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Resolution 16-007 Rescinds 16-006 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 16-007 A RESOLUTION SUPERSEDING RESOLUTION 16-006,AND AUTHORIZING THE CITY MANAGER TO PERIODICALLY CLOSE AND OPEN THE SPOKANE RIVER ON A TEMPORARY BASIS RELATING TO THE SULLIVAN ROAD BRIDGE CONSTRUCTION PROJECT UNTIL OCTOBER 31, 2016, AND OTHER MATTERS RELATED THERETO. WHEREAS, the City may take appropriate action to protect the public health, safety, and welfare of its citizens pursuant to the Washington State Constitution,Article XI Section 11,and RCW 35A.11.020; and WHEREAS, the southbound Sullivan Road bridge is currently under construction. As a consequence of this construction, and due to fluctuating water levels due to seasonal runoff, periodically there may be a risk of injury for people utilizing the river; and WHEREAS,the City has been advised by Spokane County Sheriff Knezovich that these conditions constitute a significant safety concern, and that it is appropriate to restrict access to the Spokane River surrounding the Sullivan Road bridge construction project due to danger posed by the construction project and the elevated water levels in the Spokane River. These conditions pose a danger to any person entering the river, including rescue personnel. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Restrictions on Access to Spokane River Around Sullivan Road Bridge. a. The City is currently replacing the southbound Sullivan Road bridge. This work occasionally results in potentially unsafe conditions for people who may be in the Spokane River immediately below the construction site, which includes an area on either side of the bridge. b. The City and its contractor are able to determine when unsafe conditions are likely to occur due to ongoing construction. In lieu of ordering the area around the construction zone to be closed until the new southbound bridge is completed, the City Council delegates to the City Manager or designee the authority to close that portion of the Spokane River identified in Section 1(c), including those identified limitations of use, on a periodic basis as may be warranted by the conditions. The City Manager may consult with any appropriate personnel necessary in making the determination to close or re-open the affected portion of the river. c. The City Manager or designee is hereby authorized to periodically close the Spokane River in the vicinity of the Sullivan Road bridge when unsafe conditions due to ongoing construction and/or river water levels occur. When so closed, the public shall not intentionally enter, swim, dive or float, with or without a boat, raft, craft, or other floating device, in or upon the water of the Spokane River from the Old Mission Trail takeout (which is approximately 1,100 yards from the easternmost edge of the northbound Sullivan Road bridge)to 500 feet west of the easternmost edge of the northbound Sullivan Road bridge as identified by the City through media releases,traffic alerts,or other appropriate means. Said media releases or traffic alerts shall identify the beginning and end date and time of each intermittent closure. Resolution 16-007 - Restrictions Spokane River Use Re: Sullivan Road Bridge Page 1 of 2 d. The Spokane Valley Police Department is directed to take appropriate action to enforce this Resolution for the benefit of the public health, safety, and welfare. Section 2: Supersedes Resolution 16-006. This Resolution shall supersede Resolution 16-006 in its entirety and Resolution 16-006 shall not have any further effect upon adoption of this Resolution. Section 3.Duration of Restrictions on Access to Spokane River. This Resolution shall be effective upon adoption, and shall continue in effect until October 31,2016, unless terminated earlier by subsequent action of the City Council. Adopted this 12th day of April, 2016. City o Spokane Valley ipig- 46P., / / %iv ( • Ir ----AO L.R. Hig-i s,(Ik .W ATTESTS 2 _74,,,,,,, /s.,,e,,hx, City Clerk, Christine Bainbridge r Approved as to Form: UVB Office of he ity Attorney Resolution 16-007 - Restrictions Spokane River Use Re: Sullivan Road Bridge Page 2 of 2