HomeMy WebLinkAboutCAG1999-0122 - Original - City of Renton - Potential Annexation Area Designation - 07/14/1999 CAG-99-098
AN AGREEMENT BETWEEN THE CITIES OF RENTON AND KENT RELATING TO
POTENTIAL ANNEXATION AREA DESIGNATION
THIS IS AN AGREEMENT between the Cities of Renton, a municipal corporation of the State of
Washington ("Renton"), and Kent, a municipal corporation of the State of Washington ("Kent'),
hereinafter collectively referred to as the"Cities."
RECITALS
A. Pursuant to RCW 3 6.70A.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 a common boundary for their respective PAA boundaries.
2. DEFINITIONS.
Potential Annexation Area (PAA).: 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.
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.
Urban Growth Boundary: The boundary marking the limit between the urban growth areas and
other areas such as rural and resource areas where urban growth is not permitted. The boundary
shall be designated by the County in consultation with the appropriate cities,under the
requirements of the Growth Management Act, as amended.
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3. AFFECTED PARTIES.
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 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 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 and each respective Cities' PAA illustrated in
Exhibit"A".
B. The Cities will only annex territory within their designated PAAs.
C. Kent acknowledges that Renton has legitimate concerns regarding the need to protect the
aquifer that serves its Springbrook Springs water utility and agrees to enter into
discussions within sixty(60)days of the signing of this agreement that will lead to an
agreement between the Cities to protect the Renton Springbrook Springs Aquifer recharge
area that extends to approximately SE 206th Place on the south and 108th Avenue SE on
the east. Mechanisms to be considered, include,but are not necessarily limited to, land use
regulations(type and intensity),recharge area set asides, and public education. The
agreement between the Cities shall be executed within 18 months of the signing of this
agreement.
D. Kent also acknowledges that Renton has recently acquired the Cleveland property south of
the Springbrook Trout Farm,off Talbot Road South as a future public park and Renton
acknowledges that Kent has recently acquired property south of S 200th Street for a
neighborhood park. Since service areas for these two parks will likely overlap,both Cities
agree to enter into discussions regarding the possible interface of these two recreation
facilities.
E. Renton acknowledges that Kent has identified the 196th Street Corridor project between
East Valley Highway and SR-515 as one of its concurrency projects which the City of
Kent believes should be built by 2010. Since most of this project will occur within
Renton's PAA with the potential of impacting the Springbrook Springs watershed as well
as the new park site on the former Cleveland property the Cities agree to enter into joint
discussions with each other and King County regarding the potential development
alignment, financing, and scheduling of the 196th Street Corridor project between the East
Valley Highway and 108th Avenue SE(SR-515). Representatives from both Cities' parks
and public works departments should be represented in these discussions.
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6. AMENDMENTS.
A. If either of the Cities desires to modify their respective PAA such that it would affect that
of the other City,it shall contact the other party to this Agreement to begin discussions
regarding PAA 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 6(D),below. The Cities shall concur that the
substantial change warrants an amendment to the original designated common PAA
boundary between the Cities,as shown in Exhibit"A",attached.
C. A public process shall be conducted regarding an amendment to the common PAA
boundary between the Cities. In determining whether PAA boundary amendments to the
original designated common PAA boundary between the Cities should be made the Cities
shall be guided,but not limited,by their findings with respect to the criteria in 6.D.below.
D. Criteria for Amendment to 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 unincorporated islands
No overlapping potential annexation areas
E. The proposed amended PAA agreement shall be submitted to the respective cities'
legislative authorities for approval.
7. DURATION AND TERMINATION.
This Agreement is effective upon signature of both Cities and shall continue in effect from year
to year unless terminated by a six month written notice by one City Council to the other.
8. SEVERABILTTY 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.
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9. INDEMNIFICATION.
A. Renton shall indemnify and hold harmless Kent 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 Renton, 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 Kent,Renton shall defend the same at its sole cost and expense;
provided,that Kent reserves the right to participate in such suit if any principle of
governmental or public law is involved. If final judgment be rendered against Kent and its
officers,agents and employees,or any of them, or jointly against Renton and Kent and
their respective officers,agents and employees, or any of them,Renton shall satisfy the
same,including all chargeable costs and attorney's fees.
B. In executing this Agreement,Kent does not assume liability or responsibility for or in any
way release Renton from any liability or responsibility which arises in whole or in part
from the existence or affect of Renton 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 Renton City ordinance,rule or regulation is at issue,Renton
shall defend the same at its sole expense and if judgment is entered or damages are
awarded against Kent,Renton shall satisfy the same,including all chargeable costs and
attorney's fees.
C. Kent shall indemnify and hold harmless Renton 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 Kent, 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 Renton,Kent shall defend the same at its sole cost and expense;
provided,that Renton reserves the right to participate in such suit if any principle of
governmental or public law is involved. If final judgment be rendered against Renton and
its officers, agents and employees, or any of them, or jointly against Renton and Kent and
their respective officers, agents and employees,or any of them,Kent shall satisfy the same,
including all chargeable costs and attorney's fees.
D. In executing this Agreement,Renton does not assume liability or responsibility for or in
any way release Kent from any liability or responsibility which arises in whole or in part
from the existence or affect of Kent 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 Kent City ordinance,rule or regulation is at issue,Kent shall
defend the same at its sole expense and if judgment is entered or damages are awarded
against Renton,Kent shall satisfy the same,including all chargeable costs and attorney's
fees.
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10. ADMINISTRATION.
This Agreement shall be administered by:
A. The Mayor of Kent or the Mayor's designee,and
B. The Mayor of Renton or the Mayor's designee.
CITY OF RENTON CITY OF KENT
esse Tanner )fayor
Mayor p
Date 1- 9— �q Date l
Attest:
Marilyn J. e r n Brenda Jacober
City Clerk City Clerk
Date $ Date
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