HomeMy WebLinkAboutCOW 2011-10-24 Item 4C - Ordinance - Boundary Revision on 53rd Avenue SouthCOUNCIL AGENDA SYNOPSIS
Meeting Date Prepared by A,, 1
10/24/11 BG
11/07/11 BG .f
Initials
Mayor's review
DC-S
Council review
UMIJ
ITEM NO.
4.C.
ITEM INFORMATION
CAS NUMBER: STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 10/24/11
AGENDA ITEM TITLE Ordinance to Revise City of Tukwila's Corporate Boundary
at 53 Avenue South from South 170 Street to South 172 Lane
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mt Date 10/24/11 Mtg Date Mtg Date Mtg Date 11/07/11 Mtg Date Mtg Date Mt
g Date
SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PW
SPONSOR'S King County is working to incorporate small islands of unincorporated areas that are
SUMMARY adjoining incorporated cities. Between Tukwila and SeaTac, there is a small unincorporated
area on the westerly half of the 53 Ave S right -of way between S 170 and S 172" Ln.
King County, SeaTac, and Tukwila agreed that the entire street would be better served by
Tukwila. Council is being asked to approve the Ordinance revising the City of Tukwila's
corporate boundary and incorporate all of 53 Ave S into Tukwila.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 10/17/11 CONMTTEE CHAIR: JOAN HERNANDEZ
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works
COMMITTEE Forward to Committee of the Whole.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED
$0.00
Fund Source:
Comments:
I MTG. DATE
10/24/11
11/07/11
AMOUNT BUDGETED
$0.00
APPROPRIATION REQUIRED
$0.00
RECORD OF COUNCIL ACTION
MTG. DATE 1 ATTACHMENTS
10/24/11 I Informational Memorandum dated 10/14/11
Draft Ordinance with Exhibits A and B
Minutes from the Transportation Committee meeting of 10117/11
11/07/11
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
DATE: October 14, 2011
SUBJECT: 53 Avenue South S 170 St to S 172 Lane
Corporate Boundary Revision
ISSUE
Incorporate a small island of unincorporated King County located between the cities of
Tukwila and SeaTac.
BACKGROUND
The City of Tukwila's boundary line is along the centerline of 53 Ave S between S
170 St and S 172 Lane and was established by Ordinance No. 247 in 1957. When
the City of SeaTac was incorporated in 1990, state law had changed and did not allow
annexation to the centerline of a roadway (which was previously common practice).
Therefore, the City of SeaTac's boundary was established at the west right -of -way limit
of 53 Ave S. This left the remaining westerly half of the 53 Ave S right -of -way within
unincorporated King County.
King County and the cities of Tukwila and SeaTac agree that the entire street right -of-
way would be better served to reside within the jurisdiction of one agency.
ANALYSIS
King County has similar situations throughout the county and finds it difficult to provide
maintenance and permitting for these isolated locations of unincorporated land.
Maintenance and permitting for the neighboring jurisdictions is also more difficult due to
necessary coordination with King County. King County has been working with
neighboring jurisdictions to adjust corporate limits to eliminate these unincorporated
islands and to create more logical jurisdictional boundaries. King County has had
discussions with both SeaTac and Tukwila and all agree that the best resolution in this
case is to transfer ownership of the 53 Ave S half street right -of -way to Tukwila.
RECOMMENDATION
The Council is being asked to approve the ordinance adjusting Tukwila's corporate
boundary and consider this item at the October 24, 2011 Committee of the Whole
meeting and subsequent November 7, 2011 Regular Meeting.
attachment: Ordinance
Revised Corporate Boundary Map
W:\PWEng\OTHER\RobinTischmak\fnfo Memo 53rd Ave Boundary Adj 10- 14- 11.doc
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NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REVISING THE CITY LIMITS TO
INCLUDE A HALF STREET RIGHT -OF -WAY FOR 53 AVENUE
SOUTH THAT CURRENTLY RESIDES IN UNINCORPORATED
KING COUNTY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila's corporate boundary currently extends along the
centerline of the right -of -way of 53 Avenue South between South 170 Street and
South 172 Lane; and
WHEREAS, the City of Tukwila's corporate boundary currently includes the easterly
half of the right -of -way for 53` Avenue South between South 170 Street and South 172
Lane within Tukwila's current city limits; and
WHEREAS, the westerly half of the right -of -way for 53` Avenue South between
South 170 Street and South 172 Lane currently resides within unincorporated King
County; and
WHEREAS, it is in the City of Tukwila's, King County's, and the adjacent property
owners' best interest to have this right -of -way exist wholly within the boundary of one
jurisdiction for the administration of construction projects, maintenance, and permitting;
and
WHEREAS, RCW 35.21.790 allows a revision of corporate boundaries within a
public street, road, or highway by substitution of a right -of -way line so as to fully include
the right -of -way within one particular jurisdiction; and
WHEREAS, a revision of corporate boundaries to include all of 53` Avenue South
between South 170 Street and South 172 Lane within the City of Tukwila is the
preferred solution to unify the right -of -way for 53 Avenue South within one jurisdiction;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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Section 1. Revision of Corporate Boundaries. Upon approval of a similar
ordinance or resolution by the Metropolitan King County Council, the corporate
boundaries of the City of Tukwila are and shall be revised to include all of the right -of-
way for 53 Avenue South in King County, Washington, between South 170 Street
and South 172 Lane, along with that portion of 53 Avenue South at the intersection
with South 170 Street, and excluding that portion of 53 Avenue South that resides
within the right -of -way owned by the Washington State Department of Transportation.
The revised right -of -way, all of which is now included within the corporate boundaries of
the City of Tukwila, is legally described on the attached Exhibit "A" and depicted on the
map attached hereto as Exhibit "B both of which exhibits are incorporated herein by
this reference as if set forth in full.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
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
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Attachment A, Legal Description
Attachment B, Revised Corporate Boundary (map)
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EXHIBIT "A"
Legal Description:
That portion of the Southwest quarter of Section 26, Township 23 North, Range 4 E.
Willamette Meridian; lying Westerly of the City of Tukwila corporate limits as
established by the City of Tukwila Ordinance 247, also being the centerline of 53
Avenue South; Easterly of the City of SeaTac corporate limits as established by the City
of SeaTac Ordinance 8820, also being the westerly right -of -way margin of 53 Avenue
South; Northerly of the City of Tukwila corporate limits as established by the City of
Tukwila Ordinance 314; Southerly of the City of Tukwila corporate limits as established
by the City of Tukwila Ordinance 1205.
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w
Revised Corporate Boundary
.m
Existing Boundary Conditions
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Citv of Tukwila
Transportation Committee
TRANSPORTATION COMMITTEE Meeting Minutes
October 17, 2011— 5: 00 p.m. Conference Room I
PRESENT
Councilmembers: Joan Hernandez, Chair; Joe Duffie and Verna Seal
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Jack Pace, Maggi Lubov, Gail Labanara and
Kimberly Matej
Guests: Chuck Parrish
CALL TO ORDER: The meeting was called to order at 5:02 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Commute Trin Reduction Program
Staff is seeking Council approval of a Washington State Department of Transportation funding contract in
the amount of $74,205, for the City's Commute -Trip Reduction (CTR) Program. Specifically, this contract
primarily funds the City's CTR Coordinator for the biennium. This includes but is not limited to:
administrative work, progress reports, implementation plans and coordination with regional transportation
planning organizations.
Due to an immediate and unforeseen need for the Washington State Department of Transportation to
obligate these funds in a short time frame, Mayor Haggerton signed the aforementioned contract on
September 27, 2011. The City Council still has the ability to act in a different manner should they choose
not to accept the contract funding. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW
FOR DISCUSSION.
B. Ordinance: Comorate Boundary Revision
Staff is seeking Council approval to incorporate, via ordinance, a small island of land located between the
cities of Tukwila and SeaTac which is currently unincorporated King County.
This request was initiated by King County in an attempt to create logical jurisdictional boundaries. In this
particular situation, the west half of the 53` Avenue South right -of -way is currently the responsibility of
King County (unincorporated). After discussions between King County and the cities of SeaTac and
Tukwila, is appears that full control of 53` Avenue South would be best served in the full jurisdiction of
Tukwila.
This boundary revision is within corporate limits, and is not required to go through the boundary review
process. This right -of -way exchange can take place through appropriate ordinances in Tukwila and King
County. UNANIMOUS APPROVAL. FORWARD TO OCTOBER 24 COW FOR DISCUSSION.
III. SCATBd
The Committee reviewed and briefly discussed the September 20 SCATBd meeting summary and the October
18 meeting agenda. In response to an inquiry made by Committee Chair Hernandez, staff stated the City has no
conflicting projects that would interfere with the Light Rail TIGER III Grant Application. INFORMATION
ONLY.
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