HomeMy WebLinkAbout2022-12 - An Interlocal Agreement between Douglas County and the City of East Wenatchee for the North-South Annexation. Annex unincorporated aras withing Urban Growth Area, UGA, ILA, City's intent to annex - 5/3/2022City of East Wenatchee Ordinance 2022-12 and Exhibit A
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 5
City of East Wenatchee, Washington
Ordinance No. 2022-12
An Ordinance of the City of East Wenatchee approving an Interlocal Agreement between Douglas County and the City of East Wenatchee for the North-South Annexation providing for severability and an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que aprueba un Acuerdo
Interlocal entre el Condado de Douglas y la Ciudad de East Wenatchee para
la Anexión Norte-Sur que establece la separabilidad y una fecha de entrada
en vigencia
1.Alternate format.
1.1. Para leer este documento en un formato alternativo (español,
Braille, leer en voz alta, etc.), comuníquese con la secretaria de
la Ciudad en alternateformat@eastwenatcheewa.gov, al (509)
884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille,
read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov at (509) 884-9515, or at
711 (TTY).
2.Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to adopt ordinances of all kinds to regulate its
municipal affairs and appropriate to the good government of
the City.
2.2. RCW 35A.14.296 established a process for Washington code
cities to annex unincorporated areas within their Urban Growth
Area (UGA) pursuant to an interlocal agreement ("ILA")
process.
3.Recitals.
3.1. The City of East Wenatchee (“City”) is a non-charter code City
duly incorporated and operating under the laws of the State of
Washington.
City of East Wenatchee Ordinance 2022-12 and Exhibit A
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 5
3.2. The City Council of East Wenatchee (“City Council”) initiated
consideration of an annexation for the area south of 4th St. SE
and west of South Kentucky Ave (Area A). At the request of the
Douglas County Board of Commissioners, the annexation areas
were expanded to include 3 additional areas north of the
existing City Limits (Areas B, C, and D) “Territory”.
3.3. The City and Douglas County (“County”) negotiated and have
drafted an ILA (Exhibit A) that identifies the boundaries, legal
description, revenue sharing, transfer of services, and effective
date of the proposed North-South Annexation.
3.4. On January 31, 2022, written notice of the City's intent to annex the Territories were transmitted to the Douglas County Sewer
District, the East Wenatchee Water District and Douglas County
Fire District #2 affording them the opportunity to be a party to
the ILA. All districts provided letters of support for the
annexation and declined to be a party to the ILA.
3.5. A fact sheet describing the process and providing information
regarding any change in services and including maps of the
proposed annexation area was mailed to residents and property
owners within the annexation Territory on March 17, 2022.
3.6. The City and County established May 3, 2022 as the date of the
joint special public hearing between the City Council and Board
of County Commissioners to consider approval of the ILA.
3.7. In accordance with the provisions of RCW 35A.14.296, notice of
the special public hearing and availability of the ILA was
published in The Wenatchee World and the Empire Press for
four consecutive weeks starting on April 7, 2022. The notice
along with a copy of the ILA and draft ordinances was made
available on the City website starting on April 7, 2022.
3.8. The ILA applies only to the Territories within the North-South
Interlocal Annexation Area identified in Exhibit A.
3.9. The City Council has determined that the area will be liable for
any of the outstanding indebtedness of the City.
3.10. Resolution 2021-35, adopted by the Council on December 7,
2021, established Proposed Zoning Districts for the annexation
areas, consistent with the land use designations in the Greater
East Wenatchee Area Comprehensive Plan.
City of East Wenatchee Ordinance 2022-12 and Exhibit A
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 3 of 5
3.11. Section 7.1 of the ILA notes that all parcels in the annexation
areas with current zoning that allow for residential
development shall maintain a zoning designation that provides
for residential development and not reduce the minimum gross
residential density for those parcels below the density permitted
prior to the annexation, for a minimum of five years.
3.12. The ILA as written meets all other requirements of RCW
35A.14.296.
3.13. The City Council and Board of County Commissioners held a joint special public hearing on May 3, 2022, where the public was afforded the opportunity to provide testimony regarding
the annexation proposal.
3.14. The City Council finds that it is in the best interests of the City
and its citizens to annex the Territories included in the North-
South Annexation Interlocal Agreement.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN
AS FOLLOWS:
4. Purpose. The purpose of this ordinance is to authorize the Mayor to
sign an Interlocal Agreement between Douglas County and the City of
East Wenatchee, attached hereto as Exhibit A, that annexes into the
city those areas within the North-South Interlocal Annexation Area.
5.Recording. The City Council directs the City Clerk to record the
original, fully executed Interlocal Agreement with the Douglas County
Auditor.
6.Severability. If a court of competent jurisdiction declares any
provision in this Ordinance to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Ordinance.
7.Filing Ordinance. A certified copy of this ordinance shall be filed
with the Board of County Commissioners for Douglas County as
required by RCW 35A.14.296(5).
8.Publication. The City Council directs the City Clerk to publish a
summary of this Ordinance. The summary shall consist of the title of
this Ordinance. The City Council directs the City Clerk to publish a
copy of this Ordinance on the City’s website.
9.Effective Date. The effective date of the annexation is June 30,
2022.
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 1 of 13
Filed for and Return to:
Maria Holman
City Clerk
City of East Wenatchee
271 9th St. NE
East Wenatchee, WA 98802
The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, and is not to be relied upon for any other purpose and shall not affect the intent of any warranty contained in the document itself.
Document Title: Interlocal Cooperation Agreement Between the City of East Wenatchee and Douglas County for Annexation of Certain Areas into the City.
Grantor(s): City of East Wenatchee and Douglas County
Grantee(s): City of East Wenatchee and Douglas County
Reference Number(s) of Document Related, Assigned or Released: 3040321
Abbreviated Legal Description Not applicable
Complete Legal Descriptions of Annexation Territories on pages ___of Document
Assessor's Parcel Number:Not applicable
Filed with the Auditor pursuant to RCW 39.34.040
Exhibit - A
Exhibit A - Ordinance 2022-12
Page 1 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 2 of 13
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF EAST WENATCHEE AND DOUGLAS COUNTY
FOR THE ANNEXATION OF CERTAIN AREAS INTO THE CITY.
1. Parties. This Interlocal Agreement (“Agreement”), is made by and between the City of East Wenatchee ("City"), a Washington Municipal Corporation and a non-charter code city and Douglas County ("County"), a political subdivision of the State of Washington.
2. Authority.
2.1. Chapter 39.34 RCW Interlocal Cooperation Act authorizes a public agency to enter into an agreement with another public agency for joint or cooperative action.
2.2. In March 2020, the State Legislator passed SB 5522, amending Chapter 35A.14 RCW to create a new method of annexation for code cities. Under this method
RCW 35A.14.296 states, "The county legislative authority of a county and the governing body of a code city may jointly initiate an annexation process for unincorporated territory by adopting an interlocal agreement
2.3. The County and City are required to plan under chapter 36.70A RCW.
2.4. The County has designated an Urban Growth Area for the City as required by the Growth Management Act (“GMA) in RCW 36.70A.110.
3. Clauses Required by RCW 39-34.030(3).
3.1. Purpose. See Section 4.
3.2. Duration. See Section 5.
3.3. Organization of separate entity and its powers. This Agreement does not create a new or separate legal entity.
3.4. Responsibilities of the Parties. See Sections below.
3.5. Filing and Recording of Agreement. The City will file this Agreement with the
Douglas County Auditor. Also, the City will place a copy of this Agreement on its website.
3.6. Financing. Each Party is responsible for the financing of its contractual obligations under its normal budgetary process.
3.7. Termination. See Section 5.
4. Recitals
4.1. Cities are the units of local government most appropriate to provide urban governmental services.
Exhibit A - Ordinance 2022-12
Page 2 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 3 of 13
4.2. Contemplated changes in the City's boundaries are intended to assure (1) that which is urban should be municipal; (2) implicit in RCW 36.70A.110(4) is the principle that incorporations and annexations must occur; and (3) one of the fundamental purposes of Growth Management Act comprehensive plans is to
achieve the transformation of local governance within an urban growth area such that cities are the primary providers of urban services. Further, annexation and transformance of governance within an Urban Growth Area should occur as soon as possible and before urban infrastructure is extended and before urban development occurs.
4.3. The parties find that the City's annexation of an unincorporated area within urban growth area will be more efficient and effective if the county and city develop a jointly approved interlocal agreement, so as not to create illogical boundaries or islands of unincorporated territory.
4.4. The parties find that the City's annexation of an unincorporated area within urban growth area will be more efficient and effective if the county and city develop a jointly approved interlocal agreement so that a logical transition of services will occur.
4.5. The City and County adopted the Douglas County Regional Policy Plan, which
contains policies stipulating that consistent regulations and development standards are to be developed for the Urban Growth Area (“UGA”) and provides for joint review of development proposals within the UGA.
4.6. The Greater East Wenatchee Area Comprehensive Plan ("GEWA Plan") has been
duly adopted by each respective jurisdiction.
4.7. The City and County recognize the need to facilitate and/ or coordinate the proper transition of services and capital projects at the time of annexation.
4.8. The GEWA Plan recommends the development of interlocal agreements to
address the distribution of debt and revenue sharing for annexation proposals.
4.9. Pursuant to this Agreement, the City will annex the unincorporated Territories as follows:
Area “A” as depicted in the attached Exhibit A and also legally described in the attached Exhibit A1.
Area “B” as depicted in the attached Exhibit B and also legally described in the attached Exhibit B1.
Area “C” as depicted in the attached Exhibit C and also legally described in the attached Exhibit C1.
Area “D” as depicted in the attached Exhibit D and also legally described in the attached Exhibit D1.
Exhibit A - Ordinance 2022-12
Page 3 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 4 of 13
4.10. The City and County agree that annexation of the Territories will have a financial impact on the County and on the City.
4.11. This Agreement outlines a funding arrangement to mitigate the financial impact on the County.
4.12. On January 31, 2022, the City provided the East Wenatchee Water District with written notice of the City's intent to annex the Territories.
4.13. On January 31, 2022, the City provided the Douglas County Sewer District with written notice of the City's intent to annex the Territories.
4.14. On January 31, 2022, the City provided the Douglas County Fire District #2 with
written notice of the City's intent to annex the Territories.
4.15. The City published a Notice of Availability of this Agreement on April 7, 2022 at eastwenatcheewa.gov. The Notice described where the public could review the document and the territories to be annexed.
4.16. The City published a Notice of Special Public Hearing and Notice of Availability of this Agreement in the Wenatchee World once a week for four weeks, specifically on April 7, 14, 21, and 28, 2022. The Notice described where the public could review the document and the territories to be annexed.
4.17. The County published a Notice of Special Public Hearing and Notice of Availability of this Agreement in the Empire Press once a week for four weeks, specifically on April 7, 14, 21, and 28, 2022. The Notice described where the public could review the document and the territories to be annexed.
4.18. On May 3, 2022, at the East Wenatchee City Hall, 271 9th St. NE, East Wenatchee,
WA 98802 at 6:00 p.m the East Wenatchee City Council and the Douglas County Commissioners held a joint special public hearing on this Agreement. At this hearing, the public was afforded an opportunity to be heard.
5. Term.
5.1. The term of this Agreement shall commence upon its approval by the governing body and execution by the duly authorized official of each of the parties, and shall expire on January 31, 2026 together with receipt of final payment.
5.2. The annexation(s), together with any provisions for the assumptions of indebtedness, and special annexation requirements, and completion of city and
county obligation shall take effect on June 30, 2022, which shall be the date set in the annexation ordinance.
5.3. Pursuant to this Agreement, the County and City shall approve the content, terms and conditions of the annexation ordinance as set forth in attached Exhibit “E” of
this Agreement.
Exhibit A - Ordinance 2022-12
Page 4 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 5 of 13
6. Annexation.
6.1. Boundaries. The City and the County agree that the depicted boundaries of the annexed Territories are set forth in attached exhibits.
6.2. Annexation of Right of Way and Maintenance. The City and County agree that the
entire right of way for all streets and roads adjacent to land proposed to be annexed shall be made part of the annexation. As of the effective date of the annexation, the City shall assume responsibility for the maintenance of all streets, roads, and trails, including associated infrastructure such as storm water drainage, illumination, and traffic control markings and devices within the annexed
area.
6.3. Public Hearing. The parties have scheduled a special public hearing on this Agreement on May 3, 2022 at East Wenatchee City Hall, 271 9th St. NE, East Wenatchee, WA 98802 at 6:00 p.m.
6.4. Annexation Ordinance. After the public hearing and all City and County obligations have been satisfied, the East Wenatchee City Council will adopt an ordinance to affect the annexation.
6.5. Filing. Before June 30, 2022, the East Wenatchee City Clerk will file a certified copy of the Annexation Ordinance with the Douglas County Clerk of the Board.
7. Obligations of the City.
7.1. Zoning. For a period of five years after the annexation of the territory any parcel zoned for residential development within the annexed area, the City shall: (a) Maintain a zoning designation that provides for residential development; and (b)
Not have its minimum gross residential density reduced below the density allowed for by the zoning designation for that parcel prior to annexation.
7.2. Enforcement of Standards and Conditions. Following the effective date of an annexation, the City agrees to enforce, to the extent deemed legally enforceable
by the City, applicable standards and any conditions imposed relating to the issuance of a building or land use permit prior to annexation. The County agrees to make its employees available to provide assistance in the interpretation of conditions and applicable standards.
7.3. Permit Renewal or Extension. Any request to renew a building permit or to renew
or extend a land use permit after the effective date of the annexation shall be made to and administered by the City.
7.4. Regional Stormwater Management Systems. Upon the effective date of annexation, the City will assume all ownership rights and responsibilities of any
drainage improvements or facilities owned by the County. This provision, however, does not apply to any drainage improvements or facilities associated with a public building or property owned by the County.
Exhibit A - Ordinance 2022-12
Page 5 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 6 of 13
7.5. Police Services. As provided by law, as of the effective date of an annexation, police service responsibility within the annexed area will transfer to the City.
7.6. Apple Capital Loop Trail. Within 120 days of the effective date of annexation, the City shall enter into a Trail Lease, replacing the current Trail Lease (IC 2-09-
06212, AA 2-11262), for WSDOT for trail segments located within the annexation area, but owned by WSDOT. If the City is unable to successfully enter into a Trail Lease with WSDOT within 120 days of the effective date of annexation, the City within 60 days after the 120 days of effective date of annexation shall enter into an interlocal agreement with the County for maintenance, operation and liability
of the Trail in perpetuity.
7.7. City shall coordinate with a Washington State Licensed Surveyor for the preparation of necessary documents including legal description and map of the proposed Territory “A” to be annexed as depicted in attached exhibits. All cost
associated with surveyor legal descriptions, maps, exhibit preparation, document (deed) preparation and recording shall be paid for by the City.
7.8. The City shall be responsible for all work associated with the state Office of Financial Management certification process, Douglas County Auditor and
Assessor certification process including transmittal of the legal descriptions and
maps, property parcel numbers and the door to door enumeration of housing and population in the Annexed Territories.
7.9. City recognized that capital expenditures on transportation and storm water system elements; including, but not limited to roads, drainage systems,
illumination, signal systems, retaining structures, and bridges represent significant investments in public infrastructure that have a long service life. City also recognize that the investment in capital infrastructure are critical to a well-function transportation system and that any delays in needed improvements can
accelerate the degradation of systems components and results in significant declines in public servicing. To ensure a well-functioning transportation system and maintaining expected levels of public service the City agrees to reimbursement the County for actual expenditures (excluding all grant funds) on capital improvements in accordance with the following formula:
Reimbursement (linear project) = ((Jurisdictional Project Proration) * Total Project Expenditures * (Remaining Project Life / Total Project Life)).
7.10. Revenue Sharing of Sales & Use Tax. The City recognizes that the annual County budget, particularly for Current Expense, relies upon revenues from taxes
generated within the unincorporated area. The City also recognizes that the role of the County as the regional governmental service provider continues even after annexation. This section provides a revenue sharing formula intended to reduce the adverse financial impact on the County as a result of annexation. The City will
compensate the County a total of $1.5 Million. The City will pay the County as follows:
Exhibit A - Ordinance 2022-12
Page 6 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 7 of 13
• Before January 31, 2023, the City will pay the County $375,000.00. • Before January 31, 2024, the City will pay the County $375,000.00. • Before January 31, 2025, the City will pay the County $375,000.00. • Before January 31, 2026, the City will pay the County $375,000.00
8. Obligations of the County.
8.1. List of Permits. Thirty (30) working days prior to the effective date of the annexation, the County will prepare and send to the City a list detailing the status of all active applications and permits on properties located within a proposed annexation area.
8.2. List of Permits. Within fifteen (15) working days after the effective date of the annexation, the County will prepare and send to the City a final list detailing the status of all active applications and permits on properties located within the proposed annexation area.
8.3. Transfer of Permits. The City and County will review the list of applications and permits and agree to transfer to the City all applications that have not been determined to be complete prior to the effective date of annexation.
8.4. Transfer of Incomplete Applications. Within thirty (30) days after the effective date
of the annexation the County shall refer permit applicant(s) and applications to the City for processing. The parties shall work in good faith to work with citizens for processing of minor permits, such as fence permits, and small retaining wall permits.
8.5. Transfer of rights-of way and Stormwater Management Systems within rights-of-
way. Within thirty (30) working days of the effective date of the Annexation, the County will transfer ownership of all rights-of-way within the Territories to the City via annexation ordinance or statutory warranty deeds.
8.6. Transfer of Stormwater Management Facilities/Systems. Within forty-five (45)
working days of the effective date of the Annexation, the County will begin the process of transfer of ownership of all drainage facilities/system owned by the County within the Territories to the City via statutory warranty deeds.
8.7. Stormwater Utility Service Charge. The County will invoice parcels within the
proposed annexation areas in accordance with DCC 19.40.220 for the Calendar year 2022, at the County assessment rate. Douglas County shall retain the 2022 Calendar year storm water utility service charges received.
8.8. County owned parcels which contain the Apple Capital Loop Trail and associated Trail Heads shall be transferred to the City. Within thirty (30) working days of the
effective date of annexation, the City shall take over operation and maintenance of the Apple Capital Loop Trail segments and trailheads including stormwater facilities.
Exhibit A - Ordinance 2022-12
Page 7 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 8 of 13
8.9. Transfer of Financial Guarantees. All financial guarantees (e.g. performance bonds, mitigation funds, maintenance bonds or other bonds or sureties) required for a building permit, land use permit or enforcement action shall be transferred or assigned to the City after the effective date of the annexation. If the financial
guarantee cannot be assigned to the City, the County will enforce the provisions of such guarantee on behalf of the City in accordance with this Agreement. The City shall have sole discretion over the acceptance of required performance and the release of said guarantees.
8.10. Continued administration of building permits. The County shall continue to
administer building permits for applications deemed complete prior to the effective date of the annexation.
8.11. Continued administration of subdivisions, short plats, and binding site plans, (development). The County shall continue to administer applications, which have
been determined to be complete, for all preliminary plats, preliminary short plats, binding site plans or other land use permits submitted to the County before the effective date of annexation.
8.12. Phased development, projects that are phased and have not been approved for
construction by the County shall be forwarded to the City for processing.
8.13. Dedications, deeds or conveyances. If a dedication for public use (or easements) is to be made after the effective date of the annexation, such dedication shall be transmitted to the City for review and a determination of acceptance.
8.14. Final approval of subdivision, short plat and binding site plan (development). All
final plats, short plats, binding site plans or other developments submitted after the effective date of annexation shall be submitted to the responsible officials designated in the City Municipal Code for a determination of acceptance.
8.15. Code Enforcement. For purposes of this Agreement, "Code Enforcement" means
ensuring compliance with the International Building Code (including without limitation Building, Mechanical, Fire, Energy), Uniform Plumbing Code, Zoning Ordinance, Development Standards, Shoreline Master Program, Subdivision Code, ROW Violations, Stormwater, and Critical Areas Ordinance.
8.16. Continuation of code violation cases. Active code violation cases 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, if necessary and at no cost to the City, in order to prosecute transferred cases.
8.17. Compliance Agreements. When a compliance agreement is being negotiated on property within an area included in the proposed annexation Territories, the County shall inform the City Code Enforcement Officer. The City may, at its option, be a party to the development of the compliance agreement.
Exhibit A - Ordinance 2022-12
Page 8 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 9 of 13
8.18. Records Transfer. All original files for building, land use permits, and other development permits within an annexation area shall remain in the custody of the County. The City may copy files on their own equipment or agree to pay for the cost of copying any requested records.
8.19. County shall coordinate with a Washington State Licensed Surveyor for the preparation of necessary documents including legal description and map of the proposed Territory “B”, “C” and “D” to be annexed as depicted in attached exhibits of this Agreement. All cost associated with surveyor legal descriptions, maps, exhibit preparation, document (deed) preparation, and recording shall be paid for
by the County.
9. Criminal Justice Services
9.1. All misdemeanor crimes that occur within an annexation area prior to the effective date of annexation shall be considered crimes within County jurisdiction for the
purposes of determining financial responsibility for criminal justice system services, including, but not limited to, prosecution, court costs, jail fees and services, assigned counsel, jury and witness fees, restitution, and interpreter costs, as applicable.
9.2. After the effective date of the annexation, the County shall continue, at its cost
and expense, to prosecute such crimes to completion in accordance with County prosecution policies.
9.3. On and after the effective date of the annexation, all misdemeanor crimes that occur in annexed areas shall be considered crimes within the jurisdiction of the
City for purposes of determining financial responsibility for any such criminal justice system services.
10. Venue. The venue for any legal dispute regarding this Agreement is Chelan County Superior Court.
11. Dispute Resolution. The parties mutually intend to establish procedures to facilitate the informal and inexpensive resolution of all disputes arising under this Agreement, by mutual cooperation and without resort to litigation. Accordingly, all disputes involving this transaction, or between the parties hereto with respect to the subject matter hereof, must be resolved in a final and binding manner in accordance with the following procedures.
Whether or not mediation/arbitration is under way, any party may have full access to the courts to compel compliance with the provisions of this Article and to enforce or confirm an arbitration award.
11.1. Notice. Any notices to be given under this Agreement shall be personally served
to or shall be mailed, postage prepared, to:
The City: Maria Holman
City Clerk 271 9th Street NE
Exhibit A - Ordinance 2022-12
Page 9 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 10 of 13
East Wenatchee, WA. 98802 cityclerk@eastwenatcheewa.gov
The County: Tiana Rowland Clerk of the Board
P.O. Box 747 Waterville, WA. 98858-0747 trowland@co.douglas.wa.us
11.2. Negotiation. The parties agree to first attempt to negotiate a mutually satisfactory
resolution to the dispute as follows:
11.2.1. The complaining party must notify (in the manner required in this Agreement) the other parties of the alleged dispute, controversy, claim or breach of Agreement (hereinafter "Dispute”) by explaining in writing
the nature of the Dispute, and referring to the relevant paragraphs of
this Agreement upon which it bases its position regarding the Dispute. The complaining party must also set forth in such notice a proposed solution to the Dispute;
11.2.2. The parties receiving such notice must respond by notice individually to
the complaining party within twenty days of receiving the complaining party's notice, with an explanation of its defensive position, if any, including references to the relevant paragraphs of the Agreement and a response to the proposed solution; and
11.2.3. Within twenty (20) days following notice of this defensive response, the parties must meet and discuss options for resolving the Dispute; the complaining party must initiate the scheduling of this resolution meeting. In the event a party fails to cooperate in scheduling the resolution meeting, then the complaining party may elect to skip the negotiation
and mediation procedures and immediately proceed with arbitration.
11.2.4. Mediation. If the parties are unable to satisfactorily resolve the Dispute through such negotiation, mediation must be held within thirty days of an unsuccessful resolution meeting. The mediation will be governed by and under the then-applicable rules of JAMS/Endispute ("JAMS") in
Chelan County. The complaining party must contact JAMS to schedule the mediation. The parties may agree on a mediator from the JAMS panel. If they are unable to agree, the parties will request JAMS to designate a mediator for the Parties.
12. No Third-Party Beneficiaries. The parties entered into this Agreement for the benefit of the City and of the County and not for the benefit of any third parties.
13. General Provisions.
Exhibit A - Ordinance 2022-12
Page 10 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 11 of 13
13.1. Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No prior statements or agreements, whether oral or written, are effective for any purpose. Should any language in any
Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement prevail. The respective captions contained in this Agreement are inserted for convenience of reference only and do not modify or otherwise affect any of the provisions of this Agreement. If a provision of this Agreement is declared invalid, inoperative, null and void, or illegal, all other provisions of this
Agreement remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is known by the other party and is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement.
Neither party may amend, waive, or modify a provision of this Agreement, except by written agreement signed by duly authorized representatives of the Parties.
13.2. Assignment and Beneficiaries. Neither the County nor the City has the right to transfer or assign, in whole or in part, any or all of its obligations and rights
hereunder without the prior written consent of the other Party. If the nonassigning
party gives its consent to any assignment, the terms of this Agreement continue in full force and effect and no further assignment may be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties inure to the benefit of and be binding upon their respective successors in interest,
heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity has any right of action or interest in this Agreement based on any provision set forth herein.
13.3. Compliance with Laws. Both parties agree to comply with and perform the
Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City and County codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective.
13.4. Enforcement. Any remedies provided for under the terms of this Agreement are
not intended to be exclusive but are cumulative with all other remedies available to either party at law, in equity or by statute. The failure of either party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more
instances is not a waiver or relinquishment of those covenants, agreements or options, and the same remain in full force and effect. Failure or delay of either party to declare any breach or default immediately upon occurrence does not waive such breach or default. Failure of either party to declare one breach or
default does not act as a waiver of either parties right to declare another breach or default.
13.5. Personal Liability. The parties agree that no official, officer, employee, or agent of the City or County is in any way liable or responsible for any covenant or
Exhibit A - Ordinance 2022-12
Page 11 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 12 of 13
Agreement herein contained whether express or implied, nor for any statement of representation made herein or in any connection with this Agreement.
13.6. Attorney's Fees. If either Party brings any claim or lawsuit arising from this Agreement, each Party must pay all its legal costs and attorney's fees and
expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law.
13.7. Survivability. If any part of this Agreement is found, or deemed by a court of competent jurisdiction, to be invalid or unenforceable, that part shall be severable from the remainder of the Agreement.
Exhibit A - Ordinance 2022-12
Page 12 of 28
East Wenatchee / Douglas County Annexation Interlocal Agreement (5-02-2022) Page 13 of 13
City of East Wenatchee
Approved and adopted by the City Council for the City of East Wenatchee this day of , 2022.
By Jerrilea Crawford, Mayor
Attest:
Maria Holman, City Clerk
Approved as to form:
Sean Lewis, Assistant City Attorney
Board of County Commissioners, Douglas County, Washington
Approved and adopted by the Board of County Commissioners for Douglas County this day of ,
2022.
By Marc S. Straub, Chair
By Dan Sutton, Vice-Chair
By Kyle Steinburg, Member
Attest:
Tiana Rowland, Clerk of the Board
Approved as to form:
Jim Mitchell, Civil Deputy Prosecuting
Attorney, WSBA 31031
Exhibit A - Ordinance 2022-12
Page 13 of 28
Area A
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.4/5/2022
North-South Annexation Areas - Index Map
Area D
Legend
Annexation
North-South Annex Area
City Limits
Parcel Boundaries
Urban Growth BoundaryColumbiaRi
v
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Area C
Exhibit A - Ordinance 2022-12 Page 14 of 28
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.4/5/2022
North-South Annexation: Exhibit AS. Kentucky Area
Legend
Annexation
North-South Annex Area
City Limits
Parcel Boundaries
Urban Growth Boundary
ColumbiaRiver
Exhibit A - Ordinance 2022-12 Page 15 of 28
2022-12
Exhibit A - Ordinance 2022-12 Page 16 of 28
Exhibit A - Ordinance 2022-12 Page 17 of 28
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.4/5/2022
North-South Annexation: Exhibit B10th St. NE Area
Legend
Annexation
North-South Annex Area
City Limits
Parcel Boundaries
Urban Growth Boundary
Exhibit A - Ordinance 2022-12 Page 18 of 28
Exhibit A - Ordinance 2022-12 Page 19 of 28
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.4/5/2022
North-South Annexation: Exhibit CSand Canyon Area
Legend
Annexation
North-South Annex Area
City Limits
Parcel Boundaries
Urban Growth Boundary
Area C
Exhibit A - Ordinance 2022-12 Page 20 of 28
Exhibit A - Ordinance 2022-12 Page 21 of 28
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City of East Wenatchee
This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map.4/5/2022
North-South Annexation: Exhibit DStoneridge Area
Area D
Legend
Annexation
North-South Annex Area
City Limits
Parcel Boundaries
Urban Growth BoundaryStoner
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Driv
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Exhibit A - Ordinance 2022-12 Page 22 of 28
Exhibit A - Ordinance 2022-12 Page 23 of 28
City of East Wenatchee Ordinance 2022-12 and Exhibit A
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 5
City of East Wenatchee, Washington
Ordinance No. 2022-12
An Ordinance of the City of East Wenatchee approving an Interlocal Agreement between Douglas County and the City of East Wenatchee for the North-South Annexation providing for severability and an effective date.
Una Ordenanza de la Ciudad de East Wenatchee que aprueba un Acuerdo
Interlocal entre el Condado de Douglas y la Ciudad de East Wenatchee para
la Anexión Norte-Sur que establece la separabilidad y una fecha de entrada
en vigencia
1. Alternate format.
1.1. Para leer este documento en un formato alternativo (español,
Braille, leer en voz alta, etc.), comuníquese con la secretaria de
la Ciudad en alternateformat@eastwenatcheewa.gov, al (509)
884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille,
read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to adopt ordinances of all kinds to regulate its
municipal affairs and appropriate to the good government of
the City.
2.2. RCW 35A.14.296 established a process for Washington code
cities to annex unincorporated areas within their Urban Growth
Area (UGA) pursuant to an interlocal agreement ("ILA")
process.
3. Recitals.
3.1. The City of East Wenatchee (“City”) is a non-charter code City
duly incorporated and operating under the laws of the State of
Washington.
Exhibit E Exhibit A - Ordinance 2022-12 Page 24 of 28
City of East Wenatchee Ordinance 2022-12 and Exhibit A
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 5
3.2. The City Council of East Wenatchee (“City Council”) initiated
consideration of an annexation for the area south of 4th St. SE
and west of South Kentucky Ave (Area A). At the request of the
Douglas County Board of Commissioners, the annexation areas
were expanded to include 3 additional areas north of the
existing City Limits (Areas B, C, and D) “Territory”.
3.3. The City and Douglas County (“County”) negotiated and have
drafted an ILA (Exhibit A) that identifies the boundaries, legal
description, revenue sharing, transfer of services, and effective
date of the proposed North-South Annexation.
3.4. On January 31, 2022, written notice of the City's intent to annex the Territories were transmitted to the Douglas County Sewer
District, the East Wenatchee Water District and Douglas County
Fire District #2 affording them the opportunity to be a party to
the ILA. All districts provided letters of support for the
annexation and declined to be a party to the ILA.
3.5. A fact sheet describing the process and providing information
regarding any change in services and including maps of the
proposed annexation area was mailed to residents and property
owners within the annexation Territory on March 17, 2022.
3.6. The City and County established May 3, 2022 as the date of the
joint special public hearing between the City Council and Board
of County Commissioners to consider approval of the ILA.
3.7. In accordance with the provisions of RCW 35A.14.296, notice of
the special public hearing and availability of the ILA was
published in The Wenatchee World and the Empire Press for
four consecutive weeks starting on April 7, 2022. The notice
along with a copy of the ILA and draft ordinances was made
available on the City website starting on April 7, 2022.
3.8. The ILA applies only to the Territories within the North-South
Interlocal Annexation Area identified in Exhibit A.
3.9. The City Council has determined that the area will be liable for
any of the outstanding indebtedness of the City.
3.10. Resolution 2021-35, adopted by the Council on December 7,
2021, established Proposed Zoning Districts for the annexation
areas, consistent with the land use designations in the Greater
East Wenatchee Area Comprehensive Plan.
Exhibit E Exhibit A - Ordinance 2022-12 Page 25 of 28
City of East Wenatchee Ordinance 2022-12 and Exhibit A
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 3 of 5
3.11. Section 7.1 of the ILA notes that all parcels in the annexation
areas with current zoning that allow for residential
development shall maintain a zoning designation that provides
for residential development and not reduce the minimum gross
residential density for those parcels below the density permitted
prior to the annexation, for a minimum of five years.
3.12. The ILA as written meets all other requirements of RCW
35A.14.296.
3.13. The City Council and Board of County Commissioners held a joint special public hearing on May 3, 2022, where the public was afforded the opportunity to provide testimony regarding
the annexation proposal.
3.14. The City Council finds that it is in the best interests of the City
and its citizens to annex the Territories included in the North-
South Annexation Interlocal Agreement.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN
AS FOLLOWS:
4. Purpose. The purpose of this ordinance is to authorize the Mayor to
sign an Interlocal Agreement between Douglas County and the City of
East Wenatchee, attached hereto as Exhibit A, that annexes into the
city those areas within the North-South Interlocal Annexation Area.
5. Recording. The City Council directs the City Clerk to record the
original, fully executed Interlocal Agreement with the Douglas County
Auditor.
6. Severability. If a court of competent jurisdiction declares any
provision in this Ordinance to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Ordinance.
7. Filing Ordinance. A certified copy of this ordinance shall be filed
with the Board of County Commissioners for Douglas County as
required by RCW 35A.14.296(5).
8. Publication. The City Council directs the City Clerk to publish a
summary of this Ordinance. The summary shall consist of the title of
this Ordinance. The City Council directs the City Clerk to publish a
copy of this Ordinance on the City’s website.
9. Effective Date. The effective date of the annexation is June 30,
2022.
Exhibit E Exhibit A - Ordinance 2022-12 Page 26 of 28
City of East Wenatchee Ordinance 2022-12 and Exhibit A
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 4 of 5
Passed by the City Council of East Wenatchee, at a regular meeting thereof
on this __________ day of ______________________________,
2022.
The City of East Wenatchee,
Washington
By _________________________________
Jerrilea Crawford, Mayor
Authenticated:
_____________________________________
Maria Holman, City Clerk
Approved as to form only:
_____________________________________
Sean Lewis, Assistant City Attorney
Filed with the City Clerk: 4/27/2022
Passed by the City Council: __________
Published: __________
Effective Date: 6/30/2022
Exhibit E Exhibit A - Ordinance 2022-12 Page 27 of 28
City of East Wenatchee Ordinance 2022-12 and Exhibit A
Retain Ordinance until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 5 of 5
Summary of
City of East Wenatchee, Washington
Ordinance No. 2022-12
On the _____ day of _______________________________, 2022,
the City Council of the City of East Wenatchee, Washington approved
Ordinance No. 2022-12, the main point of which may be summarized by its
title as follows:
An Ordinance of the City of East Wenatchee approving an Interlocal
Agreement between Douglas County and the City of East Wenatchee for the
North-South Annexation providing for severability and an effective date.
The full text of this Ordinance will be mailed upon request.
Dated this ______ day of ___________________________, 2022.
_____________________________
Maria Holman, City Clerk
Exhibit E Exhibit A - Ordinance 2022-12 Page 28 of 28