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2003, 05-20 Study SessionCITY. OF SPOKANE VALLEY CIJ'Y COUNCIL WORKSHEET — STUDY SESSION NOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT COUNCIL RESERVES TILE RIGHT TO REQUEST INFORMATION FRONT. ' `Hli: PUBLIC AND STAFF AS APPROPRIATE CITY HALL AT REDWOOD PLAZA. 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, May 20, 2003, 6:00 p.m. COUNCIL REQUESTS THAT ALL ELECTRONIC DEVICES RE TURNED OFF WHILE IN ATTENDANCE AT THE COUNCIL MEETING SUBJECT DISCUSSION LEADER ACTIVITY DISCUSSION GOAL Park & Recreation Bill Hutsinpiller Mirabeau CenterPlacc design status report Information (20 minutes) Planning Jim Harris Planning Commission guidelines and rules First Touch (5 minutes) Public Works Dick Thiel EMAN network franchise ordinance (5 minutes) Consensus- Agenda 5/27? Public Works Dick Thiel Six -year State Transportation Improvement Plan Consensus- Agenda ? (20 minutes) Administration David Mercier Barking dog enforcement cost information Consensus (5 minutes) Study Session Agenda, May 20, 2003 520/2003 5 ;05 PM, mintier revision 1 Administration David Mercier Authority to hire Permit Specialist and Seasonal Inspector, Street Obstruction Permits (5 minutes) Administration Administration Stan McNutt Administration Public Works Public Works Public Works Public Works Administration Administration Study Session Agenda, May 20, 2003 520/200 5:1(1 PM rmuller revision David Mercier Cary Driskell 'Dick Warren 'Dick Warren Dick Warren Dick Warren David Mercier David Mercier Delegate authority to City Manager to execute Right -of -way acquisitions as they relate to Construction projects (5 minutes) Ratification of Probation Services Agreement (10 minutes) Junk vehicle ordinance (15 minutes) WSDOT temporary easement (10 minutes) Existing franchise ordinances (5 minutes) Stormwater agreement (15 minutes) Sewer extensions and operation (STEP) (1.0 minutes) Review of Advance Agenda items (10 minutes) City Manager commentary (5 minutes) Approval Approval Approval Consensus- Agenda 5/27? Consensus - Agenda 5/27? First Touch Consensus - Agenda 5/27? Public comment item Consensus- Agenda 5/27? Consensus Information 2 DRAFT 5.16.03 City of Spokane Valley Planning Commission RULES OF PROCEDURE We, the members of the Planning Commission of the City of Spokane Valley, State of Washington, pursuant to the City of Spokane Valley Ordinance No. 35, do hereby adopt and publish the following Rules of Procedure 1. Name 2. Location 4. Secretary of the Commission ORGANIZATION AND RULES OF PROCEDURE A. The "City of Spokane Valley Planning Commission ", hereinafter referred to, as the "Commission" is an advisory body created by the City Council for purposes consistent with Ordinance No. 35. A. The Commission offices shall be the City Hall of the City of Spokane Valley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every second year in accordance with Ordinance No 35. A. Officers of the Commission shall be elected from its membership; the officers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by majority vote. B. The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose second motions and have a vote recorded on all matters of the Commission. C. The Vice -Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. A. The Director of the Department of Community Development or his/her designee shall serve as the Secretary to the Commission. B. The Secretary shall provide for a tape recording of Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings are prepared and filed in the public record. C. The Secretary will conduct and record a roll call of the Commission members at each meeting, public hearing and shall note for the record attendance at study sessions. 5. Election of Officers A. Officers shall be elected at the second regular meeting in the 1 1 1h calendar month of each year, by majority vote of the membership of the Commission. Terms of office shall run from January 1 following the election meeting until December 31 of the second year, or until a successor has been elected. No Commission member shall serve more than two full consecutive terms as Chair of the Commission. No member shall serve as vice -chair for more than two full consecutive terms. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the vice -chair shall serve in that capacity until the required special election is held. Any member of the Commission is eligible to fill the vacancy. However, no member can hold two office positions. 6. Quorum A. A quorum shall consist of four members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for public hearings and study sessions. 7. Voting A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters, which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote but no proxy shall be allowed. 2 8. Meetings A. There shall be two Planning Commission regular meetings each month. The meetings shall be held on the 2nd and 4 Wednesdays of the month, commencing at 6:30 p.m. and ending at 9:30 p.m. until July 31 and thereafter on the 2 and 4 Thursdays of the month at the time set forth above. Meeting ending time can be extended by a majority vote of the commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Me etinas on General Planning Matters. General planning matters to be reviewed by the Commission will be typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staff. Generally, no testimony from the public shall be taken at a study session. 2. Public Hearing Meeting. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice - Chair. Notice of cancellation shall be given personally to Commission Members and to the public by posting a notice at Commission offices. 4. The order of business for Meetings shall be: (a) Call to order by Chair. (b) Pledge of Allegiance. (c) Roll call by recording secretary. .... --fj Deleted: b (d) Approval of Agenda. (J)_ _ _ Approval or amendment of minutes. ,, { Deleted: c (f) Commission Members Report (g) Administrative Report, (a) Commission, usiness. a. Old Business b. New Business (1) Public Comment _ for the Good of the Order, (.k) Adjournment. r Deleted: g ., Deleted: Additional business B. Planning Commission meetings shall be held in accordance with the Minted:. requirements of the Open Meetings Act. RCW Chapter 42.30. Deleted: h N • • Deleted: q . (d) . Public comment.¶ ... (e) . staff repdns. . Formatted: Indent: l c rt: 1" Deleted: Deleted: b 1 C. Special meetings and study sessions may be called: 1. By the request of the Chair, or, in the Chair's absence, by the Vice - Chair. 2. By the written request of three or more members of the Commission. 3. By agreed motion of the Commission. 9. CONDUCT OF HEARINGS A. Actions for a Planning Commission Public Hearing. 1. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. However, the Chair shall be authorized to establish speaker time limits and otherwise control presentations to avoid repetition. The Chair, subject to concurrence by the majority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) B. The Chair introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making out of order" comments shall be subject to removal from the meeting. 4 4. Please avoid demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation. It is distracting to the Commission and persons testifying. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair (or in the case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Commission members should now give consideration as to whether they have: (1) A demonstrated bias or prejudice for or against any party to the proceedings; (2) A direct or indirect financial interest in the outcome of the proceeding; (3) A prejudgment of the issue prior to hearing the facts on the record, or (4) Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Commission member should answer in the affirmative, then the Commission members should state the reason for his/her answer so that the Chair may inquire of administration as to whether a violation of the - Appearance of Fairness Doctrine exists. CONDUCTING THE PUBLIC HEARING The Chair announces the matter and opens the public hearing stating the date and time. The Chair allows staff to describe the matter under consideration and place matters in the public record. The Chair inquires as to whether Commissioners have any questions of staff. If any Commission member has questions, the appropriate individual will be recalled. The Chair allows proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission 5 members to ask questions of any person at the conclusion of their testimony. At the conclusion of the public testimony, the Chair asks staff if any additional information, testimony or evidence to submit for the record. The Chair either closes or continues the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, unless the Chair declares the record open until a date certain for the purpose of receiving written testimony or materials. The Chair inquires if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion. Following the motion and its second, discussion occurs among Commission members. The Chair inquires if there is any further discussion by the Commission members. The Chair inquires if there are any final comments or recommendations from staff. The Chair inquires of the Commission members if they are ready for the question. The Secretary records a roll call vote. The Chair may direct staff to prepare findings for approval. D. Pre - filing of testimony or evidence is encouraged and may be delivered to the Department of Community Development in advance of a hearing. 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the Planning Commission shall be sent to each member up to seven (7) days prior to the date of the meeting. B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. 11. Minutes and Communications with the City Council. 6 A Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval shall become part of the official record of action of the Commission. Minutes shall also be transmitted as correspondence to the City Council for general information. B The assigned City Council Liaison may attend meetings for the purposes of communications with the Council as set forth in the "CITY OF SPOKANE VALLEY GOVERNANCE COORDINATION MANUAL ". 12. Recording of Meetings Proceedings of all regular meetings, public hearings and study sessions shall be recorded and retained. 13. Temporary Committees The Chair shall have authority to create temporary committees of one or more members and to appoint the members to such committees, which may be charged with such duties as examination, investigation and inquiry into one or more subjects of interest to the Commission. No temporary committee shall have the power to bind the Commission to the endorsement of any plan or program. The Chair may appoint citizens to committees of the Commission. 14. Code of Conduct A. Prohibited Acts. Members of the Commission are prohibited from: 1. Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in office. Acting in a manner that intentionally disrupts Commission meetings. 3. Missing six (6) or more regularly scheduled meetings or study sessions in a 12 -month period without such absence being excused by the Commission. 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 7 15. Conflict of Interest 5. Directly or indirectly giving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the City of Spokane Valley, for a matter connected with or related to the services as a member of the Commission, unless otherwise provided by law. 6. Accepting employment or engaging in business or professional activities that he or she might reasonably expect would require or induce said member to disclose confidential information acquired by reason of membership on the Commission. 7. Disclosing confidential information gained by reason of his or her membership on the Planning Commission or using such information for his or her personal gain or benefit. A. Any Commission member having a direct or indirect interest in, or who would benefit from any matter, shall disclose this interest and shall, if deemed appropriate by that commissioner or required by law, refrain from participating or voting on the matter. B. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter or has listened to the taped recording of the public hearing and reviewed the written record of the matter in question. 16. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the appearance of fairness doctrine, RCW Chapter 4136. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that upon review and majority vote the above and forgoing rules have been duly adopted by the members of said Commission. BY: Secretary of the Commission Date: 8 AN ORDINANCE 01. THE CITY OF SPOKANE VALLEY, SPOKANE; COUNTY, WASHINGTON, GRANTING A NON- EXLUSIVE FRANCHISE TO EMAN NETWORKS TO CONSTRUCT _MAINTAIN AND OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHT- OFF- WAY,AND PUBLIC PROPERTIES OF THE CITY OF SPOKANE VALLEY. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non- exclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and WHEREAS, the grant of such non- exclusive franchises requires the approving vote of at least. a majority of the entire City Council and publication at least once in a newspaper of general circulation in the City; and WHEREAS, the Council finds that the grant of the franchise contained in this Ordinance, subject 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, does ordain as follows: Section I. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility, 2 "day" means_a_twenty-four (24) hour pejod Ite_r&apljg at 12 :01 am —lathing ajhing or acI is toJ e done in less_than_se_yen.(7) days, intermediate Satw:d _Sh ush v s_and 'coal htzlida�s _Sball_be excluded in the conlpvtIIQntinae ''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 1 p rdil, anccs\ rn,< 1n_ J etworks.Redline_05- 07 .03,0cle, CITY O1+ SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. i r r ,r ,r r ,r ,, I 01 00 , Inserted: Ci:1C'City of Spuf:mc Valley I 4324501dimmees‘Fracialliscs lEman k r Networks Redline 05.09.03.doe r r';, Inserted: G'CNCity of Spokane Valley o • r r 143245prdinwtceslFrvnchi I'r r Networks Redline 05.09.03.doc Deleted: G:\OCi yofSpotate vent,. A , ' ,' I43245f_rrdinmtc s'YranchlscslEutan Nerwcats.dee Err Deietcd: s J Deleted: 2 r Deleted: 0:1C•Cicy of Spokane Valley ; I43241GrdinnnecelFriaaehisc54L 'tnrn Networks Redline 05.09.03,doc Deleted: G:lC'City ofSpo&une Valle 14 324S0tdimmceararichises\Emnn Networks Redline 05- 09- 03.doc Formatted: Front: 10 pt, Do not check spelling of grammar incidental thereto or in any way appertaining to the distribution of the service or product and which are located within a right of way. "facility" used either in the singular or plural shall mean any tangible component of the transmission and distribution system within the right of way or on public property, including supporting structures, located in the operation of activities authorized by this Franchise. The abandonment by Grantee of any facilities as defined herein shall not act to remove the same from this definition. � . "Hazardous Substances" shall mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic or radioactive substance or other similar terns, 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. (t. "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. ?. "Permittne" shall mean a person or entity who has been granted a permit by the Permitting Authority. "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). "product" shall refer to the item, thin} or use provided by the Grantee. IQ. ___"_public proycrts'" shall mean any real estate or any facility owned by the City. l,l "right. of way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and /or road right of way now or hereafter held or administered by the City. la, "streets" or "highways" shall mean the surface of and the space above and below, any public street, road, alley or highway, within the City 1 r;tio_r_oinOnccsSFinan_N rt s_KeaIinee 0 419 -( <5.1u _ - { Deleted: 3 {Deleted: 4 - { Deleted: 5 Deleted: r Formatted: Font: 10 pt, Do not check spell'_ng or grammar / Deleted: 0 ' ` + Deleted: I I 4 Deleted: G:1C\Cny of Spokane Valley , 14324VOrdinmiceffnicchiseekrmnn 1, Networks Rcdlinc 05- 04- 03.doc Deleted: G: CSCity of Spokane Valley I4324SChdinanccararxliitesME oan Networks Redline 05.09.03,doe Inserted: C:1C'.City of Spokane Volley I43241OrdinanccsTnunchiscs .Groan Networks Redline 05-09-03.doc Inserted: G:1C,Ci y of Spokane Valley 143245(rdinnncesJranchis& imam Nttwarka Redline 05-09-03 .doe Deleted: G,1CICity of Spokane Valley 1432410rdinanxs'sranchisrs1Enun N etwarks.do: 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 NETWORKS, a Washington not - for - profit corporation (hereinafter "Grantee "), a franchise for a period ofteveri a) years, beginning 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 "). - ; Deleted: Section 3. Fee. No right -of -way use fee shall be imposed f r the term of_this Franchise:._;\t such time as a right-of-way use or franchise fee may be imposed by a City _ _ - { Deleted: at this time. 1 ordinance, applicable to Grantee, however, the same shall be imposed after sixty (60) days' written notice from the City to the Grantee. ectiUn 4.. Add.it_ional Considera4 n. As addi pnal_consiileration for Grantee placing the distrihtition_s rn within City strem,Qrantee shall_pl:o_ltidetheS no t t Ale sery ices_ofler_ed_to_cusIomers and users under the_E ran chis e._IhheJ?ranch ise servicgs_prc�vided tQ the CiteshalI e .Jtsed onl' r it v put >scs and shall�nIy IZe made available at Cih+ oflice� buildings or facilities, The City shall_pay_costs associated with consIrnetin a_conne_etion_to Grantee's Franchise service. Section S. Recover' of Costs. Grantee shall be subject to all ermit fees associated - Deleted: a 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. En 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 s. Non - Exclusivity. - This Franchise is granted ueon the express condition_, that it shall not in any manner prevent the City froni granting other or further franchises in, under, otl, 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 then or any pare 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. r +t'+ Section /. Nor1- Interference with Existing Facilities. The City shall haveyrior 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 ,e1,' , 1 ‘. 1,\Orciinnnccsll -';man Net orks.Redline05 -.0t- 03.dgs t, 1, 1, Deleted: G:SCi.City of Spokane Valley 14324101diturami5 rtmelsisakEntan Networks Redline. O5419-03.dnc Formatted: Font: 10 pt, Do not rt + + \ check spelling or grammar , p 4 , 1 ; Insetted: G;SCtCity of Spakme Vnlley L73Z4N7cdinNiCC51Ft1ntC [ti5C55FJtf0u +� t, Netwoil:s Redline 05- 09- 0..doc 4 1 Deleted: 0:SetCity ol'Spokane Valley 1432410rdinnn=Wranch iseslftnnn Net arks Redline 01419 -03.tbne Inserted: G:1C1City of Spokane Valley 1 .132450rcliam ceilEr athiseslEman Netwcn Redline 05- 09.03.doe Deleted: G:S,C\City of Spokane Valley 1 4324\ CrclinnnceS\Fraxtch iseslf rnnn Nerwot ks.dcc 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. Rioht to Roads Not Superseded. The City, in the Rrantine of this __- i Deleted: 7 Franchise, does not waive any rights which it now holds or may hereafter acquire, and this Franchise shall not be construed so as to deprive the City of any powers, rights, or privileges which it now has, or may hereafter acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this Franchise, or to go upon any and all City roads and highways for any purpose including constructing, repairing, or improving the same in any such manner as the City, or its represelitatives 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 laving down, repairing or removing facilities or constructing or establishing any other public Nvork or improvement. All such work shall be done, insofar as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of the Grantee under this Franchise. lf, 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 effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. Section. this Franchise of Construction contemplated b ,mix commence within ine this Ordinance, provided that such time limit shall not apply strike or other occurrences over which Grantee has no control. Seetiong. 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 r I 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. r ' 1 � S - 1Ordintlnces \F..man Networks Redliltesa -t9-Q3 slQc 4 h Deleted: » r, Deleted: thirty Deleted: 3 ' Deletetl:9 r, Deleted: shall ' Deleted: G:tiCCCity of Spokzne Valley Construction of the facilities i, ; 1 43245thdiamecslFtanchiseslfnt n 90 days of the effective date of. r r i Networks Ratline9S.09.03.dnc to delays caused by acts of God, ,' :t Dele: G:1ity of Spokane Valley 14324 C\C 10rdioanccsAltanehi estEnn l Networks Redline 05- 09- 03,doc Formatted: Font: 10 pt, Do not check saelEng or grammar Inserted: G:\CSCir; ofSpokarte VaII y 14324 r.OntinacoesTranchisesltinrn Nermarks Redline 05- 09- 03.da. Deleted: G:10.City of Spokane Valley 143 2.0.0rdin=ccs\ t'ranehisuViu]tm O Inserted: G:1GCCity of Spakrme Valley 1432.ocn linancesvninehise41en.an Nev. Redline05 -09.03.doc The plans rnust meet all Federal, State, County and City Codes and the Utility Accommodation Platt 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 enacted by City Council, relating to excavations in public properties of the City, and authorized by the City Engineer. Said rules, regulations, authorizations, and resolutions shall be for the purposes of fulfilling the City's public trustee role in administcrine the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its facilities. ,Grantee is responsible for the su 3en ision, condition, - and quality of the work done, whether it is by itself or by contractors, assigns or agencies. Section 1 Special Construction Standards, During_anvperiod of work relating to Grantee's facilities, all surface structures and equipment, if any, shall be erected and used in such places and positions within or adjacent to public 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 tirne 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: (I) 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 niay be required to contribute to the costs of excavation and filling. Section 1. Restoration After Construction. Grantee shall, after abandonment - - Deleted: 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 IL D ancf Non-Compliance. Any and all damage, or i jury, done ors g 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. 1 ) ‘,,IU_ 1 2iinunt s Etnan Net• ,t't rks Relit ine_05,114- 01.4( Deleted: All t rite City's ectunl rcasonabte ndministrntive expenses directly rela!ul to its adrninistrntina, of public properties under this Franchise. shall be paid by the Grnntee to the City 1211031 invoice, Deleted: 0 ( Deleted: a Deleted: G:1C.City ofSpokene Vnuty 14324101 di,ranttaranch iseetErrw n Networks Rxlline054)- 03.doc Deleted: 0:1C+.0 ty of Spo&nne Vn91ey 1432410rdinmrccs''F nioetriicslE,naa Networks Redline 05- 09.03.doc Formatted: Font: 10 pt, Do not (heck spelling or grammar Inserted: G.'tC'City ofSpotnne Valley 1 :114)OrdinanoesV rschiscslEnten Networks Redline 05 - 09 - O3.doc Inserted: G:VCCCity oI Slwka,t Valley 14324' rdiumrccstFrrntdlises\Fmnn Networks Redline 05- 09- 03.doe Deleted: ci:1CCi!y of Spokane Valley 14324101 innncesW ranchines &anten Ncaworts.dee 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. 11 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 14. Protection of Monuments. 13efore 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 Grantee's operations under this Franchise. The method of referencing these monuments or other points to be referenced shall be approved by the City Engineer. All concrete encased recorded monuments which have been disturbed or displaced by such work shall 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 1 _Obstruction Permits Required, _ Whenever Grantee shall occupy or _ - excavate in any public right -of -way or other public property for the purpose of installation, construction, repair, maintenance or relocation of its facilities, it shall apply to the City for a permit to do so, together with detailed plans and specifications showing the position, depth, and location of all such facilities in relation to existing right -of -ways, roads, streets, or other public property, hereinafter collectively referred to as the "Plans." All work within any public rights - 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, backfill, erection of temporary structures and facilities, erection of permanent structures and facilities, traffic. control, traffic turnouts and road obstructions, and all other necessary information includin,a scheduleor the work. 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. 1 : Dr_ dirtnnoesltuman _Nett.2ri;ittedline 05- (9413Jp _ f Deleted• Section 1, Drainage_ _ If the work done under this Franchise interferes in any way _ --( Deleted: g 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. e r r'. r, I' r � j V Deleted: t Deleted: G:SCtCily or Spokane Valley 1 43241Gt diionceslFranchisulEi mti Networks Redline O5 - 09 - O3.dcn Ir Deleted: G:1C1City of Sptitutc Valley 1 1432410adimutces'Ft anchiscs\Emnn r : Netwar k3 Redline 05- 04.03.dnc rr r : Formatted: Font: 10 p1 Do not r' cheek spelling or grammar r:,' ', Inl sorted: G:SCtClty ofSpok re Valley rr� 143241OriinnncesTrandiscslEtnan 1','1 Networks Redline 05- 09 -03.doc Inserted: G:1OCity arSpolaucc Valley 14324 l6msr Newark Redline 05419 -03.doe Deleted: G :ICiCiIy of spokanc Valley 1 4324%01lirtauees1Fton ises\Etnmt Netwotks.loc Section 17. Maintenance. Grantee shall provide and put in use all facilities necessary_ - - - { Oeleted: g 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 111. Emergency Response. The Grantee shall, within six months of the - - - {oetcted: 2 execution of this Franchise by the Grantee, prepare and file with the City and adhere to an Emergency Management Plan (the "Plan ") for responding to any spill, break, or other emergency condition. The Plan shall designate responsible officials and emergency 24 -hour on -call personnel and the procedures to be followed when responding to an emergency. When developing such Plan, the Grantee shall work with the City Engineer and the City's Police Department to determine when and how the same should be contacted during emergencies. After being notified of an emergency, Grantee shall cooperate with the City and make every effort to immediately respond with action to minimize damage and to protect the health and safety of the public. in the event the Grantee fails or refuses to promptly take the directed action, or fails to fully comply with such direction, or if emergency conditions exist which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 11, Emergency Work. In the event of any emergency in which any of Grantee's facilities break, are damaged, or if Grantee's facilities or construction areas are otherwise in such a condition as to immediately endanger any property, life, health, or safety, Grantee shall immediately inform the City of the location and condition and shall immediately take all necessary actions to repair its facilities, and to cure or remedy any dangerous conditions. Such emergency work may be commenced without first applying for and obtaining a permit as required by this Franchise. However, this provision shall not relieve Grantee from the requirement of obtaining any permits necessary for this purpose, and Grantee shall apply for all such permits not later than the next succeeding day during which the City is open for business. Section,. One -Call SZrstent._ yursuant to RCW 19.122, Grantee is responsible for_' , becoming familiar with, and understanding, the provisions of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 21 Inspections and Fees. All work perforated by Grantee shall be subject tom 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 r reimbursement shall be in addition to any other fees or charges levied by the City. , N,`r /, 8 , 1 ti. banns_ csli: nlatittenwiks_gedlitieS5- 119 -0, tier Deleted: 8 r Deleted: 19 Deleted: q Deleted: Nothing in this Section ar the Franchise shall he ems:reed to peohibin the City (roan innposini any license fcc, tax 01 assessment upon Ottu¢ec which it is specifically nuihorized by IOW to do 50.1 Deleted: G.'1CSCity of Spokane Valley I43241GrdimmnccsSFru, hires lEmnn Networks Redline 05 -09 -03.doc n r Deleted: G:\CICityofspaknne Valley 14324 'iordinances\Frnrr-hiseslEmnn ;; Networks Redline 05- 09- 03.doc Formatted: Forst: 10 pt, DO not check spelling or grammar Insertett: G:10.City of So akz-rc Val ley 1 43245CIt dim:mccsiFnmchim:5%mmr Nctwmis Redline 05.09.03,doc Inserted: CI:SCiCity otSpokrne Valley 14324' L)rditecnecs'Fn altedniic,,Em Netwoks Redline 05.O9.03,doc Deleted: r;;SC:City of Spokane Valley 14324tordinanccs%F, nacddscslEmmt 'ctwo's.doc Section Z . _ Safety. The Grantee, in accordance with applicable federal, state_ and_ _ _ local safety rules and regulations, shall, at all times, employ ordinary care in the installation, abandonment relocation, construction, maintenance, and /or repair, utilizing methods and devices commonly accepted in their industry of operation to prevent futures 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 24. Acquiring New facilities. Upon Grantee's ac9uisition 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. Tn 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 2,k. 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 1 : 30Cdinattce5 11 alq -01.4; 4 r , l r i Deleted: Section _liuildin Nlovint;. Whenever any' person shall have obtainedyermission_ _- {Deleted: 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 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. { Deleted: 3 Section 2,5. Dangerous_ Conditions _ _Authority of C to Abate. Whenever _ - {Deleted: a 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. f Deleted: S. Deleted: G:.C1City of Spokane Valley 143241GddinnncesTnnrc uenlE.man , Networks Redline 05- 09- 03.dire Deleted: G:\CrCity Vallry 1432410rdinmtces \Franchises\Gnan Networks Redline 05.09.03,doc J J Formatted: Font: 10 pi, Do not , check spring or grammar Inserted: G \CCiry of Spokane Valley 1437.4l0rdinmt 'Prnnettis \l3,nnn rr ', Networks Redline 05 -09-03.doc tr r r I , , d r , r /ir • Ii • Inserted: G:\OCityofspokare \rallcy 14324 \6,din:mttsWranchiscsTinaa N cnvarks Rxlai a 05 09.03,drx Deleted: G:1C1City of Spoken c Valley 14324101 dinanwsll'ranchisesTivan Networ s_doe on a periodic basis of its facilities for Hazardous Substances, nor is to remove the responsibility of the Hazardous substance from the Grantee. fn 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 -tip 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 2,7. 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 enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and /or remove any pollution caused or permitted by Grantee, whether said requirement is during the tern of the Franchise or subsequent to its termination. Section 2§,. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its facilities when so required by the City by reason of traffic conditions or public safety, dedications of new 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 same street upon approval by the City, any section of their facilities required to be temporarily disconnected or removed. If the City determiners that the project necessitates the relocation of Grantee's then existing facilities, the City shall: a) At least sixty (60) days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and b) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's facilities so that Grantee may relocate its facilities in other City 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. 1 :l dinanee ill -: m a n_Networks_Kedlinc - l Deleted: { Deleted: Deleted: G :SOCiry ofSpokan valley 14324V0nlinaarxvll'rsnchis lunar Nctwnrls Redllnc01-09 -03.doc Deleted: 0; (,linty ofSpokwn: valley I4 32 4 rdin attu&J'ran c lei scs SL'u,an \etw irk, Redline05-09- 03.dAc , Formatted: Font: 10 pt, 00 not check spet3ing or grammar Insetted: G:1CCi0y of Spo'knne Valley ,, r 143245prdinances ,'' Networks Redline 05 -09- 03.doc r 1 r 1 ,r r r Inserted: G:i.C.City of Spoi ane Valley 143245rhdina„ccsSFr,nct,isesJ Innn Networks Redline 05.09L03.doc Deleted: C:1OCityofSpokane Valley 143245ordinnnccetFranchisesll: man Nctwoats.doc Grantee may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the alternatives is suitable to accomrnoclate the work which would otherwise necessitate relocation of the facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its facilities as otherwise provided in this Section. The provisions of this Section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its facilities by any person or entity other than the City, where the facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 2 Abandonment of Grantee's Facilities_, No facility constructed or owned by .. - t Deleted:8 Grantee may be abandoned without the express written consent of the City. Any plan for abandonment or removal of Grantee's facilities must be first approved by the City, and all necessary permits must be obtained prior to such work. Section 30. Records, As a condition of this Franchise, and at its sole expense, Grantee agrees to provide the City with available as -built plans, potential improvement plans, field locates, maps, plats, specifications, profiles, and records of its facilities within City 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: inspection and copying under Grantee acknowledges that in the Washington formation submitted Public to the City Disclosure Act codified may be subject to ' , in chapter 42.17 RC\V. Grantee shall mark as "CONFIDENTIAL" each page or portion thereof r' of any documentation /information which it submits to the City and which it believes is exempt ', , from public inspection or copying. the City agrees to provide the Grantee with a copy of any k'/ C;}Qrtliannees3EniatL etwat3;s_gcrllinc_O - 0 9_Q 3 -‘ds6 I0 Deleted: Section 25.. Gttnttee'c Maps attd_licystdg After cortswctioa is c,mtp late, and as a condition of this Ftnactise, Galilee shall pi ot'ide to the City nt no cost, n copy of all accurate as. (milt plans, asps and,ccueds' { Deleted: G:1CW:ity of Spokane Valley I4324 ',OrdinancessFrnncdti.seetrunnn Netwntts Kcdlinc 05- 09-03.doc r r eleted: G:tC'.City of Spakanc Valley 14324VOrdinanccsiFrnruhisc ddiinnn . Networks Redline 05- 09- 03.doe Formatted: Forst: 10 pt, Do not check spelling or grammar ''; f Inserted: G'tClCity of Spotnne Valey 14124Whelim :urccslFrrnChiit4ltantut II ', Networks Redline 05- 09- 03_doc 10', Inserted: G'iClCity of Spokane valley 163241.0tdinluxes1FranchiscAE an Networks Redline 05 -09- 03.doc Deleted: G:1CtCity of Spokane Valley 14324 F,anchi3eNTatuut Networks.doe 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 RCW 42.17.330. Section 31.. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street for a period of five (5) years absent emergency circumstances, unless otherwise agreed by the City. Section 32. 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 tenns 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 welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of constnlction 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 Deleted: G:1G�f it}'of5pnkmm Valli agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and 14324 representatives from any and all claims, costs, judgments, awards or liability to any person, ;'s Networks Redline O5.O9.03.doc including claims by Grantee's own employees to which Grantee might otherwise be immune Inserted: s :rG c n� �nn under Title 51 RCW, arising from injury or death of any person or damage to property of which ; Networks Redline -09-03.doc the negligent acts or omissions of Grantee, its agents, servants, officers or employees in Inserted: G 1C1Cir; of Spokane. Vnlry performing services under this Franchise are the proximate cause. Grantee further releases, ' 14324LOn1frmcresTranchisas5&nan covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its Ncnrorls Redline0509A3,doc officers and employees from any and all claims, costs, judgments, awards or liability to an y , 4 3'+4 :0:1 l Valle Netwoes:s.doc 1 e ti,l0rdinante email et}S cs_RcdligN l l - Oa.clor, 11 Deleted: O:\OCityof Valley r 43 24U)ralinanos\Franchises \Gnarl Networks Redline 05 -09- 03.doc Formatted: Font: 10 pt, Do not check spelling or grammar person, including claims by Grantee's own employees to which Grantee might otherwise have immunity under Title 51 RCW, arising against the City solely by virtue of the City's ownership or control of the rieeht -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 employees in barricading, instituting trench safety systems or providing adequate warnings of any excavation, construction, or work in any public right-of-way or other public place in performance of work or services permitted under this Franchise. Inspection or acceptance by the City of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. In the event that Grantee refuses to accept the tender of defense in any suit or any claim, said tender having been made pursuant to the indemnification clauses contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this indemnification clause. Should a court of competent jurisdiction (or such other tribunal that the parties shall agree to decide the matter) determine that this Franchise, or work conducted under authority of this Franchise, is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Grantee and the City, its officers, employees and agents, Grantee's liability hereunder shall be only to the extent of Grantee's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section 35 shall survive the expiration or termination of this Franchise agreement, for a period of three (3) years. 1 r S.: adintmcest tntmAet. 2t sJ2edliee O5- 0913j.1 s 12 'r r r J,, Section 36. Insurance. Grantee shall procure and maintain for the duration of the Franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted p hereunder to Grantee, its agents, representatives or employees. Grantee shall provide a copy of f ';,' ' such insurance certificate to the City for its inspection prior to the adoption of this Ordinance, ,1 ,1 , i Deleted: WICACity of Spoknnc valley 1 4324b)rcl inn nce&.Frnnclrists &fit i art New ar is Redline 05 -09- 03.doc Formatted: Font: 10 pt, Do not dtec11 spelling or grammar Deleted: G:1CiCity or Spokane Valley 1 43245anlierm etsW i wtdr iscsiErr nn Nctwt:As Redline 05.09.03.dee Inserted: G:1Ctcity of Spokmrc Volley 143241(hdinnncesTrnnchiscslEman Networks Itedline 05 -09-03.doc Inserted: G: CiCity ofspokzes Valley 14 i2 4'Ord i oar c esSF rnrrctr is ci l oan Netwo>'ts Redline 05- 09- 03,doe Deleted: G;IOCityafSpokane Valley 1 4 3241 Ord in a ttoesWFr_n c h i ses SEnc.a1 Nemnrks.doe and such insurance shall evidence: 1. Automobile Liability insurance with limits no Tess than $1 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 $1,000,000 Combined Single Limit per occurrence and $2,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; productstrcompleted operations; broad form property; explosion, collapse and underground (XCU); and Employer's Liability. Any deductibles or self - insured retentions must be declared to and approved by the City. Payment of deductible or self - insured retention shall he 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 coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. In addition, the insurance certificate shall contain a clause stating that coverage shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. Grantees insurance shall be the primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance maintained by the City, its officers, officials, employees or volunteers shall be in excess of Grantee's insurance and shall not contribute to it. The insurance certificate required by this clause shall be endorsed to state that coverage shall not be suspended, voided canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City, its officers, officials, employees or volunteers. Section 37. 13ond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, Grantee shall, upon the request of 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 he conditioned so that Grantet shall observe all the covenants, terns 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. :10rdinanceslgrnan_t tsy_ixl:s_Redline _05- Ur) -0't dos 13 r t rr • Deleted: G:C,City ofSpokuttc Valle 14324101 dinamesl' rat cItistslEman Networks Redline03-09-03.doc Formatted: Pont: 10 pt, Do not check spe Ing or grariirnar Deleted: G:'QCityofSpokane Valley r rr 143 241Ordinances\Prattchists\ Eta an er \ etwurka Reline 0549433 AMC p rr inserted: G:\OCity of Spokane Valley r 1432 4,01dtnanees'J'rtnelt tsrstl:ntan Networks Redline 03 -09-03.doc Inserted: (IX-CO), of Spoken:: Volley 143:4tAt dinanccs \PtaaelrisesTinan Networks. Redline 0S- 09 -03.doc Deleted: C;iCCCity or Spokane vullcy 1432410rdinaneestrianchises'E ran Nenw,tks.doe Section 39. Compliance With New Regulations. The City reserves for itself the right to change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane County and/or City regulation, Utility Accommodation Plan, or right of way regulation, State and National Codes Standards, and Regulations as may hereafter be enacted, adopted or promulgated. If the Grantee fails to comply with its terms and conditions, or if the Grantee fails to comply with such changes, amendments, modifications, and /or amplifications, this Franchise may be terminated at any time upon ninety (90) days' written notice to the. Grantee to terminate this Franchise and upon termination the City shall have a lien upon all equipment and materials erected or placed under this Franchise, which lien may be enforced to reimburse the City for any reasonable expenses and payments incurred in terminating this Franchise and to cure defaults by the Grantee. Section 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 Franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply willl the provisions of this Franchise and to recover damages and costs incurred by the City by reason of Grantee's 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 security interest in the facilities of the Grantee to secure any financing or refinancing. shall constitute an assignment of this Franchise for which written approval would be required. In the case of the transfer or assignment as collateral for a mortgage or other security instrument in + +'hole or in part to secure indebtedness, such consent shall not be required unless and until the secured party elects to realize upon the collateral. Grantee shall provide prompt, written notice to the City of any such assignment. Section 42. Costs of Publication. The cost of the preliminary and/or final publication of this Ordinance and/or its Ordinance Summary 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 be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the five clay period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 44. Survival. All of the provisions, conditions and requirements of Sections: 5, 11, 24, 25, 34 and 48 of this Franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute by ordinance, or by contract, and shall survive termination of this Franchise, and any renewals or extensions hereof. All of the provisions, conditions, regulations and requirements contained in this Franchise shall further be 1 4 S,lnrdinanceslHmfln Networks Redline05- (9- Q;,,doc 14 t Formatted: Font: 10 pd, Do not check spelling or grammar Deleted: G;'rOCiiy of Spokane valley 14324101 dittauoestrrare Irisc.Mtitun Networks Redline 05419 -03 .doe Insetted: G'.1C,Ci y of Spoka,te Valley :1 'i; t03:J1,O,Ai,mti,ees 'rnnehls- Minruf Network; Redline 05 -09-03.doe t';:; 01 ,', r r . r Deleted: G:tCteiiyof Vtdky r / a r r 1432 •IlOntinaoesSFmnchiaes1Eman \ etworks.doe r , r• rr rr r r Deleted: G;SClCity ofSpokcs,e volley 14324\0 dinanxs'J'ranchisesSEruan Nclwarks 12edtiu-05-09 -03.doc Inserted: G .C,City of Spokane Valley 143 Lp rhdinameNNFranchirnNlinran Networks Redline 05-09-03 .doe 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 as 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. In the event that any of the provisions of the Franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the Franchise and may amend, repeal, add, replace or modify any other provision of the Franchise, or may terminate the Franchise. Section 46. Renewal. Application for extension or 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 this Franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this Franchise is either renewed or terminated by the City. Section 47. Notice. Any notice or information required or permitted to be given by or to the parties under this Franchise may be sent to the following addresses unless otherwise specified, in writing: The City: With a Copy to: Grantee: A_1 ,tdillanecsit'lnan_i\' tiv.or a_Redtine.Q5- 09- 0.4.des City of Spokane Valley Attn C y Clerk 11707 F. Sprague Spokane Valley, WA 99206 Ci>;�r of SpaaLa.Ui j 'blic W orks Direct( 1 1 "07 rauc. �4rzs2kane valley, WA992 E 1AN Networks Alin: 2509 33rd Ave. S.F. Puyallup, WA 98374 Section 48. Choice of Law. Any litigation between the City and Grantee arising under or regarding this Franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts, in the United States District Court for the E=astern District of Washington. Section 49. Non - Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of _ - { Deleted: Ruth MuIk, Deleted: Stanley ScIis' :ti Deleted: Witherspoon, Kelley. Dave ipon R "Poole, P.S. 1 Deleted: 422 W. Riverside, Suit 1100 , , {DcIcted: Spoktum. WA 99201 { Deleted: 1 r ' Formatted: Indent: Left: 1 rt r rr rr Deleted: G;SCtCity ofSpol - .ate Vnlley 14324 4Ctrdittances'.Frmichiscs'Esit ri elwurks Raltii 05.09.03.doc Deleted: G:SCtGty ofSpokx:tc Valley l4324\0t lit +t.�ecskrzanchiseske,n.ta Nctwolks Red ir O5419- 03,doc Formatted: Font: 10 pt, Do not et check spelling or grammar r , •J,` Inserted: G:'CCity ofSpokkxle Valley r 14324K0tdineucesSPtnnthIscAltu m rj r z r Networks Redline 05- 09- 03.doc r'� r r Inserted: G:tC.City of Spok=e Valley 143241OrdimmceOnme tises''Entnn Nctwotks Railinc 05.09- 03.doc Deleted: 0:1(. of Spoknue Vnile: 1 43245QrdiemtcesSF rundt isesJZmnn Nctworks.doc this Franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this Franchise by reason of such failure or neglect. Section 50. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject natter herein and no other agreements or understandings, written or otherwise, shall he binding upon the parties upon execution and acceptance hereof. This Franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the County roads as herein described. 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: PASSED by the City Council this day of May, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: 1 5_: ]Qrdinnnqzs}Finan_NetworksRedline O5- O9_- O:1.110S Mayor, Michael DeVteming Deleted: G::QCityofSpan= Voll:y 1432 410rdinar✓+!slFrancltis^rAEnran Networks Redline05-09- 0s.doc Formatted: Font: 10 A Do not check spelling or grey anar Deleted: G:VCCity o1'Spok x v Valkv ,s 14324101dinxaxslFranchiscslEntan r�r Networks Ral7ir_ 0549.03.dnc , Inserted: G:SCCity of Spokmc Valley r r 14324'OrdioanccsAir u. hiscs'1Fmr Elwin if r; , Net alts Redline 05- 09- 03.doc or. • r , , Inserted: G:ICtCity of Spokane valley 1.1:24'∎Ordinnaecs1Fn n hisee,Emnn Network Redline OS- 04- 03,doe Deleted: CO.CSCitvofSpoknne Vann I 43245kdinruiccffrandisesVInan NMHorks.doc Ruth Muller FYI. From: Stan M Schwartz [sms @notes.wkdtlaw.00m] Sent: Friday, May 09, 2003 7:22 AM To: Ruth Muller; Dick Warren Subject: Re: Stormwater Agreement -- Forwarded by Stan M SchwartzAM(DT on 05(09/03 07:09 AM — Stan M Schwartz 05(09/03 07:17 AM In response to you letter. What "relevant ordinances" is the agreement referring to ? The CV has created a stormv1ater utility modeled after the County and the CV has adopted the County Guidelines for Stormwater Management I do not believe there are significant special control or "high risk" control areas in the City. Even if there are I think the City can deal with these on a case by case basis. "Emacio, James" <JEmacio @spokanecounty.org> 05(07(03 04:45 PM Stanley: To: "Emacio, James" <JEmacio@gspokanecounty.org> oc: Subject: Re: Stormwater AgreementL To: "'sms a�wkdtlaw.00m'" <sms @wkdtlaw,com> cc: "Sims, &anda" <BSims @spokanecounty.org> Subject: Stormwater Agreement Attached is a letter and revised agreement consistent with the letter. If you have any questions after your review of the letter, please give me a call. Jim «schwartz stan - stormwater 050703.DOC» «Valleystormwater.doc5603.doc» 5/9/2003 Page 1 of 1 May 7, 2003 Mr. Stanley M. Schwartz Attorney At Law 1100 US Bank Building 422 West Riverside Avenue Spokane, Washington 99201 -0302 Re: Interlocal A. regiment Between Spokane County anf.Sp d City o okune Valley or Storrmvater A9anagement Services Dear Stanley: County staff has had an opportunity to review the City's proposcd changes to the County's draft of the above- referenced Agreement. The following changes are acceptable: 1. Suggested change to Section 4.3; 2. Suggested change to Section 5; and 3. Suggested change to Section 6. The County does not, however, agree to your proposed change to the first paragraph of Section 4. It is the County's view that we cannot nor will we perform any requested service which we believe requires the City to have enacted an appropriate code/ordinance. Moreover, such code /ordinance must be consistent with the County's code /ordinance. For instance, in looking at the items enumerated under Section 4, the City would L have to enact an ordinance similar to the County's with respect to item 4.3, 4.4 and 4.5. Accordingly, I have modified Section .4 to insert the County's original language as well as additional clarification. Likewise, I have modified subparagraph 4.2 to insert the. terminology "current year (2003)." V The enclosed Agreement contains a finalized copy with your proposed changes as accepted by the County and a revision to the first paragraph to Section 4 referenced above, as well as Section 4.2. County representatives are not willing to execute the Agreement unless it is consistent with the enclosure. Sincerely yours, JAMES P. EMACIO Chief Civil Deputy Prosecuting Attorney Enclosure Cc: Brenda Sims v G $t Z N L stc (/)/ H:1uia rxacz sunnomr zur 05 7O3,DOC Return to: 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 \Vest 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." Page 1 of 8 Daniela Erickson Clerk of the Board 11 .6 West Broadway Spokane, Washington 99260 [NTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES WITNESSETH: WHEREAS, 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 PAR11ES 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 PAR 1I S that Services to be provided by COUNTY will be consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO. 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. SECTION NO. 3: TERMINATION 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 (1) COUNTY staff resources are available and if (2) CITY has adopted relevant stormwater related code (s), as deemed necessary by the COUNTY to provide the requested service, which code(s) must be consistent with County stormwater code(s), 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: Page 2 of 8 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 current year (2003) Underground Injection Control (UIC) Program Requirements. 4.3 Providing development review support in sensitive stormwater/high groundwater areas prior to permitting by 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 Swale 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 are acting as an independent contractor and all decisions on project design and costs shall be coordinated with the CITY Public Works 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 labor and expenses for each Service for which work has been performed. The PARTIES recognize that the hourly rates for COUNTY Staff, as set forth in Exhibit 1, may change during the term of this Agreement based on salary increases, COLA'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 rate 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 Page 3 of 8 provided during the preceding month. Payments by CITY will be due by the 5th of the following. 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. In 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 overpayment by the City shall be refunded with interest based upon the interest paid 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 long 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 Page4of8 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 their 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 same. 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, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY 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. 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 to 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 less than $5,000,000 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 matters 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 ADMTNI.STRATION 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 COUNTY 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 - WAVER 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 PAR l'IES 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 terms of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the PARTIES. SECTION NO. 16: GENERAL TERMS This Agreement contains terms and conditions agreed upon by the PAR 'II.ES. 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 PAR I I.ES 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 performance. 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, Washington. SECTION NO. 18: SEVERABILITY 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 State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as Page 6 of 8 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 CITY under the terms of this Agreement 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 ROW for copies or viewing of such records as well as COUNTY'S response thereto. Upon termination of this Agreement, 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 COUNTTY 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 WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PAR I t.S. The PA.RTIE.S 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 time -to -time designate by notice in writing to the other PARTIES. Page 7 of 8 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON A1'IEST: VICKY M. DALTON CLERK OF THE BOARD BY: DATED: Attest: Daniela Erickson, Deputy City Clerk (Title) Approved as to form only: Acting City Attorney Page 8 of 8 JOHN ROSKELLEY PHILLIP D. HARRIS, Chair M. KATE MCCASLIN CITY OF SPOKANE VALLEY: By: Its: Classification Hourly Salary Hourly Benefits Multiplier Hourly Rate Administrative Specialist 2 15.92 6.45 1.93 43.17 GIS Technician 17.86 7.23 2.23 55.95 Land Development Coordinator 18.77 7.60 2.23 58.80 Engineering Tech 2 20.43 8.27 2.23 64.00 GIS S )ecialist 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 1NTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES Hourly Rates for County Stormwater Utility Staff SERVICE PROVIDED COMPENSATION LIMITS Problem Maps/Complaints Database $6,000 Inventory, Maps, Drywell Registration $39,000 Development Review /High Risk Area Administration $20,000 Maintenance Records $10,000 Billing File Maintenance $20,000 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 Exhibit 3 TO AN INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORM\VATER 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 i.n 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 stormwater 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 stonnwater 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. The 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. Testimony provided to the City of Spokane Valley Regarding a Motion to contract with Spokane County For services related to Stormwater 5 -13 -03 Dear i\lr. Mayor and Council Members: On behalf of the Spokane Home Builders Association and the Spokane Association of REALTORS®, we respectfully submit the following comments regarding the motion before you to contract with Spokane County for Stormwater Services. It is our hope that you would consider our extensive experience in dealing with stormwater related issues prior to the passage of this motion; item 12. E. 3 titled Agreement CO3 -36. The Utilities Department and specifically the division of Stormwater Management posses the most formidable obstacle to business in the region. There could not be a clearer example from a regulatory standpoint of the impetus for Spokane Valley to have incorporated. It is therefor of sincere concern to us that you would choose to contract for services with this particular Department. We too, recognize that this may be the best alternative for the interim for the reasons enumerated by your staff but we strongly encourage you to explore other alternatives and if necessary, approve this contract with the understanding that it will be short -term. With regard to specific concerns on the document before you, we would like to point out the following concerns for your consideration. Page 2 Section 2 DURATION Understanding the need for administration of stormwater related land use actions it is our recommendation that if you do opt to contract with Spokane County that you would limit the term of this contract to December 31, 2003. This should be ample time to establish the necessary staffing to provide your own stormwater services, but not too long to cause the business community extreme heartburn and quite possibly deter them from coming to Spokane Valley. Page 2 Section 4: SERVICES PROVIDED It is our recommendation that you do not agree to the terms of this section that Spokane Valley "adopt all relevant stormwater related codes as deemed necessary by the County" as required by this section. With the most onerous Ordinance in the region if not the state, a draft variance provision that by the admission of their own staff does not work and the mandate for evaporative ponds as large as 18 acres in size, one would be hard pressed to find a good reason for agreement to these terms. At a recent national conference, one engineer discovered that Spokane County was the only jurisdiction measuring runoff in volume and by their estimates this was cause for mitigation measures in excess of 1 0 times that which is regulated in other jurisdictions. if the county would be operating as an independent contractor as indicated in Section 5, then there can be no legitimate reason why as your agent they could not administer your (not their) rules for how to govern stormwater management in Spokane Valley. This is a dangerous precedent and we caution the Council to not accept these terms. Page 7 Section No. 20: RECORDS This has little relevance to the building industry, but on behalf of all business and the concerns of the citizens of Spokane Valley, we recommend that you oppose the requirement to pay for copies of all records produced by the work that Spokane Valley pays for. As an independent contractor operating for the benefit of Spokane Valley, the County should, as a course of nonnal business practice, maintain files at your offices for access and review by yourselves and your staff. It appears that the multiplier factor for wages would more than compensate for the cost of paperwork that by their own admission they have no interest in when negotiating contracts for other services. In conclusion, we urge the Council to table this motion for two weeks so that you might closely weigh all other options prior to contracting with the County for Stormwater services. Should that prove to be the most solvent short term solution then we hope that you would give equal consideration to the points we have provided the Council today with respect to the details of that contract. Thank you so much for the opportunity to provide comment on this issue. There are few issues that the housing community feels as passionate and concerned about as this related to stormwater, because of the adverse effect it is having on the ability to provide an affordable product. Sincerely, Mark Richard Government Affairs Director Spokane Home Builders Association Spokane Association of REALTORS® 532 -4990 Ruth Muller From: Steve Taylor Sent: Tuesday, May 20, 2003 10:29 AM To: Mike Devleming; Diana Wilhite; Mike Flanigan; Richard Munson; Dick Denenny; Gary Schimmels Cc: Dave Mercier; Ruth Muller; Stan McNutt; Dick Warren; Jim Harris; Greg McCormick; Dick Thiel Subject: Valley Couplet To Council, Manager and Staff, :F11= d=6 =.reate=Jai l fi m7 pii_�v {f inetiit_l Ianain our Council packet for tonight's study session, 1 have some questions regarding the postponement of construction for the Valley couplet to 2008 -09. The county's current plan had construction on phase 2 (University to Evergreen) starting in 2003 -04 with the remaining phases to be completed by 2008 -09. Now, 1 understand that we still have a planning process to complete prior to going further on the couplet, but 1 am opposed to postponing the next phase of this project for 5 years. The couplet has been fought and debated over for many years and the decision was _Wade to construct the project. Before this council stops the progression of the existing schedule (giving pause, however, for the planning process to take its course), we need to have the public hear our opinions on this popular project. As a sidenote, 1 had a brief discussion with Lee Walton the last time this issue came before us in a study session. Lee said that it may be possible to have the Planning Commission deal with the transportation element of the plan up front and address the couplet issue sooner rather than later so as not to unnecessarily delay construction. would like to know whether this can truly occur and what steps need to be taken to head down that path. Thank you. Steve Taylor 1 • •. City of Spokane Valley Six -year Transportation Improvement Program 2004 -2009 1. 16th Avenue- Project 2 This project will reconstruct 16th Avenue from Dishman Mica Road to SR 27 (Pines Road). The road will be a three -lane arterial similar to the improvement constructed on 16th Avenue last year. Cost $ 1,932,000 in construction funds including TIB and federal funds. City share $260,000. 2. Park Road- Project 2 Park Road from 8th Avenue to Appleway Blvd. will be reconstructed as a three -lane, curbed arterial with sidewalks. Cost $782,000 of construction funds including TIB grant funds.. City share $156,000. 4. Evergreen Road This is the completion of the 2003 Evergreen Road project. This work will construct curbs and sidewalks and complete the paving. Cost $831,000 including TIB grant funds. City share $$166,000. 5. SR 90 /Pines /Mansfield Project This is a joint project between the City, WSDOT, and private developers. It will move the signal at Indiana to the Mansfield Intersection reducing congestion on Pines Road. The project will reconstruct the westbound on -ramp aligning it with Indiana to the east. This will close the access to Montgomery Road, which will end in a cul- de -sac. The westbound off -ramp will be connected to Indiana Avenue. Cost $3,134,000. PE and RNV in 2004. Construction in 2005. Funding shortfall approximately $330,000 for 2005. It is anticipated that federal funds will fill the shortfall. City share $55,000. 6. Barker Road Barker Road will be constructed to full arterial standards from Mission Avenue to Euclid Avenue with either three or five lanes as determined by a traffic study. Curbs and sidewalks will be included. Costs shown here are for a three -lane arterial. Costs $ 229,000 for PE and RAN only during 2004, additional RNV in 2005 of $375,000, and construction occurring in 2006 estimated at $1,201,000. City share $244,000. 7. Barker Road Bridge This project will reconstruct the Barker Road bridge over the Spokane River. Widening of this bridge is needed because development in the area has increased traffic volumes. The bridge deck needs immediate repair but it is recommended that funding to replace the bridge be sought. Cost $229,000 in 2004 for PE, and $6,852,000 split between 2005 and 2006. The BRAC funded $1,000,000 to rehabilitate the deck this month. It is suggested that the City work with BRAC to fully fund the bridge replacement. City share $1,453,000. 8. Park Road Grade Separation This project is a part of the Bridging the Valley program. It will construct bridges to take traffic from Park Road over the BNSF tracks near Trent Avenue. The County has applied for funding through the Freight Mobility Strategic Investment Board (FMSIB). However, it has not risen high enough on their list to be actually funded. We would anticipate that the BNSF, TIB, and possibly WSDOT could be funding partners with the City on this project. Cost: $ 2,450,000 in 2005 and $7,046,000 in 2006. City share 9. Park Road This project would reconstruct Park Road from Broadway Avenue to Indiana Avenue. This will be a five -lane arterial with curbs and sidewalks linking Broadway Avenue to the new overpass at the BNSF tracks and Trent Avenue. This project is not funded but is a possible candidate for AIP funding under the TIB. Cost: $1,255,000 in 2005 and 2006. City share $543,000. 10. Appleway Blvd Reconstruct Appleway Blvd to five lanes with curbs and sidewalks from Tschirley Road to Hodges Road. Cost $5,127,000 spread over 2005, 2006, and 2007. City share $ 694.000. 11. 32nd Avenue Reconstruct 32 Avenue from SR 27 to Best Road (City Limits). This road would be a three -lane arterial with curbs and sidewalks connecting to a County project at Best Road that will continue the improvement to Sullivan Road. Cost $904,000. This project is not funded at present time. City share $199,000. 12. Evergreen Road Reconstruct Evergreen Road from 32 Avenue to 16 Avenue. This improvement will match the three -lane street being constructed in 2003 and 2004. I would connect to the 32 Avenue project on the south described above. This project in not funded. Cost $2,500,000 spread over years 2006, 2007, and 2008. City share $500,000. 13. FloraISR290 (Trent Ave.) This is a WSDOT safety project to prevent southbound vehicles from tuming left onto SR 290. Cost is about $13,000. 14.. Barker Road This project widens Barker Road from Appleway Blvd to Mission Avenue. It is anticipated that this improvement would consist of three lanes with curbs and sidewalks. Cost $1,500,000_ This project is not funded. City share $ 204,000_ 15. Barker Road Eighth Avenue to Appleway Blvd. This project wilt construct Barker Road to a three -lane section_ Cost $1,500,000, This project is not funded_ City share $201,000. 16. Sullivan Road Bridge Reconstruct the west bridge over the Spokane River. This bridge would be widened to accommodate traffic turning west onto Indiana Avenue. Cost $8,000,000_ This would be spread over 2006, 2007, and 2008. City share $1,601,000. 17. Barker Road Reconstruct Barker Road from Euclid Avenue to SR 290 (Trent)_ The section will be three lanes wide and cost approximately $1,700,000, This project is not funded. The cost would be spread over years 2007, 2008, and 2009_ City share $235,000, 18. Flora Road This project will construct Flora Road to a three -lane section from Sprague Avenue to Mission Avenue. Programmed for years 2007 through 2009. Cost $2,500,000, This project is not funded. City share $338,000. 19. Valley Couplet- Project 2 Construct a one -way street from University Road to Evergreen Road. This will be the same width and number of lanes as the existing Appleway Blvd to the west. Cost $1,644,000 for PE and RN/. This project is partially funded_ A grant was secured from TIB, WBDT has promised funding to cover half the cost of the Pines Road/ Appleway Blvd concrete intersection and signals_ The remainder of the grants will have to come from federal grants_ Programmed to begin PE in 2008 with RV and construction probably in 2009 and 2010. City share $100,000. 20. Valley Couplet- Project 3 Construct a one -way street from Evergreen Road to Sullivan Road. This will be the same width and number of lanes as the existing Appleway Blvd to the west. This project is programmed to be done concurrently with Project 2. City share $228,000. 21. Bowdish Road Construct a three -Jane arterial with curbs and sidewalks from 32 Avenue to el Avenue. Planned for 2008 and 2009 design and construction. Cost approximately $1,700,000. City share $342,000. 22. Valley Couplet- Project 4 Extend the one -way Appleway Blvd. from Sullivan Road to Sprague Avenue at Tschirley Road. This project will finish the couplet project_ 2009 partially covers PE and RAN with construction in later years. Cost $404,000. City share $54,000_ 23, Sullivan Road Reconstruct'to seven lanes frorr7 Euclid Avenue to Wellesley Avenue. Widen bridges at the Spokane River, UPRR, BNBF, and SR 290 (Trent). 2009 would begin PE at a cost of $93,000, City share $93,000. A YEW READ PLAN VAT 1tl ThE elTv OF sin:WA r& VALLEY J�5i1 ■ = y ,wrw *Mt hrmniall �Pd i Ap= jab • STEVEN J. TUCKER PROSECUTING ATrORNEN' S .P O K A Nt E March 26, 2003 Mr. Lee Walton, Acting City Manager City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 Dear Lee and Ruth: L r' 1 l — tfliic -,x`'41 e Mt rte v14 OFFICE OF PROSECUTING ATTORNEY County -City Public Safety Building MS PSIS -1 1 116 W. Broadway Avenue Spokane, WA 99260 -0270 (509) 477 -3662 • FAX: (509) 477 -3409 Ms. Ruth Muller, City Clerk City of Spokane Valley 11707 East Sprague Avenue, Suite 1.06 Spokane Valley, Washington 99206 Re: Interlocal Agreements With Regard to (I) Pretrial Services, (2) Probation Services, & (3) District Court 1 thought it might be a good idea for me to share with you certain changes which have been made to the above referenced documents and which are included in the documents executed or under consideration by the Board of County Conunissioners. The executed documents are enclosed with this correspondence. PRETRIAL SERVICES (executed and enclosed): The original draft set forth the 2003 compensation in the amount of 525,501.00. This figure was in fact a twelve (12) month time frame. In the final draft, this figure was reduced to 519,126.00 representing a nine (9) month time frame. This change should not create a problem. PROBATION SERVICES (under consideration and not enclosed): The original draft indicated that the assessment fees collected from individuals receiving Probation Services under the terms of the Agreement would be sufficient to cover all costs. Although, that will more than likely be the case, I have reformatted Section 3 (Costs for Probation Services) so that it is consistent with the format in the Public Defender/Prosecutor Agreement. The Agreement provides that the estimated 2003 Probation Services costs to the City will be 5165,711. Although the County anticipates that the assessments collected from participants will equal this amount it is possible that assessments may exceed or, in fact, may not meet this projected cost. I believe applying the same format as used in the Public Defender /Prosecutor Agreement with regard billing/adjust and settle is in both Parties best interests. 0 Criminal Deparuncnt MS PSB -1 110D W. Broadway Avenue Spokane, WA 99260.0270 (509) 477 -3662 • I ;AX: 477 -3.409 0 Civil Department MS PSI3 -I 1115 W. Broadway Avenue Spokane, WA 99260 - 0270 (509) 477.5764 • FAX: 477 -3672 0 Family Law 1kputrrrtnt MS I'S13 -I 1124 W. Riverside, Lower LEvel 2 Spokane, WA 99201 (509) 477 -3662 • FAX: 477.3409 I)nry/Property Department MS PSB -1 721 N. kfferswr Spokane, WA 99260.0270 (509)477.6416 • FAX: 477 -6450 0 Juvenile Department MS PSIS -I 1208 W. Mallon Avenue Spokane, WA 99260-0270 (509) 477.6046 • FAX: 477 -644-4 L. • Mr. Lee Walton, Acting City Manager Ms. Ruth Muller, City Clerk March 26, 2003 Page 2 DISTRICT COURT (executed and enclosed): The Accounting Department provided me its comments on the District Court Services Agreement Tuesday afternoon. They recommended more specificity be included in the Agreement concerning the County/Courts responsibility to remit to the City fines, penalties, court costs and other fees collected by the Municipal Court. The original language in the Agreement provided as follows: SECTION NO. 4: SERVICES PROVIDED COURT shall operate the Spokane Valley Municipal Court (hereinafter "Municipal Court') for CITY. The A?.itnicipal Court .shall have jurisdiction over matters arising from CITY'S ordinances, as provided in RCW 3.46.030, as well as those matters CITY is financially responsible for pursuant to RCW 39.34.180. COUNTY, cis provided by law, shall distribute all fines, penalties, court costs and other fees collected by the Municipal Court under the terms of this Agreement that are owing and due to CITY. Such moneys .shall be distributed to CITY within the same time frame that COUNTY distributes moneys other municipalities /agencies. CITY shall be responsible for distributing the proportionate share of said ► noneys to the appropriate state agencies as required by law. The revised language in the Agreement, which includes more specificity, provides as follows: SECTION NO. 4: SERVICESPROVT_DED /COLLECTION OF REVENUES COURT shall operate the Spokane Valley Municipal Court (hereinafter "Municipal Court") for CITY. The Municipal Court shall have jurisdiction over matters arising from CITY'S ordinances, as provided in RCW 3.46.030, as well as those natters CITY is legally responsible for pursuant to RCW 39.34..180. As part of the Court Services to be provided under this Agreement, COURT shall collect and remit to the CITY all fines, penalties, costs and assessments generated by CITY cases with a filing date subsequent to the effective date of this Agreement which are owing and due to CITY. Revenues collected shall be remitted to the CITY'S designee no later than the 10` day of each month for the previous month. The CITY shall be responsible for remitting Washington State's share of the revenue to the State. The ntonthly reconciliation shall include a JIS computer- generated remittance advice listing the CITY as a separate jurisdiction within. COURT. Mr. Lee Walton, Acting City Manager Ms. Ruth Muller, City Clerk March 26, 2003 Page 3 This change included in the final document executed by the Board of County Commissioners should not create any problems. In fact, I believe it is in the City's best interest. If you have any questions with respect to these changes, please feel free to contact me. Sincerely yot AMES*. ► CIO 1 Deputy Prosecuting Attorney Enclosures (City Clerk only) cc: Stanley M. Schwartz (w /o enc.) 0:1Letters\Walton- ltr- 032603.DOC Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR PROBATION SERVICES FOR THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31, 2004) THIS AGREEMENT, made and entered into by and among the Spokane County District/Municipal Court, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT," Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the COURT as "COUNTY," and the 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 "PARITIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 12:01 A.M. March 31, 2003, as its official date of incorporation and upon that date will commence 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 will transfer from COUt\TTY to CITY; and WHEREAS, chapter 39.34 RCW (lnterlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and Page 1 of 8 WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County District/Municipal Court consists of one district encompassing all of Spokane County; and WHEREAS, the Spokane County District/Municipal Court has entered into an Interlocal Cooperation Agreement with the City of Spokane wherein the City of Spokane provides managerial and administrative support for the Spokane County District Court Probation Services Department ( "Department "). The Department is funded by monthly assessments established by the COURT under RCW 10.64.120 which are paid by persons receiving probation services; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County District/Municipal Court Probation Services Department for the purpose of providing probation services as directed by the Spokane County District/Municipal Court for (i) misdemeanor or gross misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley and/or (ii) a violation of the City of Spokane Valley's ordinances. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, the PARIIES do hereby agree as follows: SECTION NO. is PURPOSE The purpose of this Agreement is to set forth the PARTIES' understanding as to the terms and conditions under which COURT will provide Probation Services to CITY. For the purpose of this Agreement "Probation Services" are further described in Section No. 4 herein below. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 14 of this Agreement. SECTION NO. 3: COST FOR PROBATION SERVICES CITY shall pay COUNTY the actual costs for Probation Services provided under this Agreement. Actual costs will be billed on an hourly basis for services performed by Probation Officers and Support Staff. The hourly charges for each classification will be composed of the following four elements: Page 2 of 8 (i) "Direct Cost per Hour" for probation officer and support staff positions; (ii) "Indirect Cost per How" calculated by applying the percentage rate established by County Administrative Services Department for each calendar year to the "Direct Cost per Hour" for the positions of probation officer and support staff, (iii) "Admin per Hour" for supervision of probation officer and support staff; and (iii) "M & 0 per Hour ". Attached hereto as Attachment "A" and incorporated herein by reference is a breakdown of the hourly rates for the positions of probation officer and support staff for calendar year 2003 showing all the above components. The same methodology used to establish the 2003 hourly rate will be used to establish the 2004 hourly rate. The "Total Cost Per Hour Per Employee" for the positions of probation officer and support staff may increase or decrease during any calendar year as well as during the term of this Agreement as a result of labor contracts, COLA's and /or salary increases/decreases which will affect Direct Cost per Hour, Indirect Cost per Hour, and Ad.m.in per Hour elements. COUNTY will notify CITY in writing of any changes or modifications to Attachment "A." No change in the "M &0 per Hour" rate will take place during any calendar year. Any changes in the Total Cost Per Hour Per Employee" during any calendar year will become effective immediately. COUNTY agrees to meet with CITY upon request to substantiate any increases /decreases in the hourly rate. There will be a minimum one (1) hour charge for any Probation Service. All Probation Services provided in excess of one (1) hour will be billed at 15- minute intervals. For example: 0 minutes to 1 hour Charged 1. hour 1 hour to 1 hour 15 minutes Charged 1'/4 hour 1 hour 16 minutes to 1 hour 30 minutes Charged 1' /z hour 1 hour 31 minutes to 1 hour 45 minutes Charged 1 hour 1 hour and 46 minutes to 2 hours Charged 2 hours COURT will keep time records showing the Probation Service performed by probation officers in 15- minute intervals. COUNTY will bill CITY for the cost of Probation Services as set forth in the Attachment, monthly, on or before the 5 111 of the month for services provided during the preceding month. Payments by CITY will be due by the 5th of the following 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. Page 3 of 8 Pursuant to RC W 10.64.120, COURT establishes a monthly assessment that is levied on persons referred by COURT for Probation Services. This assessment in most instances is collected from persons receiving Probation Services. COURT agrees that all assessments collected by COURT in conjunction with providing Probation Services to CITY under the terns of this Agreement shall be remitted to CITY. Assessments collected shall be remitted to CITY'S designee no later than the 10 day of each month for the previous month. COURT shall keep records of all assessments collected in conjunction with providing Probation Services under the terms of this Agreement. Any such assessments ultimately collected in conjunction with providing Probation Services to CITY, regardless of whether or not this Agreement is in effect, shall be remitted to CITY. COURT shall use the same collect services to collect delinquent assessments due CITY under the terms of this Agreement that it uses to collect other delinquent accounts. SECTION NO. 4: SERVICES PROVIDED Probation Services shall include case management as directed by the Spokane County District Court for misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley and/or a violation of CITY'S ordinances constituting a misdemeanor. Case management includes the monitoring of cases in pre -trial status, providing supervision and monitoring of sentenced offenders, and supervision and monitoring of offenders whose cases are on a deferred status. Monitoring includes meeting with the offenders, reviewing the court's probation orders, consulting with various service providers and other criminal justice entities, tracking criminal activity, and referral for appropriate services. Probation Services shall also include verification of an offenders' compliance or non - compliance to COURT. SECTION NO. 5: 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 (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the PARTIES at the address set forth below for such Party, or at such other address as PAR. 11.ES shall From time -to -time designate by notice in writing to the other. PARTIES: COUNTY: COURT: Page 4 of 8 Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Spokane District Court Presiding Judge Spokane County District Court 1100 West Mallon Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 6: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 7: ASSIGNMENT No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NO. 8: LIABILITY (a) 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 /COURT, their 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 /COURT and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY /COURT 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, loss, or damages is brought against COUNTY /COURT, CITY shall defend the same at its sole cost and expense; provided that COUNTY /COURT reserve 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 /COURT, and their 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. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity tinder Washington's industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of Page5of8 claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including auto liability coverage. SECTION NO. 9: RELATIO`SHIP 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 /COURT 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 /COURT for any purpose. SECTION NO. 10: REPORTING: COURT shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Probation Services performed during the preceding quarter. SECTION NO. 1.1: PROBATION SERVICES STAFF COURT shall hire, assign, retain and discipline all employees performing Probation Services under this Agreement according to collective bargaining agreements, relevant civil services rules and regulations, state and federal laws and applicable agreements. COURT agrees to meet and confer with CITY with respect to staff assigned to provide Probation Services. SECTION NO. 12: RECORDS All public records prepared, owned, used or retained by COURT in conjunction with providing Probation Services under the terms of this Agreement shall be deemed CITY property and shall be made available to CITY upon request by the CITY Manager subject to the court rule, statue or case law. COURT will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as COURT'S response thereto. SECTION NO. 13: ASSURANCE COUNTY and COURT represent and assure CITY that no other city or town will receive more favored treatment in receipt of Probation Services than that made available to CITY for similar services. Page 6 of 8 SECTION NO. 14: MODIFICATION OR TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days M,zritten notice to the other PARTIES. Upon termination COURT shall continue to provide Probation Services to completion for those cases assigned by COURT to receive Probation Services prior to the effective date of the termination. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in providing Probation Services shall remain with the original owner unless specifically and mutually agreed by the PAR111dS to the contrary. SECTION NO. 16: ALL WRITINGS 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. 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 performance. 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, Washington. SECTION NO. 18: SEVERADILITY 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 State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. Page 7 of 8 SECTION NO. 19: 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY MUNICIPAL /DISTRICT COURT: ATTEST: VICKY M. DALTON CLERK OF THE BOARD }3Y: Daniela Erickson, Deputy DATED: Attest: City Clerk Approved as to font only: Acting City Attorney Page 8 of 8 By: Its: DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON JOIN ROSKELLEY PHILLIP D. HARRIS, Chair M. KATE MCCASLIN CITY OF SPOKANE VALLEY: I3y: Its: (Title) H:\Valky Cixy Drs raczsProfiLian prnhrron seniors OS I 503- fuid.DOC Spokane County Probation Office Hourly Rates Based on 2003 Budget Indirect Direct Cost per 2003 Cost Per Cost per Hour at Admin M &O Position # Budget Person Hour 6.27% per Hour per Hour Total Cost Per Hour Per Employee Type Probation Officer 5 251,988 50,397.60 25.84 1.62 3.55 1.00 32.02 Support Staff 6 190,433 31,738.83 16.28 1.02 3.55 1.00 21.85 11 Hours worked per Position 1,950 Total Hours Worked 21,450 Administration M &O 76,200 21,549 540,170 3.55 (Cost per hour, based upon cost of S76,200, divided by 11 staff or 21,450 hours) 1,00 (Cost per hour of m&o, based upon total cost of 521,549 divided by 11 staff @ 1950 hours each) 4.56 Total per hour charge for administration and maintenance/operation expenses ATTACHMENT "A" SPO -&AC COUPTV COU0T MOUSE May 13, 2003 Mayor Mike DeVleming City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 ANIMAL CONTROL Nancy Hill Director (509) 477 -2532 2521 NORTH FLORA ROAD SPOKANE, WASHINGTON 99216 Dear Mayor DeV Leming, Attached is the barking dog enforcement cost analysis that you requested at last months study session. Please let me know if you have any questions or if you need any additional information. Respectfully, Nancy Hill Animal Control Director Cc: Spokane Valley City Council Dave Mercier Stan McNutt BARKING DOG ENFORCEMENT Goal: to provide enforcement of the barking dog ordinance after normal hours of operation. Normal Hours of Operation: Animal Control Officer On Duty 7:00 AM — 6:00 PM Monday — Friday 9:00 AM — 5:00 PM Saturday 8:00 AM — 4:00 PM Sunday Added Coverage Needed to Provide After Hours Barking Enforcement 6:00 PM — 7:00 AM Monday — Friday = 13 hours x 5 = 65 hours 5:00 PM — 8:00 AM Saturday = 15 hours 4:00 PM — 7:00 AM Sunday = 15 hours Total hours per week: 95 hours To provide coverage for 95 hours per week it would take 2.5 animal control officers Cost To Provide This Service: Animal Control Officer with benefits = S47,121 x 2.5 positions = S117,803 (Position is calculated at step 1 with an increase to step 2 after six months — benefits cost are calculated at the full family rate.) Animal Control Officers will use an existing department vehicle at no extra cost. TOTAL ANNUAL COST = S117,803 Note: The total cost of this service would be borne by the City of Spokane Valley. Spokane County is not interested at this time in adding this service. Spokane County does not currently provide this service for the following reasons: • An unarmed animal control officer going to a dog owner's home in the middle of the night is an officer safety issue. • Many times dogs that bark in the night are unattended — no one is home — so there is no one for the officer to contact. • A sheriffs deputy will often respond to nighttime complaints (time permitting) of extreme barking. • Animal control officers are needed for day shift work to handle a high volume of calls. S ` �Ualley Memo To Dave Mercier Franz Dick Thiel Vim Dick Warren ccr Don Morriso , Ruth Mull" Date: May 20, 2003 Re: Request for Budget Supplement 1 from the desk of the City Engineer At the Council Study Session on Thursday nite, May 15, 11 was agreed that we would increase the standard ROW permit application fee to $16, which represents a 40% discount from the current estimate of full cost recovery ($20). It was also agreed we should proceed immediately with recruitment of a full -time Permit Specialist and a seasonal Inspector to assist in running the ROW permit program. By copy of this memo, Don is requested to proceed with the recruitment action. Position descriptions for both positions have already been prepared. The impact on the budget is projected to be approximately as follows, for the remainder of calendar year 2003: Permit Specialist salary $21,000 Direct benefits (35 %): 7,300 Office equip. & supplies: 3.000 Subtotal: $31,300 Inspector (5 months): $18,000 Office equip. & supplies: 3.000 Subtotal: $21,000 GRAND TOTAL $52,300 It is therefore requested that a budget supplement in the amount of approximately $55,000 be approved for operation of the City's ROW permit program for the remainder of 2003. Program operations will be closely monitored during the year for the purpose of refining the actual program costs to assist in moving toward full program cost recovery, and adjustment of the permit fees as appropriate. This will be done in time for preparation of next year's budget ltelurn to: TIHS ACRF.EM.EN°T, made and entered into by and among the Spokane County District/Municipal Court, having offices for the transaction of business at 1 100 \Vest Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT," Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, \Vashington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the COURT as "COUNiTY," and the 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." I'agc 1 of 8 )aniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 1NTERi.:OCAL AGREEMENT FOR PROBATION SERVICES FOR THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31, 2004) WiTNESSETFI: WHEREAS, pursuant to the provisions of RCW 36.32.120(6) the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 R.CW, the City of Spokane Valley established 12:01 A.M. March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RC\W, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area will transfer from COUNTY to CiTY; and WHEREAS, chapter 39.34 R.CW Onterlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; aid WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County District/Municipal Court consists of one district encompassing all of Spokane County; and WHEREAS, the Spokane County District/Municipal Court has entered into an Interlocal Cooperation Agreement with the City of Spokane wherein the City of Spokane provides managerial and administrative support for the Spokane County District Court Probation Services Department ( "Department "). The Department is funded by monthly assessments established by the. COURT under RCW 10.64.120 which are paid by persons receiving probation services; and WHEREAS, the City of Spokane. Valley desires to utilize the services of the Spokane County District - Municipal Court Probation Services Department for the purpose of providing probation services as directed by the Spokane County District/Municipal Court for (i) misdemeanor or gross misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley and/or (ii) a violation of the. City of Spokane Valley's ordinances. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above. referenced recitals, the PARTIES do hereby agree as follows: SECTI NO. 1: PURPOSE The purpose of this Agreement is to set forth the PARTIES' understanding as to the terms and conditions under which COURT will provide Probation Services to CITY. For the purpose of this Agreement "Probation Services" are further described in Section No. 4 herein below. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 14 of this Agreement. SECTION NO. 3: COST FOR PROBATION SERVICES CITY shall pay COUNTY the actual costs for Probation Services provided under this Agreement. Actual costs will be billed on an hourly basis for services performed by Probation Officers and Support Staff. The hourly charges for each classification will be composed of the following four elements: Page 2 of 8 (1) "Direct Cost per Hour" for probation officer and support staff posit.i©ns; (ii) "indirect Cost per Hour" calculated by applying the percentage rate established by County Administrative Services Department for each calendar year to the "Direct Cost. per Hour" for the positions of probation officer and support staff, (iii) "Admin per Hour" for supervision of probation officer and support staff; and (iii) "M & 0 per Hour ". Attached hereto as Attachment "A" and incorporated herein by reference is a breakdown of the hourly rates for the positions of probation officer and support staff for calendar year 2003 showing all the above components. The same methodology used to establish the 2003 hourly rate will be used to establish the 2004 hourly rate. The "Total Cost Per 1 -lour Per Employee" for the positions of probation officer and support staff may increase or decrease during any calendar year as well as during the term of this Agreement as a result of labor contracts, COLA's and /or salary increases /decreases which will affect Direct Cost per Hour, Indirect Cost per Flour, and Admin per Hour elements. COUNTY will notify CiTY in writing of any changes or modifications to Attachment "A." No change in the "M&.0 per 1 -lour" rate will take place during any calendar year. Any changes in the Total Cost Per Flour Per Employee" during any calendar year will become effective immediately. COUNTY agrees t.o meet with CITY upon request to substantiate any increases/decreases in the hourly rate. There will he a minimum one (1) hour charge for any Probation Service. All Probation Services provided in excess of one (1) hour will be billed at 15- minute intervals. For example: 0 minutes to I hour Charged 1 hour 1 hour to l hour 15 minutes Charged 11/4 hour 1 hour 16 minutes to 1 hour 30 minutes Charged 1'/2 hour 1 hour 31 minutes to 1 hour 45 minutes Charged 1 hour 1 hour and 46 minutes to 2 hours Charged 2 hours COURT will keep time records showing the Probation Service performed by probation officers in 15- minute. intervals. COUNTY will bill CITY for the cost of Probation Services as set forth in the Attaclunent, monthly, on or before the 5 of the month for services provided during the preceding month. Payments by CITY will be due by the 5th of the following 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. Page 3 of 8 Pursuant to RC\\' 10.64.120, COURT establishes a monthly assessment that is levied on persons referred by COURT for Probation Services. This assessment in most instances is collected from persons receiving Probation Services. COURT agrees that all assessments collected by COURT in conjunction with providing Probation Services to CITY under the terns of this Agreement shall be remitted to CITY. Assessments collected shall be remitted to CiTY'S designee no later than the 10 day of each month for the previous month. COURT shall keep records of' all assessments collected in conjunction with providing Probation Services under the terms of this Agreement. Any such assessments ultimately collected in conjunction with providing Probation Services to CITY, regardless of whether or not this Agreement is in effect, shall be remitted to CITY. COURT shall use the same collect services to collect delinquent assessments due CITY under the terms of this Agreement that it uses to collect other delinquent accounts. SECTION NO. 4: SERVICES PROVIDED Probation Services shall include case management as directed by the Spokane County District Court for misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley and/or a violation of CITY'S ordinances constituting a misdemeanor. Case management includes the monitoring of cases in pre -trial status, providing supervision and monitoring of sentenced offenders, and supervision and monitoring of offenders whose cases are on a deferred status. Monitoring includes meeting with the offenders, reviewing the court's probation orders, consulting with various service providers and other criminal justice entities, tracking criminal activity, and referral for appropriate services. Probation Services shall also include verification of an offenders' compliance or non - compliance to COURT. SECTION NO. 5: 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 (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the PARTIES at the address set forth below for such Party, or at such other address as PARTIES shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: COURT: Page 4 of 8 Spokane County Chief Executive Officer or his/her authorized representative 1 1 16 West Broadway Avenue Spokane, Washington 99260 Spokane District Court Presiding Judge Spokane County District Court 1 100 West Mallon Avenue Spokane, Washington 99260 C IT Y : SECTION NO. 6: COUNTERPARTS SECTION NO. 7: ASSIGNMENT City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PAR.TiES. SECTION NO. 8: LIABILITY (a) 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 /COURT, their 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 oftice.rs, agents, and employees, or any of them, or jointly against CiTY and COUNTY /COURT and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) C1TY shall indemnify and hold harmless COUNTY /COURT 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, loss, or damages is brought against COUNTY /COURT, CITY shall defend the same at its sole cost and expense; provided that COUNTY /COURT reserve the right to participate in said suit if any principle of goverrunental or public law is involved; and if final _judgment in said suit be rendered against COUNTY /COURT, and their 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. (c) 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 to provide the indemnified party with a full and complete indemnity of Page 5 of 8 claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either se.1I insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including auto liability coverage. SECTION NO. 9: RELATIONSHIP OF THE PARTIES The PA.RT1ES intend that an independent contractor relationship will be created by this Agreement. No tLgent, employee, servant or representative of COUNTY/COURT shall be deemed to be an employee, agent, servant or representative of C1TY for any purpose- Likewise, no agent, employee, servant or representative of C1TY shall be deemed to be an employee, agent, servant or representative of COUNTY/COURT for any purpose. SECTION NO. 10: REPORTING COURT shall provide a mutually acceptable, quarterly report to CJ.TY that will contain information relating to Probation Services performed during the, preceding quarter. SECTION NO. ].1.; PROBATION SERVICES STAFF COURT shall lure, assign, retain and discipline all employees performing Probation Services under this Agreement according to collective bargaining agreements, relevant civil services rule-s and regulations, state and federal laws and applicable agreements. COURT agrees to meet and confer with C1TY with respect to staff assigned to provide; Probation er ices, SUCTION ( }. 12: RECORDS S All public records prepared, ovimed, used or retained by COURT in conjunction with providing Probation Services under the terms of this Agreement shall be deemed CITY property and shall he grade available to C1TY upon request by the CITY Manager subject to the court rule, statue or c ase law. COURT will notify CITY of any public disclosure request under chapter 42-17 RCW for copies or viewing 0Isuch records as well as COURT'S response thereto. SECTION NO. 13: ASSURANCE COUNTY tutid COURT represent and assure CITY that no other city or town will receive more favored treatment in receipt of Probation Services than that made available to CITY for similar services. ['age 6 of 8 SECTION NO. 14: MODIFICATION OR TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other PARTIES. Upon termination COURT shall continue to provide Probation Services to completion for those cases assigned by COURT to receive Probation Services prior to the effective date of the termination. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in providing Probation Services shall remain with the original owner unless specifically and mutually agreed by the PARTIES to the contrary. SECTION NO. 16: ALL WRiTTNGS CONTAINED HEREIN /BINDING EFFECT This Agreement contains teens and conditions agreed upon by the. PARTIES. The PARTIES agree that there are no ether understandings oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall he valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 17: VENUE STIPULATION . ATiON 'Phis 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 1Vashington both as to interpretation and performance. 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, Washington. SECTION NO. 18: SEVERABIL1TY 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 he 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 State of \Vashington, then the part, term or provision thereof that rnay be in conflict shall be deemed inoperative and null and void insofar as it may he in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. Page 7 of 8 SECTION NO. 19: 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY MUNICIPAL/DIS T R IC T CO URT: DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DAL TON CLERK OF THE BOARD 13Y: Attest: Daniela Erickson Deputy DATED: City Clerk Approved as to fond only: Acting City Attorney Page 8 of 8 By: Its: JOHN ROSKELLEY PI- IILLIP D. HARRIS, Chair M. KATE MCCASLIN CITY OF SPOKANE VALLEY: By: lts: (Title) ti:Walley CitytiDmft Camrzcu'krobnixega bmfon xr.kcs 057503 fmz1.DOC Indirect Direct Cost per 2003 Cost Per Cost per Hour at Admin M&O Position # Budget Person Hour 6.27% per Hour per Hour Total Cost Per Hour Per Employee Type Probation Officer 5 251,988 50,397.60 25.84 1.62 3.55 1.00 32.02 Support Staff 6 190,433 31,738.83 16.28 1.02 3.55 1.00 21.85 11 Hours worked per Position 1,950 Total Hours Worked 21,450 Administration M &O 76,200 21,549 540,170 Spokane County Probation Office Hourly Rates Based on 2003 Budget 3.55 (Cost per hour, based upon cost of $76,200, divided by 11 staff or 21,450 hours) 1.00 (Cost per hour of m &o, based upon total cost of $21,549 divided by 11 staff et 1950 hours each) 4.56 Total per hour charge for administration and maintenance/operation expenses ATTACHMENT "A" Proposed administrative draft — C. Driskell May 16, 2003 Draft 3 CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REGULATING TO THE STORAGE OF JUNK VEHICLES ON PRIVATE PROPERTY. WHEREAS, The City of Spokane Valley, Washington has adopted a Zoning Code to regulate the orderly development of the City of Spokane Valley; and WHEREAS, there currently exists within the City a large number of private properties where junk. and /or inoperable vehicles are being permanently stored in violation of existing Zoning Code provisions; WHEREAS 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; WHEREAS, violations of the Zoning Code pose a threat to the health, welfare and safety of the citizens of the City, and the City desires to address this problem; WHEREAS, enforcement of the Zoning Code is within the police powers of the City of Spokane Valley, Washington; and \VH:I REAS, the City finds and declares that it is in the hest 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, THEREFORE, THE CITY COUNCIL. OF THE CiTY OF SPOKANE VALLEY, WASHINGTON DOES OIWAJNi AS FOLLOWS: The City of Spokane Valley Junk Vehicle Ordinance is hereby adopted as follows: SECTION ONE — Purpose and intent. The City recognizes the benefit and enjoyment individuals receive from the repair and rehabilitation of old or inoperable vehicles. It is, however, the purpose and intent of this ordinance to provide for the removal of junk vehicles from private property that create an attractive nuisance and negative aesthetic impact upon property and the community. Proposed administrative draft — C. Driskell May 16, 2003 Draft 3 SECTION TWO — Definitions. A. "City" means the City of Spokane Valley Washington. 13. "Code compliance officer" means a regular or specially commissioned officer so designated by the Director of Community Development for the City. C. "Director" means the Director of Community Development for the City. D. "Hearing Examiner" means the hearing examiner for the City. E. "Impound" for the purposes of this ordinance means to take and hold a vehicle in legal custody. F. "Inoperable" means incapable of being operated legally on a public highway, including but not limited to not having a valid current registration plate. 0. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: 1. Is three years old or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission; 3. Is apparently inoperable; 4. FTas an approximate fair market value equal only to the approximate value of the scrap in it. 5. Is without a current certificate of registration or a current and proper vehicle license. H. "Person(s) responsible for a violation" means: 1. The property owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and The legal owner. Proposed administrative draft — C. Driskell May 16, 2003 Draft 3 "Vehicle" for the purposes of this ordinance includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The tern does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks. RC\V 46.04.670. SECTION 3 — Abatement and removal of junk vehicles from private property. A. Except as provided in Section 4, all junk vehicles placed or situated upon private property within the City limits are public nuisances to be abated as provided in this ordinance.. B. This section shall apply even in cases where permission has been given for the vehicle to be left on the property. SECTION 4 — Exceptions. This ordinance does not apply to: A. A vehicle or part thereof that is completely enclosed within a building in a private lawful manner where it is not visible from the street or other public or private property; 13. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismanteler or licensed vehicle dealer and is fenced according to the provisions of RCW 46.80.130; C. A junk vehicle does not include a vehicle which is. in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within th.irty days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within thirty days prior to issuance of the notice of violation. <D. The City of Spokane Valley Zoning Code, Sections 14.616.355 (UR 3.5) and 14.618.355 (UR 7), allows up to two (2) inoperable or non - licensed vehicles to be stoned if the vehicle(s) are completely screened by fence or landscaping. (If this language is adopted, it will be consistent with the zoning code. If this Ianviiage is not adopted, the zoning code provision will need to be amended concurrent with the adoption of this ordinance.)› SECTION 5 — Violation notice — abatement — service. A. A code compliance officer is authorized to issue and serve an abatement notice upon reasonable belief that a violation of one or more provisions of this ordinance has occurred. Proposed administrative draft — C. Driskell May 16.2003 Draft 3 13. The abatement notice shall be issued to the person(s) responsible for a violation of this ordinance. The last legal and registered owner need not be notified if the vehicle is in such condition that identification numbers are not available to determine ownership. C. The abatement notice may be served by means of personal service, or by mailing a copy of the abatement notice to a person(s) responsible for a code violation to his or her last known mailing address as determined by the code compliance officer by certified mail, with a five -day return receipt requested. Proof of service shall be made by a written declaration under penalty of peijury by the person affecting the service, declaring the time date, place of service, and the manner by which service was made. D. The abatement notice shall contain substantially the following information: 1. The name and address of the person to whom the notice is issued; 2. The location of the subject property by address or other description sufficient for identification of the subject property; 3. A description of the vehicle and its location, and the reasons for which the City deems it to be a public nuisance in violation of this ordinance; 4. A description of the corrective action necessary to eliminate the violation; 5. The date by which the corrective action must be completed to avoid abatement action by the City, which shall be no later than 14 days from the date of service of the abatement notice; 6. That the person(s) responsible for a violation has the right to request a hearing regarding the abatement notice to the Hearing Examiner, pursuant to Section 6; 7. A statement that if the person(s) responsible for a violation fails to complete the corrective action by the date required or request a hearing before the Hearing Examiner, the City or its designee shall remove, impound and dispose of the vehicle, and will assess all costs of administration and removal against the person(s) responsible for a violation; and 8. A statement that the owner of land upon which the vehicle is located may request a hearing, then appear in person or provide a written statement to the Hearing Examiner denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. SECTION 6 — Hearing on abatement notice. A. A person(s) responsible for a violation shall have fourteen (14) days from the date of service of the abatement notice to request a hearing before the Hearing Examiner. 4 Proposed administrative draft — C. Driskell May 16, 2003 Draft 3 Upon receipt of such a request, the City shall provide a hearing notice stating the time, location and date of the hearing on the issue of abatement and removal of the vehicle, or part thereof, as a public nuisance. The City shall mail this notice by certified mail, five - day return receipt requested, to the person(s) responsible for a violation. 13. The hearing notice shall contain a statement that a person(s) responsible for a violation may appear in person at a hearing or by submitting a written statement for consideration. If the land owner denies responsibility for the vehicle being on his or her land, and has provided sufficient written evidence in support of the denial, the Hearing Examiner is authorized to determine, based upon available evidence, whether the land owner is responsible for, or acquiesced to, the presence of the vehicle. The Hearing Examiner will determine if the land owner is responsible for the junk vehicle being on the property. If the property owner has not acquiesced in the vehicle's presence, the Hearing Examiner's order shall state such. In that instance, the land owner shall sign a written permission form allowing the City to inunediately remove the junk vehicle from his or her property. If the property owner fails to sign the permission form, he or she will be determined to be acquiescing in the vehicle's presence on the property. C. If the Hearing Examiner determines that a land owner is not responsible for a vehicle being on his or her property, the City shall not assess costs of administration (including a civil infraction) or nuisance abatement against the property where the vehicle is located. D. The Hearing Examiner may uphold, modify or revoke the abatement notice as appropriate. E. A copy of the Hearing Examiner's order shall be served upon the person(s) to whom it is directed, either personally or by mailing a copy of the order by certified mail, with a five -day return receipt requested, to such person at his or her last known address as determined by the code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting service, stating the time, date, location and manner by which service was made. SECTiON 7 — Removal and disposal — costs — liens. A. After notice has been given of the City's intent to dispose of the vehicle, and a person(s) responsible for a violation has failed to correct the violation or request a hearing, or a hearing was requested and the Hearing Examiner issued an order to abate the vehicle, resulting in authority to remove, the vehicle or part thereof shall be removed at the request of a law enforcement officer. The vehicle shall be disposed olio a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this ordinance shall be processed in accordance with the laws of the State of Washington. Proposed administrative draft — C. Driskell May 16, 2003 Draft 3 B. Any registered disposer under contract with the City for the impounding of vehicles shall comply with any administ.rative regulations relative to the handling and disposing of vehicles as may be promulgated by local authority or the Director. C. Costs of removal may be assessed against the legal owner i f that identity can be determined, the registered owner of the vehicle if that identity can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RC\V 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is located, subject to Section 6(13). D. The impounding of a vehicle shall not preclude charging the violator with a Class 1 infraction pursuant to RCW 7.80. A person responsible for a violation who has previously been found to be a person responsible for a violation within ninety days (90) days of the new violation shall be issued a Class 1 infraction with a penalty in the amount of $250.00. L. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after removal of a vehicle under the ordinance, file for record with the Spokane County Auditor to claim a lien for the cost of removal, and any and all collection costs. Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. SECTION 8 — Junk vehicle abatement program — authorized. The City is authorized to develop a comprehensive junk vehicle abatement program. It is intended that this program will developed through community involvement. SECTION 9 — Junk vehicle abatement fund — authorized. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. SECTION 1.0 — Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 11 — 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 official newspaper of the City as provided by law. Proposed administrative draft — C. Driskell May 16, 2003 Draft 3 ATT.IEST PASSED by the City Council this day of June, 2003. Interim City Clerk, Ruth Muller Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of publication: Effective date: Mayor, Michael DeVleniing City of Spokane - Municipal Code • Home City Government - Mayor - City Council Boards & Comm. Budget Info. My SpokaneCity Calendar Services Directory Documents Municipal Code City Charter CityMap Departments Visitors Employment Links CityCable5 watch if five! City Council Meeting Monday Briefing 3:30pm Legislative 6pm °Live Broadcast • : Broadband. :Dial -up oiine.Schedule Dovwiload Media , A °Aften$a;trt: Get PDF Reader Get Code Listing: Table of Contents to Title 10 Regulation of Activities Division I Penal Code Chapter: 10.16 Junk Vehicle Abatement Listing 10.16.010 Definitions. Services; Search the Code by "Keyword" or "Listing Number ": For the purposes of this chapter, the following words shall have the following meanings: go Page 1 of 2 A. "City" means the City of Spokane. B. "Code compliance officer" means a regular or special commissioned officer. C. "Director" means the director of the department of licensing or a designee. D. "Impound," for purposes of this chapter, means to take and hold a vehicle in legal custody. E. "Inoperable" means incapable of being operated legally on a public highway, including but not limited to, not having a valid, current registration plate. F. "Junk vehicle" means a vehicle substantially meeting at least three of the following requirements: 1. Is three years old, or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. G. "Vehicle," for the purposes of this chapter, has the same definition as the definition of "vehicle" in RCW 46.04.670. (Ord. C- 32686) Effective Date: 10/5/2000 Codo Listing Navigate: I7itle 10 Uj Print Listing tg h ttp:// www. spok anecity. orgicitycode /defa.ult.asp ?Listinb 10.16.010 5/8/2003 City of Spokane - Municipal Code Home City Government - Mayor - City Council Boards & Comm. Budget Info. My SpokaneCity Calendar Services Directory Documents Municipal Code City Charter CityMap Departments Visitors Employment Links CityCable5 lavalch ti five! Live Broadcast /$ Broadband $ Dial -up Online Schedule Download Media Player 0 Attention: Get PDF Reader Get Code Listing: Table of Contents (Ord. C- 32686) Effective Date: 10/5/2000 Passed On: 9/5/2000 Search the Code by "Keyword" or "Listing Number ": Title 10 Regulation of Activities Division I Penal Code Chapter: 10.16 Junk Vehicle Abatement Munial Code Title 10 SpokaneCity Home Calendar Services Departments Visitors Employment Links !Code Listin Navigate: Title 10 1 J Chapter 10.18 9 . Listing 10.16.020 Abatement and Removal of Junk Vehicles from Private Property. A. Except as provided in 10.16.030, all junk vehicles placed or situated upon City Council Meeting private property within the city limits of Spokane are public nuisances to be Monday abated as provided in this chapter. Briefing 3:3Opm Legislative 6pm B. This section shall apply even in cases where permission has been given for the vehicle to be left on the property. City of Spokane, 808 W. Spokane Falls Blvd. Spokane, WA 99205. By using this site you agree to the disclaimer and site info. Comments or suggestions concerning this site please visit the feedback page. Page 1 of 1 http://w ww. spokanecity. org/ citycode /default.asp ?histing=10.16.020 5/8/2003 City of Spokane - Municipal Code -- Q Home City Government - Mayor - City Council Boards & Comm. Budge4 Info. My SpokaneCity Calendar Services Directory Documents Municipal Code City Charter CityMap Departments Visitors Employment Links City Council t.SeeLino. M•Jnday Briefing 3'3Opm Legislative &pm .We naecagt Brapidlomhil Oii1Ine S#iedale ,m. r Itu�nnd�a� Media GO PDF Reader Spoka.eCliy Homo Get Cocle Listing: Table of Contents (Ord- C- 32686) Effective Date: 101512000 Passed On: 9/512000 Services tO Search the Code by "Keyword" or "Listing Number ": Title 10 Regulation of Activities Division [Penal Code Chapter= 10 Junk Vehicle Abatement Listing -10.16 -030 Exceptions, This chapter does not apply to: Search: City Code [_:11 C�kv.'Sa�vie�sl h�imlc Epal Go' d CB1endza Servic.es Daparunents Vlsita ;s Emplwma,g Links togas l .rs�ing Navigate; r Title 10 g A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or B. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the provisions of KW 46.80.130- City of Spokane, 9081 - Spokane Falls Blvd, Spokane, WAVD2D1. $y using this site you agree ta 1he disclaimer and sites Commons or 5Lrg gestians torrcoming this site please visit the feedback page. Page 1 of 1 El El Igi Pi rnflistoig http:// www- spokaneeity. org/ cit ycadeldefauit,asp ?Listing10.1 6.030 5/8/2003 City of Spokane - Municipal Code "g? . _ Welcome to the Lilac City 00 _ Keyword C Home City Government - Mayor - City Council Boards & Comm. Budget Info. My SpokaneCity Calendar Services Director; Documents Municipal Code City Charter CityMap Departments Visitors Employment Links CityCable5 wairh it Jr City Council Meeting Monday Briefing 3:30pm Legislative 6pm Clue Broadcast I Broadband e Diat -up Online Schedule Download Media Player 0 Attention: Get PDF Reader Links P Table of Contents Services Get Code Listing: to Home Search: City Code ` jl City Servioes. Muni. i. •I Code the Code by "Keyword" or "Listing Number ": Title 10 Chapter 9018 go Page 1 of 2 ® El Code .Listing; Navigate: I Title 10 Ell P rint 'Listing Title 10 Regulation of Activities Division I Penal Code Chapter: 10.16 Junk Vehicle Abatement Listing 10.16.040 Violation Notice: Abatement — Service. A. A code compliance officer is authorized to issue and serve an abatement notice upon reasonable belief that a violation of one or more provisions of this chapter has occurred. B. The abatement notice shall be issued to the property owner of record upon which land a vehicle deemed to be in violation of this chapter is located, as shown on the last equalized assessment roll, and to the last registered and legal owner of record of such vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. C. The abatement notice may be served by means of personal service, or by mailing a copy of the abatement notice to such person at hislher last known address as determined by the code compliance officer by certified mail, with a five -day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made. D. The abatement notice shall contain substantially the following information: 1. The name and address of the person to whom the notice is issued; 2. The location of the subject property by address or other description sufficient for identification of the subject property; 3. A description of the vehicle and its location, and the reasons for which the city deems it to be a public nuisance in violation of this chapter; 4. A description of the corrective action necessary to eliminate the violation; 5. The date by which the corrective action must be completed to avoid a hearing before the hearing examiner on the violation; 6. The date and time of the hearing before the hearing examiner; 7. A statement that the person(s) to whom the abatement notice is issued may avoid the hearing before the violations hearing examiner by http: / /wwvw. spokanecity .org /citycode /default. ?Listing 1 0.16.040 5/8 /2003 City of Spokane - Municipal Code Page 2 of 2 completing the corrective action to be taken by the date set forth in the notice; 8. A statement that if any of the persons to whom the abatement notice is issued wish to contest the violation, they must attend the hearing as noted in the abatement notice; 9. A statement that if the persons to whom the abatement notice is issued fail to complete the corrective action by the date required or appear at the hearing, the city or its designee shall remove, impound and dispose of the vehicle, and will assess all costs of administration and removal against the owner of the vehicle upon which the vehicle is located, or otherwise attempt to collect such costs from the owner of the property; and 10. A statement that the owner of the land upon which the vehicle is located may provide a written statement in time for consideration at the hearing and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial, as provided in 10.19.050 of this chapter. (Ord. C- 32686) Effective Date: 10/5/2000 Passed On: 9/5/2000 SpokaneCity Home Calendar Services Departments Visitors Employment Links City of Spokane, 808 W. Spokane Fails Blvd, Spokane, WA 99201. By using this site you agree to the disclaimer and site info, Comments or suggestions concerning this site please visit the feedback oegg. http:// ww w. spokanecity .org/citycode/default_asp ?Listing = 10.16.040 5/8 /2003 City of Spokane - Municipal Code Welcome to the Lilac City Online! _ _ Keyword C Home City Government - r,1ayor - City Council Boards & Comm. Budget Info. My SpokaneCiy Calendar Services Directory Documents Municipal Cone City Charter CityMap Departments Visitors Employment Links CityCable5 Latch tf live! City Council Meeting Monday Briefing 3:30pm Legislative 6pm Live Broadcast fa Broadband Ri Diai -up Onl Schedule Download Media Player «y 0 Attention: Get PDF Reader SpokaneCity Home Home Calendar Services Departments Links } umcipal_ • Get Code Listing: Table of Contents (Ord. C- 32686) Effective Date: 10/5/2000 Passed On: 9/5/2000 E! Search: to City Services; Search the Code by "Keyword" or "Listing Number ": Title 10 Regulation of Activities Division I Penal Code Chapter: 10.16 Junk Vehicle Abatement Listing 10.16.050 Hearing. Calendar Sewtces Departments Visitors Employment Links http:// www. spokanecity .org/citycode /default. ?Listing 10.16.050 Municipal Code Title 10 Go Visitors Employment Page 1 of 1 CCode Listing) Navigate: [Title 10 11 -- Chapter 10.16 Print Listing Hearings on contested abatement notices are to scheduled and heard before the hearing examiner. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. 0 City of Spokane. 808 W. Spokane Falls Blvd. Spokane, WA 99201. By using this site you agree to the disclaimer aad sileJ0io_ Comments or suggestions concerning this site please visit the feedback page. 8 A 5/8/2003 City of. Spokane - Municipal Code Home City Govemment • Mayor • City Council Boards & Comm. Budget Into. My SpokaneCity Calendar Services Directory Documents Municipal Code City Charter CityMap Departments Visitors Employment Links CityCable, watch ft .livel City Council Meeting Monday Briefing 3:30prn Le.gislative 5pm Live Broadcast Iff Broadband i up . Online Schedule 1D ownlosd Media Player. + _ IAyAttention: _- Get PDF Reader SpokaneCity Home • Get Code Listing: Table of Contents (Ord. C- 32686) Effective Date: 10/5/2000 Passed On: 9/5/2000 Search: City Code lI Search the Code by "Keyword" or "Listing Number ": Title 10 Regulation of Activities Division I Penal Code Chapter: 10.16 Junk Vehicle Abatement Listing 10.16.060 Order of the Hearing Examiner. Calendar Services Departments Visitors Employment Links go City of Spokane. 508 W. Spokane Falls Blvd. Spokane, WA 99201. By using this site you agree to the disclaimer and site info. Comments or suggestions ooncerning this site please visit the feedback page. Page l of l ®A >Th Coae'Listing FECTI Navigate:. Title 10 l Prilt'Usting The order of a hearing examiner shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to such person at his/her last known address as determined by a code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made. The hearing examiner may make a determination in the order assessing administrative costs or costs related to the impoundment/abatement of the violators vehicle. If it is determined at the hearing, that the vehicle was placed on the land without the consent of the landowner and that he or she has not subsequently acquiesced in its presence, then the hearing examiners order shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the property owner. http:// ww w. spokanecity .org/citycode /default.asp ?Listing = 10.16.060 5/8 /2003 City of Spokane - Municipal Code Welcome to the Lilac City Online:I Home City Government - Mayor - City Council Boards & Comm. Budget Info. My SpokaneCity Calendar Services Directory Documents Municipal Code City Charter CityMap Departments Visitors Employment Links CityCable, watch it live) City Council Meeting Monday Briefing 3:30pm Legislative 6pm Live Broadcast Broadband n Dial up Online Schedule Download Media Player 0 Attention: Get PDF Reader Get Code Listing: Table of Contents (Ord. C 32686) Effective Date: 10/5/2000 Search the Code by "Keyword" or "Listing Number ": Page 1 of 2 ® El Code Listing] Navigate: [Title 10 Chapter 90.16 Printtisling Title 10 Regulation of Activities Division I Penal Code Chapter: 10.16 Junk Vehicle Abatement Listing 10.16.070 Removal and Disposal — Costs -- Liens. A. After notice has been given of the city's intent to dispose of the vehicle and after the hearing has been held, resulting in authority to remove, the vehicle or part thereof shall be removed at the request of a law enforcement officer and disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State patrol and the State department of licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this chapter shall be processed in accordance with the laws of the State of Washington. B. Any registered disposer under contract of the city for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by the local authority or the director. C. Costs of removal may be assessed against the registered owner of the vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle is stored, subject to SMC 10.16.060 of this chapter. D. The impounding of a vehicle shall not preclude charging the violator with any violation of the law on account of which such vehicle was impounded. E. In addition to, or in lieu of, any other state or local provisions for the recovery of costs, the city may, after removal of a vehicle under this chapter, file for record with the county auditor to claim a lien for the cost of removal and any and all outstanding fines and collection costs, which shall be in substance in accordance with the provision covering mechanics' liens in Chapter 60.04 RCW, and said lien shall be foreclosed in the same manner as such liens. http: / /www. spokanccity .org /citycode/dcfault..asp ?Listing- 10.16.070 5/8/2003 City of Spokane - Municipal Code Welcome to the Lilac City Onlinel> =� E s ct f �a��l ZLId4 `Official VNebsite of the Crty Spokane Home Calendar Services • Get Code Listing: to Municipal Coda Title ID a,.. er,10.113 Cade Listing, Navigate: Title 10 - -,moo -- Home City Government - Mayor - City Council Boards 8 Comm. Budget Info. My SpokaneCity Calendar Services Directory Documents Municipal Code City Charter CityMap Departments Visitors Employment Links CityCable5 watch ,f; live! City Council Meeting Monday Briefing 3:30pm Legislative 6pm Live Broadcast 1$ • pr oadband f$ D ia} u p : Online Schedule BoiniMoad Media Player & - Attention- Get PDF Reader SpokaneCity Home Links I Search: Search the Code by "Keyword" or "Listing Number ": Table of Contents Title 10 Regulation of Activities Division I Penal Code Chapter: 10.16 Junk Vehicle Abatement Listing 10.16.080 Severability. City Code go Prin t If any section, subdivision, part or word of this ordinance or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid, it shall not affect the remainder of the ordinance, but be confined to the section, subdivision, part or word directly involved in the controversy with the section, subdivision, part or word severed or stricken. (Ord. C- 32686) Effective Date: 10/5/2000 Passed On: 9/5/2000 Calendar Services Departments Visitors Employment Links City of Spokane, 808 W. Spokane Falls Blvd. Spokane. WA 9,9201. By using this site you agree to the disclaimer and site info. Comments or suggestions concerning this site please visit the feedback oaoe. Page 1 of 1 a® http:// w - ww. spok anecity .org/citycode/default.asp ?Listing = 10.16.080 5/8/2003 CITY OF SPOKANE VALLEY Spokane County, Washington Resolution No. 03 -034 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON GRANTING A TEMPORARY EASEMENT TO THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Spokane Valley is the record owner of the following described lands. All City streets abutting the SR 90, Argonne Rd. I/C Vicinity to Pines Rd. ITC Vicinity project, including but not limited to Locust Street, Farr Road, Sunderland Road, Woodruff Road, Felts Road, Balfour Street, Raymond Road, and 13owdish Street situate in Spokane County, State of Washington; and WHEREAS, in the improvement of SR 90, Argonne R.d. TIC Vicinity to Pines Rd. TIC Vicinity, by the State of Washington, Department of Transportation, it is necessary and advisable for the State of Washington to acquire a portion of said lands for highway improvement purposes as described in Exhibit "A: attached hereto and made a part hereof; and WHEREAS, after due consideration by the City Council of the City of Spokane Valley, it appears to said Council that it will be in the best interests of both the City of Spokane Valley and the State of Washington that the City grant a Temporary Easement on said lands to the State of Washington for benefits derived between the parties herein, and other valuable consideration. NOW, THEREFORE be it resolved by the City Council of the City of Spokane Valley as follows: Section 1. Temporary Easement Granted. In accordance with RCW 47.12.040 the City Manager is hereby authorized to execute and deliver said Temporary Easement to the State of Washington, Department of Transportation. Section 2. Effective Date. This Resolution shall become effective immediately upon passage by the Spokane Valley City Council. ADOPTED this day of May, 2003. Resolution No. 03 -034 5/16/2003 ATTEST: CITY OF SPOKANE VALLEY Interim City Clerk, Ruth Muller Mayor Michael DeVleming Approved as to Form: City Attorney Stanley M. Schwartz Rcyolution No. 03 -034 7 5/1612003 " Aber recording return document to: State of Washington Department of Transportation Real Estate Services Office PO Box 47338 Olympia WA 98504-7338 Document Title: Temporary Easement Reference Number of Related Document: G rantor(s): City of Spokane Valley Grantee(s): State of Washington Legal Description: a portion of City streets abutting SR 90 Additional Legal Description is on Page 3 of Document. Assessor's Tax Parcel Number: NA 13y: By: TEMPORARY EASEMENT State Route 90, Argonne Rd. IJC Vicinity to Pines Rd 1/C Vicinity; The Grantor, the City of Spokane Valley, a Washington State municipal corporation, for and in consideration of the benefits derived between the parties herein, conveys to the STATE OF WASHINGTON and its assigms, a Temporary Easement over, under, upon and across the hereinafter described lands for the purpose of constructing a sound wall, to the same extent and purpose as if the rights herein granted had been acquired under Eminent Domain statutes of the State of Washington. The temporary rights herein granted shall terminate upon completion of this construction project, or on December 05, 2003, whichever occurs first. Said lands being situated in Spokane County, State of Washington, and described as follows: See Exhibit A attached hereto and made a part hereof. It is understood and agreed that delivery of this Temporary Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by the Director of R.cal Estate Services. Dated , 2003 Accepted and Approved STATE OF WASHINGTON City of Spokane Valley Department of Transportation page 1 of 3 Attachment "1" Resolution No. 03 -034 By: Gerald L. Gallinger Director, Real Estate Services Date: Parcel — City of Spokane Valley TEMPORARY EASEMENT STATE OF WASHINGTON ) ss. County of SPOKANE ) On this Attachment "1" Resolution No. 03 -034 day of , 2003, before me personally appeared to me known to be the and of the municipal corporation, that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute said instrument and that the scat affixed is the corporate seal of said corporation. GIVEN under my hand and official sea] the day and year last above written_ page 2 of 3 Notary Public in and for the State of Washington, Residing at My Appointment expires Parcel — City of Spokane Valley TEMPORARY EASEMENT Line!: EXHIBIT "A" Attachment "1" Resolution No. 03 -034 All those portions of the City of Spokane Valley city streets lying between the following described Line 1 and Line 2. Beginning at Highway Engineers Station (hereinafter referred to as HES) L 200 + 00 on the L line survey of SR 90, Agronne Rd. iiC Vicinity to Pines Rd. DC Vicinity; thence Northerly to a point opposite said HES and 157. 6 feet Northerly therefrom; thence Easterly to a point opposite RES L 206 + 50 and 123 feet Northerly therefrom; thence Easterly to a point opposite RES L 216 + 10 and 105 feet Northerly therefrom; thence Northerly to a point opposite said HES on said line survey of said highway and 110 feet Northerly therefrom; thence Easterly parallel with said line survey to a point opposite HES L 218 + 00; thence Southerly to the SR 90 Northerly right of way line as said right if way line existed on August 31, 2001; thence Easterly on said Northerly right of way line to a point opposite HES L 276 + 00 and 100 feet Northerly therefrom, and the end of this line description. Line 2: Beginning at HES L 201 + 51.5 on the L line survey of SR 90, Agronne Rd. 1/C Vicinity to Pines Rd. I/C Vicinity; thence Southeasterly to a point opposite said HES and 140 feet Southeasterly therefrom; thence Easterly parallel with said line survey to a point opposite HES L 206 + 50; thence Northeasterly to a point opposite HES L 211 + 00 on said line survey of said highway and 110 feet Southeasterly therefrom; thence Easterly parallel with said line survey of said highway to a point opposite HES L 221 + 00; thence Northerly to the Southerly right of way line of SR 90 as said line existed on August 31, 2001; thence Easterly along said right of way line to a point opposite HES L 229 + 63 on said line survey of said highway and 115 feet Southerly therefrom; thence Southerly to a point opposite said HES and 120 feet Southerly therefrom; thence Easterly parallel with said line survey to a point opposite HES L 237 + 66; thence Northerly to the Southerly right of way line of said highway as said line existed on August 31, 2001; thence Easterly on said Southerly right of way line to a point opposite HES L 265 + 45; thence Southerly to a point opposite said HES and 110 feet Southerly therefrom; thence Easterly parallel with said line survey of said highway to a point opposite HES L 269 + 65; thence Northerly to a point opposite said HES and 100 feet Southerly therefrom, and end of this line description. page 3 of 3 Parcel - City of Spokane Valley POSITION DEPARTMENT APPOINTEE CRAI)E /STEP FROM Administrative Assistant City Manager Susan Larson 12/1 Mica Administrative Assistant Parks and Recreation Peggy Conklin 12/4 Post Falls Administrative Assistant PW and CD Shared Debra Alley 11/2 Spokane Valley Office Assistant 11- Rece Aionist City Clerk Div. Gay James 1 1/1 Spokane Valley Engineering technician Public Works Steve Stamatoptos 14/4 Mead PT Tcmp Sr. Engineer (Traffic) Public Works Don Ramey 17 /Open Spokane City Clerk City Manager Kristine Bainbridge Susan Pearson Karen Cornell 16/2 13 /Open 13/1 Moscow, ID Ritzville Spokane Deputy City Clerk City Clerk Div. Parks and Recreation Senior Center Specialist City of Spokane Valley City Employees Hired by David Mercier