Loading...
2003, 05-27 Regular MeetingCITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington 4. ROLL CALL Tuesday, May 27, 2003, 6:00 p.m. 3. INVOCATION Pastor Joe Farrow, Rockford United Methodist Church (former resident) 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS A) Proclaim Veteran of Foreign Wars Buddy Poppy Weeks 6. APPROVAL 01? AGENDA 7. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS 8. MAYOR REPORT 9. PUBLIC C0iV1i 'IELN'1'S (For members of the public to speak to the Council regarding matters NOT on the agenda. Please state your name, address and subject for the record and limit remarks to duce minutes. Thank you.) 10. PUBLIC HEARINGS/COMMENTS A) Zoning Ordinance Amendment Public Hearing (1) Open Public Hearing (2) Citizen Comments on Proposed Amendments (3) Close Public Hearing B) Proposed Stormwater Regulations (1) Public comments on proposed regulations 11. CONSENT AGENDA (Consists of items considered routine which are approved as a eroup. A cuuntihnentber may remove an item from the Agenda to be considered separately.) A) Approve Regular Council Minutes, April 8, 2003 I3) Approve Study Session Notes, April 15, 2003 (Available at meeting) C) Approve Regular Council Minutes, April 22, 2003 (Availahlent meetin I)) Approve Claims Obligations in amount of $245,227.14 E) Approve Payroll Obligations in amount of $25,528.63 , Council Agenda, May 27, 2003 5/23/2003 4:40 PM 1 12. 01]) BUSINESS A) Motions (1) Agenda Bill No. 2003-118, Ratification of County changes to Street Maintenance Services agreement — REMOVE FROM THE TABLE (PUILIc COI II NT ON MOTION) 13. NEW BUSINESS A) MOTIONS 11) Ordinances — First Reading (1) Ordinance No. 67, Junk Vehicle Regulations (PUBLIC comlmLNT ORDINANCE NO. 67) (2) Ordinance No. 68, EMAN Network Fiber Optic Franchise (mimic C.O,?1MENr ON ORDINANCE NO. 68) (3) Ordinance No. 54 A -1, Zoning Amendments (PUBLIC COMMn.NfO,N ORDINANCE NO. 54 A -1) C) Resolutions (1.) Resolution No. 03 -021 A -2, Master Fee Schedule Amendment (PUBLIC COMMENT ON RESOLUTION NO. 03-021 A -2) (2) Resolution No. 03 -030, Parks Property Acceptance (PUBLIC COMMENT ON RESOLUTION NO. 03 -030) (3) Resolution No. 03 -034, Temporary Easement to WSI)OT (PUBLIC COMMENT ON RESOLUTION NO. 03 -034) D) Agreements /Contracts (1) Agreement No. CO3 -38, Solid Waste- Spokane County (PUBLIC COMMENT ON AGREEMENT NO. CO3 -33) (2) Agreement No. CO3 -36, Storm Water- Spokane County (PUBLIC COMMENT ON AGRIh:AIEN r NO. (:(13 -3(i) 14. PUBLIC C C01\4MENTS (maximum of three m 'nut as: please stale nnmt, nddress amt subject for the record) 15. PENDING LEGISLATION 16. ADMINISTRATIVE REPORTS A) Parks and Recreation Department 17. INFORMATION 18. ADJOURNMENT Cirune.il Agenda, May 27, 2003 5/23/2003 4:40 PM 7 FUTURE SCHEDULE A) June 3, 2003, Council Study Session, 6:00 p.m., City Hall .R) June 10, 2003, Council Regular Meeting, 6:00 p.m., City Hall C) June 17, 2003, Council Study Session, 6:00 p.m., City Hall 1)) June .18 -20, 2003, A WC CON EI? NCE- SPOKANE — REGISTER NOW E) Ju 24, 2003, Council Regular Meeting, 6:00 p.ni., City Hall 1) June 25, 2003, Regional Elected Officials, EMS Communications Spiel'', 6:30 p.in., .Location Announced Later G) July 1, 2003, Council Study Session, 6:00 p.m., City Hall FI) July .1 S, 2003, Council Regular Meeting, 6:00 p.m., City Hall Council Agcnda, May 27, 20113 523/2003 4a0 PM 3 City of Spokane Valley Voucher Summary Report Batch # Date Amount Month Total 1 12/18/2002 $ 63,890.57 2 12/28/2002 $102,593.98 $ 166,484.55 3 1/14/2003 $84,706.76 4 1/28/2003 $105,554.00 $ 190,260.76 5 2/7/2003 $117,571.02 6 2/21/2003 $198,058.78 $315,629.80 7 3/7/2003 $139,739.71 8 3/21/2003 $135,837.03 $271576.74 9 4/4/2003 $280,485.13 10 4/18/2003 $153,401.74 11 4/18/2003 $153,305.98 $587,192.85 12 5/2/2003 $289,781.60 13 5/16/2003 tV r 2 ;:�i'4 $535,008.74 Total $ 2,070,153.44 $2,070,153.44 Payroll Worksheet Check Number 2087 2088 2089 2090 2091 2092 2093 2094 2095 2006 Name Total Ber . C Dampier_Q Driskell Husfloen. B Larson. B (rvre. K Raskell. S Taylor. R Todd, J Mercier. D Semi - Monthly $ 2,155.50 S 1,948.00 $ 5,210 Hourly Rate $ 17.29 $ 16.39 Exempt $ 21.43 $ 15.69 $ 24.84 Exempt $ 19.11 S 20.00 $ Pers Rate 0.0065 0.0065 0.0065 0.0065 0.05 0.0065 0.0065 0.0500 0.0065 L &I Rate (Hr) 0.8255 0.1614 0.1614 0.8255 0.1614 0.8255 0.1614 0.8255 0.1614 0.1614 Regular Hours 879.80 88.00 88.00 84.30 88.00 88.00 88.00 80.00 88.00 99.50 88.00 Sick - - - - - - - Vacation - Total Reg Hours 879.80 88.00 ' 88.00 84.30 88.00 88.00 88.00 80.00 88.00 99.50 88.00 OT Hours 40.40 14.40 - - 26.00 - - - - Total Work Hours 920.20 88.00 102.40 84.30 88.00 114.00 88.00 80.00 88.00 99.50 88.00 Reg Pay 16,191.50 1,521.52 1,442.32 2,155.50 1,885.84 1,380.72 2,185.92 1,948.00 1,681.68 1,990.00 OT Pay 966.14 354.10 - 612.04 - - - Total Pay 22,366.19 1,521.52 1,796.42 2,155.50 1,885.84 1,992.76 2,185.92 1,948.00 1,681.68 1.990.00 5,208.55 ()eduction FIT 1,948.00 109.00 182.00 322.00 133.00 264.00 233.00 180.00 102.00 176.00 247.00 Soc Security 123,38 - - 123.38 - Medi 324.30 22.06 26.04 31.25 27.35 28.90 31.70 28.25 24.38 28.85 75.52 401a 1,237.47 94.33 111.38 133.64 116.92 123.55 135.53 120.78 104.26 - 297.08 401a Retr 899.50 - - - - - - 899.50 Pers 258.43 9.89 11.68 14.01 12.26 99.64 14.21 12.66 84.08 457 4,021.03 25.00 150.00 56.58 50.00 50.00 - 3,689.45 1_8.1 96.58 17.33 5.87 4.58 17.33 6.53 17.33 4.58 17.33 5.70 Medical (GH) 90.81 - - 90.81 - - Net Pay 13,366.69 1,268.91 1,434.45 1,500.02 1,431.59 1,470.14 1,704.15 1,551.73 1,349.63 1,656.07 1Fmr2layer Costs Medicare 324.30 22.06 26.04 31.25 27.35 28.90 31.70 28.25 24.38 28.85 75.52 Soc Security 123.38 - - - - - - 123.38 401a 1,237.47 94.33 111.38 133.64 116.92 123.55 135.53 120.78 104.26 297.08 401a Retr 1,008.25 - - 1,006.25 Pers 200.21 20.08 23.71 28.45 24.89 26.30 28.85 25.71 22.20 LR 1 270.83 55.32 10.66 8.33 55.32 11.87 55.32 8.33 55.32 10.36 Medical - - - 3,162.44 191.79 171.79 201.67 224.48 190.62 251.40 183.07 206.16 162.59 1,378.85 ata]- Payroll Cost 25,528.3" K75/1512003 • SUBMITTED 13Y: Public Works Director FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGE'T'ED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -130 DATE ACTION IS TITLE: TYPE OF ACTION: R WSDOT temporary easement May 27, 2003 Ordinance APPROVED FOR ATTACHMENTS: COUNCIL PACKET: ( Resolution No. 03 -034 X Resolution (2) Proposed easement City Manager Motion Dept. Head Other Attorney Approve As To Form STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Resolution No. 03 -034 granting temporary easement to Washington State Department of Transportation. I)ISCUSSION: The Washington State Department of Transportation has a scheduled improvement project on a portion of SR 90, Argonne Rd. I/C Vicinity to Pines Rd. I/C Vicinity within the boundaries of Spokane Valley. The proposed project includes construction of a sound wall that will entail use of public property now under the ownership of Spokane Valley. The temporary rights herein granted will terminate upon completion of this construction project, or on December 5, 2003, whichever occurs first. ALTERNATIVES: Do not grant the easement, that will preclude WSDOT .from construction of this sound wall. DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Street Maintenance agreement May 13, 2003 - tabled ratification May 27, 2003 Ordinance APPROVED FOR ATTACJ I:M ENTS: Resolution COUNCIL PACKET: X Motion City Manager �--- Other PLX' Dept. Head Attorney Approve As To Form :SUBMITTED BY: Public Works ALTERNATIVES: None FISCAL, IMPACT: N/A SOURCE OF FUNDS: AMOUNT BUDGETED: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -1.18 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: (1) Remove from the table May 13, 2003 motion to ratify Spokane County language changes to Agreement for Street Maintenance Services. THEN (2) Move to amend and adopt language changes as negotiated by staff to Agreement between Spokane Valley and Spokane County for Street Maintenance Services. DISCUSSION: At the April 22, 2003 meeting, Council authorized for execution interlocal agreement No. CO3 -33 for street maintenance services with Spokane County, including additional language amendment to Section 3. Following Council action, there were some language changes made by the County to the amendment approved by Council as noted in the April 29, 2003 letter from James Emacio. At the May 13, 2003 Council meeting, Council tabled the motion to ratify language changes made by Spokane County until there could be further negotiation by staff and Spokane County for language acceptable to Spokane Valley. Ruth Muller From: Dick Warren Sent: Monday, May 19, 2003 12:52 PM To: 'Stan M Schwartz' Cc: Ruth Muller Subject: RE: Street Maintenance Agreement Stan: The wording is fine for me. 'can we caet this_ tgr=- , ernent on the aderrda fdr the andTbe .dorle_with_it7`'_7--- Jim 5/19/2003 Original Message---- - From: Stan M Schwartz [mailto:sms @notes.wkdtlaw.com] Sent: Friday, May 16, 2003 8:17 AM To: Dick Warren Cc: Dave Mercier Subject: RE: Street Maintenance Agreement I just received the attached from Attorney Emaciozn irthinictiie7Couhty lddificalions -to my .Jproposed�! Ianguage-is-.cceptabie. Let me know your thoughts. ----- Forwarded by Stan M SchwartzMWDT on 05116/03 08:01 AM -- "Emacio, James" <JEmacio@a spokanecounty.org> To: 'Stan M Schwartz <sms@notes.wkdtlaw.com> cc: `Haines, Jim" <JHainesQc spokanecounty.org >, "Kelley, Ross" <RKeltey @spoke necounty,org> Subject: RE: Street hdaintenance Agreement 05116103 07:52 AM Stanley: Page - 1 of 2 I have taken your draft language and have discussed it with the Engineers Department. We believe we could recommend that it be adopted with the changes noted. Let me know if this is acceptable and I will pass it by the Board. Thanks. Original Message From: Stan M Schwartz [mailto:sms @notes.wkdtlaw.com] Sent: Wednesday, May 14, 2003 10:00 AM To: jemacio @spokanecounty.org Cc: dwarren@spokanevalley.org Subject: Street Maintenance Agreement At last night's Spokane Valley City Council Meeting the Council deferred the Street Maintenance Agreement. The Council had concern with the language proposed in your 4.29.03 letter. The City's concern is simple: if services do not reasonably meet the County standards the City should be able to withhold payment pending resolution of the claim. Your language does not appear to allow such 5/19/2003 Page 2 of 2 withholding, does not address who determines if standards are met or how the determination is made and provides for a credit without interest if the City "should not be responsible for payment ". I suggest a merger of the two paragraphs set forth in your 4.29.03 letter, as well as, notice, cure and payment language. I have also provided a dispute resolution process. See the attached a word document. As a practical matter, if the parties work promptly to resolve any disputes (which we hope will not arise) my suggested language should not cause financial hardship to the County since payment under the agreement is already planned to be approximately one month in arrears. See Section 3. In the future when you correspond with my client on legal matters that you and I are working on, copy me. Finally, as we previously discussed, please have the County written maintenance standards sent to Dick Warren. On a different note, Stan McNutt (with a copy to me) would like to see the new payment language for the Probation Interlocal. CITY OF SPOKANE VALLEY PUBLIC HEARING NOTICE Notice is hereby given that the Spokane Valley City Council will hold a public hearing to consider six (6) rezoning actions to implement recent amendments to the Spokane Valley Interim Comprehensive Plan. The public hearing is scheduled for Tuesday, May 27, 2003 during the regular Council meeting beginning at 6:00 p.m. at City Hall Council Chambers, 11707 East Sprague Avenue, Suite 101. The general locations of the subject properties are as follows: PROPERTY 1 — 19223 EAST APPLEWAY Comprehensive Plan — Regional Commercial Current Zoning — UR -7, Urban residential Proposed Zoning —13 -3, Regional Business PROPERTY 2 — 10 NORTH BOLIVAR ROAD Comprehensive Plan — Regional Commercial Current Zoning — 1SR -3.5, Urban Residential Proposed Zoning —13-3, Regional Business PROPERTY 3 — 12904 EAST MAN Comprehensive Plan — Medium Density Residential Current Zoning — UR -3.5, Urban Residential Proposed Zoning — UR -12, Urban Residential PROPERTY 4 — APPLEWAY AND PARK Comprehensive Plan — Neighborhood Commercial/Regional Commercial Current Zoning — UR. -7, Urban Residential Proposed Zoning —13 -1, Neighborhood Business/B -3, Regional Business PROPERTY 5 — 8804 EAST 2 AVENUE Comprehensive Plan — Regional Commercial Current Zoning — UR -7, Urban Residential Proposed Zoning —13 -3, Regional Business PROPERTY 6 — 6910 EAST 1 AVENUE Comprehensive Plan — Regional Commercial Current Zoning — UR-22, Urban Residential Proposed Zoning —13-3, Regional Business The City Council will receive public comment on these proposed rezoning actions during the public hearing. Written comments may be submitted by 5:00 p.m. May 27, 2003 to Spokane Valley City Clerk, 11707 East Sprague Avenue, Suite 106, Spokane Valley, WA 99206. RUTI -I MULLER INTERIM CITY CLERK Administration: 5/16/2003 PARKS AND RECREATION WEEKLY REPORT 5/8/03 • Met with West Valley School District and all of its administrators to review our summer program and discuss a joint relationship regarding community activities, programs and facility use. • Met with Dave Jackman who is the Facilities Manager for Central Valley School District to discuss Future use of the Old University High School. The School board will be meeting this month and we should be receiving a response from them on this subject and others. The School District is still interested in meeting with the Council when convenient. Dave suggest Dave Merceir contact the Superintendent regarding the possibility of setting up a meeting. • Held a meeting with the architect on Center Place plans which dealt with electrical elements. We meet almost weekly on this subject and are preparing an update to be presented to council May 8, 2003. • Doug Chase and I met with Mike Ormsby to discuss finances for the Center Place project. We will continue meeting on a regular basis to make sure all aspects of this project have been covered. • Met with John Riley to review details related to the Transfer Agreement between the City of Spokane Valley and Spokane County. We have just about completed gathering all pertinent information regarding parks, water rights and other supportive documentation. John will meet with Stan Schwartz to review our work and hopefully wrap the remaining details on this matter. • Attended meeting in Spokane Commissioners office regarding the status of transfer of 240 acres of open space to the county. The commissioners wanted additional assurances from the State Land Commissioner who indicated he would provide same with the understanding the county would respond with their decision immediately. I expect we will know the commissioners decision by next week. • Met with Jayne Singleton to discuss a proposal the Museum people will be submitting for consideration which would require the use of the Opportunity Township Hall as a Museum site. Maintenance: Page 2 of 3 • Continued mowing, weed trimming, garbage collection, restroom sanitation, softball field preparations. • Performed safety inspections and maintenance on play structures. • Performed irrigation repairs. • Continue to prepar aquatic facilities for swimming season. • We continue to experience vandalism problems at Brown's Park. The police were notified of four incidents this week. • Planted 9 each 4' -6' pine trees at Balfour Park. • Made arrangements with Steve Harris to perform a risk assessment on the water system at Sullivan Park. We have had no problems to date at this site. • All picnic tables and garbage cans should be in place, if there are concerns for additional tables we still have a few at the shop. • Terrace View Roof has been cleaned. • Backflow prevention tests were performed at Valley Mission, Balfour, Terrace View, Castle, Edgecliff, Brown's, and Park Road. • Mirabeau Meadows; shelter foundation is going in, restroom pad is prepared, utilities are being installed, ground shaping is just about complete, public safety is secured, ath this point it would appear the contractor is very concerned with performing a good service. Recreation: • Continued taking registrations and fielding questions from the public regarding summer programs. • Continued organizing flyers and information in new office space for easy public access (particularly brochures and registration forms for swimming and recreation programs). • Located the appropriate people from each school district to begin discussion of a valley youth council and set a meeting with those people, our parks department, and the mayor for next week. • Located the appropriate people from each school district who coordinate student volunteer hours and community service projects — forwarded them some volunteer opportunities, and have begun to receive some student response. • Created volunteer application form, interviewed 2 volunteers, put one to work on administrative tasks, and scheduled one to assist with the early childhood program as a "Junior Leader" this summer. • Met with Con Wolff of the Western Dance Association to discuss use of the Western Dance Hall this summer, so we can coordinate our activities with dancers and our Day Camp kids /families during Wild West week. We would like the dancers involvement in square dancing — specifically youth lessons in the fall. • Set up appointment for next week with Fuzzy Buckenburger to discuss establishing a youth sosftball /baseballlt -ball league. • Began preparing training binders and training schedules for summer staff. • Received scholarship application form from Valleyfest Foundation to assist in 5/16 /2003 offering scholarships to low income families — passed this form along to one family that was going to need additional help beyond our standard scholarship through Farmers and Merchants. Senior Center: • Access program edited to facilitate speedy data entry. • Membership data input ongoing and 30% updated. Projected 100% by May 8, 2003. • Trip schedule for 6 weeks out 85% done. • Flyer posting for trips within 3 weeks. • Board of Directors approved Jaynee Koch to take Quickbooks Class in place of Board Treasurer. • Personnel problem addressed and appropriate action taken. • Computer lab sign ups going well. • Interest expressed in new activity for Square Dancing to begin in June. Needed four couples for instructor, we have received twice the interest. • Discussion underway to produce the newsletter with and increase to 16 pages and publish it with information for two months, instead of one month's info. There would be a savings in bulk mailing and give readers knowledge of programs well in advance plus more participation. • 131 ladies are signed up to attend the Mother's Day Tea and Style show on Saturday, May 10 Sears at Spokane Valley Mall is providing all the clothing. Volunteers have been in charge of planning and advertising. • Thanks to the Parks Maintenance people for responding to our need for a new flag to replace the one that was stolen. The grounds outside also look neat and inviting. • A full van (17) went to Two Rivers Casino on May 5 The first Monday of every month the Center plans a casino trip. They continue to be very popular. 5/16/2003 Page 3 of 3 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -132 DATI' ACTION IS REQUESTED: May 27, 2003 APPROVED FOR COUNCIL PACKET: ATTACHMENTS: Proposed Ordinance No. 68 City Manager DI Dept. Head As To Form Attorney Approve TITLE: EMAN Network Fiber TYPE OF ACTION: Optic Franchise X Ordinance Resolution Motion Other SUBMITTED B1': Dick Thiel and Cary P. Driskell STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: (1) Suspend the rules for two readings of this ordinance and advance Ordinance No. 68 to second reading. THEN (2) Move to Adopt Ordinance No. 68 Granting a Non - Exclusive Franchise to EMAN Networks. DISCUSSION: This non - exclusive franchise would allow EMAN Networks, a non - profit corporation, to contract with area schools to build a fiber optic network and then provide educational communication services to schools located in the City. Staff has extensively discussed the issues involved with EMAN Networks. EIiAN has agreed to reserve six strands of dark fiber for future City use. Reservation of six strands of dark fiber establishes a very good baseline for future telecommunication franchises, and should provide all the fiber capacity needed by the City into the foreseeable future. ALTERNATIVES: FISCAL IMPACT: No City fiscal impact FUNDS: SOURCE OF AMOUNT BUDGETED: AMOUNT NEEDED FOR PRO.TECT: AN ORDINANCE OF' THE CI"1'Y OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON - EXLUSIVE FRANCHISE TO EMAN NETWORKS TO CONSTRUCT, „,MAINTAIN AND OPERATE CERTAIN' AINN' F'ACIIJ 1'I.F S WITHIN "1'till 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 to its terms and conditions, is in the best interests of the public. NO \V, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, doLi ordain as follows: Section I. Definitions. For the purpose of this Ordinance, the following words and terns shall have the meaning set forth below: I. `rC'ity;tal agwr" c al rLeai the ity _ilanage.r_ot_hislhcr-designce„ 2. "day" means a tweet otir_ 24. hour eri.d he'imi a 1 a.m. If a thing or actjs tojejlo e inJe `drat _Sev- en_C7idays _intermediate 'a ri iys, Sundays and Icgal_holidays__shall be excluded ill_ the computation of time. "clay" means_a_l enty -four_ '24 hour keriocl heginniq at 12:01 a I t- 13 or act is to be_ -than sev -enI71 darn, iaterl d :te Saturdays Sundays and IeFal h shall be excluded in the cStmputtltion QL1irrle._a_ • - t _ _iistribution _� �� teni ,� stzn �R cl _ lin used eitt ulaJ pr pluralsll ilinean...ancLinclude the_poles, conductor,_ pipe , }in �l;ttcJCa�s, t 5:'1OedinanecSiLint In i' et w'urL.' Redline 05-09-03.dgc; CITY OF SPOKANE VALLEY SI'OKANI; COUNTY, WASHINGTON ORDINANCE NO. f Deleted: l ' 1 ! Deleted: , • "construction" OT J i 1 'eo ttswct" shall mean ccalstrueliltg j 1; digging, excavating, In}ing, testing, operating, extending. upgrading 1 : renewing, removing, replacing, and 11•! repairing a facility 1 1 � Formatted: Right: 0.5" i Deleted: 1 1 ( Deleted: S Deleted: "conetrnctinn' or'constn¢t" ,' shall mean constructing. digging, r 1 excavating, laying, testing, operating, extending. upgradEng, renewing, , 1e1no•ing, replacing, and repairing a 1 1 11 Insetted: 2.. "day" means a t scnty- t4 I row (24) bon period beginning at 12:0! a,m, !in thing or net is to be done in Tess than seven (7) dtrys, intt7rniediatc Saturdays. Sundays and legal holidays shall be excluded in the conputetian of time. ,14 X11 11 4 144 1 1 II •1 4 11 4 114 1 1 4 5, 1 1 41 1t44 1 y. 11 4 41, 141 1 1; It 411 I ,1441 .—__ — ; pi 414► 114 y �Formatted: Font: 1U pt 1 , Formatted: Tabs: 0.5 ", Left 11411 11 d 0,i 1 ' Deleted: 2 11 ' Ili 11411, 1 1 41 I ,h I1 4, 1 ,', 11 41 1 1 t '1 r11 11 1. Formatted: Font: 12 pt Deleted:.. "distribution system, system mai Tines' used either in the siugular of plural shall n1Xan and u • , 1 Formatted it 'b i i0 r ki Deleted :G:1C.1CityofSpokane' ` s i Lk 'AL Rdline05- 09-03.doe 1 411 hn Inserted: C:',c1xl conk lilcstem(Lj) lil � 4 ( Inserted: G?1.C1Cit "ire/ ar, Formatted 144, Q...Eg]1 �� '1 Deleted: 0:1C1City of spoi w C.. Iloj j l it %. Formatted: Font: 8 Pt 1 1, ,, „ F Deleted: G :',OCily ofSsokanc 91 ,,,� � Deleted: ,dam `` I Deleted: s i Deleted:.. "facility" used eith( _•• 1 l y � ,f'{ Formatted i ... ) ;: Deleted: 3 m " Deleted:4 nit feeders, rd IlaSf is. - eters `fisbres_— connectionS._attc ,A1 H;,� o, Ir eerted:4 attachments, ap, trfenanccs_etui al d a,pliancestle essary and a "'• /, ,,:,ii Deleted:4 InidelMitiierete,or_ift_any NA r il V,I pp)ertaining_to_thG dis!'i elf the a „' , service or product and which are_lacatc lti of wily ,;' o,' , � Deleted:. - "Hazardous subArC 116 , w H '' Formatted (... [ o ▪ ,, " Formatted 4,',',,t _ .. [ I8] J ' Deleted: 4 n;;'f Deleted: 5 +r, ' Inserted: 5 � ' 4,, 4 � Deleted: -. "maintenance, mm . w [t9-]i 4 "faciIit y'_used singuitlr___ot Iurs7lshall .mcatLara t tangible component (She transrr lissiorratldSl systentAthinlile tight ofwav or on_ puttlicjroper in cludin�, }' structures l catc_d in the - operati cf ac by t:I .rranchise The abandonment by Grantee of anv_faciIitie as defined hercin_shall_nsit_n_hig remove die same (rom_this iletlnition. y [. ____:liaurdotts . Stlhstances_sball_.t)ean aily_ .substancc_Qr_tnalerial cletut_erl_or designatO_a_J)azNsis is_ or toxic - waate,Jtazardpiis or toxic 4,, ntater, ial _ail azar IS t xi r radivacti r_e_stt ata eiLc, ,gtlter similar_te n, Y :, o by any_federal, syte qr local_cnxit:on ��tatute re gulation, or 0 — _- _ ordutance�rdecisic�n -of a statc_orJe-der_aLcutlrt o admillistrati ie_agen y :, Deleted:. "Pcnniacc dnIIn ..„ [2D] y ,resel� ltl,;in effec-t_tl_ that may be ropy muIgated in_the iitlrre, and r`; � '( ■Formatted z as suS ll�t attJleS, r eotilatiOn d_o_dl1 +7nce may_be_aulemid Qua iEg.to , � ', Deleted: + time.6, 1 ti '; Deleted:7 r "maintenance ___maiIllaining_or maintain" ShalLntean the work itl-yQlved in the _tcplas�enlent tin l�fgr repair_ aLJ aeilities; includ in" constructing,_tebyjug, repairing, replading,e.Kattl,trii g, te,Stin „inspecting, removing„ ligglnE;,_,and_t• s �': 1n.d re flllg _operations incidental thereto._ 7 Deleted: 7 0 ,;' , Deleted: _ • - } p. nuit!jy t4z.l'etlxtitti .uthctrill ' ry;' ' ” 'r • Deleted: 9 - 1 • Inserted: 9 "Permit. ' hall inc ason or enti �vtl has been rantecLa �� ;; {Deleted:8 9 _ "Pertati.ttin& Authority hall mean_ th C;ity_A1_ontt;e or dew authorized to proces� and grant_p emits required to perform w'rtrk_ln_litee r_igitts of w ay _(ieObstructiorrl?ertnitS).1 ,I.O .,diiccl'_ §hall refer to_tbe hell kink_ use p iclec3 b∎tbye cirantee. ) Inserted: 7 Deleted: 7 Deleted: .. `Pennining Aut 22 Deleted: . I 0 - e- - � Formatted (,•• [26 1 -...-L • Deleted: 9 4. L Deleted:.. "public rmrvvy y' (27L `t `, • Deleted: 9 , ++`% , Deleted: 0 t + d,,, ` Inserted:0 r' "', ` t Deleted:. I 1 .. V „` [ Formatted , 1 �` Deleted:0 d,' 1 Deleted:.. "right of Nay shat „, ( Deleted: 0 n e ,�` I & Formatted j (3 It C;'hnrec'..L:ma NU\'U71 Redline 05- 09- 03.dot; - - - - - - - - - - - - - - - - - - - 0` ,'t ' ° dina -- - ---- - - - - - - � --------- - - - - -- p` F„ ` Deleted: ! tot lalic o elty” sht_____Eallsltav -al estate_r anv facilitv_o_w_ned i�y�e Clh'. 1'� "ri'IIt of �vAV" sltttil re to the surface o_f a11cLtIIe �e alol, above. andJzelow any street, road. hikhwayJrcemay, lane. sidewalk al, lev. c- czurt, boute sal. parkway, dri%Te, Grante4 casemenh_ttnd/c,r,road right of a dove or_hereattcr_hetd or_aministt;recl 1?v rite C'i 7 0 {� Fomatted F -------- ) 2&1 g,,` Insertcd:I } , • t't Deleted o+( Deleted: 1 � � ■1,, } //',a'i 3Lt JJellii�1 ` Formatted /J ` 1 ... [33] � `r � I ... 1341; f . ( ... (3615 [37j�. � j 10 "streets" 4r "highways" shall tvean he.surf tee of mid the,sspacc, _ - {Deleted:1 A ve and help v., tiiy_pii Lie hreet, road,_allcy or hjr within_ b. City { Deleted:2 psed intendzd_toiVised.bv_ ells genel_aLpuhlic, to_the emir the City has_the ri ,'1 to allow the_Gratltee tp use Then,, r a n Section 2. Cttant_of for the tc: t_ Iranchise._ih ity of Spokane Valleysi _'., Washing_totiLtiiunicipal comoration_J here inafter ells "C ya__Itereby _i;rattts unto► EMANt blf. t n at- tor- r + r +r lion her_eitlttllstn ee" , frattclusfti r .p. h F , Formatted pet__ <�f Jett_ 1 .,34. l?e inn inf; U rt h e 1lec i tive_clatt d nance, to install c S.tCt� t a - �- - ---- t yIl II,IS U� J .Orl S� v` , Deleted: operale,_Uaintain,_replace and_use_iIJjtecessary equipment-nod facilities fhr purpost:,ZIescribed t f ,,, , en l;yhihit 4 S�'Stct -n • i�nd c, _w ; %Deleed: years, I1simtitt8on 14g] ! e l on, acro over. thlo Irih, along or belrnv d e ublic right-of- u , t , l issued�xtrsttattt lhisfranchise_ Oleteinafterthe_"Frarlchise_'), pr franchise._ r;'toeteted :. - __ ,Ssetio_ n 3. Ecc._No right-cif sla}_u &e_f_ e. shall he in,Dosed._for the remi ol this , : Formatted Nranchise. /1 t such_titue_as_a_right_of , ,vay use or flab e, fee may a irnpQ,se_d ily a_Cily, I Formatted: undeiiinc ordinance appltcalzle_to _Grantee, howeyyer the same shall bc_irnp-4,sec after sixty (6O)_day,s: ' ; '',, wrritten Ice from tha Cit I trantee An ',4 �� t]�t Q }' $UC�t fltilt Ot W'a use or'fTallil]I y'g Ina mawr ', p' ;i Deleted: ,,-, �;,�n ?i sed woulcL apply to at1 ' t 'e uent_Ir�tttchise-if_`to}, betiyeett_the_r a rxies, ■ u e'en —) Deleted: 7 1 ways located, in_thie City of a yalley`as_approved under permit i ,,,:,`Formatted Section 4, Cit'Wse 'fhe fol &in r rovision sh.tlLs 1271. e °??rdinr City' use 1. Grantee al rces-tcLgratit to the Q. ity. atno_costjo City. an indefeasi nigh! ,'+ ',;, trf use of six _(6) datkj er_sttand .sat_every Iocatio_a_aasseel l?v_Grantee.s faciIit ies....fot isle ',,, ', and exclusive milni ,al else car do n ci1 -_ S.i�tt�3tion, t- 1• itlt�cccss�to_any_12tt115IJ!l or facilit}: ',,t t tiesignatccl by fl e City.. _ Said _dark_fb_ers_hallke_resz?r��ed fur_us- e_h_�, lt_e desi ie_es_fkr goy ?r other public Lien_eftt_J2ttl se,_ PR.OVIDEL). `,`, Ilia a• S to the tiher resR ►lees ,?ranted to tht City_uncler the terinis f this provision, _the City a trees._that_i1 will not use such_ fiber a&_a for - 12ublicutilily provider of teleconitantiicition,l.ilt,Siness ser_vice_w_th_e_public. the_C.ity shall hags the riLtht- t2sccess by connectsn to the_six_diuk.fihi;r strands at any_Iocsntion elved by this Franchise. The Qty shall provide titJeast_30 days 4. Sit jte.t to Subseetionl,_tlie_designation.f either conduit or f lier_shaU be at the sole _discretion of the City Manage_, lif I I [) Grantee rnay_subniit a written request to the City._.M.tittage_caskin him /her to ad-r_isc_of_the_City election_pf conduit or (i, e,_fsr aAlecific installation or {+y�t +' Itele �upen the City Mana�r ti it r ri elk designatc_a_ch_oiee. Ir the j senc.e_ofa resps tiscfrom dtf < ty+�Vtana er. the_designatiQn sElalLtte Je_ented the fiber_aptiQn. ItUtte- rverit of expansion, upgrade. or_inajoa _ce1NILL9f, j 5;' i) rdinu> ece�`•. ImnnNrtticui4��Redline05- UU- 03. do; ____________________________________ � t� t d'I Deleted: nt this time , Inserted: 2 Deleted :. $coi4y 2 Grunt of Fmnchisc. 'Mc City ofSpoklte Vnlley, ,n a Washington municipal cotpot lion (hereittalla dtc "air), hereby grunts unto L•MA\ NETWORKS, a Wii • F46jj ... 4! Formatted: 1nde it: Left: 0.5•' Formatted: indent: Left: 0.5" Deleted: C?cpd wed: files'�Emr -] Inserted: C:\CiCity ofSpoknrt , [5311 Deleted At stroll l_ til as a righ J Deleted: foe may be imposad tj is Formatted Deleted: nt this time, Deleted: Addit j lk?atitxt 1+'rwr e. on i ce ontentto_acee s_ trans e 5 _€ Rice. — r Formatted yt� ' Deleted: C:SCSCity of Slwr:anCy1 3._ , The_ (:lily s11ai ay _all -, casts dss.QCiatesl with cQnStruCting any __Cit> ' 4 { Deleted: Redline QS•09.03.clo: connect iQt1Jo Gl1_LU , S i'ranchise_seryl. e. Th itv •hall not a_Girttnus -anl eC OP Inserted: C lTd wort files _ [5{,] J o LIrri.n,y)) puhly charge_rel.ated to use of ells Fib r opticJirtes_u1 sue iflcallv_agreed � i Inserted: C:SC'Cityofspokan f by the partiesir ilink, $' 7rmattcd - - 58 L h - �4 Deleted: G:1OCity of Spot anrt „_ [;g] %• 'rrForrnatted: Font: 8 pt ( Deleted: Cr.SCtCity of Spakmtf „. 1.60J k,':( Inserted: C:SCtCity of Spoktni ... (611 �t 'r ti Deleted: Ci:lLlCiry ofSpaGame671� lh i Deleted :.d Deleted: maintenange_pe ationS ._affeeSbg_c'onduit_insla�litio oror transmission ca acity—thc City Deleted: Madd:Menaiconsideration ,' fogy (intact placing the alistrihn1ian may_Gllatt Qt' exerciSc itt . iirni as in Irlitl`tl l l i_ lallatlon. • system within City strns, Gladder shall ,' provide the City, at aoeost, the same services offered to customers and users SeC tice_ _ _Recovery of Costs. Grantee shall be subject to all permit fees associated : u,,dcrthe Franchise. The Franchise with activities undertaken through the authority_ granted in this franchise or under ordinances of senicesprvvidedto die City shall be t used only for City pin thisc and Anil the City. Where the City incurs costs and expenses for review or inspection of activities only be made available ni City (dikes, undertaken through the authority granted in this Franchise or any ordinances relating to the )'; buildings orthcilities. The City sludlpay ' costs assc..'inted with canstmeting a subject for which a permit fee is not established, Grantee shall pay such costs and expenses t , ,', connection directly to the City. In addition to the above, Grantee shall promptly reimburse the City for any t ',', service and all costs it reasonably incurs in response to any emergency involving Grantee's facilities. t ' , Deleted: y •• 9 Section 4_ -- _w\ton- Exclusivity This Franchise is granted upon the express condition ,, Inserted: off=edto a.stametsruud uses mnder t e nand: m The Fnmchise that it shall not in any mariner prevent the City from granting other or further franchises in, `, i set vices provided to die City %hall under, on, across, over, through, along or below any right -of -ways, streets, avenues and any ' sf, owl only for City purposes end doll only be made available nt City oak., other public lands and properties of every type and description. This and other franchises shall, , r,, buildingsorfacibtic. ii,c City shall pay in no way, prevent or prohibit the City from using any of its right -of -ways, roads, streets or other ', w` costs ass°ciaud wilhccnstmctml....163j) public properties or affect its jurisdiction over them or any part of them. The City hereby retains ', Deleted: g full power to make all changes, relocations, repairs, maintenance, establishments, improvements, ', , Inserted: M ndditiaml Consideration , t for Ca-miter placing trti _ i — dedications or vacation of same as the City may deem fit, including the dedication , , ' b the diari -- establishment, maintenance, and improvement of all new right -of -ways, streets, avenues, ' Inserted: =vices thoroughfares and other public properties of every type and description. Section Z. Non- Interference with Exis[i�tt Facilities. The City shall haveprior 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 sewers, water pipes, or any other property of the City, 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,;. 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 many 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. .1Q)dintu)cesl1_ anti» rttio ll 09- 03.rlos_ ----------- ------ ---- -- -- --- - - -- it Deleted: C:teixl work fiiles: n on , Networks Redline05- 21 -03,tine : I, - Inserted: G:1C,SCityofSpou:ane Valley t, 143 ^_4lotdinastccCFrtrnchises%F,n U af( Formatted: Font: 10 pt, Do not ::: check spelling or grammar it Deleted: G:1C',CiryofSpokane Valley 1 ,5! 1 4324 Fr:mehiscsl t ar r D eleted: Redline 05.09- 03.dcw , P Inserted: C;bcpd Iir- sLL'm:m • ,,, Networks Itedlitve05- 21- 03.doc r r6 !Ii rinsetted: GACtCitya(Spa&mte Valley ' ]4324FrmtClnisrsl • ;►; Formatted: Font: 10 pt, Do not , �r check spelling or grammar r :, 143 24l St , Deleted: G:1C'Cityof Spokane Valley r `'t i Orclinaneest}'natchisesT all A ;r; Formatted: Font: S pt \ Deleted: Cd.C.`Ciryof Spokane Valley 14 ',,,' ' 32410tdiu.naoe lifraznchiseAtin ,f , Inserted: CO.CSCityof Spokane Valley 1•� 143x46gndinzncesTrmnctniirgat 4,,1 b6h ` Deleted: Gn f C6)• Spo Vafky I r 143245ordinattccs\Ftalxh ises\E q ... (69) fi ,D , nine k:,,',/, Deleted: y 1 Nothing in this Franchise shall be constnled to prevent the City from constructing facilities, grading, paving, repairing and/or 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 and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. a Deleted: dtirty • Section c2. _ _ Commencement of Construction. facilities Deleted: 3 contemplated by this Franchise jmx commence within this Ordinance, provided that such time limit shall not strike or other occurrences over which Grantee has no co Construction of the ilg ,(,90) days of the elTective date ofd apply to delays caused by acts of God, ntTDI. Section 10. Construction Standards. All facilities shall be installed in conformity with the plans and specifications filed w ith the City, except in instances in which deviation may he allowed in writing by the City Engineer pursuant to 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 per•nianent 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. I 5:1i)rdinrinree'I m3II Ne■1•(tiCs Redline 05- 0943.dot, A Deleted: s Deleted: shall Deleted: 9 i, Formatted: Font: 10 pt, Do not , , ,i check spelling or grammar , I tl Deleted: G:\CCCity ofSp akalte Valley r' r r I4324Ftacchisce1 Notwithstanding any provision herein to the contrary, any excavations and instal , :i O 4 rY Deleted: Rcvilinc 05 -09 03.doC by the Grantee. in any of the public properties within the corporate limits of the City shall be r''.'r done in accordance with such reasonable rules, regulations, resolutions, and resolutions of ,: t'd Inserted' C:>,cpd "'I ft lr_n1a. I' f, Netw Rcdhue05- 21 -03.doc general application now enacted or to be enacted by City Council, relating to excavations in r� ----- I' r'' Inserted:G:1C'.Ciry of SpokaneValley i public properties of the City, and authorized by the City Engineer. Said rules, regulations, ii 1h• t 1432.,�,chisrst authorizations, and resolutions shall he for the purposes of fulfilling the City's public trustee role *;,' Formatted: Font: 10 pt, no not in administering the primary use and purpose of public properties, and not for relieving the y,,;, check spelling or grammar Grantee of any duty, obligation, or responsibility for the competent design, construction, l Deleted :G:SCkCityofSpokancValley ' �� a 14324OOrdiittanccsSFrnnchiae maintenance, and operation of its facilities. ,Grantee is responsible for the supervision, condition, ; ;' Net.,lrrla Ream 0s-0 stElntn1 y da u . and quality of the work done, whether it is by itself or by contractors, assigns or agencies. 1 ', ' 't ' , F� — netted: Font: 8 pt Section . apecial Construction Standards. During any period of work relat to_ ; ,ti , Grantee's facilities, all surface structures and equipment, if any, shall he erected and used in such 7 places and positions within or adjacent to public right-of-ways and other public properties so as );. �, to interfere as little as possible with the free passage of vehicular and pedestrian traffic and the 10,,; 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, arid laws and regulations of the State of ft r Washington, specifically including RCW 39.04.180 for the construction of trench safety systems. �;,`,` ,r Deleted: Deleted: All of the City's actual reasonable administrative expenses directly related to its administration of public pi opcnies under this FrenItisc, shall he paid by the Citantre to the City upon in+nice. , Deleted: 0 - Deleted: C:Scpd work McMinn • Networks Redline0'. 21 - 03.doc , Inserted: G:\CSCi of Spokane Valle q tY p.' Y y 1432fl0rdinane Ptanehiscs%%Eman ' i\rawnrls kedline05- 09- 03,doc Deleted: G:SC'.City of Spokane Valley 1.13241 Ordi oanccs'rran:h iseswmnn Networks Inserted: CSC:City of Spokane Valle I it32410rdinatzmtFrsnel &e,.a5ti,nam Networks Redline 05 -09- 0140e Deleted: G:1C1City of Spokane Volley 14324\01 dittanees \P r allctiscsSEmnn Netwmks 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 unreasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect 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 1 Restoration After Construction. Grantee shall, after abandonment - .. { Deleted: I approved under Section 28 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 the condition that the same was in immediately prior to any such work. 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- Corttpliance _ Any and all datttagz, 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 ol'the City Engineer; and 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, Inay 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 10 shall be in addition to those otherwise provided by this Franchise. Section 1j. Protection of Kmuments. Before any work is e_rfo_riJ_t!n_d this Franchise which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads, and all other surveys, the Grantee shall 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 be restored pursuant to Federal standards and specifications. The replacement of all such monuments or starkers 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 I ti. _ Drainage if the work done under this Franchise interferes in any way 1 ;� :\Ortlinanc \Evian Networks Redline 03- 09.03.d0t; {Deleted:; 1' Deleted: C:'qd work filesSErn= , Networks Redlitve05- 2I.03.doc - - - ,'i Insetted: c :\C'CiryafSpokane Valtry ' ` 14324‘OrdinaneeslfrmrchisesTscan , : Networks I1 1i,CO5-09-03.doe �,[nnattcd: Fool: t0 pt, Do not tit check spelling or grammar ' 1, Deleted: G:10.City of Spokane Valley , 14324Fnuteltiscs\ ; ''��'0, Deleted: Rapine 05.04.03.cloc 1 t '' Inserted: C!lepd wort files\Eman t i ; S�Nerworts Redline 05 21.03.doc ?�q C :1C'City of Spokane Valley 1 , ;Sht� 14324Pranehisca\ r I ;''' I Formatted: Font. 10 P1. DO not ' 4.Ldteek Sperling or grammar iril + r: f Deietcd: G :\CSCity of Spoknne Volley ,yt'+ 143'd\Qttlittaaco%Fza,, hiscsltauan r " I \ Rath= 05 -094/3,tioc 0F ' , ormatted: Font: 8 pt i ' l De G:1C'.CiIy of Slxtkane Valley ', 1 43241Ordinnuces ,F,mtchiscst£mnn It: h Nencorts 1 h , Inserted: G:10,City of Spokane Valley :P1 : I 4324 0 cI ,n,,c \3Vmnah Prnan NerworksRedline05- 09.O7.slnc g ,to+� Deleted: G :\COCityofSpokane Volley i, '; �t4324 \O,dioanocs \Ffanchisestarnrtn r ; Netwmarks r66 Deleted: Aloe 1' ' C ' ' ' { Deleted: y yr with the drainage of a City right of way, 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. Section lf. Obstruction Permits Itesuuired. 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 right -of -ways, roads, streets, or other public property, hereinafter collectively referred to as the "Plans." All work within any public rights - of -way or other public property shall be pursuant to permit 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 ir)+r_luiliug1'usc.17d1ile for.the. work. During the progress of the work, Grantee shall not unnecessarily obstruct the passage or proper use of the right -of -ways. Grantee shall file as -built plans and maps with the City showing the final location of the facilities. All restoration of right -of -ways, roads, streets, storm drainage and the surface of other public property shall be in conformance with City standards, and conditions of'the permit. Secti_ o � ,Maintenance. Grantee shall provide _and _pp! 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 t, - - Emers 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 Cit> 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. : \tirdinan:c.'I rn: n NCIs\+071.s Redline 05.09d\3.(cnj_ { Deleted: 5 , J Deleted: C:kpd wort lilestEman , Networks Redline 05.21.03.doc ; Inserted: C'tepd wort; files\Emnn i Networks Redline 05 2I 03.doc r Inserted: G: \C\City of Spokane Valley t. 14324i0rdinancesTrme,j sU?oran r rr r } , + Formatted: Font: 10 pt, Do not check seal " -Ing or grammar Deleted: WC"liCity of Spoknne Valley 14324 Frm¢hises\ },r re t 4 Deleted: Redline05-09- o3,doc Inserted: G.'tt3City c Valley Qf� 'ic41 Formatted: Font: 10 pt, 0o not +t,Vt spelling or grammar r Deleted: U:SCCity o1' Spokanc Valley 1432.00rdiarncesSFrnncfiisestEman Netwmt:s Redline 05- 09- 03.dcc t f 4r Formatted: Font 8 pt Deleted: G:tC'Ch y of Spokane Valley 14324tordinnnecarnn^- hises \Emnn Networks r 1 Nctwods Redline 05 -00- 03.6)0 ■ J , 'r n Inserted: G: \C\Cicy of Spokane Valley { 4 + t 432410rdianrtocAPrslehiscraroar , Networks Redline 05- 09.03.doc �YJ De1ebed: Cl:\CSCityorSpokene Valley 1' ,` 1432.1 \Ordinances \Franchises\Finan r Networks ( Deleted: .doe \ i Deleted: 1j J Section 19. _ Emcr eney Work. In the event of any emer &ency_in_ which - ay_ of -- I Deleted: 2 Grantee's facilities break, are damaged, or if Grantee's facilities or construction areas are 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. Sectional. One-Call Svs Pursuant to RCW 19.122, Grantee is responsible for,' becoming familiar with, and understanding, the provis of Washington's One -Call statutes. Grantee shall comply with the terms and conditions set forth in the One -Call statutes. Section 2,L. - lr�spectic ns and Fees - All work_perfonned 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. Sectin 2 Safety_ _ The Grantee in accordance with applicable federal, state, and,' local safety rules and regulations, shall, at all tines, 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 he 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 2,1 Buildintz Mov Whenever any person shall have obtainedpermission 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 Pennittee desiring to move the building or structure, any of Grantee's facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is 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 2s. Dangerous Conditions - Authority of City to Al ate. Whenever 1C i dinmtceS \Cant it Net wrrks Redline 0S- C/9.03. dos; Deleted: 19 Deleted: 2 Deleted: Nothing in this Scetion or the Franchise shag be consulted to pcnhibit the City km imposing any license fee, tax or assessment upon Grantee which it i5 specifically nmhatritui by law to do so.'J Deleted: 3 It r '9 Formatted: Font: 10 pt, Do not 01, check spelling or grammar 4{4, Deleted: G:SC'.City of S valle ;''ir1 14324Ftatchises't , Deleted: Redline 05- 09- 03.do- ' + +r;11 Inserted: C:kp Ko ri; tilesU: man ' 'i Networks Redline 05 2I - 03_doc M I Inserted: ed: G:1C'City of Spokane Valley ',0:1 14324Frnnchisesl + Formatted: Font: 10 pt„ Do not r 5 �+ check spelling Or grammar V, +y' Deleted: G:1C.C;ty of Spokane Valley 1 4324',Grdietanccslf rmrh istsllimnn + � , Networks Redline 05- 09- 03.doe r r ( Formatted: rant: 8 pt r r Deleted: G:\CCity ofSpokane Valley 143241OtdinanecslFren ch i sesiIit nzrt Networks r ,4 tr o r0.y, N � r , Ie' i Deleted: G:(C'City of Spokane Valley pt.' r„ 143241ordinnnceslrrachin&1:nam, 1 Networks Deleted: ,clot Deleted: $ Dt cieted: o Deleted: 4 Deleted: C:1epd stork ftlesllimnn r � Networks Redline 05 21.03.doc r ' Inserted: G:1C'.City of Spokane valley 143 241(h diratccslFzat ch iscs1Einmt r\'ctw'otks Redline 05- 09 -03,dnc Inserted: G:1CSCityof Valley 1432440, di,san ecs51 -'r Midi) is es'SPtnnn Netwottn Redline 0S - 09 - 03.do: 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 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 inunediate action, the City may enter upon the properly 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 2j. 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 rights 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 rights 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 remove the responsibility of the Hazardous 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. r t Deleted: G:N''.Ci,y ofSpokzne Vnney r r„r I4324Fmnchiseet 1 4 1 1 Deleted: Rcdlioe Section 2 Environmental. Grantee shall comply with all environmental ro n tectio , {e `I' p • p - - Inserted: O' Lily of Spokane Volley laws, rules, recommendations, and regulations of the United States and the State of Washington, � � 14'24 Franchises i and their 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 „ t damages arising, or which may arise, or be caused hy, or result from the failure of Grantee fully , ' ' 7 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 tems of the Franchise or subsequent to its termination. Section 2§. 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 right -of -ways and the establishment and improvement thereof, freeway `•irdinancez \I rnan Netuvlarls Redline 05- (19- 03.deS - Deteteci:5 ly + Deleted: C:kpd Noa> fle:Moan 1 Networks Redline 05- 21- 03,doc 1 Inserted: C•''cpd 'ark fileslEman ' i Netw•oats Redline i t 'ti I ,) Deleted: 6 Deleted: 1 Deleted: G:\CCityofSpoknne Vnlley I43 241oadi n nrce,\Fr,.nclus % s %Lmaa tr, Net o, ks Redline 05 -09-03.don Deleted: OWCiry of Spokane Valley 1432•0.O1dinaaccsJ'mnchiseffint n Networks Inserted: G:lOCity ofSpoknee Wiley 1 43 24.ordinances%Frnn ,iscs'Ema, Netwcaks Ratline 05 -09 -0 .doe Deleted: c C'City of Spnkare Wary I43241Grdinnnceffn nchiseslr:n,ni Networks Deleted: .dc Deleted: Inserted: G:IC■City of Spokane Valley 1 43241Ordina:ce lIt nchiseallitnzn Networks Redline 05.09.03.doc Formatted: Font: 10 pt, Do not cited speCling or grammar 05- 09- 03.doc Formatted: Font: 10 pt, Do not check spelEng or grammar ,, Formatted: Font: F pt Deleted: A J Deleted: Section 71, . 53rnnlee's Mmns oast Records After construction is co np.'ete, and us a condition of this Fttuxhisc. Grantee shall provitbe to die City nt no cost, a copy of ell accurate as- b uil t plans, maps an records.i C ^cpd wort fileFinan r Deleted: Networks Redline 05- 21- 03.dcc Formatted: Font: 10 pt, Do not chec( speltng or grammar Deleted: G.'lCSCiryofSpoknne Valley 14324 Fraachisest Inserted: Cfepd untk filesSFnum Networks Ratline 05.21 - 03.doc Insertocl: G:\OCity of Spokane Valley. 14324 ',Ordinattces'1Ftmtertiscstl olo, Nctwootu Redline 05- 09- 0 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. 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 right -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 accornniodate 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 any 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, operated or 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 right of way. Such documents shall be provided within six months of the execution of said Franchise by �S:'rGrdintutccsll m n�' tiitnL�ftedGue05-09- 03.des____________________________________ r.• t, t i r, r ' ri t, 1� t, t ' r, 1 r I : i Inserted: G:tiClCity of Spok=e Valley r t S 143 24Ft iist--A I t r i P, Formatted: Font: 10 pt, ti o not check spel g or grammar l rr . y4 i i ' Deleted: Redline 05-09 -03.dac rr ', Ferniatted Pant S nt Deleted: C,r :\COCisy nfSpoGatce Valley 1432.110t disamecsWrmchtses'an= Networks RacIHn- 05 -09 -03.doe Deleted: G:iC; City of Spokane Valley I.13241OtdionttcesWntnchise sV:tnan (t a, Networks 11M 4, Wr Inserted: GfC'.CityofSpoknae Valt y 143.141.Ot tli naneesll•n,nchi.es\Eanmt \'eiwnstcs kotllinc 05- 09 -03.da %4 ' rF A.'; - r Deleted: Ci:IC'City of Spokane Valley 143 24', rdinnncccsFinachises\Email t , , Nerwotks a Deleted: ,dx Deleted: q s 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 right of way or public properties. To the extent such requests are limited to specific facilities at a given location within the Franchise arca 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. 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 "CONFIDENTIAL." each page or portion thereof of any documentation /information which it submits to the City and which it believes is exempt from public inspection 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 "CONFIDINTIAL" 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 R.CW 42.17.330. Section 31. Limitation on Future Work. In the event that the City constructs a new street or reconsmlcts 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. 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 terns 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. Section 33. 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 times to control by appropriate regulations the location, elevation, and manner of constriction and maintenance of any facilities t 5:`•.CTldinttnceK,F1 mNett�orksRcdtiws :O -(W- 03.doS -- -- °------------------ -°-°°-- - -- 1' - -- - - ° ° ---- - - - - it Deleted: C:1e1xi it files1F,maaJ Networks Redline05- 21.03.doc Formatted: Font: 10 + DO not • dtet7c spelling or grammar !, Deleted: G: 1G1City orapoko c Vuat7 14324Fnnscllisc l - j S ' l Inserted: C.''cpd work filestEmnn , , Networks Redline 05- 21.03.doe rY'J Formatted: Font: 10 pt, Do not Y,. check spelting or grammar i Si', - Insetted: G ;tC'CityafSpokane Valley ■ I4324Fmnchisest P. r i fi'ir -- j r Deleted: G;V.C,ity of Spakenc Valley + 14 ?24lfhdinnnces'iFrnncliisaTwata 4 , 4 , Networks Redline 05- 09- O3.dc. � r f i r' ' er rn ', 4 Inserted: GAC'CityofSpokoae Valley 1432.4N?rdinanoeslFrnnchiscsl) man Ncrw•nrttN Rcdlinc OS -09- 03.doc Formatted: Fent; 8 pt Deleted: G.'C FCity of Spokane Valley 143 2410rtlinnnselFranchi5mAliman NeVAtnks o Deleted: Redline 05.09•03.doe rn , Inserted: GAC\CityofSpokane, Valley o j 0 Jr 1422'l \c' i nncrces'iI'rnnchisessainan r, NctA'orks Redline O3.19- 03.doc to ' -- 14 Deleted: G:1C city of Spokane Valley 143241•Ordi oauccelFranch iseslrsmen „ • Networks �► + 1 Deteted:.doc r4 + s,J ' f Deleted: 9 1 by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. Section 34. 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 35. 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 right -of -ways 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 right -of- ways or other public property based upon the inspection or lack of inspection of work 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 indemmnification 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. in the event that Grantee refuses to accept the tender of defense in any suit or any claim, 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 19rdinan,es;l :man Netssvnl Redline 05- 09- (13.dt>_s_ - Deleted: C'cpd w ork lilt ellan Networks Redline 05 - 21 - 03 ,doe ,f Formatted: Font: 10 pt, DO net 1. check spelling or grammar ti Deleted: (i :\C'CityofSpo1:atnc Valley it I4324Fr:e,chisesl S Inserted: C:lcpd nark 61cs5hltiza l Networks RedlitneOS•_21-03.doc J J ' Formatted: Font: 10 pt, Do not 'IV deck spelling or grammar Yi Inserted: G :ILICity of Spokane Valley y r i l 1 43 24 Fnuttt,ises1 ' , t Inserted: G:\C City of Spokane Valley 'eV' I 4324 VOrditrancestPrtutthiscs''Emon V Networks Redline 05.09.03.dee ' :SC , I Deleted: c 'Cty of Spokane Valley t 1432410rdirancesTrnachisesll :mot /::I Networks Redline 05.09 -03.do; „t Formatted: Font: 8 pt tf Deleted: G ?.CSCityofSpo&ntteValley 1 14324lOrdi non =11;r -uhisn'diteaa r r Networks l';,n roeleted: 41 I/ r ,1 ' + Inserted: 0:ICtCity of Spokane Valley 1 4 324NOt di nn,tec5lFrnnebtreSdimnn Networks Redline 05.09-03.dekt + �t4h ea �tn �t r + ,rr , ,h r r a+ I + r Deleted: t� Redline 05-09 -03.due Deleted: G:1C'City ofSpokane Valley 14324 \0rdinano sU'ranchisesSF-nu, Networks Deleted: .do: expert \ Fitness 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 he 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 5, RC \V, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section 35 shall survive the expiration or termination of this Franchise agreement, for a period of three (3) years. Section 36. 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 L.iability insurance with limits no less than SI,000,000 Cornbined Single Limit per accident for bodily injury and property damage, Such liability+ insurance shall onlv.be_requir Granme_for vAliciAs owped._Qr c__e2tttcol Grantee Anv esntatwarlicesli2y G ran te_Q_t 1�1Zerform l*clr in the performance of this_franchis_e_shall be required to obtain auto insural,�„ce as stated in dins, subsectiiZn; and 2. Commercial General Liability insurance written on an occurrence basis with limits no Tess than 51,000,000 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. Recognising the terra of this Franchise, the City Council may unilaterally adjust the insurance 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 :k)tdinnneas \Ethan Net'w i s Redline 05.09d13.d i - -------------------------------- Deleted: C:'cpd work liteskEmaa Networks Redline- 05- 21- 03.doa i t Formatted: Font: 10 pt, Do not q check spelling or grammar rr 4,' Deleted: G:ICity of Spokane Valley 1i I4324Ftanchiscst Inserted: CMpd work tilestEmnn y1 Network oe Redline 05- 21- 03.d Formatted: Font: 10 pt, Do not t1 check spelling or grammar _ y n ∎ Inserted: C:ICtay of Spokme Valley t PI', 14324Fraochiss\ t } r'} ,�+ Inserted: G:ICICity of Spokane Valley V I 1 1432410rdintuteesTraaeltises \Ewan V Networks Redline 05.04 -0; doe r, S i Deleted: G:1C\City of Spo&wv Valley I d 324UkdinnaceiTranehiges\l:man A, Nensotrs Aniline 05 -09- 03.doc 't I t: , t , ■5 4 4 t. r r: o [Deleted: Redline 05- 09- 03.doc rY ',re+ ;0(1.1 'r( +, Y 1 +r N 1 ' Deleted: 03CICity of Spokane Valley i � + ; 1 143_24\(hdsnazrcest ranchises \Prom ,, , Networks Deleted: G:'C,lCity of Spokane welly 1432410 1dinwxesTraneltisrs\En,ao Networks Inserted: (i:1C'CityofSpokane Valley 1432 410rdinanossWrsrtchi ses',Emzn Nsrworks Raili, c05 -09- 03.doc tY a Deleted: Deleted: S 3 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, ret:ttrn 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 37. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this Franchise, Grantee,_or a1X parties Grantee _contracts wiig2 performJaborin_the_perfor ia.uto 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 38. 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 39. 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 hereatier 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 40. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this Franchise, or through willful or unreasonable negligence tails 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 t S 2.91dinmteescEmau Netww: Redline A5- 09 -03.dor, - - - - - - - - - - - - - - - - - - - - - - - - - - , - - B Deleted: C'eint v. oat: liles\Enian Nctwo is Redline 05- 21- 03,do: Formatted: Font: 10 pt, Do not check spelling or gramma/ Inserted: C' id wort Pk3V:nwn Networks Redline 05 21 - 03.doc Deleted: G:1C%CityofSpokane Valley 14324Frwxhises1 r V y Formatted: Font: 10 pt, Do not V 1'rA check spelEng or grammar 11, Inserted: G:1C\City of Sprivie Valley Y i 14324Frznchirm', Insetted: GACCity of Spetiane Valley r r ' 143241 m :in Cadces'Freachisesl1nm, Ne etksRedline05 -09 -03.doe 1'Jr Deleted: G'CtiCiry of spoknne Volley 1,r t432410zd At inaocc aochiscs\E,nmi i l,, Networks Redline 0S -09 -03,dnc t J 1r; ( Formatted: Front: 8 pt rr+ y,r I, 1r4 _ Deleted: Itedli,e03-09 -03.doe ' r r 7 Inserted: G:OCityofSpokane Valley 14324101 dinai,ecslF, michiscst&oa t Networks kodtino0549-03.doc Deleted: (i3ClCity of Spokane Valley l43241o,dinaner n Nemnrks .1::.':1 1Ir0 ri ,re +r ko Deleted: 0:1Ckeity orS Valic or" 'I l43' riism,ces�Fiwtdhiscs\Einw1 , • Nenvnoi:s r 1 , l DCIcted:.doc r , , l' ' 1 Deleted:1 1 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 41. 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 he 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 42. Costs of Publication. The cost of the preliminary and /or final publication of this Ordinance and/or its Ordinance Summary shall be borne by Grantee. Section 43. 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 thereat 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 44. Survival. All of the provisions, conditions and requirements of Sections: 5, 11 24, 25, 34 and 48 of this Franchise shall be in 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 all 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 45. Scverability. 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. Section 46. Renewal. Application for extension or renewal of the term of this Franchise shall be made no sooner than one year before expiration thereof. In 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 Cite.. 1 �S:tOrdinuacee113mati Nctmnt s Redline 05- 09- 03.doy I5 Deleted: C °cpd wtvk filcamnn Nclwoa1s Redline 05- 21- 03.doo Formatted: Font: 10 pt, Do not it check spelling or grammar Deleted: G:1C'Cicy of Spokane Valley 14324Frn, hisen1 !i Inserted: CMpd wort: lila'tE,nan I Nerworks Redline 05.21.03.do: tiro Formatted: Fort: to pt, Do not 1 ,1:fa check slelltng or grammar ii Inserted: Inserted: G:YC'.C of Spokane. Valley fI It 14324Frsnchisesl - ---, Y f{i{t Inserted: G:SC'Ciry of Spokane ' illcy l 14324 1Ordinnncee,Fra -IChises' man r,I, Networks Redline 05 -09-03 -doe h ili Deleted: G \CTity of Spoi;nne Valley 1432.1kOrtlin:n oesA renehiseas Iran Networks Redline 05-09-03 Aloe 404 1N 4 fro r, p r, Formatted: Font: 8 pt Networks Redline 05- 09- 03.dec I, I ,' Deleted: 0:.Clt:ity of Spokane Vaiky. ,ra 143 2410rdinance55FrmlchiseslF,m,m 4o, { Nemorks t iyr n ( Deleted: R�1tin -_ OS-09A3.doc Inserted: G:\ClCity ofSpotane Vnlley 1432. Ordimmlccs1Francrliscs'Emaa ;r4 i Deleted: C.1C'.City of Spokane Valley 14 324',Ordiumlces'IFIme'hiscs\E,,ao i4 f , , Networks I r. r . Deleted: .40c. rf Deleted: ,i r Section 47. 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 11707 E. Sprague Spokane Valley, WA 99206 With a Copy to: ,City of Spokane V_alkly 'ublic Works r)irectgr, l_t 70.ZG.�. rt ttc Llag ne Vplley WA.9y206 Grantee: EMAN Networks Arol:_l:,dJacobs Difeast_Nee et' Puyallup, WA 9837j, Section 48. 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 49. 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 neglect. Section 50. 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. Section 51. 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. PASSED by the City Council this day of May, 2003. 1 ii :\Orditlttxi cs'E tan Net■\ulks Retilinc 05.09-03.des Mayor, Michael DeVleming 16 - Deleted: Ruth Nlol3er • • ti Inserted: G: CtiCityof Valley 14324\Ot ditutcesSFt tmctiscslEnatt { Nenvorks Redline 05 -09.03,dnc Formatted: Font: 10 pt, Do rot 'check spelling or grammar Deleted: G:SCSCity of Spokane Valley t+t 14324Fmeellius. 1 Deleted: Redline 05- 09 -03.dc ,i Inserted: C ?qtd weak lite<U?; m n ;; NttwotksRcdliuc05 21 - 03 - dx 4r Inserted: G:SC'.ciiy ofSpokanc Valley crt I4324Frrncltise,\ t, if t: Formatted: Font: 10 pt, 130 not e \ check spel :ing or grammar ):4/ ' Deleted: GACCity of Spokane Valley t Deleted: Stanley Schwartz Deleted: 422 W. Ri•uude Suit 1100 Deleted: I Deleted: WithcrWron, Kdlcy. uaventucdr & P.S. Deleted: Spokane, WA 99201 Formatted: Indent: Left: 1" -t Deleted: 250933n1 Ave S.E. Deleted: 4 Deleted: C"cpd work files'iEmnn Networks Redline 05.21.03,tlttc t 5F [Formatted: Font: 8 pt r tr r � Deleted: GSCOCityufSpokane Valley 14324 \thtlittancesSFreich iscsSlirn= Networks Inserted: Gk ) ;\OCityofSped;nre Vall_ry I 1432JnGnc n:es5Fronchises'anien J + Networks Redline 05 -09-03.dac h s Deleted: G:SCICity of Spot: ate Volley ph , + 14324 \Ordittenecs\Frnnd,isesTmnn �+ + Nctwud5:s t r { Deleted: .doe Deleted:1 �, ATTEST: Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: :1t7idirinn; lGltian Net;S+nirls Redline O - Deleted• Cetepd wort filcsll'itnm Networks R=Hine05- 2I- 03,doc t Formatted: Font: 10 pt, Do not check spelling or grammar r r r Deleted: G:SCCity of Spokane Valley l 14324Ft and iscsl i 4 Inserted: C :1cpd wait Iile:A:titat lr Networts Redline 05- 2I.03,dnc y Formatted: Foni: 10 pt, Do not VI check spelling or grammar „(Inserted: G:10.City of Spokane Volley y id 14324Fnmelliseet r y J /�r t i Deleted: G:SCCity of Spokane. VuIIcy ¢, I rr { 1452410rdinonees1FmnehisesTF ,nwa p r ,a; NcllvulsRetllir- 05 -051 -03,doc 7r ii tr+ 124 r4 +n ,tit ri n Deleted: kaltitr OS -09 -03.da: u +' tt o o r Deleted: G :',CtC:ity of Spokane Vaiky ' I 432 459tdinatccssFtateltisesll:tnat per or r + Networks r DCICtCd:.dce ' Deleted: q r Inserted: G:1OCity of Spokane Valley 1 4.2450n dintanccstFr ateltiscsltjttan Networks Rapine 0549-013,doc Formatted: Font: 8 pt Deleted: G:1QCity of Spokane Volley 1432410nGnances1Frnnchi sts5$rnan \'ctworl:s Inserted: G:1OCity of Spokane Valley 14324 damn ccslF to atiseSEtnat Networks R edlinc 05- 09- 03•doc. Page 1: [1] Deleted rmuller 5/22/2003 5:07 PM "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 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. Page 1: [2] Formatted cdriskell Normal, Justified, Indent: Left: 0.5 ", Hanging: 0.5 ", Right: 0" Page 1: [3] Deleted rmuller C:\cpd work filcsll3tnan Networks Redline 05- 21 03.doc Page 1: [4] Inserted Laurie Eveland GSG\City of Spokane Valley 143241 Ordinances \Franchises \Frnan Net%sorls Redline 05 -09 -03.dac Page 1: [5] Formatted cdriskell Font: 10 pt, Do not check spelling or grammar Page 1: [6] Deleted cdriskell G:1CICity of Spokane Valley 14324Franchiscs1 Page 1: [7] Inserted cdriskell C:\cpd work files\Eman Networks Redline 05 21 03.doc Page 1: [8] Inserted John Eilertsen G:\C\City of Spokane Valley 14324Franchises1 Page 1: [9] Formatted rmuller Font: 10 pt, 1)o not check. spelling or grammar Page 1: [10] Deleted cdriskell G:1C\City of Spokane Valley 143241Otdirurnces \Franchises\Eman Networks Redline 05 -09 -03.doe Page 1: [11] Deleted cdriskell G:10City of Spokane Valley I43241OrdinanccsUianchises\Eman Networks Page 1: [12] Inserted Laurie Eveland G:1C1City of Spokane Valley 1432410rdinances \Frmchises\Etuan Networks Redline 05 -09- 03.dnc Page 1: [13] Deleted rmuller G:1ClCity of Spokane Valley 143241 Ord in :inces \FratckiseslEman Nctworks Page 2: [14] Deleted Page 2: [15] Formatted cdriskell Body Text, Left, Indent: Left: 0 ", First line: 0 ", Tabs: 0.5 ", Left 5/22/2003 5:07 PM 5/22/2003 5:07 PM 5/9/2003 9:17 AM 5/21/2003 10:34 AM 5/21/2003 8:40 AM 5/21/2003 10:34 AM 5/9/2003 11:20 AM 5/22/2003 5:07 PM 5/21/2003 8:40 AM 5/21/2003 8:40 AM 5/9/2003 9:17 AM 5/16/2003 12:49 PM rmuller 5/22/2003 5:07 PM "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. 5/22/2003 5:07 PM Page 2: [16] Deleted rmuller 5/22/2003 5:07 PM "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. Page 2: [17] Formatted indent: Left: 0.5 ", Hanging: 0.5" Page 2: [18] Formatted Tabs: Not at 0.5" cdriskell cdriskell 5/22/2003 5:07 PM 5/22/2003 5:07 PM Page 2: [19] Deleted rmuller 5/22/2003 5:07 PM " 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. Page 2: [20] Deleted rmuller 5/22/2003 5:07 PM "Pcrmittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. Page 2: [21] Formatted cdriskell Indent: Left: 0 ", First line: 0 ", Tabs: Not at 0.5" Page 2: [22] Deleted rmuller 5/22/2003 5:07 PM "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). Page 2: [23] Deleted Page 2: [24] Formatted Font: Not Bold Page 2: [26] Formatted Indent: Left: 0.5" Page 2: [28] Formatted Tabs: 0.5 ", Left 5/22/2003 5:07 PM rmuller 5/22/2003 5:07 PM "product" shall refer to the item, thing or use provided by the Grantee. Page 2: [25] Formatted Indent: Left: 0.5", .Hanging: 0.5" cdriskell 5/22/2003 5:07 PM cdriskell 5/22/2003 5:07 PM cdriskell 5/22/2003 5:07 PM Page 2: [27] Deleted rmuller 5/22/2003 5:07 PM "public property" shall mean any real estate or any facility owned by the City. cdriskell 5/22/2003 5:07 PM Page 2: [29] Deleted rmuller 5/22/2003 5:07 PM "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. cdriskell Page 2: [30] Formatted Font: Not Bold, Not Italic Page 2: [31] Deleted rmuller 5/22/2003 5:07 PM "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City 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. Page 2: [32] Formatted Font: Bold, Italic cdriskell Page 2: [33] Formatted cdriskell Indent: Left: 0 ", First line: 0 ", Tabs: Not at 0.5" Page 1: [34] Deleted rmuller C:\cpd work files \Eman Networks Redline 05 21 03.doc Page 1: [35] Insetted Laurie Eveland G:1C1City or Spokane Valley 14324\ Ord inanoes\Franchisesll3 man Networks Redline 05 -09- 03.doc Page 1: [36] Formatted cdriskell Font: 10 pt, Do not check. spelling or grammar Page 1: [37] Deleted cdriskell G:\CICity of Spokane Valley 143241°ranchises1 Page 1: [38] Inserted cdriskell C:\cpd work files \Eman Networks Redline 05 21 03.doc Page 1: [39] Inserted John Eilertsen G:1C\City of Spokane Valley 14324Franchises1 Page 1: [40] Formatted rmuller Font: 10 pt, Do not check spelling or grammar Page 1: [41] Deleted cdriskell G:1C\City of Spokane Valley 1432410rdinancesl ranchiscsleman Networks Redline 05-09 -03.doc cdriskell Page 1: [42] Formatted Font: 8 pt Page 1: [43] Deleted cdriskell G:10City of Spokane Valley 1432410rdinances \Fnmchises\Ernan Networks Page 1: [44] Inserted Laurie Eveland G:1C\City ofSpoknne Valley 1432410rdinarrccs \FranchiscslEman Networks Redline 05 -09- 03.doc Page 1: [45] Deleted rmuller G:1 C\City of Spokane Valley I432410rdinanccs \Franchises\ =rrtan Networks 5/22/2003 5:07 PM 5/22/2003 5:07 PM 5/22/2003 5:07 PM 5/22/2003 5:07 PM 5/9/2003 9:17 AM 5/21/2003 10:34 AM 5/21/2003 8:40 AM 5/21/2003 10:34 AM 5/9/2003 11:20 AM 5/22/2003 5:07 PM 5/21/2003 8:40 AM 5/22/2003 5:07 PM 5/21/2003 8:40 AM 5/9/2003 9:17 AM 5/16/2003 12:49 PM Page 3: [46] Deleted rmuller 5/22/2003 5:07 PM Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City ") hereby grants unto OMAN NETWORKS, a Washington not -for- profit corporation ( hereinafter "Grantee "), a franchise for a period of Page 3: [47] Formatted cdriskell 5/22/2003 5:07 PM Indent: Left: 0.5 ", Hanging: 0.5 ", Right: 0.5 ", Tabs: 0.5 ", Left + 1", Left + 1.5 ", Left + 2", Left + 2.5 ", Left + 3", Left + 3.5", Left + 4 ", Left + 4.5 ", Left + 5", Left + 5.5", Left + 6 ", Left Page 3: [48] Deleted rmuller 5/22/2003 5:07 PM years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities :for purposes described on Exhibit A, system, in, under, on, across, over, through, along or below the public right -of -ways and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "Franchise "). Page 3: [49] Deleted rmuller 3. Fee. No right -of -way use fee shall be imposed Page 3: [50] Deleted rmuller At such time as a right -of -way use Page 3: [51] Deleted rmuller 5/22/2003 5:07 PM :fee may be imposed by a City ordinance, applicable to Grantee, however, the same shall be imposed after sixty (60) days' written notice from the City to the Grantee. Page 1: [52) Deleted rmuller C:\cpd work tilesh~ man Networks Redline 05 21 03.doc Page 1: [53] Inserted Laurie Eveland G:IC'City of Spokane Valley 143241 Ord in till ccsWrimchiseskErnan Networks Redline 05 -09- 03.doc Page 1: [54] Formatted cdriskell Font: 10 pt, I)o not check spelling or grammar Page 1: [55] Deleted cdriskell G:1C\City of Spokane Valley 1 Page 1: [56] Inserted cdriskell C:lcpd work IlleslEman Networks Redline 05 21 03.doc Page 1: [57] Inserted John Eilertsen G:\C \City of Spokane Valley 14324Franchises1 Page 1: [58] Formatted rmuller t "ont: 10 pt, Do not check spelling or grammar Page 1: [60] Deleted cdriskell G:ICICity of Spokane Valley 1432410rdinances \Franchises\Eman Networks Page 1: [59] Deleted cdriskell GAC\City of Spokane Valley I432410rdintnces \FranchisesIIF,m.rn Networks Redline 05- 09- 03.doc Page 1: [61] Inserted Laurie Eveland G:1C1City of Spokane Valley i 432410rdinances1Franchiscs\Eman Networks Redline 05- 09- 03.doc Page 1: [62] Deleted rmuller G:1C\City of Valley 143241Orclinances\Franchises\I ina t Networks 5/22/2003 5:07 PM 5/22/2003 5:07 PM 5/22/2003 5:07 PM 5/9/2003 9:17 AM 5/21/2003 10:34 AM 5/21/2003 8:40 AM 5/21/2003 10:34 AM 5/9/2003 11:20 AM 5/22/2003 5:07 PM 5/21/2003 8:40 AM 5/21/2003 8:40 AM 5/9/2003 9:17 AM 5/16/2003 12:49 PM Page 4: [63] Inserted Laurie Eveland 5/9/2003 9:08 AM offered to customers and users under the. Franchise. The Franchise services provided to the City shall be used only for City purposes and shall only be made available at City offices, buildings or facilities. The City shall pay costs associated with constructing a connection to Grantee's Franchise service. Page 4: [64] Inserted Laurie Eveland 5/9/2003 9:08 AM As additional consideration for Grantee placing the distribution system within City streets, Grantee shall provide the City, at no cost, the same Page 1: [65] Inserted Laurie Eveland G:ICCity of Spokane Valley 143241Ordinances \FrtnchiseS\Emrn Networks Redline 05- 09- 03.doc Page 1: [66] Deleted cdriskell G:1C\City of Spokane Valley 143241Ordinances\Franchises \E 3man Networks Redline 05 -09 -03.doc Page 1: [67] Deleted cdriskell GACICity of Spokane Valley 143241©rdinanccs\Franchises\Eman Networks Page 1: [68] Inserted Laurie Eveland G:1C1CityofSpokane Valley I432410rdinances\Franchises\Eman Net co rks Redline 05 -09 -03.doc Page 1: [69] Deleted rmuller G:1CICity of Spokane Valley 143241Ordinances \Ptanchise;\Eman Networks 5/9/2003 9:17 AM 5/21/2003 8:40 AM 5/21/2003 8:40 AM 5/9/2003 9:17 AM 5/16/2003 12:49 PM SUBMITTED BY: Interim Building Official FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEI)E1) FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -134 DATE ACTION IS TITLE: Amended Master Fee TYPE OF ACTION: REQUESTED: Schedule May 27, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form ATTACHMENTS: (1) Proposed Resolution No. 03- 021 A -2 (2) May 7, 2003 letter to local builders associations Ordinance X Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Resolution No. 03 -021 A -2, including Exhibit A -1, Exhibit A -2, and Exhibit B. DISCUSSION: As the City has been working with the fee schedule adopted on March 6, 2003, it became evident that some of the fees established may not be similar to those fees previously charged. Staff has researched fees charged by Spokane County and City of Spokane for comparable permits and services and developed an amended fee schedule that is attached to this proposed resolution. Exhibit A -1 establishes fees based on direct comparison to those charged by neighboring ,jurisdictions. Exhibit A -2 establishes fees that staff may need to further amend as more information is obtained about fees charged by other jurisdictions. ALTERNATIVES: Retain the fee schedule that is presently in use as adopted by Resolution No. 03 -021 and amending Resolution No. 03 -021 A -1. A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, APPROVING A SECOND AMENDMENT TO THE MASTER IEEE SCHEDULE OF THE CITY. WHEREAS, the Spokane Valley City Council adopted Resolution No. 03 -02 on March 6, 2003 and amended the same through Resolution 03- 021 -A -1 on April 1, 2003; WHEREAS, it is the general policy of the City to establish permit fees that are reflective of the cost of services provided by the City; and WHEREAS, it is necessary to amend Resolution 03 -021 in order to modify the City Fee Schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Fee Schedule. For the purpose of setting fees for services and permits within the City, the City Council hereby adopts the Master Fee Schedule(s) which is attached hereto as Exhibit "A -1 ", Exhibit "A -2 ", and Exhibit "13" as if fully set forth herein. Section 2. Repeal. To the extent that previous fee schedules are inconsistent with those set forth herein, they are repealed. Section 3. adoption. ATTEST: Adopted this day of May 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz S: \Resulution5 \Resolution No. 03-021 A -2, fcc schedule amend.doc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03- 021 -A -2 Effective Date. This Resolution shall be in full force and effective upon City of Spokane Valley Mayor Michael DeVleming Spokane • Ualley May 7, 2003 Associated General Contractors - Inland Northwest 4935 East Trent Avenue Spokane, \VA 99212 Associated Builders and Contractors 1404 North Thor Court Spokane, WA 99202 Spokane Honie Builders Association Attention: Mark Richard 5813 East 4' Avenue Spokane, WA 99212 Re: Spokane galley Fee Schedule Ruth Muller Interim City Clerk Cc: David Mercier, City Manager Bob Ely, Interim Building Official 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206 (509) 921 -1000 ' Fax (509) 921 -1008 • cityhall @spokanevalley.org At the direction of the Spokane Valley City Council, City staff is reviewing the fee schedule for permits and services that was adopted on March 6, 2003. Attached is a working draft of proposed revisions to this fee schedule that we are sending for your review. If you have any questions or comments, please contact the City Interim Building Official, Bob Ely, telephone: 509 -921 -1000, Ext. 104, or in writing at the above address. The City Council will review the proposed revisions at the Tuesday, May 20, 2003 study session, with action on the amending resolution currently scheduled for the regular Council meeting of May 27, 2003. TOTAL VALUATION FEE Si to $500 $23.50 S501 to $2,000 $23.50 for the first $500 plus 53.05 for each additional $100, or fraction thereof, to and including $2,000 $2,001 to $25,000 $6925 for the first 52,000 plus 514 for each additional $1,000, or fraction thereof, to and including $25,000 5391.25 for the first $25,000 plus 510.10 for each additional $1,000, or fraction thereof, to and including 550,000 $25,001 to 550,000 550,001 to 5100,000 5643.75 for the first $50,000 plus 57 for each additional $1,000, or fraction thereof, to and including $ 100,000 5100,001 to 5500,000 5993.75 for the first $100,000 plus 55.60 for each additional $1,000, or fraction thereof, to and including $500,000 S500,001 to $1,000,000 $3,233.75 for the first 5500,000 plus 54.75 for each additional 51,000, or fraction thereof, to and including 51,000,000 51,000,000 and up $5,608.75 for the first 51,000,000 plus 53.15 for each additional $1,000, or fraction thereof City of SPOKANE VALLEY EXHIBIT A. -1. FOR RESOLUTION 03 -021 MASTER FEE SCHEDULE FOR BUILDING & FIRE CODES, AND DEPARTMENTS OF PUBLIC WORKS, PLANNING, PARKS AND RECREATION, /kND :il:Th1:IN1STRATTON. Fees for permits and services will he set by this resolution for the City of Spokane Valley All fees are to he collected and listed on the finance department receipt under the proper BARS code number so that each fee can be accounted for. ********** * * * * * * * * * * * * * * * * * * * * *** **** * *:* * * * * * * * ** * * * * * * * * ** * * ** ** * ** BUILDING CODE *************************************** ** * ** * ** ** * * * * * * * * * * * * * * * * * ** ** 1. Building Permit fees for each project is set by the following fee schedule and item 2 below. FEE EXF1.1131r A -1 revised 5 -22 -03 1030 hours 1 2. The above table is to be used to determine the building permit fees and plans check fees based on the 1. B. C. O. Valuation Modifier for this part of the country. THIS .MODIFIER FIGURE IS FOR SEfl' FEES ONLY AND NOT TO DETERMINE THE EXACT VALUE OF TFIE BUILDING. This modifier is revised and published every April by the International Conference of Building Officials and used by the City. The modifier of 1.0 is to be used. The WSBCC fee will apply and is not refundable. Except: The categories listed below in the ICBO valuation modifier are changed to read as follows: a. Private garages (Wood frame) b. Private garages (Masonry) c. Pole Buildings d. Open carport, decks, porches e. Sheds under 200 square feet Apartment Houses and dwellings in the ICBO valuation modifier will use the AVERAGE cost per square foot. Minimum basic building permit fee $35.00 3. PLANS REVIEW FEES are to be collected at the time of receiving the application for pen if the plans review fee is over $50.00. If the plans review fee is under $50.00 it can be collected at the time of permit issuance. This fee is to be 65% of the cost of the basic building permit fee as set by the Building Code and the City of Spokane Valley for all building occupancies except Group R -3 and Group U. Plans review fees are not refundable, except under certain conditions set by the Building Official. (See Operating Policy # 29 and Section 107.3 of the U.B.C.) This fee is in addition to the full basic fee. The WSBCC fee is to be collected at this time. If a set of plans already checked and approved is resubmitted by the owner or his / her agent, an hourly rate of $47.00 wi.11 be applied for the re- review. Other plans review fees are as follows: Group R -3 Occupancies (single family under 7,999 sq.ft.) Group R -3 Occupancies (over 5 ; 000 sq. ft) Group U -1 and U -2 Occupancies (sheds — barns- etc) Temporary tent or structure 4. THE BUILDING CODE FEES are collected at the time of the issuance of the building permit. Other fees are also to be collected at the time of the issuing of the building permit. (i.e.; fire department fees not already collected, plumbing and mechanical code fees, planning fees public works fees, and fees in lieu, etc.) Each department for whom the fee is collected is to advise the permit specialist of fees due. ADDITIONAL PLANS CHECK FEES MA1' BE ASSESSED IF CONSIDERABLE CHANGES OR REVISIONS NEED TO BE MADE TV THE PLANS PRIOR TO APPROVAL FEL'E HII31TA -1 revised 5-22-03 1030 hours 2 $ 19.00 sq. ft_ 522.00 sq. ft. 519.00 sq. ft. 515.00 sq. ft 545.00. 40% of permit fee 65% of permit fee 25% of permit fee 25% of pennit fee 5. Early Start Agreements (Foundations) 6. Temporary Certificate of Occupancy 7. Fast Track Permits S. Hourly rate set for City Employees SIGN FEES 1. Fees collected for a sign permit and a plans check fee for signs erected in accordance with the Uniform Sign Code. The below fee plus the WSBCC fee of. $4.50. Signs mounted on buildings S45.00 Sign and pole mounting S65.00 PLUMBING CODE 1. The fees outlined below are to be collected at the time of issuing a plumbing permit. If the plumbing is included in the Building Permit the unit costs are to be added but not the basic permit fee. A. Basic fee for issuing each permit $ 35.00 Basic for each supplemental permit $ 7.50 B. Unit fees (in addition to the basic fee) 1. For each plumbing fixture on a trap ( including garbage disposals, dish washers back flow device, drainage, hot tubs, built in water softener, water closets, lavatories, sinks, drains, etc) $ 6.00 2. Private sewage disposal system $ 20.00 3. Water heater, each $ 6.00 4. Industrial waste pretreatment interceptor including its trap and vent, except kitchen type grease interceptors functioning as fixture traps. . $ 15.00 5. Repair or alteration of water piping, drainage or vent piping, each fixture $ 6.00 6. Lawn sprinkler system on any one meter including backflow protection devices, each S 25.00 7. For atmospheric type vacuum breaker each $ 6.00 8. Backt]ow protective device other than atmospheric type vacuum breakers, each $ 6.00 9. Medical Gas, per outlet $ 6.00 10. Interceptors, each $ 6.00 MECHANICAL CODE 1. The fees outlined below will be used and collected at the time of issuing a mechanical permit. if the mechanical is included m the Building Permit the unit costs are to be added but not the basic permit fee. FEE EX Finn A -I revised 5 -22 -03 1030 hours 3 25% of Building Permit Fee $ 50.00 Not Allowed $ 47.00 A. Basic Fee for issuing a permit $ 35.00 Basic fee for each supplemental permit $ 7.50 B. Unit fee (in addition to the basic fee) Refer to the Uniform Mechanical fee list (Table 1 -A) for explanation of each Category. Furnaces & suspended heaters - Installation or relocation up to and including 100,000 btu $ 12.00 over 100,000 btu $ 15.00 Duct work system $ 10.00 Heat pump & air conditioner - 0 to 3 tons $ 12.00 3 to 15 tons $ 20.00 over 15 to 30 tons S 25.00 over 30 to 50 tons $ 35.00 over 50 tons $ 60.00 Gas water heater $ 10.00 Gas piping system Each outlet $ 1.00 Gas log, fireplace, and gas insert installation $ 10.00 Appliance vents installation- relocation - Replacement $ 10.00 each Repairs or Additions - of appliance controlled by the UMC. $ 15.00 Boilers, Compressors, and Absorption systems 3 hp - 100,000 btu or less $ • 12.00 3 to 15 hp - 100.000 to 500,000 btu $ 20.00 15 - 30 hp - 500,000 to 1,000,000 btu $ 25.00 over 30 hp - 1,000,000 to 1,750,000 btu $ 35.00 over 50 hp - over 1,750,000 btu $ 60.00 Air Handlers Each unit up to 10,000 cfrn, including ducts See UMC for exception S 12.00 Each unit over 10,000 cfrn $ 1 5.00 Evaporative Coolers (other than portable) $ 10.00 Ventilation and exhaust Each fan connected to a single duct $ 10.00 Each ventilation system $ 12.00 Each hood served by mechanical exhaust $ 12.00 Incinerators Installation or relocation of residential S 19.00 Installation or relocation of commercial $ 22.00 Appliances, each $ 10.00 Unlisted appliances under 400,000 btu $ 50.00 Over 400,000 btu $100.00 Hood; type 1 $ 50.00 Type 1I $ 10.00 FEE EXHIBIT A -1 revised 5 -22 -03 1030 hours 4 Residential Remodel / Addition New Single Family Tenant Improvement 0 to 10,000 square feet 10,001 and up Multi - Family per. building New Commercial and industrial FEE EXHIBIT A -I revised 5 -22.03 1039 hours P Storage tank. Wood or Pellet stove insert Wood stove system — free standing 5 $ 10.00 $ 10.00 $ 25.00 ENERGY CODE Energy Code Plans check fee is also established to check to meet the requirements of RCW 51-1.1 «'AC. These are in addition to the Building Code Fees. If City inspectors are assigned to verify Energy Plans the following fees will be invoked. If an outside energy inspector is required that fee will be determined by the outside agency. $ -0- $ -0- $ 35.00 $ 45.00 60.00 $ 90.00 W.S.B.C.C. SURCHARGE A flat fee of $4.50 will be collected on each permit for approved plans or any other permit that is issued in accordance with the Uniform Building Code. EXCEPT: For multi - family projects the fee is 54.50 for the first living unit and 52.00 for each additional unit. This fee is to be forwarded to the Washington State Building Code Council on a quarterly basis by the Finance Department. DEMOLITION PERMIT Single Family Residence $ 44.00 * Commercial buildings $125.00 * + $20. for garage or out buildings + $10. for each septic or underground flammable tanks. See :Fire Department fee schedule for removal of flammable liquids tank (s). MISCELLANEOUS FEES For City personnel 1. A) Hourly rate for miscellaneous inspections $47.00 per hour Hourly rate for miscellaneous plans check $47.00 per hour Hourly rate for permit specialist $42.00 per hour Hourly rate for planners $47.00 per hour B) Overtime charges for: 1) Plans checker. 1 1/2 times their 2) Inspector regular rate 3) Permit Specialist 4) Planners 2. See Fee Exhibit A -2 3. Delete C Hourly fees for contracted services will be according to the contract rate. D) hourly rate for special called inspections. $47.00 4. Mobile home location permit and inspection 1. Temporary mobile home S 60.00 2. Manufactured home inspection per section $ 50.00 plus basement fee. 5. House Moving A) Class 1, II and Ill Moving Permit S 60.00 Inspection fee S 60.00 * * Plus $47.00 per hour after the first hour and $.50 per mile if the building to be moved into the City is outside the Ci Class IV - If already permitted by the County or Spokane City $ -0- 6. Minimum Housing Inspection fee S 55.00 * * Plus $47.00 per hour after the first hour. 7. Work on any housing or building without a permit A) See section 107.5.2 of the U. 13. C. ( Which says "An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then issued or subsequently issued. The minimum investigation fee shall be the same as the minimum fee set forth in table 1-A." This then doubles the building permit fee.) 1. An investigative inspection fee 8. Special inspections (requested by owner or tenant). A) Fire, wind, mud slide or flood damage $ 60.00 B) Mini Day Care $ 60.00 C) Nursing Homes, hospitals, et al $ 60.00 * * Plus $ 47.00 per hour after the first hour D) Special Occupancies S 60.00 9. Excess inspections created by contractor for a given project created by the developer of contractor.. Per Inspection $ 47.00 Reinspections - residential / commercial $ 47.00 10. Condominium conversion plans review and inspection fee: This fee will be based on the value of the conversion and the U.B.C. valuations FEE EXHIBIT A -1 revised 5 -22 -03 1030 hours 6 S 55.00 1.1 Temporary tents, canopies, and air supported structures A) Plans check fee B) Basic permit fee 12. Enclosing of an existing deck or patio. A) Basic permit fee (The valuation of the project with the minimum valuation of $3,000. to be used ) :13) 40 of the basic fee for plans examination. $ 13.00 $ 60.00 13. Swimming pools (Over. 5,000 gallons) Basic fee $ 50.00 Plus plumbing fees 1.4. Reroof Permit Value of project 15. Change of Use permit $47.00 16. Unusual structures such as towers, elevated tanks, antennas. Value of project GRADING A) The descriptions outlined in Table 33 -A and Table 33 -B of the U. B. C. Appendix Chapter 33 will be used for both permit and review fees. Permit Fees 50 Cubic Yards or less S 20.00 51 to 100 Cu. Yd. S 20.00 101 to 1.000 Cu. Yd For the first 100 Cu. Yd S 20.00 Plus $7. for each additional 100 Cu. Yd. 1,001 to 10,000 Cu. Yd. For the first 1,001 Cu. Yds. $ 83.00 Plus $ 6. for each additional 1,000 Cu. Yd. 10,001 to 100,000 Cu. Yd. For the first 10,000 Cu. Yds. $147.00 :Plus $ 15. for each additional 10,000 Cu. Yds. 100,001 to 200,000 Cu. Yds. For the l 100,000 C. Y. $368.00 Plus $ 15. for each additional 100,000 Cu. Yds. 200,000 or more Cu. Yds. For the 1 200,000 yds. S503.00 Plus $15.00 for each additional 200,000 Cu. Yds. Plans Checking Fees 50 Cubic Yards or less No Fee 51 to 100 Cu. Yds. $ 12.00 101 to 1,000 Cu. Yds. $ 20.00 1,001 to 10,000 Cu. Yds. $ 25.00 10,001 to 100,000 Cu..Yds. For first 10,000 Cu. Yds. $ 25.00 Plus $ 7.00 for each additional 10,000 Cu. Yds. 100.001 to 200,000 Cu. Yds. $ 98.00 FEE EXHIBIT A -I revised 5 -22 433 1030 hours B) Land Clearing only - (without earth being moved) $ 65.00 FEE EXHIBIT A -1 revisal 5- 22-03 1030 hours Plus S6.00 for each additional 100,000 Cu. Yds. 200.001 Cu. Yds or more $158.00 8 ************************************ k**** *:t * * * * * * * * * * *f. * ** * * * * * * * * * *** FIRE CODE FEES ************* f.*************************** * * * *;h * * * * ** * ** * **** * * * * * * * * * ** 1. Fees for fire code permits will be in accordance with attachment B, if deemed to be required by the Fire Marshal and / or the Building Official. 2. False Alarm fees In concurrence with the Uniform Fire Code amendment the following fees are set for repeated malfunctioning false alarms in a given six month period. l alarm no charge 2 alarm $ 30.00 3rd alarm $ 70.00 4th alarm $ 120.00 5 alarm Require a hued fire watch 3. Fireworks Public Displays $100.00 # # Max. per RCW 70.77 This city Resolution also requires a performance bond or cash deposit of $500.00 for clean up purposes and a liability insurance policy of $1,000,000.00. 4. Plans check and review fees by the Bureau of Fire Prevention. (if conducted) A. Plans check and inspection fee for new commercial S 40.00 projects not mentioned elsewhere. 13. Fire Watch Service (three hours minimum) $1.40.00 Plus hourly thereafter C. Hourly fee for after hour inspections, plans review, consultations for projects that do not require a permit, and other special services. Time and a half of the hourly rate D. Hourly rate $ 47.00 5. Plans check and review fees, inspections, and permit for installation of separate fire alarm system or sprinkler system applications, and other fire protection systems. A. Commercial — Fire alarm systems 1. Permit, plans check and Inspection Based on value B. Fire alarm systems - residential 1. All zones 2. Permit Fee Sprinkler systems Tenant Improvements -less than 10 heads -11 or more heads FEE EXHIBIT A -I revised 5-22-03 1030 lows 9 S 40.00 S 35.00 $ 65.00 $ 85.00 New systerns 1. _ Commercial a, Plans check, inspection &. permit 2. Residential - each riser plus each plug or head D, Fire extinguishing system: (other than sprinklers) 1. Fire extinguishing system plus each nozzle F. Standpipe installation: Class I and Class Ii Class III Power generators installation: FEE EXH'IIBIT A -1 revLced 5 -22 -03 1030 hquni 1 Based on value 60.00 $ 1.10 50.00 . 1.54 $ 58.00 $ 70.00 F. Fire Pump Installation.: $ 55,00 $ 55.00 H. Flammable and combustible liquids storage tanks installation: 1. Underground, 1st tank 55.00 plus each additional tank on same site 35.50 2. Above ground tank $ 55.00 plus each additional tank on the s.ne site $ 35.00 3. Annual permit fee for storage $ 30.00 T. Hazardous materials storage tanks installation: 1. Less than 500 gallons - each $ 75.00 2. 540 - 1,193 gallons each $104.00 3_ ].,200 gallons or more $147.00 a. Ligue6ed petroleum tanks: installation 1. Less than 500 gallons $ 84.00 2. 500 - 9,999 gallons $104.00 3. 10,004 gallons orrore $147.00 K. Gaseous oxygen systems installation: 1. Less than 6,000 cubic feet S 78,00 2. 6 - 11,999 cubic feet 90.00 3. 12,000 cubic feet or more $ L. Nitrous systems installation: . 95.40 1. plus each outlet 12.00 M. Medical gas systems installation: 1. Gaseous system $ 90.00 plus each outlet $ 12.00 2. Liquefied system $ 95.00 plus each outlet $ 12.00 N. Hazardous material recycling system installation: 1. 110 gallons or less per day capacity S 95.00 2. More than 110 gallons per day capacity 5117.00 O. Vapor recovery system installation: (per tank) 1. Phase 1- tank truck and tank $ 90.00 2. Phase 11- vehicle fueled and tank $115.00 P. Cryogenic tank i.nstallation: (1st tank) $ 95.00 Each additional tank on same site $ 35.00 Q. Removal. or abandonment, or any combination thereof, of flammable or combustible liquid storage tanks: 1. First tank (commercial) $ 84.00 2. Each additional tank on the same site (commercial) $ 47.50 3. Contractors permit for removal or abandonment of residential under- ground fuel tanks $ 75.00 R. Fire Department fee for inspections and follow up. For initial inspection plans check and follow up inspections as called for in the Fire Code the fire department will be paid 65% of the fee collected for the permit. This payment will be paid quarterly. S. Annual fire department fees 'for permits to maintain, store, use or handle materials or conduct a process which produce conditions hazardous to life and property are listed in attachment A of the Building Department Operating Policy number 23 and listed in the Uniform Fire Code. The categories listed may or may not require a permit depending on the determination of the Building Official or the Fire Marshal. FEE EXHIBIT A -1 revised 5 -22 -03 1030 hours 1 1. PUBLIC ORKS ******* 4c* * *it* * * * * * * * * *** * * * * ,(* * * * * *.* * * ** 1. Hourly rate (See Fee Exhibit A -2 2- Public Right of Way. (Sec Fee Exhibit A -2) 3. Traffic Impact fees 'Not available 4. Storm Water system review fees $250.00 Plus $50.00 per hour for engineering and field Inspection based on actual time. 5. Water and sewer fees Will require a certificate of availability for water and sewer F.rorn water and sewer purveyors. May require a city street use 'Permit. 6. Flood Platys Permit $30.00 7, SPECIAL I SP1 TTON : A. Field monitoring or inspections of grading non residential sites. a- Commercial, rnultif€ roily, and multi lot sates — Four hour minimum $200.00 plus hourly b. Industrial or mineral industrial sites 5225.00 plus hourly 13.. Conditional Use permi .200-00 Pius inspection fee C. Variances Hourly rate .D, Shoreline permits $250.00 phis hourly 7. Site engineering review — for road design, drainage, erosion, sedimentation control, right of way improvements, etc, A. COMM ercial construction $250,00 plus hourly Rate after 5 hours. 13. Residential construction S150,00 plus hourly Rate after 3 hours Subdivisions, short divisions and planned unit Developments, right of way use and grading and clearing Permits ( including alteration or vacation of final short Plats and plats)- Hourly rate 1 EE EXHIBIT A -] rcviserk -22-03 1030 hours 12 COMMUNITY DEVELOPMENT *************************** * ** ** * * ******* ** ** *** ** *** * ** * * * * ** * * * * * * * * ** CAT ORY 1. Subdivisions (See Fee Exhibit A -2) * Certificate of exemption * Zero lot line 2. SEPA checklist (See Fee :Exhibit A -2) Shoreline * Substantial Development Permit $ 800.00 * Conditional use $ 800.00 * Variance S 800.00 (The above three permit applications may be consolidated. If multiple permit applications are made, the applicant will be charged the full fee for the application with the highest fce and 50% of the established fee for each of the other applications) : Appeal — local $ 100.00 4. Administrative interpretation • Appeal of decision $ 250.00 5. Appeals of. Hearing Examiners findings $ 300.00 6. Binding site plan $1,500.00 7. Binding site plan modification $ 1,300.00 * Change of Conditions $ 650.00 S. Combining district $1,000.00 9. Comprehensive plan amendment $1,500.00 10.. Conditional Use permit $ 500.00 11. Lot line adjustment $ 100.00 12. Lot line elimination $ 100.00 13. Plan Unit development (See Fee Exhibit A -2) 14. Pre application conference ( Fee Exhibit A -2) FEE EXHIBIT A -1 revised 5-22-03 1030 hours 13 $ 95.00 $ 100.00 + $ 10. /lot 15. Signs Review of permanent sign 150.00 Review of temporary sign 75.00 16, Home occupation permit $ 300.00 17. Temporary use 0 to 30 days 100.00 31 to 90 days 250.00 18, Variances Administrative S 300.00 Single family residence S 300.00 Signs and all others 750.00 19. Zoning trrap amendrients (rezone) $1,500.00 20 Zoning and Subdivision code text change 500.00 1. Site plait review General layout Landscaping Off street parking FEE EXHIBIT A-1 revi_qul 5 -22 -03 /030 h furs NON PPL1 T1ON FEES 2. Environnneotal. Impact Statement (See Pee Exhibit A-2) 250.00 3. Code enforcement violation approval to Hearing Exatniner .. 250.00 14 AJ LYL.I IS'I.R1 'JON 1. Copy fees a. Copies of audio tapes, video tapes, photos, maps, or other records needing Eepi-oductio b. Copies of written records $ 00.15 per page c. Copies of annual budget 10.00 e, Copies of full documents may be purchased from Kinko's 2. Other fees a_ NSF check. $ 25.00 b. Use of Public Property; permit for 3. Franchise fees (If any) ' € . Natural Gas b. Telephone c. Cable company cl, Disposal company 4. Impact fees (If any) a. Sewer late coiner fees b_ Roads c. Schools FEE EYH]BTT A- 1 revLtieir S -22 -43 1034 hours 15 At cost * * ** * * * * * *.k* ****3 *It** ** ** *** ** * * * ** 1 * *'** *** ** *** * ** * * ** **** ** ********** LARKS AND RECREATION O. Basic Administrative Fees to be considered when applying rates Administrative Fee Refuse Fee Picnic Shelter (= 200 people) Picnic shelter ( 200 plus people) Refundable deposit ( <200) Refundable deposit (200 +) 3. Mirabeau Small shelter and waterfall Mirabeau Meadows Shelter (<200 people) Mirabeau Meadows Shelter (200+ People) Refundable deposit (<200 people) Refundable le deposit (200+ people) 4. Field Use youth — no lights youth — lights adu]ts — no lights adults — ]igbts League use 5. Aquatics Reservation (< 50) Food Fee Reservation (50 to 100) Food Fee Reservation. (1.01. to 150) Food Fee FEE Exr -H8LT .4 -1 rc;iscd 5 -22.03 1030 hours 16 $ 30.00 $ 50.00 $ 30.00 * $ 150.00 $ 50.00 250.00 2. Events $150.00 Non-Profit applications • $ 80.00 or Free with sponsorship ** Applications for Joint sponsorship with the City of Spokane Valley will be considered by the Spokane Valley Parks Department $154. (4 hours) 80.00 $150.00 $ 50.00 $250,00 ** ** ** Poo] Admission (age 5 +) S 1,00 Pool Admission (under 5) Free Pool punch pass (25 swims) $24.04 Weekend family discount (one child under 13 free with paying adult) $100.00 per hour (min 2 hr) $25.00 $125.00 per hour (din 2 hrs) $50.00 $150,04 per hour (Min 2 hrs) $75.00 6. Photography Family still and video No family and non commercial still and video Commercial still (except weddings and graduations) Short commercial video Motion picture and film 7. Indoor use 8. Recreation classes 9.. Trips Open gym admission Indoor playground Program admission Admission to open carnivals / events Admission to dances Room rentals Gym rentals — practice, games Gym rentals — events, dances Rental of Western Dance Hall Seniors, teens, etc different each trip * Includes administrative fee ($30.), reiiise fee ($50.), additional staff preparation and /or additional tables Subject to revisitation as we acquire more data on the use of our facilities. FEE EXHIBIT A - rcviscd 5 -22 -03 1030 hours 17 ** ** ** S 2.00 S 20.00 S 0.00 ** $10./hour, min.3 hours ** $l5./hour, min 2 hours * *$100.00 per hr. Now Handled by WDH different each Session 4 City of Spokane Valley :EX1ERIT A -2 FOR RESO 03 -021 MASTER FEE SCHEDULE FOR BUILDING & FIRE. CODES, AND DEPARTMENTS OF PUBLIC WORKS, PLANNING, PARKS ANT) RECREATION, AND ADMINISTRATION. MISCELLANEOUS FEES Fees for permits and services will be set by this resolution for the City of Spokane Valley All fees are to be collected and listed on a finance department receipt under the proper BARS code number so that each fee can be accounted for. BUILDING DEPARTMENT 2 Pre- appl.icat.ion - Building Department — If called for by the applicant. ( This is separate from the Planning pre - application meeting ) Fees for pre - application review and evaluation: Group 1. Small, simple and easy to administer applications Including residential mechanical, registered plans, extensions, and .Basic accessories and residential revisions: $61.00 Group 2. Applications more complex that group 1, including Already built construction, fire service permits, accessories to Residence, shell modifications, commercial mechanical, signs, Additions, mobile homes, and other applications not included in groups 1 and 3: Group 3. Applications more complex that groups 1 and 2, Including new residences, small non building permits, com- mercial tenant improvements and revisions, permits issued "subject to field inspection" and agricultural building: Group 4. Applications more complex and difficult than the other groups, including small and large conuuercial new commercial buildings, multiple family buildings, large building structures or other permits with complex processing such as commercial site plans: If called for by the Building Department for City benefit: FEE EXHIBIT A-2 5 -22 -03 1035 HOURS $80.00 $1.00.00 $14.00 N/C COMMUNITY DEVELOPMENT 1. Subdivisions ^ Tentative plat ^ Preliminary plat ^ Final plat ^ Short plat 2 -4 lots ^ Short plat 5 -9 lots Tentative plat Preliminary plat Final Plat Short plat appeal A Plat modification Regular plat Short plat NON APPLICATION FEES FEE EXHIBIT A -2 5 -22 -03 1035 HOURS 2 $250.00 S2,000.00 + $25. per lot $1,000.00 + $10. per lot $500.00 $250.00 $1,000.00 + $25.00 per lot $ $00.00 + $10. per lot $200.00 $650.00 $265.00 2. SEPA checklist For a single dwelling (when required) $100.00 ^ For all other developments $300.00 ^ Appeal of SEPA determination $250.00 13. Plan Unit Development ^ PUD tentative plan $250.00 • PUD plan $1,500.00 + S25. per lot ^ PUD modification Minor $250.00 Major $750.00 14. Pre application conference $ 61.00 2. Environmental Impact Statement — one time cost $2,000.00 ^ If contracted out by applicant — Total cost to be born by applicant. ^ One time cost is for staff review of consultant's work. t � a :k** k*** ** *** *'k*** * * * * * * *** ********* * * ** * ***t**** *.k ***** ****x'31 ** * **.** * ****** ** PUBLIC WORKS 1. Hourly Rate $50.00 . Public light of day. a. Obstruction Permit S16_00 Plus review & inspection. fee at hourly rate b. Utility bight of Way permit $16.00 Plus review &. inspection fee at hourly rate c. Approach Permit $25,00 Plus review & inspection fee at hourly rate d. Cash certi Feed check. or bond for right of way cleaning $1,000.00 PEA E?X]3]13IT -2 5 -22 -03 1035 HOURS 3 City of SPOKANIC VALLEY EXIMIT B ANNUAL FIRE CODE FEES FOR MATERIALS DEFINED BY THE FIRE CODE FOR PERMITS TO MAINTAIN, STORE, USE O.R.HANDLE MATERIALS OR CONDUCT PROCESSES WHICH PRODUCE CONDITIONS HAZARDOUS TO LIFE AND PROPERTY. .Attachment A to the fee schedule adopted by the City Council of the City of Spokane Valley, Resolution 03 -021 No permit or fee shall be required for the use of candles in ceremonies by non- profit organizations. (State RCM The following categories of operations may or may not require 0 permit depending on the determination of the Building Official or the Fire Marshal. Section 105 of the Uniform Fire Code requires permits for the following numbered operations. Many of the items are not conducted in Spokane Valley, some are covered by another agency or another code, and some are a rare occurrence . The rest should be maintained in this exhibit. Annual Fee, Installation fee or each Occasion fee as noted 1. Aerosol Products (in excess of 500 pounds) S 35.00 annual 2. Aircraft Refueling Vehicles S 95.00 void 3. Aircraft Repair hanger $105.00 void 4. Asbestos removal $ 85.00 void 5. Automobile wrecking yard $ 35.00 annual 6. Battery systems using lead acid batteries $ 35.00 annual 7. Bowling pin or alley refinishing $ 45.00 occurrence 8. Carnivals and fairs 545.00 occurrence 9. Cellulose nitrate film handling and storage (in excess of 25 pounds) $45.00 void 10. Combustible fiber storage (in excess of 100 cubic feet) $ 35.00 annual 1 1 . Combustible material storage 535.00 annual S -VFEEb 5 -19 -03 ( in excess of 2,500 cubic feet) 12. Compressed gases (in excess of table 105 -A) $35.00 annual 13. Commercial rubbish - handling operation $ 90.00 void 14. Cryogens (in excess of table 105-B) $ 70.00 installation 15. Dry cleaning plants using hazardous solvents $ 45.00 annual 16. Dust Producing operations $ 45.00 annual 17. Explosives or blasting agents (use of) Yearly fee $ 95.00 OR each occasion $ 35.00 18. Fireworks (see Main fee schedule) $100.00 occurrence 19. Flammable or combustible liquids $ 45.00 annual a. residential fuel tanks $ 20.00 void 20. Fruit ripening 21. Fumigation or thermal insecticidal fogging. 22. Hazardous materials 23. High piles combustible storage 24. Hot work operations (welding and cutting) On construction site 29.. Mall, covered (certain uses) (i.e.; open flame use, display booths ) 30. Organic coating manufacture 31. Ovens; industrial baking or drying S -VFEEb 5 -19 -03 $124.00 void $ 45.00 occurrence $ 45.00 annual $ 45.00 annual $ 35.00 annual $ 30.00 25. Liquefied petroleum gases - commercial $ 35.00 annual 26. Liquid or gas fueled vehicles or equipment in assembly areas $ 35.00 plus 810 per vehicle occurrence 27. Lumber yards $ 35.00 annual 28. Magnesium working (in excess of. 10 pounds per day) $ 40.00 annual $ 45.00 occurrence S 90.00 installation S 75.00 installation • • 32. Parade Floats N / A 33. Places of assembly - commercial S 35.00 occurrence non- profit -0- 34. Pyrotechnical special effects material $ 70.00 occurrence 35. Radioactive materials $ 70.00 annual 36. Refrigeration equipment (regulated by article 63) $ 35.00 void 37 Rifle Ranges $ 40.00 annual 38. Repair Garages S 35.00 annual 39. Sprayi.ng or dipping $ 70.00 annual 40. Special reinspection fee for any permit $ 47.00 41. Temporary membrane structures, tents, or canopies (less than 90 days) $ 45.00 void (91 to 120 days) $ 85.00 void 43. Tire storage (in excess of 1,000 cubic feet) $ 40.00 annual S -VFEI b 5 -19 -03 3 of 3 O.F SPOKANE VALLEY 'EST FOR COUNCIL ACTION Agenda Bill No. 'd03 — /,,93 DATE ACTION IS TIaLE: REQUESTED: APPROVED FOR COUNCIL PACKET: Resolution City Manager Motion Dept. Head Other Attorney Approve As To Form io - n n 7 Al a p /9 men 4 rnl5 ATTACH M.ENTS : Fv Orcp�- na✓►�e N a. 5 A -? TYPE OF ACTION: X Ordinance SUBMITTED BY: Greg McCormick STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt the six rezones as proposed on the attached ordinance to implement changes made to the comprehensive plan map prior to incorporation. DISCUSSION: On March 25, 2003 the Spokane County Board of Commissioners adopted several Comprehensive Plan Map amendments. Six of those changes affected properties within the corporate boundaries of the City of Spokane Valley. Spokane Valley adopted the county's comprehensive plan on March 27, 2003 as the city's interim plan. The proposed rezones will implement the comprehensive plan amendments and result in consistency between the comprehensive plan map and zoning on the subject properties. ALTERNATIVES: Council could choose not to adopt the implementing zoning and require properties to apply for rezones on an individual basis. FISCAL IMPACT: None. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: Proposed administrative draft — C. Drikkell May 23, 2003 Draft 2 CITY OF SPOKANE VALLEY, WASHINGTON GTON ORDINANCE. NO. 54 A -1 AN AMENDMENT 10 ORDNANCE E 54 OF THE CITY OF SPOKANE VALLEY, WASHINGTON, RELATING TO THE INTERIM ZONING MAP(S) OF THE cm. Vr.HEREAS, The City of Spokane Valley, Washington adopted .interior Zoning Code Map(s) of the City through the adoption of City of Spokane Valley Ordinance 'No, 54; and W-IE[&EAS, the City of Spokane Valley slated its intent to review and modify its own Growth Management Act (COMA) compliant Zoning Map(s) following adoption of Ordinance 54; WI- IEREAS, this amendment to the Interim Zoning Map(s) is consistent with a review and modiEica[ion o:f"the City's interim Zoning Map(s); and Plan. WHEREAS, this amendment is consistent with the City's Interim Comprehensive . NOW, .1' -1ERE1 ORE THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DO ORD JN AS FOLLOWS: SECTION 1 Zoninm Map(s'_ Pursuant to RCW 35.21 _ ] 80 and 35A.14.140 the City adopted by reference the. Spokane County Zoning Map(s) dated March 22, 2002, as presently constituted or hereinafter amended, as the Interim Zoning Maps) of the City of Spokane Valley. ECTION 2 Amendment. The Interim Zoning ap(s) is hereby amended as follows: A. That property commonly knorn ats 19223 East Appleway; Comprehensive Plan designation: Regional Commercial; Current Zoning designation: UR -7, Urban Residential; New Zoning designation: B -3, Regional Business; See map of the affected property, _Attachment 1. B. That property commonly kno'.vn as 10 North Bolivar Road; Comprehensive .Plan designation: Regional Commercial; Current Zoning designation: 1JR -3.5, Urban Residential; 1 Proposed administrative draft — C. Driskell May 23, 2003 Draft 2 New Zoning designation: B -3, Regional Business; See map of the affected property, Attachment 2. C. That property commonly known as 12904 East Main; Comprehensive Plan designation: Medium Density Residential; Current Zoning designation: UR -3.5, Urban Residential; New Zoning designation: UR -12 Urban Residential; See map of the affected property, Attachment 3. D. That property commonly known as the Southeast corner Appleway and Park Road; Comprehensive Plan designation: Neighborhood Commercial /Regional Commercial; Current Zoning designation: UR 7, Urban Residential; brew Zoning designation: 13-1, Neighborhood Business /B -3 Regional Business; See map of the affected property, Attachment 4. E. That property commonly knowi as 8804 East 2" Avenue; Comprehensive Plan designation: Regional Commercial; Current Zoning designation: UR -7, Urban Residential; New Zoning designation: B -3, Regional Business; See map of the affected property, Attachment 5. F. That property commonly known as 6910 East 1st Avenue; Comprehensive Plan designation: R.egional Commercial; Current Zoning designation: UR -22 Urban Residential; New Zoning designation: 13-3, Regional Business; Sec map of the affected property, Attachment 6. SECTION 3 Map — Copies on File. The City Clerk is to maintain one copy on file of the amended interim Zoning Map(s) adopted by this ordinance. SECTION 4 Liability. The express intent is that responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety and welfare of the general public and are not intended to protect any particular class of individuals or organizations. SECTION 5 Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 2 Proposed administrative draft — C. Driskell May 23, 2003 Draft 2 SECTION 6 Effective Date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of May, 2003. Interim City Clerk, Ruth Muller Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of publication: Effective date: Mayor, Michael DeVleniina 3 Attachment 1 Attachment 2 45143M8: 514 Attachment 3 i51519ia `61 % 94. Attachment 4 Attachment 5 Attachment 6 City of Spokane Valley Implement Zoning for Comprehensive Plan Amendments County Comprehensive Plan Amendments - O County Adopted Comp Plan Amendments - March 25, 2003 ❑ City Adopted Comp Plan and Zoning - March 27, 2003 ❑ County did not Implement Zoning for Adopted Amendments O Proposing Zoning Map Changes to Implement Comp Plan Amendments Location ❑ 19223 E. Appleway ❑ Bolivar &Sprague ❑ 12904 E. Main ❑ Appleway & Park ❑ 8804 E. 2 (Appleway) ❑ 6910 E. 1St (Appleway) ❑ Appleway & Sergeant Proposed Zoning Map Changes Comp Plan /Zoning ❑ R.C. B -3 ❑ R.C. - B -3 ❑ MDR - UR -12 ❑. N.C./R.C. - B -1 & B -3 ❑ R.C. - B -3 ❑ R.C. - B -3 a R.C. - B -3 19223 E. Appleway Location: North side of Appleway at 19223 E. Appleway. Recommendation: Change Zoning Map to B -3, to implement the Regional Commercial Comp Plan designation. iii711111 J117TLIi$, 11771DET1. 1177C17F1111101D i7S 11371bitj. 1511300! • 171' . I 1. JI J tt t F.1141 DNa AO DTI} 11pDi) P .1611.1 1i1131 p7 711Anii 1711ffi i .. ." . P."1111 11 1 717r. 1711501_ 014 tiV • R2 • 1lu27 710 DD �C> ] V T w 171311 .� J!?11 i," V 1, ; ' , 11371A113 � "73 it 1 1 • • +IBMS f 1711. 1321 c ni , . �► T ; $ l. I .. {. , 7111 7� Is - .. -. WI. 11, 1 , .i 1: 11, 19223 E. Appleway Location: North side of Appleway at 19223 E. Appleway. Recommendation: Change Zoning Map to B -3, to implement the Regional Commercial Comp Plan designation. 4 . 43. l i c ♦wi? o . ) 43 01l 6 43.56 d4 143,E 4 143.76 44343::3 4-7124151 14 1.0) ;143.53 45]43238 314. 43143.279 411S !31,435080 439331 j— +A 439)n 115343.9 " 45183.4085 n 3?.• : Sk 13.2'3 543.231 '4131.0; 432 13 43E41 1#1919 .` 433.51 p31,9E) 333191? Bolivar and Sprague Avenue Location: 10 North Bolivar (on the corner of Sprague Avenue). Recommendation: Change Zoning Map to B -3, to implement the Regional Commercial Comp Plan designation. 12904 East Main Location: South side of Main, west of McDonald Road. Recommendation: Change Zoning Map to UR -12, the implement the Medium Density Residential Comp Plan designation. ;111 d} ;4.5151 ii1$;p 1 • Ik , .irk :: ul57si�'. i ip I11.914a I1eu»2• • 12 u191S:19 ik 111919r17' • Appleway and Park Location: East of Park Road on north and south side of Appleway Recommendation: Change Zoning Map to B-3 north of Appleway and B -1 south of Appleway to implement Regional Commercial and Neighborhood Commercial Comprehensive Plan designations. (4,144 u It111' spiti • IH>6 • 1 x:111 1 11 11 _ 1,411 .s1 pil I U VII II ;.s W'fIW H 111111i : /I,I 11( •iit• f its :Ytry c u. A 11: • >l/I,IIC MOH( .lio1' I�I.11 1:11 • ,".Old • 11 t,1. 8804 East 2 " (Appleway) Location: South side of Appleway, east of Sargeant Recommendation: Change Zoning Map to B -3 to implement Regional Commercial Comp Plan designation. 6910 East 1 (Appleway) Location: South side of Appleway, east of. Bradley. Recommendation: Change Zoning Map to B -3 to implement Regional Commercial Comprehensive Plan designation. SUBMITTED BY: Cary P. Driskell AL"l'ERNATIVES: FISCAL IMPACT: Anticipated to be staff time only. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. . ± - /3/ DATE ACTION IS TITLE: AN ORDINANCE OF TYPE OF ACTION: REQUESTED: May 27, 2003 THE CITY OF SPOKANE VALLEY, WASHINGTON, REGULATING TFW X Ordinance APPROVED FOR STORAGE OF JUNK COUNCIL PACKET: VEHICLES ON PRIVATE Resolution PROPERTY City Manager Motion ATTACHMENTS: Dept. Head prordsecO na.rce Other /uo 6'7 Attorney Approve As To Form STAFF RECOMMENDS COUNCIL i%1AKE A MOTION TO: Move to advance Ordinance No. 67 to second reading. DISCUSSION: This ordinance is designed to develop an effective process to abate the many junk vehicles in Spokane Valley. In conjunction with the ordinance, staff is working on a cost effective implementation program with local tow operators. The Council will be presented with a Tow Operator's ordinance in the near future that will help implement the abatement program. Good progress is being made with the tow operators. Proposed administrative draft — C. Driskell May 22, 2003 Draft 4 CITY OF SPOKANE VALLEY, WASHINGTON ORDINANCE_.. NO. t ww AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REGULATING TO THE STORAGE OF JUNK VEHICLES ON PRIVATE PROPERTY. WHEREAS, The City of Spokane Valley, Washington has adopted a Zoning Code to regulate the orderly development of the City of Spokane Valley; and W H.EREAS, there currently exists within the City a large number of private properties where junk and/or inoperable vehicles are being permanently stored in violation of existing Zoning Code provisions; WHEREAS, the storage of unlicensed and inoperable motor vehicles on private property creates a public nuisance and interferes with the reasonable use and enjoyment of property; WHEREAS, violations of the Zoning Code pose a threat to the health, welfare and safety of the citizens of the City, and the City desires to address this problem; WHEREAS, enforcement of the Zoning Code is within the police powers of the City of Spokane Valley, Washington; and WHEREAS the City finds and declares that it is in the best interest of the residents and inhabitants of the City to remove junk vehicles as public nuisances, and provide for their abatement through due process. NOW, THEREFORE, THE CITY COUNCIL OF THE CiTY OF SPOKANE VALLEY, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The City recognizes the benefit and enjoyment individuals receive from the repair and rehabilitation of old or inoperable vehicles. It is, however, the purpose and intent of this ordinance to provide for the removal of junk vehicles from private property that create. an attractive nuisance and negative aesthetic impact upon property and the community. 1 Proposed administrative draft — C. Driskell May 22, 2003 Draft 4 SECTION 2 — Definitions. A. "City" means the City of Spokane Valley, Washington. 13. "Code Enforcement Officer" means a regular or specially commissioned officer so designated by the Director of Community Development for the City. C. "Director" means the City Manager or designee, who is anticipated to be Director of Community Development for the City. D. "1- leaving Examiner" means the hearing examiner for the City. E. "Impound" for the purposes of this ordinance means to take and hold a vehicle in legal custody. F. "Inoperable" means incapable of being operated legally on a public highway, including but not Limited to, not having a valid, current registration plate or current certificate of registration. 0. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: 1. Is three years old or older; 2. is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. H. "Person(s) responsible for a violation" means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and 3. The legal owner. I. "Vehicle" for the purposes of this ordinance includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is 2 Proposed administrative draft — C. Driskell May 22, 2003 Draft 4 or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. SE.CTiON 3 — Abatement and removal of junk vehicles from private property. Except as provided in Section 4, all junk vehicles placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this ordinance. SECTION 4 — Exceptions. This ordinance does not apply to: A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 13. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions of RCW 46.80.130; C. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include havinR u. to one ".arts" vehicle from which arts are bein salvai ed concurrent with the repair process for the vehicle being excepted from compliance in this subsection. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within thirty days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within thirty days prior to issuance of the. notice of violation. Under no circumstance shall any Rood faith efforts of repair extend for more than 60 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle per parcel of land per calendar year. D. This subsection was removed as it was inconsistent with RCTV 46.55.240. .4s such, you will need IC) amend the zoning code to remove the provisions in UR 3.5 and UR 7 allowing up to 2 junk vehicles so long as they are completely screened by landscaping or fencing. The specific provisions for this are ST 14.616355 (UR 3.5) and STVZC 14.618.355 (UR 7). SECTION 5 — Violation notice. — abatement — service. A. A Code Enforcement Officer is authorized to issue and serve an abatement notice upon reasonable belief that a violation of one or more provisions of this ordinance has occurred. 8. The abatement notice shall be issued to the person(s) responsible for a violation of this ordinance. The last legal and registered owner need not be notified i f the vehicle is in such condition that identification numbers are not available to determine ownership. Proposed administrative draft — C. Driskell May 22, 2003 Draft 4 C. The abatement notice may be served by means of personal service, or by mailing a copy of the abatement notice to a person(s) responsible for a code violation to his or her last known mailing address as determined by the Code Enforcement Officer by certified mail, with a five -day return receipt requested. Proof of service shall be made by a written declaration under penalty of perjury by the person affecting the service, declaring the time, date, place of service, and the mariner by which service was made. D. The abatement notice shall contain substantially the following information: 1. The name and address of the person to whom the notice is issued; 2. The location of the subject property by address or other description sufficient to identify the subject property; 3. A description of the vehicle and its location, and the reasons the City deems it to be a public nuisance in violation of this ordinance; 4. A description of the corrective action necessary to eliminate the violation; 5. The date by which the corrective action must be completed to avoid abatement action by the City, which shall be no later than fifteen (15) days from the date of service of the abatement notice; 6. That the person(s) responsible for a violation has the right to request a hearing regarding the abatement notice to the Hearing Examiner, pursuant to Section 6; 7. A statement that if the person(s) responsible for a violation fails to complete the corrective action by the date required or request a hearing before the Hearing Examiner, the City or its designee shall remove, impound and dispose of the vehicle, and will assess all costs of administration and removal against the person(s) responsible for a violation; and 8. A statement that the land owner upon which the vehicle is located may request a hearing, then appear in person or provide a written statement to the Hearing Examiner denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial. SECTION 6 — Hearing on abatement notice. A. A person(s) responsible for a violation shall have fifteen (15) days from the date of service of the abatement notice to request a hearing before the Hearing Examiner. Upon receipt of such a request the City shall provide a hearing notice stating the time, location and date of the hearing on the issue of abatement and removal of the vehicle, or part thereof, as a public nuisance. The City shall mail this notice by certified mail, five - day return receipt requested, to the person(s) responsible for a violation. 4 Proposed administrative draft — C. Driskell May 22, 2003 Draft 4 13. The hearing notice shall contain a statement that a person(s) responsible for a violation may appear in person at a bearing or by submitting a written statement for consideration. If the land owner denies responsibility for the vehicle being on his or her land, and has provided sufficient written evidence in support of the denial, the 1- Tearing Examiner is authorized to determine, based upon available evidence, whether the land owner is responsible for, or acquiesced to, the presence of the vehicle. The Hearing Examiner will determine if the land owner is responsible for the junk vehicle being on the property. If the land owner has not acquiesced in the vehicle's presence, the Hearing Examiner's order shall state such. in that instance, the land owner shall sign a written permission form allowing the City to immediately remove the junk vehicle from his or her real property. If the land owner fails to sign the permission form, he or she will be determined to be acquiescing in the vehicle's presence on the real property. C. If the Hearing Examiner determines that a land owner is not responsible for a vehicle being on his or her property, the City shall not assess costs of administration (including a civil infraction) or nuisance abatement against the real property where the vehicle is located. D. Any person appealing an abatement notice must pay a $250.00 appeal fee. if the person appealing prevails at the abatement hearing, the appeal fee will he refunded to the person who paid the appeal fee within five business days of issuance of the Hearing Examiner's written decision. E. The Hearing Examiner may uphold, modify or revoke the abatement notice as appropriate. The Hearing Examiner shall provide written findings of fact and order within ten business days of the conclusion of the hearing. The Hearing Examminer's order shall constitute a final action. P. A copy of the Hearing Examiner's order shall be served upon the person(s) to whom it is directed, either personally or by mailing a copy of the order by certified mail, with a five -day return receipt requested, to such person at his or her last known address as determined by the code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting service, stating the time, date, location and manner by which service was made. SECTION 7 — Removal and disposal — costs — liens. A. After notice has been given of the City's intent to dispose of the vehicle, and a person(s) responsible for a violation has failed to correct the violation or request a hearing within fifteen (15) days, or a hearing was requested and the Hearing Examiner issued an order to abate the vehicle, resulting in authority to remove, the vehicle or part thereof shall he removed at the request of a law enforcement officer. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been 5 Proposed administrative draft — C. Driskell May 22, 2003 Draft 4 wrecked. Any vehicle or part thereof impounded pursuant to this ordinance shall be processed in accordance with the laws of the State of Washington. B. Any registered disposer under contract with the City for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by local authority or the Director. C. Costs of removal may be assessed against the legal owner of the vehicle if that identity can be determined, the registered owner of the vehicle if that identity can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101, or the costs may be assessed against the land owner on which the vehicle is located, subject to Section 6(C). D. in addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after removal of a vehicle under the ordinance, file for record with the Spokane County Auditor to claim a lien for the cost of removal, and any and all collection costs. Such liens are to be filed against the land owner, if applicable. Such a lien shall he substantially in accordance with the provision regarding mechanic's liens in R.CW 60.04, and said lien shall be foreclosed in the same manner as such liens. SECTION 8 — infractions — voluntary compliance. The impounding of a vehicle shall not preclude charging the violator with a Class 1 infraction pursuant to RCW 7.80. A person responsible for a violation shall be issued a Class 1 infraction with a penalty in the amount of $250.00. A person responsible for a violation who voluntarily complies with or allows abatement within fifteen days of receiving a notice of abatement shall not be issued an infraction. SECTION 9 — Junk vehicle abatement program — authorized. The Director is authorized to develop a comprehensive junk. vehicle abatement program. it is intended that this program will developed through community involvement. The purpose of the Junk Vehicle Abatement Program is to develop a program that is cost effective for the City, encourages voluntary compliance. and implements the goals of this Ordinance. SECTION 10 —.Junk vehicle abatement fund — authorized. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be. accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. SECTION 11 — Severability. If any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 6 Proposed administrative draft — C. Driskell May 22, 2003 Draft 4 SECTION 12 — Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of May, 2003. Interim City Clerk, Ruth Muller Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of publication: Effective date: Mayor, Michael DeVleming 7 The following is the title and summary of Ordinance passed by the City Spokane Valley City Council on the 27 day of May, 2003. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHiNNGTON, REGULATING THE STORAGE OF JUNK VEHICLES ON PRIVATE PROPERTY The introductory paragraphs relate to the process of abating junk. vehicles from private property. Section 1 states the purpose of the ordinance. Section 2 provides definitions used in the ordinance. Section 3 declares the storage of junk vehicles to be a public nuisance. Section 4 relates to exceptions to abatement. Section 5 relates to abatement notices. Section 6 relates to hearings on abatement notices before the Hearing Examiner. Section 7 relates to abatement of junk vehicles and cost allocation. Section 8 relates to infractions for failure to abate. Section 9 relates to the development of a junk vehicle abatement program. Section 10 authories a junk vehicle abatement fund. Section 11 provides for a severability clause. Section 12 states this Ordinance shall he in full force and effect five (5) days after the publication of the Ordinance Summary. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be mailed out upon request. Ruth Muller Interim City Clerk Published: City of Spokane Valley 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 (509) 921 -1000 NOTICE OF ORDINANCE PASSED I3Y SPOKANE VALLEY CITY COUNCIL SUBMITTED BY: Public Works Director CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -128 DATE ACTION IS TITLE: Storm Water REQUESTED: Management Services, May 13, 2003 - delayed Spokane County May 27, 2003 APPROVED FOR COUNCIL PACKET: ATTACH :MENTS: Agreement CO3 -36 City Manager X Dept. Head X Attorney Approve As To Form TYPE OF ACTION: Ordinance Resolution X Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: approve proposed Interlocal Agreement with Spokane County for the provision of stormwater management services. DISCUSSION: this agreement authorizes the City to request, and the County to provide at agreed upon costs, the full range of support for stormwater planning, inventory and records keeping for the City during 2003. ALTERNATIVES: immediately hire large number of qualified staff to perform all these services or hire a consulting firm to manage programs with the County, both of which would be considerably more expensive and would likely result in unacceptable delays in City review of development projects and the billing for stormwater fees. FISCAL IMPACT: SOURCE OF FUNDS: Fund 402, Stormwater Management AMOUNT BUDGETED: 530,000 Stormwater Administration; 5125,000 Contract Services AMOUNT NEEDED FOR PROJECT: S132,500 (est.) 05/23/2003 07:30 FAX 509 477 3672 STEVEN J. TUCKER PROSIHCunNC ATTORNEY SPOIL CO PA CIVIL SPOKANE �' �r'y' COUNTY 3:�f p •:i'Tl. ti 0 OM w. 4 ^ ,'.k� OFFICE OF PRC151ICUTINC ATTORNEY May 23, 2003 From: James P. Ernacio Chief Civil Deputy Prosecuting Attorney, Civil Division Spokane County Prosecuting Attorney's Office. Telephone No.: (509) 477 -5764 FAX Phone No.: (509) 477 -3672 Please FAX to: Ruth Muller, City Clerk FAX Phone No: (509) 921 -1008 * * * * ** * ** * * * ** * *** * ** * ** * ** * * * * * * *ik* 4k***4 *:k4 :8'* * * ** ** ** *** * * * * **** * * *i * *** Pages 10 MAUL TO: Civ9 Division MAIL STOP SF&T 1116 W. Broadway Avenue Spokane, WA 99260-0270 (509)477-5764 FAX: 477.3672 *********************_****:*:************* * * * * * * * * * * * * * * *** ** ** * * * * * * * *** Re: Interlocal Agreement — Stormwater Management Services ******* 6** 4**************************** * * ** * * * * * * * * * * ** * * * ******.4.4 i * * * * * ** * * * * * *e * ** * * * **Y * ** If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting Attorney's Office, 477 -5764. ********d iM**** 4 *** ** **** * *****#*.**Ja *** * *-sa * * *+ kit************** *.#* **** * * * * * * * * * * *** *** NOTICE: The information contained in this transmission is privileged and confidential It is intended for the use of the individual or entity named above. If the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. lithe addressee has received this communication in error, please retum to the above address by mail and notify this office immediately by telephone. Thank you. WARNING: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to fling Os a record. t}iminnl D partn,ent PS9-1 1100 W. Mellon Avenue Spokane. WA 99260 -Qi.70 (509) 4773662 FAX 477 -3409 0 Civil D p tment s&1' 1115 W. Broadway Spokane, WA 5926070 (5119)477 -5764 FAX:477 -3672 0 Domestic Violence Unit PSB-1 901 N Monroe,. Suite 200 Spokane, WA 99201 (509)835-4500 FAX:935-4552 Drug/Properly Depa,talent PS-1 721 N. Jefferson Spokane, WA 99260-0270 (509) 477.6416 PAX: 477 RE E1VED MAY 2 3 2693 IJ001 /010 City of Spokar ce Valley juvenile Department FS3-1 12ER W. Mallon Avenue Spokane, WA 99200.0X70 (509) 477 - 6916 FAX 477 -5444 05/23/2003 07:30 FAX 509 477 3672 Return to: Page 1 of 8 Daniels Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 SI'OK CO PA CIVI1,. Z002/010 INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE C1TY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT + NT SERVICES THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as "COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County ( "BOARD ") has the care of county property and management of funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date commenced operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, focal governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, the City desires to provide quality Stonnwater management services for its residents and does not at this time have the organization and personnel to provide the planning, inventory and record keeping for full Stormwater management. 05/23/2003 07:31 FAX 509 477 3672 SPOK CO PA C1V[L WHEREAS, it is in the public interest that Spokane County and the City of Spokane Valley cooperate to provide effective and cost efficient Stormwater management services. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the provisions under which COUNTY will provide Stormwater management services ( "Services ") through the Stormwater Utility Department to CITY. Services are more particularly outlined in Section No. 3. It is the intent of the PARTIES that Services to be provided by COUNTY will he consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO. 2: DURATION This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one of the PARTIES provides notice of termination as further described in Sections No. 4 of this Agreement. SECTION NO. 3: MODIFICATION AND TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Either Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other Party. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. All agreed upon costs due either or both PARTIES will be paid within 60 days of the effective date of termination of this Agreement. SECTION NO. 4: SERVICES PROVIDED COUNTY will provide Services when requested in writing by CITY provided: (1) Sufficient COUNTY Stormwater Utility staff resources are available, and (2) CPI`Y has adopted stormwater related code(s), rules, guidelines, or policies necessary to perform the requested Service. In instances where the COUNTY determines that CITY has not adopted relevant code(s), rules, guidelines, or policies to perform the requested Services, the COUNTY will notify the CITY. COUNTY agrees to meet and discuss with CITY the conditions under which COUNTY will provide such Service. Page 2 of 8 g003/010 05/23/2003 07:3.1, FAX 509 477 3672 SPOK CO PA CIVIL All Services, to include determining whether or not CITY has adopted relevant codes(s), rules, guidelines, or policies, will be provided at the hourly rates shown in Exhibit 1, plus costs of expenses and materials. The Services that may be requested by CITY, include, but are not limited to: 4.1 Recording, maintaining, and providing CITY with updated maps of known stormwater problem areas within CITY or adjacent to CITY. 4.2 Preparing and maintaining stormwater facility inventory, providing maps to CITY and registering drywells with WA Department of Ecology to satisfy current year (2003) Underground Injection Control (WC) Program Requirements. 4.3 Providing development review support in sensitive stormwater/high groundwater areas prior to permitting by CITY. 4.4 Maintaining the stormwater billing files using COUNTY and CITY provided data so that the County Treasurer can continue to correctly hill properties within CITY (excluding CITY streets and state highways) and add new accounts as they accrue. 4.5 Assisting CITY staff in maintaining residential swalcs inventory, administering Swale establishmcnt/testing procedures and working with residential property owners on swale repair /restoration. 4.6 Preparing South Shelley Lake Stormwater Management Plan in coordination with CITY. SECTION NO. 5: CITY - COUNTY COORDINATION In performing the requested Services, COUNTY staff are acting as an independent contractor and all decisions on project design and costs shall be coordinated with the City Public Works Director or his/her designee. Monthly coordinating meetings may be held in COUNTY offices throughout the term of, each year's projects if needed and if County staff resources are available. Both PARTIES will identify specific liaisons for Services to address day -to -day operational activities related to Services. CITY agrees that Stormwater service charges for 2003 shall be prorated as provided in Spokane County Code Section 9.70.065. CITY will receive Stormwater fees for service from owners of developed properties with boundaries of CITY for the final nine months of 2003. SECTION NO. 6: COMPENSATION CITY shall compensate COUNTY for all Services provided under this Agreement on the basis of the hourly labor rates in Exhibit 1. and materials plus related expenses, such as plotting costs for maps. CITY will reimburse COUNTY for Services provided based on separate monthly invoices for all labor and expenses for each Service for which work has been performed. The PARTIES recognize that the hourly rates for Stormwater Utility Staff as set forth in Exhibit 1 may change Page 3 of 8 IZ1004/010 05/23 /2003 07:32 rAX 509 477 3672 SPOR CO PA CIVIL during the term of this Agreement based on salary increases, COLA's or collective bargaining negotiations. CITY will be billed all actual costs for such staff based on their hourly rates in effect at the time that the Services are performed or provided. This hourly rate includes all benefits plus an overhead component. COUNTY will advise CITY in advance of any increase in the hourly rate of any Stormwater Utility Staff. COUNTY will bill CITY for the cost of Services during the first week of the month for Services provided during the preceding month. Payments by CITY will be due by the 5th of the following month. At the sole option of COUNTY a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. in the event of a dispute in any billing, CITY shall pay all undisputed portions of the billing. The PARTIES agree to meet in a good faith attempt to resolve any billing disputes. Any overpayment by the CITY shall be refunded with interest based upon the interest paid by the County Treasurer's Investment Pool. SECTION NO. 7: LIABILITY Page 4 of 8 7.1 COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the salve at its sole cost and expense; provided that C1TY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. 7.2 CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of perfuming services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, C1TY shall satisfy the same. 7.3 The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the [A005/010 05/23/2003 07:32 FAX 509 477 3872 SPOK CO PA C V I L indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. 7.4 COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverage of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits included for COUNTY Engineer professional liability and auto liability coverage. SECTION NO. 8: DISCRIMINATION COUNTY and CITY certify that they are Equal Opportunity Employers. COUNTY has developed and implemented affirmative action programs in accordance with the guidelines in Revised Order 4 of the United States Department of Labor. CITY will develop and implement affirmative action programs that meet the applicable federal standards. SECTION NO. 9: AUDITS AND INSPECTIONS The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review, or audit by COUNTY or CITY during the term of this Agreement and three (3) years after termination. SECTION NO. 10: AMENDMENTS The Agreement may be amended at any time by mutual, written Agreement of the signatories of this Agreement. SECTION NO. 11: CONTRACT ADMINISTRATION The PARTIES shall each appoint representatives to review contract performance and resolve problems which cannot be dealt with by COUNTY and CITY liaisons. Each Party shall notify the other in writing of its designated representatives. The representatives from COUNTY will include the Utilities Division and the Office of Financial Management. COUNTY and CITY liaisons will meet periodically with either Party authorized to call additional meetings with ten days written notice to the other. Any problem which cannot be resolved by the PARTIES' designated representatives shall be referred to the City Manager and the Spokane County Utilities Division Director for settlement. SECTION NO. 12: NON - WAIVER Waiver of any default or breach of this Agreement shall not be deemed to be a waiver of any other prior or subsequent default or breach and shall not be construed to be a modification of the terms of this Agreement unless stated to be such through written agreement of the signatories hereto. Page 5 of 8 1 006/0.10 05/23/2003 07:33 FAX 509 477 3672 SECTION NO. 13: SUBCONTRACT SPOK CO PA CIVIL g007/010 COUNTY may subcontract any of its responsibilities set forth herein provided COUNTY retains the appropriate supervision and inspection of the contractor's work. SECTION NO. 14: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant, or representative of COUNTY shall be deemed to be an employee, agent, servant, or representative of CITY for any purpose. Likewise, no agent, employee, servant, or representative of CITY shall be deemed to be an employee, agent, servant, or representative of COUNTY for any purpose. Control of personnel standards of performance, discipline and all other aspects of performance, including that of the staff, shall be covered entirely by COUNTY. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by COUNTY in providing Services under the teens of this Agreement shall remain with COUNTY unless specifically and mutually agreed by the PARTIES. SECTION NO. 16: GENERAL TERMS This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the .PARTIES. Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors, and assigns. SECTION NO. 17: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. Page 6 of 8 05/23/2003 07:33 FAX 509 477 3672 SPOK CO PA CIVIL SECTION NO. 18: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms, or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 9: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 20: RECORDS Ail records prepared or produced by COUNTY in conjunction providing services to CITY under the terms of this Agreement shall be the property of COUNTY. Such records shall be made available to CITY upon request by the City Manager subject to privileges set forth in statue, court rule or case law. COUNTY will notify CITY of any public records request under chapter 42.17 RCW for copies or viewing of such records as well as COUNTY'S response thereto. Upon termination of this Agreement, COUNTY agrees to make copies of all such records that may be requested by CITY using the labor rates in Exhibit "1" for copying time plus costs for materials. CITY shall reimburse COUNTY for all actual costs incurred by COUNTY in responding to public record records requests as well as providing copies of any records to CITY under the terms of this Agreement or Section. Costs shall include costs of staff time as well as materials. Payments will be due as provided for in Section No. 6 herein above. SECTION NO. 21: ALL WRITINGS CONTAINED H.EREINfBINDTh G EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. SECTION NO. 22: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (2) the third day following the day on which the same have been mailed by first class delivery, postage prepaid Page7of8 ,I008/0 05/23/2003 07:34 FAX 509 477 3672 SPOK CO PA CIVIL. g1009/010 addressed to PARTIES at the address set forth above or at such other address as the PARTIES shall from time -to -time designate by notice in writing to the other PARTIES. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNrTY.COVIMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK. OF THE BOARD BY: Daniela Erickson, Deputy Approved as to form only: Acting City Attorney G:lvalloy Ci•ylDrafl Con trucI .Stornnvater storrnwu er -final 042203.doc Page 8 of 8 JOHN ROSKELLEY PHILLIP D. HARRIS, Chair M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY: Attest: By: Its: City Clerk (Title) GIS Specialist 78.00 Engineer Tech 2 64.00 i Engineer '/2 94.00 Administrative Specialist 2 51.00 Stormwater Manager 104.00 Land Development Coordinator 82.00 GIS Technician 54.00 Engineer 3 157.00 05/23/2003 07:34 FAX 509 477 3672 SPOK CO PA CIVIL Exhibit 1 TO AN TNTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY FOR PROVISION OF STORMWATER MANAGEMENT SERVICES Hourly Rates for County Stormwater Utility staff Z010/01,0 DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Accepting Park Properties from May 27, 2003 Spokane County Ordinance APPROVED FOR COUNCIL PACKET: ATTACHMENTS: X Resolution City Manager Proposed resolution No. 03 -030 Motion Dept. Head Other Attorney Approve As To Form SUBM I'ED BY: Parks and Recreation Director ALTERNATIVES: None CITY OF SPOKANE VALLEY :REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -124 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Resolution No. 03 -030 Accepting Park Properties from Spokane County. DISCUSSION: Staff has been negotiating a parks and recreation agreement with Spokane County for providing maintenance of all parks within the boundaries of the City. Included in the proposed agreement is provision for transferring ownership of park properties from Spokane County to the City of Spokane Valley. Staff and legal counsel have thoroughly reviewed property title insurance and other documents relating to these park properties. This resolution accepts the conveyance of park properties from Spokane County including the assumption of all duties and authority related. FISCAL IMPACT: None associated with the transfer, however maintenance costs included in the agreement SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NET 1)IE I) FOR PROJECT: ..v CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-030 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ACCEPTING THE CONVEYANCE OF PARK PROPERTIES FROM SPOKANE COUNTY INCLUDING THE ASSUMPTION OF ALL DUTIES AND AUTHORITY RELATED THERETO. WHEREAS, the City of Spokane Valley incorporated on March 3 I., 2003; WHEREAS, Spokane County is desirous of transferring to the City of Spokane Valley Spokane County park properties including land and improvements located within the City for the purpose of providing recreational opportunities to the City residents, visitors and guests; WHEREAS, the parties have executed a "lnterlocal Agreement between Spokane County and the City of Spokane Valley Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs" ( "lnterlocal Agreement ") with one of the purpose to provide for the transfer of park property from the County to the City; WFIEREAS, the County is making the transfer of park properties for an in consideration of the promises, covenants and consideratin set forth in the Interlocal Agreement; and WHEREAS, as a condition of the conveyances, the City agrees to maintain the park properties in conformance with conditions imposed upon the properties through the conveyance documents as well as the lnterlocal Agreement. NOW TL be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: The City of Spokane. Valley accepts from Spokane County the conveyance of the following park properties for and in consideration of the matters set forth in the hnterlocal Agreement with the intent to use, maintain and improve the same for the public benefit. The park properties are: 1. Mertle Point. 2. Opportunity Township Hall. 3. Valley Mission Pool. 4. Valley Senior Center. 5. Valley Mission Park. 6. Valley Mission Park (South). 7. Balfour Park. 8. Brown's Park. 9. Edgecliff Park. S:1ResolutionsUtesolution No. 03- 030.Park Propeny.10OC The City agrees to operate, maintain and use the park properties consistent with conditions, if any imposed upon the property through Interlocal Agreement and conveyance document. The City Council hereby accepts the grant, conveyance and transfer of the above identified properties and authorizes the City Manager to execute all necessary documents to complete the conveyance and assume ownership and control of the park properties within the City of Spokane Valley. ATTEST: 10. Western Dance Center. 11. Sullivan Park. 12. Mirabeau Point Park. 13. Park Road Park. 14. Park Road Pool. 15. Terrace View Park. 16. Terrace View Pool. 17. Castleview Park. Adopted this day of May, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz S:\Rcsolutioi s Resolution No. 03- 030,Pak Property.D0C City of Spokane Valley Mayor Michael DeVleming SUBMITTED BY: Public Works Director ALTERNATIVES: None FISCAL iMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -135 DATE ACTION 1S TITLE: TYPE OF ACTION: REQUESTED: Solid Waste Agreement May 27, 2003 Ordinance APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Proposed agreement Resolution City Manager X Motion Dept. Head Other Attorney Approve As To Form STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize City Manager to execute interlocal agreement between the City of Spokane, Spokane County and the City of Spokane Valley re: Spokane Regional Solid Waste Management System. DISCUSSION: The cities in Spokane. County and Spokane County have by interlocal cooperation agreement agreed to designate the Regional Solid Waste System as the site for disposal of solid waste collected within there respective boundaries. This interlocal agreement has been reviewed by the Council at a study session, at which time a request was made to see if Spokane Valley could have two voting seats on the Policy Liaison Board for this system. Following staff negotiations, this agreement is presented for approval and includes one voting scat for Spokane Valley on the Policy Liaison Board. rgb 03 05 06 430pm fNTERLOCAL AGREEMENT (CH. 39.34 RCW) BETWEEN THE CITY OF SPOKANE, SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY RECITALS File no. File no. File no. RE: SPOKANE. REGIONAL SOLID WASTE MANAGEMENT SYSTEM WHEREAS, the City of Spokane, a first class charter city duly organized and existing under and by virtue of the laws of the State of \Washington (the "City "), and the County of Spokane, a class A county duly organized and existing under and by virtue of the laws of the State of Washington (the "County "), have specific powers and statutory duties relating to planning and controlling the management, handling and disposal of solid waste ( "solid waste nianageme.nt ") within the City and unincorporated area of the County (the "region "), respectively, including the development of a Solid Waste Management Plan under RCW 70.95; WHEREAS, the City of Spokane Valley, WA, (hereinafter "Signatory Regional City "), a non charter optional code city duly organized and existing under and by virtue of the constitution and laws of the State of Washington, likewise has specific municipal statutory powers and duties relative to solid waste management within its jurisdiction; and WHEREAS, the County duly adopted a Spokane County Comprehensive Solid Waste Management Plan for the region ( "Plan ") on July 21, 1998, including revisions in Spokane County Resolution No. 98- 0602; and WHEREAS, the City and County initiated the Spokane Regional Solid Waste Disposal Project in 1984 i.n order to develop a necessary solid waste management system and plan, including appropriate waste reduction and recycling provisions and litter control provisions; and WHEREAS, after years of planning and the completion of an adequate environmental impact statement and vendor selection process, and after due consideration of the environmental, social, technical, economic and other relevant factors, including public and governmental continent, and observation of applicable federal, state, and local procedures, the City and County established a cooperative project for the management., handling and disposal of solid waste generated within the City and the unincorporated areas of the County by execution of an Interlocal Cooperation Agreement by a joint Resolution adopted on November 3, 1987, as superseded by an interlocal Cooperation Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 2 Agreement adopted by the City and County on October 10, 1988, as superseded by Amended and Restated Interlocal Cooperation Agreement between the City of' Spokane and Spokane County, WA on April 10, 1989 (hereinafter collectively referred to as the "County Interlocal Cooperation Agreement "); and WHEREAS, the County, by the County Interlocal Cooperation Agreement has agreed to exercise its police and contract powers, and designate the System as the site for disposal of solid waste collected within the unincorporated area of the County by its Flow Control Ordinance, subject to the exceptions set forth therein; and WHEREAS, Signatory Regional City now desires, in consideration for the City handling the disposal of Solid Waste at the System, to agree to exercise its police powers to designate the System as the sole site for disposal of Solid Waste under its control; NOW THEREFORE, IT IS AGREED: Section 1: DEFINITIONS. As used in this Agreement, the following words shall have the following meanings, unless the context dictates otherwise: A. Annual Budget shall mean the System budget for a Fiscal Year, as adopted or amended by the City in accordance with Section 8.12 of the Bond Ordinance. 13. Bond Ordinance means Ordinance C- 29285, adopted January 9, 1989 by the City of Spokane City Council. C. City shall mean the City of Spokane, Washington, a first class charter city of the State of Washington. D. County shall mean Spokane County, Washington, a class A county of the State of Washington. E. County Interlocal Cooperation Agreement shall mean the above referenced County Interlocal Cooperation Agreement between the City and the County for the ownership, financing and management of the system and any amendments thereof. F. Disposal Site means a site or sites approved by the Board of County Commissioners for Spokane County or the Board's Authorized Designee, where any final treatment, utilization, processing, or deposition of Solid Waste occurs. This includes, but is not limited to, transfer stations (included as part of the disposal system of the County), sanitary landfills, Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 3 incinerators, composting plants, and the location of a Facility for the recovery of energy resources from Solid Waste or the conversion of the energy from such wastes to more useful forms or combinations thereof. G. Facility shall mean the mass burn resource recovery steam and electric generating facility constructed pursuant to the Construction Contract; such facility is the "Facility" as such term is defused in the Construction Contract. H. Hazardous Waste shall mean waste which, by reason of its composition or characteristics is a toxic substance or hazardous waste as defined in the Resource Conservation and Recovery Act (R.CRA), 42 USC 6901 et esq., together with its implementing regulations, or in the Toxic Substances Control Act (TOSCA), 15 USC 2601 et seq., together with its implementing regulations, or the definitions as promulgated by the State of Washington as Dangerous Waste or -Extremely Hazardous Waste, all as may be now or hereafter amended from time to time. Recyclable Materials shall mean those materials, other than Recovered Materials which are separated from Solid Waste, either by the generator at the source of such Solid Waste or mechanically by the System at any lawfully authorized transfer station, recycling facility or other permitted location, as the case may be, and which are capable of being returned to the economic mainstream by the System. Recyclable Materials may include, but shall not be limited to, bottles, aluminum cans, newspapers, cardboard, paper materials, or other specific commercially marketable items, where and only where such materials have been specifically sorted by the generator prior to collection and are collected apart from the common municipal solid waste stream for commercial manufacture or recycling. J. Regional Cities shall mean all incorporated cities and towns in Spokane County, including Signatory Regional City, except the City of Spokane, which have entered into or hereafter enter into a Regional City Interlocal Agreement. Scale System means the scales, scale house, computer hardware and software and associated equipment necessary to operate an automated ticketing system. L. Signatory Regional City means the City of Spokane - Valley, WA. M. Solid Waste includes garbage and refuse and shall mean all putrecible and non - putrecible wastes, whether in solid or in liquid form except liquid - carried industrial wastes and sewage. "Solid Waste' includes garbage, Spokane Valley Agreement to Join regional Solid Waste System as Regional City, pledging all solid waste to System Page 4 rubbish, ashes, industrial wastes swill, demolition and construction wastes, abandoned vehicles or parts thereof, discarded home and industrial appliances, manure, digested sludge, and vegetable or animal solid and semi -ticlid materials- Solid Waste does not include Recyclable Materials or Hazardous Waste.. in addition, all materials deposited in cans or containers for collection, (other than Recyclable materials or Hazardous Waste.), shall be deemed Solid Waste. T System shall mean the existing Spokane Regional Solid Waste Ivianagennent System comprised of a]I property, real or personal, tangible, or intangible that is now owned or hereafter acquired by the City which is used or useful by the City (i) in connection with the collection and disposal of Solid Waste generated within the City's boundaries and (ii) in connection with the disposal of Solid Waste generated and collected elsewhere and delivered to the System for disposal. As of the date hereof, the System includes, without limitation, the City's Northside'Landfill, the City's refuse collection system, and all facilities and equipment appurtenant thereto, whether real or personal, and vehicles necessary and incident thereto. O. Tipping .Fee means the amount charged per ton of Solid Waste for disposal by the System. All other capitalized terms used herein, which are not defined, shall have the meanings given to them in the Bond Ordinance. Otherwise they shall have the sane meaning as used in other docrunents referenced in this agreement unless another specific document is referenced. Section 2: PURPOSE. propose of this Agreement is to establish the participation of Signatory Regional City in the System as one of the Regional Cities. Section 3. SOLID WASTE DIRECTED TO SYSTEM. A. Signatory Regional City hereby covenants, agrees and contracts to exercise its police and contractual powers and authority as may now 01 hereafter be recognized in contract or at lawv to direct the deposit of Solid Waste generated within its geographical boundaries to the System. 11 The following are specifically exempted from the provisions of subsection A: Spokane Valley Agreement to .coin Regional Solid Waste System as Regional City, pledging all solid waste to System Page 5 1). Wrecking automobiles and parts thereof including storage and handling facilities, minor reclamation of scrap metal, glass, discarded clothing, paper, and their associated facilities which leads to resale or reuse of said material where no charge is made for collection or disposal to the originator. 2). Depositing soil, rock, tree stumps, gravel, broken concrete, broken asphalt, and similar inert wastes onto the surface of the ground whereby such depositing is to be temporary in nature, graded, and otherwise worked to fill an existing depression or Iow area of ground. 3). Depositing agricultural Solid Waste onto or under the surface of the ground when said waste is being utilized primarily for fertilized or a soil conditioner, or is being deposited on ground owned or leased by the person responsible for the production of said waste as long as depositing such waste does not create a nuisance. 4). Depositing sewage and /or sludge onto or under the surface of the ground at a Disposal Site that has otherwise been issued a Permit by a local, state or federal agency to be operated, maintained or managed for that purpose. Depositing Hazardous Wastes or Dangerous Wastes onto or under the surface of the ground at a Disposal Site that has otherwise been issued a Permit by a local, state or federal agency consistent with the Comprehensive Solid Waste Management Plan to be operated, maintained, or managed for this purpose. 6). Establishment and operation of a Woodwaste Landfill site; "Woodwaste Landfill" being defined in the Spokane County Flow Control Ordinance, No. 85 -0395, section 2 TT adopted May 14, 1985. C C. The Spokane County Comprehensive Solid Waste Management Plan will address disposal of all types of waste. The City and County will include Signatory Regional City in planning for and opportunities for proper disposal of exempt waste. Section 4: ADMINISTRATION. A. Precise organization of entity. The entity defined above as the System has already been created. Signatory Regional City joins Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 6 this System by this agreement. The City will manage the System pursuant to the terms and conditions of the County Jnterlocal Cooperation Agreement. 13. The City will provide Signatory Regional City with a copy of the Annual Budget for the System. C. Although the City is the administrator of the System, a Policy Liaison Board has been established by the County J.nterlocal Cooperation Agreement. The Liaison Board already consists of two delegates iron] the City of Spokane, two From the County and one from the Regional Cities. With respect to Signatory Regional City however, it the intent of the parties that this Signatory Regional City (Spokane Valley) be entitled to its own separate voting seat on the Liaison Board, to be created as an additional sixth seat- Each party stipulates to and/or agrees to seek amendment of any other applicable interlocal agreements as may be necessary to accomplish this intention. D. Holding ,_disposini real- personal property Any real or personal property needed for System operations may be acquired, held and disposed of by the City, as administrator under this agreement- The City administers all special funds for System operations. Section 5: 'TIPPING F.E1I . A. The 'Pipping Fees charged for disposal of Solid Waste at the System shall be that established by the City. Tipping Fees shall he uniform for the sane class of service, except that Tipping Fees at the System's transfer stations and the Facility may differ to reflect the costs of transporting Solid Wa from the transfer stations to the Facility. The City has included and shall continue to include in the Tipping Fee a "landfill closure component" which will be allocated between the City, the County, and the Regional Cities as provided herein and in the County Irian Cooperation Agreement. B. If the Signatory .Regional City is determined to have liability under Initiative 97 (RC W. 70.105D) or the Comprehensive E.nvironniental .Response Compensation, and Liability Act (CERCLA) in connection with any landfill, the System shall allocate to Signatory Regional City a portion of the revenues from the landfill closure component of the System's Tipping Fees. Such allocation of revenues shall he in the same proportion. that Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System :Page 7 Signatory Regional City's Solid Waste generated and delivered to the System bears to the total non -City [from sources other than the City of Spokane] Solid Waste generated from all other areas of Spokane County and delivered to the System each year. The portion of such non -City Solid - Waste delivered to the System by the Signatory Regional City shall be determined by the population of the Signatory Regional City compared to the total non -City population [people living outside the City of Spokane in all other areas of Spokane County] or by such other mechanism as may be mutually agreed upon by the City, the County and the Signatory Regional City. C. The landfill closure component of the Tipping Fee will be increased or decreased periodically as deemed necessary by the City to generate the amount of funds required by the County or Regional Cities for landfill closure purposes within the limitations set forth in the County Interlocal Cooperation Agreement. D. Allocation of the revenues from the landfill closure component of the Tipping Fee will be made monthly to reflect the actual proportions based upon weight of Solid Waste delivered or caused to be delivered to the System each year by the City, County, and Regional Cities. The determination of the total weight of Solid Waste delivered or caused to be delivered to the system by the City, the County, and Regional Cities, shall be made through the use of Scale Systems or, at any Disposal Site where Scale Systems are not available, by converting volumes of Solid Waste to tons of Solid Waste at the agreed upon ranges of 3 1/3 cubic yards of compacted Solid Waste io one ton of Solid Waste and 6 2/3 cubic yards of non - compacted Solid Waste to one ton of Solid Waste. The determination of whether any particular Solid Waste delivered to a disposal site by any person is from the City or from other areas of the County shall be determined by the City through such methods or systems as the City and the County shall agree and deem appropriate. :F. Revenue allocated to Signatory Regional City if any shall be remitted quarterly. Allocable revenues, including interest earnings thereon, may be used for the following purposes: 1). To pay landfill closure costs. 2). To fund a reserve for future landfill costs. Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 8 If the City, County or Signatory Regional City should impose a utility tax on the disposal of Solid Waste at the System, the proceeds of that utility tax on disposal of Solid Waste generated within the County, either from incorporated or unincorporated areas, shall be shared, after the deduction of all appropriate and reasonable administrative costs, between the City, the County and the Regional Cities proportionately based upon the tons of Solid Waste delivered to the System from the City, the Regional Cities, and the tons of Solid Waste delivered to the System from other sources. The allocation of the tax will be pursuant to the method specified in Section 513 of this Agreement. Section 7: UPDATE OF THE COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. . Pursuant to RCW 70.95.080, Signatory Regional City hereby authorizes the County, acting. independently or through its agents or consultants, to prepare a plan for Signatory Regional City solid waste management as a part of the revisions to the Spokane County Comprehensive Solid Waste Management Plan Update in 1989 and every five (5) years thereafter, including preparation of a Local Hazardous Waste Plan, a Recycling Plan and any environmental documents required therefore. The County will provide drafts of the update raid notify Signatory Regional City of meetings regarding the update. The Plan and any updates will be submitted to Signatory Regional City for their approval. parties. 3). To pay other collection costs. 4). Any other landfill purpose. Section 6: UTILITY TAX. Section 8: AMENDMENT. Amendment of this Agreement may be made only by written agreement of the Section 9: DURATION AND TERMINATION. A This Agreement shall be for an initial term of 8 years or for such longer term as any .Bonds or Additional Bonds remain Outstanding. 13 This Agreement can be terminated early only by written agreement of the City of Spokane, Spokane County, and the Signatory Regional City. Upon termination of the Agreement, the City shall own the System and all of its assets. [cross reference, County Interlocal Cooperation Agreement, Sec. 5.2 el. Section 10: HEADINGS. Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 9 The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, limit or extend the scope or intent of the sections to which they apply. Section 11: ADDITIONAL,. This Agreement contains all of the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise., regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the. parties hereto. The parties have read and understand all of this Agreement, and now state that no representation promise, or agreement not expressed in this Agreement has been made to induce the parties to execute the same. Failure to enforce any term or condition in any one instance shall not be deemed waiver in other instance. This Agreement shall not be construed to favor any party. Section 12: FiLiNG OF THE AGR,EEVIENT. The City of Spokane and Signatory Regional City shall file this Agreement with the respective City Clerks and the City shall file this Agreement with the Spokane County Auditor and Secretary of State. Section 13: SEVERABILITY. In the event any provision of this Agreement shall he declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. Section 14: EFFECTIVE DATE. This Agreement shall become effective immediately after it is duly adopted by the Board of Spokane County Commissioners, and the Councils of the Cities of Spokane and the Signatory Regional City. IN WITNESS WHEREOF each of the parties have executed this Agreement by their duly authorized officials. DATED this day of , 2003. CITY OF SPOKANE By: Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 10 ATTEST: Terri Pfister City Clerk Approved as to Form: Robert Bcaumier Assistant City Attorney John Powers, Mayor Jack Lynch City Administrator Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 1.1. ADOPTED by the Board of County Commissioners of Spokane County, Washington this day of , 2003. ATTEST: VICKY M. DALTON CLERK OF THE BOARD By: Daniela Erickson, Deputy M. Kate McCaslin, Commissioner ATTEST: APPROVED: Daniela Erickson Francine Boxer Clerk of the Board Chief Executive Officer Approved as to Form: James P. Emacio Chief Civil Deputy Prosecuting Attorney John Roskelley Phillip D. Harris, Chair Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 12 DATED this day of . 2003. City of Spokane Valley, WA Signatory Regional City 13y: City Manager Attest: City Clerk Approved as to form: City Attorney