AG 95-237 - ALGONA, CITY OF
AN AGREEMF. NT BETWEEN ~
CITIES OF FEDERAL WAY AND ALGONA
RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION
TI-IIS IS A~N AGREElVI~NT between the City of Federal Way, a non-charter code city
("Federal Way"), and the City of Algona, a municipal corporation of the State of Washington
("Algona") hereinafter collectively refen:ed to as the "Cities".
RECITALS:
A. Pursuant to RCW 36.70A. 110(2), the Washington State Growth Management Act
of 1990 as mended requires each City within the County to propose the locatioa of an urban
growth area, and
B. The Countywide Planning Policies adopted and approved by Ordinance 10450 on
Iu/y 6 by the County Council and ratified by Cities within the County, establishes rules for
designating City potent/al annexation areas within the countywide urban growth boundary, and
C. Count/wide Planning Policy LU-I9 states that in coilabomtion with adjacent
count[es and cities and King County, and in consu[tadun with resident[al ~oups in affected
areas, each City shall designate a Potential Annexation Area (PAA), and
D. It is in the public interest that the jurisdictions cooperate to designate logical and
achievable PAA boundaries;
NOW TI~EREFORE, the Cities hereby agree:
1. PUKPOSE.
The purpose of this Agreement is to confirm the dec/don made between the Cities for
the identification of ?AA boundaries.
2. DEFINITIONS.
Potential Annexation Area (tAA): The unincorporated 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 Cities' 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. An Urban Growth Area is another term for
Potential Annexation Area.
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.
3. PUBLIC PROCESS.
The designation of PAAs in Exhibit A (map and written description) attache~l 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.
4. RELATIONSFITP TO EXISTING LAWS AND STATUTES.
This Agreement in no way modifies nor supersedes existing laws and statutes and is
consistent with existing laws and statutes. 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
Countywide Planning Policies for King County.
5. RESPONSIBILITIES:
A The Cities acknowledge the PAA boundary described in Exhibit A (map
and written description).
B The Cities will annex territory only within their designated PAAs.
C The Cities shall conduct a public involvement process that inclUdes
workshops, survey, hearings, or other methods ha areas within the PAA,
prior to inclusion of any additional areas within the PAA.
A. A city which desires to modify the Potential Annexation Area shall contact all
other parties to this Agreement to begin discussions regarding potential annexation
area boundary amendments. The Cities agree to participate in such discussions
when called by another city. Either Party is authorized to call a meeting upon 30
days written notice.
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B. The proposed modifications shall be supported by written evidence of a significant
change in one of the criteria listed in paragraph OD. below. The Cities shall
concur Sat the substantial change wan-ants an amendlneat to the original
designated potential annexation area.
C. A public process shall be conducted regarding an amendment to a potential
annexation area.
D. Criteria for Designation of Potential Annexation Areas
· Recogmlaon 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.
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 unincorporated islands
No overlapping potential annexation areas
E. The proposed amended PAA 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. SEVER. ABILITY CLAUSE.
Any provision of rids 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.
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9. INDICATION.
A. The City of Federal Way shall indemnify and hold harmless the City of Algona
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 against the City of Algona, the City
of Federal Way shall defend the same at its sole cost and expense; pro~fided, that
the City of Algona reserves the fight to participate in such suit if any principle
of governmental or public laws involved. If final judgment be rendered against
the City of Algona and its officers, agents and employees, or any of them, or
jointly against the City of Federal Way and the City of Algona and their
respective officers, agents a-nd employees, or any of them, the City of Federal
Way shall satisfy the same including all chargeable costs and attorney's fees. In
the event of damages caused by joint negligence, allocation of th(~se damages
shall be proportion to each party's degree of negligence.
B. In executing this Agreement, the City of Algona 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 City of Federal Way ordinances, roles or regulations. If any cause, cla/m,
suit, action or administrative proceedings is commenced in which the
enforceability and/or validity of any such City of Federal Way ordinance, rule or
regulation is at issue, the City of Federal Way shall defend the same at its sole
expense and if judgment is entered or damages are awarded against the City of
Algona, the City of Federal Way or both, the City of Federal Way shall satisfy
the same, including all chargeable costs and attorney's fees.
C. The City of Algona shall indemnify and hold harmless the City of Federal Way
and its officers, agents and employees, or any of them, from an), 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 Algona, its officers, agents and employees or any of them, relating to or
arising out of the perfomance of this Agreement. In the event that any suit based
on such a claim, action, loss or damage is brought against the City of Federal
Way, the City of Algona shall defend the same at its sole costs and expense;
provided that the City of Federal Way retains the fight to participate in said suit
if any principle of governmental law is involved; and 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 Algona
and their respective officers, agents and employees, or any of them, the City of
Algona shall satisfy the same including aH chargeable costs and attorney's fees.
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In the event of damages caused by joint negligence, allocation of those damages
shall be proportion to each party's degree of negligence.
D. In execu~ng this Agreement, the City of Federal Way does not assume liability
or responsibility for or in any way release the City of Algona from any liability
or responsibility wt~ch arises in whole or in part from the existence or affect City
of Algona ordinances, rules or regulations, ff any cause, claim, suit, action or
administrative proceedhags is commenced in which the enforceability md/or
validity of any such City of Algona ordinance, rule or regulation is at issue, the
City of Algona shaLl defend the same at its sole expense and if .judgment is
entered or damages are awarded against the City of Federal Way,- ~he City of
Algona, or both, the City of Algona shall satisfy the same, indluding all
chargeable costs and attorney's fees.
10. /'.SDM]INISTRAT][ON.
This Agreement shaL! be administered by:
A. The Federal Way City Manager or the City Manager's designee, and
B. The Mayor of Algona or the Mayor's designee
IN W2TNESS WHEREOF, the par'des have executed this Agreement this __ day of
, 1995.
CITY OF ALGONA CITY OF FEDERAL WAY
Glenn Wilson, Mayor
Date a¢'-/~-~25 Date
A~proved as to Form: Approved as to Form:
City Atto}ney ~_...--' t.~ty Attorney-
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FEDERAL WAY - ALGONA
POTENTIAL ANNEXATION AREA
BOUNDARY DESCRIPTION
The following is a description of the Potential Annexation Area boundary between the City of
Federal Way and the City of Algona.
Beginning at the point along the southerly right of way line of South 347th Street
(Iowa Street in Algona) where it intersects with Algona's west city limit; and
proceeding south along Algona's western city limit line; to the northeast comer
of Algona's water tank property**, then west around the water tank property and
back to Algona's western city l/mits, then continuing south along the western city
limits to the point where Algona's western city limit intersects the southerly right
of way line of South 360th Street.
** Algona's Water Tank Property is described as the easterly 1130 feet of Lots
6,7,8 of Block 83 of the Jovita Heights Plat//375160 Volume 20-12.
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