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Resolution 08-010 Temporarily Closing Spokane River CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 08-010 A RESOLUTION TEMPORARILY DIRECTING THE PUBLIC NOT TO INTENTIONALLY ENTER, SWiM, DIVE OR FLOAT, WITH OR WITHOUT A BOAT, RAFT, CRAFT OR OTHER FLOTATION DEVICE, IN OR UPON THE WATER OF THE SPOKANE RIVER WITHIN THE CITY OF SPOKANE VALLEY 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 National Weather Service issued a flood warning for the Spokane River at approximately 4:45 p.m. May 19, 2008. WHEREAS, the City Council has received a request from Spokane County Sheriff Ozzie Knezovich and Spokane Valley Police Chief Rick Van Leuven to restrict access to the Spokane River due to extreme danger posed by elevated water levels in the Spokane River. The water levels pose a danger to any person entering the River, including rescue personnel; and WHEREAS, on May 20, 2008, Spokane County adopted a Resolution containing substantially identical restrictions and authorizations as those contained in this Resolution. An unsigned copy of the Resolution adopted by Spokane County is attached to this Resolution. NOW THEREFORE?, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, that the following temporary restrictions shall be in full force and effect: Section 1. Restrictions on Access to S+okane River. a. 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 within the City limits. b. The Spokane Valley Police Department is directed to take appropriate action to enforce this Order for the public health safety and welfare. c. The City of Spokane Valley Police Department will coordinate its actions in enforcing this Order with the Spokane County Sheriff and other law enforcement agencies and jurisdictions within Spokane County wherein the Spokane River flows. Section 2. Duration of Restrictions on Access to Spokane River. This Resolution shall be effective upon adoption, and shall continue in effect until the Spokane County Sheriff determines and provides the City with written confirmation that the conditions giving rise this Resolution have abated. At such time as the Spokane County Sheriff provides that written confirmation, the authority and restrictions provided in this Resolution shall terminate. • Resolution 08-010 Temporarily Restricting Access to River Page 1 of 2 Adopted this 20th day of May, 2008. City of Spok •e" alley Mayor Richar Munson - -ESA, 4 , 4 ice /\ _City Clerk, Christine ainbridge Approved as to Form: Office of4Lle City Atto ley Resolution 08-010 Temporarily Restricting Access to River Page 2 of 2 NO. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF AN ) EMERGENCY ORDER DIRECTING ) THE PUBLIC NOT TO ) INTENTIONALLY ENTER, SWIM, ) DIVE OR FLOAT, WITH OR ) RESOLUTION WITHOUT A BOAT, RAFT, CRAFT ) OR.OTHER FLOTATION DEVICE, ) IN OR UPON THE WATER OF THE ) SPOKANE. RIVER WITHIN THE ) UNINCORPORATED AREA OF ) SPOKANE COUNTY AND OTI-TER ) MATTERS RELATED THERETO ) The above entitled matter having come before the Board of County Commissioners of Spokane County (hereinafter sometimes referred to as the "Board") for consideration at its May 20, 2008 2:00 p.m. Consent Agenda at the request of Ozzie Knezovich, Spokane County Sheriff, and after being briefed on the above matter by, Ozzie Knezovich, Spokane County Sheriff, Tom Matter, Director of Emergency Management, and James P. Emacio, Chief Civil Deputy Prosecuting Attorney, the Board moved and unanimously approved the following: 1. Orders the public not to 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 within the unincorporated area of Spokane County. 2. Directs the Spokane County Sheriff to take appropriate action to enforce this Order for the public health safety and welfare. 3. Requests that the Spokane County Sheriff coordinate his actions in conjunction with enforcing this Order with other law enforcement agencies and jurisdictions within Spokane County wherein the Spokane River flows. This Order shall be in effect until further notice. In taking the above action, the Board enters the following findings: Page 1 of 2 • 1. The National Weather Service issued aflood warning for the Spokane River at approximately 4:45 p.m. May 19, 2008. 2. This Order is being enacted pursuant to RCW 36.32.120(6), RCW 36.32.120(7), as well as to protect the public health, safety and welfare of the citizens of Spokane County as well as law enforcement officials who may be involved in rescue efforts on the Spokane River. PASSED AND ADOPTED this day of. , 2008. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON BONNIE MAGER., Chair ATTEST: TODD M1E.I_:KE, Vice Chair Daniela Erickson Clerk of the Board • MARK RICHARD, Commissioner Page 2 of 2 Spokane County Sheriffs Office '" • o let eD ..�. 111 •^'t�• • O - 1 , . ,r, tra Ozzie D. Knezovich, Sheriff' °w '- � �■ ' ���L[rr "In partnership with the community-Dedicated to your safety" June 6, 2008 City Manager Dave Mercier 11707 E. Sprague Suite #106 Spokane Valley, WA 99206 Re: Advisory on the necessity for continuing with the emergency restrictions on the Spokane River mandated by City of Spokane Valley Resolution Number 08-010 • Dear City Manager Mercier: Having been advised of the present relevant conditions on the Spokane River in the incorporated areas of the City of Spokane Valley by the Regional Department of Emergency Management, the Spokane County Sheriff is hereby confirming that he has been advised that the conditions giving rise to the issuance of Resolution Number 08-010 have abated. Sincerely, aZZi B. dr-OVICH, Sheriff • o - ounty • 1100 W. Mallon • Public Safety Building • Spokane, Washington 99260-0300 • (509)477-4739 • Fax: (509) 477-5641