HomeMy WebLinkAbout09-201 - King County Fire District #24 - MOU and Appeal Dismissal (Tukwila South Annexation)RECITALS
09 -201
Council Approval N/A
MEMORANDUM OF UNDERSTANDING AND AGREEMENT TO DISMISS APPEAL
BETWEEN
CITY OF TUKWILA AND ANGLE LAKE/KING COUNTY FIRE DISTRICT #24
RELATING TO THE USE OF FIRE DISTRICT RESERVE FUNDS
DUE TO THE CITY OF TUKWILA
UPON COMPLETION OF THE TUKWILA SOUTH ANNEXATION
This Memorandum of Understanding and Agreement to Dismiss Appeal "MOU is
hereby entered into by the Commissioners of Angle Lake/King County Fire District #24 (KCFD
#24), a political subdivision of the State of Washington, and the Mayor of the City of Tukwila
(Tukwila), a municipal corporation. The purpose of this MOU is to set forth an Agreement
between King County Fire Protection District #24 "KCFD #24 and the City of Tukwila
"Tukwila on the installation of two additional fire hydrants on the west side of Orillia Road.
WHEREAS, in August 2009, the City submitted a Notice of Intention to the
Washington State Boundary Review Board for King County to Annex 259 acres into its
municipal boundaries from the property owner, La Pianta, LLC. The area lies south of the city
limits, west of the Green River, north of S 204 Street and east of Orillia Road, and is known as
the Tukwila South Annexation; and
WHEREAS, the Boundary Review Board held a public hearing on October 20, 2009 to
hear testimony from interested parties regarding the Tukwila South Annexation; and
WHEREAS, KCFD #24 provided a written submission as well as testimony to the
Boundary Review Board highlighting its concerns about the negative impacts caused by the
annexation on fire protection services in the portions of its district not included in the proposed
annexation; and
WHEREAS, representatives of KCFD #24 testified that they had approximately $150,000
in Reserve Funds and intended to use the funds to install two (2) new fire hydrants on the west
side of Orillia Road north of S 200 Street; and
WHEREAS, representatives from Tukwila agreed during testimony to the Boundary
Review Board to support and cooperate with KCFD #24 to complete this hydrant installation
project; and
WHEREAS, the Fire Chief from Tukwila stated before the Boundary Review Board that
he would work to cover the area not covered by the annexation and that a new fire station would
be built in the annexed area, the timing of which is dependent upon development; and
WHEREAS, the Boundary Review Board voted unanimously at its Regular Meeting on
November 12, 2009 to approve the Tukwila South Annexation; and
WHEREAS, the Fire District has taken initial steps to have two (2) new fire hydrants
installed on the west side of Orillia Road but may not be able to complete the work before the
effective date of the Tukwila South Annexation due to the complexity of the project and the
required permitting process; and
WHEREAS, on December 14, 2009 KCFD #24 filed a Notice of Appeal with the King
County Superior Court appealing the November 12, 2009 decision of the Boundary Review
Board "Appeal
NOW, THEREFORE, it is hereby agreed between the parties as follows:
AGREEMENT
1) KCFD #24 shall install two (2) new fire hydrants on the west side of Orillia Road
using its Reserve Funds prior to the required transfer date as required by RCW 35.13 et. seq.
The Fire District shall work with Highline Water District, which will own the hydrants, and a
private contractor, if required, and cause the hydrants to be installed consistent with the
Tukwila's Municipal Code for location and spacing.
2) TUKWILA agrees to waive receipt of that portion of KCFD #24 Reserve funds,
that would otherwise transfer to Tukwila in the amount required to complete the project. The
proportionate amount of Reserve Funds due to Tukwila from the Tukwila South Annexation, less
the amount spent by the Fire District to install the hydrants identified in Section 1 above, shall
transfer to Tukwila on the date required by RCW 35.13 et. seq. Although not anticipated, should
this project be in excess of the available reserve funds Tukwila understands pursuant to RCW
35.13 et. seq. that any amount in excess of the available reserve funds will be considered the
obligation of the annexed property as if the annexation had not occurred
3) KCFD #24 and Tukwila recognize that time is of the essence in the performance
of the provisions of this agreement.
4) TUKWILA agrees to provide fire service to the annexed area as well as the
remainder of the City's Potential Annexation Area that is adjacent to the Tukwila South
Annexation in conjunction with the City of Sea Tac at no cost to the KCFD and upon such terms
as are agreed between the cities until such time as the area is annexed.
5) TUKWILA agrees to undertake consideration of the planning, siting and funding
of a new fire station in the annexed area within thirty -six months of this agreement.
6) KCFD #24 and Tukwila agree to enter this MOU with the good -faith intent to
complete the hydrant installation project within the previously identified requirements listed in
the prior sections of this MOU.
7) KCFD #24 agrees to have the Appeal dismissed by the Superior Court no later
than December 30, 2009. KCFD shall execute and timely file with the court whatever motion,
order and/or other documents are necessary to accomplish dismissal by this date.
8) KCFD #24 and Tukwila may jointly agree to amend this MOU. Except as
otherwise provided herein, nothing in this agreement is intended to limit the ability of either
party to pursue its interest in litigation or administrative proceeding.
For the City of Tukwila:
Approved as to Form:
By: Shelley Kerslake
City of Tukwila C,tity Attorney
Date: k /10
For Angle Lake/King County Fire District #24
Hag By: Chris Bauer
Mayor Title: KCFD #24 Commissioner
te: t p rM hpr 3 I, 2ooc Date: Dezerwl,ed 30 '•LOO 9
Approved as to Form:
By: Mark J. Dynan
Title: KCFD #24A.ttori ey
Date: 3(1 /0 7
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