HomeMy WebLinkAboutJefferson County Fire Protection District No. 1 - Annexation AgreementANNEXATION AGREEMENT
by and between the City of Port Townsend and
Jefferson County Fire Protection District No. 1
(dba East Jefferson Fire Rescue)
This Annexation Agreement ("Agreement") is entered into as of12018,
by the City of Port Townsend ("the City") and Jefferson County Fire Protection District No. 1,
dba East Jefferson Fire Rescue ("the District"), for the purposes stated below.
RECITALS
A. The City has an Operational Service Interlocal Agreement ("2007 ILA") with the District
for fire and emergency medical service. The term of the 2007 ILA and its amendments is
from January 1, 2007 through December 31, 2027.
B. The City and the District are located within "reasonable proximity" of one another as
that term is used in chapter 52.04 RCW. The City and the District are authorized by RCW
Chapter 52.04 to cause an election to be held in order for the voters of the City and the
voters of the District to decide whether or not the City should be annexed into and
become part of the District.
C. The City and the District have entered into a Pre -Annexation Memorandum of
Agreement ("MOA"), as of A > M ;,E P 2 „ 2018, regarding the terms and
conditions under which they wish to submit an annexation proposition to the voters of
the City and the District. The MOA addresses the annexation process, the expansion of
the number of members of the Board of Fire Commissioners, and other matters. The
MOA is also intended to provide for the effective date of annexation and to serve as a
guide for the provision of post -annexation fire and emergency medical services,
including addressing matters relating to interim funding for services, voter -approved
capital indebtedness, facilities to be made available by the City, various services to be
provided by the District, and other related matters involving the relationship between
the City and the District following such approval and for at least 18 months following the
annexation effective date.
D. The City and the District now find that it is appropriate to incorporate the terms of the
MOA into an Interlocal Agreement pursuant to chapter 39.67 RCW to memorialize the
agreement regarding the matters covered by the MOA and to incorporate additional
agreements regarding appropriate levels of budgeting and levy funding for fire
protection and emergency services for the first five years following the annexation date.
AGREEMENT
1, Purpose and Interpretation. The purpose of this Agreement is to ensure coordination,
avoid duplication of effort, and to make the most efficient use of public funds and provide for
the orderly transition of responsibility for paying for the cost of fire protection and emergency
services to the District following annexation. In recognition of the fact that City residents will
begin paying property taxes to the District for this purpose, the City intends that its levies will
reflect reductions to offset the increase collected by the District for this purpose.
2. Terms of MOA Incorporated. The MOA is attached as Exhibit A and is incorporated by
this reference and made a part hereof. Specifically, the provisions of paragraphs 3A through
3H, addressing matters that extend beyond the pre -annexation phase, shall survive the
effective date of the annexation and shall become incorporated as terms of this Agreement.
3. Additional Finance Terms
A. Finance and Budgeting. Pursuant to RCW 52,04.081, upon annexation of the City into
the District, the statutory maximum tax levy rate for the City will be $3.60 per $1,000 of
assessed value, reduced by the levy rate imposed by the District, up to a maximum of
$1.50 per $1,000 of assessed value. In recognition of the fact that the levies by the City
and the District will be interdependent following annexation, and pursuant to the
authority in chapter 39.67 RCW the City and the District agree as follows:
(a) Interim Financing of Services.
(i) In accordance with paragraph 3(b) of the MOA, the City shall include in its annual
budget City general fund revenues to make continued payments to the District to
support the interim financing of services under the 2007 ILA, until the District
receives its first tax collections from properties located within the City. The City
currently levies for tax year 2018 the amount of $908,724 for this purpose. The
amount of $908,274 is the base amount of tax levy for fire protection purposes of
this Agreement, and shall be the amount used for calculating tax limitations set forth
in this Agreement (set forth at paragraph 3(c)). The amount does not include future
increases in levy rates available to the City from annual increases or new
construction.
(b) District Obligations. The District agrees that it will levy property taxes annually,
within applicable statutory and constitutional rates and amount limitations, in
amounts sufficient, together with any other available funds, to provide for the levels
of service described in the MOA.
(c) Future Annual City Tax Levies Limited. The City's annual regular property tax levy
shall be sufficient, together with any other available funds, to provide for the
payment to the District of the amounts needed in 2019 to support interim services
pursuant to paragraph (a), above. For levies collected in future years, over the
succeeding four years, the City agrees that:
(i) For the levy to be collected in 2020, the City will reduce its regular general
fund levy by $908,724 that was previously dedicated to fire protection
services.
(ii) Solely for the purpose of funding any of the following purposes:
a) local roads (non-federal aid, and so long as consistent with the
adopted functional plan for transportation),
b) contributions to the City's housing trust fund,
c) capital needs for parks and trails (so long as consistent with adopted
functional plan for parks and trails), and
d) utility tax relief (for the purpose of refunding to ratepayers amounts
levied by Ordinance 3143 adopted December 15, 2015 that increased
the utility tax from 20% to 22% for three years),
the City may restore to the general fund levy in each of the next three years
(2021, 2022 and 2023) up to 1/3 of the levy amount formerly dedicated to
fire protection services in 2018, namely, 1/3 of $908,274 in each of the next
three years (2021, 2022, 2023).
(iii) If the City's regular property tax levy amount exceeds the amounts described
above, the portion in excess will be paid to the Fire District for capital
purposes only within the City limits.
4. Obligations Contingent. The obligations of the parties under this Agreement are
expressly contingent on voter approval of annexation. Except as otherwise expressly set forth in
this Agreement, if the annexation ballot proposition is not submitted to the voters, or in the
event that the proposition is submitted and does not receive the favorable vote in both the
District and the City that is required for annexation, this Agreement shall be of no effect and
the parties shall have no obligations under it. In that event the 2007 ILA will continue in effect
in accordance with its terms.
5. Effective Date; Term of Agreement; Termination. If the annexation is approved by the
requisite majorities of the voters of both the City and the District, this Agreement shall go into
effect on the effective date of the annexation and shall continue in effect until December 31,
2023, unless earlier terminated in accordance with this Section 5. This agreement may be
terminated by either party upon the provision of [one hundred and eighty (180) calendar days
notice. A final reconciliation of costs, payment, and a current report of completed activities by
each party shall be completed within such period following the notice by either party. If the
City provides notice of termination of this Agreement at any time prior to January 1, 2022, it
shall nevertheless be bound by the provisions of Section 3(a) (c)(iii) above.
6. Miscellaneous Provisions.
A. Availability of Records. The City and the District agree to cooperate with each other in
making available public records in the City's or the District's possession and control
regarding the fire and emergency medical services operations.
B. Costs. Subject to paragraph 1(c) of the MOA, each party agrees to bear and pay its own
expenses in connection with the negotiations and implementation of this Agreement,
including, but not limited to, its attorneys' fees and consultant fees.
C. Termination of 2007 ILA. Upon the effective date of the annexation of the City into the
District, the 2007 ILA shall be automatically terminated and of no further effect.
D. Notices. Any notices to be given under this MOA shall be delivered in person or mailed
to the parties at the following addresses:
To the City:
City Manager
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
To the District:
Chief
East Jefferson Fire Rescue
24 Seton Rd.
Port Townsend, WA 98368
E. Entire Agreement. This Agreement (including the MOA attached as Exhibit A and
incorporated by this reference) constitutes the entire agreement between the parties
regarding the subject matter hereof and may be modified only by written instrument
signed by all parties.
Severability. In the event that any section, sentence, clause, or paragraph of this
Agreement is held to be invalid by any court of competent jurisdiction, the remainder of
this Agreement shall not be affected and shall remain in full force and effect.
Dispute Resolution. In the event that either party deems it necessary to institute legal
action or proceedings to enforce any right or obligation under this agreement, the
parties agree that such actions shall be initiated in the Superior court of the State of
Washington, in and for Jefferson County or as provided for in RCW 36.01.050. The
prevailing party in any such litigation shall be entitled to recover its costs, including
reasonable attorney's fees, in addition to any other award.
G. Third Party Rights. Anything to the contrary notwithstanding, nothing contained in this
Agreement shall be interpreted to create third party rights in any person or entity not a
party hereto. Notwithstanding the foregoing, in accordance with RCW 39.67.010, the
governing body of every taxing district that could have its tax levy adversely affected by
such a contract shall be notified about the contract.
H. Effective Date. This agreement shall become effective on the date of the annexation
and shall remain in effect until termination in accordance with Section 5.
IN WITNESS WHEREOF, the parties have executed this agreement on the date first written
above.
CITY OF PORT TOWNSEND
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C a -y' 1'rArid►
JEFFERSON COUNTY FIRE PROTECTION
DISTRICT No. 1
(d/b/a E' EFFERSON FIRE RESCUE)
Commissioner Ric Si, Jr.�
ATTEST/AUTHENTICATED:
Joanna Sanders City Clerk
APPROVED AS TO FORM:
Jt. Ac"ll
i Oree*oo ,4Y:.rney
t
ATTEST/AUTH ENTICATED:
Terri seldyke- , Distri Se
cretary
APPROVED AS TO FORM:
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Brian Snure, Attorney
Exhibit A
MEMORANDUM OF AGREEMENT FOR ANNEXATION OF THE CITY OF PORT
TOWNSEND TO JEFFERSON COUNTY FIRE PROTECTION DISTRICT NO 1
DBA EAST JEFFERSON FIRE RESCUE
This MOA is entered into by the City of Port Townsend ("the City") and Jefferson County Fire
Protection District No 1, dba East Jefferson Fire Rescue ("the District"), for the purposes stated
below.
RECITALS
A. The City and the District have contiguous boundaries. The City has an Operational Service
Interlocal Agreement ("ILA") with the District for fire and emergency medical service. The
term of the ILA and its amendments is from January 1, 2007 through December 31, 2027.
B. The City and the District are authorized by RCW Chapter 52.04 to cause an election to be
held in order for the voters of the City and the voters of the District to decide whether or not
the City should be annexed to and become part of the District. The City and the District have
had ongoing discussions concerning whether, and under what terms, they would agree to
submit this issue to the voters. The City and the District have now reached agreement on the
terms and conditions and wish to reduce their agreement to writing.
AGREEMENT
1. Annexation Process.
A• Pursuit of Annexation. Pursuant to RCW 52.04.061 - .131, the parties agree to pursue
annexation of the City to the District according to the terms and conditions set forth in the
MOA, subject to the approval of the annexation by the voters of the City and District.
Contemporaneously with its approval of this MOA, the City shall pass an ordinance
requesting annexation to the District in sufficient time to meet the election deadlines.
Contemporaneously with its approval of this MOA, the District agrees to accept the
City's annexation request in sufficient time to meet the election deadlines.
B. Notification ofCouart Connrnission. The District agrees to take all necessary steps to
notify the Jefferson County Board of Commissioners of the District's acceptance of the
annexation and to request that the Commissioners call a special election to be held
February 2019.
C. Costs. The parties understand and agree that Jefferson County elections will invoice the
City for all election costs within the City and the District for election costs for the voters
within the district. Both parties agree to pay the election costs as invoiced within their
respective boundaries. The parties agree to divide the costs associated with filing the
notice of intent, issuance of SEPA determinations, and the conduct of the election at 50%
by City and 50% by District, which is proportionate to the number of registered voters in
each jurisdiction. Each party shall at their sole cost prepare the legal description and map
of their respective jurisdictions. For the shared costs, each party shall invoice the other,
and payment will be made within 30 days of the date of the invoice.
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D. Cooperation as to Other Matters. The patties agree to cooperate as to any other
matters necessary to effectuate the annexation of the City to the District.
2 Expansion of Commission. The District shall, within 12 months of approval of the
annexation, schedule a follow-up election as provided for in RCW 52.14.015 to a) increase
the number of commissioners from three to five and, b) pursuant to RCW 52.14.013 create
five commissioner districts that have three districts wholly in the unincorporated portion of
the District boundaries, and two districts wholly in the City. If the measure passes, the
District shall appoint one commissioner to each City district as provided for in RCW
52.14.020. In the event two ballot measures are required, the District shall fust expand to five
commissioners and appoint two City residents to the newly created positions.
3. Post -Annexation Fire & Emergency Medical Services.
A. f,.enerall. Upon the effective date of annexation of the City to the District, the District
shall be solely responsible for the provision of fire protection, fire suppression, and
emergency medical services within the incorporated boundaries of the City and the
boundaries of the District. The District shall provide a generally uniform level of service
throughout the District, including within the incorporated boundaries of the City, and
shall in no event generally provide a lesser level of service within the City's boundaries
than outside such boundaries. The "effective date of annexation" shall mean the date on
which the election results are certified by the Jefferson County canvassing board.
B. Interim Financing of Sct vines. The City shall continue to pay for the District's services
in the manner and in the amounts specified in the ILA Service Agreement until the
District receives its first tax levy revenues from properties within the City as authorized
by the annexation.
C. 'doter Approved Capital Indebtedness. Pursuant to RCW 52.04.171, all property
located within the boundaries of the City, which property is subject to an excess levy by
the City for the repayment of voter -approved indebtedness for fire protection related
capital improvements incurred prior to the effective date of annexation is exempt from
voter -approved excess property taxes levied by the District for repayment of indebtedness
prior to the effective date of the annexation. Similarly, property within the District shall
be exempt from any voter -approved excess property taxes levied by the City for
repayment of indebtedness incurred prior to the effective date of annexation.
D. Fire protection of City -Owned Facilities. The District shall provide fire and
emergency medical services to City -owned facilities at no additional charge.
E. Fire Prevention Investigation & Code Enforcement Services. Services listed in
Exhibit A will be provided by the District at no extra charge to the City. The City and
District may establish permit fees. See Exhibit A.
F. Emergency Mana reinent Services. In addition to working with Jefferson County EOC,
the District shall provide emergency management services to the City and the Fire Chief
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or designee shall coordinate EOC activities with the City, provide information, and
maintain communication with the Mayor and city staff during activation.
G. The District will provide one CPR class per year for up
to an agreed-upon number of City Employees at no cost to the City.
H. Fire 1 arshall and l+'ir°e Code !Official. The term "local fire official" or "fire code
official" as used in the International Fire Code shall mean the City employee designated
in that position. The "fire marshal" shall mean the fire marshal of East Jefferson Fire
Rescue,
4. Clairrrs Existi r a PAor~ to Annexation --- Indemni . Anything contained in this Agreement
notwithstanding, the parties shall remain solely liable for liabilities, claims, damages,
demands or other expenses of any kind or nature, known or unknown, including, but not
limited to, the payment of general obligation and other bonds: arising out of, in connection
with or stemming from each party's operations prior to annexation. Neither party assumes
any of the foregoing liabilities, claims, demands, damages or other expenses.
5. l:ialril;ities lrrdernrrt
A. By City.
I. The City agrees to indemnify, hold harmless and defend the District, its officers,
agents, and employees, from and against any and all losses, liabilities or other
expenses arising out of any claims, demands or any other losses resulting to the
District: (a) by reason of or arising out of the duties or liabilities of the City not
expressly assumed by the District under this MOA or that exist prior to the effective
date of annexation; or (b) that arise out of or are incurred by the District by reason of
the incorrectness or breach by the City of any of the agreements, representations or
warranties contained in the MOA.
B. ll :lfistrict.
1. The District agrees to indemnify, hold harmless, and defend the City, its officers,
agents, and employees, from and against any and all claims, losses, or liability for
injuries, sickness, or death of persons, including employees of the City, or damage to
property, occurring on or after the effective date of annexation and arising out of any
negligent act, error, or omission of the District, its officers, agents, or employees, in
providing fire and emergency medical services. The indemnity under this paragraph is
intended to protect the City from claims by third parties stemming from events in
connection with fire department operations occurring after annexation, and shall be
limited thereto.
2. The District agrees to indemnify, hold harmless and defend the City, its officers,
agents and employees, from and against any and all loses, liabilities or other expenses
arising out of any claims, demands or any other losses resulting to the City: (a) by
reason of or arising out of the duties or liabilities of the District not expressly
assumed by the City under this Agreement; or (b) that arise out of or are incurred by
Page 3 of 7
the City by reason of the incorrectness or breach by the District of any of the
agreements, representations or warranties contained in the MOA.
The City and the District acknowledge and agree that if such claims, actions, suits,
liability, loss, costs, expenses and damages (addressed in this Section 5) are caused by
or result from the concurrent negligence of the City, its agents, employees, and/or
officers and the District, its agents, employees, and/or officers, this section shall be
valid and enforceable only to the extent of the negligence of each party, its agents,
employees and/or officers. The parties hereto have expressly bargained for and do
waive for purposes of this Indemnification section, only, the immunities of Title 51
RCW, as it relates to any claim, suit or cause of action by one party's employee(s)
against the other party.
6. Obligations Contingent. The obligations of the parties under this MOA are expressly
contingent on voter approval of annexation. Except as otherwise expressly set forth in this
MOA, if the annexation ballot proposition is not submitted to the voters, or in the event that
the proposition is submitted and does not receive the favorable vote in both the District and
the City that is required for annexation, this MOA shall terminate and the parties shall have
no further obligations under it. If the annexation proposition is submitted and fails, the ILA
between the City and the District will determine how fire and emergency medical services
are provided through the term of the agreement. Assuming the annexation is successful; this
MOA shall guide the parties in their relationship post -annexation, but shall be reviewed by
the parties not later than 18 months after the effective date of annexation to ascertain whether
either party wishes to modify any provisions of the MOA.
7. Availability of Records. The City and the District agree to cooperate with each other in
making available public records in the City's or the District's possession and control
regarding the fire and emergency medical services operations.
Costs. Subject to subparagraph 1 C, each party agrees to bear and pay its own expenses in
connection with the negotiations and implementation of this MOA, including, but not limited
to, its attorneys' fees and consultant fees.
9 Existing Age eccnents. Upon annexation of the City to the District the existing ILA shall be
automatically terminated and of no further effect.
10. Notices. Any notices to be given under this MOA shall be delivered in person or mailed to
the parties at the following addresses:
To the Cites:
David Timmons, City Manager
City of Port Townsend
250 Madison Street, Suite 2
Port Townsend, WA 98368
To the District:
Jim Walkowski, Chief
East Jefferson Fire Rescue
24 Seton Rd.
Port Townsend, WA 98368
11. Irr1:e ra lea! M.O . The MOA constitutes the entire agreement between the parties regarding
the subject matter hereof and may be modified only by written instrument signed by all
parties.
12. ,Sever ability. In the event that any section, sentence, clause, or paragraph of this MOA is
held to be invalid by any court of competent jurisdiction, the remainder of this MOA shall
not be affected and shall remain in full force and effect.
13. Litigation. In the event that either party deems it necessary to institute legal action or
proceedings to enforce any right or obligation under this agreement, the parties agree that
such actions shall be initiated in the Superior court of the State of Washington, in and for
Jefferson County or as provided for in RCW 36.01.050. The prevailing party in any such
litigation shall be entitled to recover its costs, including reasonable attorney's fees, in
addition to any other award.
14. TTlrir d P-arly...Riglits. Anything to the contrary notwithstanding, nothing contained in this
MOA shall be interpreted to create third party rights in any person or entity not a party
thereto.
15. Effective Date„ This agreement shall become effective upon approval and execution by both
parties.
ATTEST/AUTHENTICATED:
anna Sanders, City Clerk
APPROVED AS TO FORM:
y Attorney
RESCUE
--� . ..... m._........
Co nrnissioner Rich Stap.; Jr.
Date:
ATTEST/AUTHENTICATED:
Teri' sseir9y e A L, l :str , Secretary
APPROVED AS TO FORM:
RM W MOM �M�a 0- 4 a
Brian Snure, Attorney
Page 5 of 7
Exhibit A
Fire Prevention, Investigation and Plan Review Services
Services provided by the District to the City shall be administered in the interest ofthe
City. The City designates the EJFR Fire Chief or his/her designee as Fire Marshal for the
City for the purposes of this agreement. The District shallperform all responsibilities
required by applicable law in its role as the City's Fire Marshal, including but not limited
to any responsibilities specified in the International Fire Code and City of Port
Townsend Municipal Code (as now or hereafter amended).
1. Services
a. Plan Review: The District shall provide life and fire safety plan review for new
development and construction and tenant improvement projects located within
the City's regulatory jurisdiction consistent with applicable statutes, regulations
and codes. The District shall review plan submittals and perform related
inspections for all new fire protection suppression systems, fire detection and fire
alarm. The District shall coordinate plan review services with the City by
attending pre -application meetings, conducting plan reviews within established
timelines, responding to applicant inquiries, and attending other meetings as
necessary to provide services to the City in a professional, competent, and
reasonably prompt manner.
b. Fire Marshal: The District shall provide an employee to serve as the City's Fire
Marshal. The Fire Marshal shall represent the City and District with respect to
Fire Prevention, Investigation and Inspection issues. The Fire Marshal shall
recommend code amendments to the City when requested. The Fire Marshal shall
recommend to the Building Official submittal requirements, submittal forms and
official interpretations of the fire code.
c. Fire Inspections: The District shall conduct a program of fire inspection of
occupancies consistent with the International Fire Code as adopted by the City.
d. Fire Investigation: The District will provide fire investigation services to
determine the origin and probable cause of fires and explosions. The District will
interview witnesses, make arrangements for any special studies or laboratory
analysis (in conjunction with City Police), and complete a written incident report.
The District will provide follow up information to insurance companies and
property owners as needed.
If the cause of a fire is deemed incendiary or suspicious, the District will take
appropriate follow up actions in conjunction with the City Police Department and
Prosecuting Attorney. The District will provide expert witness testimony and
review or prepare case -related information as requested.
Page 6 of 7
e. Code Enforcement: In cooperation with the City Building Official (or designee),
the District shall conduct fire and life safety inspections based on a risk analysis
process. The City shall retain responsibility for all code enforcement actions
which shall be performed at the sole cost of the City.
f. Outdoor Burning Complaints: The District will respond to public complaints
regarding outdoor burning and determine if outdoor burning is legal. Take any
corrective actions necessary to control or extinguish an illegal or uncontrolled
fire. The District shall report violations of outdoor burning regulations to the
City's Police Department, The City will retain code enforcement powers for all
violations of the City's outdoor burning regulations.
2. Compensation for Fire Services.
The services described in Section 1 shall be provided to the City without compensation to
the District except as specifically indicated under this Agreement, including without
limitation as follows:
a. The City shall collect plan review, inspection, and other fees, as specified in the
duly passed District fees resolution, as now or hereafter amended, and remit these
collected fees to the District on a monthly basis. The amount of such fees remitted
to the District shall directly correlate to the services actually provided by the
District.
b. The City may assess fees as an administrative charge to recover internal expenses
of permit processing.
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