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2003, 07-08 Regular MeetingCITY OF SPOKANE VALLEY AGENDA CITY COUNCIL REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, July 8, 2003 6.00 p.m. COUNCIL REQUESTS ALL ELECTRONIC DEVICES BE TURNED OFF Vi TILE IN ATTENDANCE AT TIC COUNCIL 1FET 1] C CALL TO ORDER 2. PLEDGE OF ALLEGL NCE 3 . INVOCATION Pastor _Al l lulten, Valley Assembly of Goal 4. ROLL CALL y AGENDA 5. APPROVAL. OF AGENDA 5.. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE BO LIAISON SUMMARY REPORTS 3. IVL &VOWS _ RErot °1' 9. PUBLIC COMMENTS (For m nibcrs of the Public to speak to the Council re,grding matters NOT on the Agenda. Please state yourna le and address for the record and limit remarks to three minutes. Thank you.) 1'0. PUBLIC HEARINGS 1 L CONSENT AGENDA (Consists of items considered routine which are approved ns a mauls, A Councilmemb r may remove an uem from the Consent Agenda to be considered separately.) a. Approval of the Regular Council Meeting Minutes of jtntie 24, 2&03 b. Approval of Study Session Minutes of July 1, 2003 c. Approval of Claims - S1, 36 ,198.79 d. Approval of Payroll - 551,849. c. Approval of Affordable Housing Interi al Agreement 12 OLD BUSINESS 13. NEW BUSINESS Ordinances — First Reading I. Ordinance No. 03-970 Alarm and Fee Collection Ordinance [public comment] 2. Ordinance No. 03-071 Establishing Policy for Purchase of Coods, Services (public continent' 3. Ordinance No. 03 -072 Granting Contract Authority to City Manager (public comment) 4. Ordinance No. 03 -073 Granting Franchise to Columbia Fiber (public comment] 5. Ordinance No. 03-074 Amending Ordinance 3 to Provide Additional Authorization to Sign Checks [public comment( b. Resolutions: 1. Resolution No. 03 -040 Granting Authority to Open Accounts and to Deposit and Withdraw Funds (public comment] 2. Resolution No. 03 -041 Establishing Signature Limits with Respect to Agreements public comment] c. Motions: 1. Approval of Cable TV Advisory' Board proposed language from the City of Spokane with Amendment (public comment] 2. Spokane Regional Transportation Council Agreement (public comment] 3. Planning Commission Guidelines and Rules (public comment( 14. PUBLIC COMMENTS (Maximum of three minutes pleases; state your name and address for the record) 15. PENDING LEGISLATION 16. ADMINISTRATIVE REPORTS INFORMATION 18. ADJOURNMENT FUTURE SCHEDULE A) July 10, 5:30 — 630 p.tn., Council Chambers., Wastewater Treamsent, Bruce RawL . Spokane Co. B) July 15, 2003, Council Study .Sesyian, 6:00 p.m. City Hall C) July 16, 2003 New Management Staff Reception, 5:30 — 7 :30 p.m., Council Chambers D) EMS Communications Meetings to be rescheduled to a Wednesday night E) July 22, 2003, ( Regular Meeting, 6:00 p.m., City Hall 19 July 29, 2003, Council Study Session, 6:01) p.m., City Hall G) July 31, 2003, WCIA Land Use Law and Liability Training 11) .august 5, 2003, Council Study Session, 6:00 p.m., City Hall I) August 12, 2003, Council Regular Meeting, 6:00 p.m, City Hall I► _ DATE ACTION IS REQUESTED: July 8 Consent Agenda APPROVED FOR COUNCIL PACKET: City Manager Dept. Mead Attorney Approve As To Form SUBMITTED BY: Chris Bainbridge, City Clerk ALTERNATIVES: FISCAL IMPACT: $ SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION TITLE: Minutes of Regular Council Meeting June 24, 2003 ATTACHMENTS: TYPE OF ACTION: Ordinance Resolution x Motion _ Agreement RECOMMENDED ACTION: Approval of Minutes of Regular Council Meeting ofJune 24, 2003 DRAFT MINUTES City of Spokane Valley City Council Regular Meeting June 24, 2003 Deputy Mayor Wilhite called the City of Spokane Valley Regular Meeting to order at 6:00 p.m. Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Richard Munson, Councilmember Staff Present: Stan McNutt, Interim Deputy City Manager Stanley Schwartz, Interim City Attorney Cary Driskell, Deputy.City Attorney Dick Thiel, City Engineer Bill Hutsinpiller, Interim Parks & Recreation Director Bob Ely, Interim Building Official Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Pledge of Allegiance: Mayor DeVleming led the Pledge of Allegiance. Invocation: Pastor Barry Foster, Valley Point Church at Pines gave the invocation. Roll Call: City Clerk Bainbridge called roll. Approval of Agenda: Deputy City Manager McNutt stated that Consent Agenda Item #J should be removed from the Consent Agenda and placed under Old Business in order to have reports and comments relative to that Resolution; Deputy Mayor Diana Wilhite requested that Mirabeau Point Park Project also be moved to Old Business. It was moved by Councilmember Denenny and seconded by Councilmember Wilhite to approve the agenda as amended. Vote by acclamation: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. Introduction of Special Guests and Presentations: Deputy City Manager McNutt explained that this will be his last council meeting and then briefly introduced the new Deputy City Manager Nina Regor. Outgoing Building Official Bob Ely then introduced new employee Tom Scholtens, new Building Official from Ada County. Mayor DeVleming also expressed appreciation to interim staff McNutt and Ely and Councilmember Flanigan presented the two with a commemorative clock. Committee, Board, Liaison Summary Reports: Councilmember Taylor mentioned the meetings and interactions with other city officials at last week's Association of Washington Cities conference. Councilmember Flanigan said the RFP for the hotel/motel tax committee proposal has been completed with a July 15 deadline to submit proposals. Councilmember Schimmels mentioned the upcoming July 26 Art and Craft Fun Day; and reported that he spoke to the Rotary Club on "How To Start a City from Scratch." Councilmember Munson reported that he had the honor of being voted an AWC director. Councilmember Denenny added that there will be an all -day STA task force workshop July 16. Council Minutes 06 -24 -03 Page I of 6 Date Approved by Council: DRAFT MAYOR'S REPORT: Mayor DeVleming reported that he issued a few proclamations last week and that the day after tomorrow will be the first of many conversations with the community at the Senior Center at Mission, starting at 2:00 p.m. PUBLIC CONLVIFNT: Mayor DeVleming asked for public comment on matters not on the agenda, and three individuals (Bob Leyerley, Bill Gothmann, and Gene Hinkle) spoke of their concern with junk vehicles and urged the Mayor and Council to approve the junk car ordinance. PUBLIC REARING: None. Consent Agenda: After Bainbridge read the Consent Agenda (minus item 11j), it was moved by Munson and seconded by Denenny to approve the Consent Agenda. It was then moved by Councilmember Taylor and seconded to remove Consent item 11g, the Community Development Block Grant, from the consent agenda. Vote by acclamation on the second motion: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried and item l lg was moved from the consent agenda. Mayor DeVleming then called for the vote on the motion to approve the Consent Agenda as amended: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. .Consent Agenda approved as amended. g. Community Development Block Grant Cooperative Agreement.. Councilmember Taylor asked if we finalized any arrangement regarding the number of seats we were going to be permitted to appoint to that.Board. Councilmember Munson said paragraph 13 states we shall have one member. Taylor and Munson voiced their opposition to only having one board member and Taylor indicated he would like the issue resolved and that he would like to work with this consortium in order not to hurt any small cities which may be aided by this grant. Taylor added that without the participation of the City of Spokane Valley, the County would lose their urban designation, and as Spokane Valley is the urban component in this process, we need to insure we have the appropriate representation on the Board. Discussion ensued about the time factor involved in the agreement, the specific representation of Spokane Valley on the Board, the number of representatives necessary and having that reflected in paragraph 13, and the current board's composition. It was moved by Munson and seconded by Wilhite to direct the City Manager to request proportional representation on the board, give the City Manager the authority to negotiate that, and authorize the City Manager to execute this agreement if it is in the best interest of the City. Vote by Acclamation: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. OLD BUSINESS: a. Resolution 03 -039 Approving Form of Agreements for Professional Services,Ggenera! Services, and Construction Services. It was moved by Denenny and seconded by Wilhite to approve Resolution 030 -039. McNutt explained that at some point the Mayor would be passing final execution authority to staff and to do that a comprehensive set of ordinances and resolutions is necessary establishing limits in which staff is to operate. McNutt suggested adoption of the ordinance with the provision that the dollar limits upon administration on projects, after budget consideration, be adopted by resolution. After discussion on the Agreement for Professional Services, page 1, subparagraph 1C which addresses modifications, it was recommended that paragraph 1C in the Professional Services Agreement also be added to paragraph l of the General Services Agreement, which is the ability of the City to modify the agreement when appropriate. Discussion then turned to prevailing wage laws and applicability in the Construction Services Agreement at #7. Schwartz recommended changing paragraph #7 to add the words "unless provided otherwise." Mayor DeVleming invited public comment on the resolution. None being offered, it was moved by Council Minutes 06 -24 -03 Page 2 of 6 Date Approved by Council: DRAFT Councilmember Munson and seconded to approve the amended Resolution to reflect the adding in the Professional Services Agreement paragraph iC to the General Services Agreement, and to add the words "unless provided otherwise" to the Construction Services Agreement at paragraph #7. Vote by acclamation: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. b. Mirabeau Point Park Project, Mike Ormsby [Councilmember Munson excused himself at 6:50 p.m. and returned at 6:55 p.m.] Ormsby provided a brief update on the legal issues surrounding Center Place Project at Mirabeau Point, and added he, council and staff are aware of and working on policy and financial issues. Ormsby explained that the legal issues are primarily driven by the arrangements through the interlocal agreement with the Public Facilities District and Spokane County and also those legal issues relative to the regional project itself. Ormsby said that in a meeting with the Public Facilities District, that the District was proposing financing which separated the arena operations and revenue from the proposed convention center operations and revenue and as a result, the Convention Center project had not been constructed yet. He added that he felt it was going to be necessary for some type of "credit enhancement" for the Public Facilities District to issue those bonds. That form of credit enhancement was a guarantee by the County to be reimbursed by the City, which created the necessity for further rounds of discussion. Ormsby explained that the PFD suggested they remove the separation between the Arena and the Convention Center finances; and they also proposed taking $6.5 million of a capital reserve and using that money to defease some bonds they issued in 1995. Ormsby said it was mentioned at today's PFD meeting that the. PFD in issuing those bonds, would take $6.5 million of those bond proceeds and use it to pay themselves back; however that is not correct. Ormsby stated that the PFD will use the $76.5 million to construct the project, and that they plan to pay themselves back with the excess revenues, and that this is one point of difference between the governmental entities. Ormsby said the Convention Center will still cost the estimated $77 million, but instead of having the other agreements in place to provide a guarantee, the PFD would issue and be responsible for their debt, and the City of Spokane Valley would do likewise, as would Spokane County, and that there will still be an interlocal agreement between the PFD, City of Spokane Valley, and the County. That agreement would provide that the PFD provide us funds annually in an amount sufficient to pay off our bonds. Ormsby said there is a reserve fund for the PFD bonds but there is no reserve fund for the City's bonds; and the PFD's rationale is because they have defeased $6.5 million of their bonds, they have expanded the revenue sources available for debt service on the County's and the City's bonds, so there is less of a need for reserve fund. Ormsby said we will issue bonds and make debt service and if for some reason the PFD is unable in a given year to reimburse us the entire amount of the principle and interest that we paid on our bonds, they have agreed that they will repay us that amount plus interest at the next time they have sufficient money to do so; and that they will continue to levy taxes as long as necessary to make sure we are paid off; and if they have not paid us in full by 2033 and if there is a deficiency, they will either issue debt or supply the funds otherwise to make both the County and the Valley City whole. Ormsby said the primary issue remaining upon which he would appreciate Council's guidance, is the issue of that excess revenue or that which is left over after the debt service is covered and reimbursements are made to the Valley City and to the County. Ormsby said two potential limiting factors on the revenue stream are (1) do we give some credit to the PFD for the $6.5 million they moved from arena debt service and capital improvements to pay off debt now to widen the revenue stream that is available for all; or (2) of that $279 million figure, a lot of which is based on tax collections that were approved prior to May 21, 2002; if they have widened that revenue stream and made more of that available and they were going to be able to collect it anyway, is that a limiting factor. Council Minutes 06 -24 -03 Pope 3 of 6 [Date Approved by Council: DRAFT Ormsby summarized that the PFD's position in that they are prepared to guarantee the debt service of the Valley City and the County, and that the PFD will not require issuance of capital appreciation bonds but will let the entities issue equal amortized debt and the PFD will help cover that; and if there is ever a deficiency the PFD will reimburse that with interest; but the quid- pro -quo is we get to keep any surplus; and the PFD heard at today's meeting that that is not acceptable as the City expects to get a proportionate share of that excess revenue; although the issue of defining the excess revenue is still unclear. Ormsby said that the timeline for the PFD to make a decision on this is next Tuesday; and that Ormsby suggests determining the definition of excess revenue, which could be the revenue that exists minus the revenue they would have gotten on just the tax levy approved for the arena prior to the vote of May 2002; it therefore may be fair to subtract that amount when you are trying to dcternine what the excess revenue is; and then Council may want to subtract a figure that might include interest; then whatever is left at that point is the figure that you would apply the percentages to: the 7.65 for the Valley City and the 12.5 for the County, then the PFD would get the rest. This is an option that might be acceptable to the PFD. It was clear after today's PFD meeting that the City said that not sharing excess revenues is unacceptable. Ormsby said he will inform the PFD at Tuesday's meeting that the City wants to work with them on this issue, and that Ormsby will keep the Council updated on these issues. In reference to a question from Councilmember Schimmels regarding maintenance and operation, Ormsby said that is a large issue, and one which Dave Mercier has asked staff to work on regarding the marketing and financial plans; we may get reimbursed for up to $7 million in capital construction costs but that does nothing for the maintenance and operation expenses. Councilmember Taylor added that we need to make sure there is parity in the excess revenues that are created from the original project revenues and we get our share. Ormsby said he feels the direction council has given is that the Valley City would like to have a proportionate share of the excess revenues of this project and what we are willing to talk with the PFD about how to define those excess revenues. Ormsby said he will be in contact with County's counsel tomorrow to discuss this and then in contact with PFD's counsel the following day for discussion. Ormsby indicated other issues for council consdieration include the whole concept of a regional project. Ormsby said it is important to have in mind a regional project beause we can only use the reimbursement funds we receive from regional project tax revenue to reimburse bonds issued for a regional project — which is a convention or related facility. Staff has given more clarification of the project and the uses that will be put to the facilities constructed with bond proceeds and that is one of the reasons Ormsby is sharing the certificate of the city; and to leads to the question of why are only two of the three revenue sources available to the Valley City. Ormsby said staff also needs to consider operation and maintenance. Ormsby concluded by stating that in terms of the current interlocal agreement, to insure it contains the representations needed for the City to qualify for regional project tax revenue. It was mentioned that the agreement does not provide for any lien or other ownership interest in the PFD which was a very fundamental part of council instructions at the onset. Ormsby said the County is working with Sschwartz and his firm on the transfer of the real estate from the county to the Valley City and Mirabeau Point is in the area of the parkland that is being transferred, and that process is going forward and needs to be completed before we can begin construction. Ormsby said he feels there should not be a problem with that occurring in the timeframe of when construction can begin — probably fall at the earliest. Ormsby said he will begin work on the allocation of excess revenues and will report back to the Council. Councilmember Munson said that in January, he, Ormsby, and Taylor discussed a general idea which is what has been finally passed, that each entity would be responsible for their own bonds and that we would negotiate how those bonds would look and he expressed appreciation that the PFD recognized that. Mayor DeVleming called for a short recess at 7:40 p.m., and reconvened the meeting at 7:56 p.m. Council Minutes 06 -24-03 Page 4 of 6 Date Approved by Council: DRAFT ADMINISTRATIVE REPORTS: Interim Deputy City Manager McNutt said that in reference to the Prothman Memorandum of Understanding on the consent agenda, that McNutt spoke with the City Manager and that a position was inadvertently omitted from the agreement, that of City Engineer, and that should be included with the other positions listed on the agreement. it was moved by Munson and seconded by Wilhite to add the position of City Engineer to the Proth Memorandum of Understanding. Vote by acclamation: Ayes: Unanimous. Nays: None. Abstentions: None. Motion carried. Columbia Fiber Update: McNutt said he would like to relay a modified proposal from Columbia Fiber which can be discussed at the next study session with the goal of settling the matter at the July 8 regular council meeting. McNutt reported that John Everett of Columbia Fiber, has modified his position for council consideration that instead of the previously mentioned $75.00 per month per mile of fiber use, that Everett would propose $50.00 with no minimum. In addition, the offer would be for four fibers dedicated exclusively to City business, that they would want shared GiS files regarding projects in our right -of -way and only those issues which arc appropriate to their engineering needs, that they would like relocation protection assistance. McNutt said these issues and further details can be discussed at the July 1 study session. Deputy City Manager Purchasing Ordinance Memo: McNutt said his memo is self - explanatory, but that McNutt wanted to give City Attorney Schwartz an opportunity to tic this subject together to help council in their consideration of evolving this into a permanent and complete purchasing ordinance. Schwartz stated that there are two ordinances which will be coming back for further consideration. The purchasing ordinance deals with the purchase of goods, services, supplies and equipment and based upon discussion, that ordinance will be modified to provide that Council will set the City Manager authority by resolution. Schwartz explained that the draft ordinances under discussion are models of best practices used by many Washington State cities. The second ordinance regarding City Manager authority will be modified to provide that Council will establish the City Manager signature authority by resolution, which will be for the public works contracts off the small works rooster, and then the professional services or general services is a matter council will establish by resolution. Schwartz said he feels it is important to put these administrative procedures and protocols in place as it puts the public clearly on notice of how government creates a level and fair playing ground. Schwartz said that state law provides that the City Manager can make adjustments but that the City Manager cannot spend beyond the budget; and that state law requires financial quarterly reports. Laptop Training Session: Interim Deputy City Manager then explained how the "net meeting" session would work and worked with council on becoming comfortable with sharing documents. The study session lasted from approximately 8:05 p.m. until 8:50 p.m. Mayor DeVleming indicated more study sessions will be set aside for future laptop training. PUBLIC COMMENT: Mayor DeVleming asked for public comment. None was offered. INFORMATION: Deputy Mayor Wilhite mentioned that the web committee has received 20 proposals and is setting up a meeting to have the first evaluation of those proposals. Munson said he would like to be included on that committee and Denenny said he would like to be notified of the meeting times. Wilhite said council will be notified of the meeting dates and times, and that .the next meeting is set for July 9 at 1:15 p.m. in Council Chambers. Councilmember Schimmels said the County Commissioners are meeting with the Health District Thursday regarding our seat on the board and asked if anyone from council or staff will be attending. Council Minutes 06 -24 -03 Page 5 of 6 Date Approved by Council: Mayor DeVleming indicated he and City Manager Mercier will be attending. It was also mentioned that the June 25 date for EMS meeting has been changed to July 21. Taylor asked about the wastewater meeting with the department of ecology; Mayor DeVleming said they are trying to set with meeting with DOE and are working on coordinating a date. It was moved by Flanigan and seconded by Munson to adjourn. The meeting adjourned at 9:00 p.m. ATTEST: Christine Bainbridge, City Clerk DRAFT Michael DeVleming, Mayor Council Minutes 06- 24-03 Page 6 of 6 Date Approved by Council: 1 DATE ACTION IS • REQUESTED: Minutes f Study Session Meeting J 8 July 1, 2003 • Consent Agenda - - APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form ATTACHMENTS: TYPE OF ACTION: Ordinance Resolution x Motion Agreement SUBMITTED :IJY: Chris Bainbridge, City Clerk RECOMMENDED NDEI) ACTION: Approval of Minutes of Regular Council Meeting of June 24, 2003 ALTERNATIVES: FISCAL IMPACT: S SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION DRAFT MINUTES City of Spokane Valley City Council Study Session July 1, 2003 Attendance: Councilmembe.rs: .Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Staff Present: David Mercier, City Manager Nina Regor, Deputy .City Manager Stanley Schwartz, Interim City Attorney Dick Warren, Interim Public Works Director • Marina Sukup, Community Development Director Greg McCormick, Long Range Planning Manager Ken Thompson, Finance Director Cal Walker, Police Chief - Bill Hutsinpiller, Interim Parks & Recreation Director Mike Jackson, Parks & Recreation Director Cary Driskell, Deputy City Attorney Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone that this is a study session and there will be no public comments, and requested that all electronic devices be turned off for the duration of the meeting. 1. Employee Introductions: City Manager Dave Mercier introduced Ken Thompson, Finance Director recently from Albany Oregon; Mike Jackson, Parks & Recreation Director recently from Sterling, Colorado; Nina Regor, Deputy City Manager • recently from Gresham, Oregon; and Marina Sukup, Community . Development Director recently from Allen 'Texas. Mayor DeVleming and all councilmembers welcomed the new employees. 2. Proposed Parks Title Transfer Update. Interim Parks & Recreation Director Bill Hutsinpiller deferred to City Attorney Stanley Schwartz for the update. Schwartz explained that there are three pending issues regarding this title transfer: (1) Buttercup Park; a -former hazardous waste site: although the site was capped and cleaned, if we accept the property we would be responsible for all cleanup so we proposed some indemnification language to protect us., Schwartz said he needs to respond to a .letter just received from Emacio 'regarding this topic. (2) five -year probation on sale of property with a public hearing requirement: Schwartz said the City feels the five -year period is acceptable but to require a public hearing would be to usurp council's authority. The response from the County is that the County would like to impose a public hearing requirement on any disposition of park property transfers. (3) a "me too" clause, meaning if the County offers any services to other jurisdictions, we should also be entitled to those services. Schwartz said the County's response was no, that the County wants to be able to offer services to other jurisdictions at lesser costs. • Schwartz explained that he has not yet received a response from his; June 24 letter to Emacio wherein Schwartz asked three questions: (1) if we fail to reach indemnification for Buttercup and the City refuses Study Session Minutes 7 -01 -03 • • Date Approved by Council: Paget of 5 • DRAFT to accept Buttercup, will the other properties be transferred; (2) if the City refuses to accept the.County imposed public hearing requirement will the properties be transferred; and (3) if we can't reach atgeernent on the "me too" clause will the properties be transferred. Schwartz then gave a brief history.on how the County received the Buttercup property, and added that once the materials on the property have been analyzed, those findings will be reported to council. Schwartz said the matter is proceeding as rapidly as possible, that the Commissioners meet every Tuesday and he will do what he can to resolve the issue but needs a response from the County. Mayor DeVleming recognized County Commissioner Kate McCaslin. Commissioner McCaslin said the Commissioners met today and agreed they would indemnify and that they too are anxious to resolve this issue.. McCaslin said from.a public policy standpoint she could not imagine this . council selling park property •without public input; .however, there is a question of future councils. In reference to the "me too" clause, McCaslin said the County works hard with all the struggling small towns; she realizes everyone has budget issues but the small towns'-budget issues pale in comparison; the County has programs they offer only to small towns and there is approximately 5100 available to those small towns for proposals such as for park restroom improvement. She said the feels they should not have to and are not comfortable in making those offers to Spokane She mentioned that perhaps some compromise could be worked out, but that they would still like to keep that discretion with the small towns. McCaslin concluded by stating that as the County agreed with the indemnification, and perhaps an agreement can be reached on-the other two issues. Councilmember Munson suggested passing an ordinance to require public hearings in matters of this type, and McCaslin said that if the City passed an ordinance, the County would consider that. Schwartz added that indemnification is more complicated as it also involves restrictive covenants which obligates the property owner to notify the Department of Ecology annually that the property and the cap have undergone visual inspection and repairs are maintained; also that the City needs to know what has been done and what is below ground and that we need discussions on the scope of the •indemnif cation. C_: / Councilmember Munson asked about the ramifications• if we were to proceed with the rest of the properties and not take Buttercup. City Manager Mercier said if 'Buttercup were not an issue, • the transfer would be expedited. Council directed staff to continue to work on the issues. 3. Proposed Parks & Recreation Maintenance Agreement Update. Hutsinpiller stated that this item and the previous item are tied together at this point, that on an interim basis, we have effective maintenance at the parks, he has received positive feedback from the community on the maintenance of the parks, and that he hopes to finalize these matters soon. . It was proved by Councilmember Munson and seconded by Councilmember Flanigan. to instruct staff to take /Buttercup off the table and to continue to negotiate on it and move forward with the rest of the package. Discussion then ensued on the pros and cons of the motion, including discussion on the other • two issues at hand (the public hearing requirement and the "me too" clause). Vote by Acclamation: Ayes: DeVleming, Denenny, Flanigan, Munson, Schimmels, Wilhite. Nays: Taylor. Abstentions: None_ Motion carrietd. 5. & 6. Cost Comparison Wastewater Treatment, and Sewer Extensions and .Operation (STEP) Agreement with Spokane County. Interim Public Works Director Dick Warren acknowledged the presence of and publicly.cornmended the work of Bruce Rawls and Kevin Cook for their efforts on the design of the STEP program. Warren explained that because there are a number of suggested changes, he asks to defer action on the STEP Agreement at this time and to combine that with whatever they finally arrive at on the agreement on the wastewater treatment issue. Warred said that he is attempting to meet with Schwartz and Emacio to finalize the agreement, that the City of Spokane should be in contact with Mayor DeVleming soon, and that Warren is confident negotiations will begin again regarding the Study Session Minutes 7 -01 -03 Page 2 of 5 Date Approved by Council: DRAFT wastewater treatment. Warren explained that he has a letter from the Commissioners regarding this issue, but the Warren feels there is time to proceed to determine if there is any further prospect for a regional agreement when the City of Spokane is ready to•bring the matter backon the table for discussion. Warren said they will respond to the County's letter and commend them on the low interest loan from the State, and will ask that DOE discussion continue as part of that response. Warren then discussed June 13, 2003 memo regarding the Status of Wastewater Collection and Treatment Agreements, Issues and Costs: Warren concluded by stating that there are possible savings by having a regional approach, that they will set a September date by which to make a decision, and in the meantime, they can either continue with regional planning or stop that and go with the plan already in place by the County. Warren said that the City and County agree on cost and capacity issues.• In reference to the agreement, Mayor DeVleming asked about section 1 -10 and stated that it was his understanding that GFC's for new development were going to be eliminated. Warren explained that matter is before the County now, and that new development is still being subsidized. Rawls explained that there would be a proposal to amend the ordinance in the fall for actual implementation January of next year that would eliminate subsidy for new development, but.that he would recommend to adjust the subsidy for the sewer portion so people in the septic tank elimination program would see the same subsidy and would pay the same price; and that he anticipated more detailed discussion of this matter next week. Munson stated his preference for not subsidizing new housing developments. It was moved by Mayor DeVleming and seconded by Munson to . eliminate new construction from the STEP program, or'being eligible for the STEP program. Vote by acclamation: Ayes: Unanimous. Nays: None. Abstentions: 'None. Motion carried. Discussion then ensued regarding utility tax, ownership of • the sewer system, sales tax revenues to the sewer program, and allocation of REET. Rawls said that his July 10` 5:30 presentation will help explain those issues, including issues of possible increase in fees.. Rawls said his primary focus of the July 10 meeting will be financing and funding and what happens with decreased real estate and sales tax. After further brief discussion on the TMDL (total maximum daily load) and perrnits acquired by Liberty Lake, Mayor DeVleming called for a recess at 7:30 p.m. Mayor DeVleming reconvened the meeting at 7:45 p.m. 4. Parks Maintenance Report. Hutsinpiller briefly discussion his "Park Assessment 2003" report and said this is to give perspective of things that need to be done in the future. Councilmember Munson said he would like to see a prioritization of these items determine what must be done to maximize public safety, and what can wait. Mayor DeVleming asked how these items will work in conjunction with the parks portion of the Comprehensive Plan. City Manager.Mercier said this list is primarily concerned with maintenance dollars, and that the current budget and any, budget amendment which may be proposed would not contemplate expanded expenditure on the parks, that we have a master plan for the parks to help decide which park has the greatest server potential• for citizens, and will keep this in mind as the Comprehensive Plan is considered. Mayor DeVleming thanked Hutsinpiller for his diligent work. 7. Proposed Affordable Housing lntcrlocal Agreement: Planning Manager Greg McCormick explained that Substitute House Bill 2060, enacted last year, provided for a $10.00 surcharge on instruments recorded with the county auditor's office; that the law allows auditor's office to withhold 5% of these Rinds for administration of the program, that 60% of the remaining funds are retained by the county in which they are collected, and 40% go to the state to fund state -wide affordable housing programs. Mc.Corrnick said the main part of this agreement is agreeing to participate in this program. It was the consensus of the Council that this item be placed on the next Council Consent Agenda. Study Session Minutes 7 -01 -03 Page 3 of 5 Date Approved by Council: .DRAFT 8. Proposed Alarm and Fee Collection Ordinance. Police Chief Cal Walker briefly discussed the proposed ordinance establishing alarm regulations and imposing fees, adding that there are approximately i -∎ 4,000 false alarms per year, half of which are from the Valley. Discussion then ensued regarding the fine for false alarms and subsequent false alarms; fees and proposed fees, full recovery in the fine schedule; and that schools are not charged for false alarms. It was recommended to remove the fees from the body of the ordinance, that the City's current fee schedule addresses these fees and will be revised over time, and to schedule this re- drafted ordinance as a regular agenda item for the July 8 meeting. 9. Columbia Fiber Agreement Discussion. Deputy City Manager Nina Regor and Deputy City Attorney Cary Driskell discussed .the draft franchise agreement for Columbia and discussed and responded to the proposed changes as per the "proposed amended" offer dated June 27, 2003. City Attorney Schwartz also mentioned that State Statute .requires. franchises to be accomplished through ordinance: Further discussion ensued regarding. the fees and the dark and lit fibers, after which John Everett of Columbia Fiber reiterated the points made in his letter and mentioned he still disagrees with some issues in the agreement, adding that $20.00 per fiber likely will not cover his costs. City Manager Mercier stated that when municipalities franchise they have an opportunity to access a franchise fee and often m lieu of that, they look for service exchange, and that there is yet unquantifiable value to having those facilities located iii the public right -of -way so communities look to balance.that public value with an exchange in services .to be used in government purposes and not to be used in competition. Driskell mentioned former Deputy City Manager Stan McNutt conducted research to determine if 520.00 per month is reasonable, and that data from several communities on the west side showed $18.87 per Month, so $20.00 per month is reasonable. Mercier said there is no element on the fee schedule that applies to this franchise, and said perhaps there should be no fee charged in lieu of having dark fiber. It was determined that a "clean" copy will be brought back as a regular agenda item on the July 8 agenda. 10. Cable TV Advisory Board. Deputy City Attorney Cary Driskell went over the documents in the packet and suggests making a proposed addition to the agreement to give any party the right to withdraw after reasonable notice; that there is an issue about determining proportionate representation and in this case is not easy to determine as numbers could be based .on subscribers rather than population. Councilmember Munson mentioned this would be an advisory board- which might be of help in future negotiations and study of the cable system. The revised agreement will be brought back on the regular July 8 council agenda for consideration. 1.1.12.13. Ordinance Establishing Policy for Purchase of Goods, Services, etc; Ordinance granting Contract Authority to City Manager; and Resolution Establishing Signature Limits. City Manager Mercier explained that the first ordinance is a "second touch" suggestion on how to provide broad based purchasing policy, the second ordinance is to create the authority for. distributing purchasing, and the resolution is the medium by which council would provide authority limits. Discussion ensued 'regarding making purchasing decisions within budget limitations and it was mentioned that the Ordinance repealing Ordinance No. 12 mentioned in the second "whereas" that this will be done "providing the expenditure is within the scope of the City budget." Councilmember Munson expressed concern with the resolution having a $200,000 limit for the public works even though that is the statutory maximum amount allowed. 1t was moved by Councilmember Munson and seconded by Councilmember Flanigan to change the description on #.1 for public works small works "roster from 5200,000 'to 5100,000, and leave the remaining amounts as written. . Due to the time, it was then proved by Councilmember - Taylor and seconded by Deputy Mayor Wilhite to extend the meeting for fifteen (15) *minutes. Vote by acclamation: Ayes: Denenny, Flanigan, Munson, Schimmels, Taylor, Wilhite. Nap DeVleming. Abstentions: None. Motion carried, • Study Session Minutes 7 -01 -03 - Page 4 of 5 Datc Approved by Council: DRAFT Mayor DeVlerning called for the vote on 'Munson's motion: Ayes: .Munson. Nays: Denenny, • DeVletning, Flanigan, Schimmels, Taylor, Wilhite. Abstentions: None. Motion failed. These documents will be added to the July 8 council agenda. 14. Council Check -in Procedures and interactions. City Manager Mercier explained that this is to give council an opportunity to review internal logistics, to discuss if things are going well or if they prefer to handle anything differently, and as a mechanism to improve communications 'among council and staff; and that this formula is practiced by many new city councils. Councilmember Munson said he would like council to approve the agenda prior to finalization.. After discussion on this topic including the "advance agenda," it was suggested to perhaps include "agenda comments" at the end of study session agendas. It was moved by Councilmember Taylor and seconded by Councilmember Flanigan to extend the meeting time for two minutes. Vote by Acclamation: Ayes: Flanigan, Munson, Schimmels, Taylor, Wilhite. Nays: Denenny, .DeVleming. Motion carried Councilmember Taylor asked for council consideration is not taking a final vote on the financing proposal on Mirabeau until he returns from vacation July 19. it was the consensus of the Mayor and Council to place that item on the July 15 study session and on the July 22 agenda. Councilmember Taylor asked to be excused .from the council meetings of July 8 and 15. It was moved, seconded, and unanimously, agreed upon to excuse Councilmember Taylor from the_ aforementioned meetings. _ It was moved by Councilmember Munson and seconded by Councibneniher Denenny to a lend 'the meeting time ten minutes. Vote by acclamation: Ayes: Unanimous. Nays: None. Abstentions: None. Motion curried 15. City Manager Comments: City Manager Mercier reported that the Light Rail Steering Committee is offering four elected officials the opportunity to experience the light rail in Portland Oregon. Councilmcrxmber Schimmels indicated his desire to attend. Mercier will check the dates to determine if the date is July 30 or July 31. Mercier also reported that he received information from the Department of Revenue about sales taxes in the community and that staff is working to ensure that appropriate revenues have been reported. Mercier also circulated a memo showing the employee hires that have occurred, where they cane from, and where they are on the classification system. It was moved, seconded and unanimously agreed upon to adjourn. The meeting adjourned at 9:35 p.m. .APPROVED: . ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Study Session Minutes 7 -01 -03 Page 5 of 5 Date Approved by Council: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: Claims TYPE OF ACTION: REQUESTED: July 8 Consent Agenda ATTACHMENTS: APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form Ordinance Resolution X Motion Other C )UBMJTTED BY: Finance RECOMMENDED ACTION: Approval of Claims in the amount of S1,362,198.79 DISCUSSION: ALTERNATIVES: FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: vchlist 06/3012003 10:04:13AM Bank code : apbank Voucher Date Vendor 503 6/25/2003 000001 3048 6/30/2003 000170 3049 6/30/2003 000154 3050 6/30/2003 000160 3051 6/30/2003 000037 3052 6/30/2003 000030 3053 6/30/2003 000168 3054 6/30/2003 000163 3055 6/30/2003 000142 3056 6/30/2003 000173 3057 6/30/2003 000148 I SPOKANE COUNTY TREASURER . "4 LINE 1ST AID INC " AASHTO i/AL ED ENVELOPE CO. MERICAN LINEN AVISTA UTILITIES L & C TELEPHONE INC. 1/ G 5 CORP. IG LOTS P NGAMAN,GREG UMENTHAL UNIFORMS & EQUIP Voucher List Spokane Valley Invoice 305741 306870 307404 307962 PO # 062403 7979 30010 30010 39125 187352 90069444 -603 74392 99878751 Description /Account PARKS & REC CONTRACT MAY' Total : CPR CERTIFICATIONS BOOKS ENVELOPES FLOOR MAT SERVICE STREET LIGHTING LABOR ACTIVITY MAT 1001 IT SUPPORT SERVICES Total : Total : Total : Total : Total : Total : Total : 06557 DAY CAMP ACTIVITY SUPPLIES Asst. DAY CAMP ACTIVITY SUPPLIES Total : Total : UNIFORM EMBLEM APPLICATI UNIFORM EMBLEMS UNIFORM EMBLEM APPLICATI UNIFORM EMBLEM APPLICATI Total : Page: 1 Amount 60,107.09 60,107.09 110.00 110.00 471.32 471.32 63.91 63.91 40.70 40.70 32.04 32.04 37.50 37.50 97.26 97.26 62.14 503.16 565.30 1,560.00 1,560.00 21.73 7.24 3.62 12.65 45.24 Page: 1 vch1ist 06/30/2003 10:Q4:13AN Bank code : apbank Voucher Date Vendor 3058 6/30/2003 000101 e 3059 6/3012003 000166 CONCENTRA MEDICAL CENTERS 3060 6/3012003 000035 O.g 5 PORATE EXPRESS 3061 3062 3063 3064 3065 3066 3067 3068 6/30/2003 6/30/2003 6/30/2003 6/30/2003 6/30/2003 000171 6/30/2003 000155 6/30/2003 0001 556 6130/2003 000161 000018 t.R TIVE BUSINESS SYSTEMS 000152 PARTMENT OF TRANSPORTATION 000059 • VLEMING, MICHAEL 000014 N SYSTEMS, INC_ EIER CORRECTIONS CENTER I1RTHONG HUMPHREY, GARY Vou cher List Spokane Valley Invoice 1071420 51372762 43560886 43794278 43827684 43903954 43932414 44061602 6721 ATB30610082 061503 0403 062403 200 062403 PO #� DescriptionIAocount LASER PRINTER EMPLOYMENT PHYSICAL OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE NAME PLATES ROAD MAINTENANCE PARACHUTE OFFICE LIGHTING MATL Total Total Total Total Total REIMBURSEMENT, MTG EXI EN Total 18969 SOFTWARE PROJECT MANAGE 16970 TRAINING & EXPENSES 16971 AIRBORNE CARRIER CHARGES Total GEIGER CORRECTIONS CONTR Total : Total Total PROFESSIONAL MEMBERSHIP IFf • Page= 2 Amount 3,030.92 3,030.92 55.04 56.00 585.96 13.25 14.49 279.14 74.95 9.81 957.60 69/2 69.72 10,817.01 10,817.01 6.00 5.00 3.637,60 6,687.93 16.05 10,342.38 5,763.50 5,763.50 44.22 44.22 145.00 145.00 215.00 Page: 2 vchlist 06/30/2003 10:04:13AM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 3068 6/30/2003 000161 IIMC .. (Continued) Total : 215.00 3069 6/30/2003 000082 tIMPREST FUND 3071 6/30/2003 000068 INLAND PACIFIC STAMPS, AND MARKIN 0469692 0469713 3074 6/30/2003 000033 MCPC 3075 6/30/2003 000157 OAT, BRIAN 3077 6/30/2003 000077 L-1 RISON, DON Voucher List Page: 3 Spokane Valley PC -final REDEEM PC RECEIPTS /CHANG Total : 3070 6/30/2003 000022 BAND BUSINESS PRODUCTS, INC. 49348 EMPLOYEE ID BADGE 49349 EMPLOYEE ID 49378 EMPLOYEE ID BADGE CUSTOM STAMPS CUSTOM STAMPS Total : Total : 150.00 150.00 10.81 10.81 32.43 54.05 144.58 206.80 351.38 3072 6/30/2003 000159 "LALE, DANETTE dlale DAY CAMP REFUND 509.00 Total : 509.00 3073 6/30/2003 000076 MC NUTT, STAN 060103 REIMBURSEMENT; TOOLS 72.87 Total : 72.87 208898480 OFFICE SUPPLIES 22.14 4382747 OFFICE SUPPLIES 155.00 4386069 OFFICE SUPPLIES 112.70 4389370 OFFICE SUPPLIES 147.07 4392121 OFFICE SUPPLIES 352.87 4392648 OFFICE SUPPLIES 87.83 Total : 877.61 062303 CONTRACT LABOR 105.00 Total : 105.00 3076 6/30/2003 000053 0016D OFFICE EQUIPMENT 45052 TYPEWRITER 248.63 45053 TYPEWRITER 248.63 Total : 497.26 062003 EXPENSE REIMBURSEMENT 299.00 Total : 299.00 Page: 3 vchlist 06/3012003 10:04:13AM Bank code : apbank 3079 6/30/2003 000036 t DEPOT 3080 6/30/2003 000045 LP116NES PLUS 3081 6/30/2003 000041 l'PROTHMAN COMPANY 3082 6/30/2003 000019 PURRFECT LOGOS, INC. 3083 6/30/2003 000131 UALITY INN VALLEY SUITES 3084 6/30/2003 000176 L4 KELL, SANDRA 3085 6/30/2003 000139 HOPKO Voucher List Spokane Valley Voucher Date Vendor Invoice PO # Description /Account Amount 3078 6/30/2003 000058 CCUPATIONAL MEDICINE, ASSOCIAT 408880 409045 409128 409383 207419211 208005507 208005687 208898453 2619 5945 8649 EMPLOYEE LAB SCREENING EMPLOYEE LAB SCREENING EMPLOYEE LAB SCREENING EMPLOYEE LAB SCREENING Total : OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES Total : Total : Total : Total : Total : Page: 4 96.00 96.00 96.00 96.00 384.00 117.46 284.81 49,62 7.33 11,87 99.13 3.88 574.10 74274 TELEPHONE EQUIPMENT 183.78 183.78 2003 -206 CONSULTING SERVICES 71,119.95 71,119.95 8669 VEHICLE LOGO 37.84 37.84 19564 LODGING 73.57 73.57 061103 REIMBURSEMENT FOR FUEL 5.00 Total : 5.00 50742 DAY CAMP ACTIVITY SUPPLIES 69.66 50743 DAY CAMP ACTIVITY SUPPLIES 133.60 50750 DAY CAMP ACTIVITY SUPPLIES 253.45 Total : 456.71 3086 6/30/2003 000169 ("SPOKANE ART SUPPLY IN- 172917 DAY CAMP ACTIVITY SUPPLIES 70.72 IN- 173345 T- SQUARE 25.04 Page: 4 vchlist 06/30/2003 10:04:13AM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 3086 6/30/2003 000169 SPOKANE ART SUPPLY Voucher List Page: 5 Spokane Valley (Continued) IN- 173420 IN- 173621 CUSTOM FRAMING DAY CAMP ACTIVITY SUPPLIES Total : 37.30 4.64 137.70 3087 6/30/2003 000172 VSPOKANE COUNTY ENGINEER 1 SPOKANE COUNTY ENGINEERI 20,870.76 � Total : 20,870.76 3088 6/30/2003 000090 SPOKANE COUNTY INFORMATION, SYS 30665 GIS CONTRACT PAYMENT 4,667.47 Total : 4,667.47 3089 6/30/2003 000175 L 'fOYS "R" US 6092 TOYS & GAMES 976.7 8 " Total : • 976.78 3090 6/30/2003 000174 LV LLEY BOWL, INC. 646 DAY CAMP FIELD TRIP 95.00 Total : 95.00 3091 6/30/2003 000167 "‹ERA WATER & POWER 062403 STREET LIGHTING 53.28 May03 STREET LIGHTING POWER CHG 298.67 Total : 351.95 3092 6/30/2003 000005�V 1I, INC 159089 COMPUTER NETWORK WIRING 1,716.63 , Total: 1,716.63 W 3093 6/30/2003 000100 WABO 2815 BLDG CODE BOOKS 188.62 Total : 188.62 3094 6/30/2003 000056 WASHINGTON FINANC OFFICERS, ASS 2991/2990 WORKSHOP REGISTRATIONS 90.00 Total : 90.00 3095 6/30/2003 000158 'WELCH COMER & ASSOC. INC 2003227 PROFESSIONAL SERVICES 3,362.50 � Total : 3,362.50 3096 6/30/2003 000015 "WORKLAND & WITHERSPOON, PLLC 3 LEGAL SERVICES 286.11 Total : 286.11 60903 6/27/2003 000001 POKANE COUNTY TREASURER 060903 JAIL SERVICE CONTRACT MAY ( 12,221.00 Page: 5 vchlist 06/30/2003 10:04:13AM Bank code : apbank Voucher Date Vendor 60903 6/27/2003 000001 62503 6/27/2003 000001 62703 6/30/2003 000001 627003 6/27/2003 000001 54 Vouchers for bank code : 54 Vouchers in this report Finance Director Date 'OKANE COUNTY TREASURER '- SPOKANE COUNTY TREASURER SPOKANE COUNTY TREASURER SPOKANE COUNTY TREASURER apbank I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that 1 am authorized to authenticate and certify to said claim. n Voucher List Spokane Valley Invoice (Continued) 062403 060503 0605003 PO # Description /Account Total : HEARING EXAMINER CONTRAC Total : SHERIFF LAW ENFORCEMENT C Total : SPOKANE COUNTY CONTRACT Total : Bank total : Total vouchers : Page: 6 Amount 12,221.00 3,732.75 3,732.75 961,418,16 961,418.16 181,753.53 181,753.53 1,362,198.79 1,362,198.79 Page: 6 DATE ACTION .I.S REQUESTED: July 8 Consent Agenda APPROVED FOR COUNCIL PACKET: City Manager Dept. Read Attorney Approve As To Form SUBMITTED BY: Finance RECOMMENDED ACTION: Approve payroll amount of $51,8 ALTERNATIVES: FISCAL IMPACT: $ SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION TITLE: Payroll ATTACHMENTS: TYPE OF ACTION: Ordinance Resolution X Motion Agreement � CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION DATE ACTION IS TITLE: REQUESTED: 2060 Funding Interlocal July 8, 2003 Agreement — Agreement for Consent Agenda Affordable Housing APPROVED FOR Resolution COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TYPE OF ACTION: Ordinance ATTACHMENTS: X Motion Interlocal Agreement Other SUBMITTED BY: Greg McCormick, AICP STAFF RECOMMENDS ° COUNCIL MAKE .A MOTION TO: Authorize Mayor DeVleming to enter into an interlocal agreement with Spokane County to begin the process of allocating funds.collectcd by the Spokane Auditor's Office consistent with Substitute House 131112060. DISCUSSION: In 2002 Substitute House Bill 2060 (SHB 2060) was passed by Washington State Legislature. SI-113 2060 provided for a ten dollar surcharge on instruments recorded with the county auditor's office. The funds collected as a result of this bill are to be used for low income housing and affordable housing for persons /households who are at - 50% of the area median income. The agreement establishes the framework for distributing funds under this program. ALTERNATIVES: 'ES: Suggest modifications to the agreement-as appropriate or not authorize signing the agreement and not participate directly iii the program with the county and other local jurisdictions. FISCAL IMPACT: None SOURCE OF FUNDS: N/A AMOUNT BUDGETED: N/A AMOUNT NEEDED FOR PROJECT: N/A C :1Doeutnents and SettingshcbainbridgehLocal Settings \Temporary Internet FileshOLK2I v' enda Rill for 2060 interlocal agecment.doe INTERLOCAL AGREEMENT • FOR THE ADMINISTRATION OF SURCHARGE FUNDS COLLECTED PURSUANT TO HOUSE BILL 2060 THIS INTERLOCAL AGREEMENT, (the "Agreement "), is entered into by and between the SPOKANE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT, a governmental entity, whose •address is 721 North Jefferson Street, Suite 200, Spokane WA, 99260, ( "SCH &CDD "), and CITY OF SPOKANE VALLEY, a political subdivision of • the State of Washington, whose address is 11707 E. Sprague Avenue, Suite 106, Spokane, Valley, WA 99206 ( "CTTY ") and jointly referred to, as the "Parties ", in the manner set. forth'herein. • RECITALS 1. The Spokane County Board of County Commissioners, pursuant. to the provisions of.thc Revised Code of Washington, Section 36.32.120(6), has the care of County property and the management of County funds and business: and 2. Substitute House Bill 2060, creating a special surcharge on the recording documents through the County Auditor's office, was passed by the'.Washington State Legislature during the 57 Legislative Session and signed by Governor Locke on April 2, 2002; and 3. The Spokane County Board of County Commissioners, by Resolution 02 -0438, authorized the Spokane County Community Services Departrnent and Housing and Community. Development Department Director to develop plans, budgets and administer funds collected as the surcharge created by Substitute House Bill 2060 and retained by the County; and 4. The Spokane County Community Services Department and Housing and Community Development Department Director conducted public workshops in October and 2002, for the purpose of consultation with interested individuals, groups and agencies in developing plans and processes. for allocating Substitute House Bill 2060 surcharge funds; and 5. On April 22, 2003, pursuant to Resolution 03- 041.0, the Spokane County Board of County Commissioners authorized the Spokane County Community Services Departrnent and Housing and Community Development Department Director to implement the Spokane County Trust Fund for the purpose of administering the Substitute House Bill 2060 surcharge funds; and • SHB 2060 Surcharge Administration Interlocal Agreement Page 1 of 4 6. The purpose of this Cooperation Agreement, which is entered into pursuant to, and in accordance with the State Inter -local Cooperation Act, RCW 39.34, is the administration of the Substitute House 13i11 2060 surcharge funds pursuant to Substitute House Bill 2060, as enacted. NOW, THEREFORE, in consideration of promises made herein and the mutual benefits received hereunder, the Parties agree as follows: A. The Spokane County Housing and Community Development Department is designated .as -the County's agency for administering and expenditure of Substitute -House Bill 2060 surcharge funds retained by the Spokane County Auditor. pursuant to Substitute House Bill 2060 as enacted, to be used for the following purposes: 1. Acquisition, construction, or rehabilitation of housing projects or units within housing projects that are affordable to very low- income persons with incomes at or below fifty percent of the area median income. 2. Supporting building operation and maintenance costs of housing projects or units within housing projects built with ,(state) housing trust fiends, that are affordable to very low - income persons with incomes at or below fifty percent of the area median income, and that require a supplement to rent income to cover ongoing operation expenses. 3. Rental assistance vouchers for housing projects or units within housing projects that are affordable to very low- income persons with incornes• at or below fifty percent of the area median income; to be administered by a local public housing authority or other local organization that has an existing rental assistance voucher program, consistent with the United States Department of Housing and Urban Development's Section .8 Rental Assistance Voucher program standards. 4. Planning and administration costs: B. The Spokane County Housing and Community Development Department will provide the City with a written summary of the funds collected and expended under the terms of this Agreement. C. The Spokane County Housing and Community Development Department Director will establish an ad hoc committee to evaluate and recommend proposals for funding with the available Substitute House Bill 2060 surcharge funds. The committee will be comprised of the following individuals: 1. A Representative of the City of Spokane Valley, appointed by the Mayor. 2. A Representative of the City of Spokane Community Development Department, appointed by the Mayor. 3. A Representative of Spokane County. 4. • A Representative of the Spokane Low Income Housing Consortium. SHB 2060 Surcharge Administration lnterlocal Agreement Page 2 of 4 5- A Representative of a non -profit organization providing services to very ]ow- income persons with incomes at or below fifty percent of the area median income within the boundaries of Spokane County. D. Unless extended or otherwise earlier terminated, this Agreement shall expire without further notice on April 22, 2005. The tens of the Agreement may be extended or altered only by a fully executed Amendment, pursuant to the terms of this Agreement. E. No provision of the Agreement is intended or deemed to create any relationship between the Parties hereto other than that of independent entities agreeing with each other solely for the purpose of effecting the provisions of the Agreement. Neither of the Parties hereto, nor any of their respective employees, shall be construed to be the agent, employee, representative - joint venture, or partner of the other. F. Contractor and SCRSN will work together in good faith to resolve any disputes relating to this Agreement. If the Parties are unable' to resolve a dispute relating to this Agreement within • fifteen (15) days following the date .one. Party sends written notice of the dispute to the other Pasty, the dispute may be subinitted by either party to the Director of Spokane County Community. Services ("Director"). • G. The Director's decision shall be made within five (5) business days of receipt of the dispute, unless circumstances warrant a reasonable delay in said response. H. Except as provided otherwise herein, this Agreement may be amended only in writing by agreement of all parties hereto- - I- Contractor shall not assign this Agreement without prior written consent of .SCRSN nor delegate any of ils duties hereunder except as otherwise provided in this Agreement, This Agreement may be freely assigned by the SCRSN to tuiy successor or affiliate of SCRSN. J. Any notices required in accordance with any of the provisions herein shall be _delivered personally, or sent by registered or certified mail to: COUNTY: • T9= . Kasey Kramer, .SCCSD and SCH&CDD Director 7121 North Jefferson Street, Suite 403 Spokane, WA 99260 Fax: (509) 477 -6827 With a copy to: Spokane County Housing and Community Development Department clo Departmental Counsel 721 North Jefferson Street, Suite 403 Spokane, WA 99260 Fax: (509) 477 -6827 SHE; 2060 Surcharge Administration .1nterlocal Agreement Page 3 of 4 With a copy to: By: ATTEST: CITY: City of Spokane Valley To: Attn: City Clerk . 11707 E. Sprague Avenue, Suite 106 • Spokane. Valley, WA 99206 ADOPTED by the J3oard of County Commissioners of Spokane County, Washington this clay of , 2003. ATTEST: VICKY M. DAL TON CLERK OF THE BOARD Daniela Erickson, Deputy M. Kate McCaslin, Commissioner • FOR CONTRACTOR: DATE: City of Spokane Valley Christine Bainbridge Spokane Valley City Clerk • Spokane Valley Long Range Planning Manager 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA • 99206 • Fax: (509) 921 -1008 SFTT3 2060 Surcharge Administration Interlocal Agreement Page 4 of 4 Fax:: (509) 921 -1008 John Roskellcy, Chair • Phillip D. Harris, Vice -Chair 13y: Michael DeVlerning, Mayor DATE ACTION IS REQUESTED: July 8 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form JB MIT TED BY: Cary Driskell RECOMMENDED ACTION: ALTERNATIVE ACTION: FISCAL IMPACT: $ SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQU:EST FOR COUNCI..L ACTION TITLE: Ordinance Establishing Alarm Regulations ATTACFIMENTS: TYPE OF ACTION: X Ordinance Resolution Motion Agreement CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORJ)I TANCE NO. 03 -070 AN ORDINANCE OF 1HlE: CITY OF SPOKANE VALLEY, WASHINGTON, ESTABL1S} NG ALARM REGULATIONS FOR THE CITY OF SPOKANE VALLEY WHEREAS,. false alarms require fire and police agencies to use limited financial and personnel resources in an inefficient manner; and WHEREAS, the City Council desires to establish an alarm ordinance to reduce the number.of false alarms to which fire and police personnel must respond; NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Intent. The City of Spokane Valley declares that response to false alarms to be an unnecessary, inefficient use of the limited manpower and other resources of the City Police Department. Therefore, the intent of this Ordinance is to promote more effective and efficient law enforcement services to the public through reduction of the number of responses to false alarms. Section 2. Definitions. In construing the provisions of this Ordinance, except where otherwise. plainly declared or clearly apparent from the context, words used in this Ordinance shall be given their common and ordinary meaning and in addition, the following definitions shall apply: (1) "alarm system" means any assembly of equipment, mechanical or electrical,. designed to alert law enforcement agencies, the public or any person of the commission or attempted commission of a cringe. (2) "alarm user" means any person, business or others entity, which owns or has control over any building, structure or facility where an alarm system is maintained. (3) "authorized service personnel" means • those persons who, by reason of. their experience, training or occupation, can demonstrate to the City Police that they are qualified to inspect and repair alarm systems. (4) "false alarm" means the intentional or unintentional activation of any alarm system that elicits a response from the City Police Department when no criminal act has been committed or attempted. The causes of false alarm include, but are not limited to, the following: equipment malfunction, improper installation or maintenance of equipment, human error or negligence, or any cause other than the actual commission or attempted commission of a criminal act. (5) '`intentional" means an act , done by • intention. A person acts with intent or intentionally when he or she acts With the object or purpose to accomplish a particular result. Section 3. Prohibited equipment -- Automatic dialing device. Any alarm system designed to alert any law enforcement agency of an emergency by providing unattended Alarm Ordinance Page 1 of 4 automatic dialing to 911 or any public telephone number of a law enforcement agency for the purpose of transmitting a preprogrammed signal, message or code shall,be prohibited. . Section 4. Required equipment — Standbv_power backup. source. All alarm systems shall have a standby backup power supply which will automatically assume the operation of the alarm system should any interruption occur in power to the system: The transfer of power from the primary source to the backup source must occur in a manner that does not activate the alarm. Section 5. Audible alarms — Time limit. It shall be unlawful to operate an audible alarm system which does not shut off within a maximum of thirty minutes from the time of activation. Shutoff may be accomplished either with an automatic cutoff or by. manual operation. if the alarm system has .an automatic cutoff with a rearming phase, the rearming phase must be able to distinguish between an open and closed circuit and if the circuit is broken, the system will not rearm. Section 6. Emergency response information. (1) No person or business shall maintain an alarm system unless: A) There is a list filed with the City Police Department of the telephone numbers at which the person or persons authorized to enter the premises where the alarm is located and turn off the alarm can be reached at all times; or (13) Such a list is filed with a monitoring service and a twenty -four hour. telephone number for that service is provided to the City Police Department or clearly displayed outside the premises where the alarm is located. (2) Upon notification by the City Police Department ° that his presence. is required, the alarm user or his representative, shall .promptly proceed to the scene of the alarm within a reasonable period of time and render necessary service. Such service, when necessary, shall. include turning off the alarm and /or opening the alarmed premises so a search can be made. (3) Circumstances that may require the alarm user's presence include, but are not limited' to: continual malfunction of an alarm system which causes repeated. false alarms over a short period of time; evidence at the alarmed premises indicating a crime was com.mitted or attempted and further investigation is necessary; or the premises is not or cannot be properly secured: Section 7: False alarms prohibited — Penalties. (1) No.alarm user shall cause or allow a false alarm. (2) The intentional activation of a burglary or robbery alarm system for the purpose of summoning the City Police Department for other than an actual burglary or robbery or a life - threatening emergency situation, shall be punishable as a misdemeanor. (3) False alarins: from the same location within a six -month period shall be subject to the fees schedule set forth in the Spokane Valley MasterFee Schedule, Fire Code Fees. (4) Hearing on notices of•infraction issued pursuant to Section 8(3) shallbe heard by the Spokane Valley Hearing Examiner pursuant to RCW 7.80.010(5). The procedures for issuance of Alarm Ordinance Page 2 of 4 a notice of infraction, hearings, assessment and payment of monetary penalties, shall be in accordance with the provisions of ItCW 7.80. Section 8. Enforcement — Policies. (1) The provisions of this Ordinance shall be administered and enforced by the City Police Department. The City Police Department is authorized to make and enforce such rules and regulations as are necessary to implement the provisions of this Ordinance. Copies of the rules and regulations promulgated under this Ordinance shall be available to the public at the City Police Department and/ or at City Hall. (2) The City Police `Department may utilize the following procedures and practices to reduce false alarms: (a) On the first false alarm within a six -month period, the alarm user may be required to provide certain information when an alarm is received from an alarm system under his or her control. This information may include: (i) The cause of the alarm; (ii) Any corrective action taken; (iii) Whether or not the alarm system had been inspected 'and/or repaired and the name and address of the person performing the repairs. (b) On the second false alarm within a six -month period, the alarm user shall submit a written report as provided in the previous subsection. in addition, the. City Police Department may require inspections . of the alarm system by authorized service personnel at the alarm user's expense; and the City Police Department may prescribe corrective action to be taken as the result of the inspection. (c) On the third or subsequent false alarm within a six -month period, the, alarm user shall submit a written. report as provided in the previous subsections. The City Police Department may require inspections of the alarm.' system by authorized service personnel at the alarm user's expense; and the City .Police Department may prescribe corrective action to be taken as the result of the inspection. In addition: • (i) The City Police Department may .assign a lower response priority or not respond at all,.to alarms received from the alarm system; . (ii) The City Police_ Department may order that an alarm system be disconnected; provided, that no alarm system required by law shall be ordered disconnected. Notice shall be given to the alarm user at east forty -eight hours prior to the required disconnection if the name(s) of the alarm user(s) have been provided to the City Police Department. Failure to furnish the name(s) .of the alarm uscr(s) shall constitute a waiver of this notice requirement; and (iii) An alarni user under this subsection shall be subject to the provisions of subsection 8(3). Alarm Ordinance Page 3 of 4 Section 9. • Misdemeanor. The violation of subsection 8(2) shall constitute a misdemeanor, punishable by imprisonment in jail for up to ninety days or by a fine of not more than one thousand dollars or by both such fine and imprisonment. Section 10: Grace period. There shall be a six -month grace period. beginning at the effective date of this Ordinance, during which time no punitive action will be taken against alarm users violating this Ordinance; provided, the .City Police Department may require alarm users to provide information as required by subsection 9(2)(a). Section 11. Distribution of funds. All funds collected from fees imposed under this Ordinance shall be distributed the City General Fund. •Section 12: Severability. If any - provision of this Ordinance is held invalid, the remainder of the Ordinance is not affected. Section 1.3. .Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: Passed on this City Clerk, Chris Bainbridge • Approved As To Form: (d) If the policies of ordering alarm systems disconnected and /or no response by the City Police Department are implemented, provisions shall be made for allowing the alarm system to be reconnected and response reinstated if the alarm user satisfactorily shows that the cause(s) of the previous false alarms has(have) been identified and corrected. (i) Once reconnected, the alarm system shall.be on probationary status for a set period of time not to exceed six months. (ii) If the repeated instances of false alarms continue during the probationary period, the alarm system may again be ordered disconnected and the policy of no response may be invoked. day of July, 2003. Interim City Attorney, Stanley M. Schwartz Date of Publ ication: Effective Date: Mayor, Michael DeVleming Alarm Ordinance Page 4 of 4 DATE ACTION IS REQUESTED: July 8 APPROVED FOR. COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form • TITLE: Ordinance Establishing Comprehensive Policy for Purchase and Disposition of Goods, Services, • Supplies and Property ATTACHMENTS: TYPE OF ACTION: X Ordinance Resolution Motion Agreement AUBMITTED BY: Dave Mercier RECOMMENDED ACTION: ALTERNATIVE ACTION: FISCAL IMPACT: $ • SOURCE OF FUNDS: AMOUNT BUDGETED: • AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQITEST FOR COUNCIL ACTION AN ORDINANCE•OF TILE C OF SPOKANE VALLEY, WASHINGTON, ESTABLISFLING A COMPREHENSIVE 'POLICY FOR THE PURCHASE AND DISPOSITION OF ODDS, SERVICES, EQUIPMENT, SXTPPLIES, AND PROPERTY FOR TEM CITY OF SFOKA.NE VALLEY, WHEREAS, Washington law and City Ordinance govern the ,procurement of public goods, services and works; and VIIBERLAS, the City Council desires to comply with state law and to engage in best management practices in all aspects of bidding and purchasing; and WirTEREAS, the City Council desires to establish purchasing policies to guide the procurement of goods and services for the City; follows; particular project or service. CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 03-071 NOW TKEF EF -ORE „the City .Council of the City of Spokane Valley, Washington, do ordain as Section .1. Definitions_ Unless the context requires otherwise, the terms used in this ordinance shall have the following me.arEing: - A. Contractual Services= Professional and general service contacts to accomplish a B. Bidding: Procedure used to solicit 'quotations on price and delivery from various prospective suppliers of•rnatcrials, goods,. equipment, and other City property_ C, Biel: An offer, submitted by a bidder to furnish supplies, materials, goods, equiparncnt and other property in conformity with . the specifications, delivery terms and conditions, and other requirements included in the invitation for bids or otherwise required by the City_ D. Local Bidder; A Erin or individual who regularly maintains a place of business and transacts business in, or maintains an inventory. of merchanciist . for sale in, and is registered or licensed by the of Spokane E. • Responsible Bidder; A bidder who has proven by experience or information furnished to the satisfaction of the City Manager or his designee that current financial resources, production or service facilities service reputation and experience are adequate to make satisfactory delivery of supplies of. acceptable quality, or contractual services on which be)sl'e bids: and who has not violated or attempted to violate any provisions of this policy. P. Purchasint; The Finance• Director or any City employee designated by the Manager to serve as a Purchasing Agent. • Ordinance Policy for Purchase of Goods Page 1 of 7 G. Requisition: A standard form providing detailed information as to quantity, description,• - estimated price, possible vendors, fund account, signature and other information necessary to make purchasing decisions. - H. Purchase Order: Document used to authorize the encumbrance of City funds toward the purchase of supplies, materials, equipment and other property. 1. Adequate Appropriation Balance: Sufficient fund balance existing in the appropriation item against which the purchase order is to be charged. J. Public Property. Any item of real or personal property owned by the City. K. Capital Equipment. Any equipment of•the City having an initial value of five hundred dollars ($500) or more and an estimated useful life of three.(3) or more years. Section 2. Administration. Under •direction of the Finance Director, the purchasing procedure shall be administered in accordance with this ordinance and other applicable laws. The Finance Director or designee(s) shall have the responsibility to: A. Administer and maintain the purchasing system according to the rules and regulations established or authorized by applicable ordinances and-statutes. B. Coordinate the negotiation, purchase and disposition of all City supplies, materials and equipment in consultation with City staff. C. Seek to obtain competition by bidding or negotiation on all City purchases. D. Prescribe and maintain such administrative policies, procedures and forms as are reasonably necessary to implement this ordinance. E. Coordinate the inspection of-all City purchased equipment to assure conformance with specifications. F. Ensure that bidders' lists, vendors' catalog files and other records needed for the efficient operation of the purchasing system are maintained. - G. Maintain.the property inventory and fixed asset systems of the City. H. Determine with appropriate City staff the need for any routine preventive maintenance contracts on various pieces of equipment, and to establish and maintain said maintenance contracts. 1. Periodically prepare a comprehensive list of surplus, worn out or obsolete City-owned equipment. Items which cannot be used or re- assigned to another department shall be recommended for disposal at a public auction. Section 3. Local vendors. iBids and price quotations will. be obtained from Spokane Valley vendors whenever reasonable. • - Ordinance Policy for Purchase of Goods Page 2 of 7 Section 4: General Services. Except for Architectural and Engineering services as provided • in Ordinance No. 2Z contracts for services budgeted or estimated to exceed twenty-five thousand dollars ($25,000) shall be procured through. negotiation pursuant to a• publicly advertised Request for Proposals (RFP), Request for Statements of Qualifications (SOQ), or similar document. Section 5. Competitive Bidding. When the price of the supplies, materials, goods or equipment is estimated to exceed twenty -five thousand dollars .($25,000.00), the following competitive bid process shall be used. A. Publication of Notice. For non- public works projects, sealed bids may be invited by a single publication in the official newspaper at least seven (7).days prior to bid opening and by•mailing invitations to interested bidders who have requested their names be included on a bidder's list for the type of purchase to be made. Notice of the request shall also be posted in a public place by the City Clerk. The notice shall generally state the nature of the work to be done, that plans and specifications May be obtained from the City, and the manner, place,_date and time for submitting a bid to the City. B. Rejection•of Bids. The Finance Director may reject, without cause, any and all bids and may re- advertise for bids pursuant to the procedures herein described. If no bids are received. the Finance Director, with approval of the City Council, may negotiate the purchase with a vendor at the lowest cost possible to the City. C. Performance Bonds. Before entering into a.contract,• the City Manager may require a perforrnance.bond in such amount as is reasonably necessary to protect the best interests of the City and to assure complete, proper, and full performance of the contract. A performance bond shall.be required on all public works construction projects. • . D. Bid Bonds. The Finance Director may require as a condition of.biddi.ng a bid bond or a cashier's check in lieu thereof in the amount of 5 percent (5 %) of the amount bid. Such bid bond shall be required on all formally bid public works construction projects. When the contract is let, all bid bonds shall be returned to the bidders except that of the successful bidder' which shall be retained until- a contract is entered into and a bond to sperform the work furnished as provided above. If the successful bidder fails to enter into the contract in accordance with the bid and furnish such bond within ten (10) days from the date at which the bidder is notified of bid award, the bid bond shall be forfeited. E. • Award of Bid. Except as otherwise provided herein, the City will accept the bid of the lowest responsible bidder. F. Award to Other Than Low bidder. When the bid.award is not given to the lowest bidder, a full and complete statement of the reasons shall be prepared by the Finance Director and placed in the City file relating to the transaction. Section 6. :Exemptions To Competitive Bidding Rec uirements. The following types of purchases are exempt from competitive bidding requirements: . A. Sole Source: Purchases which by their nature are not adapted to competitive bidding, such as purchases which are clearly and legitimately limited to a single source, and contracts to repair or addition to equipment owned by the City which may be more accomplished to by a certain person or firm, with previous experience on the equipment. Ordinance Policy for Purchase of Goods Page 3 of 7 B. Special Facilities or Market Conditions. Purchases involving special facilities or market conditions that generally relate to acquisition 'of unique facilities that may be specially manufactured or not otherwise generally available. Special market conditions may require immediate acquisition based upon a favorable offer including but not limited to, liquidation sales,.public or private party offers and similar circumstances where the acquisition can be.obtained at below market value. Where the City waives the competitive bidding requirements for • sole source, special facilities /market conditions, the City Council shall pass a Resolution reciting the factual basis for the exception. C. Auction, Closeout. Bankruptcy Sales. If it is determined that supplies, material, or equipment can be purchased through public auction, closeout sale, bankruptcy sale or other similar sale at a cost below the market cost; the Finance Director may authorize said purchase(s). D. Exchanges. The City' may by agreement. exchange supplies, materials or equipment with other public agencies. E. Inter -local Agreements in Letting of Contracts for Commodities or Services. The' City Manager may enter into joint purchase agreements with any and all other public agencies within the state for the purchase of any .commodity or service as permitted by state law, where it is determined by the. Manager to be in the best interest of the City. F. Emergencv Purchases. In the event that an emergency should arise after office .hours, which emergency requires immediate action on the part of the City department. involved for the protection of the best interests of the City, or should such a situation arise on a Saturday, Sunday or holiday and where it is not possible or convenient to reach the City Manager, any necessary purchase shall be made by the City department for which the purchase is necessary. The purchase shall be reported to the Finance Director at the first of the next business day. Publication notices may be waived for emergency purchases as provided by law. However, authorized employees must demonstrate a reasonable effort to contact two or more vendors for price quotations. • G. Petty Cash. The Finance. Department'. may maintain a petty cash fund of up to one thousand dollars ($1,000) to help eliminate the issuance of.purchase.orders and claims vouchers for small items needed immediately from vendors not having open purchase orders. No single petty cash purchase shall exceed fifty dollars ($50), except in emergencies. All requests for petty cash funds or reimbursement of petty expenditures shall be reconciled by a' receipt or paid. invoice along with a completed petty cash form. Reimbursements and reconciliations of petty cash funds shall be made within 30 days of the transaction. No personal checks shall be cashed out of the Petty Cash Fund. H. Real Property Acquisition of real property is exempt from 'the competitive bidding requirements set forth i.n this Ordinance. Upon approval of the City Council, the City Manager 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 without prior City Council approval. . I. Small Purchases. The procurement of supplies, materials, .goods and equipment under $7,500 in value may be procured as.the City Manager or designee(s) deems appropriate 'to secure the most efficient and cost - effective purchase for the City. Ordinance Policy for Purchase of Goods Page 4 of 7 J. Purchases Between $7,500 and $25,000. Material, equipment or contractual services other than engineering and architectural services, the cost of which is between seven thousand five hundred dollars ($7,500) and twenty -five thousand dollars ($25,000), may be procured through telephone and/or written quotations, proposals or bids on forms prescribed by the Finance Director. Three ' documented quotations shall be sufficient to determine a competitive price for any such purchase except for items that. can only be obtained from a single source. Said purchases shall be awarded to the lowest responsible bidder. Section 7. Prohibited Practices. The following types of purchasing practices are hereby prohibited. A. • Collusion Among Bidders. Any' agreement or collusion among bidders or prospective bidders to either buy or sell, in restraint of freedom of competition, be it agreement to bid a fixed price, or otherwise, shall render the bids of such bidders void. Such.bidders.may be subject to exclusion from future bidding with the City when determined by the Finance .Director to be in the best interest of the City. B. Disclosure of Normal Bid Contents. Any disclosure in advance of the opening bids, of any information contained in the sealed or formal bid, made or permitted by a City Officer or employee may render each bid void either by the City or the parties submitting bids. Appropriate disciplinary action shall be taken against both the persons revealing the information and the persons using the information. Notwithstanding anything herein to the contrary, all bids submitted by bidders taking advantage of any information revealed contrary to this section shall at once become null and void. C. Gratuities. In accordance with high standards of behavior, the acceptance of any gift or gratuity in the form of cash, merchandise or any .other thing of significant value by an official or employee of the City from any vendor or contractor, or prospective vendor or contractor, is prohibited: 17. Employee Owned Businesses. City goods or services shall not be obtained from businesses in which City officials, employees or their immediate family members have a majority ownership interest or otherwise exceed the "interests" described in RCW Chapter 42.23. E. Sale of Materials and Supplies. The City shall not use its purchasing power or lend its credit to acquire goods or services for . any private party, nor shall the City sell its materials supplies to City officials, employees, or the public except when said materials have been declared surplus and disposed of as provided herein. Section 10. Disposition of Public Property. Public property shall be disposed of in the . following manner: A. Definition. "Public :Property" as definedhercin means any property or equity interest in real or personal property held or owned by the City. B. Surplus Property. Upon recommendation of a Department Director, the Finance Director may declare property surplus upon one or more of the following criteria: 1. The City has or soon wilFhave no practical, efficient, orappropriate use for the property, nor will it have such a use for' the property in the near future. Ordinance Policy for Purchase of Goods Page 5 of 7 2. The purpose served by.the property can be accomplished by use of a better, less costly, or more efficient alternative. 3. The purpose served by.the property or its use no longer exists as determined by a change of policy evidenced by an ordinance or resolution of the City Council. 4. The property is damaged, worn out otherwise inoperable and the cost of repairing the same is unwise-or impractical. C. Sale of Property. The Finance' Director is authorized to sell surplus property in the follow manner: 1. If a Department Director has control or supervision over City personal property which is deemed. surplus to City use, the Finance Director shall be notified, who shall in turn notify Department Directors or other City representatives and provide notice of potential disposition. If any such person desires to acquire and use the proposed surplus property, the property may be transferred to the requesting Department Director, or other authorized representative. 2. If no request for use of proposed surplus property is received the Finance Director may proceed to direct the disposal of the same by public auction, bid, or other method of sale on terms deemed to be in the best - interest of the City. 3. Surplus personal property which is unsellable because of obsolescence, wear and tear, or other reasons may be dismantled, if necessary, and sold as scrap: Surplus personal property which has no marketable value or use may be discarded as refuse. , 4. If the proposed surplus property is real property, notice of the proposal to declare the wine surplus shall he given to the City Council. 5. The decision to declare surplus real property shall rest solely with the City Council. If the City Council declares the real property as surplus, the Finance Director shall secure a market value appraisal of the property and proceed to sell the same by public auction or through the formal bidding procedures the City Manager deems to be in the best interest ofthe•City. 6. If the estimated value . of the real property exceeds fifty- thousand dollars ($50,000.00), the City shall follow the process set forth in RCW 39 :33.020. • D. Trade ofReal Property. Real property may be traded.under the following conditions. 1. If the Finance Director determines that the real property declared surplus under this section could be sold for a greater consideration or benefit to the • City if something other than cash were taken as consideration, then the Finance Director may invite prospective purchasers to tender consideration either cash' or in -kind or a combination of both. Upon receipt of a bid tendering consideration in -kind, and prior to accepting such bid, the Finance Director shall make a report setting forth for the benefits of such trade.. This report shall be made to the City Council at a regular Council meeting and the report shall be open to public inspection. 2: Before accepting any bid containing in -kind consideration, an adequate appraisal must have been made by a qualified independent appraiser. • Ordinance Policy for Purchase of Goods - Page 6 of 7 3. if the City Council fords that the bid.containing the in -kind consideration, has more value or benefit to the City than any other bid submitted, the Finance Director may accept the bid containing in -kind consideration. E. Lease of Public Pro cr . When specifically provided for in the City budget, the City Manager or designee may authorize the lease or sublease of any property, including real property, under such terms and conditions as the City Manager may deem desirable, fair and appropriate, either by use of negotiations or bidding in the best interest of the City. Leases of real property shall not be granted for a period of more than five (5) years, unless otherwise authorized by the City Council. Section 11. Severability. if any section,. sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional, such decision shall not. affect the validity or constitutionality of any other section, sentence, clause •or phrase of this ordinance. Section .12. 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 as.provided by law. ATTEST: Passed by the City Council of the City of Spokane Valley on , 2003: Christine Bainbridge, City Clerk Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication : Effective Date: Mayor, Michael DeVleming ordinance Policy for Purchase of Goods Page 7 of 7 DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Ordinance Granting Contract July 8 111 Authority to . City krahager and Repealing Ordinance No. 12 X 0 rdinance APPROVED FOR COUNCIL PACKET: ATTACHMENTS: Resolution City Manager Motion Dept. Head Agreement Attorney Approve As To Form U B MITTED BY: Dave iMercier RECOMMENDED ACTION: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION ALTERNATIVE ACTION: FISCAL IMPACT: $ •SOURCE OF FUNDS: AMOUNT BUDGETED: • AMOUNT NEEDED FOR PROJECT; ORDINANCE NO. 03 -072 err Y OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, '4'4FAS CTON,.REPEkUNG ORDINANCE NO, 12 AND GRANTING CONTRACT A> TEEORITY TO THE CITY MANAGER. WHEREAS, duritng the incorporation of the City, Ordinance No 12 was enacted by the City Council to provide limited purchasing and contracting authority to the City Manager for the purchase of services; WI- EREAS, to properly manage the procurement of goods, services and works on behalf of the incorporated City of Spokane Valley, and for the convenience ofpersons. and entities who provide such goods, services or works, the City Council desires to grant and expand the contract authority of the City Manager to enter into contracts without obtaining individual approval for each contract from the City Council, providing the expenditure is within the scope of the City budget;• H .LEAS, the execution of such contracts shall be on forms .approved by the City Council through Resolution in accord with City Ordinance and State law_ NOW, JBEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows; Section 1. Repeal. Ordinance No, 12 is hereby repealed in its entirety_ Section 2.. Contract Award from Small Works Roster, After following the process set forth in Ordinance No 1], the City Manager is authorized to award and execute contracts for public works projects where the estimated cost. of the work is Two Hundred Thousand .Dollars ($200,000_(}0) or less. Section 3. Architectural Engineering Services_ A.fter following the process set forth in Ordinance No. 22, the City Manager Manager. is authorized to enter into professional service agreements for the procurement of architectural and engineering services in amounts that do not exceed One Hundred Thousand ($100,000,00) per agrocnient. • . Section. 4_ General Services. For acquisition of general services," the City Manager, following review of qualified consultants or service providers as set forth in. Ordinance No, is authorized to enter into professional• services agreements that do not exceed One H.uadred Thousand Dol lars ($100,000.00). per agreement_ Section 5. ' Acquisition of uuulies_. Materials Goods and Eciprrient. For acquisition of • supplies, materials, goods and equipment, the City_Manager after following the procedure or exception to the competitive bidding process set forth in Ordinance No. , is authorized to enter into. agreements that do not exceed Fifty Thousand Dollars ($50,000.00) per agreement. Section 6: Rules and policy; The City Manager may develop rules, policies, and procedures to implement this Ordinance. All adopted rules policies, and procedures shall be filed with the City Clerk. Ordin an= Omni big ContractAE4crity Page 1 oft Section 7. 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 8. 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 as provided by law. ATTEST: Passed on this day of July, 2003. City Clerk, Christine Bainbridge Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVleming Ordinance Granting Contract Authority Page 2 of 2 IBMITTED BY: Cary Driskell RECOMMENDED ACTION: ALTERNATIVE ACTION: FISCAL IMPACT: $ SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION DATE ACTION IS REQUESTED: July 8th APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: • * Ordinance .Granting Non- Exclusive Franchise to Columbia Fiber ATTACHMENTS: TYPE OF ACTION: X Ordinance Resolution Motion Agreement Proposed administrative draft— C. Driskell July 1, 2003 — draft three CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASIIINGTON ORDINANCE NO. 03 -0 7 3 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON- EXLUSIVE r RA.NCIHSE TO COLUMBIA FIBER SOLUTIONS TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHT -OF -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 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 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: 1. "City Manager" shall mean the City Manager or his/her designee. 2. "construction" or "construct" shall mean constructing, digging, excavating: laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. 3. "day" means a twenty -four (24) hour period beginning at 12:01 a.m. If a thing or act is to be done in lessthan seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "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 C:\cpd work files\franchiseslColumbia Fiberlcolumbia franchise - draft three - 7- 1- 03.doc 1 Proposed administrative draft — C. Driskell July 1, 2003 — draft three attachments, appurtenances equipment and appliances necessary and incidental thereto or in any way appertaining to the distribution of the service or product and which are located within a right -of -way. 5. "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. 6. "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 term, 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. 7. "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. 8. " Permitiee" shall mean a person or entity who has been granted a permit by the Permitting Authority. 9. "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). 10. "product" shall refer to the item, thing or use provided by the Grantee. . . . 11. "public property" shall mean any real estate or any facility owned • by the City. 12. "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. 13. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City C:\cpd work fileslfranchises\Columbia Fibertcolumbia franchise - draft three - 7- I - 03.doc 2 Proposed administrative draft — C. Driskell July 1, 2003 — draft three 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 Columbia Fiber Solutions, a Washington for profit corporation (hereinafter "Grantee "), a franchise fora period of ten (1 0) years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place facilities in, under, on, across, over, through, along or below the public rights -of -way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "Franchise "). Section 3. Fee. No right-of-way use fee is imposed for the term of this Franchise. Any such right- of-'vvay use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. _ Section 4: • City Use. The following provisions shall apply regarding•City use. 1. Grantee agrees to grant to the City, at no cost to City, an indefeasible right of use of four (4) dark fiber strandscat every location passed by Grantee's facilities within the boundaries of the City, for sole and exclusive municipal use or designation, with access to any building or facility designated by the City. Said dark fiber shall be reserved for use by the City for governmental purposes, PROVIDED, that as to the fiber resources granted to the City under the terms of this provision, the City agrees that it will not use such fiber as a. public utility provider of telecoznmun.icatioris business service to the public. The City reserves the right to connect its four dark fiber strands to other fiber network providers, with the goal of achieving maximum connectivity for City purposes. Any such interconnection shall be in a manner specified by Columbia Fiber engineering requirements. 2: • The City shall have the right to access by connection to the four dark fiber strands at any location served by this Franchise within the City limits The City shall provide at least 30 days written notice of intent to access Grantee's service. • • • 3. The City shall pay all costs associated with constructing any City connection to Grantee's Franchise service. The City shall pay Grantee a recurring monthly charge of $20.00 per fiber pair per mile in use by the City unless otherwise specifically agreed by both the parties in writing. Said monthly recurring charge shall not be imposed until such time as the fiber is put into use by City. A fiber pair refers to two strands of cable. 4. Subject to Subsection 1, the designation of either conduit or fiber shall be at the sole discretion of the City Manager, PROVIDED, Grantee may submit a written request to the City Manager asking him/her to advise of the City's election of conduit or fiber for a specific installation or area, whereupon the City Manager shall promptly designate a choice. In the absence of a response from the City Manager, the designation shall be deemed the fiber option. In the event of expansion, upgrade, or major repair or C:lcpd work fileslfranchises\Columbia Fiber\columbia franchise - draft three - 7- 1- 03.doc 3 Proposed administrative drift — C. Driskell July 1, 2003 — draft three maintenance operations affecting conduit installation or transmission capacity, the City may change or exercise its option as in the instance of an initial installation. Section 5. Recovery of Costs. Grantee shall be subject to all permit fees associated 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. In 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 6. Non - Exclusivity. This Franchise is granted upon the express condition that it shall not in. any manner prevent the City from granting other or further franchises in, under, on, across, over, through, along or below any rights -of -way, 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 them or any part 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 rights -of -way streets, avenues, thoroughfares and other public properties of every type and description. Section 7. Non - Interference with Existing Facilities. The City shall have prior 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 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 any public use, 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 8. Right to Roads Not Superseded. The City, in the granting of this 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 representatives may elect. The City shall retain full authoritative power in the same and like manner as though this Franchise had never been granted. C:Icpd work. fileslfranchises\Coiumbia Pibcrlcolumbia franchise - draft three - 7- 1- 03.doc 4 Propostd administrative draft— C. Driskell July 1, 2003 — draft thrce Nothing in this Franchise shall be construed to prevent the City from constructing facilities, grading, paving, repairing andlor altering any street, or laying down, repairing or removing facilities or constructing or establishing any other public work 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, If, 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 andlor effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. Section 9. Commencement of Construction_ Not applicable to this Franchise. Section .10: 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 io application by the Grantee- All plans and specifications shall specify the class and type of material and equipment to be used, manner of 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. The plans must meet all Federal, State, County and City Codes and the Utility Accommodation Plan Standards. - C:Icpa work ftleslfranchises \Columbia Fiberlco Iambi a franchise - draft three - 7 - 1 - 03 - doc 5 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, •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 administering 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 supervivsion, condition, and quality of the work done, whether it is by itself or by contractors. assigns or agencies, Section' 11. - Special Construction Standards. During any period 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 rights-of-way 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 time 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: (1) such joint use shall not Proposed administrative draft — C. Driskell July 1, 2003 — draft three unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely sffect Grantee's facilities or safety thereof. When deemed appropriate by the City, joint users may be required to contribute to the costs of excavation and filling. Section 12. Restoration After Construction. Grantee shall, after abandonment approved under Section 29 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 that standard established by the City Engineer or set by the conditions of any City - issued right -of -way permit. 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 13. Damage and Non - Compliance. Any and all damage, or injury, done or 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. 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. 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. If 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 shall be in addition to those otherwise provided by this Franchise. Section 14. Protection of .Monuments. Before .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 shallt 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 restored pursuant to State and 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 15. Drainage. If the work done under this Franchise interferes in any way with the drainage of a City right- of 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. C:1cpd work files\franchises \Columbia Fiber\columbia franchise - draft three - 7- 1- 03.doc 6 Proposed administrative draft — C. Driskell July 1, 2003 — draft three Section 16. 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 rights -of -way, roads, streets, or other public property, hereinafter collectively referred to as the "Plans." All work•within any public rights - of -way or on other public property shall be pursuant to 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 including a schedule for the work. During the progress of the work; Grantee shall not unnecessarily obstruct the passage or proper use of the rights-of-way. Grantee shall file as -built plans and maps•with the City showing the final location of the facilities. All restoration of rights -of -way, roads, streets, storm drainage and the surface of other public property shall be in conformance with City standards, and conditions of the permit. . Section 17. Maintenance. Grantee shall provide and -put in use all facilities necessary 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 18. Emergency Response. • The Grantee shall, within six months of the 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 19. 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 C:\cpd work fileslfranchises\Columbia Fiberlcolumbia franchise - draft three - 7- 1- 03.doc 7 Proposed administrative draft — C. Driskell July I, 2003 — draft three 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 20. One -Call System. Pursuant 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 performed by Grantee shall be subject to 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 reimbursement shall be in addition to any other fees or charges levied by the City. Section 22. 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 failures 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 23. Building Moving. Whenever any person shall have obtained permission 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.iof Grantee's facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure the path of least interference to Grantee's facilities, as determined by the City. Section 24.. Acquiring New Facilities. Upon Grantee's acquisition 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. Section 25. Dangerous Conditions - Authority of City to Abate. Whenever 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 C: \cpd work files\franchises\Columbia Fiberlcolumbia franchise - draft three - 7- 1- 03.doc 8 Proposed administrative draft — C. Driskell July 1, 2003 — draft three 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. In 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 26. 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 right -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 right -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 on a periodic basis of its facilities for hazardous substances, nor is to rernove the responsibility of the ha7ardous substance' -from the Grantee. In 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-up 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 27. Environmental. Grantee shall comply with all environmental protection laws, rules recommendations, and regulations of the United States and the State of Washington, and 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 term of the Franchise or subsequent to its termination. Section 28. 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 rights -of -way 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. C:\cpd work files\franchises \Columbia Fiber\columbia franchise - draft three - 7- 1- 03.doc 9 Proposed administrative draft — C. Driskell July 1, 2003 — draft three If the City determines 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 rights -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. 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 accommodate 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 ariy 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, operatedor maintained facilities, provided that such arrangements do not unduly delay a City construction project. Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by 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 rights — 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 rights -of -way or public properties. C:lcpd work fileslfranchises\Columbia Piberlcolumbia franchise - draft three - 7- 1- 03.doc 10 Proposed administrative draft — C. Driskell July 1, 2003 — draft three 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. The parties agree to periodically share Geographic Information System (GIS) files at the Grantor's disposal. Ariy files provided to Grantee shall be restricted' to information required for Grantee's- engineering needs for installation, repair or replacement of facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. Public Disclosure Act: Grantee acknowledges that information submitted to ,the City may be subject to inspection and copying under the Washington - Public Disclosure Act codified in chapter 42.17 RCW. Grantee shall mark.as "CONFIDENTLAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspec.tion_or copying. The City agrees to provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "CONFIDENTLAL" 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. Reservation of Rights by City. The City reserves the right to refuse any request for a permit to extend franchise facilities. Any such refusal shall be supported by a written statement from the City Manager or his designee that extending the franchise facilities, as proposed, would interfere with a public use, either current or future. • Section 33. 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 terms 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. C:1cpd work fileslfranchises \Colurnbia Fiberlcolumbia franchise - draft three - 7- 1 -03.doc 11 Proposed administrative draft — C. Driskell July 1, 2003 — draft three Section 34. 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 tunes to control by appropriate regulations the location, elevation, and manner of construction 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 35. 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 36. Indemnification. Grantee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own employees to which Grantee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property of which the negligent acts or omissions of Grantee, its agents, servants, officers or employees in performing services under this Franchise are the proximate cause. Grantee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees from any and all claims, costs, judgments, awards or liability to any 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 rights -of.- -way 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 rights -of- way or other, public.property based upon the inspection orlack of inspection ofwork 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. C:1cpd work fileslfraachises\Columbia Fiberlcolumbia franchise - draft three - 7- 1- 03.doc 12 Proposed administrative draft — C. Driskell July 1, 2003 — draft three In the event that Grantee refuses to accept the tender of defense in any suit or any clairn, 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 36 shall survive the exp iration or termination of this Franchise agreement, for a period of three (3) years. Section 37. 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 hereunder to Grantee, its agents, representatives or employees: Grantee shall provide a copy of such insurance certificate to the City for its inspection prior to the adoption of this Ordinance, and such insurance shall evidence: 1. Automobile Liability insurance with limits no less than S1,000,000 Combined Single Limit per accident for bodily injury and property damage. Such liability insurance shall only be required from Grantee for vehicles owned or controlled by Grantee. Any contractor hired by Grantee to perform labor in the performance of this franchise shall be required to obtain auto insurance as stated in this subsection; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than S1,000,000 Combined Single Limit per occurrence and S2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed 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 be the sole responsibility of Grantee. Recognizing the term of this Franchise, the City Manager may unilaterally adjust the insurance C:kpd work fileslfranchises\Columbia Fiberlcolumbia franchise - draft three - 7- 1- 03.doc 13 Proposed administrative draft — C. Driskell July 1, 2003 — draft three 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. Grantee's 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 38. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors 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 be conditioned so that Grantee shall observe all the covenants, terms 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 39. 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. .. :.. Section 40. .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 41. Forfeiture and Revocation. If Grantee willfully violates or fails to C:\cpd work files\franchises\Columbia Fiber\columbia franchise - draft three - 7- 1- 03.doc 14 Proposed administrative draft — C. Driskell July 1, 2003 — draft three 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 with the provisions of this Franchise and to recover damages and costs_incurred by the City by reason of Grantee's failure to comply. Section 42. 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 whole 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 43. Costs of Publication. -The cost of the preliminary and/or final publication of this Ordinance and/or its Ordinance Surnrnary shall be borne by Grantee. Section 44. 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 day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose. Section 45. Survival.- All of the 'provisions, conditions and requirements of Sections: 4, 5, 13, 25, 26, 36 and 49 of this Franchise shall bein 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 binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and all privileges, as well as' an 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 46. 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. C:1cpd work fileslfranchises\Columbia Fiber\columbia franchise - draft three - 7- 1- 03.doc 15 Proposed administrative draft — C. Driskell July 1, 2003 — draft three Section 47. Renewal. Application for extension or renewal of the term of this Franchise shall be made no later than one year before expiration thereof hi 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 48. 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: City of Spokane Valley Attn: City Clerk 11.707 E. Sprague Spokane Valley, WA 99206 With a Copy to: City of Spokane Valley Public Works Director 11707 E. Sprague Spokane Valley, WA 99206 Grantee: John Everett, General Manager FiberLink LLC dba Columbia Fiber Solutions P.O. Box 21001 -99201 Spokane, WA 99201 Phone: (509) 688 -4519 Fax: (509) 688 -4099 Section 49. 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 Eastern District of Washington.. _ • Section 50.. 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 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 Section 51. Entire Agreement. This Franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be 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. Clcpd work fileslfranchiscs\Columbia Fiberlcolumbia franchise - draft three - 7- 1 -03.doc 16 Proposed administrative draft — C. Driskell July 1, 2003 — draft three Section 52. 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 July 2003. City Clerk, Chris Bainbridge Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVieming C:\cpd work files\franchises\Columbia Fiber\columbia franchise - draft three - 7- 1- 03.doc 17 WHEREAS, the City Council passed Ordinance No. 03 that provided for the payment of claims or other obligations by check pursuant to RCW 35A.40.020 and identified City Officers and Council Members who were authorized to sign checks on behalf of the City; and • . . WHEREAS, it is necessary to amend the authorization to sign checks as set forth follows: ATTEST: CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 03 -074 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ANCENI)ING ORDINANCE NO. 03 TO PROVmE ADDITIONAL AUTHORIZATION TO SIGN CHECKS ON BEHALF OF THE CITY. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as Section 1. Amendment. Ordinance No. 03 is hereby amended as follows: Pursuant to RCW 35A.40.020, payment of claims or obligations of the City shall be by check. The qualified public depository, whereon such checks are to be drawn, shall be Farmers & Merchants Bank located at 10808 East Sprague Avenue, Spokane, Washington 99206, with City Officers authorized to sign checks being the City Manager or designee(s), two designated Council Members and the Finance Director with checks being signed by one authorized Council Member and one authorized staff member. Section 2. 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 12. Effective Date. This ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance a summary thereof in the official newspaper of the City. Passed by the City Council this . day of July, 2003. Christine Bainbridge, City Clerk Approved as to Form: interim City Attorney, Stanley M. Schwartz Date of Publication : Effective Date: Mayor, Michael DeVleming Ordinance to Provide Additional Authorization to Sign Checks Page 1 of 1 CITY OF SPOKANE VALLEY REQUEST FOR. COUNCIL ACTION DATE ACTION IS REQUESTED: July 8 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: Resolution 03 -040 Granting Authority to Open Accounts and to Deposit. and Withdraw Funds ATTACH I NTS: TYPE OF ACTION: X Ordinance Resolution Motion Agreement / SUBMITTED 13Y: R ACTION: ALTERNATIVE ACTION: FISCAL IMPACT: $ SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROTECT: RESOLUTION NO. 03-040 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON A RESOLUTION GRANTING AUTHORITY TO OPEN ACCOUNTS AND TO DEPOSIT AND WITHDRAW FUNDS FROM BANKING INSTITUTIONS. WHEREAS, it is necessary for representatives from the City to have authority to open accounts and have signing authority for City accounts at banking institutions to provide for the proper and necessary administration of City financial business on a day -to -day basis; WILER.EAS, it is necessary to limit the number of authorized representatives in order to maintain desirable accounting and institutional controls; WHEREAS, the this Resolution is to identify. those specific persons authorized to have signing authority on behalf of the City, pursuant to City of Spokane Valley Ordinance No. 3; and WHEREAS, said authority should be granted for the purpose of depositing funds into such accounts, writing checks from such accounts, and authorizing fund transfers to and from • such-accounts. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: The following representatives of the City of Spokane Valley are authorized to transact business with banking institutions on behalf of the City: Mayor Michael DeVleming, Finance Director Ken Thompson, Deputy City Manager Nina Regor, and City Councilmember Mike Flanigan. ATTEST: Adopted this day of July, 2003. City Clerk, Christine Bainbridge Approved as to Form: Interim City Attorney, Stanley M. Schwartz City of Spokane Valley Mayor Michael DeVleming Resolution 03 -040 Open accounts Page 1 of 1 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03- X4 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING SIGNATURE LIMITS WITH RESPECT TO AGREEMENTS MADE ON BEHALF OF THE CITY. WHEREAS, pursuant to Ordinance, the City has established procedures for the purchase of goods, supplies, materials and .equipment, architectural and engineering services and the procurement of public works from the small works roster; WHEREAS, to facilitate the business of the City and provide for the convenience of . persons and entities who provide goods or services to the City, the City has approved certain form agreements by Resolution; WHEREAS, the City Manager, as the Chief Executive Officer of the City, is authorized pursuant to State law to conduct and manage the administrative affairs' of the City which include entering into contracts on behalf of the City; and . • WHEREAS, to facilitate the administrative operations of the City, the Council establishes the .following limits with respect to the signature authority of the City Manager. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: On behalf of the City of Spokane Valley, the City Manager pursuant to Ordinance and State law is authorized to execute contracts in the following amounts. Description Amount 1. Public Works - Small Works Roster 2. Architectural and Engincerin g Services 3. General Services 4. Acquisition of Supplies, Materials, Goods and Equipment $200,000.00 $100,000.00 . $100,000.00 $50,000.00 The above amounts shall not be exceeded without City Council approval. Adopted this day of , 2003. City of Spokane Valley Mayor Michael DeVleming C: Documcnts and Scttingsk;bainbridgclLocal SettingsVremporary Internet Files\ Content I E51GDEJWXQB \Resolution03 {06- 27- 03)(1).DOC ATTEST: City Clerk, Chris Bainbridge Approved As To Form: Interim City Attorney, Stanley M. Schwartz Alarm Ordinance Page 1 of 1 Memo To: Mayor and Council From: Stan McNutt, Interim Deputy City Manager Date: June 27, 2003 Re: Cable Advisory Board City of Spokane Valley Administration • Some time ago the Mayor and I attended a meeting in Spokane regarding the Cable Franchise negotiations which were taking place between Spokane City and Comcast. A part of that discussion had to .do with the Regional Cable Advisory Board which is established by county ordinance and serves as a coordinating group for cable relations and franchises. It was our request at the time that the City of Spokane Valley be allowed to participate officially on that Advisory' Board. Attached is an ordinance relating to cable television, amending the Spokane Municipal Code that does provide for approximate proportional representation on the Board. I recommend that the City Council consider approving the document with whatever, amendments deemed necessary to send it on to Spokane County for their final action. Our action would be to pass a motion agreeing with the•language of the proposed ordinance revision. Stan McNutt From: Beaumier, Robert [RBeaumier @SpokaneCity.org) Sent: Tuesday, June 24, 2003 7:15 PM To: Cary Driskell; Emacio, James Cc: Kole, Ronald; Feist, Marlene; Stan McNutt; 'Laurie DeVarney' Subject: regional cable board ordinance cab 03 06 24 �gional ordinanc. Attached is a proposed regional cable board ordinance. The Spokane City County Cable Advisory Board has approved it. It takes effect on adoption by all members (Valley, . County and City of Spokane). I would like to forward it to the City of Spokane City Council, but it is probably first appropriate to have some indication whether there would be favorable staff recommendations for the City of Spokane - Valley and Spokane County, and if you have any desired changes.. By way of explanation of how the proposal is drafted, section A follows the existing pattern, but expands board membership as noted. Currently, the Cable Advisory Board has 11 members of which 7 are City of Spokane appointed and 4 are County appointed. The new division would be 6 appointees from the City of Spokane, 3 from the Valley and 2 from the County, considering that the larger majority of former County cable subscribers now live in the Valley. Section 3 is a transitional section. Sections C D and E are patterned after the existing ordinance, which generally has worked well. Our Board Chair expressed a special request that we have Valley representatives for the July 21 meeting if that were possible. Please let me know if I can do anything further to assist. «cab 03 06 24 regional ordinance.doc» > Confidential & Privileged Legal Materials > (Your cooperation is requested; no disclosure authorized without > express consent of client(s) & City Attorney.] > Robert G. Beaumier, Jr. > Assistant City Attorney > Office of the City Attorney > City of Spokane > 808 W. Spokane Falls Blvd. > 5th Floor, Municipal Bldg. > Spokane, WA 99201 -3326 > (509) 625 -6225 > FAX (509) 625 -6277 > rbeaumier@spokanecity.org > NOTICE: This communication may contain privileged or other > confidential information. If you are not the intended recipient, or > believe that you have received this communication in error, please do > not print, copy, retransmit, disseminate, or otherwise use the > information. Also, please indicate to the sender that you have > received this email in error, and delete the copy you received. Thank > you. 1 03 06 25 rgb Ordinance no. C- An ordinance relating to cable television, amending SMC 10.27.900. The City of Spokane does ordain: Section 1. That a new section be added to ch. 10.27 to be numbered 10.27.905 and to read as follows: 10.27.905 Regional Cable Advisory Board. A. In lieu of a board under section 10.27.900, the City of Spokane, City of Spokane Valley and Spokane County may establish a Regional Cable Advisory Board, to be effective upon joint adoption of this provision by legislative action of the three jurisdictions. The Regional Cable Advisory Board shall, consist of eleven members, appointed by the mayors of participating cities, confirmed by majority vote of the city councils, and by the Spokane County Board of Commissioners for County appointees. Six members may be appointed by the City of Spokane, three by the City of Spokane Valley and two by Spokane County. Members shall be appointed for staggered three year terms. B. As of the effective date of this section, there is already a current City- County Cable Advisory l3oa.rd for the City of Spokane and Spokane County of eleven members. The three positions transferred to Spokane Valley by this action shall continue for their existing terms and shall be those positions with the shortest remaining unexpired terms, selected in reverse order of member seniority, or as designated by the appointing authority in the event of equal status. Any members replaced by Spokane Valley appointments. may also continue to serve as ex officio board members until expiration of their terms or may continue in service as a voting member if approved to do so by Spokane Valley. C. Regional cable advisory board members shall serve without compensation or per diem. They shall be broadly representative of the appointing authority's population, with diverse backgrounds and a reasonable knowledge of cable communications. The regional cable advisory board shall appoint from its members a chairperson and a vice chair to serve in absence of the chair. No regional cable advisory board member shall be affiliated with a local cable franchisee in any way. D. Reasonable expenses of the regional cable advisory board, including any necessary support staff, shall be provided by the participating jurisdictions through an approved annual budget, approximately in proportion to board membership, but each participating jurisdiction retains full authority over its staff and expenditures except also as may be otherwise addressed by a separately approved interlocal agreement. E. The regional cable advisory board has discretion to act and support the participating local governments in the following areas: 1. Consider unresolved complaints and disagreements between franchisees and subscribers or users of the cable communications system and issue rulings thereon. 2. Advise on the regulation of rates in accordance with the provisions of any other applicable ordinance requirements or laws. 3. Advise regarding general policy relating to the cable services provided subscribers and the operation and use of access and leased access channels (if any), with a view to maximizing the diversity and usefulness of programs and services to subscribers. 4. Assist in consideration of applications for new, transfer, and renewal franchises. 5. Perform such other advisory functions as the executive or legislative branches of participating jurisdictions may from time to time request, but any functions requested by one local government which concern areas of another local government shall require the concurrence of the other local government. Passed the City Council Attest: City Clerk 2 Council President Mayor Approved as to form: Assistant City Attorney 3 07/02/2003 13:16 IJITHERSPOON KELLEY 4 9P9211008 AN INTERLOCAL AGREEMENT AMONG SPOKANE COUNTY, CITY OF SPOKANE, WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, SPOKANE TRANSIT AUTHORITY, AND OTHER CITIES AND TOWNS WITHIN SPOKANE COUNTY, TO FORM A SPOKANE REGIONAL TRANSPORTATION COUNCIL, DEFINE ITS ORGANIZATION AND POWERS, AND ESTABLISH A REGIONAL COUNCIL JURISDICTIONAL AREA. THIS AGREEMENT, made and entered into this day of 2003 among the County of Spokane, a political subdivision of the State of Washington, hereinafter referred to as the "County," the City of Spokane, a municipal corporation of the State of Washington, hereinafter referred to as the "City," the Washington State Department of Transportation, an agency of the State of Washington, hereinafter referred to as "WSDOT," the Spokane Transit Authority, a municipal corporation of the State of Washington, hereinafter referred to as "STA," and certain other incorporated towns and cities located within Spokane County, hereinafter referred to as "Other Members," jointly, along with the County, City, STA and WSDOT referred to as the `Members ?' W ITNES SETH: WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public entities may jointly cooperate between each other to perform functions which each may individually perform; and WHEREAS, on December 18, 1991, the President of the United States signed the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) which provided authorization for highways, highway safety, and mass transportation and enunciated a policy statement "Rio develop a National Intermodal Transportation System that is economically efficient, environmentally sound, provide the foundation for the nation to compete in the global economy and will move people and goods in an energy efficient manner;" and WHEREAS, Federal Transportation legislation required the establishment, by agreement between the Governor of the State of Washington and units of general purpose local government, of a Metropolitan Planning Organization (MPO), which in cooperation with the State of Washington shall develop transportation plans and programs for urbanized areas of Washington State; and WI 1. REAS, pursuant to the above referenced state and federal laws and Federal Transportation legislation, the Members are desirous of establishing a regional transportation council to carry out those responsibilities of the MPO as provided for in Federal Transportation legislation as well as other responsibilities determined by the Council. 1 NO.680 P002 •d 013b9- EbE -6AS 31215 dS0 ;i70 CO 10 Inc 07/02/2003 13:16 WITHERSPOON KELLEY 4 9P9211006 NOW, THEREFORE, it is specifically agreed among the Members hereto as follows: Section is NAME A regional body, comprising representatives of the County, City, WSDOT, Washington State Transportation Commission, STA, and Other Members is hereby created and shall be known as the Spokane Regional Transportation Council, referred to hereinafter as the "Council." Section 2: PURPOSE Recognizing that coordinated transportation planning of the County, City, WSDOT, Washington State Transportation Commission, STA and Other Members are necessarily interwoven and interdependent and that the interests of all citizens will best be served by coordinated and cooperative transportation planning, this Council is established to facilitate such appropriate coordination and cooperation and provide for continuing area wide transportation planning. The Council is not authorized to in any way supersede the authority vested in the County, City, WSDOT, STA or Other Members, but is intended to meet the prerequisites of Federal Transportation legislation. Section 3: POWERS AND FUNCTIONS The functions, responsibilities, and powers of Council shall be as follows: (a) To perform the functions of the MPO for the urbanized area including those functions set forth in the ISTEA legislation of 1991, Transportation Equity Act for the 21' Century (TEA -21) and the Federal Register as it presently exists, or as it may be hereinafter modified implementing TEA -21 as well as those functions, which may be required hereinafter by Federal Transportation legislation. (b) To prepare and update a Metropolitan Transportation Plan and Regional Transportation Improvement Program. (c) To administer regional transportation funding programs and consider only those projects which have been approved by the governing bodies of the sponsoring members and which are incorporated within the adopted. Metropolitan Transportation Plan (d) To participate in the maintenance of transportation related data banks and transportation related information. (e) To contract with the WSDOT or other appropriate entities in order to meet requirements of State and/or Federal Transportation legislation. 2 NO.660 D003 6'd 00I.5-E C -60S 0.1.715 d90 =b0 CO TO Y ^C 07/02/2003 13:16 WITHERSPOON KELLEY 4 9P9211008 (f) To create technical and citizen committees to advise the Council on transportation related matters_ (g) To perform such other transportation planning related functions as the Council may hereinafter determine to be in the best interests of the Council. The Council, or any of the Members hereto, may receive grants -in -aid from the State or Federal, Government or any other department or agency and may accept gifts for the purpose of this Agreement. Section 4: JURISDICTIONAL AND METROPOLITAN AREA. DEFINED The Council's jurisdictional area shall consist of all incorporated and unincorporated areas of Spokane County, Washington, and may include contiguous areas across county or state boundaries as deetnexl appropriate and which meet the criteria of State and/or Federal Transportation legislation. NO. 680 D004 Section 5: GOVERNING BODY AND OFFICERS The governing body of the Council shall be governed by the following thresholds: Jurisdictions under 50,000 population - one (1) person jointly selected by the Other Members, who shall be an elected official from a small town/city jurisdictions 50,000 to 100,000 — one (1) person appointed by each re governing body, who shall be an elected official; jurisdictions over 100,000 population — two (2) persons appointed by each respective governing body, who shall be elected officials; one (1) Board Member of STA appointed by the STA Board, who shall be an elected official from a small town/city, two (2) state transportation representatives, one from. the Washington State Departmnent of Transportation and appointed by the Chair of the Transportation Commission, and the other from the Washington State Department of Transportation and appointed by the Secretary of Transportation; and one (1) person with private sector transportation provider experience who shall be appointed by a majority vote of the other Council representatives. All Council appointments shall be for a term of three (3) years or the tenure of office of the representative in his/her respective jurisdiction whichever is the lesser time. Alternate Cotmcil representatives may serve in the absence of the designated representative so long as the alternate representative is an elected or appointed official of the appointing Member's parent agency. All alternate Council representatives must serve in the same capacity as the regularly designated representative as defined hereinabove Officers of the Council shall include a chair and vice- chair, who shall be elected by majority vote of the Council. Only representatives who are elected official§ may be ofcers. Officers shall serve a one-year term. The chair shall alternate among representatives of the Council. 3 y•d 00'179 -Ci7E-SOS O.L?JS dgo;170 EC TO Irf 07/02/2003 13:16 WITHERSPOON KELLEY 4 9P9211008 Section 6: MEETLNGS The Council shall hold regular monthly meetings. The Chair may call a special meeting or executive session or shall call a special meeting at the request of a majority of the Council. The Council shall adopt rules for the conduct of its business consistent with this Agreement and such rules shall prescribe, among other matters, the place of meetings and the methods of providing reasonable notice to Members thereof. Such rules shall be adopted and may be amended by a majority vote (75% ratification of the Member bodies) of the total Council, or by amendment to this Agreement as provided herein. All meetings of the Council shall be open to the public as required by chapter 42.30 RCW. A quorum for the purpose of transacting business shall consist of a simple majority of the Board. All recommendations, motions, or other actions of the Council shall be adopted by a favorable vote of a majority of those present. All Council representatives including officers shall be entitled to one vote. Section 7: STAFF AND SUPPORT The Council shall employ a Transportation Manager and staff as necessary to conduct the work programs of the Council consistent with this Agreement. The Transportation Manager shall be appointed by and serve at the pleasure of the Council, shall be responsible for record keeping and shall direct the Council staff to carry out the work program and purpose of the Council. The Transportation Manager shall receive Council approval prior to submitting application(s) for or acceptance of any grants to carry out those functions set forth in Section 3 hereinabove. Provided, however, in instances where a grant application must be submitted prior to the next regularly scheduled meeting of the Coimcil so that timely Council approval =mot be obtained, the grant application may still be submitted with approval of the chair and vice-chair of the Council. Employees of the Council shall be hired and discharged by and work under the direction of the Transportation Manager. The Council may arrange for support services such as requisitioning and purchasing, payment of expenditures, accounting, payroll, computer processing, legal counsel, and others as deemed necessary. Pay schedules shall be set by the Council consistent with responsibilities performed and the demand for such personnel in public and private industry, with due consideration to pay schedules for like positions in Member agencies. Section 8: WORK PROGRAM AND ANNUAL BUDGET The Council shall prepare and adopt a proposed work program and budget for each calendar year. The detailed annual work program shall list specific work projects to be 4 NO.680 P005 � -d ooips- Ens -60S 3.L IS d9o:v0 eo to tnr 07/02/2003 13:16 W I THERSPOON KELLEY 4 9P9211008 undertaken by the Council. The Transportation Manager shall confer with and inform Members concerning the preparation of and progress on the technical areas of work programs and projects. The Council shall submit the proposed work program and budget to the Mcnnbcrs by August 1 of the preceding year. Approval or rejection of such budget by each Member shall be submitted to the Council by November 1 of each year. The annual budget and/or work program of the Council may be amended by vote of the Council, provided such amendment does not require additional budget appropriation, or by the joint approval of the Council and Members where such amendment does require additional budget appropriation. After approval of the Council budget, no Member may terminate or withhold its share during the year for which it was allocated. Section 9_: ALLOCATION OF COSTS, APPROPRIATIONS, EXPENDITURES It is anticipated that most projects and programs of the Council will involve benefit to its Members. Costs of the annual budget expenditures shall be divided among the Members as determined by the Council. Any additional agency joining the Council as a Member, shall contribute as agreed with the Council. Additional contributions to the Council budget may be made to accomplish projects and programs deemed to be of particular pertinence or benefit to one or more of the Member agencies. Each funding Member approving the proposed Council budget shall submit its payment on or before January 20 of the budget year that it has approved. The funds of such joint operation shall be deposited in the public trea.sury of Spokane County or the public treasury of any other Member as so agreed upon by the Members; and such deposit shall be subject to the same audit and fiscal controls as the public treasury where the funds are so deposited. The funds shall be used in accordance with the adopted budget and work plan. The Transportation Manager may make expenditures in accordance with the approved Council budget and work plan and shall maintain records of expenditures and report monthly to the Council on budget activity. Payment of all claims shall be signed by the Transportation Manager and approved monthly by the Council. Such claims, with proper affidavits required by law, shall then be certified for payment by the City or County Auditor or as arranged by the Council. Section 10: ENTER- RELATIONSHIP BETWEEN COUNCIL, CITIES AND COUNTY PLANNING COMMISSIONS Cities and County Planning Commissions shall continue their respective BInctions as provided by charter and/or State law, including preparation of Cities' and County Comprehensive Plans, to which the Metropolitan Transportation Plan shall be coordinated, and administering the zoning, subdivision and similar implementing controls as may be assigned them by their respective legislative bodies. 5 h0. 68e 0006 9'4 0009- 647E -60S O.LZIS d90 =t+0 CO TO InC 07/02/2003 13:16 WITHERSPOON KELLEY 4 9P921100B The successful execution of Council duties and responsibilities in preparing a Metropolitan Transportation Plan, in coordination with local plans, requires comprehensive plans be prepared and kept up -to -date by the City, County, and Other Mernbers for their respective jurisdictions. Section 11: AMENDMENTS This Agreement may be amended by mutual agreement of the Members. Section 12: TERMINATION ION The City, County, STA, WSDOT, or Other Members of the Council may terminate membership in the Council by giving written notice to the Council prior to August 1 of any year for the following year. Section 13: PRIOR WRITTEN AGREEMENTS This Agreement shall supersede the following Agreements: Agreement creating the Spokane Regional Planning Conference, Spokane, Washington, dated December 15, 1966. An Amended Agreement between Spokane County, Washington, and City of Spokane, Washington, to form a Spokane Regional Planning Conference, Define its Organization and Powers, and Establish its Regional Planning District, dated August 31, 1972. An Amended Agreement between Spokane County, Washington, and the City of Spokane, Washington, and other municipalities, to form a Spokane Regional Council, Define its Organization and Powers, and Establish Regional Council Jurisdiction Area, dated August 15, 1984. An Interlocal Agreement among Spokane County, City of Spokane, Washington State Departrnent of Transportation, Spokane Transit Authority, and Other Cities and Towns Within Spokane County, to Form a Regional Transportation Council, Define its Organization and Powers, and Establish a Regional Council Jurisdictional Area dated October 12, 1993. Section 14: EFFECTIVE DATE The effective date of this Agreement shall be upon ratification of this Agreement by a majority of the signatoxies. 6 NO.680 POO? L •d o0 -v9- E,E -60S 012IS dLo :vo co 10 Inc 07/022003 13:16 WITHERSPOON KELLEY 4 9P9211008 8 '44 Section I5: METROPOLITAN PLANNING ORGANIZATION (MPO) DESIGNATION The execution of this Agreement by the signatures affixed hereto is not intended to act as a revocation of the ivlPO designation under the Federal Highways Act, which existed prior to the effective date hereinabove. Section 16: SUCCESSOR IN I'vi TEREST The Council, as provided for herein, shall be the successor . in interest to all grants, contracts, and other documents entered into by the Council's predecessor, the Spokane Regional Council. IN WITNESS WHEREOF, the Members hereto have entered into this Agreement on the day and year set forth Herein above. ATTEST: VICKY M. DALTON CLERK OF THE BOARD Daniela Erickson, Deputy A'ri t.ST: By City Clerk 00479 -E'E -SOS ADOPTED by the Board of County Commissioners of Spokane County, Washington this o_ Sf day of ,' 2003. John Roskelley, Chair M. Kate CITY OF SPOKANE Mayor Assistant City Attorney lin, Commissioner 31215 NO.680 0008 4 :470 CO TO Inc 07 /02/2003 13:16 WITHERSPOON KELLEY 4 9P9211008 - WASHINGTON STATE DEPARTMENT OF TRANSPORT ION Mayor CITY OF AIRWAY HTS., WASHINGTON CITY OF DEER PARK, WASH GTON Mayor CITY OF LATAH, WASHINGTON Mayor AL LAKE, WASHINGTON M r Attest : ` ,4'1u. ct 4. C ?i..., j;).31 CITY OF ROCKFORD, W z ' GTON CITY OF WAVERLY, WASHINGTON 8 SPOKANE TRANSIT AUTHORITY CITY OF CHEN EY, WASHINGTON iii • 41, � _.��► c311(7 A44.10111 CITY OF MILLWOOD, WASHINGTON M e " r CITY OF SPANGLE, W • HINGTON Mayor Mayor OF FAIRFIELD, WASHINGTON WASHINGTON CITY OF SPOKANE VALLEY, WASHINGTON NO.6B0 0009 6•d 0049 -6t' -SOS 018S dLO :i3O CO 10 InC Memo Valley To Mayor DeVleming & City Council From: William Gothmann, Planning Commission Chair Date: June 11, 2003 Re: Recommendation — Planning Commission Rules of Procedure The Planning Commission has reviewed the Planning Commission Rules of Procedure draft and forward this recommendation of approval with minor modifications. Those modifications are summarized as follows: 1. Section 8.4 — Meetings: Change the language to read: "The recommended order of business for meetings shall be:' . 2. Section 16.B — Appearance of Faimess: A new paragraph was added by Deputy City Attomey Cary Driskell after the last Planning Commission review related to ex parte communications. 3. (New Section) Section 17 — Mandatory Review of Rules: Add a new section requiring a review of the Rules of Procedure at the one -year anniversary and every two years thereafter. ilff am'Gothmann, Chair Spokane Valley Planning Commission i `1 3. Planning Commission Recommendation 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 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. 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. 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. 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. Secretary of the Commission A. The Director of the Department of Community Development or his /her designee shall serve as the Secretary to the Commission. 1 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. Election of Officers A. Officers shall be elected at the second regular meeting in the 11 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. Voting A.. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. 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 4th 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. Meetings 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. 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 recommended order of business for Meetings shall be is: (a) CaII to order by Chair. (b) Pledge of Allegiance. (c) Roll call by recording secretary. (d) Approval of Agenda. (e) Approval or amendment of minutes. (f) Commission Members Report (g) Administrative Report. • (h) Commission Business. a. Old Business b. • New Business (i) Public Comment (j) For the Good of the Order. (k) Adjournment.. B. Planning Commission meetings shall be held in accordance with the requirements of the Open Meetings Act, RCW Chapter 42.30. 3 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. • 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. Please refer to Section 16(B) - for more specific information on how to proceed where there has been an ex parte communication. 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. 5 The Chair allows proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission 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. 2. • 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 16. Appearance of Fairness 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. 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. A. The Commission shall adhere to the applicable requirements of the appearance of fairness doctrine, RCW Chapter 42.36. B. During the pendency of any quasi - judicial proceeding, no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Commission member: (1) places on the record the substance of such oral or written communications; and (2) provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject: This does not prohibit correspondence between a citizen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi - judicial proceeding. (RCW 42.36.060) 8 17. Review of These Rules of Procedure The Planning Commission shall review these rules of procedure on the first anniversary of their adoption and every other year thereafter. Any amendments identified by the Planning Commission shall be forwarded to the City Council for review and ratification. 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 Date: Secretary of the Commission 9