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HomeMy WebLinkAbout2873 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Bo Co 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. io Bo 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 X d~ · // ' ' 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 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 Do 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 o 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. Bo Do 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 Eo 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. Ao 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 5 REF: Resolution No. 2873 September 15, 1997 < 0 0 I-- I-- Z Z < ~ ,,, x C) 0 z ~_ Z < < ,,, < I REF: Resolution No. 2873 September 15, 1997