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AG 95-238 CiTY OF FEDERAL wAY L/~4w DEPARTMENT 'i~5 REQUEST FOR ~ONTRAGT PREPARATION/DOCUM~NT REVIEW/~IGNAT~RE ROUTING ~LIP AN AGREEMENT BETWEEN THJE CITIES OF FEDERAL WAY AND AUBURN RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION THIS IS AN AGREEMENT between the Cities of Federal Way, a municipal corporation of the State of Washington ("Federal Way"), 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 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 C. 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 D. 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. DEFINITIONS. Potential Annexation Area (PA_d): 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. 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) 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. 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 Public 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. B. The Cities will only annex territory within their designated PAAs. C. 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. 6. AMENDMENTS. A. A city which desires to modify the Potential Annexation Area shalI"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. B. 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. C. 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. · 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 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. 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 Federal Way shall indemnify and hold harmless the City of Auburn and its oft'leers, agents and employees, or any of them from any and all claims, actions, suits, l/ability, 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 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. B. 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 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. C. The City 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. D. 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 City 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. 10. ADMINISTRATION. This Agreement shall be administered by: A. The Federal Way City Manager or the City Manager's designee, and B. The Mayor of Auburn or the Mayor's designee. CITY OF FEDERAL WAY CITY OF AUBURN Kenneth E. Nyberg ~ Charles A. Booth City Manager Mayor Date ?///~'~//~f Date Approved as to Form: Approved as to Form: c~'Ci~~---~ City Attorney BHS\FWAGRMT EXHIBIT A POTENTIAL ANNEXATION AREA BOUNDARY Between Auburn and Federal Way