HomeMy WebLinkAboutCAG1998-0124 - Original - City of Federal Way - Assumption and Dissolution of Lakehaven Utility District - 03/20/1998 RECEIVED
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After Wig,remra to: CITY ATTORNEY
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Londi K.Lindell x
Federal Way City Attorney
33530 1st Way South
Federal Way,WA 98003
INT'IIUAXAL AGRFMMMNT
BETWEEN TM CITIES OF KENT AND
FWERAL WAY CMCERMNG ASSUMMON
�1,�,AX � -DISTRICT
This Intedoeal Agrecanant ("AVeMe ntl is made and entered into this c 2.0 day of
March, 1998, by and between the City of Seat, Washington, a non-charter code municipal
corporation ("Kent") and City of Fedeal Way, Washington, a non-charter code municipal
corporation ("Fedeml way"). Kent and Federal Way are iefer, to collectively as the "parties".
REMALS
1. Pursuant to the Growth Management Act, RCW 36.70A.110, cities are the
appropriate local government entity to provide urban services such as water and sewer service;
and
2. Pursuant to King County Countywide Planning Policy FW 13, "within the Urban
O Area, as time and conditions warrant, cities should assume local urban services provided by
0 special purpose districts"; and
3. The area within the Lalmhaven Utility is located within an "Urban Area" as
defined by the King County Comprehensive Plan; and
4. Pursuant to RCW .030, whenever sixty percent (60%) of the area or sixty
percent (60%) of the assessed valuation of real property within a special purpose district such
as a water and sewer district is included within a city, that city may assume the ownership,
operation, and control of that portiori of the district not contained within the boundaries of
another city; and
5. Pursuant to RCW 35.13A.060, a city assuming that portion of a water and sewer
district contained within another city may enter into an Interlocal agreement with that city, to
assume responsibility for operation and maintenance of the district's property, facilities and
equipment within the other city;
Interlocal Agreement Between
Cities of Sent and Federal Way
Concerning IAkebaven AsstunptionMissolotion
Page 2
6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interlocal cooperation and agreements between
municipal corporations; and
7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21,
1997, directing its staff to prepare Notes of latent to Assume and Dissolve the Lakehaven
Utility District('District"), and to file said Notices with the King and Pierce County Boundary
Review
8. Said NWcaes were filed with toe Bing and Place County Boundary Review Boards
on November 4, 1997-and Nov 10, 1997,respectively.
9. As part of the cst of the Districto Federal Way and Kent desire
that Federal Way ream ownership and control of the District property and facilities currently
within the City of Kent until such time as Kent assumes responsibility for providing sewer
services to its citizens, at which time Kent would be responsible for installing, at its expense,
a master meter or appropriate facilities to separate/regulate the two systems; and
10. Kent agrees that the assumption/dissolution is appropriate under RCW 35.13A,
RCW 36.70A, and RCW 36.93; and
11. Federal Way agrees to provide sewer service to ratepayers within Kent at a
reasonable rate, with no surcharge or tax attributable to Kent residents solely due to their
residency; and
12. Kent and Federal Way have determined that it would be in the best interests of
the citizens if M-Intorlocal Agreement setting forth their rights,
duties and r0#MfW5WdN
=- -"' i Way's ownership, operation and maintenance
of property, facilities and equipment owned by the District prior to dissolution and located within
the corporate boundaries of Kent;
NOW,THWIFORB, for and in consideration of the agreements contained herein, the
parties hereto agree as follows:
lfnterlocal Agreement Between
Cities of Kent and Federal Way
Concerning L,akaehaven Assamptlou/Dissoldon
Page 3
ACWJZEACENT
1. Existing District A=ments. Federal Way shall, upon the effective date of
assumption of the L.akehaven Utility District("District"), assume all rights and responsibilities
of the District with respect to any Interlocal agreements or contracts between the City of Kent
and the District. Federal Way shall perform the terms of any such agreement or contract in the
same manner as the District would be required to perform if Federal Way had not assumed the
Dom• w.
2. Federal Way FjmUa. Upon the effective date of Federal Way's assumption
and/or dissobstiori of the District,Federal Way shall have full legal title and ownership of all the
District facilities and the real p Mmq associated with them, located within the Kent corporate
boundaries, including, without limitation the following:
a. 81 sewer lines, including:
2 8-inch ductile iron sewer lines, for a total length of 45.20 feet;
1 8-inch concrete sewer line, for a total length of 299.37 feet;
1 6-inch PVC sewer line, for a total length of 71.83 feet; and
77 8-inch PVC sewer lines, for a total length of 15,119.98 feet.
p�p b. 76 sewer manholes, including:
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1 48-inch drop manhole;
1 48-inch overbuilt manhole;
72 48-inch smndxd manholes; and
3. Kent Facilities. Kent may, at some later date, and after a reasonable notice to
Federal Way, request that Federal Way transfer full legal title and ownership of the District
facilities described in Paragraph 2 above,,MW the real property associated with them, to Kent.
Federal Way shall t ranshr fiA,lagal title and ownership to Kent within a reasonable period of
time following execution of ail agreemptallocating responsibility for the indebtedness and
depreciated capital costs, if any, of the fiCilities (or improvements to them) to be transferred.
Kent will install a master meter or appropriate facilities to separate/regulate the two systems at
its expense prior to such transfer of facilities.
4. Main&=nccMP=Wn and Indebtedness. The City of Federal Way shall, upon
the effective date of Federal Way's assumption and/or dissolution of the District, be responsible
Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakeebaven n
Page 4
for the operation, main e, permitting, taxes, and contractual or bonded indebtedness
associated with the facilities and property described in Paragraph 2 above. Federal Way's
responsibility under this patagraph shall not be deemed to affect the requirement that the parties
agree on an allocation of capital costs and indebtedness prior to transfer of ownership as set forth
in Paragraph 3 above.
5. . Federal Way shall, upon the effective date of
Federal Way'a ash de Dish provide sewer service to ratepayers
residing 3t`�ai[ t � �'`� a-ldMI is uniform for the same class of customer or service.
The rate shall be based on the cost of providing service, which shall be determined according
to, among other things, the costs of maintonuce, operant and repair of the system, the costs
of any special inddftdnm bands or wants, the locaition of various customers and the
difference, if any, in cost of mainWaxwo, operation, repair, and replacement of system parts,
the different character service being fbrnished, capital contributions made to the system,
including but not limited to assessments, and any other matters which present a reasonable
difference as a ground for distinction. Fedual Way shall not impose a surcharge upon Kent
ratepayers in excess of any surcharge,upon any other ratepayers being served by Federal Way,
unless the costs of providing service as determined according to this paragraph reasonably
warrant imposition of the surcharge.
6. General Provisions.
6.1 This Agreement may be amended at any time by the mutual written consent of the
parties.
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6.2 This Agreement shall talcs effect immediately and shall continue in effect until
� tertninatet.,_s
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6.3. Neither party may assign this Agreement without the written consent of the other
party.
6.4. Fac patty shalt beivapoasAfthr the consequences of any negligent or wrongful
act or failure to act on the part of itself, its elected official, agents, volunteers and
employees. Nelda patty assumes responsibility to the other party for the consequences
of an act or admission of any person, firm or corporation not a party to this Agreement.
6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the
remaining provisions or affecting the validity of enforcement to such provisions.
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Interlocal Agreement Betweea
Cities of Kent and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 5
6.6. The parties stipulate that the following persons shall be the contact person for
their respective jurisdiction.
a. City of Kent:
J. Brent McFall, or his/her successor in interest
Director of Operations
22,0- 4th Avenue South
$i (253) 859-3357
Fax: (253) $13-2067
b. City of Federal Way:
Kenneth E. Nyberg, or his successor in interest
City Manager
335301st Way S.
Federal Way, WA 98003
(253) 661-4013
Fax: (253) 661-4024
6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Kent
and Federal Way, and the County Recorder for the County of King.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the
Q day and year indicated.
CITY OF KENT CITY OF FEDERAL WAY
BY: BY: 6LA
im White 6,Kennetfi E. rg
Mayor City Manager
Date•&, Date: 31�3
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Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven Assumption[Dissolution
Page 6
Approved as to Form for Approved as to Form for
City of Kent: City of Federal Way:
Roger Lubovich, City Attorney A 5 Ir, , City Attomey
ATTEST: This day of AT ST- This_day of
1998. 17wrh , 1998.
Brenda JacoberiA.—N. Christine Green, CMC i
Kent City Clerk Federal Way City Clerk ✓
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