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HomeMy WebLinkAbout95-004-SEW-001 Interlocal Agreement RESOLUTION NO. 1357 A RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT BETWEEN CITY OF ANACORTES AND THE SWINOMISH TRIBAL COMMUNITY REGARDING THE FIDALGO ISLAND URBAN UTILITY SYSTEM WHEREAS, certain industrially zoned property outside the Swinomish Indian Reservation is within the City of Anacortes' Urban Growth Area (UGA), as proposed by the City and accepted on an interim basis by Skagit County; WHEREAS, the Swinomish Indian Reservation (Reservation) is adjacent to this UGA and development on this Reservation equates to the pattern to be found in a UGA; WHEREAS, the City and the Swinomish Tribal Community (Swinomish) currently are cooperating to provide water service to the Reservation and to Marches Point outside the Reservation pursuant to a Coordinated Water System Plan; WHEREAS, the City and the Swinomish have recognized their respective responsibility to work towards the provision of a full range of adequate urban utility services to Marches Point and adjacent areas on the Reservation; VVIIEREAS, the City and the Swinomish desire to enter into an agreement for the continuation of reliable public water systems and the establishment of adequate sewer and stormwater systems within Marches Point and adjacent areas on the Reservation; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anacortes as follows: 1. The Mayor and City Clerk are hereby authorized and directed to execute that certain Agreement by and between the City of Anacortes and Swinomish Tribal Community regarding the provision of adequate urban utility services to Marches Point and areas designated by the Tribe on the Swinomish Indian Reservation, a copy of which is attached hereto and by this reference made a part hereof. 2. Said Agreement is in all respects ratified and approved. PASSED AND APPROVED this 1st day of May • , 1995. CITY OF ANACORTES, WASHINGTON By: 14/ H. Dean Maxwell, ayor ATTEST: — Geor taian, ity Clerk RESOLUTION NO. 1 5--3 A RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT BETWEEN CITY OF ANACORTES AND THE SWINOMISH TRIBAL COMMUNITY REGARDING THE IFIDALGO ISLAND URBAN UTILITY SYSTEM WHEREAS, The Swinomish Indian Senate is the duly elected governing body of the Swinomish Indian Tribal Community, a federally recognized Indian Tribe organized pursuant to section sixteen of the Indian Reorganization Act of 1934, 25 U.S.C., Section 476, occupying an Indian Reservation located within Skagit County, Washington, and WHEREAS, the City of Anacortes and the Swinomish Tribal Community (Tribe) currently are cooperating to provide water service to the Reservation pursuant to a Coordinated Water System Plan; WHEREAS, the Tribe and the City each recognizes the authority of the Tribe to work towards the provision of a full range of adequate urban utility services within the exterior boundaries of the Swinomish Indian Reservation. WHEREAS, the City and the Tribe desire to enter into an agreement for the continuation of reliable public water systems cooperation and to jointly explore the feasibility to establish adequate sewer and stormwater systems serving areas designated by the Tribe on the Reservation; WHEREAS, : NOW THEREFORE, BE IT RESOLVED by the Swinomish Indian Senate, that the Chairman of the Swinomish Indian Senate is hereby authorized and directed to execute that certain Agreement by and between the City of Anacortes and Swinomish Tribal Community regarding the provision of adequate urban utility services to Marches Point and areas designated by the Tribe on the Swinomish Indian Reservation, a copy of which is attached hereto and by this reference made apart hereof. WA-WALTON Robert Joe, Sr., Chairman Swinomish Indian Senate CERTIFICATION As Secretary of the Swinomish Indian Senate, I hereby certify that the foregoing resolution was approved at a Regular Meeting of the Swinomish Indian Senate held on March 7, 1995, at which time a quorum was present and the resolution was passed by a vote of 10 FOR, Q AGAINST, and ri ABSTENTION . Lydi Grossglass, Secretary Swinomish Indian Senate RESOLUTION NO. 1357 A RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT BETWEEN CITY OF ANACORTES AND THE SWINOMISH TRIBAL COMMUNITY REGARDING THE FIDALGO ISLAND URBAN UTILITY SYSTEM WHEREAS, certain industrially zoned property outside the Swinomish Indian Reservation is within the City of Anacortes' Urban Growth Area (UGA), as proposed by the City and accepted on an interim basis by Skagit County; WHEREAS, the Swinomish Indian Reservation (Reservation) is adjacent to this UGA and development on this Reservation equates to the pattern to be found in a UGA; WHEREAS, the City and the Swinomish Tribal Community (Swinomish) currently are cooperating to provide water service to the Reservation and to Marches Point outside the Reservation pursuant to a Coordinated Water System Plan; VVBEREAS, the City and the Swinomish have recognized their respective responsibility to work towards the provision of a full range of adequate urban utility services to Marches Point and adjacent areas on the Reservation; WHEREAS, the City and the Swinomish desire to enter into an agreement for the continuation of reliable public water systems and the establishment of adequate sewer and stormwater systems within Marches Point and adjacent areas on the Reservation; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Anacortes as follows: 1. The Mayor and City Clerk are hereby authorized and directed to execute that certain Agreement by and between the City of Anacortes and Swinomish Tribal Community regarding the provision of adequate urban utility services to Marches Point and areas designated by the Tribe on the Swinomish Indian Reservation, a copy of which is attached hereto and by this reference made a part hereof. 2. Said Agreement is in all respects ratified and approved. PASSED AND APPROVED this 1st day of May , 1995. CITY OF ANACORTES, WASHINGTON By: H. Dean Maxwell, ayor ATTEST: Geor itaian, ity Clerk RESOLUTION NO. [ 5-3 - 19 A RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT BETWEEN CITY OF ANACORTES AND THE SWINOMISH TRIBAL COMMUNITY REGARDING THE FIDALGO ISLAND URBAN UTILITY SYSTEM WHEREAS, The Swinomish Indian Senate is the duly elected governing body of the Swinomish Indian Tribal Community, a federally recognized Indian Tribe organized pursuant to section sixteen of the Indian Reorganization Act of 1934, 25 U.S.C., Section 476, occupying an Indian Reservation located within Skagit County, Washington, and WHEREAS, the City of Anacortes and the Swinomish Tribal Community (Tribe) currently are cooperating to provide water service to the Reservation pursuant to a Coordinated Water System PIan; WHEREAS, the Tribe and the City each recognizes the authority of the Tribe to work towards the provision of a full range of adequate urban utility services within the exterior boundaries of the Swinomish Indian Reservation. WHEREAS, the City and the Tribe desire to enter into an agreement for the continuation of reliable public water systems cooperation and to jointly explore the feasibility to establish adequate sewer and stormwater systems serving areas designated by the Tribe on the Reservation; WHEREAS, : NOW THEREFORE, BE IT RESOLVED by the Swinomish Indian Senate, that the Chairman of the Swinomish Indian Senate is hereby authorized and directed to execute that certain Agreement by and between the City of Anacortes and Swinomish Tribal Community regarding the provision of adequate urban utility services to Marches Point and areas designated by the Tribe on the Swinomish Indian Reservation, a copy of which is attached hereto and by this reference made apart hereof. • WA-WALTON Robert Joe, Sr., Chairman Swinortiish Indian Senate CERTIFICATION As Secretary of the Swinomish Indian Senate, I hereby certify that the foregoing resolution was approved at a Regular Meeting of the Swinomish Indian Senate held on March 7, 1995, at which time a quorum was present and the resolution was passed by a vote of © FOR, Q AGAINST, and ABSTENTION . Lydi Grossglass, Secretary Swinomish Indian Senate CITY OF ANACORTES AND SWINOMISH TRIBAL COMMUNITY AGREEMENT REGARDING THE FIDALGO ISLAND URBAN UTILITY SYSTEM THIS AGREEMENT is entered into by the City of Anacortes (City) and the Swinomish Indian Tribal Community (the Tribe) for the continuation of reliable public water systems and the consideration of establishing cooperative sewer and stormwater systems within Marches Point and adjacent areas designated by the Tribe on the Swinomish Indian Reservation (Reservation). Section 1. RECITALS 1.1 The City and the Tribe are parties to a Water Supply Agreement dated April 1989, and last amended April 1, 1994 (Supply Agreement). The Supply Agreement provides, in part, for: 1.1.1 Connection of the public water systems of the City and the Tribe. 1.1.2 Supply of water by the City to the Tribe for use throughout the the Tribe's existing service area; 1.1.3 Rates and charges for service by the City to the Tribe; and 1.1.4 Other matters affecting the rights and responsibilities in operation and maintenance of the City and the Tribe's water supply systems. 1.2 An adequate and safe water supply for Fidalgo Island is necessary to current and future residents and vital to the comprehensive plans Of the City and the Tribe. 1.3 The State of Washington (State), County, tribes, and public water purveyors have participated in the past preparation, maintenance and revision of the Coordinated Water System Plan (CWSP) for Fidalgo Island. The initial CWSP was prepared in 1985, and was revised in 1993 for the entire County. The CWSP is a management plan and program under Chapter 70.116 RCW and Chapter 246-293 WAC, and the Tribe has voluntarily participated therein. 1.4 Cooperative development, operation and maintenance of waterworks and facilities minimizes costs and is in the best interest of the residents of Fidalgo Island. 1.5 The CWSP identifies current and future needs of tribes and local governments in Skagit County and the process for establishing a cooperative regional water supply system. 1.6 The City and the Tribe have the necessary facilities, as identified in the CWSP, with the capability to meet public water supply needs of Fidalgo Island. However, there is a need to plan for additional water supply. The City and the Tribe have maintained interties between their systems prior to and after January 1, 1991. Further interties to facilitate development of the regional water supply system may be necessary in the future. 1.7 The City and the Tribe acknowledge their collective need to coordinate land use water supply planning. 1.8 The City and the Tribe recognize the benefits of a regional water system that allows the conjunctive use of surface and groundwater and better manages and protects the area's water resources. 1.9 The City and the Tribe also recognize their respective need to provide a full range of urban utility services to designated urban areas at Marches Point and adjacent areas on the Reservation. 1.10 Provision of a full range of urban utility services includes the establishment of adequate sewer and stormwater systems as well as the continuation of reliable public water systems. Section 2. INTENT 2.1 It is the intent of the parties to cooperate in the development of additional water, wastewater, and stormwater facilities that would form a Fidalgo Island Urban Utility System. The City and the Tribe will work cooperatively in the development of additional or expanded utility systems for Fidalgo Island. Absent further agreement, the City and the Tribe will maintain present service areas, and their customers will continue to enjoy the present level of supply and service. 2.2 This Agreement provides a framework for development of each new joint facility. Each joint facility not specifically addressed by this Agreement shall be addressed by amendment to this Agreement. The specific intent of this Agreement is to make provisions for a standardized method to expand the Fidalgo Island Urban Utility System to meet urban utility needs, comply with each jurisdiction's land use policy, and to establish a basis for agreement between the City and the Tribe for financing, ownership, construction and operation of new joint facilities required for the Fidalgo Island Urban Utility System. Section 3. FIDALGO ISLAND URBAN UTILITY SYSTEM 3.1 "Facilities" shall mean those designated intake, treatment, pumping, storage, transmission and distribution plants or systems within the City and the Tribe's utility system as specifically identified in this Agreement, or amendments hereto. 3.2 Additional Facilities. Projected needs will be identified by both parties based on the party's designated service areas. As five or more years may be needed to bring major new capabilities on-line, five-year and ten-year forecasts are required and must be updated whenever either party becomes aware of any significant change in the forecast demand. These will be discussed jointly as they arise and are reviewed at a semiannual meeting between the City and the Tribe. Planning for additional facilities should commence, unless otherwise agreed to in writing no later than the date at which any party's demand reaches 85 percent of that party's capacity rights or when the five-year forecast exceeds the capacity. A schedule acceptable to both will be agreed upon to provide sufficient lead time for construction and expansion of the required facilities, and be incorporated as part of the necessary amendment to this Agreement. 3.3 Quality. The objective of the parties is to maintain water quality at or above the quality required for the City to meet State or Federal standards and for the the Tribe to meet applicable Tribal and Federal standards. The City and the Tribe staff will meet periodically to exchange information and to help ensure that water quality and operational issues are addressed. The results of these meetings will be reviewed at a semiannual meeting. 3.4 Financing. Financing plans for specific projects are to be addressed by amendments to this Agreement, or by separate agreement of the parties to the project. Financial participation in existing and additional facilities may, by mutual agreement, be based on each party's projected need for each facility and may be based on designated capacity rights. 3.5 Further Agreement Regarding Capacity Rights. The actual, five-year, and ten-year projected urban utility needs of each party will be reviewed at a semiannual meeting. It is recognized that a party may not have capacity in excess of projected immediate needs. In the event a party is unable to meet its needs either solely or by joint facility development, the parties agree to meet to discuss methods to address system demands. Terms shall be on a mutually agreed basis that will cover the costs and investment of the party in facilities covered by such further agreement. • 3.6 Cost of Service Charge. The parties will, by mutual agreement, establish rates and charges for system facilities. In establishing rates and charges, the parties will consider capital costs, fixed and variable operating costs, minimum fixed charges and variable costs based on quantity of water delivered or treated. 3.6.1. Capital Cost. Capital Costs are allocated based on designated capacity and may be financed by any lawful basis. The minimum costs will include an allocation for renewal and replacement based on designated capacity rights and the design life of joint facilities. 3.6.2 Fixed or Minimum Operating Cost. The cost of labor, supervision, utilities, services, taxes, insurance and all other expenses required to operate and maintain the system other than those items included under Variable Operating Cost. 3.6.3 Variable Operating Cost. Those costs directly proportionate to the volume of water produced or treated, including chemicals, electric power, and other costs required to meet customer and system needs. 3.6.4 Accounting. 3.6.4.1 The capital cost system facilities shall include the cost of construction, and be documented in accordance with an accredited accounting system mutually acceptable to the parties. 3.6.4.2 Fixed and variable operating costs for the system shall include costs as recorded and documented in accordance with the accounting that are directly attributable to the operation and maintenance of the system. The City and the Tribe will continue separate accounting for operation and maintenance costs for the facilities for which they are responsible. A standardized accounting procedure will be developed as far as is practical to assess and credit cost among systems and record the net exchange of water, wastewater, or stormwater on a monthly basis. Carry over of credit for water delivered or treated by either party may be allowed under mutually agreed conditions. However, all credits must be balanced by the end of a contract year. 3.6.4.3 Debt service for each party shall be addressed in financing plans for specific projects. 3.6.5 Billing. The parties will mutually agree on a method for accounts, billing, and collection. Section 4. ADMINISTRATIVE, LEGAL, AND OTHER PROVISIONS 4.1 Meeting. 4.1.1 The parties will hold joint meeting to review the status of this Agreement, Agreement amendments, further or associated agreements, as well as other issues of mutual interest or concern. 4.1.2 At least one joint meeting shall be held semiannually (semiannual meeting), to - be scheduled by mutual agreement in the last week of March and September of each year. The purpose of the semiannual meetings are to review past activity and to propose efforts that may lead to further amendments to this Agreement. All forecasts of requirements will be reviewed at the meetings. 4.2 Staff and Reporting. The coordination of this Agreement will be performed by the regular staff of the parties, with the addition of any non-staff people either party may care to include. These people will interchange information as often as necessary by meeting, teleconference, or other means they may choose. The purpose is to keep the joint projects moving forward in an efficient, cost-effective manner and to prevent any accumulation of misunderstanding. A monthly progress report shall be prepared by the party most active at that time and edited by the other until both are satisfied. Any further details will be included in amendments to the Agreement or in further agreements. 4.3 Schedule. At their first meeting, the staff of both parties involved in the coordination will prepare and publish a schedule and plan to facilitate the day- by-day operation of this Agreement. They may modify their schedule and plan as they wish within the limits of this Agreement, as long as both parties agree and publish the revised schedule and plan. Their work shall be reviewed at a semiannual meeting. 4.4 Other Efforts. Other means of recognizing and dealing with joint problems may be developed by mutual amendment. 4.5 Term. This Agreement shall remain in full force until terminated by either party. Any party may request amendment to this Agreement at any time. Re- negotiation of this Agreement may be requested by any party for consideration at a semiannual meeting. 4.6 No Third Party Beneficiaries. The Agreement is for the benefit of the City and the Swinomish Indian Tribal Community only, to provide a framework for the development of system facilities. There are no third-party beneficiaries to this Agreement. 4.7 Compliance - Permits - Authority. Facilities that may be developed under this Agreement may be subject to preexisting rights, permits or approvals of the parties. Nothing in this agreement constitutes a waiver of either party's rights, permits or authority to water, water use, sewer, or stormwater utility facilities. However, by this agreement the parties reaffirm their commitment to a process for utility system coordination and planning. Section 5. WATER SUPPLY AGREEMENT 5.1 The Water Supply Agreement shall remain in force and effect until such time - as amended or modified pursuant to this Agreement or other agreement. In the event of conflict, the Supply Agreement shall govern and be preemptive of terms in this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper Officers on the day of , 199 . CITY OF ANACORTES SWINOMISH TRIBAL COMMUNITY By: 71,e.g By: Wa 211e4 # Attest: Attest: By: By: jji ity C rk Approved as to Form: Approve. o Form: IMP - By: By: 1"-- City AttoriV RESOLUTION NO. c15 '3- 20 A RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF AMENDMENT #1 TO THE FIDALGO ISLAND URBAN UTILITY SYSTEM WHEREAS, The Swinomish Indian Senate is the duly elected governing body of the Swinomish Indian Tribal Community, a federally recognized Indian Tribe organized pursuant to section sixteen of the Indian Reorganization Act of 1934, 25 U.S.C., Section 476, occupying an Indian Reservation located within Skagit County, Washington, and WHEREAS, the City of Anacortes and the Swinomish Tribal Community have entered into an Agreement regarding the Fidalgo Island Urban Utility System, and WHEREAS, this Agreement provides for its implementation by construction of new facilities through separate agreements executed as Amendment(s) to this Agreement; and VVHEREAS, Agreement has been reached regarding a wastewater treatment feasibility study and related issues; WHEREAS, NOW THEREFORE, BE IT RESOLVED by the Swinomish Indian Senate, that the Chairman of the Senate is hereby authorized and directed to execute the attached Amendment #1 to the Fidalgo Island Urban utility System Agreement. tuck. We -7 Wa-Walton Robert Joe, Sr., Chairman Swinomish Indian Senate CERTIFICATION As Secretary of the Swinomish Indian Senate, I hereby certify that the foregoing resolution was approved at a Regular Meeting of the Swinomish Indian Senate held on March 7, 1995, at which time a quorum was present and the resolution was passed by a vote of /0 FOR, 0 AGAINST, and O ABSTENTIONS. /1-1-l;,:_,) ,j Lyd'a Grossglass, Sec' etary Swinomish Indian Senate • FIRST AMENDMENT TO THE FIDALGO ISLAND URBAN UTILITY SYSTEM AGREEMENT BY AND BETWEEN THE CITY OF ANACORTES AND THE SWINOMISH TRIBAL COMMUNITY THIS AGREEMENT is entered into by the City of Anacortes (City) and the Swinomish Indian Tribal Community (the Tribe) in order to undertake a joint feasibility study into the provision of sewer treatment facilities the Swinomish Indian Reservation (Reservation). Section 1. RECITALS 1.1 This Agreement meets and supplements the "City of Anacortes and Swinomish Tribal Community Agreement regarding the Fidalgo Island Urban Utility System" entered into by and between the City and the Tribe on March 7, 1995. 1.2 The City "Capital Facilities Plan 1995-2000" programs funds in calendar year 1995 to undertake a feasibility study relative to the addition of sewer treatment facilities within the Marches Point area. 1.3 Development within Reservation equates to the pattern to be found in an "urban growth area", as similarily defined in the Washington Growth Management Act. 1.4 the Tribe is proposing to undertake additional feasibility work on expansion of their sewer treatment facilities at the north end of the Reservation. 1.5 The City and the Tribe agree that it is appropriate to cooperate in conducting joint feasibility work and that a coordinate effort is appropriate Section 2. FEASIBILITY STUDY 2.1 the Tribe and the City agree to jointly solicit proposals from consulting firms to undertake a single feasibility study on expansion of sewer treatment facilities at both Marches Point and the north end of the Reservation. 2.2 the Tribe and the City agree to jointly review these proposals and to recommend the most responsive proposal to their respective Councils for funding. 2.3 The division of the cost of the feasibility study between the Tribe and the City shall be recommended in the proposals solicited, reviewed and negotiated between the Tribe and City staff, and as approved by respective Councils. 2.4 In the event that the parties cannot agree on the most responsive proposal or on cost allocation, this Amendment #1 shall be null and void. Amendment #1 Fidalgo Island Urban Utility System Page 2 IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be executed by their proper Officers on the day of , 199 . CITY OF ANACORTES SWINOMISH TRIBAL COMMUNITY By: 71 /4:2„___ By:/_44L&1 Attest: Attest: By: • y. ty Cl Approved as to Form: Approved as to rm: By: By: t/5' Z Ci Attorney