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HomeMy WebLinkAboutR-1680 - Relating to applications for water service by high volume industrial usersr--------------------------------.--- CITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.1680 A RESOLUTION OF THE CITY OF MARYSVILLE RELATING TO APPLICATIONS FOR WATER SERVICE BY HIGH VOLUME INDUSTRIAL USERS. WHEREAS,PUD No.1 of Snohomish County ("PUD")has invited proposals ("RFP's")for the establishment of one or more power generating facilities within the Snohomish County area;and WHEREAS,several parties interested in responding to the PUD's RFP's have indicated an interest in siting an industrial power generation facility within or near the City's utility service area;and WHEREAS,it will be necessary for any party participating in the PUD's RFP process to demonstrate the availability of an adequate water supply for such power generation facility;and WHEREAS,to date,the City of Marysville has received several formal requests for a commitment to serve water for such a power facility and has received informal inquiries concerning the availability of water from other interested participants in the RFP process;and WHEREAS,the City of Marysville wishes to establish a clear policy concerning the allocation of its water resource for high volume industrial users involved in the PUD's RFP process;and WHEREAS,it is unlikely that the City's water utility will have sufficient capacity to serve all of the several requests for water which it anticipates receiving,and as such,the City is unable to make an irrevocable commitment to each of the several interested parties at this time;and WHEREAS,while the City is not able at this time to make firm commitments to all of the applicants submitting RFP's to the PUD,at such time as the PUD makes a selection of a successful participant,the City will be able to consider a final commitment for water service;and WHEREAS,the City of Marysville supports "clean industry" and to the extent water utility capacity is available and subject to the limitations contained in the City's utility ordinances, the City wishes to commit to water service to the successful participant in the PUD RFP process;and WHEREAS,because it is recognized that a power generation facility would have a major impact on the capacity of the City's RESOLUTION - 1 /rnv/water2.res water utility,it is necessary to qualify the City's commitment to provide water subject to certain conditions;NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: The City of Marysville will provide water utility service to the successful party in the Snohomish County PUD RFP process, subject to the conditions generally outlined below: 1.Based upon the water and/or wastewater demands of the successful party in the PUD's RFP process,there must be a showing that available capacity exists in the City's utility system to accommodate the request.Based upon the current and projected demands,the City will commit up to 2.2 million gallons per day (mgd)of water to the successful party.Said water shall be limited exclusively to the City's Stillaguamish River water supply. 2.In the event the successful party or any other party is permitted to utilize effluent water from the City's wastewater treatment plant,the City will commit all available wastewater for use in conjunction with a power generation facility,subject to the user receiving all required permits and approvals from DOE and subject to the other conditions referenced below.The City will also commit to a facility using effluent from the City's WWTP up to 75,000 gallons per day of water (from sources other than the City's WWTP)subject to such request being consistent with the long-range plans of the City's water utility. 3.The successful party would be required,at its own expense,to construct all capital improvements necessary to bring the water supply(s)to the site proposed for the power generation facility. 4.The City may require the construction of additional capital improvements to serve existing and future utility customers,such improvements to be constructed at the expense of the successful party. 5.The successful party shall pay all applicable utility connection fees as required by City ordinance. 6.The successful party shall agree to comply with all City ordinances including the City's Rural Utility Service Area code (Chapter 14.32 of the Marysville Municipal Code)and all other applicable federal and state laws and City ordinances. 7.In the event the proposed site is outside of the City's RUSA or CWSP boundary,the successful party will make a request for a variance from the City's utility code requirements and will comply with all requirements of the State Department of Health empowered by statute or rule. RESOLUTION -2 /rnv/water2.res 8.The successful party and the City shall enter into a long-term contract for the provision of water and/or effluent. Said contract shall include,but not be limited to,negotiation of industrial water rates and/or rates for the provision of effluent acceptable to both parties. 9.The provision of water and/or effluent to the successful party shall not jeopardize the continuation of water or sewer service to existing customers. 10.The successful party shall agree to payment of all administrative,engineering and legal fees associated with the extension of the utility system to the successful party's facility. BE IT FURTHER RESOLVED that in the event more than one electrical power generating facility is proposed to be sited within or near the City's utility service area,either as a result of the PUD's RFP procedure or independent of the PUD's selection process,the City reserves the right to conduct its own evaluation of the respective proposals,and in the event there is insufficient water and/or effluent capacity to serve more than one such facility,the City reserves the right to provide water and/or effluent to the customer which most closely meets the service criteria established in Chapter 14.32 of the Marysville Municipal Code,such other ordinances and laws as are applicable, and the ability of such applicant to meet the ten (10)conditions enumerated above. PASSED by the City Council and APPROVED by the Mayor this 25th day of April,1994. CITY OF MARYSVILLE By {l;)tJAiM ATTEST: CITY CLERK Approved as to form: By~/C(p./M -CITY ATTORNEY RESOLUTION - 3 /rrrv/water2.res