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HomeMy WebLinkAboutEC17-100 - Original - Soos Creek Water & Sewer District - Water Service Area Boundry Adjustment - 02/23/2017 i �, G/f1 y� IO /f % eme ,� �AO 0 Records lea y Zl KENT Document wasHrwcsowr j/7—�r/ CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. Alli portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Saes Creek Water & Sewer District Vendor plumber: .IUD Edwards Number Contract Number: Eci� - IDO This is assigned by City Clerk's Office Project Name: 'Water Service Area Boundary Adjustment Agreement Description: ❑ Interlocal Agreement El Change Order © Amendment 0 Contract M Other: Boundary Adjustment Agreement ZIMI1-1 Contract Effective Date: Date entered on Agrmnt Termination Date: Permanent Contract Renewal Notice (Days): N/A Number of days required notice for termination or renewal or amendment Contract Manager: Sean Bauer Department: PW Operations - Water Contract amount: N/A Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id etc.): Water Service Boundary Adjustment Agreement w/Soos Creek Water & Sewer District - Boundary ILA Map Exhbt A/opsl5-114.mxd - Kent Soos Creek W&S Wtr Svc Areas Boudnary Study Map Aug3, 06/o sl5-86_rev3mxd - Areas land 2 printed 6 10 16/opsl6-32a.mxd, Area 3/ops2+-32c.mxd, Areas 3_3A opsl6-342b.mxd, Area 4 ops16- 32d.mxd, Areas 5�5A opsl6-32e.mxd, Area 6 opsl6-32f.mxd, Areas 7 8 8A and 9 ops16- 32g.mxd As of: 08/27/14 4 ,^000 14 *14*0, 100 N'147KENT Agenda Item: Consent Calendar 7J TO: City Council DATE: February 7, 2017 SUBJECT: Soos Creek Water & Sewer District Water Service Boundary Adjustment Agreement - Authorize MOTION: Authorize the Mayor to sign the water service area boundary adjustment agreement between the City of Kent and Soos Creek Water and Sewer District, subject to final terms and conditions acceptable to the City Attorney and Public Works Director. SUMMARY: The City's and the District's water service area boundaries were established and approved pursuant to Chapter 70.116 RCW; the Public Water System Coordination Act of 1977. In accordance with the East King County Coordinated Water System Plan (Soos Creek) and the South King County Coordinated Water System Plan (City), the City and District have been designated the exclusive water service purveyors within our respective authorized water service areas. The City's and the District's retail water service area boundaries have also been established and approved pursuant to water system plans approved by the Washington State Department of Health, King County, and other public agencies with jurisdiction. The City's and the District's exclusive water service area boundaries should be adjusted to reflect existing service to properties provided by either purveyor. If approved, this action will also adjust boundaries to conform to the edges of existing lot lines, where possible, instead of bisecting existing lots. EXHIBITS: Boundary Adjustment Agreement RECOMMENDED BY: Public Works Committee YEA: Ralph, Fincher, Higgins NAY: BUDGET IMPACTS: There is no budget impact to the water utility. WATER SERVICE AREA BOUNDARY ADJUSTMENT AGREEMENT This Water Service Area Boundary Adjustment Agreement ('Agreement") is made and entered into by and between the City of Kent, a Washington municipal corporation ("City"), and Soos Creek Water & Sewer District, a Washington municipal corporation ("District") (each individually a "Party" and collectively the "Parties"), for the purposes set forth below. Recitals A. The City is a non-charter code city formed and existing pursuant to Title 35A of the Revised Code of Washington (RCW). The City owns and operates water and sewer utility systems and provides retail water utility services to customers located within the City's corporate and approved water service area boundaries. B. The District is a water-sewer special purpose district formed and existing pursuant to Title 57 RCW. The District owns and operates a water utility system and provides retail water utility services to customers located within the District's corporate and approved water service area boundaries. C. Portions of the District's and the City's water service area boundaries are adjacent. D. The City's and the District's exclusive water service area boundaries have been established and approved pursuant to Chapter 70.116 RCW, the Public Water System Coordination Act of 1977 ("Act"). In accordance with the East King County Coordinated Water System Plan and the South King County Coordinated Water System Plan prepared pursuant to the Act, the City and the District have been designated the exclusive water service purveyors within their respective authorized water service areas. The City's and District's retail water service area boundaries have also been established and approved pursuant to water system plans approved by the Washington State Department of Health (DOH), King County, and other public agencies with jurisdiction. The water system plans designate the City and the District as the exclusive water service purveyors within their respective authorized retail water service areas. E. The City's and the District's exclusive water service area boundaries need to be revised to reflect existing infrastructure installed and maintained by either the City or the District, as the case may be, and to revise both boundaries to conform to the edges of existing lot lines, where possible, instead of bisecting existing lots. It is cumbersome for developers, City staff, and District staff, when a development proposal is submitted and the water service area boundaries split the proposed development into two separate water service areas. Water Service Area Boundary Adjustment Agreement (between the City of Kent and Soos Creek Water and Sewer District) Page 1 of 3 Therefore, in consideration of the terms and conditions set forth herein, the Parties agree as follows: Agreement 1. The Recitals set forth above are incorporated herein in full by this reference. 2. Water Service Area Boundary Adjustment. The Parties agree the water service area boundary between the City and the District is hereby adjusted as agreed upon by both parties and shown in Exhibit A attached hereto and incorporated herein by this reference, as of the Effective Date of this Agreement. 3. Planning Documents, Other Approvals, and Governmental Notifications. The Parties agree to amend their respective water system plans and any other required planning or permitting documents to document, show and formalize the adjusted exclusive water service area boundary between the Parties as provided for in this Agreement, with each regular update of those plans, permits or other documents. Both Parties shall provide any necessary government notifications, including, but not limited to, notifications to the State Department of Health, or the King County Boundary Review Board, as may be required. However, failure to make those amendments, failure to obtain any required plan approvals involving the service area adjustment, or failure to provide required notifications will not affect the contractual obligations between the Parties as provided for in this Agreement. 4. Miscellaneous. 4.1 Duration. This Agreement is intended to create a permanent water service area boundary change between the Parties. 4.2 Indemnification. The City will defend, indemnify and hold the District, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the City's negligent performance of this Agreement. The District will defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the District's negligent performance of this Agreement. 4.3 Non-Waiver of Breach. Either Party's failure to insist upon strict performance of any of the covenants and agreements contained in this Agreement or to exercise any option conferred by this Agreement in one or more instances will not be construed to be a waiver or relinquishment of those covenants, agreements or options. Water Service Area Boundary Adjustment Agreement (between the City of Kent and Soos Creek Water and Sewer District) Page 2of3 4.4 Governing Law, Resolution of Disputes and Legal Costs. Washington law will govern this Agreement. If the Parties are unable to settle any dispute, difference or claim arising from, this Agreement, the exclusive means of resolving that dispute, difference or claim, will only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the Parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the Parties' performance of this Agreement, each Party will pay all its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph will be construed to limit either Party's right to indemnification under subsection 4.2. 4.5 Assignment or Modification. Assignment, waiver, alteration, or modification of all or part of this Agreement will not be binding on the Parties unless in writing and signed by a duly authorized representative of each Party, 4.6 Entire Agreement. The written provisions and terms of this Agreement supersede all prior verbal statements of any officers or other representatives of either Party, and those statements will not be construed as part of this Agreement. 4.7 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original, and all of which together will constitute one agreement, 4.8 Authority. The Parties represent and warrant this Agreement has been duly approved and authorized by their respective legislative authorities, that each Party has full power and authority to enter into this Agreement and to carry out the actions required of them in this Agreement, and all persons signing this Agreement in a representative capacity represent and warrant they have the full power and authority to bind their respective municipal entities. 5. Effective Date. This Agreement will take effect on the last date entered below ("Effective Date"). The Ciit":f-KL!s7-h-F Soos Creek Water & Sewer District By XXKJe-1 Cw..Ke................. By its mn(M E its ✓ Date:— . .............................. Date:—tk/�/p/6 P,W,Mdwe p-fik,U 3A A0ofi crack ger&5—e,d,st-t%—tu--araa gr--d— Water Service Area Boundary Adjustment Agreement (between the City of Kent and Soos Creek Water and Sewer District) Page 3 of 3 f C ICI a Rento�Y Wader erx iwCe <" �� �_ : �.;S 196 Sty j i �.. y t sCW Water'Sertip�ce AreaRentonr , if ` . Watershed � if � V -`fr .. `� sa � t i f rp _., ;IR l u t ,l,_. e i 11 s, r ,. Y �_ ' ' S ��� 4,fw Fr, i l i 11 6 rr„ aY „i' 6 w � f } o i a c it i t i 1 riaYir y.. � I 7 5i �Ir � '� r 11 1 1 '� 1 9 I1� i - J J 1r 9 KE T I ;b l . ij SE2065 ti !� .. �, Proposed Boundary 6� ° ` �1 + i KE t Dent Water Service 2015 r SOWS Water Svc.area Q 1 fA, CIF � � � 5 V i' ry i ,, aC�re(� E'VISI()nS aG �—� i iV1 ,x �I i i Il 'G GAr� iY i, fi k IV Parcels I i�i rru�rr. 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