CON0000415 - 4/28/2020 - Interlocal CITY OF VANCOUVER ADJUSTING WATER UTILITY SERVICE BOUNDARIES and Water Service Shut Off aty0f
Contract & Agreement upload form
WASHINGTON
Agreement Contract Description*
Interlocal CITY OF VANCOUVER ADJUSTING WATER UTILITY SERVICE BOUNDARIES and Water Service
Shut Off
As described at the top of the Contract/Agreement,including other party.
City Staff Contact
(Responsible) Staff Contact Phone# Staff Contact Title
Sam Adams 4203 Utilities Manager
Contracting Contracting Agency Contact Email
Agency\Party Contact Contact Phone tyler.clary@cityofvancouv
City of VANCOUVER TYLER CLARY er.us
Department* Dept.Admin Assistant Additional Contact Information
Public Works SUSAN WILDE 4268
Type of Contract* Project Number
Interlocal Agreement(ILA)
Media Type*
Paper • Electronic Both
Additional Contract Information
Key words,other agency-related,ordinance,amendment no.to original contract dated
Start Date* Completion Date
10/24/2017
Expiration Date
Renews Automatically Specific Date
Upon Project Completion Other
Renewal/Termination/Extensions Terms*
(i.e.90 days written;until superseded;none specified) Disposition Authority#(DAN)*
none specified GS50-01-11
Description of Records
Contracts and Agreements- Retention Disposition Action
General 6 years Destroy
Designation
Archival-Appraisal Required Archival-Permanent Retention Essential
Non-Essential Non-Archival OFM
OPR
Remarks
Confidential Exempt Information
Comments
File Upload*
Interlocal City of Vancouver Water Utility Serivice Boundaries
797.35KB
CON0000415.tif
INTERLOCAL AGREEMENT FOR ADJUSTING
WATER UTILITY SERVICE BOUNDARIES AND WATER
SERVICE SHUT OFF
BETWEEN
City of Vancouver and City of Camas
THIS AGREEMENT, entered into by and between City of Vancouver("Vancouver") and
City of Camas ("Camas"), (hereinafter referred to collectively as the Water Purveyors),
WITNESS THAT:
WHEREAS, Clark County and the Water Purveyors conduct capital facilities and land
use planning under the Growth Management Act as adopted by the State of Washington
and subsequently amended; and
WHEREAS, RCW 70.116, P'iiblic, Wetter.Vystein Coordination Act, and WAC 246-293-
250 require development of a Coordinated Water System Plan, including establishment of
service area boundaries by written agreement among purveyors-,and
WHEREAS, the designation of water service area boundaries helps facilitate efficient
planning and delivering of water services within Clark County, avoid unnecessary
duplication of water services, and provide water operation predictability to the water
purveyors, Clark County,and the residents served by the public water system-,and
WHEREAS, the designation of water service area boundaries helps assure that available
water supply sources of the Water Purveyors will be utilized in an efficient manner.and
WHEREAS, Vancouver and Camas entered an Interlocal Agreement for Adjusting or
Confirming Future, Water Utility Service Boundaries, effective January 10, 2012, which
designated service area boundaries for the east boundary for Vancouver and the west
boundary for Camas, and which was reviewed and approved by the Clark County Board
of Commissioners pursuant to RCW 70.116.040; WAC 246-293-250; and 246-293-290;
and
WHEREAS, without the installation of additional tanks and pumps, Vancouver cannot
provide reliable water service at an adequate pressure to a portion of land currently
located within Vancouver's water service area boundary, which is shown as the "Area
Proposed to be Transferred to Camas"in Exhibit 'A' (hereinafter"Affected Area"); and
WHEREAS, Camas's water system has water supply at adequate pressure to provide the
Affected Area with reliable water service; and
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i
WHEREAS, it is in the best interests of Vancouver and Camas to make adjustments to
the water service area boundaries such that Camas will now provide water service to the
Affected Area; and
WHEREAS, Vancouver will provide sewer, stormwater and other municipal services
within the Affected Area; and
WHEREAS, Vancouver engages in a lengthy process including multiple steps and
actions to collect delinquent sewer and stormwater service charges. This process
consists of the following, (1) past due reminder sent 25 days after the bill date to
both the service address and the property owner of record, (2) past due final notice is
sent 37 days after the bill date to both the service address and the property owner of
record to notify that water service will be shut-off if payment is not received, (3)
after the 45`1' day the account is past due, water service is shirt-off, (4) after 12
months of non-payment, a notice of intent to file lien is mailed, (5) 30 days after the
intent to file lien is sent, lien is filed with the Clark County Auditor and property
owner notified, (8) after 24 months of non-payment, foreclosure process commences;
and
WHEREAS, almost all of the delinquent sewer and stormwater service charges are paid
during this lengthy collection process,and prior to the filing of foreclosure action; and
WHEREAS, when other efforts Fail, a cost ef'f'ective mechanism for collecting payment of
delinquent sewer and stormwater service charges is Vancouver's ability to shut off
(terminate) water service to a property; and
NOW THEREFORE, in consideration of covenants, conditions, performances, and
promises hereinafter contained the undersigned Water Purveyors hereto agree as follows:
I. Purpose
The purpose of this Agreement is to adjust Water Service Area boundaries of the Water
Purveyors that are parties to this Agreement and to provide a mechanism for shut off of
water service by Camas at the request of Vancouver for delinquent sewer and/or
stormwater service charges.
II. Effective Date
This Agreement shall become effective upon the occurrence of the approval of this
Agreement by the individual Water Purveyors' governing bodies, execution of this
document by their authorized representatives, the approval of this Agreement by the
Clark County Board of County Council, and recording with the County auditor.
III. Duration
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This Agreement shall remain in effect with regard to the individual Water Purveyors until
terminated. Such termination shall occur through the establishment of future water
service boundaries with the next update of the Coordinated Water System Plan.
IV. Property
Nothing in this Agreement shall create or transfer any interest in real or personal property
an-tong Water Purveyors. In the event any adjustment of a Future Water Service Area
boundary requires transfer of water facility assets from one Water Purveyor to another
Water Purveyor,a separate written agreement shall address the transfer of such assets.
V. Administration
No new or separate legal or administrative entity is created to administer the provisions
of this Agreement. This Agreement shall be individually administered by the respective
Water Purveyors, which shall each be individually responsible for financing its own
actions under this Agreement.
V1. Scope
1. Service Area Boundaries. The undersigned acknowledge that the map attached
to this agreement identified as Exhibit 'A" clearly identifies the current western water
service boundary for Camas and eastern water set-vice boundary for Vancouver as well as
the proposed water set-vice boundary to be established through this Agreement. In
addition, Exhibits B and C identify the final service boundaries for Vancouver and
Camas, respectively, which will become effective upon execution of this Agreement.
This signed Interlocal Agreement verifies that there are no service area conflicts with
adjacent water utilities.
2. Boundary Ad.iustments. If, at some time in the future, it is in the best interests
of the undersigned parties to make service area boundary adjustments, such modifications
must have the written concurrence of all involved parties and the proper legislative
authority/authorities, and must be noted and filed with Clark County and Washington
State Department of Health.
3. Water Service Shut Off. After Vancouver has completed its delinquent sewer
and/or stormwater service charge collection process for property that has delinquent
charges, Vancouver's Public Works Director or designee may file a written request with
the Camas Public Works Director or designee to shut off water service for such property.
Upon receipt of the request, the Camas Public Works Director or designee will shut off
the water service following the Camas procedure and requirements for shutting off water
service for nonpayment of Camas water service charges. The water service shall remain
shut off until the delinquent sewer and/or stormwater service charges, plus penalties,
interest and fees, have been paid in full or the property owner and Vancouver have
entered into a payment arrangement. The Vancouver Public Works Director or designee
shall notify the Camas Public Works Director or designee when the charges have been
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paid in full or the payment arrangement has been entered into. Vancouver estimates that
requests to shut off water service will be infrequent_
VII. Interpretation
This Agreement has been and shall be construed as having been made and delivered in
the State of Washington and it is mutually agreed and understood by the Water Purveyors
that this Agreement shall be governed by the laws of the State of Washington. Venue for
any lawsuit arising from or related to this Agreement shall be the Superior Court of Clark
County, Washington.
VIII. Amendments/Modification
The provisions of this Agreement may be amended only upon the mutual consent of the
Water Purveyors. No amendments to the terms of this Agreement shall be valid unless
made in writing and formally approved and executed by the duly authorized agents of the
Water Purveyors and Clark County, and recorded with the Clark County Auditor.
IX. Severability
If any section or part of this Agreement is held by a court to he invalid, such action shall
not affect the validity of any other part of this Agreement.
X. Entire Agreement
This Agreement contains all of the agreements of the Water Purveyors with respect to the
subject matter covered or mentioned herein, and no prior Agreement shall be effective to
the contrary.
XI. Counterparts
This Interlocal Agreement may be executed simultaneously in several counterparts, each
of which shall be deemed an original, and all of which together shall constitute one and
the same instrument.
XII. Document Filing
The Water Purveyors agree that there shall be one (1) original of this Agreement
procured and distributed for signature by the necessary officials of the Water Purveyors.
Upon execution, this Agreement shall be retained by the Clark County Community
Planning and each Water Purveyor shall retain one (1) copy. The Parties shall cause a
copy of this Agreement to be recorded with the Clark County Auditor.
As specified in WAC 246-293-250, Service Area Agreements-Requirements, this
Agreement shall become effective once this document is approved by the Clark County
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Board of County Council. The Parties will ensure this Agreement is filed with the County
auditor within five(5) days of approval by the Clark County Board of County Council.
This Interlocal Agreement for Adjusting Water Utility S ce Boundaries and Water
Service Shut Off is hereby approved.
CICO Rk CITY O AMAS
By: By: '
City Manager Mays
Approved as to forth: Approved as to form:
City Attorney City Attorney
Atst Attest:
City Clerk Ci 4,CN,rk
APPROVED BY CLARK COUNTY BOARD OF COUNTY COUNCIL, CLARK
COUNTY, WASHINGTON
4ro hair- John Blom, Councilor
Jeanne E. Stewart, Councilor Eileen(wiring, Councilor
peke-)V �
Antlro y F. Goli , Clark County Prosecutor
Julie Olson, Councilor /
By: Y
Resolution No. Christine Cook, Senior Deputy P secttting
Attorney `���s+11F1(111/���
Date: I o--24 ,,S�'� � AUNTY,
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-670577.1 1035251 10001 -5-
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Exhibit"A"
City of Vancouver/City of Camas
Water Service Boundary Proposed Change `
_... 42ND Camas
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Vancouver
Vancouver
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Legend
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Am Propose®to be Transfeneo m Gammas 0 500 Feet
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January 31.2017
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