HomeMy WebLinkAbout02-01-10 Council Meeting
Arlington City Council
February 1, 2010 - 7 PM
City Council Chambers
110 E. Third
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
-Proclamation for Career and Technical Education (CTE) month ATTACHMENT A
and recognition of local students participating in CTE programs
PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on the agenda.
Please limit remarks to three minutes
CONSENT AGENDA
1. Minutes of the January 19 & 25, 2010 meetings ATTACHMENT B
2. Accounts Payable
PUBLIC HEARING
UNFINISHED BUSINESS
NEW BUSINESS
1. Selection of Mayor ProTem
2. Graafstra Property Acquisition ATTACHMENT C
3. Ordinance adopting Natural Gas Use Tax ATTACHMENT D
4. Ordinance adopting revision to AMC 2.40.010 with respect to ATTACHMENT E
youth representation
5. Ordinance adopting revisions to AMC Title 8 ATTACHMENT F
6. Ordinance adopting revisions to AMC Title 9 ATTACHMENT G
DISCUSSION ITEMS
INFORMATION
MAYOR’S REPORT
ADMINISTRATOR & STAFF REPORTS
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To download all attachments, click here
CITY OF ARLINGTON
PROCLAMATION
WHEREAS, the month of February has been designated Career and Technical Education
Month by the Association for Career and Technical Education; and
WHEREAS, profound economic and technological changes in our society are rapidly reflected
in the structure and the nature of work, thereby placing new and additional responsibilities on our
educational system; and
WHEREAS, career and technical education provides American with a school-to-careers
connection and is the backbone of a strong, well-educated workforce, which fosters productivity in
business and industry and contributes to America’s leadership in the international marketplace; and
WHEREAS, career and technical education gives high school students experience in practical,
meaningful applications of skills such as reading, writing and mathematics, thus improving the quality
of their education, motivating potential dropouts and giving all students leadership opportunities in
their fields and in their communities; and
WHEREAS, career and technical education offers individual lifelong opportunities to learn
new skills, which provide them with career choices and potential satisfaction; and
WHEREAS, the ever-increasing cooperative efforts of career and technical educators,
business and industry stimulate the growth and vitality of our local economy and that of the entire
nation by preparing graduates for career fields forecast to experience the largest and fastest growth in
the next decade;
NOW THEREFORE, I, Margaret Larson, Mayor of the City of Arlington, Washington do hereby
proclaim February 1 – 28, 2010, as
Career and Technical Education Month
in Arlington and urge all citizens to become familiar with the services and benefits Arlington is
offered by the career and technical education programs in this community and to support and
participate in these programs to enhance their individual work skills and productivity.
Signed this _____ day of February, 2010.
_________________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third
January 19, 2010
City Council Members Present by Roll Call: Dick Butner, Sally Lien, Linda Byrnes, Marilyn Oertle,
Chris Raezer, Scott Solla, and Steve Baker
Council Members Absent: There were no Councilmembers absent.
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, David Kuhl, Bill
Blake, Vic Ericson, Julie Good, Paul Ellis, Jan Bauer, Steve Peiffle – City Attorney
Also Known to be Present: Walt Riebe and Planning Commissioner Jim Thompson
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
APPROVAL OF THE AGENDA
Marilyn Oertle moved to approve the Agenda. Sally Lien seconded the motion which passed with a
unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Mayor Larson noted the presence of many Arlington High School students, and she welcomed them.
PUBLIC COMMENT
There was no one in the audience who wished to speak to matters not on the Agenda.
CONSENT AGENDA
Marilyn Oertle moved and Sally Lien seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
1. Minutes of the January 4, 2010 and January 11, 2010 meetings
2. Accounts Payable
Claims Checks #59227 through #59362 in the amount of $584,252.13, and
Payroll Checks #59363 through #59401 in the amount of $461,891.18
3. Extension of Personal Services Agreement with K Hale
PUBLIC HEARING
Continued Public Hearing - Land Use Code Text Amendments - Technical Text Amendments for
Clarification Purposes as well as New Selections to Include Administrative Conditional Use
Permits (CUPs) for Special Events and CUPs for Homeless Encampments
Community Development Director David Kuhl noted that changes made to the Land Use Code Text
Amendments by the Planning Commission had been incorporated into this document. He then briefly
addressed the proposed Administrative Conditional Use Permits for Special Events and Homeless
Encampments.
At 7:08PM the Public Hearing was opened for public comment, and with no one wishing to speak, the
Public Hearing was immediately closed.
Mr. Kuhl and City Attorney Steve Peiffle answered Council questions.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT January 19, 2010
Page 2 of 2
Steve Baker moved to approve the Ordinance amending AMC Title 20, making minor technical
amendments to the Land Use Code, and adding new Land Use Code Chapters 20.44.035 and 20.44.037.
Sally Lien seconded the motion that passed with a unanimous vote.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
Acceptance of Utilities Easements from Stillaguamish Senior Center
Public Works Director Jim Kelly gave the background and reasons for the Easement request.
Dick Butner moved to approve the acceptance of the Stillaguamish Center Utilities Easements. Scott
Solla seconded the motion that passed with a unanimous vote.
Ordinance Amending Arlington Municipal Code Section 2.44.040 Regarding the Location of
Airport Commission Meetings
Assistant City Administrator Kristin Banfield asked for Council adoption of the Ordinance and a brief
discussion followed.
Marilyn Oertle moved to amend the Arlington Municipal Code Section 2.44.040 regarding the location of
Airport Commission meetings. Chris Raezer seconded the motion that passed with a unanimous vote.
MAYOR’S REPORT
Mayor Larson had no report, but stated she was happy to be back.
CITY COUNCIL COMMITTEE REPORTS
Dick Butner, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker gave brief reports,
while Sally Lien had nothing to report at this time.
Mr. Peiffle reminded Councilmembers about the upcoming Council retreat.
EXECUTIVE SESSION
City Attorney Steve Peiffle announced that the City Council would go into Executive Session for
approximately 40 minutes to discuss real estate lease or purchase or price [RCW 42.30.110(1)(b)-(c)] and
a pending or potential litigation [RCW 42.30.110(1)(i)] with no action to be taken during or after the
Session.
At 7:29PM the meeting was adjourned into Executive Session, and at 8:10PM the meeting was resumed
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:10PM.
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third
January 25, 2010
City Council Members Present: Dick Butner Sally Lien, Linda Byrnes, Marilyn Oertle, Chris Raezer,
and Steve Baker
Council Members Absent: Scott Solla (excused)
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Roxanne Guenzler,
Police Chief Robert Sullenberger, Police Officer Bryan DeWitt, Fire Chief Jim Rankin, Fireman Doug
Schmidt, Paul Ellis, Bill Blake, Julie Good, Jan Bauer, and Steve Peiffle – City Attorney
Also Known to be Present: Dennis Kelly – Arlington Police Department Volunteer Coordinator, Barbara
Tolbert – EMS Levy Chair, Gale Fiege – Everett Herald, George Boulton, Michael Prihoda, Hank and
Betty Graafstra, and Peter Selvig
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
APPROVAL OF THE AGENDA
Marilyn Oertle moved to approve the Agenda. Sally Lien seconded the motion which passed with a
unanimous vote.
WORKSHOP ITEMS – NO ACTION WAS TAKEN
Introduction of Dennis Kelly, Arlington Police Department Volunteer Coordinator
Police Chief Robert Sullenberger introduced Dennis Kelly, Arlington’s new Police Department Volunteer
Coordinator, noting the qualifications needed for the volunteer job, and what his duties are projected to
be. Mr. Kelly then addressed those in attendance.
EMS Levy Presentation (Barbara Tolbert)
Barbara Tolbert and Chief Rankin spoke to the renewal of the Emergency Management Services Levy
which Ms. Tolbert was elected to head. She noted that the present levy is scheduled to expire in 2011
and suggested promoting a Permanent EMS Levy, which she explained and stated would not exceed the
present EMS tax. Passage of the Levy would require a 60% majority vote. Ms. Tolbert and Chief Rankin
then answered Council questions. Ms. Tolbert asked that the Council endorse, with a Resolution, this
committee going forward for the November election. The Resolution must be submitted by August 8,
2010.
Graafstra Lowlands Property Purchase
Natural Resources Manager Bill Blake, along with Hank and Betty Graafstra, presented purchase of the
135.8 acre Graafstra Lowlands. With the use of an overhead projection, an area map of the Graafstra
property was viewed by those in attendance. Mr. Blake gave a benchmark summary of the area
acquisition and then answered Council questions. A brief discussion followed.
Natural Gas Use Tax
Finance Director Jim Chase noted that there are those in the City who are purchasing natural gas from a
broker who does not pay tax for the gas which is taxable when used within the City limits. Mr. Chase
answered Council questions and stated that this item has been reviewed and has met with approval by
the City Attorney. He is asking for adoption of a Natural Gas Use Tax.
Minutes of the Arlington
City Council Workshop Meeting
Minutes of the City of Arlington City Council Meeting DRAFT January 25, 2010
Page 2 of 2
Financial Report for 4th Quarter of 2009
With the use of a power point presentation Mr. Chase gave a City of Arlington Financial Report for the 4th
Quarter of 2009. Throughout his presentation he answered Council questions.
Review of AMC Title 10
Assistant City Administrator Kristin Banfield addressed some of the changes in the Arlington Municipal
Code, Title 10, related to parking regulations, traffic regulations, and the commute trip reduction program.
Throughout the presentation Ms. Banfield and Mr. Peiffle answered Council questions, many in regard to
parking within the downtown area.
The meeting was adjourned at 8:20PM.
_______________________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #2
ATTACHMENT C
COUNCIL MEETING DATE:
February 1, 2010
SUBJECT:
Authorization for the Mayor to sign the final
purchase and sale agreement and SRFB grant
Deed of Right, for the Graafstra Lowlands.
DEPARTMENT OF ORIGIN:
Community Development
ATTACHMENTS:
1. Country Charm Conservation Area map
2. Purchase and Sale Agreement
3. Memo initializing the action to pursue acquisition
EXPENDITURES REQUESTED: Down Payment $800,000.00
Contract Amount $3, 200,00.00
BUDGET CATEGORY: Graafstra Purchase/Park Funds/SRFB grant
LEGAL REVIEW: Completed
DESCRIPTION:
Acquisition of floodplain portions of Graafstra/Country Charm Dairy Farm, including all water
rights associated with the floodplain and upland portions of the Graafstra properties. The
attached Purchase and Sale Agreement outlines the mechanisms of the acquisition.
HISTORY:
The City has been negotiating with the Graafstra family for close to five years to acquire the
floodplain portions of the farm to implement the Country Charm Conservation Area and Park
plan. The attached March 31, 2006 memo outlines the actions necessary to pursue the
acquisition. The only action not completed is the annexation process that will most likely occur
in the near future.
ALTERNATIVES:
1. Do not approve acquisition of Country Charm Conservation Area (Graafstra Lowlands)
2. Approve the acquisition of Country Charm Conservation Area with conditions.
RECOMMENDED ACTION:
I move to authorize the Mayor to sign the SRFB grant Deed of Right and final Purchase and Sale
Agreement with the Graafstra family for the acquisition of the Country Charm Conservation
Area.
Sports Fields withPerimeter Trail
Off Leash Area
Parking
FishingPond
SeasonalCampground
Safe SwimArea
CommunityGarden
Wetland/FloodplainHabitat Area with Trails150'Buffer
Buffer
Trail System Buffer
35.2
37.9
2.7
8.3
5.6
1.8
Upland Area
"
City of Ar lington
Scale:
Date:
File Name:
Drwn By:10/19/2009 JM/LB
CountryCharm_8.5X11.mxd
City LimitsArlington UGAGraafstra BufferProposed Trail
1 inch = 600 feet
Country Charm Conser vation Ar ea
Buffer Area Aprox. 38.69 Acres
Maps and GIS data are distributed “AS-IS” without war ranties of any kind, either express or implied, including but not limited to war ranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain err ors and users who r ely upon the information do so at their own risk. Users agree to indemnify, defend, and hold har mless the City of Arlington for any and all liability of any natur e arising out of or resulting from the lack of accuracy or cor rectness of the data, or the use of the data presented in the maps.
Aeri al Photo(200 7) from Snohomi sh Co. De pt of Informa tion Systems, GIS datase t. OHWM a nd Buffer Line from Axis Survey and Mappi ng, Kirkl and WA
Graafstra Farm (Country Charm Conservation Area) Acquisition
138.5 Acres
Benchmark Summary
In 1995 the Graafstra property was included in the Arlington UGA.
Year 2001 - The lowlands were identified as having public benefit to the Citizens of Arlington in
a draft Capital Project Improvement (CPI) planning document prepared by Natural Resources.
2005- Based on the CPI information the City coordinated with Williams Pipeline Company and
Graafstra family on a conservation easement purchase of 12 wetland acres as mitigation for
stream and wetland impacts for pipeline project. The City of Arlington identified as steward on
conservation easement May 2006.
November 2005 - The appraisal completed by Williams Pipeline established values for both the
lowland ($4,005,495) and upland ($2,880,360) portions of the Graafstra farm. Mayor requests
investigation into options for purchase.
April 2006 – Council Governmental Operation Committee advise to move forward on purchase.
Summer 2006 - The Graafstra family signed a landowner agreement for the City to apply for a
Salmon Funding Recovery Board (SRFB) grant for $274,000 to assist in the purchase of a portion
of the lowland property. The SRFB only allowed salmon funding to be used on purchase of the
Graafstra Farm Buffer Area (GFBA). Requirements for the grant included a survey and legal
description of the GFBA, it was necessary to complete a Boundary line adjustment (BLA)
separating the lowland parcels of the farm from the upland. Grant deadline to use funds was
September 2009.
Discussed at Council Retreat 2007- suggest we start saving parks mitigation fees for purchase
(Per Kathy P. memo total funding available $814,315).
Winter 2007/2008 – Graafstra zoning change from residential to Public/Semi-public was
submitted as a Comprehensive Plan amendment (still pending). Utilities working on
establishing total water right.
Council Retreat May 2008 – Graafstra one of Planning priorities in top 10 list
Summer 2008 - The basic elements of the acquisition established. It was found to be mutually
beneficial for the water rights to go with the land rather than being negotiated as an additional
value, yet a general value of the water rights was recognized in the asking price for the land
based on the Williams pipeline appraisal. The Graafstras provided a list of local jurisdictions
making comparable park purchases to justify the asking price.
Council mini-retreat April 2009– Council places Graafstra acquisition as one of top 10 priorities
Fall 2009 – The Purchase and Sale Agreement was completed over a 3-month exchange of draft
versions. The BLA was completed, but needed signatures from Haller Point representatives.
The Haller Point representatives finally signed the final BLA documents with Snohomish County
December 31, 2009.
February 2010 – if Council approves the Mayor to sign Purchase and Sale agreement and Deed
of Right for the SRFB grant the City can meet the deadline of March 2010 to access the
$274,000 grant and utilize the water rights within the mandatory 5- year use it or lose it rule.
Advantages /Possibilities for the Graafstra Property that would enhance the lives of the
people of Arlington
1. Documented Water Rights
2. Can develop a variety of sports and recreation fields right in town
3. The first Campground in town for visitors to stay shop
4. Over a mile of river frontage added to our Riverfront experience
5. Several beaches for swimming, including a safer shallow swim area
6. Large area for Community Garden
7. Large area for off-leash pet area
8. Nature trails
9. Fishing pond for children similar to the historic Pioneer Pond activities
10. Large block of land in one unit for easier management
11. Already in Growth Management Area and easy to annex
12. Pump and well already down in area near campground (eventually go to City water)
13. Wild life viewing from above or along the riparian area
14. Environmental Education area close to schools and population center
15. Volunteer project opportunities with pet area, garden, campground, fish pond, buffer
16. Open space to support activities with large numbers of people
17. Share the Country Charm and Character of today with future generations
Page 1 of 1
City Of Arlington Development Services
Permit Assistance and Community Resources
Memorandum
TO: Allen Johnson
FROM: Bill Blake, PACR Manager
CC: Brad Collins
DATE: March 31, 2006
SUBJECT: Graafstra Conservation Easement, and acquisition
Hi, I thought I would put together a short description of the Country Charm project to be
shared with the appropriate Council Committee(s).
Conservation Easement: The City Community Resources division has been coordinating
with Graafstra’s, Williams Pipeline and the Stilly/Snohomish Fisheries Enhancement Task
force on conserving and restoring an area of wetland that was negotiated as mitigation for
Williams pipeline expansion project. I recommend the City accept the conservation
easement over the wetland area with benefits that include stormwater, open space and
wildlife habitat. This was developed with the understanding that the City was going to
someday be managing the entire Country Charm Conservation Area.
Country Charm Conservation Area: The Country Charm Dairy is going to be closing in
April. The City has been coordinating with the Graafstra Family over the past year to
develop a strategy where the City can purchase the floodplain bottomland for recreation
purposes. The upland portion of the farm will remain in Graafstra’s ownership and begin
the process of annexing in to the City and developing a mix of low density and high density
residential. Proposed activities on the lower floodplain recreation area include: Ball fields,
hiking trails, seasonal campground, fishing pond, off-leash pet area, community garden,
safer swimming beach and improved wildlife habitat.
Items for discussion:
Water rights include about 1 million gallons a month – Time sensitive.
We could begin purchase process now by having an appraisal done on the lower property.
They would like to begin the annexation process as soon as possible.
Graafstra’s are open to discussing a contract over time for purchase.
If we put together a purchase strategy there is the possibility of Grant assistance.
Major improvements to an old farm road would have to be installed to gain access to the
lower recreation area while not impacting the new residential area.
Basics of Purchase and Sale Agreement:
Total asking and purchase price of $5,000,000
Gift back from Graafstra’s of $1,000,000
Total Purchase price $4,000,000
Down payment of $800,000, including proceeds from SRFB grant, including escrow
Terms on remaining balance of $3,200,000 include payment of interest only (4.75% interest rate) for a period
of 10 years, with the balance amortized over twenty (20) years.
Conditions of the sale include:
All water rights including the upland are conveyed to the City
A recorded access easement across the upland will be conveyed to the City
Parcel 3 (9 acres) will be dedicated to the City at a later date within 5-years of closing as the Graafstra
residence is currently located on Parcel 3. In exchange for this dedication of 9-acres of bottomland the City
agrees to assign a park mitigation credit for up to 150 units as were shown in the Haller Point Open Houses.
TOTAL 4.75%BALANCE
YEAR PAYMENT PRINCIPAL INTEREST REMAINING
3,200,000.00
2011 152,000.00 - 152,000.00 3,200,000.00
2012 152,000.00 - 152,000.00 3,200,000.00
2013 152,000.00 - 152,000.00 3,200,000.00
2014 152,000.00 - 152,000.00 3,200,000.00
2015 152,000.00 - 152,000.00 3,200,000.00
2016 152,000.00 - 152,000.00 3,200,000.00
2017 152,000.00 - 152,000.00 3,200,000.00
2018 152,000.00 - 152,000.00 3,200,000.00
2019 152,000.00 - 152,000.00 3,200,000.00
2020 152,000.00 - 152,000.00 3,200,000.00
2021 251,361.50 99,361.50 152,000.00 3,100,638.50
2022 251,361.50 104,081.17 147,280.33 2,996,557.33
2023 251,361.50 109,025.03 142,336.47 2,887,532.30
2024 251,361.50 114,203.72 137,157.78 2,773,328.59
2025 251,361.50 119,628.39 131,733.11 2,653,700.19
2026 251,361.50 125,310.74 126,050.76 2,528,389.45
2027 251,361.50 131,263.00 120,098.50 2,397,126.45
2028 251,361.50 137,497.99 113,863.51 2,259,628.46
2029 251,361.50 144,029.15 107,332.35 2,115,599.31
2030 251,361.50 150,870.53 100,490.97 1,964,728.78
2031 251,361.50 158,036.88 93,324.62 1,806,691.89
2032 251,361.50 165,543.63 85,817.87 1,641,148.26
2033 251,361.50 173,406.96 77,954.54 1,467,741.30
2034 251,361.50 181,643.79 69,717.71 1,286,097.51
2035 251,361.50 190,271.87 61,089.63 1,095,825.65
2036 251,361.50 199,309.78 52,051.72 896,515.86
2037 251,361.50 208,777.00 42,584.50 687,738.87
2038 251,361.50 218,693.90 32,667.60 469,044.96
2039 251,361.50 229,081.86 22,279.64 239,963.10
2040 251,361.35 239,963.10 11,398.25 (0.00)
REAL ESTATE AND WATER RIGHT PSA 1
REAL ESTATE AND WATER RIGHT PURCHASE AND SALE AGREEMENT
This REAL ESTATE AND WATER RIGHT PURCHASE AND SALE AGREEMENT
(this "Agreement") is entered into as of the ______ day of __________________, 20092010,
between HENRY GRAAFSTRA and BETTY GRAAFSTRA, husband and wife ("Seller"), and
the CITY OF ARLINGTON, WASHINGTON, a municipal corporation ("Buyer").
NOW, THEREFORE, in consideration of the respective agreements set forth below and
for valuable consideration, the receipt and sufficiency of which is acknowledged, Seller and
Buyer agree as follows:
1. PROPERTY Seller agrees to sell and convey to Buyer and Buyer agrees to purchase
from Seller, subject to the terms and conditions set forth in this Agreement, the following
Real Property located in Snohomish County, Washington, more particularly described as
follows:
See Attached Exhibit "A"
together with all of Seller's right, title and interest in and to any rights, licenses,
privileges, reversions and easements pertinent to the real property, including all water
rights appurtenant to the property (the “Property”).
In addition to the foregoing, and for no additional consideration, Seller agrees to grant to
Buyer an access easement over and across the Seller’s property described in the attached
Exhibit “B”, with the location of the access easement to be as described in Exhibit “B” or
as mutually agreed upon.
In addition to the foregoing, and for no additional consideration, Seller agrees to convey
to Buyer the water rights represented by Water Right Certificates No. 10024 and 5983, in
their entirety (the “Water Rights”). It is the intent of the parties that the conveyance of
the Water Rights shall convey to the Buyer all water rights held by the Seller, including
water rights appurtenant to the Real Property identified in Exhibits A and C, and water
rights appurtenant to the Real Property identified in Exhibit D (even though this property
is retained by the Seller).
In addition to the foregoing, Graafstra agrees to dedicate, within five years of the date of
closing, that portion of the property described in Exhibit “C” (Parcel 3) excluding the
residence contained thereon, consisting of approximately nine (9) acres, at no additional
consideration. In exchange, the City shall grant to Graafstra or their assigns a “credit”
towards the park dedication requirements of the Arlington Municipal Code applicable to
the development of the 19.48 acre property described in Exhibit “D”(Parcel 4). At
present, the parties agree that this credit would be equivalent to the dedication and impact
REAL ESTATE AND WATER RIGHT PSA 2
fee payments required under Arlington Municipal Code (AMC) 20.52.010 (Mini-parks),
AMC 20.52.030 (Open Space) and AMC 20.52.024/20.90.400 (Community Parks Impact
Fees) for the development of one hundred fifty (150) equivalent residential units of park
dedication on the property described in Exhibit “D” (Parcel 4). If Graafstra dedicates the
property prior to the development of Parcel 4, the City shall issue a “credit” in the form
of a written instrument which may be assigned by Graafstra to the purchaser or
purchasers of Lot 4 only and which may be used solely to meet the park dedication
requirements on the property described in Exhibit “D” (Parcel 4). The requirements of
this paragraph relating to Seller’s duty to dedicate and Buyer’s duty to grant a credit shall
survive closing of the sale of Parcels 2 and 5.
2. DEPOSIT AND PURCHASE PRICE.
A. Deposit Upon execution of this Agreement by both Seller and Buyer, Buyer shall
execute and deliver to First American Title Insurance Company in Seattle, Washington
("Escrow Agent"), as escrow agent for the closing of this transaction, a check (the
"Earnest Money") in the amount of One Thousand Dollars ($1,000.00). The Deposit will
be held by Escrow Agent for the benefit of the parties pursuant to the terms of this
Agreement. Interest will accrue on the Deposit for the benefit of Buyer; provided,
however, that if Buyer forfeits the Deposit to Seller pursuant to the terms of this
Agreement, then all interest accrued on the Deposit will be paid to Seller.
B. Purchase price The total purchase price for the Property (the "Purchase Price") will
be Four Million Dollars ($4,000,000.00), of which the Earnest Money is a part. The
Purchase Price, including the Earnest Money, will be paid to Seller in accordance with
the terms of Exhibit “E” (Payment Terms). The Buyers acknowledge that the negotiated
price for the property is Five Million Dollars ($5,000,000.00), and that the difference of
One Million Dollars between the negotiated value and the Purchase Price is to be
recognized as a gift or donation of property by Seller to Buyer.
3. TITLE TO REAL PROPERTY
(A) Conveyance At closing Seller shall convey to Buyer fee simple title to the Property
by duly executed and acknowledged statutory warranty deed (the "Deed"), free and clear
of all defects and encumbrances and subject only to those exceptions that Buyer approves
pursuant to Section 3(B) below (the "Permitted Exceptions"). Also at closing, Seller
shall provide a special warranty deed conveying the Water Rights to Buyer in the form
attached hereto as Exhibit “H”
(B) Preliminary commitment Buyer shall order a preliminary commitment for an
owner's standard coverage policy of title insurance (or, at Buyer's election, an owner's
extended coverage policy of title insurance) in the amount of the Purchase Price to be
issued by First American Title Company and accompanied by copies of all documents
referred to in the commitment (the "Preliminary Commitment"). Buyer shall advise Seller
REAL ESTATE AND WATER RIGHT PSA 3
by written notice what exceptions to title, if any, are disapproved by Buyer
("Disapproved Exceptions") within fifteen (15) business days of receipt of the
Preliminary Commitment and legible copies of all exceptions to title shown in the
Preliminary Commitment. All monetary encumbrances other than nondelinquent ad
valorem property taxes will be deemed to be disapproved. Seller will have ten (10) days
after receipt of Buyer's notice to give Buyer notice that (i) Seller will remove
Disapproved Exceptions or (ii) Seller elects not to remove Disapproved Exceptions. If
Seller fails to give Buyer notice before the expiration of the ten (10) day period, Seller
will be deemed to have elected not to remove Disapproved Exceptions. Notwithstanding
anything to the contrary in this Agreement, Seller shall remove from title on or before the
Closing Date all monetary encumbrances other than those approved by Buyer. If Seller
elects not to remove any nonmonetary Disapproved Exemptions, Buyer will have ten (10)
additional days to notify Seller of Buyer's election either to proceed with the purchase
and take the Property subject to those exceptions, or to terminate this Agreement. If
Seller gives notice that it will cause one or more nonmonetary exceptions to be removed
but fails to remove any of them from title on or before the Closing Date, Buyer will have
the right to either (i) elect to terminate this Agreement by written notice to Seller or (ii)
proceed with the purchase, with an abatement of the Purchase Price equal to the actual
cost of removing from title those exceptions not approved by Buyer, and to take the
Property subject to those exceptions. If Buyer elects to terminate this Agreement under
this Section 3(B), the escrow will be terminated, the Deposit must be returned
immediately to Buyer, all documents and other funds will be returned to the party who
deposited them, and neither party will have any further rights or obligations under this
Agreement except as otherwise provided in this Agreement. If this Agreement is
terminated through no fault of Seller, then Seller and Buyer shall share equally any costs
of terminating the escrow and any cancellation fee for the Preliminary Commitment.
(C) Title policy Seller shall cause Title Company to issue to Buyer at closing a standard
coverage owner's policy of title insurance insuring Buyer's title to the Property in the full
amount of the Purchase Price subject only to the Permitted Exceptions (the "Title
Policy"). The Title Policy must be dated as of the Closing Date.
4. CONDITIONS TO CLOSING
(A) Buyer's contingencies Buyer's obligation to purchase the Property is expressly
contingent upon the following:
(1) Survey Buyer's review and approval of any Survey required herein;
(2) Title Policy Buyer's receipt of Title Company's firm commitment to issue,
upon closing, the Title Policy as described in Section 3(C);
(3) Representations and warranties All of Seller's representations and
warranties contained in or made pursuant to this Agreement being true and correct
when made and as of the Closing Date;
(4) Seller's compliance Seller's timely performance of all of its obligations under
this Agreement; provided, Seller will be given notice of any failure on its part to
perform obligations pursuant to Seller's warranties made in Section 8(A) , and
REAL ESTATE AND WATER RIGHT PSA 4
will have a period of time that is reasonable under the circumstance to cure its
nonperformance.
(5) Due diligence materials Seller’s cooperation with Buyer to prepare, submit
and support Buyer’s application to the Department of Ecology for approval of a
change and transfer of the Water Rights. This duty to cooperate shall include the
duty to provide to the City or its authorized representatives all documents
prepared by Seller or Seller’s agents or representatives concerning the use, extent,
and validity of the Water Rights. The duties described herein shall survive
closing.
The foregoing conditions contained in Section 4(A)(1) through (5) are collectively
referred to in this Agreement as "Buyer's Contingencies."
(B) Satisfaction/waiver of Buyer's contingencies Buyer's Contingencies are solely for
the benefit of Buyer. If any of Buyer's Contingencies are not timely satisfied, Buyer will
have the right at its sole election either to waive any of them in writing and proceed with
the purchase or to terminate this Agreement. If Buyer elects to terminate this Agreement,
the escrow will be terminated, the Deposit must immediately be returned to Buyer, all
documents and other funds will be returned to the party who deposited them, and neither
party will have any further rights or obligations under this Agreement, except as
otherwise provided in this Agreement.
5. CLOSING
(A) Closing date This transaction will be closed in escrow by Escrow Agent. The closing
will be held at the offices of Escrow Agent on or before December April 30, 31,
20092010 (the "Closing Date"). If closing does not occur on or before the Closing Date,
or any later date mutually agreed to in writing by Seller and Buyer, Escrow Agent will
immediately terminate the escrow, forward the Deposit to the party entitled to receive it
as provided in this Agreement and return all documents to the party that deposited them.
(B) Closing
(1) Seller's escrow deposits On or before the Closing Date, Seller shall deposit
into escrow the following: (a) the duly executed and acknowledged Deed; (b) a
duly executed and completed Real Estate Excise Tax Affidavit; (c) a nonforeign
affidavit pursuant to Section 1445 of the Internal Revenue Code; (d) any other
documents, instruments, records, correspondence and agreements called for
hereunder that have not previously been delivered; (e) a duly executed special
warranty deed transferring the Water Rights to Buyer; and (f) keys to the
Property, if any.
(2) Buyer's escrow deposits On or before the Closing Date, Buyer shall deposit
into escrow the following: (a) cash in an amount sufficient to pay the Purchase
Price, plus Buyer's share of closing costs, (b) a duly executed and completed real
estate excise tax affidavit; (c) any other documents or instruments Buyer is
obligated to provide pursuant to this Agreement (if any) in order to close this
transaction, and (d) accurate duly executed Note and Deed of Trust in the form
attached as Exhibits “F” and “G”, together with any arbitrage certificates required
to show the tax-exempt nature of the obligation by the Buyer.
(3) Additional instruments and documentation Seller and Buyer shall each
REAL ESTATE AND WATER RIGHT PSA 5
deposit any other instruments and documents that are reasonably required by
Escrow Agent or otherwise required to close the escrow and consummate the
purchase and sale of the Property in accordance with this Agreement.
(C) Closing costs
(1) Seller's costs Seller shall pay the premium for a standard coverage owner's
policy of title insurance in the full amount of the Purchase Price, State of
Washington real estate excise taxes applicable to the sale, and one-half of Title
Company's escrow fee.
(2) Buyer's costs Buyer shall pay the additional premium, if any, attributable to
the extended coverage owner's policy of title insurance (if elected by Buyer) and
any endorsements required by Buyer, the cost of recording the Deed and one-half
of Title Company's escrow fee.
(D) Foreign Investment in Real Property Tax Act The parties agree to comply in all
respects with Section 1445 of the Internal Revenue Code and the regulations issued
thereunder (the "Regulations"). If Seller is not a "foreign person" (as defined in the
Regulations), Seller shall deliver to Buyer through escrow a nonforeign certificate as
prescribed by the Regulations, properly executed and in form and content satisfactory to
Buyer.
6. ADJUSTMENTS AND PRORATIONS The following adjustments and prorations will
be made as of the Closing Date (with Buyer either responsible for or entitled to a credit
for, as the case may be, the actual Closing Date):
(A) Property taxes All property taxes payable in the year of closing and assessments
approved by Buyer, if any, will be prorated as of the Closing Date.
7. SELLER'S COVENANTS
(A) Covenant to operate and maintain Prior to the Closing Date, Seller shall maintain,
repair, manage and operate the property in a businesslike manner in accordance with
Seller's prior practices and Seller shall not dissipate any portion of the Property.
8. REPRESENTATIONS AND WARRANTIES
(A) Seller's representations and warranties Seller represents and warrants to Buyer as
follows:
(1) Seller has full power and authority to convey the Property and Water Rights to
Buyer.
(2) Seller has not received notice of any special assessment or condemnation
proceedings affecting the Property.
(3) To the best of Seller's knowledge, there is no litigation pending or threatened
against Seller (or any basis for any claim) that arises out of the ownership of the
Property or the Water Rights and that might materially and detrimentally affect (i)
the use or operation of the Property or Water Rights for Buyer's intended use, or
(ii) the ability of Seller to perform its obligations under this Agreement, or (iii)
the value of the Property.
(4) Seller has received no notice of any failure of Seller to comply with any
applicable governmental requirements in respect of the use, occupation and
REAL ESTATE AND WATER RIGHT PSA 6
construction of the Property, including, but not limited to, environmental, fire,
health, safety, zoning, subdivision and other land use requirements that have not
been corrected to the satisfaction of the appropriate governmental authority, and
Seller has received no notice of, and has no knowledge of, any violations or
investigation relating to any such governmental requirement.
(5) Seller has received no notice of any default or breach by Seller under any
covenants, conditions, restrictions, rights of way or easements that may affect
Seller in respect to the Property or may affect the Property or any portion thereof
and no such default or breach now exists.
(6) There are no leases affecting any part of the Property other than those
delivered to Seller herewith and there are no written or oral promises,
understandings or agreements between Seller and any tenant that have not been
disclosed by Seller as part of the materials provided by Buyer.
(7) All of the representations, warranties and covenants of Seller contained in this
Agreement are true and correct as of the Effective Date and as of the Closing Date
and will survive the closing of the transaction contemplated by this Agreement.
(B) Buyer's representations and warranties Buyer represents and warrants to Seller as
follows:
(1) Buyer is a municipal corporation, duly organized and validly existing under
the laws of the state of Washington; this Agreement and all documents executed
by Buyer that are to be delivered to Seller at closing are, or at the time of closing
will be (a) duly authorized, executed and delivered by Buyer, (b) legal, valid and
binding obligations of Buyer, and (c) in compliance with all provisions of all
agreements and judicial orders to which Buyer is a party or to which Buyer is
subject.
9. HAZARDOUS MATERIAL
(A) Definitions
(1) Definition of "Environmental Laws" The term "Environmental Laws"
means any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health and the environment.
(2) Definition of "Hazardous Material" The term "Hazardous Material" means
any hazardous or toxic substance, material or waste, including, but not limited to,
those substances, materials and wastes listed in the United States Department of
Transportation Hazardous Materials Table (49 C.F.R. §§ 172.101) or by the
United States Environmental Protection Agency as hazardous substances (40
C.F.R. pt. 302 and amendments thereto) or in the Washington Hazardous Waste
Management Act (Ch. 70.105D RCW) or the Model Toxics Control Act (Chs.
70.105D RCW, 82.21 RCW), petroleum products and their derivatives, and such
other substances, materials and wastes as become regulated or subject to cleanup
authority under any Environmental Laws.
(B) Compliance with environmental laws Seller represents and warrants that:
(1) Seller has no actual knowledge of the release or presence of any Hazardous
Material on, in, from or onto the Real Property, other than that which may be the
result of normal and usual agricultural practices. Seller and Buyer both
REAL ESTATE AND WATER RIGHT PSA 7
acknowledge the existence of a manure lagoon on the property, which shall not be
considered Hazardous Material within the meaning of this section;
(2) To the best of Seller's actual knowledge, Seller has not received any notice of
any violation of any Environmental Laws;
(3) To the best of Seller's actual knowledge, no action has been commenced or
threatened regarding Seller's compliance with any Environmental Laws; and
(4) To the best of Seller's actual knowledge, no tanks used for the storage of any
Hazardous Material above or below ground are present or were at any time
present on or about the Real Property.
(C) Indemnification Seller agrees to defend (with counsel approved by Buyer), fully
indemnify and hold entirely free and harmless Buyer from and against all claims,
judgments, damages, penalties, fines, costs, liabilities or losses (including,
without limitation, sums paid in settlement of claims, attorneys' fees, consultant
fees and expert fees) that are imposed on, paid by or asserted against Buyer or its
successors or assigns, by reason or on account of, or in connection with, or arising
out of (1) the presence or suspected presence of Hazardous Material in the soil,
groundwater or soil vapor on or about the Real Property, or (2) the migration of
any Hazardous Material from or onto the Real Property, or (3) the violation of any
Environmental Law, and, with respect to (1), (2) and (3), that existed as of or
prior to the Closing Date and did so in violation of Seller's representations set
forth in Section 8(A) above.
10. POSSESSION Seller shall deliver possession of the Property to Buyer on the Closing
Date.
11. EVENTS OF DEFAULT
(A) By Seller If there is an event of default under this Agreement by Seller (including a
breach of any representation, warranty or covenant), Buyer will be entitled (1) in addition
to all other remedies available at law or in equity, to seek specific performance of Seller's
obligations under this Agreement or (2) to terminate this Agreement by written notice to
Seller and Escrow Agent. If Buyer terminates this Agreement, the escrow will be
terminated, the entire Deposit must immediately be returned to Buyer, all documents will
be immediately returned to the party who deposited them, and neither party will have any
further rights or obligations under this Agreement, except as otherwise provided in this
Agreement except that Seller shall pay any costs of terminating the escrow and any
cancellation fee for the Preliminary Commitment.
(B) By Buyer IN THE EVENT BUYER FAILS, WITHOUT LEGAL EXCUSE, TO
COMPLETE THE PURCHASE OF THE PROPERTY, THE EARNEST MONEY
DEPOSIT MADE BY BUYER WILL BE FORFEITED TO SELLER AS THE SOLE
AND EXCLUSIVE REMEDY AVAILABLE TO SELLER FOR SUCH FAILURE.
__________________ ______________________
Seller's Initials Buyer's Initials
REAL ESTATE AND WATER RIGHT PSA 8
12. NOTICES Any notice under this Agreement must be in writing and be personally
delivered, delivered by recognized overnight courier service or given by mail or via
facsimile. Any notice given by mail must be sent, postage prepaid, by certified or
registered mail, return receipt requested. All notices must be addressed to the parties at
the following addresses or at such other addresses as the parties may from time to time
direct in writing:
Seller: Henry Graafstra and Betty Graafstra
604 E. Gilman
Arlington, WA 98223
with a copy to ______________________________________
Buyer: City of Arlington
238 N. Olympic Avenue
Arlington, WA 98223
with a copy to: Bailey, Duskin, Peiffle & Canfield, P.S.
P. O. Box 188
Arlington, WA 98223
Any notice will be deemed to have been given, if personally delivered, when delivered,
and if delivered by courier service, one business day after deposit with the courier
service, and if mailed, two business days after deposit at any post office in the United
States of America, and if delivered via facsimile, the same day as verified, provided that
any verification that occurs after 5 p.m. on a business day, or at any time on a Saturday,
Sunday or holiday, will be deemed to have occurred as of 9 a.m. on the following
business day.
13. BROKERS AND FINDERS Neither party has had any contact or dealings regarding the
Property, or any communication in connection with the subject matter of this transaction,
through any licensed real estate broker or other person who can claim a right to a
commission or finder's fee as a procuring cause of the purchase and sale contemplated by
this Agreement. If any broker or finder perfects a claim for a commission or finder's fee
based upon any other contract, dealings or communication, the party through whom the
broker or finder makes his or her claim will be responsible for that commission or fee and
shall indemnify, defend and hold harmless the other party from and against any liability,
cost or damages (including attorneys' fees and costs) arising out of that claim.
14. AMENDMENTS This Agreement may be amended or modified only by a written
instrument executed by Seller and Buyer.
15. CONTINUATION AND SURVIVAL OF REPRESENTATIONS AND
WARRANTIES All representations and warranties by the respective parties contained in
REAL ESTATE AND WATER RIGHT PSA 9
this Agreement or made in writing pursuant to this Agreement are intended to and will
remain true and correct as of the time of closing, will be deemed to be material and will
survive the execution and delivery of this Agreement and the delivery of the Deed and
transfer of title. Such representations and warranties, however, are not assignable and do
not run with the land, except as may be expressly provided herein or contained in a
written instrument signed by the party to be charged.
16. GOVERNING LAW This Agreement will be governed by and construed in accordance
with the laws of the state of Washington.
17. ENTIRE AGREEMENT This Agreement and the exhibits to it constitute the entire
agreement between the parties with respect to the purchase and sale of the Property, and
supersede all prior agreements and understandings between the parties relating to the
subject matter of this Agreement.
18. ATTORNEY FEES If either party fails to perform any of its obligations under this
Agreement or if a dispute arises concerning the meaning or interpretation of any
provision of this Agreement, the defaulting party or the party not prevailing in the
dispute, as the case may be, shall pay any and all costs and expenses incurred by the other
party in enforcing or establishing its rights under this Agreement, including, without
limitation, court costs and reasonable attorney fees incurred in connection with any
federal, state or bankruptcy court proceeding.
19. TIME OF THE ESSENCE Time is of the essence of this Agreement.
20. EXCLUSIVITY Seller shall not market the Property actively unless Buyer elects not to
proceed with the purchase of the Property.
21. WAIVER Neither Seller's nor Buyer's waiver of the breach of any covenant under this
Agreement will be construed as a waiver of the breach of any other covenants or as a
waiver of a subsequent breach of the same covenant.
22. NONMERGER The terms and provisions of this Agreement, including, without
limitation, all indemnification obligations, will not merge in, but will survive, the closing
of the transaction contemplated under this Agreement.
23. ASSIGNMENT Buyer shall not assign this Agreement without Seller's prior written
consent, which consent may not be unreasonably withheld or delayed.
24. NEGOTIATION AND CONSTRUCTION This Agreement and each of its terms and
provisions are deemed to have been explicitly negotiated between the parties, and the
language in all parts of this Agreement will, in all cases, be construed according to its fair
meaning and not strictly for or against either party.
25. EXHIBITS The following exhibits are attached to and made a part of this Agreement by
REAL ESTATE AND WATER RIGHT PSA 10
this reference: Exhibit "A" (Legal Description of Property Dedicated—Parcels 2 and 5);
Exhibit “B” (Legal Description of Access Easement Area); Exhibit “C” (Legal
Description of Property to be Dedicated in Future--Parcel 3); Exhibit “D” (Legal
Description of Property Retained by Seller—Parcel 4); Exhibit “E” (Payment Terms);
Exhibit “F” (Promissory Note); Exhibit “G” (Deed of Trust); and Exhibit “H” (Special
Warranty Deed—Water Rights).
SELLER:
HENRY GRAAFSTRA and BETTY GRAAFSTRA
By:___________________________ Date:_________________________
Henry Graafstra
By:___________________________
Betty Graafstra
BUYER:
CITY OF ARLINGTON, WA
By:___________________________ Date:_________________________
Margaret Larson, Mayor
ATTEST:
By:___________________________
Kristin BanfieldKathy Peterson, City Clerk
Formatted: Left
REAL ESTATE AND WATER RIGHT PSA 11
EXHIBIT “A”—LEGAL DESCRIPTION OF PROPERTY DEDICATED--PARCELS 2 and 5
The legal descriptions shall be reviewed to ensure the authorized places of use for both water
rights certificates are included. ]
REAL ESTATE AND WATER RIGHT PSA 12
EXHIBIT “B”—LEGAL DESCRIPTION OF ACCESS EASEMENT AREA
REAL ESTATE AND WATER RIGHT PSA 13
EXHIBIT “C”— LEGAL DESCRIPTION OF PROPERTY TO BE DEDICATED IN
FUTURE—PARCEL 3
REAL ESTATE AND WATER RIGHT PSA 14
EXHIBIT “D”— LEGAL DESCRIPTION OF PROPERTY RETAINED BY SELLER—
PARCEL 4
REAL ESTATE AND WATER RIGHT PSA 15
EXHIBIT “E”—PAYMENT TERMS
The purchase price of Four Million and no/100 dollars ($4,000,000.00) shall be paid as follows:
1. Eight Hundred Thousand Dollars ($800,000.00) down, including earnest money, to
include the proceeds of a Salmon Recovery Funding Board grant obtained by Buyer;
2. Three Million Two Hundred Thousand Dollars ($3,200,000.00) in the form of a
promissory note in the form attached as Exhibit “F”, with interest at the rate of four and
three quarters percent (4.75%) per annum, payable interest only for the first ten years,
with the first interest payment due on or about ___________, 2010, with the balance
amortized over twenty (20) years and with a balloon payment twenty (20) years after the
date of closing; which note shall be secured by a Deed of Trust in the form attached as
Exhibit “G”.
REAL ESTATE AND WATER RIGHT PSA 16
EXHIBIT “F”—PROMISSORY NOTE
PROMISSORY NOTE
$3,200,000 Arlington,
Washington
___________________,
20092010
1. PROMISE TO PAY: The City of Arlington, WA, (hereinafter "Maker"), promise(s) to
pay HENRY GRAAFSTRA and BETTY GRAAFSTRA, husband and wife,(hereinafter
"Holder"), or order, Three Million Two Hundred Thousand Dollars ($3,200,000.00), with
interest from ________________, 20092010, on the terms and conditions set forth herein.
2. INTEREST RATE: The rate of interest on the unpaid balance of this Note shall be Four
and three quarters percent (4.75 %) per annum.
3. PAYMENT: Maker shall pay interest only payments in the sum of Twelve Thousand Six
Hundred Sixty-Six Dollars and Sixty-Seven Cents ($12,666.67), or more at Maker's option, on or
before the _____ day of _____________, 20092010, and the sum of Twelve Thousand Six
Hundred Sixty-Six Dollars and Sixty-Seven Cents ($12,666.67), or more at Maker's option, on or
before the same day of each succeeding calendar month for a period of One Hundred Nineteen
(119) months thereafter. Thereafter the Maker shall pay principal and interest payments of
Twenty Thousand Six Hundred Seventy-Nine Dollars and Sixteen Cents ($20,679.16), or more
at Maker's option, for the following one hundred twenty (120) months, at which timeuntil all
remaining principal and interest shall be due and payable. Maker agrees to pay interest on the
declining principal balance at the rate set forth in Paragraph 2 hereof, which interest shall be
deducted from each monthly installment and the balance applied in reduction of principal.
NOTWITHSTANDING THE FOREGOING, the remaining principal balance, together with all
accrued unpaid interest, if any, shall be due and payable in full on or before the _____ day of
___________________________, 2029.
The Maker reserves the right to prepay this Note (in whole or in part) prior to the due date with
no prepayment penalty at any time after the first one hundred twenty (120) payments.
4. DEFAULT INTEREST: This Note shall bear interest at the rate of seven percent (7.0%)
per annum after maturity, or upon default as further defined herein.
5. DEFAULT AND ACCELERATION: In the event that any payments required by this
Promissory Note are not paid when due and remain unpaid after a date specified by a notice to
Maker, or in the event that Maker violated any of the terms and conditions of the Deed of Trust
securing this Promissory Note, and such default remains uncured after the date specified by
REAL ESTATE AND WATER RIGHT PSA 17
notice to Maker, then the whole sum of both principal and interest shall become due and payable
at once without further notice at the option of the Holder hereof. The date specified shall not be
less than thirty (30) days from the date the notice is given to Maker.
6. ATTORNEY'S FEES: In the event that this Promissory Note is placed in the hands of an
attorney for collection, or if suit shall be brought to collect any of the principal or interest of this
Note, Maker shall pay a reasonable attorney's fee, in addition to all costs of collection and
expenses of suit.
7. WAIVER OF PRESENTMENT: Presentation for payment, notice of dishonor, protest
and notice of protest are hereby waived.
8. NON-WAIVER: Failure to exercise any right or option of Holder shall not constitute a
waiver of their right to exercise such right or option if Maker is in default hereunder.
9. SECURITY OF NOTE: This Promissory Note shall be secured by a Deed of Trust
granted by Maker to Holder of even date upon the real property described therein. Reference is
made to such Deed of Trust for further rights of acceleration of the indebtedness evidenced by
this Promissory Note.
10. EXECUTION AS PRINCIPAL: Each Maker of this Note executes the same as a
principal and not as surety.
11. APPLICABLE LAW: This Promissory Note shall be governed by and construed and
enforced in accordance with the Laws of the State of Washington.
12. NOTICES: All notices, demands, requests, consents, approvals and other instruments
required or permitted to be given pursuant to the terms of this Promissory Note or Deed of Trust
securing this Note shall be in writing and shall be deemed to have been properly given if sent by
registered or certified mail, postage prepaid, return receipt requested, to the addresses set forth
below:
a. To Maker: CITY OF ARLINGTON
238 N. Olympic Avenue
Arlington, WA 98223
b. To Holder: HENRY AND BETTY GRAAFSTRA
604 E. Gilman
Arlington, WA 98223
Provided, however, that such address may be changed upon five (5) days written notice thereof
given to the other party. Such notice, demand, request, consent, approval or other instrument
shall have been deemed to have been served on the third (3rd) day following the date of mailing.
Maker:
REAL ESTATE AND WATER RIGHT PSA 18
CITY OF ARLINGTON, WA
By:________________________________
Margaret Larson, Mayor
REAL ESTATE AND WATER RIGHT PSA 19
EXHIBIT “G”—DEED OF TRUST
AFTER RECORDING, RETURN TO: SPACE FOR RECORDER'S USE
BAILEY, DUSKIN, PEIFFLE & CANFIELD, P.S.
P.O. BOX 188
ARLINGTON, WA 98223
OUR FILE NO.
DEED OF TRUST
(For Use in the State of Washington Only)
GRANTOR(S) (Borrower): (1) CITY OF ARLINGTON
(2)
(3)
GRANTEE(S) (Secured Party): (1) HENRY GRAAFSTRA
(2) BETTY GRAAFSTRA
GRANTEE(S) (Trustee): FIRST AMERICAN TITLE INSURANCE COMPANY, INC.
TAX PARCEL #:
LEGAL (ABBREVIATED):
THIS DEED OF TRUST, made this _______ day of_____________ , 20092010 between
GRANTORS, whose address is 238 N. Olympic Avenue, FIRST AMERICAN INSURANCE COMPANY,
INC., TRUSTEE, whose address is _________________________________, and HENRY AND BETTY
GRAAFSTRA, husband and wife, BENEFICIARY, whose address is 605 N. Alcazar, Arlington, WA
98223;
WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of
sale, the following described real property in , Washington:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
REAL ESTATE AND WATER RIGHT PSA 20
together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging
or in any wise appertaining, and the rents, issues and profits thereof.
This Deed is for the purpose of securing performance of each agreement of Grantor herein
contained, and payment of the sum of Three Million Two Hundred Thousand Dollars ($3,200,000.00) with
interest, in accordance with the terms of a Promissory Note of even date herewith, payable to Beneficiary
or order, and made by Grantor and all renewals, modifications and extensions thereof, and also such
further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or
assigns, together with interest thereon at such rate as shall be agreed upon.
To protect the security of this Deed of Trust, Grantor covenants and agrees:
1. To keep the property in good condition and repair; to permit no waste thereof; to complete any
building, structure or improvement being built or about to be built thereon; to restore promptly any
building, structure or improvement thereon which may be damaged or destroyed; and to comply with all
laws, ordinances, regulations, covenants, conditions and restrictions affecting the property.
2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property
free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust.
3. To keep all buildings now or hereafter erected on the property described herein continuously insured
against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of
Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may
approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the
Grantor. The amount collected under any insurance policy may be applied upon any indebtedness
hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary
shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of
foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the
foreclosure sale.
4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of
Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's
fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to
foreclose this Deed of Trust.
5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of
the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually
incurred, as provided by statute.
6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens,
encumbrances or other charges against the property hereinabove described, Beneficiary may pay the
same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be
added to and become a part of the debt secured in this Deed of Trust.
IT IS MUTUALLY AGREED THAT:
1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the
entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured
hereby, shall be paid to Beneficiary to be applied to said obligation.
2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its
right to require prompt payment when due of all other sums so secured or to declare default for failure to
so pay.
REAL ESTATE AND WATER RIGHT PSA 21
3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person
entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the
obligation secured and written request for reconveyance made by the Beneficiary or the person entitled
thereto.
4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of
any agreement contained herein, all sums secured hereby shall immediately become due and payable at
the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the
trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to
the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the
proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and
attorney's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be
distributed to the persons entitled thereto.
5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the
purchaser the interest in the property which Grantor had or had the power to convey at the time of his
execution of this Deed of Trust, and such as he may have acquired thereafter. Trustee's deed shall recite
the facts showing that the sale was conducted in compliance with all the requirements of law and of this
Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence
thereof in favor of bona fide purchaser and encumbrancers for value.
6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of
Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a
mortgage.
7. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in
writing a successor trustee, and upon the recording of such appointment in the mortgage records of the
county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of
the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other
Deed of Trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party
unless such action or proceeding is brought by the Trustee.
8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but
on their heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall
mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein.
CITY OF ARLINGTON
____________________________________________
By Margaret Larson, Mayor
REAL ESTATE AND WATER RIGHT PSA 22
STATE OF WASHINGTON )
:ss
COUNTY OF SNOHOMISH )
On this day personally appeared before me Margaret Larson, to me known to be the
Mayor of the City of Arlington, the municipal corporation described in and who executed the within and
foregoing instrument, and acknowledged that he/she signed the same as the free and voluntary act and
deed of said municipal corporation for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of ______________,
20092010.
__________________________________________
NOTARY PUBLIC in and for the State of
Washington, residing at _________________.
My commission expires:________
Name: ________________________
REQUEST FOR FULL RECONVEYANCE
Do not record. To be used only when note has been paid.
TO: TRUSTEE
The undersigned is the legal owner and holder of the note and all other indebtedness secured by
the within Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust,
has been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any
sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all
other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with
the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said
Deed of Trust, all the estate now held by you thereunder.
DATED ____________________, 20____
__________________________________________
23
EXHIBIT “H”—SPECIAL WARRANTY DEED (WATER RIGHTS)
RETURN ADDRESS:
Bailey, Duskin, Peiffle & Canfield, P.S.
P. O. Box 188
Arlington, Washington 98223
DOCUMENT TITLE(S) (or transactions contained therein):
Special Warranty Deed (Water Rights)
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED: N/A
Additional reference #s on page ___ of document(s)
GRANTOR(S) (Last name first, then first name and initials)
GRAAFSTRA, HENRY and GRAAFSTRA, BETTY, husband and wife
Additional names on page ___ of document
GRANTEE(S) (Last name first, then first name and initials)
CITY OF ARLINGTON, a municipal corporation of the State of Washington
Additional names on page ___ of document
LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range)
Lots 2 through 5, BLA No. ____________, within Sec. 1, T31N, R5E W.M.
Additional legal is on Exhibit A of document
ASSESSOR’S PROPERTY TAX PARCELS/ACCOUNT NUMBERS
[ADD]
Assessor Tax # not yet assigned
24
SPECIAL WARRANTY DEED
(Water Right)
GRANTORS, HENRY GRAAFSTRA and BETTY GRAAFSTRA, husband and wife,
for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, hereby grant, bargain, sell, convey, and confirm to GRANTEE, CITY OF
ARLINGTON, a municipal corporation of the State of Washington, the following described water
rights (the "Water Rights"), situated in Snohomish County, Washington:
Certificate of Surface Water Right No. 5983, issued for an instantaneous quantity of 0.25
cubic feet per second for irrigation of 25 acres from the South Fork Stillaguamish River,
with priority date August 30, 1951, appurtenant to the real property more particularly
described on Exhibit A attached hereto and incorporated herein; and
Certificate of Surface Water Right No. 10024, issued for an instantaneous quantity of
0.58 cubic feet per second and 120 acre-feet per year for irrigation of 60 acres and 0.02
cubic feet per second and 5 acre-feet per year for stockwatering from the South Fork
Stillaguamish River, with priority date March 29, 1965, appurtenant to the real property
more particularly described on Exhibit A attached hereto and incorporated herein.
The Grantors for themselves and for their successors in interest do by these presents
expressly limit the covenants of the deed to those herein expressed, and exclude all covenants
arising or to arise by statutory or other implication, and do hereby covenant that against all
persons whomsoever lawfully claiming or to claim by, through or under said Grantors and not
otherwise, they will forever warrant and defend the above-described Water Right in the quiet and
peaceable possession of Grantee and its successors and assigns.
DATED this ______ day of ________________, 20092010.
GRANTORS:
_______________________________ ___________________________________
HENRY GRAAFSTRA BETTY GRAAFSTRA
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that HENRY GRAAFSTRA is the person
who appeared before me, and acknowledged that he signed this instrument, on oath stated that he
25
was authorized to execute the instrument and acknowledged it to be his free and voluntary act
and deed, for the uses and purposes mentioned in the instrument.
GIVEN under my hand and official seal this _______ day of ____________, 20092010.
Signature: __________________________________
Name (Print): _______________________________
NOTARY PUBLIC in and for the State
of Washington, residing at _____________________
My appointment expires: ______________________
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
I certify that I know or have satisfactory evidence that BETTY GRAAFSTRA is the person
who appeared before me, and acknowledged that she signed this instrument, on oath stated that
she was authorized to execute the instrument and acknowledged it to be her free and voluntary
act and deed, for the uses and purposes mentioned in the instrument.
GIVEN under my hand and official seal this _______ day of ________________,
20092010.
Signature: __________________________________
Name (Print): _______________________________
NOTARY PUBLIC in and for the State
of Washington, residing at _____________________
My appointment expires: ______________________
26
EXHIBIT A
Portions of Section 1, Township 31 North, Range 5 East, W.M.
Certificate of Surface Water Right No. 5983:
BEGINNING at a point 990 feet east of the southwest corner of Lot 5, thence north to river
bank; thence southerly along said bank to point west of point of beginning; thence east to point
of beginning, Section 1, Township 31 North, Range 5 East, W.M.
BEGINNING at the southwest corner of Section 1, Township 31 North, Range 5 East, W.M.,
thence north 2°51’10” east along west line of section, 1337.37 feet to point of beginning; thence
north 79°26’ east 344.74 feet; thence north 58°32’ east 227.8 feet; thence north 22°20’ west 63.4
feet; thence north 59°33’30” east 392.2 feet; thence south 86°10’30” east 490 feet more or less to
east line of Lot 10; thence north to northeast corner of said Lot 10; thence west to Stillaguamish
River; thence southerly along said river to west line of section; thence south to the point of
beginning, less county road.
Certificate of Surface Water Right No. 10024:
Parcel A: That part of the SW ¼ NE ¼ lying westerly of the present course of South Fork
Stillaguamish River; AND
Parcel B: That part of Gov’t Lots 3 and 7 lying southerly and westerly of present course of
South Fork Stillaguamish River; AND
Parcel C: That part of Gov’t Lot 6 lying easterly of a line parallel to, and 990 feet east of, the
west line of Section 1; AND
Parcel D: That part of Gov’t Lot 8 lying westerly of the present course of South Fork
Stillaguamish River; AND
Parcel E: Gov’t Lot 9, EXCEPT tract conveyed to Victor and Clara Wrobliski by deed under
Auditor’s File No. 924646, Vol. 437, Page 553, described as follows: Beginning at the
intersection of center line of East 5th Street and the easterly line of Plat of Victor Heights,
Division No. 1 as recorded on Page 118, Vol. 12 of Plats; thence North 52° 48’ East 487.3 feet;
thence South 37° 12’ East 15 feet; thence North 80° 28’ East 98.4 feet, more or less, to the east
line of Gov’t Lot 10, the true point of beginning; thence North 80° 28’ East 40 feet, more or less;
thence North 8° 14’ East 380 feet; thence North 79° 51’ West 32 feet; thence South 50° 08’ West
62 feet, more or less, to the East line of Gov’t Lot 10; thence southerly to the true point of
beginning; AND EXCEPT tract conveyed to Dale G. and Elizabeth M. Huber by deed under
Auditor’s File No. 924647, Vol. 437, Page 554, described as follows: beginning at the
intersection of center line of East 5th Street and the easterly line of Plat of Victor Heights
Division No. 1 as recorded on Page 118, Vol. 12, of Plats; thence North 52° 48’ East 487.3 feet;
thence South 37° 12’ East 15 feet; thence North 80° 28’ East 138.4 feet to true point of
beginning; thence North 8° 14’ East 380 feet; thence South 79° 41’ East to west margin of Sill
Slough; thence southerly 385 feet, more or less, along west margin of said Sill Slough to a point
on a line bearing South 81° 46’ East from true point of beginning; thence North 81° 46’ West to
true point of beginning; AND
Parcel F: Accretion lands of that part of the bed of the South Fork Stillaguamish River as
defined in the Surveyor General’s Report of December 17, 1875 between a line parallel with, and
27
990 feet easterly of the west line of said Section 1, and the south line of said Gov’t Lot 9.
Salmon Recovery Funding Board
P. O. Box 40917
Olympia, WA 98504-0917
DEED OF RIGHT TO USE LAND FOR
SALMON RECOVERY
The Grantor, City of Arlington for and in consideration of monies
coming in whole or in part from the Salmon Recovery Funding Board of the State of
Washington and in fulfillment of terms of the Project Agreement identified below, conveys
and grants to the State of Washington individually and as the representative of the people of
the State, the right to use the real property described below forever for salmon recovery and
conservation purposes.
Those purposes are described in the Project Agreement entered into between the Grantor and
the State of Washington through the Salmon Recovery Funding Board, titled Graafstra
Floodplain Acquisition_______ Project Number 06-2267A signed by the Grantor on the 3rd
day of April 2007 and by the Salmon Recovery Funding Board on the 5th day of March 2007
and the application and supporting materials which are on file with the Grantor and the State
in connection with the Project Agreement.
The Grantor will not make or permit to be made any use of the real property described in this
deed, or any part of it, which is inconsistent with the right to use for salmon recovery and
conservation purposes herein granted unless the State, through the Salmon Recovery Funding
Board or its successors, consents to the inconsistent use. This consent shall be granted only
upon the following conditions, which will ensure other land will be substituted.
The conditions are that the substituted salmon recovery and conservation land must be: (1) of
at least equal fair market value at the time of change of use and of as nearly as feasible
equivalent (2) qualities, (3) characteristics and (4) location for salmon recovery and
conservation purposes for which state assistance was originally granted.
The real property covered by this deed is described as follows:
This deed shall in no way modify or extinguish the functions of the Grantor under the Project
Agreement, including the Grantor's functions to operate and maintain the land as set out in
the Project Agreement.
Dated this _________ day of _________________________ , 20______
By: ________________________________________________________ .
Title
ATTEST:
____________________________________________________________
STATE OF WASHINGTON)
: SS.
COUNTY OF )
THIS IS TO CERTIFY that on this day of , 20 , before me the
undersigned Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared
to me. This individual is known to be the
____________, of the that executed the foregoing deed and
acknowledged to me that they signed and sealed the same as the free and voluntary act and
deed of said and on oath stated that they were authorized to
execute said instrument and that the seal affixed is the seal of said
___________________________________________________________________________ .
WITNESS my hand and official seal the day and year in this certificate first above written.
___________________________________________________________________________ ,
Notary Public in and for the State of Washington, residing in
___________________________________________________________________ County.
My commission expires _______________________________________________________ .
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #4
ATTACHMENT D
COUNCIL MEETING DATE:
February 1, 2010
SUBJECT:
Natural Gas Use Tax
DEPARTMENT OF ORIGIN:
Finance – Contact Jim Chase 403-3422
ATTACHMENTS:
1. Proposed Ordinance
2. Copy of Department of Revenue Natural Gas Use Tax form
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Occupation – (Utility) Taxes
LEGAL REVIEW: City Attorney has reviewed the ordinance
DESCRIPTION:
Cascade Natural Gas remits to the City the occupation tax of 6% on all natural gas used within
the city. Implementing a Natural Gas Use tax will eliminate an unfair advantage of purchasing
natural gas from a broker and not paying the 6% tax on gas used within city limits.
There is at least one natural gas broker that is brokering the sale of natural gas to a customer
within the city limits and is not paying the occupation tax. They claim they are not a utility
and, therefore, not subject to the tax in the first place.
There may also be other brokers who sell natural gas to commercial customers within the city
limits.
The City could expect to receive upwards of $10,000 in additional annual revenues into the
Current Expense Fund.
There are over 50 cities in the state that have adopted the Natural Gas Use Tax.
HISTORY:
The last occupation tax payment received by a broker was in October 2008. The Council
reviewed the draft ordinance at the January 25, 2010 Workshop and requested it be placed on
the February 1, 2010 agenda for action
ALTERNATIVES:
1. Table for additional review
2. Decide against creating a Natural Gas Use Tax
RECOMMENDED MOTION:
I move Council adopt the proposed ordinance relating to imposing a use tax on natural gas and
adding a new section to Chapter 3.20 of the Arlington Municipal Code.
ORDINANCE 2010-____ 1
ORDINANCE NO. _________2010-____
AN ORDINANCE RELATING TO IMPOSING A USE TAX ON NATURAL GAS AND ADDING
A NEW SECTION TO CHAPTER 3.20 OF THE ARLINGTON MUNICIPAL CODE
WHEREAS, the City of Arlington currently requires all business within the City limits to
be licensed and pay the required fees, and,
WHEREAS, the ongoing license fee for any Utility is the payment of the Occupation
Taxes, and,
WHEREAS, this tax would include utility businesses selling, manufacturing, or
distributing natural gas for residential, commercial or industrial consumption, and,
WHEREAS, the Occupation Tax is currently six percent (6%) of the gross operating
revenues from such sales within the city limits of Arlington, and,
WHEREAS, there are businesses that broker the sale of natural gas to customers inside
the city limits of Arlington who may not actually be considered a utility business, and,
WHEREAS, in order to assure equity in the collection of a tax on all natural gas used
within the city limits of Arlington, it is necessary to impose a Use Tax on the use of brokered
Natural Gas that is used within the city limits, and,
WHEREAS, the rate of use tax on brokered Natural Gas shall be set at the same rate as
the Occupation Tax, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON, DO HEREBY ORDAIN
AS FOLLOWS:
Section 1. There is hereby added a new section 3.20.022 to Chapter 3.20 of the
Arlington Municipal Code to read as follows:
3.20.022 NATURAL GAS – USE TAX IMPOSED. There is hereby levied and shall be
collected from every person within the City a use tax for the privilege of using natural gas
within the City as a customer. The tax shall be levied and collected in an amount equal to
the value of the article used by the taxpayer multiplied by the rate imposed upon the
occupation or business activity of furnishing or selling natural gas as provided in Section
3.16.040(4) as now or hereafter amended. The amount shall be subject to such exemptions
and exclusions and procedures as provided by RCW 82.12.022 and the rules of the State of
Washington Department of Revenue adopted in accord herewith.
Section 2. This ordinance shall be in full force and effect five (5) days after passage and
publication.
Passed by the City Council of the City of Arlington, Washington and approved as
provided by law this 1st day of February, 2010.
Formatted: Top: 1", Bottom: 1"
Formatted: Underline
Formatted: Underline
Comment [SJP1]: Jim, should there be an
effective date (i.e., start of a quarter, month, etc.)
for ease of administration? As I understand it this
tax is likely going to be collected and administered
under interlocal contract with the DOR, so I’m not
sure if they have any requirements in that regard.
ORDINANCE 2010-____ 2
CITY OF ARLINGTON
__________________________
Margaret Larson, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Kristin Banfield, City Clerk City Attorney
APPROVED AS TO FORM:
__________________________
Steven Peiffle, City Attorney
December 2009
Natural Gas Use Tax Addendum 12 09
Name Tax Registration Number
Use Black Ink and Attach Original Form to your Excise Tax Return.4
15. Total Tax Due (add line 2
and line 10)
16. Total Credit (line 14)
17. Total Amount Due
(Subtract line 16 from line 15)
Add all Addendum totals and transfer
the amount to the Total All Addendums
line on your tax return.
Page 1Internet/Fax (10-15-09)
State Natural Gas Use Tax
Local City Natural Gas Use Tax [141]
State Credit(s)
Totals
Local City Credit(s)
1.
3.
4.
5.
6.
7.
8.
9.
10.
Volume (in therms) [122]
Loc. City Code
Purchase Price [121]
Total City Value
Consumer Paid Use Tax
Consumer Paid Use TaxLoc. City Code
Transportation Charges [12171]
Local Rate
Seller Paid State Gross Receipts
Seller Paid Municipal Gross Receipts
Total Value
City Tax Due
Total State Credit
Total Local Credit
,
,
,
,
,
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,
,
,
,,,
,
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,
,
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,,
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...+
x
x
x
x
x
x
x
=
=
=
=
=
=
=
=
Credit for Tax Paid in
Another State
Total City Value
(add lines 3-9)Total City Tax Due
(add lines 3-9)
11.
12.
13.
2. Total State Tax Due (Multiply the Total Value in line 1, by the tax rate .03852)
14. Total State/City Credit(s) (add lines 11-13)
Note: To find the
local city code
and local rate in
which you used
your natural gas,
see the bottom
of page 2.
4
Reminder: Attach this addendum to
your original return and
mail to the Department.
4
For tax assistance, visit dor.wa.gov or call (360) 902-7036. To inquire
about the availability of this document in an alternate format for the
visually impaired, please call (360) 705-6715. Teletype (TTY) users
may call 1-800-451-7985.
Check box if public utility tax was paid or natural gas was not purchased for this period.(This addendum must be filed even if no tax is due.)
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Instructions for Completing the Natural Gas Use Tax Addendum
Local City Codes and Tax Rates
Either the public utility tax or the natural gas use tax is due on
purchases of natural gas.
Important: Include your tax registration number on all
correspondence and checks.
State Natural Gas Use Tax
Volume (in therms): Enter a whole number for the total vol-
ume (in therms) of gas delivered this period. If your company
received natural gas in more than one location, enter the total
volume for all locations. This information will be cross-matched
with the quarterly reports required from the local distribution
companies.
1 MMBTU = 10 therms OR 1 therm = 100,000 BTU’s.
Purchase Price: Enter only the purchase price of the gas.
Do not include transportation charges.
Transportation Charges: Enter the amount of separately
stated interstate and intrastate transportation charges that are
not subject to public utility tax.
Total Value: Add the purchase price and the transportation
charges and enter the total.
Total State Tax Due: Multiply the total value by .03852 and
enter the result.
Internet/Fax (10-15-09)Page 2
Local City Natural Gas Use Tax
From the chart below, find the city and tax rate in which you
used your natural gas.
Enter the four-digit code for your city in the “Loc. City Code”
column.
Enter the total value, local rate, and calculate the city tax due
for each location.
Note: If your natural gas was used at a county address, you
only need to complete the state portion of this tax.
State and Local City Credit(s)
If you paid tax to another state on gas used, you may be able
to take that amount as a credit. Prorate the credit to the state
and city portion (if applicable) of the tax based on the relative
rates of the taxes.
How to Report Prior Period Adjustments
Make a copy of the original return, cross out the incorrect
information and write in the correct information. You may
also use a blank Natural Gas Use Tax Addendum by filling in
the correct information. For either method, write “amended”
at the top and include a letter of explanation.
Code City Rate Code City Rate Code City Rate
1701 Algona .............................0600 2706 Fife...................................0450 Selah:
1702 Auburn .............................0500 Goldendale:3907 First $2,000 each month .....0600
1704 Bellevue ...........................0500 2002 First $350,000 annually .....0600 3999 Over $2,000 in a month .....0000
Bellingham:2099 Over $350,000 annually ....0000 3210 Spokane ..........................0600
3701 First $250,000 each month ...0600 3901 Grandview .......................0600 3116 Stanwood.........................0600
3771 Over $250,000 in a month ....0100 0302 Kennewick .......................0850 Sumner:
2902 Burlington ........................0300 1715 Kent .................................0600 2716 First $28,571.43 each month .0525
2101 Centralia ..........................0600 1716 Kirkland............................0600 2799 Over $28,571.43 in a month .0000
Chehalis:3111 Marysville .........................0500 3908 Sunnyside ........................0600
2102 First $10,000 annually .......0600 3206 Medical Lake ...................0600 2717 Tacoma ............................0600
2181 Over $10,000 up to 3207 Millwood...........................0200 1729 Tukwila ............................0600
$75,000 annually ...............0100 2907 Mount Vernon ..................0600 3406 Tumwater .........................0600
2199 Over $75,000 annually ......0000 3114 Mukilteo ...........................0600 3911 Union Gap .......................0600
3202 Cheney ............................1475 3403 Olympia ...........................0900 Vancouver:
0202 Clarkston .........................0600 0103 Othello .............................0600 0605 First $25,000 each month ....0600
3601 College Place ..................0600 1104 Pasco ..............................0850 0675 Over $25,000 in a month .....0125
Connell:0303 Prosser ............................0600 3604 Walla Walla ......................0600
1101 First $140,000 annually .....0500 3812 Pullman............................0800 Warden:
1199 Over $140,000 annually ....0000 2711 Puyallup ...........................0400 1313 First $200,000 annually .....0600
3104 Edmonds .........................0600 1724 Redmond .........................0600 1399 Over $200,000 annually ....0000
3105 Everett .............................0450 1725 Renton .............................0600 0606 Washougal .......................0400
1732 Federal Way ....................0775 0304 Richland .0850 0405 Wenatchee ......................0600
3704 Ferndale ..........................0600 1726 Seattle .............................0600 0805 Woodland ........................0600
(Effective 10/1/09)
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #5
ATTACHMENT E
COUNCIL MEETING DATE:
February 1, 2010
SUBJECT:
Ordinance adopting revision to AMC
Section 2.40.010 with respect to youth
representation
DEPARTMENT OF ORIGIN:
Parks, Arts & Recreation Commission
ATTACHMENTS:
Proposed Ordinance
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
PARC requests changes to AMC Title 2 regarding the selection of student representatives and
their ability to vote. PARC would like 2 representatives selected from within the UGA and not
limited to one from Arlington and one from Lakewood schools. In addition, the proposed
ordinance will allow our student representatives to vote on items before the commission.
HISTORY:
The City has had student representatives on PARC for a number of years. It has been extremely
challenging to get student representation on PARC with the current structure of the code.
The Council reviewed this proposal at the January 11, 2010 Workshop and recommended
bringing the item forward for action.
ALTERNATIVES:
Do not adopt the proposed ordinance.
Amend the proposed ordinance and adopt.
Remand to staff with specific direction.
RECOMMENDED MOTION:
I move Council adopt the proposed ordinance adopting revisions to AMC Section 2.40.010 with
respect to youth representation.
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON AMENDING SECTION 2.40.010 OF THE
ARLINGTON MUNICIPAL CODE RELATING TO YOUTH
MEMBERS OF THE BOARD OF PARKS, ARTS, AND
RECREATION COMMISSIONERS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, the Board of Parks, Arts, and Recreation Commissioners wishes to update
the ordinance governing the Commission; and
WHEREAS, the City Board of Parks, Arts, and Recreation Commissioners considered
this amendment at a November 24, 2009 public meeting and the City Council considered their
recommendations at their workshop on January 11, 2010, and determined approving the
amendment was in the best interest of the City and its citizens;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code section 2.40.010 is amended to read as follows:
2.40.010 Board of parks, arts and recreation commissioners--Membership--Terms of
office--Powers and authority.
(a) The city parks, arts and recreation commission (PARC) shall consist of nine members,
appointed by the mayor with the consent of the city council. All members shall reside
within the urban growth boundary of Arlington. Two of the members shall be youth-
specific members as described in subparagraph (d), below.
(b) Commission members shall serve a term of four years, commencing on April 1st and
ending March 31st. Terms of office shall be staggered so that not more than three terms
will expire in the same year.
(c) The commission shall serve as an advisory commission to the mayor and city council
with respect to parks, arts and recreation facilities and programs within the city as well as
changes, expansion or new acquisition of both facilities and programs.
(d) There are hereby created two youth-specific seats on the PARC. Youth commission
members shall be entitled to vote. Youth commission members shall be appointed to
serve up to two-years during their junior and senior years in high school.
Section 2. Severability. If any such provision, section, or part of this ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity
of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 3. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #6
ATTACHMENT F
COUNCIL MEETING DATE:
February 1, 2010
SUBJECT:
Adoption of Ordinance, Amending and
Repealing Certain Sections of Arlington
Municipal Code Title 8 Relating to Animals
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Proposed Ordinance Amending and Repealing Certain Sections of Arlington Municipal Code
Title 8 Relating to Animals
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the proposed
changes.
DESCRIPTION:
The attached proposed ordinance incorporates all the proposed changes to AMC Title 8 that
were reviewed with Council on December 14 and January 11. AMC Title 8 discusses a variety
of issues related to animals, including animal control, animal licensing, regulates kennels and
the possession of exotic animals.
HISTORY:
The City Council has adopted a goal of getting the Arlington Municipal Code online in a
searchable format. To accomplish this, the AMC needs to be updated to reflect current
operations and changes in state law. This is the fifth ordinance prepared for the Council to
update the AMC.
ALTERNATIVES:
Remand the proposed Ordinance back to staff for further specific revisions.
RECOMMENDED MOTION:
I move Council adopt the proposed ordinance Amending and Repealing Certain Sections of
Arlington Municipal Code Title 8 Relating to Animals.
Ordinance No. 2010-xxx 1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON AMENDING AND REPEALING CERTAIN
SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 8
RELATING TO THE TREATMENT AND CONTROL OF
ANIMALS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 8, relating to the treatment and control of animals;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 8.05.030 is amended to read as follows:
8.05.030 Definitions. As used in the chapter, unless the context clearly indicates
otherwise, words in the present tense include the future; the singular includes the plural; plural
usage includes the singular; “shall” means mandatory, not directory; the masculine gender
includes the feminine; and certain words and phrases are defined as follows:
(a)“Abatement” means the termination of any violation of this title by lawful and
reasonable means, in order that a person or persons presumed to be the owner of an animal
comply with this title.
(b)“Abandon” means the act of leaving an animal without food, water or necessary
medical care for twenty-four hours or more; or any situation where the conditions present an
immediate, direct and serious threat to the life, safety or health of the animal.
(c)“Allow” means to permit by neglecting or failing to restrain or prevent.
(d)“Animal” shall have its customary common meaning and shall include any member of
the classes; reptile, amphibian, bird or mammal, except human.
(e)“Animal control authority” means any person or entity or any individual under the
direct supervision and control of the chief of Arlington police department, or any person
employed, contracted with, or appointed by the chief of the Arlington police department as the
animal control authority, whether acting alone or in concert with the police department, for
Ordinance No. 2010-xxx 2
enforcement of the city and state animal control laws as the pertain to the shelter and welfare of
animals.
(f)“Animal shelter” means any facility operated by an organization or government agency
with whom the city has a contractual relationship with for the purpose of impound, care or
destruction of animals.
(g)“At large” means when an animal is outside the premises of the owner and not under
the physical control of the owner or other person designated by the owner.
(h)“Damage to property” means, for the exclusive purpose of this chapter, the actual cost
of materials and/or the labor actually paid to persons to male repairs to restore the property to its
original condition, which exceeds one hundred dollars.
(i)“Dangerous animal” or “dangerous dog” means any dog that according o the records of
the appropriate authority:
(1) Has inflicted sever injury including transmission of an infectious or
contagious disease on a human being without provocation on public or private property;
(2) Has killed a domestic animal without provocation while off the owner’s
property; or
(3) Has been previously found to be potentially dangerous, the owner having
received notice of such, and the animal again aggressively bites, attacks, or endangers the
safety of humans or domestic animals. Excluded from this definition is a dog
investigated as potentially dangerous when the threat, injure, or damage is determined to
have been sustained by a person who committed a willful trespass on the owner’s
property; tormented, abused or assaulted the dog or has done so in the past; or committed
or attempted to commit a crime.
(j)“Dog” means any member of one or more species of the genus Canis.
(k)“Domestic animal” means any animal that is usually tamed and bred for the uses of
humans, including dogs, cats, rabbits, horses, mules, cattle, lambs and sheep.
(l)“Enclosure” means a physical structure that prevents the animal from coming into
contact with humans, preventing the entry by young children, preventing escape and prevents the
spread of a communicable disease. The enclosure shall have four sides and a top and protect the
animal from the elements.
(m)“Exotic, wild or dangerous animal” means any member of the animal kingdom which
is not commonly domesticated or which is not common to North America, or which, irrespective
of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because
of its size, vicious nature or other similar characteristics would constitute a danger to human life
or property if not kept, maintained or confined in a safe and secure manner. Incorporated by
reference here are the State Game Department regulations, principally the following: WAC 232-
12-015, 232-12-030, 232-12-040, 232-12-050 and 232-12-060.
(n)“Fowl” means all feathered birds, including all birds kept domestically and all fowl
normally raised for meat or eggs, and includes, but is not limited to, chicken, turkeys, ducks,
roosters, pigeons and geese.
Ordinance No. 2010-xxx 3
(o)“Grooming parlor” means an establishment that does not keep animals overnight or
during any time when the business is closed; rather animals are kept only for a reasonable time in
order to perform the business of grooming and only during normal business hours.
(p)“Guard or attack dog” means any dog, except those dogs owned or used by a
government agency for law enforcement purposes, which has been trained and is used for
purposes of protection of persons or property by exhibiting hostile or aggressive propensities, or
which will attack on signal or command.
(q)“Harboring” means any occupant or any premises on which an animal customarily
remains or to which it customarily returns daily for food and care for a period of ten days is
presumes to be harboring or keeping the animal within the meaning of this chapter.
(r)“Kennel” means:
(1) A commercial business operation that provides food and shelter for the
purpose other than medical care or engages in the commercial breeding of animals, but not
including licensed veterinary hospitals or clinic, pet shops or grooming parlors;
(2) Keeping of more than three adult dogs, more than three adult cats or any
combination of cats and dogs where the total exceeds seven, exclusive of fish, insects or birds as
household pets;
(3) Keeping two or more litters of juvenile animals;
(4) The keeping of animals for a commercial purpose which includes making
a profit from the products of the animal, rearing, breeding, sale or lease of an animal;
(5) Any confined outdoor place where the keeping of animals has destroyed
the vegetative cover and material infiltration capacity of the soil or caused an adverse impact
upon the water quality within the watershed; or
(6) Commercial advertising is used on the premises and pertains to the animal
on the premises.
(s)“Livestock” means animals usually found on farms, including but not limited to
horses, mules, bovine animals, sheep, goats, llamas, ostriches and swine. Except, livestock shall
not mean miniature pot-bellied pigs as defined in this section.
(t)“Miniature pot-bellied pig” means a type of swine commonly known as the North
American Vietnamese, Chinese, or Asian pot-bellied pig (Sus scrofa vittatus) that is no more
than twenty-two inches in height at the should and no more than one hundred fifty pounds in
weight and is an in-house pet.
(u)“Nuisance” means any act or situation by a dog that is injurious to the health, safety or
welfare of the public. This specially includes, but not limited to:
(1) Being vicious or by its action potentially vicious;
(2) Chasing or harassing any person
(3) Chasing a vehicle;
(4) Damaging property that is not the animal’s owners excluding shared
fences;
(5) Attacking other domestic animals
Ordinance No. 2010-xxx 4
(6) Excreting on the private property other than the animal’s owner;
(7) Biting or attacking a person;
(8) Having a communicable disease; or
(9) Injuring or killing a wild animal that is not posing a threat to persons or
property.
(v)“Owner” or “Keeper” means any person or legal entity having a possessory interest in
an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to
remain on premises occupied by him. Any actions exercisable against an owner in this chapter
shall also be exercisable against a keeper. This includes the financial responsibility to care for an
animal including, providing food, shelter, and medical care and paying fees for confinement and
impounding.
(w)“Person” means any individual, corporation, association or any other legal entity, a
partnership, and any other unincorporated association.
(x)“Pet shop” is any licensed establishment or premises maintained for the purchase, sale,
or exchange of pets of any type.
(y)“Physical control” means the use of a leash, cord, chain, or other device that is no
longer than eight feet long. However, for training purposes, these may be up to twenty feet long.
(z)“Police dog” means a dog employed by a law enforcement agency that is specially
trained for law enforcement work and under the control of a police dog handler.
(aa)“Potentially dangerous animal” or “potentially dangerous dog” means any animal or
dog that when unprovoked:
(1) Inflicts bites on a human or domestic animal either on public or private
property; or
(2) Chases or approaches a person upon the streets, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack. Police dogs in the line of duty and
guard dogs that are protecting property are excluded from the definition.
(bb)“Premises” means all the real property under one ownership inside the inner line of a
sidewalk or, if there is no sidewalk, inside of the curb, ditch, or shoulder marking the edge of the
used public right-of-way. “Premises” also means the inside of a closed motor vehicle.
(cc)“Service animal” means an animal that is trained for the purposes of assisting or
accommodating a disabled person’s sensory, mental or physical disability.
(dd)“Severe injury” means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
(ee)“Wild animal” means any animal living in its natural state and native to the United
States and nor normally domesticated, raised, or bred by humans.
Section 2. Arlington Municipal Code Section 8.09.010 is amended to read as follows:
8.09.010 Dog licenses—Required.
Ordinance No. 2010-xxx 5
(a) It is unlawful for any person, firm, or corporation to own, possess, harbor or maintain
any dog, male or female, over the age of three months, within the city without paying the license
fee and obtaining a license from the agency or department designated by the city council. All
dogs that are over three months of age and are brought into the corporate city limits shall be
registered within thirty days after being brought into the city. The license tag shall be attached to
the animal’s collar so that the animal may be returned to the owner. The animal owner will be
responsible for any costs regarding a licensed but not tagged animal.
(b) License Prohibited. Dogs that are determined to be dangerous by any competent
jurisdiction are prohibited within the city and licensing these animals is prohibited.
(c) License Exemptions. The following circumstances are exemptions from
licensing: Dogs brought into the city for the purpose of participating in any show; and dogs
temporarily kenneled at a licensed kennel for the sole purpose of breeding, training, hunting, or
boarding not to exceed ninety days.
(d) Guard or Attack Dogs—Additional Requirements. No person shall possess a
guard or attack dog without first obtaining a guard or attack dog license from the city of
Arlington. The application for the guard or attack dog shall certify the following information:
(1) The name and address of the owner of the guard/attack dog, description of
the dog, address and business name, if any, of the premises the dog will guard;
(2) The name and address of the trainer, and the name and address of the
purveyor of the dog;
(3) That the premises the dog will guard is adequately secured for the safety
of the public, meaning that the guard dog shall be kept contained within a building or on a leash
under the control of a person or enclosed within a six-foot solid or chain-link fence of sufficient
height to prevent the dog from reaching persons off the property, and that the owner shall
restrain the guard dog in such a manner that the dog is unable to reach persons using the normal
ingress and egress of the property;
(4) That the owner shall post signs on the premises at all entrances, and in at
least two conspicuous places on the property, clearly warning that a guard/attack dog is on duty
on the premises;
(5) That the user of the guard/attack dog is aware of and understands the
aggressive nature of the dog;
(6) That the owner of the guard/attack dog has surety bond or policy of
liability insurance in the amount of at least one hundred thousand dollars from an insurer
authorized to conduct business in the state of Washington, insuring the owner for any personal
injuries inflicted by the dog; and
(7) Proof of microchip identification, microchip number and identification of
the date and location of the microchip implant.
Section 3. Arlington Municipal Code Section 8.09.020 is amended to read as follows:
Ordinance No. 2010-xxx 6
8.09.020 Leash required. It is unlawful for the owner of any dog to at any time cause,
permit or allow such dog to roam, run, stray or to be away from the premises of the owner and to
be on any public place, including but not limited to, school grounds and any public park, or on
any public property, or upon the private property of another within the city, unless such dog
while away from such premises is under the control of the owner by a leash that is attached to the
person. Any dog found roaming, running, straying or being away from such premises and not on
a leash as provided in this section may be impounded subject to redemption in the manner
provided by this chapter. Any case alleging a violation of this section is to be filed as a civil
infraction.
Section 4. Arlington Municipal Code Section 8.09.030 is amended to read as follows:
8.09.030 Unlicensed dogs. Kennels, pet shops or veterinary hospitals may keep
unlicensed animals on the premises temporarily, provided that the premises are securely fenced
or enclosed and the entrances thereto locked when unattended. Each such unlicensed animal
three months of age or older contained within the premises of a kennel, pet shop or veterinary
hospital shall be inoculated against such diseases, and in such a manner as may be prescribed by
a veterinarian and an inoculation certificate provided for each such dog. For dogs over three
months of age, this shall consist of rabies inoculations.
Section 5. Arlington Municipal Code Section 8.09.070 is amended to read as follows:
8.09.070 Animals at prohibited public places. When a property is designated by signs as
prohibited to such animals, it is unlawful for an owner to allow any domestic, or exotic animal,
except cats and pigeons, upon any public school playground, publicly maintained park or play
field, any environmentally critical area as defined in AMC Chapter 20.88, or other city owned
property.
Section 6. Arlington Municipal Code Section 8.09.100 is amended to read as follows:
8.09.100 Regulations pertaining to kennels, catteries, grooming parlors, pet shops, and
other boarding facilities.
(a) License Required. No person, owner or keeper shall operate any kennel, cattery,
grooming parlor, pet shop, or animal shelter within the city without first obtaining a special
license from the city for this purpose. Licensed veterinary hospitals or clinics are not included
within this prohibition though a land use permit may still be required pursuant to AMC Title 20.
Licenses shall be issued annually by the city, upon receipt of an application, the payment of fees,
and only after satisfactory inspection by the Arlington police department.
(b) Application. A license application for a commercial kennel, boarding
kennel/cattery, grooming parlor, pet shop, animal shelter, or other boarding place shall contain
the following:
Ordinance No. 2010-xxx 7
(1) Name, address and telephone number of the owner or operator of the
facility, and the name and address of the facility;
(2) The type of license sought and a brief description of the magnitude and
nature of the contemplated operations;
(3) A written statement from the city’s department of community
development or other satisfactory proof that the proposed operation conforms to the city’s zoning
code and all other land use regulations.
(4) Proof that an animal waste disposal plan is present and conforms to
established law.
(c) Term. The license shall be valid for one calendar year, from each January 1st
through the following December 31st.
(d) Fee. The annual license fee shall be assessed as determined by resolution of the
City Council, due and payable on January 2nd of each year.
(e) Prorating of License Fee. If operations are commenced in a month other than
January, the applicant must submit the application together with the prorated license fee within
thirty days of commencing operations. The license fee shall be prorated according to the number
of months remaining in the license year.
Section 7. Arlington Municipal Code Section 8.09.115 is amended to read as follows:
8.09.115 Operation and facility requirements. Suitable food, water and bedding shall be
provided to all animals. An employee, keeper or owner shall make sure that animals receive
adequate food, water, care, and necessary cleaning at all times.
(a) Food and bedding shall be stored in a fashion that prevents contamination or
infestation. Refrigeration shall be provided for the protection of perishable foods.
(b) The facilities, both for housing and waste disposal, shall be maintained and
operated in a healthful, sanitary manner free from disease, contamination, infestation and
obnoxious or foul odors. Provisions shall be made to ensure that the removal and disposal of
animal and food wastes, bedding, dead animals and debris is done in a manner to minimize
vermin/insect infestation, odors and disease hazards.
(c) Sick, diseased, or injured animals shall be isolated from healthy animals in
quarters adequately ventilated to prevent contamination of healthy animals.
(d) Animals shall receive proper medical treatment whenever necessary and be
immunized from disease as is usual and customary for the animal’s age and species.
(e) Animal housing facilities shall be provided to the animals and shall be structurally
sound, maintained in good repair, and designed to protect the animals from injury and shall
provide sufficient security to contain the animals and prevent the entry of other unwanted
animals.
(f) In addition, each animal housed therein shall be provided with adequate floor
space to allow each animal to turn about freely and to easily stand, sit, and lie in a comfortable
normal position. Animals that are caged, closely confined, or restrained shall be permitted daily,
Ordinance No. 2010-xxx 8
and for an appropriate length of time, as determined by their size, age and species, to exercise in
a yard or area suitable for that purpose.
(g) The facilities shall include washroom facilities, which include sinks and toilets,
and have hot and cold running water conveniently available to maintain cleanliness among
animal caretakers and for washing utensils and equipment. Water shall be supplied in sufficient
pressure and quantity to clean indoor housing facilities and enclosures of debris and excreta.
(h) Electrical power shall be supplied, in conformance with applicable city, county,
and state electrical codes, adequate to supply heating and lighting as may be required by this
chapter.
(i) Outdoor facilities shall:
(1) Provide shelter and protection from adverse weather;
(2) Provide sufficient room for adequate exercise and movement;
(3) Be fenced at a height of six feet with wood or chain link and have a below
ground barrier sufficient to prevent an animal from digging under the fence; and
(4) Be kept clean.
(j) Indoor facilities shall:
(1) Be heated or cooled to protect the animals from temperatures to which
they are not acclimated;
(2) Be adequately ventilated;
(3) Have interior walls, ceilings and floors which are sealed and are resistant
to absorption of moisture or odors; and
(4) Have flooring with an impervious surface that can be sanitized and had an
adequate drainage system that is connected to a septic system or sanitary sewer to facilitate
cleaning.
Section 8. Arlington Municipal Code Section 8.09.125 is amended to read as follows:
8.09.125 Grooming parlors—Conditions—Requirements. Grooming parlors shall:
(a) Not board animals, but keep said animals only for a reasonable time in order to
perform the business of grooming.
(b) Keep each animal in an individual cage sufficient in size and with adequate floor
space to allow each animal to turn about freely and to easily stand, sit, and lie in a comfortable
normal position, which said animal is at the facility.
(c) Not permit animals kept therein for the direct purpose of grooming to have
contact with any other animals therein.
(d) Sterilize all equipment after each animal has been groomed and each cage after
the animal that occupied it has left.
(e) Not prescribe any treatment or medicine that is in the province of a licensed
veterinarian as provided in RCW 18.92.010.
Ordinance No. 2010-xxx 9
(f) Take reasonable precautions to prevent injury from occurring to any animals
while in the custody of said parlor, including providing restraining straps for animals when
necessary to prevent injury to the animal while it is being groomed.
(g) Be structurally sound, maintained in good repair, and provide sufficient security
to contain the animals and prevent the entry of other unwanted animals.
(h) Have grooming area with walls, ceilings, and floors that are sealed and are
resistant to absorption of moisture and odors.
(i) Be cleaned and sanitized on a regular basis and the disposal of pet waste must
follow established law.
(j) Not leave animals unattended during the drying process.
Section 9. Arlington Municipal Code Section 8.09.200 is amended to read as follows:
8.09.200 Violation—Penalty. Failure to comply with any provision of this section shall
be a civil infraction with a fine of $250.00 for the first and second offense. The third offense is a
gross misdemeanor punishable by one thousand dollars fine and or ninety days in jail. In
addition to the described penalties, the involved animals may be impounded and kenneled at the
owner’s expense.
(a) Any violation of this chapter not otherwise designated as a misdemeanor or gross
misdemeanor, and shall constitute a civil infraction punishable by a fine in an amount not to
exceed $250.00.
(b) Any person violating any provision of this chapter, not otherwise designated as a
misdemeanor or gross misdemeanor, three or more times in any 12-month period shall have
committed a civil infraction punishable by a fine not to exceed $500.00.
(c) Any violation of this chapter designated as a misdemeanor shall be punishable by
a maximum of 90 days in jail and/or a fine not to exceed $1000.00.
(d) Any violation of this chapter designated as a gross misdemeanor shall be
punishable by a maximum of 365 days in jail and/or a fine not to exceed $5,000.00.
Section 10. Arlington Municipal Code Section 8.10.040 is amended to read as follows:
8.10.040 Potentially dangerous and dangerous dog.
(a) Declaration of potentially dangerous/dangerous dogs – Procedure.
(1) The police department shall classify potentially dangerous/dangerous dogs.
The department may find and declare an animal potentially dangerous/dangerous if an animal
control officer has probable cause to believe that the animal falls within the definitions set forth
in AMC 8.05.030. The finding must be based upon:
(a) The written complaint of a citizen who is willing to testify that the
animal has acted in a manner which causes it to fall within the definition of AMC
xx8.xx05.xxx030; or
(b) Dog bite reports filed with the police department; or
Ordinance No. 2010-xxx 10
(c) Actions of the dog witnessed by any animal control officer or law
enforcement officer; or
(d) Other substantial evidence.
(2) The declaration of potentially dangerous/dangerous dog shall be in writing
and shall be served on the owner in one of the following methods:
(a) Certified mail to the owner’s last known address; or
(b) Personally; or
(c) If the owner cannot be located by one of the first two methods, by
publication in a newspaper of general circulation.
(3) The declaration shall state at least:
(a) The description of the animal;
(b) The name and address of the owner, if known;
(c) The location of the animal if not in custody of the owner;
(d) The facts upon which the declaration of potentially dangerous dog is
based;
(e) The restrictions placed on the animal; and
(f) The ability and process for appealing the declaration.
(b) Notification of status of potentially dangerous dog.
(1) The owner of a potentially dangerous dog shall immediately notify the police
department when the animal:
(a) Is loose or unconfined off the property; or
(b) Has bitten or injured a human being or another animal; or
(c) Is sold or given away or dies; or
(d) Is moved to another address.
(2) Prior to a potentially dangerous dog being sold or given away, the owner
shall provide the name, address and telephone number of the new owner to the police
department. The new owner shall comply with all the requirements of this chapter.
(c) Duties for Keeping a Potentially Dangerous Dog. The owner of a potentially
dangerous dog shall:
(1) Securely confine the dog on the owner’s property either indoors, in a
fenced yard with a locked gate or in an enclosed open or structure suitable to prevent the entry of
unauthorized persons and preventing the animal’s escape;
(2) Obtain and post signs and maintain them for the duration that the dog is on
the premises to warn the public that the dog is under investigation. The police department and
the animal control authority will determine the placement of said signs.
(3) The dog may leave the property only when muzzled, restrained by a
substantial leash not longer than forty eight (48) inches, and under the physical control of a
person eighteen (18) years or older who is capable of restraining such animal. If the dog is under
Ordinance No. 2010-xxx 11
investigation for biting, then it must be muzzled in a manner that prevents it from biting but does
not cause pain or obstruction of breathing.
(4) Allow the animal control authority to enter the premises to determine
compliance.
(d) Notice of a Potentially Dangerous Dog. Upon determining that probable cause
exists to believe that a dog is potentially dangerous, the animal control authority may issue a
written notice to the owner. The notice shall contain the following: name and address of the
owner of the dog, description of the dog, and a statement of why the dog was found to be
potentially dangerous.
(e) Impounding a Potentially Dangerous Dog. The animal control authority may
immediately impound a potentially dangerous dog when the owner has failed to comply with any
of the duties described.
(f) Disposition of a Dangerous Dog. A dog that is determined to be dangerous by the
animal control authority using the definitions in this chapter shall be impounded by the animal
control authority and held until it is destroyed or permanently removed from the city under
conditions agreed upon with the animal control authority. If the animal is permanently removed
from the city, then the conditions shall include:
(1) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW
in a form acceptable to the animal control authority in the sum of at least two hundred
fifty thousand dollars payable to any person injured by the animal; or
(2) A policy of liability insurance, such as homeowner's insurance, issued by an
insurer qualified under Title 48 RCW in the amount of at least two hundred fifty thousand
dollars, insuring the owner for any personal injuries inflicted by the dangerous dog.
(3) Proof of placement of a microchip that is capable of being scanned by an
“AVID” or equivalent brand microchip scanner;
(4) Consent for initial and subsequent inspection of the enclosure in which the
animal is and will be kept; and
(5) Compliance with all the licensing requirements in the jurisdiction where
the animal is to reside.
(g) Prior Convictions for Possessing a Dangerous Dog or RCW 16.08.100. When a
dog that is previously determined to be dangerous attacks or bites a person or another domestic
animal, the dog’s owner is guilty of a gross misdemeanor. In addition, the dog shall be
immediately impounded by the animal control authority, place in quarantine for a proper length
of time and thereafter destroyed in a humane fashion. The owner of the dog shall be responsible
for all associated costs of impounding and destruction.
(h) Declaration-Appeal Hearing-Procedures. An owner of a dog that is determined to
be dangerous or potentially dangerous can appeal the designation by the animal control authority
to the hearing examiner. The process for perfecting an appeal shall be as prescribed by the
Arlington Municipal Code Chapter 20.20. However, during the appeal period, the instructions of
the animal shall be followed.
Ordinance No. 2010-xxx 12
(i) Permits and fees. Following the declaration of a potentially dangerous dog and
the exhaustion of the appeal process, the owner of a potentially dangerous dog shall obtain a
permit for such dog from the office of the city clerk upon proof that all registration requirements
of RCW 16.08.080 have been satisfied, and shall be required to pay $100.00 for the permit. If
the owner fails to obtain a permit or fails to file an appeal, the animal control officer is
authorized to seize and impound the animal and, after notification to the owner, hold the animals
for no more than five days before the destruction of the animal. The Owner/Keeper of this
animal must obtain a surety bond issued by a surety insurer qualified under chapter 48.28 RCW
in a sum of not less than $100,000 payable to a person injured by the dog, or a policy of liability
insurance issued by an insurer qualified under Title 48 RCW in an amount not less than
$100,000 insuring the owner or keeper for personal injuries inflicted by the dog.
(j) Declaration – Impoundment pending appeal. Following service of a declaration
of potentially dangerous or dangerous dog, and pending appeal under AMC 8.10.040 (h), the
animal control authority may, if circumstances require, impound the animal at the owner’s or
keeper’s expense, pursuant to the provisions of this chapter, until the municipal court or a higher
court of competent jurisdiction orders either its redemption or destruction.
(k) Impoundment for biting. If a dog classified as a dangerous dog bites a person or
another domestic animal, such dog shall be immediately impounded by the animal control
authority, paced in quarantine for the proper length of time, and thereafter destroyed in an
expeditious and humane manner. Any such animal which is deemed uncatchable by the animal
control authority may be killed by such official if no other reasonable means of capture is
available or such animal continues to be a threat to persons or domestic animals. Reasonable
means of capture may include the use of tranquilizers which, depending upon the animal’s age,
size, and physical condition, may cause death. The owner or keeper of any dangerous dog
impounded and destroyed pursuant to this subsection shall be assessed, in addition to the actual
costs of the quarantine, a civil penalty in the amount of $10.00 per day for each day such
dangerous dog is quarantined by the animal control authority and in the amount of $50.00 for the
cost of destroying such dangerous dog.
(l) Dogs exempted – Effect of trespass or tort. The requirement of this chapter
related to potentially dangerous and dangerous dogs shall not apply to dogs registered for use by
law enforcement officials for police work, whether or not such animal is maintained at its
handler’s residence, or to animals held in quarantine by a licensed veterinarian. Dogs shall not
be declared potentially dangerous or dangerous if the threat, injury, or damage was sustained by
a person who, at the time, was committing a willful trespass or other tort upon the premises
occupied by the owner or keeper of the dog or was tormenting, abusing, or assaulting the dog or
has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was
committing or attempting to commit a crime.
(m) Limitations on ownership of potentially dangerous dogs– Reporting
Requirements.
Ordinance No. 2010-xxx 13
(1) It is unlawful for an owner or keeper of a potentially dangerous dog to permit
such animal to be outside the proper enclosure, unless the dog is muzzled and restrained
by a substantial chain or leash not longer than 48 inches and under the physical control of
a person 18 years of age or older who is capable of restraining such animal. The muzzle
shall be constructed so that it will not cause injury to the dog or interfere with its vision
or respiration. Such muzzle shall be constructed so that it will prevent the dog from
biting any person or animal. Such dogs shall not be leashed or otherwise tied or tethered
to inanimate objects, such as trees, posts, buildings, mail boxes, newspaper vending
machines, and the like. Dangerous dogs shall wear a bright orange collar, not less than
two inches in width, at all times.
(2) It is unlawful for any person under the age of 18 years to own or keep a
potentially dangerous or dangerous dog within the city limits.
(3) It is unlawful for any person to own or keep more than one potentially
dangerous dog within the city limits.
(4) It is unlawful to transfer ownership of a potentially dangerous dog within
the city limits unless the recipient has complied with the registration and licensing requirements
of this chapter for such animal.
(6) It is unlawful for the owner or keeper of any animal which is subject to
any licensing requirements of the city to fail to report any bites or injuries suffered by any person
or domestic animal as a result of an attack incident or other contact with such animal, regardless
of the geographical location where such attack, incident or other contact occurs.
(7) It is unlawful for any owner or keeper to fail to immediately notify the
animal control authority in writing of:
(a) The removal from the city or death of any dog registered under this
chapter; or
(b) The birth of offspring of any dangerous dog; or
(c) The new address of the owner or keeper of any dog registered under
this chapter should such person move within the city limits.
(8) Failure to Comply. Any person who fails to comply with the mandatory
or prohibitory provisions of this section shall be assessed a civil penalty or shall be guilty of a
gross misdemeanor as provided in AMC 8.10.200.
(n) Immunity. The city, the animal control authority, and any animal control officer
executing the responsibilities set forth in this chapter shall be immune from all civil liability for
an action or actions taken pursuant to this chapter, or for failure to take action to enforce the
provisions of this chapter. It is not the purpose or intent of this chapter to create on the part of
the city, its officers, employees, agents, or volunteers a special duty or relationship toward a
specific class of individuals. This chapter has been enacted for the safety and welfare of the
public as a whole.
Section 11. Arlington Municipal Code Section 8.10.080 is amended to read as follows:
Ordinance No. 2010-xxx 14
8.10.080 Violation—Public Nuisance – Notice of Abatement.
(a) A person violating any provision of this chapter by keeping or maintaining a nuisance
as defined in the chapter, in addition to the fine or imprisonment or both provided for by
Section 8.10.200, shall be ordered by the court to immediately abate and remove such
nuisance and if the same Is not done by the offender within twenty four hours of the
order, the nuisance shall be abated and removed under the direction of the chief of police,
or by any other officer authorized by the court, which order of abatement shall be entered
upon the docket of the court and made a part of the judgment in the action. . Upon being
advised of the same, the animal control officer may serve notice upon the owner or
occupant of the subject premises requiring that the nuisance be abated within a period of
not less than three days. It shall be unlawful for any person to fail to comply with the
notice of abatement. Any person found guilty of the failure to comply shall be guilty of a
separate civil infraction for each day of noncompliance.
(b) Public nuisance – Petition – Notice of abatement. Whenever it shall be affirmed
in writing by three or more persons having separate residences or regularly employed in
the neighborhood that any dog is a habitual public nuisance by reason of continued
violations of any section of this chapter, the animal control officer may serve notice upon
the owner or custodian of the dog ordering that the nuisance be abated within a period of
not less than three days. It shall be unlawful for any person to fail to comply with said
notice of abatement, and shall be cause for impoundment of the dog.
Section 12. Arlington Municipal Code Section 8.10.120 is amended to read as follows:
8.10.120 Unlawful possession. Any person who has any domestic, or exotic wild
animal, except cats and pigeons, not owned by said person, in their possession or control
without the knowledge of the animal’s owner shall notify the animal control authority
within forty-eight hours. Failure to report such possession or to surrender the animal to
the animal control authority upon demand is unlawful.
Section 13. Arlington Municipal Code Section 8.10.200 is amended to read as follows:
8.10.200 Violation—Penalty.
(a) No person shall violate or fail to comply with this chapter.
(b) A first violation of or failure to comply with this chapter within a 12-
month period is a class 3 civil infraction.
(c) A second violation of or failure to comply with this chapter within a 12-
month period is a class 1 civil infraction
(d) A third or subsequent violation of or failure to comply with this chapter
within a 12-month period is a gross misdemeanor.
Section 14. Arlington Municipal Code Section 8.13.030 is amended to read as follows:
Ordinance No. 2010-xxx 15
8.13.030 Right of entry and inspection onto private property. Law enforcement officers
or any person authorized by the chief of the Arlington police department may enter private
property:
(a) For any reason provided for in the chapter;
(b) With consent of the owner or any adult occupant of any premises, an
officer may enter and inspect the premises where an animal lives to determine compliance with
the provisions of this chapter;
(c) An animal control authority may use reasonable force to forcibly enter the
private property or vehicle of another in the absence of the owner or occupant when, in the
officer’s judgment, an animal on such premises needs emergency assistance to prevent an
animal’s death or serious injury;
(d) An animal control authority may enter the private property of another to
enforce this chapter with a search warrant or when authorized by law;
(e) An animal control authority is authorized to remove and impound any
animal left in a motor vehicle at any location when the officer reasonably believes the animal is
confined in conditions that endanger its health or safety. Notice of the impounding and
disposition of the animal will be left in plain view with the vehicle;
(f) An animal control authority in hot pursuit may enter the private property
of another, with or without a warrant, to take possession of an animal observed to be at large;
(g) A police officer in pursuit of a dog known to be a dangerous or potentially
dangerous dog or reasonably suspected of being dangerous to persons other than wrongful
trespassers upon his or her owner’s premises may enter the premises of the owner and demand
possession of such animal and if, after request therefore, the owner or keeper of the dog shall
refuse to deliver the dog to the officer and the officer cannot with reasonable safety catch the
animal, he or she may then obtain a search warrant authorizing the seizure and impoundment of
the dog; the officer shall not enter the residence of the owner without permission or a warrant.
Section 15. Arlington Municipal Code Section 8.10.200 is amended to read as follows:
8.13.040 Impoundment procedure—Generally.
(a) Any police officer, or any person authorized by the chief of the Arlington police
department, is authorized to take into custody and impound any dog in any of the following
situations:
(1) As described previously in this chapter;
(2) When a dog is on public property or the private property of another and
the caretaker or said private property owner requests that the dog be removed; if the owner or
keeper of the dog(s) cannot be quickly and easily located or is unknown;
(3) When a dog is brought to the police department by a private citizen who
has found the dog;
Ordinance No. 2010-xxx 16
(4) When a dog has been declared potentially dangerous or dangerous
pursuant to this chapter and/or state law and is at large again, or any aggressive or vicious dog
that is at large, or has otherwise violated restrictions placed upon it, or which is in violation of
the restrictions for a dog of that classification;
(5) The dog has been subjected to cruel treatment to the extent that removal is
necessary for immediate safety and well-being of the animal;
(6) The dog’s owner or keeper is incapable or unable to continue to care for it
because of incarceration, severe illness, death, house fire or other emergency circumstances and
an agent for the owner cannot be readily located; or
(7) The dog has bitten a person, breaking or puncturing the skin, and the
owner and/or keeper is unable, incapable or unwilling to provide the ten-day quarantine
requirements. If such a dog is found at large the owner will be deemed unable to quarantine and
it can be impounded.
(b) Impounding Sick or Injured Animals. Whenever animals that are impounded by
the animal control authority are sick or injured and are treated by a licensed veterinarian, the
owner of the animal shall be liable for all costs associated with the treatment.
(c) Notice of Impounding. When any animal is impounded and the owner of the
animal can be reasonably determined, the authority impounding the animal shall attempt to give
notice to the owner by telephone or by leaving written notice at the address of the owner if the
location is within the city of Arlington. However, it shall be the responsibility of the owner to
ascertain that their animal has been impounded and to take such measures to redeem the animal.
Neither the city nor any officer or agent of the city shall be responsible for failing to notify an
animal owner under this chapter.
Section 16. Arlington Municipal Code Section 8.13.070 is amended to read as follows:
8.13.070 Chasing vehicles or cyclists. It is unlawful for an owner of a dog to fail to
prevent the dog from chasing or jumping on or at moving vehicles or cyclists lawfully using any
public Rights of Way or public properties. Any such dog is declared to be a nuisance and may
be immediately seized and impounded. The owner of said dog shall be subject to the penalty
provided for in AMC Section 8.09.080.
Section 17. Arlington Municipal Code Section 8.13.080 is amended to read as follows:
8.13.080 Threat to pedestrians or cyclists. It is unlawful for an owner of a dog to fail to
prevent the dog from snarling, growling, snapping at, or threatening any passersby or other
domestic animals lawfully upon any public Rights of Way or public properties. Any such dog is
declared to be a nuisance and may be immediately seized and impounded. The owner of said
dog shall be subject to the penalty provided for in Section 8.09.080 of this chapter.
Section 18. Arlington Municipal Code Section 8.17.010 is amended to read as follows:
Ordinance No. 2010-xxx 17
8.17.010 Keeping animals in the city—General regulations.
(a) Any person being the owner or entitled to the possession of any animal, be it livestock
or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same
within the limits of the city except if the same is now or may be hereafter forbidden by
ordinance, provided that the following conditions are adhered to.
(1). Livestock are prohibited in all areas other than those defined in this code per
Table 20.40-1, permissible use 14.120.
(2). Livestock shall be kept by securely confining the same in a stable or other
building; or an enclosure surrounded by a secure, well built fence of sufficient
height and strength to confine such animal therein; or the same may be securely
staked out in a vacant lot in such manner that it cannot get upon any street, alley,
or other public place within the city provided that the same is so confined or
staked out as to effectively prevent it from getting within One Hundred (100) feet
of any property line, dwelling or other building in which persons’ work or are
accustomed to be, or near enough to the property of another to do damage thereto
or commit any nuisance thereupon, specifically including bodies of water and
wildlife corridors; and provided, further, that any such animal shall be considered
as running at large when it breaks away from its fastenings or is herded or
permitted to feed upon any public Rights of Way or public properties.
(3). All species of fowl, rabbit or pot bellied pigs shall be kept in an approved
building, pen or enclosure.
(4). All such structures shall be located a minimum of Twenty-Five (25) feet from
any property line or adjacent residence or building, and Fifty (50) feet from any
Rights of Way, public or private.
(5). Any building, pen or enclosure which houses such animals shall be kept
clean, healthful and free from unsanitary conditions and disagreeable odors.
(6). All feed or food products shall be kept in secure, tightly sealed, rodent proof
containers.
(7). All manure and other refuse must be kept in secure, tightly sealed containers
and disposed of at least once a week in a manner approved by the animal control
officer.
(b) Hives or colonies of bees shall be kept in a manner in which they are inaccessible
to the general public and so that bee movements to and from the hive do not interfere
with the ordinary movements of persons on adjacent properties or the public right-of-
way. Hives shall be located at least fifty feet from the nearest property line. All colonies
must be registered with the director of the department of agriculture of the state of
Washington as provided in RCW 15.60.021.
(c) If any and all premises whereon any such animals are confined or kept are not
kept in the manner provided in this chapter, such officer or officers shall at once notify
Ordinance No. 2010-xxx 18
the persons owning, possessing, or using the premises for such purpose to place the same
in a safe, secure, clean, healthful, and sanitary condition, and such person shall forthwith
comply with such order.
(d) Any person violating any of the provisions of this section shall be deemed guilty
of a civil infraction and upon conviction thereof shall be fined an amount as set by
council resolution.
Section 19. Arlington Municipal Code Section 8.17.020 is amended to read as follows:
8.17.020 Potentially dangerous wild animals Prohibited
(a) A person shall not own, possess, keep, harbor, or have custody or control of a
potentially dangerous wild animal, except as provided in subsection (2) of this section.
(1) A person shall not breed a potentially dangerous wild animal.
(2) A person in legal possession of a potentially dangerous wild animal prior
to July 22, 2007, and who is the legal possessor of the animal may keep possession of the
animal for the remainder of the animal’s life. The person must maintain veterinary
records, acquisition papers for the animal, if available, or other documents or records that
establish that the person possessed the animal prior to July 22, 2007, and present the
paperwork to an animal control or law enforcement authority upon request. The person
shall have the burden of proving that he or she possessed the animal prior to July 22,
2007.
Section 20. Arlington Municipal Code Section 8.17.030 is repealed in its entirety.
Section 21. Arlington Municipal Code Section 8.17.040 is repealed in its entirety.
Section 22. Arlington Municipal Code Section 8.17.060 is amended to read as follows:
8.17.060 Driving or riding animals so as to endanger persons or property.
It is unlawful for any person to drive, herd or ride a horse or other livestock in the city in
such a manner as to endanger or to be likely to endanger any person or property, or to
drive or ride a horse or other livestock upon any sidewalk in the city at all, or any street
within a business or commercial district of the city; provided, that this section shall not
prohibit any person from driving or herding livestock in a safe manner consistent with
reasonable farming or ranching practices; and provided further, that it is not unlawful to
ride, lead or allow such animals on said streets during authorized parades, or permitted
special events.
Section 23. Arlington Municipal Code Section 8.21.020 is amended to read as follows:
8.21.020 Cruelty.
Ordinance No. 2010-xxx 19
Every person who overdrives or overloads, or overworks; tortures, torments, or deprives
of necessary sustenance; beats, mutilates, or cruelly kills; or causes, procures, authorizes,
requests or encourages any such act of cruelty and whoever having the charge or custody
of any animal, either as owner or otherwise, inflicts unnecessary suffering or pain upon
the same, or unnecessarily fails to provide the same with proper food, drink, air, light,
space, shelter, or protection from the weather, or who willfully and unreasonably drives
the same when unfit for labor or in a state of discomfort, or who abandons any animal is
guilty of a misdemeanor, punishable in accordance with AMC Section 1.04.010.
Section 24. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 25. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
Pro Tem this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
NEW BUSINESS #7
ATTACHMENT G
COUNCIL MEETING DATE:
February 1, 2010
SUBJECT:
Adoption of Ordinance, Amending and
Repealing Certain Sections of Arlington
Municipal Code Title 9 Relating to the Peace,
Morals, and Safety of the citizens of Arlington
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Proposed Ordinance Amending and Repealing Certain Sections of Arlington Municipal Code
Title 9 Relating to the Peace, Morals, and Safety of the citizens of Arlington
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the proposed
changes.
DESCRIPTION:
The attached proposed ordinance incorporates all the proposed changes to AMC Title 9 that
were reviewed with Council on January 11. Title 9 discusses a variety of issues related to
various crimes and the associated penalties.
HISTORY:
The City Council has adopted a goal of getting the Arlington Municipal Code online in a
searchable format. To accomplish this, the AMC needs to be updated to reflect current
operations and changes in state law. This is the sixth ordinance prepared for the Council to
update the AMC.
ALTERNATIVES:
Remand the proposed Ordinance back to staff for further specific revisions.
RECOMMENDED MOTION:
I move Council adopt the proposed ordinance Amending and Repealing Certain Sections of
Arlington Municipal Code Title 9 Relating to the Peace, Morals, and Safety of the citizens of
Arlington.
Ordinance No. 2010-xxx 1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING
AND REPEALING CERTAIN SECTIONS OF ARLINGTON MUNICIPAL CODE
TITLE 9 RELATING TO PEACE, MORALS, AND SAFETY OF THE CITIZENS OF
THE CITY OF ARLINGTON
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 9, relating to the peace, morals, and safety of the citizens of Arlington;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 9.08.010 is amended to read as follows:
9.08.010 Assault and other crimes involving physical harm.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.36.041, Assault in the fourth degree.
(b) RCW 9A.36.050, Reckless endangerment.
(c) RCW 9A.36.070, Coercion.
(d) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(e) RCW 9.61.230, Telephone harassment.
(f) RCW 9.61.240, Telephone harassment--Permitting telephone to be used.
(g) RCW 9.61.250, Telephone harassment--Offenses, where deemed committed.
(h) RCW 10.99.020, Definitions.
(i) RCW 10.99.030, Law enforcement officers--Training, powers, duties--Domestic
violence reports.
(j) RCW 10.99.040, Duties of court--No-contact order.
(k) RCW 10.99.055, Enforcement of orders.
(l) RCW 10.99.060, Prosecutor's notice to victim--Description of available procedures.
(m) RCW 26.09.300, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
(n) RCW 26.10.220, Restraining orders--Notice--Refusal to comply--Arrest--Penalty--
Defense--Peace officers, immunity.
Ordinance No. 2010-xxx 2
(o) RCW 26.44.067, Temporary restraining order or preliminary injunction--Contents--
Notice--Noncompliance--Defense--Penalty.
(p) RCW 26.50.010, Definitions.
(q) RCW 26.50.110, Order--Transmittal to law enforcement agency--Record in law
enforcement information system--Enforceability.
(r) RCW 26.50.120, Violation of order--Prosecuting attorney or attorney for
municipality may be requested to assist--costs and attorney's fee.
(s) RCW 26.50.140, Peace officers--immunity.
(t) RCW 9A.36.160, Failing to summon assistance.
(u) RCW 9A.36.161, Penalty
(v) RCW 9.61.260, Cyberstalking.
Section 2. Arlington Municipal Code Section 9.08.030 is amended to read as follows:
9.08.030 Aggressive begging.
(a) It is a crime for any person to engage in aggressive begging in any public place in
the city as those terms are defined by this section.
(b) As used in this section:
(1) Aggressive begging means to beg with intent to intimidate another person
into giving money or goods.
(2) Beg means to ask for money or goods as a charity, whether by words, bodily
gestures, signs or other means.
(c) Intimidate means to coerce or frighten into submission or obedience.
(d) Public place means any road, alley, lane, parking area, sidewalk or any place, private
or otherwise, adapted to and fitted for vehicular or pedestrian travel, that is in common
use by the public with the consent, expressed or implied, of the owner or owners, and
further, any public playground, school grounds, recreation grounds, parks, parkways,
park drives, park paths and rights-of-way open to the use of the public.
(e) Aggressive begging is a gross misdemeanor.
Section 3. Arlington Municipal Code Section 9.16.080 is amended to read as follows:
9.16.080 Sexual exploitation of children and minor access to erotic materials.
The following state statutes, including all future amendments, additions or deletions, are
hereby adopted by reference:
(a) RCW 9.68A.011, Definitions.
(b) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit
conduct.
(c) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit
conduct-Report required.
(d) RCW 9.68A.110(1),(2),(5), Certain defenses barred, permitted.
(e) RCW 9.68A.120, Seizure and forfeiture of property.
(f) RCW 9.68A.130, Recovery of costs of suit by minor.
(g) RCW 9.68A.150, Allowing minor on premises of live erotic performance-Penalty.
Ordinance No. 2010-xxx 3
Section 4. Arlington Municipal Code Section 9.20.030 is amended to read as follows:
9.20.030 Privacy, violating right of.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.73.010, Divulging telegram.
(b) RCW 9.73.020, Opening sealed letter.
(c) RCW 9.73.030, Intercepting, recording or divulging private communication--
Consent required--Exceptions.
(d) RCW 9.73.070, Persons and activities excepted from chapter.
(e) RCW 9.73.090, Certain emergency response personnel exempted from RCW
9.73.030 through 9.73.080--Standards--Court authorizations--Admissibility.
(f) RCW 9.73.100, Recordings available to defense counsel.
(g) RCW 9.73.080, Penalties.
Section 5. Arlington Municipal Code Section 9.28.010 is amended to read as follows:
9.28.010 Theft, unauthorized issuance of bank checks and possession of stolen property.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.56.010, Definitions.
(b) RCW 9A.56.020, Theft--Definition, defense.
(c) RCW 9A.56.050, Theft in third degree.
(d) RCW 9A.56.060, (1), (2), (3), (5), Unlawful issuance of checks or drafts.
(e) RCW 9A.56.096, Theft of rental property.
(f) RCW 9A.56.140, Possessing stolen property--Definition--Presumption.
(g) RCW 9A.56.170, Possessing stolen property in the third degree.
(h) RCW 9A.56.220, Theft of subscription television services.
(i) RCW 9A.56.230, Unlawful sale of subscription television services.
(j) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation.
(k) RCW 9A.56.270, Shopping cart theft.
(l) RCW 9A.56.063, Making or possessing motor vehicle theft tools.
Section 6. Arlington Municipal Code Section 9.28.020 is amended to read as follows:
9.28.020 Malicious mischief and obscuring identity of machines.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9A.48.090, Malicious mischief in the third degree.
(b) RCW 9A.48.100(l), Malicious mischief--"Physical damage" defined.
(c) RCW 9A.56.180, Obscuring identity of a machine.
(d) RCW 9A.48.105, Criminal street gang tagging and graffiti.
Ordinance No. 2010-xxx 4
Section 7. Arlington Municipal Code Section 9.28.040 is amended as follows:
9.28.040 Disruption of school activities.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 28A.635.020, Willfully disobeying school administrative personnel or refusing
to leave public property, violations, when — Penalty.
(b) RCW 28A.635.030, Disturbing school, school activities or meetings — Penalty.
(c) RCW 28A.635.090, Interference by force or violence — Penalty.
(d) RCW 28A.635.100, Intimidating any administrator, teacher, classified employee, or
student by threat of force or violence unlawful — Penalty.
Section 8. Arlington Municipal Code Section 9.32.010 is amended to read as follows:
9.32.010 Fraud.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.04.010, False advertising.
(b) RCW 9.45.060, Encumbered, leased or rented personal property-Construction.
(c) RCW 9.45.070, Mock auctions.
(d) RCW 9.45.080, Fraudulent removal of property.
(e) RCW 9.45.090, Knowingly receiving fraudulent conveyance.
(f) RCW 9.45.100, Fraud in assignment for benefit of creditors.
(g) RCW 9A.60.045, Criminal impersonation in the second degree.
(h) RCW 9A.60.050, False certification.
(i) RCW 9A.61.010, Definitions.
(j) RCW 9A.61.020, Defrauding public utility.
(k) RCW 9A.61.050, Defrauding a public utility in the third degree.
(l) RCW 9A.61.060, Restitution and costs.
(m) RCW 9.45.270(1), Fraudulent filing of vehicle report of sale.
Section 9. Arlington Municipal Code Section 9.36.030 is amended to read as follows:
9.36.030 Obstructing justice, criminal assistance, introducing contraband and related
offenses.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.69.100, Duty of witness of offense against child or any violent offense--
Penalty.
(b) RCW 9A.72.010, Definitions.
(c) RCW 9A.72.040, False swearing.
(d) RCW 9A.72.060, Perjury and false swearing--Retraction.
(e) RCW 9A.72.070, Perjury and false swearing--Irregularities no defense.
(f) RCW 9A.72.080, Statement of what one does not know to be true.
Ordinance No. 2010-xxx 5
(g) RCW 9A.72.140, Jury tampering.
(h) RCW 9A.72.150, Tampering with physical evidence.
(i) RCW 9A.76.010, Definitions.
(j) RCW 9A.76.020, Obstructing a law enforcement officer.
(k) RCW 9A.76.030, Refusing to summon aid for a peace officer.
(l) RCW 9A.76.040, Resisting arrest.
(m) RCW 9A.76.050, Rendering criminal assistance--Definition of terms.
(n) RCW 9A.76.060, Relative defined.
(o) RCW 9A.76.080, Rendering criminal assistance in the second degree.
(p) RCW 9A.76.090, Rendering criminal assistance in the third degree.
(q) RCW 9A.76.100, Compounding.
(r) RCW 9A.76.160, Introducing contraband in the third degree.
(s) RCW 9A.76.170(1),(2), 3(d), Bail jumping.
(t) RCW 9A.84.030, Disorderly conduct.
(u) RCW 9A.84.040, False reporting.
Section 10. Arlington Municipal Code Section 9.40.010 is amended to read as follows:
9.40.010 Statutes adopted.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 69.50.101, Definitions.
(b) RCW 69.50.204(d)(14), Schedule I-Marijuana.
(c) RCW 69.50.309, Containers.
(d) RCW 69.50.401(e), Prohibited acts: A-Penalties.
(e) RCW 69.50.412, Prohibited acts: E-Penalties.
(f) RCW 69.50.505, Seizure and forfeiture.
(g) RCW 69.50.506, Burden of proof; liabilities.
(h) RCW 69.50.509, Search and seizure of controlled substances.
Section 11. Arlington Municipal Code Section 9.40.100 is amended to read as follows:
9.40.100 Inhaling toxic fumes.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.47A.010, Definition.
(b) RCW 9.47A.020, Unlawful inhalation-Exception.
(c) RCW 9.47A.030, Possession of certain substances prohibited, when.
(d) RCW 9.47A.040, Sale of certain substances prohibited, when.
(e) RCW 9.47A.050, Penalty.
Section 12. Arlington Municipal Code Section 9.44.010 is amended to read as follows:
9.44.010 Adoption of statutes.
Ordinance No. 2010-xxx 6
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 66.04.010, Definitions.
(b) RCW 66.20.200, Unlawful acts relating to card of identification and certification
card.
(c) RCW 66.20.210, Licensee's immunity to prosecution or suit-Certification card as
evidence of good faith.
(d) RCW 66.28.090, Licensed premises or banquet permit premises open to inspection-
Failure to allow, violation.
(e) RCW 66.44.010, Local officers to enforce law-Authority of board-Liquor
enforcement officers.
(f) RCW 66.44.040, Sufficiency of description of offenses in complaints, information,
process, etc.
(g) RCW 66.44.050, Description of offense in words of statutes-Proof required.
(h) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent.
(i) RCW 66.44.070, Certified analysis is prima facie evidence for alcoholic content.
(j) RCW 66.44.080, Service of process on corporation.
(k) RCW 66.44.090, Acting without license.
(l) RCW 66.44.100, Opening or consuming liquor in public-Penalty.
(m) RCW 66.44.120, Unlawful use of seal.
(n) RCW 66.44.130, Sale of liquor by drink or bottle.
(o) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or
seal-Unlawful operation, possession of still or mash.
(p) RCW 66.44.150, Buying liquor illegally.
(q) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages.
(r) RCW 66.44.170, Illegal possession of liquor with intent to sell-Prima facie evidence,
what is.
(s) RCW 66.44.175, Violations of law.
(t) RCW 66.44.180, General penalties-Jurisdiction for violation.
(u) RCW 66.44.200, Sales to persons apparently under the influence of liquor.
(v) RCW 66.44.210, Obtaining liquor for ineligible person.
(w) RCW 66.44.240, Drinking in public conveyance-Penalty against carrier-Exception.
(x) RCW 66.44.250, Drinking in public conveyance-Penalty against individual-
Restricted application.
(y) RCW 66.44.280, Minor applying for permit.
(z) RCW 66.44.290, Minor purchasing or attempting to purchase liquor.
(aa) RCW 66.44.300, Treating minor, etc, in public place where liquor sold.
(bb) RCW 66.44.310, Minor frequenting off limits area -Misrepresentation of age-
Penalty-Classification of licenses.
(cc) RCW 66.44.325, Unlawful transfer to a minor of an identification of age.
(dd) RCW 66.44.328, Preparation or acquisition and supply to persons under age 21-one
of facsimile or official identification card-Penalty.
(ee) RCW 66.44.340, Employees 18 years and over allowed to sell and handle beer and
wine for Class E and/or Class F employers.
(ff) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor,
clean up, etc., for Class A, C, D and/or H licensed employers.
Ordinance No. 2010-xxx 7
(gg) RCW 66.44.370, Resisting or opposing officers in enforcement of title.
Section 13. Arlington Municipal Code Section 9.44.030 is repealed in its entirety.
Section 14. Arlington Municipal Code Section 9.48.010 is amended to read as follows:
9.48.010 Firearms and dangerous weapons: prohibitions.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.41.010, Terms defined.
(b) RCW 9.41.050, Carrying firearms.
(c) RCW 9.41.060, Exceptions to restrictions on carrying firearms.
(d) RCW 9.41.080, Delivery to ineligible persons.
(e) RCW 9.41.098, Forfeiture of firearms-Disposition-Confiscation.
(f) RCW 9.41.100, Dealer licensing and registration required.
(g) RCW 9.41.140, Alteration of identifying marks-Exceptions.
(h) RCW 9.41.170, Alien's license to carry firearms-Exception.
(i) RCW 9.41.230, Aiming or discharging firearms, dangerous weapons.
(j) RCW 9.41.240, Possession of pistol by person from eighteen to twenty-one.
(k) RCW 9.41.250, Dangerous weapons-Penalty.
(l) RCW 9.41.260, Dangerous exhibitions.
(m) RCW 9.41.270, Weapons apparently capable of producing bodily harm-Unlawful
carrying or handling-Penalty-Exceptions.
(n) RCW 9.41.280, Carrying dangerous weapons on school facilities-Penalty-
Exceptions.
Section 15. Arlington Municipal Code Section 9.48.030 is amended as follows:
9.48.030 Weapons prohibited on liquor sale premises.
It is a misdemeanor for anyone, on or in any premises classified by the state liquor board
as off-limits to persons under twenty-one years of age to:
(a) Carry in any manner any firearm, rifle or handgun, whether such person has a license
or permit to carry such firearm or not, and whether such firearm is concealed or not; or
(b) Carry any knife, sword, dagger or other cutting or stabbing instrument, with a blade
of a length of three inches or more, or any razor with an unguarded blade, whether such
weapon or instrument is concealed or not; or
(c) Carry any instrument or weapon of the kind usually known as a slingshot, taser,
throwing star, bow, sand club, blackjack, metal knuckles, or any stick, chain, metal pipe,
bar, club or combination thereof including a device known as nunchuk sticks, or any like
device having the same or similar components or parts, whether or not connected by a
rope, chain or other device, or any explosive or any poison or injurious gas, or any other
instrument or weapon apparently capable of producing bodily harm, whether such
instrument or weapon is concealed or not.
The provisions of subsection (a) of this section will not apply to or affect the following:
(a) Any lawful act committed by a person while in his or her fixed place of business; or
Ordinance No. 2010-xxx 8
(b) Any person who by virtue of his or her office or public employment is vested by law
with a duty to preserve public safety, maintain public order, or to make arrests for
offenses, whether during regular duty hours or not; or
(c) Any person making or assisting in making a lawful arrest for the commission of a
felony.
Upon conviction, the weapon or instrument involved may be confiscated by order of the
court and disposed of in accordance with statutes or ordinances governing the disposal of
confiscated or found property.
Section 16. Arlington Municipal Code Section 9.48.040 is repealed in its entirety.
Section 17. Arlington Municipal Code Section 9.52.010 is amended to read as follows:
9.52.010 Conduct prohibited.
The following state statutes, including all future amendments, additions or deletions, are
adopted by reference:
(a) RCW 9.91.010, Denial of civil rights--Terms defined.
(b) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated.
(c) RCW 9.91.025, Unlawful bus conduct.
(d) RCW 9.03.010, Abandoning, discarding refrigeration equipment.
(e) RCW 9.03.020, Permitting unused equipment to remain on premises.
(f) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020.
(g) RCW 9.03.040, Keeping or storing equipment for sale.
(h) RCW 9.46.196, Cheating--Defined.
(i) RCW 9.46.1962, Cheating in the second degree.
(j) RCW 16.52.011, Definitions--Principles of liability.
(k) RCW 16.52.080, Transporting or confining in unsafe manner--Penalty.
(l) RCW 16.52.085, Removal of animals for feeding--Examination--Notice--Euthanasia.
(m) RCW 16.52.095, Cutting ears--Misdemeanor.
(n) RCW 16.52.100, Confinement without food and water--Intervention by others.
(o) RCW 16.52.110, Old or diseased animals at large.
(p) RCW 16.52.117, Animal fighting--Owners, trainers, spectators--Exceptions.
(q) RCW 16.52.165, Punishment--Conviction of misdemeanor.
(r) RCW 16.52.180, Limitations on application of chapter.
(s) RCW 16.52.185, Exclusions from chapter.
(t) RCW 16.52.190, Poisoning animals.
(u) RCW 16.52.193, Poisoning animals--Strychnine sales--Records--Report on
suspected purchases.
(v) RCW 16.52.200, Sentences--Forfeiture of animals--Liability for costs--Civil
penalty--Education, counseling.
(w) RCW 16.52.207, Animal cruelty in the second degree.
(x) RCW 16.52.015, Enforcement – Law Enforcement agencies and animal care and
control agencies.
Ordinance No. 2010-xxx 9
Section 18. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 19. Effective Date. A summary of this Ordinance consisting of
its title shall be published in the official newspaper of the City, and shall take effect and be in full
force five (5) days after the date of publication.
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
Pro Tem this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney