Ord 90-031��
0072.20002
WDT/rin
02/02/90
�
ORDINANCE NO. 90-31
AN ORDINANCE OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO SURFACE WATER
MANAGEMENT DRAINAGE REVIEW.
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Purnoses. The City Council finds this
ordinance is necessary in order to promote the public health,
safety and welfare by providing for the comprehensive management
of surface and storm waters and erosion control, especially that
which preserves and utilizes the many values of the City's
natural drainage system.
Section 2 Definitions.
A. "Basin" means a drainage area which drains directly
to Puget Sound.
y
B. "Basin Plan" means a plan and all implementing
regulations and procedures including but not limited to
land use management adopted by ordinance for managing
surface and storm water manaqement facilities and
features within individual sub-basin.
C. "Bond" means a surety bond, cash deposit or escrow
account, assignment of savings, irrevocable letter of
credit or other means acceptable to or required by the
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ORIGINAL
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Public
Works
Director
to
guarantee
that
work
is
completed in compliance with the project.s engineering
plan and in compliance with all City requirements.
D.
"Closed depression" means an area of the City which
is
low-lying and
either has
such a
limited,
no.
or
surface water outlet that during storm events the area
acts as
a retention basin,
holding water that has a
surface area of more than five thousand square feet at
overflow.
E.
"Department" means the department of public works.
F.
"Design
storm"
rainfall
means
(or
other
a
precipitation)
event or pattern of events for use in
analyzing and designing drainage facilities.
G.
"Development"
for
the
means
purposes
of
this
document any activity that requires a
approval, including but not limited to
permit, grading permit. shoreline
permit
or
a
building
substantial
development permit, conditional use permit, unclassified
use permit. zoning variance or reclassification, planned
unit development, subdivision. short subdivision, master
plan development,
building site plan,
or right-of-way
use permit.
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H.
"Director" means the director of the department of
public works or the director's designee.
I.
"Drainage"
the
collection,
means
conveyance,
containment and/or discharge of surface and storm water
runoff.
J.
"Drainage facility" means the system of collection,
conveying and storing surface and storm water runoff,
Drainage facilities shall include but not be limited to
all surface and storm water conveyance and containment
facilities
including
streams,
pipelines,
channels,
ditches,
lakes,
wetlands,
swamps,
closed depressions,
infiltration facilities, retention/detention facilities,
erosion/sedimentation
control
facilities
and
other
drainage structures and appurtenances, both natural and
manmade.
K.
"Drainage review" means an evaluation by City staff
of a proposed project's compliance with the drainage
requirements in the Surface Water Design Manual.
L.
"Erosion/sedimentation control" means any temporary
or permanent measures taken to reduce erosion, control
siltation and sedimentation, and ensure that sediment-
laden water does not leave the site.
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M.
"Infiltration facility" means a drainage facility
designed to use the hydrologic process of surface and
storm water runoff soaking into the ground,
commonly
referred to as percolation,
to dispose of surface and
storm water runoff.
N.
"Impervious
surface"
hard
means
surface
a
area
which either prevents or retards the entry of water into
the soil mantle as under natural conditions prior to
development,
and/or a hard surface area which causes
water to run off the surface in greater quantities or at
an increased rate of flow from the flow present under
natural
conditions
prior
to
development.
Common
impervious surfaces
include,
but are not
limited to,
roof tops, walkways, patios, driveways, parking lots or
storage areas, concrete or asphalt paving, gravel roads,
packed earthen materials,
and oiled,
macadam or other
surfaces which similarly impede the natural infiltration
of
surface
and
storm
water.
Open,
uncovered
retention/detention facilities shall not be considered
as
impervious
purposes
surfaces
for
the
of
this
ordinance.
O.
"Improvement" means streets (with or without curbs
or gutters)
sidewalks,
crosswalks, parking lots, water
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mains,
sanitary and storm sewers, drainage facilities,
street trees and other appropriate items.
p,
"Master
Drainage
Plan"
a
comprehensive
means
drainage control plan intended to prevent significant
adverse
impacts
to
the
natural
and manmade drainage
system, both on and off-site.
Q.
"Multifamily/commercial retention/detention
facility" means a retention/detention facility which is
not
subdivision
retention/detention
a
facility
as
defined in this ordinance.
R.
"Preapplication" for the purposes of this ordinance
refers
to
the
meeting(s)
and/or
formes)
used
by
applicants
for
development
permits
some
to
present
initial project intentions to the City.
preapplication
does not mean application.
s.
"Professional
civil
engineer"
means
a
person
registered
with
the
state
Washington
of
as
a
professional engineer in civil engineering.
T.
"Project" means the proposed action of a permit
application
which
approval
requires
or
an
drainage
review.
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u.
"Retention/detention
facility"
means
a
type
of
drainage facility designed either to hold water for a
considerable
length
of
time
and
then
release
it
by
evaporation,
plant
transpiration
and/or
infiltration
into the ground; or to hold runoff for a short period of
time and then release it to the surface and storm water
management system.
v.
"site" means the portion of a piece of property
that is directly subject to development.
w.
"Subdivision retention/detention facility" means a
retention/detention
facility
which
is
both
located
within or associated with a short or formal subdivision
containing
only
single-family
or
duplex
residential
structures
located
on
individual
lots
and
which
is
required
to
handle
excess
runoff
generated
by
development of an area of which two-thirds or more is
designated
for
single-family
or
duplex
residential
structures located on individual lots.
x.
"Surface and storm water" means water originating
from rainfall and other precipitation that is found in
drainage
facilities,
rivers,
streams,
springs,
seeps,
ponds,
lakes
and wetlands
as well
as shallow ground
water.
The Term "runoff" is synonymous.
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Y.
"Surface and storm water management system" means
drainage facilities and any other natural features which
collect, store, control, treat and/or convey surface and
storm water.
x.
"Surface Water Design Manual" means the manual (and
supporting documents as appropriate) describing surface
and
storm
design
water
and
analysis
requirements,
procedures
guidance
and
which
is
hereby
adopted
by
reference.
A copy of the manual
is on file in the
office of the City Clerk for use and examination by the
public.
AA.
"Water
quality
swale"
open
vegetated
means
an
drainage
channel
intended
optimize
to
water
quali ty
treatment of surface and storm water runoff by following
the specific design criteria described in the Surface
Water Design Manual.
BB.
"Wetponds" and "wetvaults" mean drainage facilities
for water quality treatment that
contain a permanent
pool
of water,
usually
four feet
in depth,
that are
filled during the initial runoff from a storm event.
They are designed to optimize water quality by providing
retention time (on the order of a week or more) in order
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to
settle
particles
out
fine
of
sediment
to
which
pollutants such as heavy metals absorb,
and to allow
biologic activity to occur that metabolizes nutrients
and organic pollutants.
For wetvaul ts the permanent
pool of water is covered by a lid which blocks sunlight
from entering the facility, limiting the photo-dependent
biologic activity.
Section 3.
Drainaqe Review - When Required.
A.
Permits.
A drainage review is required for any
proposed
project
requiring
of
permits
the
one
or
approvals listed in section 3 of this ordinance which
would:
1.
Add more than five thousand square feet of new
impervious surface; or
2.
Collect
and
concentrate
surface
and
storm
water runoff from a drainage area of more than five
thousand (5,000) square feet; or
3.
contain or abut a floodplain,
lake,
stream,
wetland or closed depression, or a sensi ti ve area
as defined by ordinance as determined by the Public
Works Director.
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B.
The
required
n
r
will
be
following
permits
and
approvals
involves the planned actions listed in Section 3(A) of
project
to
drainage
the
review
if
have
a
this ordinance.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
section
submittal
commercial building;
conditional use;
Formal subdivision (plat);
Grading;
Master plan development;
Planned unit development;
Residential building;
Right-of-way use;
Shoreline substantial development;
Administrative subdivision (short plat);
Special use;
Unclassified use;
Zoning reclassification; and/or
Zoning variance.
4.
Enqineerinq
contents.
Plan
definitions
and
specifications
procedures,
All
for
the
required contents of engineering plans are presented in the plan
review process section of the Surface Water Design Manual.
Section 5.
A.
Core
Drainaqe Review - Reauirements.
Requirements.
permit
Every
or
approval
application with drainage review required by Section 3
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must meet each of the following core requirements which
are
described
in the Surface Water Design
in detail
Manual:
1.
Core Requirement #1:
Discharge at the natural
location.
The discharge from a project site must
occur at the natural
location and/or produce no
significant
impact,
adverse
described
in the
as
Surface Water Design Manual.
2.
Core Requirement #2:
All
Off-site analysis.
projects
identify
must
the
upstream
tributary
drainage area and perform a downstream analysis.
Levels of analysis required depend on the problems
identified or predicted.
At a minimum, a level one
analysis as described in the Surface Water Design
Manual must be submitted with the initial permit
application.
3.
Core Requirement
All
#3:
Runoff control.
projects shall provide runoff controls to control
the quantity and quality of runoff from the project
by limiting the peak rates of runoff from design
storm events to the predeveloped peak rates based
on the project site's existing runoff conditions.
The design volume,
when detention facilities are
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required by the Surface Water Design Manual to meet
the standard runoff control performance curve for
the
two-and
ten-year,
twenty-four
hour
duration
design storm events, shall be increased by a thirty
percent factor for safety.
This factor of safety
shall be reviewed as new research is completed to
evaluate its effectiveness.
Project runoff resulting from more than five
thousand (5,000) square feet of impervious surface,
and
subject
vehicular
to
storage
of
use
or
chemicals, shall be treated prior to discharge from
the
project
as
site
biofiltration
by
measures
specified in the Surface Water Design Manual.
4.
Core Requirement #4.
All
Conveyance system.
conveyance systems for projects must be analyzed,
designed
existing
and
constructed
for
tributary
off-site flows and developed on-site flows from the
project.
5.
Requirement
Erosion/sedimentation
#5.
Core
control plan.
All engineering plans for projects
that involve modification or significant impact to
existing drainage facilities and/or construction of
new
drainage
a plan to
facilities
include
must
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control
erosion
during
sedimentation
and
construction and to permanently stabilize soil at
the site.
6.
Requirement
Core
#6:
Maintenance
and
operation.
Maintenance of all drainage facilities
constructed
modified
by
project
is
the
or
a
responsibility of the property owner as described
in the Surface Water Design Manual, except the City
performs
maintenance
facilities
drainage
of
constructed for formal plat subdivisions, and some
short plat subdivisions, two years after final plat
recording following an inspection by the City.
7.
Core Requirement
and
liabili ty.
#7:
Bonds
All
drainage
(except
facilities
projects
for
downspout
drain
infiltration
roof
systems)
must
comply with the bond and liability requirements of
section 9.
B.
Special
core
Requirements.
addi tion to
In
the
requirements,
engineering plans must also meet any of
the following special requirements which apply to the
project and which are described in detail in the Surface
Water Design Manual:
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1.
Special
drainage
Requirement
#1:
Critical
area.
If a project lies within an area designated
by
the
Public
Director
Works
a
"critical
as
drainage area," then the project drainage review
and
engineering
plans
shall
be
prepared
in
accordance
with
area
special
critical
drainage
requirements that have been formally adopted by the
Public Works Director.
2.
Special Requirement No.2:
Compliance with an
existing master drainage plan.
If a project lies
within
covered
by
approved
master
an
area
an
drainage plan, then the project drainage review and
engineering plans shall be prepared in accordance
with
special
requirements
of
the
master
any
drainage plan.
3.
Special Requirement #3:
Conditions requiring
a master drainage plan.
If a project:
a)
Is
master
planned
development
a
as
described in an adopted comprehensive plan or
other ordinance; or
b)
subdivision
will
Is
that
eventually
a
have more than one hundred single-family lots
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and
contiguous
drainage
sub-
encompasses
a
basin of more than two hundred (200) acres; or
c)
commercial
building
Is
permit
a
or
planned unit development that will eventually
construct
fifty
acres
of
than
(50)
more
impervious surface; or
d)
will
area
of more than
five
clear
an
hundred
(500)
acres,
then a master drainage
plan shall be prepared as
specified
in the
Surface Water Design Manual and submitted with
the
Environmental
(SEPA)
Policy
state
Act
checklist.
Approval of the master drainage
plan is required before permit approval.
4.
Special
or
Requirement
#4:
basin
Adopted
community plans,
If a project lies within an area
included in an adopted basin or community plan,
then the project drainage review and engineering
plans shall be prepared
in conformance with the
special
requirements
basin
of
the
adopted
or
community plan.
5.
Special Requirement #5:
Special water quality
controls.
If a project will construct more than
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one acre of impervious surface that will be subject
to vehicular use or storage of chemicals and
a)
Proposes to discharge runoff directly to
a
regional
body,
facility,
receiving
water
lake, wetland, or closed depression to provide
the
runoff
consistent
control
with
Core
Requirement #3; or
b)
The
runoff
from
project
the
will
discharge into a
Type 1 or 2 stream, or Type
1 wetland within one mile
from the proj ect
site; then a wetpond meeting the standards as
specified in the Surface Water Design Manual
shall be employed to treat a project's runoff
prior to discharge from the project site.
A
wetvault or water quality swale may be used
when a wetpond is not feasible.
6.
Special
plate
Requirement
#6:
Coalescing
oil/water separators.
If a project will construct
more than
five acres
surface that
of impervious
will be subj ect to petroleum storage or transfer,
or high vehicular
(more than twenty-five hundred
(2,500) vehicle trips per day)
or heavy equipment
use,
storage
maintenance,
a
coalescing
than
or
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plate or equivalent oil/water separator shall be
employed
project's
to
treat
prior
runoff
to
a
treatment by a wetpond, wetvault, or water quality
swa1e, and/or discharge from the project site.
7.
Special Requirement #7:
Closed depressions.
If a project will discharge to an existing closed
depression
either
site
off
the
that
has
on
or
greater than five thousand (5,000) square feet of
surface
potential
the
at
overflow,
then
area
project's
drainage
review
engineering
and
plans
must meet the requirements for closed depressions
as specified in the Surface Water Design Manual;
8.
Special
Use
Requirement
#8:
of
lakes,
wetlands
depressions
runoff
closed
for
or
control.
If a project proposes to use a lake,
wetland, or closed depression for runoff controls
required by Core Requirement # 3, then the proj ect
must
requirements
21.54
meet
the
of
K.C.C.
(Sensitive Areas)
include
special
for
such use,
water quality controls, and observe the limits on
any increases to the floodplain as specified in the
Surface Water Design Manual;
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9.
Special Requirement #9:
Delineation of one
hundred year floodplain.
If a project contains or
abuts a stream, lake, wetland or closed depression,
then the one hundred year floodplain boundaries and
floodway
if
available
based
an
approved
on
floodplain study as specified in the Surface Water
Design
Manual
shall
delineated
be
on
the
site
improvement plans and profiles and on any final
plat maps prepared for the project;
10.
Special Requirement #10:
Flood protection for
Type land 2 streams.
If a project contains or
abuts
Type
1 or 2
stream
(as defined
in the
a
Surface Water Design Manual) that has an existing
flood protection facility or involves construction
of
modification
existing
of
flood
a
new,
or
protection
facility,
then
the
flood
protection
facility
shall
be
analyzed
designed
and/or
as
specified in the Surface Water Design Manual and in
the Federal Emergency Management (FEMA) regulations
(44 CFR).
11.
Special
Geotechnical
Requirement
#11:
analysis
and
report.
If
project
includes
a
construction of a pond for drainage control or an
infiltration
(excluding
system
roof
downspout
a
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system)
above
slope
steep
(as defined in the
a
Surface Water Design Manual)
within two hundred
(200) feet from the top of the steep slope or on a
slope with a gradient steeper than fifteen percent
(15%), or construction of earth fill/bank armor for
flood protection facilities,
then a geotechnical
analysis and report shall be prepared and stamped
by a geotechnical professional civil engineer that
shall address at a minimum the analysis described
in the Surface Water Design Manual;
12.
Special Requirement #12:
Soils analysis and
report.
If the soils underlying a project have not
been mapped, or if the existing soils maps are in
error or not of sufficient resolution to allow the
proper engineering analysis for the proposed site
to be performed, then a soils analysis and report
shall be prepared and stamped by a professional
civil engineer with expertise in soils to verify
and/or map the underlying soils by addressing at a
minimum the analysis described in the Surface Water
Design Manual.
c.
variances From Requirements.
Where application of
the provisions of this section may deny reasonable use
of
special
property,
the
and
requirements
a
core
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contained in this section and/or other requirements in
the Surface Water Design Manual may be proposed for a
variance.
A variance may be proposed provided that the
resulting development shall be subject to all of
1.
the
remaining
of
this
conditions
terms
and
ordinance and provided that granting the variance
will:
a)
compensating
or
comparable
Produce
a
result which is in the public interest, and
b)
Meet the objectives of safety, function,
appearance,
environmental
and
protection
maintainability based upon sound engineering
judgment.
2.
variance
processed
in
be
requests
shall
accordance with procedures specified in the Surface
Water Design Manual.
3.
Proposed variances to the
core
and
special
requirements
prior
to
permit
be
approved
must
approval and construction.
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4. The applicant may appeal the denial of a
variance request by following the appeal procedures
as specified in the Surface Water Design Manual.
Section 6.
Critical Drainaqe Areas.
Development in
critical flood,
drainage and/or erosion areas.
Development in
areas where the Public Works Director has determined that the
existing flooding, drainage, and/or erosion conditions present an
imminent likelihood of harm to the welfare and safety of the
surrounding community shall meet special drainage requirements
set
by
the
Public
Works
Director,
until
such
time
as
the
community hazard is alleviated.
Such conditions may include the
limitation of the volume of discharge from the subject property
to
predevelopment
levels,
preservation
of
wetlands
or
other
natural drainage features, or other controls necessary to protect
against community hazard.
Where applications of the provisions
of this section will deny all reasonable uses of the property,
the restriction of development contained in this section may be
proposed for a variance, provided that the resulting development
shall be subject to all of the remaining terms and conditions of
this ordinance
Section
7.
Enqineerinq
Plans
Procedures
for
Submittal.
A.
Where
to
Submit.
All
engineering
and
master
drainage plans shall be submitted to the Public Works
Director.
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B.
Expiration.
The
expiration
time
frames
as
specified in the Surface Water Design Manual will apply
to all permit and approval applications.
C.
Processing.
All
plans
will
be
processed
in
accordance with the review procedures specified in the
Surface Water Design Manual.
Section
8.
Procedures
and
Conditions
Related
to
Construction Timina and Final Accroval.
A.
No work related to permanent or temporary storm
drainage control shall proceed without the approval of
the Public Works Director.
B.
Erosion/sedimentation
control
measures
associated
with both the
interim and permanent drainage systems
shall be:
1.
Constructed
in accordance with the approved
plan prior to any grading or land clearing other
than that associated with the erosion/sedimentation
control plan;
2.
Satisfactorily
maintained
until
all
improvements,
restoration,
and
landscaping
associated with the permit and/or approval listed
in Section 3 are completed and the potential for
on-site erosion has passed,
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c.
Prior
to
the
construction
of
any
improvements
and/or buildings
on the
site,
those portions of the
drainage facilities necessary to accommodate the control
of surface and storm water runoff discharging from the
site must be constructed and in operation.
SUBDIVISIONS
ONLY:
Recording may occur prior to the construction of
drainage
facilities
when
approved
in writing by the
Public Works Director only to minimize impacts that may
result from construction during inappropriate times of
the year.
section 9.
Bonds and Liabilitv Insurance Reauired.
The Public Works Director is authorized to require all persons
constructing
retention/detention
facilities
and other drainage
facilities to post bonds.
Where such persons have previously
posted, or are required to post, other such bonds either on the
facility itself or on other construction related to the facility,
such person may, with the permission of the Public Works Director
and to the extent allowable by law, combine all such bonds into a
single bond,
provided that at no time shall the amount thus
bonded
be
less
than
the total
amount which would have been
required in the form of separate bonds; and provided further that
such a bond shall on its face clearly delineate those separate
bonds which it is intended to replace.
A.
Drainage
Facilities
Restoration
and
site
stabilization Bond.
Prior to commencing construction,
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the person required to construct the drainage facility
pursuant to Section 5 shall post a drainage facilities
restoration and site stabilization bond in the amount
sufficient to cover the cost of corrective work on or
off
the
site which
is necessary to provide adequate
drainage,
stabilize
and
restore disturbed areas,
and
remove sources of hazard associated with work which has
been
performed
and
is
not
completed.
After
determination
by
the
Public
Works
Director that
all
facilities are constructed in compliance with approved
plans,
the
drainage
facilities
restoration
and
site
stabilization bond
shall
be
released.
The city may
collect against the drainage facilities restoration and
site stabilization bond when work is not completed in
reasonable fashion and is found to be in violation of
the
conditions
associated
with
the
permit
and/or
approval listed in section 3.
It is the Public Works
Director's discretion to determine whether the site is
in violation of the requirements of this ordinance, and
whether
the
bond
shall
be
collected
to
remedy
the
violation.
Prior to final approval and release of the
drainage facilities restoration and site stabilization
bond,
the
Public
Works
Director
shall
conduct
a
comprehensive inspection for the purpose of observing
that
the
retention/detention
facilities
and
other
drainage facilities have been constructed according to
plan, applicable specifications and standards.
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B.
Defect and Maintenance Bond.
After satisfactory
completion
of
the
drainage
facility
or
final
plat
approval, whichever occurs last, the person required to
construct the facility pursuant to this ordinance shall
post
a
defect
and
maintenance
bond
warranting
the
satisfactory performance and maintenance of the drainage
facility and guaranteeing the workmanship and materials
used in the construction of the facility for a period of
two
years.
For
subdivision
retention/detention
facilities
that
the
City
may
assume
maintenance
of
pursuant to section 10, the defect and maintenance bond
shall be posted for a period of two years or until the
City
assumes
maintenance,
whichever
is
longer.
The
Public Works Director shall not release the defect and
maintenance bond until all inspection fees are paid.
C.
Failure to Complete Proposed Work.
In the event of
failure to comply with all the conditions and terms of
the permit and/or approval covered by this ordinance,
the Public Works Director shall notify the permittee and
surety in writing, and failing to obtain response within
seven days from the receipt of notification may order
the
work
required
to
be
satisfactorily completed
or
perform all necessary corrective work to stabilize and
restore disturbed areas and eliminate hazards caused by
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not completing the work.
The surety executing such bond
shall continue to be firmly bound up to the limits of
the bond, under a continuing obligation for the payment
of all necessary costs and expenses that may be incurred
or expended by the city in causing any and all such
required work
to
be
done.
In no event
shall
the
liability of the surety exceed the amount stated in the
bond regardless of the number of years the bond remains
in force.
D.
Liability Policy.
The person required to construct
the
facility pursuant to Section 5 shall maintain a
liability policy in the amount of five hundred thousand
dollars ($500,000) per individual, five hundred thousand
dollars
($500,000)
per
occurrence
and
one
hundred
thousand dollars ($100,000) property damage, which shall
name the city as an additional insured, and which shall
protect the City from any liability up to those amounts
for any accident, negligence, failure of the facility,
or
any
other
liability whatsoever,
relating
to
the
construction or maintenance of the facility.
Proof of
said liability policy shall be provided to the Public
Works Director prior to commencing construction of any
drainage
facility,
provided
that
in
the
case
of
facilities assumed by the city for maintenance pursuant
to Section 10, said liability policy shall be terminated
when said city maintenance responsibility commences.
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section 10,
Maintenance of Subdivision Retention/
Detention
Facilities.
Maintenance
of
all
subdivision
retention/detention facilities shall remain the responsibility of
the
person
required
to
construct
the
retention/detention
facilities until all the conditions of this section has been met.
EXCEPTION:
A retention/detention facility located
within and servicing only an individual lot shall not be
accepted by the City for maintenance and will remain the
responsibility of persons holding title to the property
within which the facility is located.
Only after all of the following conditions have
been
met
shall
the
City
assume
maintenance
of
the
subdivision retention/detention facility:
A.
All
of the requirements of section 9 have been
fully met;
B.
All necessary easements or tracts entitling the
City
to
properly
maintain
the
retention/detention
facility have been conveyed to the city and boundary
survey stakes established.
C.
The
Public
Works
Director
has
conducted
an
inspection and determined that the facility has been
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properly maintained and is operating as designed.
This
inspection shall occur two years after posting of the
defect and maintenance bond.
Section
11.
Hazards.
Whenever
the
Public
Works
Director
determines
that
any
existing
construction
site,
erosion/sedimentation problem and/or drainage facility poses a
hazard to life and limb, endangers any property and/or adversely
affects the condition or capacity of other drainage facilities,
the safety and operation of City right-of-way, utilities and/or
other property owned or maintained by the city,
the person to
whom the permit was issued pursuant to section 3, the owner of
the property within which the drainage facility is located, the
person responsible for maintenance of the facility and/or other
person or agent in control of said property,
upon receipt of
notice in writing from the Public Works Director shall within the
period specified therein repair or otherwise address the cause of
the hazardous situation in conformance with the requirements of
this ordinance.
Should the Public Works Director have reasonable
cause to believe that the situation is so adverse as to
preclude
written
notice,
he
may
take
the
measures
necessary to eliminate the hazardous situation, provided
that he shall first make a reasonable effort to locate
the owner before acting.
In such instances the person
of whom a drainage plan was required pursuant to section
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3,
the
owner
of
the
property
and/or
the
person
responsible for the maintenance of the facility shall be
obligated for the payment of all costs incurred.
If
costs are incurred and a bond pursuant to this ordinance
or other city requirement has been posted, the Public
Works
Director
shall
have
the
authority
to
collect
against the bond to cover costs incurred.
Section
12.
Administration.
The
Public
Works
Director is
authorized to promulgate and adopt administrative
rules
and
regulations
for
the
purpose
of
implementing
and
enforcing the provisions of this ordinance.
A.
Inspections.
The
Public Works
Director
is
authorized
to
make
such
inspections
and
take
such
actions as may be required to enforce the provisions of
this ordinance.
B.
Right
of
Entry.
Whenever necessary to make an
inspection to
enforce
any
of the provisions of this
ordinance,
or whenever the Public Works
Director has
reasonable
cause
to
believe
that violations
of
this
ordinance are present or operating on a subject property
or portion thereof, the Public Works Director may enter
such premises at all reasonable times to inspect the
same or perform any duty imposed upon the Public Works
Director
by
this
ordinance,
provided
that
if
such
premises or portion thereof is occupied, he shall first
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make a reasonable effort to locate the owner or other
person having
charge
or
control
of
the
premises
or
portion thereof and demand entry.
c.
Access.
Proper
ingress
and
egress
shall
be
provided to
the
Public Works Director to
inspect or
perform any duty imposed upon the Public Works Director
by this
ordinance.
The Public Works Director shall
notify the responsible party in writing of failure to
comply with the said access requirement.
Failing to
obtain a response within seven days from the receipt of
notification and Public Works
Director may order the
work required completed or otherwise address the cause
of improper access.
The obligation for the payment of
all costs that may be incurred or expended by the City
in causing such work to be done shall thereby be imposed
on the person holding title to the subject property.
section
13.
Applicabilitv to Governmental
Entities.
All municipal
corporations and governmental entities
shall be
required to submit a drainage plan and comply with the terms of
this ordinance when developing and/or improving land including,
but
not
limited
to,
road
building
and
widening,
with
the
exception of drainage projects involving the city.
Section 12.
Severabilitv.
If any provision of this
ordinance, or its application to any person or circumstances is
held invalid, the remainder of this ordinance and the application
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of the provisions to other persons or circumstances shall not be
affected.
Section 13.
Effective Date. This ordinance shall be
effective as of the date of incorporation, February 28, 1990,
which is more than five (5) days after publication of an approved
summary consisting of the title to this ordinance.
PASSED by the city council of the City of Federal Way
this 13th day of February, 1990.
CITY OF FEDERAL WAY
(j)~~A C7;:/
MAYOR, DEBRA ERTEL
ATTEST/AUTHENTICATED:
/!ltl-fL~/ 1/ ~a:d_
CITY CLERK, DE LORE A. MEAD
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
_.-~
BY~' 10. (I JIJ-J
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: 2/16/90
EFFECTIVE DATE: February 28, 1990
ORDINANCE NO. 90-31
2/6/90
2/13/90
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AN INTERLOCAL AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF FEDERAL WAY
FOR PROVISION OF SURFACE WATER MANAGEMENT SERVICES
AND COLLECTION OF REVENUES
1
This Agreement is made and entered into this day by and between the
2
City of Federal Way, hereinafter called "City," and King County, hereinafter
3
called "County."
4
WHEREAS, residents of the unincorporated King County area known as
5
Federal Way have voted to become an incorporated city, and
6
WHEREAS, King County has a Surface Water Management Program supported
by a service charge on developed properties in unincorporated King County,
7
8
contained in King County Code Chapter 9.08, pursuant to State Law, and
WHEREAS, the City represents it has the authority to enter into this
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contract and to establish a Surface Water Management Program and Service
Charge, and
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WHEREAS, the parties agree that continuation of comprehensive surface
13
water management services is beneficial to the residents and environment in
the incorporated area, and
WHEREAS, the King County Surface Water Management Program must enter
into an interlocal agreement with Federal Way to deliver services or collect
revenue in the incorporated area after the effective date of Federal Way
incorporation, and
WHEREAS, Federal Way and King County agree on the services to be
provided through 1990, and the collection of revenue to support those
services, and
WHEREAS, Federal Way may choose to extend the agreement for Surface
Water Management services through 1991, and
WHEREAS, by entering into an agreement for continuation of existing
services, Federal Way will have the opportunity to make long term decisions
about delivery of drainage services, and
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the
parties are each authorized to enter into an agreement for cooperative
action;
ORIGINAL
(F/AI:ILA5)
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NOW THEREFORE, in exchange for the mutual promises made herein, the
2
parties hereto agree as follows:
3
1.
The purpose of the agreement is:
A.To provide the residents of the City with the continuation
4
5
of drainage related services and the revenue necessary to
support the services, through the Surface Water Service
6
7
Charge.
8
B. To establish a means whereby the County can act as the City's
9
agent, continuing to collect the service charge for the
10
City.
C. To define and establish the type of services which will be
delivered in the City by the County.
11
12
II. Authority to Act
13
1.
The City shall enact the necessary legislation adopting King
County's regulations for the collection of surface water
service charges as identified in this agreement. This
agreement shall take effect on the effective date of said
legislation. The County's regulations and fee schedule are
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set out in King County Code, Chapter 9.08.
19
III. Definitions
20
A. "Surface Water Management Program" (SWM Program) is the
21
drainage-related service program designed to address both
existing problems caused by surface water runoff and future
problems in developing areas. This term refers to the
program adopted by the City in Ordinance QD...5/ J- Q6.-3.?
22
23
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B. "Service Charge" is the charge collected from property owners
in the City. The service charge rates are as shown in
26
27
Exhibit 4 to this Agreement.
C. "Servi ce Area" refers to areas where the County coll ects a
service charge and d:l;vers drainage-related services
including incorporated areas where an agreement is in place
and unincorporated areas of the western one-third of the
County as described in King County Code, Chapter 9.08.
(F/AI:ILA5)
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IV.
.
e
"
, '
"
D. "Services" means the activities provided to the residents
and property owners of the City under this agreement. For
purposes of this agreement, drainage services are categorized
as either base or discretionary. See Exhibit I to this
Agreement.
1. Base Services primarily focus on the continuation of
existing projects or activities and are considered the
highest priority drainage-related services by the parties
to this agreement.
2. Discretionary Services are drainage-related services
selected by the City to complement Base Services using
the net amount of funding available to the City after
payment for Base Services.
Responsibilities of the Parties
A. Ki ng County
1. In 1990, the County will deliver Base Services as
described in Exhibit 1 to this agreement.
2. In 1990, the County may provide to Federal Way the
Discretionary Services described in Exhibit 1 to this
agreement. Specific Discretionary Services will be
decided upon on or before July 30, 1990.
3. The County will provide the City with information about
delinquent accounts.
4.
The County will, in consultation with the City, prepare
additional agreements as necessary, addressing the
cooperative management and construction of any capital
improvement projects selected by the City as part of the
Discretionary Services.
5. King County and Federal Way will enter into a separate
agreement for the cooperative management of the Hyiebos
Basin Plan and to share the costs associated with the Plan.
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B. Federal Way
1. The City will provide the legal authority for this
agreement by passing legislation which will:
a. adopt the County's existing rate structure as
reflected in King County Code, Chapter 9.08,
b. authorize the County to collect surface water service
charges from City property owners,
c. permit the County to act as the City's agent for
service charge collection and providing drainage
services, and
d. allow the City to pay for the maintenance of road
drainage systems with service charge revenues if so
desired.
2. The decision to take action on service charge accounts
which become delinquent after the effective date of
incorporation will be the responsibility of the of the
City. The City will be responsible for any liens and
foreclosures resulting from non-payment of surface water
management service charge after the effective date of
3.
incorporation.
Federal Way will work with the County's Surface Water
Management Division to establish the kind and level of
Discretionary Services the County will undertake on
behalf of the City. The parties agree the Discretionary
Service package will be resolved and become part of this
agreement on or before July 30, 1990.
4. The City will adopt such policies and procedures as are
required for delivery of the specific and agreed upon
Discretionary Services.
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Financial Arrangements
A. Revenue Collection
1. The County will collect and distribute revenue received
from properties within the City through the combined
Property Tax and Drainage Billing Statements.
2. The County will hold revenues collected for the City in
a separate account and will disburse these revenues to
the City on a monthly basis.
3. The City will pay the County a flat one percent (1%) of
all revenue collected by the County for the City under
the terms of this agreement. This charge will remain
unchanged for the duration of this agreement and will be
deducted from the revenues collected on a monthly basis
by the County and forwarded to the City. This charge
is reflected in the cost of Base Services, Exhibit 2,
attached to this agreement.
B. Cost of Base Services
1. The cost for services shown in Exhibit 2 represents the
estimated annual cost for 1990 for each service. The
estimates account for the costs of direct services plus
an administrative overhead charge. In 1991, the cost of
services will be adjusted to reflect cost-of-living
adjustments and any other economic adjustments adopted by
King County in the 1991 Budget Process.
2. Differences between estimated expenditures for Base
Services and actual expenditures will result in an
adjustment to the funds available for Discretionary
Services in the succeeding year. If, for example, in
1990, Base Services cost less than anticipated, the City
will have more funds available for Discretionary Services
in the following year.
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C. Cost of Discretionary Services
1. The estimated costs for Discretionary Services are shown
in Exhibit 3 to this agreement.
2. In 1990, Discretionary Services will be negotiated between
the parties based on the difference between the proposed
allocation to Base Services as shown in Exhibit 2 and the
revenue from the Service Charge. Funds remaining will be
used to pay for Discretionary Services.
3. In 1991, the amount available for Discretionary Services
will be the result of reconciling the actual cost of
Base Services in 1990 with the estimated cost as presented
in Exhibit 2. The cost of Discretionary Services in 1991
is subject to the same economic adjustments as Base
Services; see Section V, B. 1., above.
D. Bills and Payments
1. The County will prepare and present to the City quarterly
invoices showing the services provided and the cost of
the services. The first invoice will cover the period
from March 1, 1990 to June 30, 1990; thereafter invoices
will reflect three months of activity.
2. The City will pay the County within 45 days after receipt
VI. Administration
of the invoice.
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(F/AI:ILA5)
A. The Manager of the King County Surface Water Management
Division and the City's Director of Public Works or his/her
respective designees, shall compose the administration and
management of this joint cooperative program to continue
drainage related services in the City. Provided that the
City Manager will take the place of the City's Director of
Public Works until the City fills this position.
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B.
In the event the Division Manager and the Public Works
Director are unable to reach agreement on any issue related
to the provision of services under this agreement, issues
will be resolved by the Director of the King County
Department of Public Works and the City Manager of Federal
Way.
C. The County will retain control over and maintain all records,
supervision, rights and benefits of personnel providing
service to Federal Way under this agreement.
D. The parties to this agreement will observe all public bidding
procedures where applicable.
VII. Effectiveness and Duration
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181
A. This agreement shall become effective on March 1, 1990 and
remain in effect until December 31, 1990. The City may
extend this agreement until December 31, 1991 by submitting a
written request to the County no less than ninety days before
VIII. Amendments and Extension or Termination
December 31, 1990.
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A. This agreement may be amended, altered, clarified or extended
only by written agreement of the parties hereto.
B. The estimated costs and level of services as shown in
Exhibits 2 and 3 are accepted by the parties as representing
the best projections for service and cost available at the
time of this agreement.
1. Changes in services as shown in Exhibits 2 and 3 to
this agreement will be agreed to in writing by the
administrators of the cooperative program and the
signators to this agreement will be informed.
2. If the County must make changes in the level of services
and the corresponding costs of these services, other
than those discussed in Section V., the changes will be
reported to the City before adjusting the annual budget
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and new estimates will be negotiated between the
2
parties.
3. If the City wishes changes in level of services under
this agreement, it will inform the County in writing
and the parties will agree as to the timing and
3
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accomplishment of said changes.
7
C. This agreement may be terminated by either party upon
provision of ninety days written notice to the other party.
In the event of termination by the City, the City will be
responsible for actual costs for services to the effective
8
9
date of termination.
1. Provided that: should the City wish termination of
revenue collection services, the City will notify the
County in writing no less than ninety days before
December 31, 1990 or 1991, to terminate revenue collec-
tion services for the following year.
IX. Hold Harmless and Indemnification
A. In executing this agreement, the County does not assume
liability or responsibility for or in any way release the
City from any liability or responsibility which arises in
whole or in part from the existence, validity, or effect of
city ordinance, rules or regulations. In any such cause,
claim, suitt action, or administrative proceeding is
commenced, the City shall defend the same at its sole expense
and if judgment is entered or damages are awarded against the
City, the County, or both, the City shall satisfy the same,
including all chargeable costs and attorney's fees.
B. The County shall indemnify and hold harmless the City and its
officers. agents. and employees, or any of them, from and
against any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, which
are caused by or result from a negligent act or omission of
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the County, its officers, agents, and employees in performing
services pursuant to this agreement.
In the event that any suit based upon such a claim, action,
loss, or damage is brought against the City or the City and
the County, the County shall defend the same at its sole cost
and expense; and if final judgment be rendered against the
City and its officers, agents, and employees or jointly
against the City and the County and their respective
officers, agents, and employees, the County shall satisfy the
same.
C. The City shall indemnify and hold harmless the County and its
officers, agents, and employees, or any of them, from and
against any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, which
are caused by or result from a negligent act or omi~sion of
the City, its officers, agents, and employees.
In the event that any suit based upon such a claim, action,
loss, or damage is brought against the County or the City and
the County, the City shall defend the same at its sole cost
and expense; and, if final judgment be rendered against the
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County and its officers, agents, and employees, or jointly
against the County and the City and their respective
officers, agents, and employees, the City shall satisfy the
same.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above mentioned.
,
King County Executive
FEDERAL WAY:
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EXHIBIT 1
DESCRIPTION OF CONTRACT SERVICES
King County wi I I collect the service charge revenues for Federal Way and use the
revenue to finance two general categories of surface water services: base
services and discretionary services. Revenues wi I I first be al located to base
services, with remaining revenues al located to discretionary services.
Base services primarily focus on the continuation of existing proJects or
activities. From King County's perspective, base services are the highest
priority to provide In Federal Way. Base services Include the fol lowing:
o Planning: Completing the development of the Hylebos/Lower puget Sound
Basin Plan.
o Maintenance: Continuing a program of routine and emergency maintenance
for drainage facl I Itles within the City.
o Regulation: Providing technical expertise for existing lawsuits, claims
for damage, and other regulatory actions.
o Financial Administration: Continuing the bl I ling of SWM service charges
and collecting the revenues for the City.
o Public Involvement (Citizen Response): Providing technical expertise to
respond to the public Inquiries or complaints about drainage Issues.
After a portion of the revenues have been al located to fund the base services,
the City would have the opportunity of choosing from a wide variety of
discretionary services. Examples of discretionary services Include:
o Planning: Assisting the City In developing a surface water uti I ity
program, using the Draft Hylebos/Lower Puget Sound Basin Plan as a basis
for projecting program needs and services.
o Capital Improvements: Designing and constructing capital facl I Ities based
on urgent needs and as identified In the implementation section of the
Draft Hylebos/Lowr puget Sound Basin Plan (anticipated In December 1990).
o Maintenance: Providing maintenance to conveyance systems (e.g., pipes,
ditches, catch basins) located within the road right-of-way.
o Regulation: Enforcing City-adopted drainage regulations that fal I outside
of the land use and building permit process.
o Publ Ie Involvement: Administering programs that use citizen volunteers
or community groups to protect streams and water quality (e.g., stream
clean-up activities, stream slgnage projects, storm drain stenel ling
projects, and water qual ity monitoring programs).
F/AI:ILA5-EXl
Lon. I.L LI.L I .,..
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~ KING COUNTY 4It
. SURFACE WATER MANAGEMENT .
SERVICES CHARGES
There are two types of service charges -- the flat rate and the sliding rate:
- The flat rate service charge of $29.89 a year applies to single-family homes and
parcels with less than 10% Impervious surface.
- The sliding rate service charge applies to al I other properties In the service
area. The sliding rate Is calculated by measuring the amount of Impervious
surface on each parcel, and multiplying the appropriate rate by the total parcel
acreage.
Several special rate categories wi I I automat leal Iy be assigned to those who Qualify:
- An exemption for any home owned and occupied by a low-Income senior citizen.
- A discount for any parcel served by a County-approved retention/detention (R/D)
facl I Ity maintained by the owner.
- A discount for any parcel (or part of a parcel) officially designated as open
space.
RATE TABLE
tt3-Llght
Percent Imperv I,ous Surface Annual Service Charge
N/A $ 29.89 (regardless of size)*
more than 0%, less than 10% $ 29.89 (regardless of size)
10% up to 20% $ 60.83/acre**
more than 20%, up to 45% $126.01/acre**
more than 45%, up to 65% $243.33/acre**
more than 65%, up to 85% $308.51/acre**
more than 85%, up to 100% $404.10/acre**
Rate Category
tt1-Resldentlal:
Single-Family Home
#2-Very Light
#4-Moderate
I #5-Moderately Heavy
I
I tt6-He a vy
I
I
I tt7-Very Heavy
I
I
*
The maximum annual service charge for mobile home parks shall be $29.89 times the number of mobile
home spaces. (Per King County Ordinance 8626, adopted 8/22/88.)
In addition to the charge per acre, there is also a processing charge of $3.82 per service charge bill.
**
RATE ADJUSTMENTS
Any person receiving a bill may file a request for a service charge rate adjustment
with the Surface Water Management Division within three years of the bi I I ing date.
(Filing a request will not extend the payment period, however.)
You should fi Ie a request if:
- the property acreage Is incorrect.
- the measured Impervious surface is Incorrect.
- the property Is charged a sliding fee when it should be a flat fee.
- the person or property Qualifies for an exemption or discount.
- the property Is wholly or In part outside the service area.
To obtain a Request for a Rate Adjustment form, please cal I 296-6519.
(F/AD:l-l)
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EXHIBIT 3
Print Date II-Jan-90 (file: FEDVAY~ 1/3/90)
ATTACH~ENT B: FEDERAL VAY SERVICE CONTRACT
DISCRETIONARY SERVICES
NOTES/ASSUftPTIONS
1990
1991
TOTAL
DISCRETIONARY SERVICES
1. PLANNING
--Drainage Studies
--Utility Proqru Dmlopmt
--Slrm Gaging
36,000 Assules a lotal of five studies.
130,000 Based on cOlparable cost for City of Tuk.ila.
~,OOO ftonitor and laintain 2 gages.
20,000
o
3,000
16,000
130,000
3,000
23,000
172,000
Sublolal
149,000
2. ftAI NTENANCE
--In Road Conveyance Systels
584,000 Refer to note under 'General Assulptions' below.
1,19~,1~1 ft. of systel (pipe l ditch) l 5,4~2 catchbasins laintained in '90 l '9:
85,000 Cily's cost of sedilenl disposal and water treatlenl.
1~,000 Assules 20 responses per year (elcluding equiplenl).
292,000
292,000
--Vater QUility Facilities
--Elergency Spill Clean Up
81,000
8,000
4,000
8,000
Subtolil
381,000
304,000
685,000
3. RE6ULATI ON
--Non-perlit Enforcelent Actions
44,000 Based on bislorical service levels.
26,000
18,000
4. PUBLIC INYOLVEftENT
--Collunity action grants, streal
clean-up activities, and related
volunteer prograls
29,000 Based on cost of existing progral.
13,000
1~, 000
5. FINANCIAL ADftlNISTRATION
--Engineering Support For
New Accounts
9,000 Technical support for updating, adjusting, adding revenue accounts.
4,000
5,000
6. CAPITAL IftPROVEftENTS
--ftajor Capital Projects
--Streal Restoration Projects
--Sial I-Scale Drainage Projects
6,328,000 16 projects in Federal Vay.
434,000 Alount reserved for streal restoralion.
40,000 Alount reserved for stall-scale projects.
2,722,000
217,000
20,000
3,606,000
m,ooo
20,000
3,843,000 2,959,000 ~,80Z,000
Subtotal
TOTAL DISCRETIONARY SERVICES 4,416,000 3,325,000 7,741,000
GENERAL ASSUftPTIOHS
- Assules revenues and costs for 10 lonths in 1990 and 12 lonths in 1991, with the exception of In-Road Conveyance Systels costs which are
annual costs for both 1990 and 1991.
- No inflationary costs are included in estilates.
- The laintenance of In-Road Conveyance Systels is a cOlponent of the 'Basic Services' described in the Roads Division proposal for contract
services in Federal Vay. The annual costs are listed above to highlight the City's opportunity to pay for these laintenance costs using
revenues frol the surface water service cbarge.
.
ATTACH"EWT A (CONTINUEP): FEPERAL VAY SERVICE CONTRACT
.......... -............ --........ --.......................................... --......................
TOTAL HYlEIOS BASIN PLAN COSTS
1988
1989
1990
-----......--- -------..--- ---..-----..- ----------- -----..-----
N/A $186,321
Aclu1 Cosls
m<,m
151,546 N/A
Projected Cosls
N/A
$60,147 $316,156
Tolils 113<,775 1111,693 $316,156
1991
TOTAL
$53,8~4 1430,147
---------..- --..------.... ----------- ------..---- -......-..--......
--------....- .-..-------- -------..--- ----------- --..--------
153,844 $616,468
fEPERAl VAY'S COST SHARE
1990
Projected Costs
$263,463
1m
fedml ~iY Shm it m
165,9S2
----------- -------..--- ----------..
----------- --------....- -----------
1991
TOTAL
$53,844 $3J7,307
xm
xm
33,9Z2
199,904
GEHERAl ASSU~PlI0HS
1990 costs mum 10 tonths 1$263,463) of total 1990 mual cost of $316,156.
. Federal Vay only p~ys for share of projected Plao costs in 1990 and 1991.
. Feder~l Viy pirs 63, of 1990 ind 1991 costs based on the percentiqe of itpervious
surface within the Hr1ebos Basin.
.
~XHIBIT 2 (cont'd)
txHllH I Z
ATTACH~EWT A: rElr' WAY SERYICE COWTRACT
--..------------ ---------------.----
REYENUES AN~ 6 SE SERVICES
Print tile
10-JWvo.e: rmm 113190) I
REYENUE ESmAlE
Residentiil/Collerciil
hdml Wir ROids
Stitt HighwiTs
BASE SERVICES
). PLANNING
--Hr1ebos Bisin Plin
2. ftAIW[ENANCE
--Insprr! Residenliil Firililies
--Inspecl COllerciil Ficililies
--~iintiin Residenliil FiCilities
--Upgride Residentiil ririlities
--~.in!iin Slorl Ficililies
--Elergencr Response
Subtotil
3. REGULATION
--~riiniqe Liwsuits/Cliils
t PUBLIC I NYOL VE~ENT
--Priinige COlpliints/Inquiries
5. FINANCIAL mINISTRATION
--One-Tile Srstel Setup
--Ongoing Billir,g ind CollHtion
Su b to ti!
TOTAL BASE SERYICES
REYENUES AYAIlABLE fOP.
PISCRETIOHARY SERYICES
GENERAL ASSU~PTIOH5
1990
!HI
TOTAL
NOIES/ASSU~PTIONS
762,000
J20,000
12,000
968,000
144,000
n,ooo
1,730,000 15,500 iCCounls 1990j 16,215 mounls 1991.
26~,000 Assules 213 liles lrinsfer 10 Cilr.
27,000 Assule Slite continues to pir fee for rOid surfices.
B9~,000 1,127,000 2,021,000
200,000 Sised Ot ilpervious surfice; 63~ of '90 l '91 costs.
46,000 Assules cheCKed yeirlYi 1990-85 ficililiesj 1991-114 fi(ililies.
131,000 Assules cheCKed yeirlYi 1990-330 ficililiesj 1991-345 ficilities,
165,000 1990-85 ficilitiesj 1991-114 ficilities.
122,000 One-tile rost for 24 hcililies.
7,000 12 hcilities in 1990 ind 1991.
49,000 Assules 50 elergency liinlenince needs.
520,000
9,000 Engineering support ind elpert wilness testi.ony.
H,OOO Based on bislori"l levels of iCtivitr.
39,000 One-tile fee piid over lwo yeirsj Feder.1 Wiy piyS ibout 50, of 101i1.
117,000 15,500 iccounls 1990; 16,275 iccounts 1991i ilso includes I, revenue
collection fee br lbe Finme OfficE.
156,000
919,000
1,102,000
- Assules revenues ine costs for 10 .onths in 1990 ind 12 lonths in 1991.
- No inflilioniry costs ire included in estilites.
166,000
H,OOO
Z<,OOO 22,000
74,000 57,000
61,000 . 10~,OOO
122,000 0
3,000 4,000
22,000 27 ,000
306,000 214,000
4,000 5,000
16,000
18,000
19,000
52,000
20,000
65 I 000
71,000
B5,000
563,000
356,000
331,000
771,000
I
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King County
Surface Water Management Division
Department of Public Works
Yesler Building
400 Yesler Way - Room 400
Seattle, WA 98104-2637
(206) 296-6519
June 18, 1992
Mr. Cary Roe
Surface Water Manager
City of Federal Way
33530 First Way South
Federal Way, WA 98003-6210
RE: Extension of the February 27. 1990 Interlocal AQreement throuQh 1991
De~~
Enclosed are copies of the documents extending the original interlocal agreement
between King County and Federal Way through the end of 1991. As you know, the
agreement was extended three times, covering the first quarter, the second
quarter, and the final six months of 1991.
If you have any questions or need further information, please contact me at
296-8304.
s~
Susan Thomas
Intergovernmental Relations Coordinator
ST:JM:te
H2:LT34
Enclosures
cc: Ken Guy, Assistant Manager, Surface Water Management Division
Debbie Arima, Manager, Program Development Unit
John Marchione, Program Analyst
@
"1,C:,CI~1I10
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King County
Surface Water Management Division
Department of Public Works
Yesler Building
400 Yesler Way - Room 400
Seattle, WA 98104-2637
(206) 296-6519
:i.'
C--~)
March 13, 1992
f':
PUBL1,C'\ tOft
Mr. Cary Roe
Surface Water Manager
City of Federal Way
33530 First Way South
Federal Way, WA 98003-6210
RE: 1992 Contract Services Agreement
Dear Mr~~A~/
Enclosed are t~-o~inals of the interlocal agreement between King County and
the City of Federal Way. The County Executive signed the agreement and has
returned it for distribution.
The Surface Water Management Division looks forward to continuing our
cooperative relationship with the City of Federal Way. If you have any ques-
tions or need further information, please call me at 296-8304.
Si~
Susan Thomas
Intergovernmental Relations Coordinator
ST:JM:bg
D2:LT35
Enclosures
cc: Phillip Keightley, Public Works Director, City of Federal Way
Ken Guy, Assistant Manager, Surface Water Management Division
Debbie Arima, Manager, Program Development Section
Debbie Nagasawa, Manager, Finance and Administration Section
ATTN: Richard Rice, Billing Supervisor
@
IIECYCLED
"APE"
.
.
e
"
Killg' Cil\1Jlty
Su/"fan' "'all'/" Manag'l'I1H'llt Didsioll
J It'pilt'!nH'11l oll'nhlic \\'ork,
:-:W !Jexter Hortoll Bllilrling
:-lCi Secolld Al'l'lllle
Scattle. Wa,hingtol1 Vl'.l(I.j
(2()(;) 296-(;585
December 27, 1990
Mr. Brent McFall, City Manager
City of Federal Way
Post Office Box 8057
Federal Way, WA 98003
RE: Extension of Service Agreement
Dear Mr. McFall:
In February 1990, King County and Federal Way entered into an interlocal
agreement provi di ng for coll ecti on of the City IS drai nage servi ce charge and for
surface water management services through December 31, 1990.
Under the terms of the agreement, extension of the time period must be agreed to
in writing by both parties. The enclosed amendment, when signed by the
authorized representative of each government, will serve to extend the agreement
to March 31, 1991.
The three-month extension has been requested by Federal Way staff. The extension
will allow the City adequate time to decide on specific services and service
levels for the remainder of 1991. Surface Water Management Division staff will
schedule periodic meetings with Federal Way staff during the first quarter of
1991 to discuss a revised contract services agreement that will provide for
revenue collection and selected services beyond March 31, 1991.
Thank you for your attention to this issue. If you have any questions, please
call me on 296-6585 or Ken Guy, Surface Water Management Division Assistant
Manager, on 296-6587.
Si ncerely,
/(wi~ If-or
Jim Kra~;?J
Manager
JK:KG:dc(010:1227.1)
Enclosure
cc: Ken Nyberg, Assistant City Manager, City of Federal Way
James Shanks, Department of Public Works Director, City of Federal Way
Cynthia Stewart, King County Council Staffmember
Judy Chapman, Analyst, Budget Office
Martin Chaw, Analyst, Budget Office
Paul Tanaka, Director, Department of Public Works
ATTN: Ann Kawasaki, Deputy Director
Ken Guy, Assistant Manager, Surface Water Management Division
ATTN: Debbie Nagasawa, Manager, Finance and Billing Section
---- Susan Thomas, Intergovernmental Relations Coordinator
'. . ", - .. .../ J )
+ .
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, II
INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
1 i This agreement is made and entered into by and between the City of Federal
2
Way, hereinafter called "Federal Way", and King County, hereinafter called
"King County", to allow for the collection and disbursement of surface
3
4
water management service charge revenue and for the provision, by King
County, of certain service water management related services to Federal Way
WHEREAS, King County and Federal Way share interest in managing storm
and surface water runoff in order to protect property, lives and the
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6
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environment, and
9
WHEREAS, King County has provided surface water management services
10
along with billing and collection services to Federal Way from the time of
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incorporation as a city, and
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I
WHEREAS, Federal Way is now able to provide drainage related
13
operations and maintenance services to City residents and property owners,
14
and
15
WHEREAS, Federal Way wishes to retain King County's billing and
collection services and to avail itself of needed technical support
services which will be negotiated annually through both jurisdiction's
budget process, and
WHEREAS, King County is able to continue providing certain technical
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support services on an as-needed basis when those services have been
21
negotiated in advance, and
22
WHEREAS, King County has a fully developed automated billing system
23
which can be used for other jurisdiction's billings when an interlocal
agreement is negotiated between the parties, and
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25
WHEREAS, pursuant to RCW 39.34, the parties are each authorized to
26
enter into an interlocal agreement:
27
NOW THEREFORE, it is agreed by the parties as follows:
28
I. The purpose of this agreement is:
29
A. To enable Federal Way to utilize King County's billing and
30
collection services for the collection of a surface water
31
management service charge for the City.
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.........
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B. To establish a means whereby the County can act as the City's
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agent to collect the service charge for the City.
C. To establish a mechanism for Federal Way~to request that King
County provide certain technical surface water management related
services during the calendar year and to set forth the anticipated
hours and budget for those services.
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6
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II. The responsibilities of the parties are as follows:
8
A. Federal Way:
1. Federal Way has provided the legal authority for this
9
10
agreement by enacting legislation which:
a. created a surface water management program and establishes
rates and charges for the management of storm and surface
water in the ~ity;
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14
b. authorizes the County to collect surface water service
15
charges from City property owners;
c. permits the County to act as the City's agent for service
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charge collection and providing specific drainage services;
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d. authorizes the City to reimburse the County for the costs
19
of collecting the service charge revenue, for providing
requested specific drainage and administrative services.
2. Federal Way shares the responsibility for providing the
information required for timely, accurate billing of new
surface water management accounts.
a. Federal Way agrees to be responsible for providing to King
County information on new commercial construction project
applications which is available through the City's
building and land development office.
b. The information provided by Federal Way will include, but
1s not limited to, the following:
tax parcel account number;
. total acreage;
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. impervious surface acreage;
location by drainage basin.
3. Federal Way will review billing system reports provided by
King County and will notify King County immediately of known
irregularities, errors or omissions contained in reports.
4. Federal Way will be responsible for any liens and foreclosures
resulting from non-payment of surface water management
service charges.
5. Federal Way will establish the general scope of work and
estimated range of budget for technical surface water manage-
ment services to be requested from the County during the ensu-
ing calendar year. The estimated scope and budget will be
attached to this agreement as Exhibit A, the Annual Scope of
Technical Support Services Cost Summary, and will be updated
annually to reflect technical services scheduled for delivery
in the ensuing year. The approval process for annual updates
to the work program will be through each jurisdiction's budget
process as set forth in Section VI.S.2 of this agreement.
6. Federal Way will notify King County in writing when the City
wants the County to provide technical services as set forth in
the attached Annual Scope of Technical Support Services,
including the schedule and estimated hours of service.
B. King County
1. King County will update the Federal Way billing system on a
quarterly basis as follows:
a. Information provided by Federal Way on new commercial
construction projects will be used to calculate rate
classification and service ch~rge amount for the property.
b. King County will update the billing system by addin~ all
new property tax accounts occurring in Federal Way and will
forward a report on the new accounts to Federal Way.
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2. King County will collect and distribute service charge revenue
received from owners of property within the City, using the
combined Property Tax and Drainage Billing Statement.
3. King County will distribute revenue to Federal Way by the
tenth day of the month immediately following the month in
which the revenue is collected.
4. King County will provide the City with information about
delinquent accounts and will notify property owners of the
delinquent status of the account in September each year using
the same schedule used to notify delinquent accounts in King
County.
5. King County will provide Federal Way with monthly revenue
reports and an annual report on delinquent commercial
accounts.
6. King County will respond in writing to the City's request for
technical support services.
III. Financial Arrangements:
A. Cost of Services:
1. The cost of Technical Support services and of Billing and
Collection Services covered under this agreement is set forth
in Exhibits A and B attached to this agreement and incorpo-
rated herein.
a. Costs of services will be updated annually by the parties.
The cost update will be attached to this agreement and will
serve to update the agreement when attached.
2. Federal Way will pay King County for revenue collection and
distribution as follows:
a. a fee representing the cost of King County's Office of
Financial Management revenue and collections services, plus
the overhead on the services, up to a maximum of one percent
of the gross service charge revenue collected by the County
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from Federal Way property owners will be paid to the Office
of Financial Management.
b. an annual per account Billing Services charge for basic
activities related to billing, maintaining the database
for residential properties, delinquencies, refunds, reports
on revenue, collections, and other relevant billing and
collection activities as agreed to by the parties. This
charge is set forth in the Billing and Revenue Collection
Services Cost Summary attached to this agreement as
Exhibit B and incorporated herein.
B. Bills and Payments
1. King County will prepare and present to Federal Way quarterly
invoices showing the services provided and the cost of the
services.
2. Federal Way will pay King County for services as shown in
Exhibits A and B to this agreement.
3. Payment will be made within 45 days of receipt of itemized
invoice.
IV. Administration
A. The manager of the King County Surface Water Management Division
and the manager of the Federal Way Surface Water Management
Division and his/her respective designees shall compose the admin-
istration and management of the cooperative activities made possi-
ble by this agreement.
B. In the event the Surface Water Managers are unable to reach
agreement on any issue related to the services covered by this
agreement, issues will be resolved by the Directors of the King
County Department of Public Works and the Federal Way Department
of Public Works.
C. King County will retain control over and maintain all records,
supervision, rights and benefits of personnel providing service to
Federal Way under this agreement.
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D. The parties to this agreement will observe all public bidding
procedures where applicable.
V. Effectiveness and Duration:
A. This agreement shall become effective when the existing agreement
between the parties expires on December 31, 1991, and upon
signature by all parties and will remain in effect until
December 31, 1997.
VI. Amendments, Extension and Termination
A. This agreement may be amended, altered, clarified or extended only
by written agreement of the parties hereto.
B. The estimated costs and level of service as shown in Exhibits A
and B are acknowledged by the parties as representing the best
projections for services and costs available at the time of this
agreement.
1. Changes in the annual service level or in the annual cost of
services will be agreed to in writing by the parties before
being implemented.
2. The estimated level of service and the estimated cost of the
services will be calculated annually, agreed to by the
parties, and attached to this agreement as an update.
a. Annual updates to the level of service and the estimated
cost are subject to approval through the budget process of
each jurisdiction.
C. This agreement may be terminated by either party upon provision of
ninety days written notice to the other party. In the event of
termination by the City, the City will be responsible for costs
for service as set out in this agreement to the effective date of
termination.
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VII. Hold Harmless and Indemnification
King County shall indemnify and hold the City, its, agents, employees
and officers harmless from and shall process and defend at its own expense
any and all claims, demands, suits, penalties, losses, damages, or costs of
any kind whatsoever (hereinafter "claims") brought against the City arising
out of or incident to the execution of, performance of, or failure to per-
form this contract; provided, however, that if such claims are caused by or
result from the concurrent negligence of the County, its agents, employees
and/or officers and the City, its agents, employees and/or officers, this
section shall be valid and enforceable only to the extent of the negligence
of the County, its agents, employees and/or officers; provided further that
nothing in this section shall require the County to indemnify, hold
harmless, or defend the City, its agents, employees and/or officers from
any claims caused by or resulting from the sole negligence of the City, its
agents, employees or officers.
Federal Way shall indemnify and hold the County, its agents, employees
and officer~ harmless from and shall process and defend at its own expense
any and all claims, demands, suits, penalties, losses, damages or costs of
any kind whatsoever (hereinafter "claims") brought against the County aris-
ing out of or incident to the execution of, performance of, or failure to
perform this contract; provided, however, that if such claims are caused by
or result from the concurrent negligence of the City, its agents, employees
and/or officers and the County, its agents, employees and/or officers, this
section shall be valid and enforceable only to the extent of the negligence
of the City, its agents, employees and/or officers; and provided further
that nothing in this section shall require the City to indemnify, hold
harmless, or defend the County, its agents, employees, and/or officers from
any claims caused by or resulting from the sole negligence of the County,
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1
its agents, employees and/or officers. In the event the City or the County
is forced to incur attorney's fees, legal expenses, or other costs to
enforce the provisions of this section, all such fees, expenses and costs
2
3
4
shall be recoverable from the other party.
5
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above mentioned.
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Approved as to form:
KING COUNTY
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FEDERAL Way
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Ot Qy)~
I ~ 'Z- ?] -(/j Z.
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EXHIBIT A
1992 TECHNICAL SUPPORT SERVICES COST SUMMARY
Federal Way has requested King County provide up to $25,000 worth of
professional staff support in the following surface water management program
areas in 1992:
Public Involvement
Environmental Mitigation
Regulation, Enforcement and Inspection/Technical Support
King County proposes the following configuration of staff resources to support
Federal Way program requests; the services are to be provided in 1992.
PROGRAM:
ESTIMATED COST
Public Involvement:
Program Analyst II, 80 hours
Program Analyst I, 20 hours
$ 5,376
1,191
Total Estimated Public Involvement Support
$ 6,567
Environmental Mitiqation:
Senior Ecologist, 90 hours
$ 6,269
Regulation. Enforcement. Inspection (REI) Technical Support:
Senior Engineer, 60 hours
Engineer, 200 hours
$ 4,388
$ 7,613
Total Estimated REI Support
$12,001
TOTAL ESTIMATED COST OF 1992 SERVICES
$24,837
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EXHIBIT B
1992 BILLING AND REVENUE COLLECTION SERVICES COST SUMMARY
1. Billing Service Charge: The King County Billing Service Charge includes
the King County staff time, supplies and overhead required to collect and
disburse the service charge revenue from properties located in Federal
Way. The rate assumes certain basic services will be included in the
staff time allocation.
The cost of providing the following services is included in the cost per
account:
- customer service;
- data input;
research on new and existing accounts as set forth in
Section II.B.l of the attached agreement;
- processing of rate adjustments;
- written responses, (i.e., letters);
- computer analyst time.
1992 Cost per Account:
$2.89
Estimated number of accounts - 19,117
$10~810
2. Finance Collection Fee
(based on 1% of total revenue collected)
Finance Collection fee assumes $1.08 million in 1992 revenue.
Note: The Office of Financial Management Collection Fee, which is now
billed by King County to Federal Way, may be automated during 1992.
If so, revenue payments to Federal Way will have the fee withheld
before transmittal.
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1. ORIGINATING OEPT./DIV.: ~\kJ I SUJ ^^
2. ORIGINATING STAF"F" PERSON: YyS ~--\-
EXT: ~t';) 3. DATE RE.... Bv: -10/ iLl {91
4. TYPE OF" DOCUMENT RE",UESTED (CHECK ONE):
D PROFESSIONAL SERVICES AGREEMENT
D MAINTENANCE/LABOR AGREEMENT
D PUBLIC WORKS CONTRACT
D SMALL PUBLIC WORKS CONTRACT
(Le.. THAN .:aBtDaD.
D SECURITY DOCUMENT
(I:.a., AGIIEEMENT lit Pc"../MAIN BOND; A..IIINMENT Dr FUND. IN LIEU OF' BOND)
6.
D CONTRACTOR SELECTION DOCUMENT
~.D.. RF'B, RF'P, RF'I<II ,
~:~TRACT AMENDMENT AG#: 96 - ~'3G! J
~;:~:ENT1 n.lev (D~_.~ VPe~e~.\- ~I trIAl
':5W~i'~~
5. PRO.ECT NAM::UJd As neeroe(A- :Belw1 €e.Y1.J~ (';I...Jy ~ fu~~.:t "
NAME OF" CONTRACTOR: ~l'\r'l. C(,l"l.v\"'~ IXJZ' f'>v ;:\n ~ i2e-.;A.tv....~ -- I
7t'XJ ~ A.ve ~w-le ~ PHONE: Clc(c.) Z9 "" - te"3"'(~
D PURCHASE AGREEMENT
(MATER'ALA, .U~~UI:., E~UI"MENT.
D REAL ESTATE PURCHASE & SALES AGREEMENT
ADDRESS:
TVPE OF" PERSON OR ENTITV (CHECK ONE):
D INDIVIDUAL. ~S. E PROPRIETORSHIP
D PARTNERSHIP D OR~ORATION
SIGNATURE NAME: ~ 'l.s~VU',Ue
STATE:
TAX ID#/SS#:
TITLE: t:Y,~p cLc,r ). L~ ~ N...R.
7. SCOPE OF" WORK: ATTACH EXHIBIT A . A COMPLETE AND DETAILED DESCRIPTION OF" THE SERVICES OR SCOPE OF"
WORK, INCLUDING COMPLETION DATES F"OR EACH PHASE OF" WORK AND LOCATION OF" WORK.
B. TERM: COMMENCEMENT DATE:
1/L(~ ~
COMPLETION DATE: 1Jetv\\~
9. TOTAL COMPENSATION:
$1.':11 ~U(';..I."J + tt C;rcA.S
(INCLUDES EXPENSES AND SALES TAX, IF" ANV)
U.. CALCULATED ON HDU.....Y LA.DR CHARliE. ATTAC 8CHEDULES OF' EMPLOYEE. TITLE8 AND HOURLY IlllATC.J
REIMBURSABLE EXPENSES:
DYES
~
~
IF" VES, MAXIMUM DOLLAR AMOUNT: $
Is SALES TAX OWED?
DYES
IF VES, $
PAID BV:
D CONTRACTOR
DCITV
1 O. SELECTION PROCESS USED (CHECK ONEI:
D REQUEST FOR BIDS
D REQUEST FOR PROPOSALS
D REQUEST F'OR "'UOTES
D REQUEST FOR QUALIF'ICATIONS
D ARCHITECT & ENGINEER LIST
D SMALL WORKS ROSTER
~
\\\'d.S lq,
~~~~
\~~~.
~~
~~~
~O)~~
11.
C~~: R~VI~\
~ECTO~
[}"" ~w (ALL CONTRACTSI
ut'RISK MANAGEMENT
~A L CONTIlllACTS EXCIEPT AMENDMENTS,
DNTIlllACTDR SELECTION DDCUMENT)
PURCHASING
INITIAL/DATE ApPROVED
~LAW DEPARTMENT
.p. CITY MANAGER
~Y CLERK
D SIGNED COPY SA~ TO ~2NA~ DEPT.
D ASSIGNED AG # () ~
D PURCHASING: PLEASE CHARGE TO:
INITIAL/DATE ApPROVED
~~jJ;; ~ If(.~~
<ji
12. CONTRACT SIGNATURE ROUTING
~~MENTSt I
-1::'.l,p?'~e J.\nLafJ"cll~J Or;)'t""'71 \. oJvpe~lM.evt1;- ~1""V\3 uy'~v"p~l V'Pv~iDI'1.S.
l..hJ.t" ..t-k~i CLotVrevt:\ ~li'''e<<M?M.~ ~')ive S iz/ 3l/ ~ 1.
WHITE. ORIGINAL STAYS WITH CONTRACT CANARY. CLERK TO ST",,,,, PINK - LAW DEPT. GOLDENROD - ORIOINATINO BT""'''' L049Z (REV 6/95)
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King County
Water and Land Resources Division
Department of Natural Resources
700 Fifth Avenue, Suite 2200
Seattle, WA 98104-5022
(206) 296-6519
(206) 296-0192 FAX
RECEIVED
NOV 1 9 1997
FEDERAL WAY PUBLIC WORKS
ADMINISTRATION DIVISION
November 18, 1997
Jeff Pratt, P.E., Surface Water Manager
City of Federal Way
33530 First Way South
Federal Way, WA 98023
RE: Interlocal Agreement for Surface Water Management Billing and Collection Services
Dear Mr. Pratt:
Thank you for your response and edits to the amendment to the Interlocal Agreement for
Surface Water Management Billing and Collection Services.
The amendment has been updated to include the changes requested by the City of Federal Way,
and I have enclosed three copies for signature by the City Manager. Once I have received the
amendment originals back from you with the City's signature, I will forward them for signature
by King County. I will then return a signed original amendment to you for your files.
Thank you for your diligence in completing this effort. If you have any questions, please call me
at 296-8010.
."
Sincerely:
,,,,.....
~.
\
Le~Anl1Merrill
Intergovernmental Relations Coordinator
Enclosures
LAM:BL:lffiMI6
cc: Richard Rice, Billing Supervisor, Customer Account Services
e
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AG qo- 23cL
AMENDMENT To THE INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
FOR THE PROVISION OF BILLING, COLLECTION, AND TECHNICAL SERVICES
ENABLING THEAGREEMENT TO BEAUTOMATICALLY RENEWED
ANNUALLY AND AMENDING THE SERVICE COST UPDATE PROCEDURE
The 1991 agreement between King County and the City of Federal Way provides for the
provision of billing and collection services for the surface water management service charge for
the City, and establishes a mechanism for Federal Way to request that King County provide
certain technical surface water management related services. This amendment makes three
changes to that agreement.
First, the agreement stipulates that it will remain in effect until December 31, 1997 unless
otherwise extended by the party. This amendment revises section V. of the interlocal agreement
so that the agreement shall renew automatically from year to year subject to the provisions of
Section VI. Amendments, Extension and Termination (of the agreement).
Second, this amendment also amends the procedure for making annual service cost updates by
revising agreement Section ill.A. to read as follows:
A. Cost of Services
1. The estimated costs and level of service as shown in Exhibits A and B are acknowledged
by the parties as representing the best projections for services and costs available at the
time of this agreement.
2. Billing Services
a. Federal Way will pay an annual per-account fee for surface water management
service charge billing, customer database management, and customer service,
adjustable on an annual basis. The fee is $1. 77 per account for 1997, and is
adjustable on an annual basis. Annual adjustments are based on staff and overhead
cost changes authorized in the adopted King County annual budget.
b. Federal Way will pay afee for revenue collection and disbursement services of one
percent of the gross service charge revenue collected by the County from Federal
Way property owners. The fee will be deducted by the King County Department of
Finance from revenues collected.
c. Changes in the annual service level or in the annual cost of services will be agreed to
in writing by the parties before being implemented.
3. Technical Services
a. For'any technical services requested by Federal Way, King County will provide a
written cost estimate to the city for the requested services. The City will be billed
for actual costs for any requested services provided, including staff and any
equipment costs necessary.
Third, the stipulations in agreement Section VI.B. are covered in other sections of the agreement;
therefore, Section VI.B. is deleted from the agreement by this amendment.
All other provisions of the existing agreement shall remain unchanged and in effect.
APPROVED AS TO FORM:
,
~~ ~k~", \1~, .
City Attorney, Londi K., Lindell ;rv-
AFd('~ rAY
I,Kenrreth 'E. J\I'y~ty Manager
Pam Bissonnette, Di
Natural Resources
L2. /(Z./c;7
DATE
tt(J.b(q)
DATE
.
EDERAL
~ 33530 1ST WAY SOUTH
-
(253) 661-4000
FEDERAL WAY, WA 98003-6210
October 21, 1997
Lee Ann Merrill
Intergovernmental Relations Coordinator
King County Water and Land Resources Division
700 Fifth avenue, Suite 2200 :.
Seattle, WA 98104
Subject:
Amendment to the Interlocal Agreement for S~ifai:e' Water Management
Billing & Collection Services
Dear Ms. Merrill:
Thank you for your September 17, 1997 letter transmitting an the amendment that provides for
the automatic renewal of the referenced agreement. The City's legal department requests the
following changes be made:
1. Please insert as paragraph A.2.c. to the Amendment, paragraph VI.B.1. from
page 6 of the Interlocal Agreement.
2. Please add signature blocks for the City as follows:
APPROVED AS TO FORM:
City Attorney, Londi K. Lindell
CITY OF FEDERAL WAY
Kenneth E. Nyberg, City Manager
Once received, the City will execute the revised amendment and return them to you for final
execution. Please call me with any questions at (253) 661-4135.
:c y,\) ~
Jeflf' t~, ~,~
Surfal< ater Manager
IP:jg
enclosure
cc: Richard Rice, Billing! Account Services Supervisor
IclewmlRtunumd
r
"8
-
!
~ \9fJ
f\/v9
RFrE1VED
King County
Water and Land Resources Division
Department of Natural Resources
700 Fifth Avenue, Suite 2200
Seattle, WA 98104
(206) 296-6519
(206) 296-0192 FAX
~ r. ~ "(\97
...l,.l -,! l;i '
September 17, 1997
FEDE~!~I~ Yltl~{P-fTBLTC WORKS
ADJ\11..~. ~~)'.ri::l'.lT; {)l\f ['[\71310N
Jeff Pratt, Surface Water Manager
City of Federal Way
33530 First Way South
Federal Way, W A 98023
Dear Mr. Pratt:
Please find enclosed for your signature two copies of an amendment to the interlocal
agreement between King County and Federal Way for the provision of the City's surface water
service charge billing and collection services. This amendment provides for the agreement to
renew automatically each year unless it is canceled with 90 days notice.
In addition, as stipulated in the original agreement Section IIIA., the costs of services for the
billing and collection services detailed in Exhibit B are subject to updates through the
attachment of revised exhibits to the agreement. The additional changes made in this
amendment eliminate the need to attach a new exhibit to the agreement each year, while
providing for the annual adjustments to continue in the same way that we have always been
doing them. The City will continue to be informed of the annual rate adjustment each year
once it has been determined.
Once I have received the amendment originals back from you with the City's signature, I will
forward them for signature by the County and return a completed original amendment to you
for your files. Thank you for your time and work in completing this effort. Should you have
any questions, please do not hesitate to call me at 296-8010.
enclosures
\Jl~
~ ~
~()-i 1-
~ ~
~/~
f\
LAM:BL
cc: Richard Rice, Billing and Account Services Supervisor
.~,
....~ . ..
i .
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AMENDMENT To THE INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
FOR THE PROVISION OF BILLING, COLLECTION, AND TECHNICAL SERVICES
ENABliNG THEAGREEMENT TO BEAUTOMATICALLY RENEWED
ANNUALLY AND AMENDING THE SERVICE COST UPDATE PROCEDURE
The 1991 agreement between King County and the City of Federal Way provides for the
provision of billing and collection services for the surface water management service charge for
the City, and establishes a mechanism for Federal Way to request that King County provide
certain technical surface water management related services, This amendment makes three
changes to that agreement.
First, the agreement stipulates that it will remain in effect until December 31, 1997 unless
otherwise extended by the party. This amendment revises section V. of the interlocal agreement
so that the agreement shall renew automatically from year to year subject to the provisions of
Section VI. Amendments, Extension and Termination (of the agreement).
Second, this amendment also amends the procedure for making annual service cost updates by
revising agreement Section ill.A. to read as follows:
A. Cost of Services
1. The estimated costs and level of service as shown in Exhibits A and B are acknowledged
by the parties as representing the best projections for services and costs available at the
time of this agreement.
2, Billing Services
a. Federal Way will pay an annual per-account fee for surface water management
service charge billing, customer database management, and customer service,
adjustable on an annual basis. The fee is $1.77 per account for 1997, and is
adjustable on an annual basis. Annual adjustments are based on staff and overhead
cost changes authorized in the adopted King County annual budget.
b. Federal Way will pay a fee for revenue collection and disbursement services of one
percent of the gross service charge revenue collected by the County from Federal
Way property owners. The fee will be deducted by the King County Department of
Finance from revenues collected,
3. Technical Services
a. For any technical services requested by Federal Way, King County will provide a
written cost estimate to the city for the requested services. The City will be billed
for actual costs for any requested services provided, including staff and any
equipment costs necessary.
Third, the stipulations in agreement Section VI.B. are covered in other sections of the agreement;
therefore, Section VI.B. is deleted from the agreement by this amendment.
All other provisions of the existing agreement shall remain unchanged and in effect.
King County
City of Federal Way
J
Date
Date
,
\, ~
.
e
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AMENDMENT To THE INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
FOR THE PROVISION OF BILLING, COLLECTION, 'AND TECHNICAL SERVICES
ENABliNG THEAGREEMENT TO BEAUTOMATICALLY RENEWED
ANNUALLY AND AMENDING THE SERVICE COST UPDATE PROCEDURE
The 1991 agreement between King County and the City of Federal Way provides for the
provision of billing and collection services for the surface water management service charge for
the City, and establishes a mechanism for Federal Way to request that King County provide
certain technical surface water management related services. This amendment makes three
changes to that agreement.
First, the agreement stipulates that it will remain in effect until December 31, 1997 unless
otherwise extended by the party. This amendment revises section V. of the interlocal agreement
so that the agreement shall renew automatically from year to year subject to the provisions of
Section VI. Amendments, Extension and Termination (of the agreement).
Second, this 'amendment also amends the procedure for making annual service cost updates by
revising agreement Section I1I.A. to read as follows:
A. Cost of Services
1. The estimated costs and level of service as shown in Exhibits A and B are acknowledged
by the parties as representing the best projections for services and costs available at the
time of this agreement.
2. Billing Services
a. Federal Way will pay an annual per-account fee for surface water management
service charge billing, customer database management, and customer service,
adjustable on an annual basis. The fee is $1.77 per account for 1997, and is
adjustable on, an annual basis. Annual adjustments are based on staff and overhead
cost changes authorized in the adopted King County annual budget.
b. Federal Way will pay a fee for revenue collection and disbursement services of one
percent of the gross service charge revenue collected by the County from Federal
Way property owners. The fee will be deducted by the King County Department of
Finance from revenues collected.
3. Technical Services
a. For any technical services requested by Federal Way, King County will provide a
written cost estimate to the city for the requested services. The City will be billed
for actual costs for any requested services provided, including staff and any
equipment costs necessary.
Third, the stipulations in agreement Section VI.B. are covered in other sections of the agreement;
therefore, Section VI.B. is' deleted from the agreement by this amendment.
All other provisions of the existing agreement shall remain unchanged and in effect.
King County
City of Federal Way
1
Date
Date
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L?~
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/)-6-- 90"';; ..:i( d. )
INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY
3
agreement is made and entered into by and between the City of Federal
Way, hereinafter called "Federal Way", and King County, hereinafter called
"King County", to allow for the collection and disbursement of surface
4
water management service charge revenue and for the provision, by King
County, of certain service water management related services to Federal Way
5
6
WHEREAS, King County and Federal Way share interest in managing storm
7
and surface water runoff 'in order to protect property, lives and the
8
environment, and
9
WHEREAS, King County has provided surface water management services
along with billing and collection services to Federal Way from the time of
10
11
incorporation as a city, and
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I
WHEREAS, Federal Way is now able to provide arainage related
13
operations and maintenance services to City residents and property owners,
14
and
15
WHEREAS, Federal Way wishes to retain King County's billing and
collection services and to avail itself of needed technical' support
services which will be negotiated annually through both jurisdiction's
budget process, and
WHEREAS, King County is able to continue providing certain technical
support services on an as-needed basis when those services have been
negotiated in advance, and
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WHEREAS, King County has a fully developed automated billing system
which can be used for other jurisdiction's billings when an interlocal
23
agreement is negotiated between the parties, and
WHEREAS, pursuant to RCW 39.34, the parties are each authorized to
enter into an interlocal agreement:
NOW THEREFORE, it is agreed by the parties as follows:
I. The purpose of this agreement is:
30
29 A. To enable Federal Way to utilize King County's billing and
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collection services for the collection of a surface water
management service charge for the City.
........
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ORIGINAL
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B. To establish a means whereby the County can act as the City's
agent to collect the service charge for the City.
C. To establish a mechanism for Federal Way to request that King
County provide certain technical surface water management related
services during the calendar year and to set forth the anticipated
hours and budget for those services.
II. The responsibilities'ofthe parties are as follows:
A. Federal Way:
1. Federal Way has provided the legal authority for this
agreement by enacting legislation which:
a. created a surface water management program and establishes
rates and charges for the management of storm and surface
water in the city;
b. authorizes the County to collect surface water service
charges from City property owners;
c. permits the County to act as the City's agent for service
charge collection and providing specific drainage services;
d. authorizes the City to reimburse the County for the costs
of collecting the service charge revenue, for providing
requested specific drainage and administrative services.
2. Federal Way shares the responsibility for providing the
information required for timely, accurate billing of new
surface water management accounts.
a. Federal Way agrees to be responsible for providing to King
County information on new commercial construction project
applications which is available through the City's
bUilding and land development office.
b. The information provided by Federal Way will include, but
is not limited to, the following:
. tax parcel account number;
. total acreage;
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. impervious surface acreage;
location by drainage basin.
3. Federal Way will review billing system reports provided by
King County and will notify King County immediately of known
irregularities, errors or omissions contained in reports.
4. Federal Way will be responsible for any liens and foreclosures
resulting from'non-payment of surface water management
service charges.
5. Federal Way will establish the general scope of work and
estimated range of budget for technical surface water manage-
ment services to be requested from the County during the ensu-
ing calendar year. The estimated scope and budget will be
attached to this agreement as Exhibit A, the Annual Scope of
Technical Support Services Cost Summary, and will be updated
annually to reflect technical services scheduled for delivery
in the ensuing year. The approval process for annual updates
to the work program will be through each jurisdiction's budget
process as set forth in Section VI.B.2 of this agreement.
6. Federal Way will notify King County in writing when the City
wants the County to provide technical services as set forth in
the attached Annual Scope of Technical Support Services,
including the schedule and estimated hours of service.
23 B. King County
24 1. King County will update the Federal Way billing system on a
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quarterly basis as follows:
a. Information provided by Federal Way on new commercial
construction projects will be used to calculate rate
classification and service charge amount for the property.
b. King County will update the billing system by adding all
new property tax accounts occurring in Federal Way' and will
forward a report on the new accounts to.Federal Way.
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2.
2
King County will collect and distribute service charge revenue
received from owners of property within the City, using the
combined Property Tax and Drainage Billing Statement.
3. King County will distribute revenue to Federal Way by the
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5
tenth day of the month immediately following the month in
which the revenue is collected.
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4. King County will provide the City with information about
delinquent accounts and will notify property owners of the
delinquent status of the account in September each year using
the same schedule used to notify delinquent accounts in King
County.
5. King County will provide Federal Way with monthly revenue
reports and an annual report on delinquent commercial
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accounts.
15
6. King County will respond in writing to the City's request for
technical support services.
III. Financial Arrangements:
A. Cost of Services:
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17
1. The cost of Technical Support services and of Billing and
Collection Services covered under this agreement is set forth
in Exhibits A and B attached to this agreemedt and incorpo-
rated herein.
a. Costs of services will be updated annually by the parties.
The cost update will be attached to this agreement and will
serve to update the agreement when attached.
2. Federal Way will pay King County for revenue collection and
distribution as follows:
a. a fee representing the cost of King County's Office of
Financial Management revenue and collections services, plus
the overhead on the services, up to a maximum of one percent
of the gross service charge revenue coll~cted by the County
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from Federal Way property owners will be paid to the Office
of Financial Management.
b. an annual per account Billing Services charge for basic
activities related to billing, maintaining the database
for residential properties, delinquencies, refunds, reports
on revenue, collections, and other relevant billing and
collection activities as agreed to by the parties. This
charge is set forth in the Billing and Revenue Collection
Services Cost Summary attached to this agreement as
Exhibit B and incorporated herein.
B. Bi 11 s and Payments
1. King County will prepare and present to Federal Way quarterly
invoices showing the services provided and the cost of the
services.
2. Federal Way will pay King County for services as shown in
Exhibits A and B to this agreement.
3. Payment will be made within 45 days of receipt of itemized
invoice.
IV. Administration
A. The manager of the King County Surface Water Management Division
and the manager of the Federal Way Surface Water \Management
Division and his/her respective designees shall compose the admin-
istration and management of the cooperative activities made possi-
ble by this agreement.
B. In the event-the Surface Water Managers are unable to reach
agreement on any issue related to the services covered by this
agreement, issues will be resolved by the Directors of the King
County Department of Public Works and the Federal Way Department
of Public Works.
C. King County will retain control over and maintain all records,
supervision, rights and benefits of personnel p'roviding service to
Federal Way under this agreement.
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D. The parties to this agreement will observe all public bidding
procedures where applicable.
V. Effectiveness and Duration:
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A. This agreement shall become effective when the existing agreement
between the parties expires on December 31, 1991, and upon
signature by all parties and will remain in effect until
December 31, 1997. .
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VI. Amendments, Extension and Termination
A. This agreement may be amended, altered, clarified or extended only
by written agreement of the parties hereto.
11 B. The estimated costs and level of service as shown in Exhibits A
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and B are acknowledged by the parties as representing the best
projections for services and costs available at the time of this
agreement.
1. Changes in the annual service level or in the annual cost of
services will be agreed to in writing by the parties before
being implemented.
2. The estimated level of service and the estimated cost of the
services will be calculated annually, agreed to by the
parties, and attached to this agreement as an update.
a. Annual updates to the level of service anti the estimated
cost are subject to approval through the budget process of
each jurisdiction.
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24 C. This agreement may be terminated by either party upon provision of
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ninety days written notice to the other party. In the event of
termination by the City, the City will be responsible for costs
for service as set out in this agreement to the effective date of
termination.
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VII. Hold Harmless and Indemnification
King County shall indemnify and hold the City, its, agents, employees
and officers harmless from and shall process and defend at its own expense
any and all claims, demands, suits, penalties, losses, damages, or costs of
any kind whatsoever (hereinafter "claims") brought against the City arising
out of or incident to the execution of, performance of, or failure to per-
form this contract; provided, however, that if such claims are caused by or
result from the concurrent negligence of the County, its agents, employees
and/or officers and thei City, its agents, employees and/or officers, this
section shall be valid and enforceable only to the extent of the negligence
of the County, its agents, employees and/or officers; provided further that
nothing in this section shall require the County to indemnify, hold
harmless, or defend the City, its agents, employees and/or officers from
any claims caused by or resulting from the sole negligence of the City, its
agents, employees or officers.
Federal Way shall indemnify and hold the County, its agents, employees
and officer9 harmless from and shall process and defend at its own expense
any and all claims, demands, suits, penalties, losses, damages or costs of
any kind whatsoever (hereinafter "claims") brought against the County aris-
ing out of or incident to the execution of, performance of, or failure to
perform this contract; provided, however, that if such cltims are caused by
or result from the concurrent negligence of the City, its agents, employees
and/or officers and the County, its agents, employees and/or officers, this
section shall be valid and enforceable only to the extent of the negligence
of the City, its agents, employees and/or officers; and provided further
that nothing in this section shall require the City to indemnify, hold
harmless, or defend the County, its agents, employees, and/or officers from
any claims caused by or resulting from the sole negligence of the County,
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its agents, employees and/or officers. In the event the City or the County
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is forced to incur attorney's fees, legal expenses, or other costs to
enforce the provisions of this section, all such fees, expenses and costs
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shall be recoverable from the other party.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above mentioned.
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Approved as to form:
KING COUNTY
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FEDERAL Way
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Ot f)y) <;U5V1
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-fIZ~Y4
,ty Manager
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EXHIBIT A
1992 TECHNICAL SUPPORT SERVICES COST SUMMARY
Federal Way has requested King County provide up to $25,000 worth of
professional staff support in the following surface water management program
areas in 1992:
Public Involvement
Environmental Mitigation
Regulation, Enforcement and Inspection/Technical Support
King County proposes the following configuration of staff resources to support
Federal Way program requests; the services are to be provided in 1992.
PROGRAM:
ESTIMATED COST
Public Involvement:
Program Analyst II, 80 hours
Program Analyst I, 20 hours
$ 5,376
1,191
Total Estimated Public Involvement Support
$ 6,567
Environmental Mitiqation:
Senior Ecologist, 90 hours
$ 6,269
Requlation. Enforcement. Insoection (REI) Technical Suooort:
Senior Engineer, 60 hours
Engineer, 200 hours
$ 4,388
S 7,613
Total Estimated REI Support
$12,001
TOTAL ESTIMATED COST OF 1992 SERVICES
$24,837
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EXHIBIT B
1992 BILLING AND REVENUE COLLECTION SERVICES COST SUMMARY
1. Billing Service Charge: The King County Billing Service Charge includes
the King County staff time, supplies and overhead required to collect and
disburse the service charge revenue from properties located in Federal
Way. The rate assumes certain basic services will be included in the
staff time allocation.
The cost of providing the following services is included in the cost per
account:
customer service;
- data input;
research on new and existing accounts as set forth in
Section II.B.1 of the ~ttached agreement;
- processing of rate adjustments;
- written responses, (i. e., 1 etters) ;
- computer analyst time.
1992 Cost per Account:
$2.89
Estimated number of accounts - 19,117
2. Finance Collection Fee
(based on 1% of total revenue collected)
Finance Collection fee assumes $1.08 million in 1992 revenue.
$10;810
Note: The Office of Financial Management Collection Fee, which is now
billed by King County to Federal Way, may be automated during 1992.
If so, revenue payments to Federal Way will have the fee withheld
before transmittal.
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EXTENSION OF THE INTERWCAL AGREEMENT BETWEEN KING COUNTY
AND FEDERAL WAY FOR THE PROVISION OF SURFACE WATER
MANAGEMENT SERVICES AND COLLECTION OF REVENUES
This extension relates to that Interlocal Agreement, between King County and the City of Federal
Way dated February 27, 1990, which was entered into for the purpose of providing surface water
management services to the City and providing for the collection of surface water management
service charges for the City by King County. All changes to the existing agreement are contained in
this amendment; elements of the original agreement which are not addressed in this amendment
remain as stated in that document.
WHEREAS, King County and Federal Way entered into an Interlocal Agreement dated
February 27, 1990, which is attached to this amendment as Exhibit A and is incorporated by
reference herein; and
WHEREAS, the parties by mutual written agreement extended the interlocal until June 30,
1991, to allow the continuation of services while developing a new agreement which extension is
attached to this agreement as Exhibit B and incorporated by reference herein; and
WHEREAS, both parties desire the agreement to remain effective through December 31,
1991, and
WHEREAS, the parties have the authority to enter into and to amend agreements under
RCW 39.34, the Interlocal Cooperation Act and pursuant to the original interlocal agreement;
NOW, THEREFORE, the parties mut\}ally agree to the following amendments to the
Interlocal Agreement:
Effectiveness and Duration
A. The terms of the herein referenced Interlocal shall remain effective through December
31, 1991.
B. All terms of the existing Interlocal Agreement remain in full force and effect, except as
modified herein. ~
C. This agreement is effective upon signature by both parties to the agreement.
Approved As To Form:
King County Executive
~.
~~ QA':
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King C unty Prosecuting Attorney
COpy
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Exhibit A ' .
AN INTERLOCAL AGREEMENT BETW
KING COUNTY AND THE CITY OF FEDERAL WAY
PROVISION OF SURFACE WATER MANAGEMENT SERVICES
AND COLLECTION OF REVENUES
FOR
This Agreement is made and entered into this day by and between the
2
City of Federal Way. hereinafter called "City," and King County, hereinafter
3
called "County."
4
WHEREAS. residents of the unincorporated King County area known as
5
Federal Way have voted to become an incorporated city, and
6
WHEREAS. King County has a Surface Water Management Program supported
by a service charge on developed properties in unincorporated King County.
contained in King County Code Chapter9.0B. pursuant to State Law. and
WHEREAS, the City represents it has the authority to enter into this
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contract and to establish a Surface Water Management Program and Service
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Charge, and
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WHEREAS, the parties agree that continuation of comprehensive surface
water management services is beneficial to the residents and environment in
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the incorporated area, and
WHEREAS, the King County Surface Water Management Program must enter
into an interlocal agreement with Federal Way to deliver services or collect
revenue in the incorporated area after the effective date of Federal Way
incorporation, and
19
WHEREAS, Federal Way and King County agree on the services to be
provided through 1990, and the collection of revenue to support those
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241
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services, and
WHEREAS, Federal Way may choose to extend the agreement for Surface
Water Management services through 1991, and
WHEREAS, by entering into an agreement for continuation of existing
26
services. ~ederal Way will have the opportunity to make long term decisions
about delivery of drainage services, and
WHEREAS. pursuant to RCW 39.34, the Interlocal Cooperation Act, the
27
parties are each authorized to enter into an agreement for cooperative
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NOW THEREFORE, in exchange for the mutual promises made herein, the
parties hereto agree as follows:
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1.
The purpose of the agreement is:
A. To provide the residents of the City with the continuation
4
5
of drainage related services and the revenue necessary to
support the services, through the Surface Water Service
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Charge.
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B. To establish a means whereby the County can act as the City's
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agent, continuing to collect the service charge for the
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City.
C. To define and establish the type of services which will be
delivered in the City by the County.
II. Authority to Act
1. The City shall enact the necessary legislation adopting King
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County's regulations for the collection of surface water
service charges as identified in this agreement. This
agreement shall take effect on the effective date of said
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legislation. The County's regulations and fee schedule are
set out in King County Code, Chapter 9.08.
111. Definitions
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A. "Surface Water Management Program" (SWM Program) is the
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drainage-related service program designed to address both
existing problems caused by surface water runoff and future
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problems in developing areas. This term refers to the
program adopted by the City in Ordinance qO...;/ ..1C>..3~'J,
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B. "Service Charge" is the charge collected from property owners
in the City. The service charge rates are as shown in
Exhibit 4 to this Agreement.
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28,
C. "Service Area" refers to areas where the County collects a
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seivice chai;c and c:li~ers drainage-related services
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including incorporated areas where an agreement is in place
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and unincorporated areas of the western one-third of the
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County as described in King County Code, Chapter 9.08.
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D. "Services" means the activities provided to the residents
and property owners of the City under this agreement. For
purposes of this agreement, drainage services are categorized
as either base or discretionary. See Exhibit I to this
Agreement.
1. Base Services primarily focus on the continuation of
existing projects or activities and are considered the
highest priority drainage-related services by the parties
to this agreement.
2. Discretionary Services are drainage-related services
selected by the City to complement Base Services using
the net amount of funding available to the City after
payment for Base Services.
IV. Responsibilities of the Parties
A. King County
1. In 1990, the County wi11 deliver Base Services as
described in Exhibit 1 to this agreement.
2. In 1990, the County may provide to Federal Way the
Discretionary Services described in Exhibit 1 to this
agreement. Specific Discretionary Services will be
decided upon on or before July 3D, 1990.
3. The County will provide the City with information about
delinquent accounts.
4. The County will, in consultation with the City, prepare
additional agreements as necessary, addressing the
cooperative management and construction of any capital
improvement projects selected by the City as part of the
Discretionary Services.
5. King County and Federal Way will enter into,a separate
agreement for the cooperative management of the Hylebos
Basin Plan and to share the costs associated with the Plan.
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B. Federal Way
1. The City will provide the legal authority for this
,agreement by passing legislation which will:
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a. adopt the County's existing rate structure as
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reflected in King County Code, Chapter 9.08,
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b. authorize the County to collect surface water service
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charges from City property owners,
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c. permit the County to act as the City's agent for
service charge collection and providing drainage
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services, and
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d. allow the City to pay for the maintenance of road
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drainage systems with service charge revenues if so
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desired.
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2. The decision to take action on service charge accounts
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which become delinquent after the effective date of
incorporation will be the responsibility of the of the
City. The City will be responsible for any liens and
foreclosures resulting from non-payment of surface water
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management service charge after the effective date of
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incorporation.
3. Federal Way will work with the County's Surface Water
Management Division to establish the kind and level of
Discretionary Services the County will undertake on
behalf of the City. The parties agree the Discretionary
Service package will be resolved and become plrt of this
agreement on or before July 3D, 1990.
4. The City will adopt such policies and procedures as are
required for delivery of the specific and agreed upon
Discretionary Services.
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Financial Arrangements
A. Revenue Collection
1. The County will collect and distribute revenue received
from properties within the City through the combined
Property Tax and Drainage Billing Statements.
2. The County will hold revenues collected for the City in
a separate account and will disburse these revenues to
the City on a monthly basis.
3. The City will pay the County a flat one percent (1%) of
all revenue collected by the County for the City under
the terms of this agreement. This charge will remain
unchanged for the duration of this agreement and will be
d~ducted from the revenues collected on a monthly basis
by the County and forwarded to the City. This charge
is reflected in the cost of Base Services, Exhibit 2,
attached to this agreement.
B. Cost of Base Services
1. The cost for services shown in Exhibit 2 represents the
estimated annual cost for 1990 for each service. The
estimates account for the costs of direct services plus
an administrative overhead charge. In 1991, the cost of
services will be adjusted to reflect cost-of-living
adjustments and any other economic adjustments adopted by
King County in the 1991 Budget Process.
2. Differences between estimated expenditures for Base
Services and actual expenditures will result in an
adjustment to the funds available for Discretionary
Services in the succeeding year. If, for example, in
1990, Base Services cost less than anticipated, the City
will have more funds available for Discretionary Services
in the following year.
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C. Cost of Discretionary Services
1. The estimated costs for Discretionary Services are shown
in Exhibit 3 to this agreement.
2. In 1990, Discretionary Services will be negotiated between
the parties based on the difference between the proposed
allocation to Base Services as shown in Exhibit 2 and the
revenue from the Service Charge. Funds remaining will be
used to pay for Discretionary Services.
3. In 1991, the amount available for Discretionary Services
will be the result of reconciling the actual cost of
Base Services in 1990 with the estimated cost as presented
in Exhibit 2. The cost of Discretionary Services in 1991
is subject to the same economic adjustments as Base
Services; see Section V, B. 1., above.
D. Bills and Payments
1. The County will prepare and present to the City quarterly
invoices showing the services provided and the cost of
the services. The first invoice will cover the period
from March 1, 1990 to June 3D, 1990: thereafter invoices
will reflect three months of activity.
2. The City will pay the County within 45 days after receipt
of the invoice.
VI.
Administration
A. The Manager of the King County Surface Water Management
Division and the City's Director of Public Works or hislher
respective designees, shall compose the administration and
management of this joint cooperative program to continue
drainage related services in the City. Provided that the
City Manager will take the place of the City's Director of
Public Works until the City fills this position.
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B. In the event the Division Manager and the Public Works
Director are unable to reach agreement on any issue related
to the provision of services under this agreement, issues
will be resolved by the Director of the King County
Department of Public Works and the City Manager of Federal
Way.
C. The County will retain control over and maintain all records,
supervision, rights and benefits of personnel providing
service to Federal Way under this agreement.
D. The parties to this agreement will observe all public bidding
procedures where applicable.
VII. Effectiveness and Duration
A. This agreement shall become effective on March 1, 1990 and
remain in effect until December 31, 1990. The City may
extend this agreement until December 31, 1991 by submitting a
written request to the County no less tha'n ninety days before
December 31, 1990.
VIII. Amendments and Extension or Tenmination
A. This agreement may be amended, altered, clarified or extended
only by written agreement of the parties hereto.
B. The estimated costs and level of services as shown in
Exhibits 2 and 3 are accepted by the parties as representing
the best projections for service and cost available at the
time of this agreement.
1. Changes in services as shown in Exhibits 2 and 3 to
this agreement will be agreed to in writing by the
administrators of the cooperative program and the
signators to this agreement will be infonmed.
2. If the County must make changes in the level of services
and the corresponding costs of these services, other
than those discussed in Section V., the changes will be
reported to the City before adjusting the annual budget
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IX.
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and new estimates will be negotiated between the
parties.
3. If the City wishes changes in level of services under
this agreement, it will infonm the County in writing
and the parties will agree as to the timing and
accomplishment of said changes.
C. This agreement may be tenminated by either party upon
provision of ninety days written notice to the other party.
In the event of termination by the City, the City will be
responsible for actual costs for services to the effective
date of tenmination.
1. Provided that: should the City wish tenmination of
revenue collection services, the City will notify the
County in writing no less than ninety days before
December 31, 1990 or 1991, to tenminate revenue collec-
tion services for the fOllowing year.
Hold Hanmless and Indemnification
A.
In executing this agreement, the County does not assume
liability or responsibility for or in any way release the
B.
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commenced, the City shall defend the same at its sole expense I
and if judgment is entered or damages are awarded against the I
City, the County, or both, the City shall satisfy the same, i
I
The County shall indemnify and hold hanmless the City and itS!
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City from any liability or responsibility which arises in
whole or in part from the existence, validity, or effect of
city ordinance, rules or regulations.
In any such cause,
claim, suit, action, or administrative proceeding is
including all chargeable costs and attorney's fees.
officers, agents, and employees. or any of them, from and
against any and all claims, actions, suits, liability, loss,
costs, expenses. and damages of any nature whatsoever. which
are caused by or result from a negligent act or omission of
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the County, its officers, agents, and employees in performing
services pursuant to this agreement.
In the event that any suit based upon such a claim, action,
loss, or damage is brought against the City or the City and
the County, the County shall defend the same at its sole cost
and expense; and if final judgment be rendered against the
City and its officers, agents, and employees or jointly
against the City and the County and their respective
officers, agents, and employees, the County shall satisfy the
same.
C. The City shall indemnify and hold harmless the County and its
officers, agents, and employees, or any of them, from and
against any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, which
are caused by or result from a negligent act or omi"ssion of
the Ci~y, its officers, agents, and employees.
In the event that any suit based upon such a claim, action,
loss, or damage is brought against the County or the City and
the County, the City shall defend the same at its sole cost
and expense; and, if final judgment be rendered against the
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County and its officers, agents, and employees, or jointly
against the County and the City and their respective
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officers, agents, and employees, the City shall satisfy the
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same.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
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the day and year first above mentioned.
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<0 COUNTY:
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King County Executive
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FEDERAL WAY:
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EXH BIT 1
DESCRIPTION OF CONTRACT SERVICES
King County wll I collect the service charge revenues for Federal Way and use the
revenue to finance two general categories of surface water services: base
services and discretionary services. Revenues will first be al located to base
services, with remaining revenues al located to discretionary services.
Base services primarily focus on the continuation of existing projects or
activities. from KIng County's perspective, base services are the highest
priority to provide In Federal Way. Base services Include the fol lowing:
o Planning: Completing the development of the Hylebos/lower puget Sound
Basin Plan,
o Maintenance: Continuing a program of routine and emergency maintenance
for drainage facilities within the City.
o Regulation: Providing technical expertise for existing lawsuits, claims
for damage, and other regulatory actions,
o Financial Administration: Continuing the bll ling of SWM service charges
and collecting the revenues for the City.
o Public Involvement (Citizen Response): Providing technical expertise to
respond to the public Inquiries or complaints about drainage Issues.
After a portion of the revenues have been allocated to fund the base services,
the City would have the opportunity of choosing from a wide variety of
discretionary services. Examples of discretionary services Include:
o Planning: Assisting the City In developing a surface water utility
program, using the Draft Hylebos/lower puget Sound Basin Plan as a basis
for projecting program needs and services.
o Capital Improvements: Designing and constructing capital facilities based
on urgent needs and as Identified in the Implementation section of the
Draft Hylebos/lowr puget Sound BasIn Plan (anticipated In December 1990).
o Maintenance: Providing maintenance to conveyance systems (e.g., pipes,
ditches, catch basins) located within the road right-of-way.
o Regulation: Enforcing City-adopted drainage regulations that fall outside
of the land use and building permit process.
o PUblic Involvement: Administering programs that use citizen volunteers
or community groups to protect streams and water Quality (e.g., stream
clean-up activities, stream slgnage ~rojects. storm drain stenciling
projects, and water quality monitoring programs).
~
F/AI: I LAS-EX'
~ill:K~,.i ~: f[I,H' HI SrHm tcm~:l
............ ,..............-.....
l[v ~r lIS[ S[tvIm
motU[ [S mm
trsi 11ft t i 11/t.llrre i II
hiI'll VI) l..ls
Slllr Hill.."
USE s[[Vms
1. PlA~~I~.
"M)lr\os Inil flu
2. ~WlmN:[
--In,rel Rrsi/toti.l rlCilitirs
-'Ios,ret (...rrdll rHilititS
-'~liotlio lrsi/ralill FlCilitirl
--UPI'llr Rrsi/rolill rlCililirs
--~li.tli. Stm rHilitirs
--["rlmel hsp.r,1f
S,ct.1l1
3. mUlllJOW
--hlitl!r lmtits/CllilS
I. funIC I~VOlYlf,tN1
--I"iulr (o.phio\S/h\tirirs
5. FlNAlitlAl mlWlmmON
--O'r.Ti" Srst" Srt.,
--OO!.iol lilli'l ..e Ccllreti..
SoHdil
101Al liSr smms
mr~'UES mlLlIlr fOf.
mmmmr smms
6[I:[Ul mUI.PilD_S
frilllllr )(-.;",.11 '''lr: f(lm" 113m)
e
1 !90
TOTAL
NOHSIlSSU1.PIJDNS
I !II
, ,
.. ......... ......... .....-..... ........ .............. ....... ..,........... ...... .................. ......~...... ...... ..-............... -.............................. ....--........ ......
112 ,000
11',000
I?,OOO
!l1,000
1\\,000
Il,m
1,730,000 n,lOO mDVlII lfle; 1t,2]) 1C1O>01l 1m,
HI,OOO hllm 2Il.i!rs truslrr 10 titr.
21,000 hs..t Sill! [D,linu 10 '17 Itr 101 lul SVrllCtS.
m,ooo 1,127,000 2,021,000
1&1,000 J(,OOO 200,000 Imt DI i.,rr,i.vs svrfltlj 'H .1 'n l 'VI mls.
11,000 22 ,coo 1',000 lmm chIChi rwln JnHI IlCilitirs; ml'1I1 !lCilitiu.
7\,000 17,000 m,ooo Assuts chIChi Twlr; mo. no IHilitirs; ml.m lltilitiu.
1l,000 101,000 W,OOO 1!!HI Ildlilirs; ml.lll IlCililirs.
122,000 0 122,000 Dor-til! COIl lor H f1cilitirs.
3,000 1,000 7,00012 IHilitiu i. mo llt mI.
ll,OOO 27,000 H,OOO ~S"l!S 10 IIrrlmcr lIi.ltll'" .,.Is.
lO!,OOO 211,000 \20,000
<,000 1,000 ~,oOO [o!inmi., 1I".,l III r:,rr\ .ilDrss lrstimr.
lO,OOO 18,000 H,OOO hsrl o. hilloriCl} Iter!! cl ntivilr.
l! ,000
12,OOC.
20,OOC.
, LI,OOO
3~,OOO Onr-li" II! plit .m hc TrlTS; fr/rflll'l) pi IS lbott It,~ d lell!.
117,m 11,~00 movr.ls H~C.; U,271 Hemls !HI; lis. i.c1o/rs jl_,mm
eollrelio. II! ~r tDr fiHt(! Clfin.
71,000
61,m
11',000
10,000
31!,m
m,ooo
331,000
771,000
1,102,000
::::::.:: ::::;::: ...........
- Ass..rs rr'UtU 101 mts lor 10 mtt.s it mo lOt 12 mUs i, 1m.
- ~. itfllliewr mts IT! inchtrt i. rstilllrs.
'" .
e
..
IIUCKI.[~1 A ICO~IIIIU[I): HlHAl HI smm ComACI
.................................................... ............. -...... .................................-..
lOUt HIlms lAm PlAW com
1188
liB!
mD
Aelu) Cllls
IIH,m
III, ~\I
m
Froirelll C~lls
m
110,10
UIl,m
hilI! IlH,m 1111,.13 HIl,n.
HlI
Iml
~/A I J U, 3ZI
l~l,6C\ 100,10
z:::::::::: :::::::r.:::: ::::::::::: :::.:::::::: ::::::::-:::
Ill, II! \lIl,UI
mrlA[ m's lOSI SKAI.1
mo
Frojrelrl tOlI~
Im,UJ
frim! rlT Sf,/If II m
w,m
....................... -..--.............. --...--.........
.........--....... ..................... ..........--........
lfIl
T01Al
Ill,SIC Im,m
1m
I III
1m
33,m
m,IO!
m~RAl mumJG~S
I lHO lOlls l!mH 10 IDhlb~ Il?ll,l!l) of lohl IllO "'Ul] [OIl of UH,ll..
. him! hT 0017 flTI for lhm cf ,roirel!1 fllo COlis io mo lod If!!.
- ;!Iml l'i7 f;T~ m 01 1m Iftl un mls ~lS!1 00 !h! rHCull!! of i1fmion
mlm rill,in In! HTJ!bo~ illir..
~
e
'_nll~.foJ" I "" \ ~""'.. '" '-I
. .. I'.
<~':',7"_~~:-r:k~
e
e
EXHIBIT 3
AI1ACH~[Nl I: rmm m S[RVIC[ comm
flilt ~i1r II-J...,O (filr: rmm 1/3/'0)
IISCRCllDNUT SmItES
mo
1m
IIStlEllONART SERVltES
. ............... ..--... -.. ...-...............- ......-.............. ..... ....... ........ ..... .......... .......... ............................- -....... .....-.......- --... .............. -... ............ .....-.....
IOIAl
NOI ESI ASSU~P11 ONS
I. PlAWNlN6
--Olli1l9r S1ulin
--Ulilil, Prolrll hnlo,ml
--SII/II '19i19
S.Holll
2. ~AJNlENANCE
-'h ROll tOOYI'11t1 Spllll
--VillI C..lily rl[iJilirl
--[w!my Spill Clun Up
S.ilolll
3. mUlA110N
--Noo-pruit bfore.mt AcliOlI
(. PUllIt INVOl VEf.ENT
--touanity lClion 9 lints , Itlll'
clriD-vp lctivitirs, lnl Ilht.1
volaolrrl ploglltS
5. FlNANml miNISTRATION
--Enginming SUppOlt FOI
NH Accouols
I. tAflTAl Ir.PROVmm
-.hiol tlfilll 'Ioirch
--Stlm RntClltiol 'Ioircts
'-SIlIHtllt III ill!' Ploircll
Soitc\11
U,OOO
130,000
3,000
H!,OOO
m,ooo
381,000
3,101,000
2l7,~00
20,000
3,m,OOO
!I,OOO
',000
21,000
13,000
1,000
20,000
o
J,OOO
23,000
212,000
JO<,OOO
!B,OOO
16,000
2,722,000
217,000
20,000
2,919,000
JI,OOO' hllln I 10111 of fin IlIlirs.
130,000 Iml OA cOl,milr [OIt for tit, 01 Tthih.
1,000 ~onitol ul lIinllin 2 lllrs.
112,000
1,000
8,000
\81,000 hIli 10 loll "III "mllll hlll,lioll' brio..
l,m,IU ft. of sYIIr. (pipr l lite'! I 5,112 Cltcbblsins lIinlliorl in "0 l .,
8\,000 titY'1 [OIt of Hlimt lilpOll] lnl .llrl tmtml.
11,000 Amm 20 mpOl1ll pll yrll (lIChlin! rqviplID\l,
m,ooo
41,000 Iml 01 billoliClI mviel Jrvlls.
21,000 Imd OD cost of /listiD9 FIOllil.
5,000
!,OOO TrchniClI I'mrl f~r Vplltit!, Ili'llin!, lllin! rrm,. lccmls.
1,321,000 II ploi.els iI Fl'iml VlY.
m,ooo Amnt Immd fOI slIm Irslmtion.
10,000 hout m.ml fOI 1Il1l-SClIt 'Ioirtll.
TOTAl t1StP.EllOWAF.T mvms 1,IlI,OOO 3,325,000 7,711,000
1,802,000
6[I/[RAl ASSU~PTJD~;
=:::=:::
:::::::=
- Amars rm~vrs lnd [OIls fel 10 aon'US in IUO lnl 12 IDDUS in ml, .ith Ihl Implioo of h-Rold ConY/YllCr S711us COIls .hich II'
UDell COIls fel ioth mo lit ml.
- No infllliowy cosls lit i,rl,I.1 io rslillttS.
- Thr lli~l.unc. of 1n.ROlI tooY/yut! Systus is I cOlponul of lb. 'llIie Srrvim' imlibrd il Ibr i.olls tivisioD plopOllI fOI confrlCl
srrvicrs io Frlml hy. H. IOml eosls iI' Hshd lbov. to bi!bli9bt tb. tit(s oPlolhoily to 'I' fOI thm uintrftllC! COIls vlinl
/lV,ovrs flOI lb. SVrfHf Ilhl slnin CDtlg..
.
I ~:
.
e
KING COUNTY
SURFACE WATER MANAGEMENT
SERVICES CHARGES
e
There are two types of service charges -- the flat rate and the sliding rate:
- The !l!! rate service charge of $29.89 a year applies to single-family homes and
parcels with less than 10% Impervious surface.
- The sliding rate service charge applies to all other properties In the service
area. The slidIng rate Is calculated by measuring the amount of Impervious
surface on each parcel. and multIplying the appropriate rate by the total parcel
acreage.
Several special rate categorIes wi I I automatically be assigned to those who qualify:
- An exemption for any home owned and occupied by a low-Income senior citizen.
- A discount for any parcel served by a County-approved retention/detention (R/D)
facl I Ity maintained by the owner.
- A discount for any parcel (or part of a parcel) officially designated as ~
~.
RATE TABLE
I Rate Category Percent ImpervLous Surface Annua I Service Charge
11I1-Res Ident la I:
I Single-Family Home N/A $ 29.89 (regardless of size)"
I
! 1I2-Very Light more than 0" less than 10% $ 29.69 (regardless of size)
"'.
I
I 1I3-L Ight 10% up to 20% S 60.63/acre....
I
I
lll<l-Moderate more than 20%. up to 45% $126.01/acre....
I
I
I liS-Moderately Heavy more than 45%. up to 65% S243.33/acre".
I
I 1I6-Heavy more than 65%. up to 85% $308.S1/acre....
I
I
I IIi-Very Heavy more than 85%. up to 100% $40<1. iO/acre....
I
I
The maximum annual service charge for mobile home parks shall be $29.89 times the number of mobile
home spaces. (Per KIng County Ordinance 8526, adopted 6/22/66.)
In addition to the 'charge per acre, there is also a processing charge of S3.62 per service charge bill.
RATE ADJUSTI.lENTS
Any person receiving a bl I I may fl Ie a request for a service charge rate adjustment
with the Surface Water Management Division within three years of the bi II ing date.
(Fi ling a request wil I not extend the payment period, however.)
You should file a request if:
- the property acreage Is Incorrect.
- the measured Impervious surface Is Incorrect".
- the property Is charged a sliding fee when it should be a flat fee.
- the person or property qualIfIes for an exemption or discount.
- the property Is wholly or In part outside the service area.
To obtain a Request for a Rate AdJustment form. please cal I 296-6519.
(F/,:J:l-l)
:. . ,- - .:' .""':~r.,.r.
.. ~ i~
.
Exhibit B
.
\. .
.
AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND FEDERAL WAY
FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES
AND COLLECTION OF REVENUES
This amendment extends the duration of an interlocal agreement, between
King County and the city of Federal Way, which was entered into by both
parties for the purpose of providing surface water management services
to the City and providing for the Collection of surface water
management service charges for the City by King County. All changes to
the existing agreement are contained in this amendment; elements of the
original agreement which are not addressed in this amendment remain as
stated in that document.
WHEREAS, King County and Federal Way entered into an inter local
agreement in February 1990, which is attached to this amendment as
Exhibit A and is incorporated by reference herein; and
.
WHEREAS, the parties extended the agreement until March 31, 1991,
which amendment is attached to this agreement as Exhibit Band
incorporated by reference herein, to allow for the continuation of
services while developing a new agreement; and
WHEREAS, both parties want the agreement to continue until June
30, 1991.
WHEREAS, the parties have the authority to enter into and to amend
agreements under RCW 39.34, the Interlocal Cooperation Act;
NOW, THEREFORE, the parties mutually agree to the following
amendments to the interlocal agreement:
Effectiveness and Duration
A. This amendment shall become effective April 1, 1991 and remain
in effect until June 30, 1991.
B. This agreement shall become effective upon signature by all
parties to t~e agreement.
~
APproved~~O
-'.
Attorney
t -
.
.
.
/l (j. 9c -~3 r;&..)
AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN KING COUNTY AND FEDERAL WAY
FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES
AND COLLECTION OF REVENUES
This amendment extends the duration of an interlocal agreement, between
King County and the City of Federal Way, which was entered into by both
parties for the purpose of providing surface water management services
to the City and providing for the collection of surface water
management service charges for the City by King County. All changes to
the existing agreement are contained in this amendment; elements of the
original agreement which are not addressed in this amendment remain as
stated in that document.
WHEREAS, King County and Federal Way entered into an interlocal
agreement in February 1990, which is attached to this amendment as
Exhibit A and is incorporated by reference herein; and
WHEREAS, the parties extended the agreement until March 31, 1991,
which amendment is attached to this agreement as Exhibit Band
incorporated by reference herein, to allow for the continuation of
services while developing anew agreement; and
WHEREAS, both parties want the agreement to continue until June
30, 1991.
WHEREAS, the parties have the ~uthority to enter into and to amend
agreements under RCW 39.34, the Interlocal Cooperation Act;
NOW, THEREFORE, the parties mutually agree to the following
amendments to the interlocal agreement:
Effectiveness and Duration
A. This amendment shall become effective April 1, 1991 and remain
in effect until June 30, 1991.
B. This agreement shall become effective upon signature by all
parties to the agreement.
APproved~~O
~--
Attorney
cop.y
.' 1 , , '_~f.
(" I'tl NG COUNTY
"..
SURFh~EIW~TER MAN~GEMENT
SERVICES CHARGES
(
l.
There are two types of service charges -- the flat rate and the slIding rate:
- The .!1.0. ~ service Charge of 5;29,89 a year applies to single-family homes and
parcels with less than 10% Impervious surface.
- The sliding ~ service charge applies to all other properties In the service
area. The sliding rate Is calculated by measuring the amount of Impervious
surface on each parcel, and multiplying the appropriate rate by the total parcel
acreage.
Several special rate categories will automatically be assigned to those who Qualify:
An exemption for any home owned and occupied by a low-Income senior citizen.
- A discount for any parcel served by a County-approved retention/detent Ion (R/D)
facilIty maintained by the owner.
- A discount for any parcel (or part of a parcel) officially designated as ~
~.
RATE TABLE
Rate Cateoory
Percent Imperv I.ous Surface Annua I Service Charoe
NIl, 5 29,89 (regardlesS of size)"
more than O~~ I less than 10% 5 29.89 (regardless of size)
"
1 O~' up to 20% 5 60.83/acre....
more than 20~, up to .(5% S126,01/acre*"
more than 45%, up to 65% 52":3.33/acre**
more than 65%, lip to 85'~ S308.51/acre**
more than 85';, up to 100% s":0":.10/acre*"
0i1-Resldentlal:
Single-Family Home
0i2-Yery Light
1I3-Llght
.,<:-Mo,der ate
.,S-Moderately Heavy
..e.-Heavy
..i-Very Heavy
The maxirnu~ annual se~vice charge for mo~lle home parks shall be S25.89 times the number of mo~ile
home s~aces. (Per King Coun~y Ordinance 8625, ado~ted 6/ZZ/8S.)
In addition to the c~arge per acre, there Is also a processing charge of $3.82 per service charge bill.
RATE ADJUSTMENTS
A:1Y perSO:1 receiving a bill may file a request for a service charge rate adjastment
with the Surface Water Management Division within three years of the bi I I ing date.
(Fi ling a request wi I I not extend the payment period, however.)
You should file a request If:
- ~he property acreage Is inco:--rect.
- the measured Impervious surface is Incorrect.
- the property Is charged a sliding fee when it should be c flat fee.
- the person or property OUcllfles for an exemptio:1 or discount.
- the property Is wholly or in part outside the service area.
To c~tain a Request for a Rate ~cjustment form, please cal I 296-6519.
(f !;.:): ;-1)
1/
.
"\_~
~NDMENT TO THE INTERLOCAL AGRE~T
BETWEEN KING COUNTY AND FEDERAL WAY
FOR THE PROVISION OF SURFACE WATER MANAGEMENT SERVICES
AND COLLECTION OF REVENUES
.. '.
/l-~ tj'a :"'d<.J @)
This amendment extends the duration of an interlocal agreement between King
County and the City of Federal Way which was entered into by both parties for
the purpose of providing surface water management services to the City and pro-
viding for the collection of surface water management service charges for the
City by King County. All changes to the existing agreement are contained in
this amendment; elements of the original agreement which are not addressed in
this amendment remain as stated in that document.
WHEREAS, King County and Federal Way entered into an interlocal agreement
in February 1990 which is attached to this amendment as Exhibit A and is
incorporated by reference herein; and
WHEREAS, both parties want the agreement to continue until Federal Way and
King County can determine what level of base and discretionary services will be
delivered by King County and what services will be provided by Federal Way; and
WHEREAS, the parties have the authority to enter into and to amend
agreements under RCW 39.34, the InterlocalCooperation Act;
NOW, THEREFORE, the parties mutually agree to the following amendments to
the interlocal agreement:
Effectiveness and Duration
A. This amendment shall become effective on January 1, 1991 and remain in
effect until March 31, 1991.
B. This amendment shall become effective upon signature by all parties to
the agreement.
Approved As To Form:
8~~
King County ive
ay C 1 ty
,J
/k:1J,J 6
ORIGINAL
(010:1227.2)
. .
..
~
.
'1
>>
.
'L../.
//~-"p
\
\
I
! ,
/
..,.. .
King County
Surface Water Management Dh'ision
Department of Public 'Yorks
730 Dexter Horton Building
710 Second A\'enue
Seattle, Washington 98104
(206) 296-6585
December 27, 1990
Mr. Brent McFall, City Manager
City of Federal Way
Post Office Box 8057
Federal Way, WA 98003
RE: Extension of Service Agreement
Dear Mr. McFall:
In February 1990, King County and Federal Way entered into an interlocal
agreement providing for collection of the City's drainage service charge and for
surface water management services through December 31, 1990.
Under the terms of the agreement, extension of the time period must be agreed to
in writing by both parties. The enclosed amendment, when signed by the
authorized representative of each government, will serve to extend the agreement
to March 31, 1991.
The three-month extension has been requested by Federal Way staff. The extension
will allow the City adequate time to decide on specific services and service
levels for the remainder of 1991. Surface Water Management Division staff will
schedule periodic meetings with Federal Way staff during the first quarter of
1991 to discuss a revised contract services agreement that will provide for
revenue collection and selected services beyond March 31, 1991.
Thank you for your attention to this issue. If you have any questions, please
call me on 296-6585 or Ken Guy, Surface Water Management Division Assistant
Manager, on 296-6587.
Si ncerely,
I" W J/___ (t-o r
Jim Kra~~
Manager
JK:KG:dc(010:1227.1)
Enclosure
cc: Ken Nyberg, Assistant City Manager, City of Federal Way
James Shanks, Department of Publ ic Works, Director, City of Federal Way~,
Cynthia Stewart, King County Council Staffmember
Judy Chapman, Analyst, Budget Office
Martin Chaw, Analyst, Budget Office
Paul Tanaka, Director, Department of Public Works
ATTN: Ann Kawasaki, Deputy Director
Ken 'Guy, Assi stant Manager, Surface Water Management Di vi s i on
ATTN: Debbie Nagasawa, Manager, Finance and Billing Section
Susan Thomas, Intergovernmental Relations Coordinator
~ . ,
II
, ,': 1 '
EXHIBIT A
e
e
AN INTERLOCAL AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF FEDERAL WAY
FOR PROVISION OF SURFACE WATER MANAGEMENT SERVICES
AND COLLECTION OF REVENUES
This Agreement is made and entered into this day by and between the
2 City of Federal Way, hereinafter called "City," and King County, hereinafter
3 ca 11 ed "County."
4 WHEREAS, residents of the unincorporated King County area known as
5 Federal Way have voted to become an incorporated city, and
6 WHEREAS, King County has a Surface Water Management Program supported
7 by a service charge on developed properties in unincorporated King County,
8 contained in King County Code Chapter 9.08, pursuant to State Law, and
9 WHEREAS, the City represents it has the authority to enter into this
10 contract and to establish a Surface Water Management Program and Service
11 Charge, and
12
WHEREAS, the parties agree that continuation of comprehensive surface
13
water management services is beneficial to the residents and environment in
14
I
151
~: I
181
the incorporated area, and
WHEREAS, the King County Surface Water Management Program must enter
into an interlocal agreement with Federal Way to deliver services or collect
revenue in the incorporated area after the~effective date of Federal Way
incorporation, and
19
WHEREAS, Federal Way and King County agree on the services to be
20
provided through 1990, and the collertion of revenue to support those
21
services, and
22
WHEREAS, Federal Way may choose to extend the agreement for Surface
23
Water Management services through 1991, and
24
WHEREAS, by entering into an agreement for continuation of existing
25
services, Federal Way will have the opportunity to make long term decisions
26
about delivery of drainage services, and
27
WHEREAS, pursuant to RCW 39.34, the Interlocal Cooperation Act, the
28,
I
29 'I
1
30
parties are each authorized to enter into an agreement for cooperative
acti,on;
31
32
(F Itd : I LA5)
-1-
2/5/90
'~
,.--./
,/
10
11
12
13
14
15
16
17
18
19
20
21
22 !
23 i
24
25
26
27
28
29
30
31
32
.
e
NOW THEREFORE, in exchange for the mutual promises made herein, the
2
parties hereto agree as follows:
3
1.
The purpose of the agreement is:
A. To provide the residents of the City with the continuation
4
5
of drainage related services and the revenue necessary to
6
support the services, through the Surface Water Service
7
Charge.
8
B. To establish a means whereby the County can act as the City's
9
agent, continuing to collect the service charge for the
City.
C. To define and establish the type of services which will be
delivered in the City by the County.
I I. Authori ty to Act
1. The City shall enact the necessary legislation adopting King
County's regulations for the collection of surface water
service charges as identified in this agreement. This
agreement shall take effect on the effective date of said
."
,
legislation. The County's regulations and fee schedule are
set out in King County Code, Chapter 9.08.
III. Definitions
A. "Surface Water Management Program" (SWM Program) is the
drainage-related service program designed to address both
existing problems caused by surface water runoff and future
problems in developing areas. This term refers to the
program adopted by the City in Ordinance 9::-5) >! 9t)-2,,'),.
B. "Service Charge" is the charge collected from property owners
in the City. The service charge rates are as shown in
Exhibit 4 to this Agreement.
C. "Service Area" refers to areas where the County collects a
service charge and delivers drainage-related services
including incorporated areas where an agreement is in place
and unincorporated areas of the western one-third of the
County as described in King County Code, Chapter 9.08.
(F /AI: ILA5)
-2-
2/5/90
. .
. 1
" ,
,/
1" .:
. .
1 '
21
31
4
5
6
7
8
9
10
"
12
13/
14
I
15;
i
16!
I
171
I
18 !
19/
20 i
I
i
21 i
I
221
23 !
I
I
24 !
i
251
26'
27 ,
!
28 :
i
2Q:
-' i
30 I
31 I
I
32 I
I
I
I
I
I
(F/AI: ILA5)
e
.
D. .Services. means the activities provided to the residents
and property owners of the City under this agreement. For
I
(
purposes of this agreement, drainage services are categorized
as either base or discretionary. See Exhibit 1 to this
Agreement.
1. Base Services primarily focus on the continuation of
existing projects or activities and are considered the
highest priority drainage-related services by the parties
to this agreement.
2. Discretionary Services are drainage-related services
selected by the City to complement Base Services using
the net amount of funding available to the City after
payment for Base Services.
IV.
Responsibilities of the Parties
A. Ki ng County
1. In 1990, the County will deliver Base Services as
described in Exhibit 1 to this agreement.
'.
'.
2. In 1990, the County may provide to Federal Way the
Discretionary Services described in Exhibit 1 to this
agreement. Specific Discretionary Services will be
decided upon on or before July 30, 1990.
3. The County will provide the City with information about
delinquent accounts.
4. The County will, in consultation with the City, prepare
additional agreements as necessary, addressing the
cooperative management and construction of any capital
improvement projects selected by the City as part of the
Discretionary Services.
5.
King County and Federal Way will enter into a separate
agreement for the cooperative management of the Hylebos
Basin Plan and to share the costs associated with the Plan.
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B. Federal Way
1. The City will provide the legal authority for this
agreement by passing legislation which will:
a. adopt the County's existing rate structure as
reflected in King County Code, Chapter 9.08,
b. authorize the County to collect surface water service
charges from City property owners,
c. permit the County to act as the City's agent for
service charge collection and providing drainage
services, and
d. allow the City to pay for the maintenance of road
drainage systems with service charge revenues if so
desired.
2. The decision to take action on service charge accounts
which become delinquent after the effective date of
incorporation will be the responsibility of the of the
City. The City will be responsible for any liens and
'"
.
foreclosures resulting from non-payment of surface water
management service charge after the effective date of
i ncorpora t i on.
3. Federal Way will work with the County's Surface Water
Management Division to establish the kind and level of
Discretionary Services the County will undertake on
behalf of the City. The parties agree the Discretionary
Service package will be resolved and become part of this
agreement on or before July 30, 1990.
4. The City will adopt such policies and procedures as are
required for delivery of the specific and agreed upon
Discretionary Services.
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v.
Financial Arrangements
A. Revenue Collection
:I
1. The County will collect and distribute revenue received
from properties within the City through the combined
5
Property Tax and Drainage Billing Statements.
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2. The County will hold revenues collected for the City in
7
a separate account and will disburse these revenues to
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the City on a monthly basis.
9
3. The City will pay the County a flat one percent (1%) of
all revenue collected by the County for the City under
10
11
the terms of this agreement. This charge will remain
12
unchanged for the duration of this agreement and will be
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,
d~ducted from the revenues collected on a monthly basis
by the County and forwarded to the City. This charge
is reflected in ~e cost of Base Services, Exhibit 2,
16
attached to this agreement.
17
B. Cost of Base Services
'.
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1. The cost for services shown in Exhibit 2 represents the
19
estimated annual cost for 1990 for each service. The
20
estimates account for the costs of direct services plus
21
an administrative overhead charge. In 1991, the cost of
22
services will be adjusted to reflect cost-of-living
23
adjustments and any other economic adjustments adopted by
24
King County in the 1991 Budget Process.
25
2. Differences between estimated expenditures for Base
26
Services and actual expenditures will result in an
27
adjustment to the funds available for Discretionary
28
Services in the succeeding year. If, for example, in
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1990, Base Services cost less than anticipated, the City
30
will have more funds available for Discretionary Services
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in the following year.
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(F/AI:ILp.5)
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C. Cost of Discretionary Services
1. The estimated costs for Discretionary Services are shown
in Exhibit 3 to this agreement.
2. In 1990, Discretionary Services will be negotiated between
the parties based on the difference between the proposed
allocation to Base Services as shown in Exhibit 2 and the
revenue from the Service Charge. Funds remaining will be
used to pay for Discretionary Services.
3. In 1991, the amount available for Discretionary Services
will be the result of reconciling the actual cost of
Base Services in 1990 with the estimated cost as presented
in Exhibit 2. The cost of Discretionary Services in 1991
is subject to the same economic adjustments as Base
Services; see Section V, B. I., above.
D. Bills and Payments
.
1. The County will prepare and present to the City quarterly
invoices showing the se\vices provided and the cost of
the services. The first invoice will cover the period
from March 1, 1990 to June 30, 1990; thereafter invoices
will reflect three months of activity.
2. The City will pay the County within 45 days after receipt
of the invoice.
VI. Administration
( F / A I : I LA5 )
A. The Manager of the King County Surface Water Management
Division and the City's Director of Public Works or his/her
respective designees, shall compose the administration and
management of this joint cooperative program to continue
drainage related services in the City. Provided that the
City Manager will take the place of the City's Director of
Public Works until the City fills this position.
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2811
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31
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e
B.
In the event the Division Manager and the Public Works
Director are unable to reach agreement on any issue related
to the provision of services under this agreement, issues
will be resolved by the Director of the King County
Department of Public Works and the City Manager of Federal
Way.
C. The County will retain control over and ma i nta i n all records,
supervision, rights and benefits of personnel providing
service to Federal Way under this agreement.
D. The parties to this agreement will observe all public bidding
procedures where applicable.
VII. Effectiveness and Duration
A. This agreement shall become effective on March 1, 1990 and
remain in effect until December 31, 1990. The City may
extend this agreement.until December 31, 1991 by submitting a
written request to the County no less than ninety days before
December 31, 1990.
..,
"
VIII. Amendments and Extension or Termination
(F/AI:ILA5)
A. This agreement may be amended, altered, clarified or extended
only by written agreement of the parties hereto.
B. The estimated costs and level of services as shown in
Exhibits 2 and 3 are accepted by the parties as representing
the best projections for service and cost available at the
time of this agreement.
1. Changes in services as shown in Exhibits 2 and 3 to
this agreement will be agreed to in writing by the
administrators of the cooperative program and the
signators to this agreement will be informed.
2. If the County must make changes in the level of services
and the corresponding costs of these services, other
than those discussed in Section V., the changes will be
reported to the City before adjusting the annual budget
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171
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23 Ii
2411
2:: ;1
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( F I A I : I LA5 )
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and new estimates will be negotiated between the
parties.
3. If the City wishes changes in level of services under
this agreement, it will inform the County in writing
and the parties will agree as to the timing and
accomplishment of said changes.
C. This agreement may be terminated by either party upon
provision of ninety days written notice to the other party.
In the event of termination by the City, the City will be
responsible for actual costs for services to the effective
date of termination.
1. Provided that: should the City wish termination of
revenue collection services, the City will notify the
County in writing no less than ninety d~ys before
Decem~er 31, 1990 or 1991, to terminate revenue collec-
IX.
tion services for the following year.
Hold Harmless and Indemnification
A.
In executing thio agreement, the County does not assume
liability or responsibility for or in any way release the
B.
I
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commenced, the City shall defend the same at its sole expense i
and if judgment is entered or damages are awarded against thel
City, the County, or both, the City shall satisfy the same,
I
including all chargeable costs and attorney's fees. I
The County sha 11 i ndemn ify and ho 1 d ha rml ess the City and its I
,
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against any and all claims, actions, suits, liability, loss, I
costs, expenses, and damages of any nature whatsoever, which I
are caused by or result from a negligent act or omission of I
I
I
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I
City from any liability or responsibility which arises in
whole or in part from the existence, validity, or effect of
city ordinance, rules or regulations.
In any such cause,
claim, suit, action, or administrative proceeding is
officers, agents, and employees, or any of them, from and
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( F / 1'.1 : I LAS)
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the County, its officers. agents. and employees in performing
services pursuant to this agreement.
In the event that any suit based upon such a claim. action,
loss. or damage is brought against the City or the City and
the County, the County shall defend the same at its sole cost
and expense; and if final judgment be rendered against the
City and its officers. agents, and employees or jointly
against the City and the County and their respective
officers, agents, and employees, the County shall satisfy the
same.
C. The City shall indemnify and hold harmless the County and its
officers, agents, and employees, or any of them, from and
against any and all claims, actions, suits, liability, loss,
costs, expenses, and damages of any nature whatsoever, which
are caused by or result from a negligent act or omi~sion of
the City, its officers, agents, and employees.
In the event that any suit based upon such a claim, action,
loss, or damage is brought against the County or the City and
the County, the City shall defend the same at its sole cost
and expense; and, if final judgment be rendered against the
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171:
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2311
24 il
2511
26 il
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27 Ii
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28 Ii
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II
II
II
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I' "
II
II
I
2
County and its officers, agents, and employees, or jointly
against the County and the City and their respective
3
officers, agents, and employees, the City shall satisfy the
4
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same.
5
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
6
the day and year first above mentioned.
7
8
Approved a
KING COUNTY:
\0~~J2<
King County Executive
9
10
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12
13
FEDERAL WAY:
14
?'/ /.
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" .~ ......--.
City Manager
/-::: / '
~/~? r~,.;";-~' /;
'---
City Attorney
Federal Way
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( F / A I : I LA5 )
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EXHIBIT 1
DESCRIPTION OF CONTRACT SERVICES
King County wi I I collect the service charge revenues for Federal Way and use the
revenue to finance two general categories of surface water services: base
services and discretionary services. Revenues wi I I first be al located to base
services, with remaining revenues al located to discretionary services.
Base services primarily focus on the continuation of existing projects or
activities, from King County's perspective, base services are the highest
priority to provide In Federal Way. Base services include the fol lowing:
o Planning: Completing the development of the Hylebos/Lower Puget Sound
Basin Plan.
o Maintenance: Continuing a program of routine and emergency maintenance
for drainage facl I Itles within the City.
o Regulation: Providing technical expertise for existing lawsuits, claims
for damage, and other regulatory actions.
o Financial Administration: Continuing the billing of SWM service charges
and collecting the revenues for the City.
o Public Involvement (Citizen Response): Providing technical expertise to
respond to the public Inquiries or complaln1s about drainage Issues.
After a portion of the revenues have been al located to fund the base services,
the ~Ity would have the opportunity of choosing from a wide variety of
discretionary services. Examples of discretionary services Include:
o Planning: Assisting the City In developing a surface water uti I fty
program, using the Draft Hylebos/Lower puget Sound Basin Plan as a basis
for projecting program needs and services.
o Capital Improvements: Designing and constructing capital facilities based
on urgent needs and as identified in the implementation section of the
Draft Hylebos/Lowr puget Sound Basin Plan (anticipated In December 1990).
o Maintenance: Providing maintenance to conveyance systems (e.g., pipes,
ditches, catch basins) located within the road right-of-way.
o Regulation: Enforcing City-adopted drainage regulatIons that fal J outside
of the land use and building permit process.
o Publ ic Involvement: Administering programs that use citizen volunteers
or community groups to protect streams and water quality (e.g., stream
clean-up activities, stream slgnage projects, storm drain stenciling
projects, and water qual ity monitoring programs).
f/Ai: ILA~EXl
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~::~:~::~:.~__:::::::_~::_::~~:::_::~:::. hlT' :," lhwlt (~.H: r[~H:, :/;/1;,
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m'rWl'! [SIl/,ll(
In ii" Ii lllt'"'f[ j Ii
f.irrli III hili
Sill, ~i!i"7I
itS[ S[HmS
1. PlIW~J~;
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1. ~11Wl!WAW:[
--1olml Orsiirrlill fltiJili!\
--1olml tOllrrtil1 fHilili.s
--I"inl,i, Orsii"li.1 fltilili.s
--UPlrli. hliipnliil f Itili lips
--I,dnlli, 510" flCilili.s
--larr!,ocI ~'IPOf<\'
Stblel:!
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--viii,,!! lmdll/tllil\
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--h. i "II! tOlflli',iI/in\~i r i!s
~. fm~:lh~ mmSli/.liuw
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o
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H,OOO
n,oor,
LS,oot,
!~, 00(>
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771, DOt'
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I,m,tot 1~,IOl /l[mls IYH; !L,llS 1t[0,,11 I!!l.
2/1.011 hum lIl,il,s lrlnlfrr 10 lill.
27 ,00(> Ass'1f Slllp cor,li..!\ Ie P'I I" lor rtll 1"IIt'1.
!!I,OOO 1,127,000 2,m,00C>
IlL,OOO
21,000
7\,000
!I,OOO
122,000
~, 000
21,000
~", 000
H,OO~
H,OOO
12,~Ot,
)1,OOt,
~n,otrCI
m.~Ot,
m,OH Im/ 01 ilPtrvim "'1m; Ol of 'ff I "1 lOlls.
U,OOO hum chuirl 7wln m~-!I fHilili'lj ml-II\ fHilili,l.
lll,OO~ ~mm ChHirl 7w17; mt'-llo jHililirlj ml.~11 lHililirl.
W,oot mHI llcilili'lj ml-lJ( fHilili,s,
m,ooo Gnr-lil! [OIl tol )1 Il[ililirs,
),Ooe, 12 lltililirs i, 1m l,1 Ufl.
I! ,000 AII"!I 10 ..trl'"'1 lli'l,..nn n"is.
m,OD(-
I,~oo
\,000 [nlinmin\ supsort 101 upHl dlnrll Inlilon7'
l\,OOO omlor, hilloritlJ lmll of Hlivill.
l! ,DOC, G,,-liH f.. clil ovrr lvc 7'HI; fr/ml I'I pin Ibod lvl e! lel.l.
11),00(- IS, IDe, 1[[0UI,1I H'C'; H,;)I Hc..nll 11\1; lis. intlu!!! II ..vpnu!
cellulior, ftr hI Ih! fir,lnCr Cffin.
11!,OH
!I! , oct
l,m,oot'
. knu'l ...,n,!\ Itt mil for 10 'Otths h l!H 101 Ii lor,lt.s iI, lIn,
- l(:, idJdie:'~~, tOS\$ .n ir.dllor{ if, rstiutes.
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, -
EXHIBIT 3
mW-l,~l !: FErtW m sm:er co~m:l
fri.t Ill. II.J..." Ifilt: Frmll 113m)
t!5 m lJO ~m S [r\' JC[ S
mo
NOJ[S/ASSU~P II O~S
lImmONAn smJC[s
III I
10lAl
1, PlANNJ~;
--Orliull Studi'l
--Utili 17 Prolrll Orvrlopmt
--Slr'lI 'I;i.;
SuHo1l1
2. ~~INmANtr
--h iDII Comllnt. S,slm
-.~IIPI ~UlJit, fHilitirs
--Imlmr Spill tlm Up
Subtotll
3. mUlUJON
--Nor;-pPllil E.forml.1 Aclio.s
(, PU!LIC IHVOlmm
--Collo.ilf Htior, ,r",ls, slrrll
th"-OF Hlivilils, ..I rrlll,I
vtiotlrrr pro,rlls
l. mmm mlHISmTlON
--En;ilmi.\ Supporl fer
NlW Attounts
.. WllALIr.?ROvmm
--~lior CIFilll Froiltls
--Stru. hslorllion froir:ls
--Sull-Stllr Orlir,lql Froiltls
SuHt~1l
IL,OOO 20,000 31,000 AllUm I 10111 of fin shli.s.
130,000 0 130,000 lml on to.pmbl. tost for Cit, of hk.ill.
3,000 3,000 1,000 ~o.ilor ..d uinllin 2 lilts.
IIV ,000 23,000 172,000
212,000 2V2,OOO m,ooo RrfPl 10 colr IftdPl 'Grnml Asmplio.s' bl101,
1,1'1,111 1\, of S1S111 (pipl I dilch) I I,m tllchblsins uinhintd ir, "0 I 'l:
21,000 I,OH 21,000 tity's cosl of Hdiml dispolllI.I ..t" Imtml.
[,000 2,000 H,OOO AllUm 20 mponll! plr YIH (lIthdin, IIuipmll.
301,000 301,000 m,ooo
21,000 lE,OOO 4\,000 iml o. hislori'hl mvitl Irvr1l,
13,000
IL,OOO
21,000 hs,d on tost of Ilisli., proqrll.
1,000
1,000
9,000 lrthr,itll sopport for opdlliol, Iliosh'l, lId in, rrn'OI ltcoor.h.
3,bOl,000
217 ,000
20,000
2,722,000
2ll ,000
20,000
1,320,000 H proirth it ftdml hy.
\31,~00 AI 007, I rllrrYlI for stm. rrstorllior.,
40,000 hoonl rrsrrYrI for sllll-stllt proirels.
3.m,00o
I,B01,000
TOTAl mCp.ETIONm m\'It[S <,<!L,OOO ~,m,ooo 7,711,000
1,919,000
.,J,'ERI.l I.SSUI.?IJONS
- Aml!s rmou,s Hi tosts io' 10 lor.ths it, Hit> 1.1 12 lor,ths it, lHl, .in Ihl Iltrplior, o( In-hid CorvoYIHI Srsllls tosts .t.ith It!
anti I mts for bo~1. 1990 HI li1L
. h. ir,flllior.H7 tests HI inriuIl1 it Istililts,
. h! lIir,lrr,lr.tl oi 1,.F.oll COrvt11W Systll! is I co.oorlnl oi \hI 'Slsic S!7vim' Gtscribtl in tbf Rolls ~ivisior; prooosll for tontrlt!
sfrviu! ir, Frclrll Ily. Hf Inr..i cosls HI lisltl IboY! to hi,hlilhl thl Cily's opporlotitl to PII for thm uinlrr,IHI cosls osinl
rrVtnOIS irol lh, SOdiC! IItlf sHvicl ctHq!.
. ,
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[):H:E~7 2 !::~~l~~
--
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.
11Il:HIW I (COlimUll): [[HilL W S[Hm COlilHtI
IPlIL mOC$ lAm PW cem
1m
1m
1m
Ifll
IPIIl
Acllll tOils
IDI,m
111,1\1 m
.H 116I,3Z1
froirelr( COI \1
m
W,W Illl,l\!
Ill,!1\ Im,lO
lollls 11)\,771 1111,m OIL,III
III ,I\( 1I11, (IE
1::::::::::: ::::::::::: :::::;:::.:: ::1:::::&,::: 111::::::1:::
mHAL m's tOSl SHAH
mo
Inl
10m
Proirrt.1 tosls
IW,m
Ill,SII Im,m
1 III
1 L3l
1m
Ir/ml "1 SI,HI i\ m
lO,m
33,m
)H,'OI
::::::::::: :::::====:: :=:::.::::::
11m' cosls meltS H lonl.s IIUl,\l3) 01 10llJ me ""il cosl d Oll,II.. ",
m~Ht mUl.nlUli;
. Irim! "1 or,11 I"rs lor sbm 01 Froirelri Flit mls i, 1m H/ I'll.
. Ititri! .ll fiT! m 01 HH 101 1m cosls blsrl On Ih! Ffltr,Il!! 01 i'Ftrviou
S,rlll! ritt,ir, In! lirJ'DOS ./Sir"
/
.....- ,
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.......... ""
.
. KING COur,TY
SURF _~ W~TER MAN~GEMENT
-
SERVICES CHARGES
'rhere are two types of service charges -- the flat rate and the sliding rate:
- The ~ rate service charge of $29.89 a year applies to single-family homes and
parcels with less than 10% Impervious surface.
- The sliding rate service charge applies to all other properties In the service
area. The sliding rate Is calculated by measuring the amount of Impervious
surface on each parcel. and multiplying the appropriate rate by the total parcel
acreage.
Several special rate categories wi I I automat leal Iy be assigned to those who Qual ify:
- An exemption for any home owned and occupied by a low-Income ~ clt Izen.
- A discount for any parcel served by a County-approved retention/detent Ion (R/D)
facility maintained by the owner.
- A discount for any parcel (or part of a parcel) officially designated as ~
~,
RATE TABLE
Rate Cate~lOry
..1-Resldent la I:
Single-Family Home
Percent Imperv I.ous Surface Annual Service Charpe
N/A S 29.89 (regardless of size)"
more than 0.' less than , O~~ S 29.89 (regardless of size)
", "
, o~, up to 20% S 60.83/acre....
more than 20%, up to 45% $126.01/acreu
more than 45%, up to 65% S243.33/acreu
more than 65%, up to 85'; S308.51/acre....
more than 85': , Up to 100% $404,10/acre....
..2-Very Light
..3-Llght
..4-Mo,der ate
liS-Moderately Heavy
"S-Heavy
$ii-Very Heavy
The maximu~ annual service charge for mobile home parks shall be $25.85 times the number of mobile
home spaces. (Per King Coun~y Ordinance 8626, ado~ted 8/22/85.)
In addition to the Charge per acre, there is also a processing charge of $3.82 per service charge bill.
R~TE ADJUSTMENTS
Any person receiving a bill may file a request for a service charge rate adjustment
with the Surface Water Management Division within three years of the bi I I ing date.
(Fi ling a request wi I I not extend the payment periOd, however.)
"
"
\
You should file a request If:
- the property acreage Is incorrect.
- the measured Impervious surface is Incorrect.
- the property Is charged a sliding fee when It should be a flat fee.
- the person or property qualifies for an exemption or discount.
- the property Is Wholly or in part outside the service area.
To obtain a Request for a Rate Adjustment form, please call 296-6519.
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