Resolution 04-017 Accepting Amended Felts Field Airport Agreement •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
RESOLUTION NO.04-017
A RESOLUTION OF THE CITY COUNCIL OF THE, CITY OF SPOKANE VALLEY,
SPOKANE COUNTY, WASHINGTON ACCEPTING, IN PART, THE AMENDED SPOKANE
COUNTY/CITY AIRPORT AGREEMENT RELATING TO THE FELTS FIELD AIRPORT.
WHEREAS, the City of Spokane Valley incorporated on March 31, 2003;
WHEREAS, pursuant to RCW 35.02.030 the Petition for Incorporation of the City of Spokane
Valley set forth and particularly described the boundaries of the City, which included the Felts Field
Airport; and
WHEREAS, pursuant to RCW 35.02.130 the boundaries of the City were established;
WHEREAS, that portion of the Felts Field Airport which was previously located in
unincorporated Spokane County is now located within the corporate limits of the City;
WHEREAS, pursuant to Ordinance No. 52, the City adopted the Spokane County Comprehensive
Plan and maps as the Interim Comprehensive Plan of the City;
WHEREAS, pursuant to Ordinance No. 54, the City adopted by reference the Spokane County
Zoning Maps as the Interim Zoning Maps of the City;
WHEREAS, pursuant to Ordinance No. 53, the City adopted by reference the Spokane County
Zoning Code as the Interim Zoning Regulations of the City;
WHEREAS, pursuant to Section 6 of Ordinance No. 53, the City adopted any provision of the
Spokane County Code, or any other law, rule or regulation or resolution as necessary or convenient to
establish the validity, enforceability or interpretation of the Zoning Regulations by reference;
WHEREAS, chapter 14.08 RCW provides for the establishment and operation of a general
aviation airport by a municipality or municipalities;
WHEREAS, as provided by RCW 14.08, an agreement was executed between the County of
Spokane and the City of Spokane, Washington on July 30, 1962, creating an Airport Joint Operation
Agreement to provide for the financing, construction, improvement, and operation, through the Spokane
Airport Board,the Felts Field Airport;
WHEREAS, pursuant to Resolution No. 90-1040, the July 30, 1962 Agreement was amended on
August 28, 1990 by the City of Spokane and County of Spokane, Washington;
WHEREAS, pursuant to Resolution No. 90-1040, an Airport Master Plan was adopted, which
includes a land use and development plan for the Felts Field Airport as the applicable zoning regulation
for the Felts Field Airport, and further provided development of the Felts Field Airport is not subject to
City or County zoning regulations; and
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WHEREAS, the City of Spokane Valley desires to accept the Master Plan as the land use and
zoning standards for development at the Felts Field Airport.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
The City of Spokane Valley hereby adopts by reference Sections 8 (f) and (g) of
the Amended Spokane County/City Airport Agreement, dated August 28, 1990,
which is attached hereto as Exhibit "A," as the land use and zoning plan for
development of the Felts Field Airport, provided however, this Resolution does
not exempt the Felts Field Airport from obtaining building permits for the
construction of any improvements.
Adopted this 8`4 day of June, 2004.
City of Spokane Valley
C---fejvf
Michael DeVleming, Mayor
ATIS
e'hristine Bainbridge, City Clerk
Approved as t m:
Stanle M. Schwa gr terim City A /rney
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• AMEND t_ SP0K NE O 2Y�CZTY AIRPORT AGREEMENT
wHEREAS, the County of Spokane and the City of Spokane, •
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Washington, on July 30, 1962, entered into an Airport Joint
Operation Agreement for the purposes of financing, constructing,
improving, and operating, through the agency of the Spokane Airport
board (herein referred to as ."Board") , Spokane International
Airport and Felts Field, as provided by Chapter 182, Laws of
Washington, 1945, codified as RCW 14 . 08; and . •
WHEREAS, said airport facilities have been successfully
operated under that 1962 Agreement, as amended and supplemented by
various joint resolutions, ordinances, agreements, and other
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actions from time to time; and
WHEREAS, the County of Spokane and the City of Spokane now' :; ',
• desire' to amend the Agreement and adopt a new Agreement;
NOW, THEREFORE, the County of Spokane, Washington (referred
to herein as "County") , and the City of Spokane, in Spokane County,
•Washington (referred to herein as "City") , and hereafter
collectively referred to as "Parties," agree as follows:
1. PURPOSE_ It is the purpose of the Parties to continue
their association under Chapter 14 .08 RCW to provide £or joint
operation of Spokane International Airport, Felts Field Airport,
and Spokane International Airport Business Park facilities (herein
collectively referred to as "Airport") , by replacing that 1962
Agreement with a new Agreement.
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EXHIBIT A
VV/ V'a! VY aA S Jd. Vl ♦[aY VVV :VV V+.vV • •�••• �•• •• � ••� � _•- •
• 1.1 The Parties intend to vest the Board, to the fullest ,.
extent permissible by State and Federal law, with complete
authority for the management and operation of the Airport for
aeronautical and industrial development purposes subject to
the specific limitations herein contained.
1.2 All existing rules, regulations, contracts, offices,
and other actions . and circumstances previously adopted or
approved by the Board or the -Parties acting jointly and not
in conflict with this Agreement are • unaffected and shall
remain in full force and effect until. terminated or amended
in accordance with this Agreement.
2. AIRPORT PROPERTx. The "Airport" .consists of Felts Field,
Spokane International Airport, and Spokane International Airport
Business Park, and such other property as may hereafter be
acquired.
2.1 It is• recognized that the property of the Airport has
been acquired at various times in various ways, including
surplus property grant deeds from the United States of
America, purchased through Federal Aviation Administration
(FAA) funds, and donations. Rather than maintain abstracts
of title for each segment of the Airport, it is agreed that
all real property and fixtures, except as provided
hereinbelow, shall be held by the County and City in equal
undivided shares as tenants in common, subject to any valid
. future interest reserved or excepted by deed.
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2 .2 Personal property (except City utility properties)
shall be acquired, held, and disposed of in the name of the ••
Board. Upon termination of this Agreement and dissolution of
the Board, personal property shall be deemed owned by the City
and County as tenants in common.
2 . 3 Notwithstanding Paragraph 2. 1, City shall own and
have, the control, operation, and maintenance of all public
utility sewer and water systems within the Airport, including,
but not limited to, allyresent and future utility systems,
tangible property, pipes and pumps, storage tanks, and fire
hydrants, whether located underground or above ground, ` and
intangible property such as . franchises and easements.
3_ EEDER.AL RULES REGU TXONS_ANP REOUSR EZ_Tg.. - It is
recognized that part of the land of the Spokane International
Airport and Spokane International Airport Business Park 'was
acquired from the United States of America by grant deed which
contains reversion, restrictions, and obligations on the use of
. such properties for aeronautical and nonaeronautical purposes.
3 .1' It is further recognized that the Airport has
received grants from the Federal Aviation Administration which
have also imposed restrictions, conditions, and obligations
on the use of Airport properties and further require that the
revenues received be devoted to aeronautical purposes. The
Parties hereby expressly ratify and confirm all previous grant
agreements in existence at the time of execution of this
Agreement and agree to be bound by any conditions or
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obligations imposed therein. Any future grant or other form �.,
of federal financial assistance for the Airport shall require
the joint acceptance of the funds by the Parties.
• 3.2 In the event the Parties desire to terminate this
Agreement, notice shall first be given to the Federal Aviation
Administration of the intent- to terminate this Agreement and
of any change affecting ownership, control, operation, or
performance of any conditions • or obligations required by the
grants or other federal' financial assistance programs. It is
also recognized that any termination or disposition of the
properties of the Airport shall require prior FAA approval.
4 . AIRPORT naA TCES. It is intended that the expenses of
operating Spokane International Airport, Felts Field Airport, and
Spokane International Airport Business Park shall be paid, to the
maximum extent possible, from the operating - revenues of each (") •
entity.
4.1 The Airport fiscal year shall be the calendar year.
4.2 The Board shall submit a proposed balanced budget for
the Spokane International Airport, • Felts Field Airport, and
Spokane International Airport Business Park by December 1 for
. the ensuing fiscal year. . Separate budgets and accounting
records will be prepared for each entity. The budgets for
each entity must be jointly approved by. the Parties.
4 .3 The Board shall have no independent authority to •
issue bonds or to incur other debts with a date of maturity
of more than one year from the date of the obligation.
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In the event there is a deficit in a principal or
interest payment necessary to pay a bonded indebtedness, then '
the parties shall each fund one-half of said deficit.
The Parties may, by joint resolution, authorize the
issuance and sale of revenue bonds or other obligations -
payable from Airport revenues, the proceeds of which are to
be 'used exclusively for Airport purposes. After the proper
adoption of a joint resolution by both the City and the
County, the revenue bonds or other revenue obligations shall
be authorized by and issued in the name of Spokane County.
General obligation debt may also be issued for Airport
purposes for ' projects - authorized by law. - If a general
obligation debt is proposed to be issued, the Parties shall
adopt a joint resolution evidencing the intent to incur said
debt. The Parties then each shall separately authorize its
portion of the total debt in the manner required by law for
each Party, respectively. • -
5. AIRPORT FUNDS. All Airport funds arising from the
sale of bonds, proportionate contributions of the Parties, federal
funds, all revenues from the operations of the Airport, and all
other funds of whatever nature or source 'allocable to the Airport
or its operations shall be .deposited and maintained in appropriate
accounts in the office of the Treasurer of Spokane County. All
disbursements from said Airport funds shall be made by order of the
Board, in accordance with the annual Airport budgets, this
Agreement and such rules and regulations and for such purposes as
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the Parties acting jointly shall, from time to time, prescribe. ,-..
5. 1 Airport funds shall be administered and accounted for
in accordance with the rules, regulations, and principles
established and approved by the Auditor of the State of
Washington, subject only to contrary federal audit
requirements_
5. 2 Idle funds may be invested by the County Treasurer
under direction of the Board in accordance with the laws
governing. investment of County funds.. Earnings from
investment of Airport funds, less statutory administrative
costs, shall be credited to the Airport funds.
6. ALLOCATION Of F : S. The. primary purpose of this
Agreement its to provide for the continued joint operation,
maintenance, and control of airport facilities for air navigation
purposes. The management of associated facilities for industrial
development, foreign trade zones, and other commercial purposes are
secondary to the primary purpose described above.
6.1 As specified in the annual budget, revenues shall be
applied to the following purposes, in the order listed:
(a) Maintenance and operation expenses, including
salaries and 'other personnel costs;
.(b) Principal and interest and any required reserve
deposits on the 1977/1979 Airport Revenue Bonds and any
other bonds having a parity of lien;
(c) Principal and interest on the revenue, bonds•
• having a junior lien. to the existing Airport Revenue
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Bonds;
(d) Any outstanding revenue or interest bearing
warrants;
(e) Accumulation of reserve funds;
• (f) Early redemption of revenue bonds or other
Airport indebtedness;
(g) Other proper purposes consistent with budget
• approvals.
7. AIRPORT BOARD. The Board shall consist of seven members,
serving at the pleasure of their appointive party, and shall be
appointed to a three-year term except as provided below. The City
shall appoint three members; the County shall appoint three
members; and the 'City and County, acting jointly, shall appoint one
• member. One of ' the three members appointed by the City to the A.
Airport Board shall be a member of the City council, and one of the
three members appointed by the County to the Airport Board shall
be a member of . the Board . of County Commissioners; these
appointments shall immediately terminate if the appointee is no
longer a member of the Council or Board of County Commissioners.
7.1 city and County each shall endeavor to ensure that
its appointees are qualified by reason of education or
experience in matters pertaining to aviation and industrial
development. The City and County may each appoint one member
of the City Council and one member of the Board of County
Commissioners to the Airport Board.
• 7. 2 In case of vacancy, a person shall be appointed by
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the appropriate appointing authority to the unexpired term in
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the same manner as the member whose position is vacant.
7 . 3 Members of the Board shall serve without
compensation- Board members may receive from Airport funds
reimbursement for expenses incurred .in the course of official .
business, or when -travel is necessary, a travel advance or per
diem allowance consistent with procedures approved by the
State Auditor.
7 .4 The Board may purchase liability insurance with such
limits as it deems reasonable for the purpose of protecting
• the Board and'Airport employees against liability, for personal
or bodily injuries and property damages arising from its acts
or omissions while performing or in good faith purporting to .
perform its official duties. l- -
In the event that the Board may not purchase insurance
at reasonable rates, the Board may adopt resolutions providing
for the indemnification, including reasonable costs and
attorney's fees, • against liability for personal or bodily
injuries and property damages arising from its acts or
omissions while performing or in good faith purporting to
perform its official duties.
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g, p0tARs oF ,THE AIRPORT BOARD. The Board shall-have
the authority to exercise all of the powers granted- to munici-
palities pursuant to the provisions of RCW 14. 08 et sea-, in the
management, operation, and control of the Airport for aviation and
business park- purposes, subject to final approval of the annual
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budget for each entity except that:
(a) Eminent domain power must be exercised jointly by the •
Parties;
(b) The acquisition, sale, transfer, or disposal of real
property, except the grant of a lease, must be by joint action '
of the Parties;
(c) Police regulations governing conduct and use of the
Airport to be enforced through a judicial proceeding, if not
adopted by the joint action of the Parties, must be adopted
pursuant to the requirements of City or County ordinances and
resolutions. The Airport Board may adopt reasonable rules and
regulations for the control' and management of the Airport not
requiring judicial enforcement, including, but not limited to,
minimum . standards • for aeronautical and nonaeronautical
activities; •
(d) Contracts for public works and procurements of .goods
and services must satisfy the legal and procedural
requirements of the City;
(e) The employment, terms of employment, and termination
of the Airport Director and of the Business Park Director must
be jointly approved by the City and County;
(f) Capital improvements of Airport property, for
aeronautical, commercial, and industrial purposes, shall be •
in accordance with an Airport Master Plan jointly adopted by
the Board, City, and County, and approved by the FAA; and
(g) All aviation capital improvements and land uses
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conforming with said Master Plan shall not be subject to City 1
or County zoning regulations. The Airport Industrial Park
Master Plan, which has been previously approved and accepted
by the City and the County, is to be considered an acceptable
Master Plan for the development of the Spokane International
Airport Business Park.
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.9 . UTILITIES,. •
9.1 City has assumed responsibility for the maintenance
and operation -of the Spokane -International Airport, water and
sanitary sewage disposal system, excluding any septic tanks,
cesspools, or similar onsite sewage disposal systems in
existence on Airport property.
9.2 Ownership of lines, wells, pumping stations, and
other component parts of the water and sanitary sewage
systems within the boundaries' of the property
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jointly by the City and the County for Airport operations,
excluding on-site sewage disposal systems, as noted above,
have vested in the City in the same manner and subject to the
same regulations and procedures as if those facilities were
located within the 'city limits.
9.3 The City shall be responsible for maintenance and
operation of all utility lines and component parts. The cost
of new. water meters, installation costs, the upgrading of
existing meters, and any other costs usually related to meter
installation will be borne by the user.
9 .4 All decisions relating to operation of existing or
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future lines including the active nature of substandard or
high maintenance lines will be made by the City.
9.5 All future expansion and upgrading of such' systems
will be done in accordance with City policy in effect at the
time and will become the property of the City; provided that,
the City may authorize, upon the recommendation of the Airport
Board, the construction and installation of sewer lines, water
lines, pumping stations, wells and other component parts of
the water and sanitary sewage disposal systems within the
Airport boundaries by private contract.
9. 6 .Utility service shall be . provided to users located
on SIA property at in-City rates. All rules and regulations
which apply to in-City users will apply to said SIA users.
Any user who had a service -agreement with the Airport shall ;: .
enter into a new agreement with the City.
9.7 'A Utilities Plan shall be maintained by the City .
which will depict all utility lines and facilities and, the
appropriate City departments shall be given the necessary
easement for access to those existing lines and facilities for
service and maintenance. The City will coordinate its utility
planning and development with the Airport Board and in
compliance with United States Federal Aviation Administration
(hereinafter "FAA") rules and regulations in order to minimise
any interference with Airport operations and all construction
and expansion of the water and sewer systems shall then be
added to the Utility Plan with the necessary access extended
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as with the existing system. Easements for the Airport...,
utilities system, as well as real property site requirements,
shall be provided at no cost to the city.
9.8 - If it becomes necessary, in the expansion of the
Airport utilities system, to form a local improvement district
to provide for said expansion, then the City and the County
agree, as co-owners of the Airport property, to jointly sign
petitions as authorized and required by law for the formation
of said local improvement district. If utility service is
expanded by the formation of a local improvement district, or
other similar method, then the City and County agree that
assessments may be placed against any Airport property not
being used for Airport purposes in the proportion that said
property specially benefits from the construction,
improvement, and/or expansion of the utility service.
9.9 In 'accordance with existing City policy governing the
extension of utility service and in consideration of the City
. providing sewer and water service- to the Airport, the County
agrees not to oppose the annexation of the Airport to the City
of Spokane at such time as said property is contiguous to the
City boundaries or is contiguous to other property which is
in the process of being annexed to the City of Spokane by a
valid petition of private property owners. -
10. PERSONNEL_ The Board shall employ, subject to City and
County approval the following:
(a) A Director of Airports who shall be the chief
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executive officer and director of administration of all
matters pertaining to Airport aeronautical operations; and
(b) A Spokane International Airport Business Park
Director shall be the chief executive officer and director of
the administration of the commercial and industrial
development of Spokane International Airport Business Park
property not directly required for commercial aeronautical
purposes, all as in accordance with the FAA -approved Master
Plan. •
10.1 The Board may employ or contract for personnel to
• operate the Airport. Any employees shall be employees of the
Board and shall not be considered employees of either Party.
The Board, however, may contract with either Party or other
recognized service - providers for payroll, withholding,
unemployment, worker's compensation, and fringe benefits, and
accounting and administrative services as the Board, from time
to time, shall prescribe.
10.2 The Board may employ, or contract with a private
body or political subdivision of the state to furnish, law
enforcement and firefighting 'services and personnel in
accordance with RCW 14.08.120(2) and FAA rules and
regulations.
10.3 The Board shall retain legal counsel other than from
the offices of the Prosecuting Attorney and City Attorney.
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11. AMENDMENT. This Agreement may be amended at any time by
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mutual agreement of the parties. i
This Agreement is intended to set forth the basic '
agreement between the Parties. Nothing herein prevents City,
County, and Board from agreeing to any specific matter consistent
with this Agreement.
12. TERMINATION. Either Party may terminate this Agreement
effective at the end of any calendar year, by serving written
notice on the other before the 1st day of October of the previouS
year. The terminating Party shall also give notice to the Board,
the FAA and to other agencies with jurisdiction over or a financial
interest in the Airport.
' 12. 1 After notice of termination has been given, if the
Parties do not, by the 31st day of December of what will be
the last year of joint operation under this Agreement; reach
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an agreement regarding the takeover by either Party, or other
operation of the Airport, or the abandonment and liquidation
of the Airport, than the terminating Party will acquire the
assets and assume the liabilities of the Airport, except that
the City Utilities facilities remain the property of the City.
Should it become necessary to engage independent appraisal or
arbitration services to determine the amount and nature of
payments between the Parties to compensate for any difference
in the value of assets and liabilities, the Parties agree to
share the costs equally.
IN WITNESS WHEREOF, this Agreement has been signed and sealed
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in duplicate in Spokane, Washington, by
CITY OF SPOKANE
By
ZI, CIT MANAGER
• Attested this a r; day of
, 1990.
CITY C � f, _
COUNTY OF Pgb E
I. d
By •
COON OMMISSIONER
B :� • s4
410pRUNTY CO 'N
Orjeieferlec• .44„ /1 Aelpienont?'
COUNTY COMMISSIONER
Attested this A8 day of
, 1990
ERK OF THE BOARD /
Appro ed as to legal form:
A SIS - CITY ATTORNEY
DEPUTY PROSECUTING ATTORNEY
JN\24 180.69001\AP-CIT7.AOI
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THM:3 TO CERTIFY THIS IS A TRUE AND
OINIFIECT COPY OF THE ORIGINAL.COCUMc,4•
Pip. ON FILE IN •• •
COMNI :+: MINUTES OP/ ,' lad COUNTY OF SPOKANE
•
• pi's a' •0 ._ .I:iga
.1. 1�✓vs- ./�L/� , , , CITY OF SPOKANE
:(of THE EOARII
JOINT RESOLUTION •
A JOINT RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON, AND THE CITY COUNCIL OF
THE CITY OF SPOKANE, WASHINGTON, AMENDING AN AGREEMENT
BETWEEN THE COUNTY AND THE CITY TO PROVIDE FOR THE
MAINTENANCE AND OPERATION OF SPOKANE AIRPORTS.
BE IT RESOLVED by the Board of County Commissioners of Spokane
County, Washington, and by the City Council of the City of Spokane,
Washington, as follows: •
WHEREAS, pursuant to the provisions of Chapter 14.08 of the
Revised Code of Washington, the. City of Spokane and the County of
Spokane may jointly create an •airport and establish . an Airport
• Board to operate Spokane Airports; and •
WHEREAS, pursuant to the sabove-cited statutory sections, the I •. .
City of Spokane and the County of Spokane desire to amend the f '
Agreement executed between the . parties with respect to• the
management and operation of the Spokane Airports.
NOW, THEREFORE, BE IT RESOLVED by the City of Spokane and the
County of Spokane that the Mayor and the City Clerk and the .
Chairman and members of the Board of County Commissioners are
hereby authorized and directed to execute the Amended Spokane
County/City Airport Agreement between the City of Spokane and the
County of Spokane concerning the maintenance and operation of the
Spokane Airports as provided in the attached Amended Spokane
County/City Airports Agreement.
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PASSED AND ADOPTED this. day of , 1990.
CITY .OF SPOKANE, WASHINGTON
,a • s . , % .
• - Mayor .
ATTEST:
City C1 k , •
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VO/V4/V4 rrki 11.V 1 rA.A Uve 700J vi4v — . —
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COUNTY O. PO / , WASHINGTON
b"./' lam
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• 1T : 0 . .�'--
' //..::,:...ilia' .11;;;.- ...,__. 4 . ...i. ..4
•Clerk of t.a :oard
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APPR j of D AS TO 'EGAL FORM:
_. ...e.:--;01'
Sisant City Attorney
Deputy Prosecuting Attorney
jn\24180-89.001\56ramerd.05N
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