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2003, 05-06 Study SessionNOTE; AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL RESERVES 1 II_E I{IGII 1 TO REQUEST INFORMATION FROM THE PUBLIC AM) STAFF' AS APPROPRIATE SUI3JECT Building Building Public Works Administration Administration Study Session Agenda, May 6, 2003 DISCUSSION LEADER ACTIVITY Bob Ely Bob Ely Dick Warren Dave Mercier Dave Mercier CITY OF SPOKANE VALLEY CITY COIJNCIL.. WORKSHEET — STUDY SESSION CCTV HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, May 6, 2003, 6 :00 p.m. Fee Schedule comparisons and amendments (15 minutes) Fireworks ordinance (5 minutes) Storm Water Agreement - County (5 minutes) Mirabeau bonds /Public. Facilities District status And bond reimbursement resolution (10 minutes) DISCUSSION GOAL First Touch - Introduction Consensus - Agenda 5/13? Consensus- Agenda 5/13? Information Consensus 5/13? Presentation, Spokane Housing Authority (10 minutes) .Information - Presentation 1 Administration Stan F1cNutt Presentation, Fires Protection Services Transition Committee (10 minutes) Comm. Develop. Jim Harris CDBC — participation in consortium (5 minutes) Comm. Develop. Jim Harris County zoning issues (20 minutes) Comm. Develop. Jim Harris Junk Vehicle ordinance (15 minutes) Public Works Dick Thiel EMAN network franchise agreement (15 minutes) Public Works Dick Thiel :Request for approval to hire Engineering Technician Position (5 minutes) Comm. Develop. Jim Harris Long Range Planning Work Program (5 minutes) City Manager Dave Mercier Councilmanic Bonds For Public Facilities (5 minutes) Administration Dave Mercier City Manager Commentary (5 minutes) Information- Presentation Consensus - Agenda 5/13? Consensus - Agenda 5/13? Consensus- Agenda 5/27? Consensus - Agenda 5/13? Consensus - Agenda 5/1.3? Information Information Information Study Session Agenda, May 6, 2003 2 DRAFT FEE SCHEDULE COMPARISON ? Indicates unknown fee or not used * These fees include the County's 22% surcharge Page of City of County of Spokane Fee Resolution Spokane Spokane Valley The chart on page one of Spokane Valley's Resolution 03 -021 on fees is used by all three jurisdictions. Page 2, Item 2 ' ICBO Modifier is used by the County and the Valley agencies, But the 4 categories listed here are different. a. Private garages (wood frame) S20.94 sq. ft.. b. Private garages (Masonry ) $27.40 c. Pole buildings S20.94 d. Open carports, decks, porches $14.30 Page 3 Minimum Basic Building Permit Fee $35.00 $35.00 Item 3 Plans review fees All except R -3, U -1, U -2, tents, minor projects . 65% 65% 65% Group R -3 Occupancies 65% 22% 20% Group U -1 & U -2 Occupancies 65% 22% 5% Temporary tent or structure ? 22% 5% to 1 0% - item 4 Building Code fees are all the same. Collection time varies. Item 5 Early start agreements (foundations) - of building permit .fee 25% 25% 20% Item 6 Temporary Certificate of Occupancy (% of building fee) -0- 10% $50. Item 7 Fast track permits (% of building fee) 100% 100% Fee Coip 4 -21 -03 1205 hours 1 $18.30 * $22.00 * $18.30 * $13.42 * $15. sq. ft. $18. sq ft. $15. sq. ft. $11. sq. ft. Not allowed Spokane Spokane Spokane City. County Valley Page 3 SIGN FEES Pole $100. $ -15 sq ft x 131dg $ 40. $ .10 ft height $45, bldg 5. pole PLITiv1131NG CODE Basic 'fee $25. $25. $35. Unit fees (water closets, sinks, lavatories, dishwashers drains, garbage disposals, back. flow devices, et al) S11. $ 6 - $ 6. Private sewer systems 7 7 $20. Water Beater $1L $ 6 $ 6, Industrial waste interceptor 7 7 $15, Lawn sprinkler system `r $ 6, $25. Page 3 & 4 MECHANICAL CODE Basic tee $25. $25. $35. Furnaces and suspended heaters up to 100,000 btu $13.25 $12. $15. Over 100,000 btu $16.25 $15. $19. Heat pumps & air conditioners- up to 3 tout $1125 $12- $12, 3 - 'I 5 ton $22.00 $20. $20. 15 - 30 ton $27.50 $25, $25. 30 - 50 ton $38.50 $35. $35- 50 ton and up $65.00 $ 0 $60. Gas water heater 511,00 $10. $10. Gas piping systems each outlet $ 2.00 ** 1, S 1, Appliancevents - repair. relocation $11.00 - S10, $10. Repairs or additions of appliances controlled by the UBC 7 7 $15, Fee C:onap 421. 1205 Fours lter 8 Dourly rate for employees $60. $40. $47, 2 Boilers, Compressors, Absorption systems Up to 100,000 btu $13.;25 $12. $15. 100,000 to 500,000 btu $22.00 $20. $22. 500,000 to 1 million btu $27.50 $25. $28. 1 million to 1,750,000.btu $38.50 $35. $36. 1,750,000 and up btu $65.00 $60. $65. Spokane Spokane Spokane City County Valley Air handlers Up to 10,000 cfm . Over 10,000 cfm ** $ 10. minimum WASHINGTON STATE BU1LD1NG CODE COUNCIL fee is collected by all agencies and in the same manner. Fee Comp 4 -21 -03 1205 hours 3 $13.25 $12. $12. $26.50 $15. $19. Ventilation and exhaust each fan $11.00 $10. $10. Ventilation system $11.00 ? $12. Incinerators Commercial ? ? $22. Residential ? ? $19. Unlisted appliances under 400,000 btu $60.00 $50. $50. 400,000 btu and over $110.00 $100. $100. Hoods Type 1 $55.00 $50. $50. Type 11 $11.00 $10. $10. L P storage tank ? ? $10 Wood or wood pellet insert $ ? $10. $10. Wood stove system - free standing ? 525. $25. Page 5 ENERGY CODE The fees under this section are to be collected only if our staff does the plans check. if the contractor, architect or special inspectors verify adequately the energy fulfillment required and will bill accordingly. DEMOLITION PERMIT HOUSE MOVING Class I and 11 Moving permit ? Inspection Fee Class IIC Moving pemlit Class IV If permitted by County or City of Spokane Fec Comp 4 -21 -03 1205 hours 4 Single family $ 35. $20. per•1,000 sq. ft $35. SFR. * Others $ 35. sq ft Up to $200. $125. COMM (max :$350.) * +$20. garage + $10. ea for septic or underground fuel MISCELLANEOUS FEES Hourly rate for employees $60.00 $40. . $47. Overtime ? 2 hr min. 1 %2 hr. pay Spokane Spokane Spokane City' County Valley Page 5 & 6 PREAPPLICA.TION — Building Division _ If called by the contractor or owner (agent) Group 1. ? $61. $61. Group 2 $70. Group 3 S80 Group 4 $95. If called by the Building Department for the City benefit N / C Page 6 MOBILE HOMES Temporary mobile home value of property $70. MANUFACTURED HOMES per section $50. $50. 550. Basement fee calculated same as any building fee in addition to the above ? $50. $50. $50. 550. N/C MINIMUM: HOUSING INSPECTION FEE SF $120. ? $55. MFG .$150. to $1,080. Plus 547. per hour WORKJNG ON ANY BUILDING WITHOUT A PERMIT Al] three department use the same fornlula EXESS INSPECTIONS CREATED BY THE CONTRACTOR Per inspection CONDOMINIMUM CONVERSIONS Fee based on the valuation of the conversion and the UBC fee schedule SWIMMING POOLS (Over 5,000 gallons) Basic fee Plus any plumbing inspection fees required Fee Comp 4 -2 L -03 1205 hours 5 COM $ 120. Min after the 1st hour Page 7. SPECIAL. INSPECTIONS (REQUESTED by owner or agent) 1. Fire mud, flood, wind $60. 2. Mini :Day Care $60. 3. Nursing Homes, hospitals, et al $60. 4. Special Occupancies $60. Spokane Spokane Spokane City County Valley $50. $47. TEMPORAR.X TENTS, CANOPIES, AIR. SUPPORTED 1. Plans check fee Value of $13. 2. Basic permit fee Bldg $60. Page 7 ENCLOSING OF AN EXISTING DECK OR PATIO Basic permit fee. To be based on value with minimum of $3,000. Plans check fee at 20% $50. res. $50. $50. $75. com. Page 8 Page 8 GRADING The descriptions outlines in Table 33 -A and Table 33 -13 of the UBC will be used. Permit fees 50 cubic yds or less 51 to 100 cu yds 101 to 1,000 cu yds 1,001 to 10,000 cu yds 10,001 to 100,000 cu yds 1.00,001 to 200,001 cu yds 200,001 plus Plans Checking Fee 50 cubic yards of less 51 to 100 cu yds 101 to 1,000 cu yds 1,001 to 10,000 yds 10,001 to 100,000 cu yds 100,001 to 200,000 cu yds 200,001 and up Land clearing only - Without cubic yards of being moved. ? Fee Comp 4-21-03 1205 hours 6 $22.50 $20. $20. $22.50 $20. $25. $22.50 +$10.50 $20 + $7/100 $27+ 10 /100 $117. + $9. $83.+ $6 /1,000 $90. +$8. /1,000 $198.± $40.50 $137. +$27/10,000 $160. +$15./10,000 $562.+ $22.50 $380. +$15.f10,000 $368. +$15./10,000 S530. +$15. /10,000 $503, +$15./10,000 $ -0- Spokane City $15. $22.50 $30. $30. + $15. /per $169. + $9./ $255. + $4.50 $ -0- Spokane County $10. $15. $20. $20 + $10. /per $110. +$6 /per 10,000 yds $170.+ S3. /per 10,000 yds ? $ -0- Spokane Valley S 12. $20. $25. $25. +$7. /per $98. + $7 /per 10,000 yds $188. $120. Page 9, 10 and 1.1 FIRE CODE FEES 1. These fees for installation of hazardous occupancies as listed in item 6 and on may or may not be levied depending on the requirement of the Building Official and the Fire Marshal. 2. False alarms — The County does not have such fees. Fire District #1 requested these fees be place in the Fee Schedule. 3. Fireworks For. Displays only 4. A. Plans check and inspection fee for new commercials B. Fire Watch —3 hours minimum C. Hourly fee for extras D. Hourly rate Foe Comp 4 -21 -03 1205 hours 7 Spokane Spokane Spokane City County Valley $ 100. $100. $40. $140. $47. 5. A through T have been priced to match the County's permit rate, except that R has a minor change as follows: Annual permit fee for using explosive materials. $35. $95. Annual permit fees for High Piles Stock $35. -0- Permit fee for each individual explosive project $35. Page 12 PUBLIC WORKS 1. Hourly rate $50. 2. Public Right of Way a. Obstruction permit $10 (plus inspection fee) b. Utility right of way $10. (plus inspection fee) c. Approach permit (Curb cut) $25. (plus inspection fee) d. Construction permit in the City right of Way $200. (plus lineal foot charge) e. Cash, certified check or bond for right of way cleaning $1,000. 3. Traffic Impact fees Not set 4. Storm Water review fees $250. Plus S50. per hour inspection fee 5. Water and Sewer fees are not included 6. Flood Plain Permit $30. 7. SPECIAL INSPECTIONS a. Field Monitoring Commercial $200. plus hrly Industrial $225. Plus hrly b. Conditional Use .Permit S200. c. Variances hrly rate d. Shoreline permits $250.+ hrly Fee Comp 4 -21 -03 1205 hours 8 Spokane Spokane Spokane City County Valley Page 12 7. Site Engineering A. Commercial construction Page 13 B. Residential construction C. Subdivisions et al Page 14 COMMUNITY DEVELOPMENT 1. Subdivisions Tentative plat $250. Preliminary plat • $1.698.+ $2,000. • $14. a lot + $25. a lot Final Plat $862..+ $1,000, $10.alot +$10.alot Short plat 2 -4 lots S$500. Short plat 5 -9 lots Tentative plat $250. Preliminary $1,000. + S25. a lot Final plat $800. + S10. a lot Short plat appeal $200. Plat Modification minor % of plat fee Major % of plat fee Certificate of exemption $95, Zero lot line $100. -I- . $10. a lot Fee Comp 4 -21 -03 1205 hours 9 S250. plus hrly Rate after 5 hrs. S150. plus hrly Rate after 3 his. Hourly rate Fee Resolution Spokane Spokane Spokane Page City! County Valley Page 14 2. SEPA checklist Single dwelling $76. per hr. $100. All others $300. SEPA modification $100. Exempt determination $100. Appeal of SEPA determination $100. Fee Comp 4-21-03 1205 hours 3. Shoreline Substantial Development Permit Conditional Use Variance 50% of the established fee Appeal — local 51,200. $398. to $795.# $1,000. $1,200. 4. Administrative interpretation Appeal of decision $250. 5. Annexation review and handling $1,700. Final binding site plan $1,300. 6. Appeal of hearing examiner findings $300. Page 15 7. Binding site plan $500. 8. Binding site plan modification $350 9. Combining districts $1,500. 10. Comprehensive Plan Amendment $1,500. 11. Comprehensive Plan text amendment $1,500. 12. Conditional Use Permit $1,200. 13. Lot line adjustment $ 300. 14. Lot line elimination $ 100. 10 page 15 Page 16 Page 17 Fee Comp 4 -21 -03 1205 hours 15. Plan Un.it Development PUD tentative PUD plan PUD plan rnoc1 fjcation Minor 250_ Major $ 750. 16. Pre application conference $ 61. $ 61, 17. Signs - Review of. permanent sign $ 150. J .eview of temporary sign $ 75 18. Horne occupation pemiit $ 300. 19 Temporary use- 0 to 30 days '. $ 100. 31. to 90 days $ 250, 20 Variances Administrative Single family residencies Signs and all others 21 Zoning map amendments (rezone) 22. Zoning and subdivision code text change ON- AFP.LJCATIO PEES 1. Site plan review 2. Environmental Impact Statement To be contracted out Staff review of consultant's work AD 1NIS' I R.A.Tt E Copy fees a_ Copies of tape photos, maps, etc b. Copies of written records 8 1 a x 10 11 $ 250, $1,491._ $1,500_ $25. a lot No ad vcr icing flee included Spokane Spokane Spokane City County Valley Approx. $5. $.15 $795. to 52,385 .25 300, 750. $1,500. $ 500_ $ 250_ Applicant cost $2,000, At cost _1.5 Page 18 Fee Comp 4 -21 -03 1205 hours c. Copies of annual budget City is on WF13 e. Copies of full documents to be obtained from Kinko's Other fees a. NSF checks b. Use of Public Property; permit for PARKS AND RECREATION 0. Administrative fee Refuse fee 1. Picnic Shelter ( <200 people) Picnic shelter (200 plus people) Refundable deposit ( <200 people) Refimdable deposit (200 + people) 2. Events (weddings, et al) 3. Mirabeau Non -profit rate Small shelter and waterfall Mirabeau Meadows Shelter ( <200 people) Mirabeau Meadows Shelter (200 +) Refundable deposit (<200 people) Refundable deposit (200 +) 12 $ -0- pages at cost -0- $ 10. $25. Spokane City $50. $50. to $100. $150. $50. $250. $150. $15.00 $25. Spokane County 850. $30. $150. $50. $250. $150. for Camp Caro $150. for Camp Caro $150. for S50. $250. Spokane Valley $30. $50. $30. $150. $50. $250. S 150. for $150. Camp Caro $80. or free With sponsor- ship $150 (4 hrs) $ 80. $150. $50. $250. Page 18 4. Field use Fee Comp 4 - 21 - 03 1205 hours youth — no lights youth — lights adults — no lights adults — lights League use Aquatics Pool admission (age 5 +) Pool admission (under 5) Pool punch pass ( (25 swims) 'Weekend family discount Reservation ( <50) Food fee Reservation (50 to 100) Food fee Reservation (101 to 150) Food fee Page 19. . 6. Photography • Still no fee established yet for Spokane Valley Family still and video Non family and non commercial still and video Coiumercial still Short commercial video Motion picture and film 13 Spokane City $75. ? $50. S250. S25. to $150. $$25. to $150. 525. to $500. Spokane County Spokane Valley $ 1. Free $20. one child under 13 free with paying adult •$100.hr (Min 2 hr) 525. $125. hr (min 2 hr) $50. ? $150. hr (min 2 hr) $75. ** age 19 Fee Comp 4 -21 -03 1205 hours 7. Indoor Use Open gym admission ? ? $ 2. Indoor playground program admission ? ? $ 20. Admission to open carnivals ? ? $ _0_ Room rentals $ 12: to $50. hr ? $10.(3 lir min) Gym Rentals — practice, games $15.! to $60. hr ? $15.(2 hr min) Gym Rentals — events, dances $ 80: to $100. hr. ? $100. hour 8. Recreation classes / camps / programs varies varies Varies 9. Trips — Senior, teens, etc. Varies Varies Varies 14 Spokane Spokane Spokane City County Valley City of SPOKANE VALLEY EX 1{IBI "ly A FOR RESOLUTION 03-021 REVISED MASTER FEE SCHEDULE FOR BUILDING & FARE CODES, AND DEPARTMENTS OF PUBLIC WORKS, PLANNING, PARKS ANT) RECREATION, AND A_DMINISTRATION. Fees for permits and services will be set by this resolution for the City of Spokane Valley X411 fees are to he collected and listed on the finance department receipt under the proper BARS code number so that each fee can be accounted for. BUILDING CODE 1. Building Permit fees for each project is set by the following fee schedule and item 2 below. TOTAL VALUATION 51 to $500 $501 to $2,000 52,001 to 525,000 525,001 to 550,000 $50,001 to $100,000 5100,001 to $500,000 5500,001. to $1,000,000 $1 and up FEE 523.50 523.50 for the first S500 plus $3.05 for each additional $100, or fraction thereof, to and including 52,000 569.25 for the first 52,000 plus $1.4 for each additional $1,000, or fraction thereof to and including 525,000 5391.25 for the first $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and including 550,000 5643.75 for the first 550,000 plus $7 for each additional 51,000, or fraction thereof, to and including 5100,000 $993.75 for the first 5100,000 plus 55.60 for each additional 51,000, or fraction thereof, to and including 5500,000 53,233.75 for the first 5500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including .$1,000,000 $5,608.75 for the first $1,000,000 plus 53.15 for each additional $1,000, or fraction thereof Fee Res; 03 -021 revised 4 -21 -03 1200 hours 1 2. The above table is to be used to determine the building permit fees and plans check fees based on the I. B. C. O. Valuation Modifier for this part of the country. TIIIS MODIFIER FIGURE IS FOR SETTING FEES ONLY AN'D NOT TO DETERMINE THE EXACT VALUE OF THE BUIL DIG. This modifier is revised and published every April by the International Conference of Building Officials and used by the City. The modifier of 1.0 is to be used. The WSBCC fee will apply, and is not refundable. Except: The categories listed below in the ICBO valuation modifier are changed to read as follows: a. Private garages (Wood frame) 515.00 sq. ft b. Private garages (Masonry) $18.00 sq. ft. c. Pole Buildings $15.00 sq. f>; Open carport, decks, porches $11.00 sq. Houses and dwellings in the ICBO valuation modifier will use the AVERAGE cost per square fool Minimum basic building permit fee S35.00 3. PLANS REVIEW FEES are to be collected at the time of receiving the application for permit. This fee is to be 65% of the cost of the basic building permit fee as set by the City of Spokane Valley for all buildings except Group R -3 Occupancies and Group U Occupancies. Plans review fees are not refundable, except under certain conditions established by the Building Official. (See Operating Policy # 29 and Section 107.3 of the U. B. C.) This fee is in addition to the full basic fee. The WSBBC fee is also to be collected at this time. If a set of plans already checked and approved is resubmitted by the owner or his/her agent, an hourly rate of $ 47.00 will be applied for the re- review. Other plans check fees are as follows: Group R -3 Occupancy Plans check fee 20% of permit fee Group U -1 & U -2 Occupancy Plans check fee 5 %_ofpertnit_fee Temporary Tent or structure Plans check fee 20% of permit fee Some minor projects in all buildings — Plans check fee 5% to 10% of fee 4. THE BUILDING CODE FEES over $50.00 are collected at the time of the issuance of the building permit. Building Code fees under $50:00 will be collected at the time of permit issuance. Other fees are also to be collected at the time of the issuing of the building permit. (i.e.; fire department fees not already collected, plumbing and mechanical code fees, planning fees, public works fees, and fees.in lieu. etc.) Each department for whom the fee is collected is to advise the permit specialist of fees due. ADDITIONAL PLANS CHECK FEES MAY BE ASSESSED IF CONSIDERABLE CHANGES OR REVISIONS NEED TO BE MADE I1V' THE PLANS PRIOR TO APPROVAL. 5. Early Start Agreements (Foundations) 25% o Building Permit Fee 6. Temporary Certificate of Occupancy $ 50.00 7. Fast Track Permits Not Allowed Fee Res. 03-021 revisal 4 -21 -03 1200 hours 2 S. Hourly rate set for. City Employees $ 47.00 SIGN FEES 1. Fees collected for a sign permit and a plans check fee for signs erected in accordance with the Uni form Sign Code. The below fee plus the WSBCC fee of $4.50. Signs mounted on buildings $45.00 Sign and pole mounting $65.00 PLUMBING CODE. 1. The fees outlined below are to be collected at the time of issuing a plumbing permit. If the plumbing is included in the Building Permit the unit costs are to be added but not the basic perr_uit fee. A. Basic fee for issuing each permit $ 35.00 Basic for each supplemental permit $ 17.00 13. Unit fees (in addition to the basic fee) 1. For each plumbing fixture on a trap ( including garbage disposals, dish washers, back flow device, drainage, hot tubs, built in water softener, water closets, lavatories, sinks, drains, etc) $ 6.00 2. Private sewage disposal system $ 20.00 3. Water heater, each $ 6.00 4. Industrial. waste pretreatment interceptor including its trap and vent, except kitchen type grease interceptors functioning as fixture traps. $ 15.00 . 5. Repair or alteration of water piping, drainage or vent piping, each fixture . $ 6.00 6. Lawn sprinkler system on any one meter including backflow protection devices, each $ 25,00 - 7. For atmospheric type vacuum breaker each $ 6.00 S. Backfi.ow protective device other than atmospheric type vacuum breakers, each $ 6.00 9. Medical Gas, per outlet $ 6.00 10. interceptors, each $ 6.00 MECHA.I'JICAL CODE • 1. The fees outlined below will be used and collected at the time of issuing a mechanical permit. Tf the mechanical is included in the Building Permit the unit costs are to be added but not the basic permit fee. A. Basic Fee for issuing a permit $ 35.00 Basic fee for each supplemental permit $ 7.50 Fcc Res. 03 -021 revised 4_21.03 1200 hours 3 Fee Rm. 03 -021 revised 4 -21 -03 1200 hours Unit fee (in addition to the basic fee) Refer to the Uniform Mechanical fee list (Table 1 -A) for explanation of. each Category. Furnaces & suspended heaters - Installation or relocation up to and including 100,000 btu $ 15.00 over 100,000 btu $ 19.00 Duct work system $ 10.00 Fleat pump & air conditioner - 0 to 3 tons $ 12.00 3 to 15 tons $ 20.00 over 15 to 30 tons $ 25.00 over 30 to 50 tons $ 35.00 over 50 tons $ 60.00 Gas water heater $ 10.00 Gas piping system Each outlet $ 1.00 Gas log, fireplace, and gas insert installation $ 10.00 Appliance vents installation- relocation - Replacement $ 10.00 each Repairs or Additions - of appliance controlled by the UMC. $ 15.00 Boilers, Compressors, and Absorption systems 3 hp - 100,000 btu or less $ 15.00 3 to 15 hp - 100.000 to 500,000 btu $ 22.00 15 - 30 hp - 500,000 to 1,000,000 btu $ 28.00 over 30 hp - 1,000,000 to 1,750,000 btu $ 36.00 over 50 hp - over 1,750,000 btu $ 65.00 Air Handlers Each unit up to 10,000 cfm, including ducts See UMC for exception $ 12.00 Each unit over 10,000 cfm $ 19.00 Evaporative Coolers (other than portable) $ 10.00 Ventilation and exhaust • Each fan connected to a single duct $ 10.00 Each ventilation system $ 12.00 Each hood served by mechanical exhaust $ 12.00 Incinerators Installation or relocation of residential $ 19.00 Installation or relocation of commercial $ 22.00 Appliances, each $ 10.00 Unlisted appliances under 400,000 btu $ 50.00 Over. 400,000 btu $100.00 Hood; type I $ 50.00 Type II $ 10.00 L P Storage tank $ 10.00 Wood or Pellet stove insert $ 10.00 Wood stove system - free standing $ 25.00 ENERGY CODE Energy Code Plans check fee is also established to check to meet the requirements of RCW 51-11. WAC. These are in addition to the Building Code. fees. If City inspectors are assigned to verify Energy flans the following fees will be invoked. If an outside energy inspector is required that fee will be determined by the outside agency. Residential Remodel / Addition $ -0- New Single Family $ -0- Tenant Improvement 0 to 10,000 square feet 10,001 and up Multi - Family per building New Commercial and industrial W.S.B.C.C. SURCHARGE A flat fee of $4.50 will be collected on each permit for approved plans or any other permit that is issued in accordance with the Uniform Building Code. EXCEPT: For multi - family projects the fee is $4.50 for the first living unit and $2.00 for each additional unit. This fee is to be forwarded to the Washington State Building Code Council on a quarterly basis by the Finance Department. DEMOLITION PERMIT Single Family Residence $ 35.00 * Commercial buildings $125.00 * + $20. for garage or out buildings + $10. for each septic or underground flammable tanks. See Fire Department fee schedule for removal of flammable liquids tank (s). MISCELLANEOUS FEES For City personnel 1 • A) Hourly rate for miscellaneous inspections $47.00 per hour Hourly rate for miscellaneous plans check $47.00 per hour Hourly rate for permit specialist $42.00 per hour Hourly rate for planners $47.00 per hour Overtime charges for: 1) Plans checker 1 1/2 times their 2) .inspector regular rate 3) Permit Specialist 4) Planners C Hourly fees for contracted services will be according to the contract rate. •D) Hourly rate for special called inspections. $47.00 2. Preapplication - building division. — As called for by the Applicant Fce Res. 03 -021 revised 4 -21-03 1200 hours 5 $ 35.00 $ 45.00 $ 60.00 $ 90.00 Fees for preapplication review and evaluation. Group 1: Small, simple and easy to administer applications including residential mechanical, registered plans, extensions, basics and basic accessories and residential revisions: $ 65.00 Group 2: Applications more complex than group 1, including already built construction, fire service permits, accessories to residence, sign, shell modifications, commercial mechanical, additions, mobile homes, and other applications not included in groups 1 and 3: • . $ 90.00 Group 3: Applications more complex than groups 1 and 3, including new residences, small non building permits, com- mercial tenant improvements an.d revisions, permits issued "subject to field inspection" and agricultural buildings: $120.00 Group 4: Applications more complex and difficult than the other groups, including small and large new commercial buildings,' multifamily buildings, large non building structures or other permits with complex processing such as commercial site plans: $165.00 plus a per hour rate over six hours 3. Mobile home location pennit and inspection 1. Temporary mobile home $ 70.00 2. Manufactured home inspection per section $ 50.00 plus basement fee. 4. House Moving A) Class I and II Moving Permit $ 60.00 Inspection fee $ 60 * * Plus $47.00 per hour after the first hour and $.50 per mile if the building to be moved into the City is outside -the City. B) Class III Moving permit $ 60.00 Class IV - If already permitted by the County or Spokane City $ -0- 6. Minimum Housing Inspection fee $ 55.00 * * Plus $47.00 per hour after the first hour. 7. Work on any housing or building without a permit A) See section 107.5.2 of the U. B. C. ( Which says "An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then issued or subsequently issued. T he minimum investigation fee shall be the same as the minimum fee set forth in table 1-A." This then doubles the building permit fee.) 1. An investigative inspection fee Fee Res. 03 -021 revised 4 -21 -03 1200 hours 6 $ 65.00 8. Special inspections (requested). A) Fire, wind, mud slide or flood damage B) Mini Day Care C) Nursing Homes, hospitals, et al * Plus S 47.00 per hour after the first hour D) Special Occupancies 9. Excess inspections created by contractor for a given project created by the developer of contractor.. Per Inspection S 47.00 Reinspections — residential / commercial S 47.00 10. Condominium conversion. plans review and inspection fee: This fee will be based on the value of the conversion and the U.B.C. valuations. 11 Temporary tents, canopies. and air supported structures A) .Plans check fee $ 13.00 B) :Basic permit fee $ 60.00 12. Enclosing of an existing deck or patio. A) Basic permit fee (The valuation of the project with the minimum valuation of $3,000. to be used ) 13) 20% of the basic fee for plans examination. 13. Swinuning pools (Over 5,000 gallons) Basic fee $ 50.00 Plus plumbing fees 14. Reroof 'Value of project GRADING A) The descriptions outlined in Table 33-A and Table 33 -13 of the U.13. C. Appendix Chaptcr 33 will be used for both permit and review fees. Permit Fees 50 Cubic Yards or less $ 20.00 51 to 100 Cu. Yd. $ 25.00 101 to 1,000 Cu. Yd For the first 100 Cu. Yd $ 27.00 Plus $10. for each additional 100 Cu. Yd. 1,001 to 10,000 Cu. Yd. For the first 1,001 Cu. Yds. $ 90.00 Plus $ 8.. for each additional 1,000 Cu. Yd. 10,001 to 100,000 Cu. Yd. For the first 10,000 Cu. Yds. S160.00 Plus $ 15. for each additional 10,000 Cu. Yds. 100,001 to 200,000 Cu. Yds. For the 1'` 100,000 C. Y. $368.00 Plus S 15. for each additional 100,000 Cu. Yds. 200,000 or more Cu. Yds. For the 1 200,000 yds. $503.00 Plus $7.00 for each additional 200,000 Cu. Yds. s -vFee Res. 03 -021 revised 4-21-1)3 1200 hours 7 S 60.00 S 60.00 S 60.00 * S 60.00 Plans Checking Fees 50 Cubic Yards or less No Fee 51 to 100 Cu. Yds. S 12.00 101 to 1,000 Cu. Yds. S 20.00 1,001 to 1.0,000 Cu. Yds. $ 25.00 10,001 to 100,000 Cu. Yds. For first 10,000 Cu. Yds. $ 25.00 Plus $ 7.00 for each additional 10,000 Cu. Yds. 100.001 to 200,000 Cu. Yds. $ 98.00 Plus $7.00 for each additional 100,000 Cu. Yds. 200.001 Cu. Yds or more $1.88.00 13) Land Clearing only - (without earth being moved) S120.00 s -vFcc Rcs. 03-021 revised 4-21-03 1200 hours 8 ****** * * * * * * * * * * * * ** * * * * * * *`1[**:Q' : ** *]:1('* * * * * * * * * * * ** * * * * * * * * ** * * *'R'*1 * ** FIRE. CODE FEES *;as * ** * *k **************************** k** *** ** is ** * * ** *** *t. * * * * *-t. * * * * * * ** 1. Fees for fire code permits will be in accordance with attachment B, if deemed to be required by the F i.re Marshal and / or the Building Official. 2. False Alarm fees In concurrence with the Uniform Fire Code amendment the following fees are set for repeated malfunctioning false alarms in a given six month period. alarm no charge 2 alarm $ 30.00 3rd alarm $ 70.00 4 alarm $ 120.00 5 alarm Require a hired fire watch 3. Fireworks Public Displays $100.00 Max. per RCW 70.77 This city Resolution also requires a performance bond or cash deposit of $500.00 for clean up purposes and a liability insurance policy of $1,000,000.00. 4. Plans check and review fees by the Bureau of Fire Prevention. (if conducted) A. Plans check and inspection fee for new commercial $ 40.00 projects not mentioned elsewhere. B. Fire Watch Service (three hours minimum) $140.00 Plus hourly thereafter C. Hourly fee for after hour inspections, plans review, consultations for projects that do not require a permit, and other special services. Time and a half of the hourly rate. D. Hourly rate S 47.00 5. Plans check and review fees, inspections, and permit for installation of separate fire alarm system or sprinkler system applications, and other fire protection systems. A. Commercial — Fire alarm systems 1. Permit, plans check and Inspection Based on value B. Fire alarm systems - residential 1. All zones 2. Pennit Fee s -vFoc Rcs. 03 -021 revisal 3 -21 -03 1201) hours 9 $ 40.00 S 35.00 C. Sprinkler systems Tenant Improvements -less than 10 heads -11 or more heads New systems 1. Commercial a. Plans check, inspection, & permit 2. Residential - each riser plus each plug or head 3. Special water main extension or replacement D. Fire extinguishing system: (other than sprinklers) 1. Fire extinguishing system plus each nozzle Standpipe installation: Class I and Class IT Class III s -vFee Res. 03 -021 revised 4 -21-03 1200 hours 10 $ 65.00 $ 85.00 Based on value $ 60.00 $ 1.10 $ 70.00 $ 50.00 $ 15.00 $ 58.00 $ 65.00 F. Fire Pump Installation: $ 55.00 G. Power generators installation: 8 55.00 H. Flammable and combustible liquids storage tanks installation: 1. Underground, 1st tank $ 55.00 plus each additional tank on same site $ 35.50 2. Above ground tank $ 55.00 plus each additional tank on the same site 8 35.00 3. Annual permit fee for storage 8 30.00 I. Hazardous materials storage tanks installation: 1 Less than 500 gallons - each $ 75.00 2. 500 - 1,199 gallons each $104.00 3. 1,200 gallons or more $147.00 J. Liquefied petroleum tanks: installation 1. Less than 500 gallons 8 84.00 2. 500 - 9,999 gallons $104.00 3. 10,000 gallons or more $147.00 K. Gaseous oxygen systems installation: 1. Less than 6,000 cubic feet S 78.00 2. 6,000 - 11,999 cubic feet 8 90.00 3. 12,000 cubic feet or more 8118.00 L. Nitrous systems installation: $ 95.00 1. plus each outlet 12.00 M. Medical gas systems installation: 1. Gaseous system $ 90.00 plus each outlet $ 12.00 2. Liquefied system $ 95.00 plus each outlet $ 12.00 N. Hazardous material. recycling system installation: 1. 110 gallons or less per day capacity $ 95.00 2. More than 110 gallons per day capacity $117.00 O. Vapor recovery system installation: (per tank) 1. Phase T - tank truck and tank $ 90.00 2. Phase I1- vehicle fueled and tank $115.00 P. Cryogenic tank installation: (1st tank) Each additional tank *on same site Removal or abandonment, or any combination thereof, of flammable or combustible liquid storage tanks: 1. First tank (commercial) $ 84.00 2. Each additional tank on the same site (commercial) $ 47.50 3. Contractors permit for removal or abandonment of residential under - ground fuel tanks $ 75.00 R. Annual permit fees for explosive materials $ 95.00 Explosive use — each incident -. _ - $ .35.00 - Annual permit fee for High Piled Stock $ 35.00 S. Fire Department fee for inspections and follow up. For initial inspection, plans check and follow up inspections as called for in the Fire Code the fire department will be paid 65% of the fee collected for the permit. This payment will be paid quarterly. Annual fire department fees for permits to maintain, store, use or handle materials or conduct a process which produce conditions hazardous to life and property are listed in attachment A of the Building Department Operating Policy number 23 and listed in the Uniform Fire Code. The categories listed may or may not require a permit depending on the determination of the Building Official or the Fire Marshal. Fce Res. 03.021 revised 4 -21-03 1200 hours $ 95.00 $ 35.00 ***************************************** * * * * ** * * * ** * * * * * * ** * * * * * * * *** ** PUBLIC WORKS ***************************************** ** * ** * * * * * * * * * * * * * * * * * * * * ** * * ** 1. Hourly rate $ 50.00 2. Public bight of Way. a. Obstruction Permit $ 10.00 plus inspection fee b. Utility right of way $10.00 plus inspection fee c. Approach permit $25.00 plus inspection fee d. Construction permit in City right of way $200.00 plus lineal foot charge Cash, certified check or bond for right of way cleaning $1,000.00 3. Traffic Impact fees Not available 4. Storm Water system review fees • $250.00 Plus $50.00 per hour for engineering and field Inspection based on actual time. 5. Water and sewer fees Will require a certificate of availability for water and sewer From water and sewer purveyors. May require a city street use Permit. 6. Flood Plains Permit $30.00 7. SPECIAL NSPECTIONS: A.. Field monitoring or inspections of grading non residential sites. a. Commercial, multifamily, and multi lot sites — Four hour minimum $200.00 plus hourly b. Industrial or mineral industrial sites $225.00 plus hourly B. Conditional Use permits $200.00 Plus inspection_ fee C. Variances Hourly rate O. Shoreline permits $250.00 plus hourly Fee Rcs, 03 -021 revised 4 -21 -03 1200 hours 12 7. Site engineering review — for road design, drainage, erosion, sedimentation control, right of way improvements, etc. A. Commercial construction 13. R.esidential construction C. Fce Res. 03 -021 revised 4 -21 -03 1200 hours $250.00 plus hourly Rate after 5 hours. $150.00 plus hourly Rate after 3 hours Subdivisions, short divisions and planned unit Developments, right of way use and grading and clearing Permits ( including alteration or vacation of final short Plats and plats). Hourly rate 13 COM117UNITY DEVELOPVLENT CATEGORY Subdivisions • Tentative plat $ 250.00 * Preliminary plat $2,000.00 + $25. per lot * Final plat $1,000.00 ± $10. per lot * Short plat 2 -4 lots $ 500.00 * Short plat 5 -9 lots Tentative plat $ 250.00 Preliminary plat $1,000.00 + $25. per lot Final plat $ 800.00 + $10. per lot Short plat appeal $ 200.00 * Plat modification rn.inor 1/4 of plat fee major '/2 of plat fee * Certificate of exemption $ 95.00 * Zero lot line $ 100.00 + $10./lot 2. SEPA checklist * For a single dwelling . $ 100.00 * For all other developments $ 300.00 * SEPA modification $ 100.00 * Exempt determination $ 100.00 * Appeal of SEPA determination $ 100.00 3. Shoreline * Substantial Development Permit $1,000.00 * Conditional use $1,200.00 * Variance (The above three permit applications may be consolidated. If multiple permit applications are made, the applicant will be charged the full fee for the application with the highest fee and 50% of the established fee for each of the other applications) • Appeal — local 1,200.00 4. Administrative interpretation Fee Res. 03-021 revised 4 -21 -03 1200 hours 14 * Appeal of decision $ 250.00 5. Annexation review and handling $ 1,700.00 Final binding site plan $ 1,300,00 6. Appeals of hearing examiner findings $ 300.00 7. Binding site plan $ 500.00 8. .Binding site plan modification $ 350.00 9. Combining districts S1,500.00 10. Comprehensive Plan Amendment $1,500.00 11. Comprehensive plan text amendment $1,500.00 12. Conditional Use permit $1,200.00 13. Lot line adjustment $ 300.00 14. Lot line elimination $ 100.00 15. Plan Unit development PUD tentative plan $ 250.00 PUD plan $1,500.00 +$25. per lot PUD plan modification Minor $ 250.00 Major $ 750.00 16. Pre application conference S 61.00 17. Signs Review of permanent sign Review of temporary sign 18. Home occupation permit 19. Temporary use • O to 30 days 31 to 90 days 20. Variances Administrative Single family residence Fec Res. 03 -021 revised 4 -21 -03 1200 hours 15 S 150.00 $ 75.00 $ 300.00 $ 100.00 S 250.00 $ 300.00 S 300.00 Signs and all others $ 750.00 21. Zoning reap amendments (rezone) $1,500.00 22 Zoning and Subdivision code text change $ 500.00 1. Site plan review General layout Landscaping Off street parking 2. Environmental impact Statement To be contracted out. Staff review of consultant's work Fce Res. 03 -021 revised 4..21 -03 1200 h urs NON APPLICATION FEES 16 $ 250.00 Cost to be born by the applicant $2,000.00 AD14 EN1STRATTON 1. Copy fees a. Copies of audio tapes, video tapes photos, maps, or other records needing reproduction_ b. Copies of written records OU.1 5 per page c. Copies of irinual..budget 10.00 e. Copies of full clocumerrl: inay be purchased from }(inky °s 2. Other fees a. NSF check 25.00 b. Use of Public Property; permit for 3. Franchise fees (TF any) a. 'Natural Gas h. Telephone Q. Cable company d. Disposal company 4, .linpact fees (If any) a. Sewer late confer fees b. heads c. Schools ******************************** ***** ** ** **k****** * * *kA *LI:A *** :** *ale ****** Pee Re;_ Q -021 rcviscd 4 -21 -03 ]2UU hoofs 17 At cost ************************ k* k* k*****' Y.****** * * * * * * * ** ** * * * ** * *k *k *k * * **k * ** PARKS AND RECREATION 0. Basic Administrative Fees to be considered when applying rates Administrative Fee Refuse Fee 1. Picnic Shelter (< 200 people) $ 30.00 Picnic shelter ( 200 plus people) * $ 150.00 Refundable deposit ( <200) $ 50.00 R.efundable deposit (200 +) $ 250.00 2. Events $150.00 ** Non - Profit applications will be considered by the Spokane Valley Parks Department. ** Applications for joint sponsorship with the City of Spokane Valley will be considered by the Spokane Valley Parks Department. 3. Mirabeau 4. Field Use 5. Aquatics Small shelter and waterfall Mirabeau Meadows Shelter (<200 people) Mirabeau Meadows Shelter (200+ People) Refundable deposit ( <200 people) Refundable deposit (200+ people) youth — no lights youth — Lights adults — no lights adults — lights League use Pool Admission (age 6 +) Pool Admission (age 5 and under) Pool punch pass (25 swims) Weekend family discount Reservation (< 50) Food Fee Reservation (50 to 100) Food Fee Reservation (101 to 150) Food Fee Fee R. 03-021 revises! 4 -21-03 1200 Mows 18 (one child under 13 $100. $125. $150. $ 30.00 50.00 $150. (4 hours) $ 80.00 $1 $ 50.00 $250.00 $ 1.00 Free $20.00 free with paying adult) 00 per hour (min 2 hrs) $25.00 00 per hour (Min 2 hrs) $50.00 00 per hour (Min 2 hrs) $75.00 6. Photography Family still and video Non family and non commercial still and video Commercial still (except weddings and graduations) Short commercial video Motion picture and film 7. Indoor use 8. Recreation classes 9.. Trips ** Open gym admission Indoor playground Program admission Admission to open carnivals / events Admission to dances Room rentals Gym rentals — practice, games Gym rentals — events, dances Rental of Western Dance Hall Seniors, teens, etc different each trip * Includes administrative fee ( $30.), refuse fee (S50.), additional staff preparation and /or additional tables Subject to revisitation as we acquire more data on the use of our facilities. Fee Res. 03-021 revised 4 -2I.03 1200 hours 19 ** ** ** $ 2.00 $ 20.00 $ 0.00 ** $10./hour, min.3 hours ** $15./hour, min 2 hours * *$100.00 per hr. Now Handled by WDH different each Session Return to: Page 1 of 8 Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORM WATER MANAGEMENT SERVICES THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as "COUNTY," and City of Spokane Valley, a municipal corporation of the. State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue Suite 106 Spokane Valley, Washington, 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." WITNESSETH: wVIT 11.E AS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County ("BOARD ") has the care of county property and management of funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight March 31, 2003, as its official date of incorporation and upon that date commenced operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, the City desires to provide quality Stormwater management services for its residents and does not at this time have the organization and personnel to provide the planning, inventory and record keeping for full Stormwater management; and WHEREAS, it is in the public interest that Spokane County and the City of Spokane Valley cooperate to provide effective and cost efficient Stormwater management services. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the provisions under which COUNTY will provide Stormwater management services ( "Services ") through the Stormwater Utility to CITY. Services are more particularly outlined in Section No. 4. It is the intent of the PARTIES that Services to be provided by COUNTY will be consistent with CITY'S CourtciVManager form of government provided for in chapter 35A.13 RCW. SECTION N O. 2: DURATION This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one of the PARTIES provides notice of termination as further described in Sections No. 3 of this Agreement. SI; will ON NO. 3: I'ERMINATION Either Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other Party. Any Party may terminate this Agreement upon a breach by the other Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. All agreed upon costs due either or both PARTIES will be paid within 60 days of the effective date of termination of this Agreement. SECTION NO. 4: SERVICES PROVIDED If (I) COUNTY staff resources are available o employees of the County Stormwater Utility will provide stormwater management Services within CITY, when requested in writing by CITY, at the hourly rates shown in Exhibit 1, plus costs of expenses and materials. The services that may be requested by CITY include, but are not limited to: 4.1 Recording, maintaining, and providing CITY with updated maps of known stormwater problem areas within CITY or adjacent to CITY. 4.2 Preparing and maintaining stormwater facility inventory, providing maps to CITY and registering drywells with WA Department of Ecology to satisfy Underground Injection Control (UIC) Program Requirements. 4.3 Providing development review support in sensitive stormwaterlhigh groundwater Page 2 of 8 Deleted: and i f('_) CITY has ndopted npprcptrinte stmtrwnter related codes consistent with Cowsty stonrnwatI codes as dear ad necessnry by C©WTY, the areas prior to pertnittine by CITY, . Deleted: and r drnini&erirammwnter oxttrol cvdinnme Hig Rist: Areas within CITY 4.4 Maintaining the stormwater billing files using COUNTY and CITY provided data so that the County Treasurer can continue to correctly bill properties within CITY (excluding CITY streets and state highways) and add new accounts as they accrue. 4.5 Assisting CITY staff in maintaining residential swales inventory, administering Swale establishment/testing procedures and working with residential property owners on swalc repair /restoration. 4.6 Preparing South Shelley Lake Stormwater Management Plan in coordination with CITY. In addition, if the COUNTY receives a Centennial Clean Water Grant for a risk assessment related to underground injection control, the CITY may want to participate in the assessment and provide a portion of the local grant matching funds. The COUNTY is not obligated to perform any of these services beyond the fee limits shown in Exhibit 2, except as provided in Section No. 6. SECTION NO. 5: CITY- COUNTY COORDINATION In performing the. requested Services, COUNTY staff, Is apptini is _bn sc..nci c. ntxactor -- oetetea: shall consider that they arc and all decisions on project design and costs shall be coordinated with the CITY Public Works ; aew'g es CITY staff Director or his/her designee. Monthly coordinating meetings may be held in COUNTY offices throughout the term of each year's projects if needed and if COUNTY staff resources are available. Both PARTIES will identify specific liaisons for Services to address day -to -day operational activities related to Services. CITY agrees that Stormwater service charges for 2003 shall be prorated as provided in Spokane County Code Section 9.70.065. A copy of such section is set forth in Exhibit 3. CITY will receive Stormwater fees for service from owners of developed properties within boundaries of CITY for the final nine months of 2003. SECTION NO. 6: COMPENSATION CITY shall compensate COUNTY for all Services provided under this Agreement on the basis of the hourly labor rates in Exhibit 1 plus the actual cost of materials and related expenses, such as plotting costs for maps. CITY will reimburse COUNTY for Services provided based on separate monthly invoices for all Tabor and expenses for each Service for which work has been performed. The PARTIES recognize that the hourly rates for COUNTY Stair, as set forth in Exhibit 1, may change during the term of this Agreement based on salary increases, COL.A's or collective bargaining negotiations. CITY will be billed all actual costs for such staff based on their hourly rates in effect at the time that the Services are performed or provided. This hourly rats includes all benefits plus an overhead component. COUNTY will advise CITY in advance of any increase in the hourly rate of any Stormwater Utility Staff. COUNTY will bill CITY for the cost of Services during the first week of the month for Services provided during the preceding month. Payments by CITY will be due by the 5th of the following Page 3 of 8 month. At the sole option of COUNTY a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's investment Pool. Ln the event of a dispute in any billing, CITY shall pay all undisputed portions of the billing. The PARTIES agree to meet in a good faith attempt to resolve any billing disputes. Any overpavnient by the City shall be refunded with interest based son the interest raid by the County Treasurer's Investment Pool. The limits of compensation from the CITY to the COUNTY for each service are specified in Exhibit 2. if both PARTIES agree, then the limits established for each service can be extended as lone as the total limit of compensation is not exceeded. if such a shifting of limits for individual services is agreed upon, the CiTY shall notify the COUNTY in writing. The total compensation to the COUNTY for the year 2003 shall not exceed the limit indicated on Exhibit 2 without an amendment to this Agreement. Upon mutual agreement the CITY and COUNTY may amend this Agreement to establish compensation limits for 2004. SECTION NO. 7: LIABILITY 7.1 COUNTY shall indemnify and hold harmless CiTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CiTY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the sane. 7.2 CiTY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, Toss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COiJNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CiTY shall satisfy the same. Page 4 of 8 7.3 The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary t.o provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. 7.4 COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverage of not Tess than S5,000,000 per occurrence with $5,000,000 aggregate limits included for COUNTY Engineer professional liability and auto liability coverage. SECTION NO. 8: DISCRiMINATION COUNTY and CITY certify that they are Equal Opportunity Employers. COUNTY has developed and implemented affirmative action programs in accordance with the guidelines in Revised Order 4 of the United States Department of Labor. CITY will develop and implement affirmative action programs that meet the applicable federal standards. SECTION NO. 9: AUDITS AND INSPECTIONS The records and documents with respect to all natters covered by this Agreement shall be subject to inspection, review, or audit by COUNTY or CITY during the term of this Agreement and three (3) years after termination. SECTION NO. 10: AMENDMENTS The Agreement may be amended at any time by mutual, written Agreement of the signatories of this Agreement. SECTION NO. 11: CONTRACT ADMJi\ISTRATION The PARTIES shall each appoint representatives to review contract performance and resolve problems that cannot be dealt with by COUNTY and CiTY liaisons. Each Party shall notify the other in writing of its designated representatives. The representatives from COIJNTY will include the Utilities Division and the. Office of Administrative Services. COUNTY and CITY liaisons will meet periodically with either Party authorized to call additional meetings with ten days written notice to the other. Any problem that cannot be resolved by the PARTIES' designated representatives shall be referred to the City Manager and the Spokane County Utilities Division Director for settlement. SECTION NO. 12: NON-WAIVER Waiver of any default or breach of this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of the signatories hereto. SECTION NO. 13: SUBCONTRACT COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains the appropriate supervision and inspection of the contractor's work. Page 5 of 8 SECTION NO. 14: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant, or representative of COUNTY shall be deemed to be an employee, agent, servant, or representative of CITY for any purpose. Likewise, no agent, employee, servant, or representative of CITY shall be deemed to be an employee, agent, servant, or representative of COUNTY for any purpose. Control of personnel standards of performance, discipline and all other aspects of performance, including that of the staff, shall be governed entirely by COUNTY. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY in providing Services under the leans of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the PARTIES. SECTION NC). 16: GENERAL TERMS This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. Both PARTIES agree to aid and assist the other Party in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors, and assigns. SECTION NO. 17: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and perforrnance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, \Vashington. SECTION NO. 18: SEVERAKIT,.ITY It is understood and agreed among the PARTIES that if any parts, terms, or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be. affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the .Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the Stale of Washington, then the part, te.nn or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as Page 6of8 it may be. in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 9: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 20: RECORDS All records prepared or produced by COUNTY in conjunction with providing services to Clri under the temps of this .Agcement shall be the property of COUNTY. Such records shall be made available to CITY upon request by the City Manager subject to privileges set forth in statue, court. rule or case law. COUNTY will notify CITY of any public records request under chapter 42.17 R.CW for copies or viewing of such records as well as COUNTY'S response thereto. Upon termination of this Ageement, COUNTY agrees to make copies of all such records that may be requested by CITY. CITY shall reimburse COUNTY for all actual costs incurred by COUNTY in responding to public record records requests as well as providing copies of any records to CITY under the terms of this Agreement or Section. Costs shall include costs of staff time as well as materials. Payments will be due as provided for in Section No. 6 herein above. SECTION NO. 21: ALL \WRI`T`INGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. SECTION NO. 22: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (2) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to PARTIES at the address set forth above or at such other address as the PARTIES shall from ante-to-time designate by notice. in writing to the other PARTIES. Page 7 of 8 T.N WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COAM11SS1ONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD I3Y: Daniela Erickson, Deputy Approved as to forth only: Acting City Attorney Page 8of8 JOHN ROSKELLEY P}-IILLI.P D. HARRIS, Chair M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY: Attest: By: Its: City Clerk (Title) Classification I Hourly Salary Hourly Benefits Multiplier Hourly Rate Administrative Specialist 2 1 15.92 6.45 1.93 43.17 GIS Technician 1 17.86 7.23 2.23 55.95 Land Development Coordinator 1 18.77 7.60 2.23 58.80 Engineering Tech 2 20.43 8.27 2.23 64.00 GIS Specialist 25.08 10.16 2.23 78.58 Engineer 1 -2 27.29 11.05 2.23 85.50 Stormwater Manager 32.83 13.30 1.93 89.03 Engineer 3 32.59 13.20 1.93 88.37 Exhibit 1 TO AN FNTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STO12MWATER MANAGEMENT SERVICES Hourly Rates for County Stormwater Utility Staff SERVICE PROVIDED COMPENSATION LIMITS Problem Maps/Complaints Database $6,000 inventory, Maps, Drywell Registration S39,000 Development Review /High Risk Area Administration S20,000 Maintenance Records 510,000 Billing File Maintenance 520,000 Residential Swales Inventory/Enforcement $20,000 South Shelley Lake Plan $12,500 Centennial Clean Water Grant Share, Underground Injection Control Project. $ 5,000 TOTAL $132,500 Exhibit 2 TO AN INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES Limits of Compensation B , Service Exhibit 3 TO AN INTERLOCAL AGREEMENT T BETWEEN SPOKANE COUNTY AND THE CI'T'Y OF SPOKANE VALLEY FOR PROVISION OF STORMWATER. MANAGEMENT SERVICES Excerpt from Spokane County Code. 9.70.065 Annexations and Incorporations. (a) Whenever a city or town annexes an area, or a city or town incorporates an area and the county has issued revenue bonds or general obligation bonds to finance stormwater control facilities that are payable in whole or in part from rates or charges imposed in the area, the county shall continue imposing all portions of the rates or charges that are allocated to payment of the debt service on bonds in that area after the effective date of the annexation or official date of the incorporation until: (1) the debt is retired; (2) any debt that is issued to refinance the underlying debt is retired; or (3) the city or town reimburses the county an amount that is sufficient to retire that portion of the debt borne by the annexed or incorporated area. (b) If the county provides stormwater management services to the city or town by contract, the contract shall consider the value of payments made by property owners to the county for the payment of debt service.. This subsection applies whether or not the bonds finance facilities that are geographically located within the area that is annexed or incorporated. The county shall construct all facilities included in the stormwater plan financed by the proceeds of the bonds. The stormwater plan may be modified and facilities authorized in the storrnwater plan may be added, deleted or modified either before or after annexation or incorporation of part of the service area when the Board of County Commissioners determines, after notification of cities within the affected basins, that the changes are necessary or advisable in order to implement the stormwater plan within available funding levels. If bond proceeds are insufficient to complete all facilities authorized in the. stormwater plan, the Board of County Commissioners shall, after notification of cities within the affected basins, prioritize the use of bond proceeds to construct those facilities most necessary and in the best. interest of the area served by the stormwater plan. If the stormwater plan is amended for the reasons in this section, any related agreements with other jurisdictions shall be revised as necessary. (c) The debt service portion of the service charge will not be prorated but will continue to be charged as specified in subsection (a) above. However, adjustments to the remainder of the annual service charge may be made when property is incorporated or annexed by another jurisdiction. 'lire remainder of the service charge for the billing year during which incorporation or annexation occurs may: (1) be subject to a proration formula included in an interlocal agreement between the county and the incorporating or annexing jurisdiction; or (2) if the incorporation or annexation interlocal agreement does not address the stormwater service charge, consist of a stormwater management charge of one - quarter of the annual service charge for each quarter of the billing year during which the property was in unincorporated Spokane County for one or more days. For purposes of determining this modified service charge, the billing quarters will be for January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31. ,-- v City of Spokane Valley Implement Zoning for Comprehensive Plan Amendments County Comprehensive Plan Amendments - D County Adopted Comp Plan Amendments - March Z5, 2003 ❑ City Adopted Comp Plan and Zoning - March 27, 2003 D County did not Implement Zoning for Adopted Amendments D Proposing Zoning Map Changes to Implement Comp Plan Amendments Proposed Zoning Map Changes Location ❑ 19223 E. Appleway ❑ Bolivar & Sprague ❑ 12904 E. Main ❑ Appleway & Park ❑ 8804 E. 2 nd (Appleway) ❑ 6910 E. 1st (Appleway) ❑ Appleway & Sergeant Comp Plan /Zoning D R.C. - B -3 ❑ R.C. - B -3 ❑ MDR - UR -12 ❑ N.C. /R.C. - B -1 & B -3 ❑ R.C. - B -3 ❑ R.C. - B -3 Q R.C. - B -3 19223 E. Appleway Location: North side of Appleway at 19223 E. Appleway. Recommendation: Change Zoning Map to B -3, to implement the Regional Commercial Comp Plan designation. 317 24 5f3720SD 331111{22 331220521 413 sfsn,t4of Q � Bt MD 042( 311721520 SA' 31 070 313 332731ri1 731" • 1.112' Y /• row if � 70 i 31731A 13IISR} t 71502 � O 3RP° }i sn73 :37t 01� !] f�17i it .8 ••) ) 11v 2 • }.. 2 if 1731 }2 . s 1 1111 1 � 1 . 123 J 7 1 , y } 1 _.• ` 11170311 !i 7 it, ,• Cl 23 3 � 2731. 7 : 22 • 1 , 7312 l't p 47 JS :ti / 3 �a21: 117311 1 1 31 232 .14 ill II 19223 E. Appleway Location: North side of Appleway at 19223 E. Appleway. Recommendation: Change Zoning Map to B -3, to implement the Regional Commercial Comp Plan designation. /MUM 51439!7 451435145 453439265 43132915D +57329151 143.78 4 43.Z 143 4143915 "3791 4.143.8 43927 413325163 452419170 514 5143. 32 4 143 191 Sill 4 3793 3 5237_sl 411375752 5731911 Bolivar and Sprague Avenue Location: 10 North Bolivar (on the corner of Sprague Avenue). Recommendation: Change Zoning Map to B -3, to implement the Regional Commercial Comp Plan designation. 45153.203 1 5 3.39 '3 3-- 41 13.3. 45153412. 45153.3935 4 153.41 4• y 4 1 4.153,4 153.4; 5153.1 5153.3 37 5153,150 5153080 5153.020 6 5153.0)0 5133.479 14 , 3153.4113 3153.4003 45153.4W 45222111 » 2.1113 432120114 5154.151 5154:!11 220129 45133,51 5154.11 5154 431541 45154 4515 431 4512 4515 45221.9130 12904 East Main Location: South side of Main, west of McDonald Road. Recommendation: Change Zoning Map to UR -12, the implement the Medium Density Residential Comp Plan designation. Appleway and Park Location: East of Park Road on north and south side of Appleway Recommendation: Change Zoning Map to B -3 north of Appleway and B -1 south of Appleway to implement Regional Commercial and Neighborhood Commercial Comprehensive Plan designations. 8804 East 2 ^d (Appleway) Location: South side of Appleway, east of Sargeant Recommendation: Change Zoning Map to B -3 to implement Regional Commercial Comp Plan designation. "•-•-• . I • • N YA• ` >. 1 S fy1i. . I3. ItI • 1 4 I •j ;:l qLl 1 14311. •SW K -0� IG \ 1U 10. 13./ � •1141111 • � Si ' .111 \IU •31133111 11 .31V \. 1141 t.fln • •1143131 •313..Vn •3. \IU 1191 •SN 901a 2 a 1 • 1. •)1/1 31.16•[1 '5111 343 i n it ; 1 1 OI11 I n19'• •1 ..„..A •1C •11110100 •713.1 III 1. " • /0 ...s..1.. I 1131 3.E.,; •1 191 D1M •113I 0.1d ; • ) ' 1 Y u K ..... A q .• .., •)1\1.113 r • • \II 11\01 11.10 ..b r ... nl1F ••1111 ��'3• •iflll:Ito „_y. *,-]L%WILIO8,31 C.> • 113 12:, • ./ 1 1 1 >M 11 331 11 I •- •113) 303 .11 \I 1IU 01 On 31 • •3138 tn. •/1• 131 .3333 1= •3311313. .3111 3 •1.,. 3 . . _.._ . _ .... _3 8804 East 2 ^d (Appleway) Location: South side of Appleway, east of Sargeant Recommendation: Change Zoning Map to B -3 to implement Regional Commercial Comp Plan designation. 6910 East 1st (Appleway) Location: South side of Appleway, east of Bradley. Recommendation: Change Zoning Map to B -3 to implement Regional Commercial Comprehensive Plan designation. Lee Walton Lee; Michael C. Ormsby Preston1Gates1Ellis LLP Phone {509) 624 -2100 Fax {509) 456 -0146 e -mail mormsby @prestongates.com 1 From: Ormsby, Mike (SPO) [mormsby @prestongates.com) Sent: Friday, April 25, 2003 10:02 AM To: Lee Walton Cc: 'sms@wkdtlaw.com' wkdtlaw.com' Subject: Update on Bond Issuance and Related Issues (Confidential Communication) I would be happy to update the City Council on both the financing and related documents at their May 6 meeting {what time should I plan on being present ?) n �?On Also, I am assuming that the City wants to be in a position to reimburse itself for costs that it may incur in conjunction with both the Project and any professional fees associated with the Project. To give the City Council this opportunity, since Bond may not be issued for another 60 days or so, we should have the Council adopt what we call. a Rcimbu:Leeme.i t Fe. 1- 1.tz:;:c� �;JJ I will prepare one and forward to you and Stan early next week, with.the thought t�7a i 1night be appropriate for it to be on the Council meeting agenda ran `Shat, �a There is another Policy Leaders session today at 2:00 (I am assuming that you have been getting the material that has been circulated in advance of this session). I believe that both Gary and Steve will be there. I will report back to you after the meeting as well. If you have any questions, or need any additional information, please feel free to give me a call or drop me an e- mail. You can reach me on my direct dial which is 624 -7507 or call me at home this weekend, which is 927 -8025. Thank you for this opportunity to work with you and the City of Spokane Valley. Hope that you have a great weekend. JV I iel 5 ,It tr TO: Mayor, City Adminisu:itor and Members of the City Council of the City of Spokane Valley FROM: Dianne Q►> Spokane Housing Authority Introduction DATE: January 24, 2003 SUBJECT: Issues Involved in declaring the need for Spokane Housing Authority to operate within the boundaries of the City of Spokane Valley The City of Spokane (the "City ") through the City Council (the "Council ") formed the City of Spokane Housing Authority (the "Authority") in 1969. The Mayor, subject to Council confirmation, appointed the live members of the Commission, who are charged with the responsibility of directing the affairs of the Authority. The name of the Authority was subsequently changed to the "Spokane Housing Authority'. In October 2002, the City and County agreed to a Joint. City and County Housing Authority retaining the name Spokane Housing Authority. The County Council now appoints two members of the Comtniscion, the city appoints two members, and there is joint agrceanent on the Resident Conmtnissioner of both the City and County Spokane (lousing Authority now administers and owns 670 units of low-income affordable housing. Of these wets Valley 206, a 207 multi - family complex and 7 public housing scattered site units are within Spokane Valley. Spokane Housing Authority also administers the Tenant Based Rental Assistance Program for five counties, Spokane, Whitman, Pend Oriel.le, Lincoln and Stevens. SITA is currently serving 4200 households under this program. Within Spokane Valley 328 households are currently receiving rental assistance. The Authority is proposing that the City of Spokane Valley declare a need for Spokane Housing Authority to fully function within the boundwies of the City. SHA is requesting that a resolution include future facilitation by the Authority in the development of affordable housing in the. City of Spokane VaIley as well as administering the Tenant Based Rent,►l Assistance Program within. your city limits, Discussion 1) 1s there legal authority for the formation of a joint city /county housing authority? Yes, there is. RCW 35.52.300 provides that the legislative authorities of each entity can, by ordirtance, form a joint housing authority. In this instance, the City and County have already formed one and if the City of Spokane Valley agreed that it should be included in this joint authority, they could so find by a resolution. 2) Can either the City incur any debt for the operation of the Authority? The joint authority is a quasi- municipal corporation governed by an independent board appointed by the City and County. Even though the City and County have responsibility to appoint the members of the Board, such appointment authority does not make the municipal entity responsible for any debts of the Authority. The Authority would be responsible for its own operating costs and bonded indebtedness. The existing Authority maintains its own policies of insurance through I -HARRP and as a member of that organization is also a member of the risk management pool run by HARRP, which is probably one of the most aggressive in the State. The City may be asked to provide a separate guarantee of the Authority's bonded indebtedness or on an individual development in order to lower the interest rate charged, which would reduce debt: service payments made by the Authority and in effect reduce rental rates. The Council would have the ability to vote "no" to such a guarantee. The City could not incur any responsibility for the Authority's debt absent specific action on their part., 3) What programs does the Authority presently manage with the City of Spokane Valley? The Authority currently administers 328 tenant -based vouchers under several different programs that serve residents living in Spokane Valley. These programs include: Section 8/Housing Choice Voucher Program, Welfare to Work, HOPWA, and Family Unification and Section 5 Mainstream Vouchers for families with disabilities. The Authority owns and manages 7 units of public housing single -. .family units. The Authority owns a family community of 207 units in the Valley that houses families of mixed incomes. This property is bond financed and is self - sustaining in its debt service, operational costs, and reserve accounts. A new home ownership program is also underway that will provide a lease- to-own option for up to 60 low income families to become home owners of new constniction, single family homes, The Authority will pursue additional purchase and ownership of properties to provide for low - income housing needs as identified in the County's Comprehensive Plan. SHA is interested in pursuing additional properties for purchase and rehab, as well as new development. The Authority will be pursuing partnerships with non - profits and for- profits to best address the affordable housing needs of the community. It is recognized that Authority -owned property is non - taxable, A RESOL'IT(JTI.ON declaring the need for the Spokane Housing Authority to operate within the boundaries of the City of Spokane Valley, WHEREAS, TR.CW 35.82.070(13) provides that a housing authority may exercise its powers within the boundaries of any city not included in its area of operation if the governing or legislative body of that city adopts a resolution declaring that there is a need for the housing authority to exercise its powers within the city; and WHEREAS, the City Council of the City of Spokane Valley (the "City ") has determined that there is a need for a housing authority to exercise its powers within the City WHEREAS, the Spokane Housing Authority (the "Authority ") has indicated that it is willing to exercise its powers within the City now, therefore, 131E IT RESOLVED by the City Council of the City of Spokane Valley: Section 1. Declaration of Need; Authorization. The City Council of the City declares that there is a need for the Authority to exercise its powers within the City. Section 2. Effective Date. This resolution shall be in full force and effect from and after its adoption and approval. PASSED by the CITY COUNCIL and APPROVED by the MAYOR at its regular meeting on this _ day of , 2003 APPROVED AS TO FORM: CITY ATTORNEY RESOLUTION NO. MAYOR ATTEST: CITY CLERK MEMO Date: April 29, 2003 To: From: Scott Kuhta, Long Range Planner Jim Harris, Community Development Director �r Cc: Greg McCormick, Long Range Planning Manager RE: Work Program Attached is the Draft Long Range Work Program for your review. If you would like any changes, please let me Also, we need to present this to the City Council at a work session for their review and prioritization. Please let us know if you need any assistance in getting this scheduled. L Task A ril May June July Aug Sept • Oct Nov Dec 1. _} 2003 OFM Population Forecast (completed) ( i I I E .I Planning Commission Orientation - ?' Planning Short Course (completed) ; I � 1 { 1 1 f 3 _ 4. Implementing Zone Map Changes - Comp Plan Amendments I j Community Development p ment Block Grant — I M 1111 8 1 �� 11111 i ! j I ; 5. Public Participation Guidelines 6. Code Enforcement Ordinance IIII 7. Adult Use Ordinance 0 I II IInB l q 1 S i E I I 8. Animal Unit Ordinance II II I 1 iI1 III 9. 1724 Administration Rules and U d p I lilhl I lIlUl i 10 ' Develop Comprehensive Plan Work Program - Begirt Comp Plan Process - -�r- I III II 1 I II 11. Evergreen Corridor Subarea Plan /Zoning 12. Steering Committee of Elected Officials Coordination Varies, depending on issues before Steering Committee. 13. Miscellaneous Zoning Amendments As prioritized and directed by City Council 4/29/2003 Spokane Valley Long Range Planning 2003 DRAFT Work Program Task 1 Task 2 Task 4 Task 5 4/29/2003 Spokane Valley Long Range Planning 2003 DRAFT Work Program 2003 OFM Population Forecast (Completed) Every year, Washington State's Office of Financial Management sets a population count for every jurisdiction in the State. Population counts are updated every year using building permit data. Long Range Planning is working with the State to establish an accurate, initial population count for Spokane Valley. This is very important to the City because some State funds are distributed on a "per capita" basis. Planning Commission Orientation /Completed) Long Range Planning will conduct initial orientation workshops with new Planning Commission members to ensure the Commission understands their role as advisors to the City Council. The Planning Commission will be encouraged to attend the Short Course on Local Planning, taught by the Washington State Office of Community Development, on April 23, 2003. Task 3 Zone Map Changes to Implement Comprehensive Plan Amendments Spokane County adopted amendments to its Comprehensive Plan two days prior to the City Council adopting the County's Comprehensive Plan and Zoning Ordinance. However, Spokane County did not rezone the subject properties to be consistent with the new Comprehensive P lan designations. Long Range Planning proposes to rezone those properties that received new Comprehensive Plan Designations, as approved by the County and adopted by the Spokane Valley City Council. Community Development Block Grant (CDBG) Spokane Valley must work with the Department of Housing and Urban Development to decide how it wants to participate in the federal Community Development Block program. The City must begin the process to implement a CDBG program that meets federal requirements. CDBG funding to the City will begin in 2004. Public Participation Guidelines The Washington State Growth Management Act places strong emphasis on citizen involvement, requiring jurisdictions to establish "...procedures providing . for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans " Long Range Planning will prepare Public Participation Guidelines for the Planning Commission's review and recommendation to the City Council. The Guidelines will be used by City Department's when public involvement is desired, and /or required. L 3 Task 6 Task 7 Task 8 Task 9 Task 11 4/29/2003 Spokane Valley Long Range Planning 2003 DRAFT Work Program Zoning Code Enforcement Ordinance The Code Enforcement section of the Zoning Code must be reviewed and amended, where necessary, to ensure that zoning code violations are addressed and corrected in a timely manner. . Adult Retail Use Ordinance The City Council enacted a 6 month moratorium on the siting of new adult retail use establishments on March 27, 2003. This allows the City to review, and possibly amend, current adult retail use establishment regulations, consistent with the community's vision. Animal Unit Ordinance - Definitions and Provisions The adopted Zoning Code must be reviewed to ensure provisions for keeping animals meet the community preference, while at the same time recognizing that the Valley will continue to urbanize at residential densities that may not be conducive to keeping farm animals. 1724 Administration Rules and Update • The City must review the adopted "Application Review Procedures for Project Permits" to ensure consistency with State Law and with goals of the City Council to ensure timely processing of land use.applications and building permits. Task 10 Develop Comprehensive Plan Work Program - Begin Comp Plan Process Spokane Valley has 3 years from the date of incorporation to adopt a Comprehensive Plan and Development Regulations consistent with the requirements of the Growth Management Act. Long Range Planning will develop a work program and begin the planning process to adopt a new Comprehensive Plan. Evergreen Corridor Subarea Plan /Zoninq Long Range Planning will conduct a planning process to determine the appropriate mix of commercial, office and residential development along the Evergreen Road corridor. The planning process will involve all affected properties, resulting in possible amendments to the Comprehensive Plan Land Use Map and Zoning Map. Task 12 Steering Committee of Elected Officials Coordination The Steering Committee of Elected Officials is responsible for regional coordination of planning activities mandated by the Growth Management Act. The Steering Committee reviews and makes recommendations on LK Task 13 4/29/2003 Spokane Valley Long Range Planning 2003 DRAFT Work Program amendments to the Countywide Planning Policies, Urban Growth Area amendments, population allocations and Regional Levels of Service. Spokane Valley must participate on the Steering Committee to meet the requirements of the Growth Management Act for regional coordination. Long Range Planning staff will attend Steering Committee meetings and will prepare reports and make presentations to the Steering Committee, as necessary. Miscellaneous Zoning Amendments Long Range Planning will process amendments to the Zoning Code as directed by the City Council. It is noted that unanticipated Zoning Code amendments will affect the work program and timelines presented in this document. Memo 1 To: David Mercier, City Manager From: Greg McCormick, AICP — Interim Long Range Planning Manager CC: Jim Harris, Interim Planning Director Date: May 6, 2003 Re: Community Development Block Grant Consortium Letter (revised) Background As a new city, Spokane Valley has the opportunity to receive Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds to help in the development of a viable urban community, provide decent housing and suitable living environment, and expand economic opportunities for principally low and moderate- income persons. Prior to incorporation these programs and funding allocations were administered and allocated by Spokane County. As a newly incorporated city, Spokane Valley has three options available to continue participation in these valuable programs. Two of the three options (Options 2 and 3) are not accessible until 2005. The only short term option available to the City at this time is Option 1 discussed below. Under the County's 2003 — 2004 Consolidated Plan the County charges the CDBG funding a 20% administrative fee, which is the maximum allowed by HUD. The City of Spokane Valley CDBG allocation has been estimated at $800,000; 20% overhead to the County results in $160,000 of the City's allocation being 'taken off the top" by the County for administration of the CDBG program. This issue should be addressed by the City in the cooperation agreement that is required and discussed below under Option 1. In 2002, Spokane County funded 5 public facility/public improvements for projects that were contained mostly within the City of Spokane Valley. Also in 2002 the County funded 10 public service projects, an economic development project and 3 housing programs with CDBG funds. The public service, economic development and housing programs funded through the County CDBG program may have provided opportunities to Valley residents to Program Type 2002 2003 Public Facility & Public Improvement $416,881 $238,108 Public Service Projects $246,282 $246,760 Economic Development $34,162 $ 0 Housing $450,000 $500,000 TOTAL CDBG FUNDING $1,147,325 $984 868 participate in those programs, however, at this juncture it is not possible to determine what percentage of these funds were spent within the area that now is the Spokane Valley or how may Spokane Valley residents benefited directly from these programs. CDBG funding allocations for 2003 were recently approved by the BOCC that included 3 public facility /public improvement projects, 12 public service projects, and 3 housing programs that may have benefited Spokane Valley residents. The specific projects are attached to this memorandum. Funding allocations are as follows: Options Option 1 — This is the City's only option during the remainder of the County's current Urban Entitlement period of 2003 to 2005. The City can participate with Spokane County in its Urban County entitlement under the County's Consolidated Plan. This participation would not begin until the 2004 program year. This option would require the City to enter into an agreement' with the County similar to the other small cities and towns in the County. Spokane Valley would be represented on the Housing and Community Development Advisory Committee (HCDAC). The HCDAC is a group made up of 20 citizen representatives from throughout Spokane County. The HCDAC is appointed by the Board of County Commissioners after a recommendation from the Mayor for incorporated cities and towns. Each of the cities and small are represented on the HCDAC by a local resident, mayor, councilperson, or staff person. There are also 10 at large appointments made by the BOCC. Prior to incorporation there were 3 at -large appointments from the Spokane Valley area. It is unclear at this point how many appointments will be made from the City of Spokane Valley. The County would continue to be responsible for program administration, HUD planning, reporting, labor compliance, etc.. This option would require the City to apply to the County for CDBG funds based on needs derived from its citizen participation process. These requests for funding are reviewed by the HCDAC and funding recommendations forwarded to the Spokane County Board of Commissioners for final allocation. This option provides the City with the least amount of control over the funding allocated to programs within the City. While this is the only short term option available to the City for participation in the CDBG program, the Council may want to discuss options with Spokane County that offer the City more direct control over program funding allocations. This may be accomplished within the Cooperation Agreement discussed below. To implement this option, the City must provide a letter to Spokane County and the HUD office in Seattle of the City's intention to be included in the consortium by May 31, 2003. • Page 2 By June 30, 2003 the City must enter into a 'cooperation agreement" authorized by the Chief Executive Officer of each goveming body. A draft copy of that agreement has been provided to the City by Spokane County in the March 10, 2003 letter from Kasey Kramer to Lee Walton and is attached hereto. Option 2 — The City of Spokane Valley can apply for "entitlement status" in order to received funding directly from HUD. This option is not available to the City until the 2005 program year. If the City were to choose this option the City would be responsible for all program planning, administration and compliance requirements. Preliminary estimates predict an entitlement amount for the City of Spokane Valley of approximately $800,000. This option would provided the City the greatest amount of control over the programs funded within the City with the CDBG funding. This option would also require the City to prepare a "Consolidated Plan" to act as the City's policy document for CDBG purposes. (estimate: $50,000 to $60,000 to prepare a consolidated plan in 2002 dollars) If the City gained entitlement status, Spokane County would no longer qualify as an urban county entitlement due to the Toss of the 82,000 + population of Spokane Valley. This would result in the loss to the County of approximately $1 to $1.5 million in CDBG funds per year. Option 3 — Request from HUD a 'Joint Entitlement Status" with Spokane County and become a pass through city under its own Consolidated Plan. Under this option the City would be responsible to develop its own Consolidated Plan. (The estimated costs of preparing a Consolidated Plan are noted in Option 1 above.) The City would receive an amount to be determined by HUD. Under this option the County would not lose all remaining CDBG or HOME funds, however, due to the calculation methods used by HUD, the County may lose some portion of entitlement amount. Remaining CDBG and HOME funds would be allocated to the small towns, cities and unincorporated Spokane County. Recommendation Staff recommends that the City Council implement Option 1 and enter into a cooperative agreement with the County to participate under the County's Consolidated Plan and the consortium. This option would provide the citizens of Spokane Valley access to CDBG and HOME funding at the earliest opportunity. The Council may want to explore options with Spokane County under this option related to City funding levels and allocation of funds. The vehicle available to the City would be the Cooperation Agreement required under Option 1 to address the City's concerns. In the longer term (2006 and beyond) the City should evaluate Options 2 and 3. Both of these options give the City control in allocating these funds and the potential to provide the citizens of Spokane Valley access to programs that have proven, in other jurisdictions, to be of tremendous benefit to the community. Attachments: • Page 3 • CDBG funding for 2002 & 2003 • Draft Cooperation Agreement • HCDAC Information Public Facility /Public Improvements Subrecipient Name CDBG Matching) Total Water System Improvements Carnhope Irrigation District 1 $76,500 $3,2501 $79,750 Water System Improvements (phase 1)` East Spokane Water District No. 1 $131,900 $131,900 $263,800 Water System Improvements (phase 2)* East Spokane Water District No. 1 $104,617 $121,400 $226,017 Water System Improvements Orchard Avenue Irrigation District S87,404 $50,184 $137,588 RID Assistance Spokane County Engineers $16,460 $787,121 $803,581 Total $416,8811 $1,093,855 $1,510,736 Public Service Projects* Subrecipient Name CDBG Other Total Child Mentoring Program Big Brothers /Sisters $7,000 $423,960 $430,960 Nutrition & Prescription Assistance Cancer Patient Care $15,000 $343,576 $358,576 Spokane Sexual Assault Center Lutheran Community Services NW $25,033 $605,920 $630,953 Employment Training Program NOVA Services Volunteers of America $26,453 $24,400 $73,530 $135,901 S99,983 $159,901 Crosswalk Program Hope House Women's Shelter Volunteers of America $20,000 $168,308 $188,308 Emergency Food Box Program Second Harvest Food Bank SHFB $44,000 $1,049,238 $1,093,238 Transitional School for Homeless Children YWCA $20,514 S160,343 $180,857 Alternatives to Domestic Violence YWCA $39,163 S721,500 $760,663 Homeless Program - Funding to provide shelter for homeless families in the county. Spokane Neighborhood Action Programs (S.N.A.P.) $24,719 5764,752 $789,471 Total $246,2821 $4,447,0281 $4,692,910 Economic Development* 1 Subrecipient Name CDBG Other) Total Microenterprise Assistance Northwest Regional Facilitators $34,1621 $108,8741 $143,036 Total $34,162 $108,874 $143,036 Housing' Subrecipient Name CDBGI Other Total Capital Facilities Rate Assistance - Assist very low income in paying the Capital Facilities Rate Community Aquifer Protection Assistance $150,000 $0 $150,000 Side -Sewer Connection Assistance Community Aquifer Assistance Prog. $150,000 $0 $150,000 Essential Housing Repair Program Spokane Neighborhood Action Program (SNAP) $150,000 $0 5150,000 Total $450,0001 $0 $450,000 Community Development Block Grant Fund Distributions Spokane Valley - 2002 *Programs that provide services that benefit Spokane Valley residents, but are not exclusive to Spokane Valley. Public FacilitylPublic Improvements Subrecipient Name CDBGI Matching Total Waterline Improvements East Spokane Water District No. 1 5100,3001 550,000 $150,300 Fire Hydrant/Waterline Replacementllntertie Orchard Avenue Irrigation Spokane County Engineers $98,8601 $50,000 $38,9481 $390,459 $148,860 5921 ,325 RID Assistance' Total 5238,1081 $490,4591 51,220,485 Public Service Projects" Subrecipient Name CDBG Other Total Child Mentoring Program Big Brothers /Sisters Cancer Patient Care 57,000 $13,600 $184,911 $358,950 $191,911 $372,550 Nutrition and Prescri.tion Assistance Spokane Sexual Assault Center Lutheran Community Services NW $28,706 $596,754 $625,460 Emergency Food Box Program Second Harvest Food Bank S( HFB) 544,000 51,183,411 $1,227,411 Health Care Services Soc ety e County Medical $20,000 5208,425 5228,425 Care Cars Spokane Mental Health $25,000 $55,688 590,515 Emergency Services Spokane Valley Community Center $21,574 5193,242 5214,816 Senior and Disabled Persons Horne Delivered Meal Program Spokane Valley Meals on Wheels 516,000 5126,000 5142,000 tope House - Women's Shelter Volunteers of America 510,000 5127,912 5137,781 Crosswalk - Youth Shelter Volunteers of America $9,025 5133,942 5142,967 Alternatives to Domestic Violence YWCA 526,950 5874 5901,115 Homeless Program - Funding to provide shelter for homeless families in the county. Spokane Neighborhood Action Programs (S.N.A.P.) 524,905 5854,478 5879,383 Total 5246,7601 54,897,878 $5,154,334 Housing* Subrecipient Name CDBG Other Total Essesential Housing Repair Program Spokane Neighborhood Action Program (SNAP) 5150,000 50 5150,000 Capital Facilities Rate Assistance - Assist very low income in paying the Capital Facilities Rate Community Aquifer Protection Assistance $200,000 50 $200,000 Side -Sewer Connection Assistance Community Aquifer Protection Assistance $150,000 50 . $150,000 Total 1 $500,0001 SO S500,000 Community Development Block Grant Fund Distributions Spokane Valley - 2003 *Programs that provide services that benefit Spokane Valley residents, but are not exclusive to Spokane Valley. COOPERATION AGREEMENT FOR COMMUNITY D.EVELOPMTENT BLOCK GRANT AIN'T) HOME INVESTMENT PARTNERSHIP FUNDS THIS AGREEMENT, made and entered into by and between Spokane County (hereinafter called the County) and the City of Spokane Valley (hereinafter called the City) this day of 2003. WITNESSETH: WHEREAS, pursuant to Title 1 of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of.Title 1 of the musing anti Cotin unity Development Act of 1974 and , other applicable laws, . Spokane County • is entitled to' receive Community Development Block Grant (CDBG) funds for federal fiscal years, 2000, 2001, and 2002; and WHEREAS, the amount of CDBG funds to which the County may be entitled is in part dependent upon the population of other CDBG eligible applicant cities and towns which by this Agreement elect to participate in the CDBG and HOME Entitlement Program with the County; and WHEREAS, 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 to plan for, and administer the CDBG.Program and the HOME Investment Partnership Program (HOME). NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual benefits received hereunder, the parties agree as follow 1. The City may not apply for grants under the Small Cities or State CDBG Programs from appropriations for fiscal years 2004 and 2005, the years during which the City is participating in the Spokane County CD13G and HOME Program. 2. The City may not participate in a HOME consortium except through Spokane County, regardless of whether Spokane County receives a HOME formula allocation. 3. The Spokane County urban county qualification period is federal fiscal years 2003, 2004, and 2005. 4. This Agreement remains in effect until the CDBG and HOME funds and income received for federal fiscal years 2003, 2004, and 2005 are expended and the funded activities are completed.. The County and the City may not terminate or withdraw from this Agreement while the Agreement remains in effect. 5. The County and the City will cooperate to undertake, or assist in undertaking, community renewal and lower income housing assistance activities, specifically community development and publicly assisted housing. w:lentitimt120031city of spokane vallcylnotification of opportunitylinvitation to particip letter.doc 6. The County and the City will take all actions necessary to assure compliance with Spokane County's certification required by Section 104(b) of the Housing and Community Development Act of 1974, as amended, including Tittle VI of the Civil Rights .Act of 1.964, the Fair Housing Act, Section 109 of Title 1 of the Housing and Community Development .Act of 1.974, and other applicable laws. 7. The County will not use CDBG or.:HOM:E funding for activities in, or in support of a City that does not affirmatively further fair housing within the City's jurisdiction or that impedes the County's actions to comply with the County's fair housing certification. 8. The City has adopted and is enforcing: a) a policy prohibiting the use of excessive force by .law enforcement agencies within its jurisdiction against any individuals engaged in non - violent civil rights demonstrations an.d b) a policy of enforcing applicable State and local laws against physically barring entrance to, or exit from a facility or location which is the subject of such nonviolent civil rights demonstrations within jurisdictions. The County and the City will not obstruct the implementation of the approved Consolidated Housing and Community Development Plan and Annual Action Plan during the period covered by this Agreement. The County and City further agree to participate in coordinated planning efforts to develop the upcoming five - year. Consolidated Plan (2005 -2010) and ensuing annual amendments. 10. The County has final responsibility for selecting CDBG and HOME activities and annually filing the Consolidated Annual Performance and Evaluation Report; Consolidated Housing and Community Development Strategy; and Annual Action Plan with the U.S. Department of Housing and Urban development. 11. The County and City are subject to the same requirements applicable to CDBG subrecipients, including the requirement of a written agreement set forth in 24 CFR 570.503. 12. The County's Housing and Community Development Advisory Committee will review CDBG program policies, plans, and applicant funding proposals and recommend to the Board of County Commissioners funding of applicant proposals. 13. The County's Housing and Community Development .Advisory Committee will include a representative of the City appointed by the Board of County Commissioners in consultation with the Mayor and/or Council of the City. This Agreement is entered into on this day of , 2003 by: City of Spokane Valley Spokane County Mike DeVlemming, Mayor Phillip D. Harris, Chair Board of County Commissioners ' w:\entitlmtl2003\city of spokane vallcylnotification of opportunitylinvitation to participate lcttcr.doc I Area Represented II Member Name l Term Expires 1 City of Airway Heights 1 John E. Holloway 1 04/23/05 1 Ciry of Cheney Tom Richardson I 09/10/05 1 City of Deer Park Richard Heydet 01/29/05 11 11 1 Community Development Advisory Committee Page 1 of 3 ROUSING AND COMMUNITY DEVELOPMENT ADVISORY COMMITTEE (IICDAC) V tubers /Meetintts /Recruitment /Agendas The .[rousing and Community Development Advisory Committee serves as an advisory committee to the Housing and Community Development Department, and through the Department, to the Board of County Commissioners. The purpose of the committee is to provide citizen representatives of Spokane County with the opportunity to participate in, comment on, and review the Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) Programs. The Housing and Community Development Advisory Committee is made up of 20 citizen representatives from throughout Spokane County. Each of the ten small cities and towns participating in the Urban County Consortium is represented on the Committee by a local resident, mayor, councilperson, or employee. The remaining 10 "at large" positions are made up of citizens from the remaining unincorporated areas of the County. Incorporated area representatives are nominated by their local elected official (Mayor) and receive formal approval and appointment through the Board of County Commissioners (BoCC). Unincorporated area representatives are regularly recruited through the Commissioner's office as positions become open. In making Committee appointments, the County Conunissioners give special consideration to geographic representation, professional skills, conununity interest, and representation of the low and moderate- income target populations, including: • Elderly • Minorities • Unemployed Persons • Disabled Person • Single Heads of Household • Youth 'TAP Committee Members http: / /spokanecounty .org/Communitydev /CD.AC.htm 5/6/2003 Town of Fairfield I Sue Adams 09/05/03 Town of Latah Ed Crockett 02t28/06 City oflvledical Lake Shirley Maike 06/05/04 Town of Millwood Vacant Town of Rockford Vicki Bergstrom 07/24/04 Town of Spangle Gary Honeychurch 02/25/06 Town of Waverly Kynda Browning 12/31/03 At -Large ( North) Margaret Belote 09/05/03 At -Large ( North) Pat Rouse 09/10/05 At- Large ( Valley) David Johnson 11/21/03 At -Large (Valley) Edwin Wei1e 12/31/03 At -Large (Valley) Karen Contardo 12/19/03 At -Large (North) Kristen Nicholson 1/28/06 At -Large (North) Wendy Hepker 04 /08/06 At -Large (Valley) Patricia Harriman 04 /08/06 At -Large Vacant At -Large. Vacant Community Development Advisory Committee Page 2 of 3 I OP HCDAC Meetings The Housing and Community Development Advisory Committee holds regular monthly meetings on the 2nd Thursday of each month. Meetings are generally held in Room 401 of the Broadway Centre Building, 721 N. Jefferson, Spokane, \VA.. All meetings are open and accessible to the public, however pubic comment is only accepted during "public hearing" dates. Comment is allowed only by invitation during regularly scheduled "public meetings ". A listing of CDBG and HOME public meeting and public hearing dates is provided here. Special meetings of the HCDAC may also be convened by: • The request of the Committee Chair • Written request of a majority of the Committee • Board of County Commissioners Action • The request of the Department Director All meetings shall comply ,vith the requirements of the Open Meetings Act (RCW 92.30). "Click here" for upcoming HCDAC meeting agendas o P HCDAC Recruitment http:// spokanecounty .org /Com rnunitydev /CDAC.htm 5/6/2003 Community Development Advisory Committee Page 3 of 3 At large Committee member recruitments are conducted (as needed) approximately 2 to 3 months prior to the expiration date of an existing member's term. Recruitment for the FICDAC is conducted by the County Commissioner's Office and advertisements for interested applicants are advertised in the legal notices of the Spokesman - Review. If you are interested in volunteering to serve on this important and vital Committee, you may either send a request for an application in writing t� the County Commissioners office at 1116 W. Broadway, County Courthouse, 1st Floor, Spokane, WA. 99260 -0100, or request an application by e -mail http:ff spokanecounty .org /Communi /CDAC.htm 5/6/2003 •• C1"1'Y OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF TBE CiTY OF SPOKANE VALLEY, WASHINGTON RELATING TO JUNK VEHICLES INCi..U1)ING PROCEDURES FOR THE ABATEMENT AND REMOVAL AS PUBLIC NUISANCES. WI- IEREAS, the storage of unlicensed and inoperable motor vehicles on private property creates a public nuisance and interferes with the reasonable use and enjoyment of property; and WHEREAS, the City finds and declares that it is in the best interest of the residents and inhabitants of the City to remove junk vehicles as public nuisances and provide for their abatement through due process, NOW, TT-IEREFORE., the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Purpose and intent. The City recognizes the, benefit and enjoyment individuals receive from the repair and rehabilitation of old vehicles. Tt is, however, the purpose and intent of this ordinance to provide for the removal of junk vehicles that create an attractive nuisance and negative aesthetic impact upon property and the community. Section 2. Outside Storage of Vehicles. Except as otherwise permitted by City Ordinance, rio junk vehicles, as such terrn is defined in RC \V 46.55.010, shall be stored on any property within the City for a period exceeding 30 days, unless the same is stored on private property within: (1) an enclosed structure or (2) is covered by a vehicle. cover intended for such purpose.. A junk vehicle does not include a motor vehicle which is in the process of being repaired as evideric.ed by the good faith efforts of .the vehicle owner. Evidence relating to the good faith repair of a vehicle can be established by producing invoices showing work or parts purchased for repair or renovation of the vehicle, a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on during the past 30 days or by providing such other reasonable information and evidence to comply with the intent of this ordinance. it shall be a defense to abatement to move the junk vehicle into an enclosed structure (a building which has three sides, a door and a roof lawfully constructed on the property or to maintain a vehicle cover as set forth above). The owner of the real property where the vehicle is stored shall be responsible for a violation of this section. A violation of this section shall be considered a public nuisance by storage of a junk vehicle. The nuisance may be abated with the cost of abatement assessed against the property owner and the registered owner of the. vehicle, if the identity of the owner can be determined, unless the owner when transferring ownership of the vehicle has complied with RCW 46.12.101. Section 3. Junk Vehicle Abatement. Upon a determination by the City that a vehicle constitutes a public nuisance or junk vehicle pursuant to Section 1, the City shall issue a notice to S:\OrdinanceslOrdinancc Junk Vehicie.doc 1 the last registered vehicle owner of record and the property owner of record that a violation of City ordinance has occurred and an abatement will be commenced. The notice shall provide that a hearing may be requested but if no such hearing is requested, the vehicle will be promptly removed. The property and vehicle owner shall be given fourteen (14) days from the date the notice is mailed to request a hearing. Upon receipt of such a request, the City shall provide a notice stating the time, location and date of the hearing on the question of abatement and removal of the vehicle, or part thereof, as a public nuisance. The City shall mail this notice, by certified mail, with five (5) day return receipt requested, to the owner of land as shown on the last equalized assessment role and to the last registered and legal vehicle owner of record unless the vehicle is in such a condition that identification numbers are not visible. The notice shall contain statement that the owner of land on which the vehicle is located may appear in person at a hearing conducted by the City Hearing Examiner or present a written statement for consideration. The owner may deny responsibility for the presence of the vehicle and state the reasons for such denial. If it is determined at the hearing that the vehicle was placed on the property without consent of the property owner, and that there has been no acquiescence by the property owner, then the City shall riot assess costs of administration (including a Civil infraction) or nuisance abatement against the property where. the vehicle was located. Following notice by the City, a hearing (if requested) the vehicle shall be removed under the order of the City Manager or designee with notice provided to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. Upon removal, the City may dispose of the vehicle or parts as scrap upon terns which are reasonable and just. Section 4. Cost of Abatement. The City's reasonable cost for abatement, except as described above, shall become a charge against the vehicle owner and property owner and shall be recovered by the City. Section 5. Costs and Penalty. Upon a finding that a violation of this Ordinance has occurred, the City may recover the costs to remove the vehicle. A notice of violation may be written as a Class I civil infraction. Section 6. Severability. If any section, sentence, clause or phrase of this ordinance shall 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 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the ofiicial newspaper of the City as provided by law. s: \Ordinances \Orilinancc Junk Vchicic.cloc2 Ai' 1' . : PASSED by the City Council this day of May, 2003. Interim City Clerk, Ruth Ivlullcr Approved as to Form: Interim City Attorney Stanley M. Schwartz Date of Publication: Effective Date: S:1Ordinanc s \Ordinance Junk Vehicic.doc3 Mayor, Michael Dcvleming f CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASITINGTON ORDINANCE NO. AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, SPOKANE COUNTY, \1'ASHiNGTOj, GRANTING A NON- E\LUSiVE FRANCHISE TO EVAN NETWORKS TO CONSTRUCT,VAINTAIN AND OPERATE CERTAIN FACILi WI 1`HIN PUBLIC R1GHT -Or- \'AYS AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY. WHEREAS, RC \V 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 Las, steam and liquid fuels, for water, sewer and other private and publicly owned and operated fac.ilities for public service; and WHEREAS, the grant of such non - exclusive franchises requires the approving vote of at least a majority oldie 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 to 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, do ordain as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: S: \OrdinnnceslEnt.m Networks tranchise_doc L "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility 2. " 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 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. 3. "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 1 S:\Ordinanccsltiman Networks franehise.doc in the operation of activities authorized by this Franchise. The abandotunent by Grantee of any facilities as defined herein shall not act to remove the sane from this definition. 4. "Hazardous Substances" shall mean any substance or mmaterial 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. 5. "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. 6. " Permittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. 7. "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). 8. "product" shall refer to the item, thing or use provided by the Grantee. 9. "public property" shall mean any real estate or any facility owned by the City. 10. "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 casement, and/or road right of way now or hereafter held or administered by the City. 1 1. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City 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 EMAN NET`VOIZKS, a Washington not -for -profit corporation (hereinafter "Grantee ") a franchise for a period of years, begitming on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities for purposes described on Exhibit A, system, in, under, on, across, over, through, along or below the public right-of-ways 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 shall be imposed at this time. At such time as a right-of-way use fee may be imposed by a City ordinance, applicable to Grantee, however, the same shall be imposed after sixty (60) days' written notice from the City to the Grantee. Section 4. 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 5. 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 right -of -ways, 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 right-of-ways, streets, avenues, thoroughfares and other public properties of every type and description. Section 6. 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 sewers, water pipes, or any other property of the City, 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 7. 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 S:lordinancesTman networks franchise.doc 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. Nothing in this Franchise shall be construed to prevent the City from constructing facilities, grading, paving, repairing and/or 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 raider 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 and/or elTect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. Section 8. Commencement of Construction, Construction of the facilities contemplated by this Franchise shall commence within thirty (30) days of the effective date of this Ordinance, provided that such time limit shall not apply to delays caused by acts of God, strike or other occurrences over which Grantee has no control. Section 9. 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 to 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. 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, resolutions, and resolutions of general application now enacted or to be enac.ted 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 fbr die 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. All of the City's actual reasonable administrative expenses directly related to its administration of public properties under this Franchise, shall be paid by the Grantee to the. City upon invoice. Grantee is responsible for the supervision, condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies. S:\OrdinanceslEman Networks Ganchise.doc 4 Section 10. Special Construction Standards. During any period of work relating to Grantee's .facilities, all surface structures and equipment, if any, shall be erected a.nd used in such places and positions within or adjacent to public right -of -ways 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 unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect 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 11. Restoration After Construction. Grantee shall, after abandonment approved under Section 28 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 the condition that the same was in immediately prior to any such work. 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 12. 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; and 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 10 shall be in addition to those otherwise provided by this Franchise. Section 13. 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 shall reference all such monuments and markers. The reference points shall be so located that they will not be disturbed during the Gra.ntee's operations under this Franchise. The method of referencing these monuments or other S:1Ordinanccs\L'man Networks franmhiss.doc 5 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 be restored pursuant to 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 14. Drainaae. If the work done under this Franchise interferes in any way with the drainage of a City right of way, 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. Section 15. 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, niaintenanc.e 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 right -of -ways, roads, streets, or other public property, hereinafter collectively referred to as the "Plans." All work within any public right -of- way or other public property shall be pursuant to permit 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, back till, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other necessary information. During the progress of the work, Grantee shall not unnecessarily obstruct the passage or proper use of the right -of -ways. Grantee shall file as- built plans and maps with the City showing the final location of the facilities. All restoration of right -of -ways, roads, streets, storm drainage and the surface of other public property shall be in conformance with City standards, and conditions of the permit. Section 16. 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 17. 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 he followed when responding to an emergency. When developing such Plan, the Grantee shall work with the City Engineer and the City's Police 17epartrnent to determine when and how the same should be contacted during emergencies. S:\ordinanccslEntrin Networks franchise_doc 6 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 18. Emereency 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 otherwise in such a condition as to immediately endanger any property, life, health, or safety, Graritee 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. 1-lowever, 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 19. 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 20. 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. Nothing in this Section or the Franchise shall be construed to prohibit the City from imposing any license fee, tax or assessment upon Grantee which it: is specifically authorized by law to do so. Section 21. 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 cornmon.ly 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 22. 13uildine 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 of Grantee's S:\Ordinano s \Eman Networks frrmchise.doc 7 facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's facilities, as determined by the City. Section 23. 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 24. Dan;terous 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 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 25. 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 rights 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 rights 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 remove the responsibility of the Hazardous 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 26. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enac.te.d, promulgated, or amended, and shall indemnify and hold the City harmless from any and all S:Ordinanccs\Lman Networks frnnchisc,doc 8 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 27. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily discotuiect, 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 right-of-ways 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 sane street upon approval by the City, any section of their facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then existing facilities, the City shall: 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 amore 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. Ln 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 any arrangements it may deem appropriate when responding to a request for relocation or 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, operated or maintained facilities, S:\OrdinanccsiEman Nctworts franchise.doc 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 right -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. 9 provided that such arrangements do not unduly delay a City construction project. Section 28. 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 29. Grantee's Maps and Records. After construction is complete, and as a condition of this Franchise, Grantee shall provide to the City at no cost, a copy of all accurate as- built plans, maps and records. 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 right 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 right of way or public properties. 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. 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 "CONFIDENTIAL" each page or portion thereof of any documentation /information which it submits to the City and which it believes is exempt front public inspection 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 "CONFIDENTIAL" 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 R.CW 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 S:\OrdinanccslEmnn Nct+ +Urks franchise.dix 1 0 for a period of five (5) years absent emergency circumstances, unless otherwise agreed by the City. Section 32. 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 terns 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. Section 33. 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 ■velfare of the public. The City shall have the authority at all times 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 34. *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 35. 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 RC\V, 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 RC`V, arising against the City solely by virtue of the City's ownership or control of the right -of -ways 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 right -of- ways or other public property based upon the inspection or lack of inspection of work 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 S;\OrdinanceslEman Networks frinchise.dirc 11 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 shalt extend to claims which are not reduced to a suit and any claims which may be compromised prio.r to the culmination of any litigation or the institution of any Iitigation. In die event that Grantee refuses to accept the tender of defense in any suit or any claim said tender having been niade pursuant to the indemnification clauses contained herein, and said refusal i5 subsequently determined by a court having jurisdiction (or such other tribunal that. die parties shall agree to decide the matter. ), to have been a wi :ul 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 tees 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 deckle the natl:er) determine that this Franchise, or work conducted under authority of this Franchise, is subject to RCN' 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 i11demtllfication provided herein constitutes Grantee's waiver of immunity under Title 51. TR.CW, solely for the purpose of this indemnification. This waiver has been mutually negfAiated by the parties. The provisions of this Section 35 shat] survive the expiration or termination of this .Franchise agreement, for a. period of three (3) years. Section 36. Insurance. Grantee shall procure. and maintain for the duration of the franchise, insurance against claims :l:or 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 $1,000,000 Combined Single Limit per accident for bodily injury and property damage.; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than 51,000,000 Combined Single Lin - Lit per occurrence and $2,000 aggregate for persona] injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations; broad foini property; explosion, collapse and 510311 I FLEcS \Saran NerINCIA3 fraucltise.tlnc 12 underground (C; and Employer's Liability. Any deductibles or Sell- insured retentions must be declared to and approved by the City. Payment of deductible or self - insured r etention shall be the sole responsibility of Grantee. Recognizing the term of this franchise, the City Council may unilaterally adjust the insurance 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 covera.ge shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers, hi 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, ol'.15cials, 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 37. Bond. Before Undertaking any of the work, installation, improvei cents, construction, repair, relocation or maintenance authorized by this Franchise, Grantee shall, upon the request oi: the. City, furnish a bond executed by Grantee 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 38. 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 39. Compliance Win :h 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 anchor City regulation, lJtikity 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 arid upon termination the City shall have a lien upon all equipment and materials erected or placed under this Franchise, which lien mav be enforced to reimburse the City for any $;IOrdinoriccs11 =m0ii Networks fi cinch ise.doe 13 reasonable expenses and payments incurred in terminating this Franchise and to cure defaults by the Grantee. Scctiun 40. Forfeiture and Revocation, if Grantee willfully violates or fails to 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 Fran.ch ise 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 gists incurred by the City by reason of failure to comply - Section 41. 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 sec trit V 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 shrill 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 42. Gists of Publication, The cosi of the preliminary and/or /anal publication of this Ordinance. and /or its Ordinance Sum shall. be borne by Grantee. Section 43. 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 he deemed a rejection thereof byy 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 44. Sui vival. All of the provisions, conditions and requirements of Sections: 5, ] 1, 24, 25, 34 and 48 of this .Franchise shall be in addition to any and all other obligations and ]iabihtli s Grantee may have to ilie 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, regLi]ations 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 all obligations and liabilities of Grantee shall inure to its heirs, successors and assigns equally tLs if they were specifically mentioned wherever Grantee is named herein. Section 45. 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- ]n the event that any of the provisions of SAOrdinnccs\Eman Oetworks frmnciiisc,,iop ] 4 the Franchise are held to be invalid by a court of competent jurisdiction the City reserves the right to reconsider the grant of the F ranchise and may amend repeal, add, replace or modify any other provision of the Franchise, or may terminate the Franchise. Section 46. Renewal, Application for extension OE renewal of the term of this .Franchise shall be made no sooner than one year before expiration thereof. In the event the time period granted by 1:hi.s 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 47. Notice. Any notice or inrorm Ltion required or permitted to be given by or to the parties under this Franchise may be sent to the following addresses unless otherwise spec,ilied, in writit 'jg: The City: With a Copy to: Grantee: Section 48. Choice of Law. Any Litigation between the City and Grantee arising under or regardirQ this Franchise shal] occur, if in the state courts, in the Spokane County Superior Courl:, and if in the federal courts in the United States District Court For the Eastern District o f - Washington. Section 49. Non- Waiver. The City shal] be vested with the power and aut]iority to reasonably regulate the exercise of the privileies 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 foil ure or neglect. Section 50. Entire Agreement. This Franchise constitutes the entire understanding tuid agreement between the parties as to (he subject matter herein and no other agreements 01 urlderStandillES, written or otherwise, shall be binding upon the parties upon execution and acceptance hereof- This Franchise shal] also supersede and cancel any previous right or claim of Grantee to occupy the County roads as herein described. S; \Ordiliances1Emaii Nctwurks fmnchi5e,dQo City of Spokane Valley Attn: Ruth iv.tuller l 1707 E. Sprague Spokane Walley, WA 9920(5 Stanley Schwartz Witherspoon, Kelley, Davenport ak Toole, P.S. 422 W. 'Riverside, Suit 1. t.00 Spokane, WA 99201 F MAN Networks Attn: 2509 33rd Ave. S.L- Puyallup, WA 98374 Section 51. 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: Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: PASSED by the City Council this day of May, 2003. S:1C'rilinrrices\Ein r, Ner»virks frinchisc,doc Mayor, Michael DeVleming 16