AG 98-146 - CITY OF KENT
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After recording, return to:
F-";I-->-'L W^.Y
CITY ArTOHi~EY
Londi K. linden
Federal Way City Attorney
JJSJO 1st Way South
Federal Way, WA 98003
INTERWCAL AGREEMENT
BETWEEN THE CITIES OF KENT AND
FEDERAL WAY CONCERNING ASSUMPTION
AND DISSOLUTION OF LAKEHA YEN UTILITY DISTRICT
This Interlocal Agreement ("Agreement") is made and entered into tlùs ~O day of
March, 1998, by and between the City of Kent, Washington, a non-charter code municipal
corporation ("Kent") and City of Federal Way, Washington, a non-charter code municipal
corporation ("Federal Way"). Kent and Federal Way are referred to collectively as the "parties".
RECITAL~
1. Pursuant to the Growth Management Act, RCW 36.70A.ll0, cities are the
appropriate local government entity to provide urban services such as water and sewer service;
and
2. Pursuant to King County Countywide Planning Policy FW-13, "within the Urban
Area, as time and conditions warrant, cities should assume local urban services provided by
special purpose districts°; and
3. The area within the Lakehaven Utility is located witlùn an "Urban Area" as
defined by the King County Comprehensive Plan; and
4. Pursuant to RCW 35. 13A.030, whenever sixty percent (60%) of the area or sixty
percent (60 %) of the assessed valuation of real property within a special purpose district such
as a water and sewer district is included within a city, that city may assume the ownership,
operation, and control of that portion of the district not contained witlùn the boundaries of
another city; and
5. Pursuant to RCW 35. 13A.O6O, a city assuming that portion of a water and sewer
district contained within another city may enter into an Interlocal agreement with that city, to
assume responsibility for operation and maintenance of the district's property, facilities and
equipment within the other city;
ORIGINA'-
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Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven AssumptionlDissolution
Page 2
6. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of
the Revised Code of Washington provides for interlocal cooperation and agreements between
municipal corporations; and
7. The Federal Way City Council adopted Ordinance No. 97-302 on October 21,
1997, directing it:: staff to prepare Notice~ of Intent to Assume and Dissolve the Lakehaven
Utility District ("District"), and to file said Notices with the King and Pierce County Boundary
Review Boards; and
8. Said Notices were filed with the King and Pierce County Boundary Review Boards
on November 4, 1997 and November 10, 1997, respectively.
9. As part of the assumption/dissolution of the District, Federal Way and Kent desire
that Federal Way retain ownership and control of the District property and facilities currently
within the City of Kent until such time as Kent assumes responsibility for providing sewer
services to its citizens, at which time Kent would be responsible for installing, at its expense,
a master meter or appropriate facilities to separate/regulate the two systems; and
10. Kent agrees that the assumption/dissolution is appropriate under RCW 35.13A,
RCW 36.70A, and RCW 36.93; and
11. Federal Way agrees to provide sewer service to ratepayers within Kent at a
reasonable rate, with no surcharge or tax attributable to Kent residents solely due to their
residency; and
12. Kent and Federal Way have determined that it would be in the best interests of
the citizens if the parties were to enter into an Interlocal Agreement setting forth their rights,
duties and responsibilities with respect to Federal Way's ownership, operation and maintenance
of property, facilities and equipment owned by the District prior to dissolution and located within
the corporate boundaries of Kent;
NOW, TIIEREFORE, for and in consideration of the agreements contained herein, the
parties hereto agree as follows:
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Interlocal Ap-eement Between
Cities of Kent and FederÍaI Way
Concerning Lakehaven AssumptiontDksolution
Page 3
AGRRRMli".NT
1. Existin&, District A~ments. Federal Way shall, upon the effective date of
assumption of the Lakehaven Utility District ("District"), assume all rights and responsibilities
of the District with respect to any Interlocal agreements or contracts between the City of Kent
and the District. Federal Way shal1 P'"..rform the terms of any such agreement or contract in the
same manner as the District would be required to perform if Federal Way had not assumed the
District.
2. Federal W~ Facilities. Upon the effective date of Federal Way's assumption
and/or dissolution of the District, Federal Way shal1 have full legal title and ownership of all the
District facilities, and the real property associated with them, located within the Kent corporate
boundaries, including, without limitation the following:
a.
81 sewer lines, including:
2 8-inch ductile iron sewer lines, for a total length of 45.20 feet;
1 8-inch concrete sewer line, for a total length of 299.37 feet;
1 6-inch PVC sewer line, for a total length of 71.83 feet; and
77 8-inch PVC sewer lines, for a total length of 15,119.98 feet.
b.
76 sewer manholes, including:
1 48-inch drop manhole;
1 48-inch overbuilt manhole;
72 48-inch standard manholes; and
2 wetwe11 manholes.
3. Kent Faciliti~~. Kent may, at some later date, and after a reasonable notice to
Federal Way, request that Federal Way transfer full legal title and ownership of the District
facilities described in Paragraph 2 above, and the real property associated with them, to Kent.
Federal Way shall transfer full legal title and ownership to Kent within a reasonable period of
time following execution of an agreement allocating responsibility for the indebtedness and
depreciated capital costs, if any, of the facilities (or improvements to them) to be transferred.
Kent will install a master meter or appropriate facilities to separate/regulate the two systems at
its expense prior to such transfer of facilities.
4. MaintenanœJQperation and Indebtedn~~s. The City of Federal Way shall, upon
the effective date of Federal Way's assumption and/or dissolution of the District, be responsible
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Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven AssumptionJDissolution
Page 4
for the operation, maintenance, permitting, taxes, and contractual or bonded indebtedness
associated with the facilities and property described in Paragraph 2 above. Federal Way's
responsibility under this paragraph sha1l not be deemed to affect the requirement that the parties
agree on an allocation of capitll costs and indebtedness prior to transfer of ownership as set forth
in Paragraph 3 above.
5. Continued Provision of Service. Federal Way shall, upon the effective date of
Federal Way's assumption and/or dissolution of the District, provide sewer service to ratepayers
residing in Kent at a reasonable rate that is uniform for the same class of customer or service.
The rate shall be based on the cost of providing service, which shall be determined according
to, among other tlùngs, the costs of maintenance, operation and repair of the system, the costs
of any special indebtedness bonds or warrants, the location of various customers and the
difference, if any, in cost of maintenance, operation, repair, and replacement of system parts,
the different character service being furnished, capitll contributions made to the system,
including but not limited to assessments, and any other matters which present a reasonable
difference as a ground for distinction. Federal Way shall not impose a surcharge upon Kent
ratepayers in excess of any surcharge upon any other ratepayers being served by Federal Way,
unless the costs of providing service as determined according to this paragraph reasonably
warrant imposition of the surcharge.
6.
General Provisions.
6.1 This Agreement may be amended at any time by the mutual written consent of the
parties.
6.2 This Agreement shall take effect immediately and shall continue in effect until
terminated.
6.3. Neither party may assign tlùs Agreement without the written consent of the other
party .
6.4. Each party sha1l be responsible for the consequences of any negligent or wrongful
act or failure to act on the part of itself, its elected official, agents, volunteers and
employees. Neither party assumes responsibility to the other party for the consequences
of an act or admission of any person, firm or corporation not a party to this Agreement.
6.5. Any provision of this Agreement which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the
remaining provisions or affecting the validity of enforcement to such provisions.
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Interlocal Agreement Between
Cities of Kent and Federal Way
Concerning Lakehaven AssumptionIDissolution
Page 5
6.6. The parties stipulate that the following persons shall be the contact person for
their respective jurisdiction.
a.
City of Kent:
J. Brent McFall, or hislher successor in interest
Director of Operations
220 - 4th Avenue South
Kent, W A 98032
(253) 859-3357
Fax: (253) 813-2067
b.
City of Federal Way:
Kenneth E. Nyberg, or his successor in interest
City Manager
33530 1st Way S.
Federal Way, WA 98003
(253) 661-4013
Fax: (253) 661-4024
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6.7. A copy of this Agreement shall be filed with the City Clerk of the Cities of Kent
and Federal Way, and the County Recorder for the County of King.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the
day and year indicated.
CITY OF KENT
CITY OF FEDERAL WAY
BY~ ø-
Jim White
Mayor
B Y fJ M¡,*
~nne E. erg
City Manager
Date:J- ¿)(J - 7' ð
Date:
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Interlocal A~ent Between
Cities of Kent and Federal Way
Concerning Lakehaven Assumption/Dissolution
Page 6
Approved as to Form for
City of Kent:
£tMA- tYk L
Roger Lubovich, City Attomey/A-$5"í.
ATIEST: This.2..o day of
~ ~1998.
~
K:\bkebavcliotodcl.frm
2-18-98
Approved as to Form for
City of Federal Way:
~~ Atto~ey
--
A~: This --6.L day of
~( )1..- , 1998.
MlJI'JLt II, ÞJ{ ¿I , A-J¡h(1
-/M-N-:Ciiristine Green, <:Me 1. ,"~
,/) Federal Way City Clerk