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HomeMy WebLinkAboutCAG1998-0124 - Original - City of Federal Way - Assumption and Dissolution of Lakehaven Utility District - 03/20/1998 RECEIVED MAY ? 7 0 p RAL WA After Wig,remra to: CITY ATTORNEY 9k 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: tT� 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. O 6.2 This Agreement shall talcs effect immediately and shall continue in effect until � tertninatet.,_s R4 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. ' 2 P i ' • s w 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 w � r c 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 ✓ m O O z-isas d' fl SlQ to