HomeMy WebLinkAbout4589
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ORDINANCB NO. .. 5 8 9
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN ,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
NEW INTERLOCAL AGREEMENT FOR REGIONAL PLANNING OF THE CENTRAL
PUGET SOUND AREA, PREVIOUSLY EXECUTED PURSUANT TO ORDINANCE
NO. 4494 AS AMENDED BY ORDINANCE NO. 4509.
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WHEREAS, the Interlocal Cooperation Act of 1967, Chapter
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39.34 R. C. W. , authorizes local governments to enter into
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agreements on the basis of mutual advantage in ()rder to make
the most efficient use of their powers and thereby provide the
most effective services to fulfill the needs and development
of their communities;
WHEREAS, on May 20, 1991, pursuant to Ordinance No. 4494,
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the city Council approved the execution of the Interlocal
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Agreement for Regional Planning of the Central puget Sound
Area which established the puget Sound Regional council; and
WHEREAS, on May 20, 1991, pursuant to Ordinance No. 4509,
the City Council approved an amendment to th.e Interlocal
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Agreement to provide the counties with mor,e reasonable
representation by allowing the counties to have a vote equal
to the cities at both the General Assembly and 'the Executive
22 Board and also to allow any member of the Regional Council at
23 any time to call for a "weighted vote".
24 WHEREAS, a new state law, Engrossed Substitute House Bill
25 2610, requires the puget Sound Regional Council to add the
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Ordinance No. 4589
October 6, 1992
Page 1
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Washington state Department of Transportation, the Washington
state Transportation Commission, the Port of Seattle, the Port
of Tacoma, and the Port of Everett to the Execu·ti ve Board of
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the Council to remain eligible for approximately $600,000 in
state planning funds.
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WHEREAS, the Executive Board has also reco~nended that a
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new dues methodology be established which is based on assessed
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value and population rather than on the amount of each
jurisdiction's
general
fund
the
makeup
of
each
as
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jurisdiction's general fund differs among the jurisdictions.
WHEREAS, the Interlocal Agreement previously approved and
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amended by the City Council must be changed to add the above
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stated agencies to the Executive Board of the puget Sound
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Regional Council and to establish the new dues methodology.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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seotion 1.
The Mayor and City Clerk of the City of
Auburn are hereby authorized to execute, for and on behalf of
the City of Auburn, a new Interlocal Agreement for Regional
Planning of the Central puget Sound Area which :is delineated
as Exhibit "A", attached hereto and incorporated herein.
seotion 2.
The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
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Ordinance No. 4589
October 6, 1992
Page 2
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section 3. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
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INTRODUCED:
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PASSED:
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APPROVED:
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MAYOR
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ATTEST:
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~ J¡¡)()-!UIÜ'ÁL?;u
Rob1n Woh ueter,
City Clerk
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APPROVED AS TO FORM:
7f1rwv MktF
Stephen R. Shelton,
City Attorney.
PUBLISHED:-
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Ordinance No. 4589
October 6, 1992
Page 3
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II
PUGET SOUND REGIONAL COUNCIL
INTERLOCAL AGREEMENT FOR REGIONAL PLANNING
IN THE CENTRAL PUGET SOUND AREA
MARCH 11, 1993
This agreement revised the "Interlocal Agreement for Regional P'lanning of
the Central Puget Sound Area," dated September 30, 1991, pursuant to
Article X, Section B.
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INTERlOCAl AGREEMENT FOR REGIONAL PLANNING
OF THE CENTRAL PUGET SOUND AREA
This Agreement is entered into by and between the undersigned Counties, Cities and Towns, political
subdivisions and municipal corporations of the State of Washington and federally recognized Indian tribes. This
Agreement Is made pursuant to provisions of the Interlocal Cooperation Act of 1967, Chaptnr 39.34 R.C.W. and
has been authorized by the legislative body of each jurisdiction pursuant to formal action al: designated on the
signature page.
I. NAME AND PURPOSE
The purpose of this Agreement Is to establish the PUGET SOUND REGIONAL COUNCil, hereinafter called the
'Reglonal Planning Agency," and the terms and conditions under which the parties shall pantlclpate In the
activities of the Regional Planning Agency.
II. MISSION
The mission of the Regional Planning Agency Is to preserve and enhance the quality of life 111 the central
Puget Sound area. In so doing, It shall prepare, adopt, and maintain goals, policy, and standards for regional
transportation and regional growth management In the central Puget Sound area, In accordance with federal and
state law and based on local comprehensive plans of jurisdictions within the region. The agency shall ensure
Implementation In the region of the provisions of state and federal law which pertain to regional transportation
planning and regional growth management.
III. ESTABLISHMENT OF REGIONAL PLANNING AGENCY; DURATlOIN
This Agreement shall become effective upon execution by sixty (60) percent of all of the units of general
government In King, Kitsap, Pierce, and Snohomish Counties, Including the counties, repreSElntlng three-quarters
(3/4) of the population. This Agreement shall remain In force and effect perpetually or until terminated by
member agencies which represent seventy-five (75) percent of the regional population.
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IV. DEFINITIONS
For the purpose of this Interlocal Agreement and all other agreements, contracts and documents executed,
adopted or approved pursuant to this Agreement, the following terms shall have meaning prescribed to them
w~hln this section unless the context of their use dictates otherwise:
(1) Member acencv shall mean any public agency which Is a party or becomes a party to this Interlocal
Agreement and Is a county, city, town or federally recognized Indian tribe.
(2) Statutory member shall mean any public agency whose membership Is required by a state or federal
statute.
(3) Public acencv shall mean any city, town, county, public utility district, port district, fire protection district,
school district, air pollution control authority, federally recognized Indian tribe, or mEltropolitan municipal
corporation of this State, any agency of the State government or of the United States and any political
subdivision of another state.
(4) Board shall mean the Executive Board of the Puget Sound Regional Council.
(5) State shall mean a state of the United States.
(6) Reaion shall mean that territory physically lying within the boundaries of the counties of King, Pierce,
Snohomlsh, Kitsap and any other member county.
(7) Pooulation shall mean that population of any general purpose local government that Is a member agency
last determined for each such member as certified by the State Office of Financial Management or its
succeeding office of the State of Washington at the time of the signing of this document and on the first
day of May of each year thereafter, except that the population of member counties shall be that
population determined In the same manner for the unincorporated area of such county; and further that
the population of Indian tribes shall be the latest figures established and certified by Ithe Federal Bureau
of Indian Affairs.
(8) Recional oooulatlon shall be determined by adding together the population of the mElmber agencies.
(9) Local comorehensive alan: A generalized coordinated land use policy statement of the governing body
of a county or city that Is adopted pursuant to state law.
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(10) CountYWide comorehensive pollcv plan: A policy-based document (which reflects city and county
comprehensive plans), establishing countywide goals and objectives to guide the development of local
comprehensive plans for cities, towns, and the unincorporated areas within a county. The plan
addresses issues of countywide significance.
(11) Certification: A statement of verification that local or countywide plans and policies lire consistent and
coordinated with regional plans and policies covering Issues of regionwlde slgnWlcance.
(12) Consistency: A condition In which plans and policies affecting the area within the re,glonal agency's
jurisdiction are compatible and mutually reinforcing. Consistency is achieved when these plans, taken
together, meet state requirements for consistency In local and regional plans.
(13) Conflict resolution: A process Initiated by the Regional Planning Agency upon review of local
comprehensive plans or of countywide comprehensive policy plans, when the agency finds that such a
plan appears Inconsistent with the certifiable elements of the regional plan. In the process, parties agree
to seek a mutually acceptable accommodation of their differences among themselve!1 or, when required,
with the assistance of an Independent intervener or third party. The purpose of the process is to achieve
consistency and, where applicable, to assure certification of the plan. If the parties cannot accommodate
their differences, the conflict will be resolved by the board of hearing examiners described In Section 7(5)
hereof.
(14) ~: Statement of an aim or desired outcome of a plan or planning process.
(15) Growth manaaement: A system for guiding, directing, limiting, and encouraging growth so that the
demands for housing, Infrastructure, and other growth support systems can be met. Growth
management Includes but goes beyond concern for natural systems, embracing also social, economic,
and legal issues. At its best, a growth management system can and will separate urban and rural areas
In a way that protects open space, farmland, and natural areas In the rural countryside, and provides for
land, densities, and Infrastructure to support needed residential, commercial, and Industrial facUitles.
(16) Metropolitan Plannina Oraanizatlon (MPO): The agency designated by the United Staltes Department of
Transportation and the governor that Is responslble,ln cooperation with the State, for ¡ensuring that
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transportation planning is conducted through a "continuous, cooperative, and comprehensive (3-C)
process." The process Is stipulated in federal law.
(17) Minimum standard: The quantitative or qualitative measure applied to an activity, tSlsk,or function to
determine If the region is achieving expectations for a planning objective. Higher standards may be set
for the same objective In local plans.
(18) Oblective: Statement of a concrete result to be obtained from a plan.
(19) Pollcv /Guldellnes: A statement establishing the framework within which actions to Ilchleve objectives
can be taken. A policy often specifies direction but Is broad enough to allow altemlltlves to be evaluated.
(20) Reaional arowth manaaement strateav: A planning document that establishes a vision and policy on
regional aspects of growth issues. Including transportation. land use, open space, housing, economic
development, and environmental concerns.
(21) Realonallv sionlficant transportation orolects: As defined by state law, such projects exhibit one or more
of the following characteristics:
1. The project crosses boundaries of member jurisdictions;
2. The project Is or will be used by a significant number of people who live or work outside the county
in which the project is located;
3. Significant Impacts from the project are expected to be felt In more than one county;
4. Potentially adverse impacts of the project can bè better avoided or mitigated through adherence to
regional policies;
5. Transportation heeds addressed by the project have been Identified by the regbnal transportation
planning process and the remedy Is deemed to have regional significance.
(22) Reaional Transportation Plannlna Oraanlzatlon (RTPOI: An agency authorized under state law to develop
and adopt a regional transportation plan, and to certify that the transportation elements of local
comprehensive plans conform to requirements of state law and are consistent with the regional
transportation plan. In urbanized areas, the RTPO is the same as the MPO.
(23) Sensitive areas: These Include the following areas and ecosystems: wetlands, groundwater aquifers, fish
and wildlife habitat conservation areas, floodplains, geologically hazardous areas.
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(24) Settlno cateaories of Driorltles: An annual or biennial evaluation by the regional agency of regionally
significant transportation projects recommended for funding. Evaluation Is made on the basis of general
criteria, to establish regional preference for federal and state funding and construction among the
recommended projects.
(25) Urban arowth areas: As defined In state law, areas within which urban growth shall be encouraged and
outside of which growth can occur only ~ It is not urban In nature.
(26) ~: Statement of a desired future.
V. MEMBERSHIP AND REPRESENTATION
A. MembershiD. Membership In the Regional Planning Agency shall be available to all I:tatutory members
and to the County and all City governments in King, Kltsap, Pierce, and Snohomlsh Counties.
Membership by county and city governments is established by execution of this AgrE!ement and payment
of dues.
1. All federally recognized Indian Tribes within the Jurisdiction area are eligible to petition for approval
as members of the agency, with voting representation In the General Assembly.
2. Special purpose governments and other State government agencies are eligible to petition for
approval as members of the organization, but without voting representation In the General
Assembly.
B. General Assemblv.
1. The General Assembly shall be composed of all elected officials representing thE! executive and
legislative branches of cities, towns, and counties which are members of the agElncy, representatives
of Tribal governments which are members, and representatives of statutory members.
2. The General Assembly shall make decisions when a quorum Is present, and on the basis of a
weighted vote of the members, with the weight of each city and county jurfsdlctlo)n vote as follows:
total votes of all city and county jurisdictions within each county will be proportlclnal to each
county's share of the regional population. County government will be entitled to fifty (50) percent of
their respective county's total vote. City and town votes will be based on their rE!Spectlve share of
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the total incorporated population of their county. Indian Tribe vote will be basled on their respective
share of the regions' population. The vote of statutory members shall be as prescribed In the
the matter of voting.
applicable statute or as determined by the Executive Board where the applicable statute Is silent on
C. Executive Board,
1. The Executive Board shall be composed of statutory members and members elf the General
Assembly, representing the four counties and their cities.
2. The Executive Board shall make decisions when a quorum is present. Votes for member agency
jurisdictions represented on the Board will be proportional to the total population within the regional
agency's jurisdiction. Up to one vote in any such membership category may be split to achieve
greater proportional representation. Votes for statutory members shall be as prescribed In the
applicable statute or as determined by the Executive Board where the applicable statute Is silent.
Weighted votes shall be distributed as defined In Section V.B.2. Weighted votes shall be used
when requested by any member of the Executive Board and Representatives present shall cast the
established as follows:
jurisdiction's total weighted votes. Initially, the Board membership and voting s:tructures shall be
Member
Jurisdiction
Representatives
King County:
County
Largest City (Seattle)
Other Citles/Towns
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3
3
Kitsap County:
County
Citles/Towns
1
1
Pierce County:
County
Largest City (Tacoma)
Other Citles/Towns
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2
1
Snohomlsh County
County
Largest City (Everett)
Other Cities/Towns
2
1
1
Member Jurisdiction Totals
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Weighted
Votes Votes
4 275
3 144
3 131
1/2 35
1/2 35
2 105
1-1/2 75
1/2 30
2 85
1 29
1 56
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Statutory Members:
Port of Seattle 1 1 50
Port of Tacoma 1 1 30
Port of Everett 1 1 10
State Transportation Commission 1 1 30
State Department of Transportation 1 1 30
Statutory Member Totals 5 5 150
GRAND TOTALS 26 24 1150
3. The distribution of county and city representation on the Board between and w~lhln counties shall be
reconsidered every three years based on current population data provided by the State Office of
Financial Management.
4. Member agency representatives on the Board shall be elected officials and shall be appointed by
the local jurisdictions which they represent on the Board. Alternate member aglmcy representatives
to the Board may be designated who are elected officials and are of the same number as the
authorized Board membership for each jurisdiction or group of jurisdictions. Appointment of
statutory members and alternates shall be at the discretion of the appointing authority.
5. Members of the Board eligible to cast votes in the decision-making process of the Board shall be
designated by the jurisdictions they represent at the beginning of each calendar year.
VI. GENERAL ORGANIZATION
A. The agency shall be organiZed Into a General Assembly, consisting of all voting members of the
organization, an Executive Board of representatives of the voting members, and advl!;ory boards and task
forces as established by the Board.
B. The General Assembly shall meet annually and otherwise at the request of the Board to elect officers
from the Executive Board, and to review and ratify key decisions of the Board, such æls the annual budget
of the agency and essential policy documents, including the regional transportation p'lan and regional
growth management strategy and amendments to them.
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C. The Executive Board shall carry out all delegated powers and managerial and administrative
responsibilities between the meetings of the full Assembly.
D. Key policy boards to advise the Executive Board on recommended changes In polby or new direction on
regional transportation and regional growth management will be created by the BO!lrd.
1. As directed by state law, the Board will establish a regional Transportation Policy Board to provide
advice on regional aspects of transportation Issues to the Executive Board andl participate In agency
policy making. It will include representatives of large and small employers In the region, the
Washington State Department of Transportation (WSDOT). transit and port districts In the region,
representatives of community and neighborhood organizations and other InterErst groups, and
citizens at large, as well as representatives of cities, towns, and counties which are members of the
organization and such statutory members as may be required from time to timl~.
2. A regional growth management board will be similarly const~uted and provide policy advice on
regional aspects of growth management Issues.
E. The Board shall establish such other standing committees or task forces as may be required to provide
advice and recommendations to the Board_
F. The Board shall hire an Executive Director who shall be subject to direction of the Board. The Executive
Director shall hire necessary staff consistent with the agency's annual budget. The Board Is authorized
to contract for professional services to meet other support needs that may arise andl otherwise enter Into
contracts and acquire, hold and dispose of personal and real property as necessary,
VII, FUNCTIONS/AUTHORITY
A. TransDortatlon. In meeting Its responsibilities for regional transportation planning, the Agency shall:
1. Produce a Regional Transportation Plan (RTP), as prescribed by federal and sUite law and
regulations and based on local comprehensive planning. The RTP will establish planning direction
for regionally significant transportation projects, as defined In state law and shall be consistent with
the regional growth management strategy.
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The RTP will cover major highways and roads, regional transportation connectors (bridges and
tunnels), ferry systems, public transit systems, airports, seaports, and other reg,ional transportation
facilities. It will address transportation system demand management, levels of service, and capital
Investments.
The RTP will also Include regional High-Capacity Transportation (HCT) plans, and Impacts of
urban growth on effective HCT planning and development, as prescribed In state law.
2. Through the RTP, establish regional transportation policy and, In cooperation w~h the state
transportation department, set minimum standards for state government to inteurate In its
transportation planning and for local governments to reflect and include in the preparation of
transportation elements of local comprehensive plans.
3. Carry out MPO functions as prescribed for federally funded projects In the reglcln. These functions
Include preparation of an RTP, an annual work program, and a sbe-year capital plan (with an annual
element).
As an MPO, manage right-of-way preservation proposals for highway and high-capacity
transportation development to assure conformance with the RTP and associated regional
development strategies.
4. Carry out RTPO functions as prescribed by state law. These functions Include preparation of an
RTP covering regionally significant transportation projects, as well as these other functions
mandated by state law:
a. Certify that transportation elements of local comprehensive plans are consistent with the
regional transportation plan.
b. Certny that transportation elements of comprehensive plans adopted by counties, cities, and
towns conform with comprehensive planning provisions of state law.
c. Certify that all transportation projects within the region that have a significant Impact upon
regional facilities or services are consistent with the RTP.
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d. In cooperation with the State Department of Transportation, identify and jointly plan
improvements and strategies within those corridors which are Important to moving people and
goods on a regional or statewide basis.
5. In the case of certification of transportation elements of all local comprehensive plans for
consistency with the Regional Transportation Plan (RTP), the Board shall direct staff to review plans
and recommend certification.
If staff does not recommend certification because of Inconsistencies with the RTP, the local
government(s) involved shall be notified, and the affected party or parties may appeal the staff
recommendation to the Board for resolution. Upon receipt of an appeal, the e,oard will direct that a
board of hearing examiners be constituted from the membership of the Executive Board to resolve
the conflict, establishing consistency with the RTP, and allowing for certification.
6. Determine categories for priorities for the region among recommended regionellly significant
transportation projects, and forward those priorities to the State Department of Transportation for
review In the development of state transportation funding programs.
7. Review and comment in the NEPA/SEPA process on proposed actions wtth pCltentlal significant
impact on the Implementation of the RTP.
B. Growth Manaaement. The agency shall maintain VISION 2020 as the adopted regional growth
management strategy. The regional growth management strategy shall be based on and developed from
local comprehensive planning and address only regional Issues including transportaltlon, open space, air
and water quality, economic development and regional facilities.
C. Countvwlde ComDrehenslve Plans. One year after adoption of this Agreement, a prc>cess for the regional
review of countywide plans (which reflect city and county comprehensive plans) for ,consistency with the
adopted regional growth strategy and/or the regional transportation plan shall be considered by the
governing Board of the new Regional Council.
D. Realonal Data Base DeveloDment. The agency shafl provide for establishment and nnalntenance of a
regional data base to:
1. Support development of the RTP and regional growth management strategy;
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2. Forecast and monitor economic, demographic, and travel conditions In the region;
3. Develop the data base jointly with relevant state agencies for use In the region by local governments
and the State of Washington.
4. Respond to data prepared by the State Office of Financial Management.
E. Technical Assistance. As requested, the agency shall provide technical assistance tCJ local, state and
federal governments through regional data collection and forecasting services, consistent with the
mission and functions of the agency.
In addition, the agency may provide general planning assistance, consistent with the mission and
functions of the agency, to small cities and towns which are members of the agency and which request
help to complete planning work they are unable to staff or fund.
F. Discussion Forum. The agency may provide a forum for discussion among local an,j state officials and
other interested parties of common regional issues.
VIII. RELATIONSHIP OF REGIONAL PLANNING AGENCY
TO LOCAL AND STATE GOVERNMENTS
A. Plan nino DreDaration: In a collaborative process with citizens of the region, Interested groups and
organizations, and local, regional and state government, the regional agency prepams the RTP and a
regional growth management strategy. After public review and adoption by the Regional Planning
Agency, these documents establish a vision and goals for growth and moblltty in the central puget Sound
region.
The RTP and the regional growth management strategy are based on direction of state law and
based on and developed from local comprehensive plans.
IX, FUNDING OF AGENCY ADMINISTRATION/OPERATIONS
A. State and Federal Fundina. Appropriations from the State through WSDOT to the Roglonal Planning
Agency are to be provided as defined and authorized In state law. The Board is authorized to seek
additional state funding as may be necessary. The agency will receive federal assistiance through Urban
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Mass Transportation Administration (UMTA). Federal Highway Administration (FHWA), and Federal
Aviation Administration (FAA) Airports Systems planning funds. and other appropriate federal sources.
B. Local Fundina. Dues of member agencies. statutory members and associate members shall be
established by the Executive Board. All city and county members shall pay dues, alS established by the
Board, based proportionally on a formula to Include their population and their assessed valuation.
C. Other Fundina. The agency Board may contract on a fee-for-service basis with non-member agencies
which request special services and with member agencies which may seek additional services.
D. The Board shall establish the annual budget and the amount of dues necessary to support the functions
of the Regional Planning Agency, Dues will be paid on July 1 of each year.
X. AMENDMENTS
A. Amendments to this Agreement may be proposed by any city or county and shall be considered by all
members upon recommendation by the Board. The Agreement shall be amended by adoption of
affirmative resolutions by all of the prior signators.
B. In the event 60 percent of all units of general government in King, Kitsap, Pierce, and Snohomlsh
counties, including the counties, representing at least seventy-five percent of the re"lonal population
become signators to a new agreement involving substantially the same subject matter as this Agreement,
this Agreement shall terminate.
XI. MERGER
This Agreement merges and supersedes all prior discussions, representations and/or agreements between the
parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties.
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XII. WITHDRAWALS; DISSOLUTION
A. E)!Ðel3l as provided, Any member ageAe'l shall have the right to withdraw from this Interlocal Agreement
by giving written notice, six months prior to the annual assessment, to the Executivl¡ Board.
B, The member* eO~Rtiss aRa majer eltles tRat ars "aRise Ie tRle lR!eFteeal ,"'¡¡reemeR! agree that withdrawal
will not absolve them of responsibility for meeting financial and other obligations of annual contracts or
agreements which exist between the State of Washington or the federal government and the Regional
Planning Agency at the time of withdrawal.
C. Upon termination of this Agreement any money or assets In possession of the Reglcmal Planning Agency
after payment of all liabilities, costs, expenses, charges validly Incurred under this alJreement. shall be
returned to all contributing governments in proportion to their assessment determimld at the time of
termination, The debts, liabilities, and obligations of the Regional Planning Agency shall not constitute a
debt, liability or obligation of any member agency,
XIII. SEVERABILITY
If any of the provisions of this Agreement are held Illegal, Invalid or unenforceable, the remé:inlng provisions shall
remain in full force and effect.
XIV. STATE RELATIONSHIP
A copy of this Agreement shall be flied with the State Department of Community Developmnnt.
this Agreem nt has been executed by each party on the date set forth below:
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Title: BOB ROEGNER, MAYOR
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Attest: ROBIN WOHLHUETER, CITY CLERK
Date:
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Approved as to Form:
~~~~rneY
STEPHEN R. SHELTON
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