2020/09/16 Council Agenda Packet

7.2 Taxes, fees, rates, charges and other monetary adjustments. The City recognizes that service charges are collected by the County for unincorporated areas within the County's Surface Water Management Utility District. Surface water management service charges are collected 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 Title 25 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 surface water services designated in that year's budget. These services, which do not include servicing of drainage systems in road right-of-way, 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. If the City intends for the County to continue providing surface water services beyond the calendar year after the Annexation, a separate interlocal agreement must be negotiated between the Parties. 7.3 Compliance with National Pollutant Discharge Elimination Svstem (NPDES Municipal Stormwater Permit. The Parties acknowledge that upon the effective date of the Annexation, the Annexation Area will become subject to the requirements of the City's Phase II NPDES Municipal Stormwater Permit, and will no longer be subject to the requirements of the County's Phase I NPDES Municipal Stormwater Permit. Notwithstanding the County's continued provision of stormwater management services in the Annexation Area pursuant to Subsection 7.2, the City expressly acknowledges, understands and agrees that from and after the effective date of the Annexation (i) the City shall be solely responsible for ensuring the requirements of the City's NPDES Permit are met relating to the Annexation Area, and (ii) any stormwater management services the County continues to provide in the Annexation Area pursuant to Subsection 7.2 will not be designed or intended to ensure or guarantee compliance with the requirements of the City's Phase II NPDES Permit. 7.4 Access during remainder of calendar year in which the Annexation occurs. To ensure the County is able to promptly and efficiently perform surface water management services in the Annexation Area after the effective date of the Annexation, as described in Subsection 7.2, the City shall provide the County with reasonable access to all portions of the Annexation Area in which such services are to be performed. Reasonable access shall include, by way of example and not by way of limitation, the temporary closing to traffic of streets, or portions thereof, if such closing is reasonably necessary to perform the service at issue. INTERLOCAL AGREEMENT Page 10 of 21 BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY August 19, 2020 CONCERNING THE SMITH ISLAND WEST ANNEXATION PURSUANT TO RCW 35,13,470