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permit application, the County shall transfer all materials relating to the pending <br />permit application to the City. After such transfer, the City shall perform all <br />remaining permit review, approval, and issuance activities. <br />5.6.4 Administrative appeals. Notwithstanding anything to the contrary contained in <br />Subsection 5.6.3, the Parties agree that it is not desirable for the County's quasi- <br />judicial hearing officers or bodies to act as agents for the City for the purposes of <br />hearing and deciding administrative appeals of permit decisions on behalf of the <br />City, but it is also not desirable to disrupt an administrative appeal that is already <br />in progress on the effective date of the Annexation. Accordingly, if the permit <br />review phase that was in progress on the effective date of the Annexation was an <br />administrative appeal of a decision made by the County, then that administrative <br />appeal shall be handled as follows: <br />(i) If the appeal hearing has not yet occurred as of the effective date of the <br />Annexation, then all materials related to the appeal shall be transferred to <br />the City as soon as reasonably possible after the effective date of the <br />Annexation and the appeal shall be handled by the City pursuant to the <br />procedures specified in the City's municipal code. The County agrees that <br />it shall reasonably make its employees available as witnesses at no cost <br />to the City if necessary to provide assistance to the City on appeals for <br />decisions that were made by the County prior to the effective date of the <br />Annexation; <br />(ii) If the appeal hearing has already occurred as of the effective date of the <br />Annexation, but no decision has yet been issued by the County's quasi- <br />judicial hearing officer or body, then the County's quasi-judicial hearing <br />officer or body shall act as an agent for the City and issue a timely <br />decision regarding the administrative appeal on behalf of the City; or <br />(iii) If a decision regarding the administrative appeal was issued by the <br />County's quasi-judicial hearing officer or body prior to the effective date of <br />the Annexation, but a timely request for reconsideration was properly filed <br />with the County prior to the effective date of the Annexation, then the <br />County's quasi-judicial hearing officer or body shall act as an agent for the <br />City and issue a timely decision on reconsideration on behalf of the City. <br />Effect of decisions by the County regarding permit review phases. The City shall <br />respect and give effect to all decisions made in the ordinary course by the <br />County regarding those permit review phases, as defined in Subsection 5.1, for a <br />pending permit application within the Annexation Area that are completed by the <br />County prior to the effective date of the Annexation, or on behalf of the City after <br />the effective date of the Annexation. Nothing herein shall deny the City its right <br />to appeal, or continue an existing appeal, of any appealable decision made by <br />the County prior to the effective date of the Annexation. <br />INTERLOCAL AGREEMENT Page 5 of 21 <br />BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY August 19, 2020 <br />CONCERNING THE SMITH ISLAND WEST ANNEXATION <br />PURSUANT TO RCW 35,13,470 <br />