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HomeMy WebLinkAboutILA1978-010 - Original - King County Water District No. 111 - Joint Maintenance and Operation of Water Storage Facility - 12/01/1978 AGREEMENT FOR JOINT MAINTENANCE AND OPERATION OF WATER STORAGE FACILITY AGREEMENT between City of Kent, a municipal corp- oration of the State of Washington, hereinafter called "City" , and King County Water District No. 111, a special purpose district of the State of Washington, hereinafter called "District" . 1. Purpose. The City and the District previously entered into an agreement entitled "Agreement for Construction of Water Storage Facilities. " Pursuant to the Agreement, a water storage facility is being constructed on property owned by the District as more fully described on the aforementioned Agreement. 2. Service Area. Attached hereto as Exhibit A and by this reference incorporated herein is a map describing the service area of each of the parties. 3. Pumping Facilities for Reservoir Supply. City has completed construction of a pumping facility known as the East Hill Booster Station which will supply water to the storage facility referred to in paragraph 1 above. The City has constructed or intends to construct the following mains to provide transmission capability to the storage facility: a. A 12-inch water main on 116th Avenue Southeast; -1- b. An 18-inch water main on 98th Avenue South; c. A 16-inch water main on Southeast 244th Street. The parties understand and contemplate that until the 18-inch and 16-inch mains referred to herein are completed, the Dis- trict will need to continue to operate their present pumping station located at Kent-Kangley Road and 150th Place S.E. to supply peak demands. 4 . Beneficial Interests. a. The water storage facility is designed as a joint facility to furnish each party a certain capacity of water storage. Each party shall share in the cost of the facility in the same proportion as the party is entitled to share in its use. The beneficial ownership interests of the parties are as follows: 1. City - - 57% 2 . District - - 43% b. Four master water meters will be required to intertie the water systems of the City and the District. The meters shall be located as follows: 1. S.E. 256th Street meter located 495 feet west of 124th Avenue S.E. referred to herein as Meter 1. 2. S.E. 282nd Street meter located at 124th Avenue S.E. referred to herein as Meter 2 . 3. Springwood connection meter located at S.E. 277th Place and 124th Avenue S.E. referred to herein as Meter 3. 4. Existing meter at the pumping station -2- located at Kent-Kangley Road and 150th Pl. S.E. referred to herein as Meter 4. The District has acquired and installed Meters 1, 2 and 3 and shall pay for an annual calibration of each such meter. The City shall maintain all of the meters in accordance with the maintenance provisions described in Paragraph 10 hereafter. C. In the design of the facility, size has been determined by combining the requirements of the parties, and it is the intent of this agreement that each party shall be entitled to use the facility in the same manner as though the party had constructed its own facility having the same cap- acity as the share of the joint facility to which the party is entitled. It is agreed that the storage facility will have a total capacity of 3. 5 million gallons and that the beneficial interests of the parties in the reservoir will be as follows: Party % of Interest Size of Interest Gallons City of Kent 57 1,995,000 Water District No. 111 43 1,505,000 It is intended that the City shall be entitled to use the reservoir in the same manner as it could make use of all of the capacity of a single 1, 995,000 gallon reservoir. The District shall be entitled to use the reservoir in the same manner as it could make use of all of the capacity of a single 1,505,000 gallon reservoir. d. No party shall be entitled to withdraw more water than an amount equal to the total capacity of the storage -3- facility plus the total amount of water being supplied from the various sources during any excess demand interval, mul- tiplied by the percentage of beneficial interest of that party. e. The foregoing limitation shall not apply in case of emergency caused by an unexpected break in a main, a major fire, or other unusual sudden occurrence not general to the area served by the facility. During the period of emergency, a party may withdraw water at a greater rate than would otherwise be permitted provided such withdrawal does not jeopardize the normal supply required by the other parties. 5. Control Board. There shall be a control board consisting of three members--one water commissioner from the District, one city councilman, and one person to be chosen by said councilman and said commissioner. Each of the parties may and/or the parties jointly may recall their representa- tive and appoint a replacement at any time. The members of the board shall elect a chairman from among the members who shall preside over the meetings. The board may adopt rules of procedure governing its operation. Decisions shall be made by the affirmative vote of at least two members . Meetings of the control board, other than regularly scheduled meetings, may be called by the chairman or by any two members on written notice sent by certified mail at least three days ' -4- before the date of the meeting. 6. Powers and Duties of Control Board. In order to carry out the purpose of this agreement, and within its provisions, the control board, by majority vote, shall determine such matters of operating policy as may not be specifically covered herein and as may arise from time to time. The board may appoint an operating committee consisting of one or more employees of the parties with such powers and duties as may be determined by the board. The board shall meet at least semi-annually in April and October at a time mutually convenient to the members, which meetings may be waived by 30 days written notice in the event it is determined that the meeting is not necessary. 7. Operating Agent. The City shall be the agent of the parties , acting under the direction of the control board, in operating and maintaining the joint storage facility pursuant to this agreement. 8. Insurance. The control board shall determine the nature and amount of hazard and liability insurance to be provided for the joint facilities and their operation. City shall procure such insurance and the cost shall be prorated between the parties in accordance with the beneficial in- terest of the party as set forth in Paragraph 4 herein, or as subsequently determined by the control board as fairly -5- representing the proportion of benefit each party is entitled to receive from the joint facility. Each party shall be entitled to obtain any additional insurance. 9. Water. The City will bill the District for its share of water consumed. The initial cost of water shall be determined in accordance with previous agreements between the City and the District. 10. Expenses. a. The City shall bill the District for its share of the operating expense incurred periodically and the District shall remit its share of said expense promptly to the City. The City will furnish the District a monthly account of re- ceipts and disbursements. b. The expected regular recurring fixed expenses of administering the joint storage facility shall be paid monthly by the City. The City shall bill the District quarterly for its proportionate share of the fixed monthly expenses and the District shall remit its share of said expenses promptly to the City. c. The sharing of expenses described above between the City and the District will be in the following initial proportions: City of Kent 57% Water District No. ill 43% The proportionate contributions above may be adjusted in the -6- future by the control board to reflect actual use or benefit derived by each of the parties from the facility. 11. Effective Date. The effective date of this agree- ment is December 1, 1978. The District shall be billed and shall reimburse the City as set forth above for recurring expenses and any nonrecurring expenses which have occurred prior to the effective date of this agreement. DATED this day of � , 1978 . CITY 9F-MENT yor By -7 Clerk WATER DISTRICT NO. 111 C issioner tBj ommissioner By Commissioner -7- December 6, 1973 Gerald M. Ormiston Attorney at Law 3737 Bank of California Center Seattle, Washington 98164 Re: Agreement for Joint Maintenance and Operation of Water Storage Facility Dear Mr . Ormiston: Please find enclosed the properly executed copy of the Agreement between the City of Kent and Water District No. ill. The original copy of the Agreement is on file with our City Clerk. Very truly yours, DONALD E. MIRK CITY ATTORNEY /ib / cc: M. Jensen, City Clerk ✓ CITY ace big RECEI_y_ Er AGREEMENT FOR CONSTRUCTION OF WATER STORAGE FACILITIES THIS AGREEMENT dated this s v ove e , , by and between the City of Rent, a municipal corporation of the State of Washington, hereinafter called "CITY" , and Water District 111, a spe- cial purpose district of the State of Washington, hereinafter called "DISTRICT" WITNESSETH: WHEREAS the City and District have mutually agreed that it would be in the best interests of both parties to jointly construct water storage facilities on property owned by the District, and WHEREAS the City and the District have applied for and receiv- ed a grant from the State of Washington Department of Social and Health Services to assist in construction of the facilities, and WHEREAS the City and District have agreed that the benefits ratio to the respective parties of the facilities will be 57% to the City and 43% to the District, and WHEREAS the City and the District have agreed that all con- struction costs not covered by the DSHS grant should be shared, with the City assuming 57% and the District 43% of said costs, and WHEREAS the City and District have agreed that the City will act as the "lead agency" during construction of the facilities, NOW, THEREFORE IT IS HEREBY AGREED 1. The City and the District shall jointly construct water storage facilities on a site currently owned by the Dis- trict and described more particularly on Exhibit A at- tached hereto and incorporated herein by reference as if fully set forth herein. 2. The construction of said facilities shall be financed partially by a grant from the State of Washington De- partment of Social and Health Services. Any construc- tion costs in excess of any grant or grants shall be financed jointly by the City and District, the City to pay 57% and the District 43% . 3. The City shall act as the "lead agency" during construc- tion of the facilities. All billing for construction and services will be submitted to the City for payment. The City will then bill the District for its share of the cost of the project. CITY OF KENT By ATTEST: Cam` ,, �' MARIE DENSE , CITY CLERK �,PPROVED AS TO FORM AND LEGA ITY: DONALD E. MIRK, CITY ATTORNEY °•, WATER DISTRICT 111M C oner By Commis loner By (�&A1, Commis toner - 2 - ro P Law. 34M DESCRIPTION: P% The blest 150 feet of the South 300 feet of the North 330 feet of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 33, Township 22 North, Range 5 East, W.M. , also That portion of the Southwest quarter of the Southwest quarter of the said Southeast quarter of Section 33 lying Easterly of the Westerly 508 feet thereof, and Northerly of the Southerly 429 feet of the said Southwest quarter of the Southwest quarter of the Southeast quarter and Southerly of the Northerly 30 feet of the said Southwest quarter of the Southwest quarter of the Southeast quarter; also That portion of the South 300 feet of the North 330 feet of the Southwest quarter of the Southwest quarter of the said Southeast quarter of Section 33 lying Southerly of the North line of the Southerly 429 feet of the said Southwest quarter, and Easterly of the following described line: Beginning at a point on the South line of the said Southwest quarter of the Southwest quarter of the Southeast quarter which is 508 feet Easterly of the South- west corner thereof; thence Northerly to a point on the said North line of the Southerly 429 feet of the Southwest quarter which is 509.70 feet Easterly of the West line of the said Southwest quarter and the terminus of said line description. TOGFTHER WITH an Easement over, under and across the East 30 feet of the West 180 feet of the North 330 feet of the Southeast quarter of the Southwest quarter of the Southeast quarter of Section 33, Township 22 North, Range 5 East, W.M. ; TOGETHER WITH an Easement over, under and across the North 30 feet of the West 150 feet of the said Southeast quarter of the Southwest quarter of the Southeast quarter; also that portion of the North 30 feet of the Southwest quarter of the said Southwest quarter of the Southeast quarter lying Easterly of 124th Avenue Southeast; also that portion of the South 30 feet of the Northwest quarter of the said Southwest quarter of the Southeast quarter lying Easterly of 124th Avenue Southeast; EXCEPT all coal and minerals and the rightto explore for and mine tha same. Situate in the County of King, State of llashington.