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HomeMy WebLinkAbout12-126 - King County - Orillia Area AnnexationFILE COPY 12-126 Council Approval 10/1 /12 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND KING COUNTY REGARDING THE ANNEXATION OF THE ORILLIA AREA This Interlocal Agreement "Agreement is made and entered into this day of 2012, by and between the City of Tukwila "City and King Couny "County collectively known as the Parties. WHEREAS, at the time of annexation of the Tukwila South property on January 1, 2010, the portion of the Potential Annexation Area (PAA) known as the Orillia Area was not annexed, thereby leaving an unincorporated urban island; and WHEREAS, the City has identified the Orillia Area, the legal description of which is attached hereto as Exhibit A, as a PAA in its comprehensive plan consistent with the requirements of the state Growth Management Act and the King County Countywide Planning Policies; and WHEREAS, the City is organized and operates under the Optional Municipal Code, title 35A RCW; and WHEREAS, more than sixty percent of the boundaries of the Orillia Area are contiguous to the corporate limits of the City; and WHEREAS, RCW 35A.14.460 authorizes annexation by code cities by interlocal agreement between the code city and the county in which it is located, provided certain criteria are satisfied; and WHEREAS, on October 9, 2009, the Mayor of the City of Tukwila and the King County Executive entered into a Memorandum of Agreement stating that the City shall initiate the annexation of the Orillia Area; and WHEREAS, on October 19, 2009, to initiate the process of negotiating such an interlocal agreement, in accordance with RCW 35A.14.460(1), the City approved Resolution No. 1694 directing staff to commence negotiations with the County regarding the annexation of the Orillia Area; and WHEREAS, the Parties have concluded these negotiations and are ready to enter into this Agreement; and WHEREAS, the County held a public hearing on this Agreement on and WHEREAS, the City held a public hearing on this Agreement on September 24, 2012 and WHEREAS, the governing bodies of each of the Parties hereto have determined to enter into this Agreement as authorized and provided for by the Interlocal Cooperation Act, codified at Chapter 39.34 RCW, NOW, THEREFORE, by their signatures below, the Parties hereby enter into this Agreement regarding the annexation of the Orillia Area by the City. 1. Purpose The primary purpose of this Agreement is to set forth the terms of the Parties' agreement to the annexation "Annexation to the City of the Orillia Area, which area is referred to herein as the "Annexation Area," pursuant to RCW Page 1 35A.14.460. The boundaries of the Annexation Area are set forth in Exhibit A, attached hereto and incorporated by this reference. 2. Effective date This Agreement shall become effective following the approval of the Agreement by the official action of the governing bodies of each of the Parties, and the signing of the Agreement by the duly authorized representative of the Parties hereto. 3. Effective date for this annexation The Parties agree the ordinance effecting this annexation shall provide consistent with the requirements of RCW 35A.14.460, an effective date for the Orillia Area annexation. 4. Term The term of this Agreement is in perpetuity from the date first written above. 5. Indemnification. Each of the Parties shall defend, indemnify and hold the other Party, their officers, officials, employees and agents harmless from any and all costs, claims, judgment, and /or awards of damages, arising out of, or in any way resulting from that other party's negligent acts or omissions in performing under this Agreement. No Party will be required to defend, indemnify or hold the other Party harmless if the claim, suit or action for injuries, death or damages is caused by the sole negligence of that Party. Where such claims, suits or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each party's own negligence. Each Party agrees that its obligations under this subparagraph include, but are not limited to, any claim, demand, and /or cause of action brought by, or on behalf of, any of its employees or agents. For this reason, each of the Parties, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. 6. Compliance with laws The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. However, to the extent allowed by law, the Parties agree the provisions of this Agreement shall supersede such provisions. 7. Assignment The Parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other Party. 8. Administration and Contact Persons The following persons shall be the administrators of this Agreement and shall be the contact person for their respective jurisdiction. All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the City: City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Attn: Jack Pace DCD Director To the County• King County Office of Performance, Strategy and Budget 401 Fifth Avenue, Seattle, WA 98104 Attn: Dwight Dively, Director Page 2 or to such other respective addresses as the Parties hereafter from time to time designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the third business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 9. Dispute Resolution The Parties should attempt if appropriate to use an informal dispute resolution process such as mediation, through an agreed -upon mediator and process, if agreement cannot be reached regarding interpretation or implementation of any provision of this Agreement. All costs for mediation services would be divided equally between the Parties. Each jurisdiction would be responsible for the costs of their own legal representation. 10. Termination Either party may terminate this Agreement upon ninety (90) days advance written notice to the other party. Notwithstanding termination of this Agreement, the County and City are responsible for fulfilling any outstanding obligations under this Agreement incurred prior to the effective date of the termination. 11. Miscellaneous a. All of the terms in this Agreement shall extend to and bind the legal successors and assigns of the Parties. b. This Agreement is made and shall be construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in King County, Washington. c. No separate legal entity is hereby created. d. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the Parties and their successors and assigns to rely upon the terms herein contained nor to give any such third party a cause of action on account of any nonperformance hereunder. e. No joint oversight and administration board is created hereby. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby and shall continue in full force and effect, unless either party determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time the Parties shall substitute a provision that most closely approximates that which was invalidated without being invalid itself. g. This Agreement constitutes the final and completely integrated agreement between the Parties on its subject matter. Page 3 h. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by all Parties. i. Copies of this Agreement shall be filed with the King County Auditor's Office by the City. j. Each party has had the opportunity to consult with counsel in connection with this Agreement. Each of the provisions of this Agreement represents the combined work product of all Parties. Therefore, no presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the party preparing the same will apply in connection with the construction or interpretation of any of the provisions of this Agreement. k. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. I. Responsibilities of the Parties. See provisions above. m. Financing. Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF TUKWILA Approved as to form: City Attorney KING COUNTY Approved as to form: Senior Deputy Prosecuting Attorney Page 4 Exhibit A Legal Description TUKWILA PROPOSED ANNEXATION AREA ORILLIA ROAD AREA THAT PORTION OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF SOUTH 204TH STREET AND THE WEST MARGIN OF ORILLA ROAD; THENCE SOUTHWESTERLY TO THE INTERSECTION OF THE WEST MARGIN OF SAID ORILLA ROAD WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE WESTERLY ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3 TO THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, ALSO BEING THE EAST LINE OF CITY OF SEA TAC CITY LIMITS UNDER ORDINANCE 97 -1015; THENCE NORTHERLY ALONG SAID EAST LINE TO THE EASTERLY MARGIN OF INTERSTATE HIGHWAY NUMBER 5; THENCE NORTHEASTERLY ALONG SAID EASTERLY MARGIN OF INTERSTATE HIGHWAY NUMBER 5 TO THE WESTERLY MARGIN OF ORILLA ROAD; THENCE SOUTHERLY ALONG SAID WESTERLY MARGIN TO THE NORTH MARGIN OF SOUTH 204TH STREET AND THE POINT OF BEGINNING.