HomeMy WebLinkAboutUtilities 2007-02-06 Item 3C - Agreement - Water District #125 Infrastructure Transfer AgreementTo: Mayor Mullet
From: Public Works Directo
Date: February 1, 2007
Subject: Water District 125 Infrastructure Transfer Agreement
ISSUE
Assumption of Water District 125 infrastructure in the Foster /Interurban and Foster Point
areas.
BACKGROUND
This issue was discussed at the January 17, 2007, Utilities Committee. As mentioned, the
transfer of the pipes, meters, services, valves, and hydrants from Water District 125 to the
City of Tukwila requires a process that will amend each of the agency's wholesale water
supply contracts. The transfer agreement will set in motion a two -part process. First, the
City would purchase the infrastructure within the budgeted CIP item for this project.
Secondly, upon approval through Cascade and Seattle Public Utilities, the City will notify
customers in advance and both the District and the City will coordinate the actual turning of
valves and transfer of the customer accounts. The entire customer base already pays for sewer
through Tukwila, so the process of adding the billing code will be faster and more efficient.
RECOMMENDATION
Move to Committee of the Whole for discussion then to Regular Council for approval.
PB:ad
(P:alice\lic 020607 WI) 125)
INFORMATION MEMO
Attachment III.C.
5
INTERLOCAL AGREEMENT
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This Agreement "Agreement is entered into by and between the City of
Tukwila, a Washington municipal corporation "City and King County Water District
No. 125, a Washington municipal corporation "District (individually a "Party" and
collectively the "Parties for the purposes set forth below.
SECTION 1: RECITALS
1.01 Pursuant to Title 57 RCW, the District owns and operates a water system
and provides water service to an area located within King County, Washington. The
District obtains its water supply through a wholesale water supply agreement from the
City of Seattle.
1.02 Pursuant to Title 35 RCW; the City owns and operates a water system and
provides water service to an area located within King County, Washington. The City
obtains its water supply from the Cascade Water Alliance "CWA
1.03 The District's corporate and water service area boundaries overlap or are
adjacent to the City's corporate boundary and water service area.
1.04 The District owns and operates a water transmission main and
appurtenances "Water Main in the area of 56th and 57th Avenues Southeast known as
Foster Point "Foster Point Area") which is located within the City's corporate and water
service area boundaries. The Foster Point Area and Water Main are depicted on Exhibit
A attached hereto and incorporated herein by this reference. The City desires that the
District now transfer ownership of the Water Main to the City for monetary and other
consideration so that the City may serve existing City water customers from the Water
Main.
1.05 The District also owns and operates water supply facilities including water
mains, meters, meter boxes and appurtenances "Water Facilities in the area east of I -5,
west of Interurban Avenue South and south to South 144th Street "Interurban Area as
depicted on Exhibit A• which is located within the District's water service area. The City
desires that the District now transfer ownership of the Water Facilities to the City for
monetary and other consideration. The City also desires that the District transfer its
water service 'customers in the Interurban Area as depicted on Exhibit A to the City so
that the City may provide water service to such customers and water service area.
However, various approvals may be required as a precondition to the District's transfer of
its customers in the Interurban Area to the City including approval by the City of Seattle,
CWA and other governmental agencies.
1.06 Pursuant to Chapter 70.116 RCW, the District and 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.
However, the Parties desire that the water service area boundary between the Parties be
modified and amended to be in accordance with this Agreement. 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.
1.07 The purpose of this Agreement is to provide for the District's transfer and
conveyance of all of its right, title and interest in the Water Main and the Water Facilities
to the City in consideration of the City's payment to the District of certain monetary and
other consideration and that the water service area boundary between the Parties be later
modified and amended to provide for the transfer of the Interurban Area to the City's
water service area.
1.08 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, in consideration of the terms and conditions set forth
herein, the Parties agree as follows:
SECTION 2: AGREEMENT
2.01 Upon the Effective Date of this Agreement, the District shall transfer and
convey all of its right, title and interest in the Water Main and the Water Facilities to the
City without warranty, express or implied, "as is" and "where is provided the District
shall assign to the City any warranties it may have relating to such facilities from third
parties.
2.02 In consideration of the District's transfer of the Water Main and the Water
Facilities to the City, City agrees to pay the District the amount of Two Hundred Forty
Three Thousand Six Hundred and Forty One Dollars ($243, 64 within
days of the Effective Date of this Agreement.
2.03 Following the transfer and conveyance of the ownership of the Water
Main and the Water Facilities by the District to the City, the Interurban Area shall remain
and continue to be in the District's water service area and the customers located within
that area shall continue to be the District's water service customers; the District shall have
the right to continue to bill such customers for water service provided based on the meter
readings for water service supplied from the Water Facilities to such customers; provided
that the Parties agree to cooperate to obtain all approvals necessary from the City of
Seattle, CWA and any other governmental agencies or associations (collectively
"Agency" or "Agencies with jurisdiction relating to such customers and service area to
transfer such area and customers to the City.
2.04 The City agrees to pay all costs and expenses relating to the disconnection
of the Water Main and the Water Facilities from the District's water system, the
connection of such facilities to the City's water system and to transfer the Interurban Area
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and the District's water service customers located therein to the City's water service area,
including, but not limited to any fees, expenses, costs and charges imposed by any
Agency related to or as a condition of approving such transfer of customers or water
service area, provided the District shall provide personnel at District's expense for and to
inspect the disconnection of the Water Main and the Water Facilities from the District's
water system.
2.05 The Parties agree to cooperate to effect the purposes of this 'Agreement
and to execute any further agreements and documents required for the immediate transfer
of the Water Main and the W ater Facilities to the City and the later transfer of the
Interurban Area water. service area and the District's water customers located therein to
the City. In the even the District later transfers its customers to the City in the Interurban
Area, the City agrees to provide such customers with at least forty-five days written and
mailed notice before the date of such transfer.
2.06 The service areas and attendant rights and obligations of this Agreement
shall be included as an amendment to the Parties' respective water comprehensive plans
and any amendments thereto.
2.07 The Parties shall give notice of the adoption of this Agreement, as may be
required, to King County, the City of Seattle, CWA, the Department of Ecology, the
Department of Health, the WUUC, the King County Boundary Review Board and to any
other agency with jurisdiction.
SECTION 3: MISCELLANEOUS
3.01 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.
3.02 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.
3.03. Assignment. Any assignment of this Agreement by either Party without
the written consent of the other Party shall be void.
3.04. 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.
3.05. 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
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validity of the remaining portion of this agreement and the remainder shall remain in full
force and effect.
3.06. 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 co ntained in this Agreement,
the terms of this Agreement shall prevail.
3.07. Approval. Each Party shall approve this Agreement by appropriate
resolution or ordinance and provide the other Party with a certified copy of same.
below.
3.08. Effective Date. This Agreement will take effect on the last date signed
APPROVED BY Motion of the City Council of the CITY OF TUKWILA,
Washington, at is regular meeting held on the day of 2007.
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CITY OF TUKWILA:
By:
Its:
Date:
ATTEST:
Approved as to Form
Office of the City Attorney
By:
Its:
Dated:
CITY CLERK
9
/0
APPROVED BY RESOLUTION No. of the Board of Commissions of
KING COUNTY WATER DISTRICT NO. 125 of King County, Washington, adopted at
its regular meeting held on the day of 2007.
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KING COUNTY WATER DISTRICT
NO. 125
By:
Its:
Date:
By:
Its:
Date:
Approved as to Form
Office of the District Attorney
By:
Its:
Dated:
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