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HomeMy WebLinkAboutORD 1879■ r•u Amended by Resolution No 'B2799 -V CJ G/1 M. - ORDINANCE NO.`•' 0 0 AN ORDINANCE OF the City of Renton, Washington authorizing the execution of a contract for sewage disposal with the Municipality of Metropolitan Seattle containing provision Z for reimbursement to the city for the use =s of certain city sewerage facilities. ua BE IT ORDAINED by the Mayor and City Council of the City of Renton as follows: Section 1. The Mayor and Clerk are hereby authorized a and directed on behalf of the City of Renton to enter into, execute and 4eliver a contract with the Municipality of Metropolitan Seattle which shall be substantially in the CY) form set forth in Exhibit "A" attached hereto and by this reference made a part hereof. Section 2. Said contract shall be executed in ten counterparts and shall bear the date of and be effective upon its execution by the Municipality of Metropolitan Seattle. Section 3. This ordinance shall take effect upon its passage and publication'in the manner provided by law. ADOPTED by the Council of the City of Renton at a regular meeting thereof this 1 z day of �U , 1961. ATTEST: Helmie Nelsen Acting City Clerk APPROVED AS TO FORM: Mayor Date of publication: April lq, 19b.1 without signature of Mayor Gerard M. Shellan, City Attorney V I, HMUNIM moi, Acting City Clerk of the City of Renton, Washington, DO HEMMY CERTIFY that the foregoing ordinance is a true and correct copy of Ordinance No. 1879 of said Cityf du3,y paseed by its Council and r at a regular meeting of said Council held on the �i� day of � 1961. Acting City Clerk s I, HMUNIM moi, Acting City Clerk of the City of Renton, Washington, DO HEMMY CERTIFY that the foregoing ordinance is a true and correct copy of Ordinance No. 1879 of said Cityf du3,y paseed by its Council and r at a regular meeting of said Council held on the �i� day of � 1961. Acting City Clerk ' +y I, HMUNIM moi, Acting City Clerk of the City of Renton, Washington, DO HEMMY CERTIFY that the foregoing ordinance is a true and correct copy of Ordinance No. 1879 of said Cityf du3,y paseed by its Council and r at a regular meeting of said Council held on the �i� day of � 1961. Acting City Clerk C,g 6 636-6 3 EXHIBIT A AGREEMENT FOR SEWAGE DISPOSAL THIS AGREEMENT made and executed this ay of �, , 1961, between the CITY OF RENTON, a municipal corp: ation of the State of Washington, herein- after referred to as the "City" and the MUNICIPALITY OF METROPOLITAN SEATTLE, a municipal corporation of the State of Washington, hereinafter referred to as "Metro," W I T N E S S E T Ha Thi O WHEREAS, the public health, welfare and safety of the residents of the City and the residents of the metro- politan area require the elimination of existing sources of (?1 water pollution and the preservation of the fresh and salt water resources of the area; and WHEREAS, growth of population, topographic con- ditions and preservation of water resources require that certain major sewage disposal works be constructed and operated and that the cities and special districts within the metropolitan area dispose of their sewage in accordance with a comprehensive plan for the metropolitan area; and WHEREAS, Metro was established by vote of the people in the metropolitan area pursuant to Chapter 35.58 RCW for the purpose of performing the function of metropolitan sewage disposal, has adopted a comprehensive plan for the . disposal of sewage from the metropolitan area and intends to develop the facilities needed to carry out such plan and to issue revenue bonds to finance such development; and EXHIBIT A a� WHEREAS, to carry out the purposes of Metro and perform its authorized function and to provide for the disposal of sew- age from the City into the metropolitan sewage disposal system it is necessary that a contract be now entered into establishing certain rights and duties of the -'parties incident thereto; NOW, THEREFORE, in consideration,of the mutual covenants contained herein, IT IS HEREBY AGREED as follows: Section 1. Definition of Terms. The following words and phrases used in this contract shall have the meanings here- inafter set forth in this section: (a) The words "Comprehensive Plan" shall mean the Compre- hensive Sewage Disposal Plan for the metropolitan area adopted in Resolution No. 23 of the Municipality T) of Metropolitan Seattle and as same may be hereafter ~ amended from time to time in the manner required by Cr'7 C=) law. N O') (b) The words "Metropolitan Sewerage System" shall mean all of the facilities to be constructed, acquired or used by Metro as a part of the Comprehensive Plan. The Metropolitan Sewerage System shall generally include sewage disposal facilities with capacity to receive sewage from natural drainage areas of approximately one thousand acres or more. The Metropolitan Sewerage System shall thus include trunk or interceptor sewer facilities extending to a point within each tributary, and natural drainage area, where not more than one thousand acres remain to be served beyond the upper terminus of such trunk or interceptor sewer. 2. Lr) O f`► O N M . � r s�' a (c) The words "Local Sewerage Facilities" shall mean all facilities owned or operated by the Participant for the local collection of sewage to be delivered to the Metropolitan Sewerage System. (d) The words "Metropolitan Area" shall mean the area con- tained within the boundaries of the Municipality of Metropolitan Seattle as now or hereafter constituted. (e) The word "Participant" shall mean each city, town, county, sewer district, municipal corporation, person, firm or private corporation which shall dispose of any portion of its sanitary sewage into the Metropolitan Sewerage System and shall have entered into a contract with Metro providing.for such disposal. (f) The words "Residential Customer" shall mean a single family residence billed by a Participant for sewerage charges. Section 2. Delivery and Acceptance of Sewage. From and after July 1, 1962, the City shall deliver to the Metropolitan Sewerage System all of the sewage and industrial wastes collected by it and Metro shall accept the sewage and wastes delivered for treatment subject to such reasonable rules and regulations as may be adopted from time to time by the Metropolitan Council. Metro shall not directly accept sewage or wastes from any person, firm, corporation or governmental agency which is located within the boundaries of or is delivering its sewage into the Local Sewerage Facilities of any Participant without the written consent of such Participant. Section 3. Construction of Facilities. Metro shall construct, acquire or otherwise secure the right to use all facili- ties required for the disposal of sewage delivered to Metro pur- suant to this Agreement and shall perform all services required for the maintenance, operation, -repair, replacement or improvement 0 f of the Metropolitan Sewerage System, including any additions and betterments thereto. Section 4. Connection of Local Sewerage Facilities to the Metropolitan Sewerage System. Local Sewerage Facilities of the City shall be connected to the Metropolitan Sewerage System at such time as any portion of the Metropolitan Sewerage System shall be available to receive sewage collected by such facilities. Metro shall, at its sole expense, connect those Local Sewerage Facilities of the City which are now in existence or which shall be constructed in accordance with the rules and regulations of Metro prior to the availability of the Metropolitan Sewerage System. Local Sewerage Facilities constructed after the Metropolitan Sewerage System shall have been made available L.l7 Oto the area served by such Local Sewerage Facilities shall be r" connected to the Metropolitan Sewerage System at the expense of C:�) the Participant in accordance with the rules and regulations of N E?? Metro. Section 5. Payment for Sewage Disposal. For the disposal of sewage collected by the City and delivered to Metro, the City shall pay to Metro on or before the last day of each month during the term of this agreement, commencing with the month of July, 1962, a sewage disposal charge determined as provided in this Section 5. 1. For the quarterly periods ending March 31, June 30, September 30 and December 31 of each year every Participant shall submit a written report to Metro setting forth (a) the number of Residential Customers billed by such Participant for local sewerage charges as of the last day of the quarter, (b) the total number of all customers billed by such Participant, as of such day and (c) the total water consumption during such Ey � y 1 of the Metropolitan Sewerage System, including any additions and betterments thereto. Section 4. Connection of Local Sewerage Facilities to the Metropolitan Sewerage System. Local Sewerage Facilities of the City shall be connected to the Metropolitan Sewerage System at such time as any portion of the Metropolitan Sewerage System shall be available to receive sewage collected by such facilities. Metro shall, at its sole expense, connect those Local Sewerage Facilities of the City which are now in existence or which shall be constructed in accordance with the rules and regulations of Metro prior to the availability of the Metropolitan Sewerage System. Local Sewerage Facilities constructed after the Metropolitan Sewerage System shall have been made available L.l7 Oto the area served by such Local Sewerage Facilities shall be r" connected to the Metropolitan Sewerage System at the expense of C:�) the Participant in accordance with the rules and regulations of N E?? Metro. Section 5. Payment for Sewage Disposal. For the disposal of sewage collected by the City and delivered to Metro, the City shall pay to Metro on or before the last day of each month during the term of this agreement, commencing with the month of July, 1962, a sewage disposal charge determined as provided in this Section 5. 1. For the quarterly periods ending March 31, June 30, September 30 and December 31 of each year every Participant shall submit a written report to Metro setting forth (a) the number of Residential Customers billed by such Participant for local sewerage charges as of the last day of the quarter, (b) the total number of all customers billed by such Participant, as of such day and (c) the total water consumption during such Ey quarter for all customers billed by such Participant other than Residential Customers. The quarterly water consumption report shall be taken from water meter records and may be adjusted to exclude water which does not enter the sanitary facilities of a customer. Where actual sewage flow from an individual customer is metered, the metered sewage flows shall be reported in lieu of adjusted water consumption. The total quarterly water con- sumption report in cubic feet shall be divided by 2,700 to determine the number of Residential Customer equivalents represented by each Participant's customers other than single family residences. The first report shall cover the quarterly period ending December 31, 1960 and shall be submitted on or before March 1, 1961. Succeeding reports shall be made for Q each quarterly period thereafter and shall be submitted within ►',-- thirty (30) days following the end of the quarter. Metro Oshall maintain a permanent record of the quarterly customer reports from each Participant. 2. To form a basis for determining the monthly sewage disposal charge to be paid by each Participant during any parti- cular quarterly period Metro shall ascertain the number of Residential Customers and Residential Customer equivalents of each Participant for each such quarterly period beginning with the July -September quarter of the year 1962. This determination shall be made by taking the sum of the actual number of Residential Customers reported as of the last day of the next to the last preceding quarter and the average number of Resi- dential Customer equivalents per quarter reported for the four quarters ending with said next to the last preceding quarter, adjusted to eliminate any Residential Customers or Residential Customer equivalents whose sewage is d-elivered to a governmental 5. r agency other than Metro or other than a Participant for -disposal outside of the Metropolitan Area. 3. For the period from July 1, 1962 to December 31, 1963, the monthly rate for each Residential Customer and Residential Customer equivalent of the City shall be Two dollars ($2.00) and the monthly sewage disposal charge to be paid by each Participant to Metro shall be obtained by multiplying the number of Residential Customers and Residential Customer equivalents of the Participant as determined in subparagraph 2 of this section by the monthly rate of Two dollars. 4. For each calendar year after the year 1963, the monthly sewage disposal charge payable to Metro shall be determined as follows: t- � a) Prior to July 1st of each year Metro shall ti C� determine its total monetary requirements for the disposal O C%J of sewage during the next succeeding calendar year. Such requirements shall include the cost of administration, operation, maintenance, repair and replacement of the Metropolitan Sewerage System, establishment and maintenance of necessary working capital and reserves, the requirements of any resolution providing for the issuance of revenue bonds of Metro to finance the acquisition, construction or use of sewerage facilities, plus not to exceed 1% of the foregoing requirements for general administrative overhead costs. b) To determine the monthly rate per Residential Customer or Residential Customer equivalent to be used during said next succeeding calendar year, the total mone- tary requirements for disposal of sewage as determined in subparagraph 4(a) of this section shall be divided by twelve and the resulting quotient shall be divided by the total number of Residential Customers and Residential Customer equivalents of all Participants ascertained in accordance with subparagraph 2 of this section for the Oct -ober -December quarter preceding said July 1st; provided, however, that the monthly rate shall not be less than Two dollars ($2.00) per month per Residential Customer or Residential Customer equivalent at any time during the period ending July 31, 1972. c) The monthly sewage disposal charge paid by each Participant to Metro shall be obtained by multiplying the monthly rate by the number of Residential Customers and Residential Customer equivalents of the Participant deter- mined as provided in Paragraph 2 of this section. An l.n additional charge may be made for sewage or wastes of Qunusual quality or composition requiring special treatment, �i--� or Metro may require pretreatment of such sewage or wastes. O N An additional charge may be made for quantities of storm or ground waters entering those Local Sewerage Facilities which are constructed after January 1, 1961 in excess of the mini- mum standard established by the general rules and regulations of Metro. 5. A statement of the amount of the monthly sewage disposal charge shall be submitted by Metro to each Participant on or before the first day of each month during the term of this agreement commencing with the month of July 1962 and payment of such charge shall be due on the last day of such month. If any charge or portion thereof due to Metro shall remain unpaid for fifteen days following its due date, the Participant shall be charged with and pay to Metro interest on the amount unpaid from its due date until paid at the rate of 6% per annum, and Metro may, upon failure to pay such amount, enforce payment by any remedy available at law or equity. 7. 6. The City irrevocably obligates and binds itself to pay its sewage disposal charge out of the gross revenues of, the combined water and sewerage system of the City. The City further binds itself to establish, maintain and collect rates and charges for water and for sewage disposal service which will at all times be sufficient to pay all costs of maintenance and operation of the combined water and sewerage system of the City, including the sewage disposal charge payable to Metro hereunder, and sufficient to pay the principal of and interest on any revenue bonds of the City which shall constitute a charge upon such gross revenue. It is recognized by Metro and the City that the sewage disposal charge paid by the City to Metro shall constitute an expense of In maintenance and operation of the combined water and sewerage M O system of the City. The City shall provide in the issuance of I,. -- (n Cn future water and sewer revenue bonds of the City that expenses O CV of maintenance and operation of the combined water and sewerage Q: system of the City shall be paid before payment of principal and interest of such bonds. It is further recognized that the City shall have the right to fix its own schedule of water and sewerage rates and charges, provided that same shall produce revenue sufficient to meet the covenants contained in this agreement. Section 6. Responsibility of Participant. Each Participant shall be responsible for the delivery to the Metropolitan Sewerage System of sewage collected by such Participant, for the construc- tion, maintenance and operation of Local Sewerage Facilities, and for the payment of all costs incident to the collection of such sewage and its delivery to the Metropolitan Sewerage System. Section 7. Records. Permanent books and records shall be kept by Metro of the rates established, the volumes of sewage delivered and discharged into the Metropolitan Sewerage System wherever such volumes are measured and the number of Residential customers and Residential Customer E-3 equivalents reported by each Participant, in addition to complete books of account showing all costs incurred in connection with the Metropolitan Sewerage System. Such records shall be maintained beginning with the commencement of operation of any part of the Metropolitan Sewerage System. Section B. Development of Metropolitan Sewerage System. It is contemplated that the Metropolitan Sewerage System will be developed in stages and the nature of facilities to be constructed, acquired or used and the time of such construction, acquisition or use shall be determined by Metro, it being contemplated that Metro shall ultimately provide sewage disposal service for the entire Metropolitan Area. Section 9. Use of Facilities Owned or Operated by the City. Effective July 1, 1962, or such earlier date as O ti may be mutually agreed upon (hereinafter called "takeover date"), CY7 CD Metro shall have the exclusive right to use and the duty to Q: maintain, operate, repair and replace the facilities owned by the City which are described in Exhibit "A" attached hereto and by this reference made a part hereof, subject to the continued availability of such facilities to receive, transport or treat sewage delivered by the City. From and after the takeover date Metro shall acquire, construct, maintain, operate, repair and replace all facilities now or hereafter required for the treatment and disposal of sewage delivered by the City and the City shall make payment for such treatment and disposal as provided in Section 5 of this Agreement. For the privilege of using the facilities described in Exhibit "A" Metro shall pay to the City the total amount of One hundred twenty-four thousand seven hundred sixty and'No/100 Dollars ($124,760.00)(hereinafter called "amount of reimbursement"). If the City shall construct improvements or additions to the 9N L equivalents reported by each Participant, in addition to complete books of account showing all costs incurred in connection with the Metropolitan Sewerage System. Such records shall be maintained beginning with the commencement of operation of any part of the Metropolitan Sewerage System. Section B. Development of Metropolitan Sewerage System. It is contemplated that the Metropolitan Sewerage System will be developed in stages and the nature of facilities to be constructed, acquired or used and the time of such construction, acquisition or use shall be determined by Metro, it being contemplated that Metro shall ultimately provide sewage disposal service for the entire Metropolitan Area. Section 9. Use of Facilities Owned or Operated by the City. Effective July 1, 1962, or such earlier date as O ti may be mutually agreed upon (hereinafter called "takeover date"), CY7 CD Metro shall have the exclusive right to use and the duty to Q: maintain, operate, repair and replace the facilities owned by the City which are described in Exhibit "A" attached hereto and by this reference made a part hereof, subject to the continued availability of such facilities to receive, transport or treat sewage delivered by the City. From and after the takeover date Metro shall acquire, construct, maintain, operate, repair and replace all facilities now or hereafter required for the treatment and disposal of sewage delivered by the City and the City shall make payment for such treatment and disposal as provided in Section 5 of this Agreement. For the privilege of using the facilities described in Exhibit "A" Metro shall pay to the City the total amount of One hundred twenty-four thousand seven hundred sixty and'No/100 Dollars ($124,760.00)(hereinafter called "amount of reimbursement"). If the City shall construct improvements or additions to the 9N 4 facilities described in Exhibit "A" with the approval of Metro after the date of this Agreement and prior to the take- over date, the City shall be reimbursed for the actual cost thereof in cash within thirty (30) days following the said takeover date in addition to the amount of reimbursement set forth above. The right of Metro to use facilities designated as "temporary" shall expire six months following the date of completion as determined by Metro of permanent metropolitan facilities adequate to replace such temporary facilities. The City shall continue to own the facilities described in this Section 9 and shall continue to pay the principal of and interest on any bonds issued to pay in whole or in part the cost of acquisition and construction of such 07 facilities, provided that facilities which are designated as O ti C� "permanent" shall be conveyed by the City to Metro by quit � claim deed upon payment of all presently outstanding revenue C7? bonds or general obligation bonds of the City secured by or issued to acquire or construct said facilities. The City shall give written notice to Metro prior to June 11, 1961, setting forth the manner in which the amount of reimbursement shall be paid. The City may elect to receive all or any portion of said amount in cash within thirty (30) days following the date of delivery of revenue bonds issued by Metro for the purpose of providing funds therefor and, in any event, not later than July 1, 1962 (hereinafter called "cash payment date") and may elect to receive any portion which is not paid on said cash payment date together with interest thereon at the rate of 4% per annum from said date, in the form of a credit against the City's monthly sewage disposal charge in equal monthly amounts sufficient to amortize such unpaid amount of reimbursement and interest thereon prior 10. to July 1, 1977. The City may at any time after the cash payment date elect to receive any unpaid portion of the amount of reimbursement in cash with interest at the rate of 4/ per annum to date of final payment by.giving written notice to Metro at least one year prior to the date such final payment, is to be made. Section 10. Insurance and Liability for Damages. Each Participant with a population of less than 100,000 shall secure and maintain with responsible insurers all such insurance as is customarily maintained with respect to sewerage systems of like character against loss of or damage to the respective l sewerage facilities of each and against public and other O liability to the extent that such insurance can be secured and 0 maintained at reasonable cost. Any liability incurred by Metro Cu as a result of the operation of the Metropolitan Sewerage System C?: shall be the sole liability of Metro and any liability incurred by the City as a result of the operation of the Local Sewerage Facilities of the City shall be the sole liability of the City. Section 11. Assignment. Neither of the parties hereto shall have the right to assign this Agreement or any of its rights and obligations hereunder nor to terminate its obligations hereunder by dissolution or otherwise without first securing the written consent of the other party and this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. In the event that the City should be dissolved, the local sewer facilities owned 'and operated by the City shall by such act of dissolution be assigned and transferred to Metro subject to any outstanding debts of the City incurred for the construction 11. 0 or acquisition of such facilities and subject to the obligation of Metro to continue to provide sewer service to the residents -- served by such local facilities upon payment of the reasonable costs thereof. Section 12. Effective Date and Term of Contract-. This Agreement shall be in full force and effect and binding upon the parties hereto upon the execution of the Agreement and shall continue in full force and effect for a period of fifty years unless prior to the takeover date Metro shall Ln 07 not have entered into a firm commitment for the sale of O ti revenue bonds to finance any portion of the Comprehensive M O Plan, then in'such event only, this Agreement shall be 0" terminated as of said date. Metro shall make every reason- able effort to secure such a commitment prior to said date. Section 13. Notice. Whenever in this Agreement notice is required to be given, the same shall be given by Registered Mail addressed to the respective parties at the following addresses: Municipality of Metropolitan Seattle 152 Denny Way Seattle 9, Washington City of Renton Renton, Washington unless a different address shall be hereafter designated in 12. writing by either of the parties. The date of giving such notice shall be deemed to be the date of mailing thereof. Billings for and payments of sewage disposal costs may be made by regular mail. Section 14. Execution of Documents. This Agreement shall be executed in ten counterparts, any of which shall be regarded for all purposes as one original. Each party agrees that it will execute any and all deeds, instruments, documents and resolutions or ordinances necessary to give effect to the terms of this Agreement. Section 15. Waiver. No waiver by either party Ln of any term or condition of this Agreement shall be deemed or Oconstrued as a waiver of any other term or condition, nor ti M shall a waiver of any breach be deemed to constitute a waiver O of any subsequent breach whether of the same or a different. provision of this Agreement. Section 16. Remedies. In addition to the remedies provided by law, this Agreement shall be specifically enforceable by either party. Section 17. Entirety. This Agreement merges and, supersedes all prior negotiations, representations and agree- ments between the parties hereto relating to the subject matter hereof and constitutes the entire contract between the parties concerning the disposal of sewage by the City and acceptance o,f such sewage by Metro for disposal. IN WITNESS WHEREOF, the parties hereto have executed 13. O M O this Agreement as of the day and year first above written. ATTEST: Helmie Nelsen Acting City Clerk CITY OF RENTON OF Frank Aliment Mayor MUNICIPALITY OF METROPOLITAN SEATTLE By C. Carey Donworth Chairman of the Council ATTEST: Maralyn Sullivan' Clerk of the Council 14. Ln C� C=) ti M O Com. M EN STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day of �� , 1961, before me personally appeared FRANK ALIMENT and HELMIE NUAN, to me known to be the Mayor and Acting City Clerk, respectively, of the City of Renton, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes there- in mentioned, and on oath stated that they were authorized to execute said in- strument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. V Nota Public in and for the State of Washington, residing at /c STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this Z day of /`�a , 1961, before me personally appeared C. CAREY DONWORTH and AARALYN SULLIVAN, to me known to be the Chairman of the Council and Clerk of the Council, respectively, of the Municipality of Metropolitan Seattle, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the S e of Washington, residing at Seattl