HomeMy WebLinkAboutCAP 2011-03-14 Item 2B - Resolution - North Highline Annexation with King County ILA v,
L City of Tuk Tukwila
S'rq 1 Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
To: Mayor Haggerton
Community Affairs Parks Committee
From: Jack Pace, Community Development Director p
Date: March 9, 2011
RE: Resolution to Commence Negotiations with King County for the North
Highline Annexation Area
ISSUE
To initiate the annexation of Tukwila's Potential Annexation Area (PAA) in North Highline using
the Interlocal Agreement method, Tukwila City Council must adopt a resolution commencing
negotiations with King County.
BACKGROUND
Tukwila designated the North Highline area as a potential annexation area (PAA) in the City's
Comprehensive Plan in 1995. Preliminary studies indicate that the additional revenue generated
by property and utility taxes may exceed the costs associated with annexation.
The City of Seattle has also designated a PAA that includes a much larger area of
unincorporated North Highline that overlaps with Tukwila's PAA (see Exhibit A PAA map).
Seattle has initiated a negotiation process with the surrounding jurisdictions and King County to
resolve overlap issues prior to initiating annexation. Seattle's Regional Development and
Sustainability Committee (Council subcommittee) will make a preliminary recommendation on
whether to move forward with a November ballot measure for annexation on March 18, 2011.
There are a number of methods of annexation including election, petition or Interlocal
Agreement method. The Tukwila City Attorney is recommending using an Interlocal Agreement
process to annex the PAA. To move forward with annexation under this method, the Tukwila
City Council needs to adopt a resolution pursuant to RCW 35A.14.460(1) commencing
negotiations with King County (see Exhibit B draft resolution).
A summary of issues regarding land use, potential costs /revenues, effect of annexation on
services, and the PAA overlap between Tukwila and Seattle is provided below.
LAND USE
e Area is approximately 135 acres in size and zoned Industrial by King County.
9 24 parcels $91,297,600 in total assessed value
m Largest property owner is Seattle City Light (28.5 acres), consisting of a substation and
vacant, undevelopable property containing the Hamm Creek Restoration project.
Remaining uses are primarily light industrial, with some office retail.
e Latest census shows 41 residents, including 22 households in 47 units, most likely living
on boats at the Duwamish Yacht Club.
Surrounding area zoning. Property across the Duwamish River in Tukwila is zoned
MIC /H. To the north, Seattle zoning is Single Family with Commercial and Industrial
along the Duwamish, and to the west of W. Marginal Way S., King County zoning is
Industrial and Regional Business with some higher density single family residential. 9
INFORMATIONAL MEMO
Page 2
SUMMARY OF POTENTIAL COSTS /ISSUES FOR TUKWILA (See details in Exhibit C Potential Costs
Revenues)
Response times to this area by Tukwila Police and Fire Departments are anticipated to
be longer than preferred standard.
Public Works estimates road maintenance catch basin cleaning costs at $22,400 /year.
SUMMARY OF POTENTIAL NEW REVENUE FOR TUKWILA (See details in Exhibit C Potential Costs
Revenues. Also see Table A)
An estimated $454,431± /year in new revenue could be generated by utility taxes, storm
drainage fees stormwater utility taxes, sales tax, business license fees, RGRL fees,
and property taxes.
EFFECT OF ANNEXATION ON SERVICES FOR BUSINESSES RESIDENTS IF ANNEXED TO TUKWILA
(Exhibit C Potential Costs Revenues, Tables B -D)
Levy Rates will be lower in the annexed portion of Tukwila than in King County, primarily
due to no road or fire levies in Tukwila ($9.98 v. $10.96, based on 2011 levy rates).
Utility Services
o Sewer water providers /rates will remain the same.
o Storm drainage rates will decrease by approximately 49% for most developed
commercial sites.
o Utility taxes ranging from 6 -10% will be levied on providers.
Government Services
o Schools, libraries, animal control and bus service providers will not change.
o Other services, such as permitting, fire police, road maintenance, and court
services will be provided by the City of Tukwila.
PAA OVERLAP ISSUES
e City of Seattle's PAA, Area Y, is a 3.55 square -mile area that includes White Center and
North Highline. Area Y overlaps with Tukwila's much smaller PAA. See Exhibit A PAA
Map.
Seattle has been considering annexation of Area Y, and recently prepared a detailed
annexation report evaluating the costs and revenues associated with the area. The
report identifies a significant financial shortfall if Area Y is annexed due to insufficient
resources to meet existing and future demands for services required by annexation. At
this time, Seattle Mayor McGinn's recommendation is to not move forward on
annexation.
On March 18, 2011, the Seattle City Council's Regional Development and Sustainability
subcommittee is scheduled to deliberate on whether to recommend moving forward with
a November ballot measure on annexation. They must notify the Boundary Review
Board of this decision by April 1 in order to proceed. (Seattle anticipates using the
Election Method of annexation.)
e King County Countywide Planning Policy LU -32 encourages using a negotiation process
to resolve PAA overlaps in the North Highline area, prior to filing Notice of Intent to
annex with King County Boundary Review Board. This process is outlined in Exhibit D.
On February 25, 2011 Seattle initiated this process by notifying Tukwila of their intent to
annex and requesting a meeting or formal mediation to discuss PAA boundary
alternatives. Tukwila has responded and expressed interest in participating in the
1 0 W: \2011 Info Memos \NorthHighlineAnnex.docPage 2 of 4
INFORMATIONAL MEMO
Page 3
negotiation process. Exhibit F includes the letter from Seattle and Tukwila's response
letter.
Per King County Countywide Planning Policy LU -32, absent a negotiated settlement to
the overlap within 60 days of receipt of the notice, a city may file a Notice of Intent to
Annex with the King County Boundary Review Board for territory within its designated
portion of a PAA overlap.
e As of this date, no negotiation meeting date has been set, although King County is
proposing using a Dispute Resolution Program and external mediator, similar to the
process used in the Burien /Seattle PAA overlap dispute.
e City of Burien's annexation of the southern portion of the North Highline area became
effective April, 2010. Burien will consider annexing the remaining N. Highline area when
their annexation agreement with Seattle /King County expires, if Seattle has chosen not
to move forward with annexation.
ANNEXATION PROCESS
See attached Exhibit D for the process associated with LU -32 and attached Exhibit E for the
Interlocal Agreement Method of Annexation (RCW 35A.14.470).
CONCLUSIONS
A preliminary fiscal analysis of annexation of Tukwila's PAA shows that revenues appear
to outweigh costs.
e Per King County Countywide Planning Polices, negotiations to resolve overlap issues in
the North Highline area will take place between Tukwila, Seattle, King County and the
North Highline Fire Department, and must be completed by April 25, 2011. It is not clear
what the outcome of this process will be, or how the Interlocal Agreement and overlap
negotiation process will work together.
It is not clear yet whether Seattle will be interested in annexation, given insufficient
resources needed to serve the area. A Council Subcommittee will deliberate on whether
to recommend proceeding with a November ballot measure on annexation on March 18.
NEXT STEPS
1. City Staff will participate in the upcoming negotiation process with Seattle and King
County to resolve boundary issues, as set forth by King County Planning Policy LU -32.
2. At the same time, City Council should adopt a resolution commencing negotiations with
King County, as required under the Interlocal Agreement method of annexation. This
does not commit the City to annexation, but initiates the required process per RCW
35A.14.470.
3. Once Tukwila City Council makes a decision to move forward, staff will prepare a more
detailed cost/benefit analysis of annexation, and concurrently move forward with the
Interlocal Agreement annexation process.
RECOMMENDATION
The Council is being asked to consider the attached resolution to commence annexation
negotiations with King County, and forward the item to the March 28, 2011 Committee of the
Whole meeting and to the April 4, 2011 Regular meeting for adoption.
W: \2011 Info Memos \NorthHighlineAnnex.docPage 3 of 4 1 1
INFORMATIONAL MEMO
Page 4
ATTACHMENTS
Exhibit A Potential Annexation Areas North Highline
Exhibit B Draft Resolution stating interest in commencing negotiations for an
Interlocal Agreement with King County to annex a certain unincorporated
island of territory known as the "North Highline Potential Annexation Area" in
Tukwila's comprehensive plan.
Exhibit C Potential Cost Revenue Details
Table A. Tax/Fee comparison between King County Tukwila
Table B. 2010 Levies: King County Taxing Districts
Table C. How will annexation affect utility service /fees?
Table D. How will annexation affect government services?
Exhibit D Annexation Process set forth by King County Countywide Planning Policy LU -32
Exhibit E RCW 35A.14.470 Interlocal Method of Annexation
Exhibit F- Letter dated February 23, 2011, from Seattle to Tukwila, requesting
meeting /mediation to resolve PAA issues; and Tukwila's response letter dated March 4,
2011.
12 N: \2011 Info Memos \NorthHighlineAnnex.docPage 4 of 4
1--- T i� J !tip i:0
VT al Y ame� 1
t S Ja1ep 47 .�.,4r.
a 4
Y' 1 4\ }App" Lf .,i\.,•\,, y6
7 o S \j` Bat\ i
f.
y EN. om� I.: l
W
J -ir0-1... 4 i n, c am' y
-r i f any A '∎ti.4 \N: \j*: y
1111 S enli �J r 605 US /1� \.4Y �i=
S a
Ida N
I Vi
C 7 ,or 4 0,0/ -.--0-,C) \.;u 1
I �j n y, QI
L�� I N d in{ b
r
se It ,ze i i i :s. 4
t5 u- 1, \1 y 0 g
a,
i/ 44 sta e j%ir N f2 03
0 !r i 4- v
—I frasktvlizz. 0. 4 //�M� At Ss:, tip.
fir °A "r w ;w A r ;.1 }-tt�= PN \h C!
/fir r mi v_ S AMS 4 C
MO
M�% -'17, r U v
M1AS:anb 9L r \1 New
0
1111 111111111111111111111.11111111111111111.1.-.1111,7 ;W r Alt"' p 1,. 1
1.111 MUM n' IE 'g C kds
....11.111111111111111111.1111111. t
11111111111111111111111111 limn
Ci
Ill 13
F
blank
Exhibit B
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, STATING INTEREST IN COMMENCING
NEGOTIATIONS FOR AN INTERLOCAL AGREEMENT WITH KING
COUNTY TO ANNEX A CERTAIN UNINCORPORATED ISLAND OF
TERRITORY KNOWN AS THE "NORTH HIGHLINE POTENTIAL
ANNEXATION AREA" IN TUKWILA'S COMPREHENSIVE PLAN.
WHEREAS, the Washington State Growth Management Act and King County
Countywide Planning Policies anticipate all unincorporated areas within a City's urban
growth area boundaries will eventually be annexed; and
WHEREAS, in 1995 Tukwila adopted Ordinance No. 1757, which adopted a
Comprehensive Land Use Plan and Map for the City of Tukwila that identified
approximately 135 acres within the unincorporated North Highline area as a potential
annexation area (PAA) for the City; and
WHEREAS, the City of Seattle has designated a PAA that includes all of the
unincorporated North Highline area, and which overlaps with Tukwila's PAA; and
WHEREAS, in 2010 the City of Seattle adopted Resolution 31198 stating their
interest in holding a November 2011 election in their PAA, and outlining a work
program, deliverables, and timeline to help the Mayor and the City Council determine
whether Seattle should pursue annexation of this area at this time; and
WHEREAS, per King County Countywide Planning Policy LU -32, and prior to
adopting a "Notice of Intent to Annex" resolution, a city must notify neighboring
jurisdictions of their intent; and
WHEREAS, on February 25, 2011 Tukwila received notice from the City of Seattle of
their intent to annex and request for a meeting or formal mediation to discuss non
overlapping boundary alternatives; and
WHEREAS, on March 4, 2011 Tukwila sent a response to the City of Seattle
requesting participation in such a discussion; and
W:\Word Processing \Resolutions \No Highline PAA— Interest in negotiations.doc
LM:bjs Page 1 of 2
15
WHEREAS, per King County Countywide Planning Policy LU -32, absent a
negotiated settlement to the overlap within 60 days of receipt of the notice, a city may
file a Notice of Intent to Annex with the King County Boundary Review Board for territory
within its designated portion of a PAA overlap; and
WHEREAS, the outcome of the negotiation process with the City of Seattle is not yet
known; and
WHEREAS, RCW 35A.14.460 provides for the annexation of territory when at least
60 percent of the boundaries of the territory proposed for annexation are contiguous to
the annexing city or town or one or more cities or towns, and Tukwila's North Highline
PAA satisfies these conditions; and
WHEREAS, the City of Tukwila is willing to annex the North Highline PAA and
desires to take the necessary steps required by RCW 35A.13.460 to initiate the
annexation process now by adopting a resolution pursuant to RCW 35A.14.460(1)
commencing negotiations for an Interlocal Agreement with King County;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The City of Tukwila hereby resolves to "commence negotiations" for an Interlocal
Agreement with King County for annexation of the North Highline PAA, as identified in
the City's Comprehensive Land Use Plan and depicted on the map which is attached as
Exhibit A and incorporated herein by reference.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
Exhibit A: Map of Potential Annexation Areas —North Highline
W: \Word Processing \Resolutions \No Highline PAA— Interest in negotiations.doc
LM:bjs Page 2 of 2
16
Exhibit C
Potential Costs Revenue Details
1. Potential Costs/Issues for Tukwila
Public Works
Road maintenance costs (1/2 mile public streets) $6,400 /year
Cleaning catch basins $15,960 /year
King Co. Transportation Needs Report for this area shows only South Park Bridge
demolition replacement.
Annexation area includes lh of the Hwy 99/Marginal Wy Des Moines
Memorial Dr interchange does not make sense to split responsibility in half.
O Unsure of what level of cost to the City would be associated with Hamm Creek
maintenance.
Fire
Anticipate long response times for the PAA area (10 -12 minutes v. 5 minutes
currently provided by N. Highline Fire District. 5 minute estimate for N Highline
District represents travel time only).
Seattle does not provide mutual aid would need to rely on Fire District 2 or
N. Highline Fire District.
Fire needs to deteuuine how many buildings are sprinkled and deteiiiiine fire
flow/hydrant availability.
Police
Anticipate long response times no staff assigned to north end of Tukwila.
Difficult to obtain crime statistics from King Co Sheriff. Marina could be a
significant generator of calls.
Parks
No issues /costs anticipated.
Other
Annexation costs incurred by Tukwila would include staff time for negotiating
agreements with King County and other jurisdictions /agencies, attending public
hearings, and preparing reports.
2. Potential New Revenue for Tukwila (see Table A)
Estimated Taxes or Fees
6% utility tax on telephone, gas, electricity, cable solid waste providers. 10%
utility tax on stormwater, water sewer. Need more detailed study to determine
revenue.
9 $75,039 per year in Storm Drainage fees stormwater utility tax
Sales Tax City will receive 0.84 of revenue generated by sales tax within the
area. For example, based on taxable sales in 2009, the City received $120,120.
$900+ per year in Business License fees
17
Revenue Generating Regulatory License fee (RGRL) on full time employees.
Need to more detailed information on number of full time employees to determine
revenue.
Approximately $258,372 in property taxes ($2.83/$1000 AV in 2011).
Estimated yearly revenue: $454,431+ /year
18
Table A. Tax /Fee Comparison Between King County Tukwila
Est mateRo s
Potential Notes
King Co. If Tukwila Annexed s 4.
r Revenue for
Tu
Tax or Fee I I I 3 n xg 11
Utility Tax: Telephone 6% 1
Utility Tax Gas 6% W:A }�r
No `able to" If Seattle City Light
determine service, city imposes a
we, don4t'know franchise fee, but does
Utility Tax: Electricity u s age r e r not collect a utility tax.
Cable franchise fee 5% 6%
Utility Tax: Solid Waste 6% k Y
F
Utility Tax: Water 10% no
Utility Tax: Sewer
10% no
r represents 10% of total
o,,4 l stormwater utility fees
10% $7504 /,year x collected ($75039.39/yr).
Utility Tax: stormwater
Surface Water Utility Rates Per acre charge Per acre charge Y -r Th amount reflects the
based on amount based on amount of a total stormwater fees
of developed developed e p r `y collected minus the 10%
3 i 4 for stormwater utility tax.
(impervious) (impervious) surface. N jiii
surface. Ranges Ranges from $101.80 $67,535/year a
from $111.00 to to $850.50 per acre
$1,737.74 per (commercial use) 4
acre. (commercial T
4 ,P.1 Y R d
use) �,o r r f
r Tukwila will receive .84%
x $12 0, 120
9.50% 9.50% asedon 2009 taxable (.084) of revenue
Sales Tax `-sale) y generated by sales tax
Sales tax on food **Nora 'to
beverages (restaurants) 10% 10 det errnhin e
-q T is a ver
only required for v. Y
g (0-10) s conservative estimate
Business license regulated $100 0 -10 Lt�,k: based on 9 known
businesses g•�
f businesses with an
v unknown of
$900+ /y r employees. There are
$150 (11 -20) r ,z4 e, also 2 -3 large business
7 s parks containing multiple
1 $300 (21 -50) Z businesses which are not
,1r
t included in this figure
$400 (51 -100) 9�� 4 9
1 $600 (101 i
$0.028646 per hr :7— rr. Businesses with less
worked for a full time .�'c than $12k average
Revenue Generating employee annual gross receipts
Businesses with less u r r exempted. Accurate
Regulatory License fee I ,unk P
(RGRL) 1 than $12k average a r number of full time
annual gross receipts -.';',4--n;0 1 employees is not known
exempted) 4 A- a 4 at this time
Property Tax (per $1,000 2.83/$1000 AV RR i:- based on total AV of
AV) 10.96 total levy (City Levy portion of 2$258,372 $91,297,600
$9.98 total levy) E T
'Total Potential Revenue aminag titiM WARMU GIA05§4 431 ear
19
Table B. 2011 Levies: King CO Taxing Districts
Unincorporated If Tukwila Annexed
Kind County* Notes
Lower than the $12.68 applied to Tukw
Total levy 10.96 9.98 because the area is served by Seattle schoo
district
State/County/Port Districts 3.84 3.84
Road levy 2.19 0no road levy in Tukwila
School Levy 2.34 2.34 Seattle Public Schooi District, |evydiotricb¥1U
Fire Levy 1.60 0 assumes served by Tukwila Fire Dept
Library 0�5G O�50assunnao Tukwila Library levy applies
EMS Levy 0.30 0.30
Flood Levy 0.11 0.11
Ferry Levy 0.004 0.004
City levy 2.83
j* for King CO tax districts 3015.3U18&3O3U
20
Table C. How will Annexation Affect Utility Service /Fees?
(2010 Fee rates)
Service Served Now By... If annexed to Now If annexed to Tukwila Higher or
Tukwila Lower
than
KCo?
h.W
Soltdaste (Commercral', Allied Waste $253.91 268.21
servicetfor 6cubic yd �A c Management
container /once aweek)4
Storm drainage 90% King County Tukwila 438.78 $212.62
impervious 3.03 acre
site
Sewer (metro sewage Val Vue sewer No change $40.90 1st 750 same same
disposal) cubic feet; $5.45
every add'I 100
cubic feet.
Water (based on 1.5" Water District #20 No change $54 $1.45 /ccf same same
meter size winter rates)
ECectricity'* tlf Seattle City Light SCL, but rate
.y, (SCL) changes
Commercial: Small $6.68 /kWh $6.82 /kWh
Commercial: Medium $5.85 /kWh $5.97 /kWh
Commercial: Large $6.73 /kWh $6.94 /kWh
Small general service is provided to customers who are not metered, or in the last calendar year more than half their normal billings have been at less than 50
kW of demand.
Medium general service is provided to customers who in the last calendar year more than half their normal billings have been at less than 50 kW of demand
and half at less than 1000 kW of max demand..
Large general service is provided to customers whose maximum monthly demand is equal to or greater than 1000 kW but less than 10,000 kW.
21
Table D. How will Annexation Affect Government Services?
Service Served Now By... If annexed to Tukwila
Schools Seattle School District No change
Library King County Library System No change
Legislative (Council) Metropolitan King County Council Tukwila City Council (7 members)
Parks King County Parks Recreation Tukwila Parks Recreation
Permitting Zoning King County Development City of Tukwila Dept of Community
Environmental Services (DDES) Development
Fire Emergency N.Highline Fire District City of Tukwila Fire Dept
Medical Services
Level of Service 5 (travel time only) 10 12
(minutes):
Animal Control King County no change
King County (by contract)
Police Services King County Sheriff City of Tukwila Police Dept
Local Roads King County Dept of Transportation City of Tukwila Dept of Public Works
Court Services King County District Court Tukwila Municipal Court (misdemeanors)
(misdemeanors, small claims) King County District Court (small claims)
22
Exhibit I)
Annexation Process set forth by
King County Countywide Planning Policy LU -32
Tukwila designated the PAA in 1995; Seattle in 1996.
King County Countywide Planning Policy LU -32 establishes a process for resolving
PAA overlaps in the North Highline area:
1. The cities and county should attempt to establish alternative non overlapping PAA
boundaries through a process of negotiation.
2. Absent a negotiated resolution, a city may file a Notice of Intent to Annex with the
Boundary Review Board for King County after the following steps have been taken:
a. The city proposing annexation has, at least 30 days prior to filing a Notice of Intent
to annex with the Boundary Review Board, contacted in writing the cities with the
PAA overlap and the county to provide notification of the city's intent to annex
and to request a meeting or formal mediation to discuss boundary alternatives,
and;
b. The cities with the PAA overlap and the county have either:
i. Agreed to meet but failed to develop a negotiated settlement to the overlap
within 60 days of receipt of the notice, or;
ii. Declined to meet or failed to respond in writing within 30 days of receipt of the
notice.
Exhibit E
RCW 35A.14.470
Annexation of territory within urban growth areas County may initiate process
with other cities or towns Interlocal agreement Public hearing Ordinance
Referendum Election, when necessary.
(1) The legislative body of any county planning under chapter 36.70A RCW and subject
to the requirements of RCW 36.70A.215 may initiate an annexation process with the
legislative body of any other cities or towns that are contiguous to the territory proposed
for annexation in RCW 35A.14.460 if:
(a) The county legislative body initiated an annexation process as provided in RCW
35A.14.460; and
(b) The affected city legislative body adopted a responsive resolution rejecting the
23
proposed annexation or declined to create the requested interlocal agreement with the
county; or
(c) More than one hundred eighty days have passed since adoption of a county
resolution as provided for in RCW 35A.14.460 and the parties have not adopted or
executed an interlocal agreement providing for the annexation of unincorporated territory.
The legislative body for either the county or an affected city may, however, pass a
resolution extending the negotiation period for one or more six -month periods if a public
hearing is held and findings of fact are made prior to each extension.
(2) Any county initiating the process provided for in subsection (1) of this section
must do so by adopting a resolution commencing negotiations for an interlocal agreement
as provided in chapter 39.34 RCW between the county and any city or town within the
county. The annexation area must be within an urban growth area designated under RCW
36.70A.110 and at least sixty percent of the boundaries of the territory to be annexed
must be contiguous to one or more cities or towns.
(3) The agreement shall describe the boundaries of the territory to be annexed. A
public hearing shall be held by each legislative body, separately or jointly, before the
agreement is executed. Each legislative body holding a public hearing shall, separately or
jointly, publish the agreement at least once a week for two weeks before the date of the
hearing in one or more newspapers of general circulation within the territory proposed for
annexation.
(4) Following adoption and execution of the agreement by both legislative bodies, the
city or town legislative body shall adopt an ordinance providing for the annexation. The
legislative body shall cause notice of the proposed effective date of the annexation,
together with a description of the property to be annexed, to be published at least once
each week for two weeks subsequent to passage of the ordinance, in one or more
newspapers of general circulation within the city and in one or more newspapers of
general circulation within the territory to be annexed. If the annexation ordinance
provides for assumption of indebtedness or adoption of a proposed zoning regulation, the
notice shall include a statement of the requirements. Any area to be annexed through an
ordinance adopted under this section is annexed and becomes a part of the city or town
upon the date fixed in the ordinance of annexation, which date may not be less than forty
five days after adoption of the ordinance.
(5) The annexation ordinances provided for in RCW 35A.14.460(4) and subsection (4)
of this section are subject to referendum for forty -five days after passage. Upon the filing
of a timely and sufficient referendum petition with the legislative body, signed by
registered voters in number equal to not less than fifteen percent of the votes cast in the
last general state election in the area to be annexed, the question of annexation shall be
submitted to the voters of the area in a general election if one is to be held within ninety
days or at a special election called for that purpose according to RCW 29A.04.330.
Notice of the election shall be given as provided in RCW 35A.14.070 and the election
shall be conducted as provided in the general election law. The annexation shall be
24
deemed approved by the voters unless a majority of the votes cast on the proposition are
in opposition thereto.
After the expiration of the forty -fifth day from but excluding the date of passage of the
annexation ordinance, if no timely and sufficient referendum petition has been filed, the
area annexed shall become a part of the city or town upon the date fixed in the ordinance
of annexation.
(6) If more than one city or town adopts interlocal agreements providing for
annexation of the same unincorporated territory as provided by this section, an election
shall be held in the area to be annexed pursuant to RCW 35A.14.070. In addition to the
provisions of RCW 35A.14.070, the ballot shall also contain a separate proposition
allowing voters to cast votes in favor of annexation to any one city or town participating
in an interlocal agreement as provided by this section. If a majority of voters voting on
the proposition vote against annexation, the proposition is defeated. If, however, a
majority of voters voting in the election approve annexation, the area shall be annexed to
the city or town receiving the highest number of votes among those cast in favor of
annexation.
(7) Costs for an election required under subsection (6) of this section shall be borne by
the county.
25
blank
e� a. Exhibit F
Office of the Mayor
City ofSeaitle
i
'February 23, 2 —7")
The Honorable Dow Constantine
King County Executive
401 5` Avenue Suite 800
Seattle, WA 98104
The Honorable Joan McGilton
Mayor of Burien
400 SW 152 "d Street Suite 300
Burien, WA 98166
The Honorable Jim Haggerton
Mayor of Tukwila 0
6200 Southcenter Blvd.
Tukwila, WA .98188
The Honorable Wayne Alishokis
Chair, North Highline Fire District
1243 SW 112` Street
Seattle, WA 98146
RE: Notification of Seattle's Intent to Annex Formal Request for Meeting
Dear Executive Constantine, Mayor McGilton, Mayor Haggerton, and Commissioner Alishokis:
The City of Seattle is considering annexing the unincorporated North Highline area commonly
known as "White Center" (identified as Area Y in the attachment). Under King County
Countywide Planning Policies LU -32 which states in part:
"1. The city proposing annexation has, at least 30 days prior to filing a Notice of
Intent to annex with the Boundary Review Board, contacting in writing the cities
with the PAA overlap and the county to provide notification of the city's intent to
annex and to request a meeting or formal mediation to discuss boundary
alternatives, and;
2. The cities with the PAA overlap and the county have either:
a. Agreed to meet but failed to develop a negotiated settlement to
the overlap within 60 days of receipt of the notice, or
b. Declined to meet or failed to respond in writing within 30 days of
receipt of the notice."
Seattle City Hall, 7th Floor Tel (206) 684 -4000
600 Fourth Avenue Fax (206) 684 -5360
PO Box 94749 www.seattlegov /mayor
Seattle, WA 98124 -4749 mike.mcginn @seattle.gov
27
Executive Constantine, Mayor McGilton, Mayor Haggerton
February 23, 2011
Page 2
This letter shall serve as the City of Seattle's formal notice of its intent to annex and request for
a meeting or formal mediation with the cities of Burien and Tukwila and King County to discuss
boundary alternatives.
This letter does not represent a decision by the City of Seattle to seek annexation. As elected
officials you are aware of the financial realities that many of our jurisdictions are facing. Many of
us have had to make difficult decisions that resulted in reductions in services and in some cases
core services to our residents. With the uncertainty of the future financial picture, I want to
stress that any decision to proceed with the annexation process will depend upon its impact on
Seattle's financial future.
1 have designated,Marco.Lowe, Director,: Office of Intergovernmental Relations as the City of
Seattle's contact person on this matter. Please direct all correspondence on this matter.
If.you.have further questions, you can contact Kenny Pittman, Office of Intergovernmental
Relations at (206) 684 -8364 or kennv.oittman( seattle.gov.
Sincerely,
Michael McGinn
Mayor of
Attachment
cc: The Honorable Richard Conlin, President, Seattle City Council
Fred Jarrett, Deputy County Executive
Mike Martin, Burien City Manager
Steve. Lancaster, Tukwila City Administrator
Karen Freeman, King County, OSPPM
Marco Lowe, Director, Seattle Office of Intergovernmental Relations
Kenny Pittman, Seattle Office of Intergovernmental Relations
28
of Tukwila
r ...4.- 6200 Southcenter Boulevard Tukwila, Washington 98188 Jim Haggerton, Mayor
March 4, 2011
Mr. Marco Lowe
Director, Office of Intergovernmental Relations
City of Seattle
PO Box 94746
Seattle, WA 98124 -4746
RE: Notification of Seattle's Intent to Annex Formal Request for Meeting
Dear Mr. Lowe:
Thank you for the notice of Seattle's intent to annex the unincorporated North Highline area
(Area Y). The City of Tukwila is also considering annexing a smaller portion of the
unincorporated North Highline area that overlaps with Area Y (identified on the attached map).
Tukwila designated the North Highline PAA in their Comprehensive Plan in 1995, and in
conjunction with adjoining boundary issues, the PAA has been the subject of discussions between
Tukwila, Seattle and King County since 1997. Therefore, we welcome the opportunity to discuss
PAA boundary alternatives and develop a negotiated settlement.
The Tukwila City Council will be considering the annexation of our North Highline PAA in the
corning weeks. As such, we would like to move forward with a meeting or formal mediation
between the necessary parties as soon as possible. Please contact Jack Pace, Community
Development Director, at (206)431 -3686 to schedule a meeting.
Sincerely,
L
1 imHa;•vA.nn
J
Mayor
Attachment
Cc: The Honorable Dow Constantine, King County Executive
The Honorable Joan McGilton, Mayor of Burien
The Honorable Wayne Alishokis, Chair, North Highline Fire District
The Honorable Richard Conlin, President, Seattle City Council
Fred Jarrett, Deputy County Executive
Mike Martin, Burien City Manager
Steve Lancaster, Tukwila City Administrator
Karen Freeman, King County, OSPPM
Kenny Pittman, Seattle Office of Intergovernmental Affairs
Phone: 206 433 -1800 0 City Hall Fax: 206- 433 -1833 www.ci.tukwila.wa.us 29