HomeMy WebLinkAboutRes 0566 - LID #24 (Local Improvement District) - Latecomer Charges for Sanitary Sewer ConnectionCITY OF
WASHINGTON
RESOLUTION NO. 566
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN
AGREEMENT WITH VAL VUE SEWER DISTRICT FOR THE PURPOSE
OF ESTABLISHING LATECOMER CHARGES FOR CONNECTION TO
CITY OF TUKWILA SANITARY SEWER FACILITIES CONSTRUCTED
UNDER LID #24.
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
The Mayor is authorized to execute an agreement with Val Vue
Sewer District for the purpose of:
1. Establishing latecomer charges for connection to City of
Tukwila sanitary sewer facilities constructed under LID #24.
2. Agreeing that the City of Tukwila will have no Maintenance
and Operation costs involved in the Macadam Road interceptor as
proposed in the sanitary sewer facility plan of Val Vue Sewer District
dated November 1976 and prepared under EPA Grant #C- 530806 -01 -0.
3. Agreeing that the Macadam Road intercepter will be constructed
so as to eliminate the need for the sanitary sewer lift station as
constructed under LID #24.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this 7th day of February 1977.
Edgar D. Bauch Mayor
Maxine Anderson City Clerk
SEWAGE DISPOSAL AGREEMENT
W I T N E S S E T H
THIS AGREEMENT, made and entered into this o2a nd
day of (10 111 1977, by and between VAL VUE SEWER
DISTRICT, a municipal corporation of the State of Washington,
hereinafter referred to as "District" and the CITY OF TUKWILA,
a municipal corporation of the State of Washington, hereinafter
referred to as "Tukwila
WHEREAS, the public health, welfare and safety of
the residents of Tukwila and the residents of the District
require the development of adequate systems of sewage collection
and disposal; and
WHEREAS, the District is developing a sanitary sewage
disposal system and anticipates establishing a sewer collection
system within its boundaries immediately adjacent to the Tukwila
areas hereinafter described; and
WHEREAS, Tukwila has constructed facilities of adequate
capacity and anticipated connection to said facilities by the
District under Tukwila Local Improvement District No. 24,
hereinafter referred to as "LID 24 of those areas herein
described on Exhibit A, attached hereto; and
WHEREAS, the District is desirous to connect to said
Tukwila facilities from the areas hereinafter described; and
WHEREAS, the District and the residents of the herein-
after described areas desire that sewer collection service be
provided for those areas, and the location of LID 24 and other
topographic conditions make it difficult and expensive for the
District to serve the requirements of the areas to be served; and
WHEREAS, said conditions make it feasible for the
District to meet the sewage drainage requirements of said areas
to LID 24; and
WHEREAS, the District is desirous of delivering to
Tukwila the sewage collected in said areas for disposal through
its system; and
WHEREAS, to provide for the disposal by the District
of sewage collected in the District areas to be serviced and
hereinafter described, it is necessary that a contract for
these services be entered into now establishing certain rights
and duties of the parties incident thereto,
NOW, THEREFORE, for and in consideration of the mutual
premises and the covenants contained herein, it is agreed as
follows:
1. The area of land described in Exhibit A, all of
which is contained within the District, consists of approximately
1,808,800 square feet. Of this area, Utility Local Improvement
District No. 9, within the District, contains 785,389 square
feet of land and the land remaining exclusive of Utility Local
Improvement District No. 9, hereinafter referred to as "ULID 10
contains 1,023,411 square feet.
2. At such time as any owner of real property within
the area described in Exhibit A, or any portion thereof, elects
to receive sewer service, the District shall pay to Tukwila the
amount of $0.03550786 per square foot of land. The total to be
paid by the District to Tukwila for land within the boundaries
of ULID 9 shall be $27,887.48. The total moneys to be paid by
the District to Tukwila for the balance of the land covered by
this Agreement, exclusive of the area within ULID 9, shall be
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$36,339.07.
3. The District contemplates construction of the
Macadam Road Interceptor as more fully described and set forth
in the document entitled "Sanitary Sewers Facilities Plan"
which is dated November, 1976 and which has been partially
funded under the State of Washington, Department of Ecology,
Environmental Protection Agency, Grant No. C- 530806 -01 -0.
Portions of said plan are attached to this Agreement as
Exhibits B and C.
4. As a part of its construction of the sanitary
sewers facilities described in the above paragraph, the
District agrees to:
A. Construct the Macadam Road Interceptor as near
as practicable to the time schedule contained in Exhibit C, but
no later than three years from the date of this Agreement; and
B. Construct the Macadam Road Interceptor at a
proper elevation to accept flow from the Tukwila Pump Station
from gravity thus allowing abandonment of said Pump Station; and
C. Not charge Tukwila any fees for the connection
of the Tukwila Pump Station to the Macadam Road Interceptor as
described on Exhibit B; and
D. Not charge Tukwila operation and maintenance
costs for said Macadam Road Interceptor; and
E. Return to Tukwila all salvagable portions of
the personal property contained within the limits of Tukwila
LID 24 as the sole property of Tukwila; and
F. Pay Tukwila an additional fee to those as
described in Paragraph 1 of this Agreement of $0.02649566 per
square foot of land as described in Exhibit A if the items
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contained in Paragraph 4(A), (B) and (C), or any one of them, are
not fulfilled, completed or performed by District, in whole or in
part.
5. If and only if the District performs all of its
obligations as set forth in Paragraph 4(A), (B) and (C), the
District will not be charged periodic operation and maintenance
costs for use of Tukwila's LID 24 facilities. 1
6. The District shall have the right and authority
to enter upon the streets, avenues, alleys, roads and public
places of Tukwila, for the purpose of construction work,
making extensions of mains and laterals, connecting same with
service pipes from abutting property, repair equipment and
maintain and operate said lines in Tukwila.
7. The District shall leave all Tukwila streets,
avenues, alleys, roads or public places after laying and install-
ing mains and doing construction work, making repairs to equipment,
etc., in as good and safe a condition in all respects as they
were in before the commencement of such work by the District, its
agents or contractors and to the satisfaction of Tukwila.
In case of any damage to said Tukwila streets, avenues,
alleys, roads or public places, paved roadways, turnouts, gutters,
ditches, sidewalks, drain pipes, hand or embankment rails or
bridges by the District, the District agrees to immediately
repair said damage at its sole cost and expense.
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8. The District hereby agrees for itself, its
successors or assigns, to indemnify, protect, save and hold
harmless Tukwila from all claims, actions or damages of every
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 occupation of said Tukwila right -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 over said
streets, avenues, alleys, roads and public places as herein
before 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 commencment of said
action, defend the same at its sole cost and expense and in
case judgment shall be rendered against Tukwila in suit or
actions, will fully satisfy said judgment within ninety (90)
days after said suit or action shall have finally been deter-
mined, 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 in Tukwila and all other improvements caused
by the failure of the District's work during the life of this
Agreement.
Failure on the part of the District to promptly
repair the damaged work in Tukwila upon notice to do so shall
be warrant for Tukwila to make necessary repairs and charge
the same to the District at the reasonable cost thereof.
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Acceptance of the work by Tukwila at the time of
completion shall be no defense for avoidance of this covenant.
Provided that the District, its successors or assigns, shall
have the right to employ its or their own counsel in any cause
or action and by given the exclusive management of the defense
thereof.
9. 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 District.
The additions, improvements, repairs and maintenance
made to the sewage collection facilities provided for said
areas shall be at the sole discretion and determination of
the District as to the kind, type, manner and time except as
specifically covered by this Agreement.
10. The laying, construction, maintenance and opera-
tion of the District's system of sewer pipe, laterals, service
pipe, etc., granted under this Agreement shall not preclude
Tukwila, its accredited agents or contractors, from blastings,
grading or doing other necessary road work contiguous to the
said District's pipe lines, provided that the District shall
have twenty -four (24) hours° notice of said blasting or excava-
ting in order that the District may protect its lines of pipe
and property. Tukwila shall be liable to the District 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.
11. Property owners within the areas of Tukwila who
have met the requirements of the District shall be entitled to
connect to the lines of the District at such time as they are
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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 Tukwila, with points of
connection being determined by the District.
12. Property owners connecting to said lines shall
be required to obtain from the District and Tukwila such
permits or licenses for connection as are generally required
throughout the District and Tukwila.
13. Upon completion of the facilities for the areas
of Tukwila to be serviced, the District shall have the sole
duty and obligation to operate, maintain, repair and replace
such facilities.
14. Neither party shall have the right to assign
this Agreement: or any of its rights and obligations hereunder
either by operation of law or by voluntary agreement without the
written consent of either party and neither party may terminate
its obligations hereunder by dissolution or otherwise without
first securing the written consent of the other party and this
Agreement shall be binding upon and inure to the benefit of the
respective successors and assigns of the parties hereto.
15. This Agreement shall be in full force and effect
and binding upon the parties hereto, their successors and
assigns, agents, employees, subcontractors, sublessors, inde-
pendent contractors, and any and all other parties working for
or under the direction of said parties, 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.
CITY OF TUKWILA
ATTEST:
By
�.
16. Whenever, in this Agreement notice is required
to be given, the same shall be given by certified mail addressed
to the respective parties at an address hereafter designated in
writing by either of the parties. The date of giving such notice
shall be deemed to be the date of mailing thereof.
17. This Agreement may be executed in six counterparts,
any of which shall be regarded for all purposes as one original.
DATED the day and year first above written.
By '-'l
Edgar /%D. Bauch, Mayor
By 7/ /c By 2 LL�JZ
Maxine Anderson ri
City Clerk
APPROVED AS TO FORM:
Lawrence E. Hard
Deputy City Attorney
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VAL VUE SEWER DISTRICT
By
By '1 4/
Andy mkus, Commissioner
Betty Winz', Co ssioner
B. W. Butters, Commissioner
ATTEST:
By /off
JUN JUL AUG SEP OCT NOV
TABLE 9 -1
1976 1977
STEP 1 FACILITY PLAN
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DEC JAN FEB LIAR APR MAY JUN JUL AUG SEP OC'T NOV DEC
STEP 2 REVIEW BID STEP 3
PLANS PLANS$ PROCESS CONSTRUCTION
SPECS SPECS PHASE 1
Iz
2_.
Phase II Cont- ingent upon >"ing sufficient priority
rating -the Val-- Vue Connect iam Rainier— Vista Interceptor
and
FY--- 1978
Prior to the construction of the Val Vue Connection, the
Macadam Road Interceptor will be connected to the Interurban
Interceptor.
PHASING
Although Step One of the Wastewater Treatment, Construction Grants
Program for the entire scope of work contained in this document has
been the responsibility of the,Val Vue Sewer District, Steps Two
and Three for the component projects will be divided between
METRO and Val Vue. METRO- has- .assumed- the-- responsibility__for__the
Val Vue-Gonnection-- as-- the vice- area-for_ this -prof ect_exceeds
•I000 acres Val Vue will complete Steps Two and Three for the Macadam
Road, Rainier Vista and Riverton Interceptor Projects.
The component projects will be committed to separate time schedules.
Ali scheduling of Steps 2 3 is dependent upon the individual
projects receiving sufficiently high pri:or-itI- rating- from ---the
DOE fo.r PY•- 1977 -and upon funds being available for continuation
of the Wastewater Treatment 'Works Grant Program. Grant appli-
catio.ns.,.for Steps 2 3 wili be submitted separately for each of
the four cc,ipane t• t?'. 5e.ct..F: The following cons ul" ltCi -Cin j p'has ...
is anticipated:
Phase 1. Macadam Road interceptor. Construction of
the Macadam Road Interceptor should be possible during
the 2nd half of 1977. This project has highest priority
due to the severity of septic tank overflows within
its service area. $5CO ire -.HUD- grant funding -is-- presently
being rese.rvecl.._to -cons rucL- sewage- cailect.ion- systems
within-Sub-Basin The commitment of $300,000 s of this.
funding is contingent upon construction of the Macadam
Road Interceptor. Table 9 -1 is the anticipated time schedule
for the interceptor assuming Step 2 prioritization
by December, 1976.
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