HomeMy WebLinkAboutCAG2020-317 - Original - Lake Meridian Water District - Kent/Lake Meridian Water District Water Serivce Area Boundary Adjustment - 10/14/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget Account Number:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
DATE: October 6, 2020
TO: Kent City Council
SUBJECT: Kent/Lake Meridian Water District Service Area Boundary
Adjustment Agreement - Authorize
MOTION: Authorize the Mayor to sign a Water Service Area Boundary
Adjustment Agreement between the City of Kent and Lake Meridian Water
District, subject to final terms and conditions acceptable to the Public
Works Director and City Attorney.
SUMMARY: The City’s and Lake Meridian Water District’s (District) 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 South
King County Coordinated Water System Plan the City and the District have been
designated the exclusive water service purveyors within their 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 has received a subdivision plat application proposing a 19-lot development
called the Buetow Preliminary Subdivision (Subdivision) within the corporate
boundaries of the City of Kent. The Subdivision is located on the northwest corner
of 124th Avenue SE and SE 253rd Street and will encompass four legal parcels.
Three of these parcels are currently within the City’s water service area boundary
and the fourth parcel, #2122059032, is located within the District’s water service
area boundary.
Serving water from both the City and the District will add construction costs to the
development of the Subdivision. To avoid these additional costs and prevent dead
end water mains caused by two water service providers, the District proposed that
the City be the sole supplier of water to all 19 lots within the Subdivision in a letter
to the City dated August 4, 2020 and add parcel #2122059032 to its water service
area.
BUDGET IMPACT: None. Agreement is for service area only.
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1.Lake Meridian Water Boundary Adjustment Agreement (PDF)
09/22/20 Committee of the Whole RECOMMENDED TO
COUNCIL BY CONSENSUS
RESULT: RECOMMENDED TO COUNCIL BY CONSENSUS
Next: 10/6/2020 7:00 PM
WATER SERVICE AREA
BOUNDARY ADJUSTMENT AGREEMENT
This Water Service Area Boundary Adjustment Agreement (“Agreement”) is
between the City of Kent, a Washington municipal corporation (“City”), and Lake
Meridian Water District, a Washington municipal corporation (“District”).
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 a water
system and provides retail water utility services to customers located within the City’s
corporate and approved utility service area boundaries.
B. The District is a water special purpose district formed and existing
pursuant to Title 57 RCW. The District owns and operates a water utility system and
provides retail water services to customers located within the District’s corporate and
approved water service area boundary.
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 South King
County Coordinated Water System Plan (“CWSP”) 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 has received a subdivision plat application proposing a 19-lot
development called the Buetow Preliminary Subdivision (“Subdivision”) within the
corporate boundaries of the City of Kent. The Subdivision is located on the northwest
corner of 124th Avenue SE and SE 253rd Street and will encompass four legal parcels.
Three of these parcels are currently within the City’s water service area boundary
and the fourth parcel, #2122059032, is located within the District’s water service
area boundary.
F. Serving water from both the City and the District will add construction
costs to the development of the Subdivision. To avoid these additional costs and
prevent dead end water mains caused by two water service providers, the District
proposed that the City be the sole supplier of water to all 19 lots within the
Subdivision in a letter to the City dated August 4, 2020 and add parcel #2122059032
(“Property”) to its water service area.
Now therefore, 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 so that
all the Property as legally described on Exhibit A will be added to and lie entirely
within the City’s exclusive retail water service area as of the Effective Date of this
Agreement. A depiction showing the adjusted and modified exclusive retail water
service area boundaries between the parties in the area of the Property is attached
for illustrative purposes as Exhibit B.
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 required government notifications, including without
limitation, notifications to DOH and the King County Boundary Review Board.
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 will remain in effect as 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.
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 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. This Agreement constitutes the entire understanding
and agreement between the parties as to the subject matter herein and no other
agreements or understandings, written or otherwise, shall be binding upon the
parties upon execution 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 date the last Party
signs it. ("Effective Date").
The City of Kent
Lake Meridian Water District
By Dana Ralph By
Its
r
Date: 10/12/2020
Its
Exhibit A
Legal Description
LOT 4, KING COUNTY SHORT PLAT NO. 1181076R, RECORDED UNDER RECORDING
NUMBER 8112150647, IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 22
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON.
ALSO, THE EAST 30.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 21, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON.
132 Av SE116 Av SESE 256 St
SE 240 St 148 Av SESE 248 St
124 Av SE104 Av SESE Kent Kangley Rd108 Av SESE 224 St
S E 2 7 7 S t108 Av SE148 Av SEAPN#2122059032 124 Av SESE 251 St
SE 253 St
123 Pl SE122 Wy SESE 252 Pl
SE 251 Pl
SE 254 Ct
123 Pl SESE 251 Pl
Proposed Boundary Line
Proposed Expansion Area
Existing Water Service B oundary Line
Parcel Lines
Street Centerlines
CityLimitsBoundary
±
0 100
Feet
N.T.S.
Exh ib it B
Kent/Lake Meridian Water District Service Area Boundary Adjustment
ops20-43 .mxd