04-023 Aquifer Protection Area Revenues rim
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City of Spokane Valley GOVERiCIElfi, CITY OF S20K AGR $23.00 Spotane Co, 'W'A
Attn: City Clerk
1 I707 E. Sprague Ave., Suite 106
Spokane Valley, WA 99206
INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND TWE CITY OF
SPOKANE VALLEY REGARDING USES AND ALLOCATION OF AQUIFER PROTECTION
4 0706 AREA REVENUES
This interlocal Agreement by and between the City of Spokane Valley, a municipal corporation
of the state of Washington, having offices for the transaction of business as 11707 East Sprague Avenue,
Suite 106, Spokane Valley, Washington 99206, ("CITY") and Spokane County, a political subdivision of
the state of Washington, having offices for the transaction of business at 1116 West Broadway Avenue,
Spokane Washington, 99260 ("COUNTY") hereinafter sometimes referred to as the PARTIES.
The CITY and COUNTY agree as follows:
Section 1: RECITALS AND FINDINGS
1.1 The CITY is located in the Aquifer Protection Area established by Spokane County Ordinance
85-0641, dated July 30, 1985 pursuant to the provisions of chapter 36.36 RCW (AQUIFER
PROTECTION AREAS).
1.2 On December 31, 2005, the authorization to collect Aquifer Protection Area fees will terminate.
1.3 The COUNTY has suggested to the CITY that a ballot proposition be placed before the voters
to re-authorize the establishment of the Aquifer Protection Area for another 20-years and
impose fees on the withdrawal of subterranean water and on on-site sewage disposal.
1.4 On June 8, 2004, the Spokane Valley City Council passed Resolution Number 04-016
approving the inclusion of its municipal boundaries within the boundaries of the reauthorized
Spokane Aquifer Protection Area, subject to approval by Spokane Valley and Spokane County
of an Interlocal Agreement regarding use of the funds.
1.5 The purpose of this Agreement is to satisfy the condition in the Spokane Valley Resolution
Number 04-016 regarding use,of the funds.
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GOVERMENT, CITY OF S'0KA AGR $23.00 Spokane Co. 1A
Section 2: USES AND ALLOCATIONS OF AQUIFER PROTECTION AREA FEES
2.1 The CITY authorizes the COUNTY to charge reasonable administration, billing, and customer
account activities/services to the COUNTY budget fund that has been established for the
Aquifer Protection Area Fees (commonly identified as Budget Fund 436). All charges shall
relate directly to activities/services performed by COUNTY staff in conjunction with the
administration, billing and customer account activities related to the Spokane Aquifer
Protection Area. Charges shall be based on actual costs, on a monthly basis.
2.2 The CITY authorizes the COUNTY to charge all activities related to the COUNTY's Water
Resources Program, including but not limited to aquifer monitoring, aquifer data management,
aquifer studies, coordination of aquifer protection activities, and similar efforts to Fund 436.
For the purpose of this provision the terminology Water Resources Program shall mean those
activities included in budget Fund 436, Department 751. Charges will occur on a monthly
basis.
2.3 The CITY authorizes the COUNTY to transfer up to $100,000 annually through year 2010
from Fund 436 to the Spokane Regional Health District to provide for data base management
related to monitoring of septic tanks in the Aquifer Sensitive Area. For the purpose of this
provision, the terminology Aquifer Sensitive Area shall mean the area where activities on the
ground, surface can affect the water quality in the Spokane Valley Rathdrum Prairie Aquifer.
The actual amount transferred shall be determined by the Spokane County Utilities Director, in
the annual budget for Fund 436, and as approved by the Board of County Commissioners.
Transfer of such money shall occur in one lump sum or in installments, provided there is
sufficient money in Fund 436 to make such transfer(s).
2.4 The CITY authorizes the COUNTY to transfer $500,000 annually through year 2010 from
Fund 436 to the City of Spokane for activities as authorized under RCW 36.36.040. Transfer of
such money shall occur in one lump sum or in installments provided there is sufficient money
in Fund 436 to make such transfer(s).
2.5 The CITY authorizes the COUNTY to utilize all revenues remaining from annual Aquifer
Protection Area fees imposed pursuant to chapter 36.36 RCW, for the years 2006 through 2010,
after disbursements authorized in Items 2.1 through 2.4, for subsidies to reduce the Capital
Facilities Rates charged to properties included in annual Septic Tank Elimination Projects.
During this period, the Aquifer Protection Area fees will be used to benefit all new customers
in the Septic Tank Elimination Projects equally. For the purpose of this provision, the
terminology Capital Facilities Rate(s) shall have that meaning set forth in Spokane County
Section 8.03.1135. The terminology Septic Tank Elimination Projects shall mean those sewer
projects identified in the Capital Improvement Program of Section 4 of the Spokane County
2001 Comprehensive Wastewater Management Plan,as hereafter amended.
2.6 The CITY and COUNTY agree that for the years 2011 through 2025, annual Aquifer Protection
Area fees remaining after disbursements authorized in Items 2.1 and 2.2 will be distributed
annually between the COUNTY, the CITY, and the City of Spokane on a proportional basis
relative to the amount generated in unincorporated areas, the CITY, and the City of Spokane.
Provided, however, the Aquifer Protection Area fees shall be used exclusively and solely for
purposes authorized under RCW 36.36.040.
2.7 The CITY and COUNTY agree that the either party may audit the other's use of Aquifer
Protection Area fees at any time during this Agreement to determine compliance with RCW
36.36.040. If it is determined that the CITY's use of the Aquifer Protection Area fees is not
consistent with the allowable uses provided under RCW 36.36.040, the COUNTY will
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G01`ERPl1ER, CITY OF $TOKA AGR $23.00 Spo"tane Co, WA
withhold subsequent Aquifer Protection Area fees equal to the amount of fees that were
determined to be inconsistent with allowable uses under RCW 36.36.040. If it is determined
that. the County's use of the Aquifer Protection Area fees is not consistent with the allowable
uses provided under RCW 36.36.040, the COUNTY will reimburse Aquifer Protection Area
fees equal to the amount of fees that were determined to be inconsistent with allowable uses
under RCW 36.36.040.
Section 3: GENERAL
3.1 Modification. This Agreement may be modified in writing by mutual written agreement of the
PARTIES.
3.2. All Writings Contained Herein/Binding Effect. This Agreement contains terms and conditions
agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral
or otherwise, regarding the subject matter of this Agreement.
3.3 Jurisdiction And Venue. This Agreement has been and shall be construed as having been made
and delivered within the State of Washington and it is mutually understood and agreed by each
party that this Agreement shall be governed by the laws of the State of Washington both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for the
enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of
competent jurisdiction within Spokane County, Washington.
3.4 Records. All public records prepared, owned, used or retained by COUNTY in conjunction
with this Agreement shall be deemed COUNTY property and shall be made available to CITY
upon request by the City Manager.
3.5 Headings. The section headings appearing in this Agreement have been inserted solely for the
purpose of convenience and ready reference. In no way do they purport to, and shall not be
deemed to define, limit or extend the scope or intent of the sections to which they pertain.
3.6 Assignment. This Agreement shall be binding upon the PA.RTiIS hereto, their successors and
assigns. No party may assign in whole or part its interest in this Agreement without the written
approval of all other PARTIES.
3.7 Filing. This Agreement shall be filed by the County with such offices or agencies as required
by chapter 39.34 RCW.
3.8 Notice. All notices or other communications given hereunder shall be deemed given on: (1)the day
such notices or other communications are received when sent by personal delivery; or(ii)the third
day following the day on which the same have been mailed by first class delivery, postage prepaid
addressed to COUNTY at the address set forth below for such Party, or at such other address as
COUNTY shall from time-to-time designate by notice in writing to the other PAR`ITS:
COUNTY: Spokane County Chief Executive Officer or his/her authorized
representative
1116 West Broadway Avenue
Spokane, Washington 99260
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CITY: City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
Section 4: EFFECTIVE DATE AND DURATION
4.1 This Agreement shall be effective as of January 1, 2006, provided that the voters by simple
majority vote re-authorize the creation of the Aquifer Protection Area as provided for in RCW
36.36.030, and shall continue until December 31, 2025, or until the re-authorized Aquifer
Protection Area sunsets as provided for in the ballot proposition, whichever is sooner.
Section 5: SEVERABILITY
5.1 it is understood and agreed among the PARTIES that if any parts, terms or provisions of this
Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected in regard to the remainder of the Agreement. if it should appear that any part, term or
provision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall
be deemed to modify to conform to such statutory provision.
Section 6: EXECUTION AND APPROVAL
6.1 The Parties warrant that the officers executing below have been duly authorized to act for and
on behalf of the Party for purposes of confirming this Agreement.
6.2 This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute but
one and the same.
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G7'/E NE11T, 011Y OF SPOKA ACR $23.00 Spokane Co, EA
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year opposite their respective signatures.
BOARD OF'COUNTY COMMISSIONERS OF
SPOKANE COUNTY, WASHINGTON
( con1,tr . of --A,
i �,, T% PHIL 1' DQ; VAg44k1;ec�,L
RRIS, Chair
∎,, C(:) .....i M. KATE M e . SLIN, Vice Chair
/ azige
: lOS. °LL.EY,Commissio r
DATED: ,.iA.1 ir ,I/
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
BY: I/ /t , , ^ .
Danicla Erickson, Deputy
CITY OF SPOKANE VALLEY:
By: ��
DAVID R. MERCIER
Its: City Manager
DATED: 0 870 5//b 4/
ATTEST:
r
B / 72)eiiIi- ‘-
Christine Bainbridge,City Clerk