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HomeMy WebLinkAboutContractCAG-24-262 AGREEMENT ON TRANSFER OF WATER SERVICE BETWEEN THE CITY OF RENTON AND SKYWAY WATER AND SEWER DISTRICT THIS AGREEMENT is entered into this 25th day of September, 2024, by and between the CITY OF RENTON, a Washington municipal corporation, hereinafter referred to as "City" and SKYWAY WATER AND SEWER DISTRICT, a Washington municipal corporation, hereinafter referred to as "District", WHEREAS, the District and the City are the owners and operators of water systems in King County, Washington, and the District's corporate boundary overlaps and/or is adjacent to City's corporate boundary; and WHEREAS, the City currently provides water service by a 4-inch steel water main to the following three properties, hereinafter referred to as the "Properties", within unincorporated King County at the addresses listed below and as shown on Exhibit "A": 7844 South 130' Street (King County tax parcel # 2144800175) 7845 South 1301h Street (King County tax parcel # 2144800335) 7855 South 130`h Street (King County tax parcel # 2144800334); and WHEREAS, replacement of the City's 4-inch steel water main that serves the Properties is not cost-effective because the main is at the end of its useful life and has developed several leaks and breaks; and WHERERAS, replacement of the City's steel water main is not reasonable because the Properties are within the water service area of the District according to the latest update of the East King County Coordinated Water System Plan and the amended Skyway Coordinated Water System Plan; and WHEREAS, the District provides water service to other properties along South 130`h Street that are adjacent to the Properties and are also within its water service area through an existing 8-inch water main within South 1301h Street, and the District is ready, willing, and able to provide water service to the Properties through this water main; and WHEREAS, it would be in the best interest of the City, the District, and the Properties to transfer water service to the District; and the District is agreeable to providing water service to the Properties for domestic uses and for fire protection; and WHEREAS, the City and the District are authorized to enter into this Agreement pursuant to RCW 57.08.044; Page 1 TRANSFER OF WATER SERVICE NOW, THEREFORE, in consideration of the terms and conditions contained herein, the Parties mutually agree as follows: 1. The City shall transfer to the District and the District shall accept from the City the responsibility for the provision of water service to the Properties. 2. The City shall, at the City's sole cost and expense, install the three (3) new 1-inch water service lines with new 5/8-inch x 4-inch Sensus IPERL water meters per the District's standards including a 4-inch individual pressure -reducing valve behind each water meter and reconnect the existing private water service lines to the new water meters. The City shall coordinate the work with the District so the District can be present during the work. 3. The District shall obtain the right-of-way permit from King County and shall pay all applicable permit and inspections fees. The City shall re-imburse the District for all King County's permit and inspection fees in the total amount not to exceed $5,000. If needed, the City shall be responsible for getting the owner's written permission to enter and work on the private property (through a right -of -entry, license, temporary construction easement, or similar). The City shall restore the roadway to the County's standards, at the City's sole cost and expense. 4. The City shall pay the District for the Regional Water Capital Facility Charge for the new water meters serving the Properties according to the District's 2024 fee schedule, in an amount not to exceed $7,454_per water meter with a total of $22,362 for the 3 water meters. 5. The District shall waive the Local Water Capital Facility Charge for the new water meters serving the Properties. 6. The District shall not impose any new or additional connection charges on the Properties for the current uses and facilities on the Properties. 7. The parties agree that the City's transfer of the responsibility for the provision of water service to the Properties to the District does not constitute the assumption of any City assets, facilities, or indebtedness for the purpose of Chapter 36.93 RCW. The parties agree that the terms of this Agreement comply with service area requirements of and are consistent with the "Agreement for Establishing Water Utility Service Area Boundaries" in the Amended Skyway Coordinated Water System Plan authorized by Chapter 70.116 RCW 8. The parties shall transfer the responsibility for the provision of water service to the Properties from the City to the District no later than November 30, 2024; provided that in the event any party other than the City or the District challenges the transfer of the responsibility for provision of water service to the Properties , the transfer shall become effective upon any date provided by law or court order. Upon the effective date of the transfer, the Properties and the owners of the Properties shall be subject to all District resolutions, regulations, policies, and requirements regarding the provision of water service. The parties Page 2 TRANSFER OF WATER SERVICE agree that this transfer does not result in the change of corporate boundaries for either the City or the District. 9. The parties agree to execute any further agreements or documents required for such customer transfer. The City shall provide, at the City's expense, to the owners and any known residents of the Properties notice regarding the proposed transfer of water purveyor from the City to the District at least 45 days before the date of the transfer. Within the 45-day notice period, the District's Board of Commissioners shall provide an opportunity at a Board meeting for the owners and residents to comment on the transfer, and shall provide the date of the Board meeting to the City in advance of the City's notice of the transfer. The City shall include the date, time, and location of the Board meeting in the notice. The City shall provide copies of the notices to the District. 10. Each party shall approve this Agreement by appropriate resolution or ordinance and provide the other party with a copy of the same. This Agreement shall take effect upon its approval by the City Council and the District Board of Commissioners. Each party represents to the other that it has the full power and authority to enter into this Agreement. 11. Nothing herein shall be construed to alter the rights, responsibilities, liabilities, or obligations of either the City or the District regarding the provision of water or sewer services to the Properties or other properties, except as specifically set forth herein. 12. This Agreement contains the entire understanding between the City and District and supersedes any prior understandings and agreements between them with respect to the subject matter hereof. No amendment to or modification of this Agreement shall be valid or effective unless made in writing and executed by the parties. City of Renton Skyway Water and Sewer District By: By: Armondo Pavone Name: CynthizrLamothe Mayor Its: General Manager 9/25/2024 Date Date Page 3 TRANSFER OF WATER SERVICE Attest Jason A. Seth City Clerk Approved as to Legal Form / RENTo 0 RP''11ii Approved by Cheryl Beyer via memo 8/30/2024 Shane Moloney City Attorney CI6 8-30-24 31SG Page 4 TRANSFER OF WATER SERVICE Appro ')d as to Legal Form /4-0 Name: Rosenr y Larson District Legal Counsel City of Renton/ Skyway Water Services Transfer Notes Three water serivices to be transferred from CoR to Skyway Water and Sewer 0 128 0 64 128 Feet WGS_ t 9B4_Web_Mercator_Auxiliarv_Sphere Legend �.; City and County Boundary Addresses Parcels District Boundaries Bellow* ri+ghttne Issaquah Kent Mercer island Renton Control Valve Water Gravity Pipe Water Main ❑ Water Service Areas C- ty eI1 U11 Eric Ott- CoR- PW- Utility Engineer n s nav s , ;?•nested static thope art n inenr+t ay . 'I Site and t �f u• nhxwnca .r Q;a Faye 'nit nopalr h.r n np rtray nay not b* EOflRentonwa.gov Finance & IT Division 11/14/2017 THIS MAP IS NOT TO BE USED FOR NAVIGATION