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HomeMy WebLinkAboutUtilities 2015-04-28 Item 2B - Interlocal Agreement - Valley View Sewer District Area Transfer (Sewer to Loop Area)City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson Public Works Director BY: Mike Cusick, Senior Program Manager DATE: April 24, 2015 SUBJECT: Valley View Sewer District Area Transfer Project No. 81240203 Interlocal Agreement for Valley View to Provide Sewer to the Loop ISSUE Approve the Interlocal Agreement between the City of Tukwila and Valley View Sewer District to provide sanitary sewer service to the Loop Area of the City of Tukwila. BACKGROUND The City's current Sewer Comprehensive Plan shows the City of Tukwila ultimately providing sanitary sewer to the Loop Area (see vicinity map). Due to the low priority of sanitary sewer for the Loop Area, the project is not listed in the current CIP. Valley View Sewer District has an existing 8" sewer line in 42nd Ave S serving a few properties near S 158th St and 42nd Ave S and along the south edge of the Loop Area. Some properties pump their sewage across a shallow 60" diameter Seattle Public Utilities water line to the Valley View sewer in S 160th St. If the City were to sewer the Loop Area there are two options; the first being a City of Tukwila sewer main traversing along the south edge of SR 518 ROW, in an Area of unstable soils, to an existing sewer main near Crystal Springs Park at great expense. The second option is to have the City of Tukwila install and own the sewers in the Loop Area and connect the sewer to the existing Valley View sewer in 42nd Ave S. At the present time there is no CIP sheet for this project. DISCUSSION The Loop Area is comprised of single family homes with on -site sewer systems sitting on large parcels of land that can be subdivided if public sewers were installed. The City budget does not include funds for the installation of public sewers to the Loop Area. The City is planning to reconstruct 42nd Ave S from Southcenter Blvd to S 160th St in 2016. Prior to this project, Valley View will install a manhole and stub a pipe out of the pavement in 42nd Ave S that could serve the Loop Area. The Loop would then be served by Valley View Sewer District. The installation of sewers in this neighborhood allow for growth in an area located near the Sound Transit Light Rail Station. Valley View Sewer District is willing to plan and construct public sewers to serve the Loop Area, as long as the City supports the project. FISCAL IMPACT There will be no fiscal impact to the City from this Interlocal Agreement with Valley View Sewer District as the City has no sewer facilities to the Loop Area. RECOMMENDATION Council is being asked to approve the Interlocal Agreement between the City of Tukwila and Valley View Sewer District allowing Valley View to provide sanitary sewer service to the Loop Area in the City and consider this item at the May 11, 2015 Committee of the Whole Meeting and subsequent May 18 Regular Meeting. Attachments: Interlocal Agreement with Valley View Sewer District with Exhibits 17 W: \PW Eng \PROJECTS\A- SW Projects \Valley View West Hill Sewer Transfer (81240203) \Info Memo Valley View Interlocal The Loop 04 -24 -15 MPC gl- sb.docx VALLEY VIEW SEWER DISTRICT AND CITY OF TUKWILA SEWER SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between VALLEY VIEW SEWER DISTRICT, King County, Washington ( "District ") and the CITY OF TUKWILA, Washington ( "City "), each a Washington municipal corporation (collectively the "Parties" and individually a "Party"). RECITALS A. The City, a non - charter code city operating under Title 35A RCW, and the District, a sewer district operating under Title 57 RCW, both own and operate sewer collection systems within their respective sewer service areas. B. Pursuant to RCW 35A.11.040, RCW 35.67.300, RCW 57.08.005(12), and Chapter 39.34 RCW, the Parties are authorized to cooperate with each other to provide sewer services in a manner that will best satisfy the geographic, planning, economic, financing and development interests of the Parties. C. An area of the City bounded generally by South 160th Street, 42nd Avenue South, State Route 518, and 51st Avenue South, and commonly referred to as the loop area ( "Loop Area "), currently is not served by a public sewer system. D. Pursuant to RCW 57.08.005(5), the District is authorized to acquire, construct, maintain and operate sewer systems, both within and without the District. Although the Loop Area is not within the District boundaries, the District has adopted a comprehensive plan that includes the Loop Area within its sewer service area. The inclusion of the Loop Area within the District's comprehensive plan authorizes the District to construct a sewer system in and provide sewer service to the Loop Area. E. The City is designing and planning a street project on 42nd Avenue South, in the vicinity of the Loop Area, with construction anticipated in 2016. In conjunction with this street project, the District is designing and planning an eight -inch sewer pipe and a manhole, together with appurtenances, at approximately 42nd Avenue South and State Route 518 ( "District Project "). The District Project, combined with extensions and facilities, would provide sewer service to the Loop Area. In contrast, the nearest City manhole to the Loop Area is approximately 2,000 feet East of the Loop Area. F. The Loop Area is within the City's current Sewer Comprehensive Plan. However, construction of a sewer system in the Loop Area is a low priority for the City, as the native soils in the Loop Area are sufficient to infiltrate wastewater for a majority of the on -site sewer systems in the Loop Area. The City anticipates that several large lots within the Loop Area will be developed in the near future, before the City has constructed a sewer system in the Loop Area. 18 G. The District is willing to construct and install the District Project, and to investigate and plan for sewer service to the Loop Area, as long as the City supports the construction and installation of the District Project, authorizes the District to provide and control sewer service to the Loop Area, and authorizes the property owners who connect to the sewer system to become District customers. The City is willing to allow the District to construct, install and plan for a sewer system to serve the Loop Area, in order to facilitate development of the Loop Area and to eliminate on -site sewer systems, as necessary. The Parties desire to set forth in this Agreement the terms and conditions of such an arrangement and authorization. AGREEMENT In furtherance of the foregoing and in consideration of the following terms and conditions, the District and the City agree as follows: 1. District Construction of Sanitary Sewer Facilities. The District shall design and construct a sanitary sewer pipe and a manhole, together with appurtenances, in conjunction with the City street project for 42nd Avenue South ( "City Project "). The City Project is anticipated to be constructed in 2016. The City will process any permits and approvals for the District Project in a timely manner 2. Designation of and Provider for Sewer Service Area. The District Project will allow for eventual sewer service to the area of land within the City described in Exhibit A and shown on Exhibit B ( "Loop Area "). After the District Board of Commissioners by resolution accepts the District Project, the District shall become the provider of sewer service for the Loop Area. 3. District as Sewer Service Provider. Upon becoming the provider of sewer service for the Loop Area, the District shall have the sole responsibility, power and authority to construct, condemn, purchase, acquire, maintain and operate the sewer system, together with any additions, extensions and betterments thereto. The District further shall have the sole responsibility, power and authority to fix, alter, regulate and control the charges and rates. Any District work in the City streets or right -of -way shall be subject to City ordinances, rules and regulations. After the District has become the provider of sewer service, property owners who connect to the sewer system shall be District customers, and shall be subject to all District laws and regulations. 4. Sewer Connection Ordinance. Upon request of the District, the City shall pass an ordinance that requires the owners of property and buildings in the Loop Area to connect to the District's sewer system and to pay the District's sewer connection charges, in accordance with terms and conditions that are similar to Tukwila Ordinance No. 2007 at Exhibit C but that are established by the District. 5. Effective Date. The effective date of this Agreement shall be the date on which 19 the last person of both Parties has executed this Agreement. The term of this Agreement shall be perpetual. 6. Amendment of Laws and Plans. As soon as reasonably possible following the District's becoming the sewer service provider for the Loop Area, the Parties shall amend their respective plans, ordinances, and resolutions that relate to the ownership, operation and maintenance of a sewer system in and sewer service for the Loop Area. The City shall support and approve any amendments to the District's comprehensive plan for the Loop Area. 7. Cooperation. The Parties shall cooperate with each other with regard to the District's issuance of permits and approvals for and contracts relating to construction of extensions and connections to the District's sanitary sewer system in the Loop Area, and the City's issuance of permits and approvals for development of property and construction of buildings and structures in the Loop Area. 8. District ULID's and District Annexation. The Parties acknowledge that the construction of the sewer system, or any portion thereof, for the Loop Area may involve the creation of a District utility local improvement district, and that the District lacks authority to form a utility local improvement district outside of its territory or boundaries. The City shall support any District proposed annexation of the Loop Area, or any portion thereof. Upon District annexation of the Loop Area, or portion thereof, the City shall support the District's formation of a utility local improvement district in the annexed area. 9. Dispute Resolution. The Parties shall first attempt to resolve a dispute by discussions among a City representative or representatives selected by the Mayor and a District representative or representatives selected by the President of the Board of Commissioners. If the discussions are not successful, the Parties shall engage in mediation within forty -five (45) days of termination of discussions, according to a process and before a mediator agreed upon by the Parties. The Parties shall not resolve a dispute by mandatory arbitration. The Parties reserve their rights to pursue any available Court remedies at any time after the conclusion of the mediation. 10. Records review. Upon three (3) business days notice, or upon notice agreed upon by the Parties, a Party shall have the right to inspect and copy, without charge, all records of the other Party relating to this Agreement or its subjects. 11. Indemnification. To the maximum extent permitted by law, each Party shall defend, indemnify and hold harmless the other Party, and all of its officers, officials, employees and volunteers, from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or resulting from any negligent acts, errors, omissions of the indemnifying Party and its officers, officials, employees and volunteers in performing obligations under this Agreement. However, if any such injuries and damages to persons or property are caused by or result from the concurrent negligence of the District or its officers, officials, employees and volunteers, and the City or its officers, officials, employees and volunteers, each Party's obligation hereunder applies only to the extent of the negligence of such Party or its officers, 20 officials, employees or volunteers. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's immunity under industrial insurance, Title 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. This waiver has been mutually negotiated. This Section 10 shall survive the termination of this Agreement. 12. Notices. All notices and other communications under this Agreement shall be in writing by regular U.S. mail or certified mail, return receipt requested. If to the City, the notice shall be sent to: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 -2544 Attention: or to such other person or place as the City shall furnish to the District in writing. If to the District, the notice shall be sent to: Valley View Sewer District 3460 S. 148th Street, Suite 100 Seattle, WA 98168 Attention: Manager or to such other person or place as the District shall furnish to the City in writing. Notices shall be deemed given upon delivery or, if mailed, upon the earlier of actual receipt or three (3) business days after the date of mailing. 13. Waiver. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement, unless stated to be such through written approval of the non - breaching Party and attachment of such written approval to this Agreement. 14. Severability. If any section or part of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such action shall not affect the validity or enforceability of any other section or part of this Agreement, and the Parties agree to work in good faith to reform this Agreement to conform it to the Parties original intent. 15. Agreement Administration. The Parties do not by this Agreement create any separate legal or administrative entity. The City's Mayor, or designee, and the District's Manager, or designee, shall be responsible for the administration of this Agreement. The Parties 21 do not intend to jointly own any real or personal property as part of this undertaking. The Parties will work cooperatively together to further the intent and purpose of this Agreement. Pursuant to RCW 39.34.040, the City shall list this Agreement on the City's website. 16. Entire Agreement Exhibits; Amendment. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussions. The recitals and the Exhibits attached hereto are incorporated into this agreement as though fully set forth herein. This Agreement may be amended only in writing, signed by both Parties. 17. Successors. All of the provisions, conditions, regulations and requirements of this Agreement shall be binding upon the successors and assigns of the Parties. 18. No Third Party Rights. This Agreement is solely for the benefit of the Parties and gives no right to any other party or person. 19. No Joint Venture. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of the other Party. 20. Jurisdiction and Venue. This Agreement shall be interpreted in accordance with the laws of the State of Washington. The Superior Court of King County, Washington, shall have exclusive jurisdiction and venue over any legal action arising under this Agreement. 21. Prevailing Party Costs. If either Party incurs attorney fees, costs or other legal expenses to enforce the provisions of this Agreement against the other Party, all such fees, costs and expenses shall be recoverable by the prevailing Party. 22. Counterparts. This Agreement may be signed in counterparts and, if so signed, shall be deemed one integrated agreement. 23. Further Documents. The Mayor and the President of the Board of Commissioners, or their designees, are authorized to execute or furnish such documents as may be necessary to implement and consummate this Agreement and the actions, duties or responsibilities of this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their authorized representatives. CITY OF TUKWILA VALLEY VIEW SEWER DISTRICT Mayor Board President Date: Date: 22 Attested to: Attested to: City Clerk Clerk to Board of Commissioners Approved as to form: Approved as to form: , City Attorney Rod P. Kaseguma, District Attorney 23 EXHIBIT A Valley View Sewer District Tukwila Loop Boundary Description That portion of the Southeast Quarter of Section 22, Township 23 North, Range 4 East, W.M. lying southwesterly of the southwesterly margin of State Route No. 518, as shown on Sheet 7 and 8 of approved Washington State Department of Transportation Right of Way plans for State Route No. 518, Mile Post 0.39 to Mile Post 3.10, Riverton Heights, State Route No. 509 to State Route No. 5, approved March 6, 1969. Except the East half of the Southeast Quarter of the Southeast Quarter of said Section 22. And Except Lot 64, Plat of Sunnydale Gardens Division No. 1, recorded in Volume 25 of Plats, Page 50, records of King County, Washington; And Except that portion of the South half of said Southeast Quarter of said Section 22 lying west of Lot 34 of said plat, and it's southerly extension to the south line of South 158th Street; And Except Lots 107 through 109 in said plat of Sunnydale Gardens Division No. 1; And Except the North Half of South 160th Street; Together with that portion of Lot 106, of said plat, Tying south of said southwesterly margin of said State Route No. 518. Situate in the City of Tukwila, County of King, State of Washington. 24 25 • vlcy(CC6YT.'.j.-.i - .•.l<.y 91,1. '.:119'X115 CcaRr,'. 5.,,,,. ti4O •f N,N 'MS 0[011.N JORTII ; w�a v-0 _ (Depiction of Loop Area) Valley View Sewer District I1L ]I F� d •,., 2 '• Mie-•P •.• 1" xt..wd.+•.R.v pV1.Md..I4tW NaJ. l.•w M.l 13n.I•Mb.1 MYMIK. �. I •+• Y Ym4.T,y1.r11,.. t Inch . 150 f!!; R 11 .'n CMnMiOgEARAES! KTf7/841 �F/�4iIf57 --' 26 EXHIBIT C City of Tukwila Washington Ordinance No 4-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING SEWER CONNECTION REQUIREMENTS FOR THE DUWAMISH AREA; DEFINING SERVICE AREA BOUNDARIES; PROVIDING FOR SEVERABIIITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, a sewer plan identifying seven residential and two commercial areas has been prepared with a prioritized construction schedule; and WHEREAS, the City of Tukwila has granted the Val Vue Sewer District the nght to install and operate the sanitary sewer system for the Duwamish neighborhood; and WHEREAS, sewer Imes meet Washington State Department of Ecology standards; and WHEREAS, a Sewer Connection Charge will be paid at the time of connecting or before final building permit approval to the Val Vue Sewer District for new facilities; NOW, THEREFORE, THE QTY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS. Section 1. Duwamish Sewer Connection Charges. Duwamish area homed - as spelled out by Section 2 of this ordinance, existing on November 30, 2002 - will be required to connect to the sewer and pay the associated connection charges if any portion of any building is situated within 250 feet of a sanitary sewer lire or lateral, and it a) septic or health problems are identified by iCuig County Health Department that require repair of the septic tank system, or b) the home changes ownership, or c) remodeling occurs, adding a bathroom or bedroom Section 2. Service Area Boundaries. The Duwamish service area is bordered by the Duwamish River on the north and the east. East Marginal Way South on the west and Interurban Avenue South on the south, as shown on the map attached to this ordinance (Exhibit A). Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 8. Effective Date. This orduusnce or a suniminry thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this of day of lL�,r,►p�. re-tf� +J , 2002. ATTEST /AUTHENTICATED: E Cantu, QvfC, City Clerk APPROVED AS TO FORM BY: fine o 1'*' ty Attorney S>�w ►■iNi %-- Steven M. Mullet, Mayor Filed with the City Clerk- /// 7 Q 2 Passed by the City Council f9 i Published: Effective Date: Ordinance Number. 20030213002124.002 27