Rental Agreement with LC SWDD#1 for East Lewis County Transfer Station in Morton BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF:
Approving rental agreement between Lewis County ) RESOLUTION NO. 18- D31
and Solid Waste Disposal District #1 of Lewis
County for the East Lewis County Transfer Station )
in Morton and authorizing signature thereon )
WHEREAS, the Board of County Commissioners (BOCC) has reviewed a renewal agreement
with the Solid Waste Disposal District #1 of Lewis County (District), a quasi-municipal corporation, for
the rental of the East Lewis County Transfer Station in Morton (attached as Exhibit A); and,
WHEREAS, a notice of intention to lease, as required by RCW 36.34.160, was published in a
legal newspaper at least once a week for a duration of three weeks and visibly posted in the
courthouse for the same period of time; and,
WHEREAS, a hearing was held on the 22nd day of January, 2018, at or after the hour of 10:00
A.M., in the BOCC hearing room, during which all persons appeared and were heard upon said
agreement; and
WHEREAS, it appears to be in the best public interest to authorize said agreement with the
District;
NOW, THEREFORE BE IT RESOLVED that the BOCC hereby approves said agreement with
the District for the rental of the East Lewis County Transfer Station and the BOCC is authorized to
sign the agreement on behalf of Lewis County.
DONE IN OPEN SESSION this 22nd day of January, 2018.
APPROVED) d FOR : BOARD OF COUNTY COMMISSIONERS
Jonath ,er Pr.-cutis• Attorney LEWIS COUNTY, ASHINGTON
2�i ,
By: Civil De.. Edna J. Fund, Ch. /
1S COUNl.} /
14 / •
ATTEST: o �o o��\ Robert C. Jackson, Vice Chair
Cr--6111'
SINCE
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Rieva Lester, Clerk of the Lewis O�-punty45 Gary amper, Commissioner
Board of County Commissioner �QmI`fLs��tic;f •
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Exhibit A
RENTAL AGREEMENT
FOR RENTAL OF SOLID WASTE TRANSFER STATION
This agreement, executed in duplicate between Lewis County, a municipal corporation (hereinafter referred to
as the "County), and Lewis County Solid Waste Disposal District#1, a quasi-municipal corporation (hereinafter referred
to as the "District"), dated
WITNESSETH:
Whereas, counties and solid waste disposal districts have the authority to provide for disposal of solid wastes
and are authorized under provisions of Chapter 39.34 RCW and RCW 39.34.080 to contract with one another for the
provision of any governmental service, activity, or undertaking that each public agency entering into the agreement is
authorized by law to perform, and
Whereas,the County constructed a solid waste transfer station (the "Facility") on approximately 6.50 acres of
property at 6745 U.S. Highway 12, Morton,Washington; and,
Whereas,the County is authorized to enter into a lease agreement with the District pursuant to RCW 36.34.180
and LCC 3.30.450 et seq.; and,
Whereas,the District has rented the Facility from the County since August 1, 1996, which has allowed the
District to use the Facility to meet its obligations to customers within the boundaries of the District; and,
Whereas, the County is willing and able to continue renting the Facility to the District based upon the same
rental rate; and,
Whereas, RCW 36.34.160 states that prior to a board of county commissioners making a decision regarding the
lease of property, notice of the intention to lease must be published in a legal newspaper at least once a week for a
duration of three weeks, and a notice of the intention to lease must also be visibly posted in the courthouse for the
same period of time; and,
Whereas, RCW 36.34.160 also states that said notice will announce that the board of county commissioners
plans to meet at the county courthouse on a designated day and time within a week after three weeks of publication of
the notice, and that the public may appear and comment on the agreement during said meeting; and,
Whereas,the notice of intention to lease was published and posted as required in RCW 36.34.160, and a public
hearing was held during a meeting of the County on January 22, 2018, during which the public was given the opportunity
to appear and comment on this agreement.
IT IS HEREBY AGREED AS FOLLOWS:
Term of Agreement
This agreement shall be effective from January 1, 2018 through December 31, 2022.
II. Scope of Agreement.
This agreement is for the rental of the Facility owned by the County and operated by the County
Department of Public Works, Solid Waste Division, pursuant to an interlocal agreement with the District.
2 I P a g e
III. Rental Amount.
The monthly rental for the Facility shall be One Thousand Eight Hundred Fifty-Nine Dollars ($1,859), payable
monthly to the County by the District.
IV. Obligations of the County
The County shall be responsible for:
1. Insuring the Facility.
2. Payment for non-routine repairs.
V. Obligations of the District
The District shall be responsible for:
1. Maintenance and upkeep of the Facility.
2. Payment for routine repairs.
VI. Termination.
This agreement may not be terminated by either party without written consent of the other party received
90-days in advance.
VII. Reopener.
Sections III, IV, and V of this agreement may be renegotiated upon mutual consent of the County and the
District with one year's notice.
3IvaRe
This agreement shall become effective upon signature by all parties hereto and upon its filing with the Lewis County
Auditor and the Washington Secretary of State.
BOARD OF COUNTY COMMISSIONERS
ATTEST: LEWIS COUNTY,WASHINGTON
8:2" �.�
Rieva Lester, Clerk of the Lewis,„ / � �• -E•na J.i Fund, Chair/
,.t\ YN••
County Board of County Comr issicner iV }
APPROVED AS TO FORM g9 �f TS- •j i�
•� `�'� Robert C.Jackson, Vice Chair
' :�SISSI_
JONATHAN MEYER am s� rcO° "
Prosecuting A •rn1 "
Gary Sta er, Membr
r
Chief CSC I • •uty
CHAIR
GOVERNING BOARD OF COMMISSIONERS
ATTEST: LEWIS COUNTY SOLID WASTE DISPOSAL
DISTRICT#1
Clerk of the Board, Lewis
County Solid Waste Disposal
District#1
41
[BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date: Jan 22, 2018
Suggested Wording for Agenda Item: Agenda Type: Hearing
Approving rental agreement between Lewis County and Solid Waste Disposal District#1 of Lewis County for
the East Lewis County Transfer Station in Morton and authorizing signature thereon
Contact Steve Skinner or Donna Zuber Phone: Ext. 1403 or 1451
Department: Public Works
Action Needed: Approve Resolution
Description
The rental agreement for the East Lewis County Transfer Station, which expired December 31, 2017, is between
Lewis County, owner of the facility, and the District. The agreement first became effective August 1, 1996;
expired December 31, 2012; and was renewed March 4, 2013. The proposed renewal agreement is effective
January 1,2018 and expires December 31,2022.
According to RCW 36.34.160, the public must be allowed to comment on the agreement. Therefore, a
resolution was approved December 18, 2017, establishing a hearing to be held on January 22, 2018; and a notice
of intention to lease was published at least once a week for a duration of three weeks and visibly posted in the
courthouse for the same period of time.
All terms and conditions of the renewal agreement remain the same as the 2013 agreement with payments to
Lewis County in the amount of$1,859 per month.
Publication Requirements:
Approvals:
Hearing Date: Jan 22, 2018
User Group Status , Publications:
Amrine, Kim Public Works Pending
Martin, Erik Public Works Pending Publication Dates:
Skinner, Steve Public Works Pending
Additional Copies
Steve Skinner
Donna Zuber
Kim Amrine