Ordinance 05-031 Amends SVMC 3.40 Competitive Bidding Process •
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CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 05-031
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,AMENDING TUT REQUIREMENTS FOR COMPETITIVE BIDDING
PROCESS PURSUANT TO SVMC 3.40.050(H), PROVIDING FOR SF.VERARILITY,
AND EFFECTIVE DATE.
WHEREAS, the City Council adopted SVMC 3.40.050 July 22, 2003, establishing guidelines for
purchasing real property; and
WHEREAS, one of the requirements in SVMC 3.40.050 is subsection H, which requires, in part,
that any purchase of real property be done at fair market value, unless the City Council gives prior
• approval; and
WHEREAS, the City utilizes the services of the Washington State Department of Transportation
(WSDOT) for various aspects of road construction projects; and
WHEREAS, one of the services the City would use the WSDOT for is to purchase real property
on behalf of the City for road projects utilizing federal funds; and
WHEREAS, the process used by the WSDOT to purchase real property for road projects,
including purchases in excess of fair market value, is specifically prescribed by the provisions RCW 8.26
and WAC 468-100; and
WHEREAS, the provisions of RCW 8.26 and WAC 468-100 are required by the Federal
Highway Administration for the purchase of real property associated with federally funded road projects;
and
WHEREAS, the provisions of RCW 8.26 and WAC 468-100 provide sufficient protection and
oversight to ensure that any transactions for real property in excess of fair market value by the WSDOT
on behalf of the City would only be done under appropriate conditions.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as
follows:
Section 1.. Purpose. The purpose of this Ordinance is to amend Spokane Valley Municipal
Code section 3.40.050(H) to allow an alternative exception for paying above fair market value for real
property in conjunction with a road construction project.
Section 2. Amendment to SVMC 3.40.050(H). Spokane Valley Municipal Code Section
3.40.050(H) shall be amended to read as follows:
H. Real Property. Acquisition of real property is exempt from the competitive bidding
requirements set forth in this chapter. Upon approval of the city council, the city manager or
designee may proceed to acquire real property through negotiation. Such negotiations shall be
based upon a fair market value appraisal of the property. The City shall not pay more than fair
market value for any real property, except with prior city council approval, or except as may be
approved by the Washington Department of Transportation on behalf of the City for road
construction projects.
Section 3. The remainder of SVMC section 4.30.050 shall remain unchanged by this action.
Ordinance 05-031 Amending SVMC 3.40.050(H) Page 1 of 2
Section 4. 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.
Section 5. Effective Date. This Ordinance shall be in full force and effect five(5) days after
• the date of publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this 15`h day of November, 2005. •
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ja A k Wkia )
Mayor, Diana Wilhite
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7-
Cl rstine Bainbridge, City Clerk /
Approved As To Form:
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Office of th' City Attorney
Date of Publication: 11-18-05
Effective Date: 11-23-05
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Ordinance 05-031 Amending SVMC 3.40.050(H) Page 2 of 2