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AN ORDINANCE authorizing the executive to enter into an interlocal agreement with the city of Seattle relating to the South Park bridge and conditions necessary for the city to designate the Unincorporated North Highline Area as a potential annexation area.
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STATEMENT OF FINDINGS:
1. King County's Annexation Initiative encourages the expedited annexation of all remaining urban unincorporated areas in order to achieve both financial stability in the current expense fund, and the regional land use vision set forth in the countywide planning policies.
2. On April 5, 2004, the Seattle city council adopted Resolution 30666, which among other things, requires the city of Seattle ("the city"), prior to proceeding with designation of the Unincorporated North Highline Area as a Potential Annexation Area ("PAA"), to enter into an interlocal agreement with the county that would protect the city from assuming financial responsibility for the existing South Park bridge and indicates that they would not consider the annexation of North Highline under any scenario in which Seattle would have financial responsibility for the existing South Park bridge or any of the work associated with its replacement or removal.
3. King County is willing to work with the city to reasonably address their concerns regarding the existing South Park bridge so that the city may consider designating all or a portion of the Unincorporated North Highline Area as a potential annexation area
4. King County is committed to replacing the existing South Park bridge within a reasonable timeframe, provided that sufficient funding is available through a regional dedicated transportation funding source, along with federal, state and local sources as long as the existing South Park bridge continues to be owned by King County and the city of Tukwila.
5. King County will remove the South Park bridge if funding is not secured and public safety is at risk as long as it remains in unincorporated King County and the city of Tukwila.
6. For King County is to be successful in securing the necessary funding for replacing the South Park bridge, the bridge must continue to be a part of the unincorporated King County road system as opposed to being part of a city.
7. If the city were to annex the South Park unincorporated area in advance of county replacement or removal of the existing bridge, the county could not use county road funds to contribute to the operation, maintenance, replacement or removal of the existing South Park bridge.
8. The policy choice by the city to time any further consideration of the annexation of the unincorporated South Park area to occur after replacement or removal of the South Park bridge by King County protects the city from taking on the financial responsibility for the cost of replacement or for the decision to close the bridge if it is no longer safe for traffic.
9. The city and King County have negotiated an interlocal agreement that provides the assurances from King County that the city has no mandatory financial responsibility towards the existing South Park bridge and its replacement or removal so long as the South Park bridge is located in unincorporated King County and, therefore, sets forth the conditions under which the city will consider designation of all or part the unincorporated North Highline area and all of the South Park unincorporated area.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. The county executive is hereby authorized to enter into an interlocal agreement, substantially in the form of Attachment A to this ordinance, with the city of Seattle to set forth: A. the terms under which King County will replace or remove the South Park bridge, and B. the conditions under which the city of Seattle will designate Unincorporated North Highline as a Potential Annexation Area and will designate the Unincorporated South Park Area.
SECTION 2. King County will agree to move forward with the replacement of the South Park bridge if the county is able to secure sufficient funding for the project from a combination of: federal, state and regional funds such as the Regional Transportation Improvement District; local city contributions from adjacent cities; and the unincorporated road fund and such funds are available within a reasonable timeframe defined as no later than 2010.
SECTION 3. To execute the interlocal agreement, King County must have concurrence from the city of Seattle acknowledging the county's authority to determine whether the South Park bridge is safe for traffic and its authority to undertake the removal of the South Park bridge in advance of replacement if the Bridge is found unsafe.
SECTION 4. To execute the interlocal agreement, King County must have agreement from the city of Seattle that once the Interlocal Agreement is executed, the city will proceed with consideration of all or part of North Highline as a potential annexation area on a timely basis so the question of whether annexation to the city is a viable option for the unincorporated North Highline residents is resolved.
SECTION 5. To execute the interlocal agreement, King County must have agreement from the city of Seattle that they will proceed with consideration of all of South Park unincorporated area as a potential annexation area and the city of Seattle annexation of the area upon county replacement or removal of the South Park bridge so that the unincorporated area residents of South Park have clarification regarding the opportunity to annex to the city of Seattle.
SECTION 6. The county executive is directed to terminate the agreement if the if the Seattle city council fails to designate all or part of the Unincorporated North Highline Area as a Potential Annexation Area by June 1 , 2007, as part of the city's comprehensive plan amendment process.