HomeMy WebLinkAboutLW10-265 - Original - King County - Panther Lake Potential Annexation Area - 11/29/2010 i
AGREEMENT BETWEEN THE CITY OF KENT AND KING COUNTY, RELATING
TO PAYMENT OF SURFACE WATER MANAGEMENT FEES BILLED IN THE
PANTHER LAKE POTENTIAL ANNEXATION AREA
THIS AGREEMENT is made and entered into on the last date signed below. The parties to this
Agreement are the City of Kent, a State of Washington municipal corporation("City"), and King
County, a political subdivision of the State of Washington ("County") (hereinafter sometimes
collectively referred to as the "Parties").
WHEREAS, effective July 1, 2010, the City of Kent annexed an area in King County referred to
as the Panther Lake Potential Annexation Area, as more fully described in Exhibit A to that
certain Interlocal Agreement Between the City of Kent and King County Relating to the
Annexation of the Panther Lake Potential Annexation Area("Annexation Area"); and
WHEREAS, the City of Kent under the authority of City Ordinance 2547 operates a
comprehensive storm water management program and such program became applicable to the
Annexation Area on July 1, 2010, and
WHEREAS, King County and the City of Kent pursuant to that certain First Addendum to
Interlocal Agreement Between King County and the City of Kent agreed to the transfer of all
King County owned drainage facilities and drainage-related real property interests to the City of
Kent within the Annexation Area,
WHEREAS, the City and the County desire to facilitate an orderly transition of storm water
management services associated with the Annexation Area, and
WHEREAS, King County billed its surface water management fee at the beginning of 2010 for
all unincorporated areas of the County, including the Annexation Area, and
WHEREAS, in order to facilitate the operation of the City of Kent's surface water program in the
Annexation Area, the Parties have agreed that one half of the funds billed for the Annexation
Area should be transferred to the City of Kent for the one half year that it has operated its surface
water management program within the Annexation Area; and
WHEREAS, one half of the amount of funds billed by King County for the Annexation Area is
calculated to be four hundred and nineteen thousand four hundred and ninety five dollars and
fifty five cents ($419,49555) exclusive of any Surface Water Management bond fee; and
WHEREAS, the King County Council in Omnibus Ordinance 16932 adjusted the Surface Water
Services revenue from the Panther Lake Area Annexation in order that these funds be accounted
for as they might be transferred to the City of Kent for storm water management purposes for the
Annexation Area for the second half of 2010;
NOW THEREFORE, in consideration of the mutual terms, provisions and obligations contained
herein, it is hereby agreed by the City of Kent and King County as follows:
1. By no later than November 30, 2010, the County shall transfer to the City
$419,495.55
2. The County shall be responsible for collecting all King County Surface Water
Management Bond fees billed until such time as these bonds are fully matured and
paid.
3. The City shall assume responsibility for billing and collection activities within the
Annexation Area for its own surface water utility charges beginning January 1, 2011.
Such charges shall not include the SWM Bond fees referred to in No 2 above.
4. The City of Kent shall use the funds it receives from King County under this
Agreement exclusively in conformity with the purposes of City Ordinance 2547 and
the provisions of the Kent City Code.
This Agreement may be executed in counterparts, each of which shall constitute an original and
all of which shall constitute one and the same agreement. Signatures may be exchanged by
facsimile with the same effect as if original signatures were exchanged.
IN WITNESS THEREOF, the Parties have executed this Agreement on the last date written
below.
Approved as to Form King County:
By. G �G DateBy: Date•
Title Deputy Prosecuting Attorney (((/ Direc r,Depart nt of Natural Resources and
Parks
Approved as to Form City of Kent:
By:` L Date IxAbO By Date: //4'Air
Title Kent Law Department T e Ma or
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