HomeMy WebLinkAbout91-041 - King County Water District #25 - Dissolution and Assumption of ResponsibilitiesCITY OF TUKWILA
WASHINGTON
ORDINANCE NO. A.6 9 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, ASSUMING
JURISDICTION OF THE TERRITORY OF WATER
DISTRICT NO. 25, AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, all of the territory served by Water District No. 25 is included within the
corporate boundaries of Tukwila, and
WHEREAS, the Commissioners of Water District No. 25 have requested that Tukwila
assume the responsibility of the water service to its rate payors, and
WHEREAS, it appears to be in the best interests of the residents of Tukwila residing in
Water District No. 25 for the City to assume such responsibility,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Assumption of Jurisdiction. The City of Tukwila, Washington, pursuant to
RCW 35.13A.020, hereby assumes jurisdiction over the entire territory of Water District No. 25
in accordance with the terms and conditions agreed to by both parties in the interlocal agreement
signed April 1, 1991 and included as Attachment A.
Section 2. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five (5) days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL 0 THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this.2 day of z •' 1.
401P
(e't' . Van Dusen, Mayor
ATTEST/AUTHENTICATED:
E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
I
By /tL." (' r' ,
FILED WITH THE, ITY CLERK:
PASSED BY THE CITY COUNCIL; rj - C) c( 1
PUBLISHED: r�'. act _ c1
EFFECTIVE DATE: (p - 3_9 I
ORDINANCE NO.: 1 s c1 `�
•tCFILE #`?/—eS'/
AGREEMENT FOR DISSOLUTION OF KING COUNTY WAVER DISTRICT NO. 25 2/4— q/
AND ASSUMPTION OF RESPONSIBILITIES BY THE CITY OF TUKWILA
CO. _D,11-1 S
THIS AGREEMENT made this / day of , 1991, between Water
District No. 25, King County and the City of Tukwila, a munici o ality,
WHEREAS, Water District No. 25 was formed and is authorized under Title 57 RCW (Water
Districts) of the laws of the State of Washington; and
WHEREAS, City of Tukwila is a corporation organized under Title 35 RCW (Cities & Towns) of
the laws of the State of Washington; and
WHEREAS, all of the territory served by Water District No. 25 is included within the corporate
boundaries of Tukwila; and
WHEREAS, the Commissioners of Water District No. 25 have petitioned for the City of Tukwila to
assume the responsibility of water service to its rate payers as documented in Exhibit "A" of this
Agreement; and
WHEREAS, assumption of such responsibility was recommended and agreed to in the Skyway
Coordinated Water System Plan, the regional planning document for this area which was prepared and
approved in accordance with Chapter 70.116 RCW (Public Water System Coordination Act of 1977); and
WHEREAS, it appears to be in the best interests of the residents of Tukwila residing within Water
District No. 25 for the City to assume such responsibility,
NOW, THEREFORE, the City of Tukwila and King County Water District No. 25 hereby agree to
the following:
Section 1. Dissolution and Assumption of Jurisdiction. The City of Tukwila, Washington,
(hereinafter referred to as City) pursuant to RCW 35.13A.020, hereby assumes jurisdiction over the entire
territory of Water District No. 25, all of which is entirely within the corporate boundaries of the City of
Tukwila as indicated on Exhibit "B". Dissolution of the Water District shall be effected in accordance
with RCW 35.13A.080.
Section 2. Transfer of Assets and Liabilities. Under this Agreement all assets and liabilities of
Water District No. 25 as defined in Exhibit "C" - Assets and Exhibit "D" - Liabilities of this Agreement
are hereby transferred to the City of Tukwila.
Section 3. Assumption of Responsibility. The City of Tukwila hereby assumes all responsibility for
water service to those residents of the City of Tukwila which are within the limits of King County Water
District No. 25. Such responsibilities include providing domestic water service in accordance with the
policies and practices of the City and as required by State Law. The City assumes these assets and
liabilities at no direct cost to the City.
Section 4. Rates and Fees. Residents of Water District No. 25 will be charged rates and fees for
provision of water service in accordance with the City's normal seasonal rates for such services.
However, the amount of difference between current Water District No. 25 rates and the City of Tukwila
current rates will be supplementally applied toward the repair, replacement or upgrade of water facilities
within the Water District No. 25 area, during the time of necessary capital improvements provided for in
the City's 1990 Supplemental Engineering Study for Water District No. 25.
Section 5. Documentation of Assets. The Water District hereby agrees to provide the City with all
bills of sales it has for all real property, pipes, valves, meter facilities, etc. The District also agrees to
provide the City with copies of title reports showing free and clear title for all real estate and other assets.
Such titles to assets shall be conveyed by the District to the City.
Section 6. Documents. Information and Access to be Furnished by the District. District shall
deliver to the City legible copies of all books, records, documents and other information relating to the
operation and maintenance of Water District No. 25 and relating to the real property described on
Exhibits "C" and 'D" including, but not limited to (as available to District and in existence): (a) all
records, source logs, flow records, (b) all records, manuals and information relating to the
transmission/distribution system including pipe, pumps, meters and appurtenances thereto, including
location of the distribution system, (c) list of inventory and supplies, (d) copies of all easements, (e)
customer lists, including names and addresses and billing records, (f) all warranties and guarantees as
applicable and relating to the system, (g) plans and specifications for the water system as available to the
District, including as-builts, and including but not limited to drawings and specifications, (h)
governmental inspection reports. The District shall also grant the City at reasonable times within thirty
(30) days following the date of execution of this Agreement by District and City, the opportunity to
inspect and examine the property described on Exhibits "C" and "D". District shall assist the City in
identifying and inspecting the real property to be assumed.
Section 7. Indemnification. Water District No. 25 shall indemnify, defend and hold harmless the
City from any and all costs, claims, losses, expenses or other damage suffered or incurred by the City
resulting from, or arising out of the breach of any representation, warranty, covenant or agreement made
by the District herein. Each party shall indemnify, defend, and hold harmless the other against all costs,
claims and demands, including attorneys fees and costs, incurred as a result of any act or omission arising
out of the terms of this Agreement.
Section 8. Entire Agreement. This Agreement constitutes the entire agreement between the two
parties hereto with respect to assumption or other transaction contemplated herein and shall not be
modified or amended in any way except in writing and signed by all parties hereto.
Section 9. Further Action. The District and City agree to execute all other instruments and
documents as may be required in order to consummate the assumption contemplated herein and shall use
their best efforts to accomplish this assumption in accordance with the provisions of this Agreement.
Section 10: Recording. This Agreement shall be recorded with the King County Auditor/Office of
Records immediately upon its execution by the parties herein.
Section 11. Effective Date of Agreement. This Agreement shall be in force and effect upon
approval by the Washington State Boundary Review of King County and the King County Superior Court
in accordance with the requirements of RCW 36.93 and RCW 35.13A.020. The City's first billing date
will be on the last day of a month following said Effective Date of Agreement and will include all water
consumed between the last reading date done by Water District No. 25 personnel and the City's
commencement date for the meter reading and the first billing. The Tukwila base meter charge will be
applied to all City of Tukwila billings.
A'1"1'EST/AUTHENTICATED:
ane E. Cantu, City Clerk
WATER DISTRICT 25
ommission6r, Water District 25
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
B " T
WATER DISTRICT 25
etAL
Commissioner, Water Distr t 25
LIST OF EXHIBITS
A. Petition for Takeover
B. Boundary Map and Legal Description
C. List of District Assets
D. List of District Liabilities
Kang Caunty,at.e.,fi.stri. No. 25
12084 -: 44th. t rc1i. So.
Seattle, Tr�`ashington 98178
Phone: 762-8845
EXHIBIT A
Ross Earnst, P.E.
Director
Public Works Department
6200 - SouthCenter Boulevard
Tukwila, Wa. 98188
Dear Mr. Earnst:
April 4, 1989
The Commissioners of Water District No. 25 have directed me to make a
formal request to The City of Tukwila, to assume the responsibility of
Water Service to the rate payers of Water District No. 25.
As I understand you, this letter will constitute our formal request.
The Commissioners. and I would like to arrange a meeting with you to
discuss the details of the transition -at your earliest convenience.
Please contact me or our clerk with an agreeable time for you.
CRM/dot
Sincerely,
C. R. Morgan/Manager
APR 1 0 1989
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EXHIBIT B
WATER DISTRICT NO. 25
Created November 15, 1926
Resolution No. 2332
Commencing at the NE oorner of Seotion 10, Township 23 North, Range 4 E.W.M.,
King County, State of Washington, running thence West along the North line of
said Section 10, approximately 4650 feet to an interseotion with the Paoific
Highway; thenoe Southerly along the center -line of the Paoifio Highway approx-
imAtely 3900 feet to a point opposite the S,uth line of Tract 22 of Riverside
Interurban Tracts; thence East 1000 feet to the West line of the right of way
of the Puget 'Sound Eleotrio Railway; thence Southerly along the West line of
said right of way approximately 850 feet to a point opposite the South line
of Tract 33, Riverside Interurban Tracts; thence East to the thread of the
Duwamish River; thenoe upstream along the thread of the Duwamish River to an
intersection with the Beaoon Coal Mine Co. Road Revision, survey Number 1929;
thence Northeasterly along said survey Number 1929 approximately 350 feet to
the center line of the County Road; thence Northwesterly along said oenter line
approximately 1900 feet to an intersection with the South line of Section 11,
Township 23 North, Range 4 E.W.M.; thence Northerly approximately 625 feet to
the intersection of Harold Avenue and Berkshire Street; thence Northwesterly
along the center line of Harold Avenue approximately 800 feet to a point opposite
the oenter line of Block three, Allentown Acres; thence Northerly along the
oenter line of said $look three, 1260 feet to an intersection with the center
line of Juniper Street; thence West approximately 1100, feet to the East line of
Section 10, Township 23 North, Range 4 E.W.M.; thenoe North along the East line
of said Section 10 approximately 2600 feet to the point of beginning.
EXHIBIT C
WATER DISTRICT 25
ASSETS: BUILDING & LAND
PROPERTY ADDRESS: 12232 43rd Avenue South 98178
QTR: southeast Section 10, TOWNSHIP 23, RANGE 4
KING COUNTY DEPARTMENT OF ASSESSMENTS
REAL PROPERTY HISTORY
ACCOUNT NUMBER: 017900-0270-0
TAXPAYER NAME: WATER DISTRICT NO. 25
SHORT LEGAL DESCRIPTION: LOT 10 OF BLOCK 2, ALLENTOWN ADDITION RECORDED
IN VOLUME 12, PAGE 100, KING COUNTY ADMINISTRATION BLDG. PLAT RECORDS.
* * * * * * * *ASSESSED VALUE H I S TORY * * * * * * *
YEAR LAND.- -----IMPS TOTAL LEVY -CODE DATE
83 $6,600 $5,100 $11,700 x 4563 12/11/81
85 $6,600 $5,100 $11,700 x 4563 04/12/84
87 $5,900 $4,700 $10,600 x 4563 03/01/86
89 $5,400 $4,600 $10,000 x 4563 11/13/87
91 x 2419 11/14/89
91 $8,400 $5,000 $13,400 x 2419 01/05/90
* * END OF VALUE HISTORY * *
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INTERLOCAL AGREEMENT FOR MAINTENANCE AND OPERATION
OF WATER DISTRICT 25
THIS AGREEMENT is made and entered into between THE CITY
OF TUKWILA, a municipal corporation organized under the.laws of the
State of Washington (hereafter "Tukwila") and WATER DISTRICT 25, a
utility organized under the laws of the State of Washington
(hereafter "District"), as of this Tenth day of December, 1990, for
the purpose and under the r•^nda.t;.,ons as set forth below, and under
the authority of the Interlocal Cooperation Act, Chapter 39.34,
RCW:
1. DURATION. This Agreement shall commence as of the tenth day of
December, 1990, and shall continue in force until December 31,
1991, or until the takeover of District by Tukwila, whichever
occurs earlier.
2. SEPARATE LEGAL ENTITY. No separate legal entity is created by
this Agreement.
3. PURPOSE. The purpose of this Agreement is to provide for the
orderly and continued maintenance and operation of District pending
the takeover of District by Tukwila, specifically including but not
limited to emergency repairs and pipeline location services. The
parties hereto recognize and agree that District is currently
without any operational management and that an emergency exists
requiring the immediate intervention and provision of services by
Tukwila.
4. FINANCE AND BUDGET. The District will continue to be financed
by revenue generated by its ratepayers, together with such other
funds determined solely by Tukwila, and provided by Tukwila, to be
necessary or convenient to effecting the Purpose of this Agreement
as specified above. District hereby agrees to assign its ratepayer
revenue to Tukwila to the full extent necessary to compensate
Tukwila for all actual costs and expenses for labor, equipment, and
materials, including administrative overhead of 17%, incurred in
performing this Agreement.
The budget for effecting the Purpose of this Agreement shall
be -al determined by Tukwila.
5. TERMINATION OF AGREEMENT. This Agreement shall terminate as
set forth in paragraph One, above, or upon thirty days written
notice by either party for any other reason. If this Agreement
shall be terminated by District pursuant to such written notice,
then Tukwila shall be entitled to receive compensation for all
services rendered pursuant to this Agreement, as calculated
pursuant to paragraph 4.
Any property acquired as a result of this Agreement shall
become the property of Tukwila upon termination of this Agreement
in any manner or by any means.
6. NOTICES. All notices or other written communications which may
be required shall be effective upon actual receipt and shall be
given as follows:
THE CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
WATER DIS RICT 25
1Z.0 � PL•
SES LE, U 44 1T -11K
7. ?ADMINISTPATOR. The administrator for this Agreement chat l
the Public Works Director for Tukwila, or his or her designee.
8. ACQUISITION AND DISPOSITION OF PROPERTY. The parties do not
contemplate that any property, real or personal, will be acquired
pursuant to this Agreement, other than revenue generated by
District ratepayers. To the extent any property is acquired, it
will be obtained in a manner mutually agreeable to both parties and
will become, upon termination of this Agreement, the property of
Tukwila as previously set forth above.
9. INDEMNITY AND ATTORNEYS FEES. Each party to this Agreement
shall defend, indemnify, and hold harmless the other against all
costs, claims and demands, including attorneys fees and costs,
incurred as a result of any act or omission arising out of the
terms of this Agreement. If this Agreement becomes the subject of
litigation or arbitration, the prevailing party shall be entitled
to recover reasonable attorneys fees and costs.
10. FILING OF AGREEMENT. Copies of this Agreement shall be filed
with the parties to this Agreement, the King County Auditor, and
the Secretary of State, pursuant to RCW 39.34.040.
CITY 0
DATED AS OF this Tenth day of December, 1990:
Y VANDUSEN, MAYOR
ATTEST:
a e Cantu, City Clerk
APPROVED AS TO LEGAL FORM:
Michael Kenyon/, City Attorney
WATER -DISTRICT 25
ameJ64Awe Aicititkvks, Condfssidi1e,
ATTEST: