Public Hearing-City of Tacoma

By Ken Spurrell • August 19, 2021 1:30 am

Notice of Public Hearing – Manitou Annexation Interlocal Agreement

The Tacoma City Council will conduct a public hearing on Tuesday, August 31, 2021, at 5:15 p.m. to receive public comments on the draft Interlocal Agreement and draft Memorandum of Understanding between the City of Tacoma and Pierce County concerning the proposed annexation of the Manitou Area. The Area is bounded by Lakewood Dr. W., 64th St. W., 70th St. W., and the County-City boundaries to the east of 52nd Ave. W. The proposed annexation is required by the State Growth Management Act. The text of the draft Interlocal Agreement is published below, pursuant to RCW 35.13.470. To learn more about the proposed annexation and how to attend the public hearing (virtually or in-person), please visit www.cityoftacoma.org/Manitou. ANNEXATION AGREEMENT BETWEEN THE CITY OF TACOMA and PIERCE COUNTY

THIS INTERLOCAL AGREEMENT, hereinafter referred to as the “Agreement,” is entered into under the authority of Chapter 39.34 RCW and RCW 35.13.470 and 35.13.480 as of the effective Date (defined in Section 4.13 below) by and between the City of Tacoma, a Washington municipal corporation (hereinafter referred to as the “City”), and Pierce County, a Washington municipal corporation (hereinafter referred to as the “County”), subject to the terms and conditions set forth herein.

RECITALS

WHEREAS, the County designated an Urban Growth Area for the City as required by the Growth Management Act (GMA), codified as RCW 36.70A; and

WHEREAS, RCW 36.70A.110(7) states, “An urban growth area designated in accordance with this section may include within its boundaries…potential annexation areas designated for specific cities or towns within the county.”; and

WHEREAS, the City is a first-class charter city incorporated under RCW 35 and has authority under RCW 35.13 to annex property within its Urban Growth Area; and

WHEREAS, RCW 35.13.470 allows the City and the County to enter into an Interlocal Agreement to annex an unincorporated territory when at least sixty percent (60%) of the boundary of the area to be annexed are contiguous to the corporate boundary of the City and the area is within the City’s Urban Growth Area designated under RCW 36.70A.110; and

WHEREAS, the Manitou Potential Annexation Area (hereinafter referred to as “PAA”) is within the City’s Potential Annexation Areas and Urban Growth Areas as designated in the One Tacoma Comprehensive Plan pursuant to RCW 36.70A.110, and more than sixty percent (60%) of its boundary is contiguous with the City’s boundary; and

WHEREAS, the City desires to annex the Manitou PAA into the City utilizing the annexation method provided in RCW 35.13.470 and 35.13.480. The PAA is depicted with an area map and a list of parcels, for illustration purposes, on Attachments A and B, respectively, attached hereto; and

WHEREAS, the Pierce County Council passed Resolution Number R2018-97 on September 4, 2018 and the Tacoma City Council passed Resolution Number 40150 on October 30, 2018, directing the respective County and City staff to negotiate an Interlocal Agreement to annex the PAA subject to this Agreement as required by RCW 35.13.470(1); and

WHEREAS, annexation of the PAA subject to this Agreement is exempt from compliance with the requirements of the State Environmental Policy Act pursuant to RCW 43.21C.222; and

WHEREAS, the Annexation ordinance provided for in RCW 35.13.470 is subject to referendum within forty-five (45) days after adoption; and

WHEREAS, after the expiration of the forty-fifth day from, but excluding the date of, adoption of the annexation ordinance, if no timely and sufficient referendum petition has been filed, the area annexed shall become a part of the City of Tacoma; and

WHEREAS, the City and County have published notice of adoption of this Agreement as required by RCW 35.13.470(3); and

WHEREAS, the City will publish notice of the proposed effective date of the annexation, together with a description of the property to be annexed, as required by RCW 35.13.470(4); and

WHEREAS, the Tacoma City Council has enacted Resolution Number [####] on [date], authorizing the City Manager to enter into this Agreement; and WHEREAS, the Pierce County Council has enacted Ordinance Number [####] on [date], authorizing the County Executive to enter into this Agreement; and

WHEREAS, the Tacoma City Council held a public hearing pursuant to RCW 35.13.470(3) on [date], and the Pierce County Council held a public hearing on [date]; and

WHEREAS, the Tacoma City Council found that the proposed annexation is consistent with the City of Tacoma’s One Tacoma Comprehensive Plan; and

NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows:

AGREEMENT

SECTION 1. ANNEXATION AREAS

1.1 Annexation. The County and City agree that the Manitou PAA identified in this Section shall be annexed into the City following the adopting of an ordinance by the City providing for such annexation pursuant to RCW 35.13.470. The annexation date fixed by ordinance shall not be fewer than forty-five (45) days from the date of adoption of the ordinance pursuant to RCW 35.13.470(4).

1.2 The Manitou PAA is legally defined as:

That portion of the east half of the northeast quarter of Section 26, Township 20 North, Range 02 East, Willamette Meridian, more particularly described as follows:

Lying north of the south margin of 70th Street West as dedicated by the plat of Manitou acre tracts, according to plat recorded in Book 10 of Plats at page 96, records of the Pierce County Auditor, and lying east of the west margin of Lakewood Drive West (also known as 54th Avenue Southwest and Hannah Pierce County Road) according to deed to Pierce County recorded under Auditor’s fee No. 2451560, records of Pierce County Auditor, and lying south of the south margin of South 64th Street per deed to Pierce County recorded under Auditor’s fee No. 421700, records of Pierce County Auditor, and quit claim deed to Pierce County recorded under Auditor’s fee No. 8505280134.

Situate in the County of Pierce, State of Washington.

SECTION 2. GOVERNMENTAL

SERVICES

2.1 Transition of Governmental Services. The transition of governmental services is provided for in the Annexation Memorandum of Understanding (“MOU”) as set forth in Exhibit B to Pierce County Ordinance No. [####].

SECTION 3. TERM

3.1 Duration. This Agreement shall remain in effect for five (5) years after the Annexation date unless terminated earlier in accordance with Section 3.2.

3.2 Termination.

3.2.1 Either party may terminate the Agreement upon ninety (90) days’ advance written notice to the other party. Notwithstanding the expiration or earlier termination of the Agreement, the County and City shall remain responsible for fulfilling any outstanding obligations under this Agreement that were incurred prior to the date on which the Agreement expired or terminated.

3.2.2 This Agreement shall be terminated immediately if a referendum petition is filed within the allotted time period and the resulting annexation vote defeats the proposed annexation(s). SECTION 4. GENERAL PROVISIONS

4.1 Notices, Demands, and Communications. Formal notices, demands, and communications between the City and the County shall be sufficient if given and shall not be deemed given unless dispatched by certified mail, postage prepaid, returned receipt requested, or delivered personally, to the principal offices of the City and the County as follows: City: Office of the City Manager, Tacoma Municipal Building, 747 Market Street, Room 1200, Tacoma, WA 98402; County: Office of the Pierce County Executive, County-City Building, 930 Tacoma Avenue South, Room 737, Tacoma, WA 98402; Director: Pierce County Planning and Public Works, Public Services Building, 2401 South 35th Street, Room 175, Tacoma WA 98409.

4.2 Indemnification and Defense.

4.2.1 The City agrees to defend, indemnify, and save harmless the County, its appointed and elected officers, and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney’s fees, and costs by reason of any and all claims and demands upon the County, its elected or appointed officials, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons, and for damages to property including loss of use thereof, when such injury to persons or damage to property is due to the negligence of the City, its subcontractors, its successor or assigns, or its agent, servants, or employees.

4.2.2 The County agrees to defend, indemnify and save harmless the City, its appointed and elected officers, and employees, from and against all loss or expense, including but not limited to judgements, settlements, attorney’s fees, and costs by reason of any and all claims and demands upon the City, its elected or appointed officials, or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons, and for damages to property including loss of use thereof, when such injury to persons or damage to property is due to the negligence of the County, its subcontractors, its successor or assigns, or its agent, servants, or employees.

4.2.3 Should Pierce County be determined liable for said damages caused by or resulting from the concurrent negligence of the County and the City, the City shall indemnify Pierce County only to the extent of the City’s negligence, and Pierce County shall indemnify the City only to the extent of Pierce County’s negligence.

4.2.4 In the event that one party defends the other, the defending party shall have the sole right to select legal counsel to defend against the claim, demand, or cause of action. In the event that defense is undertaken, the defending party shall be empowered to settle or compromise the claim, demand, or cause of action, and the defended party shall not interfere therewith, provided that if the defending party settles a claim, demand, or cause of action against the other party without that party’s consent, the non-consenting party shall not be liable for any settlement or fees.

4.3 Amendments. This Agreement may be amended or modified in accordance with applicable laws, rules, or regulations, and upon mutual consent of the parties; such mutual consent of the Parties shall be evidenced by a written amendment signed by the parties.

4.4 Rights Reserved. Nothing in this Agreement is intended to waive or limit the rights of the parties to require mitigation for any impact as allowed by federal, state, or local laws and ordinances including but not limited to environmental impacts governed by Chapter 43.21C RCW or mitigation fees governed by RCW 82.02.050.

4.5 Title of Parts and Sections. Any titles of the parts, sections, or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any part of its provisions.

4.6 Applicable Law. This Agreement shall be interpreted under and pursuant to the laws of the State of Washington.

4.7 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding, or unenforceability.

4.8 Legal Actions. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement, or to collect damages as a result of any breach of the Agreement, the party prevailing in any such action shall be entitled to recover against the party not prevailing all reasonable attorneys’ fees and costs incurred in the action.

4.9 Joint Board. This Interlocal Agreement does not establish or create a separate legal administrative entity, joint board, or joint budget authority to accomplish the purposes of the Agreement.

4.10 Recordation. Within ten (10) days after the effective date of this Agreement, the Clerk of the County Council shall have this Agreement recorded with the County Auditor/Recorder of Pierce County. In the alternative, the parties may mutually agree to post this Agreement electronically on their websites.

4.11 Execution of Other Documentation. The City and the County agree to execute any further documentation that may be necessary to carry out the intent and obligations under this Agreement.

4.12 Complete Understanding of the Parties. This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement consists of [# of pages] (XX) pages and constitutes the entire understanding and agreement of the Parties.

4.13 Effective Date. The Effective Date of this Agreement shall be the date upon which the Agreement is approved by official action of the legislative bodies of each of the Parties, and the MOU is signed by the duly authorized representative of each of the Parties. CITY OF TACOMA: Elizabeth Pauli, City Manager (signature); By direction of the Tacoma City Council in Open Public Meeting on (date); Dated (date); Authenticated by: Tacoma City Clerk (signature); Approved as to Form: City of Tacoma Attorney (signature).

PIERCE COUNTY: Bruce F. Dammeier, Pierce County Executive (signature); Dated (date); Attested by: Pierce County Council Clerk (signature); Approved as to Form: Pierce County Attorney (signature).

IDX-935468

August 19, 26, 2021.