HomeMy WebLinkAboutRes 0493 - Val Vue Sewer District for Sewer Disposal ServicesCITY OF TUKWILA
FOLLOWS:
Attest:
Deputy City Clerk
WASHINGTON
RESOLUTION NO. 493
RESOLUTION AUTHORIZING THE CHIEF EXECUTIVE
OFFICER TO ENTER INTO AN AGREEMENT WITH VAL
VUE SEWER DISTRICT.
THE CITY COUNCIL OF THE CITY OF TUKWILA RESOLVE AS
That the Chief Executive Officer, be and he is hereby
authorized to execute on behalf of the City of Tukwila an agreement with
Val Vue Sewer District for sewage disposal services. 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 at a regular meeting thereof this 2nd day of September 1975
frank Todd Mayor
Doris Phelps
ai 1 FOR R nJ? DISPOSAL
rnrr 7-.
_C 11 l S i.0 EEi..::r1tT made and entered into this day of Lit
by and between VAL VUE Ss_,::i DISTRICT, a �p at
r-•: -r" r of the C S 1. awl, v
11c:i1� i lcl? corporation 0
of Washington, hereinafter referred to as itn t- tit and the City Tu
v 7 ,J1st. a_..C. 1.�i0 C_t� C S___
wile, a I;unicipal corporation of the State of Washing- on, hereinafter ref err
ed to as itTu:_wiluit.
W I T N E S S E T
WHEREAS, AS, the public health, welfare and safety of the residents of the
district and the residents of Tukwila require the development of adequate
systems of sewage collection and disposal; and,
silly EAS, the District is developirre a sanitary sewage disposal s stem
and anticipates establishing a sewer collection system within its boundaries
immediately adjacent to the Tukwila areas hereinafter described;
AREA IN TUKWILA, North of S. 160th Street, South of State Highway
1-L Bvts.t of State Highway 1 (I -5), described as follows:
A portion of the Southeast Quarter of Section 22 and the South-
west Quarter of Section 23, all in Township 23 North, Range 4
East, W.M., described as follows:
Beginning at the Southwest corner of the East Half of the South-
east Quarter of the Southeast Quarter of Section 22, Township
23 North, Range 4 East, S•i Thence Northerly along the West
b .I�;.; I,ortli.erl,, �.lor.� the ..esl,
line of the East Half of the Southeast Quarter of the Southeast
2uarter of said Section to the North marmin of South 158th Street;
thence Easterly alone said margin to the South:•:testerly of -waJ
Secondary State H T':,ay N thence
O j� a1 c.y u0 1 -L j t+:ie ,C GIOi" =J said
right-of-way to the westerly ly ri h:; -of --:.ray of Primary State Hight? ay
No. 1 (I -5) thence Southerly along said rie t-of -way to South 130th
Street; thence westerly along South 150th Street to the Put.
-%Ra, IN TUKWILA, North of South Center Blvd., East of 51st Av c S.,
South of South 151st Street and ;.test of State Highway 1 (I
described as follows:
v t:
portion of the Southwest 2uarter and the Northwest `ice. ^.i'c`.Cs: of
Section 22 in Township 23 North, Range i East ...fl. described
follows:
Be inning 1n ee the intersection of enton Three Tree Poi-at Road and
t'C= 2:.:.0 j then northerly l Di2g the C
centerline of 51st .A7". the intersection of 51st 'i ire and f z t'
S.
to t.ie i�?a. �L_o" o_ 51.,t S. a. -.��c, S. l -s"t,
aloe,;_; the centerline of erline o S. 171st Street to the eeter
r i t -o -h: "o of 1 r._.':ary State Highway No. 1 (I-:); t7 e ee Soet'lerly
l c to Renton J.___ ee Tree
3 -Cc right-of-way 'h it' C Road; 'i.
::oetcr1yT along R'c::to_' Three Tree Poi—it to the 2GB.
T.•� '•7 aan"? '1e I' 'den of the above-described _?es r•;b desire
..a__Z:_ t. .�i'„_ v✓ Oi_ v. U ir..00i a:.'i'Cc.S, C:': �ir E'_.
sewer collection service be provided for those areas; and the Ideation
of T __t C ste Highway eeel other topographic conditions _:a:_: e d Gy i l•+
and. ..ir c..a._ nt�s of the areas to e s'er
c... C�-.)� ":!`a2.vC'.. for TL:j�t': to serve the i a^.Cy.- -rn l o
ed; ae t
1 t ec t •b" o f -f c t t --•o tt
:I�._ �!s.5', --�-Ct CO�I��i..,__;: ::Ia:�:C 1t. for 'i. )_.Oi._ �C. to -.t�� the
C 't their o :_i
r Cil�rC:. C "1. O �i'.. c"`..r a:.J i, c0�1.:>:: 2'C_ Wit, vi n-i
o
an(1
7
the
TuLWila s desirous of del iv ering to the District ti, sewage
it aria
<<,S, to provide for the disposal by the District of sewage collect
ed in the TLS :::•:ila areas to be serviced, it is necessary that a contract for
these ser :ices be entered n t establishing certain t t
1_ t.0 now r���;'2t.S and duties
v e
of the parties incident t'. r to.
-J THEREFORE, f 'tnlj Yt consideration f J_1 a- _t-.�
tea, and in o�. the mutual premises �.:1c_ the
^J_ it is mutually -t 7 follo ::s
J_ �'��d as rli:.ttt covenants hereinafter contained, is
At such time as the owners of real property within said areas
elect to receive sewer service, Tu'hwila shall form an L.T.D. for the purpos
of assessing the property owners atherein their share as determined by the
District's Engineer using the zone and termini i_lett of a ssessment of the
of the costs of the set'ragc collection system to be provided to said area;
the
alternative, the District shall contract to serve said owners
or, iin
who shall be allowed to connect and be charged in lieu of assessment accord
ing to the usual practice of the District. Net proceeds derived from the
sale of the L.I.D. Bonds by the City shall be immediately paid to the Distr
for the construction of such mains, laterals_ and extentions as are necessar
to serve said areas.
2. That at such time as the District, its successors or assigns,
of t J_ to the 7
commence construction of a system immediately a adjacent t.o the areas herein,
it shall construct such mains, laterals, and extentions as arc necessary to
serve the said areas.
The District shall have the right and author sty to enter upon the
streets, avenues, alleys, roads and public places of Tu7awila, for the p;zr po:
of construction work, making extentions of mains and laterals, connecting
sane with service pipes from abutting property, repair equipment and naint.a:
and operate said lines.
4. The location of sewer pipes, laterals and appurtenances, their depl
t l•n of grade of any street, avenue, alley, or
below OT': S•...'_i t c..Ce Os ground or .�r'c.. _.e O_ i:I-1� road, C:, i. tJ u __u0, u public place, .shall be determined and fixed by the District which- shall ma?:i
t such blue prints showin? the position and location of all ma inS
available sL.c�1 clue pr showing i
laterals and extentions, to be constructed, laid, installed or er'ectc: at t]
or
al t_ oy
J_ t t istreet
time, ol':in" their relative position to C ?:ist,il� road,
'1 n J- s drawn t o scale, l l e e r,- said -7 r
Oi :'i 0=. property line upon prints c.r [.j!« t. v, L.a �.vi�l v.Vi'I var__t.� i'a v_J
stre by their n a: and numbers, showing width of same, ;iv in`; o tl "in
of local improvements such as sidewai._:s, curbs, gutters, shoulders of roach:
ditches, paved roadways, roadways to property lines, turnouts, i arh.ir..� str±
t the
n
telej'__C_2s or electric distribution poles, water pipe, lines, et.c., o n t.__e
ground_. Said plans shall specify the class and type of materials ased. show
of the c:-
in detail. All such material and ecjuipm_cnt. J_ shall .)o of e u ;lity, typo
pe
and kind which the District approves. The manner of Cr'.cavat"! ori, construct_
nstal l_.l. ion, back fill and temporary s._ _uctures as traffic. turnouts, road
ohs"vrI v__ ens, etc., shall he of the same typo and quality.
S. The District shall leave all streets, avenues, alleys, roads or
public places after laying and installing mains and doing construction work:,
making repairs to equipment, etc., in as good and safe condition in all res-
pects as they were in before the commencement of such work by the District,
its a,cnts or contractors.
In case of any damage to said streets, avenues, alleys, roads or public
places, or to paved or planked roadways, turnouts, gutters, ditches, wood
or concrete walks, drain pipes, hand or embankment rails, bridges, trestles,
wharves or landings by the District, the District agrees to immediately re-
pair said damage at its sole costs and expense
6 The District hereby agrees for itself, its successors or assigns,
to protect and save harmless Tukwila from all claims, actions or damages of
kind and description which may accrue to or be suffered by any person
or persons, corporation or property by reason of any faulty construction,
defective material or equipment or: maintenance, or by the improper occupatic
of said rights -of -way, by the District or by reason of the neglect, improper
or faulty manner of safeguarding any excavations, temporary turnouts, or
inefficient operations by the District of sewer pipe lines over said street:
avenues, alleys, roads and public places as hereinoefore designated, and in
case that suit or action is brought against Tukwila for damages arising out
of or by reason of the above mentioned cause, the District, its successors
or assigns, will upon notice to it or them of the commencement of said actic
defend the sae at its sole cost and expense and in case judgment shall be
rendered against Tukwila in suit or actions, will fully satisfy said judgml er
within ninety (90) days after said suit or action shall have finally been
determined, if determined adversely to Tukwila.
The District hereby agrees for itself, its successors and assigns, to
'repair any damage to the roads over which it holds a franchise, and all
other improvements caused by the failure of theDistrict is work during the
life of this agreement.
of Failure on the part O- the District to promply repair the d�
P�Lir t. c.:i1agG'd work
upon notice to do so, shall be warrant for Tukwila to make necessary repair
J t t L L at L• cost t�
and charge the same a.t.0 �1St,r1Ct, a: 'v the reasonable COST thereof.
__cceptance of the work by Tukwila at the time of completion shall be
no defense for avoidance of this covenant.
P 1 that tT D 1 1 L
I';J� iGeC, t.s1a�, �.1_C District, its successors or assigns, shall have
the right to employ its or their own counsel in any cause of action .and be
;iv'en the exclusive management of the defense thereof.
The District shall collect all of the sewage in said areas in the
same manner as the, sewage is collected for disposal in other areas of the
Dist r i c t
The additions, w a s -t t T
1.:., i::7r Ova ;IC ;tom, repairs and maintenance :e P__a�C to the
se7 :,:c collection facilities provided for said areas shall be at "l he sole
1
discr c'�ion and determination o C the .he Dis:.L ricl. 1 J h as to e Lind, type, ;Aanner
-J
and tine.
9. The laying, construction, maintenance and operation of the Distri
'syster.: of sewer pipe, laterals, service pipe, etc.,, granted under this agr
merit shall not preclude Tuk its accredited agents or contractors, fro;
blasti n grading or doing other necessary road work contiguous to the sail
District's pipe lines, provided that the District shall have twenty-,our
hours' notice of said blasting or excavating in order that the District m.<.;
protect L e and er ty Tukwila l e liable to the Di;
OIi C' V ita lines of pipe GLZ� pr op 1 Vy .�12 c:__. N liable
for any negligent acts damaging said system in the performance of the
aforesaid road work, or any costs necessitated by the relocation of sewer
lines due to said road work.
10. Property owners within the areas of Tukwila who have _met the regz
.rents of the District shall be entitled to connect to the lines o the Dist
rict at such time as they are completed and are approved to receive sewage
within said area. Said connections shall be accomplished at the expense of
the property owner and in accordance with the rules and regulations of the
District and the Ordinances of the City of Tukwila, with points of connecti
being determined by the District.
11. Property owners connecting to said lines shall be required to
obtain from the District such permits or licenses for connection as are
generally required through" out• -the District.
12, For: collection and disposal of sewage in said areas by the Di.stri
the usual sewage collection and disposal charges charged by the District to
o%1 er s within its boundaries for like or' similar services shall be charged
within said Area. It is specifically understood that such charges shall in-
crude any and all charges the district must pay to METRO for Sewage dispose
It is further understood and agreed that this agreement is 'subject to and
subordinate to any and all agreements which the District now has or may hav
in the future with METRO in the operation of its MET tOPOLITr1UT SEWAGE DISPCS
SYSTEM. Tukwila further understands and agrees that the charges payable fo
said services may be altered, depending upon tae costs of the District and
the District shall have the exclusive right to bill for such services wi thi
said areas.
13. The City of Tukwila shall )tlit Claim and convey to the District b
r *+t the e a r, -f facilities t
appropriate instrument, vi_e S t G C01 CC vi0:1 i':S:.c 1S.i�C la said
areas.
1 ;nyvhin_- in this agreement to the contrary, notwithstan -ding, the
o
shall have all lien and collection i normally available to it
District V 1411 S1Gvc.+ c.+. rights 's or .f ava i
pursuant to The provisions of ti.C.' 1. Title 56. City of Tukwila agrees to
L J
cooperate ±n' the enforcement of such rights.
Upon completion of the facilities for the areas of Tukwila to be
serviced, the District shall have the sole duty and O:) -iga tiOn to operate,
maintain, repair, and replace such facilities and have the exclusi ri
u
to use the sale for the sewage collection and disposal within or without sa it
areas.
15. The District shall secure and maintain with responsible insurers
all such insurance as is customarily maintained with respect to sewage
systems of 1?:;e character against loss of or damage to the local sewage
facilities of the District and any facilities of Tuh rila during the period
of construction thereof by the District and against public and other lia'bili
Any damages to persons or property caused by the construction by the Distrie:
of facilities, shall, as between the District and Tu:wi la be the sole lia-
bility of the District.
17. Neither party shall have the right to assign this Agreement or any
of its r? Jilts and obligatirris hereunder either by operation of law or by
voluntary agreement without the written consent of either party and neither
party may terminate its obli hereunder by dissolution or otherwise
without first securing the written consent of the other party and this Agree
meat shall be binding upon and inure to the benefit of the respective suc-
cessors and assigns of the parties hereto.
13. This agreement shall be in full force and effect and binding upon
the parties hereto upon the execution of this agreement and shall continue
in full force and effect until such time as this agreement is terminated
by mutual assent. Provided, however, if the District has not constructed th
sewage collection facilities within three 3) years of the date hereof, this
agreement shall have no further force or effect.
s9 lhenever, in this Agreement notice is required to be given, the
same shall ll be given by Registered Nail addressed to the respective parties
t hereafter t M by either of parties.
the
at an Gc_dress herea� per designated in writing e1a.i�Cr OJ_ p
The date of giving such notice shall be deemed to he the date of mail
ing .thereof.
20. This Agreement shall be executed in six counterparts, any of which
shall be regarded for all purposes as one original. Each party agrees that
it will. execute any and all deeds, easement, leases, instruments; documents
1 ,t -.e t t L t7 t r-'1 this of and resolutions -or ordinances necessary to give effect to the-terms of
agreement.
21. No waiver by either party of any term or condition of this agree-
ment shall be deemed or construed as a waiver of any other term or condition
shall a .waiver of any breach be deemed to constitute Sti.�:i:tC a:. waiver of an y not J
subsc _1ent breach whether of the same or a different provision of this
J
a ee: :e ihV
22. In addition to the remedies provided by law, this agreements shall
be specifically enforce able by either pasty.
23. T::i s agreement mer and supersedes all prior negotiations r epre
I t -ter and 1 e L between J_ f� -a- J_ t h n
vV�.ls c•v_a.J clv aand cm? ee1__'..n V:.� L1_C% parties l:e re. a/o 1 e_tC i, i:.1 to V_1 subject
matter hereof �ais�.•.:r ,�v CO_ a:1CL constitutes the entire contract tT1C: r. the. parties.
2 Unless consent of the City of Tukwila is obtained by Supplemental.
written agreement that area North of South 130th Street, within the City f of
Tukwila, shall not be
liability to the City under he terms of its agreement with the Municipality
of Metropolitan Seattle, Date:: May 23, 1968.
DATED this 4.5 of Sc-in i ul 19; 5
ATTEST:
_.....4
SeCetar
ATTEST:
connected by the District as so to incur connection
VAL WE SEWER DIST ICT
t
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