Pl .;a," ,hall m.can the Comprehensive Sewage Disposal 111ail ajoi-It --A -11, Kesc)latlon, No. 23 U all amendmerits of the Municlpality of ai< thereof heretofore or hereafter adopted . b) The words "_4etropolitan Sewerage System" shall mean all of the facilities to be constructed, acquired or used by Metro as a part of the Comprehensive Plan. The Metropolitan Sewerage System shall generally include sewage disposal facilities with capacity to receive sewage from natural drainage areas of approximately one thousand acres or more. The Metropolitan Sewerage System shall thus include trunk or interceptor sewer facilities extending to a point within each. tributary and natural drainage area, where not more than one thousand acres remain to be served beyond the upper terminus of such trunk or interceptor sewer. c) The word "Participant" shall mean each city, town, county, sewer district, municipal corporation, person, firm or private corporation which shall dispose of any portion of its sanitary sewage into the Aetropolitan Sewerage System and shall have entered into a contract with .1etro providing for such disposal. d) The words "Local Sewerage Facilities" shall mean all facilities owned or operated by a Participant for the local collection of sewage to be delivered to the Metropolitan Sewerage System. e) The words "Metropolitan Area" shall mean the area contained within the boundaries of the Municipality of Metropolitan Seattle as now or Hereafter constituted f) 'Tiie words "Residential Custoier" shall mean a single family residence billed by a Participant for sewerage charges. Section 2. Delivery and acceptance of Sewage. The City shall aeliver to 'Metro all of the sewage and industrial waste collected by the City and Metro shall accept the sewage and waste delivered for treatment and disposal as hereinafter provided subject G to such reasonable rules and regulations as may be adopted from time to time by the Metropolitan Council . Metro shall not directly accept sewage or waste from any person, firm or private corporation which is located within the boundaries of or is delivering its sewage into the Local Sewerage Facilities of the City without the written consent of the City. Section 3 . Construction of Metro Facilities . Except as hereinafter provided for the West Valley Trunk Sewer, Metro shall construct, acquire or otherwise secure the right to use all facilities required for the disposal of sewage delivered to Metro pursuant to this Agreement and shall perform all services required for the maintenance, operation, repair, replacement or improvement of the Metropolitan Sewerage System, including any additions and betterments thereto. Except as hereinafter provided for the West Valley Trunk Sewer, Metro shall in its sole discretion determine the nature, location and time of construction of facilities of the Metropolitan Sewerage System. Section 4 . Connection of Local Sewerage Facilities to the Metropolitan Sewerage System. Local Sewerage Facilities of the City shall be connected to the West Valley Trunk Sewer and the Metropolitan Sewerage System at such time as the West Valley Trunk Sewer and any of the permanent facilities of such Metropolitan Sewerage System shall be available to receive sewage collected by such local facilities. Such connections shall be accomplished at the expense of the City and in accordance with the rules and regulations of Metro at such point or points of connection as shall be determined by Metro. The City shall secure and pay for the right to use any Local Sewerage Facilities of another Participant which may be required to deliver any part of the City " s sewage to the Metropolitan Sewerage System. 3 Section 5� P went for Sewage Disposal . For the disposal of sewage hereafter collected by the City and delivered to Metro the City shall pay to Metro on or before the last day of each month during the term of this agreement, a sewage disposal charge determined as provided in this Section 5� to For the quarterly periods ending March 31, dine 30 , September 30 and December 31 of each year every Participant shall submit a written report to Metro setting forth (a) the number of Residential Customers billed by such Participant for local sewerage charges as of the last day of the quarter, (b) the total number of all customers billed by such Participant as of such day and (c) the total water consumption during such quarter for all customers billed by such Participant other than Residential Customers, The quarterly water consumption report of the City shall be taken from water meter records and may be adjusted to exclude water which under the rules and regulations of Metro need not and in fact does not enter the sanitary facilities of a customer, Where actual sewage flow from an individual customer is metered, the metered sewage flows shall be reported in lieu of adjusted water consumption,, The total quarterly water consumption report in cubic feet shall be divided by 2,700 to determine the number of Residential Customer equivalents represented by each Participant' s customers other than single family residences ,: Metro shall maintain a permanent record of the quarterly customer reports from each Participant : The City' s first quarterly report shall cover the first, quarterly period following the date when sewage is first delivered to Metro and shall be submitted within thirty days following the end of the quarter ., Succeeding reports shall be made for each quarterly period thereafter and shall be submitted, within thirty �30'� days following the end of the quarter . 4 2. a) To form a basis for determining the monthly sewage disposal, charge to be paid by each Participant during any particular quarterly period, Metro shall ascertain the number of Residential Customers and Residential Custome.r. equivalents of each Participant, This determination shall be made by taking the sum of the actual number of Residential, Customers reported as of the last day of the next to the last preced .-Ltnq qlJatteigiber of Residential Customer equivalents per quarter reported for the four quarters ending with said next to t_tie last preceding quarter, adjusted for each participant to eliminate any Residential, Cu$tomers or Residential Customer equa-valents whose sewage is delivered to a governmental agency other than Metro or other. than a participant for disposal outside of the Metropolitan Area,, The number thus determined is hereinafter called the "basic reported, number- " b) For the initial period until the City shall, have submitted six consecutive quarterly reports, the basic reported number of Residential Customers and Residential Customer equivalents of the City shall be determined as provided in. this subparagraph (b) . On or before the tenth day of each month beginning with the month prior to the month in which sewage from the City is first delivered to Metro, the City shall submit a. wxitteel statement of the number of Residential Customers and Residential Customer equivalents estimated to be billed by the City dur-- gag the next succeeding month- For the purpose of determining the basle reported number of Resident-.al. Customers or Residential Customer equivalents of the City for such next succeeding month, Metro may at its discretion adopt either such estimate or the ac-tual, 11,,imbe-r of Residential customer's and Residential Customer eqaiva-lents reported by the City as of the last day of the next to the last preceding reported quarter - After the City shall have furnished six c_or�isecutive quarterly reports 5 the basic reported number of Residential Customers and Residential Customer equivalents of the City shall be determined as provided in the immediately preceding subparagraph (a) . c) If the City shall fail to submit the required monthly and/or quarterly reports when due, Metro may make its own estimate of the number of Residential Customers and Residential Customer equivalents of the City and such estimate shall constitute the basic reported number for the purpose of determining sewage disposal charges. d) The basic reported number of Residential Customers and Residential Customer equivalents of the City shall be further adjusted by adding thereto twenty-five per cent. (25%) of the number of Residential Customers or Residential Customer equivalents of the City located outside the present boundaries �d"f Metro. The sum thus determined is hereinafter called the "adjusted reported number. " If all of the area located within the City or any area located outside the City and served into its Local Sewerage Facilities shall be annexed to Metro after the date of this agreement the twenty-five per cent additive adjustment shall be eliminated as to the number of Residential Customers or Residential. Customer equivalents located within such annexed area. The adjusted reported number of Residential Customers and Residential Customer equivalents of the City shall be the number of Residential Customers and Residential Customer equivalents reported by the City for the purpose of determining sewage disposal charges pursuant to Paragraph 3 of . this section. 3 . The monthly sewage disposal charge payable to Metro shall be determined as follows: a) Prior to July l.st of each year Metro shall determine its total monetary requirements for the disposal of sewage during the next succeeding calendar year , Such requirements shall include 6 the cost of administration, operation., maintenance, repair and replacement of the Metropolitan Sewerage System, establishment and maintenance of necessary working capital and reserves, the require- ments of any resolution providing for the issuance of revenue bonds of Metro to finance the acquisition, construction or use of sewerage faiclities, plus not to exceed 1% of the foregoing require- ments for general administrative overhead costs , b) To determine the monthly rate per Residential. Customer or Residential Customer equivalent to be used during said next succeeding calendar year, the total monetary requirements for disposal of sewage as determined in subparagraph 3 'ka) of this section shall be divided by twelve and the resulting quotient shall be divided by the total number of Residential Customers and Residential Customer equivalents of all Participants for the October-December quarter preceding said July lst; provided, however, that the monthly rate shall not be less than Two Dollars ($2. 00) per month per Residential Customer or Residential Customer equivalent at any time during the period ending July 31 , 1972, c) The monthly sewage disposal charge paid by each Participant to Metro shall be obtained by multiplying the monthly rate by the number of Resldert-.ial Customers and Residential Customer equivalents of the Participant , An additional, charge may be made for sewage or wastes of unusual quality or composition requiring special treatment, or Metro may require pretreatment of such sewage or wastes. An additional charge may be made for, quantities of storm or ground. waters entering those Local Sewerage Facilities which are constructed after January 1 , 1961 , in excess of the minimum standard established by the general rules and regulations of Metro. 4 . A statement of the amount, of the monthly sewage disposal charge shall be submitted by Metro to each Participant on or before 7 the first. day of each manth and pay mc--,,nt of, sucin charge shall be due on the last day of such month f any charge or portion thereof due to Metro shall. remain unpaid for fifteen days following its due date, the participant shall be charged with and pay to Metro interest on the amount unpaid. from its due date until paid at the rate of 6% per annum, and Metro may , �.ipon the failure of any Participant to pay such amount., -�_,aymenf by any -remedy available at law or equity- 5. The City irrevocably and bi,rds itself to pay its sewage disposal charge out of ti-ic- 9.oss tevenues of the sewer system of the City. The City further binds itself to establish, maintain and collect charges for sewex service which will at all times be sufficient to pay all costs of- maintenance and operation of the sewer system of the City, including the sewage disposal charge payable to Metro hereunder and sufficient to pay the principal of and interest. on any revenue bonds of the city which shall. con- stitute a charge upon such gross revenues„ It is recognized by Metro and the City that the sewage disposal charge paid by the City to Metro shall constitute an expense of -maintenance and operation of the sewer system of the City , The City shall provide in the issuance of future sewer revenue bonds of tj-be Ci.ty that expenses of maintenance and operati,oi) of the sewer syste,lri of the City shall be paid before payment of principal and interest of such bonds - The City shall. have the rigbt to fix its own schedule of rates and charges for sewer ser,,,ii,ce provided that same shall produce revenue sufficient to meet the coverants contained in this Agreement Section 6 , ResponsibiJilty of C The City shall. be responsible for the delivery tcl, the Metropulit.,Ir Sewe:r-age System of sewage collected by the City , f�)t the const-lu,­tl0n, maintenance and operation of Local Sewerage Facilities, art.,d fc:-,r the payment 8 of all costs incident to the collection of such sewage and its delivery to the Metropolitan Sewerage System, Section 7 , Records, Permanent books and records shall be kept by Metro and the City of the respective rates established, the volumes of sewage delivered and. discharged into the Metropolitan Sewerage System wherever such volumes are measured and the number of Residential. Customers and Residential Customer equivalents reported. In addition Metro shall. keep complet er booms of a.ccount showing all costs incurred in connection, with the Metropolitan Sewerage System and the City shall keep complete records showing the amount billed to each of. .its customers for sewer service and the basis used for such billing including sewage flow and water consumption for each customer where applicable, The records required by this paragraph shall be available for examination by either party at any reasonable time Section 8 , Development of Metropolitan Sewerage System It is contemplated that the Metropolitan Sewerage System will be developed in stages and, except as provided in Section 9 hereof, the nature of all. facilities of the Metropolitan Sewerage System to be con- structed, acquired or used and the time of such construction, acquisi- tion or use shall be determined in the sole discretion of Metro, it being contemplated that Metro shall ultimately provide sewage disposal service for the entire Metropolitan Area and such adjacent areas as may feasibly be served into the Metropolitan Sewerage System_ Section 9 . Construction of the-West Valley Trunk Sewer by the City. The City agrees that it will construct the Metropolitan Sewerage Facilities generally described as CR 37 , 38 , 39 , 40, 41 and 42 in the Comprehensive Plan and herein called the "West valley Trunk Sewer " The exact size and location of such facilities shall be approved by Metro and the eng i.neer i iig plans and speci f i.cations for such facilities to be prepared by thy: City shall be submitted to and approved by Metro, "he contract for construction of such facilities shall be let by the City after the written approval 9 by Metro of plans and specifications the.refor� Inspection of construction shall be performed by the City, The City will acquire all right of way therefor as approved by Metro and title documents therefor shall run jointly to the City and Metro and the form of such documents shall be approved by Metro; The City will pay all construction, right of way and engineering costs, except that Metro shall pay the sum of $260, 000 on account of design and construction of an enlargement of the West Valley Trunk Sewer from a 42 inch to a 48 inch diameter between South 192nd Street and the point where the Puget Sound Power & Light Company right of way crosses the West Valley Highway. Metro shall pay 20% of said sum to the City within 40 days following the date of this agreement and the remainder of said sum as required by the City to meet the pro rata share of construction progress payments incurred on account of such enlargements. Upon completion of construction of the West Valley Trunk Sewer the City shall connect same to the Metropolitan Sewerage System in the vicinity of So, 180th Street and 80th Avenue So Metro and the City agree that the West Valley Trunk Sewer to be built by the City and the connecting trunk sewer to be built by Metro from its existing system to So, 180th Street shall both be completed, connected and ready for service by January 1, 1967, provided that such date may be extended by any time consumed here- after:-in litigation or in legal procedure required as the result of litigation, which actually delays the authorization or construction of said facildities , or in litigation required to acquire the right of way therefor. Section 10 . Operation, Maintenance, Use and Acquisition of West Valley Trunk Sewer by Metro. Upon completion of construction and connection of the West Valley Trunk Sewer to the Metropolitan Sewerage System, Metro shall have the sole duty and obligation to operate, maintain, repair and .replace such facility and shall have 10 the exclusive right to use same for the transportation of sewage collected within or without the city subject to the right of the City to deliver thereto any sewage collected by the City. For the use by and ultimate conveyance to Metro of the West Valley Trunk Sewer, Metro shall credit to the City an amount equal to the total sewage disposal charges otherwise payable pursuant to Section 5 of this agreement until the date of January 1, 1976, or until the first day of the month following the first month in which the basic number of Residential. Customers and Residential Customer equivalents served by the City shall be at. least 20, 000, whichever date shall first occur, provided that in no event shall such date be sooner than 5 years from the date of this agreement, (hereafter called the "credit cut off date") . The above credit shall con- stitute full and complete payment by Metro for the acquisition of the West Valley Trunk Sewer. Within 30 days following the credit cut off date, the City shall convey title to the West Valley Trunk Sewer to Metro free and clear of all encumbrances save and except the right of the City to continue to deliver sewage thereto upon payment of sewage disposal charges therefor. From and after the credit cut off date the City shall pay and remit to Metro sewage disposal charges determined as provided in Section 5 hereof without further credit on account of the West Valley Trunk. Section 11 . Acquisition by Metro of Other Metropolitan Sewerage Facilities Constructed by the City. The West Hill Trunk Sewer was built by the City from the proceeds of revenue bonds issued under date of June 1 , 1.959 and the portion of such sewer from the existing City treatment plant to Manhole #15 should be a part of the Metropolitan Sewerage Systera The cost of such portion was the sum of $94 , 317 . 68 . Effective upon the credit cut off date the City shall convey to Metro such portion of the West Hill Trunk Sewer 11. subject only to the lien of any revenue bonds heretofore issued by the City, and on such date shall also Convey to Metro free and clear of any lien or encumbrance any other permanent facility of the Metropolitan Sewerage System, which may heteafter be constructed by the City pursuant to a specific agreement with Metro providing for the acquisition of such facility : Sixty days following the conveyance of any sewer to Metro pursuant to this Section 11 , Metro shall. pay to the city in cash a sum equal to the actual cost Of such sewer or sewers less depreciation as determined from the respective dates and at the respective average coupon interest rates of the bonds issued by the City to pay the cost thereof, all in accordance with Figure 8-7 on page 221 of the "Pre-design Report on First Stage Construction of Comprehensive Sewerage Plan" prepared by Metropolitan Engineers dated July, 1960 . Section 12 . Reimbursement -of.,-Certain .Interi,m Operating Costs . Metro shall perform operation and maintenance of the West Valley Trunk Sewer from and after the date when sewage shall first be delivered thereto by the City. To compensate for additional operating costs incurred by Metro in the transportation and disposal of sewage delivered by the City during the period before the credit cut off date the City shall pay to Metro during such period the sum of $2,880 each month beginning with the first day, of the month following the month when sewage is first delivered by the City to the West Valley Trunk Sewer . The payments made pursuant to this Section 11 shall not be the subject of any credit for construction of the West Valley Trunk but shall be an additional and separate payment from the City to Metro. Section 13 . Insurance.-and.- Liability For Damaqes. The City shall secure and maintain with responsible insurers all such insurance as is customarily maintained with respect to sewage 12 systems of like character against loss of or damage to the Local Sewerage Facilities of the City and the West. Valley Trunk Sewer during the period of its ownership by the City, and against public and other liability. Any damages to persons or property caused by the construction of the West Val.l.ey Trunk Sewer shall as between the City and Metro be the sole liability of the City. Any liability incurred as a result of the operation of the West Valley Trunk Sewer and the Metropolitan Sewera(le S�istem by Metro shall be the sole liability of Metro and any, liabj,litv incurred by the City as a result of the operation of the Lok:.,al Se',,verarje Facilities of the City shall be the sole liability of CjtY Section 14 . Assiqnment. The Ci,ty shall not have the right to assign this Agrement or any of its rights and obligations here- under either by operation of law or by voluntary agreement without the written consent of Metro and neither party may terminate its obligations hereunder by dissolution or otherwise without first securing the written consent of the other party and this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto In the event that the City should be dissolved or should no longer be authorized to operate sewer facilities, the local sewer facilities owned and operated by the City within the Metropolitan Area shall be assi.Jred and transferred to Metro subject to any outstandirig debts of the City which had been incurred for the specific purpose of constructing or acquiring such facilities and subject to the acceptance by Aetro of the obliga- tion to continue to provide sewer service to the residents served by such local facilities upon 1,aviTterit by such residents of sewage disposal charges determined as heiein r)rovided and the reasonable costs of local sewer service , Section 15. Effective Date and Term of Contract , This Agreement shall be in full force amci effect and binding UPOD the 13 parties hereto upon the executic-,f) of the Agreement and shall con- tinue in full force and effect fo.z a period of fifty years . Section 16 . Notice, Whenever in this Agreement notice is required to be given, the same shall be given by Registered Mail addressed to the respective parties at the following addresses: Municipality of Pletropolitan Seattle 410 West Harrison Street Seattle, Washington 9811.9 The City of Kent Kent, Washington unless a different address shall. be hereafter designated in writing by either of the parties. The date of giving such not-ice shall. be deemed to be the date of mailing thereof . Billings for and payments of sewage disposal charges and interim operating costs may be made by regular mail. Section 17. Execution of Documents. This Agreement shall be executed in six counterparts, any of which shall be regarded for all purposes as one original.. Each party agrees that it will execute any and all deeds, easements, leases , instruments, documents and resolutions or ordinances necessary to give effect, to the terms of this Agreement. Section 18 . Waiver. No waiver by either party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provi.sion of this Agreement, Section 19 . Remedies. In addition to the remedies provided by law, this Agreement shall be specifically enforceable by either party. Section 20 . Ejntire.ty. This Agreement merges and super- sedes all prior negotiations, representations and agreements between the parties hereto relating to the subject matter hereof 14 and constitutes the entire contract between the parties . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF KENT Mayor ATTEST: City Clerk MUNICIPALITY OF METROPOLITAN SEATTLE By _ C . Carey Donworth Chairman of the Council ATTEST: Maralyn Sullivan Clerk of the Council 1.5 STATE OF' WASHINGTON ss , COUNTY OF KING On this -day of 1966, before me personally appeared A1EX THORNTON and CHARLES BRIDGES, to me known to be the Mayor and (-.,,.ty Clerk respectively, of the City of Kent, Washington, a municipal, corporat ,-, or, and acknowledged the within and forego; rg instx!.zmert to be the free and voluntary act and deed of said iise-, and plirposps thereir mentioned, and on �,,oth stit --d 4L-Iized xo execute said instrument and tnat the ccrporate sea] of said s,orporati,,,Dr, - IN WITNESS W6EPEOP, I set. my hand and affi-xed my off lcgal s ea the da,y and yecii- first above written Notary"-TUM-'irin- and for the State of Washington, residing at STATE OF WASHINGTON ss- COUNTYOF KING On, this day of 1966, before me personally app arej-77 CAREY DCNWORTH and MARALYN SULLIVAN, to me known to be the *`hc-Airman of the Council and. Clerk of the Council respel-tively, of the 'lunicipality of Metropolitan Seattle, a munic- pal corporation, and ack.nowledged the within and foregoing instrWent to 1--pe the frc-..,c- and voluntary act and deed of said corporation, for the k�ses and purpc�ses therein mentioned, and on oath stated that they were al-)' horized to execute said instrument and that the seal affixed 1� ', fi,e ::orpjrate seal. of said corporation. IN WITNESS WHEREOP, I have herenLnto set my hand and affixed my official seal the day and ,Year .first above written- Notary Pu 11c In an for the State of b, ashjr±gton, residing at Seattle a Cvi::. 14UNICIPALITY OF METROPOLITAN SEATTLE - CITY OF KENT FIRST E�-1:NDMENT TO AGREEMENT FOR SE ,4 DISPOSAL As of this /` - ,,day of __k— , 1967 , the City of rent, 4dashington, a Municipal Corporation of the State of Washington, (hereinafter referred to as the "City") and the itunicipality of ?etropolitan Seattle, a Municipal Corporation of the State of t?ashington, (herein- after referred to as " ietro") , in consideration of the mutual covenants of the parties , do hereby agree : Section 10 of that certain agreement for sewage disposal., dated as of 'May 18 , 1967 , between t!ie City of Kent, Siashington, and the Municipality of - etr_opolitari Seattle, is hereby amended to read as follows : Sectio:, 10 . Operation , '.aintenanco and Use by .l��tra of Ietropolita:z `irun': Sewers Constructeei EST the City. The City covenants tha, , a7 thin thirty (30) days following completion 10v the City or con- struction of the =ietr_o ,olitan arunk Sewers described in Section 9 and their connection to the -letropolitUan Soworage System, said sewers shall be free and clear of all enc-x-i>ranc :s and shall not thereafter be sul;ject to any encur:t:)rances or to any covenants by tn.e City, other than thoso set forth herein. I_rwaediatel.y upon such connection , t:etro shall Dave the sole duty and obligation to operate, maintain, rer•air anc repia ce such trun:: sew,--rs, shall have the ri jlit to enforce- warranties of ti.e contractor or cortrac- tors bui.l��incr same, anc3. shill have th exclus ixc! ri.giit to u e said trunk sa%%-ors for the transportation of so�,.age collected within or without t:.e Ci.i:-, , subject to tkie ri.c}_'s# Oi t'"t{'_ �'i i' tO :103..?VCL" l It � sewage thereto as provided herein upon payment of sewage disposal charges there- for and subject to the right of the City to jointly use said sewer as City trunk sewers, upon approval by :Metro of the man- ner and location of local City sewer connections thereto. ' For the right to use the Metropolitan Trunk Sewers to be constructed by the City, Metro shall pay to the City an amount equal to the construction cost of such sewers less the appropriate proportion of the yconomic Development Administration grant applicable to such cost received by the City. Such ap- propriate proportion shall be a fraction, the numerator of which shall be the construction cost of such 1'.1etropolitan Trunk Sewers and the denominator of which shall be the total actual sewerage faci- lity costs to which the contemplated Economic Development Administration grant shall apply. Construction cost, as used in this paragraph only, shall include payments to Uie contractor or contractors and an;., taxes applicable to such construction, but s'_-iall exclude engineering design and inspection fees, costs of right of: c�.ay acquisition, and legal costs directly incident to the ac- quisition of right of way therefor. The cost of connections of: suca trun'� sewers necessary to intercept pre santly existing se%-.erage facilities of the City shall be considered to be part of the construction cost of suc l sewers. ' Payment of such costs, including progress payments, shall he :nacre by '-letro to the City during the cons4r_uction period. and thereafter upon coripletion of- construc- tion within thirty (30) days following receipt of notification of the approval of such payments by the City and its con- sulting engineers . ' Any claims between the contractor and the City arising out of such construction and any clai:ls by property o:,.ners or other third parties against the contractor_ and/or the City, arising out of such construction shall be prosect.ted or defended by the City. :Metro will pay one-half of the cost of such defense or prosecution and one-half of the amount of such claims paid by the City, provided that Metro shall first approve in writing the settlement of any suca clai_Is before payment is made. ' The above payme.ts shall constitute full and complete pa-,n,ient by Metro for the right to use such :Metropolitan Trunk Sewers. IN WITNESS WHEP.EOr^, the aarties hereto have executed this First Amendment to Agreement for Sewage Disposal , as of the day and year first above written. CITY OF I:E-NT,_.-. iINGTOil By--. -_--- Mayor ATTEST: City Clerk , PMUNICIPALITY OF I'METROPOLI`I'AN SE A T T:C E BYE.%, L'a. `2 ------- C.M Carey bony.. rth , Chairman of the Council AT�E ST vi'aralyn Su_�" lvan , - Clerk of the Council STATE OF WASHINGTON) ss. County of King ) On this t day of / 1967, before me personally appeared ALEX TI3O :� and °SARIS JE,1SEiJ, to me known to be the :Mayor and City Clerk, respectively, of the City of Kent, Wasiina,ton, a Municipal Corporation , and acknowledged the within and foregoing instrument to be the free and voluntary act and creed of saic. corporation, for the uses and purposes t",ierein mentioned and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said cor- poration. IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and _year first above written. Notary Public in and. the State of Washinaton resi.dina ate/— STATE OF LyASHINGTON) ss. County of King ) On this __ day of 1967 , before me personally appeareci C. CAR: Y I)CE1:{iORTH and MARALYN SULLIVAN, , to me known to be the Chai.r,:ian of the Council and Clerk of the Council , respectively, of the :Municipality of •letropolitan Seattle, a :Municipal Corporation , and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated t'lat they :ere authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHI]Y-L01', I have hereunto set my hanc� and affixed my official seal the day and year first above writ- ten. �iotary Public in anti for_ the State of rrashincrton , residing at Seattle Memo. C � [Dti CITY Y CE KENT CITY CLERK AP k 8 April 7 , 1987 L�� — I L-� 2� ;i;�� FROM: Bob Hirscl7� SUBJECT: Extension of Agreement for Sewage Disposal Enclosed for your records is a fully executed copy of the extension of the Agreement for Sewage Disposal between your agency and Metro. Please contact me at 684-1266 if you have any questions . RNH:mld Enclosure '"METRO CITY OF KENT MUNICIPALITY OF METROPOLITAN SEATTLE EXTENSION OF AGREEMENT FOR SEWAGE DISPOSAL WHEREAS, the City of Kent (the "City" ) and the Municipality of Metropolitan Seattle (the "Municipality" ) are parties to a certain Agreement for Sewage Disposal (the "Agreement" ) dated May 18 , 1967 , as amended, pursuant to which the City delivers to the Municipality for treatment and disposal all the sewage and industrial wastes it collects from its service area ; and WHEREAS, the Agreement expires by its terms on July 1, 2016 ; and WHEREAS, it is in the best interests of the City and the Municipality that the expiration date of the Agreement be extended in order to allow the Municipality to sell and issue its sewer revenue bonds with maturities extending beyond 2016 ; NOW, THEREFORE, in consideration of the mutual covenants contained herein and in the Agreement, it is hereby agreed as follows : The Agreement for Sewage Disposal between the City of Kent and the Municipality of Metropolitan Seattle dated May 18 , 1967 , as amended, is hereby extended for a period of twenty years and shall continue in full force and effect until July 1, 2036 . It is further agreed that all other provisions of said Agreement shall remain unchanged, and the Agreement dated May 18 , 1967 , as amended, as extended herein shall constitute the entire Agreement for Sewage Disposal between the parties . /I16- /far 15 $ 7 DATED: This _ { day of CITY OF KENT B � ATTEST: r Ci y Clerk MUNICIPALITY OF METROPOLITAN SEATTLE By & 7he yZimm rman Chaian o Council ATTEST: Bonnie Mattson Clerk of the Council AMETRO Municipality of Metropolitan Seattle Exchange Building • 821 Second Ave. • Seattle, WA 98104-1598 August 5, 1992 i�.i9? Mr. Don Wickstrom Director of Public Works City of Kent 220 4th Ave S. Kent, WA 98032 Amendment to Agreement for Sewage Disposal Dear Mr. Wi Kstro: Enclosed for our files is an executed co of the subject Y PY agreement amendment. The most significant feature of the amendment is that it changes the residential customer equivalency value that Metro uses to charge participants for their non-residential customers. The change will be effective January 1, 1993 . Please contact me at 684-1266 if you have any questions. Very truly y urs, R ZZe(r�tN. Hirsch Local Agency Affairs Administrator Enclosure CITY OF KENT MUNICIPALITY OF METROPOLITAN SEATTLE AMENDMENT TO AGREEMENT FOR SEWAGE DISPOSAL THIS AMENDMENT made as of the day of (atz-" , j (>2,2,between the City of Kent, a municipal corporation of the State of Washington (hereinafter referred to as the "City") and the Municipality of Metropolitan Seattle, a metropolitan municipal corporation of the State of Washington (hereinafter referred to as "Metro") ; WITNESSETH: WHEREAS, the parties have entered into a long term Agreement for Sewage Disposal dated May 18, 1967 , as amended (hereinafter referred to as the "Basic Agreement") ; and WHEREAS, an advisory committee composed of elected and appointed officials in the metropolitan area was appointed by the Metropolitan Council to examine the structure of Metro's charges to its participants; and WHEREAS, said advisory committee, following extensive research, study and deliberations, has recommended certain changes in the structure of Metro's charges to its participants and implementation of said changes requires amendment of the Basic Agreement; and WHEREAS, the parties have determined that the recommendations are in the best public interest and therefore desire to amend said Basic Agreement to implement said recommendations; NOW, THEREFORE, it is hereby agreed as follows: 1 Section 1. Amendment of Section 5 of the Basic Agreement. Section 5 of the Basic Agreement is hereby amended to read as follows: "Section 5. Payment for Sewage Disposal. For the disposal of sewage hereafter collected by the City and delivered to Metro the City shall pay to Metro on or before the last day of each month during the term of this Agreement, a sewage disposal charge determined as provided in this Section 5. 1. For the quarterly periods ending March 31, June 30, September 30 and December 31 of each year every Participant shall submit a written report to Metro setting forth: (a) the number of Residential Customers billed by such Participant for local sewerage charges as of the last day of the quarter, (b) the total number of all customers billed for local sewerage charges by such Participant as of such day, and (c) the total water consumption during such quarter for all customers billed for local sewerage charges by such Participant other than Residential Customers. The quarterly water consumption report shall be taken from water meter records and may be adjusted to exclude water which does not enter the sanitary facilities of the customer. Where actual sewage flow from an individual customer is metered, the metered sewage flows shall be reported in lieu of adjusted water consumption. The total quarterly water consumption report in cubic feet shall be divided by 2, 250 to determine the number of Residential Customer equivalents represented by each Participant's customers other than single family residences. Metro shall maintain a permanent record of the quarterly customer reports from each Participant. 2 The City's first quarterly report shall cover the first quarterly period following the date when sewage is first delivered to Metro and shall be submitted within thirty days following the end of the quarter. Succeeding reports shall be made for each quarterly period thereafter and shall be submitted within thirty (30) days following the end of the quarter. 2 . (a) To form a basis for determining the monthly sewage disposal charge to be paid by each Participant during any particular quarterly period, Metro shall ascertain the number of Residential Customers and Residential Customer equivalents of each Participant. This determination shall be made by taking the sum of the actual number of Residential customers reported as of the last day of the next to the last preceding quarter and the average number of Residential Customer Equivalents per quarter reported for the four quarters ending with said next to the last preceding quarter, adjusted for each Participant to eliminate any Residential Customers or Residential Customer equivalents whose sewage is delivered to a governmental agency other than Metro or other than a Participant for disposal outside of the Metropolitan Area. (b) For the initial period until the City shall have submitted six consecutive quarterly reports, the reported number of Residential Customers and Residential Customer equivalents of the City shall be determined as provided in this subparagraph (b) . On or before the tenth day of each month beginning with the month prior to the month in which sewage from the City is first delivered to Metro, the City shall submit a written statement of the number of Residential Customers and Residential Customer equivalents estimated to be billed by the City during the next succeeding month. For the purpose of determining the basic reported number of Residential Customers and 3 Residential Customer equivalents of the City for such next succeeding month, Metro may at its discretion adopt either such estimate or the actual number of Residential Customers and Residential Customer equivalents reported by the City as of the last day of the next to the last preceding reported quarter. After the City shall have furnished six consecutive quarterly reports the reported number of Residential Customers and Residential Customer equivalents of the City shall be determined as provided in the immediately preceding subparagraph (a) . (c) If the City shall fail to submit the required monthly and/or quarterly reports when due, Metro may make its own estimate of the number of Residential Customers and Residential Customer equivalents of the City and such estimate shall constitute the reported number for the purpose of determining sewage disposal charges. 3 . The monthly sewage disposal charge payable to Metro shall be determined as follows: (a) Prior to July 1st of each year Metro shall determine its total monetary requirements for the disposal of sewage during the next succeeding calendar year. Such requirements shall include the cost of administration, operation, maintenance, repair and replacement of the Metropolitan Sewerage System, establishment and maintenance of necessary working capital and reserves, the requirements of any resolution providing for the issuance of revenue bonds of Metro to finance the acquisition, construction or use of sewerage facilities, plus not to exceed 1% of the foregoing requirements for general administrative overhead costs. (b) To determine the monthly rate per Residential. Customer or Residential Customer equivalent to be used during said next succeeding calendar year, the total monetary requirements for disposal of sewage as determined 4 in subparagraph 3 (a) of this section shall be divided by twelve and the resulting quotient shall be divided by the total number of Residential Customers and Residential Customer equivalents of all Participants for the October- December quarter preceding said July 1st; provided, however, that the monthly rate shall not be less than Two Dollars ($2 . 00) per month per Residential Customer or Residential Customer equivalent at any time during the period ending July 31, 1972 . (c) The monthly sewage disposal charge paid by each Participant to Metro shall be obtained by multiplying the monthly rate by the number of Residential Customers and Residential Customer equivalents of the Participant. An additional charge may be made for sewage or wastes of unusual quality or composition requiring special treatment, or Metro may require pretreatment of such sewage or wastes. An additional charge may be made for quantities of storm or ground waters entering those Local Sewerage Facilities which are constructed after January 1, 1961 in excess of the minimum standard established by the general rules and regulations of Metro. 4 . The parties acknowledge that, by resolution of the Metropolitan Council, Metro may impose a charge or charges directly on the future customers of a Participant for purposes of paying for capacity in Metropolitan Sewage Facilities and that such charges shall not constitute a breach of this agreement or any part thereof. The proceeds of said charge or charges, if imposed, shall be used only for capital expenditures or defeasance of outstanding revenue bonds prior to maturity. In the event such a charge or charges are imposed, . the City shall, at Metro's request, provide such information regarding new residential customers and residential customer 5 equivalents as may be reasonable and appropriate for purposes of implementing such a charge or charges. 5. A statement of the amount of the monthly sewage disposal charge shall be submitted by Metro to each Participant on or before the first day of each month and payment of such charge shall be due on the last day of such month. If any charge or portion thereof due to Metro shall remain unpaid for fifteen days following its due date, the Participant shall be charged with and pay to Metro interest on the amount unpaid from its due date until paid at the rate of 6% per annum, and Metro may, upon failure to pay such amount, enforce payment by any remedy available at law or equity. 6. The City irrevocably obligates and binds itself to pay its sewage disposal charge out of the gross revenues of the sewer system of the City. The City further binds itself to establish, maintain and collect charges for sewer service which will at all times be sufficient to pay all costs of maintenance and operation of the sewer system of the City, including the sewage disposal charge payable to Metro hereunder and sufficient to pay the principal of and interest on any revenue bonds of the City which shall constitute a charge upon such gross revenues. It is recognized by Metro and the City that the sewage disposal charge paid by the City to Metro shall constitute an expense of the maintenance and operation of the sewer system of the City. The City shall provide in the issuance of future sewer revenue bonds of the City that expenses of maintenance and operations of the sewer system of the City shall be paid before payment of principal and interest of such bonds. The City shall have the right to fix its own schedule of rates and charges for sewer service provided that same shall produce revenue sufficient to meet the covenants contained in this Agreement. 6 Section 2 . Effective Date of Amendment. This amendment shall take effect at the beginning of the first quarter following the date first written above with quarters beginning January 1, April 1, July 1, and October 1. Section 3 Basic Agreement Unchanged. Except as otherwise provided in this amendment, all provisions of the basic agreement shall remain in full force and effect as written therein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. C TY OF KENT ATTEST: MUNICIPALITY OF METROPOLITAN SEATTLE Penny- �ee1� Chair of the Counci ATTEST: MAY z z 119 , 7