HomeMy WebLinkAboutO-2800 - Adopts Snohomish County codes and ordinances as required for Central Marysville Annexation (Special),I i'
CITY OF MARYSVILLE
MARYSVILLE,WASHINGTON
ORDINANCE N0-;J.800
AN ORDINANCE OF THE CITY OF MARYSVILLE,WASHINGTON,ADOPTING
SNOHOMISH COUNTY CODES AND ORDINANCES AS REQUIRED FOR THE
CENTRAL MARYSVILLE ANNEXATION.
WHEREAS,pursuant to RCW 35A.14.460,the Councils of Snohomish County
("County")and the City ofMarysville ("City")have initiated and completed an annexation
process for the Central Marysville annexation,in accordance with the Interloca1 Agreement
attached hereto as Exhibit A ("Agreement");and
WHEREAS,Section 3.4 ofthe Agreement requires the City to adopt by reference the
County codes and ordinances listed in Exhibit C ofthe Agreement,solely for the purpose of
allowing the County to process and complete permits and fire inspections in the Annexation Area
without affecting projects applied for under the City's jurisdiction;and
WHERAS,Section 3.4 ofthe Agreement further requires the County to be responsible for
providing copies of all the codes and ordinances listed in Exhibit C ofthe Agreement,in addition
to all the updates thereto,to the Marysville City Clerk, so that the City Administrative Services
'Director may maintain compliance with RCW 35A.12.140.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MARYSVILLE DO
ORDAIN AS FOLLOWS:
Section 1.County codes and ordinances adopted.The Snohomish County codes and ordinances
listed in Exhibit C ofthe INTERLOCAL AGREEMENT BETWEEN THE CITY OF
MARYSVILLE AND SNOHOMISH COUNTYPROVIDING FOR THE ANNEXATION TO
THE CITY OF THE AREA KNOWN AS THE "CENTRAL MARYSVILLE ANNEXATION"
PURSUANT TO RCW 35A.14.460,which Agreement is attached hereto as Exhibit A, are
hereby adopted by reference and shall apply within the Central Marysville Annexation Area,
provided that said codes and ordinances are adopted solely for the purpose ofallowing the
County to process and complete permits and fire inspections in the Annexation Area and shall
not affect projects applied for under the City's jurisdiction.
Section 2.Filing.Pursuant to RCW 35A.12.140,not lessthanonecopyofthe Snohomish County
codesand ordinances adoptedin SectionI ofthis ordinanceshallbe filedinthe officeofthe City Clerkfor
examination bythepublic.
Ordinance adopting County codes for Central Marysville annexation pg.l0f2
City ofMarysville
PASSED by the City Council ofthe City ofMarysville this/&f2ay of~Jeri009.
~~~,
APPROVED AS TO FORM.f'\.
~cfA)~
/ORANT K. WEED, City Attorney
Published:
Effective Date:
11..LJL2009
~2009
w/mv.ord.Il.A Annexation
Jig.20f2
,
..""fleeRecording Return to:
Assistant Clerk
SnohomishCountyCouncil
3000 Rockefeller,f\lIS609
EVCICU,\VA 98201
CONFORMED COPY20090728002016 PGS07128120098:12am $0.00SNOHOMISHCOUNTY,WASHINGTON
Agencies:Snohomish County andCity of Marysville
Tax Account No,NtA
Legal Description:N/A
Reference No.of DocumentsAlTeeled:lntertocal Recordedat AFII
Filed with the Auditor pursuant (0 RCW 39.34,040
DocumentsTitle:
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MARYSVILLE AND
SNOHOMISH COUNTY PROVIDING FOR THE ANNEXATION TO THE CITY OF THE
AREA KNOWN AS THE "CENTRAL MARYSVILLE ANNEXATION"PURSUANT TO
RCW 35A.14A60
1.PARTIES
This interlocal agreement ("Agreement")is made by and between the City of Marysville
("City"), a Washington municipal corporation,and Snohomish County ("County"), a
political subdivision of the State of Washington,collectively referred to as ttie "Parties,"
pursuant to Chapter 39.34 RCW (Interlocal Cooperation Act) and RCW 35A.14.460.
2.PURPOSE
2.1 Primarv purpose. The primary purpose of this Agreement is to set forth the terms
of the Parties'agreement to the annexation ("Annexation")to the City of territory
located within the Central Marysville Annexation area, which area is referred to
herein as the "Annexation Area,"pursuant to RCW 35A.14.460.The territory
includ.ed in the Annexation Area is depicted in Exhibit A to this Agreement,
incorporated herein by this reference.
2.2. Orderly transition of services and capital projects. 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 the Annexation.
3.GENERAL AGREEMENT REGARDING ANNEXATION
3.1 Inapplicability of Master Annexation ILA. The Parties recognize the existence of
that certain Inter/ocal Agreement Between the City ofMarysville and Snohomish
County Concerning Annexation and Urban Development Within the Marysville
lnterlocalAgreement Between the City of Marysville and
Snohomish county Providing for the Annexation to the City
of the Area Known as the "Central Marysville Annexation"Pursuant
to RCW 35A.14.460
Central MarysvilleAnnexation ILA Fi,nal-6~10-09
Page 1 of 16
Urban Growth Area,effective June 30, 1999, and recorded under Auditor's File
#199908230669 ("Master Annexation ILA"), that addresses certain actions
related to annexation. Since the Parties hereto entered into the Master
Annexation ILA, the Legislature has authorized an additional method of
annexation (annexation by interlocal agreement) pursuant to RCW 35A14.460.
Notwithstanding anything to the contrary that may be contained in the Master
Annexation ILA,the Parties agree and intend that the Master Annexation ILA
shall have no applicability,force or effect with respect to the Annexation
contemplated herein. Instead, the Annexation shall be governed by the terms of
this Agreement which is entered into pursuant to RCW 35A.14.460.
3.2 Snohomish County Tomorrow Annexation Principles. The County and the City
intend that this Agreement be interpreted in a manner that furthers the objectives
articulated in the Snohomish County Tomorrow Annexation Principles.For the
purpose ofthis Agreement,the Snohomish County Tomorrow Annexation
Principles means that documentadopted by the Snohomish CPl.InfY Tomorrow
Steering Committee on February 28,2007,and supported by the Snohomish
County Council in Joint Resolution No. 07-026 passed on September 5,2007.
The Snohomish County TOmorrow Annexation Principles are attached to this
Agreement as ExhibitBiand incorporated herein by this reference.
33 Annexation ~pproval.The City and County agree that following executiohof this
Agreement.the City shall pursue the Annexation of territory described in
Exhibit A by adoption of an ordinance pursuant to RCW 35A14,460(4}.
3.4 Cityla adopt County codes and ordinances.TheCitYagreestp<ldopt by
reference the Countycodes and ordinances listed in EXhibit C of this Agreement
solely for the purposeotallowinq the County to process and complete permits
and fire inspeGtiQrisib.the Annexation Area. Adoption of the County's codes by
the City in noway affects projectsapplied for under the City's jurisdiction.The
Count>'shall be responsible for providinq copies of all the codes and ordinances
listed in Exhibit C of this Agreement,inaddition to all the updates thereto,to the
MarysVille City Clerk, so that theCity Administrative Services Pirector@l¥
maintaincompliance with ReW 35A12.140.
4.GROWTHMANAGEMENTACT("GMA")AND LAND USE
4.1 Urb<ln density requirements. Except as may be otherwise <lIlOWed by law, the
City agrees to adopt land use designations and zones for the Annexation Area
that will accommodate within its jurisdiction the population and employment
allocation assigned by the County under the GMA for the City and the
Annexation Area as establishedin Appendix B of the Countywide Planning
Policies fOr Snohomish County. Nothing in this Subsection 4.1 shall be deemed
as a waiver of the CilY's right to appeal the assignment of such population and
employment allocation under the GMA.
Intertocal Agreement.Between the City ofMarysvilleand
SnohomishCountyProvidingforthe Annexationtothe Cily
ot the Area Known as the "Central MarysVille Annexation"Pursuant
\0 RCW 35A.14.460
Central MarysvilleAnnexafion.ILAFinaI6·10~09
Page 2 of 16
4.2 Wetland mitigation sites and habitat projects. The City and County share a
commitment to ensure the success of wetland mitigation sites and habitat
improvement projects. The City and County agree that both jurisdictions will
benefit from the maintenance and monitoring of wetland mitigation sites and
habitat improvement projects. The City and County agree to enter into.an
agreement prior to the effective date of the Annexation to determine
responsibility and costs for maintenance and monitoring for the mitigation sites
and habitat improvement projecllocated at 51
st Avenue NE and 100
th Street NE.
5.TRANSFER OF PERMITS IN PROCESS BY THE COUNTY
5.1 Permit processing. The County agrees to continue processing both building and
major development permit applications in the Annexation Area for Which
complete applications were filed before the effective date of the Annexation,as
provided below.
5.2 Buildinq permits issued within four months of annexation The County shall
continue to process throuqhcomptetlon building permits in the Annexation Area
under County code and permit requirements for which it received a complete
permit application prior to the effective date.ofthe Annexation and for which a
building permit is issued within four months of the effeGtive date of Annexation.
In addition. the County shall accept, process.and conduct inspectionsfor any
associated permits for which it receives an application through completion.For
the purposes of this Agreement,"associated permits"means mechanical,
plumbing. and sign permits lorthebl,.lilding being permitted.Forthe purpose$bf
this Agreement,"cornpletiontmeans 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
ludiGialappeals of building permits issued by the County in the Annexation Area.
5.3 Building permit applications not issued within four months after annexation.The
County shall continue to process permit applications (exclusivepf major
development permits as defined in Section 5.4) in the Annexation Area under the
County code and permit application requirements for which itreceiveda
complete permit application prior to the effective date of the Annex<i\ti9n,for up to
four months following the effective date of the Annexation.Four monthsfollowinq
the effective date of the Annexation. permit application processing responsibility
will be transferred to the City if a permit has not been issued.Alternatively,the
City may 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) which are effective prior to transfer ofthe permit
application. Extension of intermediate approvals following the Annexation must
be approved by the City following consultation with County staff.
lnterlocal Agreement Between the City of Marysville and
Snohomish County Providing for the Annexation 10the City
of the Area Known as the "Central Marysville Annexation"Pursuant
to RCVV 35A.140460
Central Marysville AnnexatlonllAFinal 6-10-09
Page 3 of 16
5.4 Major development permits.The County shall continue to process to completion
;:Jny major development permits in the Annexation Area for which it received a
complete permit application prior to the effective date of the Annexation. "Major
developmentpermits"is defined as: non- single family building permits for
structures greater than 4,000 square feet in size,subdivisions,Planned
Residential.Oevelopments, 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 effective date of the Annexation.The term "review
prgcess"Is defined as follows for a subdivision:preliminary plat approval, plat
cons1rl.lctjgn plan approval,inspection and final plat processing.Final plats shall
belr;:JnSmItted to the City for City Council acceptance of dedication of right-of-
way orotherpublic easements,if dedication occurs after the effective date of the
Ahnexation.The County shall be responsible for defending any administrative,
9.lJasi~lJdi¢icilgrj(Jdj¢ial apPElals of major developmentpermits issued by the
Qountyin the Annexation Area.
5.5 Permit renewal or extension.Any request to renew a building permit or to renew
or extend a major develcpmenf permit issued by the County prior to the effective
date of the Annexation which is received after the effective date ofthe
Annexation shall be made to and administered by the City.
5.6 Land use code enforcement cases.Any pending land use code enforcement
cases in the Annexation Area shall 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.
5.7 Enforcement ofCounty conditions.Following the effective date of the
Annexation,theCily agrees to enforce any conditions imposed by the County
rel<iting to the issuance of a building or major development permit in the
Aoni)x<lli¢n Area.Anyperformance or other bonds held by the County to
guarantee perforrnanee or completion of work associated with the issuance of a
permitshall betransferred to the City along with responsibility for enforcement of
condition tied 10said bonds.The County agrees to make its employees available
to provide assistance in areas involving enforcement of conditions on permits
originally proCessedby County personnel,at no coslto the City.
5.8 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 share of 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
writtenrequest by the permit applicant.
InterlocalAgreement BetweentheCityofMarysville and
Snohomish County Providing 'rcr tne Annexation tothe City
ot.the.AreaKnown as the "Centrat Marysvine Annexation"Pursuant
toRCW 35A.14.460
Central Marysville Annexation lLAFinal 6~10-09
Page 4 of 16
6.RECORDS TRANSFER
The City Clerk or designee,at his or her discretion,shall either take custody of or copy
relevant County records prior to and following the 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 wi.1I be subject to the Interlocal Agreement
Between the City and the County Concerning Transfer, Custody,Retention and Access
ofPublic Records Following Annexation,effective August 25, 1999, and recorded under
Auditor's File #199910200573.
7. ROADS
7.1'Reciprocal impact mitigation.The City and County have agreed to mutually
enforce each other's traffic mitigation ordinances and policies to address multi-
jurisdictional impacts under the terms and conditions provided in the Interlocal
Agreement Between Snohomish County and the City ofMarysville on Reciprocal
Mitigation of Transporlation Impacts,effective July 1, 1999, and recorded under
Auditor's File #199907020618.The Parties also may enter into an additional
agreement that addresses implementation of common MUGA development
standards (including acce~s and circulation requirements),level of service
standards,concurrency management systems,and other transportation planning
~U~
tntenocat Agreement Between the City of MarySVille and
Snohomish County Providing for the Annexation to the City
of the AreaKnown as the"Central Marysville Annexation"Pursuant
IO.RCW35A.14A60
Central Marysville Annexation ILA Final 6~10-09
Page 5 of 16
8.SURFACE WATER MANAGEMENT
8.1 Legal control and maintenance responsibilities. The Central Marysville
Annexation Area includes surface water drainage improvements or facilities that
the County currently owns or maintains. The City'and County agree that the
legal control and maintenance responsibilities for such surface water drainage
improvements or facilities shall transfer to the City by the end of the calendar
year in which the Annexation becomes effective, except as negotiated between
the City and County in any subsequent agreementS.The County agrees to
provide a list of surface water drainage improvements and facilities prior to the
start of negotiations,County maintenance easements over residential detention
facilities shall be transferred to the City. The CO,l.Irity'scqrrentAnnual
Construction Program or Surface Water Management Division budget includes
major surface water projects in the AnnexationArea.The City and County will
determine how funding, construction.programmatic and subsequent operational
responsibilities,legal control and responsibilities will be,<ilssigned for these
improvements,and the timing thereof, under the proviS)onsQfp,CW 36.89.050,
RCW36.89.120 and all other applicable authorities.
8.2 Taxes, fees, rates, charges and other monetary adjustments.The City
recognizes that service charges are collected by the County for unincorporated
areas within designated Watershed Management Areas and Clean Water
Districts. Watershed management service charges are cQllected at the beginning
of each calendar year through real property tax statements. Upon the effective
date of the Annexation, the City hereby agrees that the'County may continue to
collect and, pursuant to Chapter 25.20 SCC and to the extent permitted by law,
to apply the service charges collected during the calendar year in which the
Annexation occurs to the provision of watershed management services
designated in that year's budqet. These services will be provided through the
calendar year in which the Annexation becomes effective and will be of the same
general level and quality as those provided to other property owners subject to
service charges in the County.
8.3 Drainage NeedSRepol'tC6st recovery. The CitYrecoghii;es that drainage
engineering studies and surface water drainage lmprovements and facilities have
benefited the Annexation Area. The City recoqnizesthatthe County has incurred
bonded debt to fund the engineering studies and facilities listed in the Drainage
Needs Report, prepared by the Snohomish County Department of Public Works
in 2002, as updated,and agrees that the Annexation Area will be responsible for
paying a share of that bond debt. The City recognizes that the County has full
authority and is required to collect payment for thatbond debl under RCW
36.89.120.
lnlerlocal Agreement BetweentheCity of MarysvWe and
SnohomishCounty Providing lortheAnnexation totheCity
of the Area Known as fhe t'Centra!Marysville Annexation"Pursuant
to RCW 351\.14.460
CentralMarysville Annexation ILAFina/6-10-09
PaqeB'of t6
8.4 Government service agreements.The County and City intend to work toward
one or more interlocal agreements for joint watershed management planning,
capital construction,infrastructure management,habitat/river management, water
quality management,outreach and volunteerism,and other related services.
9.PARKS,OPEN SPACE AND RECREATIONAL FACILITIES
The City agrees to assume maintenance,operation and ownership respClnsllJilities for
Mother Natures Window Park,TimberbrookfHeatherglen,Sherwood ForE!SI,Walter's
Manor and King Park upon the effective date of the Annexation as identified in the map
attached to this Agreement as Exhibit D.Documents conveying Mother Natures
Window Park,Timberbrook/Heatherglen,Sherwood Forest,Walter's Manorand King
Park to the City of Marysville will be developed and executed by both Parties
subsequent to the effective date of the Annexation.
10.AMENDMENTS AND ADDITIONAL AGREEMENTS
10.1 Amendments. The City and County recognize that amendments to this
Agreement may be necessary.An amendment to this Agreement must be
mutually aqreed upon by thePartiesandexecuted in writing.Anyarnendrnentto
this Agreement shall be executed in the samemanner as this Agreement.
10.2 Additional agreements.Nothing in this Agreement limits thePatties frqrn
entering into interlocal agreernents on issues not covered by,or in lieu of,.lhe
terms of this Aqreement.
11.THIRD PARTY BENEFICIARIES
Thereareno third party beneficiaries.to this Agreement,and this Agreement shallnot
be interpreted to create any third party beneficiary rights.
12.DISPUTE RESOLUTION
Except as herein provided,no civil action with respect to any dlsputectalm.or
controversy arising out of or relating to this Agreement maybe cernmeneeduntil.the
dispute, claim or controversy has been submitted to a mutually agreed QPon rhE!ctICltor.
The Parties agree that they will participate in the mediation in goodfaith,and thatthey
will share equally in its costs. Each jurisdiction shall be responsible for the cOstsoftheir
own legal representation.Either party may seek equitable relief prior to the mediation
process, but only to preserve the status quo pending the completion ofthat process.
The City and County aqree to mediate any disputes regarding the annexation process
or responsibilities of the parties prior to the Boundary Review Board hearing on the
Annexation,if possible.
tnterlocal Aqreement Between theCUy of Marysville and
Snohomish County Pr6vidingfor the Annexation to the City
ot the Area Known as the "Central Marysville Annexation"Pursuant
loRGW35A.14.460
Central Marysville Annexation lLA Final 6·10-09
Page 7 of 16
13.HONORING EXISTING AGREEMENTS,STANDARDS AND STUDIES
In the event a conflict exists between this Agreement and any agreement between the
City and the County inexistence prior to the effective date of this Agreement.the terms
of this Agreement shall govern the conflict.
14.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
al.1 applicable state or local laws. The County and City retain the ultimate authority for
land use and development decisions within their respective Jurisdictions. By executing
this Agreement,the County and City do not intend to abropate the decision-making
responsibility or police powers vested in them by law.
15.EFFECTIVE DATE,DURATION AND TERMINATION
15.1 Effective Date.This Agreement shall become effective folloWingthe 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.
15.2 Duration.This Agreement shall be in full force and effect through December 31,
2019. If the Parties desire to continue the terms of the Agreement after the
Agreement is set to expire,the Parties may either negotiate a new agreement or
ex1endthis Agreement through the amendment process.
15.3 Termination.Either party may terminate this Agreement uponniUElty (90) days
advance written notice to the otherparty..Nqtwithstanding termination of this
Agreement,the County and City are responsjble for fulfilling any outstanding
obligations under this Agreement incurredprior tothe effective date of the
termination.
16.INDEMNIFICATION AND LIABILITY
16.1 Indemnification of County. The City shallprotect,save harmless,indemnify and
defend,at its own expense,the County, its electedandappointed officials,
officers,employees and agents, from any 105Sor 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 orwillful misconduct of the County, its
elected and appointed officials,officers, employees, or agents.
16.2 Indemnification of City. 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
Intertocal Aqreement Between the City of Marysville and
Snohomish County Providing for the Annexation to the City
of the Area Known as the "Central MarysvilleAnnexatcn"Pursuant
to RCW 35A. 14.460
Central Marysvllie Annexation ILAFinal 6-10·09
Page 8 of 16
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
caused solely by the negligence or willful misconduct of the City, its elected and
appointed officials,officers,employees,or agents.
16.3 Extent of liability. In the event of liability for damages of any natureWhatsoever
arisingouLof the performanqe of this Agreement by the City an9th~()()unty,
includinqclaims by the City's or the County's own officers, officials'iel11ployees,
agents,volunteers,or third parties, caused by or resulting from the concurrent
neqliqence of the Countyand the City,their officers,officials,~mpJoyees and
volunteers,each party's liability hereunder shall be only to the extent ofthat
party's negligence.
16.4 Hold harmless. 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 Chapter
82.02 RCW. The County shall hold the City harmless and defend at its expense .
any legal challenges to the County's requested mitigation or failure by the County
to comply with Chapter 82.02 RCW
SEVERABILITY
of this Agreement or its application
the remainder of the provisions and
earsons or circumstances shall not be affected.
18.OF RIGHTS OR REMEDIES
of either party to exercise any rights or remedies under
waiver of any obligation by either party and shall not
that right at any future time.
RECORDS
P"rti.",shallrnaintain adequate records to uur:;urIH-"
The Parties shall have the right each r&,or'''r,,,,,r')ml~
regard to the subject matter of this Agreement,except
reasonable written notice. Public records will be rpt"inpr!
th~"Interlocal Agreement between.theCity and
Custody,Retention and AccessofPublic RecordsJoliowing
20.ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the Parties concerninqthe
Annexation,except as set forth in Section 10 of this Agreement.
lnlerlocal Agreement Betweenthe CityofMarysvilteand
Snohomish county Providing for the Annexationto the City
ofthe Area Known as the "Central Marysville Annexaton"Pursuant
to RCW35A.14.460
CentralMarysvilleAnnexation ItAFinal 6·10-09
Page 9 0(16
21.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.
22.CONTINGENCY
Tbeobliqatiensof the City and County in this Agreement <Ire contingent on the
<IV{li!{loility 9f fUQ("ls throlJgh legisl<llive appropri<,ltion and alloC<ltion in accordance ""ilh
law.III the.eventfundinqis withdrawn,reduced or limited in any way after the effective
date of this Agreement,the.City or Gounty may terminate the Agreement under
Subsection 19.3 of this Agreement,SUbject to reneqotiation under those new funding
limitations and conditions,
23.FILING
A copy of this Agreement shall be filed with the Marysville City Clerk and recorded with
the Snohomish County Auditor's Office.
24.ADMINISTRATORS AND CONTACTS FOR AGREEMENT
The Administrators and contact persons for this Agreement are:
Gloria Hirashirna
Cornmunlty Development Director
City of Marysville
80 Columbia Avenue
Marysville, WA 98270
(360) 363-8211
Richard Craig
Snohomish County
Department of Planning and Development Services
3000 Rockefeller Ave.
Everett,WA 98201
(425) 388-3311
loterlocalAgreement Between the City of MarysviIJeand
Snohomish County Providing for the Annexation totheCity
ot tbeArea Known as the "Central f,AarysvilleAl1nexalionh Pursuant
to RCW 35A.14A60
CentralMarysville Annexation lLAFinal6~10-09
Page 10 of 16
IN WITNESS WHEREOF. the parties have signed this Agreement, effective on the later
date indicated below.
\'\0-'-\./1 lv\Dated this ci=i-day of ~~20.Qi.
CITY OF MARYSVILLE
BY:
Dennis L.Kendall
Mayor
Date:~/13 /1.11
SNOHOMISH COUNTY
BY:MARK SOINE
~tYEXeCUtiVe
leJ"Aaron Reardon -
'"1.l County Executive
Date:~-,,-ifj.1-_
~~
City:l
ATTEST:AlWtl7YlC(~
Clerk of the County C()UnCil/~'
Approved
Snohomish
form:.
unty Prosecuting
Grant Weed
Attorney for the City of
Marysville
~~(PI/oil!](~~C. Kisielius.
Deputy Prosecuting Attorney for
Snohomish County
COUNCil USE ONLY
Approved:1--/?"'f
Docfile:J)-(
lnterlocal Agreement Betweenthe Cityof Marysville and
Snohomish County Providing fortheAnnexationtothe City
of the Area Known as the"Central MarysvilleAneexaton"Pursuant
to RCW 35A.14.460
Central Marysville Annexation lLA Final 6-10·09
Pagel1of16
@',.:0(:.\r-, I
R::mge 4
Ie;:_
.'~!,,~L_,
.......--.~--
EXHIBIT A -CENTRAL MARYSVILLE ANNEXATION MAP
Central Marysville Annexation 'X'
·;r>-\h>rT'.....,:;~....>t•.
InterlocalAgreement Between the City of Marysville and
Snohomish County Providing for the Annexation to the Cily
of the Area Known as the "Central Marysville Annexaton"Pursuant
to RCW 35Al+.460
Central Marysville Annexation ILAFinaI6~10·09
Page 12 of 16
EXHIBIT B ~SNOHOMISH COUNTY TOMORROW ANNEXATION PRINCIPLES
ThefQllowingprinciplesare intended as a "roadmap"for successful annexations but are
notintendedtorequire cities to annex all UGA lands. The desired outcome will-reduce
*nohornishCounty's current delivery of municipal services within the urban growth9Se<l
while strengthening the County's regional planning and coordinating duties. Likewise;
cities/to\jVnswillexpand their municipal services to unincorporated lands scattered
throU~hoUtthelJc;As in Snohomish County.These principles proposealteringhi~t()ri9al
fun~:Hng<lnd service delivery patterns. All parties recognize that compromises are
necessary.
1. The County and all Snohomish County cities will utilize a six-year time schedule
which will guide annexation goals.This work will be known as the Six Year
Annexatlon Plan.As follow-up to the county's Municipal Urban Growth Area
(MUGA) policies, those cities that have a (MI,JGA)land assignment,should
designate this land assignment a priority.Each jurisdiction shall conduct its
normal public process to ensure that citizens from both the MUGA areas and city
proper are well informed. All Snohomish County cities have the option of opting
in or out of this process. Cities that opt in will coordinate with the county to
establish strategies for a smooth transition of services and revenues for the
annexations proposed in the accepted Six Year Plan.
2.Each city will submit a written report regarding priority of potential annexation
areas to the county council every two years, at which time each city will re-
evaluate its time schedule for annexation.This report will serve as <In update to
the Six Year Annexation Plan.
The report to the county council should be based upon each city's internal
financial analyses dealing with the cost of those annexations identified for action
within the immediate two-year time period. This analysis shall include: current
and future infrastructure needs including,but not be limited to, arterial
roads,surface water management,sewers, and bridges. A special emphasis
should be given to the financing of arterial roads, including historical county
funding and said roads' priority within the county's current 6-year road plan.
Where financing and other considerations are not compelling,the city and county
may "re-visit" the annexation strategies at the next two-year interval.
To facilitate annexation within urban growth areas (UGAs), the host city and the
county may negotiate an Interlocal agreement providing for sub-area planning to
guide the adoption of consistent zoning and development regulations between
the county and the city.Coordination of zoning densities between the county and
the host city may require the revision of land use maps,adoption of transfer
rights or other creative solutions. Upon completion of sub-area planning, if
lnterlocal Agreement Between the Cityof Marysville Clod
Snohomish County Providing for the Annexation 10the City
of the Area Known as the "Central Marysville Annexation"Pursuant
to RCW 35A 14.460
Central-Marysville AnnexationlLAFinal 6-10-09
Page 13 of 16
densities cannot be reconciled, then the issue would be directed to SeT for
review and possible re-assignmentto alternate sites within the UGA.
The Interlocal Agreement would also address development and permit review
and related responsibilities within the UGA, apportioning related application fees
based upon the review work performed by the respective parties, and any other
related matters. The format for accomplishing Permit reviews will be guided in
part by each city's unique staffing resources asreflected in the Interlocal
agreement between the host cltyand the county.
4. The city and the county will evalU$te the financial and service impacts ofan
annexation to both entities, and will collaborate to resolve inequities between
revenues and service provision,The city and county will negotiate on strategies
to ensure thairevenues and serviee requirements are balanced for both the city.
aOd the county. These revenuesharlngand/or service provision strategies shall
be determined byindividual lt.Asto address service operations and capital
implementation strategies.
5. The county and the host city will negotiate With other special taxing districts on
annexation related issues. Strategies for accomplishing these negotiations will
be agreed to by the county aM host city,artdreflected in the host city's
annexation report, (See preceding Principle #2.)
6.To lrnplementtheqoals of the Annexation Principlesreqardinq revenue sharing,
service provision,and permit review transitions,the county and the cities will
consider a variety of strategies and toolsin developing tnterlocal Agreements,
including:
•lnter-jurisdictionaltransfers of revenue, such as property taxes-Real
Estate Excise Taxes (IZEET),storm drainage fees; sales tax on
construction, and retail sates tax. Dedicated accounts may be opened for
thedeposit of funds by mutual agreementby the county and city;
•Service provision agreements,such as contracting for serviceand/or
phasing the transition ofseryice from the county to the city;
•Identifying priority infrastructure improvement areas to facilitate
annexation of areas identified in Six Year AnnexationPlans.
lntertocal AgreementBetween the City of Marysville and
Snohomish County Providing for the Annexation to the City
of theAreaKnown asthe"Central Marysvttle Annexaton'pursuant
to RCW 35A.14,460
Central Marysvine.Annexatlon ILAFjnaI6-10~09
Page 14 of 16
EXHIBIT C -SNOHOMISH COUNTY CODE ("SCC")PROVISIONS
AND SNOHOMISH COUNTY ORDINANCES TO BE ADOPTED BY CITY
A. The following portions of SCC Title 13, entitled ROADS AND BRIDGES:Chapters 13.01,
13.02,13.05,13.10 through 13.70, 13.95, 13.110 and 13.130
B.SCC Title 25, entitled STORM AND SURFACE WATER MANAGEMENT
C. SCC Subtitle 30.2, entitled ZONING AND DEVELOPMENT STANDARDS
D. SCC Chapter 30.41A, entitled SUBDIVISIONS
E.SCC Chapter 30.41B, entitled SHORT SUBDIVISIONS
F. SCC Chapter 30.42B, entitled PLANNED RESIDENTIAL DEVELOPMENTS
G.S.CC Chapter 30.41D, entitled BINDING SITE PLANS
H.SCC Chapter 30.44, entitled SHORELINE MANAGEMENT
I.SCC Chapter 30.51A, entitled DEVELOPMENT IN SEISMIC AREAS
J.SCC Chapter 30.52A, entitled BUILDING CODE
K. SCC Chapter 30.528,entitled MECHANICAL CODE
L.SCC Chapter 30.52C, entitled VENTILATION AND INDOOR AIR QUALITY CODE
M.SCC Chapter 30.52D, entitled ENERGY CODE
N.se ter 30.52E, entitled UNIFORM PLUMBING CODE
O. SCC 30.52F, entitled RESIDENTIAL CODE
P. SCC Ch r 30.52G, entitled AUTOMATIC SPRINKLER SYSTEMS
Q.SCC Chapter 30.53A, entitled FIRE CODE
R.SCC Subtitle 30.6, entitled ENVIRONMENTAL STANDARDS AND MITIGATION
S. SCC Chapter 30.66A, entitled PARK AND RECREATION FACILITY IMPACT
MITIGATION
T. SCC Chapter 30.668,entitled CONCURRENCY AND ROAD IMPACT MITIGATION
U. SCC Chapter 30.66C, entitled SCHOOL IMPACT MITIGATION
V.Ordinance 93-036, entitled SHORELINE MASTER PROGRAM, as amended
Interlocal Agreement Between the City of Marysville and
Snohomish County Providing for the Annexation to the City
of the Area Known as the "Central Marysville Annexation"Pursuant
to RCW 35A.14,460
Central Marysville-Annexation lLA Final 6-10-09
Page 15 of 16
EXHIBIT D -PARKS,OPEN SPACE AND RECREATIONAL FACILITIES
',~.~.
Snohomish County Park Lands
to be Transferred tothe City of Marysville
Exhibit D
'i"i'~~'.';J.,.::~'l""'{
7{~~
-'
\
-
Interlacal Agreement Betweenthe City of Marysville and
Snohomish County Providing tor the Annexation to-the City
of the Area Known-as the "Central Marysville Annexeton'Pursuant
to ReW 35A.14.460
I
I
"./n.,
Mather Nature's V{jndow
..~
Central Marysville Annexation lLAFinaI6-10-09
Page 16 of 16