HomeMy WebLinkAbout0012 - City of Arlington - Agreement - Sewer Services to the Arlington Airport!",
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INTERLOCAL AGREEMENT FOR SEWER SERVICE
TO THE ARLINGTON AIRPORT
THIS AGREEMENT is made and entered into by and between
the CITY OF MARYSVILLE and the CITY OF ARLINGTON,both being municipal
corporations duly-organized and existing under the laws of
State of Washingtonj WITNESSETH:
WHEREAS,the City of Marysville,by and through UtilLty
Local Improvement District #1,has constructed,owns·and maintains
a sanitary sewer main on 51st Avenue N. E.and l72nd Street N.E.,
abutting the southerly boundary of the Arlington Airport,Snohomish
County,Washington;and
WHEREAS,the City of Arlington is the owner of the Arlington
Airport and leases space thereon to industrial users who are in need
of sanitary sewer service;arid
WHEREAS,the parties hereto desire to enter into an agree-
ment whereby a limited quantity of sewage collected by an internal
sewer system on the Arlington Airport shall be disposed of by tying
said system into the City of Marysville sewer line described above;and
WHEREAS,the parties are each authorized to provide sewer
utility services inside and outside of their corporate limits and to
control,regulate and manage the same pursuant to RCW 35.21.210,
35.92.020 and 35A.80.0l0;and
WHEREAS,the parties desire to enter into this interlocal
agreement pursuant to the provisions of RCW 39.34 for the purpose of
selling Marysville's sewer service to Arlington,as described above;
Now,Therefore,
IN CONSIDERATION of the mJ,fi~al covenants contained herein,
and the benefits arising therefrom,it is hereby agreed as follows:
1.Service Area.The,sewer service utility area referred
to in this agreement shall.be the presently existing boundaries of the
Arlington Airport to the extent "that the same now and hereafter remain
within the corporate limits of the City of Arlington and under the
ownership and control of said city.
2.Points of Connection.Arlington may request,and shall
be granted,the rlght to connect Sewer lines from the airport property
to Marysville 's sewer line on 172nd Street NE ,at any number of points
and at any locatio.n where said line abuts the airport property west
of the intersection with 51st Avenue N. E.All such connections shall
be subject to the terms of this agreement,and Marysville reserves
the right to refuse additional connections when theymaximum sewage flow
~efer~ed to below is exceeded.
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3.Ownershj"Maintenance and Service )'lees.Marysville
slJ.all retain so.l.e owners w·an r.es ponsi,~'~n,orma,~ntenance and
improvement 0;1;all 12arts o f the sewer system beyond ~he 12oi,nt or points
of connection .Arlington shall as sume sole ownersh.ip and responsibility
for constructj,on,maintenance a Il4,improvement of all 12arts of the
sewer .sys t em .on the airport proprrty preceding the point or po i.n.t s of
cOn!\'ect:ion.Arlj,ngton sha l I assume the sole right and r e sponsLb i l d ty
for 'sewer service vd,thin the airP9J't\1pro12erty,and hereby agrees to
indelll.nif'¥'an,d hold Marysville harmles.sfroIJI anT and all claims which
ma.y ari;;efromsuch service.Arlington shall have the sole right and
rei's12onsibility to charge and collect fees from sewer service customers
on the airport property for connections to said se rv t.ce and for the
monthly use,of t~same thereafter.
4.Maximum'ua,ntity of Sewage.The maximum quantity of
sewage which may low into t e arysv1.llesystem from the airport
property pursuant to thj,s agreement,as measured at the point of peak
daily flow,shall be as follows:
a.Not to exceed 0.3 cfs alohg 172nd Street N. E.
b.Not to exceed 3 cfs at the Int er se c t lcn of 172nd
Street N. E.and 51st Avenue N. E.
Prior to the connection of any.lot or building on the air-
pOlVt property directly or indirectly to Marysville1s sewer System,and
prior to the expansi~Il.or remodeling of said.buildings or a change of
use,occupancy or teIl~~cy or the s"llle,Arlington shall certify to
Marysville the proj ect~d peakdaily flow of sewage from s.a id property,
in cubic feet per s ec orid ,orsnall supply the Ma ry svf.Ll.e City Engineer
with suf f ic i.errt information to calculate the same.
5.Connection Procedure.,Prior to connecting any and all
property On the Arlington Airport to the Marysville sewer system or to
tlJ.eArlington sewer system which in:tertieswith,the Marysville sewer
system pursuant to'this.agreement ,ArliI1gt~n shall file an application
for sewer service on~orms supplied bY1'llaryitville,and shall pay
Mayrsville t he co nne c'tion costs sp.ecifi~dbelow.This same procedure
shall be followed ,for any and all subsequent expansions or remodeling
of buildings which are connected to tlJ,esewer system,or a change in the
use,occupancy or tenancy Of the same .,All such applications shall be
subj ec t to the approval of Marysville,'applying the criteria as sped-
fied in this agreement.
6.Connection Costs.Priorto.connecting any property to
the sewer system as specified above,and prior to any subsequent
expansion of abuilding connected to such sewer system,Arlington Shall
pay Marysville the f o Ll owi.ng connection f ees :.
a.Recovery Charges.'$7 .92 per foot of frontage along 172nd
Street,N.E.west of 51st Avenue N,.E.,for all properties
connecting to said s:ewersystem,which directly abut said
street.
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b.Trunk Sewe.r Charge.$0.015 per square foot of all properties
connecting to'said,sever system;provided,that sa:Ld amount is
subject to period:i,camen4Jllent by ordinance of the City of
Marysville.SaidTrunksew;erclJ.arge shall be ca Lcuj.a t ed on the
net square footage of the property to which sewer service is:
being p.r.ov i.ded ..'The net .squar e foo,tageshall be that area
described in the lega,ldescriptionoftlJ.eproperty,·less roads.
For the Teltone proposal dated May 4,1978,(Phase 'I;and Phase II.),
'tihenet squar e footage shall not include t.he ve a s.t er Ly five (5)
acres which arefcommitted topark:Lngspace unless and until any
structures ar€.bililp;on s a i.dif i.ve (5)acres.Fur t.her ,the net
square footage'sha L'l vno t include the greenbelt·areas.It is
agreed that the net square footage for said pr o je c t is three (3)
acres.
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c.Capital Improvement Char g e,$100.00 per
unit.
7.Monthly Sewer Rates.Monthly sewer rates shall be
based upon .t he amount of water.delivered to Arlington for use on the
airport property.The quantity of such water shall be measured by
meters installed pursuant to the interlocal agreement entered into
between t.he parties hereto on March 1,.1978.Monthly sewer rates shall
be those established by$rdinanceof the City of Marysville for rural
commercial customers.The rate presently inexistence is $7.80 minimum
per month,plus $.40 per 1,000 gallons of water consumed in excess of
8.00D;gallons per month,It is acknowledged that said rate is
subject to periodic review and amendment in the sole discretion of
Marysville;provided,that no rate differential shall exist between
that ch a.rg.ed vt.o Arlington and t ha ticha r g ed to other rural commercial
customers of Marysville.
Arlington shall pay Ma~ysville for all monthly sewer charges
wi thin thirty (30)days Q.f.the dia:tei;0£;'the invoice for the same.
Delinquent accounts shall bear interest at the rate of 10%per annum
until paid.If an account becomes delinquent by more than thirty (30)
days,Marysville s ha Ll,have the right,.,after 30 days 1 written notice
personally served upon the City Clerk of Arlington,to discontinue
wa ter service at all connections to the airpor.t un til there has been
a mutually satisfactory arrangement for payment of the delinquent account.
8.Discharge Restrictions.No property connected to the
Marysville sewer system pursuant to this agreement shall discharge or
cause to be discharged into said system any storm water,surface
water,roof runoff,subsurface drainage,cooling water or unpolluted
industrial process waters.Further,there shall be no discharge into
the sanitary sewer of the following:
a.Any liquid or vapor having a temperature
higher than l50"F;
b.Any water or waste which may contain more
than 100 parts per million by weight of oil,fat
or grease;
c.Any gasoline,benzene,naphtha,fuel oil
or other flammable or explosive liquid,solid or gas;
d.Any garbage that has.not been properly
shredded to a size of one-half-inch in any direction;
e.Anyashes,cinders,sand,mud,straw,
shavings,manure .or any other solid or viscous
substance.capable of causing.obstruction to the
flow in the sewers or other interference with the
proper operation of the sewage treatment system;
f.Any waters or wastes having a pH lower
than 5-5/l0ths,or higher than 9,or having any
other corrosive property capable of causing damage
or hazard to structures,.equipment or personnel
of the sewage system;
g.Any waters or wastes containing a toxic
or poisonous substance ina sufficient quantity to
injure or interfere with any sewage treatment
process or constitute a hazard to humans or animals
or create any hazard in the receiving waters of
the sewage treatment system;
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h.Any waters or wastes containing more
than 350 parts per million by weight of suspended
solids;
i.A five-day biochemical oxygen demand greater
than 300 parts per million by weight;
j.Any noxious or .maj odor ous gas or subs tance
capable of creating a public nuisance;
k.Any waters or wastes having an average
daily flow greater than 2%of .the average daily
sewage flow of the public sewage system into which
the waters or wastes are about to b~discharged.
9.Grease,Oil or Sand Interceptors.Upon the recommenda-
tion of the City BngLneer for the"C'i t y of,Marysville,Arl ington shall
require the installation of a grease,oil or sand interceptor,or any
combination of these,on any sewer line where it is deemed necessary
to intercept excessive amounts of these materials.These interceptors,
if needed,shall be installed on airport property and shall be maintained
in a satisfactory manner by Arlington or its assigns.In the event
it is found that other Lnjur Lous rma t e r.aa Ls are being discharged into
the sewer system,interceptors ..to catch or filter out these materials
may also be required to be installed.
10.Indemnification.Nothing in this agr eemen t.i.s ha Ll.be
construed to impose upon Milrysville,any liability or responsibility
for parties using the portion of the sewer sys tem owned by Arlington
for damages or claims which may arise by reason of the design,
construction or maintenance of said .sewe.r line or the private facilities
connected thereto,and Arlington agrees to,indemnify and hold Marys-
ville harmless from any,and alL such damages'and claims.Arlington
further agrees.to maintain and.operate its portion of the sewer system
in such a manner that it does not jeopardize the safe and efficient
utilization;of ;Marysville's sewersystem,and Arlington agrees to
indemnify and hold MarySVille harmless from any and all claims which
may arise.from its failure to dort he same.
11.Assi~nment and Amendment.Neither this contract nor
any right or p:t1.v1.~ege herein shall be assigned by either party without
the written consent of the other party.All amendments hereto shall
be effective only when reduced to writing and signed by the parties.
The terms.and condi tionshereof shall be binding upon and "inure to the
benefit of the successors and assigns of either party.
12.Duration and Termination of Agreement.The term of
this agreement shall be from the date of its execution and shall
continue in effect until.terminated by mutual consent of the parties,
or by judgment or decree of the Superior Court of Snohomish County,
Washington.
ATTEST:
DATED this ;2lf-<fl---day of ~,1978.
THE CITY OF MARYSVILLE
BY~~City Cler
APPROVED AS TO FORM:
B~44~CityAttorney~'.
By P !.V1"':2"(L.i<'///(ftd(U~May-'"_.
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ATTEST:
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By ~£~ctTYCLERK..
APPROVED AS TO FORM:
By"\..•\t1l~::n:if
THE CITY Or ARLINGTON
BY:~,e MAY 0 R ---,--
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