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AG 95-239 ~...l~A't£ au-r: Ira.'/ / =m~ =f FEDERAL wAY L/~w DEPARTMENT REQUEST FOR ~ONTRACT PREPARATION/DoGUM~NT REVIEW/SIGNATURE ROUTING SLIP AN AGR~£MENT BETWEEN THE CITIES OF FEDERAL WAY AND DES MOINES RELATING TO POTENTIAL ANNEXATION AREA DESIGNATION THIS IS AN AGREEMENT between the City of Federal Way, a non-charter code city ("Federal Way"), and the City of Des Moines, a non-charter code city ("Des Moines") 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 by the County Council and ratified by Cities within the County, establishes rules for designating City potential annexation areas within the countywide urban growth boundary, and C. Countywide Planning Policy LU-19 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; 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 (P/A).. 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 Area&' 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 ORIGINAL 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) 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 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: ~4 A The Cities acknowledge the PAA boundary described in Exhibit A (map t'~ and written description). ~ B The Cities will annex territory only within their designated PAAs. C The Cities shall conduct a public involvement process that may include workshops, survey, hearings, or other methods in areas within the PAA, prior to inclusion of any additional a~eas 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 45 ~. 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 6D. below. The Cities shall concur that the substantial change warrants an amendment 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 · 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, Highways and Arterials · Protection of critical/resource areas significant to a particular jurisdiction. Protection of critical areas Opportunities for urban separators ~l · Logical boundaries. ~ Elimination of unincorporated islands ~ No overlapping potential annexation areas ~'~ E. · The proposed amended PAA agreement shall be submitted to the respective ~l 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. - 3 INDEMNIFICATION. A. The City of Federal Way shall indemnify and hold harmless the City of Des Moines 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 Des Moines, the City of Federal Way shall defend the same at its sole cost and expense; provided, that the City of Des Moines reserves the right to participate in such suit if any principle of governmental or public laws involved. If final judgment be rendered against the City of Des Moines and its officers, agents and employees, or any of them, or jointly against the City of Federal Way and the City of Des Moines 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 Des Moines 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, 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 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 Des Moines, 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 Des Moines 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 Des Moines, its officers, agents and 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 Federal Way, the City of Des Moines shall defend the same at its sole costs and expense; provided that the City of Federal Way retains the right 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 Des Moines and their respective officers, agents and employees, or any of them, the City of Des Moines shall satisfy the same including all chargeable costs and attorney's fees. - 4 - 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 Des Moines from any liability or responsibility which arises in whole or in part from the existence or affect City of Des Moines 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 Des Moines ordinance, rule or regulation is at issue, the City of Des Moines 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 Des Moines, or both, the City of Des Moines 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 Des Moines City Manager or the City Manager's designee. IN WITNESS WI-IEREOF, the parties have executed this Agreement this day of December , 1995 CITY OF DES MOINES CITY OF FEDERAL WAY City Couocil at an open public //.~/~ meeting on December 12, 1996. Date ~.~,~_5-- Date: December 13, 1996 ~ Appro~v~l as to Form: ~ Approved as to Form: - 5 - EXHIBIT A FEDERAL WAY - DES MOINES 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 Des Moines. Beginning at the point along the westerly right of way line of State Route 99 which intersects with the southerly fight of way line of South 272nd Street, then running west along the south right of way line of South 272nd Street to the point of intersection with the easterly fight of way line of 16th Avenue South, and then south along the easterly fight of way line of 16th Avenue South to the point of intersection with the westerly fight of way line of State Route 99, and then south along the west right of way line of State Route 99 to the point of intersection with the southerly fight of way line of South 279th Street, and then west along the south right of way line of South 279th Street to the point of intersection with the westerly section line of section of 4-214, then south along the said westerly section line to the point of intersection with the northeast comer of the Plat of Applewood (02513), then west to the northwest comer of said plan, and then south along the west line of said plat extended to the point of intersection with the southerly fight of way line of South 284th Street. - 6 - POTENTIAL ANNEXATION AREA BETWEEN THE CITIES OF DES MOINES AND FEDERAL WAY $CALI