HomeMy WebLinkAboutPW05-393 - Original - Highline Water District - Establishment of Water Service Area Boundaries - 12/13/2005 CITY OF KENT AND HIGHLINE WATER DISTRICT
INTERLOCAL AGREEMENT FOR
ESTABLISHMENT OF WATER SERVICE AREA BOUNDARIES
THIS AGREEMENT ("AGREEMENT") is entered into between the CITY OF
KENT a Washington municipal corporation ("City") and HIGHLINE WATER
DISTRICT, a Washington municipal corporation ("District"), both being duly organized
and existing under the laws of the State of Washington (individually a "Party" and
collectively the "Parties"),
RECITALS
Both the City and the District are public agencies authorized by law and qualified
to engage in furnishing water service within their prescribed areas, and
It is in the public interest for the Parties to enter into an agreement to provide for
the efficient planning and development for water service in areas that may be served by
either, or both, of the Parties, and
In 1999 the Parties entered into an "Agreement for Amendment to Service Area"
(the "1999 Agreement") relating to a project known as the Kentview PUD ("Project")
located west of and adjacent to the Green River to remove the Project area from the
City's water service area and to include the Project area in the District's water service
area; and
The City has requested that a portion of the Project area be removed from the
District's water service area and included in the City's water service area; the District has
also requested that an additional portion of the Project area be included in the District's
water service area and the Parties now desire to amend the 1999 Agreement to modify the
water service area boundary between the Parties involving the Project area, and
Determining future service area boundaries between the City and the District will
provide for maximum efficient use of existing and future facilities and orderly and
efficient water system planning, and
Pursuant to Chapter 70.116, the 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 Plan and the Parties now
desire to modify their water service areas as provided in this Agreement; and
The City and the District have the legal authority to cooperate with other
municipalities on the basis of mutual advantage and efficient provision of municipal
services pursuant to Chapter 39.34, the Interlocal Cooperation Act.
KENT/HIGHLINE BOUNDARY INTERLOCAL -1-
NOW, THEREFORE, in consideration of the terms and conditions set forth
herein, the City and the District agree as follows:
AGREEMENT
1. Purpose. The purpose of this agreement is to expand a portion of the District's
water service area Into the City's existing water service area, to reduce and relinquish a
portion of the District's water service area to the City and to express attendant rights and
obligations, in order to better serve planned land use development in the City of Kent and
to allow the District to better plan the provision of water service within Its service area.
2. Duration. This agreement shall take effect on the last date approved by both the
Kent City Council and the District Commissioners and shall remain in effect until
modified by mutual written agreement of the Parties.
3. Water Service Areas. The District's current service area in the area affected by
this Agreement is depicted on the map attached as Exhibit "A". The Parties agree that
their water service area boundaries shall be modified in accordance with the service area
boundaries shown on Exhibit "B" and legally described in Exhibit "C" The City shall
provide water service in those areas shown on Exhibit "B" as "City of Kent Water
Service Area", and the District shall provide water service to those areas shown on
Exhibit `B" and legally described in Exhibit "C" as "Highhne Water District Water
Service Area". Each Party shall have the sole responsibility and authority to construct,
maintain, manage, conduct and operate their water systems within their water service
areas as agreed to in this Agreement, together with any additions, extensions and
betterments thereto. The 1999 Agreement and the South King County Coordinated Water
System Plan are hereby modified and amended to be consistent with the Parties' water
service area boundaries in the Project area set forth on Exhibits `B" and "C" attached
hereto
4. City Jurisdictional Rights Both parties acknowledge the water service areas for
the City and the District, are as shown and described on Exhibits `B" and "C" Both
parties acknowledge that the City may exercise all its other jurisdictional rights over
District territory within city limits to which the City will not provide water service.
5. Future Annexations. Each Party may provide water service to the areas shown
and described on Exhibits `B" and "C" without regard to the present corporate limits of
the Parties, and without regard to future corporate limits as they may be amended by
annexations.
6. District Comprehensive Plan. The service areas and attendant rights and
obligations in this Agreement will be included as an amendment to the District's
comprehensive plan The District will submit to the City all comprehensive plans and
amendments involving area and/or system improvements within the City's planning area
or corporate boundaries.
KENTMIGHLINE BOUNDARY INTERLOCAL -2-
7. City Comprehensive Plan. The service areas and attendant rights and
obligations in this agreement will be included in the City's comprehensive water system
plan and amendments thereto.
8. Reliance. Each Party acknowledges that it will rely upon this agreement to meet
the needs of the designated service areas as follows: comprehensive planning;
commitments to provide water service; bonding or other financing; and timing, location,
and construction of capital facilities.
9. Governmental Approvals. The Parties will give notice of the adoption of this
Agreement, as required, to King County, to the Department of Ecology, to the
Department of Health, and to any other agency with jurisdiction. Further, each Party will
cooperate and assist in good faith to procure any necessary approvals by those agencies.
10. Boundary Review Board. In the event that implementation of this Agreement
results in permanent water service to areas that will be outside the boundaries of the City
or the District, the Parties will at the time of that service jointly seek approval of the King
County Boundary Review Board, if required, in accordance with RCW 36 93.090.
11. Service Amendments. Any changes to the service areas described herein shall
be by mutual written agreement only, however, each Party may give staff level
permission to the other on a case-by-case basis to provide service by one Party into the
other Party's adjacent or nearby service area based upon considerations of efficiency and
economy in providing that service.
12. Sanctity of Agreement. 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
13. Obligations Intact. Nothing herein shall be construed to alter the rights,
responsibilities, liabilities, or obligations of either the City or the District regarding
provision of water service, except as specifically set forth in this Agreement
Specifically, and without limitation, this Agreement shall not be construed as a contract
that would limit the City's ability to assume all or part of the District under RCW
3 5.13A.070.
14. Miscellaneous.
A Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises
between the City and the District under any of the provisions of this
agreement, resolution of that dispute shall be available only through the
jurisdiction, venue and rules of the King County Superior Court, King
County, Washington.
KENTMIGHLINE BOUNDARY INTERLOCAL -3-
B. Attorneys' Fees. In any claim or lawsuit for damages arising from the
Parties' performance of this agreement, each Party shall be responsible for
payment of its own legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit.
C. Assignment Any assignment of this Agreement by either Party without
the written consent of the other Party shall be void.
E. Modification. No waiver, alteration, or modification of any of the
provisions of this Agreement shall be binding unless in writing and signed
by a duly authorized representative of the City and the District.
F. Severabilitv. If any one or more sections, sub-sections, or sentences of
this Agreement are held to be unconstitutional or invalid, that decision
shall not affect the validity of the remaining portion of this agreement and
the remainder shall remain in full force and effect.
G. Entire Agreement. The written provisions and terms of this Agreement,
together with any attached Exhibits, supersede all prior verbal statements
by any representative of the City and the District, and those statements
shall not be construed as forming a part of or altering in any manner this
Agreement This Agreement and any attached Exhibits contain the entire
agreement between the Parties Should any language in any Exhibit to this
Agreement conflict with any language contained in this Agreement, the
terms of this Agreement shall prevail.
15. Effective Date. This Agreement will take effect on the last date signed below
APPROVED BY Motion of the City Council of theCITY OF KENT,
Washington, at is regular meeting held on the /3 day of zCQ� y✓ , 2005.
CITY OF KENT:
By. JI R ITE, AYO
Da : l2—a q —DS
ATTEST:
BRENDA JACOBER, ITY CLERK
KENT/HIGHLINE BOUNDARY INTERLOCAL 4-
APPROVED BY RESOLUTION No. (Y�(Y 11-1io13of the Board of Commissions of
HIGHLINE WATER DISTRICT of King County, Washington, adopted at Its regular
meeting held on the I iv4-�rday of NNbyembeY , 2005.
HIGHLINE WATER DISTRICT
By: Mz--L+ F-v-g --eA
Its:
Date. 1 -2-- 2 05
By:
Its:
Date.
P\CrvJ\FILES\OpenFiles\0968\WaterSeniceArealnterlocal DRAFT 102005 doe
KENTMIGHLINE BOUNDARY INTERLOCAL -5-
HIGHLINE WATER DISTRICT
KING COUNTY, WASHINGTON
RESOLUTION 05-11-16B
RESOLUTION OF THE BOARD OF COMMISSIONERS OF HIGHLINE WATER
DISTRICT, KING COUNTY, WASHINGTON, APPROVING AN INTERLOCAL
AGREEMENT FOR ESTABLISHMENT OF WATER SERVICE AREA
BOUNDARIES WITH THE CITY OF KENT.
WHEREAS, pursuant to Title 57 RCW, the Highline Water District ("District") provides water
service to an area in King County known as Highline, and
WHEREAS, pursuant to Title 35 RCW, the City of Kent ("City") provides water service to areas
within and without the City; and
WHEREAS, pursuant to Chapter 70116, the Public Water System Coordination Act, the
District, the City and other water purveyors previously determined and agreed upon the water
service areas between the parties as set forth in the South King County Coordinated Water
System Plan, and
WHEREAS, in 1999 the District and the City entered into an "Agreement for Amendment to
Service Area" (the "1999 Agreement") relating to a project known as the Kentview PUD
("Project") located west of and adjacent to the Green River to remove the Project area from the
City's water service area and to include the Project area in the District's water service area, and
WHEREAS, the City has requested that a portion of the Project area be removed from the
District's water service area and included in the City's water service area; the District has also
requested that an additional portion of the Project area be included In the District's water service
area and the Parties now desire to amend the 1999 Agreement to modify the water service area
boundary between the Parties involving the Project area; and
WHEREAS, determining future service area boundaries between the City and the District will
provide for maximum efficient use of existing and future facilities and orderly and efficient water
system planning, and
WHEREAS, the City and the District have the legal authority to cooperate with other
municipalities on the basis of mutual advantage and efficient provision of municipal services
pursuant to Chapter 39 34, the Interlocal Cooperation Act, now, therefore,
BE IT RESOLVED, by the Board of Commissioners of Highline Water District, King County,
Washington, as follows:
1. The "Interlocal Agreement for Establishment of Water Service Area Boundaries"
Commissioners is hereby authorized and directed to execute the Agreement on
behalf of the District.
2. District staff are hereby authorized and directed to carry out and perform the terms
and conditions of the Agreement.
F 1HOMEWARMDIVIM2005 RESOLUTIONS105-11-16B Interlocal Agreement HWD-Kent DOC Page 1 of 2
HIGHLINE WATER DISTRICT
KING COUNTY, WASHINGTON
RESOLUTION 05-11-16B
ADOPTED BY THE BOARD OF COMMISSIONERS of Highline Water District, King County,
Washington, at a Regular Open Public Meeting held this 16th day of November 2005
BOARD OF COMMISSIONERS
r
RandAill Tay r, res+dent' thleen Q on -Vermeire, Secretary
Gerald R Guite,Co' issioner Vince Koester, Commissioner
George Landon, Commissioner
ATTEST:
I, the undersigned Secretary of the Board of Commissioners of Highline Water
District, King County, Washington, do hereby certify that the within and foregoing is a true and
correct copy of Resolution No 05-11-16B adopted at a regular open public meeting held this
16th day of November, 2005
athleen 6 uong- rmeire, Secretary
F 1HOMEIMARYIADMIN12005 RESOIUTIONS105-11-16B Interlocal Agreement HWD-Kent DOC Page 2 of 2
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EXISTING HIGHUNE WATER DISTRICT 2 OF 2
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CORE 14711 ,Wash291hington
Place 5ult980 101 IRNAL LI�
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NEW HIGHUNE WATER DISTRICT
SERVICE AREA BOUNDARY 1 OF 2 sliQ� 4ti9
14711 NE 29th Place Suite 101 aHdE LBSD
com Bellevue,Washington 98007 EXPMM: 4 29 06
425.885.7877 Fax 425.885.7963
DESIGN
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NEW HIOHLINE WATER DISTRICT SERVICE 2 OF 2 + 3750
AREA BOUNDARY s'+erersa~'
14711 NE 29th Place Sulte 101 l0*ii 1.0
com Bellevue,Washington 98007 �E51 4 89 06
425 885 7877 Fax 425 885.7963
DESIGN T O\E%HIIH\WATEA OISVICT\EMIBIT 92
CORE DESIGN, INC.
BELLEVUE WA 98007
Core Project No: 96098
10/25/05
Exhibit "C"
Highline Water District corporate area boundary
All those portions of Section 3, Township 22 North, Range 4 East, W.M , Section 10,
Township 22 North, Range 4 East, W.M. and Section 15, Township 22 North, Range 4
East, W M., in King County Washington, East of the existing Corporate Boundary Line of
the Highline Water District and West of the following described line:
COMMENCING at the North quarter corner of said Section 15; thence S00°45'33"W
along the west line of the northeast quarter of said Section 15, a distance of 1652 89 feet to
the northerly line of property owned by the City of Kent and a line which is 1000.00 feet
north of the south line of the northeast quarter of said section 15 when measured at a right
angle to said south line, said point being on the Corporate Boundary Line of the Highline
Water District and being the POINT OF BEGINNING of the herein described parcel, and
herein known as Point"A";
Thence S89°51'33"E 301.57 feet to the east line of Tract `R' as shown in a Record of
Survey recorded under King County Recording No. 19991123900001; thence
N00009'08"E 111.00 feet along said east line to the northerly corner common to Tract `R'
and Tract `P'; thence along the westerly boundary of said Tract `P' the following courses
and distances, N81°43'00"E 273 00 feet; thence N08°51'00"W 479 00 feet, thence
N20046'00"W 300.00 feet; thence N09°17'00"E 607.00 feet; thence N68013'00"E 54 00
feet, thence N00°24'36"W 133.96 feet to the southerly boundary of Tract `M'; thence
along said southerly boundary S89°35'24"W 263 29 feet to the southeast corner of Tract
`N', thence continuing along said southerly boundary of Tract 'N' S89°35'24"W 253.87
feet to the aforesaid North quarter corner of Section 15, thence continuing along said
southerly boundary of Tract `N' S89°35'24"W 520.65 feet to the easterly margin of tract
`V', also known as 44'h Ave. South and Riverview Blvd. South; thence along said easterly
margin of Tract `V' N21°47'15"W 27.17 feet; thence along said margin and along a curve
to the right, through a central angle of 14°52'04", an arc distance of 103 02 feet to the
northerly boundary of said Tract `N', thence along said northerly boundary of Tract `N'
N89"35'24"E 809.18 feet to the northeast corner of Tract `N' and the northwest corner of
Tract `M'; thence along the northerly boundary of said Tract `M' N89°35'24"E 189.78 feet
to the southeast corner of Parcel `B'; thence along the boundary of Parcel `B' N13'01'00"E
25 70 feet to the southwest corner of Tract `H'; thence the following courses and distances
along said easterly line of Parcel `B', N13°01'00"E 97 30 feet; thence N07°18'00"W
168 00 feet, thence N08°03'00"E 114 00 feet; thence N17°49'00"E 273 00 feet, thence
N28°57'00"E 124 00 feet, thence N42°30'00"E 172 81 feet; thence N43°42'00"W 247 00
feet to a point of tangency with a 275 00 foot radius curve to the left; thence northwesterly
96098L13A1--update doc, 12/14/05,page 1
along said curve through a central angle of 11°17'20", an arc distance of 54.18 feet to a
point of tangency; thence N54°59'20"W 150 41 feet to the southeast margin of aforesaid
Tract V, thence N37°04'18"E, along said margin, 60 04 feet, thence S54°59'20"E, along
the northeast line of said Tract H, 148.25 feet to a point of tangency with a 335.00 foot
radius curve to the right, thence southeasterly along said curve, through a central angle of
11'17'20", an arc distance of 66.00 feet to a point of tangency; thence S43°42'00"E
194.30 feet to the most southerly corner of Tract J, thence northerly along the easterly
boundaryof said Tract J the following courses and distances; thence N09°35'53"E 90.00
g ,
feet, thence N80°24'07"W 80.00 feet, thence N05°39'22"E 200.90 feet, thence
N76046'07"W 84 59 feet, thence NO1°57'28"E 159 11 feet, thence S88°02'32"E 65.46
feet; thence N06°35'04"E 174 32 feet; thence N56°06'20"E 49.69 feet, thence
N02030'04"E 176.68 feet, thence S76°45'26"E 13.87 feet, thence N11°12'46"W 211.55
feet; thence N87°50'36"W 32.81 feet; thence NO1°13'21"W 223.23 feet; thence
N89058'34"E 22.12 feet; thence N15°22'S6"W 249.00 feet to the centerline of South 216`h
Street; thence S89°58'34"W along said centerline 600.20 feet to the northwest corner of the
southeast quarter of said Section 10 and herein known as Point`B"; thence continuing
S89058'34"W 78.57 feet more or less to a point that lies at the intersection of said
centerline and a line drawn perpendicular to the northwesterly margin of 42nd Avenue
South; thence northerly along said perpendicular line to the intersection of the northerly
margin of said South 216`h Street with the said northwesterly margin of said 42nd Avenue
South, thence northeasterly and northerly along said northwesterly and the westerly
margin of 42nd Avenue South to the westerly margin of Onlla Road South, thence
continuing northerly along said westerly margin to the intersection of said westerly margin
and the northerly property line of Tax Lot No. 032204-9025-09, said northerly line being
260 feet south of and parallel with the north line of the southeast quarter of the southwest
quarter of said Section 3; thence westerly along said northerly line to the intersection with
the west line of the southeast quarter of the southwest quarter, said intersection being a
point on the Corporate Boundary Line of the Highhne Water District and being known as
Point "C" and the terminus of this description.
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9609SL13A1--update doc, 12/14/05, page 2