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AG 95-237 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. - 2 - 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. - 3 - 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. - 4 - 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- - 5 - 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. - 6 - I A 352N ST Igon --,, i S. 560TH P cific