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HomeMy WebLinkAboutR-1990-D5738 West Valley High School• RESOLUTION NO. 573 • • A RESOLUTION authorizing and directing the City Manager and City Clerk to execute a Letter Agreement to Extend Sewer Service to West Valley High School WHEREAS, West Valley High School has been experiencing septic tank and drain field problems for some period of time and the current system is failing, and WHEREAS, replacement of the West Valley High School septic tank and drain field is not a viable alternative, and WHEREAS, failure of the septic system poses a serious public health hazard, and WHEREAS, the City of Yakima desires to extend sewer service to West Valley High School as a one-time exception to providing service outside of the regional sewer service area, for the reasons stated above, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the Letter Agreement to Extend Sewer Service to West Valley High School, a copy of which is attached hereto and by reference9ade a part hereof. 5/ ADOPTED BY THE CITY COUNCIL this 1 day of 1990. ATTEST \ar-14d/- >116_,tLe.i_ti, colc_ City Clerk (res/wvly) Mayor • • • �- 5738' LETTER AGREEMENT TO EXTEND SEWER SERVICE TO WEST VALLEY HIGH SCHOOL CITY OF YAKIMA, YAKIMA COUNTY, TERRACE HEIGHTS SEWER DISTRICT, AND CITY OF UNION GAP THIS LETTER AGREEMENT entered into this day of AV 1990 by and between the City of Yakima, a municipal corporation, the City of Union Gap, a municipal corporation, the Terrace Heights Sewer District, a municipal corporation, and Yakima County, a municipal corporation, is for the purpose of providing sewer ser- vice to the West Valley High School because of a serious public health hazard. WHEREAS, West Valley High School has been experiencing septic tank and drain field problems for some period of time and the current system is failing, and WHEREAS, replacement of the West Valley High School septic tank and drain field is not a viable alternative, and WHEREAS, failure of the septic system poses a serious public •health hazard, and WHEREAS, the parties to this Agreement desire to extend sewer service to West Valley High School as a one-time exception to providing service outside of the regional sewer service area, for the reasons stated above, NOW, THEREFORE, the above-named municipalities mutually consent and agree to the following.: 1. A one-time exception tp the Yakima Urban Area do hereby Agreement For Wastewater Treatment And Disposal Services will be granted to West Valley High School for the purpose of extending sewer service to West Valley High School. Page 1 of 4 (agr/wvly) • • • 2. Neither the regional selIer service area nor the Yakima urban area boundary is affected by this action. 3. Sewer service to West Valley High School will be granted only upon west Valley School District and West Valley High School meeting the following conditions: a. All costs associated with extending sewer service to West Valley High School will be borne by West Valley School Dis- trict and/or West Valley High School including but not limited to engineering and design costs, costa to obtain easements not avail- able, costs for connecting the sewer service line with City of Yakima sewer intercepter and running that line to West Valley High School, costs of roadway restoration, if any as determined by the County Engineer, recording fees, and legal fees. b. West Valley High School will have their engineer design a sewer line running from West Valley High School along Zier Road to a connection point with the City of Yakima's sewer inter- cepter, together with other technical requirements as required by and that meet the approval of the City Engineer of the City of Yakima, and County Engineer if located in County roadway. West Valley High School will obtain a franchise and permit from Yakima County Public Works Department and will comply with the terms and conditions thereof if the sewer line is located in. a County roadway right-of-way. c. A sewer service line running to West Valley High School is intended for the use of West Valley High School only and is not subject to access by any other persons or entities other than West Valley High School without the written consent of the four municipal parties to this Agreement and the written consent of West Valley High School. If West Valley School District allows any other persons or entities to use this sewer service line, service to the entire line may be discontinued immediately. d. West Valley High School has no authority to assign, give, sell, or otherwise allow any other entity access to the aforementioned sewer line. Page 2 of 4 (agr/wvly) • • • e. West Valley School District and West Valley High School will be responsible to pay the same service fee and other charges and meet other conditions for sewer service as any other retail customer that is located outside the City of Yakima. f. This side service sewer line from the City of Yakima's sewer interceptor to West Valley High School will be owned by West Valley School District subject to the above restrictions. West Valley School District shall be solely responsible for mainte- nance of the aforementioned side service. Failure to properly maintain the side service sewer line is grounds for immediate termination of sewer service. It is intended this side service is not to be utilized as a mini -system, notwithstanding the length of the side service. g. If West Valley School District and West Valley High School desire to receive sewer service they will enter into a binding agreement prepared by the City of Yakima containing the above requirements, and enter into an Outside Utility Agreement with the City of Yakima. 5. This Agreement will become null and void if the Washing- ton Department of Ecology objects to it within a timely manner. ATTEST: Opts-v�- L City Clerk A oved as to Fprm this day of �� , 1990. CUT C lT*Ati NO 50-1 Page 3 of 4 (agr/wvly) CITY OF YAKIMA BY: DATE: CITY AGER £/3150 • ATTEST: Ap•roved as to Form this , 1990. ney ATTEST: Clerk Approved as to Form this day of , 1990. Attorney for District Page 4 of 4 (agr/wvly) BOARD OF COUNTY COMMISSIONERS BY: BY: BY: DATE: ,sga9 TERRACE HEIGHTS SEWER DISTRICT BY: gr. G�gg -A.✓ Chair DATE: 1'/iS"74a eften CONCUR: ATTEST: ATTEST: Page 5 of 4 (agr/wvly) WEST V LEY SCHOOL DISTRICT BY: WEST VALLEY HIGH SCHOOL BY* DATE? 8902 ZIER ROAD IAKIMA WA 4X41» 4414.04 ($(?) 965-2000 0 SCAN NSS8-2 4l 1 0-1 7-89 4 e. WEST VALLEY SCHOOL DISTRICT NO. 208 Glen Rice, Director '-' Office of Community Development City Hall 122 North Second Street Yakima, WA 98901 Tony Menke Urban Area Planning Commission 1400 Summitvlew Yakima, WA 98902 RE. Application for extension of city sewer to West Valley High School. Richard Anderwald Planning Department Room 417 Courthouse 128 North Second St. Yakima, WA 98901 We have been Informed by the Yakima Health District that we have an eminent health hazard created by a failing septic system at our high school. We have had an extensive review of the system and Implemented some temporary measures in cooperation with the Yakima Health District and the Department of Health. The Yakima Health District has informed us that there is no acceptable on-site solution to the sewage disposal problem. Therefore, West Valley School District is requesting a change in the Urban Area Boundary which will allow the extension of city sewer services to the high school. Upon connection to the city sewer, the health hazard will be abated. We have been advised that letters of support for this application will be forthcoming from the various involved agencies. If I can provide further information, please call 965-2000. D KOENIG Business Manager cc OCD, UAPC, Planning Dept, YHD MINUTES YAKIMA URBAN AREA REGIONAL PLANNING COMMISSION NOVEMBER 15. 1989 MEMBERS PRESENT Kara Kondo Kurt Layman Tony Menke George Pechtel Walter Weeks STAFF PRESENT Fred Stouder, Assistant City Manager, City of Yakima Glenn Rice, Director, Dept. Community it Economic Development, City of Yakima Steve Erickson, Assistant Planning Director, Yakima County Rich Faith, Senior Planner, Yakima County Don Skone, Planning Manager, City of Yakima Larry Lehman, Associate Planner, City of Yakima Joan Davenport, Associate Planner, City of Yakima John Elsden, Associate Planner, City of Yakima Chairman Menke opened the meeting at 7:00 p.m. in the Council Chamber of City Hall. He recognized that there were four members of the RPC present (Kondo, Layman, Menke, and Pechtel), thus constituting a quorum. The minutes of the September 27, 1989 and October 18, 1989 meetings were approved. WEST VALLEY _HIGH SCHOOL SEWER SERVICE REOUEST The Chair recognized that Mr. Norm Koenig was present to address the issue of the West Valley High School Sewer Service Request. Mr. Koenig briefly reviewed the matter, stating that the school's need for sewer service was prompted by the failure of their septic system. While temporary repairs been made, the Yakima County Health District has advised the school that imminent failure is possible. Mr. Stouder noted that while the school is outside the City of Yakima sewer service boundaries, this project can be carried out because the situation • • s • • • • 1 • constituted a health hazard. It would be a special project to extend the line solely for providing service to the school. No other connections outside current sewer service boundaries will be allowed. He further noted that no action would be required by the RPC in this regard. Chairman Menke thanked Mr. Koenig and staff for advising the RPC of this situation. He concurred that no action was required by the RPC at this time. CBD PLAN UPDATE Mr. Larry Lehman reviewed the joint City of Yakima, City of Union Gap, and Yakima County staff report (dated November 15, 1989). This staff report was prepared in response to direction given staff by the Yakima Urban Area Joint Board. Mr. Lehman noted that the RPC had asked staff to bring these items to them at this meeting. He also reviewed the draft resolution prepared for the Joint Board. Mr. Kurt Layman commented on the importance of the Yakima City Council not changing its policies related to the future of the Yakima downtown's role as the regional shopping center. Mr. Stouder noted that there has not been any change of policy on this by the Council. He further- pointed out the importance of creating development opportunities within the downtown area. Without realistic opportunity for a new shopping center to be sited downtown, it will eventually be sited elsewhere. There was extensive discussion between RPC members that removing certain language from the Plan could be sending "the wrong message" to potential developers. It was suggested that the RPC should review any changes that may be recommended by the Joint Board and provide RPC comments related to these changes to the legislative bodies. After verifying that this was the consensus of the RPC, Chairman Menke asked staff to advise the membership of whatever actions the Joint Board may take on this item. SKYBRIDCE ORDINANCE Mr. Don Skone noted that the RPC had been given copies of a draft skybridge ordinance at their October 18th meeting, and that it had also been reviewed by the Downtown Group and DARC. The only concerns received were that some explicit conditions should be required before the T-0ALY•2f.4 2 City Council would be allowed to revoke a skybridge permit. Staff now intends to bring this item before the Yakima City Council. Mr. Steve Erickson introduced Mr. Walter Weeks u the new Yakima County representative to the RPC. After brief discussion, Chairman Menke indicated that it was the consensus of the RPC that staff move ahead toward adoption of the skybridge ordinance. He noted that skybridges were contemplated within the Downtown Futures Plan and it would therefore be appropriate to adopt an implementing tool of this type. Mr. Steve Erickson presented an outline of the County's proposal to develop a new comprehensive plan. The planning effort to develop it is being called the "Focus 2010" planning program. The "Focus 2010" plan is being designed to provide long range direction for future growth and development. It is -to be integrated with and reflect the various subarea plans within the County. The "Focus 2010" planning program will be coordinated with the Yakima Urban Area long range planning effort. The proposed "Focus 2010" plan is intended to primarily address issues pertaining to the physical development of Yakima County and to act an agenda for future planning efforts. The RPC will be asked to be the reviewing body to assist in defining goals, policies and recommended actions within the Urban Area. They will also provide coordination of planning efforts for the incorporated and unincorporated Yakima Urban Area. Mr. Rich Faith reviewed the citizen involvement process to be utilized in developing the plan. Eight planning committees will be established for specific geographic areas of which the Yakima Urban Area is one. For that area the RPC is being asked to serve as the planning committee. A county -wide public survey will be conducted to evaluate public sentiment on a wide range of planning issues. The results of this survey will be given to the planning committees to facilitate plan development. It is anticipated that 4 to 6 meetings of the RPC between January and May will be needed. This should include one or more meetings with the County Planning Commission to review the overall "Focus 2010" planning effort • • s • • • • • • participation as part of their budget process for the upcoming year. Seconded by Pechtel. The motion was approved unanimously. Kurt Layman moved to direct staff to prepare the necessary items fce presentation to the Union Gap City Council to thus facilitate their consideration of Union Gap's participation in this planning effort. Pechtel seconded. The was motion approved unanimously. Hearing no further business, George Pechtel moved for adjournment. Layman seconded. The motion was approved unanimously. 00' • PLANNING DEPARTMENT ROOM 417 COURTHOUSE (509) 575-4124. 100.572.7354 YAIIMA. WA 98 FAX (509) 5754071 5r--‘40 October 30, 1989 Norman E. Koenig, Business Manager West Valley School District 1208 8902 Zier Road Yakima, WA 98908-9299 Re: Sewer Extension to West Valley High School Dear Mr. Koenig: We have reviewed your October 17th letter requesting an extension of the Yakima Urban Area Boundary in order to provide for city sewer service through the High School. An amendment of the boundary can be initiated by the City or County governing bodies or by the Urban Area Regional Planning Commission (RPC). Such a change would constitute a legislative amendment of the boundary. As you know, this request involves the interests of several agencies, and it has been the policy of the City of Yakima to extend sewer service only to properties within the urban area boundary. Since the high school site is not immediately contiguous to that boundary, the district's proposal could become somewhat complicated by intervening lands. However, the presence of the health hazard resulting from a failing septic system would seem to warrant creative approaches to resolve the problem, some of which may not involve a boundary amendment. The City of Yakima Department of Community and Economic Development has scheduled a design review team meeting for next week to consider your request. You may have already received notice of that meeting. If an amendment of the Urban Area Boundary is required, the next step would appear to be a discussion before the RPC. Representatives of the City, County and the Health District will be invited to attend. The Regional Planning Commission is scheduled to meet on November 15, 1989 at 7:00 p.m. in the City Council Chambers at City Hall. I will place your request on the agenda of the s SCENTRAL OFFICE — 575-4040 — 104 North First Street — Yakima, Wash. 98901 SUNNYSIDE OFFICE — 837.3411 — 216 South Eighth Street — Sunnyside, Wash. '8944 • August 10, 1989 Dr. Joe Batali, Superintendent West Valley High School Administration Office 8902 Zier Road Yakima, WA 98908 Re: West Valley High School - On-site Sewage Disposal Dear D s,Sat-ali : I am writing to you directly regarding problems of on-site sewage disposal at West Valley High School. As you know, this issue has been the subject of extensive discussion between West Valley School District, the Yakima Health District and the State of Washington since• at least 1985. As you may not know, the Health District was not involved in evaluation of the original building site at the time the high school was con- structed, nor was any permit ever issued for the on-site drain field. However, it has become apparent over the past few years that the drain field is "failing." This is known because there is evidence of surfacing sewage. Among our other responsibilities, the Yakima County Health District acts as an arm of the State of Washington in enforcing Board of Health regulations regarding on-site sewage disposal. As I am sure you appreciate, it is unlawful for any person to permit discharge of effluent upon the surface of the ground because it poses a serious public health hazard. The danger is particularly great in the vicinity of a school where students can be anticipated to be physically in the area. West Valley School District hired professional engineer Brad Card to help in design of a new replacement system. Brad and Health District sanitarians have discussed the situation many times over the past few years. The primary problem is locating suitable soil. In order for a drain field to work effectively, the surrounding soil must be of sufficient depth and perme- ability to permit effective treatment of the effluent by the Yakima County Yakima C •y GNndv.ew SUPPORT G GOVERNMENTAL U TS Marian Mabtun Maxim Shah ',Mien Goo S.rnnv,.de 'IDato Tiaton 2110 I UL. vue DCL411 August 10, 1989 Page 2 soil. If a drain field is located over hardpan or other impermeable material, the water will come to the surface and result in "failure," as I #lave described. Unfortunately, much of the soil near West Valley High School contains a caliche layer at a depth of about two feet. That problem was identified early in one of Brad Card's initial evaluations. The problem continues. Brad identified an area south and somewhat east of the football field which he hoped would be a suitable site for a replacement drain field. How- ever, Health District sanitarians went to the site late in July and dug seven test holes. Our examination of the soil satis- fies us that it is not an appropriate site for a replacement of the existing drain field because of a hardpan layer at a depth of 18-42 inches with an average of 24 to 30 inches. Soil of that depth does not meet minimum Department of Ecology and Department of Health (DOE -DOH) requirements for a conventional drain field. For additional reasons, a so-called mound system would also not be acceptable. Because of the soil profile, we would necessarily deny issuance of a permit for construction of a drain field in that area. My own review of this file would seem to indicate that West Valley School District faces only two practical alternatives for replacement of the system at the high school. The school could of course be connected to a municipal sewer line, pre- sumably one of the West Valley extensions which connects to Yakima's treatment plan. I understand there may be some problems in obtaining the City's permission to make that exten- sion because the high school is outside their urban area boundary. I am not certain whether that possibility has been exhaustively examined. There is of course the possibility that the School District may want to obtain other property as a potential drain field site. Bear in mind that the property would not necessarily have to be immediately adjacent to the school. There is technology avail- able for transmission of effluent, under pressure, to a some- what distant drain field site. There may be other possibilities and we are certainly happy to explore all of them with you. However, I want to emphasize my own sense of urgency regarding this problem. There has been repeated evidence of seepage and surfacing of sewage out of the existing drain field. We are concerned that once school starts again in the fall, you may again face that kind of failure. The law requires this office to abate discharge of sewage onto the surface of the ground. Obviously, the last thing in the world we want to do is issue an order which effectively closes West Valley High School. • • • • • • / Dr. Joe Batali ' August 10, 1989 Page 3 I am mindful of the fact that this problem has been the subject of discussion between numerous individuals both at the School District, various state agencies and here at the Health District. In order to streamline the flow of communication somewhat, I have designated sanitarian Al Schoenhuth, here at the Health District, to assume sole responsibility for this project. All communication should be directed to him regarding these problems. I will regularly review the situation with Mr. Schoenhuth and of course I maintain general supervisory responsibility, but I encourage you and your engineer to dis- cuss the matter directly with Mr. Schoenhuth. Likewise, I would suggest that you designate someone who can act as the sole spokesman for the School District so that we have no confusion as to who should be in the information loop. I urge you and the Board to give this matter your immediate and critical attention. This agency will make every reasonable effort to work with you in solving the problem but I do not want to mislead you as to the potential adverse consequences of a failing drain field at a major high school. We look forward to hearing from you. Very truly yours, Robert G. Atwood, M.D., M.P.H. cc: Brad Card CENTRAL OFFICE — 575-4040 — 104 North First Street — Yakima, Wash. 98901 SUNNYSIOE OFFICE — 837.3411 — 1319 Saul Road — P 0 Box 821 — Sunnyside, Wash 98944 - November• 15, 1989 Don Skone Planning Manager City of Yakima Yakima, WA 96901 7 • REF: Eminent Health Hazard at West Valley High School Dear Don: iS Enclosed is Dr. Atwood's letter to Superintendent Batali about the surfacing sewage at West Valley Hach School. In the letter Dr. Atwood states that the surfacing sewage from the failing drain field indeed Ipo,ks a,ftrious_aWilliC health haY i ; and he continues "I want to emphasize ■y_ own sense of urgency regarding this problem." The letter also stresses that soils at the West Valley High School are not suitable for any conventional on site drainfield or any "mound type" disposal systems. After review and consideration, Dr. Atwood sugnested two alternatives, either connect to Yakima's municipal sewer system or obtain additional property suitable for drainfield. The consensus of Health Professionals at Yakima Health District is that hookup to the municipal sewer is the only cost effective and long term -solution to this eminently dangerous problem. Concurrence by the City would be greatly appreciated. Sincerely yours, Al Schoenhuth Asst. Director Environmental Health Yakima Health District cc Norm Koenig SUPPORTING GOVERNMENTAL UNITS Yakima County Harrah Seleh Union Gap Yakima C.1Y M.btOn Sunnyside WaPasO GranchneW Mouse Tinton Zillah Granger '\aches TOpOemsh e. • • THIS TINT INCLUDES AMENDMENTS AUTHORIZED RY I TEXT AMEMDICHr NO. 1 UEPTDSRCR, 1902 City of Yakima, Yakima County, Terrace Weights Sewer District and Town of Union Gap Ammon POR WASTEWATER ?REAM= AND DISPOSAL SERVICE THIS AGRLDeD T entered into this 23rd day of February. 1117i, by and between the City of Yaktea, a municipal corporation, the Torn of Union Gap, a municipal corporation, the Terrace Weights Sewer District. a municipal corporation. and Yakima County, a municipal corporation, for the purposes of providing wastewater treatment and disposal service to developed areas within the Yakima Urban Area. WITNESS/Till WHEREAS, the existing sewage treatment facilities in the Yakima Urban Area do not aunt the current water pollution control requirements and specifically the standards set forth and pursuant to rubl►c Law 92-SOO; and. UWQATAS, many unincorporated areas within the Yakima Urban Area are not served by sewers although there is a demonstrated need for public sewer service to eliminate health hazards/ and, WHEREAS, the City of Yakima. Yakima County. the Town of Union Gap. and the Terrace Heights Sewer District entered into an agreement dated April 9, 1974. which authorised the preparation of a Waste- water Pacilitiee Planning Study to determine the least expensive, coordinated Wastewater Management Plan for the entire Yakima Urban Area that will protect the public health and welfare and meet the applicable water pollution control standards; and, WHEREAS, it has been concluded in the Wastewater Facilities Planning Study, following careful con- sideration of available alternatives, that upgrading of the existing City of Yakima wastewater treat- ment facility to provide secondary treatment of wastes from the entire Urban Area is the least expensive solution for meeting the area sewerage needs; and. mimes. en evaluation of environmental factors' associated with the proposed plan shows ttat the facilities will result in a net environmental benefit to the Urban Area by improving surface and groundwater quality and by eliminating health hazards inherent in septic tank disposal of wastes in built-up portions of the Urban Area many of which have generally unsuitable soil conditions for septic tank disposal; and. WHEREAS, implementation of the Wastewater Management Plan utilising the Yakima wastewater treat- ment facility as the central plant for the entire Urban Area requires suitable long-term agreements between the participating governmental entities for developing, managing and financing the plan and WHEREAS, as relates ten Yab..a men.,...,, 9,70 +. .__ _ -..r. a.....0..u♦ 10 b.. S1/4 40y,.e water and drainage systems and further provides within NM 36.94.190 the authority to contract with other entities +.r -4 MW, THE MON:MC, the above-named municipalities do hereby mutually consent and agree to the follwingi SECTION 11 MASTEWATEP TREAT/eh? S DISPOSAL 'y virtue of this agreement, the City of Yakima (City) agrees to accept sewage delivered to &t by the Terrace Nights Sewer District (District), the Town of Union Gap (Town) and Yaktwa County -- % ' - _.._..-,.. .... ..sr.+.aa. Tree Gat), will improve and expand its treatment faellaty to meet pollution control standards and to provide sufficient treatment capacity in accordance with thu wastewater Facilities plan. Since the County doss notpresently own or operate swage collection or wastewater treatment facilities, reference hereinafter to the County amend its wastewater fecLlaties shall be construed to ran those facilities that may bs developed by the County Lw the future • srCTIOM 2r 1MAGr COLLFtTIOY General Responsibilities The Terrace Weights Sewer District and the Town of Union Gap Nall continue to be responsible for sewage collection within their respective service areas. The District and Town shall construct and operate saner interceptor and pumping facilities necessary to deliver 'wags to the Yakima system. Collections within local improvement districts formed either within the City or within unincorporated areas may to the responsibility of the local governing agency establishing such LIDS. It is understood and agreed that the City of Yakima. the Town of Union Gap, or the Terrace Heights Sewer District may expand or extend their existing sewage facilities to give service to unlncorpora local service areas. including the formation of local Lmprovesent districts provided that the develo sent of such area is approved by the local governing body having jurisdiction over the land to be so improved. • It is further understood and agreed that the County shall have the right to give service Cc unincorporated local service areas by the formation of local improvement dlstrlets or sewer districts and to enter into appropriate agreements with the city of Yakima, Town of Union Gap or Terrace Meight■ sewer Distract for the disposal or transportation of swage into the regional sewerage systu. provided that the development of such area is approved by the local governing body (Board of Takla County Commissioners) having jurisdiction over the land to be eo improved. I1. Service by the Terrace Heights Sewer District to the Reye bad Area Those properties adjacent to, and on either side of Keys bad ie Yakima County. Washington, between the intersection of Keys bad with the Southern boundary of the Yakima Urban Area, and along Keys bad until it intersects with SR 24, should bs permitted to connect to the adjacent sewer interceptor belonging to the Terrace Heights Sewer District upon the following terse amd conditions, A. That not more than one (1) service connection shall be made for each one hundred (1001 fest of property adjacent to, or on either side of rays bad. and to the contiguous interceptor Provided that any current parcel now having frontage on Kays bad may connect one service line to the interceptor even though such frontage is less than one hundred (100) feet. B. No sewer services will be provided to any building, business or to benefit any land usage or other facility of any nature that is located more then tun b,mdred (200) feet measured with a ninety degree angle on either side of the center lime of rays bad In Yakima County, Mashingtoe. • * • SECTION Ir PAYMENT FOR WASTtWATtm TREATMENT AND DISPOSAL (a) The City shall establish sewage disposal charges for Union Gap, Terrace Might'. and TARma., County, or any hereafter developed sewer districts. The rate shall reflect the cost of service for the City to intercept, treat, and dispose of the sewage from these systems, as set forth in para- graph (c) of this Section. (b) Flow meters will be installed at the point of connection of the County, the Terrace Heights and Union Cap systems, to the City system. The meters will bs installed by the City at the expense of the system requesting service and thereafter shall be owned and maintained by the City. (e) monthly sewage disposal charges shall be determined from the flow measured at the meters wing the following models Cu • Ct (Vu) Vt Definitions. Ct • Total treatment and disposal costs per wit of time. Cu • A user's charge for treatment and disposal per wit of time. Vu • Volume contribution from • user per wit of time. Vt • Total volume contribution from all users per unit of U. The City shall establish a separate wastewater treatment and disposal fund and shall prepare an annual budget of estimated costs for operating the wastewater treatment facilities at the start of each calendar year. which budget shall bs used as the basis for the treatment and disposal charges during the year. To the extent that the City's interceptor sewers are utilised to transport eastee from systema operated by the Two, District or County to the treatment facilities, the associated costs are an eligible part of the wastewater treatment and disposal charges. The budget -will be based on actual cost experience adjusted to reflect anticipated changed conditions. The wastewater treatment and disposal costs as used herein for determining monthly charges refers to total revenue requirements for the wastewater treatment and disposal operation. iligible coots include system administration, operation, maintenance. taxes, repair and replacements, debt service for existing and new collection. treatment and disposal facilities utilised by the participants. including the requirements of any resolution providing for the issuance of revenue bonds Operating surpluses, debt service coverage. reserve funds. the local share of payments from the industrial cost recovery elates or any other funds paid initially from the treatment and disposal charges shall be used exclusively for the benefit of the wastewater treatment and disposal facilities. (d) The City shall submit a bill for the monthly wastewater treatment and disposal charges to the Town, District, or County, on or before the last day of each month for the previous months volume. and such charge shall be dos thirty (30) days from the date billed. It any charge or portion thereof dos to the City shall remain for 15 days following its dos date. the town. District or County shall be charged with and pay to the City interest on the amount unpaid fres its due data until paid at the rata of i percent per annum, and the City say, upon failure to pay such amount, enforce payment by any remedy available by law or equity. (e) The monthly wastewater treatment and disposal charge shall be basad on the average sewage flows of each of the systems for the twelve (13) month period ending with the month being billed in order to reduce the effect of monthly variations in sewage flows on the treatment and disposal charges -3- .• (f) 1n additioe to the wastewater treatment and disposal eMrqe outlined above. if the 10O. suspended solids, or otter pollutant concentrations Iron a user emceed the range of concentration of thew pollutants In normal domestic swage, the City may levy a surcharqe which shall be computed as follows, Ca ■ bell) • ie (S) • PC (P) Yu l • Concentration of SOD from • user above • base love/ Sc • Westmont and disposal cost for a snit of blodemieal oxygen demand (BOO). G • A surcharge for wastewaters of excessive strength. P • Concentration of any pollutant from a user above • bass level. Pc • Tr.atent and disposal cost for a snit or any pollutant. • Concentration of suspended solids (SS) from a seer above a bass level. Sc • Treatment and disposal cost for a snit of suspended solids. Vv • Volume contribution from • uasr per it of time. For the purpose of determining the surcharge. 300 mg/1 shall bs used as the base level for SOD (S day) and suspended solids. (q) In the event of meter malfunctioning the City shall estimate the swage flow discharged by the Town, District or County in order to determine the applicable wastewater treatment and disposal charges. • • sunlow 41 sPLCIAL WASTES wastes prohibited by the Y.S. Environmental Protection Agency or by the Stat. Department of ccoloq waste of unusual quantity or organic strength, waste containing toxic or deleterious setter Incas., patible nca - patible with the waste treatment process. or that may bs Harmful to the treatment process or the quality of the receiving waters, shall not be discharged into the City's 'evens system except by Special Agreement. Consent to such special Agreement shill not be unreasonably wit ala. as a part of such special agreement. the City may require that concentration of such substances in waste discharged to its system be eliminated or reduced to acceptable limits by pro -treatment. The Tarn, the District and the County shall to responsible for ensuring that wastes discharged to their respective systems meet the relevant quality standards set forth by the Special Agreement. SECTION SI INDUSTRIAL COST =OVERT Aa required by the rules end regulations of the O.S. Environmental Protection Agency, the City shall establish • Cost Recovery Systss applicable to industrial customers. The amounts due by virtue of this section shall be collected by the responsible participants. SECTION 61 PERMITS i REGULATIONS The Town, the District and Na County shall be responsible for their respective sewer systems This includes obtaining any necessary permits, maintaining records, and reporting tc the Washington Stats Department of Ecology, the U.E. Environmental Protection Agency er other regulatory agencses The City of Yakima shall be responsible for satisfying the permit, records and regulatory requsre..rnts related to wastewater trsrtment and disposal .4- %oaf Industrial discharges shall likewise be responsible for obtaining any permits governing their waste discharges aid for asintainlnq any records or reports that may be required by the regulatory agencies • • • • Under no circumstances shall the City incur any liability for the District. Torn of County sewer systems or far industrial waste dischargers. SECTION 71 IV ILTnATION/INPLOw T'hs regulations of the U.S. Environmental protection Agency require that sewer systems !unclad by the Agency for loprowasents not be subject to 'eaceesive' infiltration/inl1w as defined by the Agency The City therefore reserves the right to require the District. the Town and the County to take corrective action to eliminate any excessive infiltration/inflow in their systems. SECTION Br TLSTIWG AMD COMPLIANCE The City shall have the right to sample swage discharged by the District. the Town and the County, in order to determine if the sewage is of unusual strength and subject to • surcharge or if Constituents incompatible with the treatment process are being discharged in harmful quantities. SECTION 1* AABITRATIOM It is understood and agreed that all claims, demands. disputes. differences. and kisunderstandintgs concerning this agreement and its interpretation that may arise between any of the parties hereto from the data basset until the termination of this Contract shall be submitted to and bs determined and settled by arbitration in the manner hereinafter setfortbr Each party to disputa shall appoint an arbitrator and the two arbitrators so chosen shall appoint a third arbitrator. In the event that the tem arbitrators so Choosen cannot agree upon a third arbitrator such third arbitrator shall bs appointed by the presiding Judas of the Yakima County Superior Court. It is further understood and agreed that in the event there are an odd number of disputes to any differences being arbitrated under this agreement. so that the appointment of an arbitrator by the arbitrators chosen by the disputants, leaves an even number of arbitrators than and is that •vent, the arbitrators chosen by the parties shall appoint two arbitrators or if they cannot agree upon said two arbitrators those arbitrators shall be chosen by the pre- siding Judge of the Eakins County Superior Court. A dee/lion of the majority 01 the arbitrators chosen in the manner set forth above shall be binding upon all parties amd all arbitration shall be conducted pursuant to Washington state Arbitration Ler. SECTION 101 POLICY AMD hcormarrRt sEwES at1VICt, 1EGIOMAI. p[ANWT1IG, AND GOVERNMENT SERVICES 1. Declaration of policy A. Takia* Urban Area. Attached hereto and incorporated herein. is a map entitled 'Yakima Urban Area' (EXHIBIT A). This reap designates end legally describes the Urban boundary of the Takia. Urban Ares. References herein to the 'Urban Assa' or •Area within the Urban boundary' refer to land within the boundary defined on inhibit A. C. 444 Sewer Service. It is declared by the four municipal bodies (parties to this agreement) Chet all of that area within the urban boundary be served by savers in accordance with the aforementioned Wastewater Pacilities Planning Study (Volume 1)n that the health and welfare ID of the community require that all property within the urban boundary have sewers evaslwele as soon is financially feasible and practical to do so. Purther. the City of Yakima will provide wholesale users with sufficient treatment pl+nt and interceptor capacity to handle the design sewage flow in Table 1I.7 of the Y ire wastewater Facilities Planning Study (Bock Study). These swage flow, and related antor- eation in the beck Study. comprise the Wiatew•ter Allocation Plan for the Yakima Urban Area. Any flanges in the Bock Study represent • changs in this Wastewater Agreement and therefore must be reviewed and approved in writing by all parties am specified in Section I1 of this Agreement. Regional Planning. The land within the planning boundary shall be controlled by the respective legislative bodies of the parties to this agreement wing • single long ranee comprehensive land use plan and common zoning and subdivision law. The Regional Planning Cbmmi..ion .hall serve as the long rang. planning body for the Urban Area. A hearings examiner shall maks current planning decioiona within the Urban Area (except in union Gap which will retain its planning commission to make recommendations on land u.• mutters within the Union Gap City limits). Decisions of the hearings examines shall be appealable to the affected legislative authority. At present, the City and Canty planning scoffs shall be maintained. Each planning department will continue to provide staff support on +1 land use proposal, within its respective jurisdiction. This arrangement shall not preclude future oonsideration of staff consolidation. D. Government Service,. It is the declared policy that residents and owners of land. except that devoted to agricultural purposes over 20 acres in site, within the urban boundary are best served by • city or town to provide municipal services rather than the county govern- ment and that residents and property owners shall henceforth be encouraged to annex to the adjoining city or town for municipal services, including sewer services. II. Agreement. In view of the foregoing declaration of policy, the parties to the Urban Yakima Asea Planning and Development Agreement,. dated November 12. 1174 and signed by the County of Yakima, the City of Yakima and the Torn of Union Gap. agree to reaffirm its purpose and pals, atter it is amended in the following respects$ A. Sectio. 1 of that agreement. pertaining to the creation and makeup of the Joint bard for Urban Yakima Area Planning and Development. shall be amended to read se follows Section 1. JOINT BOARD CREATED. A Joint board for Urban Yakima Area Planning and Development shall be created to consist. of two Yakima County Commissioners. two Yakima City Council members to ba appointed by the Council. and a Union Gap Council member to be appointed by the Con -rut • 400 • • Id 41111 S. Section 3 of that agreement. pertaining to purposes of the joint board, shall be amended to read as follows' Section 3. JOUR SOARD--Purpose. The Joint bard shall; 1. Serve u an intergovernmental liaison body for matters of mutual interest concerning the planning and development of the urban Yakima anal 2. Appoint a Regional Planning Commission as provided hersinbelow, and generally direct the areas of study and other functions of such Mgional Planning Coms■irc►on 3. Review recommendations made to it by the Regional Planning Commission; and common' on such recommendations as they ars submitted to the legislative bodies of the parties to this agreement 4. The parties agree to furnish a statement of taws mad easements to any property owner who requests saner service from the city, indicates a desire to fors a sewer LID inside the urban boundary, or hes signed an Outside Utility Agreement and is requested by the City to vera. This atetament of taws and assessments shall show the property owner the omeparative oasts and other factors associated with annexing to the City versus remaining in the unincorporated Area.' C. Section 4($) of that agreement, specifying the purpose of the Provisional Planning Coen/silos. shall be amended to read u follows* Section 4. =TONAL PLANNING COMMISSION. (1) Purpose. The Regional Planning Commission shall conduct studies and maks recommendations to the Joint bard and to the legislative bodies of the parties to ohms agreement concerning the planning and development of the Urban Yakima Area. specifically with regard to the following sub;ects; 1. Comprehensive land use; 2. Zoning ordinance; 3. Subdivision ordinance; and 4. Urban growth policy; and on such other subjects as may be requested from time to time by the Joint bard III. Planning Activities. The parties agree to reconvene the Joint board created by the urban Yakima Area Planning .uW Development Agreement as amended, which shall direct the Regional Planaiaq Commission to complete its planning assignment upon receipt of the appropriate planning. somieq and subdivision program, it is the intent of the legislative bodies of the respective parties to this agreement to establish. in eccardance with applicable laws A. A regional planning area for the Yakima Urban Area as defined by Exhibit •A'; 1. A Regional Planning Commission eliminating the city planning commission and relieving the County Planning Commission from jurisdiction within the boundary for the Yakima urban Area ss defined by Exhibit A. IV. Annexation by the City of Yakima. Except for the area served by the Terrace Heights Sewer District or the Town of Union Car or in 'h► v...oab waLnin the rename Urban Area who seek serer service, throuyl► them 7- 4 formation of 1.10'• or otherwise. shall be subject to the oonditioo that any property owner seeking 'ewer service whose land is located within the urban boundary. las designated oe L101ISIT a) shall. as a condition precedent to the receipt of sewer service by the City, be required to immediately some to the City, If feasible to do so. or to sign so agreement. u • covenant running with tho land to the effect that • petition to annex to the City of Yakima will hos signed if and when the landowner) 1e asked by the City to do so. =CWT. that annexation of areas that have been designated as Community Development *lock Grant target areas, and that have am active neighborhood improvcm•nt pro- gram, shall be delayed for a period of at least flus years after the provision of sewer and/or water service by the City unless the residents meek to annex earlier. • 1111 existing and new development within the unincorporated Urban Area. including any site or structural improvements shall bs subject only to issuance of appropriate development permits from the County end shall occur in atom -dance with adopted Urban area standards. V. Yakima County's Obligation to Enter Into the Service of Sewage Delivery. The County of Yakima agrees that it will not, is the Yakima Urban Area, enter the service of savage delivery unless •11 other entities involved have been enable or have refused to serve the arra concerned on a basis acceptable to the residents, and an impasse has been reached. In that event, and if • necessity for such service for the health and welfare of the people la the area involved is determined to exist. the County agrees that it will not provide sewer service to such area without a delaying period of 90 days after the impasse has developed. Durinq this period, the entities involved will by a joint committee attempt to resolve the issues cawing the impasse. SECTICe 11: NOTICE TO St GIVEN The City agrees to give the District, the Town and the County reasonable notice of sixty MU) days regarding any action constituting • change pertaining to the terms of this Agreement and Curtner agrees to provide that such change shall be reflected in • written document executed by the I...art/es to this Agreement. • s •cCTION 121 1F1T TIVt DATE a ?!*I Of CONTRACT This Agreement shall be in full force and effect and binding upon its execution. The Agreement shall continua in full fora and effect for • period of years established by the treatment and dislho:al facility bonds, and may be renewed thereafter by mutual agreement. ATTEST!. putY V:.lbw Depor• cilroe41. llpprotewl an to_ ro m this •� d clay of -)t j' , 1976 tl PYty Plro:c utinq Attorney • • • • •AP?resod' td 4a,1 _ . 1 city Attorney Y + � J'' C.; 4 T77LSTt• ��_ ed as to fors this this 197G day of .L , , 1976 .1 c 11 ' Ctyr.lttorney Approved u to Fors this 42.11 day o[F4/revri..4 1176 eltrtorney for Liit:Mot y ?mei 0? UNI01I (GAP A. Mayor Date .2 2' in TFAMC1. IHT.IGII;`3 SL%r_•a GI! Th2CT "'•1 r1 l s_,...• Chairman Da to•• �i� %1 , XX• Mechem Bluer Scewlc Drive r aaw�� 7.1.1 L /o psi L>v11.1T A YAKIMA URBAN AREA Me Amended by Text Amendment Mo. 1 Septembar, 1902 rar Terrace Heights Drive Gr Club load MS, a I& • mRemounlinge AAtenus Creek ur 1 • • !1 •