HomeMy WebLinkAbout575RESOLUTI0~\4 NO. 5.70
A RESOLUTION of the City Council of the City
of Kent, Nashington, authorizing the execu-
tion of a First Amendment to Agrcenent for
Sewage Disposal with the Nunicipc:.li ty of
Metropolitan Seattle.
BE IT RESOLVED by the Nayor and the City Council
of the City of Kent, Washington, as follows:
Section 1. The City shall enter into a First
Amendment to Agreement for Sewage Disposal , .. ,i th the
l1unicipali ty of Hetropoli tan Seattle, substantially in
the form presently on file ~vi th the City Clerk, marked
Exhibit A to this resolution and by this reference made
a part hereof.
Section 2. The Mayor and City Clerk are hereby
authorized and directed to execute said First runendment
to Agreement for Setvage Disposal on behalf of the City
in six (6) counterparts, to bear the date hereof and
be effective upon its execution by the Municipality of
Metropolitan Seattle.
Section 3. This resolution· shall take effect
upon its passage.
PASSED by the Council of the City of Kent, Washing-
ton, at a regular meeting thereof, and approved by its
Mayor, this 5th day of June, 1967.
A'l'TEST:
•
I, MARIE JENSEN, City Clerk of the City of Kent,
Washington, DO HEREBY CERTIFY that the foregoing resolution
is a true and correct copy of Resolution No. 57 s-of said
city, duly passed by its Council and approved by its Mayor
at a regular meeting of said Council, held on the 5th day
of June, 1967.
MUNICIPALITY OF METROPOLITAN SEATTLE -CITY OF KENT
FIRST AHENDHENT TO AGREEHENT FOR SEWAGE DISPOSAL
As of this 6 day of~ , 1967; the
City of Kent, Hashington, a Hunicipal Corporation of the
State of Washington, (hereinafter referred to as the
"City") and the Hunicipality of rietropolitan Seattle, a
Hunicipal Corporation of the State of w·ashington, (herein-
after referred to as "i1etro") , in consideration of the
mutual covenants of the parties, do hereby agree:
Section 10 of that certain agreement for smvage
disposal, dated as of May 18, 1967, between the City of
Kent, Washington, and the :Vlunicipality of Metropolitan
Seattle, is hereby amended to read as follows:
" Section 10. Operation, Maintenance
and Use by Hetro or ~·1etropoli tan 'l'runk
sewers conStructed bi-·t11'ecrty. 'l1he cfty
covenants that, w1thin th1rty (30) days
following completion by the City of con-
struction of the i\letropoli tan Trunk
Sewers described in Section 9 and their
connection to the ~1etropolitan Sewerage
System, said sewers shall be free and
clear of all encumbrances and shall not
thereafter be subject to any encumbrances
or to any covenants by the City, other
thah those set forth herein. Iwnediately
upon such connection, 1-letro shall have
the sole duty and obligation to operate,
maintain, repair and replace such trunk
sewers, shall have the right to enforce
warranties of the contractor or contrac-
tors building same, and shall have the
exclusive right to use said trunk sewers
for the transportation 6f sewage collected
within or without the City, subject to
·the right of the City to deliver City
sewage thereto as provided herein upon
payment of sewage disposal charges there-
for and subject to the right of the City
to jointly use said sewer as City trunk
sewers, upon approval by Metro of the man-
ner and location of local City sewer
connections thereto.
• For the right to use the Hetropolitan
Trunk Sewers to be constructed by the
City, i-1etro shall pay to the City an
amount equal to the construction cost
of such sewers less the appropriate
proportion of the Economic Development
Administration grant applicable to such
cost received by the City. Such ap-
propriate proportion shall be a fraction,
the numerator of which shall be the
construction cost of such Metropolitan
Trunk Se\vers and the denominator of \vhich
shall be the total actual sewerage faci-
lity costs to which the contemplated
Economic Development Administration
grant shall apply. Construction cost,
as used in this paragraph only, shall
include payments to the contractor or
contractors and any taxes applicable
to such construction, but shall exclude
engineering design and inspection fees,
costs of right of \•lay acquisition, and
legal costs directly incident to the ac-
quisition of right of way therefor. The
cost of connections of such trunk sewers
necessary to intercept presently existing
sewerage facilities of the City shall be
considered to be part of the construction
cost of such sev1ers.
• Payment of such costs, including progress
payments, shall be made by :-1etro to the
City during the construction period and
thereafter upon completion of construc-
tion within thirty (30) days following
receipt of notification of t~e approval
of such payments by the City and its con-
sulting engineers.
• Any claims beh;een the contractor and the
City arisin~ out of such co~struction and
any claims by property o•.vners or other
third parties against the contractor and/or
the City, arising out of such construction
shall be prosecuted or defended by the
City. Hetro \·Till pay one-half of the
cost of such defense or prosecution and
one-half of the amount of such claims
paid by the City, provided that r-1etro
shall first approve in writing the
settlement of any such claims before
payment is made.
' The above payments shall constitute
full and complete payment by .:-1etro for
the right to use such Metropolitan
Trunk Sewers. 11
IN ~HTNESS \'lHEREOF, the parties hereto have
executed this First Amendment to Agreement for Sewage
Disposal, as of the day and year first above written.
ATTEST:
~~ C~ty Clerk ~
ATTES'l':
MarafYn Sullivan,
Clerk of the Council
HUNICIPALITY OF METROPOLITAN
SEATTLE
By
C. carey Domvorth,
Chairman of the Council
STATE OF WASHINGTON)
: ss.
County of King )
On this day of , 1967, before
me personally appeared ALEX 'l'HOR.."l"TON and ~1ARIE JENSEN, to
me known to be the i··1ayor and City Clerk, respectively, of
the City of Kent, Hashington, a Hunicipal Corporation, and
acknowledged the within and foregoing instrument to be the
free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned and on oath stated
that they v1ere authorized to execute said instrument and
that the seal affixed is the corporate seal of said cor-
poration.
IN WITNESS ~ ... '1'}1EREOF, I have hereunto set my hand
and affixed my official seal the day and year first above
written.
STATE OF tvASHINGTON)
County of King
Notary Publ1c 1n and for the State
of Washington, residing at ------
ss.
On this day of , 1967, before
me personally appeared C. CAREY DmH'lORTH and MAR.ALYN SULLIVAN,
to me knovm to be the Chairman of the Council and Clerk of
the Council, respectively, of the ~-lunicipality of Metropolitan
Seattle, a Nunicipal Corporation, and acknowledged the •.vithin
and foregoing instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to
execute said instrument and that the seal affixed is the
corporate seal of said corporation.
IN \HTNESS \;!HEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above writ-
ten.
Notary Publ1c in and for the State
of Washington, residing at Seattle