HomeMy WebLinkAboutCOW 2009-10-12 Item 5C - Resolution - Orillia Annexation Interlocal Agreement Negotiation COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS Number 09-143 ORIGINAL AGI D, \"I'I;: OCTOBER 12, 2009
,AG IAO ITI ;.\I1111 11 Approve a Resolution commencing the Interlocal Annexation Method (RCW
35A.14.460) for the Orillia Area Annexation (residual area) in the City's South
Potential Annexation Area (PAA) between Orillia Road and I -5
l'1(G( )It" Discussion Motion Resolution 7 Ordinance l Bid Amara Public Hearing n Other
9It; Date 10/12/09 A -Itg Date 10/12/09 111tg Date 10/19/09 Alt; Date 11Itg Date Alt, Date Alt; Date
SPONSOR 1 Cotrnetl IVlayor I 1 .4c/in Svcs U DCD Finance n Fire n Legal P &K Police PIV
SP( NSOIi'S King County wants urban areas annexed into cities in order to save money and has asked
St'`I,`I \R1. the City to renew it's commitment to annexing the rest of the PAA, as the City did in
Resolution 1561. The Boundary Review Board will hold a public hearing on October 20 on
the Tukwila South Annexation. Board staff has indicated its members are interested in the
City's continued commitment to initiate annexation of the remainder of the PAA. Adoption
of the proposed Resolution will offer both groups this assurance.
RI II(\\-'I Hy I COW Mtg. CA &P Cmte F &S Cmte I Transportation Cmte
n Utilities Cmte n Arts Comm. n Parks Comm. Planning Comm.
DATE: Tukwila South: COW and no committee review
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COM\li"1"1'i 1
COST IMPACT FUND SOURCE
ExPI :NDITURI RI?OUIRIiD AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/12/09
10/19/09
MTG. DATE ATTACHMENTS
10/12/09 I Draft Resolution, with associated maps
Resolution 1561
Memorandum of Agreement between Mayor and Executive
10/19/09
DATE: October 12, 2009
ISSUE
BACKGROUND
City of Tukwila
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Committee of the Whole
FROM: Lisa Verner, Mayor's Office
SUBJECT: Orillia Area Annexation (Adjacent to Tukwila South Annexation)
Approve a Resolution commencing the Interlocal Annexation Method (RCW 35A.14.460) for the
residual area in the City's South Potential Annexation Area (PAA) between Orillia Road and 1 -5
The City's South PAA consists of the area south of the existing city limits, west of the Green
River, north of S 204 Street, and east of 1 -5. The vast majority of this area will be annexed
through the Tukwila South Annexation, as part of the Tukwila South Project actions.
Adoption of the proposed Resolution will offer both groups this assurance.
Jim Haggerton, Mayor
The County has been concerned for several years that the City would not complete annexation
of the entire PAA. In 2004, the Council adopted Resolution 1561 stating that the City would
begin negotiations on an interlocal agreement with the County within three weeks after the
Tukwila South annexation becomes effective. Since so many years have passed, the County
asked for further assurances that the City would follow through on annexing the rest of the PAA
as part of the County's review of and support for the Tukwila South Annexation.
The Mayor and County Executive Triplett negotiated a Memorandum of Agreement stating the
City will initiate annexation of the remainder of the PAA after the Tukwila South Annexation is
effective. The document is in the process of being signed by both parties now and a copy is
attached.
The County is particularly interested in having urban areas annexed into cities in order to save
money. The County asked the City to renew it's commitment to annexing the rest of the PAA.
The Washington State Boundary Review Board for King County (BRB) will hold a public hearing
on October 20 to take testimony on the proposed Tukwila South Annexation. BRB staff has
indicated BRB members are interested in the City's continued commitment to initiate annexation
of the remainder of the PAA.
INFORMATIONAL MEMO
Page 2
DISCUSSION
The annexation process applicable to this situation is the Interlocal Annexation Method (RCW
35A.14.460). For this process, the City negotiates an interlocal agreement with the County
concerning who will provide services to the annexed area, holds a public hearing, publishes the
text of the agreement, adopts the agreement and then adopts an ordinance annexing the
territory. Residents who live in the annexed area have the opportunity to vote themselves out
through a referendum process if they object to the annexation. A more detailed description of
the process is listed below:
The process is begun by the Council adopting a resolution "commencing negotiations"
for an interlocal agreement with the County for annexation of territory, described in the
agreement, that is within the City's UGA and that has at least 60% of its boundaries
contiguous to the annexing city and one or more cities.
After the resolution is adopted, the County and the City are to negotiate and try to reach
agreement regarding the annexation. The negotiation period can last 180 days and can
be extended by resolution for one or more 6 -month periods.
Once agreement is reached, the County Council and the City Council must hold a public
hearing (this can be a joint hearing, or each can hold its own hearing).
The County and the City must either separately or jointly publish the text of the
agreement at least once a week for two weeks before the date of the hearing(s) in one
or more newspapers of general circulation in the area proposed for annexation. These
publications should also provide notice of the public hearings.
Following the hearings and adoption of the agreement between the County and the City
providing for annexation of the unincorporated island, the City Council adopts an
ordinance annexing the territory as described in the agreement. The ordinance may
provide specific proposed zoning for the area as well as addressing issues of
indebtedness. The ordinance must set the date that the annexation is to be effective,
but that date must be 45 days or more following the date of ordinance adoption to
accommodate a referendum procedure.
The City must publish notice of the effective date of the annexation at least once a week
for two weeks after passage of the ordinance in one or more newspapers of general
circulation in the area to be annexed.
The annexation is then subject to a referendum election it within 45 days of adoption of
the annexation ordinance, a sufficient referendum petition is filed with the City Council.
A referendum petition is sufficient if it is singed by registered voters representing not less
than 15% of the number of votes cast at the last state general election in the area to be
annexed. If a sufficient petition is filed, an election on the annexation is to be held at a
general election in the annexation area and is subject to majority vote.
There are 14 parcels of land within the proposed annexation boundaries, including 8 homes.
One parcel is used for truck leasing and repair.
The and area within the boundaries of Fire District #24 consists of this proposed residual
section of the City's PAA and a small area within Kent's PAA south of S 204 Street
(approximately 10 acres). Currently the District contracts with the City of SeaTac for fire
services as the District does not have buildings, equipment or personnel. As part of interlocal
agreement negotiations with the County, the City will discuss the future of the portion of Fire
District #24 in the City's PAA.
W:12009 InfoMemos\TSOrillia Area Annex 10- 12- 09.doc
INFORMATIONAL MEMO
Page 3
RECOMMENDATION
Council is being asked to consider a resolution commencing the Interlocal Annexation Method
(RCW 35A.14.460) for the Orillia Area Annexation (residual area) in the City's South Potential
Annexation Area (PAA) between Orillia Road and 1 -5 at the October 12, 2009 Committee of the
Whole meeting and subsequent October 19, 2009 Regular meeting.
ATTACHMENTS
Draft Resolution, with associated maps
Resolution 1561
Memorandum of Agreement between Mayor and Executive
W: \2009 InfoMemos \TSOrillia Area Annex 10- 12- 09.doc
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, COMMENCING NEGOTIATIONS FOR AN INTERLOCAL
AGREEMENT WITH KING COUNTY FOR ANNEXATION OF THE ORILLIA
AREA TO THE CITY OF TUKWILA.
WHEREAS, RCW 36.70A.110(2), the Washington State Growth Management Act of
1990, as amended, requires each city within a county to propose the location of Urban
Growth Areas (UGA's), and RCW 36.70A.210 states that counties are regional governments
within their boundaries, and cities are primary providers of urban governmental services
within UGA's; and
WHEREAS, the Washington State Growth Management Act and Countywide Planning
Policies call for all urban areas to be inside cities by 2012 to enable counties to focus on
delivery of regional and rural services; and
WHEREAS, the City of Tukwila has commenced annexation proceedings for the La
Pianta Property located within the City's Potential Annexation Area described and attached
hereto as Exhibit A; and
WHEREAS, the completion of the La Pianta annexation will leave a small
unincorporated area immediately to the west of the area "Orillia Area leaving Tukwila
as the most logical service provider for this unincorporated island, described and attached
hereto as Exhibit B; and
WHEREAS, RCW 35A.14.460 allows for annexation when an unincorporated area is
within the City's UGA and has at least 60% of its boundaries contiguous to a city, which
describes this Orillia Area; and
WHEREAS, this method of annexation calls for the negotiation of an interlocal
agreement with King County addressing annexation issues to be voted upon by the
governing bodies of each jurisdiction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
City staff is directed to commence negotiations with King County for the annexation of
the Orillia Area, described and attached hereto as Exhibit B.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2009.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
DRAFT
Attachments: Exhibit A Tukwila South Annexation Area Map
Exhibit B Orillia Area Annexation Map
W: \Word Processing Resolutions \Orillia Area Annexation.doc
LV:ksn 10/08/2009
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 1 of 1
08/2009
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Tukwila South Annexation Area
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Orillia Area Annexation
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City of Tukwila
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Annexation Commitment 10 /28/04
Washington
Resolution No. L)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, COMMITTING TO INITIATE AN ANNEXATION PROCESS
FOR A CERTAIN UNINCORPORATED ISLAND OF TERRITORY AFTER
SUCH ISLAND BECOMES CONTIGUOUS TO THE CITY.
WHEREAS, the City has received a notice of intention to commence annexation
proceedings related to the territory known as the La Pianta annexation area, the boundaries of
which are described in Exhibit A, which is attached hereto and incorporated as if set forth in
full; and
WHEREAS, the City Cotuncil intends to authorize the circulation of an annexation
petition for the La Pianta annexation area; and
WHEREAS, the La Pianta annexation area lies within the Tukwila South Potential
Annexation Area identified by the Tukwila Comprehensive Land Use Plan; and
WHEREAS, the La Pianta annexation will reduce but not eliminate King County's
obligation to provide mtunicipal services to an area that is difficult for the County to serve due
to its size and isolation from other County service areas; and
WHEREAS, the King County Countywide Planning Policies recognize cities as the
appropriate provider of local urban services to urban areas; and
WHEREAS, King County has indicated it will support the La Pianta annexation if the
City commits to timely annex the remainder of its Tukwila South Potential Annexation Area,
the boundaries of said remainder being described in Exhibit B, which is attached hereto and
incorporated herein as if set forth in full; and
WHEREAS, the City of Tukwila is willing to annex the area described in Exhibit B, but
would like to delay action on this annexation until after a final resolution his been reached with
respect to the La Pianta annexation area;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Within three weeks after the area described in Exhibit A becomes contiguous
to the City of Tukwila, the City Council will adopt a resolution commencing negotiations
pursuant to RCW 35A. 14.460 for an interlocal agreement between the City and King Colmty to
accomplish the annexation of the area described in Exhibit B to the City, and directing staff to
complete said negotiations on an expedited basis. Within six weeks of approval of said
negotiated interlocal agreement by the City and King County, the City will adopt an ordinance
providing for the annexation of the area described in Exhibit B, which ordinance shall provide
for an effective date of annexation not later than sixty (60) days after adoption of the ordinance.
PASSED BY THE CITY CQU CIL OF THE OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this f 61 day of Pf l he A 2004.
Haggerf/Council President
Filed with the City Clerk: (-1
Passed by the City Council: C
Resolution Number:
L.
"EXHIBIT A"
(to resolution committing to initiate an annexation process...)
THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF
THE CITY OF TUKWILA DESCRIBED AS FOLLOWS:
"THAT PORTION OF UNINCORPORATED KING
COUNTY, WASHINGTON:
BOUNDED ON THE NORTH BY THE EXISTING
SOUTHERLY. CITY LIMITS OF THE CITY OF
TUKWILA, IN THE IMMEDIATE VICINITY OF THE
SOUTH 188 STREET INTER- CHANGE;
BOUNDED ON THE EAST BY THE WEST MARGIN
OF ORILLIA ROAD SOUTH;
BOUNDED ON THE SOUTH BY THE CENTERLINE
OF SOUTH.204 STREET, EXTENDED WESTERLY
TO ITS POINT OF. INTERSECTION WITH THE
EXISTING EASTERLY CITY LIMITS OF THE CITY
OF SEATAC; AND
BOUNDED ON THE WEST BY THE EXISTING
EASTERLY CITY LIMITS OF THE CITY OF
SEATAC."
"EXHIBIT B"
(to resolution committing to initiate an annexation process...)
THAT PORTION OF UNINCORPORATED KING COUNTY LYING SOUTH OF
THE CITY OF TUKWILA DESCRIBED AS FOLLOWS:
"THAT PORTION OF UNINCORPORATED KING
COUNTY, WASHINGTON:
BOUNDED. ON THE NORTH BY THE EXISTING
SOUTHERLY CITY LIMITS OF THE CITY OF
TUKWILA RUNNING EASTERLY FROM THE
VICINITY OF THE SOUTH 188 STREET
INTERCHANGE TO THE INTERSECTION OF THE
CITY LIMITS WITH THE GREEN RIVER;
BOUNDED ON THE EAST BY THE GREEN RIVER;
BOUNDED ON THE SOUTH BY THE NORTH
MARGIN OF SOUTH 204 STREET; AND
BOUNDED ON THE WEST BY THE WEST MARGIN
OF ORILLIA ROAD SOUTH RUNNING NORTH TO
THE INTERSECTION OF ORILLIA ROAD SOUTH
WITH THE CITY LIMITS OF THE CITY OF
TUKWILA IN THE VICINITY OF THE SOUTH 188
STRE r INTERCHANGE."
t IiL.L.. 1
LA PIANTA LLC
The undersigned property owner hereby notifies the City of Tukwila of the
property owner's intent to commence annexation proceedings pursuant to RCW
35A.14 120 The proposed annexation territory is solely owned by the undersigned and a
map and legal description is attached to this petition. As the undersigned is the property
owner of the majority of the proposed annexation area, the 10% requirement of RCW
35A.14 120 is hereby met. The undersigned requests that the City Council set a date, no
more than sixty (60) days after the filing of this request, for a meeting with the
undersigned to determine whether the City Council will accept, reject or modify the
proposed annexation and resolve other issues as required by state law
D to
PROPERTY OWNER.
LA PIANTA LLC, a Washington limited
liability company
By Metro Land Development, Inc.,
a Washingto corporatio its Manager
By O06).
Mark A. Segal; Vice President
ANNEXATION PETITION
5811 Segale Park Drive C
Tukwila, Washington 98188
P 0 Box 88028
Tukwila, Washington 98138 -2028
Telephone, (206) 575 -2000
Facsimile. (206) 575 -1837
I
C\Documents and Settings\ECampbell \Local Settings \Temporary Internet Files \OLK3 \ANNEXATION PETITION (10°,47'44
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MEMORANDUM OF AGREEMENT
BETWEEN
MAYOR OF TUKWILA AND THE KING COUNTY EXECUTIVE
RELATING TO THE ANNEXATION OF TUKWILA SOUTH ANNEXATION
AREA AND SUBSEQUENT ISLAND ANNEXATION
This Agreement is hereby entered into by the County Executive of King County, a
home rule charter county, a political subdivision of the State of Washington, and the
Mayor of the City of Tukwila, a municipal corporation.
RECITALS
WHEREAS, in 2004, the county embarked on a multi -year initiative, partnering
with cities, communities and the state legislature, to accomplish annexations at a faster
pace, finding additional funding sources to smooth the transition to city government, and,
where appropriate, seeking changes in state annexation law; and
WHEREAS, the city of Tukwila has commenced annexation proceedings for the
Tukwila South Annexation, Boundary Review Board File Number 2304, hereinafter
called "Tukwila South Annexation located within the City's PAA and under ownership
or control by La Pianta LLC; the Tukwila South Annexation is depicted in Exhibit A; and
WHEREAS, once that annexation is completed it will leave a small
unincorporated area, hereinafter called the "Residential Island immediately to the west
of the Tukwila South Annexation; and
WHEREAS, the Tukwila South Annexation to Tukwila would make Tukwila the
most logical service provider for the Residential Island; the Residential Island is depicted
in Exhibit B; and
WHEREAS, the City Council of the City of Tukwila passed on November 1,
2004, a resolution declaring its intent to begin the annexation process for the Residential
Island property within three weeks after the annexation of the Tukwila South Property;
and
NOW, THEREFORE, it is hereby agreed between the parties as follows:
AGREEMENT
1) The City of Tukwila shall initiate the annexation of the Residential Island,
depicted in Exhibit B, under the interlocal method of annexation (RCW 35A.14.460)
within three weeks of the effective date of the annexation of the Tukwila South
Annexation to the City of Tukwila.
City /County MOA
Page 2 of 2
2) The City of Tukwila shall set the effective date for the Tukwila South
Annexation on or before December 31, 2009.
3) King County agrees to support the Tukwila South Annexation.
4) Should the Tukwila South Annexation to the City of Tukwila not become
effective by December 31, 2009, the Mayor of the City of Tukwila shall recommend to
the Tukwila City Council that it commence efforts to annex the entire PAA (both the
Tukwila South Annexation and the Residential Island) by June 30, 2010.
For the City of Tukwila: For King County:
By: Jim Haggerton By: Kurt Triplett
Title: Mayor Title: King County Executive
Dated: Dated:
Approved as to Form: Approved as to Fonn:
By: Shelley Kerslake By: Darren E Carrell
City of Tukwila Legal Counsel Senior Deputy Prosecuting Attorney
Dated: Dated:
2
Exhibit A
"Tukwila South Annexation Area Map"
and
Exhibit B
"Orillia Area Annexation Map"
to this Memorandum of Agreement
are identical to the map
Exhibits A and B
attached to the Annexation Resolution