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Home My WebLink About2763 (2) ORIGINAL 1 RESOLUTION NO 2 7 6 3 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITIES OF PACIFIC AND AUBURN RELATING TO 5 URBAN SERVICE AREA DESIGNATION 6 7 WHEREAS, pursuant to RCW 36 70A 110 (2) , the Washington 8 9 State Growth Management Act of 1990 as amended, requires each 10 City within the County to propose the location of an urban 11 growth area; and 12 WHEREAS, the Pierce County Countywide Planning Policies 13 adopted and approved by Resolution R92-86 on June 30, 1992 by 14 15 the County Council and ratified by Cities within the County, 16 establishes rules for designating City urban growth areas 17 within the countywide urban growth boundary; and 18 WHEREAS, the Pierce County Comprehensive Plan adopted and 19 approved by Ordinance 94-82S by the County Council, identifies 20 21 an urban growth area overlap between the Cities of Auburn and 22 Pacific; and 23 24 25 26 Resolution No 2763 November 21, 1996 Page 1 1 WHEREAS, it is in the public interest that the 2 jurisdictions cooperate to designate logical and achievable 3 4 urban growth area boundaries; and 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 6 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 7 RESOLVES AS FOLLOWS 8 Section 1 The Mayor and City Clerk of the City of 9 10 Auburn, Washington are herewith authorized to execute an 11 Agreement between the Cities of Pacific and Auburn relating to 12 Urban Service Area designation for the purpose of resolving 13 the boundary overlap between the Cities A copy of said 14 Agreement is attached hereto, denominated as Exhibit "A" , and 15 16 made a part hereof as though set forth in full herein 17 Section 2 The Mayor is hereby authorized to implement 18 such administrative procedures as may be necessary to carry 19 out the directives of this legislation 20 21 22 23 24 25 26 Resolution No 2763 November 21, 1996 Page 2 1 DATED and SIGNED this 2nd day of December, 1996 2 3 4 CITY OF AUBURN 5 7 8 CHARLES A BOOTH 9 MAYOR ATTEST 10 11 12 400al t Aiitta is/e/L / Robin Wohlhueter 13 City Clerk 14 15 16 APPROVED AS TO FORM 17 18 P\ // I9 Y(�1iv�41` ( /� 20 Michael d Reynolds, City Attorney 21 22 23 24 25 26 Resolution No 2763 November 21, 1996 Page 3 ORIGINAL AN AGREEMENT BETWEEN THE CITIES OF PACIFIC AND AUBURN RELATING TO URBAN SERVICE AREA DESIGNATION THIS IS AN AGREEMENT 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 A. 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 B 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 C. The Pierce County Comprehensive Plan adopted and approved by Ordinance 94-82S by the County Council identifies an urban growth area overlap between the Cities of Auburn and Pacific. D 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 be designated by the County in Exhibit "A" Resolution No 2763 Adopted 12/2/96 consultation with the appropriate Cities, under the requirement of the Growth Management Act, as amended. 3. 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. 4. 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. 5. RESPONSIBILITIES. A. 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. C. 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. 6. AMENDMENTS. A. 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. B The 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 2 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 E. The proposed amended USA agreement shall be submitted to the respective legislative authorities for approval. 7 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. 8. 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. 9 INDEMNIFICATION. A. 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. B 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 3 awarded against the City of Pacific, the City of Auburn shall satisfy the same, including all chargeable costs and attorney's fees. C. 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. D 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 4 CITY OF PACIFIC (114 IFI - Cheryl I:ertsch Mayor ProTem Date 11 /12/96 Approved as to Form: City Attorney CITY OF AUBURN By V �h ask Charles A. Booth Mayor Date /_ St City Attorney BHS\AGREEMT1 Exhibit "A" Resolution No 2763 Adopted 1212/96 5 � 1 1 l 1 I i. U .61 i ; v p ■ ppr s &ijh\ v I 'I t . 11; f 1. w xi \ Ruth N . i t, �i i i1 I . \\ ®p1 , ' I \ I t i i �� \i\ I l i i l ■I Z i 1 , i I\� awl i ■�� +�3C D i CJ I 11� ..k, =„ it , i I 3 u. 1 S . a MI i i nil I w 1 I I I i I I ;lli Pd�';, ICC Q i I I 1 1 \` 'EI S o \\cc it, X ed ) ' ,, - D 11 l/ Ot t F1 11 CO 7 '1 ;//3,43 j I I §1 I /yeas : I \s II 1 �. I b , 1444,1�•ii _ pp 1§ i / s I i 1 I 7277 v / r, )a 111. l 1 l RECORDS MANAGEMENT Ordinance No Resolution No. 0,972& - Date Adopted 1,-*Ja/Q, (kileea//h'J,/PAC C�CJ Copies to• o e- 1 ) Department Contact(s): /r - /, i rk La, l-� - taas. az/c0> Finance Department 49/9/9 - >a /In f Ott: 1/4/0 D (Copy if relates to fees, charges, or any accounting responsibility) U"4 0 2.) Code Book: 3 ) Recording File. 4 ) Citizen Requests. NAME Address cc City Clerk /' , a AAICY (MY or CHARLES A.BOOTH,MAYOR ` AUBURN CITY CLERK Robin Wohlhueter,City Clerk J,��l��aw J1 25 West Main, Auburn,WA 98001 Dani Daskam,Deputy City Clerk Auburn City Clerk:(206)931-3039 Tame Bothell, Records/License Clerk ��.�@7!� Business Registration:(206)931-3007 Fax:(206)9313053 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No 2763 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2763 " I certify that said Resolution No 2763 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 2nd day of December, 1996 Witness my hand and the seal of the City of Auburn this 26th day of March, 1997 Robin Wohlhueter City Clerk City of Auburn