HomeMy WebLinkAboutRes 0485 - LID #19 (Local Improvement District) - City of Renton Use of Sewer FacilitiesCITY OF
FOLLOWS:
RESOLUTION NO 485
RESOLUTION AUTHORIZING MAYOR FRANK TODD TO
EXECUTE AN AGREEMENT ON BEHALF OF THE CITY
OF TUKWILA WITH THE CITY OF RENTON ALLOWING
A PORTION OF THE CITY OF RENTON TO MAKE USE
OF L.I.D. SEWER FACILITIES.
THE CITY COUNCIL OF THE CITY OF TUKWILA RESOLVE AS
That Frank Todd, Mayor, be and he is hereby authorized
to execute on behalf of the City of Tukwila an agreement with the
City of Renton authorizing a portion of the City of Renton to
make use of sewer facilities in Local Improvement District No. 19.
That a copy of said agreement is attached hereto and incorporated
herein by reference.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, And approved by the Mayor at a regular meeting thereof
this 2nd day of June 1975
Frank Todd Mayor
Shirlee Kinney City Clerk
A D D E N D U M
(Re Agreement between City of Tukwila
and City of Renton dated August 7, 1975)
LCAG 048 -75
Suppl.#1 -76
WHEREAS, the City of Tukwila and the City of Renton
entered into a certain Agreement under date of August 7, 1975,
relating to the construction and maintenance of a certain
interceptor sewer line (Tukwila's Local Improvement District
No. 19, hereinafter called "LID 19 which said line runs
through certain portions of the City of Renton to collection
trunk sewer lines constructed and maintained by the
municipality of metropolitan Seattle; and
WHEREAS, the parties have heretofore agreed and do
hereby agree to amend Paragraph 4 of said Agreement in order
to clarify the right of the City of Renton to impose and
collect certain use or service fees,
NOW, THEREFORE, IT IS HEREBY AGREED and covenanted
by and between the parties as follows:
1. Paragraph 4 of that certain Agreement
dated August 7, 1975, be and the same is hereby
amended to read as follows:
4. That Renton shall have the
right to authorize connections to said
line by property owners of property situ-
ated within the boundaries of Renton,
King County, Washington, subject to
approval by Tukwila and described as
follows:
See Exhibit "B"
under such terms and conditions as Renton
may establish for making such connections;
in addition to any other charges imposed
by any governmental authority, the City
of Renton shall have the right to impose
ATTEST:
and collect its customary use or service fees
for services rendered to any user located
within the territorial limits of the City of
Renton which such use or service fee shall
also include the established fee due the
municipality of metropolitan Seattle.
2. All other terms and provisions of that certain
Agreement dated August 7, 1975, shall remain in full force
and effect.
hands and seals on the hfi day of 3'61 c.
CITY OF TUKWILA
ATTEST:
City Clerk Pro Tem
0
City Clerk
IN WITNESS WHEREOF, the parties hereto have set their
By
By
2
Mayor
CITY OF RENTON
1976.
THIS AGREEMENT, made and entered into this 7 day of
}(Arms C -F— 1975 by and between the CITY OF TUKWILA, a municipal
corporation of the State of Washington, hereafter called "TUKWILA and
the CITY OF RENTON,.hereinafter called "RENTON
WITNESSETH:
THAT WHEREAS, Tukwila and Renton situated contigu'ously in King County,
State of Washington, and
WHEREAS, Tukwila has constructed an interceptor sewer line (Local
Improvement District #19, hereinafter called "LID 19) extending from the
present sewer system operated by Tukwila within its boundaries, and running
through certain portions of Renton to collection truck sewer lines constructed
by the Municipality of Metropolitan Seattle, and
WHEREAS, certain areas hereinafter described situated within the
boundaries of Renton may also be served by use of said interceptor line,
thereby eliminating the necessity of Renton constructing such trunk facilities,
and
AGREEMENT
CAG 048 -75
WHEREAS, Tukwila is willing and has constructed and paid for the costs
of said line and Renton is willing and desirous to reimburse Tukwila for
an agreed upon portion of said construction costs, according to the terms
and conditions hereinafter set forth.
NOW, THEREFORE, it is hereby mutually covenanted and agreed by and
between the parties hereto, as follows:
1. That the entire construction cost of said interceptor line (LID 19),
according to the engineering plans therefor, heretofore prepared by Tukwila
and approved by Renton have been paid by Tukwila
2. That said line has been constructed through and across certain
areas within the City of Renton, King County, Washington, described as follows:
"See Exhibit A" (LID 19)
Renton shall grant to Tukwila a permit for the construction, operation and
maintenance of said line.
3. That said line shall be used, operated and maintained by Tukwila
for service of their present and future customers for transferring sewage
collected by Tukwila and by Renton within their respective territories for
delivery to the Metro trunk line and no payment or service charge therefore
shall be required by either of these parties one to the other for the
privilege of such use other than as hereinafter set forth herein for
reimbursement of construction costs, maintenance and repairs.
4. That Renton shall have the right to authorize connections to said
line by property owners of property situated within the boundaries of Renton
King County, Washington,-subject to approval by Tukwila and described as follows:
AGREEMENT
"See Exhibit B"
Page 2
under such terms and conditions as Renton may establish for making such
connections.
5. No person, firm or corporation shall be granted a permit, or be
authorized to tap into, hook onto, or use said sewer interceptor line,
as hereinabove described, without first paying unto Renton, in addition
to any and all other costs and charges made or assessed for such hookup,
tap, or use, an amount of not less than $0.017941856 (Interceptor charge)
per square foot of area included in any such properties for which
connections are allowed by Renton.
In addition, Tukwila will issue permits and require payment of a
"Regular Connection Charge" for all connections to the interceptor line
within the Corporate Limits of the City of Tukwila in accordance with
Tukwila Municipal Code, Sections 14.12.050 through 14.12.070, 14.12.170
through 14.12.200 and 14.16.070 which are herein incorporated in this
Agreement as:
"Exhibit C"
All amounts received by Renton shall be paid out by it unto Tukwila
under the terms of this Agreement within sixty (60) days after receipt
thereof. Furthermore, in case any tap, hookup, or connection is made into
any such interceptor sewer, without such payment first having been made
as hereinabove set forth, the City Council of the City of Renton may
remove or cause to be removed, such unauthorized tap, hookup, or connection,
and all connecting tile or pipe located in the facility right -of -way, and
dispose of unauthorized materials so removed, without any liability whatso-
ever to any party.
It is expressly understood that the aforesaid minimum charge per
square foot, (based on the provisions of R.C.W. 35.92.025), shall not
prevent Renton from adding or imposing such other reasonable charge for
collection and bookkeeping services, including taxes, if any, that may
reasonably be incurred by Renton, in providing for the collection service
herein undertaken for and on behalf of Tukwila; it being stipulated that
the aforesaid per square foot rate is solely a method of measurement of
the amounts due and owing to Tukwila for properties allowed to connect
and use of said interceptor line facility.
6. That as between these parties, it is stipulated that the proportionate
share of costs of said interceptor line is as herein specified and that it
is Tukwila's intent to be reimbursed by the abutting property owners for
such costs. It is expressly agreed and covenanted by and between the parties,
that Renton does in no way warrant payment of any such sum, or sums, during
the life of this Agreement, and that Renton's obligation hereunder shall be
limited solely and exclusively to the collection of charges, as above stated,
AGREEMENT Page 3
from property owners who wish to hook up and connect to said interceptor sewer
trunk line. No interest shall be charged Tukwila upon such sum, or any other
sum, by Tukwila, and Renton's agency for collection purposes on behalf of
Tukwila shall not impose in any way any liability or other costs upon
Renton, and Tukwila hereby agrees to hold Rentonharmless from any liability
relating to the costs of installation, or Tukwila bonded indebtedness in
connection therewith.
7. That maintenance costs, repairs and operation,necessarily incurred
for said interceptor line within the boundaries of Renton shall be borne
by Tukwila. Damage to said interceptor line which may be caused by the
negligence of either of these parties, their agents or assigns, shall be
repaired by the responsible party.
8. Any hookup, tap, or connection to said interceptor line covered
by the articles of this Agreement shall remain in and be operated by Renton
at its sole expense, and Renton hereby agrees to hold Tukwila harmless from
any liability relating to the costs of installation, or Renton bonded indebt-
edness in connection therewith.
9. If such hookups, taps or connections to said interceptor line, as
herein described, discharge materials which cause blockage or damage to
said interceptor line, Renton shall reimburse Tukwila for all costs incurred
in correcting such blockage or damage, provided Renton has the right to inspect.
10. That ownership of said line shall remain in Tukwila until the
expiration of a period of .12 from date hereof. Thereafter, Renton
shall be under no further obligation to collect or remit any other or
further sums to Tukwila as reimbursement for construction costs and owner-
ship of said line shall be vested in Tukwila with full and complete right
of use thereof allowed to each party and with expenses of maintenance thereof
continued upon the same basis as hereinabove set forth.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
on the day and year first above written.
ATTEST:
City Clerk
ATTEST:
City Clersi
CITY OF TUKWILA
Mayor Pro- Tem
CITY OF RENTON
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SEWAGE DISPOSAL AGREEMENT
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DEPARTMENT OF PUBLIC WOF
14.16.060 City -metro agreement charges. In addition
to those charges set forth in Section 14.16.030 there shall
be charged each month those charges as set forth and de-
'fined in Section 5 of the Tukwila Metro agreement as adopted
by Ordinance 461. (Ord. 462, 1966: Oxd. 341 §11, 1961).
14.16.065 City -metro rate increase. The city -metro
charges as provided for in Section 14.16.060 and as re-
quired by the Agreement for Sewage Disposal between the
municipality of metropolitan Seattle and the city of Tuk-
wila is set at the sum of three dollars and forty -four
cents per residential customer and per residential customer
equivalents. %r
The terms "residential customer" and "residential cus=
tomer equivalents" are as defined in "The Agreement for
Sewage Disposal" between the city of Tukwila and the muni-
cipality of metropolitan Seattle, dated October 1, 1966,
which is incorporated herein by reference.
This rate increase
tions of "The Agreement
This rate increase
(Ord. 656 §1 -4, 1970)
I4: .060 14.16.070
is subject to the terms and condi-
for Sewage Disposal."
shall be effective January 1, 1971.
14.16.070 Regular connection charge. In addition to
the permit fees required by Chapter 14.12 the property owner
seeking connection to the sewerage system of the city, in
order that such property owner shall bear his equitable
share of the cost of the city's entire sewer system, shall
pay prior to connection to a city sewer, a regular connec-
tion charge in accordance with the following schedule:
The fee for each single dwelling house shall be
seventy -five dollars.
The fee for multiple dwelling structures such as
duplex houses, bungalow courts, apartment buildings,
trailer and auto courts or motels or similar structures,
shall be one hundred fifty dollars for the first dwelling
unit and five dollars for each additional dwelling unit.
The fee for any hotel, office building, store,
church, school, college, university, conuaercial, hospital
or industrial structure shall be computed by the city en-
gineer at the rate of one -half cent per square foot of floor
space of said building or structure, for first one
hundred thousand square feet; and one fourth cent per
square foot for any remaining area in excess of one hundred
198 (Tukwila 6/15/71)
14 3.072 14.16.074
thousand square feet, to a maximum fee limit of one thou-
sand five hundred dollars. The minimum fee for connecting
any such building or structure to a public sewer shall be
one hundred fifty dollars. (Ord. 667 §1, 1971).
14.16.072 Special connection charge Payment. In
addition to the regular connection charge there is hereby
imposed upon properties which have not been assessed or
charged or borne an equitable share of the cost of the city
sewerage system, a special connection charge which shall
be paid prior to connection to the city sewer in an amount
to be computed under Section 14.16.074.
The special connection charge shall be paid in cash or
on an installment contract with interest at seven percent
per year computed annually or on unpaid balances. Such
contract shall provide for a down payment of five percent
of the total connection charge, payable upon execution of
such contract and for payment of the balance in forty
quarterly installments payable on each January 1st, April
1st, July 1st, and October 1st. Such installment contracts
shall provide that any unpaid balance may be paid in full
in any year of the time the first quarterly payment of
such year is due and payable, shall describe the property
served by the sewer, shall be acknowledged by the property
owner and shall be recorded by the city clerk in the office
of the county auditor at the expense of the property owner.
Delinquent payments under such installment contract shall
be a lien upon the described properties provided in RCW
35.67.200, and enforceable in accordance with RCW 35.67.220
through 35.67.280; and as an additional and concurrent method
of enforcing a lien, the water services to such property
may be cut off in accordance with RCW 35.67.290 until the
delinquent installments are paid. Upon full payment of the
contract, the city clerk on behalf of the city of Tukwila,
shall execute and deliver the property owner a release of
such lien. (Ord. 667 §2, 1971).
14.16.074 Special connection charge Computation.
The special connection charge imposed by Section 14.16.072
shall be paid to the water and sewer fund and shall be
computed as follows:
For Lateral Sewers: The number of units of property
furnished to be served by the sewer determined in the man
ner prescribed in RCW 35.44.030 and 35.44.040 for determining
"assessable unit:; of frontage," shall be multiplied by the
average five year local improvement assessment per unit of
frontage for lateral sewers in the city of Seattle for the
five year period in which the property is to be connected
was constructed and accepted as completed as follows:
199 (Tukwila 6/15/71)
of the city supervisor and shall be sufficient to carry all
sanitary sewage and waste fluids of any kind from said build-
ings into said sanitary sewage system, and each toilet, sink,
stationary wash stand, or any other piece or type of equip-
ment having waste fluids, shall be connected with said sani-
tary sewage system; Provided, that where such building or
structure has not been completed before the publication of
such notice, connections shall be made on or before the com-
pletion of such building or structure and before any use or
occupancy thereof. (Ord. 342 §1, 1961).
14.12.04() Penalty for late connection Payment. If any
connection shall not be made within the time herein provided,
the city supervisor or such other employee of the city as
the mayor or city'council designate is hereby authorized and
directed to cause the same to be made, and to file a state-
ment of the costs thereof with the city clerk and thereupon
a warrant shall be issued under the direction of the city
council against the water and sewer fund for the payment of
such cost. Such amount, together with a penalty of ten per-
cent thereof, plus interest at the rate of eight percent per
annum upon the total amount of such costs and_penalty, shall
be assessed against the property upon which the said building
or structure is situated and shall become a lien thereon as
hereinafter provided as in the case of delinquent sanitary
sewer service charges. The total amount when collected shall
be paid into the water and sewer.fund. In the alternative,
if any such connection shall not be made within the time here
inabove provided, the city supervisor or such other employee
"of the city as the mayor and city council may hereinafter
designate, shall certify to the city clerk that the connection
'has not been made and the city council shall cause an action
to be instituted in the Superior Court of the state of Wash-
ington for Icing County against the owner or owners of the
property upon which the building or structure requiring said
person to forthwith cause the connection to be made. Nothing
in this chapter contained shall be construed to relieve the
property owner from paying monthly sanitary sewage service
charges as herein established pending the making of the con-
nection. (Ord. 342 §2, 1961).
14.12.050 Permit required. It is unlawful for any per-
son to make any opening in any public sanitary sewer or to
connect any private drain or sewer therewith, or to lay, re-
pair, alter or connect any private drain, or sanitary sewer
in a public street, avenue, alley or other: public place, un-
less such person has first obtained a permit to do so from
the city supervisor. (Ord. 342 §3, 1961).
14.12.060 Sanitary side sewer installation permit re-
quired. It is unlawful for any person to connect any private
186
11.12.040-14.12.060
14-1-12:070--14.12.080
sanitary sewer system to the public sanitary sewer system
without complying with all the provisions of this chapter
in relation thereto and having a permit so to do from the
city supervisor. (Ord. 342 §4, 1961).
14.12.070 Obtaining permit to install sanitary side
sewer. In order to obtain the permit provided for in Section
14.12.060, the owner shall file an application therefor with
the city supervisor stating the name of the owner or occupant
of the premises to be connected, giving lot, block and addi-
tion, or other legal description, the number of buildings on
the premises, and the purposes for which they are, or are to
be used, together: with plans and specifications showing the
whole course of the drain from the public sanitary sewer to
its connection with the building or premises and all branches,
traps and fixtures to be connected therewith, which plans and
specifications shall be submitted to the city supervisor for
approval, and he may change or modify the same and designate
the manner in which the connecting sanitary sewers shall be
connected with the building, the place where such connections
with the public sanitary sewer shall be made, and specify the
material, size and grade of the connecting sanitary sewer,
and shall endorse his approval on such plans and specifica-
tions as originally prepared or as modified and changed.
The owner shall further provide an expressed written consent
to the city supervisor to enter upon such premises for the
purposes of inspection as hereinafter provided. Upon approval
of the plans and specifications, the city supervisor shall
issue a permit to the owner to' construct that portion of
sanitary side sewer within owners property, and shall also
issue a work order to the street department to install sani-
tary side sewer from sanitary sewer main to property line,
and it is unlawful for any person to alter the approved plans
and specifications or to do any other work than is provided
for in the permit, or to repair, extend, remove or connect
to any private sanitary sewer without first obtaining a per-
mit as provided in this chapter. (Ord. 578(part), 1969:
Ord. 342 §5, 1961).
14.12.080 Issuance of temporary permit. In the dis-
cretion of the city supervisor, a temporary permit may be
issued permitting connection to a public sanitary sewer,
sanitary sewer outfall, sanitary' side sewer. The temporary
permit shall be revocable upon sixty days' notice posted on
the premises directed to the owner or occupant of the premises,
and in the event that the private sanitary sewers are not dis-
connected at the expiration of the notice, -the city supervisor
may disconnect the same and collect the of the discon-
nection from the owner or occupant of the premises by suit
in any court of competent jurisdiction. Any such temporary
permit shall be granted only on the conditions that the
187
189
1\.12.150 14.12.170
sanitary sewer connections, and in the event that such per-
son has no permit for making such connections, it shall be
the duty of such officer to immediately report the fact to
the city supervisor. (Ord. 342 §12, 1961).
14.12.150 Description of sanitary side sewers. All
sanitary side sewers shall be laid on not less than two per-
cent grade, nor more than two vertical to one foot horizontal;
shall not be less than thirty inches from any building, shall
have not less than twelve inches of cover inside the prop-
erty line and shall be not less than six inches in diameter
from the main sanitary sewer to the property line. No storm
drains, such as roof, patio or yard drains shall be connected
directly or indirectly to the sanitary sewers. Not more than
one house shall be connected with a lateral sanitary sewer:
except where such connection is made inside the property line
and the owner or owners of such property shall make and file
in the office of the city clerk an easement for such purposes;
except also, where connection is to an existing sanitary side
sewer within a public street and written permission from the
owner or owners of the premises served by such sanitary side
sewer has been filed with the city supervisor. In the event
that physical or other conditions render the enforcement of
the above provisions impracticable, the city supervisor may
issue a special permit for the installation of a lateral or
private sanitary sewer requiring compliance only with the
above conditions, as far as practicable; but such special
permit shall be issued only upon the condition that the per
mittee will save the city harmless from any damages by reason
of such installation. (Ord. 342 §13, 1961).
14.12.160 Materials and workmanship. New sanitary side
sewers shall be constructed of asbestos cement, concrete or
clay tile pipe with rubber joints applicable to the particular
pipe used. In general, materials and workmanship required
shall be as required by the city supervisor and /or as re-
quired by the standard plans and specifications as may be
established, modified or changed by the city supervisor.
(Ord. 342 §14, 1961).
14.12.170 Call for inspection. ".Any person performing
work under permit pursuant to the provisions of this chapter
shall notify the city supervisor when the work will be ready
for inspection, and shall specify in such notice the location
of the premises. If the inspector finds the work or material
used is not in accordance with the provisions of this chapter,
he shall notify the person doing the work .and also the owner
of the premises by posting a written notice upon the premises,
and such posted. notice shall be all the notice that is re-
quired to be given of the defects in the work or material
1
found in such inspection, and a copy of such notice shall be
kept on file in the office of the city supervisor. (Ord.
342 §15, 1961).
14.12.180 Inspection before trenches filled. No trench
shall be filled or any connecting sanitary sewer covered, un-
til the work from the point where the same connects with the
public sanitary sewer or other outlet to the point where it
connects with the iron pipe or other plumbing of the building
or premises to be connected, shall have been inspected and
approved by or under the directions of the city supervisor
and until the same shall have been made in all respects to
conform to the provisions of this chapter. (Ord. 342 §16,
1961)
14.12.190 Inspector's right of entry. For the purpose
of examining any or all private sanitary sewers or drains
and of ascertaining whether the provisions of this chapter
are being complied with, the city supervisor or his duly au-
thorized representatives or agents, shall, upon the issuance
of a search warrant or in any emergency or when consent has
been given, at all reasonable times have the right to enter
and inspect such buildings, and it is unlawful for any per-
son to prevent, or attempt to prevent any entrance or in-
spection, or to obstruct or interfere with any such officer
while engaged in such an inspection. (Ord. 578(part), 1969:
Ord. 342 §17, 1961).
14.12.200 Inspection fee. The charge for the first
inspection shall be twenty dollars. For each inspection
after the first, a charge of two dollars shall be made,
which shall be paid by the person doing the work. No per-
mit shall be issued to any person who is delinquent in the
payment of any such charge. All such fees shall be paid to
the city treasurer who shall issue receipts therefor, and
such receipt must be filed with the city supervisor before
any permits are issued to the person owing such fees. (Ord.
342 §18, 1961).
14.12.210 Improper work Completion by city. If any
work done in pursuance of a permit granted, as prescribed in
this chapter, is not constructed and completed in accordance
with the provisions of this chapter and the plans and specifi-
cations as approved by the city supervisor, and if the con-
tractor or person doing the work refuses to properly construct
and complete the work, notice of the failure or refusal shall
be given to the owner of the property, for whom the work is
being done, as provided in this chapter-, and the city super-
visor shall cause the work to be completed and the sewer con-
nected in the proper manner, and the full cost of the work
and any materials necessary therefor shall be charged and
190