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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 ~-S-C 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 14 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 38 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 39 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. 40 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: • 41 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 42 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. 43