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RESOLUTION NO. 2 8 7 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
SERVICE AGREEMENT ESTABLISHING WATER UTILITY SERVICE AREA
BOUNDARIES BETWEEN THE CITY OF AUBURN AND THE CITY OF AUBURN
AND PIERCE COUNTY.
WHEREAS, service area agreements are required by WAC 246-
293-250 to help assure that water reserved for public water
supply purposes with Pierce County will be utilized in the
future in an efficient and planned manner.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
,RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of
Auburn are herewith authorized to execute a Service Agreement
establishing water utility service area boundaries between the
City of Auburn and Pierce County. A copy of said Agreement is
attached hereto and denominated as Exhibit UA" and
incorporated herein by reference.
Resolution No. 2873
September 3, 1997
Page 1
ORIGINAL
STANDARD SERVICE AGREEMENT
ESTABLISHING WATER UTILITY
SERVICE AREA BOUNDARIES
PREAMBLE
THIS AGREEMENT establishing water utility service area boundaries is
entered into this day for purposes of identifying the external boundaries of the service
area for which this water purveyor has assumed water service responsibility.
WHEREAS, service area agreements are required by WAC 246-293-250 to help
assure that water reserved for public water supply purposes with Pierce County will be
utilized in the future in an efficient and planned manner; and
WHEREAS, the designation of retail water service area and future service
planning areas, together with the cooperation of other utilities, will help assure efficient
planning to accommodate growth, avoid duplication of service, and facilitate the best use
of resources;
WHEREAS, the responsibilities applicable to water purveyors are outlined in the
Pierce County Coordinated Water System Plan (CWSP) and by the adopted rules and
regulations of the Washington State Department of Health (DOH); and
WHEREAS, it is not the intent of this Agreement to give new authority or
responsibilities to the water purveyor or to the Connty or State regulatory agencies, in
addition to those requirements imposed by law; and
NOW, THEREFORE, the undersigned party, having entered into this Agreement
by its signature, concur with and will abide by the following provisions:
Section 1. The terms used within the contract shall be as defined in the
implementing regulations of Chapter 70.116 RCW, except as identified below.
A. Lead Agency shall mean the department or organization within Pierce County that
has been designated by the Pierce County Executive as being administratively responsible
for the coordination and filing of the Pierce County Water Service Area map, Standard
Service Agreement Establishing Water Utility Service Area Boundaries, Agreements for
Retail Service Areas, Utility Service Policies, and other administrative documents
necessary for the implementation of the Pierce County CWSP.
B. Pierce County Coordinated Water System Plan (CWSP) shall mean the latest plan
adopted by the Pierce County Council for public water systems within critical water
supply service areas within Pierce County Council which identifies the present and future
needs of the systems and sets forth means for meeting those needs in the most efficient
manner possible.
EXHIBIT "A"Resolution No. 2873
September 15, 1997
C. Pierce County Water Service Area Map shall mean the map referenced in this
Agreement for the retail service area signed by the water purveyor except as amended in
accordance with the CWSP procedures, with the concurrence of the affected water
purveyors, or by operation of law.
D. Retail Service Area shall mean the designated geographical area within Pierce
County in which the undersigned water purveyor assumes full responsibility for
providing water service to individual customers.
E. Utility Service Policies shall mean those policies and conditions of service that
are attached to the provision of water service for individual customers. The identified
policies and conditions of service are those conditions incorporated within the water
purveyor's water system improvement and expansion plans required under the provisions
of the Public Water Systems Coordination Act and DOH.
Section 2. Lead Agency. The lead agency for administering the Pierce
County Water Utility service area agreements shall be the Pierce County Department of
Public Works and Utilities unless otherwise established by the Pierce County Executive.
The lead agency shall function only as a coordination center. The lead agency will
maintain the original documents and will be responsible for updating the water system
map and agreements as provided for in the CWSP.
Section 3. Authority. The authority for this Agreement is granted by the
Public Water Systems Coordination Act of 1977, Chapter 70.116 RCW.
Section 4. Service Area Boundaries. The undersigned Water Purveyor
acknowledges that the Pierce County Water Service Area Maps identifying its retail
service area boundaries, dated July 8, 1997 and included as Attachment A to this
Agreement, identify the Water purveyor's present and future service area within Pierce
County. The undersigned further acknowledges that there are no service area conflicts
with an adjacent water utility or purveyor, or, if such a conflict exists, agrees that no new
water service will be extended within disputed areas except as stipulated in an
adjudication by DOH, a final decision made by a court of competent jurisdiction, or by
operation of law.
This agreement shall apply to service area boundaries claimed and identified in
the above referenced maps. Revisions may be may require an amendment to the
purveyor's or utility's service plans and shall be filed with the lead agency.
Section 5. Boundary. A~ustments. 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 be by: (1) written concurrence of all involved utilities and the proper
legislative authority(ies), and must be noted and filed with the designated Pierce County
lead agency and DOH; or (2) by operation of law. It is understood by the undersigned
EXHIBIT "A"Resolution No. 2873
September 15, 1997
utility that it may decline to provide service within its designated service area boundary,,
but in that case, an applicant may be referred to other adjacent purveyors or utilities or a
new utility may be created and the original service area boundary will be adjusted
accordingly.
Section 6. System Extension Policies. The undersigned utility agrees that in
order to expand its existing water service area, (other than by addition of retail customers
to existing water mains), or to serve in the capacity of a pre-qualified satellite system
management agency (SSMA), it shall have adopted design standards and Utility Service
extension policies. The design standards shall meet or exceed the Pierce County Water
System Minimum Standards and Specifications.
A water utility anticipating expansion of retail service in unincorporated areas of Pierce
County, or intending to operate as an SSMA, shall identify utility service policies in its
updated water system plan. The undersigned utility agrees to identify, for information, its
utility service policies or provide a copy of the updated water system plan to the Lead
Agency prior to application for extension of its existing water system into new service
areas within the unincorporated areas of Pierce County.
Municipalities further agree that if they identify a service area outside of their existing
municipal corporate boundaries, the municipality will assume full responsibility for
providing water service equivalent to the level of service provided for their customers
inside the city limits with similar service requirements, and must also meet or exceed
Pierce County's minimum design standards.
Section 7. Special Working Agreements. Special working agreements, if they exist
and are relevant, between this water purveyor and an adjacent water purveyor shall be
attached to this Agreement as Attachment B and incorporated herein by this reference.
Section 8. Compliance with the CWSP. Nothing in this Agreement shall waive any
requirement of the state, federal or local government regarding the provision of water
service. This Agreement shall comply with the interlocal agreement requirement of the
CWSP.
i]~,)~.~SS WHEREOF, the undersigned party has executed this Agreement as of
W-at~r-P/lrv~l~)r-- -
Representative
EXHIBIT "A"Resolution No. 2873
September 15, 1997
Approved as to Form
~ . (
Michael J. Reynolds, City Attorney
Attested to:
Robin Wohlhueter, City Clerk
PIERCE COUNTY PUBLIC WORKS & UTILITIES DEPARTMENT
~/~<A./a~.~/~-~%/~ (~O,~/V-) ~/- ~(~-~- Date
Name
Title
4
Attachment B:
SPECIAL WORKING AGREEMENTS:
List of Special Working Agreements Included:
Potential Annexation Agreement between City of Aubum and City of Federal Way
Urban Service Area Agreement between City of Auburn and City of Pacific
Potential Annexation Agreement between City of Auburn and City of Sumner
Potential Annexation Agreement between City of Auburn and City of Kent
ATTACHMENT "B"Resolution No. 2873
September 15, 1997
, CITY CLERK'S OFFICE J~,,r~t~..~!~t/~J'') ~ ~./6 '7 ' ~ ~
. , . ,
GITY OF AUBURN ~ - ' - ~%'~
25 West Main 8 1996 ' ' '
~LAT~G TO POTENTIAL ~~TION ~A DESIGNATIb~:. ' ~"~'~'
THIS IS AN AG~EMENT between the Cities of Federal Way, a municipal co~oration of the~f~e~ ........ '
Washington ("Federal Way"), and Auburn, a municipal co~oration of the State of WasHmgt~ .... -/'
("Auburn"), hereinaker collectively referred to as the "Cities."
RECITALS
mo
Pursuant to RCW 36.70A. 110(2), the Washington State Growth Management Act of 1990 as
amended requires each City within the Counb' to propose the location of an urban growth area,
and
Bo
The Countywide Planning Policies adopted and approved by Ordinance 10450 on July 6, 1992
by the County Council and amended by Ordinance 11446 on July 19, 1994 and ratified by
Cities within the County, establishes rules for designating potential annexation areas for cities
within the countywide urban growth boundary, and
Countywide Planning Policy LU-31 states that in collaboration with adjacent counties and cities
and King County, and in consultation with residential groups in affected areas, each City shall
designate a Potential Annexation Area (PAA), and
It is in the public interest that the jurisdictions cooperate to designate logical and achievable
PAA boundaries, and
NOW THEREFORE, the Cities hereby agree:
1. PURPOSE.
The purpose of this agreement is to confirm the decision made between the Cities for the
identification of PAA boundaries.
DEFINITIONS.
Potential AnneXation Area (PAA): The incorporated urban area adjacent to a City, within
which urban growth shall be encouraged and phased, and which is expected to annex to the
city. Annexation is expected to occur sometime during the next 20 years at which time the
city will provide services and utilities. Potential Annexation Area is another term for a City's
Urban Growth Area.
Urban Growth Areas: Areas proposed by the Cities and designated by the County within which
urban growth shall be encouraged and phased and outside of which growth can occur only if it
is not urban in nature. A City's Urban Growth Area is another term for its Potential
Annexation Area.
REF: Resolution No. 2873
September 15, 1997
r
Urban Growth Boundary: The boundary marking the limit between the urban growth areas and
other areas such as rural and resource area where urban growth is not permitted. -The
boundary shall be designated by the County in consultation with the appropriate Cities, under
the requirement of the Growth Management Act, as amended.
PUBLIC PROCESS.
The designation of PAAs in Exhibit A (map) attached hereto and by this reference made a part
of this agreement are of interest to a variety of affected parties, including property owners, area
residents, the general public, special service districts and the municipalities.
RELATIONSHIP TO EXISTING LAWS AND STATUTES.
This Agreement in no way modifies nor supersedes existing laws and statues and is consistent
with existing laws and statues. In meeting the commitments encompassed in this Agreement,
all parties will comply with the requirements of the annexation Statutes, Open Public Meetings
Act, State Environmental Policy Act, Growth Management Act and Countywide Planning
Policies for King County.
RESPONSIBILITIES.
A. The Cities acknowledge the PAA boundary described in Exhibit A.
B. The Cities will only annex territory within their designated PAAs.
Co
The Cities shall conduct a public involvement process that includes, but is not limited to
workshops, surveys, or hearings in areas within the PAA, prior to the inclusion of any
additional areas within the PAA.
AMENDMENTS.
A city which desires to modify .the Potential Annexation Area shall contact the other
party to this Agreement to begin discussions regarding potential annexation area
boundary amendments. The Cities agree to participate in such discussions when called.
Either Party is authorized to call a meeting upon 30 days written notice.
Bo
The proposed amendments shall be supported by written evidence of a significant
change in one of the criteria listed in paragraph 6D. Below. The Cities shall concur
that the substantial change warrants an amendment to the original designated PAA.
Co
A public process shall be conducted regarding an amendment to a potential annexation
area as described in 5(C) above.
D. Criteria for Designation of Potential Annexation Areas
· Recognition of resident community identification.
· Financial and technical ability to provide municipal services.
2
REF: Resolution No. 2873
September 15, 1997
e
· Creation of logical service areas (vehicular accessibility and utility construction).
· Recognition of physical boundaries.
Bodies of water
Topographical features
Watersheds
Freeways
· Protection of critical/resource areas significant to a particular jurisdiction.
Protection of critical areas
Opportunities for urban separators
· Logical boundaries.
Elimination of unincoporated islands
No overlapping potential annexation areas
The proposed amended PAA agreement shall be submitted to the respective legislative
authorities for approval.
DURATION AND TERMINATION.
This Agreement is effective upon signature of both parties and shall continue in effect from
year to year unless terminated by a six month written notice by one party to the others.
SEVERABILITY CLAUSE.
Any provision of this Agreement which is declared invalid or illegal shall in no way affect or
invalidate any other provision hereof and such other provisions shall remain in full force and
effect.
hNI)EIYENIFI CATI ON.
The City of Federal Way shall indemnify and hold harmless the City of Auburn and its
officers, agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of the City of Federal Way, its officers,
agents and employees, or any of them, in the performance of this Agreement. In the
event that any such suit based upon such a claim, action, loss or damage is brought
agains{ the City of Auburn, the City of Federal Way shall defend the same at its sole cost
and expense; provided, that the City of Auburn reserves the right to participate in such
suit if any principle of governmental or public law is involved. If final judgment be
rendered against the City of Auburn and its officers, agents and employees, or any of
them, or jointly against the City of Federal Way and the City of Auburn and their
respective officers, agents and employees, or any of them, the City of Federal Way shall
satisfy the same, including all chargeable costs and attorney's fees.
Bo
In executing this Agreement, the City of Auburn does not assume liability or
responsibility for or in any way release the City of Federal Way from any liability or
responsibility which arises in whole or in part from the existence or affect of Federal
Way City ordinances, rules or regulations. If any cause, claim, suit, action or
administrative proceeding is commenced in which the enforceability and/or validity of
any such Federal Way City ordinance, rule or regulation is at issue, the City of Federal
REF: Resolution No. 2873
September 15, 1997
10.
Way shall defend the same at its sole expense and if judgment is entered or damages are
awarded against the City of Auburn, the City of Federal Way shall satisfy the same,
including all chargeable costs and attorney's fees.
Co
The Cit-), of Auburn shall indemnify and hold harmless the City of Federal Way and its
officers, agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of the City of Auburn, its officers, agents
and employees, or any of them, in the performance of this Agreement. In the event that
any such suit based upon such a claim, action, loss or damage is brought against the City
of Federal Way, the City of Auburn shall defend the same at its sole cost and expense;
provided, that the City of Federal Way reserves the right to participate in such suit if any
principle of governmental or public law is involved. If final judgment be rendered
against the City of Federal Way and its officers, agents and employees, or any of them,
or jointly against the City of Federal Way and the City of Auburn and their respective
officers, agents and employees, or any of them, the City of Auburn shall satisfy the
same, including all chargeable costs and attorney's fees.
In executing this Agreement, the City of Federal Way does not assume liability or
responsibility for or in any way release the City of Auburn from any liability or
responsibility which arises in whole or in part from the existence or affect of Auburn
City ordinances, rules or regulations. If any cause, claim, suit, action or administrative
proceeding is commenced in which the enforceability and/or validity of any such Auburn
City ordinance, rule or regulation is at issue, the Cit~ of Auburn shall defend the same at
its sole expense and if judgment is entered or damages are awarded against the City of
Federal Way, the City of Auburn shall satisfy the same, including all chargeable costs
and attorney's fees.
ADMINISTRATION.
This Agreement shall be administered by:
io
The Federal Way City Manager or the City Manager's designee, and
The Mayor of Auburn or the Mayor's designee.
CITY OF FEDERAL WAY
City Manager
CITY OF AUBURN
Charles A. Booth
Mayor
Date
4
REF: Resolution No. 2873
September 15, 1997
Approved as to Form:
Approved as to Form:
City Attorney~
BHS\FWAGR2vlT
EXHIBIT "A"Resolution No. 2873
September 15, 1997
REF: Resolution No. 2873
September 15, 1997
POTENTIAL
ANNEXATION AREA B'OUI~DARY
Between Auburn and Federal Way
lo00 0
2000
FEET
Potential
Annexation
Area
Boundary
ORI61NAL
, AN AGREEMENT BETWEEN TI-Hi CITIES OF PACIFIC AND AUI~Ut~. P,~ELATING
TO URBAN SERVICE AREA DESIGNATION
THIS IS AN AGREENIENT between the Cities of Pacific, a municipal corporation of the State of
Washington ("Pacific"), and Auburn, a municipal corporation of the State of Washington ("Auburn"),
hereinafter collectively referred to as the "Cities."
RECITALS
Pursuant to RCW 36.70A.110(2), the Washington State Growth Management Act of 1990 as
amended requires each City within the County to propose the location of an urban growth area,
and
The Pierce County Countywide Planning Policies adopted and approved by Resolution R92-86
on June 30, 1992 by the County Council and ratified by Cities within the County, establishes
rules for designating City urban growth areas within the countywide urban growth boundary,
and
The Pierce County Comprehensive Plan adopted and approved by Ordinance 94-82S by the
County Council identifies an urban groxvth area overlap between the Cities of Auburn and
Pacific.
It is in the public interest that the jurisdictions cooperate to designate logical and achievable
urban growth area boundaries,
NOW THEREFORE, the Cities hereby agree:
1. PURPOSE.
The purpose of this agreement is to resolve the boundary overlap between the Cities of Auburn
and Pacific.
2. DEFINITIONS.
Urban Service Area (USA): The incorporated urban area adjacent to a City, within which
urban growth shall be encouraged and phased, and which is expected to annex to the city.
Annexation is expected to occur sometime during the next 20 years at which time the city will
provide services and utilities. Urban Service Area is another term for a City's Urban Growth
Area.
Urban Growth Areas (UGA): Areas designated by the County within which urban growth shall
be encouraged and phased and outside of which growth can occur only if it is not urban in
nature. A City's Urban Growth Area is another term for its Urban Service Area.
Comprehensive Urban Growth Area Boundary (CUGA Boundary): The boundary marking the
limit between the urban growth areas and other areas such as rural and resource area where
urban growth is not permitted. The .boundary shall
REF: Resolution No. 2873
September 15, 1997
be designated by the County in
Exhibit "A" Resolution No. 2763
Adopted 12/2/96
REF: Resolution No. 2873
September 15, 1997
consultation with the appropriate Cities, under the requirement of the, Growt,h' Management
Act, as amended.
PUBLIC PROCESS.
The designation of USAs in Exhibit A (map) are of interest to a variety of affected parties,
including property owners, area residents, the general public, special service districts and the
municipalities.
RELATIONSHIP TO EXISTING LAWS AND STATUTES.
This Agreement in no way modifies nor supersedes existing laws and statues and is consistent
with existing laws and statues. In meeting the commitments encompassed in this Agreement,
all parties will comply with the requirements of the annexation statutes, Open Meetings Act,
State Environmental policy Act, Growth Management Act and the Pierce County Countywide
Planning Policies.
RESPONSIBILITIES.
Ao
The Cities acknowledge the USA boundary as shown in Exhibit A. The City of Pacific
urban service area boundary will not include any area shown in exhibit A.
B. The Cities will only annex territory within their designated USAs.
Co
The Cities shall conduct a public involvement process that includes, but is not limited
to workshops, surveys, or hearings in areas within the USA, prior to the inclusion of
any additional areas within the USA.
AMENDMENTS.
ao
A city which desires to modify the USA shall contact the other party to this Agreement
to begin discussions regarding urban service area boundary amendments. The Cities
agree to participate in such discussions when called. Either Party is authorized to call
a meeting upon 30 days written notice.
TM proposed modifications shall be supported by written evidence of a significant
change in one of the criteria listed in paragraph 6D. Below. The Cities shall concur
that the substantial change warrants an amendment to the original designated urban
service area.
C. A public process shall be conducted regarding an amendment to an urban service area.
D. Criteria for Designation of Potential Annexation Areas
· Recognition of resident community identification.
· Financial and technical ability to provide municipal services.
· Creation of logical service areas (vehicular accessibility and utility construction).
· Recognition of physical boundaries.
Exhibit "A" Resolution No. 2763
Adopted 12/2/96
REF: Resolution No. 2873
September 15, 1997
Bodies of water
Topographical features
Watersheds
Freeways
Protection of critical/resource areas significant to a particular jurisdiction.
Protection of critical areas
Opportunities for urban separators
Logical boundaries.
Elimination of unincoporated islands
No overlapping potential annexation areas
The proposed amended USA agreement shall be submitted to the respective legislative
authorities for approval.
DURATION AND TERMINATION.
This Agreement is effective upon signature of both parties and shall continue in effect from
year to year unless terminated by a six month written notice by one party to the others.
SEVERABILITY CLAUSE.
Any provision of this Agreement which is declared invalid or illegal shall in no way affect or
invalidate any other provision hereof and such other provisions shall remain in full force and
effect.
INDEMNIFICATION.
The City of Pacific shall indemnify and hold harmless the City of Auburn and its
officers, agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of the City of Pacific, its officers, agents
and employees, or any of them, in the performance of this Agreement. In the .event
that any such suit based upon such a claim, action, loss or damage is brought against
the City of Auburn, the City of Pacific shall defend the same at its sole cost and
expense; provided, that that the City of Auburn reserves the .right to participate in such
suit if any principle of governmental or public law is involved. If final judgment be
rendered against the City of Auburn and its officers, agents and employees, or any of
them, the City of Pacific shall satisfy the same, including all chargeable costs and
attorney's fees.
Bo
In executing this Agreement, the City of Pacific does not assume liability or
responsibility for, or in any way release, the City of Auburn from any liability or
responsibility which arises in whole or in part from the existence or affect City of
Auburn ordinances, rules or regulations. If any cause, claim, suit, action or
administrative proceedings is commenced in which the enforceability and/or validity of
any such City of Auburn ordinance, rule or regulation is at issue, the City of Auburn
shall defend the same at its sole expense and if judgment is entered or damages are
Exhibit "A" Resolution No. 2763
Adopted 12/2/96
REF: Resolution No. 2873
September 15, 1997
Do
awarded against the City of Pacific, the City of Auburn sh,a'll,satis~y the same.
including all chargeable costs and attorney's fees.
The City of Auburn shall indemnify and hold harmless the City of Pacific and its
officers, agents and employees, or any of them, from any and all claims, actions, suits.
liability, loss, costs, expenses and damages of any nature whatsoever, by reason of our
arising out of any negligent act or omission of the City of Auburn, its officers, agents
or employees or any of them, relating to or arising out of the performance of this
Agreement. In the event that any suit based on such a claim, action, loss or damage is
brought against the City of Pacific, the City of Auburn shall defend the same at its sole
costs and expense; provided by the City of Auburn retains the right to participate in
and suit of any principle of government law is involved; and if final judgment be
rendered against the City of Pacific, and its officers, agents and employees, or any of
them, the City of Auburn shall satisfy the same, including all chargeable costs and
attorney's fees.
In executing this Agreement, the City of Auburn does not assume liability or
responsibility for or in any way release the City of Pacific from any liability or
responsibility which arises in whole or in part from the existence or affect City of
Pacific ordinances, rules or regulations. If any cause, claim, suit, action or
administrative proceedings is commenced in which the enforceability and/or validity of
any such City of Pacific ordinance, rule or regulation is at issue, the City of Pacific
shall defend the same at its sole expense and if judgment is entered or damages are
awarded against the City of Auburn, the City of Pacific shall satisfy the same.
including all chargeable costs and attorney's fees.
10.
ADMINISTRATION.
This Agreement shall be administered by:
A. The Mayor of Pacific or the Mayor's designee, and
B. The Mayor of Auburn or the Mayor's designee.
Exhibit "A" Resolution No. 2763
Adopted 12/2/96
CITY OF PACIFIC
-,
Cheryl ~Bertsc
Mayor ProTem
Date
Approved as to Form:
City Attorney
CITY OF AUBURN
By %~ ~'~'~ {'~
Charles A. Booth
Mayor
Date
City Attorney
BHS\AGREEMT1
Exhibit "A" Resolution No. 2763
Adopted 12/2/96
i
I
I
REF: Resolution No. ~875
September 15, 1997
I
Exhibit "A" Resolution No. 2763
Adopted 12/2/96
REF: Resolution No. 2873
September 15, 1997
AN AGREEMENT BETWEEN THE CITIES OF SUMNER AND AUBUR~ RELATING
TO POTENTIAL ANNEXATION AREA DESIGNATION
THIS AGREEMENT is entered into on this /O~day of,.7~L [,', 1996, by and between the
City of Sumner, a municipal corporation of the State of Washington (hereinafter referred to as
"Sumner") and the City of Auburn, a municipal corporation of the State of Washington
(hereinafter referred to as "Auburn").
WHEREAS, pursuant to RCW 36.70A.110(2), the Washington State Gro~vth
Management Act of 1990 as amended, requires each city within Pierce County to propose the
location of an urban growth area; and
WHEREAS, the King County,vide Planning Policies adopted and approved by
Ordinance 10450 on July 6, 1992, by the King County Council and amended by Ordinance
11446 on July 19, 1994 and ratified by cities within King County, establish rules for designating
potential annexation areas for cities within the countywide urban growth boundary; and
WHEREAS, King Countywide Planning Policy LU-31 states that each city shall
designate a Potential Annexation Area (PAA) in collaboration with adjacent counties and cities
and King County, and in consultation with residential groups in affected areas; and
WHEREAS, Pierce County,vide Planning Policies adopted and approved by Resolution
No. R92-86 on June 30, 1992 by the Pierce County Council reestablish rules for designating
urban growth areas for cities within Pierce Count>'; and
WHEREAS, Pierce Countywide Planning Policy No. 1 on Urban Growth areas states
"The Count.',' shall designate urban growth areas for the County and each municipality in the
County based on consultations between the County and each municipality"; and
WHEREAS, the Pierce County Comprehensive Plan approved November 29, 1994 by
the Pierce County Council establishes procedures for the adoption of Urban Service Areas
(USA's) as a part of a Comprehensive Urban Growth Area (CUGA). The plan also adopts Urban
Service Areas for the jurisdictions within Pierce County. The plan indicates an overlap of the
USA's for the Cities of Auburn and Sumner in the general vicinity of an approved private
development called Lakeland; and
WHEREAS, it is of mutual interest to Sumner and Auburn to resolve the overlaps
between the Potential Annexation Areas in order to allow for continued land use and capital
facility planning without threat of litigation or appeals; and
WHEREAS, in the spirit of cooperation and mutual understanding, Sumner and Auburn
desire to address mutual interests, work together on issues of mutual benefit, and enter into
agreements to work constructively on issues of concern; NOW THEREFORE,
Exhibit A Resolution No. 2762
August 5, 1996
REF: Resolution No. 2873
September 15, 1997 '
In Consideration of the mutual benefits, Sumner and Auburn hereby agree t6 the terms and
conditions as set forth beloxv:
SECTION 1.
PURPOSE.
The purpose of this agreement is to confirm the decision ~nade bet~veen Sumner and
Auburn for the identification of Potential Annexation Area boundaries and Urban Service
Areas.
SECTION 2.
DEFINITIONS.
mo
Potential Annexation Area (PAA): is a term used in the King Countywide Planning
Polices meaning the incorporated urban area adjacent to a city, within which urban
growth shall be encouraged and phased, and which is expected to annex to the city.
Annexation is expected to occur sometime during the next twenty (20) years at which
time the city will provide services and utilities. For purposes of this agreement, the
term Potential Annexation Area is the same as Urban Service Area (USA) as applied
in the Pierce County Comprehensive Plan.
Bo
Urban Growth Areas: means areas proposed by the Sumner and Auburn and
designated by the county within which urban growth shall be encouraged and passed
and outside of which groxvth can occur only if it is not urban in nature.
Urban Growth Boundary_: means the boundary marking the limit bet~veen the urban
groxvth areas and other areas such as rural and resource area where urban growth is
not permitted. The boundary shall be designated by the county in consultation with
Sumner and Auburn, under the requirements of the Growth Management Act.
SECTION 3.
PUBLIC PROCESS.
The designation of PAAs in Exhibit A (map) attached hereto and by this reference made a
part of this agreement are of interest to a variety of affected parties, including property
o~vners, area residents, the general public, special service districts and the municipalities.
SECTION 4.
RELATIONSHIP TO EXISTING LAWS AND STATUES.
This Agreement shall in no way modify nor supersede existing laws and statutes and is
consistent with existing laws and statutes. In meeting the commitments encompassed in
this Agreement, all parties shall comply with the requirements, of the annexation statutes,
Open Public Meetings Act, State Environmental Policy Act, Growth Management Act
and Countywide Planning Policies for King mid Pierce Counties.
SECTION 5.
RESPONSIBILITIES.
A. Sumner and Auburn acknowledge the PAA boundary described in Exhibit A.
Exhibit A Resolution No. 2762
2 August 5, 1996
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REF: Resolution No. 2873
September 15, 1997
Sumner and Auburn shall only annex territory within their designated PAAs.
Sumner and Auburn shall conduct a public involvement process that includes, but is
not limited to, workshops, surveys, or hearings in areas ~vithin the PAA prior to the
inclusion of any additional areas within the PAA.
SECTION 6.
JOINT PLANNING
Sumner and Auburn shall work cooperatively together in the planning and delivery of
services to the respective PAA to the extent feasible as described below:
Sumner and Auburn shall initiate discussions bet~veen staff to revie~v the feasibility of
sharing the costs associated with the construction and operation of a water storage
facility. Both cities shall also explore the possibility of shared water resources.
B. Sumner and Auburn shall work cooperatively on other issues of mutual concern
which may arise including:
1. Design, funding, and construction of the 8'h Street Corridor from Lake Tapps
to SR 167;
2. Railroad traffic and the mitigation of increased rail activity on transportation;
3. Mitigation of stormwater impacts to the valley;
4. Modifications to the Mud Mountain Dam to reduce base flood levels;
5. Joint fire services and operations such as training, hazardous spill response,
mutual aide, and special operations;
6. Bicycle and pedestrian trails connecting the Sumner and Auburn;
7. Watershed planning and management related to the Stuck (White) River and
its tributaries; and
8. Joint planning and participation with Pierce County.
SECTION 7.
AMENDMENTS.
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A city which desires to modify the Potential Annexation Area shall contact the other
party to this Agreement to begin discussions regarding potential annexation or
boundary amendments. Sumner and Auburn agree to participate in such discussions
when called. Either city is authorized to call a meeting upon providing the other city
has at least a thirty (30) day written notice.
The proposed amendments shall be supported by written evidence of a significant
change in one of the criteria listed in paragraph 7D below. Sumner and Auburn shall
concur that the substantial change warrants an amendment to the original designated
PAA.
C°
A public process shall be conducted regarding an amendment' to a potential
annexation area as described in 5(c) above.
Exhibit A Resolution No. 2762
3 August 5, 1996
REF: Resolution No. 2873
September 15, 1997
D. Criteria for Designation of Potential Annexation Areas
1. Recognition of resident community identification.
2. Financial and technical ability to provide municipal services.
3. Creation of logical service areas (vehicular accessibility and availability of
utility sen'ice).
4. Recognition of physical boundaries.
-bodies of water
-topographical features
-watersheds
-freeways
5. Protection of critical/resource areas significant to a particular jurisdiction.
-protection of critical areas
-opportunities for urban separators
6. Logical boundaries.
-elimination of unincorporated islands
-no overlapping potential annexation areas
E. The proposed amended PAA agreement shall be submitted to the respective
legislative authorities for approval.
SECTION 8.
DURATION AND TERMINATION.
This Agreement shall be in effect upon signature of both parties and shall continue in
effect from year to year unless terminated by a six month written notice by one party to
the others.
SECTION 9.
SEVERABILITY CLAUSE.
Any provision of this Agreement which is declared invalid or illegal shall in no way
affect or invalidate any other provision hereof and such other provisions shall remain in
full force and effect.
Exhibit A Resolution No. 2762
August 5, 1996
REF: Resolution No. 2873
September 15, 1997
SECTION 10 ADMINISTRATION.
This Agreement shall be administered by the Mayor of the City of Sunmer and the City of
Auburn, or their designees.
CITY OF SUMNER
CITY OF AUBURN
Robert A. Moltke, Mayor
Date
Attest:
City Clerk
Approved as to form:
Charles A. Booth, Mayor
Attest:
City Clerk
Approved as to form:
City Attorney
Exhibit A Resolution No. 2762
August 5, 1996
REF: Resolution No. 2873
September 15, 1997
Exhibit .~. R?°lufion No.
Au.s' ~',' 5. 1996
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I~__,.., ' ~'' , X "POT~IAL ANNEXATION AREA DESIGNATION
~x,~I: AN,, AGRE.~~T between the Cities of Kent, a municipal corporation of t,h,e State ,,o,f
}Vi~. '~'~~[~.~ .~ Auburn, a m,u, nicipal,,corporation of the State of Washington ( Auburn ),
herei~referred to as the Cities.
RECITALS
Pursuant to RCW 36.70A. 110(2), the Washington State Growth Management Act of 1990 as
amended requires each City within the County to propose the location of an urban growth area,
and
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The Countywide Planning Policies adopted and approved by Ordinance 10450 on July 6, 1992
by the County Council and amended by Ordinance 11446 on July 19, 1994 and ratified by
Cities within the County, establishes rules for designating potential annexation areas for cities
within the countywide urban growth boundary, and
Countywide Planning Policy LU-31 states that in collaboration with adjacent counties and cities
and King County, and in consultation with residential groups in affected areas, each City shall
designate a Potential Annexation Area (PAA), and
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It is in the public interest that the jurisdictions cooperate to designate logical and achievable
PAA boundaries, and
NOW THEREFORE, the Cities hereby agree:
1. PURPOSE.
The purpose of this agreement is to confirm the decision made between the Cities for the
identification of PAA boundaries.
2. DEFDGTIONS.
Potential Annexation Area (PAA): The incorporated urban area adjacent to a City, within
which urban growth shall be encouraged and phased, and which is expected to annex to the
city. Annexation is expected to occur sometime during the next 20 years at which time the
city will provide services and utilities. Potential Annexation Area is another term for a City's
Urban Growth Area.
Urban Growth Areas: Areas proposed by the Cities and desigmated by the County within which
urban growth shall be encouraged and phased and outside of which growth can occur only if it
is not urban in nature. A City's Urban Growth Area is another term for its Potential
Annexation Area.
REF: Resolution No. 2873
September 15, 1997
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Urban Growth Boundary: The boundary marking the limit between the'urban ~row[h areas and
other areas such as rural and resource area where urban growth is not permitted. The
boundary shall be designated by the County in consultation with the appropriate Cities, under
the requirement of the Growth Management Act, as amended.
PUBLIC PROCESS.
The designation of PAAs in Exhibit A (map) attached hereto and by this reference made a part
of this agreement are of interest to a variety of affected parties, including property owners, area
residents, the general public, special service districts and the municipalities.
RELATIONSHIP TO EXISTEX[G LAWS AND STATUTES.
This Agreement in no way modifies nor supersedes existing laws and statues and is consistent
with existing laws and statues. In meeting the commitments encompassed in this Agreement,
all parties will comply with the requirements of the armexation Statutes, Open Public Meetings
Act, State Environmental Policy Act, Growth Management Act and Countywide Planning
Policies for King County.
RESPONSIBILITIES.
A. The Cities acknowledge the PAA boundary described in Exhibit A.
B. The Cities will only annex territory within their designated PAAs.
The Cities shall conduct a public involvement process that includes, but is not limited to
workshops, surveys, or hearings in areas within the PAA, prior to the inclusion of any
additional areas within the PAA.
~'vIENDMENTS.
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A city which desires to modify.the Potential Annexation Area shall contact the other
· parry to this Agreement to begin discussions regarding Potential annexation area
boundary amendments. The Cities agree to participate in such discussions when called.
Either Party is authorized to call a meeting upon 30 days written notice.
The proposed amendments shall be supported by written evidence of a sigm.'ficant
change in one of the criteria listed in paragraph 6D. Below. The Ci. ties shall concur
that the substantial change warrants an amendment to the original designated PAA.
A public process shall be conducted regarding an amendment to a potential annexation
area as described in 5(C) above.
Criteria for Designation of Potential Annexation Areas
Recognition of resident community identification.
Financial and technical ability to provide municipal services.
REF: Resolution No. 2873
September 15, 1997
· Creation of logical service areas (vehicular accessibility and utility c~onstt:ucfion)'.
· Recognition of physical boundaries.
Bodies of water
Topographical features
Watersheds
Freeways
· Protection of critical/resource areas significant to a particular jurisdiction.
Protection of critical areas
Opportunities for urban separators
· Logical boundaries.
Elimination of unincoporated islands
No ov. erlapping potential annexation areas
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The proposed amended PAA agreement shall be submitted to the respective legislative
authorities for approval.
DURATION AND TERMINATION.
This Agreement is effective upon signature of both parties and shall continue in effect from
year to year unless terminated by a six month written notice by one parry to the others.
SEVERABILITY CLAUSE.
Any provision of this Agreement which is declared invalid or illegal shall in no way affect or
invalidate any other provision hereof and such other provisions shall remain in full force and
effect.
INDENhNIFICATION.
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The City of Kent shall indemnify and hold harrnless the City of Auburn and its officers,
agents and employees, or any of them from any and all claims, actions, suits,, liability,
loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out
of any negligent act or omission of the City of Kent, its officers, agents and employees,
or any of them, in the perform:ince of this Agreement. In the event that any such suit
based upon such a claim, action, lc;ss or damage is brought against the City of Auburn,
the City of Kent shall defend the same at its sole cost and expense; provided, that the
City of Auburn reserves the right to participate in such suit if any principle of
governmental or public law is involved. If final judgment be rendered against the City
of Auburn and its officers, agents and employees, or any of them, or jointly against the
City of Kent and the City of Auburn and their respective officers, agents and employees,
or any of them, the City.of Kent shall satisfy the same, including all chargeable costs and
attorney's fees.
In executing this Agreement, the City of Auburn does not assume liability or
responsibility for or in any way release the City of Kent from any liability or
responsibility which arises in whole or in part from the existence or affect of Kent City
ordinances, rules or regulations. If any cause, claim, suit, action or administrative
proceeding is commenced in which the enforceability and/or validity of any such Kent
City ordinance, rule or regulation is at issue, the City of Kent shall defend the same at its
REF: Resolution No. 2873
3
September 15, 1997
10.
sole expense and if judgment is entered or damages are awal:ded ae&inst the City of
Auburn, the City of Kent shall satisfy the same, including all chargeable costs and
attorney's fees.
The City of Auburn shall indemnify and hold Iiarrnless the City of Kent and its officers,
agents and employees, or any of them from any and all claims, actions, suits, liability,
loss, costs, expenses and damages of any nature whatsoever, by reason of or arising out
of any negligent act or omission of the City of Auburn, its officers, agents and
employees, or any of them, in the performance of this Agreement. In the event that any
such suit based upon such a claim, action, loss or damage is brought against the City of
Kent, the City of Auburn shall defend the same at its sole cost and expense; provided,
that the City of Kent reserves the right to participate in such suit if any principle of
governmental or public law is involved. If final judgment be rendered against the City
of Kent and its officers, agents and employees, or any of them, or jointly against the City
of Kent and the City of Auburn and their respective officers, agents and employees, or
any of them, the Cit-3' of Auburn shall satisfy the same, including all chargeable costs and
attorney's fees.
In executing this A~eement, the City of Kent does not assume liability or responsibility
for or in any way release the City of Auburn from any liability or responsibility which
arises in whole or in part from the existence or affect of Auburn City ordinances, rules or
regulations. If any cause, claim, suit, action or administrative proceeding is commenced
in which the enforceability and/or validity of any such Auburn City ordinance, rule or
regulation is at issue, the City of Auburn shall defend the same at its sole expense and if
judgment is entered or damages are awarded against the City of Kent, the City of Auburn
shall satisfy the same, including all chargeable costs and attorney's fees.
ADSIhNISTRATION.
This Agreement shall be administered by:
A. The Mayor of Kent or the Mayor's designee, and
B. The Mayor of Auburn or the Mayor's designee.
CITY OF KENT
ayW~'fite' t
or
CITY OF AUBURN
Charles A. Booth
Ivlayor
Date
REF: Resolution No. 2873
September 15, 1997
Apl~roved as to Form:
Approved as to'Form:~
BHS'uKENTAGRT
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REF: Resolution No. 2873
September 15, 1997
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