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HomeMy WebLinkAboutWTR2700515(1) W-515 Fire Protection Interties w/Cities Kent & Tukwila M-- BEGINNING OF FILE FILE TITLE �;515 At J401& I N T E R O F F I C E C 0 R R E S P 0 N D E N C C Data January 5, 1982 TO: Finance Department PROM: Ron Olsen, Utility Department SUBJECT: Please draft a check in the amount of $5,000 in favor of the Jack A. c for the Renton-Tukwila Water System I-.tertie. See the a tac ed Sit'l -Sale. This should be drawn from account numbs 415/000/15.534.32.64(00). -.i«/ '' k�� - -d J�icd w Ron Teen L ((� AA4 _ N T E R 0 F F I C 8 CORRESPONDENCE Date January 5. 1982 TO: Finance Department FROM: Ron ulsen, Utility Department SUBJECT: Please draft a check in the amount of $5,000 in favor of the Jack A. Benaroya Company for the Renton-Tukwila Water System Intertie. See the attached Bill-of-Sale 11iis should be drrwn from account number i5/000/15.534.32.64(00). Ron Olsen W•5�� RENTON/TUKWILA WATER SYSTEM INTERTIE BILL OF SAL' KNOW ALL MEN BY THESE PRESENTS, that for valuable consideration and as a donation (as more fully detailed below), JACK A. BENAROYA COMPANY, a Washington corporation ("Grantor"), does hereby grant, bargain, convey and sell to the City of Renton, a `:ing County, Washington, municipal corporation ("Grantee"), the improvements described on Exhibit A hereto, being an installed water system intertie with vault and appurtenances thereto, now located within an easement as recorded under King County Recording No. 7902020697, situated at 17200 West Valley Highway (Ralph Leber Company), such Easement being assigned to the City of Renton simultaneously herewith. To have and to hold the same for said Grantee, its successors and assigns, forever. Grantor covenants that it is the lawful )wner of said improvements, free o' any liens, encumbrances or claims, flat it has the right to sell the same. and that it will warrant and defend th, same against the lawful claims and demands of any person, and will pay any casts and reasonable atto�oey's fees incurred by Grantee arising from such cl, im or demand. This B.11 of Sale is given for the consideration of Five Thousand and j 00/100 Dollars ($5,000.00) to be paid by Grantee to Grantor. Grantor and Grantee acknowledge that the improvements and easement being transferred to Grantee have a value of not less than $54,269.21 , and the difference between such value and grantee's payment ($49,269.21) is a donation by Grantor to Grantee. DONE this 28th day of December, 1981. GRANTEE: CITY OF RENTON GRANTOR: JACK A. ROYA COMPANY y or y I is �* . .ttest: / City C erk STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this zgth day of _December _ 19 81, personally appeared Barbara Y. Shinpoch and before me Delores A. Mead to me known to be the Mayor and the City Clerk of the thhey were City of Rentor, who acknowledged to me that ahe-was authorized to sign the within and foregoing instrument on behalf of the City of Renton as its free and voluntary act and deed for the uses and purposes mentioned therein. NOTARN PD T nn aL�n the State Washington, residing at King County. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this _� day of 19&, personally appeared before me to me known to be the t► jj[,lt of Jack A. Benaroya Company, the corporation that executed the withi.. and foregoing instrument, and acknowledged to me that he was authorized to sign the same on behalf of the corporation as its free and voluntary act and deed for the uses and purposes mentioned therein. nJTAR�6� r inn-and#or the state� Washington, residing at _z. EXHIBIT A TO BILL OF SALE RENTON/TUKWILA WATER SYSTEM INTERTIE That certain existing water system intertie with vault and all appurtenances including meters, controls, gate valves, piping, and connections, all as shown in the Gardner Engineers, Inc. drawing dated November 9, 1978, Sheet 1 of 1 . Job 1379B. f 11 s 1s i�81 *'AV EN d Kia..; ASSIGNMENT OF EASEMENT RENTON/TUKWILA INTERFIE VAULT WHEREAS, Relco Investment Compar , a co-partnership ("Grantor"), granted an easement to Jack A. Benaroya Company, a Washington corporation ("Grantee"), for public utilities over certain real property, as described in the Easement recorded under King County Recording No. 7902020697, and WHEREAS, such Easement provides that Grantee shall have the right to assign the Easement to the City of Renton ("Assignee"), provided Assignee assumes the obligations of Grantee set forth in such Easement, and WHEREAS, Grantee desires to assign to Assignee, and Assignee is willing to accept, all rights and duties of Grantee under the Easement, NOW, THEREFORE, as of this 28th day of December, 1981, Grantee does hereby assign all of its rights and obligations under the Easement to Assignee. GRANTEE: ASSIGNEE: JA BENARO Y CITY OF RENTON B Its Its Mayor Attest: / City Clerk i F f' K L � I �- � R1981 WAWN 4 KELLOGG STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this �',, , —day of December, 1981 , personally appeared before me jo'r.L A —. eo , to me known to be the 6im{A of Jack A. 8enaroya Comp ny, the corporation that executed the within and foregoing instrument, and acknowledged to me that he was authorized to sign the same on behalf of the corporation as its free and voluntary act and deed for the uses and purposes mentioned therein. C use i L in an for the State of — Washington, residing at STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) Or, this 23cn day of December 1981 , personally Barbara Y. Shinpoch and appeared before me Mores A. Mead to me known to be the nryor and City Clerk of the City of Renton, who acknowledged to they were me that ire eras authorized to sign the within and foregoing instrument on behalf of the City of Renton as its free and voluntary act and deed for the uses and purposes mentioned therein. NOTARY— UBL Man or the State o Washington, residing at King county. 9. ,1 WAIhttN A I UL��,;u -2- C K, ol'Y ffe�A� F2rD EASEMENT THIS INSTRUMENT made this 23rd day of January, 1979, by and between RELCO INVESTMENT COMPANY, a co-partnership, herein°ter called 1\ "Grantor", and the JACK A. BENAROYA COMPANY, a Washington corporation, tT� its successors and assigns, hereinafter called "Grantee". WITNESSETH: a Grantor for and in consideration of the sum of $10.00 paid by (Y Grantee, and other valuable consideration, hereby grants, bargains, p sells, conveys and warrants to Grantee, its successors and assigns, S an easement for public utilities (including water) with necessary appurtenances, through, across and upon the following described pro- perty in King County, Washington, more particularly described as follows: Portion of Government Lot 7 in the southwest quarter of Section, 25, Township North, Fange 4 East, W.M. , in King County, Washington, described as follows: Beginning on the north line of said Government Lot 7 at a point 10 feet, measured perpendicularly, from the easterly margin of the West Valley Highway (SR 181) ; thence South 01039' 30" West parallel to said easterly margin a distance of 105.5 feet to the true point of beginning; thence continuing South 01039' 30" West a distance of 10 feet; thence mouth 88020'30" East a distance of 34 feet; thence North 01"39'30" East a distance of 30 feet; thence North 88"20' 30" Nest a distance of 12 feet; thence South 01039130" West a distance of 20 feet; thence North 88020'30" Nest a distance of 22 feet to the true point of beginning. Grantee, its successors or assigns, shall have the right, without prior institution of suit or proceeding at law, at such times as may be necessary to enter upon the above described property for the pur- pose of maintaining, repairing, altering or reconstructing saiel utility, or making any connections therewith without incurring any IS ( legal obligation or liability therefore; provided the maintaining, I❑ 1���� 1% MISE TAX NOT fhii0g Ca Recc .' n ; ' � J8 i881 WARREN repairing, altering or reconstructing shall be accomplished in such a manner that the private improvements existing in the right-of-way shall not be disturbed or damaged, or in the event they are disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by Grantee. In the event Grantor shall find it necessary to relocate the intertie vault constructed upon the easement right-of-way, the cost of said relocation shall be shared equally between Grantor and Grantee. If, upon such relocation, any portion of the vault or the water lines connected thereto are located outside the above-described property, then this easement shall expire, and Grantor shall forthwith execute and deliver to Grantee or to its assignee a new easement in the similar form hereto, describing the new location of the vault and its connected lines. Grantor retains the right to fully use and enjoy the above-des- cribed property, including the right to use the surface of said right- of-way if such use does not interfere with maintenance of the utility lines. Grantor shall. not erect buildings or like structures over, under or across the riqht-of-way during the existence of such utility, except as provided in the last paragraph above. Grantor expressly agrees that Grantee shall have the right to assign this easement to the City of Renton. a Municipal Corporation of King County, Washington, so long as the obligations of Grantee herein are assumed by the said City of Renton. This easement is a covenant running with the land and shall be binding on the Grantor, its successors and assiqns. Grantor covenants that it is the lawful owner of the above described property and has good and lawful right to execute this agreement. REl, 0 ,IN� STT, CNY By V Pa r n.Artner Bal Partner STATE OF WASHINGTON ) By _- COUNTY OF n I N G ) ss• Partner This is to certify that on this 21rd day of January, AD, 1979, before me nersonally appeared Lewis Leber, Lois E. htyre, Ralph T. Leber and Bruce Leber to me known to be t e individual-s described in and who execute the within instrument and acknowledgcTto me that lniey signed and sealed the same as their [ree and voluntary act and deed for the uses and purposes therein mentioned. NOTAI<V PLT1=C in and for the state of Washington ,residing at ;_t _ W AHKLN d KlLLQ0Q WEST VALLEY HIGHWAY 8.S-'•x,cn7T 7b City of - Renton. 12" tl i tH;s, -fit _-�� T�+..�T++T-.aV-1 l'�.(• 90° Bends 'ry Connect . to . exist.. 8" Gota Valve ".1-8":90' B a n d M J. , � C • r r� r � ,5rya�'. C\��' .. G��' n\fin , i � ', 4 ,. � � .. � '• 3'Sg 6 Oro; ( -;, 3 I-8, Tee, FL.o m . �- 8. Gate Vol% s, MJ x FL a ` �rl - 0 Adaptor, ;AJ. .5a,:� f e E C'I-aw�iw :ta' 'a, Q �ChamScr /tom rm Z 1 8 T .;)irg sleeve & valve NI _ J4,5 Bends for: vert. le!•se'y„� -,r H e r. A d j u s t m e n t , So' "i E , St. 8" sprinkler meter I. E ER ' IN. CO. BLDG. � . oW S i � . �`.. _.^. . .. . .. ... .,.... .. ,.L ;.•w-,. .1:...i..�LIfl aC. . III • , ',��! 2 '» •' • cAG 079-78 AGREEMENT THIS AGREEMENT entered into this 7th day of January 1980 by and between the CITY OF RENTON, hereinafter referred to as "Renton" and the CITY OF KENT, hereinafter referred to as "Kent". WHEREAS Municipal Corporations are given the power to contract under RCW 39.34 for cooperative services, and WHEREAS it is necessary for Kent and Renton to enter into this Agreement to provide emergency water flow and water supply primarily for emergency fire protection, NOW THEREFORE, IN CONSIDERATION of the mutual benefits conveyed hereby do agree as follows: 1 1. Both parties agree to cooperate in the construction of a water flow intertie system uniting the water supplies of the City of Renton and the City of Kent at a point on the S.W. 43rd Street (S. 180th Street). 2. The intertie system will be constructed by the City of Renton at the City of Renton's expense and ownership of said facility shall remain with the City of Renton. The City of Renton hereby agrees to operate and maintain said facility. 3. Both parties agree to permit the intertie system to remain open at all times except in cases of emergency, and then to close the facility only as long as the emergency dictates that the closure remain. If a closure is necessary the closing party agrees to notify the other party's Fire Department and Water Department immediately upon said closure. 4. Both parties agree that the rate to be charged for water used under this Agreement will be at the rate of $0.27 per 100 cubic feet of water used. Billing for said charge shall be made in the normal course of business and paid by the other party promptly upon receipt of the invoice. Failure to pay for water utilized under this Agreement or for use for other than emergency purposes, unless otherwise agreed upon, shall be grounds for termination of this Agreement. 5. Either party may cancel this Agreement for material breach of its terms by written notice served upon the other party at least twenty (20) days prior to the proposed termination date. If the breaching party removes the breach and performs under terms of this Agreement before the termination date, the Agreement shall remain in full force and effect. However, if the breach is not removed and continues, then the Agreement shall be null and void in all respects except for the obligatic�i to make payments as defined for water used prior to the termination date. CITY OF KENT CITY OF By a t— +! yor By � �� j��� By "t`� I;ity Clark Approved as to form: awrence J. Warren, city Attorney for City of Renton (� v ' r. it Mirk,Don ty Attorney for City of Kent A L �} CA"79-78 ;i A G R E E M E N T THIS AGREEMENT entered into this 18th day c.f December 1978, by and between the CITY OF RENTON, hereinafter referred to as "Renton" and the CITY CF TUKWILA, hereinafter referred to as "Tukwila". WHEREAS Municipal Corporations are given the power to contract under RCW 39.34 for cooperative services, and WHEREAS its necessary for Tukwila and Renton to enter into this Agreement to provide a water intertie system, and WHEREAS it is mutually beneficial to both parties to enter i into this Agreement to provide emergency water flow and water supply primarily for emergency fire protection, NOW THEREFORE, IN CONSIDERATION of the mutual benefits conveyed hereby e do agree as follows: 1. Both partiea agree to cooperate in the construction of a water flow intertie system uniting the water supplies of the , City of Renton and the City of Tukwile at a point on the West Valley Aighway. 2. The intertie system will he constructed by the City of Renton at the City of Renton's expense and ownership of said facility shall remain with the City of Renton. The City of Renton hereby agrees to operate and maintain said facility. 3. Both parties: ar.ree to permit the ir.certie system to remain open at all times except in case, of emergency, and then to t close the facility only a�; long, as the emergency dictates that the closure remain. If a closure is necessary the closing party agrees to notify the other party',, Fire Department and Water Department immediately upon nail closure. ,. _l_ 4. Both parties agree that the rate to be charged for water ,,sed under this Agreement will be at the rate of Eight Dollars ($8. 00) per month fire protection service charge plus $0.33 per 100 cubic feet of war.�r used. Billing for said charge shall be made in the normal course of business and paid by the other party promptly upon receipt of the invoice. Failure to pay for water utilized under this Agreement or for use for ether than emergency purposes, unless otherwise agreed upon, shall be grounds for termination of this Agreement. 5. Either party may cancel this Agreement for material � breach of its terms by written notice served upon the other party at least twenty (20) days prior to the proposed termination date. If the breaching party removes the breach and performs under terms of this Agreement before the termination Cate, the Agreement shall remain in full force and effect. However, if the breach is not removed and aontinues, then the Agreement shall be null and void in all respects except for the obligation to make payments as defined for water used prior to the termination date. y CITY OF ''UKWILA CITY OF RENTON ���4 Mayor L� Mayor By � _ G ity ez<k City erl k „d Apprr( ad as to orm: C' wrence i Za ren,- La ty Attt Iey for City of enton y Attorney for City of Tukwila A G R E E M E N T THIS AGREEMENT entered into this day of J 1978, by and between the CITY Or RENTON, hereinafter referred to i i as "Renton" and the CITY OF TUKWILA, hereinafter referred to as "Tukwila". WHEREAS Municipal Corporations are given the power to contract under RCW 39.34 for cooperative services, and WHEREAS its necessary for Tukwila and Renton to enter into this Agreement to provide a water intertie system, and WHEREAS it is mutually beneficial to both parties to enter into this Agreement to provide emergency water flow and water supply primarily for emergency fire protection, NOW THEREFORE, IN CONSIDERATION of the mutual benefits conveyed herby do agree as follows: 1. Both parties agree to cooperate in the construction of a water flow intertie system uniting the water supplies of the City of Renton and the City of Tukwila at a point on the West Valley a Highway. 2. The intertie system will be constructed by the City of Renton at the City of Renton's expense and ownership of said facility shall remain with the City of Renton. The City of Renton hereby agrees to operate and maintain said facility. 3. Both parties agree to permit the intertie system to remain open at all times except in cases of emergency, and then to close the facility only as long as the emergency dictates that the closure remain. If a closure is necessary the closing party agrees to notify the other party's Fire Department and Water Department immediately upon said closure. -l- 4. Both parties agree that the rate to be charged for water used under this Agreement will be at the rate of Eight Dollars ($6.00) per month fire protection service charge plus $0.33 per 100 cubic feet of water used. Billing for said charge shall be made in the normal course of business and paid by the other party promptly upon receipt of the invoice. Failure to pay for water utilized under this Agreement or for use for other than emergency purposes, unless otherwije agreed upon, shall be grounds for termination of this Agreement. S. Either party may cancel this Agreement for material breach of its terms by written notice served upon the other party at least twenty (20) days prior to the proposed termination date. If the breaching party removes the breach and performs under terms of this Agreement before the termination date, the Agreement shall remain in full force and effect. However, if the breach is not removed and continues, then the Agreement shall be null and void in all respects except for the obligation to make payments as defined i for water used prior to the termination date. CITY OF TUKWILA CITY OF RENTON BY BY Mayor Mayor By By_, City Clerk City Clerk Approved as to form: Lawrence J. arren, ity Attorney for City of Renton City Attorney for City of Tukwila COUNCIL ACTION - '+f f1NL yxl,p, n AN wlF IIIY W11[W llQ/g9d CITY of TUKWI WASHINGTON ORDINANCE NO. AN ORDINANCE AMENDING THE 1978 BUDbET AS ADOPTED BY ORDINANCE NO. 1045 IN ORDER TO APPROPRIATE UNANTICIPATED REVENUE FROM GRANTS. WHEREAS, the King County Council has authorized the City of Tukwila $58,321 to make improvements to the Tukwila/Southgate Community Center, and; WHEREAS, Title V funds to purchase capital equipment for a senior citizen program in the amount of $4,000 has also been authorized. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DOES ORDAIN AS FOLLOWS: Section 1. The 1978 annual budget of the City of Tukwila, as adopted by or ina3 nce number 1045, is hereby amended to include the following: Revenue 000/333.30.30 Southgate Block Grant $58,321. 000/333.30.40 Southgate Title V 4,000. 000/343.10.00 Playground Fees 1,000. \ $63,321. i Expenditures I 015/533.20.2x Operating Supplies $ 2,821 . 015/533.20.91 Professional *vices 6,000. 015/533.2 .64 Equipment 19,500. 015/5331*65 Improvements 35,000, $63,321 Section 2. No monies shall be sJCITYF ten authorization has been received by the City from the approp Y f10ASSED BY THE CITY COUNCIL OF THLA, WASHINGTON, at a regular meeting this .day of^^� 1978, 1 i V ,1 Mayor ATTEST: Approved as to form: City Clerk Deputy City Attorney COUNCIL CTI • w�tnm. yiF Y.(Ya 11+; IIfY X f 5M 9�5 CITY OF TUKW1Lt,C_1_ WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE AN INTERTIE AGREEMENT WITH THE CITY OF RENTON. WHEREAS, the City of Renton has requested the City of Tukwila to consider a water system intertie on the hest Valley Highway, and WHEREAS, an intertie between the two facilities would be beneficial to both parties for emergency use. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DOES RESOLVE AS FOLLOWS: 1 The Mayor is hereby authorized to negotiate and execute an intertie Anreement with the City of Renton for a connection on West Valley Highway. Said Intertie Agreement to include the following: 1. The reciprocal rate will be $8.00 per month fire protection service charge with $0.33 per 100 cublic feet charge for water used. 2. Both the cost of installing the intertie and the annual maintenance costs will be borne by the City of Renton. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of 1978. Mayor ATTEST: City Clerk Approved as to Form: Deputy City Attorney W-51T O��J�VJIDA 4\ City of Tukwila i 6200 Southcenter Boulevard w o Tukwila, Washington 98188 rape . Public Works Department 433-1850 September 18, 1900 Mr. Warren C. Gonnason Public Works Director City of Renton 200 Mill Avenue S. Renton, WA 98055 Re: Tukwila/Renton Water System Intertie Dear Mr. Gonnason: We have reviewed your letter of August 26, 1980 which inquired whether the City of Tukwila would be interested in participating with Renton to purchase a water intertie facility from the developer. Our technical review concludes that cur single pressure zone system would not be benefitted by this intertie. Tukwila's water pressure is substantially higher than Renton's pressure; therefore, the probability of Tukwila drawing water from this intertie for our emergency purposes is very remote. yyee t Sincerely, 7 c 'Z tilt C" Wed M. Uomoto Public Works Director TMU/jm $' cc: Mayor Todd Public Works Committee OF RE PUBLIC WORKS DEPARTMENT WARREN C. GONNASON, P.E. • DIRECTOR p ' MUNICIPAL BUILDING 2D0 MILL AVE.SO. RENTON.WASH.9OD65 9 pQ'e� SEPZE� 206 235-2569,TFO MAYOR BARBARA Y. SHINPOCH August 26, 1980 Honorable Frank Todd, Mayor Members of the City Council City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Subject: Tukwila-Renton Emergency Fire Protection Water System Intertie Dear Mayor and Council Members: The Jack Benaroya Co. installed an intertie between ,'Ie City of Rentoi, and the City of Tukwila when they were constructing their a facilities in Renton. This intertie is no longer required for their fire protection by the City. They have offered to sell this facility to Renton and Tukwila for the sum of $38,000.00. The City of Renton would like to know if the City of Tukwila would participate in offering the Benaroya Co. $10,000 for this facility. The City of Renton sees some benefit in this intertie for mutual emergency water system support. If the City of Tukwila is interested in keeping this intertie, please contact this office. vary truly J i Warren C. Connason. Y.E. Public Worts Director RLO:ad f 1 w- OF •, R OU tipOFFICE OF THE CITY ATTORNEY * RENTON,WASHINGTOI, :�� _ POST OFFICE OOw 6]6 100 2-d"EkM1 k•WtOIFIL • MXTON.WwSFI Y TO 9WIS 211-•U• � LAW RENCE I.WARREN, a*r wn onwsr DANIEL KELLOGG, wsasTwnT ert.wT*o•ne O QO�,TPD SEP�E�O�PIt, June 3, 1980 TO: Tom Trimm, Council President Members of City Council FROM: Lawrence J. Warren, City Attorney Dear Mr. Trimm: By Memo dated May 22, 1980, I. communicated with the Cite concerning the need forthe Council to decide whether or not the City should purchase water inter-ties owned by the Benaroya Company which are being used by the Cities of Yent, Tukwila and Renton. Likewise, the question of the amount to be paid for those inter-ties was referred to the Council. It is absolutely imperative that the Council act on this matter in the near future. The Benaroya Company requw:ed that the City buy those inter-ties for the sum of $92,000.00 Subsequent conversations have revealed that the City can buy the inter-ties between Renton and Tukwila for the sum of $37 ,621.00. Kent has agreed to buy the inter-ties between Bent and Renton for $54,000.00. However, if we do not act soon Benorayi is going to attempt to charge interest on those inter-ties at the prevailing rate for money since the inter-ties were put in. This may amount to almost as much as the principal amount request( !. That may raise the price from $37 ,000.00 to over $70,000. If those inter-ties are necessary, the City would then be forced to condemn the inter-ties or meet Benaroya's price. I would respectively request that this matter be referred to either the Committee of the Whole or to the Public Safety or Community Services Committees for the earliest possible action. Unfortunately, this matter languished for quite sometime in the Utilities Committee and then was referred to my office for action without any specific request. I have been working as much as possible on this and now find quick response necessary If you have any questions, please feel free to contact me. Lawrence J. Warren LJW:nd CC: Mayor W. Gonnason Joel Benolicl OF RE+ Z OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON Dow. _ 1p•1•RIL<•W•i• 10• fM NKN1!•Y•dFfi • RN1W.WYWC1•N N•4• )•i•••�• na LAWRENCE L WARREN, oir MTm V DANIEL KBLLOGrG • VMT GrV•+t• V 09 0 SEPT June 3, 1980 TO: Tom Trimm, Council President Members of City Council FROM: Lawrence J. Warren, City Attorney Dear Mr. Trimm: By Memo dated .lay 22, 1980, I communicated with the City concerning the need forthe Council to decide whether or not the City should purchase water inter-ties owned by the Benaroya Company which are being used by the Cities of lent, Tukwila and Renton. Likewise, the question of the amount to be paid for those inter-ties was referred to the Council. It is absolutely imperative that the Council act on this matter in the near future. The Benaroya Company requested that the City buy those inter-ties for the sum of $92,000.00 Subsequent conversations have revealed that the City can buy the inter-ties between Renton and Tukwila for the sum of $37,621.30. Kent has agreed to buy the inter-ties between Kent and Renton for $54,000.00. However, if we do not act soon Benoraya is going to attempt to charge interest on those inter-ties at the prevailing rate for money since the inter-ties were put in. This may amount to almost as much as the principal amount requested. That may raise the price from $37 ,000.00 to over $70,000. If those inter-ties are necessary, the City would then be forced to condemn the inter-ties or meet Benaroya's price. I would respectively request that this matter be referred to either the Committee of the Whole or to the Public Safety or Community Services Committees for the earliest possible action. Unfortunately, this matter languished for quite sometime in the Utilities Committee and then was referred to my office for action without any specific request. I have been working as much as possible on this and now find quick response necessary If you have any questions, please feel free to contact me. Lawrence J. Warren LJW:nd cc: Mayor W, Gonnason Joel BeueIieI OFiT j 1 !2 ZTOFFFIC�,.QF THE CITY ATTORNEY• RENTON,WASHINGTON ,•y'ii L.., Z ! • L S„„.G{/09TE fKE ROM fill 100 2n0 AYENUE pWIO,NG • RENTON.AASN�NGTO 90055 2S5-66)4 np .A `� LAWRENCE J WARREN, urY ATTORNEY DANIEL KELLOGG, enr wrtowNe. fle b. P 9TFp SePtEK•ey May 22, 1980 T0: Charles Shine, Chairman, Utilities Committee Richard Stredicke, Member Utilities Committee Robert Hughes, Member Utilities Committee i FROM: Lawrence J. Warren, City Attorney Gentlemen: Your Committee referred the topic of the City purchase of the Benaroya water interties to me for review ar.d report Although there was no speci, ic discusE: on as to ;he scope of Iry review, I understand the review to be for the purpose of determining whether or not the City had title to those interties and if not, is it advisable for the City to attempt to purchase those interties. A review of the history of the interties would seem to ine7cate that the title to those interties remained with the Benar x, Comu:.ny. The interties were required strictly for fire f at the Benaroya Company so that the could get early occ, icy of their building. The ultimate fire flow protection ,. provided by LID 302 which came at a later date. Ther4_orc , it is my opinion that the City has no title to these intertien. With respect to the second question, it would appc ,r advisab . e for the City tc obtain the interties, if an acce, e,_ble price can be negotiated. The present asking price w c, + d apl.aar to be too high for the City to purchase thi interti Two things should be done: First, if the C y deter . ines that the interties should be purchased, negotiations shoi:_d be undertaken with Benaroya to lower the purchase price. Second, since the Cities of Tukwila and Kent are benefited by the intertien, the City, through its administator, shoul, approach these two Cities for participation in the purch., ,e. I would think it advisable for the matter to be discussed by the City Council and direction given to the Mayor's office as to how to proceed. Should you have any further questions, please feel free to contact me. Lawrence J. Warren LJW:nd cc: Mayor Council President W. Gonnason OF ..[ � Vyj 1i i '! 1_ �4Y 27198p x OFFICX.9F THE CITY ATTORNEY* RENTON,WASHINGTOIJ � Z u L 041�O4"ICC oa a]a 100 t.a•VE.ue}U1L01.G • ftlT ..ruSgxwTOF 9a09} t>9-00> p9 LAWRENCE 1.WARREN, ca,eno..av DANIEL KELLOGG, �sss�•�.' crtr.'T .1" PW 9TEU SeptEN'0� May 22, 1980 TO: Charles Shane, Chairman, Utilities Committee Richard Stredicke, Member Utilities Committee Robert Hughes, Member Utilities Committee FROM: Lawrence J. Warren, City Attorney Gentlemen: Your Committee referred the topic of tl-e City purchase of the Benaroya water interties to me for review and report Although there was no specific discuse ,on as to :.he scope of review, I understand the review to be for the purpose of determining whether or not the City had title to those interties and if not, is it advisable for the City to attempt to purchase those interties. A review of the history of the interties would seem to ine- -ate that the title to those interties remained with the Benar .? Coco: ny. The interties were requi. d strictly for fire i at tae Benaroya Company so that the could get early occi, cy of their building. The ultimate fire flow protection provided by LID 302 which came at a later date. Ther,. .or, , it is my opinion that the City has no title to these interties. With respect to the second question, it would app, -,r advisai _fo:r the City tr obtain the interties, if an accc ble )rice car: be negotial. d. The present asking p ice w c . ap; .:ar to be too high for the City to purchase th ;nterti �,o things should be done: First, if the C . � deter ties that the interties should be purchased, negotiati,,ns shoi. .J be undertaken with Benaroya to lower the purchase price. Second, since the Cities of Tukwila and Kent are benefi}_;•d by the interties, the City, through its administator, shoul approach these two Ci i.es for participation in the purch ::e. I would think it advisable for the matter to be discussed by the City Council and direction given to the Mayor's office as to how to proceed. Should you have any further questions, please feel free to contact me. Lawrence J. Warren LJW:nd cc: Mayor Council. President W. Gonuason ` I N T E R O F F I C E C 0 R R ESP 0 N D E N C E Date May 12, 1980 TO+ Lawrence J. Warren, City Attorney FROM; Warren Gonnason, Public Works Director sua.7ECr: Your Memo to Ron Olsen, Dating March 24, 19RO, and the Benaroya Company Installed Water System Interties. The following is a sequence and explanation of how the interties were installed. Benaroyas development and fire flows for Buildings 41 , 02, and 03 were originally designed to be supplied by the Lind Avenue water main extension. Due to the delay in their construction temporary fire protection water was required. One alternative was the construction of interties between the cities of Kent and Tukwila to supply temporary fire protection until such time that L'nd Avenue would supply the primary protection. Due to the time commitments Benaroya and with Boeing for delivery, it was decided that the interties were the best source of fire protection. Benaroya then requested the City to make agreements with the cities of Kent and Tukwila for the interites. It was understood that their interties would be metered and be of a permanent nature and that they would require maintenance. Like any metered service these were to have been turned over to the City for maintenance. The City as a general rule does not charge for water used in fighting a fire or fire hydrant flushing and maintenance but in fact the City has paid the cities of Kent and Tukwila for water useage registered on said meters. Agreements for said interties were aquired from Kent and Tukwila. These agreements required that no cost would be assessed against either Kent or Tukwila and that the City of Renton would therefore own and maintain said facilities. Benaroya then requested that the costs for these interties be included in the LID 302 because they were of a general benefit to the entire 'industrial area. The Public Works Department supported this request to the City Council , but the City council denied the request for inclusion in the L.I.D. It should also be noted that these interties were to be for emergency fire protection only and that the intertie agreements allowed the Cities to close and cancel said interties with 20 days notice. Therefore, in the calcu'ations of fire flows in the industrial areas these interties were excluded from having any value. This theory of value of the interties is somewhat substantiated by the value of the Kent intertie. In the winter, Kent 'n the past has had plenty of water available but in the summer months Renton has had to supply emergency water to them to keep water in their reservoirs. If you have any further questions on the above, please contact this office. RLO:ckd Warreh-1:--.-U6nnason OF RE O OrFICE OF THE CITY ATTORNEY* REN7'ON,WASHINGTON U _ >osr OFFICE w+aaa ioo 21a.vcnuc euaoinc • •Enrpv.w+s«mc*an swss o» •ar• n $ LAWRENCE I WARREN. 61Y.rroenav DANIEL KELLOGG, .r.OIIM1E' OP, p March 24, 1980 �"ITEo sEploW TO: Ron Olson, Utilities Division FROM: Lawrence J. Warren, City Attorney Dear Ron: As you probably know, Benaroya Company has requested that the City either reimburse them for eertain water interties required by the City or, alternatively, thev will remove them and use the parts elsewhere. My understanding of the situation was that the City required the interties on an interim basis until LID 302 is completed. LID 302 provided the necessary water flow for fire protection. That was the purpose that had previously been served by the interties. Therefore, the interties, with respect to Benaroya Company are superfluous. On the other hand, the interties are necessary to allow water to flow between Renton-Kent and Tukwila and will serve the benefit to those communities. We cannot require the Benaroya Company to dedicate those interties to the City. Therefore, our only alternative is to buy them from Benaroya Company. Could you please analyze the above statement of facts and tell me if you have any disagreements with them. I would like a quick response as this matter was unnecessarily delayed for quite some time in the U 'lities Committee. Lawrence air en LJW:nd CC: Mayor Council President • Renton City Council 3/17/80 Page 2 Consent Agenda - Continued Consent Agenda MOVED BY TRIMM, SECOND SHANE, ADOPT THE CONSENT AGENDA AS Adnpted SHOWN. CARRIED. Recess MOVED BY REED, SECOND SHANE, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. 8:30 P.M. Council reconvened at 8:35 P M. All Council Members present at Roll call. CORPESPONDENCE Purchase of Letter from Pacific Real Search, Inc. , 1415 Western Ave. , City Property Seattle, reported a client had retained their services to locate a parcel of industrial property on or near a Burlington Northern or Union Pacific railroad and asked to be contacted by the City if interested in selling City property to their client. MOVED BY STREDICKE, SECOND ROCKHILL, REFER MATTER TO THE PUBLIC WORKS DRECTOR FOR RECOMMENDATION. CARRIED. Added Items Letter from Esther Rudell and family, 3401 NE 17th P1. , expressed thanks for rehabilitation work done on her home, as well as Thanks for smoky detector by the fire Department. Police Praise Letter from Ray Gervais, 506 Windsor P1. NE, praised the services of the Renton Police Department for prompt answer to calls and home watch when resident out of town. OLD BUSINESS Committee of Council President Trimm presented Committee of the Whole the Whole report re the position classification study and made following Sa p-; Study recommendations: (1) Adoption of the internal alignment classi- fication structure prepared by the consultant; (2) Implementa- tion of the classification plan with the consultant's recommended salary structure (Alternative 1 , Schedule 2) effective 6/l/80; (3) Referral of written appeals received by Council to the Ways and Means Committee for consideration. MOVED BY SHANE, SECO N T— RAPPROVE REPORT OF COMMITTEE OF THE WHOLE. CARRIED. Utilities Utilities Committee report recommended the request of the T(Tn ee Jack A. Benaroya Company 12/17/79 re referred to the City Attor- Water System ney for recommendation. Benaroya offered the City transfer interties - of ownership of interties to the City for $45,000 located at Benaroya Co. Renton/Kent at SW 43rd Street and Lind SW; Renton/Tukwila at West Valley Highway. Interties were installed 8/78 at cost of $91 ,621 and reported these water system interties would provide general benefit to City. MOVED BY TRIMM, SECOND SHANE, APPROVE COMMITTEE REPORT. CARRIED. Ways and Means Ways and Means Committee Acting Chairman Stredicke presented Committee Report -ecommendation for concurrence in the Mayor's appointment of Appointment to Karen Lunder to the Municipal Arts Commission to complete the Municipal Arts term of Lloyd Meeks who has resigned term effective through Commission 12/31/81. MOVED BY STREDICKE, SECOND ROCKHILL, CONCUR IN REPORT. CARRIED. Street Repair Councilman Stredicke reported complaint of Mr. Pickle regarding and Crossings constant tearing up of City streets by the Telephone Company and others; noting discussion with the Public Works Department. MOVED BY STREDICKE, SECOND SHANE, SUBJECT OF STREET REPAIR AND CROSSINGS BE REFERRED TO THE TRANSPORTATIUN COMMITTEE FOR STUDY AND REPORT. CARRIED. Trans rtotion Transportation Committee Chairman Trim submitted report recom- Aviation mending that the Council 1pprove assignment of leases for security aZ;mmittee as requested by Jack and Geraldine Volkel for Aero-Dyne. The Aero-Dyne Leases report authorized tht Ma or and Cit Clerk to sign the document. Security MOVED BY TRIMM, SECOND REED, APPROVE HE REPORT. CARRIED. Renton Aviation The Committee report recommended approval for Renton Aviation Hangar Lease six month lease extension, txpired 1/31/80 $300 !,er month plus Leasehold Tax. The report r-commended Council authorize the Mayor and City Clerk to sign addendum to Lease No. 004-79, same terms an condiiions as original lease. MOVED TRIMM, SECOND STREDICKE, CONCUR IN REPORT. CARRIED. RENTON CITY COUNCIL March 17, 1980 Regular Meeting Monday , 8 :00 P.M. Municipal Building M Council Chambers I N U T E S CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the Renton City Council to order. ROLL CALL OF THOMAS W. TRIMM, Council President; JOHN W. REED, RICHARD M. COUNCIL STREDICKE, RANDALL ROCKHILL. MOVED BY TRIMM, SECOND REED, EXCUSE ABSENT COUNCILMEN CHARLES F. SHANE, ROBERT HUGHES AND EARL CLYMER; Clymer and Hughes attending National League of Cities Conference in Washington, D.C. Shane arrived at 8:07 p.m. CITY OFFICIALS BARBARA Y. SHINPOCH, Mayor; DEL MEAD, City Clerk; LAWRENCE WARREN, City Attorney; GORDON Y. ERICKSEN, Planning Director; JAMES BOURASA, Police Department . PRESS GRFG ANDERSON, Rer.on Record Chro,icle. MINUTE APPROVAL MOVED BY TRIMM, SECOND STREDICKE, ADOPT THE MINUTES OF MARCH 10, 1980. Councilman Stredicke noted Page 2, Paragraph 6, referral of Block Grant programs to the Ways and Means Committee is unnecessary, transfer not required. MOTION CARRIED. AUDIENCE COMMENT Blanch, Karinen, 1205 Shelton Ave. SE, requested Agenda Item Paull 's Maplewood 5.d. be discussed. MOVED ROCKHILL, SECOND STREDICKE, CONCUR. Addition CARRIED. Petition bearing signatures of 65 City residents Stop Light requested installation of traffic signal at intersection of Request Maple Valley Highway and 131st Ave. SE, which is located east Maple Valley Hwy, of the railroad underpass. The petition explained dangers of the intersection for entering Maple Valley Hwy either to travel west or to turn left into IJISt from Maple Valley Hwy. Mrs. Karinen explained that a petition bearing 371 signatures has been forwarded to the State and includes residents of both City and County living in the area ,and subject to the dangerous traffic situation. Chuck Charbouneau, 3909 SE llth, used wall map prepared by City Engineering Div sion and explained problem area, that City residents must go into County to reach homes in the City. Ann Taylor, 15002 130rh SE, explained dangerous intersection. Rich Watson, 1005 Shelton SE; George Crow, 13110 SE 151st St. and Midge Miller, 3909 SE llth St. , asked Council assistance for stop light. MOVED BY STREDICKE, SECOND SHANE, REFER MATTER TO THE TRANSPORTATION COMMITTEE AND ADMINISTRATION TO MEET WITH STATE A6ID AF EC En RESIDENCES TO SOLVE PR BLEM. CARRIED. CONSENT AGENDA The following items are adopted by one motion which follows the business matters included: Boad of Ethics Letter from Mayor Shinpoch reappointed Rev. Robert Lester to Appointment the Board of Ethics for four-year term effective through 12/31/83 representing the Renton Ministerial Assoc. Refer to the Ways and Means Committee. Board of Ethics Letter from Mayor Shinpoch reappointed Donald Jacobson to the Appointment Board of Ethics through 12/31/93 representing King County Labor Council. Refer to frays and Means Committee. Tractor Letter from the Park. Department requested transfer of funds Replacement in amount of $5,902. :8 for purchase of tractor, replacement to reduce vehicle repair costs. Refer to Ways and Means Committee. Park Three bids were received at 3/5/80 bid opening for concession Concessions stands at the City parks. Refer to Park Board. Tabulation attached. Valley Letter from the Finance Director requested a resolution to transfer Communication $9,292 for increasre In payment to Valley Communication Center for Center total expenditure required of $121 , 374 as to Ways and Means Committee for resolution. Rentort's share. Refer OF Rpm PUBLIC WORKS DEPARTMENT _ WARREN C. GONNASON, P.E. • DIRECTOR >8 MUNICIPAL BUILDING 200 MILL AVE,SO. RENTON,WASH.9d055 P m 206 235 .'569 P 091PED SEPIto CHARLES J. DELAURENTI MAYOR January 10, 19" City of Lent 220 South Lth Kent, WA 98031 Attention: Ms. Marie Jensen, City Clerk Subject: Interties between Renton and Kent Agreement - CAG 079-78 Dear Ms. Jensen: Enclosed herewith is a fully-executed copy of the above- captioned document for your files. Very truly- yoyPs, i Warren C. Gonnason, P.E. Public Works Director WCG:jt Enclosure INTEROFFICE CORRESPONDENCE Date 1/10/80 TO: Jean Truman, Public k'nrks FROM: Delores A. Mead, City Clerk SUBJECT: CAC 079-78 Interties with Kent & Tukwila __________________________________________________________________ U We return herewith fully executed document (s) , as above-captioned, copy of which we have retained for our official public records. Copy should be forwarded to Kent and the other for your file. Pursuant to your memo of we return herewith document (s) , as above-captioned, which have been signed by City Officials and need to be forwarded for further execution by Please file a fully executed copy with the City Clerk's office for our permanent records when received. Thank you. DAM,/jh6/dh cc: - �... CAC 079-78 A 6 R E E M E N T THIS AGRLEMENT entered into this 7th day of -' inuary 1980 by and between the CITY OF RENTON, hereinafter referred to as "Renton" and the CITY OF KENT, h� einafter referred to as "Kent". WHEREAS Municipal Corporations are given the powe, to contract. under RCW 39.34 for cooperative services, and WHEREAS it is necessary for Kent and Renton to enter into this Agreement to provide emergency water flow and water supply primarily for emergency fire protection, NOW IHEREFOU, IN CONSIDERATION of the mutual benefits conveyed hereby do agree as follows: 1. Both parties agree to cooperate in the construction of a water flow intertie system uniting the water supplies of the City of Renton an( the City of Kent at a point on the S.W. 43rd Street (S. 180th Street). 2. The intertie system will be constructed by the City of R nton at the City of Renton's expense and ownership of said facility shall remain with the r City of Renton. The City of Renton hereby agrees to operate and maintain said facility. 3. Both parties agree to pe,mit the intertie system to rema n open at all times except in cases of emergency, and then to close the facility only as long as the emergency dictates that the closure remain. If a closure is necessary the closing party agrees to notify the other party's Fire Department and Water Department immediately upon said closure. 4. Both parties agree that the rate to be charged for water used under this Agreement will be at the rate of $0.27 per 100 cubic feet of water used. Billing for said charge shall be made in the nonal course of business and paid by the other party promptly upon receipt of the invoice. Failure to pay for water utilized under this Agreement or for use for other than emergency purposes, unless otherwise agreed upon, shall be grounds for termination of this Agreement. 5. Either party may cancel this Agreement for mat.,rial breach of its terms by written notice served upon the other party at least twenty (20) days prior to the proposed termination date. if the breaching party removes the breach and performs under terms of this Agreement before the termination date, the Agreement shall remain in full force and effect. However, if the breach is not removed and continues, then the Agreement shall be null and void in all respects except for the obligation to make payments as defined for water used prior to the termination au Le. CITY OF KENT CITY OF--R,*TeN By By By City Clerk pity Clerg f S Approved as to forni: l,awrenc—e—J.—War , City Attorney for _C,itty of Renton \• (EN Don Mirk, City Attorney for City of Kent Januo.y 2, 1979 Ron Olsen Renton Engineering Department Renton City Hall Renton, WA Dear Ron: I am not very pleased with the progress being made on the valve pit for the intertie between the Renton and Tukwila water systems. Last September you were in a great hurry to get the system in- stalled by October 1 so Boeing could occupy some new buildings built by Benaroya. All sorts of promises were made about the prompt and neat instal- lation of an unobtrusive device that would benefit all. Here it is January 2 and the thing still isn't finished and the crap is still laying about. You, Ron, are the person who negotiated the deal so I would like you to see that the following is accomplished in the next several weeks. Ralph Leber I. System intertie pipes (the 4" risers) to be lowered a foot Company,lph be so as to be less obtrusive. I'm sure the fireman can make a hookup if the connections are 24" high as well as 36". P.O.Box 88700 Tukwila, Washington 98188 The intertie pipes should be installed in a neat and workman- 206-226-7800 like manner. Tho present pipes are not plumb, perpendicular or f parallel and look sloppy. beanie Pomend 9erkmey Ltis Mpelw 2. The power service shall be. moved out of the planting bed. Power can be obtained from us and a meter installed inside the building, or if you want your own separate supply, the meter should be placed in a less obtrusive place. It is too low to be a buzzard perch and too tall to be a gophers backscratcher. 3. The water meters were buried by Archer during construction. Renton Water found one and raised the cover, Archertr boys dug down and uncovered the other but left the hole. I guess it's Ron's job to see that the other meter cover gets raised. 4. The landscaping could yet finished any time. A neat railroad tie facing and reinstallation of the heather will do. I surmize that some very old pipe was found during the excavation. We have no use for this and would appreciate its removal, along with the broken bolt ring and other debris. I 5, I would like a set of plans or a sketch or something to show the Rating Bureau to see if we can yet a reduction in the fire insurance. Nc big deal - the back of an envelope will be fine. Anything! Ron Olsen Renton Engineering Department January 2, 1979 Page 2 To Recap: 1. Intertie pipes lcaer and made more workmanlike. 2. Electric service in accessible but less obtrusive place. 3. Meter covers raised to proper level. 4. Landscaping completed and job site cleaned up. 5. Schematic drawing furnished to Bruce. So that's it, Ron. I'm placing this charge in your sensitive and caring hands. Thank you and Happy New Year. Sincerejy yours, Bruct Leber RALPH LEBER COMPANY, INC. BL.sc i /- 7- 82 ld-5iS h to ENDING OF FILE