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Decision: <br /> Deny the appeal and affirm mitigation requirements with regard to the above issue. <br /> SECTION 26: SCHEDULING OF NEEDED IMPROVEMENTS <br /> Findings: <br /> • Impacts and mitigation were identified by the City in areas outside of the City's <br /> jurisdiction as required by SEPA. Less than 16 percent of transportation mitigation funds <br /> were identified for Everett mitigation; 84 percent was earmarked for other jurisdictions. <br /> • Boeing's fair share contribution to improvements will be available to the affected <br /> jurisdictions in accordance with the Decision Document and the interlocal agreements <br /> required therein. Flexibility in the use of mitigation money is provided in conformance <br /> with SEPA and the Decision Document. <br /> • Monies allocated to mitigate Boeing Expansion impacts necessarily must be spent on <br /> mitigation measures which address impacts identified in the environmental review and <br /> not on other projects of the jurisdictions' choosing. <br /> • The Decision Document directs that interlocal agreements be prepared to arrange for the <br /> implementation of improvements. <br /> • The Decision Document also permits flexibility in the way projects are implemented. <br /> Agreements may be arranged to reflect State, County and other jurisdictions' priorities <br /> and schedules (see Decision Document pg 35-36). <br /> • The City identified impacts and mitigation beyond its jurisdictional boundaries and has <br /> provided a mechanism in the Decision Document for reaching interlocal agreements with <br /> affected jurisdictions to carry out the required mitigation. <br /> Conclusions: <br /> • It is not within the authority, nor the responsibility, of Everett to prioritize or schedule <br /> needed improvements in other jurisdictions. <br /> • The City will seek to assure the mitigation of impacts outside its jurisdiction via <br /> interlocal agreements that protect the rights of other jurisdictions to prioritize and <br /> schedule projects. <br /> 41 <br />