2005, 09-29 Special Joint Council/BOCC Meeting
~e .
s°T'p6nne
;0OValley
CITY OF SPOKA,NE VA:LLEY
AMENDED AGENDA
Joint City C'ouncil/
Spokane Caunty Commission Meeting
Thursday, September 29, 2005
11:30 a. m. -1:30 p. m.
Spokane Valley Council Chambers
11707 E. Sprague Avenue, Spokane Valley, WA 99206
DISCUSSION AGENDA ITEMS INCLUDE:
➢ Revisions for the Road Maintenance Contract
➢ City/County Model Agreements (assurance ["me too"] clause)
➢ Interlocal Agreement Regarding Joint Planning
> Urban Growth Areas
9 Appleway Right-of-way Transfer
➢ Transportation Infrastructure Needs
~ - - - _ _ - . _
j➢ Financial Participation _by _ cities _in the cost_ _offunding Spokane
,Regional_Health District
1110 of 1% Local Option Sales Tax-for new and expanded~ Mental,
. .
Health Services and new and expanded_Therapeutic Courts
NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,
hearing, or other impairments, please contact the City Clerk at (509) 921-1000 as soon as passible so that
arrangements may be made.
September 29, 2005 Joint Meeting, Council & Board of Counry Commissioners
No. 5 0842
BEFORE THE AOARD OF COUNTY COiNM[SSIONERS OF SPOKA,YF C(JUNTY,
WASHCIV GTOIY 1N 'i'HE MATTER CONCEKiYliYG A Jn1NT )
AZEETLL\"G UF "1"HE SPOKrE VALLEY CITY ) s1"Q'rICE OF
COU1"CIL, THE MAYOR AND SPOKAT`E ) SPECIAL NtEE'I'[NG
COUNTY CO«vIISSIOVERS )
I\70TICE 1S HEREBY GIVEN by the Chairman of thc Board of Cuunty. Commissio0ers of Spokane
County, Washington, pursuant to R.C.W. 42.30.080, that the Board of County Commissioners will
meet with the Spokane Valley City Council and Mayor at a Special «eeling
THURSllAY, SEPTFMI3FdR 29, 2005, AT 11:30 A.M.
SPOKAl\'E VALLEY COUNCII. CHA.MB:ERS
11707 El. Sprague Avenue, Spokane Valley, WA 99206
The purpose of the special meeting will be for the Board of County Commissioners, Spokane Valley
City Council uncl Mayor to take "ACtion," as that term is defined in RC.W. 42.30.020, on the
following items:
1) Revisions for the Road Maintenancc Contact .
2) C1fy/County Model Agreements (assurancc ["me too"] clause)
3) Interlocal Agrecment regarding Joint Planning
4) Urban GrowKh Areas
5) Appleway Riglit-of-Way Transfer
6) Trsnsportntion Infrastructurc Nceds
7) Financial Participadon by cities in the cost of fundiug Spokane Regional Health
District
S) 1/10 of 1% Lucal Option Sales Tax for new and exflanded 1Vlental Nealth Services
and riew and expanded Therapeutic Coarts .
The terminalogy "uction" as used herein shall mean deliberate, discuss, consider, revievv, evaluate,
makc a collective decision or take a vote on the above Usted Items.
any person may appear at the time, place and date ot the SpecfalMeeting and ohserve the action(s)
of the Buard of County Commissioners, Spokane VAlley City Councfl and Mayor. Nb public
testimony will be received. StuIT rnay be asked to responcl to questions.
llATED this 27th day of September 2005.
oF coMIvjs BOARD OF COi3N1 Y COMMISSIONERS
OF SPOKAVE COUNTY, WAS[lINGTO\`
o
~ ~
• ~ .
~ .."'.;r hillip,D.I ris,Chairman-
ATTE
Daniela Erickson, Clerk of the Board
~`pokane .
,;OOValley .
11707 E Sprague Avc Su9Ce 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ~ cityhallespokanevalley.org
i~.~"`~ ,v~~_.,..._...._....Y,.~si.....~9Tt .e... sn~•e..- ;,-•.~..rrn.as.
June 21, 2005
James Finacio
Chief Civil Prosecuting ~ttorney
111'S East RroadNvay, Secand Floor Spokane, WA 99260
Re: Qui! CYaiin .Taeed issues an lald Mihvaukee right-of way ,
Dear Jim:
I have item.izeci the issues the City would I_ike to discuss further in relation to the transfer
01' the old ivlilwaukee Rail 1Z.OW lhat the Citv is consideri.ng for extension of the Appleway Couplet.
(1) Page 2, # 1, sec;ond line - I think the Nvords "and shall be properly mainta.ined in goncl •
eondition ror these purposes." shauld be removed. While such language is not legally
• objectionable, it is wholly unnec;essary under the circwnstances. I believe the City has
demonstrated it.s ability and desire ta maintain its property in good conditian.
(2) Page 2, 2, firsl paragraph -1 would like to clarify in th.i5 paragraph ttiat any right to
operate, maintain, alter, construct, etc. the scw-er or road is subject to a11 applicahle permit
requirements the City has adopted for such activity. .
(3) Page 2, # 2, sccond paragraph - the words "or allow to be caused" fu'e not acceptablc
i.n this conCext due to the following sentences, Nvhich state that "any such cla.mage is the
sole responsibility and liability of.' Grantee and hezeby covenants with. Grantor that
Grantee ivill pay for any damage done at an.y time hereafi:er to the sanitary sewer lines, .
their apptu-tenances and the access road." We will be responsible for, and pay fdr;
damage we cause, but we should not be a guarantor for daxnage causeri by others.
• (4) Yage 3; # 4, first paragraph - the botfiom line re(ers to uses of the Properly, and tliat
Grantee shall grant an easement related to public transpartation uses. ."1'his sentence
sh.auld cnd after "...joint use of the Property for public trausportation purposes." The
rcrnainder of that paragraph should be removed. Wc also need to clarify to whom the
City would grant an easement to. It is not clear if it is intended to be Spokane Coimty, nr
another entity that may propose a form of public transportation f4r diat area.
. (5) The City should have the right to place utilities, public or private in the ROW, and make othe.r reasonably related uses of the R.QW. Li the donation document tlie language
sllould reaci, "transfcrred and conve5`ed far street, utility (public and private), and all.
other rcasonably related purposes consistent with the aut}iority of the City to contral and
manage the property under the laws of.' Washington." (6) Yage 2, #3, Obviously, both jurisdictions are concerned about the potential for
contaciunation, given the history oF ttie property. Please verify that the County has
pzovided the y City ~A2th all docwnentation the Gounty has rcgazding potential -
contaminataon relatecl to the property. The City c,an lhcn determuie whether it waats to
have afull enviranniental assessmcnt dane on the property.
(7) Please provide a detailec3 map oz GIS in.f.'nrmation layer detaili.ng the boundaries di the
KOW, both al the timc of the transfer tn the County, anci now. That map or GIS
informaiion should alsn show any portions of the RO`V that is encum.bered in any way,
such as a lease, lic;E;nse to use, or sale to an outside entity. This is. important so the City
knows exactly what is subject to the transt'er; and any.limitations that may exist for f-uture
use.
I look forward to your responsc. If you have any questions or comments, please feel free
to contact me.
Very truly yours, ,
~
Cary P. Tariskell
Deputy Cily Attorney _
CYD/pd,
c: Dave Mercier, Ciry V1anager
Neil Kersten, Public Wnrks Directur .
Mv'C'ION RE COMMEN1)lNG JO]NT PT ANNV.IVG FOR EXTSTlNG URBAN
GROW"1'H A1tLAS ANrI7 FLTRTH,R RECO'MMENDING TIIAT JOINT PLANNTNG
AGREF-A-IF-NTS SHOULD BE iNi PLACL YR10.EZ "1"v A:E'!'ROVf1L OP PUTURF
iJRBAN GRQw"rH AREAS
Whereas, the GroNl%th Manaeement SteEring Couuiuttee of Elected Officials (Steering
Committee) has formed a sub-committcc to rcview issues surround'uig joint plannuig and .
urban growth areas; and
Where.as the subcontmittee has met on the l Ol•h of AugusC, 2005 and 9th of Septcmbcr,
2005 to discuss ttiese issues; wid
«Thereas, the Steering Conimitiee recognires that urban development withotrt joiut
placuung may result in unfunded i.nipacts to adjacent jurisdictions as well as inconsistent
dcvelopmeut standaeds in aeeas where fiihire auueaation is possible; and '
Whereas, ttie Steeriug Coiiuiuttee recogiuzes that a number of UGA's are adjaeenl lo a
single jurisdictions aid jouit plaiuung would clearly be appropriate between Spokane
Courity and that jurisdiction; and
'Whereas, khe juriSdictions f'urther recognire that other UGA's rnay impact botl1 Spokane
Coiuity and uiore tlian one municipal jurisdiction requicing joint planning between all
affected jurisdictions; and Whereas, the jurisdictinns recagnire that tying lhe issue of joint planning agreements to
the issue of iuture annexatihn has resulted in disagreements as to specific applications of
khe law- anci signif7cant umflicLS aver fulure revenues with the end resiilt beiug a
collective inabiJiEy rU drait and linali4e necessary joint planning agreements; and
Whereas, the Sleering Commiltee wish's to separatc, without prejudice to any
jurisdiction, the issue of fuiure an.nexations and the legal authority and right to pursue -
• such aiuiexations from the issue of joint planning tn facilitacc che draliing anci esecution
of joint plan»ing agre.ements; _
Now, 7lierefore, t1le Steerina Committee recommends lhe Iollo"ving:
1. That all jurisdictions immedialely begin the prUCess of clrafting and. finalizing joiut
Planning agreemenLs for existing. Urban GroNvth Areas. Arc3s where a single .
municipality and Spokane (:ounty arc ttie uitcrestcd jtuisdictions should be complefed
withui 6 montlls of passage of this motion. Azeas where hvo or more municipalities havc an interest shall within 6 montlis of passagc of tfus morion identify the zones ~N.-here
conuuon interests lie and IVvithin 12 manths of passage of this motion complcte and
execuie a joint planning agreement. lt is underst4od that these uurial agreements may
not be cocnprehensive or identify a.nd resolve all joint plann.i.nD issues but shoulcl in a
address the issues of transportation impacls and design sta.nda.rds. It is intendecl lhat the
parties continue to rcview aud revise these agreements as needed.
2. That, noriNithslanding language contaiucd 'ui the Cnunty-Wide Planning I'olicies for
Spokane County, Glossary Ct>untywide platuung Yolicy Terms definin? ":foint-Plaiuuug
Arcas". Nvhich states:
,Toint Planning Areas - areas designatecl as iJrban Grow-th Areas assigned to
, a city nr tuwn for future urbau developmr.nt but located in the
uniucorporated county where a coordinated planai_ng process betiveen the
ciries, rowns aud the Couuty will bc cunciucted." at page 47
The adoption of a joi.nt planninc, agreemcnt shall not be considered a.s evidEnce ul support
of or in opposition to, the future annexalion of any specific area nnr shall any jurisdiction
entering irito such an agreeiuent waive any right to appeal aud/or to pursue or oppose
annexation e,fforts or any ottier cause of action available under state or federal la,,v unless
specifically re.siricted by the tenns of any sucll agreement.
3. That further, prior to final approval of any future extension of Urban GroNvkh
Bou.ndaries Spokane Counly require that a jouit plamung agreement be eaccutcd betvveen
the affected jurisdictions.. ' .
DRAF'T 9/6/05
Interlocal AfZrecment Reesrding Jo'tnt PlanninL, between the Cih, of Spokane
Vallev and Spokane Countv
"1"his agreement is entered into on ttie day of Septernher, 2005 by the City of
- Spokane Vallcy (Spokane Valley) and the County of Spokane (Spokane County).
pn July 19th, 2005, ttie Spokane Cotuaty BOard nP CUunty Comnussioners
, adoptcd Resolution approvi.ng a changc in the Spokane County
Comprehensivc Plan from Urban Reserve tn 11ow Density Residcntial for the
properry described in Paragraph 3 beldw. Spokane Valley lias eYpressed concerns
about the i.cnpact of'the proposed exlension nf tlie Urban GroNvth Area to
lransportztion capacity witliin the Spokane Valley ancl possible incompatible
. devclopmcnt standards and design. To avoid any fiu-thcr dispute and resolve the -
idencified concerns tlie paeties agree to the following:
l. Le ;al basis: This agreement is ente•red iuto pursua.ut to RCVJ 36.70A.010;
020(3); 110 (2); 210 (3) (a), (b), (d), and (f); IZCW 39.34; Countv-Wide
Ylanni.ne Policies rar Sppkane Counh~, (Plani.ing Yolicies) Topic 2, Overview
of:' Grox%th Mana;ement Act( GMt'k) Reyuirements; Topic 2, l?olicies (1) and
_ (2); Topic 5.°i ransportation, 4verview af Gro",tli Manabemcnt (GMt1)
Requirements; Glossary Counlywide Ylaculing Policy Terms, Joint Planni_na
Azeas; Spokane Valley liitcrim Comprehensive Plan; Spokane Cotuity
. Coiilprchensivc 1'lan.
~
2. tlrea affected: '1'he agrECment applies Fo that portion of Spokane County
-
generally located south nf Turtle Creek, west of l3arker, north of 32nd ancl
east of Chapnizn Road aiid more specifically described in Exubit l, attachcd
hereto and by this zeference incorporated herein.
3. Intcnt: It is the uitent of the parties, 1) to prornotc cooedinated planning for
transportation and dcvelopmcnt standards be"veen the Spokanc Valley and
Spnk.ane County for the area affected, 2) to ensure that transportation iuipacts
resulting fram development ui the affected area al-e identified azid that
adequate iundui; is provided for to pay for the costs of improvements made
necessary by these iiupacts, and 3) to easure that cievelopinent standards for
strects, sidewalks, curbing, drainage and ulilities are compatYble with '
. standards cYisting and planned for by. Spokane Valley. Spokane Valley ancl
Spoka,ne County desire to jouitly establish arid implement developinent
regulations and pr.ocedures governing the review and approval of
subdivisions, sh_ort suUclivisions Etnd conditional land uses wittiui this affected
area. The parties also desire to jointly establish aald i.mple.nleilt development
rcgulations and procedures governing the provisiUn of public Cacililies wilhin _
the UGA property in question. Spokane Valley and Spokane County agree to
commil sufficient stafT to drafZ and f'inalize these sPeci.ic agreements within 180 days of cYCCUtion of this agreernent. The parties also recognize that
innmediate land use development ui . ttus arca VV1tIlOllt a joint planning
agreement . gvverning the same NviLl fnistrate. the purpose aaid intent of ttus
a(g-eement and the development regulltions and procedures to be established.
Consequently, Spokane Valley and Spokane County agree to the follawing
imiiieciiate measures: .
4. Transpo~rt<<tion:
a. 1 hc partics rccognizc that:
i. T)evelapment in either the Spnk.ane Val_ley or Spokane Coun. ty
creates poteniial impacts for intersections and corridors in the
adjacent jurisdiction.
ii. '[-he area in question contains approYimately 244 acrES of
undeveloped lanci and additional propert_y that is
, underclEVeloped in light of proposed ncw dcnsity standa.rds (6 •
homes per acre.)
ui. That, the total build out of Ehis area, eslimating 4 homcs pcr
acres fbr the wicieveloped propcrties and no additional build
out for the devcloped areas Nvoulcl allow the conskructian of
976 neNN, homes resultuig in 10,736 daily authmobile trips.
iv. 'rhat this iner&Lsed vehic:ular traftic will havc an impact ou the
i.ntersections and roadways wittun Spokanc Valley, includiub
buc not limited lo the intcrsections of Sulliva.n auud Sprague,
Sullivan and Saltese aici the 13arker Road ancl I-90
uiterchange.
b. ln order to ensure suf.ficienl Cunds to pay for the improvenients neccssitatcd by thcsc impacts the plrties agree to the follrnwing:
i. Lach devElopment applicarion for a subdivision, short
subdivision or conditional laild use permit that ccmlemplates 20
or inore iiving units, nr PUTa applieati4n of any size; shall
~Nithi.u _wnrki.ng days of submissiqn be provided by Spokanc
County to the SpQkane Valley Conununity Develapment
' Director.
ii. Spokane County shall rcqiurE the applicaut for each
development propasal described in "i" above to, preparc and
providc to Spokanc Valley mid Spokane County a.T.ra.Cric
hnpact Analysis (TTA) quantifying the impact of that
devclopnient. The scope of that TTA shall be approveci hy ,
, Spokane Valley.
iii. Spokane Valley shall be provicled Nvith any environinental
checklist, or other rcquest macie pursuant ta RCW 4321C et
seq for properiies within the afFected area Nvithin _wor.ki.n;
days of submission.
iv. Spokane Valley shall have notice of and be able to attend any '
predevcloprnent c4nference andlor development con.ference
with resPect co tievelnpment proposals described i_n "i" above
or any PU17 proposals. .
v. Spokane County after consultatiou xvith Spokane Vallcy shall
inclucie in its reconimended cvnditions of approval to the
Hcaring Hxaminer or 4ther apprppriate hearing body a
' coudition requiriug appropriate fuianeifll contributions for
direct trlnsportatioii unpacts to Spokane Vallcy identified in
. the TTA. prepared for each project.
vi. Spokane Cowity after cnnsultation 'with Spokane Vziley shall
include in its rc.carnmended cUndiiiUnS of approval to the
H eariti; Lxalniner or othcr. . appropriate hearing bociy a
condition settirig f"orlh the tinie, manzier aud iueans of
transference o1' an,y payment i»tended to compensate Spokane
Valley for idcntified traffic impacts.
vii.. Spokane Countp recogiuzes that to unplemcnt this agrecment
some modification of eYistine land usc rEgulations may be
required zuid agrees to lnake such inodifcations within. _ days
of execution o1'this agreenlent.
5. Development Standards:
a. Spokane Coiauty agrecs to adopt within _ days of lhe execution of
this agreeuient, thc Spokane Valley street standards, as wel.l as
standards tor drainage, sEorm water and utilit}, design aaid locatiou for
the affected area as are set forth in FxIiibit 2 attached hereto wid
incorporated herein. Prior to the effective date of this lceislation
Spokaiie Cotulry agrees to recommend to che Heari.n;; Examine.r or
other appropriate hcaring body that development vvitli.in the aifected
area bc consistent wilh the Sp4kane Valley Standarcls discussed above,
b. Spokane Counh, agrees to confer wii.h Spokane Valley prior to
finalizalion of the necessity for and/or the lncation of wy comlector
streets and/or the classification caF any streets ~,%7lhin or adjacenl to a
proposed dcvclopmcnt or adjaccnt to ttic botundaries of Spokailc
Vfilley. If agreeuient is not reached resulting ui jourt reconuiieudation
to the hearuig EYauuner or otlier appropt•iate liearuig body both parties
shall present their respective posidons to the I-Iearing Exami.ner or - other appropriate heariiic body.
c. Spokane County aa ees to adopt, ~N6thin _ days of.' execution qf lhis
agreement, the Spokane Valley •PI.TD ordinancc which is set forth in
LN-ubit 3, attached hercto a.ud incorporated hereui, as to PUD of th.is
legislation Spokane Couii_Cy agrees to recommend to the hearing
Fxaminer or olher appropriale body, that development within the •
aFf"ected area be consiste-nt,,vith the PUIa prdinance se.t forlh ahove.
6. Other Regulations:
a. Nothing in this agreement shall supersede or ncgate any existing land
use or development regulation for Spokwle V11ley or Spokane County.
7. Additional Agreements: a. The parties contemplate future joint planning agreements that may
i-elflte to the affected area of other portions of Spokane County and/or
Spokane Valley. Nothule in this a.geement is intended to prolubit the
developnlent of future agreements relatui; to either the impacts
idciitificd above or other impacts that may uow or ui the fiiture exist.
8. Rights reserved: •
a. Nottung in these agreements is intended to waive ar limit ttic righLs oi'
thc parlies to requirc mi[igation for any impact as allowcd by federal,
state or local laws or ordinances including but not lunited to
enviroiunental impacts govcrned by 43.21C.010 et seq.
9. Accounting of Fxistinti hees:
a. That Spokane County shall .vikhin 60 days oF execution of this
agreeaient provide an accounting of all Cees paid to uutigafe impacts to
intersections or roadways currently within Spokane Valley along with
the disPnsition of ttiose fumcis. 10. Change in Standards or Ordinanres:
a. Any change in Spokane Vallcy or Spokane County standards or
orclinances relied upon in t:h.is agreemcnt shall be within _worl:iug
tlays of passage forvvarded to the other puty. lf die parlies cannot
agrec to the implementation of thcse stanciarcis wit:hin 30 ciays the issuc
may bc iinmcdiately set for uiediation by cither pdrly. 11. vTediation of llisputes:
s. A.ny disputes arising Frpm this agreement; including lhe failure to agree a,s to new standards and/or aPplicable ord'uianccs as is set f:orth
in paragraph 10 above, shall be sct for mediation %Arithin 30 days of
notification of a dispute. l f inedi.ation is unsuccessFul then the ptu-ties
agree to arbitration pursu~u-it to RCW 7.60.010, to be held with FO days
• of the date medialion is abandoned.
12. fndemnification and Liabilify:
• a. Spokatic County shall protect; save.harmless, indemn.ify and defcnd; at
, its own expense, Spokane *Valley, its elecled and appointed officials,
officers, employees and agents, from an}° loss or claim for damages of
any nature 4vhatsoever arising out of Spokanc Coi.unty's performance .
of tllis a;recment, including claims by the Spokane County
employee's or tlurd parties, exc;ept for thosc damages caused solely by
the negligence or willfu] misconduct of Spokane Valley, its electEd
and appointcd offcials, o:fficers, eulployces, or agents. ' b. Spokane Vxlley shall proiect, save harn-Jcss, indemnii"y and defend, at
its awri erpense, Spokane County its elected and appointeei oHicials,
officers, employees znd agents, from any loss or claun for dainagES of
any natl.u-e what:soever a.risuib out of Spokane Vailey's Ferformaucc of
tlus agreement, including clauiis by thc Spokane Valley employee's or
. third parties, eacept for tliosc damages caused salely by the negligence
or willful misconduct of Spokanc County, its elecleci and appointed
- officials, officer.s, employees, or agents.
c;. In the event of liability for clamabes of any uariire whatsoEVCr arising
. out of the perfonuance of this Agreement by Spnkane County Eknd
Spokane Valley; i.nc•luding claiais by Spokane County's ar Spoka,ne
Valley's okN~n of:ficers, officials, employces, agents, volunteers, or third
parties; caused by Qr resultina &om the concurrent negligence of
5pokaile county and Spakane Va11ey, each partics liability hereunder
shall only be to tlie estent of that party's negligence.
•d. vo liabiliiy shaU lie attached to Spokaiie Counly or Spokane Valley by
reasou of entering inlo this agreenient except as expressly provided .herei.n.
13. Severability: If any provision of ttus agrecment or its application to a.ny
person or circumstance is held invalid, the remainder of the provisions and/or
the applicaci4n oi:'the provisious to otticr persons or c:ircumstances shall not bc
affected.
14. Entire A;reerue.nt: This agreement constihitcs the entire agreemellt between
the partics with respeet to the affected propcrty. Tt is anticipated that the
parties will enter into fiirtlier urtcrlocal agreements an specific subject arcas as
indicated abovc. '
Interlocal Agreement Between Island County and the City of Oak Harbor, Washingon
This Agreement is hereby entered into by Island County, a political subdivision of the State of
Washington, and the City of Oak Harbor, a municipal corporation of the State of Washington.
WHEREAS, RCW 36.70A.210, the Washington State Growth Management Act of 1990, as
amended requires each County planning under the Act to adopt a county-wide planning policy
(CWPP) in cooperation with cities located in whole or in part within the county, and
WHEREAS, RCW 36.70A.210, the Washington State Growth Management Act of 1990, as
amended requires the CWPP shall at a minimum address policies to implement RCW
36.70A.110; and
WHEREAS, RCW 36.70A.110, the Washington State Growth Management Act of 1990, as
amended requires each County planning under the Act to designate the location of an urban
growth area or areas (UGA); and
WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes the County and the
City of Oak Harbor to enter into agreements that allow governmental entities to make the most
efficient use of their powers to allow the implementation of the requirements of the Growth
Management Ac#; and ,
WHEREAS, Island County has adopted and the City of Oak Harbor has rat`fied CWPP's
attached hereto as Exhibit A; and
WHEREAS, Island County and the City of Oak Harbor have adopted an Urban Growth Area
(UGA) and a Joint Planning Area (JPA) attached hereto as Exhibit B, within which planning will
be coordinated; and
WHEREAS, Island County and the City of Oak Harbor, pursuant to adopted County Wide
Planning Policies, have agreed to revise the UGA Area boundary to accommodate projected
growth to the year 2020; and
WHEREAS, the UGA for the City of Oak Harbor contains land area now located in the
unincorporated portion of Island County for which the City has established land use and zoning
classifications; and WHEREAS, for unincorporated land area within the UGA, the County has portrayed the City
Zoning as a potential zone in the County's Zoning Atlas; and
WHEREAS, Island County and the City of Oak Harbor now desire to jointly establish and
implement policies and procedures governing the annexation by the City of proRerties within the ' •
unincorporated area of the UGA; and
- WHEREAS, the County and the City acknowledge that to implement this Agreement the
respective codes of each jurisdiction will need to be modified; and
WHEREAS, the County and the City have been working with a citizen committee for the past
year to establish standards for the Enterprise Zone; and
I
WHEREAS, the purpose of the Enterprise Zone was to establish blended development
standards governing its growth to prevent basic inconsistencies between the County anci City
standards for the land within the Zone; and
WHEREAS, the County and the City will implement blended Development Standards agreed to
herein within the "Enterprise Zone"; and
WHEREAS, Island County and the City of Oak Harbor now desire to jointly establish and
implement development regulations and procedures governing the review and approval of
subdivision, short subdivision and conditional land use permits withiri the unincorporated portion
of the UGA consistent with this Interlocal Agreement; and
WHEREAS, Island County and the City of Oak Harbor now desire to jointly establish and
implement policies and procedures governing the provision of public facilities and utilities within
the unincorporated portions of the UGA; and
WHEREAS, Island County and the City of Oak Harbor now desire to jointly establish policies
governing planning and the review and approval of subdivision, short subdivision and
conditional use permits within the JPA to not preclude the expansion of Oak Harbor's UGA.
NOW THEREFORE, Island County, hereinafter called "County" and the City of Oak Harbor,
hereinafter called "City" hereby agree as follows:
I.PURPOSE
• A. This Agreement between Island County and the City of Oak Harbor is intended to
promote and provide guidance for the orderly growth and management of the physical
development of the City of Oak Harbor Urban Growth Area and the surrounding Joint
Planning Area. For purposes of this Agreement, development includes the subdivision
and short subdivision of land and conditional uses that require site plan approval by the
County.
• B. The City of Oak Harbor has adopted, and the County has approved, a final Urban
Growth Area designed to accommodate population growth to the year 2013 (Exhibit B).
Through County Wide Planning Policies (CWPP), population projections have been
adopted for the City of Oak Harbor for the year 2020 (Exhibit A). The City and the
County jointly agree to plan on a collaborative basis to accommodate the Oak Harbor-
oriented urban population growth that will occur in the immediate environs outside the
Oak Harbor UGA between the year 2013 and the year 2020 by revising the UGA
boundary.
• C. The County acknowledges, and the City concurs, that the unincorporated area of the
UGA will be annexed by the City in a timely and orderly fashion. The County and City
recognize that all of the unincorporated portion of the Oak Harbor UGA will eventually
annex to the City per County Wide Planning Policies, subject to the City's ability to
provide governmental services. The County acknowledges, and the City concurs, that
the zoning governing new urban land development in the unincorporated area of the
UGA and contained in Exhibit D has been formulated to produce development consistent
with a municipal development pattern and to promote the economic provision of urban
govemmental services by the City.
2
• D. The City, as the provider of urban gvvernmental services, acknowledges that
planning for and the timely provision/extension of urban governmental services is a
paramount prerequisite to facilitating the urban development of the UGA.
• E. The County further acknowledges, and the City concurs, that subdivision or short
subdivision of the property within or immediately bordering the UGA must not create new
unincorporated enclaves of urban density development or permit permanent large lot
development that will prevent urban- development or future expansion of the UGA.
Standards contained herein are designed to foster future development of such areas at
urban densities and with urban uses.
• F. The County and City will implement Blended Development Standards for road
construction, landscaping, AICUZ Standards, and landscaping within the Enterprise
Zone. These standards have been developed to provide consistency between County
and City Standards and to prevent the need for retrofits and redesign upon annexation of
Enterprise Zoned lands.
• G. The City and the County further acknowledge that the Growth Management Act
requires that future urban growth must first be located within existing UGAs. The City
and County hereby agree to enact and maintain development regulations that will
encourage and require new development of urban uses and densities within the UGA in
accordance with population projections and allocations as set forth in the CWPPs
adopted jointly by the City and the County.
• H. This Agreement between the County and the City of Oak Harbor is intended to
coordinate planning and certain land use decisions within the JPA so that land use
decisions of the County do not preclude the expansion of the UGA.
• I. This Agreement provides for City review and participation in certain County land use
decisions. The City acknowledges that this review will be accomplished within the time
frames provided in County regulations and without any additional review fees imposed
on the property owner.
II. UGA DEVELOPMENT STANDARDS AND PROCEDURES FOR PROPERTY CONTIGUOUS
TO CITY BOUNDARIES
• A. The City commits to annex property within 180 days of the submittal of a completed
annexation request.
• B. Property contiguous to City's municipal boundaries and upon which a building permit or development is proposed shall be required to annex to the City prior to or in conjunction with development approval by the City and shall comply with City zoning and
development standards. Building Permits for such things as accessory structures,
remodels of existing structures and additions which involve less than 60% of the
assessed value of the structure shall be exempt from the requirement to annex. '
• C. The County and City have mutually agreed on development standards governing the .
development of the North Whidbey Enterprise Area. The County and City have agreed to
implement the standards found in III.A.-E. of this Agreement for all lands in the
Enterprise Area. The North Whidbey Enterprise Area is defined pursuant to Exhibit C.
• D. In the event that the City does not annex the propeRy within 180 days of the submittal
of a request to annex, the County zoning regulations and development standards shall
apply. (Exhibit D).
III. UGA DEVELOPMENT STANDARDS AND PROCEDURES FOR PROPERTY WITHIN THE
UGA BUT NOT CONTIGUOUS TO CITY BOUNDARIES AND INSIDE THE NORTH WHIDBEY
ENTERPRISE AREA
3
• A. Non-residential development, short subdivisions and subdivisions shall be required to
save significant trees pursuant to Exhibit E.
• B. New residential and non-residential uses within the unincorporated portion of the UGA
shall be required to conform to City AICUZ noise standards pursuant to Exhibit I.
• C. Fire Prevention Standards for the North Whidbey Enterprise area shall be applied
pursuant to Exhibit F.
• D. Street standards for the North Whidbey Enterprise Area shall be applied pursuant to
Exhibit G.
• E. Landscaping shall be performed pursuant to Exhibit E.
• F. The County and the City are "co-lead" agencies, pursuant to Chapter 197-11 WAC,
with the County named "nominal lead" and responsible for complying with the procedural
requirements of SEPA.
• G.Pursuant to Chapters 17.03 and 16.19 ICC the County requires Pre-Application
Conferences for certain development proposals. All required Pre-Application Conference
applications for development within the North Whidbey Enterprise Area but not
contiguous to city boundaries shall be forwarded to the City and City Staff will be
welcome to attend all such conferences. Any written comments provided by the City
received at or prior to the conference will be forwarded to the applicant.
• H. All complete Type II and III applications for such development shall be forwarded to
the City as provided in ICC 16.19.120 for review and comment during the public
comment period provided for in Chapter 16.19 ICC.
• I. Exhibit D contains five zoning classifications for the Oak Harbor UGA. The County has
adopted these Zoning classifications in anticipation of the implementation of this
Agreement. The permitted, conditional and prohibited uses reflect the uses specified by
Oak Harbor in the City's comparable zones. It is the intent of the County and City that
allowed uses in the unincorporated portion of the UGA should be similar to those
allowed in the City for similar- zoning classifications. Therefore, should the City modify
the uses it allows, the County will consider amendments to ensure consistency pursuant
to Chapter 16.26 ICC. '
• J. Nothing shall be construed in this Agreement to prohibit the City from providing new
water service or sewer service to properties outside the City limits.
IV. UGA DEVELOPMENT STANDARDS AND PROCEDURES FOR PROPERTY WITHIN THE
UGA BUT NOT CONTIGUOUS TO THE CITY BOUNDARIES AND OUTSIDE THE NORTH
WHIDBEY ENTERPRISE AREA
• A. The County and the City are "co-lead" agencies, pursuant to Chapter 197-11 WAC,
with the County named "nominal lead" and responsible for complying with the procedural
requirements of SEPA.
• B. Pursuant to Chapters 17.03 and 16.19 ICC the County requires Pre-Application
Conferences for certain development proposals. All required Pre-Application Conference
applications for development within the UGA but not contiguous to city boundaries shall
be forwarded to the City and City Staff will be welcome to attend all such conferences.
Any written comments provided by the City received at or prior to the conference will be
forwarded to the applicant.
• C. All complete Type II and III applications for such development shall be forwarded to
the City as provided in ICC 16.19.120 for review and comment during the public
comment period provided for in Chapter 16.19 ICC. Included with the application shall be
a site plan that demonstrates the proposed subdivision, short subdivision or conditional
use will not preclude urban densities from being achieved.
4
• D. A property owner may elect to comply with City land use and development standards
prior to annexation. If a property owner elects to comply with City standards the City
shall issue a certificate of conformance that will provide:
• 1.Annexation of the development within one-hundred twenty (120) days of the
submittal of an annexation request; and • 2.At the time of annexation the development will not be required to comply with
any changes in City standards adopted after issuance of the certificate of
conformance.
• E. Exhibit D contains five zoning classifications for the Oak Harbor UGA. The County
has adopted these Zoning classifications in anticipation of the implementation of this
Agreement. The permitted, conditional and prohibited uses reflect the uses specified by
Oak Harbor in the City's comparable zones. It is the intent of the County and City that
allowed uses in the unincorporated portion of the UGA should be similar to those
allowed in the City for similar zoning classifications. Therefore, should the City modify
the uses it allows, the County will consider amendments to ensure consistency pursuant
to Chapter 16.26 ICC.
• F. Nothing shall be construed in this Agreement to prohibit the City from providing new
water service or sewer service to properties outside the City limits.
V. JPA DEVELOPMENT STANDARDS AND PROCEDURES •
• A. Pursuant to Chapters 17.03 and 16.19 ICC the County requires Pre-Application
Conferences for certain development. All Pre-Application Conference applications for
development within the JPA shall be forwarded to the City and City Staff will be welcome
to attend all such conferences. Any written comments provided by the City received at or
prior to the conference will be forwarded to the potential applicant.
• B. All complete Type III applications for development within the JPA shall be forwarded
to the City as provided in ICC 16.19.120 for review and comment during the public
comment period provided for in Chapter 16.19 ICC.
• C. The City may request an Annexation Development Agreement during the public
comment period for any Type III Applications. If the County receives the request in
writing during the comment period the County will require it as a condition of approval
provided the Annexation Development Agreement shall become effective only if it is
executed by all other parties within thirty (30) days of development approval.
• D. New residential and non-residential uses shall be required to conform to City AICUZ
noise standards.
VI. POLICIES AND PROCEDURES FOR PROVISION OF PUBLIC FACILITIES AND
UTILITIES WITHIN THE UNINCORPORATED AREA OF THE UGA
The City and County recognize mutual responsibility for capital facility planning in the
unincorporated urban growth area. As part of urban growth area planning, the City and
County agree to prepare coordinated capital facilities plans for the unincorporated Urban
Growth Area, including any revision thereof, within 180 days of the date of execution of
this Agreement. These plans will identify the capital facilities needed to se►ve the area's
current and anticipated population, consistent with level of service standards adopted by
the City and the County. The City is solely responsible for the planning and provision of
water and sanitary sewer planning. The City and the County shall be jointly responsible
for the coordination of transportation and stormwater facilities in the UGA.
5
VII_ REVISION OF COUNTY AND CITY REGULATIONS
This Agreement requires the County to modify its zoning code to include revised
landscape standards (Exhibit E), and adopt City AICUZ standards (Exhibit I). This
Agreement requires the County and City to modify its code as it applies to the Enterprise
Zone to become consistent with blended Fire Prevention Standards (Exhibit F); blended
Street Standards (Exhibit G); and blended Landscape Standards (Exhibit E). The County
and City will complete the adoption of these amendments as well as any needed
revisions to land use procedures within one-hundred twenty (120) days of the execution
of this Agreement. VIII. POLICIES AND PROCEDURES FOR OPENSPACE CORRIDORS
• A. The County and City have designated two openspace corridors within the Oak
Harbor UGA and JPA; Swantown/Waterloo Marsh and the Oak Harbor Fen.
These two areas are intended to satisfy the requirements of RCW 36.70A.160.
Both the County and City hereby commit to develop actions to implement these
designations as set forth in this section. Both corridors are illustrated in Exhibit H.
• B. Sv4rantown/Waterloo Marsh. By January 2003, after consultation with the
affected property owners, the County and City will develop for adoption an action
plan that includes the following:
• 1. A delineation of the outer boundaries of the corridor;
• 2. A summary description of the special features and attributes that
contribute to the openspace corridor; and
• 3. A plan for the management of land use.
• C. Oak Harbor Fen. By January 2003, the City will review both City and County
land use regulations and prepare for review by the City and County amendments
that may be needed to ensure consistency of applicable County and City
regulations.
IX. RELATIONSHIP TO EXISTING LAWS AND STATUTES
Unless expressly provided otherwise in this Agreement, this Agreement is not intended
to modify or supersede existing laws and statutes and shall be construed in a manner
which is consistent therewith. This Agreement is also not intended to affect approved
projects or complete applications for County land use approval within the JPA received
prior to the date confirmed for implementation of this Agreement. In meeting the
comm'rtments encompassed in this Agreement all parties will comply with the
requirements of the statutes, n.iles and regulations governing planning and zoning, land
division, annexation, open meetings, environmental policy, growth management, the
Island County County-wide Planning Policy, the Comprehensive Plans of Island County
and the City of Oak Harbor and any other applicable federal, state or local laws and
regulations.
X. ANiENDMENTS
This Agreement may be amended from time to time by written amendment. All
amendments must be agreed to by the City and County. Amendments shall be adopted
• in the same manner as the original execution of this Agreement. Any Comprehensive
Plan or Development Regulation amendment of either the County or the City that affec#s
6
lands within the JPA or UGA shall not be effective for these areas until any needed
amendment to this Agreement has been executed.
XI. DURATION AND TERMINATION
This Agreement shall be adopted and take effect when the Mayor of the City of Oak
Harbor and the Chair of the Board of Commissioners confirm that all code amendments
identified in Section VII have been duly enacted and shall remain in effect until
terminated by written agreement of both parties or upon either party's providing sixty
days written notice of termination to the other party. This document is not retroactive.
XII. FINANCIAL RESPONSIBILITY
Each party shall bear financial responsibility for its own respective share of work
performed pursuant to this Agreement.
XIII. SEVERABILtTY
In the event that any provision of this Agreement is declared invalid or illegal, such
declaration shall in no way affect or invalidate any other provision thereof, and such
other provisions shall remain in full force and effect.
XIV. INDEMNIFICATION .
• A. The County shall indemn'rfy and hold harmless the City and its officers, agents
and employees, or an of them from any and all claims, actions, suits, liability,
loss, costs, expenses and darnages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of the County, its officers, agents and
employees, or any of them, in the performance of this Agreement. In the event
that any such suit based upon such a claim, action, loss or damage is brought
against the City, the County shall defend the same at its sole cost and expense;
provided that the City reserves the right to participate in such suit if any principle
of governmental or public laws is involved. If final judgment be rendered against
, the City and its officers, agents and employees, or any of them, or jointly against
the City and the County and their respective officers, agents and employees, or
any of them, the County shall satisfy same.
• B. In executing this Agreement, the County does not assume liability or
responsibility for, or in any way release the City from liability or responsibility
which arises in whole or in part from the existence or effect of City ordinances,
rules or regulations. If any cause, claim, suit, action or administrative proceeding
is commenced in which the enforceability and/or validity of any such City
ordinance, rule or regulation is at issue, the City shall defend the same at its sole
expense and if judgment is entered or damages are awarded against the City,
the County, or both, the City shall satisfy the same, including all chargeable costs
and attomey's fees.
• C. The City shall indemnify and hold harmless the County and its officers, agents
and employees, or an of them from any and all claims, actions, suits, liability,
loss, costs, expenses and damages of any nature whatsoever, by reason of or
arising out of any negligent act or omission of the City, its officers, agents and
employees, or any of them, in the performance of this Agreement. In the event
7
that any such suit based upon such a claim, action, loss or damage is brought
against the County, the City shall defend the same at its sole cost and expense;
provided that the County reserves the right to participate in such suit if any
principle of governmental or public laws is involved. If final judgment be rendered
against the County and its officers, agents and employees, or any of them, or
jointly against the City and the County and their respective officers, agents and
employees, or any of them, the City shall satisfy same.
8
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ltitu►rieipa! Researe/r & Services Center of Ft%aslriiigatoi1
Sample Only
City of Marysville
Interlocal Agreement regarding Annexation and Urban Development within the Marysville
Urban Growth Area
1. PARTIES
This Interlocal Agreement (hereinafter "AGREEMENT") is entered into pursuant to Chapter
36.70A RCW (the Growth Management Act), Chapter 36.115 RCW (the Governmental Services
Act), and Chapter 39.34 RCW (the Interlocal Cooperation Act) by the City of Marysville, a
Washington municipal corporation (hereinafter "CITY") and Snohomish County, a political
subdivision of the State of Washington (hereinafter "COUNTY").
2. PURPOSE AND RECITALS
2.1 As required by the Growth Management Act (GMA), the COUNTY Council has adopted an
Urban Growth Area for Marysville (hereinafter "MUGA") that identifies areas within
unincorporated COUNTY which the CITY may annex in the future (see Exhibit 1).
2.2 GMA encourages cities with urban services to annex unincorporated urban areas within a
county.
2.3 Annexations proposed by the CITY are pursued in accordance with RCW 35A.14 and
intended to be consistent with RCW 36.93.157 and RCW 36_93.180.
2.4 The CITY and COUNTY recognize the need to facilitate an orderly transition of services and
capital projects from the COUNTY to the CITY at the time of annexation. 2.5 The CITY and COUNTY recognize that mutual coordination of land use densities and
designations is necessary to reduce urban sprawl, support urban infrastructure and protect rural
areas within the COUNTY.
2.6 The CITY and COUNTY recognize that annexations can have extra-jurisdictional impacts
and that intergovernmental cooperation is an effective way to deal with impaets and
opportunities that transcendy jurisdictional boundaries.
2.7 The CITY and COUNTY believe it is in the best interest of the citizens of both jurisdictions to
enable reciprocal imposition of impact mitigation requirements and regulations that effect
~9
improvements in both jurisdictions.
2.8 The CITY and COUNTY wish to establish a generalized, framework interlocal agreement to
implement urban development standards within the Urban Growth Area prior to annexation, for
the planning and funding of capital facilities in the unincorporated portion of urban growth areas,
and to enable consistent responses to future annexations.
2.9 The CITY and COUNTY share a commitment to ensure that infrastructure will be in place
within the urban growth area to serve new development as it is ready for occupancy and use
without decreasing service levels below locally established minimum standards and which is
within funding capacities of the City and County; and
2.10 The CITY and COUNTY agree that RCW 36.70A.110 provides a process for designating
urban growth boundaries that begins with each county consulting with the city on its respective urban growth area, in recognition of the role that cities serve in providing public facilities and
services for urban growth.
2.11 The CITY and COUNTY also recognize that this framework agreement will include general
statements of principle and policy for additional agreements on specific topical subjects relating
to annexation and service transition, including, but not limited to streets, surface water, parks
and open space.
APPLICABILITY, ADDENDA AND AMENDMENTS
3.1 Applicability. This agreement shall apply to all annexations for which the CITY files a Notice
of Intent (NOI) to the Boundary Review Board (BRB) after the effective date of this agreement.
3.2 Addendum for annexation. An addendum to this agreement shall be prepared for each
annexation if necessary to address parks, transportation surface water management, facilities,
or other issues. The CITY and COUNTY will negotiate the addendum during the forty-five day
review period following the date the BRB accepts the CITY'S NOI for the annexation. If the CITY
and COUNTY are unable to reach agreement during this period, the COUNTY may request that
the BRB invoke jurisdiction and hold a public hearing on the proposed annexation. Even if the
COUNTY requested the BRB invoke jurisdiction, the CITY and COUNTY, may by mutual
agreement, continue to negotiate an annexation addendum to this agreement. The addendum
will become effective on the effective date of the CITY ordinance approving the annexation.
3.3 Amendments. The CITY and COUNTY recognize that amendments to this agreement other
than those described in section 3.2 above may be necessary to clarify particular sections or to
update and expand the agreement. These amendments may be pursued as necessary by both
parties.
3.4 Process for addending or amending this agreement. An addendum or amendment must be
mutually agreed by the parties and executed in writing before becoming effective. Any
addendum or amendment-to the agreement shall be executed in the same manner as provided
by law for the execution of fhe agreement. 4. LAND USE
4.1. Comprehensive Plan and Urban density requirements. The CITY's GMA Comprehensive
10
Plan establishes land use designations within the MUGA, including unincorpora#ed areas of the
MUGA_ These designations provide residents and the COUNTY notice of the CITY's intentions
with respect to land uses for the area and requires a minimum residential density of four (4)
dwelling units per net acre in the MUGA. The COUNTY will continue to work with the CITY to
reconcile land use designations within the unincorporated MUGA to ensure consistency with the
CITY's Comprehensive Plan, Comprehensive Water Plan and Comprehensive Sewer Plan and
Rural Utility Service Area (RUSA) Plan.
4.2. Pre-zoning. The City agrees to pre-zone a proposed annexation area at the time it accepts
the sixty-percent petition to annex, by any method authorized by RCW Chapter 35A.14. The
CITY will provide adequate notice of the zoning hearings to affected property owners and the
COUNTY.
4.3 City urban design and development standards. All County development applications subject
to SEPA within the MUGA will be reviewed under the terms of the Interlocal Agreement
Between Snohomish County and the City of Marysville on Reciprocal Mitigation of
Transportation Impacts, the provisions of SEPA, and any other interlocal agreements relating to
interjurisdictional coordination. Any County development within the MUGA may also be required
to provide improvements, dedicate or deed right-of-way, and meet road standards consistent
with minimum unincorporated UGA infrastructure standards identified in Exhibit 2, when
adopted by the COUNTY. When the development is contingent upon extension of sewer or
water services provided by the CITY, the COUNTY agrees to impose conditions negotiated
between the developer and the CITY as a condition of a sewer and water contract between the
property owner or developer and CITY, provided that the conditions meet minimum county
development standards and mitigation conditions. The CITY agrees that the COUNTY can only
impose standards and conditions in addition to those which the COUNTY would impose under
COUNTY codes if the applicant agrees in writing or in the utility service agreement.
4.4 Urban Growth Area. The COUNTY agrees to consult with the CITY on any proposals to
amend the MUGA, which are contingent upon service provision by the CITY and wfiich will
ultimately be within the CITY. The COUNTY agrees to work cooperatively with the CITY to
establish a priority system for evaluating UGA amendment requests within the MUGA and which
are consistent with buildable lands requirements of the Growth Management Act (RCW
36_70A.215) and the monitoring guidelines established by Snohomish County Tomorrow as
adopted by the COUNTY in its General Policy Plan. The priority system will be based on
availability of public facilities and services wilhin the existing UGA.
4.5 Endangered Species Act compliance. The COUNTY and CITY agree to work towards one or
more interlocal agreements to achieve recovery of any federally listed threatened or
endangered species. These agreements may include, but are not limited to, land use planning,
development regulations, code enforcement, capital projects, public involvement and education,
facilities operations and maintenance and scientfic inventory and monitoring.
5. TRANSFER OF PERMITS IN PROCESS BY THE COUNTY
5.1 County will process permits within four months of annexation. The COUNTY agrees to
continue processing both building and major development permit applications in an annexed
area for which complete applications were filed before the effective date of annexation, as
provided below.
it
5.2 C'rty will adopt County Code. The CITY agrees to adopt the COUNTY'S permitting code by
reference. The relevant code is listed as Exhibit 3 to this agreement.
5.3 Building permits issued within four months of annexation. In areas that have been annexed,
the COUNTY shall continue to process through completion building permits under COUNTY
code and permit requirements for which it received a complete permit application prior to the
effective date of the annexation. In addition, the COUNTY shall accept, process, and conduct
inspections for any associated permits for which rt receives an application through completion..
For the purposes of this agreement, "associated permits" means mechanical, plumbing, and
sign permits for the building being permitted. For the purposes of this agreement, "completion"
means final administrative or quasi-judicial approvals, including final inspection and issuance of
an occupancy permit. The COUNTY shall be responsible for defending any administrative,
quasi Judicial or judicial appeals of building permits issued by the COUNTY in the annexed area.
(Building permits under 5.3) For permit renewals, see Section 5.6.
5.4 Building permit applications not issued within four months after annexation. In areas that
have been annexed, the COUNTY shall continue to process permit applications (exclusive of '
major development permits as defined in Section 5.5) under the COUNTY code and permit
application requirements for which it received a complete permit application prior to the effective
date of the annexation, for up to four months following the effective date of the annexation. Four
(4) months following the effective date of the annexation, permit application processing
responsibility will be transferred to the CITY rf a permit was not issued. Alternatively, the CITY
may also request the COUNTY to transfer pending building permit applications upon receipt of a
written request by the permit applicant. The COUNTY will contact applicants for pending permit
applications to provide advance notification of the transfer date. The CITY will honor any
intermediate approvals (such as building plan check approval) +ruhich are effective prior to
transfer of the permit application. Extension of intermediate approvals following the annexation
must be approved by the CITY following consultation with County staff.
5.5 Major development permits. In areas that have been annexed, the COUNTY shall continue
to process to completion any major development permits for which it received a complete permit
application prior to the effective date of an annexation. Major development permits are defined
as: non- single family building permits for structures greater than 4,000 square feet in size,
subdivisions, Planned Residential Developments, short subdivisions, conditional uses, special
uses, rezones, shoreline substantial development permits and variances. Processing to
completion shall be to the end of a review process that was commenced by the county prior to
the date of the annexation. The term "review process" is defined as follows for a subdivision:
preliminary plat approval, plat construction plan approval, inspection and final plat processing.
Final plats shall be transmitted to the CITY for City Council acceptance of dedication of right-of-
way or other public easements, if dedication occurs after the effective date of annexation. . The
COUNTY shall be responsible for defending any administrative, quasi-judicial or judicial appeals
of major development permits issued by the COUNTY in the annexed area. (Building permits
under 5.3)
5.6 Permit renewal or extension. Any request to renew a building permit or to renew or extend a
major development permit issued by the COUNTY prior to the effective date of the annexation
which is received after the effective date of the annexation shall be made to and administered
by the CITY. 5.7 Land use code enforcement cases. Any land use code enforcement cases in the annexation
12
area pending in the COUNTY will be transferred to the CITY on the effective date of the
annexation. Any further action in those cases will be the responsibility of the CITY. The
COUNTY agrees to make its employees available as witnesses at no cost to the CITY if
necessary to prosecute transferred cases.
5.8 Enforcement of County conditions. Following the effective date of annexation, the CITY
. agrees to enforce any conditions imposed by the COUNTY relating to the issuance of a building
or major development permit in an area which has been annexed. Any performance or other bonds held by the COUNTY to guarantee performance or completion of work associated with
the issuance of a permit shall be transferred to the CITY along with responsibility for
enforcement of condition tied to said bonds. The COUNTY agrees to make its employees
available to provide assistance in areas involving enforcement of conditions on permits originally
processed by County personnel, at no cost to the CITY.
5.9 Quarterly permit report. Fifteen days following the end of each calendar quarter, the
COUNTY shall provide the CITY a report listing the file numbers and addresses of all major
development permits,, code enforcement cases and building permits inside the CITY limits that -
were pending during the previous quarter. . 5.10 Proportionate share of application fees. The CITY and COUNTY shall proportionately
share the permit application fees for any transferred cases. The COUNTY shall transfer a
proportionate shareof the application fee collected to the CITY, commensurate with the amount
of work left to be completed on the permit. The City may also request transfer for permit
responsibility upon receipt of a written request by the permit applicant.
6. RECORDS TRANSFER
6.1 Transfer or copying of records. The City Clerk or designee, at his or her discretion, shall
either take custody of or copy relevant COUNTY records prior to and following annexation.
COUNTY records to be transferred or copied will include, but are not limited to, records from
The Departments of Public Works and Planning and Development Services, including all permit
records and files, inspections reports and approved plans, approved zoning files, code
enforcement files, fire inspection records, easements, plats, data bases for land use, drainage,
street lights, streets, regulatory and animal license records, and any available data on the
location, size and condition of utilities, and other items identified during the transfer process.
Transfer of COUNTY records will be subject to an interlocal agreement between the CITY and
the COUNTY relating to records retention and standards.
6.2 Costs. The CITY will reimburse the COUNTY for the costs of any COUNTY materials
necessary for duplication or transfer, including microfilming. The CITY may arrange for off-site
duplication of records under appropriate safeguards for the protections of records as approved
by the COUNTY.
6.3 Custody and documentation. The transfer of any original COUNTY records to the permanent
custody of the City Clerk will be fully documented by itemized receipts signed by both the
original County custodian of the records and the City Clerk. The CITY agrees to maintain these
records as any other CITY records of the same type in accordance with all legal records
management requirements. 13
7. ROADS
7.1 Ownership and Maintenance. Except for noncontiguous municipal purpose annexations, the
CITY will propose annexation of the entire right-of-way of COUNTY roads adjacent to an
annexation boundary and will assume full ownership and maintenance responsibility for those
roads upon the effective date of annexation.
7.2 Uncommitted proportionate share mitigation payments. The COUNTY collects proportionate
share mitigation payments (impact fees and road related State Environmental Policy Act (SEPA)
capacity mitigation payments) as a condition of land development permit approval pursuant to
SCC Title 26B. Proportionate share mitigation payments collected by the COUNTY from
developments within an annexation area shall be transferred to the CITY subject to the following
criteria:
a) Transfers shall include payments collected by the COUNTY in accordance with the
formula identified below and payment obligations imposed by the COUNTY but not yet
paid,
b) Transfers shall only include payments that have been collected within the four year
period prior to the annexation date to ensure compliance with the expenditure time
limitations of RCW 82.02.020 and RCW 82.02.070,
c) Transfers shall not include payments expended or budgeted by the COUNTY as of
the effective date of an annexation, and
d) Transfers shall occur within ninety (90) days following either the effective date of an
annexation or the date of payment receipt, whichever occurs later.
The COUNTY shall provide documentation to the CITY of such mitigation funds by defining the
time periods and conditions for expenditure of the funds under the requirements of RCW
82.02.020 and RCW 82.02.070, and will assist the CITY in auditing mitigation payment records.
The CITY acknowledges that mitigation funds must be spent or refunded in accordance with
state law. The CITY shall assume all responsibility and liability for reimbursement of any
mitigation amounts transferred to the CITY, with any required interest, if the funds are not
expended or encumbered within the time required by law. The amount of such mitigation funds
transferred shall be determined at the time of annexation by the following formula:
RA =(EC1 = EC2) x MP, where:
RA = The amount of mitigation funds to be transferred to the CITY, EC1 = Estimated Costs of Improvements to Annexed Roads in the Impact Fee Cost Basis,
EC2 = Estimated Costs of Improvements to AII Roads in the Impact Fee Cost Basis for
Transportation Service Area A, and
MP = The Total of Uncommitted Capacity Mitigation Payments Collected from developments
within the annexation area within Transportation Service Area A within the Past 4 Years
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Estimated Costs will be based on amounts contained in the Snohomish County Transportation
Needs Report and its technical appendices, as now existing or hereafter amended, which
determine the impact fee cost basis for proportionate share mitigation payments made pursuant
to COUNTY code.
7.3 Reciprocal impact mitigation. The CITY and COUNTY agree to mutually enforce each others
traffic mitigation ordinances and policies to address multi-jurisdictional impacts under the terms
and conditions as provided for in the "Interlocal Agreement Between Snohomish County and the
City of Marysville on Reciprocal Mitigation of Transportation Impacts" will be adopted at or near
the time of this AGREEMENT.
7.4 Recovery of historical capital expenditures. The CITY recognizes the potential need to
reimburse the COUNTY for the depreciated value of the construction and property acquisition
costs of some capital road expenditures made in the five year period preceding the effective
date of this agreement on roads annexed into the CITY during the five year period following the
effective date of this agreement. These projects and a schedule of potential reimbursements by
calendar year are shown in Exhibit 4. After the effective date of this agreement, as a part of the
process of addendum for each annexation described in section 3.2 above, the CITY and
COUNTY will review the projects in Exhibit 4 to determine if any may be included in the
proposed annexation area. If so, the CITY and COUNTY will meet to decide what recovery
compensation, if any, the CITY will pay to the COUNTY for those projects on the effective date
of the annexation. Actual reimbursement amounts shall be negotiated between the CITY and
the COUNTY at the time of annexation. The agreement shall be included as part of the
annexation related addendum as provided in Section 3.2. Actual reimbursement amounts and
appropriate repayment schedules shall be negotiated between the CITY and the COUNTY at
the time of annexation. The parties recognize that the potential reimbursement amounts are not
mandated by the terms of this agreement and should be considered at the time of a specific
annexation along with any other factors relevant to adjustment of a reimbursement amount, if
any.
7.5 Consultation on capital expenditures for active and future projects. The COUNTY agrees to
consult with the CITY in planning for all new capital road construction projects within the MUGA.
The COUNTY and the CITY agree to begin consultation within sixty days of approval of this
agreement regarding existing active COUNTY projects. At the time of consultation, the parties
will discuss the need for shared responsibilities in implementing a project, including the potential
for indebtedness by bonding or loans. Any agreements related to shared responsibilities for
road projects within the MUGA shall be by separate interlocal agreement for the specific capital
road construction projects.
8. SURFACE WATER MANAGEMENT
8.1 Fees. The COUNTY collects fees for unincorporated areas that lie within County designated
Watershed Management Areas (WMAs). Watershed management fees are collected at the
beginning of each year through real property tax assessments. These fees are to be used within
the year in which they were collected. Upon the effective date of an annexation which occurs
within a County WMA, the CITY hereby agrees that the COUNTY will continue to apply the fees
collected pursuant to Chapter 25.20 SCC in providing watershed management services and
programmed improvements and maintenance through the end of the year in which an
annexation became effective. These services shall be the same as those provided to other fee
15
payers in the County, including drainage c4mplaint response.
8.2 Maintenance and Ownership responsibilities. If an annexed area includes drainage
improvements or facilities the COUNTY currently owns or maintains, the CITY and COUNTY
shall agree to the disposition of maintenance and ownership responsibilities by the end of the
year in which the annexation becomes effective. Exhibit 5 lists those facilities identified at this
time. The responsibilities resulting from such discussions shall be included as part of an
annexation- related addendum as provided in section 3.2 of this agreement.
If the COUNTY's current Annual Construction Program includes major drainage improvements
in the area to be annexed, the CITY and COUNTY shall agree how funding, construction, and
subsequent operational responsibilities will be assigned for these improvements, taking into
account the total WMA and source of funds, and historical improvement expenditures within the
WMA and area to be annexed.
8.3 Improvement responsibilities. The revenues for any surface water management activity
which were collected by the COUNTY from within the territory to be annexed to the CITY shall
be completely expended as Part of any surface water management activity for which the
revenues were designated in that year.
8.4 Local and Regional Services. The CITY and COUNTY recognize that watershed
management planning is ongoing and that all needed surface water improvements and solutions
have not been identified. The CITY and COUNTY intend to work towards one or more interlocal
agreements for joint watershed management planning, capital construction and other related
services. The CITY and COUNTY also agree to address regional service issues as a part of the
interlocal agreement. By June 15, 2000 the COUNTY and CITY agree to have developed a
framework for one or more interlocals to provide for storm and surface water services in the
Urban Growth Area as annexations occur. 9. PARK, OPEN SPACE AND RECREATIONAL FACILITIES
9.1 Ownership and maintenance. If an annexed area includes park, open space or recreational
facilities listed as a local or corrimunity park, the CITY shall assume maintenance, operation and
ownership responsibilities for this facility upon the effective date of the annexation unless, prior
to the annexation, the COUNTY declares its intention to retain ownership of the park. The
COUNTY, in consultation with the CITY, will make this decision based on the following criteria:
a) The park has a special historic, environmental, or cultural value associated with the
Snohomish County Department of Parks and Recreation and to the citizens of
Snohomish County;
b) There are efficiencies with the COUNTY's operation andlor maintenance of the park
property; .
c) The COUNTY has made a substantial capital investment in the park property
including the purchase of the property, the development of the park, and the construction
of facilities;
d) There are specialized stewardship or maintenance issues associated with the park
b 16
that the COUNTY is best equipped to address;
e) The property generates revenue that is part of the larger parlc operation budget; and
fl The facility serves as a regional park and would be better included in the COUNTY'S
regional network..
Any agreed partnership or division of responsibility shall be documented in an
amendment to this interlocal agreement within the forty-five (45) day review period
following the CITY's NOI to the BRB, as described in seciion 3.2 above.
9.2 Uncommitted park mitigation payments. Funds for park mitigation payments and park or
open space related SEPA mitigation payments received by the COUNTY as a condition of land
development permit approval pursuant to SCC Title 26A collected by the COUNTY from
property within the annexation area which, as of the effective date of an annexation, are
committed to local or community parks or unbudgeted, will be transferred to the CITY.
9.3 Calculation of fund amounts. The amount of park mitigation funds transferred shall be equal
to those funds collected in the annexation area, minus those funds committed to regional parks.
The COUNTY will provide to the CITY documentation of such mitigation funds by defining the
time periods for expenditure of the funds under RCW 82.02.020 and will assist the CITY in
auditing mitigation payment records.
9.4 Joint planning for parks, recreation and open space. The CITY and COUNTY shall, upon the
effective date of this Agreement, establish an interlocal agreement for parks, open space and
recreational facilities. This agreement shall be based upon the CITY and COUNTY's efforts to
provide parks, recreational and open space within the MUGA and surrounding area. This
agreement shall establish the nature and type of facilities the jurisdictions have planned or
anticipate for the area, identify ways to jointly provide these services and identify transition of
ownership and maintenance responsibilities as annexations occur. This effort will result in a
mutual ongoing planning effort, joint capital improvement plans and reciprocal impact mitigation.
10. POLICE SERVICES
10.1 Transfer of police services. As necessary, the CITY and COUNTY shall discuss the needs
for contracting or transfer of police services within the annexed areas and unincorporated UGA.
Agreements between the CITY and COUNTY shall be consistent with RCW 41.14.250 through
41.14.280 and RCW 35.13.360 through 35.13.400. The County SherifFs Department, upon
request by the CITY, shall provide detailed service and cost information for the area to be
annexed.
10.2 Form of agreement. Any agreements on transfer of police services will be documented as
part of an annexation- related amendment to this interlocal agreement.
11. ANNEXATION SUPPORT When the COUNTY finds that a proposed annexation is consistent with this Agreement, the
County legislative authority will not oppose the annexation, and will send a letter to the
Boundary Review Board in support of annexations within the MUGA that are processed during •
17
the term of this agreernent.
12. DISPUTE RESOLUTION
The CITY and COUNTY mutually agree to use a formal dispute 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.• The CITY and COUNTY
agree to mediate any disputes regarding the annexation process or responsibilities of the
parties prior to any Boundary Review Board hearing on a proposed annexation. The parties
shall use the mediation process in good faith to attempt to come to agreement early in the
annexation process, and prior to any hearings which may be required before the Boundary
Review Board.
13. RELATIONSHIP TO EXISTING LAWS AND STATUTES
This AGREEMENT in no way modifies or supersedes existing lavws and statutes. In meeting the
commitments encompassed in this AGREEMENT, all parties shall comply with the requirements
of the Open Meetings Act, Growth Management Act, State Environmental Policy Act,
Annexation Statutes and all other applicable federal, state or local law. The ultimate authority for
land use and development decisions is retained by the COUNTY and CITY within their
respective jurisdictions. By executing this AGREEMENT, the COUNTY and CITY do not purport
to abrogate the decision- making responsibility vested in them by law.
14. EFFECTIVE DATE, DURATION AND TERMINATION
14.1 This AGREEMENT shall become effective following the approval of the AGREEMENT by
the official action of the governing bodies of each of the parties hereto and the signing of the
AGREEMENT by the duly authorized representative of each of the parties hereto.
14_2 Each party may terminate its obligations under this AGREEMENT upon thirty (30) days
advance written notice to the other party. Any amendments and termination shall be in writing
and executed in the same manner as provided by law for the execution of this AGREEMENT.
15. INDEMNIFICATION AND LIABILITY
15.1 The CITY shall protect, save harmless, indemnify, and defend, at its own expense, the
COUNTY, its elected and appointed officials, officers, employees and agents, from any loss or
claim for damages of any nature whatsoever, arising out of the CITY'S performance of this
AGREEMENT, including claims by the CITY'S employees or third parties, except for those
damages solely caused by the negligence or willful misconduct of the COUNTY, its elected and
appointed officials, officers, employees or agents.
15.2 The COUNTY shall protect, save harmless, indemnify, and defend, at its own expense the
CITY, its elected and appointed officials, officers,employees and agents from any loss or claim
for damages of any nature whatsoever, arising out of the COUNTY'S performance of this
AGREEMENT, including claims by the COUNTY'S employees or third parties, except for those
damages solely caused by the negligence or willful misconduct of the CITY, its elected and
appointed officials, officers, employees or agents.
15.3 In the event of liability for damages of any nature whatsoever arising out of the
18
performance of this AGREEMENT by the CITY and the COUNTY, including claims by the
CITY'S or the COUNTY'S own officers, officials, employees, agents, volunteers, or third parties,
caused by or resulting from the concurrent negligence of the COUNTY and the CITY, their
officers, officials, employees and volunteers, each party's liability hereunder shall only be to the
extent of that party's negligence.
15.4 No liability shall be attached to the CITY or the COUNTY by reason of entering into this
AGREEMENT except as expressly provided herein. The CITY shall hold the COUNTY harmless
and defend at its expense any legal challenges to the CITY'S requested mitigation and/or any
failure by the CITY to comply with RCW 82.02.020 or RCW 82.02.070.
16. SEVERABILITY
Should any clause, phrase, sentence or paragraph of this AGREEMENT or its application be
declared invalid or void by a court of competent jurisdiction, the remaining provisions of this
AGREEMENT not so declared shall remain in full force and effect.
17. EXERCISE OF RIGHTS OR REMEDIES
Failure of either party to exercise any rights or remedies under this AGREEMENT shall not be a
waiver of any obligation by either party and shall not prevent either paRy from pursuing that right
at any future time_
18. RECORDS
Both parties shall maintain adequate record to document obligations perforrned under this
Agreement. Both parties shall have the right to review the other party's records with regard to
the subject matter of this AGREEMENT, upon reasonable notice. Such rights last for six(6)
years from the date of permit issuance for each specific development subject to this Agreement.
19. ENTIRE AGREEMENT
This AGREEMENT constitutes the entire agreement between the parties with respect to the
framework issues for annexations. It is anticipated that the parties will enter into further
interlocal agreements on specific subject areas, as indicated in the text of the agreement.
20. GOVERfVING LAW AND STIPULATION OF VENUE
This AGREEMENT shall be governed by the laws of the State of Washington. any action
hereunder must be brought in the Superior court of Washington for Snohomish County.
21. CONTACTS FOR AGREEI'uIENT
The contact persons for this AGREEMENT are:
Gloria Hirashima Denny Derickson
Planning Director Snohomish County 19
City of Marysville Department of Planning and Development Services
80 Columbia Avenue 3000 Rockefeller Ave.
Marysville, WA 98270 Everett, WA 98201
(360) 651-5100 (425) 388-3311
IN WITNESS WHEREOF, the parties have signed this AGREEMENT, effective on the later date
indicated below.
Dated this day of 19_
CITY OF MARYSVILLE SNOHOMISH COUNTY
BY: BY: David Weiser Robert J. Drewel
Mayor County Executive
Date: Date:
ATTEST: ATTEST:
Mary Swenson Kathryn Bratcher
City Clerk Clerk of the County Council
Approved as to form: Approved as to form:
Office of the City Attorney Snohomish County Prosecutor
Grant Weed Barbara J. Dykes
Attorney for the City of Qeputy Prosecuting Attorney for
Marysville Snohomish County
~ .
Ea
20
•~S-
Aluuiieipal Rcccerrrclr & Seniees Ce,rter of 111'fISI1fJIgtOIJ
Sample Only
City of Monroe Interiocal Agreement concerning annexation within the city's urban growth area
This agreement is made by and between the City of Monroe (hereinafter referred to as the City)
and Snohomish County (herein after referred to as the County), political subdivisions of the
State of Washington, pursuant to the Interlocal Cooperation Act, RCW 39.34.
WHEREAS, the City of Monroe's Growth Management Act (GMA) Comprehensive Plan has
identified an urban growth area (UGA) that identifies areas within unincorporated Snohomish
County which it may annex in the future which is consistent with the official UGA for Monroe
adopted by Snohomish County in compliance with the requirements of the Growth Management
Act (see Exhibit A); and
WHEREAS, the Growth Management Act encourages cities with urban services to annex
unincorporated urban areas within a County; and
WHEREAS, annexations proposed by the City of Monroe are pursued in accordance with RCW
35A.14 and intended to be consistent with RCW 36.93.180 and RCW 36.93.157: and
WHEREAS, the City of Monroe and Snohomish County recognize that there is a need to
facilitate the proper transition of services and capital projects from the County to the City at the
time of annexation; and
WHEREAS, the City of Monroe and Snohomish County recognize that mutual coordination of
land use densities and designations is necessary to reduce urban sprawl, support urban
infrastructure and protect rural areas within the County; and
WHEREAS, the City of Monroe and Snohomish County recognize that annexations can have
extrajurisdictional impacts and that intergovernmental cooperation is an effective manner
through which to deal with impacts and opportunities that transcend interjurisdictional
boundaries; and
WHEREAS, the City of Monroe and Snohomish County believe it is in the best interest of the
citizens of both jurisdictions to enable reciprocal imposition of impact mitigation requirements
and regulatory conditions that effect improvements in the respective jurisdictions; and
WHEREAS, the City of Monroe and Snohomish County desire to develop a generalized
21
interlocal agreement that will apply to all annexations proposed by the City of Monroe. Both
jurisdictions also recognize that for each annexation the interlocal agreement will be amended
to include the annexation area and also address any issues that are not addressed for that
particular annexation;
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the City
and County agree as follows:
Section 1. Applicability and Amendments to this Agreement
The City and the County agree that the contents of this interlocal agreement shall apply to
annexations initiated by the City within its identified growth planning area. See Exhibit A. It is
also agreed that for each annexation, this interlocal agreement shall be amended to include a
description of the annexation area. This annexation amendment should be signed by the City
and County prior to expiration of the County's 45-day annexation review period. However, if the
City and County can not come to agreement concerning any annexation related issues not
addressed by the subject interlocal agreement, the County may request a Boundary Review
Board hearing or else the City and County may continue to negotiate annexation amendment
language to this interlocal agreement. The annexation amendment to this interlocal agreement
shall become effective at the time an annexation is approved by the Boundary Review Board
(BRB) and the City has passed an ordinance officially approving annexation of the area.
Amendments to this interlocal agreement shall include the following:
• the annexation's name and boundary review board number;
• a map and legal description of the annexation area;
• the annexation method, resolution number and date of City acceptance of a 60% petition
or determination to pursue elections for the annexation area;
• the extent to which the interlocal agreement is applicable to the annexation area
(including whether or not the annexation area is within a watershed management area);
• annexation related amendments to the interlocal agreement. These related amendments
may include but are not be limited to the following: compensation or reimbursement
formulas for major capital improvements; agreements concerning the re-allocation of
population and employment from an annexation area; capital facilities and parks
maintenance and ownership agreements; and adoption of equivalent or consistent
ordinances to protect resource lands or the natural environment. Agreements for
reciprocal impact mitigation for transportation and for partcs and open space.
• the existing and intended service providers for the area (water, sewer, fire/ems, police)
including any transition agreements; and
• signatures by the City's mayor and County executive and effective date of the
annexatian amendment.
The City and County recognize that other amendments to this interlocal agreement may be
necessary to clarify the requirements of particular sections. or update the agreement. These
amendments may be pursued as necessary by both parties.
Section 2. Land Use a. Prezoning. The City agrees to pre-designate and pre-zone a proposed annexation area at the
time of accepting its 60% petition to annex (e.g. adoption of comparable zoning and land use
22
designations or formal adoption of zoning and comprehensive land use plan, or any other
method deemed acceptable pursuant to Chapter 35A. 14 RCW). These designations and
zoning shall give residents and the County an indication of the City's intentions with respect to
land uses for the area. If the City intends to reassess the appropriateness of these land use
designations and zoning within one year following the annexation, the City agrees to 'notify the
residents in the annexation area and the County of this intent prior to annexation.
b. Minimum urban densities. The City agrees to adopt and maintain land use designations for
annexation areas that will not create permanent (non-plattable) low density residential areas (of
less than a net average density of four (4) dwelling units per acre) unless such areas are part of
Washington State Department of Transportation Right-of-Way, an open space separator, park,
or a critical area.
c. Comparable densities. The City's land use designations are more dense than the County's.
However, in the future if.the City proposes changes which reduce density or intensity of land
use, the City agrees to accommodate any losses in County population, employment and fair
share housing allocations which have bean assumed for the annexation area within the City or
else in other unincorporated areas which the City intends to annex. The area in which and/or
methods by which the City intends to accommodate these losses will be specified by the City as
part of the annexation amendment to this interlocal agreement.
d. Design Standards. The County shall refer all land use platting applications to the City for
processing in an annexation area if the date of the application is on or after the effective date of
the annexation. Upon the effective date of this agreement, the County shall consult with the City
on all platting applications inside the urban growth area (UGA). The County, to the extent
practicable, requires new developments to conform to City design standards, recognizing that it
will be within the City eventually.
Section 3. Transfer of Building Permit Applications and Development Permits in Process
by the County
The County shall refer applicants to the City for processing any building and development
permit applications in an annexation area on or after the effective date of the annexation. The
County also agrees to continue processing permit applications filed before the effective date of
an annexation through the calendar year in which the annexation has become effective, as
provided below. This agreement is contingent upon the City's adoption of legislative measures
listed in Exhibit C to this agreement.
a. Building Permits. As the agent of the City, the County shall continue to process under County
codes and building permit requirements to completion any building permits for which it received
afully complete permit application and accompanying fee p(ior to the effective date of the
annexation. In addition, the County shall accept, process, issue, and inspect any associated
permits for which it receives an application and accompanying fees through December 31 of the
year in which an annexation was effective. At the end of that year, associated permit responsibility will be transferred to the City. Associated permits shall be defined as mechanical,
plumbing, and access related to those projects being processed by the County. Completion
shall mean final administrative approvals except in the case of action required by the legislative
body, in which case the City legislative body shall give final legislative approval.
Except as provided below for permit renewals, in the case of building permits issued prior to the
23
date of an annexation, the applications and permits shall be processed through final inspection
and/or issuance of an occupancy permit by the County. Performance and maintenance bonds
and insurance releases received by the County prior to the effective date of the annexation shall
be assigned to the City on a case by case basis. The final inspection for building permits shall
be a joint CitylCounty inspection with the City in attendance for information purposes only.
b. Discretionary Permits. As the agent of the City, the County shall continue to process to
completion any development permits for which it received a fully complete permit application
and accompanying fee prior to the effective date of an annexation. Completion shall mean final
administrative or quasijudicial approvals except in the case of action required by the legislative
body, except for appeals, in which case the City legislative body shall give final legislative
approval.
c. Permit renewal. Any request for renewal of a perrnit issued by the County prior to the effective
date of an annexation which is received after the annexation date shall be made to and
administered by the City.
d. Code Enforcement. Code enforcement cases will be turned over to the City on the effective
date of an annexation, and code enforcement activities after the effective date will be completed
and/or initiated by the City. The County will make its employees available as witnesses in code
enforcement actions (civil or criminal) at no additional cost.
e. Enforcement of Conditions imposed by the County on land use and• development permits.
The City agrees to enforce any conditions imposed upon the issuance of land use and
development permits within an annexation area by the County. The County will make its
employees available to provide assistance in enforcement action on cases originally prepared
by County personnel. The County will provide the City with the opportunity to review and
comment on all development permit applications within the City's growth planning area (see
Exhibit A) which are subject to a public notice provision. The City will respond to County
development permit review requests in a timely manner.
f. Year-end review. Prior to December 1st of any year in which an annexation has become
effective, the City and County shall discuss the status of all the permits in an annexation area
remaining under review by the County and determine whether or not responsibility for continued
processing should be transferred to the City. Any change in permit processing responsibility
shall be provided by written agreement, acceptable to both parties, amending the annexation
amendment section.
g. Quarterly Permit Report. For all areas within the City"s growth planning area (see Exhibit A),
the County shall endeavor to provide to the City at the end of each quarter, a report which lists
the file numbers and addresses of all discretionary permits, code enforcement cases, and
building permits under review as issued in the preceding month, beginning one year after this
agreement is signed.
Section 4. Records Transfer
The City staff will copy necessary County records prior to and following annexation as necessary. County records to be copied will include, but not be limited to: records from Public .
Works and Planning and Development Services, including all original permit records and files,
inspection reports and approved plans, approved zoning files, code enforcement files, fire
24
inspection records, bonds, easements, plats, utility data bases for land use, drainage, street
lights and streets, regulatory and animal license records, and other items identified during the
transfer process. The City will reimburse the County for the costs of any county materials
necessary for duplication or iransfer, including microfilming. The City may arrange for off-site
duplication-of records under appropriate safeguards for the protection of records as approved by
the County.
Section S. Roads
a. Maintenance and Ownership responsibilities. The City will annex the entire right-of-way of
County roads adjacent to an annexation boundary and will assume full maintenance
responsibility for those roads upon the effective date of the annexation.
b. Unbudgeted mitigation payments. Funds for road mitigation payments and road related SEPA
mitigation payments received by the County from property within an annexation area which
remain unbudgeted or unexpended as of the effective date of the annexation will be transferred
to the City within 90 days following the effective date of the annexation.
Any such mitigation payments which were imposed by the County within an annexation area
prior to an annexation but which remain unpaid on the effective date of the annexation shall be
transferred to the City within 90 days of receipt by the County.
The amount of road mitigation funds transferred shall be equal to the proportion of annexed
roads measured against all roads listed within the Transportation Service Area Road Needs
Report. Mitigation funds must have been imposed for impacts on annexed roads which are
listed in the Road Needs Report to be considered for transfer. The County will provide
documentation of such mitigation funds by defining the time periods for expenditure of the funds
under the requirements of RCW 82.02.020 and will assist the City in auditing mitigation payment
reco rds.
c. Reciprocal impact mitigation. The City and County agree to pursue a separate interlocal
agreement for reciprocal road impact mitigation between the City and County. Within one
hundred and eighty (180) days of the date of execution of this agreement, the parties shall
produce a draft of a reciprocal impact mitigation interlocal agreement to be executed as soon as
possible thereafter.
d. Compensation for capital road construction projects. The City recognizes the need to
reimburse the County for certain expenditures on capital road construction projects, including
overlays, at the time the roads are annexed into the City, and tfie County recognizes that a
certain portion of these roads will still be used by unincorporated County residents. If the City
annexes territory encompassing all or a portion of a County capital road construction project
(except for overlay projects completed prior to the date of this document), the City agrees to
reimburse the County for County road fund costs incurred by the County in implementing the
projects listed in Exhibit D, including assumption of debt incurred by the County for the road
construction project.
Actual reimbursement amounts and timing of payments shall be negotiated between the City
and County at the time of annexation. The agreement shall be included as part of the
annexation related amendment. Exhibit D lists the County capital road construction projects
including overlays, that have been completed within five years prior to the effective date of this
25
agreement. Exhibit D will be updated as necessary as part of the annexation related
amendment. These projects are to be included within the reimbursement mentioned in this
section. Reimbursement shall not include routine maintenance expenditures. A project listed on
Exhibit D shall be automatically removed from the list at the end of the fifth budget year
following final acceptance of the project.
The County also agrees to consult with the City in planning for new capital road construction
projects within the City's growth planning area, a map of which is attached as Exhibit A. At the
time of consulting with the City, both parties will discuss the need for shared responsibilities in
implementing a project, including the potential for indebtedness by bonding or loans. Any
agreements related to shared responsibilities for road projects within the City's planning growth
area shall be added as amen3dments to exhibit D of this interlocal agreement.
Section 6. SurFace Water Management (only when annexation within a County Watershed
Management Area)
a. Fees and service responsibilities. The City recognizes that fees are collected by Snohomish
County for unincorporated areas within designated Watershed iVlanagement Areas (WMAs);
(see map, Exhibit B). Upon the annexation of the property within a County WMA, the City
hereby agrees that the County will continue to apply the fees collected during the calendar year
in which the annexation occurs to the provision of watershed management services designated
in that year's budget. These services will be provided through the year of annexation and will be
of the same general level and qualities as those provided to other fee payers in the County.
b. Maintenance and Ownership responsibilities. If an annexed area includes drainage
improvements or facilities the County currently owns or maintains, the City and County shall
agree to the disposition of maintenance and ownership responsibilities within 15 months of the
effective date of an annexation. Exhibit E lists those facilities identified at this time. The
responsibilities resulting from such discussions shall be included as part of an annexation
related amendment to this agreement. If the County's current Annual Construction Program
includes major drainage improvements in the area to be annexed, the City and the County shall
discusshow funding, construction, and subsequent operational responsibilities will be assigned
for these improvements.
c. Improvement responsibilities. Any interlocal agreements between the City and County for
surface water management activities within an annexation area at any time after the conclusion
of the calendar year in which the annexation became effective shall be adjusted to reflect the
changed percentages of the City's territory with the Watershed Management Area upon the
effective date of an annexation.
d. Watershed planning. The County and the City recognize that watershed management
planning is ongoing and that all needed surface water improvements and solutions have not
been identified. The County and City intend to work towards one or more interlocal agreements •
for joint watershed management planning, capital construction and other related services.
Section 7. Parks, Open Space and Recreational Facilities
a. Maintenance and Ownership responsibilities. If an annexed area includes park, open space
or recreational facilities listed in Exhibit E, the City and CoUnty shall agree to the maintenance,
operation and ownership responsibilities within 24 months of the effective date of an annexation.
26
The responsibilities resulting from such discussions shall be included as part of an annexation
related amendment to this agreement.
b. Unbudgeted mitigation payments. Funds for park mitigation payments and park/open space
related SEPA mitigation payments received by the County from property within an annexation
area which remain unbudgeted, unencumbered or unexpended as of the effective date of an
annexation will be transferred to the City, as appropriate, upon resolution of the maintenance
and ownership responsibilities.
Any such mitigation payments which were imposed by the County within an annexation area
prior to an annexation but which remain unpaid on the effective date of the annexation shall be
transferred to the City, as appropriate, upon resolution of the maintenance and ownership
responsibilities.
The amount of park mitigation funds transferred shall be equal to those funds collected within
the annexation area which are attributable to local parks only. Mitigation funds must have been
imposed for impacts on parks which are listed in the Snohomish Countywide Comprehensive
Park and Recreation Plan to be considered for transfer. The County will provide documentation
of such mitigation funds by defining the periods for expenditure of the funds under the
requirements of RCW 82.02.020 and will assist the City in auditing mitigation payment records.
c. Reciprocal impact mitigation. The City and County agree to discuss reciprocal park impact
mitigation between the City and County and to pursue a separate interlocal agreement for
reciprocal park impact mitigation between the City and the County. Within 180 days of the date
of execution of this agreement, the parties shall produce a draft of a reciprocal impact mitigation
interlocal agreement to be executed as soon as possible thereafter. These discussions and
thisagreement shall consider recommendations of the Snohomish Countywide Comprehensive
Park and Recreation Plan and the City's Parks and Recreation Open Space Plan
Section 8. Police Services
Transferring of Police Service. As necessary, the City and County shall discuss the needs for
contracting or transfer of police services within an annexation area. Agreements between the
City and County shall be made consistent with RCW 41.14.250 through 41.14.280 and RCW
35.13.360 through 35.13.400.
The decisions and responsibilities resulting from such discussions shall be included as part of
an annexation related amendment to this agreement.
Section 9. Honoring existing agreements, standards and studies
The City and County mutually agree to honor all existing mitigation agreements, interlocal
agreements, appropriate interjurisdictional studies and agreed upon standards affecting an
annexation area to which the City or County is a party.
Section 10. Relationship to Existing laws and statutes '
This agreement in no way modifies or supersedes existing State laws and statutes. In meeting
the commitments encompassed in this agreement, all parties will comply with the requirements
of the Open Meetings Act, State Environmental Policy Act, Annexation Statutes and other
27
applicable State or local law. The ultimate authority for land use and development decisions is
retained by the County and City within their respective jurisdictions. By executing this
agreement, the County and City do not purport to abrogate the decision making responsibility
vested in them by law.
Section 11. Hold Harmless
The City shall protect, save harmless and indemnify at its own expense, the County, its elected
and appointed officials, officers, employees and agents, from any loss or claim for damages of
any nature whatsoever arising out of the City's performance of this agreement. The County shall
protect, save harmless and indemnify at its own expense, the City, its elected and appointed
officials, officers, employees and agents from any loss or claim for damages of any nature
whatsoever arising out of the County's performance of this agreement.
Section 12. Dispute Resolution The City and County mutually agree to use a formal dispute resolution process such as
mediation if agreement cannot be reached on any provision of this agreement.
Section 13. Effective date, Duration and Termination
This agreement shall be effective five (5) days after passage by the Snohomish County Council
and the City Council of the City of Monroe and shall remain in full force and effect until
terminated by both the County and City. Any amendments and termination shall be in writing
and executed in the same manner as provided by law for the execution of this agreement.
Section 14. Severability
If any provision of this ordinance or its application to any person or circumstance is held invalid,
the remainder of the provisions and/or the application of the provisions to other persons or
circumstances shall not be affected.
Afunicipnl Researcli $ SertiicKC Ceitler of {3'ushingtnn
_ Not an official copy.
Approved April 2003
Interlocal Agreement Between the City of Snohomish and Snohomish County
Concerning Annexation and Urban Development Within the Snohomish Urban Growth
Area ,
28
GENERAL RECITALS
1. PARTIES
This interlocal agreement (hereinafter "AGREEMENT") is made by and between the City of
Snohomish (hereinafter referred to as the "CITY") and Snohomish County (hereinafter referred
to as the "COUNTY"), political subdivisions of the State of Washington, pursuant to Chapter
36.70A RCW (the Growth Management Act), Chapter 36.115 RCW (the Governmental Services
Act), and Chapter 39.34 RCW (the Interlocal Cooperation Act).
2. PURPOSE AND RECITALS
2.1 The purpose of this AGREEMENT is to facilitate an orderly transition of services and
responsibility for capital projects from the COUNTY to the CITY at the time of annexation.
2,2 This AGREEMENT applies to all annexations that are approved after the effective date of
this AGREEMENT.
2_3 The City of Snohomish and Snohomish County jointly completed the GMA Comprehensive
Plan Snohomish Subarea Plan for the Unincorporated Urban Growth Area identifying the
CITY'S UGA (hereinafter "Snohomish UGA") that the CITY may annex in the future (Exhibit A).
2.4 The CITY and COUNTY recognize that this framework AGREEMENT includes general
statements of principle and policy, and that addenda to existing interlocal agreements or
government service agreements or additional agreements on specific topical subjects relating to
annexation and service transition may be developed subsequently. Separate interlocal or
government service agreements on specific annexation issues will supersede the specific
language in this AGREEMENT only for that specific issue. Potential topics for additional
agreements include: roads and traffic impact mitigation; surfacs water management; parlcs,
recreation and open space; police services; and fire marshal services.
2.5 If the COUNTY legislative authority finds that a proposed annexation is consistent with this
AGREEMENT and that preparation of an addendum pursuant to Section 13 of this Agreement is
completed or not necessary, the COUNTY will not oppose the annexation and will send a letter
to the Boundary Review Board in support of annexations within the noncontested portions of the
Snohomish UGA during the term of this AGREEMENT.
2.6 The CITY and COUNTY wish to establish a generalized, framework interlocal agreement to
implement urban development standards within the uncontested portions of the Snohomish
UGA prior to annexation, for the planning and funding of capital facilities in the unincorporated
portion of the uncontested UGA, and to enable consistent responses to future annexations.
2.7 The CITY and COUNTY share a commitment to ensure that infrastructure will be in place
within the UGA to serve development as it is ready for occupancy and use without decreasing
service levels below locally established minimum standards and which is within funding
capacities of the CITY and COUNTY.
2.8 The CITY and COUNTY believe it is in the best interest of the citizens of both jurisdictions to
enable reciprocal imposition of impact mitigation requirements and regulatory conditions that
affect improvements in the respective jurisdictions. Separate interlocal agreements on traffic
29
impact mitigation and reciprocal park mitigation may be negotiated after the effective date of this
agreement.
2.9 The CITY agrees to assume all responsibility and liability for reimbursement of any
mitigation amounts for roads or parlcs transferred to the CITY, with any required interest, if the
funds are not expended or encumbered within the time required by law.
2.10 The CITY and COUNTY recagnize the need for joint planning to establish the local and
regional facilities the jurisdictions have planned or anticipate for the area, identify ways to jointly
provide these services and identify transition of ownership and maintenance responsibil'rties as
annexations occur. This may result in a mutual ongoing planning effort, joint capital
improvement plans and reciprocal impact mitigation. Joint planning issues could include
planning, design, funding ROW acquisition, construction, and engineering for road projects;
regional transportation plans and infrastructure coordination; watershed management planning,
capital construction and related services; parlcs, recreation and open space.
2.11 The CITY agrees to adopt the COUNTY's codes listed in Exhibit B by reference for the
purpose of allowing the COUNTY to process and complete permits and fire inspections in
annexed areas. Adoption of the COUNTY's codes in no way effects projects applied for under
the CITY's jurisdiction.
ANNEXATION RELATED ISSUES
3. GMA AND LAND USE
Purpose: To ensure land use requirements under GMA and the COUNTY's land use codes are
met.
3.1 Urban densitv reQUirements. Except as may be otherwise allowed by law, the CITY agrees
to adopt and maintain land use designations and zones for the annexation areas that will
accommodate within its jurisdiction the population and employment allocation assigned by
Snohomish County under GMA for the subject area.
3.2 Imposition of City Standards. The COUNTY agrees to encourage development applicants
within the Snohomish UGA to design projects consistent with the CITY's urban design and
development standards. The CITY agrees to make written recommendations to the COUNTY on "
how proposed new land use permit applications could be changed to make them consistent with
CITY standards. When approval of the development is contingent upon extension of sewer or
water services provided by the CITY, the COUNTY agrees to impose conditions voluntarily
negotiated between the developer and the CITY as a condition of a sewer and water contract
between the property owner or developer and the CITY, provided that the conditions meet
minimum COUNTY development standards and mitigation conditions. The CITY agrees that the
COUNTY can only impose standards and conditions in addition to those that the COUNTY
would impose under COUNTY codes, if the applicant agrees in writing.
3.3 Zoning and Land Use Designation Consistency. The COUNTY agrees to coordinate with the
CITY on any proposals to amend the CITY'S or the COUNTY's GMA Comprehensive Plans and
any rezone proposals within the CITY's unincorporated urban growth area in order to determine
consistency with the jointly adopted Snohomish Subarea Plan (July 1998).
30
3.4 SEPA afficial. The Snohomish County Responsible Official shall take note of this interiocal
agreement by inserting the following language into all SEPA threshold determinations for
proposals within the area covered by this interlocal agreement: "The subject proposal is located
within the boundaries of an area subject to an interlocal agreement between Snohomish County
and ihe City of Snohomish." 4. TRANSFER OF PERMITS IN PROCESS BY THE COUNTY
Pumose: To guarantee continuity for permit applicants by the COUNTY and CITY working
together to set a process for transfer of permits at an appropriate stage of a permit review
process and/or when the CITY is able to handle the additional worlcload.
4.1 Land use permit application consultation. After the effective date of this AGREEMENT, the
COUNTY agrees to give the CITY timely written notice and review opportunity related to all land
use permit applications inside the Snohomish UGA, as defined in Section 4.5.1 below, as soon
as the COUNTY is aware of such applications. The COUNTY will invite the staff representatives
from the CITY to attend staff meetings with the applicant relating to the permit, including pre-
application meetings.
4.2 Review of countv land use qermit applications. All land use applications submitted to the
COUNTY within the Snohomish UGA that are subject to SEPA will be reviewed under the terms
of the "Interlocal Agreement Between Snohomish County and the City of Snohomish on
Reciproca! Mitigation of Transportation Impacts," the provisions of SEPA, and any other
interlocal agreements relating to interjurisdictional coordination. Any COUNTY development
within the Snohomish UGA may also be required to provide improvements, dedicate or deed
rights-of-way and meet road standards consistent with minimum unincorporated UGA
infrastructure standards when adopted by the COUNTY.
4.3 County will process permits. The COUNTY agrees to continue processing both building and
land use permit applications in the annexed area for which complete applications were filed
before the effective date of the annexation, as provided below.
4.4 Building permits.
4.4.9 Buildina permits definitians. For the purposes of this AGREEMENT, the following
definitions apply: "building permits" are defined as printed permission issued by the authorizing
• jurisdiction that allows for the construction of a structure, and includes repair, alteration, or
addition of or to a structure; "associated permits" means mechanical, electrical, plumbing and
sign permits for the building being permitted; "completion" means final administrative or quasi-
judicial approvals, including final inspection and issuance of an occupancy permit.
4.4.2 Completion of buildinq permlts. In areas that have been annexed, the COUNTY agrees to
complete processing of building permit applications that were deemed complete prior to the
effective date of the annexation subject to the limitations in Sections 4.4.4 and 4.4.5 of this
AGREEMENT. In addition, the COUNTY agrees to accept, process, and conduct inspections
through completion for any associated permits for which it receives an application and
accompanying fees before the effective date of the annexation. Where legislative approval by
the Snohomish City Council is required, the COUNTY will provide appropriate staff for the C'rty
Council's meeting, if deemed necessary by the CITY. Permit renewals shall be governed by
31
Section 4.6. 4.4.3 Appeals of buildinp permits. The COUNTY agrees to be responsible for defending, at no
cost to the CITY, any administrative, quasi-judicial or judicial appeals of building permits issued
by the COUNTY in the annexed area.
4.4.4 Buildinp permits may be issued up to four months fo!lowinq annexation rn areas that have
b@en annexed. The COUNTY agrees to continue processing building permit applications pursuant to Section 4.4.2 of this AGREEMENT for up to four months following the effective date
of the annexation. On or about the effective date of the annexation, the COUNTY and CITY will
- determine, in consultation with the applicant(s), whether any pending building permit
applications will be transferred to the CITY for completion.
4.4.5 Transfer bv request of permit aAplicant. The CITY may at any time request the COUNTY
to transfer pending building permit applications upon receipt of a written request by the permit
applicant. The COUNTY will contact applicants for pending permit applications to provide
advance notification of the transfer date. The CITY will honor any intermediate approvals (such
as building plan check approval) that are effective prior to transfer of the permit application.
Following consultation with the COUNTY, CIYY staff must approve extension of intermediate
approvals following the annexation.
4.5 Land use permits_
4.5.1 Land use permits definitions. For the purposes of this AGREEMENT: "land use permits"
are defined as non-single family building permits for structures greater than 4,000 square feet in
size, subdivisions, planned residential developments, short subdivisions, conditional uses,
special uses, rezones, shoreline substantial development permits, and variances; "review stage"
is defined for subdivisions and short subdivisions to include the following elements which will
individually be regarded as a distinct "stage" - preliminary plat approval, plat construction plan
approval, inspection or final plat processing; "review stage" for all other land use permits
includes preliminary approval, construction plan approval, construction inspections, or final sign-
off, but does not include related building permit applications unless applied for in the COUNTY
prior to the effective date of the annexation.
4.5.2 Completion Af land use permits. The CITY and COUNTY agree to review the pending land
use permits within the annexation area and to execute a detailed agreement covenng the
transfer of the pending land use permits in the annexation area before the effective date of the
annexation_
4.5.3 Land use dedications, deeds or canveVances_ Final plats or other dedications of public
property will be transmitted to the CITY for City Council acceptance of dedication of right-of-way
or public easements, if dedication occurs after the effective date of annexation. Dedications,
deeds or conveyances will be in the name of the CITY after the effective date of the annexation
and will be fonrvarded to the City Council for acceptance by the CITY even if the COUNTY is
continuing to process the permit.
4.5.4 Appeals of land use perrnits. The COUNTY agrees to be responsible for defending, at no
cost to the CITY, any administrative, quasi judicial or judicial appeals to the COUNTY of land
use permits issued by the COUNTY in the annexed area.
32
4.6 Permit renewal or extension. Any request to renew a building permit or to renew or extend a
land use permit issued by the COUNTY in the annexation area is be made to and administered
by the CITY.
4.7 Transfer of permit fees. The CITY and COUNTY agree to proportionately share the permit
application fees for any transferred cases. The COUNTY agrees to transfer a proportionate
share of the application fee collected to the CITY, commensurate with the amount of work left to
be completed on the permit. The proportionate share will be based on the COUNTY's permitting
fee schedule.
4.8 Land use code enforcement cases. Any land use code enforcement cases in the annexation
area pending in the COUNTY will be transferred to the CITY on the effective date of the
annexation. Any fuRher action in those cases will be the responsibility of the CITY and at the
CITY'S discretion. The COUNTY agrees to make 'rts employees available as witnesses at no
cost to the CITY if necessary to prosecute transferred cases.
4.9 Enforcement of County conditions. Following the effective date of the annexation, the CITY
agrees to enforce any conditions imposed by-the COUNTY relating to the issuance of a building
or land use permit in an area which has been annexed. The COUNTY agrees to make its
employees available, at no cost to the CITY, to provide assistance in enforcement of conditions
on permits originally processed by COUNTY personnel.
4.10 Transference of bonds. Any performance, maintenance or other bonds held by the
COUNTY to guarantee perFormance, maintenance or completion of work associated with the
issuance of a permit will be transferred to the CITY along with responsibility for enforcement of
conditions tied to said bonds.
5. RECORDS TRANSFER
Purpose: For the CITY and COUNTY to mutually determine the appropriate timing for the
transfer of permit records.
Transfer of COUNTY records will be subject to an interlocal agreement between the CITY and
the COUNTY, entrtled "Intertocal Agreement Between the City of Snohomish and Snohomish
County Concerning Transfer, Custody, and Retention of and Access to Public Records
Following Annexation."
6. COUNTY CAPITAL FACILITIES REIMBURSEMENT
Purpose: To identify recent capital projects that have occurred within the CITY's UGA that the
COUNTY and CITY need to discuss if reimbursement for a portion of the expenditures is
necessary and the best course of action for reimbursement.
6.1 Reimbursement for capital facilities investment. The CITY recognizes that the COUNTY can
request reimbursement for the depreciated value of certain capital facilities expenditures made
in the five-year period preceding the effective date of an annexation based on a negotiated
repayment schedule. However, the CITY and COUNTY agree to use their best efforts to pursue
cost sharing where feasible, when planning for new local and regional capital construction
projects. 33
, 6_2 Consuftation on ca ita! ex enditures for active and future ro-ects, The COUNTY will
consult with the C17Y in planning for new local and regional capital construction projects within
the SnohomisYr UGA_ The COUNTY and CITY agree to begin consultation regar[iing existing
active COUNTY projec#s wi#hin sixty {60} days of approval af this AGREEMEhlT. At the time of
this consultation, or at the project plannirig stage, the par#ies will discuss the need far shared
resporrsibilities in irnplementing capital projects, including #he patential for indebtedness by
bonding or loans. The CITY and COUNTY wFll pursue coopera#ive financing for capital facilities
where appropriate. Interlocal agreements addressing 'shared responsibilities for capital projects
within the IJGA will be negotiated, wYrere apprapriate_ .
5,3 C ontinued pla nninp, desig n, fundinq, construction, and services for active a nd future ca pita l
rp ajects, Shared responsibilities for lacal capital projects and Iocal share of regional capital
facilities within the SnaYromish UGA and continued COUNTY services relating to the planning,
design, funding, properky acquisition, conskruckion, and engineering for lacal capital projects
within an annexation area will be addressed by separate interlacal agreement(s) for specific
pro}ects, Appropriate interlocal agreernents relating to planning, design, funding, property
acquisition, corrstructian; and other architectural or engirteering services for active and future
capital projec#5 within an annexatton area will be documented as part of an annexation
addendum under section 13 af this AGREEMENT_
fi,4 Capftal facilities firrance aqreernents. At a minimum, praject-specifir, interlacal agreements
for major new local capital facility projects and lacal share o# regional capital facilities within the
Snohomish UGA will be discussed. 7hese agreements rnay include transfeTS of future revenues
from the C171' to #he COUIVZI', proportionate share reimbursements from the CITI` to the
COUNTY andlor CITY assumption of COUNTY debt sen+ice responsibili#y for Ioans or ather
financing mechanisms for new local capital projects and local capital projects wi#h outstanding
public indebtedness withan #he annexation area a# the time of annexation_ Both parties agree in
principle tha# #here should not be any reimbursement far prajects that have already been paid
for by the citizens of the annexing area (e,g-, #hrough special taxes or assessments, traffic
mitigation, or o#her attributable funding sources). 6.5 Continuation of Iatecomers cost recovery prograrns . a.n.d ather caaital facilitv financinq
mechanisrns. After annexation, the CIIY agrees to cantinue administering any non-pro#est
agreements, latecomers assessment reimbursement programs established pursuant to Chapter
35,72 RCW, ar other types of agreements or programs relating to future participation or cast-
share reimbursement in accardance with the terms of any agreement recorded with the
Snohomish County Auditor relating to prvperty within the SnohornishUCA. In addi#ion to the
recarded documents, the COUNTY will pravide available files, maps, and other relevant
infarmation necessary ta effective iy administer these agreements ar programs. 7_ ESSEh4TIAL PUBLIC FACILITIES
Purpose: To ens ure ad option of acommon siting process far essential public facilities.
Essential Public Facili#ies Sitin-q Pracess_ If the CITY has not already signed the Interlocal
Agreernent #o frrxpfement Cornrrrorr ,5rfing Process far Esserrtial Public Facilifr'es, the COUNTY
and CITY agree to review any proposed annexation and consider +nvhe#her tha# interlocal should
be adopted ar some provisions for implementation of siting of essential public facilities included
in an annexation addendum under Section 13 of this AGREEMENT_
34
8. ROADS AND TRANSPORTATION PurAOSe: To ensure an orderly transfer of ownership and maintenance of existing road and
transportation facilities and the future planning, construction and maintenance of transportation
facilities including circulation plans, arterial network plans and transit-oriented development.
8.1 Annexation of road riaht-of-ways. Except for noncontiguous municipal purpose annexations
under RCW 35.13.180 or 35A.14.300, the CITY agrees to propose annexation of the entire
right-of-way of COUNTY roads adjacent to an annexation boundary. The CITY agrees to
assume full legal control and maintenance responsibility for roads and associated drainage
facilities within the annexed area upon the effective date of annexation, unless otherwise
mutually agreed in writing.
8.2 Road maintenance responsibility. Where possible, the CITY agrees to annex continuous
segments of road to facilitate economical division of maintenance responsibility and avoid
discontinuous patterns of alternating city and county road/street ownership. Where annexation
of segments of road are unavoidable, the CITY and COUNTY agree to consider a governmental
services agreement providing for maintenance of the entire roadlstreet segment by the
jurisdiction best able to provide maintenance services on an efficient and economical basis.
8.3 Taxes, fees, rates, charqes, and other monetary adiustments. In reviewing annexation
proposals, the CITY and COUNTY must consider the effect on the finances, debt structure, and contractual obligations and rights of all affected governmental units. Tax and revenue transfers
are generally provided for by state statute. .
8.4 Traffic Mitiqation and Capital Facilities
8.4.9 Reciqrocal impac# mitiaation. The CITY and COUNTY agree to mutually enforce each
other's traffic mitigation ordinances and policies to address multi-jurisdictional impacts under the
terms and conditions as provided for in the "lnterlocal AGREEMENT Between Snohomish
Courtty and the City of Snohornish on Reciprocal Mitigation of Transportation lmpacts," which
will be adopted at or near the time of this AGREEMENT. In addition to reciprocal impact
mitigation, the subagreement may address implementation of common UGA development
standards (including access and circulation requirements), level of service standards,
concurrency management systems, and other transportation planning issues.
8_4.2 Transfer of concurrencv and road impacf mitigafion fees paVments. The COUNTY collects
impact fees payments as a condition of land development permits pursuant to Chapter 30.66B
of the Snohomish County Code (SCC) for roads in the impact fee cost basis. Where the
annexation area includes system improvement(s) for which impact fees have been collected
and which remain programmed for improvement(s), the COUNTY and CITY will negotiate fee
transfers of all or a portion of these payments to the CITYfor the improvements. Any issues
relating to unbudgeted improvements for the annexation area will be resolved prior to the
transfer of any funds for roads. Impact mitigation funds for roads will be transferred to the CITY
upon resolution of the maintenance and ownership responsibilities.
8.4.3 Reimbursement for capital facilities rnvestmenf. There will be no reimbursement from the
CITY to the COUNTY for existing capital improvements. However, the COUNTY and the CITY
may agree to develop separate agreements for cost sharing for new capital improvement
35
projects.
8.5 Joint transportation planninq
8.5.1 Arterral network plan. The CITY and COUNTY agree to cooperate on the development
and maintenance of a regional arterial network plan through the Snohomish County Arterial
Network (SnoCAN) project or other efforts to coordinate regional arterial planning and
transportation circulation.
8.5.2 Transit-oriented development implementation. The CITY and COUNTY agree to cooperate
on the development of transit-oriented development (TOD) regulations and transit supportive
policies to implement the, COUNTY and CITY comprehensive planning policies.
8.6 Maintenance services. The CITY and COUNTY agree to evaluate whether an interlocal
agreement addressing maintenance of streets, traffic signals, or other transportation facilities
will be appropriate. Any COUNTY maintenance within an annexation area after the effective
date of the annexation will be by separate service agreement negotiated between the CITY and
COUNTY.
9. SURFACE WATER MANAGEMENT
Purpose: To ensure a smooth transfer of ownership and maintenance of existing surface water
facilities and to cooperate on future planning, construction and maintenance of surface water
' facilities.
9.1 Legal control and maintenance responsibilities. If the annexed area includes surface water
drainage improvements or facilities the COUNTY currently owns or maintains, the CITY and
COUNTY agree to negotiate the disposition of legal control and maintenance responsibilities by
the end of the year in which the annexation becomes effective. The COUNTY agrees to provide
a list of regional facilities prior to the start of negotiations. Residential detention facilities over '
which the COUNTY holds maintenance easements will transfer to the CITY. If the COUNTY's
current Annual Construction Program or Surface Water Mlanagement Division budget includes
major surface water projects in the area to be annexed, the CITY and COUNTY will determine
how funding, construction, programmatic and/or subsequent operational responsibilities will be
assigned for these improvements.
9.2 Taxes, fees, rates, charqes and other monetarv adiustments. The CITY recognizes that fees
are collected by the COUNTY for unincorporated areas within designated Watershed
Management Areas (WMAs) and/or the Clean Water District (CWD). 1Natershed management
fees are collected at the beginning of each year through real property tax statements. Upon the
effective date of the annexation, the CITY hereby agrees that the COUNTY will continue to
collect and apply the fees, pursuant to Chapter 25.20 SCC, collected during the calendar year in
which the annexation occurs to the provision of watershed management services designated in
that year's budget. These services will be provided through the year in which the annexation
becomes effective and will be of the same general level and quality as those provided to other
fee payers in the COUNTY.
9.3 Government service aqreements. The COUNTY and CITY intend to work toward one or
more interlocal agreements for joint watershed management planning, capital construction,
infrastructure management, habitaUriver management, water quality management, outreach and
36
volunteerism, and other related services.
10. PARK, OPEN SPACE AND RECREATIONAL FACILITIES
Purpose: To ensure an orderly transfer of ownership and maintenance of existing park, open
space and recreational facilities in accordance with Park Department policies and future
planning, construction and maintenance of park facilities.
10.1 Local or community parks. If an annexed area includes parks, open space or recreational
facilities that are listed as a local or community park, the CITY agrees to assume maintenance,
operation and ownership responsibilities for the facility upon the effective date of the
annexation. The only exception is if prior to the annexation, the COUNTY declares its intention
to retain ownership of the park.
10.2 Criteria for County to retain ownership. The COUNTY, in consultation with the CITY, will
make the decision on whether to retain ownership based on the following criteria and consistent
with Park and Recreation Paric Plan:
• The parfc has a special historic, environmental or cultural value associated with the
Snohomish County Department of Parks and Recreation and to the citizens of
Snohomish County;
• There are efficiencies with the COUNTY's operation and/or maintenance of the park
property;
• The COUNTY has made a substantial capital investment in the park property including
the purchase of the property, the development of the park, and the construction of
facilities;
• There are specialized stewardship or maintenance issues associated with the park that
the COUNTY is best equipped to address;
• T'he property generates revenue that is part of the larger COUNTY park operation
budget; and/or
• The facility serves as a regional park or is part of the COUNTY'S trail system and would
be better included in the COUNTY's regional network.
10.3 Taxes, fees, rates, charqes, and other monetary adiustments. Funds for park and
recreation facility impact mitigation payments and park or open space related SEPA mitigation
payments are collected by the approving jurisdiction as a condition of land development permit
approval pursuant to Chapter 30.66A SCC. The portion of the impact mitigation payments for
regional parks and open space shall be disbursed to the COUNTY. The portion of the impact
mitigation payments for local parks within the annexation area shall be disbursed to the CITY for
park and recreation facility impact mitigation.
11. POLICE SERVICES
Purpose: To ensure a smooth transition of police services from the COUNTY to the CITY upon
annexation.
As necessary, the CITY and COUNTY agree to discuss the needs for contracting or transfer of
police services within an annexed area and the unincorporated UGA. Agreements between the
CITY and COUNTY will be made consistent with RCW 41.14.250 through 41.14.280 and RCW
35.13.360 through 35.13.400. The County Sheriffs Department, upon request by the CITY, will
37
provide detailed service_and cost information for the area to be annexed. 12. FIRE MARSHAL SERVICES
Puraose: To ensure a smooth transition of fire marshal services from the COUNTY to the CITY
upon annexation.
12.1 COUNTY to complete annual fire inspections. The COUNTY agrees to process and
complete fire inspections in an annexed area that were scheduled before the effective date of
annexation and occur within four months following the effective date of the annexation.
12.2 Fire code enforcement cases. The COUNTY will complete any pending fire code
enforcement cases within the annexation area until final disposition of the case. Any further
action in those cases will be at the discretion of the CITY.
LEGALLY REQUIRED LANGUAGE
13. ADDENDA AND AMENDMENTS
13.1 Addendum for annexation. An addendum to this AGREEMENT will be prepared for each
annexation, if necessary, to address parks, transportation, surface water management, capital
facilities, or other issues specific to that annexation. The CITY and COUNTY will negotiate the
• addendum prior to or during the forty-five (45) day review period following the date the
Boundary Review Board accepts the CITY's Notice Of Intention for the annexation.
13.2 Amendments. The CITY and COUNTY recognize that amendments to this AGREEMENT
may be necessary to clarify particular sections or to update and expand the AGREEMENT.
Either party may pursue an amendment, as necessary.
13.3 Process for addendin4 or amendinq this aqreement. An addendum or amendment must be
mutually agreed upon by the parties and executed in writing before becoming effective. Any
addendum or amendment to the AGREEMENT will be executed in the same manner as
provided by law for the execution of the AGREEMENT.
13.4 Additional aqreements. Nothing in this agreement limits parties entering into interlocal
agreements on additional issues not covered by, or in lieu of, the terms of this agreement.
14. THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this AGREEMENT, and this AGREEMENT shall not be
interpreted to create such rights. 15. DISPUTE RESOLUTION
The CITY and COUNTY mutually agree to use a formal 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 CITY and COUNTY. Each jurisdiction
would be responsible for the costs of their own legal representation. The CITY and COUNTY
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agree to mediate any disputes regarding the annexation process or responsibilities of the
parties prior to any Boundary Review Board hearing on a proposed annexation, if possible. The
parties shall use the mediation process in good faith to attempt to come to agreement early in
the annexation process and prior to any hearings that may be required before the Boundary
Review Board.
16. HONORING EXISTING AGREEMENTS, STANDARDS AND STUDIES
Unless otherwise specified in this AGREEMENT and attachments, the CITY and COUNTY
mutually agree to honor all existing mitigation agreements, interlocal agreements, appropriate
interjurisdictional studies and agreed upon standards affecting an annexation area to which the
CITY or COUNTY is a party.
17. RELATIONSHIP TO EXISTING LAWS AND STATUTES
This AGREEMENT in no way modifies or supersedes existing state laws and statutes. In
meeting the cornmitments encompassed in this AGREEMENT, all parties will comply with the
requirements of the Open Meetings Act, Public Records Act, Growth Management Act, State
Environmental Policy Act, Annexation Statutes, and other applicable state or local laws. The
COUNTY and CITY retain the ultimate authority for land use and development decisions within
their respective jurisdictions as provided herein. By executing this AGREEMENT, the COUNTY
and CITY do not purport to abrogate the decisionmaking responsibility vested in them by law.
18. EFFECTIVE DATE, DURATION AND TERMINATION
18.1 This AGREEMENT shall become effective following the approval of the AGREEMENT by
the official action of the governing bodies of each of the parties hereto and the signing of the
AGREEMENT by the duly authorized representative of each of the parties hereto.
18.2 Termination. Either party may terminate its obligations under this AGREEMENT
upon 90 days advance written notice to the other party and subject to the following
condition.
Following a termination, the COUNTY and CITY are mutually responsible for fuffilling any
outstanding obligations under this AGREEMENT incurred prior to the effective date of the
amendment or termination. '
19. INDEMNIFICATION AND LIABILITY
19.1 The CITY shall protect, save harmless, indemnify and defend, at its own expense, the
COUNTY, its elected and appointed officials, officers, employees and agents, from any loss or
claim for damages of any nature whatsoever arising out of the CITY's performance of this
AGREEMENT, including claims by the CITY's employees or third parties, except for those
damages caused solely by the negligence or willful misconduct of the COUNTY, its elected and
appointed officials, officers, employees, or agents.
19.2 The COUNTY shall protect, save harmless, indemnify, and defend at its own expense, the
CITY, its elected and appointed officials, officers, employees and agents from any loss or claim
for damages of any nature whatsoever arising out of the COUNTY's performance of this
AGREEMENT, including claims by the COUNTY's employees or third parties, except for those
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damages caused solely by the negligence or willful misconduct of the COUNTY, its elected and
appointed officials, officers, employees, or agents.
19.3 In the event of liability for damages of any nature whatsoever arising out of the
performance of this AGREEMENT by the CITY and the COUNTY, including claims by the
CITY's or the COUNTY's own officers, officials, employees, agents, volunteers, or third parties,
caused by or resulting from the concurrent negligence of the COUNTY and the CITY, their
officers, officials, employees and volunteers, each party's liability hereunder shall only be to the
extent of that party's negligence.
19.4 No liability shall be attached to the CITY or the COUNTY by reason of entering into this
AGREEMENT except as expressly provided herein. The CITY shall hold the COUNTY harmless
and defend at its expense any legal challenges to the CITY's requested mitigation and/or failure
by the CITY to comply with RCW 82.02.020 or RCW 82.02.070.
20. SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid,
the remainder of the provisions and/or the application of the provisions to other persons or
circumstances shall not be affected.
21. EXERCISE OF RIGHTS OR REMEDIES
Failure of either party to exercise any rights or remedies under this AGREEMENT shall not be a
waiver of any obligation by either party and shall not prevent either party from pursuing that right
at any future time.
22. RECORDS
Both parties shall maintain adequate records to document obligations performed under this
AGREEMENT. Both parties shall have the right to review the other party's records with regard to
the subject matter of this AGREEMENT, upon reasonable notice. Such rights last for six (6)
years from the date of permit issuance for each specific development subject to this
AGREEMENT.
23. ENTIRE AGREEMENT
This AGREEMENT constitutes the entire AGREEMENT between the parties with respect to the
framework issues for annexations. It is anticipated that the parties will enter into further
interlocal agreements on specific subject areas, as indicated in the text of the AGREEMENT.
24. GOVERNING LAW AND STIPULATION OF VENUE
This AGREEMENT shall be governed by the laws of the State of Washington. Any action
hereunder must be brought in the Superior Court of Washington for Snohomish County.
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25. CONTINGENCY
The obligations of the CITY and COUNTY in this AGREEMENT are contingent on the
availability of funds through legislative appropriation and allocation in accordance with
law. In the event funding is withdrawn, reduced or limited in any way after the effective
date of this contract, the CITY or COUNTY may terminate the contract under Part 18 of
this AGREEMENT, subject to renegotiation under those new funding limitations and _
conditions.
26. CONTACTS FOR AGREEMENT
The contact persons for this AGREEMENT are:
Larry Bauman, City Manager
City of Snohomish
Planning and Community Development
3000 Rockefeller Avenue
Snohomish, WA 98290
(360) 568-3115 Richard Craig, Senior Planner
Snohomish County
Department of Planning and Development Services .
116 Union Ave.
. Everett, WA 98201 (425) 388-3311
IN WITNESS WHEREOF, the parties have signed this AGREEMENT, effective on the date
indicated below.
CITY OF SNOHOMISH SNOHOMISH COUNTY
By By
Cameron Bailey, Mayor Robert J. Drewel, County Executive
Date Date
ATT'EST: ATTEST:
Torchie Corey Kathryn Bratcher
City Clerk Clerk of the County Council .
Approved as to form: Approved as to form: •
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Office of the City Attorney Snohomish County Prosecuting Attomey
Grant Weed Shawn J. Aronow •
Attorney for the City of Snohomish Deputy Prosecuting Attorney for
Snohomish County
EXHIBIT A-- Snohomish Urban Growth Area Map
EXHIBIT B-COUNTY LEGISLATIVE MEASURES AND CONTRACTUAL AGREEMENTS
Snohomish County Land Use and Development Codes that need to be adopted by the City. All
codES are "as amended. "
A. SCC Title 13, entitled ROADS AND BRIDGES, Chapters 13.01, 13.02, 13.05, and 13.10
through 13.70, 13.95, 13.110 and 13.130
6. SCC Chapter 30.53A, entitled UNIFORRfI FIRE CODE,
C. SCC Chapter 30.52A, entitled UNIFORM BUILDING CODE, • D. SCC SUBTITLE 30.2, entitled ZONING AND DEVELOPMENT STANDARDS
E. SCC Chapter 30.41A, entrtled SUBDIVISIONS
F. SCC Chapter 30.41D, entitled BINDING SITE PLANS
G. SCC Chapter 30.41 B, entitled SHORT SUBDIVISIONS
H. SCC Chapter 30.44, entitled SHORELINE MANAGEMENT
1. SCC SUBTITLE 30.6, entitled ENVIRONMENTAL STANDARDS AND MITIGATION
J. SCC Title 25, entitled STORM AND SURFACE WATER MANAGEMENT
K. SCC Chapter 30.66A, entitled PARK AND RECREATION FACILITY IMPACT
' MITIGATION
L. SCC Chapter 30.66B, entitled CONCURRENCY AND ROAD IMPACT MITIGATION
M. SCC Chapter 30.66C, entitled SCHOOL IMPACT MITIGATION
N. Ordinance 93-036, entitled SHOREIINE MASTER PROGRAM
0. SCC Chapter 30.42B, entitled PLANNED RESIDENTIAL DEVELOPMENTS
All applicable state building and construction codes as adopted and amended by Snohomish
County, including, but not limited to: .
a} 1997 Uniform Building Code
b) 1997 Uniform Plumbing Code
c) 1997 Uniform Mechanical Code
d) Washington State Energy Code adopted April 1, 1990
Other Contractual Aqreements
Interlocal Agreement Between Snohomish County and the Washington State Department of
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Transportation Relating to Policies and Procedures for Interjurisdictional Review of Land ,
Development Impacts Related to Transportation, and for Reciprocal Impact Mitigation for
Interjurisdictional Transportation System Impacts," July, 1997, as amended.
• D. In executing this Agreement, the City does not assume liability or
responsibility for, or in any way release the County from liability or responsibility
which arises in whole or in part from the existence or effect of County
ordinances, rules or regulations. If any cause, claim, suit, action or administrative
proceeding is commenced in which the enforceability andlor validity of any such
County ordinance, rule or regulation is at issue, the County shall defend the same at its sole expense and if judgment is entered or damages are awarded
against the City, the County, or both, the County shall satisfy the same, including
all chargeable costs and attorney's fees.
XV. ADMINISTRATION
,
• A. The provisions of this Agreement shall be managed by the County Planning &
Community Development Director and the Oak Harbor Development Services
Director.
• B. The Island County Planning & Community Development Director and Oak
Harbor Development Services Director shall meet as necessary to ensure that
the provisions of this Agreement are fulfilled, develop further policies and
procedures as are required, and maintain records of all actions as required to
accomplish the work of the Agreement.
• C. Administration of this Agreement will be by consensus. In the event
consensus cannot be reached by the County Planning & Community
Development Director and Oak Harbor Development Services Director,
unresolved issues will be forwarded to the Mayor and Board of Commissioners
for resolution. Approved this day of , 2002.
ISLAND COUNTY
Date
Mike Shelton
Chairman, Board of Island County Commissioners
CITY OF OAK HARBOR
Date
Patricia Cohen
Mayor
Confirmed for implementation this day of , 2002.
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