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HomeMy WebLinkAboutR-2006-005 City of Moxee / Terrace Heights Sewer District / Yakima County Interlocal Agreement (re: wastewater treatment planning)RESOLUTION NO. R-2006- 05 A RESOLUTION authorizing and directing the City Manager to execute an Interlocal Agreement among the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County regarding cooperative planning To provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee. Whereas, the City of Moxee (Moxee) has determined that it will require additional wastewater treatment and disposal capacity; Whereas, the Yakima County Development Association (YCDA), in partnership with the cities of Yakima and Moxee, Yakima County, Terrace Heights Sewer District (THSD) and Washington State Department of Transportation are working through a sub -area planning process to facilitate industrial development along the SR -24 corridor between the Yakima River and Moxee; Whereas, there is sufficient capacity within the Terrace Heights Sewer District's treatment capacity allocation of the Yakima wastewater treatment plant and the District is willing and able to accept wastewater delivery from Moxee and to count such wastewater toward Terrace Heights' current capacity allocation under the 1976 Four Party Agreement; Whereas, the Yakima WWTP currently provides wastewater treatment services to the City of Union Gap, THSD, and unincorporated areas within the Yakima Urban Growth Area; Whereas, among the preliminary findings of the sub -area planning process, the extension of municipal sewer and water services to this area be planned and implemented on a regional basis; Whereas, use of the Yakima WWTP appears to be the most cost-effective means for treatment and disposal of projected wastewater flows from Moxee and the SR -24 corridor; Whereas, the preliminary findings recommend, subject to urban growth boundary amendments, comprehensive sewer plan amendments, and related environmental reviews, that in order to meet anticipated growth and to rationally plan for the extension of water, sewer and other urban services to the SR 24 Sub -area and to minimize the potential for suburban sprawl, that Yakima and Moxee extend their Urban Growth Area (UGA) boundaries to meet at Birchfield Road. In addition to these UGA boundary extensions, and subject to the same conditions, the draft preliminary findings also recommend that the Terrace Heights Sewer District extend its service territory boundary to Birchfield Road; Whereas, Yakima, Yakima County, Moxee, THSD, and YCDA have worked cooperatively to develop an Interlocal Agreement committing these agencies to work as partners toward the further development and implementation of a regional solution to extend wastewater treatment and disposal service to Moxee and the extension of water and sewer service to the SR -24 corridor upon its inclusion into the Yakima and Moxee UGAs. Whereas, mutual cooperation leading to the extension of wastewater treatment services from Yakima to the SR -24 corridor and Moxee is in the best interest of Yakima and the Region; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby duly authorized and directed to execute an Interlocal Agreement substantially similar to the attached Interlocal Agreement among the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County regarding cooperative planning To provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee. ADOPTED BY THE CITY COUNCIL this 17th day of Jam: ry, 2006. ATTEST: City Clerk avid Edler, ayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of January 17, 2006 ITEM TITLE A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement among the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee. SUBMITTED BY: Dick Zais/City manager. Bill Cook/Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Bill Cook/575-6227 SUMMARY EXPLANATION: The City of Moxee has expressed an interest in utilizing the City of Yakima's wastewater treatment facility for treatment of their wastewater. In addition, the Yakima County Development Association (YCDA) in partnership with the cities of Yakima and Moxee, and Yakima County has identified a need for utility service along the SR -24 corridor between Moxee and the Yakima River to promote and support economic development within the area. The attached Interlocal Agreement (ILA) provides that the parties commit to working together in a cooperative manner for the purpose of developing and implementing a regional solution to extend sewer and water service to the SR -24 sub -area upon its inclusion in the Yakima and Moxee UGAs and to extend wastewater treatment and disposal service to Moxee. Resolution XX Ordinance _ Other (Specify) Interlocal Agreement Mail to (name and address): City of Moxee, Terrace Heights Sewer District, Yakima County Funding Source n/a APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve a resolution authorizing the City Manager to execute an Interlocal Agreement among the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County regarding cooperative planning to provide wastewater treatment and disposal service to Moxee and to promote economic development in the SR -24 Industrial Corridor. BOARD/COMMISSION RECOMMENDATION: The Council Intergovernmental Relations Committee spent considerable time and effort on this issue, the Committee was engaged in discussions among the partner agencies, and recommends approval of the ILA. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-05 INTERLOCAL AGREEMENT Among the City of Yakima, the City of Moxee, the Terrace Heights Sewer District and Yakima County Regarding Cooperative Planning To Provide Wastewater Treatment and Disposal Service to Moxee and To Promote Economic Development in the SR -24 Industrial Corridor between the Yakima River and the City of Moxee Whereas, the City of Moxee (Moxee) has determined that it will require additional wastewater treatment and disposal capacity; Whereas, there is sufficient treatment capacity available to treat Moxee's wastewater at the City of Yakima's (Yakima's) wastewater treatment plant and this may be the most cost-effective approach for future treatment and disposal of Moxee's wastewater; Whereas, the Yakima County Development Association (YCDA) is a private non-profit organization dedicated to promoting economic development activities throughout Yakima County; Whereas, YCDA has initiated a planning project to prepare a strategy to facilitate the development of industrial zoned properties along the SR -24 corridor between the Yakima River and Moxee; Whereas, this project, known as the SR -24 Corridor Industrial Development Sub -area Plan (SR - 24 Sub -area Plan), has had input from a steering committee of representatives of Yakima and Moxee, as well as Yakima County, Terrace Heights Sewer District, and the Washington State Department of Transportation; Whereas, this planning project has included two public open houses to discuss the project goals and schedule and to receive public comments; Whereas, the project has also featured the active involvement of key property owners interested in developing their property; Whereas, the draft preliminary findings of this sub -area planning process include a recommendation that the extension of municipal wastewater and water services to this area be planned and implemented on a regional basis; Whereas, the draft preliminary findings recommend, subject to urban growth boundary amendments, comprehensive sewer plan amendments, and related environmental reviews, that in order to meet anticipated growth and to rationally plan for the extension of water, wastewater and other urban services to the SR 24 Sub -area and to minimize the potential for suburban sprawl, that Yakima and Moxee extend their Urban Growth Area (UGA) boundaries to meet at Birchfield Road. In addition to these UGA boundary extensions, and subject to the same conditions, the draft preliminary findings also recommend that the Terrace Heights Sewer District extend its service territory boundary to Birchfield Road; Whereas, the draft preliminary findings identify the County water system and the Terrace Heights Sewer District as being jurisdictions that could be well-positioned to provide water and wastewater services in the portion of this area that is brought within Yakima's UGA; SR 24 Planning Interlocal - 1 - 1/12/2006 Whereas, in order for various services to be made available in this sub -area a series of agreements will need to be reached among local governments that will specify the terms and conditions under which service will be provided and how the expansion of services will be financed; Whereas, additional research is required to address these and related engineering, legal, and governance questions; Whereas, these questions need to be answered in a timely manner to meet Moxee's need for increased treatment and disposal capacity and so that the final SR -24 Sub -area Plan may be presented for public review and comment prior to adoption and for implementation by the respective jurisdictions; Whereas, municipal wastewater treatment systems may extend conveyance Tines and accept wastewater delivery from other established Urban Growth Areas (UGAs) consistently with the Growth Management Act, chapter 36.70A RCW (the GMA); Whereas, through their extension of their urban area boundaries to Birchfield Road, Yakima and Moxee would be enabling the provision of wastewater service to the SR 24 Sub -area; Whereas, Yakima, Yakima County and the Terrace Heights Sewer District, together with the City of Union Gap, are parties to the 1976 "Agreement for Wastewater Treatment and Disposal Service" as amended (the "1976 Four Party Agreement"), recognizes that the participating parties may expand or extend, under certain conditions, their sewage facilities to provide service to unserved areas and jurisdictions; Whereas, there is sufficient capacity within the Terrace Heights Sewer District's treatment capacity allocation of the Yakima wastewater treatment plant and the District is willing and able to accept wastewater delivery from Moxee and to count such wastewater toward Terrace Heights' current capacity allocation under the 1976 Four Party Agreement; Whereas, Yakima is willing and able to accept wastewater from Moxee that Terrace Heights delivers to Yakima for treatment and disposal subject to applicable regulatory requirements, Whereas, the GMA provides in part that "An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county" (RCW 36.70A.110(7)); and Whereas, Yakima, Moxee, and Yakima County are updating their comprehensive plans as required by RCW 36.70A.130 and other provisions of the GMA and the parties do not wish or intend through this agreement to interfere with that planning process. Now, therefore the parties hereby agree as follows. A. The parties commit to continue working together in a cooperative manner for the purpose of developing and implementing a regional solution to extend wastewater and water service to the SR -24 Sub -area upon its inclusion in one or more UGAs and to extend wastewater treatment and disposal service to Moxee. This mutual commitment may include, but is not limited to: SR 24 Planning Interlocal - 2 - 1/12/2006 1. Sharing legal research and expertise to the extent possible without waiving the attorney-client privilege in order to determine the appropriate form of such agreements that may be necessary in order for the Terrace Heights Sewer District to provide services to Moxee and in the SR -24 Sub -area; 2. Sharing engineering research and analysis in order to determine the most effective means of delivering services on a regional basis and to prepare the necessary planning level cost estimates; 3. Developing cost -based formulas to allocate costs associated with providing treatment and disposal service to Moxee and with extending wastewater service to customers within the SR -24 Sub -area; 4. Preparing grant applications to secure outside funding to complement local funding that may be dedicated for required improvements; and 5. Establishing a coordinated strategy for the sub -area planning process. B. Contingent on the outcome of related environmental reviews, the parties will initiate the process of amending the UGA and utility service boundaries as contemplated by this agreement. C. The Parties agree that the Terrace Heights Sewer District is the jurisdiction that should provide wastewater service to customers in the SR 24 area and accept wastewater delivery from Moxee, and that Yakima is the appropriate jurisdiction to provide for treatment and disposal of wastewater from these areas subject to completion of appropriate environmental review, planning processes, boundary adjustments and Interlocal agreements. D. The Parties recognize that customers to be served in the SR 24 area and in the City of Moxee's service territory may include Industrial Users as defined in the Special Agreement, dated June 27, 2000, between the District and the City of Yakima. As required under the Special Agreement, before an Industrial User located outside the jurisdiction of the District discharges into the District's sewer system, the District and the City of Yakima will enter into an agreement with the jurisdiction in which such Industrial User is located. The District and the City of Moxee will enter into a special agreement with the City of Yakima regarding pretreatment standards applicable to those customers in the City of Moxee. The District and Yakima County will enter into a special agreement with the City of Yakima regarding pretreatment standards applicable to those customers in Yakima County. These agreements must include terms that are substantially equivalent to the Special Agreement, dated June 27, 2000, between the District and the City of Yakima and must be fully secured prior to a discharge from any Industrial User outside the jurisdiction of the District. E. This Interlocal Agreement does not create any separate legal or administrative entity. Each party shall administer this agreement on its own behalf and shall bear its own costs of carrying out this agreement. F. The parties recognize that it may be in their mutual interest to provide YCDA with additional financial resources targeted specifically to support the aforementioned planning activities. If this is the case, the parties understand that YCDA will provide the parties with a scope of services and cost estimates for their individual review and approval. G. This Interlocal Agreement is effective upon signature by all the parties and shall remain in effect for 5 years unless terminated earlier pursuant to its terms. Any party to this agreement SR 24 Planning Interlocal - 3 - 1/12/2006 may withdraw from it upon 30 days' notice to the other parties. This agreement shall terminate upon the withdrawal of at least three parties, or by mutual written agreement of the parties. Dated this 17 day of join • , 2006. Ci R.`�C. Za s, Jr. City Of Yakima City of Mox Terrace Heights Sewer District SR 24 Planning Interlocal akima County `ne*p,�� "1, 6.''3N 0\r'�'��`�``,`\� 'fir/tiblitiwt ` 4 1/12/2006 • • City of Yakima Proposed Urban Growth Boundary SR -24 Digital Color Orthophotography flown 4/30/2004 .••■•■ Yakima City Limits Moxee Urban Area W.10:14.1 ti• Urban Reserve Growth Boundary Proposed Yakima Urban Growth Area Proposed Mose. Urban Growth Area 5 Scale -lin = 1200ft 0 600 1200 Created: January 12, 2006