2003, 07-08 Regular MeetingCITY OF SPOKANE VALLEY
AGENDA
CITY COUNCIL REGULAR MEETING
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
Spokane Valley, Washington
Tuesday, July 8, 2003
6.00 p.m.
COUNCIL REQUESTS ALL ELECTRONIC DEVICES BE TURNED OFF Vi TILE IN
ATTENDANCE AT TIC COUNCIL 1FET 1] C
CALL TO ORDER
2. PLEDGE OF ALLEGL NCE
3 . INVOCATION
Pastor _Al l lulten, Valley Assembly of Goal
4. ROLL CALL y AGENDA
5. APPROVAL. OF AGENDA
5.. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
COMMITTEE BO LIAISON SUMMARY REPORTS
3. IVL &VOWS _ RErot °1'
9. PUBLIC COMMENTS (For m nibcrs of the Public to speak to the Council re,grding matters
NOT on the Agenda. Please state yourna le and address for the record and limit remarks to three
minutes. Thank you.)
1'0. PUBLIC HEARINGS
1 L CONSENT AGENDA (Consists of items considered routine which are approved ns a mauls, A
Councilmemb r may remove an uem from the Consent Agenda to be considered separately.)
a. Approval of the Regular Council Meeting Minutes of jtntie 24, 2&03
b. Approval of Study Session Minutes of July 1, 2003
c. Approval of Claims - S1, 36 ,198.79
d. Approval of Payroll - 551,849.
c. Approval of Affordable Housing Interi al Agreement
12 OLD BUSINESS
13. NEW BUSINESS
Ordinances — First Reading
I. Ordinance No. 03-970 Alarm and Fee Collection Ordinance
[public comment]
2. Ordinance No. 03-071 Establishing Policy for Purchase of Coods, Services
(public continent'
3. Ordinance No. 03 -072 Granting Contract Authority to City Manager
(public comment)
4. Ordinance No. 03 -073 Granting Franchise to Columbia Fiber
(public comment]
5. Ordinance No. 03-074 Amending Ordinance 3 to Provide Additional
Authorization to Sign Checks [public comment(
b. Resolutions:
1. Resolution No. 03 -040 Granting Authority to Open Accounts and to Deposit and
Withdraw Funds (public comment]
2. Resolution No. 03 -041 Establishing Signature Limits with Respect to Agreements
public comment]
c. Motions:
1. Approval of Cable TV Advisory' Board proposed language from the
City of Spokane with Amendment
(public comment]
2. Spokane Regional Transportation Council Agreement
(public comment]
3. Planning Commission Guidelines and Rules (public comment(
14. PUBLIC COMMENTS (Maximum of three minutes pleases; state your name and address for the
record)
15. PENDING LEGISLATION
16. ADMINISTRATIVE REPORTS
INFORMATION
18. ADJOURNMENT
FUTURE SCHEDULE
A) July 10, 5:30 — 630 p.tn., Council Chambers., Wastewater Treamsent, Bruce RawL .
Spokane Co.
B) July 15, 2003, Council Study .Sesyian, 6:00 p.m. City Hall
C) July 16, 2003 New Management Staff Reception, 5:30 — 7 :30 p.m., Council Chambers
D) EMS Communications Meetings to be rescheduled to a Wednesday night
E) July 22, 2003, ( Regular Meeting, 6:00 p.m., City Hall
19 July 29, 2003, Council Study Session, 6:01) p.m., City Hall
G) July 31, 2003, WCIA Land Use Law and Liability Training
11) .august 5, 2003, Council Study Session, 6:00 p.m., City Hall
I) August 12, 2003, Council Regular Meeting, 6:00 p.m, City Hall
I► _
DATE ACTION IS
REQUESTED:
July 8
Consent Agenda
APPROVED FOR
COUNCIL PACKET:
City Manager
Dept. Mead
Attorney Approve
As To Form
SUBMITTED BY: Chris Bainbridge, City Clerk
ALTERNATIVES:
FISCAL IMPACT: $
SOURCE OF FUNDS:
AMOUNT BUDGETED:
AMOUNT NEEDED FOR PROJECT:
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
TITLE:
Minutes of Regular Council
Meeting June 24, 2003
ATTACHMENTS:
TYPE OF ACTION:
Ordinance
Resolution
x Motion
_ Agreement
RECOMMENDED ACTION: Approval of Minutes of Regular Council Meeting ofJune 24, 2003
DRAFT
MINUTES
City of Spokane Valley
City Council Regular Meeting
June 24, 2003
Deputy Mayor Wilhite called the City of Spokane Valley Regular Meeting to order at 6:00 p.m.
Attendance:
Councilmembers: Michael DeVleming, Mayor
Diana Wilhite, Deputy Mayor
Dick Denenny, Councilmember
Mike Flanigan, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
Richard Munson, Councilmember
Staff Present: Stan McNutt, Interim Deputy City Manager
Stanley Schwartz, Interim City Attorney
Cary Driskell, Deputy.City Attorney
Dick Thiel, City Engineer
Bill Hutsinpiller, Interim Parks & Recreation Director
Bob Ely, Interim Building Official
Sue Pearson, Deputy City Clerk
Chris Bainbridge, City Clerk
Pledge of Allegiance: Mayor DeVleming led the Pledge of Allegiance.
Invocation: Pastor Barry Foster, Valley Point Church at Pines gave the invocation.
Roll Call: City Clerk Bainbridge called roll.
Approval of Agenda: Deputy City Manager McNutt stated that Consent Agenda Item #J should be
removed from the Consent Agenda and placed under Old Business in order to have reports and comments
relative to that Resolution; Deputy Mayor Diana Wilhite requested that Mirabeau Point Park Project also
be moved to Old Business. It was moved by Councilmember Denenny and seconded by Councilmember
Wilhite to approve the agenda as amended. Vote by acclamation: Ayes: Unanimous. Nays: None.
Abstentions: None. Motion carried.
Introduction of Special Guests and Presentations: Deputy City Manager McNutt explained that this
will be his last council meeting and then briefly introduced the new Deputy City Manager Nina Regor.
Outgoing Building Official Bob Ely then introduced new employee Tom Scholtens, new Building
Official from Ada County. Mayor DeVleming also expressed appreciation to interim staff McNutt and
Ely and Councilmember Flanigan presented the two with a commemorative clock.
Committee, Board, Liaison Summary Reports: Councilmember Taylor mentioned the meetings and
interactions with other city officials at last week's Association of Washington Cities conference.
Councilmember Flanigan said the RFP for the hotel/motel tax committee proposal has been completed
with a July 15 deadline to submit proposals. Councilmember Schimmels mentioned the upcoming July
26 Art and Craft Fun Day; and reported that he spoke to the Rotary Club on "How To Start a City from
Scratch." Councilmember Munson reported that he had the honor of being voted an AWC director.
Councilmember Denenny added that there will be an all -day STA task force workshop July 16.
Council Minutes 06 -24 -03 Page I of 6
Date Approved by Council:
DRAFT
MAYOR'S REPORT: Mayor DeVleming reported that he issued a few proclamations last week and
that the day after tomorrow will be the first of many conversations with the community at the Senior
Center at Mission, starting at 2:00 p.m.
PUBLIC CONLVIFNT: Mayor DeVleming asked for public comment on matters not on the agenda, and
three individuals (Bob Leyerley, Bill Gothmann, and Gene Hinkle) spoke of their concern with junk
vehicles and urged the Mayor and Council to approve the junk car ordinance.
PUBLIC REARING: None.
Consent Agenda: After Bainbridge read the Consent Agenda (minus item 11j), it was moved by
Munson and seconded by Denenny to approve the Consent Agenda. It was then moved by
Councilmember Taylor and seconded to remove Consent item 11g, the Community Development Block
Grant, from the consent agenda. Vote by acclamation on the second motion: Ayes: Unanimous. Nays:
None. Abstentions: None. Motion carried and item l lg was moved from the consent agenda. Mayor
DeVleming then called for the vote on the motion to approve the Consent Agenda as amended: Ayes:
Unanimous. Nays: None. Abstentions: None. Motion carried. .Consent Agenda approved as amended.
g. Community Development Block Grant Cooperative Agreement..
Councilmember Taylor asked if we finalized any arrangement regarding the number of seats we were
going to be permitted to appoint to that.Board. Councilmember Munson said paragraph 13 states we shall
have one member. Taylor and Munson voiced their opposition to only having one board member and
Taylor indicated he would like the issue resolved and that he would like to work with this consortium in
order not to hurt any small cities which may be aided by this grant. Taylor added that without the
participation of the City of Spokane Valley, the County would lose their urban designation, and as
Spokane Valley is the urban component in this process, we need to insure we have the appropriate
representation on the Board. Discussion ensued about the time factor involved in the agreement, the
specific representation of Spokane Valley on the Board, the number of representatives necessary and
having that reflected in paragraph 13, and the current board's composition. It was moved by Munson and
seconded by Wilhite to direct the City Manager to request proportional representation on the board, give
the City Manager the authority to negotiate that, and authorize the City Manager to execute this
agreement if it is in the best interest of the City. Vote by Acclamation: Ayes: Unanimous. Nays: None.
Abstentions: None. Motion carried.
OLD BUSINESS:
a. Resolution 03 -039 Approving Form of Agreements for Professional Services,Ggenera! Services, and
Construction Services.
It was moved by Denenny and seconded by Wilhite to approve Resolution 030 -039. McNutt
explained that at some point the Mayor would be passing final execution authority to staff and to do that a
comprehensive set of ordinances and resolutions is necessary establishing limits in which staff is to
operate. McNutt suggested adoption of the ordinance with the provision that the dollar limits upon
administration on projects, after budget consideration, be adopted by resolution.
After discussion on the Agreement for Professional Services, page 1, subparagraph 1C which addresses
modifications, it was recommended that paragraph 1C in the Professional Services Agreement also be
added to paragraph l of the General Services Agreement, which is the ability of the City to modify the
agreement when appropriate.
Discussion then turned to prevailing wage laws and applicability in the Construction Services Agreement
at #7. Schwartz recommended changing paragraph #7 to add the words "unless provided otherwise."
Mayor DeVleming invited public comment on the resolution. None being offered, it was moved by
Council Minutes 06 -24 -03 Page 2 of 6
Date Approved by Council:
DRAFT
Councilmember Munson and seconded to approve the amended Resolution to reflect the adding in the
Professional Services Agreement paragraph iC to the General Services Agreement, and to add the words
"unless provided otherwise" to the Construction Services Agreement at paragraph #7. Vote by
acclamation: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried.
b. Mirabeau Point Park Project, Mike Ormsby [Councilmember Munson excused himself at 6:50 p.m.
and returned at 6:55 p.m.]
Ormsby provided a brief update on the legal issues surrounding Center Place Project at Mirabeau Point,
and added he, council and staff are aware of and working on policy and financial issues. Ormsby
explained that the legal issues are primarily driven by the arrangements through the interlocal agreement
with the Public Facilities District and Spokane County and also those legal issues relative to the regional
project itself. Ormsby said that in a meeting with the Public Facilities District, that the District was
proposing financing which separated the arena operations and revenue from the proposed convention
center operations and revenue and as a result, the Convention Center project had not been constructed yet.
He added that he felt it was going to be necessary for some type of "credit enhancement" for the Public
Facilities District to issue those bonds. That form of credit enhancement was a guarantee by the County
to be reimbursed by the City, which created the necessity for further rounds of discussion. Ormsby
explained that the PFD suggested they remove the separation between the Arena and the Convention
Center finances; and they also proposed taking $6.5 million of a capital reserve and using that money to
defease some bonds they issued in 1995.
Ormsby said it was mentioned at today's PFD meeting that the. PFD in issuing those bonds, would take
$6.5 million of those bond proceeds and use it to pay themselves back; however that is not correct.
Ormsby stated that the PFD will use the $76.5 million to construct the project, and that they plan to pay
themselves back with the excess revenues, and that this is one point of difference between the
governmental entities. Ormsby said the Convention Center will still cost the estimated $77 million, but
instead of having the other agreements in place to provide a guarantee, the PFD would issue and be
responsible for their debt, and the City of Spokane Valley would do likewise, as would Spokane County,
and that there will still be an interlocal agreement between the PFD, City of Spokane Valley, and the
County. That agreement would provide that the PFD provide us funds annually in an amount sufficient to
pay off our bonds. Ormsby said there is a reserve fund for the PFD bonds but there is no reserve fund for
the City's bonds; and the PFD's rationale is because they have defeased $6.5 million of their bonds, they
have expanded the revenue sources available for debt service on the County's and the City's bonds, so
there is less of a need for reserve fund. Ormsby said we will issue bonds and make debt service and if for
some reason the PFD is unable in a given year to reimburse us the entire amount of the principle and
interest that we paid on our bonds, they have agreed that they will repay us that amount plus interest at the
next time they have sufficient money to do so; and that they will continue to levy taxes as long as
necessary to make sure we are paid off; and if they have not paid us in full by 2033 and if there is a
deficiency, they will either issue debt or supply the funds otherwise to make both the County and the
Valley City whole.
Ormsby said the primary issue remaining upon which he would appreciate Council's guidance, is the
issue of that excess revenue or that which is left over after the debt service is covered and reimbursements
are made to the Valley City and to the County. Ormsby said two potential limiting factors on the revenue
stream are (1) do we give some credit to the PFD for the $6.5 million they moved from arena debt service
and capital improvements to pay off debt now to widen the revenue stream that is available for all; or (2)
of that $279 million figure, a lot of which is based on tax collections that were approved prior to May 21,
2002; if they have widened that revenue stream and made more of that available and they were going to
be able to collect it anyway, is that a limiting factor.
Council Minutes 06 -24 -03 Pope 3 of 6
[Date Approved by Council:
DRAFT
Ormsby summarized that the PFD's position in that they are prepared to guarantee the debt service of the
Valley City and the County, and that the PFD will not require issuance of capital appreciation bonds but
will let the entities issue equal amortized debt and the PFD will help cover that; and if there is ever a
deficiency the PFD will reimburse that with interest; but the quid- pro -quo is we get to keep any surplus;
and the PFD heard at today's meeting that that is not acceptable as the City expects to get a proportionate
share of that excess revenue; although the issue of defining the excess revenue is still unclear. Ormsby
said that the timeline for the PFD to make a decision on this is next Tuesday; and that Ormsby suggests
determining the definition of excess revenue, which could be the revenue that exists minus the revenue
they would have gotten on just the tax levy approved for the arena prior to the vote of May 2002; it
therefore may be fair to subtract that amount when you are trying to dcternine what the excess revenue is;
and then Council may want to subtract a figure that might include interest; then whatever is left at that
point is the figure that you would apply the percentages to: the 7.65 for the Valley City and the 12.5 for
the County, then the PFD would get the rest. This is an option that might be acceptable to the PFD. It
was clear after today's PFD meeting that the City said that not sharing excess revenues is unacceptable.
Ormsby said he will inform the PFD at Tuesday's meeting that the City wants to work with them on this
issue, and that Ormsby will keep the Council updated on these issues.
In reference to a question from Councilmember Schimmels regarding maintenance and operation,
Ormsby said that is a large issue, and one which Dave Mercier has asked staff to work on regarding the
marketing and financial plans; we may get reimbursed for up to $7 million in capital construction costs
but that does nothing for the maintenance and operation expenses. Councilmember Taylor added that we
need to make sure there is parity in the excess revenues that are created from the original project revenues
and we get our share.
Ormsby said he feels the direction council has given is that the Valley City would like to have a
proportionate share of the excess revenues of this project and what we are willing to talk with the PFD
about how to define those excess revenues. Ormsby said he will be in contact with County's counsel
tomorrow to discuss this and then in contact with PFD's counsel the following day for discussion.
Ormsby indicated other issues for council consdieration include the whole concept of a regional project.
Ormsby said it is important to have in mind a regional project beause we can only use the reimbursement
funds we receive from regional project tax revenue to reimburse bonds issued for a regional project —
which is a convention or related facility. Staff has given more clarification of the project and the uses that
will be put to the facilities constructed with bond proceeds and that is one of the reasons Ormsby is
sharing the certificate of the city; and to leads to the question of why are only two of the three revenue
sources available to the Valley City. Ormsby said staff also needs to consider operation and maintenance.
Ormsby concluded by stating that in terms of the current interlocal agreement, to insure it contains the
representations needed for the City to qualify for regional project tax revenue. It was mentioned that the
agreement does not provide for any lien or other ownership interest in the PFD which was a very
fundamental part of council instructions at the onset. Ormsby said the County is working with Sschwartz
and his firm on the transfer of the real estate from the county to the Valley City and Mirabeau Point is in
the area of the parkland that is being transferred, and that process is going forward and needs to be
completed before we can begin construction. Ormsby said he feels there should not be a problem with
that occurring in the timeframe of when construction can begin — probably fall at the earliest. Ormsby
said he will begin work on the allocation of excess revenues and will report back to the Council.
Councilmember Munson said that in January, he, Ormsby, and Taylor discussed a general idea which is
what has been finally passed, that each entity would be responsible for their own bonds and that we would
negotiate how those bonds would look and he expressed appreciation that the PFD recognized that.
Mayor DeVleming called for a short recess at 7:40 p.m., and reconvened the meeting at 7:56 p.m.
Council Minutes 06 -24-03 Page 4 of 6
Date Approved by Council:
DRAFT
ADMINISTRATIVE REPORTS:
Interim Deputy City Manager McNutt said that in reference to the Prothman Memorandum of
Understanding on the consent agenda, that McNutt spoke with the City Manager and that a position was
inadvertently omitted from the agreement, that of City Engineer, and that should be included with the
other positions listed on the agreement. it was moved by Munson and seconded by Wilhite to add the
position of City Engineer to the Proth Memorandum of Understanding. Vote by acclamation: Ayes:
Unanimous. Nays: None. Abstentions: None. Motion carried.
Columbia Fiber Update: McNutt said he would like to relay a modified proposal from Columbia Fiber
which can be discussed at the next study session with the goal of settling the matter at the July 8 regular
council meeting. McNutt reported that John Everett of Columbia Fiber, has modified his position for
council consideration that instead of the previously mentioned $75.00 per month per mile of fiber use,
that Everett would propose $50.00 with no minimum. In addition, the offer would be for four fibers
dedicated exclusively to City business, that they would want shared GiS files regarding projects in our
right -of -way and only those issues which arc appropriate to their engineering needs, that they would like
relocation protection assistance. McNutt said these issues and further details can be discussed at the July
1 study session.
Deputy City Manager Purchasing Ordinance Memo: McNutt said his memo is self - explanatory, but that
McNutt wanted to give City Attorney Schwartz an opportunity to tic this subject together to help council
in their consideration of evolving this into a permanent and complete purchasing ordinance. Schwartz
stated that there are two ordinances which will be coming back for further consideration. The purchasing
ordinance deals with the purchase of goods, services, supplies and equipment and based upon discussion,
that ordinance will be modified to provide that Council will set the City Manager authority by resolution.
Schwartz explained that the draft ordinances under discussion are models of best practices used by many
Washington State cities. The second ordinance regarding City Manager authority will be modified to
provide that Council will establish the City Manager signature authority by resolution, which will be for
the public works contracts off the small works rooster, and then the professional services or general
services is a matter council will establish by resolution. Schwartz said he feels it is important to put these
administrative procedures and protocols in place as it puts the public clearly on notice of how government
creates a level and fair playing ground. Schwartz said that state law provides that the City Manager can
make adjustments but that the City Manager cannot spend beyond the budget; and that state law requires
financial quarterly reports.
Laptop Training Session: Interim Deputy City Manager then explained how the "net meeting" session
would work and worked with council on becoming comfortable with sharing documents. The study
session lasted from approximately 8:05 p.m. until 8:50 p.m. Mayor DeVleming indicated more study
sessions will be set aside for future laptop training.
PUBLIC COMMENT: Mayor DeVleming asked for public comment. None was offered.
INFORMATION:
Deputy Mayor Wilhite mentioned that the web committee has received 20 proposals and is setting up a
meeting to have the first evaluation of those proposals. Munson said he would like to be included on that
committee and Denenny said he would like to be notified of the meeting times. Wilhite said council will
be notified of the meeting dates and times, and that .the next meeting is set for July 9 at 1:15 p.m. in
Council Chambers.
Councilmember Schimmels said the County Commissioners are meeting with the Health District
Thursday regarding our seat on the board and asked if anyone from council or staff will be attending.
Council Minutes 06 -24 -03 Page 5 of 6
Date Approved by Council:
Mayor DeVleming indicated he and City Manager Mercier will be attending. It was also mentioned that
the June 25 date for EMS meeting has been changed to July 21.
Taylor asked about the wastewater meeting with the department of ecology; Mayor DeVleming said they
are trying to set with meeting with DOE and are working on coordinating a date.
It was moved by Flanigan and seconded by Munson to adjourn. The meeting adjourned at 9:00 p.m.
ATTEST:
Christine Bainbridge, City Clerk
DRAFT
Michael DeVleming, Mayor
Council Minutes 06- 24-03 Page 6 of 6
Date Approved by Council:
1
DATE ACTION IS •
REQUESTED: Minutes f Study Session Meeting
J 8 July 1, 2003 •
Consent Agenda - -
APPROVED FOR
COUNCIL PACKET:
City Manager
Dept. Head
Attorney Approve
As To Form
ATTACHMENTS:
TYPE OF ACTION:
Ordinance
Resolution
x Motion
Agreement
SUBMITTED :IJY: Chris Bainbridge, City Clerk
RECOMMENDED NDEI) ACTION: Approval of Minutes of Regular Council Meeting of June 24, 2003
ALTERNATIVES:
FISCAL IMPACT: S
SOURCE OF FUNDS:
AMOUNT BUDGETED:
AMOUNT NEEDED FOR PROJECT:
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
DRAFT
MINUTES
City of Spokane Valley
City Council Study Session
July 1, 2003
Attendance:
Councilmembe.rs: .Michael DeVleming, Mayor
Diana Wilhite, Deputy Mayor
Dick Denenny, Councilmember
Mike Flanigan, Councilmember
Richard Munson, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
Staff Present: David Mercier, City Manager
Nina Regor, Deputy .City Manager
Stanley Schwartz, Interim City Attorney
Dick Warren, Interim Public Works Director •
Marina Sukup, Community Development Director
Greg McCormick, Long Range Planning Manager
Ken Thompson, Finance Director
Cal Walker, Police Chief -
Bill Hutsinpiller, Interim Parks & Recreation Director
Mike Jackson, Parks & Recreation Director
Cary Driskell, Deputy City Attorney
Sue Pearson, Deputy City Clerk
Chris Bainbridge, City Clerk
Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone
that this is a study session and there will be no public comments, and requested that all electronic
devices be turned off for the duration of the meeting.
1. Employee Introductions: City Manager Dave Mercier introduced Ken Thompson, Finance Director
recently from Albany Oregon; Mike Jackson, Parks & Recreation Director recently from Sterling,
Colorado; Nina Regor, Deputy City Manager • recently from Gresham, Oregon; and Marina Sukup,
Community . Development Director recently from Allen 'Texas. Mayor DeVleming and all
councilmembers welcomed the new employees.
2. Proposed Parks Title Transfer Update. Interim Parks & Recreation Director Bill Hutsinpiller
deferred to City Attorney Stanley Schwartz for the update. Schwartz explained that there are three
pending issues regarding this title transfer: (1) Buttercup Park; a -former hazardous waste site: although
the site was capped and cleaned, if we accept the property we would be responsible for all cleanup so we
proposed some indemnification language to protect us., Schwartz said he needs to respond to a .letter just
received from Emacio 'regarding this topic. (2) five -year probation on sale of property with a public
hearing requirement: Schwartz said the City feels the five -year period is acceptable but to require a public
hearing would be to usurp council's authority. The response from the County is that the County would
like to impose a public hearing requirement on any disposition of park property transfers. (3) a "me too"
clause, meaning if the County offers any services to other jurisdictions, we should also be entitled to those
services. Schwartz said the County's response was no, that the County wants to be able to offer services
to other jurisdictions at lesser costs. •
Schwartz explained that he has not yet received a response from his; June 24 letter to Emacio wherein
Schwartz asked three questions: (1) if we fail to reach indemnification for Buttercup and the City refuses
Study Session Minutes 7 -01 -03 •
•
Date Approved by Council:
Paget of 5
•
DRAFT
to accept Buttercup, will the other properties be transferred; (2) if the City refuses to accept the.County
imposed public hearing requirement will the properties be transferred; and (3) if we can't reach atgeernent
on the "me too" clause will the properties be transferred. Schwartz then gave a brief history.on how the
County received the Buttercup property, and added that once the materials on the property have been
analyzed, those findings will be reported to council. Schwartz said the matter is proceeding as rapidly as
possible, that the Commissioners meet every Tuesday and he will do what he can to resolve the issue but
needs a response from the County. Mayor DeVleming recognized County Commissioner Kate McCaslin.
Commissioner McCaslin said the Commissioners met today and agreed they would indemnify and that
they too are anxious to resolve this issue.. McCaslin said from.a public policy standpoint she could not
imagine this . council selling park property •without public input; .however, there is a question of future
councils. In reference to the "me too" clause, McCaslin said the County works hard with all the
struggling small towns; she realizes everyone has budget issues but the small towns'-budget issues pale in
comparison; the County has programs they offer only to small towns and there is approximately 5100
available to those small towns for proposals such as for park restroom improvement. She said the feels
they should not have to and are not comfortable in making those offers to Spokane She
mentioned that perhaps some compromise could be worked out, but that they would still like to keep that
discretion with the small towns. McCaslin concluded by stating that as the County agreed with the
indemnification, and perhaps an agreement can be reached on-the other two issues.
Councilmember Munson suggested passing an ordinance to require public hearings in matters of this type,
and McCaslin said that if the City passed an ordinance, the County would consider that.
Schwartz added that indemnification is more complicated as it also involves restrictive covenants which
obligates the property owner to notify the Department of Ecology annually that the property and the cap
have undergone visual inspection and repairs are maintained; also that the City needs to know what has
been done and what is below ground and that we need discussions on the scope of the •indemnif cation.
C_: / Councilmember Munson asked about the ramifications• if we were to proceed with the rest of the
properties and not take Buttercup. City Manager Mercier said if 'Buttercup were not an issue, • the transfer
would be expedited. Council directed staff to continue to work on the issues.
3. Proposed Parks & Recreation Maintenance Agreement Update. Hutsinpiller stated that this item
and the previous item are tied together at this point, that on an interim basis, we have effective
maintenance at the parks, he has received positive feedback from the community on the maintenance of
the parks, and that he hopes to finalize these matters soon. .
It was proved by Councilmember Munson and seconded by Councilmember Flanigan. to instruct staff
to take /Buttercup off the table and to continue to negotiate on it and move forward with the rest of the
package. Discussion then ensued on the pros and cons of the motion, including discussion on the other •
two issues at hand (the public hearing requirement and the "me too" clause).
Vote by Acclamation: Ayes: DeVleming, Denenny, Flanigan, Munson, Schimmels, Wilhite. Nays:
Taylor. Abstentions: None_ Motion carrietd.
5. & 6. Cost Comparison Wastewater Treatment, and Sewer Extensions and .Operation (STEP)
Agreement with Spokane County. Interim Public Works Director Dick Warren acknowledged the
presence of and publicly.cornmended the work of Bruce Rawls and Kevin Cook for their efforts on the
design of the STEP program. Warren explained that because there are a number of suggested changes, he
asks to defer action on the STEP Agreement at this time and to combine that with whatever they finally
arrive at on the agreement on the wastewater treatment issue. Warred said that he is attempting to meet
with Schwartz and Emacio to finalize the agreement, that the City of Spokane should be in contact with
Mayor DeVleming soon, and that Warren is confident negotiations will begin again regarding the
Study Session Minutes 7 -01 -03 Page 2 of 5
Date Approved by Council:
DRAFT
wastewater treatment. Warren explained that he has a letter from the Commissioners regarding this issue,
but the Warren feels there is time to proceed to determine if there is any further prospect for a regional
agreement when the City of Spokane is ready to•bring the matter backon the table for discussion. Warren
said they will respond to the County's letter and commend them on the low interest loan from the State,
and will ask that DOE discussion continue as part of that response. Warren then discussed June 13,
2003 memo regarding the Status of Wastewater Collection and Treatment Agreements, Issues and Costs:
Warren concluded by stating that there are possible savings by having a regional approach, that they will
set a September date by which to make a decision, and in the meantime, they can either continue with
regional planning or stop that and go with the plan already in place by the County. Warren said that the
City and County agree on cost and capacity issues.• In reference to the agreement, Mayor DeVleming
asked about section 1 -10 and stated that it was his understanding that GFC's for new development were
going to be eliminated. Warren explained that matter is before the County now, and that new
development is still being subsidized. Rawls explained that there would be a proposal to amend the
ordinance in the fall for actual implementation January of next year that would eliminate subsidy for new
development, but.that he would recommend to adjust the subsidy for the sewer portion so people in the
septic tank elimination program would see the same subsidy and would pay the same price; and that he
anticipated more detailed discussion of this matter next week. Munson stated his preference for not
subsidizing new housing developments.
It was moved by Mayor DeVleming and seconded by Munson to . eliminate new construction from the
STEP program, or'being eligible for the STEP program.
Vote by acclamation: Ayes: Unanimous. Nays: None. Abstentions: 'None. Motion carried.
Discussion then ensued regarding utility tax, ownership of • the sewer system, sales tax revenues to the
sewer program, and allocation of REET. Rawls said that his July 10` 5:30 presentation will help explain
those issues, including issues of possible increase in fees.. Rawls said his primary focus of the July 10
meeting will be financing and funding and what happens with decreased real estate and sales tax. After
further brief discussion on the TMDL (total maximum daily load) and perrnits acquired by Liberty Lake,
Mayor DeVleming called for a recess at 7:30 p.m. Mayor DeVleming reconvened the meeting at 7:45
p.m.
4. Parks Maintenance Report. Hutsinpiller briefly discussion his "Park Assessment 2003" report and
said this is to give perspective of things that need to be done in the future. Councilmember Munson said
he would like to see a prioritization of these items determine what must be done to maximize public
safety, and what can wait. Mayor DeVleming asked how these items will work in conjunction with the
parks portion of the Comprehensive Plan. City Manager.Mercier said this list is primarily concerned with
maintenance dollars, and that the current budget and any, budget amendment which may be proposed
would not contemplate expanded expenditure on the parks, that we have a master plan for the parks to
help decide which park has the greatest server potential• for citizens, and will keep this in mind as the
Comprehensive Plan is considered. Mayor DeVleming thanked Hutsinpiller for his diligent work.
7. Proposed Affordable Housing lntcrlocal Agreement: Planning Manager Greg McCormick
explained that Substitute House Bill 2060, enacted last year, provided for a $10.00 surcharge on
instruments recorded with the county auditor's office; that the law allows auditor's office to withhold
5% of these Rinds for administration of the program, that 60% of the remaining funds are retained by the
county in which they are collected, and 40% go to the state to fund state -wide affordable housing
programs. Mc.Corrnick said the main part of this agreement is agreeing to participate in this program. It
was the consensus of the Council that this item be placed on the next Council Consent Agenda.
Study Session Minutes 7 -01 -03 Page 3 of 5
Date Approved by Council:
.DRAFT
8. Proposed Alarm and Fee Collection Ordinance. Police Chief Cal Walker briefly discussed the
proposed ordinance establishing alarm regulations and imposing fees, adding that there are approximately
i -∎ 4,000 false alarms per year, half of which are from the Valley. Discussion then ensued regarding the fine
for false alarms and subsequent false alarms; fees and proposed fees, full recovery in the fine schedule;
and that schools are not charged for false alarms. It was recommended to remove the fees from the body
of the ordinance, that the City's current fee schedule addresses these fees and will be revised over time,
and to schedule this re- drafted ordinance as a regular agenda item for the July 8 meeting.
9. Columbia Fiber Agreement Discussion. Deputy City Manager Nina Regor and Deputy City
Attorney Cary Driskell discussed .the draft franchise agreement for Columbia and discussed and
responded to the proposed changes as per the "proposed amended" offer dated June 27, 2003. City
Attorney Schwartz also mentioned that State Statute .requires. franchises to be accomplished through
ordinance: Further discussion ensued regarding. the fees and the dark and lit fibers, after which John
Everett of Columbia Fiber reiterated the points made in his letter and mentioned he still disagrees with
some issues in the agreement, adding that $20.00 per fiber likely will not cover his costs. City Manager
Mercier stated that when municipalities franchise they have an opportunity to access a franchise fee and
often m lieu of that, they look for service exchange, and that there is yet unquantifiable value to having
those facilities located iii the public right -of -way so communities look to balance.that public value with an
exchange in services .to be used in government purposes and not to be used in competition. Driskell
mentioned former Deputy City Manager Stan McNutt conducted research to determine if 520.00 per
month is reasonable, and that data from several communities on the west side showed $18.87 per Month,
so $20.00 per month is reasonable. Mercier said there is no element on the fee schedule that applies to
this franchise, and said perhaps there should be no fee charged in lieu of having dark fiber. It was
determined that a "clean" copy will be brought back as a regular agenda item on the July 8 agenda.
10. Cable TV Advisory Board. Deputy City Attorney Cary Driskell went over the documents in the
packet and suggests making a proposed addition to the agreement to give any party the right to withdraw
after reasonable notice; that there is an issue about determining proportionate representation and in this
case is not easy to determine as numbers could be based .on subscribers rather than population.
Councilmember Munson mentioned this would be an advisory board- which might be of help in future
negotiations and study of the cable system. The revised agreement will be brought back on the regular
July 8 council agenda for consideration.
1.1.12.13. Ordinance Establishing Policy for Purchase of Goods, Services, etc; Ordinance granting
Contract Authority to City Manager; and Resolution Establishing Signature Limits. City Manager
Mercier explained that the first ordinance is a "second touch" suggestion on how to provide broad based
purchasing policy, the second ordinance is to create the authority for. distributing purchasing, and the
resolution is the medium by which council would provide authority limits. Discussion ensued 'regarding
making purchasing decisions within budget limitations and it was mentioned that the Ordinance repealing
Ordinance No. 12 mentioned in the second "whereas" that this will be done "providing the expenditure is
within the scope of the City budget." Councilmember Munson expressed concern with the resolution
having a $200,000 limit for the public works even though that is the statutory maximum amount allowed.
1t was moved by Councilmember Munson and seconded by Councilmember Flanigan to change the
description on #.1 for public works small works "roster from 5200,000 'to 5100,000, and leave the
remaining amounts as written. .
Due to the time, it was then proved by Councilmember - Taylor and seconded by Deputy Mayor Wilhite
to extend the meeting for fifteen (15) *minutes. Vote by acclamation: Ayes: Denenny, Flanigan,
Munson, Schimmels, Taylor, Wilhite. Nap DeVleming. Abstentions: None. Motion carried, •
Study Session Minutes 7 -01 -03 - Page 4 of 5
Datc Approved by Council:
DRAFT
Mayor DeVlerning called for the vote on 'Munson's motion: Ayes: .Munson. Nays: Denenny, •
DeVletning, Flanigan, Schimmels, Taylor, Wilhite. Abstentions: None. Motion failed.
These documents will be added to the July 8 council agenda.
14. Council Check -in Procedures and interactions. City Manager Mercier explained that this is to
give council an opportunity to review internal logistics, to discuss if things are going well or if they prefer
to handle anything differently, and as a mechanism to improve communications 'among council and staff;
and that this formula is practiced by many new city councils. Councilmember Munson said he would like
council to approve the agenda prior to finalization.. After discussion on this topic including the "advance
agenda," it was suggested to perhaps include "agenda comments" at the end of study session agendas.
It was moved by Councilmember Taylor and seconded by Councilmember Flanigan to extend the
meeting time for two minutes. Vote by Acclamation: Ayes: Flanigan, Munson, Schimmels, Taylor,
Wilhite. Nays: Denenny, .DeVleming. Motion carried
Councilmember Taylor asked for council consideration is not taking a final vote on the financing proposal
on Mirabeau until he returns from vacation July 19. it was the consensus of the Mayor and Council to
place that item on the July 15 study session and on the July 22 agenda.
Councilmember Taylor asked to be excused .from the council meetings of July 8 and 15. It was moved,
seconded, and unanimously, agreed upon to excuse Councilmember Taylor from the_ aforementioned
meetings. _
It was moved by Councilmember Munson and seconded by Councibneniher Denenny to a lend 'the
meeting time ten minutes. Vote by acclamation: Ayes: Unanimous. Nays: None. Abstentions: None.
Motion curried
15. City Manager Comments: City Manager Mercier reported that the Light Rail Steering Committee
is offering four elected officials the opportunity to experience the light rail in Portland Oregon.
Councilmcrxmber Schimmels indicated his desire to attend. Mercier will check the dates to determine if the
date is July 30 or July 31. Mercier also reported that he received information from the Department of
Revenue about sales taxes in the community and that staff is working to ensure that appropriate revenues
have been reported. Mercier also circulated a memo showing the employee hires that have occurred,
where they cane from, and where they are on the classification system.
It was moved, seconded and unanimously agreed upon to adjourn. The meeting adjourned at 9:35 p.m.
.APPROVED: .
ATTEST:
Christine Bainbridge, City Clerk
Michael DeVleming, Mayor
Study Session Minutes 7 -01 -03 Page 5 of 5
Date Approved by Council:
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
DATE ACTION IS TITLE: Claims TYPE OF ACTION:
REQUESTED:
July 8 Consent Agenda ATTACHMENTS:
APPROVED FOR
COUNCIL PACKET:
City Manager
Dept. Head
Attorney Approve As To
Form
Ordinance
Resolution
X Motion
Other
C )UBMJTTED BY: Finance
RECOMMENDED ACTION: Approval of Claims in the amount of S1,362,198.79
DISCUSSION:
ALTERNATIVES:
FISCAL IMPACT:
SOURCE OF FUNDS:
AMOUNT BUDGETED:
AMOUNT NEEDED FOR PROJECT:
vchlist
06/3012003 10:04:13AM
Bank code : apbank
Voucher Date Vendor
503 6/25/2003 000001
3048 6/30/2003 000170
3049 6/30/2003 000154
3050 6/30/2003 000160
3051 6/30/2003 000037
3052 6/30/2003 000030
3053 6/30/2003 000168
3054 6/30/2003 000163
3055 6/30/2003 000142
3056 6/30/2003 000173
3057 6/30/2003 000148
I SPOKANE COUNTY TREASURER
. "4 LINE 1ST AID INC
" AASHTO
i/AL ED ENVELOPE CO.
MERICAN LINEN
AVISTA UTILITIES
L & C TELEPHONE INC.
1/ G 5 CORP.
IG LOTS
P NGAMAN,GREG
UMENTHAL UNIFORMS & EQUIP
Voucher List
Spokane Valley
Invoice
305741
306870
307404
307962
PO #
062403
7979
30010 30010
39125
187352
90069444 -603
74392
99878751
Description /Account
PARKS & REC CONTRACT MAY'
Total :
CPR CERTIFICATIONS
BOOKS
ENVELOPES
FLOOR MAT SERVICE
STREET LIGHTING
LABOR
ACTIVITY MAT
1001 IT SUPPORT SERVICES
Total :
Total :
Total :
Total :
Total :
Total :
Total :
06557 DAY CAMP ACTIVITY SUPPLIES
Asst. DAY CAMP ACTIVITY SUPPLIES
Total :
Total :
UNIFORM EMBLEM APPLICATI
UNIFORM EMBLEMS
UNIFORM EMBLEM APPLICATI
UNIFORM EMBLEM APPLICATI
Total :
Page: 1
Amount
60,107.09
60,107.09
110.00
110.00
471.32
471.32
63.91
63.91
40.70
40.70
32.04
32.04
37.50
37.50
97.26
97.26
62.14
503.16
565.30
1,560.00
1,560.00
21.73
7.24
3.62
12.65
45.24
Page: 1
vch1ist
06/30/2003 10:Q4:13AN
Bank code : apbank
Voucher Date Vendor
3058 6/30/2003 000101 e
3059 6/3012003 000166 CONCENTRA MEDICAL CENTERS
3060 6/3012003 000035 O.g 5 PORATE EXPRESS
3061
3062
3063
3064
3065
3066
3067
3068
6/30/2003
6/30/2003
6/30/2003
6/30/2003
6/30/2003 000171
6/30/2003 000155
6/30/2003 0001 556
6130/2003 000161
000018 t.R TIVE BUSINESS SYSTEMS
000152 PARTMENT OF TRANSPORTATION
000059 • VLEMING, MICHAEL
000014 N SYSTEMS, INC_
EIER CORRECTIONS CENTER
I1RTHONG
HUMPHREY, GARY
Vou cher List
Spokane Valley
Invoice
1071420
51372762
43560886
43794278
43827684
43903954
43932414
44061602
6721
ATB30610082
061503
0403
062403
200
062403
PO #�
DescriptionIAocount
LASER PRINTER
EMPLOYMENT PHYSICAL
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE NAME PLATES
ROAD MAINTENANCE
PARACHUTE
OFFICE LIGHTING MATL
Total
Total
Total
Total
Total
REIMBURSEMENT, MTG EXI EN
Total
18969 SOFTWARE PROJECT MANAGE
16970 TRAINING & EXPENSES
16971 AIRBORNE CARRIER CHARGES
Total
GEIGER CORRECTIONS CONTR
Total :
Total
Total
PROFESSIONAL MEMBERSHIP
IFf •
Page=
2
Amount
3,030.92
3,030.92
55.04
56.00
585.96
13.25
14.49
279.14
74.95
9.81
957.60
69/2
69.72
10,817.01
10,817.01
6.00
5.00
3.637,60
6,687.93
16.05
10,342.38
5,763.50
5,763.50
44.22
44.22
145.00
145.00
215.00
Page: 2
vchlist
06/30/2003 10:04:13AM
Bank code : apbank
Voucher Date Vendor Invoice PO # Description /Account Amount
3068 6/30/2003 000161 IIMC .. (Continued) Total : 215.00
3069 6/30/2003 000082 tIMPREST FUND
3071 6/30/2003 000068 INLAND PACIFIC STAMPS, AND MARKIN 0469692
0469713
3074 6/30/2003 000033 MCPC
3075 6/30/2003 000157 OAT, BRIAN
3077 6/30/2003 000077 L-1 RISON, DON
Voucher List Page: 3
Spokane Valley
PC -final REDEEM PC RECEIPTS /CHANG
Total :
3070 6/30/2003 000022 BAND BUSINESS PRODUCTS, INC. 49348 EMPLOYEE ID BADGE
49349 EMPLOYEE ID
49378 EMPLOYEE ID BADGE
CUSTOM STAMPS
CUSTOM STAMPS
Total :
Total :
150.00
150.00
10.81
10.81
32.43
54.05
144.58
206.80
351.38
3072 6/30/2003 000159 "LALE, DANETTE dlale DAY CAMP REFUND 509.00
Total : 509.00
3073 6/30/2003 000076 MC NUTT, STAN 060103 REIMBURSEMENT; TOOLS 72.87
Total : 72.87
208898480 OFFICE SUPPLIES 22.14
4382747 OFFICE SUPPLIES 155.00
4386069 OFFICE SUPPLIES 112.70
4389370 OFFICE SUPPLIES 147.07
4392121 OFFICE SUPPLIES 352.87
4392648 OFFICE SUPPLIES 87.83
Total : 877.61
062303 CONTRACT LABOR 105.00
Total : 105.00
3076 6/30/2003 000053 0016D OFFICE EQUIPMENT 45052 TYPEWRITER 248.63
45053 TYPEWRITER 248.63
Total : 497.26
062003 EXPENSE REIMBURSEMENT 299.00
Total : 299.00
Page: 3
vchlist
06/3012003 10:04:13AM
Bank code : apbank
3079 6/30/2003 000036 t DEPOT
3080 6/30/2003 000045 LP116NES PLUS
3081 6/30/2003 000041 l'PROTHMAN COMPANY
3082 6/30/2003 000019 PURRFECT LOGOS, INC.
3083 6/30/2003 000131 UALITY INN VALLEY SUITES
3084 6/30/2003 000176 L4 KELL, SANDRA
3085 6/30/2003 000139 HOPKO
Voucher List
Spokane Valley
Voucher Date Vendor Invoice PO # Description /Account Amount
3078 6/30/2003 000058 CCUPATIONAL MEDICINE, ASSOCIAT 408880
409045
409128
409383
207419211
208005507
208005687
208898453
2619
5945
8649
EMPLOYEE LAB SCREENING
EMPLOYEE LAB SCREENING
EMPLOYEE LAB SCREENING
EMPLOYEE LAB SCREENING
Total :
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
Total :
Total :
Total :
Total :
Total :
Page: 4
96.00
96.00
96.00
96.00
384.00
117.46
284.81
49,62
7.33
11,87
99.13
3.88
574.10
74274 TELEPHONE EQUIPMENT 183.78
183.78
2003 -206 CONSULTING SERVICES 71,119.95
71,119.95
8669 VEHICLE LOGO 37.84
37.84
19564 LODGING 73.57
73.57
061103 REIMBURSEMENT FOR FUEL 5.00
Total : 5.00
50742 DAY CAMP ACTIVITY SUPPLIES 69.66
50743 DAY CAMP ACTIVITY SUPPLIES 133.60
50750 DAY CAMP ACTIVITY SUPPLIES 253.45
Total : 456.71
3086 6/30/2003 000169 ("SPOKANE ART SUPPLY IN- 172917 DAY CAMP ACTIVITY SUPPLIES 70.72
IN- 173345 T- SQUARE 25.04
Page: 4
vchlist
06/30/2003 10:04:13AM
Bank code : apbank
Voucher Date Vendor Invoice PO # Description /Account Amount
3086 6/30/2003 000169 SPOKANE ART SUPPLY
Voucher List Page: 5
Spokane Valley
(Continued)
IN- 173420
IN- 173621
CUSTOM FRAMING
DAY CAMP ACTIVITY SUPPLIES
Total :
37.30
4.64
137.70
3087 6/30/2003 000172 VSPOKANE COUNTY ENGINEER 1 SPOKANE COUNTY ENGINEERI 20,870.76
� Total : 20,870.76
3088 6/30/2003 000090 SPOKANE COUNTY INFORMATION, SYS 30665 GIS CONTRACT PAYMENT 4,667.47
Total : 4,667.47
3089 6/30/2003 000175 L 'fOYS "R" US 6092 TOYS & GAMES 976.7
8
" Total : • 976.78
3090 6/30/2003 000174 LV LLEY BOWL, INC. 646 DAY CAMP FIELD TRIP 95.00
Total : 95.00
3091 6/30/2003 000167 "‹ERA WATER & POWER 062403 STREET LIGHTING 53.28
May03 STREET LIGHTING POWER CHG 298.67
Total : 351.95
3092 6/30/2003 000005�V 1I, INC 159089 COMPUTER NETWORK WIRING 1,716.63
, Total: 1,716.63
W
3093 6/30/2003 000100 WABO 2815 BLDG CODE BOOKS 188.62
Total : 188.62
3094 6/30/2003 000056 WASHINGTON FINANC OFFICERS, ASS 2991/2990 WORKSHOP REGISTRATIONS 90.00
Total : 90.00
3095 6/30/2003 000158 'WELCH COMER & ASSOC. INC 2003227 PROFESSIONAL SERVICES 3,362.50
� Total : 3,362.50
3096 6/30/2003 000015 "WORKLAND & WITHERSPOON, PLLC 3 LEGAL SERVICES 286.11
Total : 286.11
60903 6/27/2003 000001 POKANE COUNTY TREASURER 060903 JAIL SERVICE CONTRACT MAY ( 12,221.00
Page: 5
vchlist
06/30/2003 10:04:13AM
Bank code : apbank
Voucher
Date Vendor
60903 6/27/2003 000001
62503 6/27/2003 000001
62703 6/30/2003 000001
627003 6/27/2003 000001
54 Vouchers for bank code :
54 Vouchers in this report
Finance Director Date
'OKANE COUNTY TREASURER
'- SPOKANE COUNTY TREASURER
SPOKANE COUNTY TREASURER
SPOKANE COUNTY TREASURER
apbank
I, the undersigned, do certify under penalty of perjury,
that the materials have been furnished, the services
rendered, or the labor performed as described herein
and that the claim is just, due and an unpaid obligation
against the City of Spokane Valley, and that 1 am
authorized to authenticate and certify to said claim.
n
Voucher List
Spokane Valley
Invoice
(Continued)
062403
060503
0605003
PO #
Description /Account
Total :
HEARING EXAMINER CONTRAC
Total :
SHERIFF LAW ENFORCEMENT C
Total :
SPOKANE COUNTY CONTRACT
Total :
Bank total :
Total vouchers :
Page: 6
Amount
12,221.00
3,732.75
3,732.75
961,418,16
961,418.16
181,753.53
181,753.53
1,362,198.79
1,362,198.79
Page: 6
DATE ACTION .I.S
REQUESTED:
July 8
Consent Agenda
APPROVED FOR
COUNCIL PACKET:
City Manager
Dept. Read
Attorney Approve
As To Form
SUBMITTED BY: Finance
RECOMMENDED ACTION: Approve payroll amount of $51,8
ALTERNATIVES:
FISCAL IMPACT: $
SOURCE OF FUNDS:
AMOUNT BUDGETED:
AMOUNT NEEDED FOR PROJECT:
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
TITLE:
Payroll
ATTACHMENTS:
TYPE OF ACTION:
Ordinance
Resolution
X Motion
Agreement
�
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
DATE ACTION IS TITLE:
REQUESTED: 2060 Funding Interlocal
July 8, 2003 Agreement — Agreement for
Consent Agenda Affordable Housing
APPROVED FOR Resolution
COUNCIL PACKET:
City Manager
Dept. Head
Attorney Approve
As To Form
TYPE OF ACTION:
Ordinance
ATTACHMENTS: X Motion
Interlocal Agreement Other
SUBMITTED BY: Greg McCormick, AICP
STAFF RECOMMENDS ° COUNCIL MAKE .A MOTION TO: Authorize Mayor DeVleming to enter
into an interlocal agreement with Spokane County to begin the process of allocating funds.collectcd by
the Spokane Auditor's Office consistent with Substitute House 131112060.
DISCUSSION: In 2002 Substitute House Bill 2060 (SHB 2060) was passed by Washington State Legislature.
SI-113 2060 provided for a ten dollar surcharge on instruments recorded with the county auditor's office. The
funds collected as a result of this bill are to be used for low income housing and affordable housing for
persons /households who are at - 50% of the area median income. The agreement establishes the framework for
distributing funds under this program.
ALTERNATIVES: 'ES: Suggest modifications to the agreement-as appropriate or not authorize signing the
agreement and not participate directly iii the program with the county and other local jurisdictions.
FISCAL IMPACT: None
SOURCE OF FUNDS: N/A
AMOUNT BUDGETED: N/A
AMOUNT NEEDED FOR PROJECT: N/A
C :1Doeutnents and SettingshcbainbridgehLocal Settings \Temporary Internet FileshOLK2I v' enda Rill for 2060 interlocal agecment.doe
INTERLOCAL AGREEMENT •
FOR THE ADMINISTRATION OF SURCHARGE FUNDS
COLLECTED PURSUANT TO HOUSE BILL 2060
THIS INTERLOCAL AGREEMENT, (the "Agreement "), is entered into by and between the
SPOKANE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT, a
governmental entity, whose •address is 721 North Jefferson Street, Suite 200, Spokane WA, 99260,
( "SCH &CDD "), and CITY OF SPOKANE VALLEY, a political subdivision of • the State of
Washington, whose address is 11707 E. Sprague Avenue, Suite 106, Spokane, Valley, WA 99206
( "CTTY ") and jointly referred to, as the "Parties ", in the manner set. forth'herein.
•
RECITALS
1. The Spokane County Board of County Commissioners, pursuant. to the provisions of.thc Revised Code
of Washington, Section 36.32.120(6), has the care of County property and the management of County
funds and business: and
2. Substitute House Bill 2060, creating a special surcharge on the recording documents through the
County Auditor's office, was passed by the'.Washington State Legislature during the 57 Legislative
Session and signed by Governor Locke on April 2, 2002; and
3. The Spokane County Board of County Commissioners, by Resolution 02 -0438, authorized the
Spokane County Community Services Departrnent and Housing and Community. Development
Department Director to develop plans, budgets and administer funds collected as the surcharge
created by Substitute House Bill 2060 and retained by the County; and
4. The Spokane County Community Services Department and Housing and Community Development
Department Director conducted public workshops in October and 2002, for the purpose of
consultation with interested individuals, groups and agencies in developing plans and processes. for
allocating Substitute House Bill 2060 surcharge funds; and
5. On April 22, 2003, pursuant to Resolution 03- 041.0, the Spokane County Board of County
Commissioners authorized the Spokane County Community Services Departrnent and Housing and
Community Development Department Director to implement the Spokane County Trust Fund for the
purpose of administering the Substitute House Bill 2060 surcharge funds; and
•
SHB 2060 Surcharge Administration
Interlocal Agreement
Page 1 of 4
6. The purpose of this Cooperation Agreement, which is entered into pursuant to, and in accordance with
the State Inter -local Cooperation Act, RCW 39.34, is the administration of the Substitute House 13i11
2060 surcharge funds pursuant to Substitute House Bill 2060, as enacted.
NOW, THEREFORE, in consideration of promises made herein and the mutual benefits received
hereunder, the Parties agree as follows:
A. The Spokane County Housing and Community Development Department is designated .as -the
County's agency for administering and expenditure of Substitute -House Bill 2060 surcharge
funds retained by the Spokane County Auditor. pursuant to Substitute House Bill 2060 as
enacted, to be used for the following purposes:
1. Acquisition, construction, or rehabilitation of housing projects or units within housing
projects that are affordable to very low- income persons with incomes at or below fifty
percent of the area median income.
2. Supporting building operation and maintenance costs of housing projects or units within
housing projects built with ,(state) housing trust fiends, that are affordable to very low - income
persons with incomes at or below fifty percent of the area median income, and that require a
supplement to rent income to cover ongoing operation expenses.
3. Rental assistance vouchers for housing projects or units within housing projects that are
affordable to very low- income persons with incornes• at or below fifty percent of the area
median income; to be administered by a local public housing authority or other local
organization that has an existing rental assistance voucher program, consistent with the
United States Department of Housing and Urban Development's Section .8 Rental Assistance
Voucher program standards.
4. Planning and administration costs:
B. The Spokane County Housing and Community Development Department will provide the City
with a written summary of the funds collected and expended under the terms of this Agreement.
C. The Spokane County Housing and Community Development Department Director will establish
an ad hoc committee to evaluate and recommend proposals for funding with the available
Substitute House Bill 2060 surcharge funds. The committee will be comprised of the following
individuals:
1. A Representative of the City of Spokane Valley, appointed by the Mayor.
2. A Representative of the City of Spokane Community Development Department, appointed by
the Mayor.
3. A Representative of Spokane County.
4. • A Representative of the Spokane Low Income Housing Consortium.
SHB 2060 Surcharge Administration
lnterlocal Agreement
Page 2 of 4
5- A Representative of a non -profit organization providing services to very ]ow- income persons
with incomes at or below fifty percent of the area median income within the boundaries of
Spokane County.
D. Unless extended or otherwise earlier terminated, this Agreement shall expire without further
notice on April 22, 2005.
The tens of the Agreement may be extended or altered only by a fully executed Amendment,
pursuant to the terms of this Agreement.
E. No provision of the Agreement is intended or deemed to create any relationship between the
Parties hereto other than that of independent entities agreeing with each other solely for the
purpose of effecting the provisions of the Agreement. Neither of the Parties hereto, nor any of
their respective employees, shall be construed to be the agent, employee, representative - joint
venture, or partner of the other.
F. Contractor and SCRSN will work together in good faith to resolve any disputes relating to this
Agreement. If the Parties are unable' to resolve a dispute relating to this Agreement within
• fifteen (15) days following the date .one. Party sends written notice of the dispute to the other
Pasty, the dispute may be subinitted by either party to the Director of Spokane County
Community. Services ("Director"). •
G. The Director's decision shall be made within five (5) business days of receipt of the dispute,
unless circumstances warrant a reasonable delay in said response.
H. Except as provided otherwise herein, this Agreement may be amended only in writing by
agreement of all parties hereto- -
I- Contractor shall not assign this Agreement without prior written consent of .SCRSN nor delegate
any of ils duties hereunder except as otherwise provided in this Agreement, This Agreement may
be freely assigned by the SCRSN to tuiy successor or affiliate of SCRSN.
J. Any notices required in accordance with any of the provisions herein shall be _delivered
personally, or sent by registered or certified mail to:
COUNTY: •
T9= . Kasey Kramer, .SCCSD and SCH&CDD Director
7121 North Jefferson Street, Suite 403
Spokane, WA 99260
Fax: (509) 477 -6827
With a copy to: Spokane County Housing and Community Development Department
clo Departmental Counsel
721 North Jefferson Street, Suite 403
Spokane, WA 99260
Fax: (509) 477 -6827
SHE; 2060 Surcharge Administration
.1nterlocal Agreement
Page 3 of 4
With a copy to:
By:
ATTEST:
CITY: City of Spokane Valley
To: Attn: City Clerk .
11707 E. Sprague Avenue, Suite 106 •
Spokane. Valley, WA 99206
ADOPTED by the J3oard of County Commissioners of Spokane County, Washington this clay of
, 2003.
ATTEST:
VICKY M. DAL TON
CLERK OF THE BOARD
Daniela Erickson, Deputy M. Kate McCaslin, Commissioner
• FOR CONTRACTOR:
DATE: City of Spokane Valley
Christine Bainbridge
Spokane Valley City Clerk •
Spokane Valley Long Range Planning Manager
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA • 99206 •
Fax: (509) 921 -1008
SFTT3 2060 Surcharge Administration
Interlocal Agreement
Page 4 of 4
Fax:: (509) 921 -1008
John Roskellcy, Chair •
Phillip D. Harris, Vice -Chair
13y:
Michael DeVlerning, Mayor
DATE ACTION IS
REQUESTED:
July 8
APPROVED FOR
COUNCIL PACKET:
City Manager
Dept. Head
Attorney Approve
As To Form
JB MIT TED BY: Cary Driskell
RECOMMENDED ACTION:
ALTERNATIVE ACTION:
FISCAL IMPACT: $
SOURCE OF FUNDS:
AMOUNT BUDGETED:
AMOUNT NEEDED FOR PROJECT:
CITY OF SPOKANE VALLEY
REQU:EST FOR COUNCI..L ACTION
TITLE:
Ordinance Establishing Alarm
Regulations
ATTACFIMENTS:
TYPE OF ACTION:
X Ordinance
Resolution
Motion
Agreement
CITY OF SPOKANE VALLEY
SPOKANE COUNTY WASHINGTON
ORJ)I TANCE NO. 03 -070
AN ORDINANCE OF 1HlE: CITY OF SPOKANE VALLEY, WASHINGTON,
ESTABL1S} NG ALARM REGULATIONS FOR THE
CITY OF SPOKANE VALLEY
WHEREAS,. false alarms require fire and police agencies to use limited financial and
personnel resources in an inefficient manner; and
WHEREAS, the City Council desires to establish an alarm ordinance to reduce the
number.of false alarms to which fire and police personnel must respond;
NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as
follows:
Section 1. Intent. The City of Spokane Valley declares that response to false alarms
to be an unnecessary, inefficient use of the limited manpower and other resources of the City
Police Department. Therefore, the intent of this Ordinance is to promote more effective and
efficient law enforcement services to the public through reduction of the number of responses to
false alarms.
Section 2. Definitions. In construing the provisions of this Ordinance, except where
otherwise. plainly declared or clearly apparent from the context, words used in this Ordinance
shall be given their common and ordinary meaning and in addition, the following definitions shall
apply:
(1) "alarm system" means any assembly of equipment, mechanical or electrical,. designed
to alert law enforcement agencies, the public or any person of the commission or attempted
commission of a cringe.
(2) "alarm user" means any person, business or others entity, which owns or has control
over any building, structure or facility where an alarm system is maintained.
(3) "authorized service personnel" means • those persons who, by reason of. their
experience, training or occupation, can demonstrate to the City Police that they are qualified to
inspect and repair alarm systems.
(4) "false alarm" means the intentional or unintentional activation of any alarm system
that elicits a response from the City Police Department when no criminal act has been committed
or attempted. The causes of false alarm include, but are not limited to, the following: equipment
malfunction, improper installation or maintenance of equipment, human error or negligence, or
any cause other than the actual commission or attempted commission of a criminal act.
(5) '`intentional" means an act , done by • intention. A person acts with intent or
intentionally when he or she acts With the object or purpose to accomplish a particular result.
Section 3. Prohibited equipment -- Automatic dialing device. Any alarm system
designed to alert any law enforcement agency of an emergency by providing unattended
Alarm Ordinance Page 1 of 4
automatic dialing to 911 or any public telephone number of a law enforcement agency for the
purpose of transmitting a preprogrammed signal, message or code shall,be prohibited. .
Section 4. Required equipment — Standbv_power backup. source. All alarm systems
shall have a standby backup power supply which will automatically assume the operation of the
alarm system should any interruption occur in power to the system: The transfer of power from
the primary source to the backup source must occur in a manner that does not activate the alarm.
Section 5. Audible alarms — Time limit. It shall be unlawful to operate an audible
alarm system which does not shut off within a maximum of thirty minutes from the time of
activation. Shutoff may be accomplished either with an automatic cutoff or by. manual operation.
if the alarm system has .an automatic cutoff with a rearming phase, the rearming phase must be
able to distinguish between an open and closed circuit and if the circuit is broken, the system will
not rearm.
Section 6. Emergency response information.
(1) No person or business shall maintain an alarm system unless:
A) There is a list filed with the City Police Department of the telephone numbers
at which the person or persons authorized to enter the premises where the alarm
is located and turn off the alarm can be reached at all times; or
(13) Such a list is filed with a monitoring service and a twenty -four hour.
telephone number for that service is provided to the City Police Department or
clearly displayed outside the premises where the alarm is located.
(2) Upon notification by the City Police Department ° that his presence. is required, the
alarm user or his representative, shall .promptly proceed to the scene of the alarm within a
reasonable period of time and render necessary service. Such service, when necessary, shall.
include turning off the alarm and /or opening the alarmed premises so a search can be made.
(3) Circumstances that may require the alarm user's presence include, but are not limited'
to: continual malfunction of an alarm system which causes repeated. false alarms over a short
period of time; evidence at the alarmed premises indicating a crime was com.mitted or attempted
and further investigation is necessary; or the premises is not or cannot be properly secured:
Section 7: False alarms prohibited — Penalties.
(1) No.alarm user shall cause or allow a false alarm.
(2) The intentional activation of a burglary or robbery alarm system for the purpose of
summoning the City Police Department for other than an actual burglary or robbery or a life -
threatening emergency situation, shall be punishable as a misdemeanor.
(3) False alarins: from the same location within a six -month period shall be subject to the
fees schedule set forth in the Spokane Valley MasterFee Schedule, Fire Code Fees.
(4) Hearing on notices of•infraction issued pursuant to Section 8(3) shallbe heard by the
Spokane Valley Hearing Examiner pursuant to RCW 7.80.010(5). The procedures for issuance of
Alarm Ordinance Page 2 of 4
a notice of infraction, hearings, assessment and payment of monetary penalties, shall be in
accordance with the provisions of ItCW 7.80.
Section 8. Enforcement — Policies.
(1) The provisions of this Ordinance shall be administered and enforced by the City
Police Department. The City Police Department is authorized to make and enforce such rules and
regulations as are necessary to implement the provisions of this Ordinance. Copies of the rules
and regulations promulgated under this Ordinance shall be available to the public at the City
Police Department and/ or at City Hall.
(2) The City Police `Department may utilize the following procedures and practices to
reduce false alarms:
(a) On the first false alarm within a six -month period, the alarm user may
be required to provide certain information when an alarm is received from
an alarm system under his or her control. This information may include:
(i) The cause of the alarm;
(ii) Any corrective action taken;
(iii) Whether or not the alarm system had been inspected 'and/or
repaired and the name and address of the person performing the repairs.
(b) On the second false alarm within a six -month period, the alarm user shall
submit a written report as provided in the previous subsection. in addition, the.
City Police Department may require inspections . of the alarm system by
authorized service personnel at the alarm user's expense; and the City Police
Department may prescribe corrective action to be taken as the result of the
inspection.
(c) On the third or subsequent false alarm within a six -month period, the, alarm
user shall submit a written. report as provided in the previous subsections. The
City Police Department may require inspections of the alarm.' system by
authorized service personnel at the alarm user's expense; and the City .Police
Department may prescribe corrective action to be taken as the result of the
inspection. In addition: •
(i) The City Police Department may .assign a lower response priority or
not respond at all,.to alarms received from the alarm system; .
(ii) The City Police_ Department may order that an alarm system be
disconnected; provided, that no alarm system required by law shall be
ordered disconnected. Notice shall be given to the alarm user at east
forty -eight hours prior to the required disconnection if the name(s) of the
alarm user(s) have been provided to the City Police Department. Failure
to furnish the name(s) .of the alarm uscr(s) shall constitute a waiver of
this notice requirement; and
(iii) An alarni user under this subsection shall be subject to the provisions
of subsection 8(3).
Alarm Ordinance Page 3 of 4
Section 9. • Misdemeanor. The violation of subsection 8(2) shall constitute a
misdemeanor, punishable by imprisonment in jail for up to ninety days or by a fine of not more
than one thousand dollars or by both such fine and imprisonment.
Section 10: Grace period. There shall be a six -month grace period. beginning at the
effective date of this Ordinance, during which time no punitive action will be taken against alarm
users violating this Ordinance; provided, the .City Police Department may require alarm users to
provide information as required by subsection 9(2)(a).
Section 11. Distribution of funds. All funds collected from fees imposed under this
Ordinance shall be distributed the City General Fund.
•Section 12: Severability. If any - provision of this Ordinance is held invalid, the
remainder of the Ordinance is not affected.
Section 1.3. .Effective date. This Ordinance shall be in full force and effect five days
after publication of this Ordinance or a summary thereof occurs in the official newspaper of the
City as provided by law.
ATTEST:
Passed on this
City Clerk, Chris Bainbridge •
Approved As To Form:
(d) If the policies of ordering alarm systems disconnected and /or no response by
the City Police Department are implemented, provisions shall be made for
allowing the alarm system to be reconnected and response reinstated if the alarm
user satisfactorily shows that the cause(s) of the previous false alarms has(have)
been identified and corrected.
(i) Once reconnected, the alarm system shall.be on probationary status
for a set period of time not to exceed six months.
(ii) If the repeated instances of false alarms continue during the
probationary period, the alarm system may again be ordered
disconnected and the policy of no response may be invoked.
day of July, 2003.
Interim City Attorney, Stanley M. Schwartz
Date of Publ ication:
Effective Date:
Mayor, Michael DeVleming
Alarm Ordinance Page 4 of 4
DATE ACTION IS
REQUESTED:
July 8
APPROVED FOR.
COUNCIL PACKET:
City Manager
Dept. Head
Attorney Approve
As To Form
• TITLE:
Ordinance Establishing
Comprehensive Policy for
Purchase and Disposition of
Goods, Services, •
Supplies and Property
ATTACHMENTS:
TYPE OF ACTION:
X Ordinance
Resolution
Motion
Agreement
AUBMITTED BY: Dave Mercier
RECOMMENDED ACTION:
ALTERNATIVE ACTION:
FISCAL IMPACT: $
• SOURCE OF FUNDS:
AMOUNT BUDGETED:
• AMOUNT NEEDED FOR PROJECT:
CITY OF SPOKANE VALLEY
REQITEST FOR COUNCIL ACTION
AN ORDINANCE•OF TILE C OF SPOKANE VALLEY, WASHINGTON, ESTABLISFLING A
COMPREHENSIVE 'POLICY FOR THE PURCHASE AND DISPOSITION OF ODDS,
SERVICES, EQUIPMENT, SXTPPLIES, AND PROPERTY FOR TEM CITY OF SFOKA.NE
VALLEY,
WHEREAS, Washington law and City Ordinance govern the ,procurement of public goods,
services and works; and
VIIBERLAS, the City Council desires to comply with state law and to engage in best management
practices in all aspects of bidding and purchasing; and
WirTEREAS, the City Council desires to establish purchasing policies to guide the procurement
of goods and services for the City;
follows;
particular project or service.
CITY OF SPOKANE VALLEY
SPOKANE COUNTY WASHINGTON
ORDINANCE NO. 03-071
NOW TKEF EF -ORE „the City .Council of the City of Spokane Valley, Washington, do ordain as
Section .1. Definitions_ Unless the context requires otherwise, the terms used in this ordinance
shall have the following me.arEing:
- A. Contractual Services= Professional and general service contacts to accomplish a
B. Bidding: Procedure used to solicit 'quotations on price and delivery from various
prospective suppliers of•rnatcrials, goods,. equipment, and other City property_
C, Biel: An offer, submitted by a bidder to furnish supplies, materials, goods, equiparncnt and
other property in conformity with . the specifications, delivery terms and conditions, and other
requirements included in the invitation for bids or otherwise required by the City_
D. Local Bidder; A Erin or individual who regularly maintains a place of business and
transacts business in, or maintains an inventory. of merchanciist . for sale in, and is registered or licensed
by the of Spokane
E. • Responsible Bidder; A bidder who has proven by experience or information furnished to
the satisfaction of the City Manager or his designee that current financial resources, production or service
facilities service reputation and experience are adequate to make satisfactory delivery of supplies of.
acceptable quality, or contractual services on which be)sl'e bids: and who has not violated or
attempted to violate any provisions of this policy.
P. Purchasint; The Finance• Director or any City employee designated by the
Manager to serve as a Purchasing Agent. •
Ordinance Policy for Purchase of Goods
Page 1 of 7
G. Requisition: A standard form providing detailed information as to quantity, description,• -
estimated price, possible vendors, fund account, signature and other information necessary to make
purchasing decisions. -
H. Purchase Order: Document used to authorize the encumbrance of City funds toward the
purchase of supplies, materials, equipment and other property.
1. Adequate Appropriation Balance: Sufficient fund balance existing in the appropriation
item against which the purchase order is to be charged.
J. Public Property. Any item of real or personal property owned by the City.
K. Capital Equipment. Any equipment of•the City having an initial value of five hundred
dollars ($500) or more and an estimated useful life of three.(3) or more years.
Section 2. Administration. Under •direction of the Finance Director, the purchasing
procedure shall be administered in accordance with this ordinance and other applicable laws. The
Finance Director or designee(s) shall have the responsibility to:
A. Administer and maintain the purchasing system according to the rules and regulations
established or authorized by applicable ordinances and-statutes.
B. Coordinate the negotiation, purchase and disposition of all City supplies, materials and
equipment in consultation with City staff.
C. Seek to obtain competition by bidding or negotiation on all City purchases.
D. Prescribe and maintain such administrative policies, procedures and forms as are
reasonably necessary to implement this ordinance.
E. Coordinate the inspection of-all City purchased equipment to assure conformance with
specifications.
F. Ensure that bidders' lists, vendors' catalog files and other records needed for the efficient
operation of the purchasing system are maintained. -
G. Maintain.the property inventory and fixed asset systems of the City.
H. Determine with appropriate City staff the need for any routine preventive maintenance
contracts on various pieces of equipment, and to establish and maintain said maintenance contracts.
1. Periodically prepare a comprehensive list of surplus, worn out or obsolete City-owned
equipment. Items which cannot be used or re- assigned to another department shall be recommended for
disposal at a public auction.
Section 3. Local vendors. iBids and price quotations will. be obtained from Spokane Valley
vendors whenever reasonable. • -
Ordinance Policy for Purchase of Goods Page 2 of 7
Section 4: General Services. Except for Architectural and Engineering services as provided •
in Ordinance No. 2Z contracts for services budgeted or estimated to exceed twenty-five thousand dollars
($25,000) shall be procured through. negotiation pursuant to a• publicly advertised Request for Proposals
(RFP), Request for Statements of Qualifications (SOQ), or similar document.
Section 5. Competitive Bidding. When the price of the supplies, materials, goods or
equipment is estimated to exceed twenty -five thousand dollars .($25,000.00), the following competitive
bid process shall be used.
A. Publication of Notice. For non- public works projects, sealed bids may be invited by a
single publication in the official newspaper at least seven (7).days prior to bid opening and by•mailing
invitations to interested bidders who have requested their names be included on a bidder's list for the type
of purchase to be made. Notice of the request shall also be posted in a public place by the City Clerk.
The notice shall generally state the nature of the work to be done, that plans and specifications May be
obtained from the City, and the manner, place,_date and time for submitting a bid to the City.
B. Rejection•of Bids. The Finance Director may reject, without cause, any and all bids and
may re- advertise for bids pursuant to the procedures herein described. If no bids are received. the Finance
Director, with approval of the City Council, may negotiate the purchase with a vendor at the lowest cost
possible to the City.
C. Performance Bonds. Before entering into a.contract,• the City Manager may require a
perforrnance.bond in such amount as is reasonably necessary to protect the best interests of the City and
to assure complete, proper, and full performance of the contract. A performance bond shall.be required
on all public works construction projects. • .
D. Bid Bonds. The Finance Director may require as a condition of.biddi.ng a bid bond or a
cashier's check in lieu thereof in the amount of 5 percent (5 %) of the amount bid. Such bid bond shall be
required on all formally bid public works construction projects. When the contract is let, all bid bonds
shall be returned to the bidders except that of the successful bidder' which shall be retained until- a
contract is entered into and a bond to sperform the work furnished as provided above. If the successful
bidder fails to enter into the contract in accordance with the bid and furnish such bond within ten (10)
days from the date at which the bidder is notified of bid award, the bid bond shall be forfeited.
E. • Award of Bid. Except as otherwise provided herein, the City will accept the bid of the
lowest responsible bidder.
F. Award to Other Than Low bidder. When the bid.award is not given to the lowest bidder,
a full and complete statement of the reasons shall be prepared by the Finance Director and placed in the
City file relating to the transaction.
Section 6. :Exemptions To Competitive Bidding Rec uirements. The following types of
purchases are exempt from competitive bidding requirements:
. A. Sole Source: Purchases which by their nature are not adapted to competitive bidding,
such as purchases which are clearly and legitimately limited to a single source, and contracts to repair or
addition to equipment owned by the City which may be more accomplished to by a certain
person or firm, with previous experience on the equipment.
Ordinance Policy for Purchase of Goods Page 3 of 7
B. Special Facilities or Market Conditions. Purchases involving special facilities or market
conditions that generally relate to acquisition 'of unique facilities that may be specially manufactured or
not otherwise generally available. Special market conditions may require immediate acquisition based
upon a favorable offer including but not limited to, liquidation sales,.public or private party offers and
similar circumstances where the acquisition can be.obtained at below market value.
Where the City waives the competitive bidding requirements for • sole source, special
facilities /market conditions, the City Council shall pass a Resolution reciting the factual basis for the
exception.
C. Auction, Closeout. Bankruptcy Sales. If it is determined that supplies, material, or
equipment can be purchased through public auction, closeout sale, bankruptcy sale or other similar sale at
a cost below the market cost; the Finance Director may authorize said purchase(s).
D. Exchanges. The City' may by agreement. exchange supplies, materials or equipment with
other public agencies.
E. Inter -local Agreements in Letting of Contracts for Commodities or Services. The' City
Manager may enter into joint purchase agreements with any and all other public agencies within the state
for the purchase of any .commodity or service as permitted by state law, where it is determined by the.
Manager to be in the best interest of the City.
F. Emergencv Purchases. In the event that an emergency should arise after office .hours,
which emergency requires immediate action on the part of the City department. involved for the
protection of the best interests of the City, or should such a situation arise on a Saturday, Sunday or
holiday and where it is not possible or convenient to reach the City Manager, any necessary purchase
shall be made by the City department for which the purchase is necessary. The purchase shall be reported
to the Finance Director at the first of the next business day. Publication notices may be waived for
emergency purchases as provided by law. However, authorized employees must demonstrate a reasonable
effort to contact two or more vendors for price quotations. •
G. Petty Cash. The Finance. Department'. may maintain a petty cash fund of up to one
thousand dollars ($1,000) to help eliminate the issuance of.purchase.orders and claims vouchers for small
items needed immediately from vendors not having open purchase orders. No single petty cash purchase
shall exceed fifty dollars ($50), except in emergencies. All requests for petty cash funds or
reimbursement of petty expenditures shall be reconciled by a' receipt or paid. invoice along with a
completed petty cash form. Reimbursements and reconciliations of petty cash funds shall be made within
30 days of the transaction. No personal checks shall be cashed out of the Petty Cash Fund.
H. Real Property Acquisition of real property is exempt from 'the competitive bidding
requirements set forth i.n this Ordinance. Upon approval of the City Council, the City Manager may
proceed to acquire real property through negotiation. Such negotiations shall be based upon a fair market
value appraisal of the property. The City shall not pay more than fair market value for any real property
without prior City Council approval. .
I. Small Purchases. The procurement of supplies, materials, .goods and equipment under
$7,500 in value may be procured as.the City Manager or designee(s) deems appropriate 'to secure the
most efficient and cost - effective purchase for the City.
Ordinance Policy for Purchase of Goods Page 4 of 7
J. Purchases Between $7,500 and $25,000. Material, equipment or contractual services
other than engineering and architectural services, the cost of which is between seven thousand five
hundred dollars ($7,500) and twenty -five thousand dollars ($25,000), may be procured through telephone
and/or written quotations, proposals or bids on forms prescribed by the Finance Director. Three '
documented quotations shall be sufficient to determine a competitive price for any such purchase except
for items that. can only be obtained from a single source. Said purchases shall be awarded to the lowest
responsible bidder.
Section 7. Prohibited Practices. The following types of purchasing practices are hereby
prohibited.
A. • Collusion Among Bidders. Any' agreement or collusion among bidders or prospective
bidders to either buy or sell, in restraint of freedom of competition, be it agreement to bid a fixed price,
or otherwise, shall render the bids of such bidders void. Such.bidders.may be subject to exclusion from
future bidding with the City when determined by the Finance .Director to be in the best interest of the
City.
B. Disclosure of Normal Bid Contents. Any disclosure in advance of the opening bids, of
any information contained in the sealed or formal bid, made or permitted by a City Officer or employee
may render each bid void either by the City or the parties submitting bids. Appropriate disciplinary
action shall be taken against both the persons revealing the information and the persons using the
information. Notwithstanding anything herein to the contrary, all bids submitted by bidders taking
advantage of any information revealed contrary to this section shall at once become null and void.
C. Gratuities. In accordance with high standards of behavior, the acceptance of any gift or
gratuity in the form of cash, merchandise or any .other thing of significant value by an official or
employee of the City from any vendor or contractor, or prospective vendor or contractor, is prohibited:
17. Employee Owned Businesses. City goods or services shall not be obtained from
businesses in which City officials, employees or their immediate family members have a majority
ownership interest or otherwise exceed the "interests" described in RCW Chapter 42.23.
E. Sale of Materials and Supplies. The City shall not use its purchasing power or lend its
credit to acquire goods or services for . any private party, nor shall the City sell its materials supplies to
City officials, employees, or the public except when said materials have been declared surplus and
disposed of as provided herein.
Section 10. Disposition of Public Property. Public property shall be disposed of in the .
following manner:
A. Definition. "Public :Property" as definedhercin means any property or equity interest in
real or personal property held or owned by the City.
B. Surplus Property. Upon recommendation of a Department Director, the Finance Director
may declare property surplus upon one or more of the following criteria:
1. The City has or soon wilFhave no practical, efficient, orappropriate use for the
property, nor will it have such a use for' the property in the near future.
Ordinance Policy for Purchase of Goods Page 5 of 7
2. The purpose served by.the property can be accomplished by use of a better, less
costly, or more efficient alternative.
3. The purpose served by.the property or its use no longer exists as determined by a
change of policy evidenced by an ordinance or resolution of the City Council.
4. The property is damaged, worn out otherwise inoperable and the cost of
repairing the same is unwise-or impractical.
C. Sale of Property. The Finance' Director is authorized to sell surplus property in the
follow manner:
1. If a Department Director has control or supervision over City personal property
which is deemed. surplus to City use, the Finance Director shall be notified, who shall in turn notify
Department Directors or other City representatives and provide notice of potential disposition. If any
such person desires to acquire and use the proposed surplus property, the property may be transferred to
the requesting Department Director, or other authorized representative.
2. If no request for use of proposed surplus property is received the Finance
Director may proceed to direct the disposal of the same by public auction, bid, or other method of sale on
terms deemed to be in the best - interest of the City.
3. Surplus personal property which is unsellable because of obsolescence, wear and
tear, or other reasons may be dismantled, if necessary, and sold as scrap: Surplus personal property
which has no marketable value or use may be discarded as refuse. ,
4. If the proposed surplus property is real property, notice of the proposal to declare
the wine surplus shall he given to the City Council.
5. The decision to declare surplus real property shall rest solely with the City
Council. If the City Council declares the real property as surplus, the Finance Director shall secure a
market value appraisal of the property and proceed to sell the same by public auction or through the
formal bidding procedures the City Manager deems to be in the best interest ofthe•City.
6. If the estimated value . of the real property exceeds fifty- thousand dollars
($50,000.00), the City shall follow the process set forth in RCW 39 :33.020. •
D. Trade ofReal Property. Real property may be traded.under the following conditions.
1. If the Finance Director determines that the real property declared surplus under
this section could be sold for a greater consideration or benefit to the • City if something other than cash
were taken as consideration, then the Finance Director may invite prospective purchasers to tender
consideration either cash' or in -kind or a combination of both. Upon receipt of a bid tendering
consideration in -kind, and prior to accepting such bid, the Finance Director shall make a report setting
forth for the benefits of such trade.. This report shall be made to the City Council at a regular Council
meeting and the report shall be open to public inspection.
2: Before accepting any bid containing in -kind consideration, an adequate appraisal
must have been made by a qualified independent appraiser. •
Ordinance Policy for Purchase of Goods - Page 6 of 7
3. if the City Council fords that the bid.containing the in -kind consideration, has
more value or benefit to the City than any other bid submitted, the Finance Director may accept the bid
containing in -kind consideration.
E. Lease of Public Pro cr . When specifically provided for in the City budget, the City
Manager or designee may authorize the lease or sublease of any property, including real property, under
such terms and conditions as the City Manager may deem desirable, fair and appropriate, either by use of
negotiations or bidding in the best interest of the City. Leases of real property shall not be granted for a
period of more than five (5) years, unless otherwise authorized by the City Council.
Section 11. Severability. if any section,. sentence, clause, or phrase of this ordinance should
be held to be invalid or unconstitutional, such decision shall not. affect the validity or constitutionality of
any other section, sentence, clause •or phrase of this ordinance.
Section .12. Effective Date. This ordinance shall be in full force and effect on the official
date of incorporation provided publication of this ordinance or a summary thereof occurs. in the official
newspaper of the City as.provided by law.
ATTEST:
Passed by the City Council of the City of Spokane Valley on , 2003:
Christine Bainbridge, City Clerk
Approved as to Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication :
Effective Date:
Mayor, Michael DeVleming
ordinance Policy for Purchase of Goods Page 7 of 7
DATE ACTION IS TITLE: TYPE OF ACTION:
REQUESTED: Ordinance Granting Contract
July 8 111 Authority to . City krahager and
Repealing Ordinance No. 12 X 0 rdinance
APPROVED FOR
COUNCIL PACKET: ATTACHMENTS: Resolution
City Manager Motion
Dept. Head Agreement
Attorney Approve
As To Form
U B MITTED BY: Dave iMercier
RECOMMENDED ACTION:
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
ALTERNATIVE ACTION:
FISCAL IMPACT: $
•SOURCE OF FUNDS:
AMOUNT BUDGETED:
• AMOUNT NEEDED FOR PROJECT;
ORDINANCE NO. 03 -072
err Y OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
'4'4FAS CTON,.REPEkUNG ORDINANCE NO, 12 AND GRANTING CONTRACT
A> TEEORITY TO THE CITY MANAGER.
WHEREAS, duritng the incorporation of the City, Ordinance No 12 was enacted by the City
Council to provide limited purchasing and contracting authority to the City Manager for the purchase of
services;
WI- EREAS, to properly manage the procurement of goods, services and works on behalf of the
incorporated City of Spokane Valley, and for the convenience ofpersons. and entities who provide such
goods, services or works, the City Council desires to grant and expand the contract authority of the City
Manager to enter into contracts without obtaining individual approval for each contract from the City
Council, providing the expenditure is within the scope of the City budget;•
H .LEAS, the execution of such contracts shall be on forms .approved by the City Council
through Resolution in accord with City Ordinance and State law_
NOW, JBEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows;
Section 1. Repeal. Ordinance No, 12 is hereby repealed in its entirety_
Section 2.. Contract Award from Small Works Roster, After following the process set forth
in Ordinance No 1], the City Manager is authorized to award and execute contracts for public works
projects where the estimated cost. of the work is Two Hundred Thousand .Dollars ($200,000_(}0) or less.
Section 3. Architectural Engineering Services_ A.fter following the process set forth in
Ordinance No. 22, the City Manager Manager. is authorized to enter into professional service agreements for the
procurement of architectural and engineering services in amounts that do not exceed One Hundred
Thousand ($100,000,00) per agrocnient. • .
Section. 4_ General Services. For acquisition of general services," the City Manager,
following review of qualified consultants or service providers as set forth in. Ordinance No, is
authorized to enter into professional• services agreements that do not exceed One H.uadred Thousand
Dol lars ($100,000.00). per agreement_
Section 5. ' Acquisition of uuulies_. Materials Goods and Eciprrient. For acquisition of •
supplies, materials, goods and equipment, the City_Manager after following the procedure or exception to
the competitive bidding process set forth in Ordinance No. , is authorized to enter into. agreements
that do not exceed Fifty Thousand Dollars ($50,000.00) per agreement.
Section 6: Rules and policy; The City Manager may develop rules, policies, and procedures
to implement this Ordinance. All adopted rules policies, and procedures shall be filed with the City
Clerk.
Ordin an= Omni big ContractAE4crity Page 1 oft
Section 7. Severability: If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this ordinance
Section 8. Effective Date. This Ordinance shall be in full force and effect on the official
date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official
newspaper of the City as provided by law.
ATTEST:
Passed on this day of July, 2003.
City Clerk, Christine Bainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
Mayor, Michael DeVleming
Ordinance Granting Contract Authority Page 2 of 2
IBMITTED BY: Cary Driskell
RECOMMENDED ACTION:
ALTERNATIVE ACTION:
FISCAL IMPACT: $
SOURCE OF FUNDS:
AMOUNT BUDGETED:
AMOUNT NEEDED FOR PROJECT:
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
DATE ACTION IS
REQUESTED:
July 8th
APPROVED FOR
COUNCIL PACKET:
City Manager
Dept. Head
Attorney Approve
As To Form
TITLE: • *
Ordinance .Granting Non-
Exclusive Franchise to Columbia
Fiber
ATTACHMENTS:
TYPE OF ACTION:
X Ordinance
Resolution
Motion
Agreement
Proposed administrative draft— C. Driskell
July 1, 2003 — draft three
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASIIINGTON
ORDINANCE NO. 03 -0 7 3
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE
COUNTY, WASHINGTON, GRANTING A NON- EXLUSIVE r RA.NCIHSE
TO COLUMBIA FIBER SOLUTIONS TO CONSTRUCT, MAINTAIN AND
OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHT -OF -WAY
AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY.
WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non-
exclusive franchises for the use of public streets, bridges or other public ways, structures or
places above or below the surface of the ground for railroads and other routes and facilities for
public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and
appurtenances thereof for transmission and distribution of electrical energy, signals and other
methods of communication, for gas, steam and liquid fuels, for water, sewer and other private
and publicly owned and operated facilities for public service; and
WHEREAS, the grant of such non - exclusive franchises requires the approving vote of at
least a majority of the entire City Council and publication at least once in a newspaper of general
circulation in the City; and
WHEREAS the Council finds that the grant of the franchise•contained in this Ordinance,
subject its terms and conditions, is in the best interests of the public.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, does ordain as follows:
Section 1. Definitions. For the purpose of this Ordinance, the following words and
terms shall have the meaning set forth below:
1. "City Manager" shall mean the City Manager or his/her designee.
2. "construction" or "construct" shall mean constructing, digging,
excavating: laying, testing, operating, extending, upgrading, renewing,
removing, replacing, and repairing a facility.
3. "day" means a twenty -four (24) hour period beginning at 12:01
a.m. If a thing or act is to be done in lessthan seven (7) days, intermediate
Saturdays, Sundays and legal holidays shall be excluded in the
computation of time.
4. "distribution system, system and lines" used either in the singular
or plural shall mean and include the poles, conductor, pipe, mains, laterals,
conduits, feeders,. regulators, meters, fixtures, connections, and all
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attachments, appurtenances equipment and appliances necessary and
incidental thereto or in any way appertaining to the distribution of the
service or product and which are located within a right -of -way.
5. "facility" used either in the singular or plural shall mean any
tangible component of the transmission and distribution system within the
right of way or on public property, including supporting structures, located
in the operation of activities authorized by this Franchise. The
abandonment by Grantee of any facilities as defined herein shall not act to
remove the same from this definition.
6. "hazardous substances" shall mean any substance or material
defined or designated as hazardous or toxic waste, hazardous or toxic
material, a hazardous, toxic or radioactive substance, or other similar term,
by any federal, state or local environmental statute, regulation, or
ordinance or decision of a state or federal court or administrative agency
or body, presently in effect or that may be promulgated in the future, and
as such statutes, regulations and ordinances may be amended from time to
time.
7. "maintenance, maintaining or maintain" shall mean the work
involved in the replacement and/or repair of Facilities; including
constructing, relaying, repairing, replacing, examining, testing, inspecting,
removing, digging and excavating, and restoring operations incidental
thereto.
8. " Permitiee" shall mean a person or entity who has been granted a
permit by the Permitting Authority.
9. "Permitting..Authority" shall mean the City Manager or designee
authorized to process and grant permits required to perform work in the
rights of way (ie. Obstruction Permits).
10. "product" shall refer to the item, thing or use provided by the
Grantee. . . .
11. "public property" shall mean any real estate or any facility owned
• by the City.
12. "right -of -way" shall refer to the surface of and the space along,
above, and below any street, road, highway, freeway, lane, sidewalk, alley,
court, boulevard, parkway, drive, Grantee easement, and/or road right —of-
way now or hereafter held or administered by the City.
13. "streets" or "highways" shall mean the surface of, and the space
above and below, any public street, road, alley or highway, within the City
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used or intended to be used by the general public, to the extent the City
has the right to allow the Grantee to use them.
Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal
corporation (hereinafter•the "City "), hereby grants unto Columbia Fiber Solutions, a Washington
for profit corporation (hereinafter "Grantee "), a franchise fora period of ten (1 0) years, beginning
on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all
necessary equipment and facilities to place facilities in, under, on, across, over, through, along or
below the public rights -of -way and public places located in the City of Spokane Valley, as
approved under City permits issued pursuant to this franchise (hereinafter the "Franchise ").
Section 3. Fee. No right-of-way use fee is imposed for the term of this Franchise.
Any such right- of-'vvay use or franchise fee that may be imposed by subsequent ordinance would
apply to any subsequent franchise, if any, between the parties. _
Section 4: • City Use. The following provisions shall apply regarding•City use.
1. Grantee agrees to grant to the City, at no cost to City, an indefeasible right
of use of four (4) dark fiber strandscat every location passed by Grantee's facilities within
the boundaries of the City, for sole and exclusive municipal use or designation, with
access to any building or facility designated by the City. Said dark fiber shall be reserved
for use by the City for governmental purposes, PROVIDED, that as to the fiber resources
granted to the City under the terms of this provision, the City agrees that it will not use
such fiber as a. public utility provider of telecoznmun.icatioris business service to the
public. The City reserves the right to connect its four dark fiber strands to other fiber
network providers, with the goal of achieving maximum connectivity for City purposes.
Any such interconnection shall be in a manner specified by Columbia Fiber engineering
requirements.
2: • The City shall have the right to access by connection to the four dark fiber
strands at any location served by this Franchise within the City limits The City shall
provide at least 30 days written notice of intent to access Grantee's service. • • •
3. The City shall pay all costs associated with constructing any City
connection to Grantee's Franchise service. The City shall pay Grantee a recurring
monthly charge of $20.00 per fiber pair per mile in use by the City unless otherwise
specifically agreed by both the parties in writing. Said monthly recurring charge shall not
be imposed until such time as the fiber is put into use by City. A fiber pair refers to two
strands of cable.
4. Subject to Subsection 1, the designation of either conduit or fiber shall be
at the sole discretion of the City Manager, PROVIDED, Grantee may submit a written
request to the City Manager asking him/her to advise of the City's election of conduit or
fiber for a specific installation or area, whereupon the City Manager shall promptly
designate a choice. In the absence of a response from the City Manager, the designation
shall be deemed the fiber option. In the event of expansion, upgrade, or major repair or
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maintenance operations affecting conduit installation or transmission capacity, the City
may change or exercise its option as in the instance of an initial installation.
Section 5. Recovery of Costs. Grantee shall be subject to all permit fees associated
with activities undertaken through the authority granted in this Franchise or under ordinances of
the City. Where the City incurs costs_ and expenses for review or inspection of activities
undertaken through the authority granted in this Franchise or any ordinances relating to the
subject for which a permit fee is not established, Grantee shall pay such costs and expenses
directly to the City. In addition to, the above, Grantee shall promptly reimburse the City for any
and all costs it reasonably incurs in response to any emergency involving Grantee's facilities.
Section 6. Non - Exclusivity. This Franchise is granted upon the express condition
that it shall not in. any manner prevent the City from granting other or further franchises in,
under, on, across, over, through, along or below any rights -of -way, streets, avenues and any
other public lands and properties of every type and description. This and other franchises shall,
in no way, prevent or prohibit the City from using any of its right -of -ways, roads, streets or other
public properties or affect its jurisdiction over them or any part of them. The City hereby retains
full power to make all changes, relocations, repairs, maintenance establishments, improvements,
dedications or vacation of same as the City may deem fit, including the dedication,
establishment, maintenance, and improvement of all new rights -of -way streets, avenues,
thoroughfares and other public properties of every type and description.
Section 7. Non - Interference with Existing Facilities. The City shall have prior and
superior right to the use of its roads, streets, and alleys, and public properties for installation and
maintenance of its facilities and other governmental purposes, and should in the sole discretion
of the City a conflict arise with the Grantee's facilities, the Grantee shall, at its own expense and
cost, conform to the City's facilities and other government purposes of the City.
The owners of all utilities, public or private, installed in or on such public properties prior
to: the installation of the lines and facilities of the Grantee,,. shall have preference as to the
positioning and location :of such utilities so installed with respect to the Grantee. Such
preference shall continue in the event of the necessity of relocating or changing the grade of any
such public properties.
Grantee's system shall be constructed and maintained in such manner as not to interfere
with any public use, or with any other pipes, wires, conduits or other facilities that may have
been laid in the rights of way by or under the City's authority.
Section 8. Right to Roads Not Superseded. The City, in the granting of this
Franchise, does not waive any rights which it now holds or may hereafter acquire, and this
Franchise shall not be construed so as to deprive the City of any powers, rights, or privileges
which it now has, or may hereafter acquire, including the right of eminent domain, to regulate
the use and control of its roads covered by this Franchise, or to go upon any and all City roads
and highways for any 'purpose including constructing, repairing, or improving the same in any
such manner as the City, or its representatives may elect. The City shall retain full authoritative
power in the same and like manner as though this Franchise had never been granted.
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Nothing in this Franchise shall be construed to prevent the City from constructing
facilities, grading, paving, repairing andlor altering any street, or laying down, repairing or
removing facilities or constructing or establishing any other public work or improvement, All
such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the
unrestricted use and operation of the facilities of the Grantee under this Franchise, If, however,
any of the Grantee's facilities interfere with City projects, Grantee's facilities shall be removed
or replaced. Any and all such removal or replacement shall be at the sole expense Of the
Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by
the City Engineer's written notice to Grantee, the City may cause andlor effect such removal,
adjustment or relocation, and the expense thereof shall be paid by Grantee.
Section 9. Commencement of Construction_ Not applicable to this Franchise.
Section .10: Construction-Standards. All facilities shall be installed in conformity
with the plans and specifications filed with the City, except in instances in which deviation may
be allowed in writing by the City Engineer pursuant io application by the Grantee- All plans and
specifications shall specify the class and type of material and equipment to be used, manner of
excavation, construction and installation, backfill, erection of temporary structures, 'erection of,
permanent structures, and the traffic control mitigation measures as provided by the Manual on
Uniform Traffic Control Devices, or similar standards as may be applicable from time to . time.
The plans must meet all Federal, State, County and City Codes and the Utility Accommodation
Plan Standards. -
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Notwithstanding any provision herein to the contrary, any excavations and installations
by the Grantee in any of the public properties within the corporate limits of the City shall be
done in accordance with such reasonable rules, regulations, •and resolutions - of general
application now enacted or to be enacted by City Council., relating to excavations' in public
properties of the City, and authorized by • the City Engineer.. Said rules, regulations,
authorizations, and resolutions shall be for the purposes of fulfilling the City's public trustee role
in administering the primary use and purpose of public properties, and not for relieving the
Grantee of any duty, obligation, or responsibility for the competent design, construction,
maintenance, and operation of its facilities. Grantee is responsible for the supervivsion, condition,
and quality of the work done, whether it is by itself or by contractors. assigns or agencies,
Section' 11. - Special Construction Standards. During any period of work relating to
Grantee's facilities, all surface .structures and equipment, if any', shall be erected and used in such
places and positions within or adjacent to public rights-of-way and other public properties so as
to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the
. free use of adjoining property. Grantee shall, at all times, post and maintain proper barricades
and comply with all applicable safety regulations during such period of construction as required
by the ordinances of the City, conditions of permits, and laws and regulations of the State of
Washington specifically including RCW 39.04.180 for the construction of trench safety systems.
. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered
by this Ordinance, the Grantee shall afford the City an opportunity to permit other franchisees
and utilities to share such excavated trenches, provided that: (1) such joint use shall not
Proposed administrative draft — C. Driskell
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unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely sffect
Grantee's facilities or safety thereof. When deemed appropriate by the City, joint users may be
required to contribute to the costs of excavation and filling.
Section 12. Restoration After Construction. Grantee shall, after abandonment
approved under Section 29 herein, or any other installation, construction, relocation,
maintenance, or repair of facilities within the area of this Franchise, restore the surface of the
right -of -way or public property to at least that standard established by the City Engineer or set by
the conditions of any City - issued right -of -way permit. Grantee agrees to promptly complete all
restoration work and to promptly repair any damage caused by such work within the area of this
Franchise or other affected area at its sole cost and expense.
Section 13. Damage and Non - Compliance. Any and all damage, or injury, done or
caused to City right -of -way, City facilities, or any portion thereof in the construction, operation,
maintenance or repair of Grantee's facilities shall be immediately repaired and reconstructed to
the satisfaction of the City Engineer. In the event the Grantee shall fail, neglect, or refuse to
immediately repair and reconstruct said damage or injury to said City right -of -way or facilities,
the same may be done by the City and the cost and expense shall be immediately paid by the
Grantee to the City.
If it is discovered by the City that Grantee has damaged, injured, or failed to restore the
right -of -way in accordance with this Franchise, the City shall provide the Grantee with written
notice including a description of actions the City believes necessary to restore the right -of -way.
If the right -of -way is not restored within ten (10) days' from written notice, the City, or its
authorized agent, may restore the right -of -way and facilities. The Grantee is responsible for all
\., costs and expenses incurred by the City to repair and restore the right -of -way and facilities in
accordance with this Franchise. The rights granted .to the City under this section shall be in
addition to those otherwise provided by this Franchise.
Section 14. Protection of .Monuments. Before .any work is performed under this
Franchise ' which may affect, any existing monuments or markers of any nature relating to
subdivisions, plats, roads, and, all other. surveys, the Grantee shallt reference all such monuments
and markers. The reference points shall be so,located that they will not be disturbed during the
Grantee's operations under this franchise. The method of referencing these monuments or other
points to be referenced shall be approved by the,.City Engineer. All concrete encased recorded
monuments which have been disturbed or displaced by such work shall restored pursuant to
State and Federal standards _ - and specifications. The replacement of all such monuments or
markers disturbed during construction shall be made as expeditiously as the conditions permit,
and as directed by the City Engineer. The cost of monuments or other markers lost, destroyed, or
disturbed, and the expense of replacement of approved monuments and other marker ties which
have been re- established or disturbed shall be borne by the Grantee.
Section 15. Drainage. If the work done under this Franchise interferes in any way
with the drainage of a City right- of the Grantee shall wholly and at its own expense make
such provisions necessary to eliminate the interference to the drainage to the satisfaction of the
City Engineer.
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Section 16. Obstruction Permits Required. Whenever Grantee shall occupy' or
excavate in any public right -of -way or other public property for the purpose of installation,
construction, repair, maintenance or relocation of its 'facilities, it shall apply to the City for a
permit to do so, together with detailed plans and specifications showing the position, depth, and
location of all such facilities in relation to existing rights -of -way, roads, streets, or other public
property, hereinafter collectively referred to as the "Plans." All work•within any public rights -
of -way or on other public property shall be pursuant to a valid permit. The facilities shall be
installed or constructed in exact conformity with said Plans except in instances in which
deviation may be allowed by the City, in writing, in response to written application by Grantee.
The Plans shall specify the class and type of material -and equipment to be. used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities,
erection of permanent structures and facilities, traffic control,' traffic turnouts and road
obstructions, and all other necessary information including a schedule for the work. During the
progress of the work; Grantee shall not unnecessarily obstruct the passage or proper use of the
rights-of-way. Grantee shall file as -built plans and maps•with the City showing the final location
of the facilities. All restoration of rights -of -way, roads, streets, storm drainage and the surface of
other public property shall be in conformance with City standards, and conditions of the permit. .
Section 17. Maintenance. Grantee shall provide and -put in use all facilities necessary
to control and carry Grantee's products so as to prevent injury to the City's property or property
belonging to any person within the City. Grantee, solely at its own expense, shall repair, renew,
change, and improve said facilities from time to time as may be necessary to maintain the same
in good condition. Grantee shall not construct its facilities in a manner that requires any
customer to install cables, ducts, conduits, or other facilities, in, under, or over the City's rights-
of-way.
• Section 18. Emergency Response. • The Grantee shall, within six months of the
execution of this Franchise by the Grantee, prepare and file with the City and adhere to an
Emergency Management Plan (the "Plan ") for responding to any spill, break, or other emergency
condition. The Plan shall designate responsible officials and emergency 24 -hour on -call
personnel and the procedures to be followed when responding to an emergency. When
developing such Plan, the Grantee shall work with the City Engineer and the .City's Police
Department to determine when and how the same should be contacted during emergencies.
After being notified of an emergency, Grantee shall cooperate with the City and make every
effort to immediately respond with action to minimize damage and to protect the health and
safety of the public.
In the event the Grantee fails or refuses to promptly take the directed action, or fails to
fully comply with such direction, or if emergency conditions exist which require immediate
action to prevent imminent injury or damages to persons or property, the City may take such
actions as it believes are necessary to protect persons or property and the Grantee shall be
responsible to reimburse the City for its costs and any expenses.
Section 19. Emergency Work. In the event of any emergency in which any of
Grantee's facilities break, are damaged, or if Grantee's facilities or construction areas are
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otherwise in such a condition as to immediately endanger any property, life, health, or safety,
Grantee shall immediately inform the City of the location and condition and shall immediately
take all necessary actions to repair its facilities, and to cure or remedy any dangerous conditions.
Such emergency work may be commenced without first applying for and obtaining a permit as
required by this Franchise. However, this provision shall not relieve Grantee from the
requirement of obtaining any permits necessary for this purpose, and Grantee shall apply for all
such permits not later than the next succeeding day during which the City is open for business.
Section 20. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for
becoming familiar with, and understanding, the'provisions of Washington's One -Call statutes.
Grantee shall comply with the terms and conditions set forth in the One -Call statutes.
Section 21.. Inspections and Fees. All work performed by Grantee shall be subject to
inspection by and approval . of the City: The Grantee shall reimburse the City for all expenses
incurred by the City in the examination, inspection, and approval of Grantee's work. Such
reimbursement shall be in addition to any other fees or charges levied by the City.
Section 22. Safety. The Grantee, in accordance with applicable federal, state, and
local safety rules and regulations, shall, at all times, employ ordinary care in the installation,
abandonment, relocation, construction, maintenance, and/or repair, utilizing methods and devices
commonly accepted in their industry of operation to prevent failures and accidents that are likely
to cause damage, injury, or nuisance to persons or property. All of Grantee's facilities in the
right -of -way shall be constructed and maintained in a safe and operational condition. Grantee
shall follow all safety codes and other applicable regulations in the installation, operation, and
maintenance of the facilities.
Section 23. Building Moving. Whenever any person shall have obtained permission
from the City to use any right —of -way for the purpose of moving any building or other oversized
structure, Grantee, upon fourteen (14) days' written notice from the City, shall raise or remove, at
the expense of the Permittee. desiring to move the building or structure, - any.iof Grantee's
facilities that may obstruct the movement thereof; provided, that the path for moving such
building or structure the path of least interference to Grantee's facilities, as determined by the
City.
Section 24.. Acquiring New Facilities. Upon Grantee's acquisition of any new
facilities in the rights -of -way, or upon any addition or annexation to:-the City of any, area in
which Grantee retains any such facilities in the rights -of -way, the Grantee shall submit to the
City a written statement describing all facilities involved, whether authorized by Franchise or
any other form of prior right, and specifying the location of all such facilities. Such facilities
shall immediately be subject to the terms of this Franchise.
Section 25. Dangerous Conditions - Authority of City to Abate. Whenever
excavation, installation, construction, repair, maintenance, or relocation of facilities authorized
by this Franchise has caused or contributed to a condition that appears to substantially impair the
lateral support of the adjoining right -of -way, road, street or other public place, or endangers the
public, adjoining public or private property or street utilities, the City may direct Grantee, at
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Grantee's sole expense, to take all necessary actions to protect the public and property. The City
may require that such action be completed within a prescribed time.
In the event that Grantee fails or refuses to promptly take the actions directed by the City,
or fails to fully comply with such directions, or if emergency conditions exist which require
immediate action, the City may enter upon the property and take such actions as are necessary to
protect the public, adjacent public or private property, or street utilities, or to maintain the lateral
support thereof, and all other actions deemed by the City to be necessary safety precautions; and
Grantee shall be liable to the City for all costs and expenses thereof.
Section 26. Hazardous Substances.. Grantee shall comply with all applicable state and
federal laws, statutes, regulations and orders concerning hazardous substances_ relating to
Grantee's facilities in the right—of-way. Grantee shall maintain and inspect its facilities located
in the right -of -way. Upon reasonable notice :to Grantee and in the presence of an authorized
representative of Grantee, the City may - inspect Grantee's facilities in the right -of -way to
determine if any release of hazardous substances has occurred, or may occur from or related to
Grantee's facilities. This inspection is not to remove the burden of inspection from the Grantee
on a periodic basis of its facilities for hazardous substances, nor is to rernove the responsibility of
the ha7ardous substance' -from the Grantee. In removing or modifying Grantee's facilities as
provided in this Franchise, Grantee shall also remove all residue of hazardous substances in
compliance with applicable environmental clean-up standards related thereto. Grantee agrees to
forever indemnify the City against any claims, costs, and expenses of any kind, whether direct
or indirect, incurred. by: the City arising out of the release or threat of release of hazardous
substances caused by Grantee's ownership or operation of its facilities within the City's right -of -
way.
Section 27. Environmental. Grantee shall comply with all environmental protection
laws, rules recommendations, and regulations of the United States and the State of Washington,
and various subdivisions and agencies as they presently exist or may hereafter be enacted,
promulgated, or amended, and shall indemnify and hold: the City harmless from any and all
damages arising, or which may arise, or be caused by, or result from the failure of. Grantee fully
to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's
acts or activities were intentional or unintentional. Grantee shall further indemnify the City
against all losses, costs, and expenses (including legal expenses) which the City may incur as a
result of the requirement of any government or governmental subdivision or agency to clean
and/or remove any pollution caused or permitted by Grantee, whether said requirement is during
the term of the Franchise or subsequent to its termination.
Section 28. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and
expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its
facilities when so required by the- City by reason of traffic conditions or public safety,
dedications of new rights -of -way and the establishment and improvement thereof, freeway
construction, change or establishment of street grade, or the construction of any public
improvement or structure, provided that Grantee shall in all such cases have the privilege to
temporarily bypass, in the authorized portion of the same street upon approval by the City, any
section of their facilities required to be temporarily disconnected or removed.
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If the City determines that the project necessitates the relocation of Grantee's then-
existing facilities, the City shall:
a) At least sixty (60) days prior to the commencement of such improvement
project, provide Grantee with written notice requiring such relocation; and
b) Provide Grantee with copies of pertinent portions of the plans and
specifications for such improvement project and a proposed location for Grantee's
facilities so that Grantee may relocate its facilities in other City rights -of -way in
order to accommodate such improvement project.
c) After receipt of such notice and such plans and specification, Grantee shall
complete relocation of its facilities at no charge or expense to the City so as to
accommodate • the improvement project at least ten (10) days prior to
commencement of the project.
Grantee may, after receipt of written notice requesting a relocation of its facilities, submit
to the City written alternatives to such relocation. The City shall evaluate such alternatives and
advise Grantee in writing if one or more of the alternatives is suitable to accommodate the work
which would otherwise necessitate relocation of the facilities. If so requested by the City,
Grantee shall submit additional information to assist the City in making such evaluation.. The
City shall give each alternative proposed by Grantee full and fair consideration. In the event the
City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its
facilities as otherwise provided in this Section.
The provisions of this Section shall in no manner preclude or restrict 'Grantee from
making ariy arrangements it may deem appropriate when responding to a request for relocation
of its facilities by any person or entity other than the City, where the facilities to, be constructed
by said person or entity are not or will not become : City owned, operatedor maintained facilities,
provided that such arrangements do not unduly delay a City construction project.
Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by
Grantee may be abandoned without the express written consent of the City. Any plan for
abandonment or removal of Grantee's facilities. must be first approved by the City, and all
necessary permits must be, obtained prior to such -work: •
Section 30. Records. As a condition of this Franchise, and at its sole expense,
Grantee agrees to provide the City with available as -built plans, potential improvement plans,
field locates, maps, plats, specifications, profiles, and records of its facilities within City rights —
of -way. Such documents shall be provided within six months of the execution of said Franchise
by Grantee. These records shall be in a digital electronic format acceptable to the City, unless
the City Engineer deems it to be a hardship to the Grantee, in which case a hard copy in a format
acceptable to the City Engineer shall be provided. Grantee shall provide the City a plan map
updated annually showing all Grantee's facilities located within the City rights -of -way or public
properties.
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To the extent such requests are limited to specific facilities at a given location within the
Franchise area in connection with the construction of any. City project, Grantee shall provide to
the City, upon the City's reasonable request, copies of available drawings in use by Grantee
showing the location of such facilities. Grantee shall field locate its facilities in order to
facilitate design and planning of City improvement projects.
Upon written request of the City, Grantee shall provide the City with the most recent
update available of any plan of potential improvements to its facilities within the Franchise area;
provided, however, any such plan so submitted shall be for informational purposes only, and
shall not obligate Grantee to undertake any specific improvements within the Franchise area.
The parties agree to periodically share Geographic Information System (GIS) files at the
Grantor's disposal. Ariy files provided to Grantee shall be restricted' to information required for
Grantee's- engineering needs for installation, repair or replacement of facilities that are the
subject of this franchise. Grantee is prohibited from selling any GIS information obtained from
City to any third parties.
Public Disclosure Act: Grantee acknowledges that information submitted to ,the City
may be subject to inspection and copying under the Washington - Public Disclosure Act codified
in chapter 42.17 RCW. Grantee shall mark.as "CONFIDENTLAL" each page or portion thereof
of any documentation/information which it submits to the City and which it believes is exempt
from public inspec.tion_or copying. The City agrees to provide the Grantee with a copy of any
public disclosure request to inspect or copy documentation/information which the Grantee has
provided to the City and marked as "CONFIDENTLAL" prior to allowing any inspection and/or
copying as well as provide the Grantee with a time frame, consistent with RCW 42.17.320, to
provide the City with its written . basis for non - disclosure of the requested
documentation/information.. In the event the City disagrees with the Grantee's basis for non-
disclosure, the City agrees to withhold release of the requested documentation/information in
dispute until the Grantee can file a legal action under RCW 42.17.330.
Section 31. Limitation on Future Work. In the event that the City constructs a new
street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street
for a period of five (5) years absent emergency circumstances, unless otherwise agreed by the
City.
Section 32. Reservation of Rights by City. The City reserves the right to refuse any
request for a permit to extend franchise facilities. Any such refusal shall be supported by a
written statement from the City Manager or his designee that extending the franchise facilities, as
proposed, would interfere with a public use, either current or future.
• Section 33. Remedies to Enforce Compliance. In addition to any other remedy
provided herein, the City reserve the right to pursue any remedy. to compel or force Grantee
and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or
remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation
for breach of the conditions herein.
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Proposed administrative draft — C. Driskell
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Section 34. City Ordinances and Regulations. Nothing herein shall • be deemed to
direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances
regulating the performance of the conditions of this Franchise, including any reasonable
ordinances made in the exercise of its police powers in the interest of public safety and for the
welfare of the public. The City shall have the authority at all tunes to control by appropriate
regulations the location, elevation, and manner of construction and maintenance of any facilities
by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance
would cause Grantee to violate other requirements of law.
Section 35. Vacation. If, at any time, the City shall vacate any City road, right -of -way
or other City property which is subject to rights granted by this Franchise and said vacation shall
be for the purpose of acquiring the fee or other property interest in said road, right -of -way or
other City property for the use of the City, in either its proprietary or governmental capacity, then
the City may, at its option and by giving thirty (30) days written notice to the grantee, terminate
this Franchise with reference to such City road, right- of-way or other City property so vacated,
and the City shall not be liable for any damages or loss to the grantee by reason of such
termination.
Section 36. Indemnification. Grantee hereby releases, covenants not to bring suit and
agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and
representatives from any and all claims, costs, judgments, awards or liability to any person,
including claims by Grantee's own employees to which Grantee might otherwise be immune
under Title 51 RCW, arising from injury or death of any person or damage to property of which
the negligent acts or omissions of Grantee, its agents, servants, officers or employees in
performing services under this Franchise are the proximate cause. Grantee further releases,
covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its
officers and employees from any and all claims, costs, judgments, awards or liability to any
person, including claims by Grantee's own employees to which Grantee might otherwise have
immunity under Title 51 RCW, arising against the.City solely by virtue of the City's ownership
or control of the rights -of.- -way or other public properties, by virtue of Grantee's exercise of the
rights granted herein, or by virtue of the City's permitting Grantee's use of the City's rights -of-
way or other, public.property based upon the inspection orlack of inspection ofwork performed
by Grantee, its agents and servants, officers or employees in connection with work authorized on
the City's property or property over which the City has control, pursuant to this Franchise or
pursuant to any other permit or approval issued in connection with this Franchise. This covenant
of indemnification shall include, but not be limited by this reference, to claims against the City
arising as a result of the negligent acts or omissions of Grantee, its agents, servants, officers or
employees in barricading, instituting trench safety systems or providing adequate warnings of
any excavation, construction, or work in any public right -of -way or other public place in
performance of work or services permitted under this Franchise.
Inspection or acceptance by the City of any work performed by Grantee at the time of
completion of construction shall not be grounds for avoidance of any of these covenants of
indemnification. Said indemnification obligations shall extend to claims which are not reduced to
a suit and any claims which may be compromised prior to the culmination of any litigation or the
institution of any litigation.
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In the event that Grantee refuses to accept the tender of defense in any suit or any clairn,
said tender having been made pursuant to the indemnification clauses contained herein, and said
refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the
parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee,
then Grantee shall pay all of the City's costs for defense of the action, including all reasonable
expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including
reasonable attorneys' fees of recovering under this indemnification clause.
Should a court of competent jurisdiction (or such other tribunal that the parties shall agree
to decide the matter) determine that this 'Franchise, or work conducted under authority of this
Franchise, is subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of Grantee and the City, its 'officers, employees and agents, Grantee's liability
hereunder shall be only to the extent of Grantee's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes Grantee's waiver of
immunity under Title 51 RCW, solely for the purpose of this "indemnification. This waiver has
been mutually negotiated by the parties.
The provisions of this Section 36 shall survive the exp iration or termination of this
Franchise agreement, for a period of three (3) years.
Section 37. Insurance: Grantee shall procure and maintain :for the duration of the
Franchise, insurance against claims for injuries to persons •or - damages to property which may
arise from or in connection with the exercise of the rights, privileges and authority granted
hereunder to Grantee, its agents, representatives or employees: Grantee shall provide a copy of
such insurance certificate to the City for its inspection prior to the adoption of this Ordinance,
and such insurance shall evidence:
1. Automobile Liability insurance with limits no less than S1,000,000 Combined
Single Limit per accident for bodily injury and property damage. Such liability
insurance shall only be required from Grantee for vehicles owned or controlled by
Grantee. Any contractor hired by Grantee to perform labor in the performance of
this franchise shall be required to obtain auto insurance as stated in this
subsection; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than S1,000,000 Combined Single Limit per occurrence and
S2,000,000 aggregate for personal injury, bodily injury and property damage.
Coverage shall include but not be limited to: blanket contractual;
products/completed operations; broad form property; explosion, collapse and
underground (XCU); and Employer's Liability.
Any deductibles or self - insured retentions must be declared to and approved by the City:
Payment of deductible or self-insured retention shall be the sole responsibility of Grantee.
Recognizing the term of this Franchise, the City Manager may unilaterally adjust the insurance
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liability limits to reflect the degree of risk and market conditions.
The insurance obtained by Grantee shall name the City, its officers, employees and
volunteers as insureds with regard to activities performed by or on behalf of Grantee. The
coverage shall' contain no special limitations on the scope of protection afforded to the City, its
officers, officials, employees or volunteers. In addition, the insurance certificate shall contain a
clause stating that coverage shall apply separately to each insured against whom a claim is made
or suit is brought, except with respect to the limits of the insurer's liability. Grantee's insurance
shall be the primary insurance as respects the City, its officers, officials, employees and
volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers
shall be in excess of Grantee's insurance and shall not contribute to it. The insurance certificate
required by . this clause shall be endorsed to state that coverage shall not be suspended, voided,
canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the City.
Any failure to comply with the reporting provisions of the policies required herein shall
not affect coverage provided to the City, its officers, officials, employees or volunteers.
Section 38. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any
parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon
the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a
corporate surety authorized to operate a surety business in the State of Washington, in such sum
as may be set and approved by the City as sufficient to ensure performance of Grantee's
obligations under this Franchise. The bond shall be conditioned so that Grantee shall observe all
the covenants, terms and conditions and shall faithfully perform all of the obligations of this
Franchise, and to repair or replace any defective work or materials discovered in the City's road,
streets, or property.
• Section 39. Modification. The . City . and Grantee hereby reserve. the right to alter,
amend or modify the .terms and conditions of this Franchise upon written agreement of both
parties to.such alteration, amendment or modification. .. :..
Section 40. .Compliance With New Regulations. The City reserves for itself the right
to change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane
County and/or City regulation, Utility Accommodation Plan, or right of way regulation, State
and National Codes, Standards, and Regulations as may hereafter be enacted, adopted or
promulgated. If the Grantee fails to comply with its terms and conditions, or if the Grantee fails
to comply with such changes, amendments, modifications, and/or amplifications, this Franchise
may be terminated at any time upon ninety (90) days' written notice to the Grantee to terminate
this Franchise and upon termination the City shall have a lien upon all equipment and materials
erected or placed under this Franchise, which lien may be enforced to reimburse the City for any
reasonable expenses and payments incurred in terminating this Franchise and to cure defaults by
the Grantee.
Section 41. Forfeiture and Revocation. If Grantee willfully violates or fails to
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comply with any of the provisions of this Franchise, or through willful or unreasonable
negligence fails to heed or comply with any notice given Grantee by the City under the
provisions of this Franchise, then Grantee shall, at the election of the City, forfeit all rights
conferred hereunder and this Franchise may be revoked or annulled by the City after a hearing
held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any
prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane
County Superior Court compelling Grantee to comply with the provisions of this Franchise and
to recover damages and costs_incurred by the City by reason of Grantee's failure to comply.
Section 42. Assignment. This Franchise may not be assigned or transferred without
the written approval of the City. For' purposes hereof, the grant of any security agreement or
security interest in the facilities of the Grantee to secure any financing or refinancing, shall
constitute an assignment of this Franchise for which written approval would be required. In the
case of the transfer or assignment as- collateral for a mortgage or other security instrument in
whole or in part to secure indebtedness, such consent shall not be required unless and until the
secured party elects to realize upon the collateral. Grantee shall provide prompt, written notice to
the City of any such assignment.
Section 43. Costs of Publication. -The cost of the preliminary and/or final publication
of this Ordinance and/or its Ordinance Surnrnary shall be borne by Grantee.
Section 44. Acceptance: Not later than thirty (30) days after passage and publication
of this Ordinance, the Grantee must accept the Franchise herein by filing with the City Clerk an
unconditional written acceptance thereof. Failure of Grantee to so accept this Franchise within
said period of time shall be deemed a rejection thereof. by Grantee, and the rights and privileges -
herein granted shall, after the expiration of the five day period, absolutely cease, unless the time
period is extended by ordinance duly passed for that purpose.
Section 45. Survival.- All of the 'provisions, conditions and requirements of Sections:
4, 5, 13, 25, 26, 36 and 49 of this Franchise shall bein addition to any and all other obligations
and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by
contract, and shall survive termination of this Franchise, and any renewals or extensions hereof.
All of the provisions, conditions, regulations and requirements contained in this .Franchise shall
further be binding upon the heirs, successors, executors, administrators, legal representatives and
assigns of Grantee and all privileges, as well as' an obligations and liabilities of Grantee shall .
inure to its heirs, successors and assigns equally as if they were specifically mentioned wherever
Grantee is named herein. • -
Section 46. Severability: If any section, sentence, clause or phrase of this Ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of
the Franchise are held to be invalid by a court of competent jurisdiction, the City reserves the
right to reconsider the grant of the Franchise and may amend, repeal, add, replace or modify any
other provision of the Franchise, or may terminate the Franchise.
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Section 47. Renewal. Application for extension or renewal of the term of this
Franchise shall be made no later than one year before expiration thereof hi the event the
time period granted by this Franchise expires without being renewed by the City, the
terms and conditions hereof shall continue in effect until this Franchise is either renewed
or terminated by the City.
Section 48. Notice. Any notice or information required or permitted to be given by or
to the parties under this Franchise may be sent to the following addresses unless otherwise
specified, in writing:
The City:
City of Spokane Valley
Attn: City Clerk
11.707 E. Sprague
Spokane Valley, WA 99206
With a Copy to: City of Spokane Valley
Public Works Director
11707 E. Sprague
Spokane Valley, WA 99206
Grantee: John Everett, General Manager
FiberLink LLC dba Columbia Fiber Solutions
P.O. Box 21001 -99201
Spokane, WA 99201
Phone: (509) 688 -4519
Fax: (509) 688 -4099
Section 49. Choice of Law. Any litigation between the City and Grantee arising
under or regarding this Franchise shall occur, if in the state courts, in the Spokane County
Superior Court, and if in the federal courts, in the United States District Court for the Eastern
District of Washington.. _ •
Section 50.. Non - Waiver. The City. shall .be vested with the power and authority to
reasonably regulate the exercise of the privileges permitted by. this Franchise in the public
interest. Grantee shall not be relieved .of its .obligations..to comply. with any of the provisions of
this Franchise. by. reason of any failure of the City to enforce prompt,.compliance, nor does the
City waive or limit any of its rights under this Franchise by reason of such failure or
Section 51. Entire Agreement. This Franchise constitutes the entire understanding
and agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution and
acceptance hereof. This Franchise shall also supersede and cancel any previous right or claim of
Grantee to occupy the County roads as herein described.
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Section 52. Effective Date. This Ordinance shall be in full force and effect on the
official date of incorporation provided publication of this Ordinance or a summary thereof occurs
in the official newspaper of the City of Spokane Valley as provided by law.
//
ATTEST:
PASSED by the City Council this day of July 2003.
City Clerk, Chris Bainbridge
Approved as to Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
Mayor, Michael DeVieming
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WHEREAS, the City Council passed Ordinance No. 03 that provided for the payment of claims
or other obligations by check pursuant to RCW 35A.40.020 and identified City Officers and Council
Members who were authorized to sign checks on behalf of the City; and • . .
WHEREAS, it is necessary to amend the authorization to sign checks as set forth
follows:
ATTEST:
CITY OF SPOKANE VALLEY
SPOKANE COUNTY WASHINGTON
ORDINANCE NO. 03 -074
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ANCENI)ING ORDINANCE NO. 03 TO PROVmE ADDITIONAL AUTHORIZATION
TO SIGN CHECKS ON BEHALF OF THE CITY.
NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as
Section 1. Amendment. Ordinance No. 03 is hereby amended as follows:
Pursuant to RCW 35A.40.020, payment of claims or obligations of the City shall be by check.
The qualified public depository, whereon such checks are to be drawn, shall be Farmers &
Merchants Bank located at 10808 East Sprague Avenue, Spokane, Washington 99206, with
City Officers authorized to sign checks being the City Manager or designee(s), two designated
Council Members and the Finance Director with checks being signed by one authorized Council
Member and one authorized staff member.
Section 2. Severability. If any section, sentence, clause, or .phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality.shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this ordinance.
Section 12. Effective Date. This ordinance shall be in full force and effect five (5) days after
the date of publication of this Ordinance a summary thereof in the official newspaper of the City.
Passed by the City Council this . day of July, 2003.
Christine Bainbridge, City Clerk
Approved as to Form:
interim City Attorney, Stanley M. Schwartz
Date of Publication :
Effective Date:
Mayor, Michael DeVleming
Ordinance to Provide Additional Authorization to Sign Checks Page 1 of 1
CITY OF SPOKANE VALLEY
REQUEST FOR. COUNCIL ACTION
DATE ACTION IS
REQUESTED:
July 8
APPROVED FOR
COUNCIL PACKET:
City Manager
Dept. Head
Attorney Approve
As To Form
TITLE:
Resolution 03 -040 Granting
Authority to Open Accounts and
to Deposit. and Withdraw Funds
ATTACH I NTS:
TYPE OF ACTION:
X Ordinance
Resolution
Motion
Agreement
/
SUBMITTED 13Y:
R ACTION:
ALTERNATIVE ACTION:
FISCAL IMPACT: $
SOURCE OF FUNDS:
AMOUNT BUDGETED:
AMOUNT NEEDED FOR PROTECT:
RESOLUTION NO. 03-040
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
A RESOLUTION GRANTING AUTHORITY TO OPEN ACCOUNTS AND TO
DEPOSIT AND WITHDRAW FUNDS FROM BANKING INSTITUTIONS.
WHEREAS, it is necessary for representatives from the City to have authority to open
accounts and have signing authority for City accounts at banking institutions to provide for the
proper and necessary administration of City financial business on a day -to -day basis;
WILER.EAS, it is necessary to limit the number of authorized representatives in order to
maintain desirable accounting and institutional controls;
WHEREAS, the this Resolution is to identify. those specific persons authorized to have
signing authority on behalf of the City, pursuant to City of Spokane Valley Ordinance No. 3; and
WHEREAS, said authority should be granted for the purpose of depositing funds into
such accounts, writing checks from such accounts, and authorizing fund transfers to and from •
such-accounts.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley,
Spokane County, Washington, as follows:
The following representatives of the City of Spokane Valley are authorized to transact
business with banking institutions on behalf of the City: Mayor Michael DeVleming, Finance
Director Ken Thompson, Deputy City Manager Nina Regor, and City Councilmember Mike
Flanigan.
ATTEST:
Adopted this day of July, 2003.
City Clerk, Christine Bainbridge
Approved as to Form:
Interim City Attorney, Stanley M. Schwartz
City of Spokane Valley
Mayor Michael DeVleming
Resolution 03 -040 Open accounts Page 1 of 1
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 03- X4
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ESTABLISHING SIGNATURE LIMITS WITH
RESPECT TO AGREEMENTS MADE ON BEHALF OF THE CITY.
WHEREAS, pursuant to Ordinance, the City has established procedures for the purchase
of goods, supplies, materials and .equipment, architectural and engineering services and the
procurement of public works from the small works roster;
WHEREAS, to facilitate the business of the City and provide for the convenience of .
persons and entities who provide goods or services to the City, the City has approved certain
form agreements by Resolution;
WHEREAS, the City Manager, as the Chief Executive Officer of the City, is authorized
pursuant to State law to conduct and manage the administrative affairs' of the City which include
entering into contracts on behalf of the City; and . •
WHEREAS, to facilitate the administrative operations of the City, the Council establishes
the .following limits with respect to the signature authority of the City Manager.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley,
Spokane County, Washington, as follows:
On behalf of the City of Spokane Valley, the City Manager pursuant to Ordinance and
State law is authorized to execute contracts in the following amounts.
Description Amount
1. Public Works - Small Works Roster
2. Architectural and Engincerin g Services
3. General Services
4. Acquisition of Supplies, Materials, Goods
and Equipment
$200,000.00
$100,000.00
. $100,000.00
$50,000.00
The above amounts shall not be exceeded without City Council approval.
Adopted this day of , 2003.
City of Spokane Valley
Mayor Michael DeVleming
C: Documcnts and Scttingsk;bainbridgclLocal SettingsVremporary Internet Files\ Content I E51GDEJWXQB \Resolution03 {06- 27- 03)(1).DOC
ATTEST:
City Clerk, Chris Bainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Alarm Ordinance
Page 1 of 1
Memo
To: Mayor and Council
From: Stan McNutt, Interim Deputy City Manager
Date: June 27, 2003
Re: Cable Advisory Board
City of Spokane Valley
Administration
• Some time ago the Mayor and I attended a meeting in Spokane regarding the Cable
Franchise negotiations which were taking place between Spokane City and Comcast.
A part of that discussion had to .do with the Regional Cable Advisory Board which is
established by county ordinance and serves as a coordinating group for cable relations and
franchises. It was our request at the time that the City of Spokane Valley be allowed to
participate officially on that Advisory' Board.
Attached is an ordinance relating to cable television, amending the Spokane Municipal Code
that does provide for approximate proportional representation on the Board. I recommend
that the City Council consider approving the document with whatever, amendments deemed
necessary to send it on to Spokane County for their final action.
Our action would be to pass a motion agreeing with the•language of the proposed ordinance
revision.
Stan McNutt
From: Beaumier, Robert [RBeaumier @SpokaneCity.org)
Sent: Tuesday, June 24, 2003 7:15 PM
To: Cary Driskell; Emacio, James
Cc: Kole, Ronald; Feist, Marlene; Stan McNutt; 'Laurie DeVarney'
Subject: regional cable board ordinance
cab 03 06 24
�gional ordinanc.
Attached is a proposed regional cable board ordinance. The Spokane City County
Cable Advisory Board has approved it. It takes effect on adoption by all members (Valley, .
County and City of Spokane). I would like to forward it to the City of Spokane City
Council, but it is probably first appropriate to have some indication whether there would
be favorable staff recommendations for the City of Spokane - Valley and Spokane County, and
if you have any desired changes..
By way of explanation of how the proposal is drafted, section A follows the existing
pattern, but expands board membership as noted. Currently, the Cable Advisory Board has 11
members of which 7 are City of Spokane appointed and 4 are County appointed. The new
division would be 6 appointees from the City of Spokane, 3 from the Valley and 2 from the
County, considering that the larger majority of former County cable subscribers now live
in the Valley.
Section 3 is a transitional section. Sections C D and E are patterned after the existing
ordinance, which generally has worked well.
Our Board Chair expressed a special request that we have Valley representatives for the
July 21 meeting if that were possible. Please let me know if I can do anything further to
assist.
«cab 03 06 24 regional ordinance.doc»
> Confidential & Privileged Legal Materials
> (Your cooperation is requested; no disclosure authorized without
> express consent of client(s) & City Attorney.]
> Robert G. Beaumier, Jr.
> Assistant City Attorney
> Office of the City Attorney
> City of Spokane
> 808 W. Spokane Falls Blvd.
> 5th Floor, Municipal Bldg.
> Spokane, WA 99201 -3326
> (509) 625 -6225
> FAX (509) 625 -6277
> rbeaumier@spokanecity.org
> NOTICE: This communication may contain privileged or other
> confidential information. If you are not the intended recipient, or
> believe that you have received this communication in error, please do
> not print, copy, retransmit, disseminate, or otherwise use the
> information. Also, please indicate to the sender that you have
> received this email in error, and delete the copy you received. Thank
> you.
1
03 06 25 rgb
Ordinance no. C-
An ordinance relating to cable television, amending SMC 10.27.900.
The City of Spokane does ordain:
Section 1. That a new section be added to ch. 10.27 to be numbered
10.27.905 and to read as follows:
10.27.905 Regional Cable Advisory Board.
A. In lieu of a board under section 10.27.900, the City of Spokane,
City of Spokane Valley and Spokane County may establish a
Regional Cable Advisory Board, to be effective upon joint adoption
of this provision by legislative action of the three jurisdictions. The
Regional Cable Advisory Board shall, consist of eleven members,
appointed by the mayors of participating cities, confirmed by
majority vote of the city councils, and by the Spokane County
Board of Commissioners for County appointees. Six members may
be appointed by the City of Spokane, three by the City of Spokane
Valley and two by Spokane County. Members shall be appointed
for staggered three year terms.
B. As of the effective date of this section, there is already a current
City- County Cable Advisory l3oa.rd for the City of Spokane and
Spokane County of eleven members. The three positions
transferred to Spokane Valley by this action shall continue for
their existing terms and shall be those positions with the shortest
remaining unexpired terms, selected in reverse order of member
seniority, or as designated by the appointing authority in the event
of equal status. Any members replaced by Spokane Valley
appointments. may also continue to serve as ex officio board
members until expiration of their terms or may continue in service
as a voting member if approved to do so by Spokane Valley.
C. Regional cable advisory board members shall serve without
compensation or per diem. They shall be broadly representative of
the appointing authority's population, with diverse backgrounds
and a reasonable knowledge of cable communications. The regional
cable advisory board shall appoint from its members a chairperson
and a vice chair to serve in absence of the chair. No regional cable
advisory board member shall be affiliated with a local cable
franchisee in any way.
D. Reasonable expenses of the regional cable advisory board,
including any necessary support staff, shall be provided by the
participating jurisdictions through an approved annual budget,
approximately in proportion to board membership, but each
participating jurisdiction retains full authority over its staff and
expenditures except also as may be otherwise addressed by a
separately approved interlocal agreement.
E. The regional cable advisory board has discretion to act and
support the participating local governments in the following areas:
1. Consider unresolved complaints and disagreements between
franchisees and subscribers or users of the cable
communications system and issue rulings thereon.
2. Advise on the regulation of rates in accordance with the
provisions of any other applicable ordinance requirements or
laws.
3. Advise regarding general policy relating to the cable services
provided subscribers and the operation and use of access
and leased access channels (if any), with a view to
maximizing the diversity and usefulness of programs and
services to subscribers.
4. Assist in consideration of applications for new, transfer, and
renewal franchises.
5. Perform such other advisory functions as the executive or
legislative branches of participating jurisdictions may from
time to time request, but any functions requested by one
local government which concern areas of another local
government shall require the concurrence of the other local
government.
Passed the City Council
Attest:
City Clerk
2
Council President
Mayor
Approved as to form:
Assistant City Attorney
3
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AN INTERLOCAL AGREEMENT AMONG SPOKANE COUNTY,
CITY OF SPOKANE, WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION, SPOKANE TRANSIT AUTHORITY, AND
OTHER CITIES AND TOWNS WITHIN SPOKANE COUNTY, TO
FORM A SPOKANE REGIONAL TRANSPORTATION COUNCIL,
DEFINE ITS ORGANIZATION AND POWERS, AND ESTABLISH
A REGIONAL COUNCIL JURISDICTIONAL AREA.
THIS AGREEMENT, made and entered into this day of
2003 among the County of Spokane, a political subdivision of the State of Washington,
hereinafter referred to as the "County," the City of Spokane, a municipal corporation of the State
of Washington, hereinafter referred to as the "City," the Washington State Department of
Transportation, an agency of the State of Washington, hereinafter referred to as "WSDOT," the
Spokane Transit Authority, a municipal corporation of the State of Washington, hereinafter
referred to as "STA," and certain other incorporated towns and cities located within Spokane
County, hereinafter referred to as "Other Members," jointly, along with the County, City, STA
and WSDOT referred to as the `Members ?'
W ITNES SETH:
WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public
entities may jointly cooperate between each other to perform functions which each may
individually perform; and
WHEREAS, on December 18, 1991, the President of the United States signed the
Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) which provided
authorization for highways, highway safety, and mass transportation and enunciated a policy
statement "Rio develop a National Intermodal Transportation System that is economically
efficient, environmentally sound, provide the foundation for the nation to compete in the global
economy and will move people and goods in an energy efficient manner;" and
WHEREAS, Federal Transportation legislation required the establishment, by agreement
between the Governor of the State of Washington and units of general purpose local government,
of a Metropolitan Planning Organization (MPO), which in cooperation with the State of
Washington shall develop transportation plans and programs for urbanized areas of Washington
State; and
WI 1. REAS, pursuant to the above referenced state and federal laws and Federal
Transportation legislation, the Members are desirous of establishing a regional transportation
council to carry out those responsibilities of the MPO as provided for in Federal Transportation
legislation as well as other responsibilities determined by the Council.
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NOW, THEREFORE, it is specifically agreed among the Members hereto as follows:
Section is NAME
A regional body, comprising representatives of the County, City, WSDOT, Washington
State Transportation Commission, STA, and Other Members is hereby created and shall be
known as the Spokane Regional Transportation Council, referred to hereinafter as the "Council."
Section 2: PURPOSE
Recognizing that coordinated transportation planning of the County, City, WSDOT,
Washington State Transportation Commission, STA and Other Members are necessarily
interwoven and interdependent and that the interests of all citizens will best be served by
coordinated and cooperative transportation planning, this Council is established to facilitate such
appropriate coordination and cooperation and provide for continuing area wide transportation
planning.
The Council is not authorized to in any way supersede the authority vested in the County,
City, WSDOT, STA or Other Members, but is intended to meet the prerequisites of Federal
Transportation legislation.
Section 3: POWERS AND FUNCTIONS
The functions, responsibilities, and powers of Council shall be as follows:
(a) To perform the functions of the MPO for the urbanized area including those functions
set forth in the ISTEA legislation of 1991, Transportation Equity Act for the 21'
Century (TEA -21) and the Federal Register as it presently exists, or as it may be
hereinafter modified implementing TEA -21 as well as those functions, which may be
required hereinafter by Federal Transportation legislation.
(b) To prepare and update a Metropolitan Transportation Plan and Regional
Transportation Improvement Program.
(c) To administer regional transportation funding programs and consider only those
projects which have been approved by the governing bodies of the sponsoring
members and which are incorporated within the adopted. Metropolitan Transportation
Plan
(d) To participate in the maintenance of transportation related data banks and
transportation related information.
(e) To contract with the WSDOT or other appropriate entities in order to meet
requirements of State and/or Federal Transportation legislation.
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(f) To create technical and citizen committees to advise the Council on transportation
related matters_
(g) To perform such other transportation planning related functions as the Council may
hereinafter determine to be in the best interests of the Council.
The Council, or any of the Members hereto, may receive grants -in -aid from the State or
Federal, Government or any other department or agency and may accept gifts for the purpose of
this Agreement.
Section 4: JURISDICTIONAL AND METROPOLITAN AREA. DEFINED
The Council's jurisdictional area shall consist of all incorporated and unincorporated
areas of Spokane County, Washington, and may include contiguous areas across county or state
boundaries as deetnexl appropriate and which meet the criteria of State and/or Federal
Transportation legislation.
NO. 680 D004
Section 5: GOVERNING BODY AND OFFICERS
The governing body of the Council shall be governed by the following thresholds:
Jurisdictions under 50,000 population - one (1) person jointly selected by the Other Members,
who shall be an elected official from a small town/city jurisdictions 50,000 to 100,000 — one (1)
person appointed by each re governing body, who shall be an elected official;
jurisdictions over 100,000 population — two (2) persons appointed by each respective governing
body, who shall be elected officials; one (1) Board Member of STA appointed by the STA
Board, who shall be an elected official from a small town/city, two (2) state transportation
representatives, one from. the Washington State Departmnent of Transportation and appointed by
the Chair of the Transportation Commission, and the other from the Washington State
Department of Transportation and appointed by the Secretary of Transportation; and one (1)
person with private sector transportation provider experience who shall be appointed by a
majority vote of the other Council representatives.
All Council appointments shall be for a term of three (3) years or the tenure of office of
the representative in his/her respective jurisdiction whichever is the lesser time. Alternate
Cotmcil representatives may serve in the absence of the designated representative so long as the
alternate representative is an elected or appointed official of the appointing Member's parent
agency. All alternate Council representatives must serve in the same capacity as the regularly
designated representative as defined hereinabove
Officers of the Council shall include a chair and vice- chair, who shall be elected by
majority vote of the Council. Only representatives who are elected official§ may be ofcers.
Officers shall serve a one-year term. The chair shall alternate among representatives of the
Council.
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Section 6: MEETLNGS
The Council shall hold regular monthly meetings. The Chair may call a special meeting
or executive session or shall call a special meeting at the request of a majority of the Council.
The Council shall adopt rules for the conduct of its business consistent with this
Agreement and such rules shall prescribe, among other matters, the place of meetings and the
methods of providing reasonable notice to Members thereof. Such rules shall be adopted and
may be amended by a majority vote (75% ratification of the Member bodies) of the total
Council, or by amendment to this Agreement as provided herein.
All meetings of the Council shall be open to the public as required by chapter 42.30
RCW. A quorum for the purpose of transacting business shall consist of a simple majority of the
Board. All recommendations, motions, or other actions of the Council shall be adopted by a
favorable vote of a majority of those present. All Council representatives including officers shall
be entitled to one vote.
Section 7: STAFF AND SUPPORT
The Council shall employ a Transportation Manager and staff as necessary to conduct the
work programs of the Council consistent with this Agreement. The Transportation Manager
shall be appointed by and serve at the pleasure of the Council, shall be responsible for record
keeping and shall direct the Council staff to carry out the work program and purpose of the
Council. The Transportation Manager shall receive Council approval prior to submitting
application(s) for or acceptance of any grants to carry out those functions set forth in Section 3
hereinabove. Provided, however, in instances where a grant application must be submitted prior
to the next regularly scheduled meeting of the Coimcil so that timely Council approval =mot be
obtained, the grant application may still be submitted with approval of the chair and vice-chair of
the Council.
Employees of the Council shall be hired and discharged by and work under the direction
of the Transportation Manager.
The Council may arrange for support services such as requisitioning and purchasing,
payment of expenditures, accounting, payroll, computer processing, legal counsel, and others as
deemed necessary.
Pay schedules shall be set by the Council consistent with responsibilities performed and
the demand for such personnel in public and private industry, with due consideration to pay
schedules for like positions in Member agencies.
Section 8: WORK PROGRAM AND ANNUAL BUDGET
The Council shall prepare and adopt a proposed work program and budget for each
calendar year. The detailed annual work program shall list specific work projects to be
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undertaken by the Council. The Transportation Manager shall confer with and inform Members
concerning the preparation of and progress on the technical areas of work programs and projects.
The Council shall submit the proposed work program and budget to the Mcnnbcrs by
August 1 of the preceding year. Approval or rejection of such budget by each Member shall be
submitted to the Council by November 1 of each year.
The annual budget and/or work program of the Council may be amended by vote of the
Council, provided such amendment does not require additional budget appropriation, or by the
joint approval of the Council and Members where such amendment does require additional
budget appropriation. After approval of the Council budget, no Member may terminate or
withhold its share during the year for which it was allocated.
Section 9_: ALLOCATION OF COSTS, APPROPRIATIONS, EXPENDITURES
It is anticipated that most projects and programs of the Council will involve benefit to its
Members. Costs of the annual budget expenditures shall be divided among the Members as
determined by the Council. Any additional agency joining the Council as a Member, shall
contribute as agreed with the Council. Additional contributions to the Council budget may be
made to accomplish projects and programs deemed to be of particular pertinence or benefit to
one or more of the Member agencies.
Each funding Member approving the proposed Council budget shall submit its payment
on or before January 20 of the budget year that it has approved. The funds of such joint
operation shall be deposited in the public trea.sury of Spokane County or the public treasury of
any other Member as so agreed upon by the Members; and such deposit shall be subject to the
same audit and fiscal controls as the public treasury where the funds are so deposited. The funds
shall be used in accordance with the adopted budget and work plan.
The Transportation Manager may make expenditures in accordance with the approved
Council budget and work plan and shall maintain records of expenditures and report monthly to
the Council on budget activity.
Payment of all claims shall be signed by the Transportation Manager and approved
monthly by the Council. Such claims, with proper affidavits required by law, shall then be
certified for payment by the City or County Auditor or as arranged by the Council.
Section 10: ENTER- RELATIONSHIP BETWEEN COUNCIL, CITIES AND
COUNTY PLANNING COMMISSIONS
Cities and County Planning Commissions shall continue their respective BInctions as
provided by charter and/or State law, including preparation of Cities' and County
Comprehensive Plans, to which the Metropolitan Transportation Plan shall be coordinated, and
administering the zoning, subdivision and similar implementing controls as may be assigned
them by their respective legislative bodies.
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The successful execution of Council duties and responsibilities in preparing a
Metropolitan Transportation Plan, in coordination with local plans, requires comprehensive plans
be prepared and kept up -to -date by the City, County, and Other Mernbers for their respective
jurisdictions.
Section 11: AMENDMENTS
This Agreement may be amended by mutual agreement of the Members.
Section 12: TERMINATION
ION
The City, County, STA, WSDOT, or Other Members of the Council may terminate
membership in the Council by giving written notice to the Council prior to August 1 of any year
for the following year.
Section 13: PRIOR WRITTEN AGREEMENTS
This Agreement shall supersede the following Agreements:
Agreement creating the Spokane Regional Planning Conference, Spokane, Washington,
dated December 15, 1966.
An Amended Agreement between Spokane County, Washington, and City of Spokane,
Washington, to form a Spokane Regional Planning Conference, Define its Organization and
Powers, and Establish its Regional Planning District, dated August 31, 1972.
An Amended Agreement between Spokane County, Washington, and the City of
Spokane, Washington, and other municipalities, to form a Spokane Regional Council, Define its
Organization and Powers, and Establish Regional Council Jurisdiction Area, dated August 15,
1984.
An Interlocal Agreement among Spokane County, City of Spokane, Washington State
Departrnent of Transportation, Spokane Transit Authority, and Other Cities and Towns Within
Spokane County, to Form a Regional Transportation Council, Define its Organization and
Powers, and Establish a Regional Council Jurisdictional Area dated October 12, 1993.
Section 14: EFFECTIVE DATE
The effective date of this Agreement shall be upon ratification of this Agreement by a
majority of the signatoxies.
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8 '44
Section I5: METROPOLITAN PLANNING ORGANIZATION (MPO)
DESIGNATION
The execution of this Agreement by the signatures affixed hereto is not intended to act as
a revocation of the ivlPO designation under the Federal Highways Act, which existed prior to the
effective date hereinabove.
Section 16: SUCCESSOR IN I'vi TEREST
The Council, as provided for herein, shall be the successor . in interest to all grants,
contracts, and other documents entered into by the Council's predecessor, the Spokane Regional
Council.
IN WITNESS WHEREOF, the Members hereto have entered into this Agreement on the
day and year set forth Herein above.
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
Daniela Erickson, Deputy
A'ri t.ST:
By
City Clerk
00479 -E'E -SOS
ADOPTED by the Board of County Commissioners
of Spokane County, Washington this o_ Sf day of
,' 2003.
John Roskelley, Chair
M. Kate
CITY OF SPOKANE
Mayor
Assistant City Attorney
lin, Commissioner
31215
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07 /02/2003 13:16 WITHERSPOON KELLEY 4 9P9211008 -
WASHINGTON STATE DEPARTMENT
OF TRANSPORT ION
Mayor
CITY OF AIRWAY HTS., WASHINGTON
CITY OF DEER PARK, WASH GTON
Mayor
CITY OF LATAH, WASHINGTON
Mayor
AL LAKE, WASHINGTON
M r
Attest : ` ,4'1u. ct 4. C ?i..., j;).31
CITY OF ROCKFORD, W z ' GTON
CITY OF WAVERLY, WASHINGTON
8
SPOKANE TRANSIT AUTHORITY
CITY OF CHEN EY, WASHINGTON
iii • 41, � _.��►
c311(7
A44.10111
CITY OF MILLWOOD, WASHINGTON
M e " r
CITY OF SPANGLE, W • HINGTON
Mayor
Mayor
OF FAIRFIELD, WASHINGTON
WASHINGTON
CITY OF SPOKANE VALLEY,
WASHINGTON
NO.6B0 0009
6•d 0049 -6t' -SOS 018S dLO :i3O CO 10 InC
Memo
Valley
To Mayor DeVleming & City Council
From: William Gothmann, Planning Commission Chair
Date: June 11, 2003
Re: Recommendation — Planning Commission Rules of Procedure
The Planning Commission has reviewed the Planning Commission Rules of Procedure
draft and forward this recommendation of approval with minor modifications. Those
modifications are summarized as follows:
1. Section 8.4 — Meetings: Change the language to read: "The recommended
order of business for meetings shall be:' .
2. Section 16.B — Appearance of Faimess: A new paragraph was added by Deputy
City Attomey Cary Driskell after the last Planning Commission review related to ex parte
communications.
3. (New Section) Section 17 — Mandatory Review of Rules: Add a new section
requiring a review of the Rules of Procedure at the one -year anniversary and every two
years thereafter.
ilff am'Gothmann, Chair
Spokane Valley Planning Commission
i `1 3.
Planning Commission Recommendation
City of Spokane Valley
Planning Commission
RULES OF PROCEDURE
We, the members of the Planning Commission of the City of Spokane Valley, State of
Washington, pursuant to the City of Spokane Valley Ordinance No. 35, do hereby adopt.
and publish the following Rules of Procedure
1. Name
2. Location
ORGANIZATION AND RULES OF PROCEDURE
A. The "City of Spokane Valley Planning Commission ", hereinafter referred
to, as the "Commission" is an advisory body created by - the City Council
for purposes consistent with Ordinance No. 35.
A. The Commission offices shall be the City Hall of the City of Spokane
Valley.
Officers
Unless otherwise required by a vacancy in office, the Commission shall organize
every second year in accordance with Ordinance No 35:
A. Officers of the Commission shall be elected from its membership; the
officers shall be Chair, Vice Chair, and other appropriate officers that the
Commission may choose to approve and appoint by majority vote.
The Chair shall preside over the Commission and exercise all powers
incidental to the office, retaining however, the full right as a member of the
Commission to_ propose second motions and have a vote recorded on all
matters of the Commission.
The Vice -Chair shall, in the absence of the Chair from any meeting,
perform all the duties incumbent upon the Chair, and retain the full right as
a member of the Commission in the same manner as the Chair.
Secretary of the Commission
A. The Director of the Department of Community Development or his /her
designee shall serve as the Secretary to the Commission.
1
B. The Secretary shall provide for a tape recording of Commission meetings,
including public hearings and shall ensure that summary minutes of all
public hearings are prepared and filed in the public record.
C. The Secretary will conduct and record a roll call of the Commission
members at each meeting, public hearing and shall note for the record
attendance at study sessions.
Election of Officers
A. Officers shall be elected at the second regular meeting in the 11 calendar
month of each year, by majority vote of the membership of the
Commission. Terms of office shall run from January 1 following the
election meeting until December 31 of the second year, or until a
successor has been elected. No Commission member shall serve more
than two full consecutive terms as Chair of the Commission. No member
shall serve as vice -chair for more than two full consecutive terms.
B. A vacancy in any office. will be filled by a special election, to be held at a
convenient time with a majority present. In the event that the office of
Chair is vacated, the vice -chair shall serve in that capacity until the
required special election is held. Any member of the Commission is
eligible to fill the vacancy. However, no member can 'hold two office
positions.
6. Quorum
A. A quorum shall consist of four members of the Commission and no action
can be taken in the absence of a quorum except to adjourn the meeting to
a subsequent date. A quorum must be present for public hearings and
study sessions.
Voting
A.. The affirmative vote of a majority of those present shall be necessary for
the adoption of any motion or other general matter.
For the conduct of business dealing with matters, which require adoption
or changes to the City's Comprehensive Plan and the election of officers,
at least four affirmative votes must be cast. Each member • of the
Commission is entitled to one vote but no proxy shall be allowed.
2
8. Meetings
A. There shall be two Planning Commission regular meetings each month.
The meetings shall be held on the 2nd and 4 Wednesdays of the month,
commencing at 6:30 p.m. and ending at 9:30 p.m: until July 31 and
thereafter on the 2 and 4th Thursdays of the month at the time set forth
above. Meeting ending time can be extended by a majority vote of the
commission. Meetings may be used for general planning matters, study
sessions or public hearings as described below.
1. Meetings on General Planning Matters. General planning matters
to be reviewed by the Commission will be typically be preceded by
a study session of the Commission to discuss the issues with
Community Development Department staff. Generally, no
testimony from the public shall be taken at a study session.
Public Hearing Meeting. A public hearing is a meeting wherein
general business and public hearing items, such as the
Comprehensive Plan and development regulations are discussed
and decided.
3. Scheduled meetings may be canceled or convened at other times if
deemed necessary by the Chair or, in the absence of the Chair, by
the Vice - Chair. Notice of cancellation shall be given personally to
Commission Members and to the public by posting a notice at
Commission offices.
4. The recommended order of business for Meetings shall be is:
(a) CaII to order by Chair.
(b) Pledge of Allegiance.
(c) Roll call by recording secretary.
(d) Approval of Agenda.
(e) Approval or amendment of minutes.
(f) Commission Members Report
(g) Administrative Report. •
(h) Commission Business.
a. Old Business
b. • New Business
(i) Public Comment
(j) For the Good of the Order.
(k) Adjournment..
B. Planning Commission meetings shall be held in accordance with the
requirements of the Open Meetings Act, RCW Chapter 42.30.
3
C. Special meetings and study sessions may be called:
1. By the request of the Chair, or, in the Chair's absence, by the Vice -
Chair.
2. By the written request of three or more members of the
Commission.
3. By agreed motion of the Commission.
9. CONDUCT OF HEARINGS
A. Actions for a Planning Commission Public Hearing.
1. Prior to the start of the public hearing, the Chair may require that all
persons wishing to be heard shall sign in with the Secretary, giving
their names and addresses, the agenda item, and whether they
wish to speak as proponent, opponent, or otherwise. Any person
who fails to sign in shall not be permitted to speak until all those
who signed in have done so. At any public hearing, persons who
have signed in and wish to be heard shall be given an opportunity
to be heard. However, the Chair shall. be authorized to establish
speaker time limits and otherwise control presentations to avoid
repetition. The Chair, subject to concurrence by the majority of the
Commission, may establish time limits and otherwise control
presentations. The Chair may change the order of speakers so that
testimony is heard in the most logical groupings, (i.e., proponents,
opponents, adjacent owners, vested interests, etc.)
B. The Chair introduces the agenda item, opens the public hearing, and
announces the following Rules of Order:
1. All comments by proponents, opponents, or the public shall be
made from the speaker's rostrum, and any individual making
comments shall first give his /her name and address. This is
required because an official recorded transcript of the public
hearing is being made.
2. It is not necessary to be a proponent or opponent in order to speak.
If you consider yourself neither a proponent nor opponent, please
speak during the proponent portion and identify yourself as neither
a proponent nor an opponent.
3. No comments shall be made from any other location, and anyone
making "out of order" comments shall be subject to removal from
the meeting.
4. • Please avoid demonstrations, applause or other audience
participation during or at the conclusion of anyone's presentation. It
is distracting to the Commission and persons testifying.
5. These rules are intended to promote an orderly system of holding a
public hearing, to give persons an opportunity to be heard and to
ensure that individuals are not embarrassed by exercising their
right of free speech.
C. When the Commission conducts a hearing to which the Appearance of
Fairness Doctrine applies, the Chair (or in the case of a potential violation
by. that individual, the Vice Chair) will ask if any Commission member
knows of any reason which would require such member to excuse
themselves pursuant to the Appearance of Fairness Doctrine. The form of
the announcement is as follows:
All Commission members should now give consideration as to whether
they have:
(1) A demonstrated bias or prejudice for or against any party to the
proceedings;
(2) A direct or indirect financial interest in the outcome of the proceeding;
(3) A prejudgment of the issue prior to hearing the facts on the record, or
(4) Had ex parte contact with any individual, excluding administrative staff,
with regard to an issue prior to the hearing. Please refer to Section 16(B)
- for more specific information on how to proceed where there has been an
ex parte communication.
If any Commission member should answer in the affirmative, then the
Commission members should state the reason for his /her answer so that
the Chair • may inquire of administration as to whether a violation of the
Appearance of Fairness Doctrine exists.
CONDUCTING THE PUBLIC HEARING
The Chair announces the matter and opens the public hearing stating the
date and time.
The Chair allows staff to describe the matter under consideration and
place matters in the public record.
The Chair inquires as to whether Commissioners have any questions of
staff. If any Commission member has questions, the appropriate individual
will be recalled.
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The Chair allows proponents, opponents and the public to offer testimony
and evidence on the pending matter. The Chair may allow Commission
members to ask questions of any person at the conclusion of their
testimony.
At the conclusion of the public testimony, the Chair asks staff if any
additional information, testimony or evidence to submit for the record.
The Chair either closes or continues the public hearing. Additional
• testimony may not be requested or considered after the closing of the
public hearing, unless the Chair declares the record open until a date
certain for the purpose of receiving written testimony or materials.
The Chair inquires if there is a motion by any Commission member. If a
motion is made, it shall be in the form of an affirmative motion. Following
the motion and its second, discussion occurs among Commission
members.
The Chair inquires if there is any further discussion by the Commission
members.
The Chair inquires if there are any final comments or recommendations
from staff.
The Chair inquires of the Commission members if they are ready for the
question.
The Secretary records a roll call vote.
The Chair may direct staff to prepare findings for approval.
D. Pre - filing of testimony or evidence is encouraged and may be delivered to
the Department of Community Development in advance of a hearing.
10. Agenda, Staff Reports and Minutes for Regular Meetings.
A. Typically, a copy of the agenda for every regular meeting of the Planning
Commission shall be sent to each member up to seven (7) days prior to
the date of the .meeting.
B. If available, staff reports will be sent to Planning Commission • members
with the agenda. Agendas and staff reports will be made available to
applicants and the public at the same time.
11. Minutes and Communications with the City Council.
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A Minutes of all meetings shall be kept and the complete files of proceedings
and actions taken in connection therewith shall be considered the public
record and filed with the City Clerk.
The Secretary shall provide the Commission members with a set of
minutes of the previous meeting. These minutes shall be considered for
approval by the Commission at a regularly scheduled public meeting and
upon approval shall become part of the official record of action of the
Commission. Minutes shall also be transmitted as correspondence to the
City Council for general information.
B The assigned City Council Liaison may attend meetings for the purposes
of communications with the Council as set forth in the "CITY OF
SPOKANE VALLEY GOVERNANCE COORDINATION MANUAL ".
12. Recording of Meetings
Proceedings of all regular meetings, public hearings and study sessions shall be
recorded and retained.
13. Temporary Committees
The Chair shall have authority to create temporary committees of one or more
members and to appoint the members to such committees, which may be
charged with such duties as examination, investigation and inquiry into one or
more subjects of interest to the Commission. No temporary committee shall
have the power to bind the Commission to the endorsement of any plan or
program. The Chair may appoint citizens to committees of the Commission.
14. Code of Conduct
A. Prohibited Acts. Members of the Commission are prohibited from:
1. Acting in a manner, which would result in neglect of duty,
misfeasance or malfeasance in office.
2. • Acting in a manner that intentionally disrupts Commission
meetings.
3. Missing .six (6) or more regularly scheduled meetings or study
sessions in a 12 -month period without such absence being excused
by the Commission.
4. Using his or her position to secure special privileges or exemptions
for himself, herself, or others.
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15. Conflict of Interest
16. Appearance of Fairness
Directly or indirectly giving or agreeing to receive compensation,
gifts, rewards, or gratuities from any source, . except the City of
Spokane Valley, for a matter connected with or related to the
services as a member of the Commission, unless otherwise
provided by law.
6. Accepting employment or engaging in business or professional
activities that he or she might reasonably expect would require or
induce said member to disclose confidential information acquired
by reason of membership on the Commission.
7 Disclosing confidential information gained by reason of his or her
membership on the Planning Commission or using such information
for his or her personal gain or benefit.
A. Any Commission member having a direct or indirect interest in, or who
would benefit. from any matter, shall disclose this interest and shall, if
deemed appropriate by that commissioner or required by law, refrain from
participating or voting on the matter.
No member may participate or vote on a matter unless the member has
been in attendance at all public hearings regarding such matter or has
listened to the taped recording of the public hearing and reviewed the
written record of the matter in question.
A. The Commission shall adhere to the applicable requirements of the
appearance of fairness doctrine, RCW Chapter 42.36.
B. During the pendency of any quasi - judicial proceeding, no Commission
member may engage in ex parte communications with proponents or
opponents about a proposal involved in the pending proceeding, unless
the Commission member: (1) places on the record the substance of such
oral or written communications; and (2) provided that a public
announcement of the content of the communication and of the parties'
right to rebut the substance of the communication shall be made at each
hearing where action is taken or considered on the subject: This does not
prohibit correspondence between a citizen and Commission members if
the correspondence is made part of the record, when it pertains to the
subject matter of a quasi - judicial proceeding. (RCW 42.36.060)
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17. Review of These Rules of Procedure
The Planning Commission shall review these rules of procedure on the first
anniversary of their adoption and every other year thereafter. Any amendments
identified by the Planning Commission shall be forwarded to the City Council for review
and ratification.
KNOW ALL PERSONS BY THESE PRESENT:
That the undersigned Secretary of the Spokane Valley Planning Commission does
hereby certify that upon review and majority vote the above and forgoing rules have
been duly adopted by the members of said Commission.
BY
Date:
Secretary of the Commission
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