HomeMy WebLinkAboutPW06-325 - Original - King County Water District No. 111 - Water Service Boundaries - 09/05/2006 {
CITY OF KENT, KING COUNTY WATER DISTRICT NO. 111
and CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
WATER SERVICE BOUNDARIES
IS AGREEMENT ("Agreement"), made and entered Into this day of
2006, by and between the City of Kent, a Washington municipal
co poration ( "Kent"), King County Water District No. 111, a Washington municipal
corporation ( 'WD #111"), and the CITY OF AUBURN, a Washington municipal
corporation, ( "Auburn"), all being duly organized and existing under and by virtue of
the laws of the State of Washington (Individually a "Party" and collectively the
"Parties).
WITNESSETH:
WHEREAS, pursuant to RCW 35.A.11.040, Auburn has the legal authority to
exercise Its powers and perform any of Its functions as set forth in RCW 39.34, and
WHEREAS, pursuant to Chapter 39 34 RCW, the Interlocal Cooperation Act,
Auburn has the legal authority to cooperate with other localities and utilities on the
basis of mutual advantage and the efficient provision of municipal services, and
WHEREAS, pursuant to Chapter 39 34 RCW, the Interlocal Cooperation Act,
Kent has the legal authority to cooperate with other localities and utilities on the basis
of mutual advantage and the efficient provision of municipal services, and
WHEREAS, pursuant to Chapter 39 34 RCW, the Interlocal Cooperation Act,
WD #111 has the legal authority to cooperate with other localities and utilities on the
basis of mutual advantage and the efficient provision of municipal services, and
WHEREAS, the parties recognize the responsibility of public water utilities to
provide efficient and reliable service to their customers at reasonable cost; and
WHEREAS, Kent owns, and desires to be the water service provider for a
property currently within the corporate limits of Kent, and within the service areas of
Auburn and WD #111, and
WHEREAS, pursuant to Chapter 70.116 RCW, Public Water System
Coordination Act, the Parties determined and agreed upon the water service areas
between the Parties as set forth in the South King County Coordinated Water System
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Auburn Resolution No 3920
Kent,WD#111 and Auburn Interlocal Agreement
Establishing Water service Boundaries
Page 1 of 9
i
Plan ("Plan") and the Parties now desire to modify their water service area
boundaries as agreed in this Agreement.
NOW, THEREFORE, in consideration of the terms and conditions set forth
herein, the Parties agree as follows:
1. Water Service Area. WD #111 and Auburn agree to relinquish to Kent the water
service area depicted on the map attached hereto as Attachment 1 and legally
described in Attachment 2, which are by this reference incorporated herein. The
Parties agree that the South King County Coordinated Water System Plan and the
water service area boundaries as set forth in the Plan shall be modified to be in
accordance with the Parties' water service area boundaries as set forth In Attachment
1
2. Management, Regulation and Control of Water System. Kent, WD #111 and
Auburn shall have the sole responsibility and authority to construct, maintain,
manage, conduct and operate their water systems within their designated water
service areas as depicted in Attachment 1, together with any additions, extensions
and betterments thereto.
3. Future Annexations. The Parties agree that Kent shall provide water service to
the area depicted in Attachment 1 without regard to the present corporate boundaries
of the Parties and without regard to future corporate boundaries as they may be
periodically altered through annexation
4. Kent Comprehensive Water Planning. The terms of this Agreement will be
included as an amendment t Kent's Com r h n e Water o p e e siv System Plan Kent will
submit to Auburn and WD #111 its Comprehensive Water System Plans and
amendments thereto.
5. WD #111 Comprehensive Water Planning. The terms of this Agreement will be
included as an amendment to WD #111's Comprehensive Water Plan WD #111 will
submit to Kent and Auburn its Comprehensive Water System Plans and amendments
thereto.
6. Auburn Comprehensive Water Planning. The terms of this Agreement will be
included as an amendment to Auburn's Comprehensive Water Plan. Auburn will
submit to Kent and WD #111 its Comprehensive Water System Plans and
amendments thereto.
7. Reliance. Each Party hereto acknowledges that the terms hereof will be relied
upon by the other in its comprehensive planning to meet the needs of the service
area designated herein.
Aubum Resolution No 3920
Kent,WD#111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 2 of 9
8. Liability. Except as set forth in Section 12 regarding default, failure to perform
or negligent conduct, the Parties agree that this Agreement shall not be a source of
liability between the Parties for any failure or interruption of service in the service
area of any Party as designated in this Agreement.
9. Government Notifications. Auburn will give notice of the adoption of this
Agreement to Metropolitan/King County, to the Washington State Department of
Health, to the South King County Regional Water Association, to the Water Utility
Coordinating Committee, and to any other agency with jurisdiction over, or interest in,
the terms hereof, and the Parties shall cooperate and assist each other In all
reasonable manner in procuring any necessary approvals hereof by those agencies.
10. Boundary Review Board. In the event that implementation of the terms herein
result in permanent water service to areas that will be outside the respective service
boundaries of Kent, WD #111 or Auburn, the Parties will, at the time of such service,
jointly file a notice of intention with the King County Boundary Review Board in
accordance with Chapter 36 93.090 RCW and Chapter 57 08 047 RCW
11. Alteration, Amendment or Modification. Kent, WD #111 and Auburn hereby
reserve the right to alter, amend or modify the terms and conditions of this
Agreement only upon written agreement of the Parties to such alteration, amendment
or modification.
12. Indemnification and Hold Harmless. Each Party hereto agrees to protect,
defend, and indemnify the other Parties, their officers, officials, employees and
agents from any and all cost, claims, judgments and/or awards of damages, arising
out of or in any way resulting from the indemnifying Party's, its employees,
subcontractors or agents default, failure of performance, or negligent conduct
associated with this agreement. Each Party agrees that its obligations under this
provision extend to any claim, demand, and/or cause of action brought by or on
behalf of any of its employees, or agents The foregoing indemnity is specifically and
expressly intended to constitute a waiver of each Party's immunity under
Washington's Industrial Insurance Act, RCW Title 51, as respects the other Parties
only, and only to the extent necessary to provide each Party with a full and complete
indemnity of claims made by the other Party's employees. The Parties acknowledge
that these provisions were specifically negotiated and agreed upon by them.
13. Integration. This Agreement constitutes the entire agreement of the Parties
regarding the subject matter hereof, and there are no other representations or oral
agreements other than those listed herein, which vary the terms of this Agreement.
Future agreements may occur between the Parties to transfer additional or future
service areas by mutual agreement.
Auburn Resolution No 3920
Kent,WD#111 and Auburn InterlocaI Agreement
Establishing Water Service Boundaries
Page 3 of 9
14. Obligation Intact. Nothing herein shall be construed to alter the rights,
responsibilities, liabilities, or obligations of Kent, WD #111 or Auburn regarding
provision of water service, except as specifically set forth herein.
15. Duration. This Agreement shall take effect on the last day approved by all of
the Parties and shall remain in effect until modified by written agreement of the
Parties
16. Recording. Pursuant to RCW 39.34 040, following the approval and execution
of this Agreement by the Parties, this Agreement shall be filed with the King County
Auditor.
Auburn Resolution No 3920
Kent,WD#111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 4 of 9
CITY OF KENT
Approved by Motion No. of the City of Kent, Kent, Washington, at its
regular meeting held on the day of
2006.
By:
jjze ooke, Mayor
ten Approved as to form:
City Attorney
City of Kent
KING COUNTY WATER DISTRICT NO. 111
Approved by Resolution No. of the King County Water District No. 111,
Kent, Washington, at its regular meeting held on the day of
, 2006
By:
Patfick Hanis, President
King County Water District No 111
Approved as to form:G`A'
/i, General Counsel
King C Water District No. 111
Auburn Resolution No 3920
Kent,WD#111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 5 of 9
CITY OF AUBURN
Approved by Resolution No. of the City
—off"Auburn, Washington, at its
regular meeting held on the day of^-1?0,CP,r�Au� 2006.
By:
Peter B. Lewis, Mayor
City of Auburn
At est:
1
Dan eltitorn-e,\..
Clerk
Ap ro
niel
Auburn Resolution No 3920
Kent,WD#111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 6 of 9
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CITY OF KENT
KING COUNTY WATER DISTRICT NO 111
AND CITY OF AUBURN
INTERLOCAL AGREEMENT ESTABLISHING
WATER SERVICE BOUNDARIES
ATTACHMENT 1
Attachment 2
Legal Description
THAT PORTION OF THE NORTHWEST QUARTER AND THE SOUTHWEST
QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W M IN
KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF GOVERNMENT LOT 3 IN
SAID SECTION 4;
THENCE WEST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 A
DISTANCE OF 30 FEET TO THE WEST MARGIN OF 124T" AVENUE SOUTHEAST
AND THE TRUE POINT OF BEGINNING,
THENCE SOUTH ALONG SAID WEST MARGIN TO THE NORTHERLY MARGIN
OF SOUTHEAST 304TH STREET;
THENCE WESTERLY ALONG SAID NORTHERLY MARGIN OF SE 304T" STREET
TO THE SOUTHEAST CORNER OF THE PLAT OF CRYSTAL MEADOWS AS
RECORDED IN VOLUME 194 OF PLATS AT PAGES 66 AND 67, RECORDS OF
KING COUNTY,
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY EDGE OF SAID
PLAT TO THE MOST NORTHERLY CORNER OF LOT 10 OF SAID PLAT,
THENCE WESTERLY ALONG THE NORTH EDGE OF SAID PLAT TO THE
NORTHWEST CORNER OF LOT 15 OF SAID PLAT,
THENCE SOUTHERLY ALONG THE WEST LINE OF SAID LOT 15 TO A POINT 50
FEET NORTH OF THE SOUTHEAST CORNER OF TRACT 11 OF THE PLAT OF
THE SOUND TRUSTEE COMPANY'S THIRD ADDITION, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS AT PAGE 100,
RECORDS OF KING COUNTY, WASHINGTON,
THENCE NORTHWESTERLY TO A POINT ON THE NORTH LINE OF THE SOUTH
HALF OF SAID TRACT 11, SAID POINT LYING 135 FEET WEST OF THE EAST
LINE OF SAID TRACT 11,
Auburn Resolution No 3920
Kent,WD#111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 8 of 9
THENCE CONTINUING NORTHWESTERLY TO A POINT ON THE NORTH LINE
OF SAID TRACT 11 , SAID POINT LYING 313.36 FEET WEST OF THE
NORTHEAST CORNER OF SAID TRACT 11,
THENCE WESTERLY ALONG THE LINE COMMON TO TRACTS 10 AND 11 OF
SAID PLAT OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION TO THE
SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTH 120 FEET OF SAID
TRACT 10,
THENCE NORTHERLY ALONG THE WEST LINE OF THE EAST HALF OF THE
SOUTH 120 FEET OF SAID TRACT 10 TO THE NORTHWEST CORNER OF THE
EAST HALF OF THE SOUTH 120 FEET OF SAID TRACT 10,
THENCE WEST ALONG THE NORTH LINE OF THE SOUTH 120 FEET OF SAID
TRACT 10 TO THE WEST LINE OF SAID TRACT 10,
THENCE NORTH ALONG SAID WEST LINE OF SAID TRACT 10 AND THE WEST
LINE OF TRACT 9 OF SAID PLAT OF THE SOUND TRUSTEE COMPANY'S THIRD
ADDITION TO THE NORTHWEST CORNER OF SAID TRACT 9,
THENCE EAST ALONG THE NORTH LINE OF SAID TRACT 9 TO THE
NORTHEAST CORNER OF SAID TRACT 9 AND THE WEST LINE OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4;
THENCE NORTH ALONG LAST SAID WEST LINE AND THE WEST LINE OF
GOVERNMENT LOT 3 OF SAID SECTION 4 TO THE NORTHWEST CORNER OF
SAID GOVERNMENT LOT 3;
THENCE EAST ALONG THE NORTH LINE OF SAID GOVERNMENT LOT 3 TO
THE TRUE POINT OF BEGINNING
Auburn Resolution No 3920
Kent,WD#111 and Auburn Interlocal Agreement
Establishing Water Service Boundaries
Page 9 of 9
CITY OF
ADWR'N
Peter B. Lewis, Mayor
' WASH 1 NGTON 25 West Main Street * Auburn WA 98001-4998 * www auburnwa gov * 253-931-3000
September 18, 2006
Brenda Jacober, City Clerk
City of Kent
220 4th Avenue South
Kent WA 98032
RE: INTERLOCAL AGREEMENT ESTABLISHING WATER SERVICE
BOUNDARIES
Dear Brenda,
Enclosed are two fully executed originals of the City of Kent, King County Water
District No 111 and City of Auburn Interlocal Agreement establishing Water
Service Boundaries. The City of Auburn City Council approved the Interlocal
Agreement on September 5, 2006 pursuant to Resolution No 3920
If you have any questions regarding the agreement, please contact Water Utility
Engineer Jeff Roscoe at (253) 931-4008
Sincerely,
lode,
Danielle Daskam
City Clerk
Enc
AUBURN * MORE THAN YOU IMAGINED