HomeMy WebLinkAbout2364C�
ORDINANCE NO. ;�d,-15
AN ORDINANCE of the City of Kent,
Washington accepting transfer of a portion of
the property and facilities of Water District
87 and directing the Mayor to petition for
dissolution of the District.
WHEREAS, the Commissioners of Water District 87 are
desirous of disincorporating the District; and
WHEREAS, the Cities of Kent and Auburn are willing to
tenter into a contract to transfer respective portions of the water
system to the Cities for future operations; and
WHEREAS, the City Council of the City of Kent has
reviewed the proposal, a copy of which is attached hereto labeled
Exhibit "A", and by this reference made part of this Ordinance; and
no
WHEREAS, the City Council finds that such a transfer
ld allow for improved services to the customers of Water
District 87; and
WHEREAS, the City Council also finds that it is in the
best interests of the health, safety and general welfare of the
citizens of the City of Kent; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO
iEREBY ORDAIN AS FOLLOWS:
Section 1. The Transfer Agreement attached hereto
labeled Exhibit "A" is hereby adopted and approved.
Section 2. The Mayor is hereby authorized and directed
:o petition the Superior Court of the County of King for the
issolution of Water District 87.
Section 3. The City Clerk is hereby authorized and
directed to transmit a certified copy of this ordinance to all of
the parties to the agreement attached hereto.
Section 4.. This ordinance shall take effect and be in
(force five (5) days from and after its passage, approval and
1publication as provided by law.
ISABEL HOGAN, MAYOR
(ATTEST:
I BETTY ; ... Y, DEP ,TY CITY CLERK
(APPROVED AS TO FORM:
P. STEPHEN DiJULIO, CITY ATTORNEY
PASSED theday of 1982.
APPROVED the % j%day of 1982.
PUBLISHED the �(J day of 1982 .
I hereby certify that this is a true copy of Ordinance
No.passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
(SEAL)
BETT - GRAY, PEPUTY CITY CLERK
4
AGREEMENT CONCCE'aWIAG TRA,6FER OF `y.,' lG CGUN Y
WATER DIS'i RICT WO. 87'S 'IWATZR SYSTEM TO THE
CITIES OF AUBURN AND KENT
April 1, 1982
IT IS AGREED by and between WATER DISTRICT 87, King County, a Washington
Municipal Corporation ("WD 87"); and the Cities of AUBURN ("Auburn") and KENT,
("Kent") Washington, collectively, "the cities") as follows:
1. Autoority
This agree.,,enz is enceraa i neo pursuant to RC'W 35A.13.070, which
aut+iorizes one or riore cities and water districts to contract regarding
ownership of property, providing dor water service, and operation of
facilities.
2. Transfer of Water Systera
The ownership of WD 87's entire "hater system" shall, as of the uaove
date, be transferred and conveyed to Auburn and Kent, in the manner
provided below.
The term "water system" shall i nclude, but not be limited to, all WD 87
water mains and appurtenances; hydrants; easements; licenses; franchises;
permits and facilities, rights and assets of any kind or nature whatsoever.
Said transfer is subject to the cities' performance of all of the terms
and conditions of this agreement.
The cities hereby accept their respective portions of the water system on
the terms of this agreement.
3. Division of System
The entire WD 87 water system 'lying
line will become the property of the
the water system ( lying nor-6werly of
become the property of Kent:
southerly of the following described
Auburn and the remaining portion of
the following described line) shall
Starting at a point of intersection on the westerly
boundary line of WD #87 which is the easterly margin of
the Chicago Milwaukee and St Paul Railroad right-of-way
with the southerly right-of-way line of S. 277th street
and projecting easterly therefrom along said southerly
right-of-way line to an intersection point with the
easterly margin of the Burlington Northern Railroad
right-of-way thence northerly therefrom along said
easterly line to an intersection point with the northerly
right-of-way line of S. 277th street thence projecting
easterly therefrom along said northerly right-of-way line
to the easterly boundary line of WD 487 which is the
westerly line of S.S. Highway #5 (aka) East Valley Highway.
WD 87's customer records will be divided between the cities, according to
the above division of the water system and any temporary services.
The limited hand tools and miscellaneous personal property owned by WD 87
will be transferred to Auburn.
4. Connection to Auburn System
Tne cost of inter-connectting the WD �7 w ter system to .Auburn's water
system shall be paid for from monies presently in the WD 87 maintenance
fund.
The City of Kent is presentiy connected to the WD 87 water system, and no
further connections are presently needed.
5. Costs and Expenses/WD 87 Money
The following shall be paid from WD 87 money, in the following order of
priority:
WD 87 routine debts and expenses.
WD 87's attorney's fees for drafting of this
agreement, and related work.
Any attorney's fees arid/or cc:;ts i n oa';; J nq
boL:,aary review oo iro or other governr,,ental
approvals (user parayrapr, iC 'nereof) .
Cost of i Ater-conccti ng Ine RSC 67 sys gem to
Auburn's water system (per paragraph 4 hereof).
To the extant -that any 10 87 m3noy -;J� Aif.& after;^ dayr,:eat of the above, the
same shall be divined even" y oetweero the citses proportionate to the
number of WD 87 customers to be served perman:!ntly by the cities.
To the extent that
the WD 87
funds are inadequate
to pay all of the above,
then the City of Auburn shall
bear u;,y remaining
cost of i neer-coanecti ng
the water systems.
If there
is insufficient WD 87
money to oay all of the
other above -listed
items in
full (other than !dD
debts), then any amount
remaining due shall
be borne
by the cities according
to the same permanent
customer ratio as above.
6. Service Interruptions
The cities each agree that transfer of the water system will not result in
any interruption of water service to any WD 87 customer other than that
normally experienced in the day-to-day operation of the respective water
systems.
7. Water Rates
The cities each agree that former WD 87 customers shall, following
transfer and in the future, be changed for water service, and pay the same
connection and other charges, as the cities charge in each case, its other
customers in tile same class o; service. Sevice shall also be of the same
quality as that received by other customers in the same class.
A 8. Temporary Service
Auburn and Kent recognize, and agree, that until their respective water
systems are readily available within the present WCC 87 service area, each
will have to extend temporary water service to existing customers on the
opposite side from them on the above described boundary line. During such
temporary service, the customers shall pay the serving city's rates and
charges, and tie serving city will maintain the water mains, hydrants and
meters serving those temporary customers.
The city temporarily serving such customers will turn over the customers
to the other city on request. Both cities agree to cooperate in the
transition of these customers from one city to the other and agree that
water service to the customers will not be interrupted unnecessarily
during the transition.
No property temporarily served by one of the cities shall be assessed, or
otherwise required to pay, for new•water mains or facilities in order to
transfer their services over to the other city unless said property is
specifically benefitted beyond the availability of the existing service.
No new water services including five hydrants and rive service lines will
be connected to a water main owned, by one city but temporarily being
utilized to serve the above said customers (property), without the written
consent of the other city.
-3-2-
2/11/82
3-2-
2/11/82
9. Preferential E'mpioyment
The employees of WD 87 shall be entitlea to Offers of comparable full-time
employment from both Auburn and Kent, in accordance with RCW 35.13A.090.
10. Governmental Approvals
If, in the opinion of either city, it is necessary to so obtain approval
of this agreement by the King County Boundary Review Board, King County
Council, and/or any other governmental body, then that city shall so
notify the other parties to this agreement prior to transfer of WD 87's
remaining monies to the cities.
The cities shall detannine, between the,—,selves, which city (or WD 87)
shall ootai . such approval(s). Regati dl, �s of who Obtains the approval(s),
the cost the,^eof shall be paid from WD 81 funds to the extent available.
11. Financial Records
WD 87's financial and other records are available on request, for
inspection and copying by either of the cities.
12. WD 87 Indebtedness
WD 87 shall, as above, pay all of its debts from its present funds. WD 87
warrants that on the effective date of this agreement it wil''have no
debts. Further WD 87 has no bonds, warrants or similar oblications
outstanding, and will not issue any in the future. WD 87 also warrants
that it does not have any ULID or other assessments receivable, and will
not form any improvement districts in the future.
WD 87 warrants that, to the best of its knowledge and the knowlege of its
Water Commissioners, there are no pending, asserted or threatened claims,
suits or liens against it or any of its water system, monies or other
assets. IF WD 87 or any its commissioners should receive notice or
knowledge of any such claim, suit or lien prior to the effective date of
this agreement, WD 87 will immediately notify other cities. The Water
Commissioners of WD 87 shall not be personally liable for the foregoing
warranties; and shall not be personally liable for performance of any of
the terns of this agreement unless they shall., by Board of Water
Commissioners's action, vote or otherwise cause to breach of this
agreement.
13. WD 87 Continuing Authority.
Following the effective dare of this agreement,' WD 87 shall remain a
':aunicipal corporation, and its commissioners shall remain in office for at
least their present terms of office, unless WD 87 is sooner dissolved as
set forth below. During the continued existence of WD 87, its
commissioner shall not exercise any rights, privileges, powers or
T'uncti ons provided by law to WD 87, except at the request of one or both
of the cities. If such request is made by only one of the parties, then
such.actions shall be taken only with respect to that city's. portion of
the WD 87 water system. The WD 87 Commissioners shall not be obliged to
undertake any action unless it is necessary to implement, clarify or carry
out this agreement and, in such cas.e, the other city(ies) requesting the
action shall thereby agree to save the WD 87 Commissioners harmless from
any liability in respect to the same.
14. Dissolution of WD 87.
Any one or more of the parties to this agreement, or anyone else having
standing to do so, may petition and/or take such steps having standing to
do so, may petition and/or take such steps as are necessary to dissolve WD
87 under any available statutory authority cad procedure. In the event.
that WD 87 has not been dissolved within five (5) years of the effective
date of this agreement, then the cities agree that they will immediately
thereafter petition for the dissolution of WD 87 pursuant of RCW 57.90
governing the aisincorporaticri, of special districts that have not actively
carried out any of the district's purposes or functions for a period of
3-3-
2/11/82
-3-
2/11/82
A
five years, or any similar or oth&r statutes tne+n in effect. The cost of
such di s j ,"icorrorati on shall be borne by the cities in the same proportion
as other expenses are provided for in this agreement.
15. Approval uy Parties
This agreement shall be submitted to the governing bodies of each of the
parties and approved by City Ordinance and Water District Resolution.
Certified copies of said ordinances and resolution shall be furnished each
of the parties to this agreement. Adoption of said ordinances and
resol uti �)n shall serve in lieu of signature to this agreca.ent.
Notwiths-�andinq the effective date set forth as the beginning of this
agreement, this agreement snail be effective 45 days after i t is approved
by all t,,ree ;3) parties.
DATED as of the date set fortis hereinabove.
1681-57A
r Y OF J1�N
ZC TY OO�F� KENT
L WATER DISTRICT 0. 87, KING COUNTY
3-4-
2/11/82
KING COUNTY WATER DUSTRUCT NO.87
RISOLUTION NO. 57
A RESOLUTION approving an agreement
with the City of Kent and the City of
Auburn concerning the splitting of the
assets afid service area of water District
No. 87.
BE IT RESOLVED that the attached agreement, dated the let of April,
1982, between the City of Auburn, City of Kent, and mater District No. 879
be, and it is hereby, approved.
ADOPTED at a regular meeting of the Board of Commissioners of Water
District No. 87, King County, held this 5th day of January,1983•
BOARD OF WATER COMMISSIONERS
WATER DISTRICT NO.87
KING COUNTY, WASHINGTON
b �.._—
Robert Ros 1� v n
JA
by
Dougl G.~arta m
byk^,�
Jo} h Valentine
'JAN ' f -3 1983
STATE OF WASHINGTON)
ss.
COUNTY OF KING )
I, Coralee A. McConnehey, the duly appointed, qualified City Clerk
of the City of Auburn, a Municipal Corporation and Code City, situate in
the County of King, State of Washington, do hereby certify that the fore-
going is a full, true and correct copy of Resolution No. 1341 entitled,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, T•]ASHINGI'ON,
AUTHORIZING THE TIAYOR OF THE CITY OF AUBURN, TO F.XE=, AN AG1UTMEW
BETWEEN THE CITY OF AUBURN AT\10 =, G COUNTY TIATER DISTRICT NO. 87
CONCERNING THE TRANSFER OF KING COUNTY T�ATFR DISTRICT N0. 87's TaATFR
SYSTEM TO THE CITY OF ALMURN.
I further certify that said Resolution No. 1341was duly passed
by t Council and approved by the Mayor of the said City of Auburn, on
the �th. day of July , A.D. , 1982 .
WITNESS my hand and the official seal of the City of Auburn, this
13tiday of August , A.D., 1982 .
C
CITY CLERK OF THE CITY OF AUBURN
A
1
2
3i
4
5'
6,
7
8
9
10
11
12
13
14
15
15
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
RESOLUTION NO. 1 3 4 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON,
AUTHORIZING THE MAYOR OF THE CITY OF AUBURN, TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF AUBURN AND KING COUNTY WATER DISTRICT NO. 87
CONCERNING THE TRANSFER OF KING COUNTY WATER DISTRICT NO. 871S WATER
SYSTEM TO THE CITY OF AUBURN.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING
DULY ASSEMBLED, HEREWITH RESOLVES THAT:
THE Mayor of the City of Auburn, Washington, is herewith authorized and
directed to execute an Agreement between the City of Auburn and King County
Water .District No. 87 concerning the transfer of King County Water District
No. 87's water system. A copy of said Agreement is attached hereto, denomi-
nated as Exhibit "A" and made a part hereof as though set forth in full
herein.
THE Mayor is -hereby authorized.to implement such administrative procedures
as may be necessary to carry out the directions of this legislation.
DATED and SIGNED this 6th day of July, 1982.
ATTEST:
------------------------
Resolution No. 1341
7/6/82
ITY OF AUBURN
AY
I