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HomeMy WebLinkAbout5182 RESOLUTION NO. 5 1 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A SERVICE AREA AGREEMENT BETWEEN THE CITY OF AUBURN AND PIERCE COUNTY, ESTABLISHING WATER UTILITY SERVICE AREA BOUNDARIES WHEREAS, the City of Auburn is a water purveyor located partly within Pierce County, Washington; and WHEREAS, service area agreements are required by WAC 246-293-250 to help assure that water reserved for public water supply purposes will be utilized in the future in an efficient and planned manner; and WHEREAS, in conformity with the requirements of WAC 246-293-250, the City of Auburn and Pierce County, Washington, have developed a water utility service area agreement establishing water utility service area boundaries, with terms acceptable to both entities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Service Agreement between the City of Auburn and Pierce County, which agreement shall be in substantial conformity with the agreement a copy of which is attached hereto, denominated as Exhibit A, incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 5182 November 4, 2015 Page 1 Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. DATED and SIGNED this zeday of 2015. CITY OF AUBURN NANCY 7KUS, Mayor ATTEST: katc-N Danielle E. Daskam, City Clerk APP VED O FORM: 7 el B. Hei ; City Attorney Resolution No. 5182 November 4, 2015 Page 2 RESOLUTION No. 5182 EXHIBIT A STANDARD SERVICE AGREEMENT ESTABLISHING WATER UTILITY SERVICE AREA BOUNDARIES i City of-Auburn 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 extemal 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 within Pierce county will be utilize din 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 f service, and facilitate the best use of resources; and 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 County 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, concurs 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 plan adopted by the Pierce County Council for public water systems within critical water supply service areas within Pierce County which identifies the present and future needs of the systems and sets forth means for meeting those needs in the most efficient manner possible. C. Pierce County Water Service Area Map shall mean the map reference din this Agreement for the retail service area signed by the water purveyor, except as amended in accordance with the CWSP procedures and with the concurrence of the affected water purveyors. t"o e-01y 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 area 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 Planning and Land Services 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 28, 2015 and included as Attachment A to this Agreement, identify the water purveyor's present and future service area. 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 stipulate din an adjudication by`DOH. This Agreement shall apply to service areas existing as of August 1994, and to the service area boundaries identified in the above referenced maps, or as shown on current revisions thereof, provided that no revisions of service areas shown on these maps shall be made without prior written concurrence of the water utilities/purveyors involved and such written concurrence is filled with the Lead Agency. Revisions may also require an amendment to the purveyor's or utility's service plans. Section 5. Boundary Adjustments, If, at some time in the future, it is in the best interest of the undersigned parties to make service area boundary adjustments, such modifications must be by written concurrence of all involved utilities and the proper legislative authority(ies), and must be noted an filed with the designated Pierce County lead agency and DOH. It is understood by the undersigned 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. 2 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 any 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. IN WITNESS WHEREOF, the undersigned party has executed this Agreement as of \X I ao 5 Date Water Purveyo epresen t Title Receipt Acknowledged: Pierce CounttPlanniin6 and Land Services Department Date 3 STANDARD SERVICE AGREEMENT ATTACHMENT B Utility shall include copies of separate agreements, relating to common service areas, transfer arrangements, special working agreements, and/or retail service agreements with adjacent utilities. These agreements will be included by reference in this Interlocal Agreement. 4 J I I City of Auburn 2 D E 5 f 2ND=rE Water Purveyor Boundary eS� Retail Service Area(7/2812015) Incorporated Areas ff ; AUBURN WATEk 1 J Map Dlsdalmer.The map features are approximate and A are Intended orgy to provide an indication of said feature. v Additional areas that have not been mapped may be present.TNa la not a survey.The County assume,no ns liability for varlatio ascertalned by actual survey. 8TH ST E _ ALL DATA 15 EXPRESSLY PROVIDED'AS WAND uy 'WITH ALL FAULTS'.The County make,m warranty - of fitness fora particular purpose. Scale 1:8,000 CITY OF SUMNER CITY OF BONNE CAKE i 6 — I — I ®Pierce County P• yP Geographic Ihfo,maion Services ST i: F Planning And Land Services f 7G I -- Y T INS ThrM <rar<n/grn - Jul z8 arFTNI£N& art ry rmydr n 2O1 y an f diladon a rdd raarr ddhl,nd o7m,i� '_'Yr_'�[y p r "� am9r an / / fir, optE'a Ma,y,<e mar h< Y 5 prrnrnl.Ihsitnura ASiC.D hph—andalh<dala may no!aagn.Tbr Chanty assamrsn fandi�: N,nf eJf moral—y. DUCE TAPPS DR .4LLD T.Vi'�'A"PR J' D'AVIWALLFAULTS.rh,COaaam earearrarra, 7/ir /a,a�raY,,,arp„pa.,r,.._. ATTACHMENT A I -- i STANDARD SERVICE AGREEMENT ATTACHMENT B Utility shall include copies of separate agreement, relating to common service areas, transfer arrangements, special working agreements, and/or retail service agreements with adjacent utilities. These agreements will be included by reference in this Interlocal Agreement. Interlo cal Agreement Among the Cities of Auburn and Bonney Lake for Revision of Water District Boundaries Agreement Between the Cities of Pacific and Auburn Relating to Urban Service Area Designation Agreement Between the Cities of Sumner and Auburn Relating to Potential Annexation Area Designation 1 INTERLOCAL AGREEMENT ANIONGTHE CITIES OF AUBURN AND BONNEY LATE FOR REVISION OF WATER DIS'T'RICT BOUNDARIES THIS INTERLOCAL AGREEMENT is made and entered into,p. . an to the Interlocal Co 9.34 of the Revised Code of Washington, on the day of 2015,by and among the CITY OF AUBURN ("COA")and the CITY OF BONNEY LAKE, municipal corporations of the State of Washington (collectively, the "Cities"). RECITALSS: 1. WHEREAS, the Cities each own and operate public water systems pursuant to Chapter 70.119 RCW, are purveyors of potable water, and provide water services within the boundaries of the Cities'respective water service areas;and, 2. WHEREAS, the City of Auburn is presently revising and updating its six-year comprehensive water plan, as required by the state Department of Health pursuant to RCW 70.116 and WAC 246-290-.100;and 3. WHEREAS, the Cities' respective water services areas adjoin and abut one another in the "Lakeland Hills South" area of Pierce County, where the Cities' water service areas are derna, ated by an border or boundary line identified and described in service area agreement dated December 10, 1998 (approved by and 4ppended to COA Res. No. 3018) ("Service Area Agroomcnt'J; and 4. WHEREAS, Cities' respective water rights and obligations had been the subject of litigation which was resolved amicably pursuant to settlement agreement between the Cities dated March 5, 1998 (approved by and appended to COA Res.No. 2925) (the "March 1993 Settlement Agreement'), the terms and conditions of which continue to apply to the Cities and shall be interpreted cddsistently with the change in boundary lines agreed upon herein;and 5.WHEREAS,on February 14,2005, the Cities executed an addendum to the March 1998 Settlement.Agreemant, to revise the boundary relating to one tax parcel, which does not otherwise affect the March 1998 Settlement Agreement;and 6. WHEREAS, the Cities mutually desire to revise and adjust the border line separating their respective water service areas,presently described in Service Area Agreement, as amended by the February 14,2005 addendum to the March 1998 Settlement Agreement. NOW THEREFORE in consideration of their mutual covenants,conditions and promises, THE CITIES DO HEREBY AGREE as follows: 1. The boundary line between and separating the Cities' respective water service areas, previously established and described in Service Area Agreement, as amended by the Page 1 February 14, 2005 addendum to the March 1998 Settlement Agreement, is hereby revised and adjusted pursuant to the legal descriptions and surveyor's map attached hereto as Exhibit"A"and Exhibit"B",respectively;and 2. This revision of water service area boundary lines shall be effective immediately. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF A URN CITY OF BOYNEY LAKE ANancy _Backus M or Date Neil Johnson, ayor Date� Y Attest: Attest: -,,, Eity Clerk iry Clerk Approved as to Form: Approved as to Form: Daniel B.Heid,City Att y Date Kathleeft ard,City Atto Date Page 2 Exhibit"A" Legal Description for Water Service Area Legal description for the updated Auburn/Bonney Lake Water Service Areas of Section 6,Township 20 North,Range 5 East,W.M.,in Pierce County,Washington to supersede and replace the description contained In Service Area Agreement dated December 10,1998(Gty of Auburn Resolution 3018); A Line described as the border between the City of Auburn and Bonney Lake Water 5eryice Areas more fully described as follows(using basis of bearings of Record of Survey recorded under Auditor's File Number 200102265002 and plat of Verona recorded under Auditor's File Number 200310145002 records of Pierce County): Beginning at the South Quarter Corner of said Section 6,thence N 11°23'51"E a distance of 706.18 feet to the south line of Lot 4 of City of Auburn Short Plat SPL01-0007 recorded under Auditor's File Number 200211145001,records of said county; Thence S 71°21'43"E along said south line a distance of 290.27 feet to the beginning of a curve to the left having a radius of 1940.00 feet; Thence southeasterly 284.29 feet along said curve through a central angle of 08°23'46"; Thence S 83°10'43"E along said south line a distance of 73.72 feet to the beginning of a curve to the left having a radius of 1937.00 feet; Thence easteriy'463.31 feet along said curve feet through a central angle of 13 042'17"to the most southeasterly corner of said Lot 4; Thence N 20'03'29"W along the east line of said Lot 4'a distance of 26.26 feet to the most southerly corner of Lot 62 of the plat of Verona recorded under Auditor's File Number 200310145002,records of said county; Thence northwesterly and northerly along the southwesterly line of said plat of Verona the following courses and distances: N 81'07'30"W a distance of 359.40 feet; N 69'56'06"W a distance of 20?.35 feet; N 67'01'04"W a distance of 214.84 feet; N 54'28'29"W a dlstance of 6834 feet; N 06034'57"E a distance of 144.08 feet; N 00°41155"E a distance of 125.75 feet; N 27'•10'17"W a distance of 85.46 feet; N37°27'03"W a distance of 91.12 feet; N 52037'34"W a distance of 191.60 feet; N 61'56'46"W a distance of 51.06 feet; N 77045'32"W a distance of 89.47 feet; S 87°24'50"W a distance of 96.39 feet; 575°52'22"W a distance of 123:67 feet; 5 66 003'17"W a distance of 126.14 feet; N 70°27'52"W a distance of 122.25 feet; N 35 032'56"W a distance of 149.01 feet; N 14°48'47"W a distance of 67.81 feet; N 24 051'43"W a distance of 8236 feet; N 09°22'10"W a distance of 313.13 feet; N 06°04'45"W a distance of 184.91 feet; N 12°13'20"W a distance of 198.22 feet; N 00°12'03"W a distance of 186,02 feet to the southwest corner of Lot 33 of Verona Division 2 recorded under Auditors File Number 200502175007,records of said county; Thence.along the westerly line of said plat of Verona Division 2 the following courses and dlstances': N 00012'03"W a distance of 76.43 feet; N 11°19'16" E a distance of 94.45 feet; N 34°03'49"E a distance of 361.98 feet; N 15 033'17" E a distance of 93.08 feet; N 00°29'31"E a distance of 443:26 feet; N 03°22'34"W a distance of 149.01 feet; N 34°01'25"E a distance of 159.32 feet; N 49 938141"E a distance of 74.88 feet; N 40 040105"E a distance of 51:82 feet; N 32°43'03"E a distance of 101.56 feet; N 38°36153"E a distance of 82.95 feet; N 27°59'38" E a distance of 62.43 feet; N 26°06'34" E a distance of 277.03 feet, N 73'07'14"E a distance of 30.00 feet; 5 58 056'19"E a distance of 45.00 feet; N 49°08'11"E a distance of 99.74 feet to the most northerly corner of Tract A of said plat of Verona Division 2 and the southerly margin of Panorama Drive SE as described in Warranty Deed recorded under Auditor's File Number 200105040368,said corner being at a polnt of non- tangent curve to the left having a radius of 454.00 feet(the radius center bears N61'35'41"E); Thence southeasterly 311.66 feet along said curve and said.southerly margin through a central angle of 39'19'56"; Thence continuing along said southerly margin 5 67'44'15"E a distance of 23.06 feet to the beginning of a curve to the right having a radius of 25.00 feet; Thence southeasterly and southerly 37.96 feet along said curve through a central angle of 86059'27",an arc length of 37.96 feet to the westerly margin of Evergreen Way SE as described In Warranty Deed recorded under Auditor's File Number 200105040368 and the beginning of a reverse curve to the left having-a radius of 927.50 feet; Thence southerly 140.60 feet along said curve and said westerly margin through a central angle of 08041'08",an arc length of 140.60 feet; Thence N 55'00'00"E.along said southeasterly margin of Evergreen Way SE a distance of 166.23 feet to the beginning of a curve to the left having a radius of 430.00 feet; Thence northeasterly 283.27 feet along said curve and said southeasterly margin through a central angle of 37'44'40"to the beginning of a compound curve to the left having a radius of 1030.00 feet; Thence northeasterly 16.98 feet along said curve and said southeasterly margin through a central angle of 00'56'40"to the most northerly northwest corner of Lot 22 of said plat of Lakeland Division 1,Phase 2,arid the north line.of Section 6,Township 20 North,Range 5 East,W.M.; Thence along last said north line S 88'3443"E a distance of 808.02 feet to the northeast corner of Said Section 6 and the terminus of this tine description. The basis of bearings for this description is Record of Survey for Segregation prepared by Apex Engineering dated February 26,2001 and recorded under Auditors File Number 200102265002,records of Pierce County,Washington. 0:\SURVEY\FROJECFS\AOM430•Water\DonDey Lake Water service araa\LeeAI 9ascrlotion Water S@rv[CO Area 01.27.201S.dOrx The moat NoMedy. NaMwon corm of Lot Z3 4 / Lakdlend ON 1,Me=Z NO Cemer of QwF Ik _.1.�__ � nl _ L, I �`�,`' ���5�'"��I.� "` �11 ada,� D 1a•,f / NW ramor of Hoetherwimid at \`.r, Laketaed PeowlV The SOUDIWe,t rot Strider bowman City W AlWn `�,: ( Lot 13 Lakelaw 1 and Somrey LAD W"Sonya 1 eel Area,par dmrh,jNn nr Aprie.I g daaal 02 t a.I RoD ,& 1 (City al Auhuln Roil 7Df e1 - 1 �Q QL1� t - \ t The9outhwaetcom0rar - •�' _ - - � � Lot 87 FUI 01 Verna - OMalan 2 I �\ I i �t Job �; � �)`�/•� � '�•I.L.L.7 311 _ coal Swney Lnllo Wnfo.Swviutl + � ��� r �1 rl1t n Arrnu ptlr paearlWloalrAeiaarl+ell ` ,r N9 �(0/$BN CB ~+t �_ ••r+ 1..•'� _0 ICIrdAue.n\I.9afO) 'i Bun •``� T�� The moat aetllkad cpAm Lemma Trad•e. C.���Cw1� �. ROe ae,af•le -- .� Sa �SouttlOuorolrrromat; Exhibit "B" Auburn-Bonney Lake Water Service Boundary klapupdetadoi-n-2o ta ORIGINAL . • AN AGREEMENT BETIN'EEN THE CITIES OF PACIFIC AI\'D AU13CJ9 N YCELATRNG 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 94-825 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 REF: Resolution No. 2873 Exhibit"A" Resolution No. 2763 September 15, 1997 Adopted 12/2/96 REF: Resolution No. 2873 September 15, 1997 ' 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. Thp 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 copstruction). Recognition of physical boundaries. Exhibit"A" Resolution No. 2763 Adopted 12/2/96 2 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 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. In'DEMNIFICATION. 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 REF: Resolution No. 2873 September 15, 1997 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 sol.- 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 12/2196 4 CITY OF PACIFIC Cheryl ertech Mayor ProTem Date-444,,, .G Approved as to Form: City Attorney CITY OF AUBURN By L�,1ti�+�1 (. " Charles A. Booth Mayor Date (O 1�ppro as`�o Dorm: 11 , City Attorney i BHS\AGREEMTI Exhibit "A" Resolution No. 2763 Adopted 12/2/96 5 -711 ..A A K., 5-1 V P I I I. ( � .l.ii ; -------------J- UI ---------- z D 0 U Uj Uj Uj a I \`, I a -7. g Z < lo Z D I REF: Resolution No. 2873 Exhibit"A" Resolution No. 2763 September 15, 1997 Adopted 12/2196 REF: Resolution No. 2873 September 15, 1997 AN AGREEMENT BETWEEN THE CITIES OF SUMNEIt AND AUBURN RELATING' TO POTENTIAL ANNEXATION AREA DESIGNATION = � THIS AGREEMENT is entered into on this I0 day of JuL V, 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 Growth 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 Countywide 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 Countywide 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 County; and WHEREAS, Pierce Countywide Planning Policy No. 1 on Urban Growth areas states "The County 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 1 REF: Resolution No. 2873 September 15, 1997 In consideration of the mutual benefits, Sumner and Auburn hereby agree to the terms and conditions as set forth below: SECTION 1. PURPOSE. The purpose of this agreement is to confirm the decision made between Sumner and Auburn for the identification of Potential Annexation Area boundaries and Urban Service Areas. SECTION 2. DEFINITIONS. A. Potential Annexation Area (PAA): is a terns 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. B. 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 growth can occur only if it is not urban in nature. C. Urban_Growth Boundary: means 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 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 owners, 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 and 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 REF: Resolution No. 2873 September 15, 1997 B. Sumner and Auburn shall only annex territory within their designated PAAs. C. Sumner and Auburn 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. 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: A. Sumner and Auburn shall initiate discussions between staff to review 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" Street Corridor from Lake Tapps to SR 1671; 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. A. 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. B. 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 service). 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 TERMENATION. 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 4 REF: Resolution No. 2873 f September 15, 1997 SECTION 10 ADMINISTRATION. This Agreement shall be administered by the Mayor of the City of Sumner and the City of Auburn,or their designees. CITY OF SUMNER CITY OF AUBURN i Robert A. Moltke, Mayor Charles A. Booth, Mayor 7-14, Date Date Attest: Attest: zo,X, City Clerk City Clerk Approved as to form: Approved as to form: r, "Attorney City Attorney 5 Exhibit A Resolution No. 2762 August 5, 1996 REF: Resolution No. 2873 September 15, 1997 ��="•'t�i,'_`�1� 'fir�.�9 • p., •r; ,.•Y A Auburn'Pacific ,. . -.,. U�.yi .•. r. ,,•. ••.• r�'1'..+ ts-K M:,C�r.L tV�re'!':}i�j1' `'IY�f�`f�' �,I:° ' $ 'v+:f>N• :{'l •'y.v vv1:r• t:':.�•1,•�� �. .i•''i' ' ,� ,�—�.` ...7'::.v .•� g ~,T;�7''• , 'C' 'ilr ,� yk .r' ...` { ,%n.. •,,fi r;;�:y,.�:•h. +=' .i;'• drat •':,d -•(+:� > 'f'd lam. •+��:�•-��: cl lCli,��i e')h►I:.- _ ��•111!'..1' �Sr:,. .V�•:I.�r •+ �y��� CAS;.' all •Ci• r /// 4• \.•a r. '.''�'l ; ; r r�.'is r.,'�:y'rJY nLVr vf�'.C'tl �P6•': j' .f-:;. ,° !,.:5 a' 1.?r,M1,::1:;l7h sh�r,C '.Vp-'/ch f,�[yr,�++ .•r'd'T. � l ir• r; pp�.I Lp .:/:1 X31'1 � �:�.��1•" �r � ?-� - �, .Ir' •� 1.., •;1.�,'�+ 5 .I, „;`:.: .1.1. ,!.I' .�[.7: 'ft:;(1�:;'`k`'^Ij '��tfJl. 'i!X' - x• Q N ' •n;ai�.;'e i•` '1• � •u•O}..::p.. .'`�G..r=;.1•.:`.-;� :_ 4'al l., :�;r W :_ ... is i• ��:'� ! '.' (?.,, $ , .. ! `,i •.1 ', 1x:+1: �� i,r' a. -,�,.{,.. i� �.li' -., :.�'; y^( Cl r/�'!�` .. y��::1'��'. _r. .Y.' .%i�..l' 1. r I,f�'�^• 'll.:I:�aCAi Sri O • •'r-'••,...r+' X31/;n rt f;,,a -q:` r :{',;err,�.' 1P, •1 Exhlbft A Resolution No. 276: -0 Auc• =" 5: 1996 X November 19, 2015 Chad Williams, Senior Planner Pierce County Department of Planning and Land Services 2401 South 35th Street Tacoma, WA 98409 RE: Service Area Agreement Dear Chad Williams On November 16, 2015 the City of Auburn City Council passed Resolution 5182 authorizing a water service area agreement between the City of Auburn and Pierce County. I have included a fully signed original. Please send me a recorded copy of the agreement at your earliest convenience. Thank you. City of Auburn Attn: Shawn Campbell 25 West Main Street Auburn, WA 98001 Sincerely, Shawn Campbell Deputy City Clerk