HomeMy WebLinkAboutCAG1996-0564 - Original - King County - 240th/196th/200th St & SE 277th Corridor Improvements - 03/18/1996 AN iNTERLOCAL AGREEMENT
BETWEEN 1UNG COUNTY AND THE CITY OF VENT
RELATING TO THE' SE 240TH-STREET 196TW200TH STREET AND SE
277TH CORRIDOR IMPROVEMENTS
This Agreement is hereby made and entered into between King County, a home Wile
charter county, a political subdivision of the State of Washington(hereinafter called the
"County', and the City of Kent, a municipal corporation of the State of Washington
(hereinafter called the"City"),
WHEREAS,the Countywide Planning Policies, adopted and approved by the
Metropolitan King County Council and ratified by cities within the County, include
policies calling for collaboration between the County and the cities that have designated
potential annexation areas within the Urban Growth Area, established pursuant to the
Growth Management Act, in order to provide urban services and facilities within the
potential annexation areas; and
WHEREAS, King County has responded to the rapid erosion of the County Road Fund's
tax base resulting from annexations and incorporations by adopting a policy that allows
the King County Department of Public Works,Roads &Engineering Division, to
continue to design and construct safety and operational improvements within potential
annexation areas without financial participation by the affected city,but requires a cost-
sharing agreement with the affected city prior to awarding a construction contract on
major growth-oriented roadway capacity improvements; and
WHEREAS, the City of Kent has recently received approval from the Boundary Review
Board to annex an area that is approximately 5.2 square miles in size,lying east of the,
City of Kent on the Soos Creek Plateau(the"Meridian Annexation"); and
WHEREAS,the boundaries of the Meridian Annexation, as proposed by the City and
approved by the Boundary Review Board, abut--but do not include --the rights-of-way
(ROW) for three County arterials with major growth-oriented roadway capacity
improvements programmed for various stages of work in the County's adopted 1995-
2000 Roads Capital Improvement Program(CIP); these arterials are SE 240th Street,
132nd Avenue.SE, and SE 25.6th Street; and
WHEREAS, these three arterials will remain in the City of Kent's potential annexation.
area upon the effective date of the Meridian Annexation; and
WHEREAS, at this time, the City is interested in participating in only one of the
County's road widening projects on the border arterials --the SE 240th project(CIP No.
500187), which would widen the existing two-lane road to five lanes between 116th
Avenue SE and approximately 500 feet east of 132nd Avenue SE, ; and
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WEEREAS, the County has previously appropriated fonds for the segment of the City's
196th/200th Street Project that lies within unincorporated area and the County Council
has previously placed restrictions on making these funds available to the City;
NOW THEREFORE,pursuant to RCW 39.34,the County and City hereby agree:
1. PURPOSE. The purpose of this Agreement is to delineate the respective roles of the
City and County in completing the,design and construction of a major road widening,
project on SE 240th Street; and to clarify financial responsibilities for a portion of the
City's 196th/200th Corridor improvement. The County has expended funds in designing.
and obtaining ROW for CIF Project No. 500187. The.County and City agree, at this
time, to proceed only with the portion of the County's CIP Project No. 500187 that will
widen SE 240th Street to five lanes from 116th Avenue SE to 900 feet east of 132nd
Avenue SE (the"Project"), The three-lane portion of CIP Project No. 500187 will be
delayed indefinitely, unless the County Council determines that three-lane road
improvements in Potential Annexation Areas are not subject to the new cost-sharing
policy.
2. PROJECT MANAGEMENT AND COORDINATION. The County will be the
lead agency for the completion of design,ROW acquisition and construction of the
Project. Prior to finalizing the plans,and specifications for the Project,the County will:
a. Adjust the eastern terminus of the Project to tie into the existing two-lane section at
approximately 900 feet easterly of 132nd Avenue SE,if made necessary by the deferral of
the three-lane segment; and
b. Allow the City's Public Works Department to review the plans and specifications for
potential cost savings that might result fro
substituting City road design standards for
County standards. The County Road Engineer will determine whether to substitute City
standards, as proposed by the City's'Public Works Director.
2.1 Property Acquisition for Shared Border Section. The County shall be
responsible for the acquisition of all property necessary for the Shared Border Section,
including property along 116th Avenue Southeast, 120th Avenue Southeast, as well as
along Southeast 240th Street. The City agrees to cooperate, as necessary, in the County's
efforts to acquire property that lies within the City's corporate limits;the City agrees to
use its land use authority to require dedication'of the property required for the Shared
Border Section by.any affected property owners with pending land use actions. The City
authorizes the County to exercise eminent domain, as necessary,to acquire property for
the Shared Border Section that lies within the corporate limits of the City. Any County
expenditures for property acquisition for the Shared Border Section will be shared by the
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SE 240th Street Interlocal Agreement
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City and County pursuant to the method described in Sections 3.3 and 3.4 of this
Agreement.
2.2 Right of Entry. The City grants the County right of entry into the corporate limits,
of the City for the purpose of performing any and all tasks necessary to complete the
Project.
3. COST-STIRRING. Prior to the effective date of the County's capacity project cost
sharing policy (January 1, 1996), the County has appropriated a total of$2,440,070 for
CIP Project No. 500187 (the "Existing Appropriations"). These funds will be expended
by the County on activities related to completing the Project,without any reimbursement
from the'.City.
3.1 Additional Appropriation. An estimated$7,204,510 additional appropriation is
need to complete ROW acquisition and construction of the Project; A portion of this cost
($4,970,664) is associated with the segment of the Project that lies on the northern border
of the Meridian Annexation,from 116th Avenue SE to about 127th Avenue SE, (the
"Shared Border Section"). The remainder of the estimated additional appropriation is for
the balance of the Project that extends to 900 feet east of 132nd Avenue SE.
3.2 TIA Grant. The County has acquired a Transportation Improvement Account (TIA)
grant for CIP Project No. 500187. The City and County agree to cooperate in requesting
approval of the Transportation Improvement Board(TIB)to use the unexpended balance
of the grant on the Project, in recognition of the fact that the three-lane section:of CIP
Project No.•500187 will be deferred indefinitely.
3.3 Shared Border Section Costs. The City agrees to pay the County one-half of the
costs associated with the Shared Border Section of the Project, between 116th Avenue SE
and 127th Avenue SE, after deducting moneys received from Existing Appropriations
and the TIA grant. These costs will be reimbursed on the basis of monthly progress
billings prepared by the County, commencing upon the depletion of the Existing
Appropriations. _
3.4 City's Liabilities Upon Annexation. The City also agrees to reimburse the.County
for the undepreciated value of the County's investment in the balance of the Project (nett
of Existing Appropriations and grants) at whatever point in the future the City annexes
territory surrounding the Project. This includes territory to the north of SE 240th Street
along the Shared Border Section of the Project, or to the north and/or south of the
segment that extends to 900 feet east of 132nd Avenue SE. This reimbursement will be
made as follows:
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30 days 3.4.1 Annuity Established. Within thirty ( ) s of completing construction of the Y
Project ,King County will establish and transmit to the City an annuity to depreciate the
value of the County's investment over an assumed 20-year useful life of the Project,with
a nominal interest rate of 4%. "Annuity Year" shall mean a 12 month period. Annuity
Year 1 shall commence on the first day of the first month following completion of
construction of the Project, as certified to the City by the County Road Engineer. Each
succeeding Annuity.Year shall commence on the anniversary of the commencement of
Annuity Year 1. The initial value to be depreciated will be the total Project expenditures
made by the County, less those funds appropriated prior to 1996 and less any federal or
state grant funding received by the County for the Project. [Attached is an illustrative
estimated annuity schedule for the Project.]
3.4.2 Payment Options. Upon annexation of the pursuant o the surrounding term °y, the City
Will
have the option of making annual payments,
the
undepreciated value of the Project, or to make a lump sum payment. The City's
obligation for making annual payments or a lump sum shall begin in the month of the
Annuity Year in which the annexation takes effect. If the City elects to make annual
payments, the City shall pay all moneysdues for the remaining months of that Annuity
Year, and for all remaining Annuity Years when due (see Section 3.4.3). If the City
p sum will'be adjusted, as necessary, for a partial
elects the lump sum option,the City lum
Annuity Year based upon the effective date of the annexation. If the annexation takes
effect before the Project construction is complete,the City's obligation begins in the first
month of Annuity Year 1.
3.4.3 Payment Schedule. Within thirty (30) days of the effective date of a future
annexation by the City of the territory surrounding the Project,the City will notify the
County which payment option it chooses. Within thirty (30) days of receipt of this
notice, the County will transmit to the City an invoice and payment schedule. The City
will make payment within thirty (30) days of receipt of the invoice.
3.4.4 Partial Annexation. If a future annexation by the City includes a portion-- but
not all -- of the territory surrounding the Project,the City will be obligated only for a pro
rata allocation of the Project annuity. This pro rata allocation will be based on the portion
of the total lineal feet of the Project that is included in the annexation area.
3.5 Mtigation Fees, The City shall not impose mitigation fees for this project on
developments in unincorporated King County unless a reciprocal impact fee.agreement
with the County is executed and implemented.
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4. CORPORATE BOUNDARY
The corporate boundary of the City adjacent to the Shared Border Section, as approved
by the Boundary Review Board, is the south margin of Southeast 240th Street. Widening
of the Shared Border Section will require right-of-way acquisition and will result in a
southerly shift of the south margin of Southeast 240th Street by about 20 feet ("Relocated
South Margin"). Pursuant to RCW 35A.21.210 the City and County agree that upon
completion of the Shared Border Section of the Project, as certified in writing to the City
by the County Road Engineer, the corporate boundary of the City shall coincide with the
Relocated South Margin of Southeast 240th Street.
5 19'6TH/200TH STREET CORRIDOR
5.1 King County Contribution. The City's 196th/200th Street major widening project
includes a segment in the unincorporated area bounded by the cities of Sea-Tac,Tukwila
and Kent. The King County Council has previously appropriated County Road Fund
moneys for this segment of the City's project, a portion of which have been made
available to the City through a May 1993 Interagency Agreement for the design of the
improvement and for construction of the intersection at Orillia Road.
5.1.1 Sea-Tac/TukwiIa Annexations. Both the cries of Sea-Tac and Tukwila have
previously expressed interest in annexing the area that includes this segment of the City's
196th/200th Street Project. Notwithstanding the 1992 County Council budget proviso for
this project and the•1995 Roads Capacity Project Budget Proviso,no pre-annexation
agreement with either city will be required prior to amending the May 1993 Interagency
Agreement to authorize transfer of the County's appropriated funds for the construction
phase of this project.
5.2 Sea-Tac/Tukwila Corridor Contributions. Although no prior pre-annexation .
agreement with either Sea-Tac or Tukwila will be required as a condition of releasing the
County Road Fund dollars appropriated for the City's 196th/200th Project, the County
will use its best efforts to secure a cost-sharing agreement with the affected city, seeking
a commitment to repay the undepreciated value of the County Road Fund investment in
the project, similar to methodology used for the SE 240th Street cost-sharing described in
Section 3.4 of this Agreement. Any funds reimbursed to the County by Sea-Tac'or
Tukwila for the County Road Fund's share of the City's 196th/200th Project will be used
by the County for other improvements in the 196th/200th Corridor.
5.3 Property Acquisition. As stipulated in the "Interagency Agreement for the South
196th/200th Street Project," executed in July 1993,the City shall be responsible for the
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SE 240th Street Interlocal Agreement
Page 6
acquisition of all property necessary forthe South 196th/200th Street Project, including
property 4the unincorporated area. Notwithstanding Section 2.7 of the July 1993
lnteragenc}Agreement on this project, the County authorizes the City to exercise
eminent domain, as necessary,to acquire parcels in the unincorporated area that require
condemnation. Allocation of property acquisition costs between the City and County will
be governed by Section 3 of the July 1993 Interagency Agreement. The County agrees to
cooperate;as necessary, in the City's efforts to acquire property that lies within the
unincorporated area.
6. SE 277th Corridor. King County recently completed its preliminary environmental
review of the Southeast extension of the SE 272/277th Corridor Project. however,nearly
one-half of this portion of that Project now lies within the City of Kent. At this time, the
City has indicated it is not willing to enter into a joint financing agreement for the
construction of that project, as would be required by the County's Capacity Proviso. For
this and other reasons, when adopting its 1996-2001 Roads CIP,the King County
Council deferred indefinitely any funding for preparing an EIS for the Southeast .
extension portion of this project. As a result, King County will not pursue further project
development activity on this portion of the 272/277th Corridor Project unless a pzior
agreement with the City is reached regarding joint funding for the project.
7. RELATIONSHIP TO EXISTING LAWS AND STATUTES. This Agreement is
in no way intended to,modify or supersede existing lbws and statutes and shall be
construed in a manner which is.consistent therewith. 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, the King County Countywide Planning Policies, the King County
Comprehensive Plan and any other applicable laws and regulations.
8. POTENTIAL POLICY CHANGE. If the County's annexation policy regarding
major roadway capacity improvements is amended in a manner that is more favorable to
cities in King County with respect to requiring cost-sharing agreements for such projects,
then the parties shall reopen negotiations with respect to the cost-sharing provisions of
this Agreement. Additionally, if the County's road capacity improvement annexation
policy is repeated or so substantially altered that its effect is essentially void,then the
portions of this Agreement requiring City payments in'the event of future annexations,
shall also be void.
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9e ADMINISTRATION
91 Project Team. The provisions of this Agreement will be managed by a Project
Team composed of the King County Executive or designee and the Mayor of Kent or
designee, with additional staff to be determined by each party.
9,2 Administrative Procedures. The Project Team will meet as necessary to ensure that
the provisions of this Agreement are fulfilled and will develop written procedures and
records as required to accomplish the work of this Agreement.
9.3 Conflict Resolution. The Project Team will use consensus to reach agreements. In
the event consensus cannot be reached,on an issue;the parties will first seek the.
assistance of a neutral mediator,selected jointly. If the issue still cannot be resolved, the
issue will be forwarded to the legislative authorities of the City and County for resolution.
Io. VENUE AND APPLICABLE LAW
In the event that either party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement,the parties hereto agree that any
such action shall be initiated in the King County Superior Court of the State of
Washington. The parties hereto agree that all questions shall be resolved by application
of Washington law and that the parties to such action shall have the right of appeal from .
such decisions of the King County Superior Courtin accordance with the laws of the
State of Washington.
Il. TERMINATION
I
This Agreement is effective upon approval by the governing bodies of the City and
County and upon signature of the parties. The Agreement shall continue to be in effect .
from year to year unless terminated upon written agreement by both parties.
12_ AUDITS AND INSPECTIONS
The records and documents with respect to all matters covered by this Agreement shall be
subject to inspection,review or audit by the County or the City during the terms of this
Agreement and three (3) years after termination.
13. NON-WAIVER OF BREACH
The failure of either party to insist upon strict performance of any of the covenants and
agreements contained herein, or to exercise any option herein conferred in one or more
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instances shall not be construed to be a waiver or relinquishment of those covenants,
agreements or options, and the same shall be and remain in fall force and effect.
14. IODIFICATION
No waiver, alteration, or modification of any of the provisions of this agreement shall be
binding unless in writing and signed by a duly authorized representative of the City and
the County:
15. ENTIRE AGREEMENT
This written agreement supersedes all prior verbal statements of any officer or other
representative of the City and the County, and those statements shall not be effective or
jag in any manner this
be construed as entering into or forming a part of or alter
agreement. The entire agreement between the parties with respect to the subject matter
hereunder is contained in this Agreement.
16. INVALID PROVISIONS
If any provision of this Agreement shall be held invalid,the remainder of the Agreement
remainder would then continue to serve the purposes
shall not be affected hereby if such
and objectives of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
last written below.
KING COUN CIT KENT
By By
its puT d/E _ its
Date: `! 6` �P Date:
Attest
Approved as to form: Approved as to form:
y
eputy Prosecuting Attorn� Kent Ci E'y
B
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principal 1,810,709
rate 0.04800 4.80X
term 20
PAYMENT INTEREST PRINCIPAL BALANCE
142,942.26 1,810,709.00
1 142.842.26 86.914.03 55,928.23 1,754,780.77
2 142,842.26 .84.229.48 58.612.78 1,696,167.99
3 142,842.25 81,416.06 61.426.20 1,634,741.79 '..
4 142.842.26 78.467.61 64,374.65 1,570,367.14
5 142,842.26 75,377.62 67,464.64 1,502,902.50
6 142,842.26 72,139.32 70,702.94 1,432,199.56
7 142,842.26 68.745.58 74,096.68 1,358,102.88
8 142.842.26 65,188,94 77,653.32 1,280,449.56
9 142.842.26 61.461.58 81,380.68 1.199.068.88
10 142,842.26 57,555.31 85,286.95 1.U3,781.92
11 142,842.26 53,461.53 - 89.380.73 1,024,401.19
12 . 142,842.26 49,171.26 93,671 A0 930,730.19
13 142.942.26 44,675.05 98,167.21 832,562.98
14 142.842.26 39,963.02 102,879.24 729,683.74
15 142,842.26 35,024.82 107,817.44 621,866.30
16 142,842.26 29,849.58 112,992.68 508,873.63
1.7 142.842.26 24,425.93 118.416.33 390,457.30
18 142.842.26 18.741.95 124,100.31 266,356.99
19 142,842.26 12,785.14 130,057.12 136,299,87
20 142,842.26 6.542.39 136.299.87 0,00
2,856,845 1,046,136 1,810;709
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Xing County !i
Deparboa nt of Transportation -
821 Second Aveave
Swale,WA 98104-1598
April 11, 1996
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T0: Gary Locke, King County Executive
FM: Paul Toliver,Director, King County Department of Transportation l`
RE: Interlocal Agreement Between King County and the City of Kent
Regarding the SE 240th Street and South 196th/200th Corridor Improvements
Enclosed for your signature are three originals of an interloeal agreement between King County
and the City of Kent regarding the SE 240th Street and South 196th/200th Corridor
Improvements. The King County Council approved Motion 9811 on March 11, 1996
authorizing you to enter into this agreement.
This is the first agreement prepared and approved in response to a policy which requires
negotiating cost sharing arrangements prior to awarding construction contracts for major
growth-oriented roadway capacity improvements in city designated potential annexation areas
located in the Urban Growth Area. The agreement provides for a cost sharing arrangement
with the City of Kent for construction of improvements that is to be undertaken by the County
on SE 240th Street (CTP No. 500187)which borders the City's recent Meridian Annexation
Area The agreement also addresses the use of previously authorized County funds to support
y the Cit o£Kent's 196th/200th Street major widening project.
If you have any questions, please contact Jesse Krail, County Road Engineer, Manager of the
Road Services Division, at extension 6-6590.
PT:lb .
Enclosure
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