HomeMy WebLinkAbout09-13-10 Council Workshop
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. Review of AMC Title 10 Parking Regulations
2. (10 min) RH2 Study of 67th Trunk Infrastructure Proposal ATTACHMENT A
3. (20 min) 67th Ave, Phase 3 Presentation by HDR ATTACHMENT B
4. (15 min) Stormwater Wetland Project Update and Contract ATTACHMENT BB
5. (10 min) Fiber Agreement for Fire Station 48 ATTACHMENT C
6. (5 min) Fire Interlocal for equipment use ATTACHMENT D
7. (5 min) MOU with the State for a Disaster Staging Area ATTACHMENT E
8. (5 min) Snohomish County Legislative Agenda ATTACHMENT F
9. (5 min) AMC – Title 1 ATTACHMENT G
10. (5 min) AMC – Chapter 2.04 ATTACHMENT H
11. (5 min) AMC – Chapter 2.xxx – BVFF ATTACHMENT I
12. (5 min) AMC – Chapter 2.xxx – LEOFF Board ATTACHMENT J
13. (5 min) PUD Easement on 51st ATTACHMENT K
14. (10 min) Joint Public Hearing with Snohomish County Council ATTACHMENT L
- Open Space Designation Application
15. (5 min) Interlocal Agreement between the SR9 Coalition Cities ATTACHMENT M
for Lobbying Services
16. Miscellaneous Council items
ADJOURNMENT
To download all attachments, click here
Arlington City Council Workshop
September 13, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL WORKSHOP DATE:
September 13, 2010
SUBJECT:
67th Ave Trunk Sewer Assessment
DEPARTMENT OF ORIGIN:
Public Works Administration
ATTACHMENTS:
• None
EXPENDITURES REQUESTED: To Be Determined
BUDGET CATEGORY: Sewer Utility CIP fund
LEGAL REVIEW: Pending review by City Attorney
DESCRIPTION: Proposal for consulting work to perform a study and prepare a report on
recommended action for improving and increasing capacity in the 67th Ave trunk sewer
HISTORY: The City’s trunk sewer (main sewer line) is a 24-inch sewer that travels south from the
treatment plant along 67th Ave.; the 24-inch sewer reduces to a 15-inch sewer at 211th St. This sewer is
the City’s main sewer line that collects effectively 95% of Arlington’s wastewater flows.
Recent flow studies show that the sewer line is flowing at over 85% capacity at times; most of these
instances correlate to when lift stations are on-line. However, with future growth in the SR-9/172nd
St. area and in the Breakhaus-Beach area; the City trunk sewer line does bnot have the capacity to
accommodate the increase flow.
The proposed study and sewer main improvements have been addressed as a needed capital
improvement in the 2008 Sewer Comprehensive Plan. This proposed study will examine loading and
flows generated by future growth, propose sewer improvement projects, estimate costs for such
improvements, and identify ways to fund such improvements (low cost loand, recovery contract,
LID, etc.).
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
Discussion only, no action will be taken.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL WORKSHOP DATE:
September 13, 2010
SUBJECT:
HDR Engineering Contract for 67th Avenue
Reconstruction Project Phase III Final Design
Contract
DEPARTMENT OF ORIGIN:
Public Works Administration
ATTACHMENTS:
• Scope of Work
• Budget
EXPENDITURES REQUESTED:
BUDGET CATEGORY: Transportation Improvement
LEGAL REVIEW: City Attorney is reviewing
DESCRIPTION: HDR Engineering and City Staff will present and overview of the project, status of
current 30% design efforts and the scope of work ,schedule and budget to bring the design work to
completion.
HISTORY: In May of 2009 Council authorized staff to contract with HDR Engineering for
Completion of a 30% design for Phase III reconstruction of 67th Avenue NE from 204th Street NE to
Olympic Avenue and West Avenue. The 30% design is nearing completion and the City is now
preparing to move forward with the final design of the project. This project is funded through grant
funding and transportation mitigation.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
Presentation only, no action will be taken.
Exhibit A‐1, Scope of Services Page 1
67th Avenue Phase III Reconstruction
City of Arlington, Washington
Supplement 3 Scope of Services – Final Design
Introduction
During the term of this Agreement, HDR Engineering, Inc., (CONSULTANT) shall
perform professional services for the City of Arlington (CITY) in connection with the
67th Avenue Phase III Reconstruction Project (PROJECT). This Scope of Services shall
be used to plan, conduct, and complete the work on the PROJECT as described herein or
as amended by written Agreement between the CONSULTANT and CITY.
The PROJECT shall include topographic basemapping, geotechnical investigation,
roadway alternatives design, right-of-way services, public involvement, environmental
investigation and permit preparation, wetland mitigation, railroad coordination, utilities
coordination, illumination, traffic signal design, utilities design and coordination, fish
passable culverts, storm drainage, structures, and plans, specifications, and estimate.
Task A - Project Management
1. Meetings and Project Reporting
Progress meetings with the CITY shall be conducted on bi-weekly basis.
CONSULTANT shall provide the CITY with an agenda before each progress
meeting. CONSULTANT shall be responsible for taking minutes at progress
meetings and shall supply the CITY with a copy of the meeting notes.
CONSULTANT shall prepare and submit a Progress Report with each invoice.
The Progress Report shall summarize:
Work accomplished during the billing period
Work planned during the next billing period
Meetings attended
Issues encountered and recommendations for addressing issues
Potential impacts to scope, schedule or budget
Monthly invoices for work completed shall be submitted to the CITY.
CONSULTANT shall be proactive in discussing project issues or potential project
issues, and shall present alternatives or make recommendations to address the
issues.
An Earned Value Worksheet shall be updated and submitted by CONSULTANT
with each invoice. The purpose of the Earned Value Worksheet is to help
effectively manage and track schedule and budget. An assessment of the
percentage of work completed for each task shall be made by CONSULTANT for
each invoice.
Assumptions:
Project duration for this supplement shall be 8 months
16 1-hour progress meetings shall occur (6 in-person, 10 conference call)
Exhibit A‐1, Scope of Services Page 2
Deliverable(s):
Monthly invoices and progress reports (1 hard copy)
Meeting minutes from progress meetings (1 electronic PDF copy)
2. Schedule
A baseline critical path schedule shall be developed by CONSULTANT for the
PROJECT. The schedule shall incorporate CITY review times and other
timeframes that require CITY action or approval. The schedule shall be used to
manage project work and help keep the CITY informed about project progress.
Assumptions:
Schedule shall be developed and maintained in MS Project
Deliverable(s):
One electronic and one hardcopy of the following:
Draft PROJECT schedule (1 hard copy and 1 electronic PDF copy)
Final/Baseline PROJECT Schedule (1 hard copy and 1 electronic PDF
copy)
Monthly updates to the PROJECT schedule (1 electronic PDF copy)
3. Subconsultant Management
It is the responsibility of CONSULTANT to manage the consultant team.
Subconsultants shall report directly to CONSULTANT for PROJECT direction
and management. CONSULTANT shall:
Establish, maintain, and administer agreements with subconsultants, and
ensure contractual requirements are met.
Provide regular direction to CONSULTANT team.
Conduct internal coordination meetings between PROJECT team
members as appropriate to control the work.
Monitor the planned versus actual rate of expenditure for each Task and
take corrective actions, if and when necessary.
Monitor the planned versus actual rate of progress for each Task and take
corrective actions, if and when necessary.
Inform the PROJECT team of issues to be resolved, the schedule for
resolution, and the potential impacts to the successful completion of the
PROJECT.
Monitor in-house and subconsultant work for adherence to scope,
schedule, budget, and quality standards.
Manage integration of the subconsultant’s work.
Monitor and confirm that PROJECT work is being performed and
prepared in compliance with the stated PROJECT standards. Verify that
the documents and electronic files generated for the PROJECT are being
Exhibit A‐1, Scope of Services Page 3
documented and retained in PROJECT files consistent with CITY and
CONSULTANT requirements.
Assumptions:
None
Deliverables:
CONSULTANT team management
Task B - Quality Assurance/Quality Control
CONSULTANT shall have an independent senior staff member perform a quality
control review prior to the submittal of deliverables to the CITY. This effort shall
consist of a review of PROJECT plans, estimates and reports for constructability
and consistency.
Assumptions:
HDR’s QA/QC program shall be used
Deliverables:
Completed QA/QC form with each submittal (1 hard copy and 1 electronic
PDF copy)
Task D - Basemapping
1. Survey
A. Supplemental Survey
(i) During preparation of the final design PS&E, two additional days of
survey shall be performed to pick up additional topographic features
identified by the CITY and/or CONSULTANT.
(ii) Additional survey of Prairie Creek to a location that is approximately 100’
south of 204th Street to include top of bank, OHWM, water surface
elevation, toe of bank, thalweg, and sufficient ground shots to create a 1-
foot contour map.
(iii)An additional 200’ of utility surveying south of 204th Street on 67th
Avenue.
3. Right-of-Way
Survey right-of-way (ROW) monuments around the PROJECT site in order to
determine the ROW lines.
4. Basemap Preparation
Create an AutoCAD basemap depicting the topography collected above
Update the digital terrain model based on the supplemental survey as
necessary, showing 1’ contour lines.
Exhibit A‐1, Scope of Services Page 4
Assumptions:
CONSULTANT surveyors shall request informal permission from
property owners in the field to survey on private property. If informal
permission is not granted, the CITY shall be responsible for obtaining
formal Right-of-Entry onto the adjacent private property, so that
CONSULTANT can perform the survey.
Coordinate system shall be State Plane North Zone (horizontal) &
NAVD88 (vertical).
Basemap shall be created using AutoCAD LDD 2006.
Basemap shall use APWA standards for linetypes and symbology.
Deliverables:
AutoCAD topographic basemap (electronic)
AutoCAD LDD digital terrain model (electronic)
Task E - Geotechnical Investigation and Report
Services shall include borings and analysis for stream culvert foundations and
pedestrian bridge foundation, and provide three monitoring wells for determination of
ground water levels at infiltration pond locations.
1. Field Investigation
Consultant shall provide borings and analysis for the stream culvert
foundations and pedestrian bridge.
Three borings shall be drilled at candidate stormwater infiltration sites and
shall be completed as monitoring wells in accordance with Ecology
requirements. The wells shall be completed at the ground surface in flush-
mounted monument covers.
2. Design Recommendations
Provide recommendations for pedestrian bridge foundation support.
Provide conclusions regarding dewatering requirements for fish passage
culvert construction, and recommendations for culvert foundations.
Assumptions:
The CITY shall be responsible for obtaining Right-of-Entry onto the
adjacent private property where required
The CITY shall provide a street use permit for borings without a fee
Deliverables:
Updated Geotechnical Report (1 hard copy and 1 electronic PDF copy
each)
Task G - Right-of-Way
Services shall include appraisal and acquisition services to WSDOT LAG Manual
standards as defined in the following work elements.
Exhibit A‐1, Scope of Services Page 5
General Assumptions for All Right-of-Way Work Elements
CONSULTANT shall follow the Uniform Relocation Act, WSDOT LAG manual
guidelines, applicable state and local laws and CITY administrative rules for right
of way acquisition for real estate services provided for this project.
CITY shall pre-approve real estate forms used for this project prior to
CONSULTANT’S use.
CITY agrees to provide CONSULTANT with the CITY’s state-approved right-of-
way procedures, environmental documentation, and any pre-approved CITY
right-of-way forms.
There are a maximum of ten (10) parcels to be acquired for this project requiring
five (5) appraisals, five (5) complex acquisitions and five (5) temporary
easements or low impact acquisitions.
1. Task Management and Pre-Acquisition Services
The CONSULTANT shall provide overall project management and quality control
for right-of-way services, develop a tracking spreadsheet to manage schedule for
appraisal and acquisition activities, prepare a review memo for title reports on parcels
to be acquired, review preliminary construction and right-of-way plans, attend
necessary project team and client meetings, participate in public or early landowner
meetings and prepare files and diaries for the anticipated acquisitions.
Assumptions:
A monthly ROW appraisal and acquisition tracking report shall be
supplied to CITY beginning when appraisals are ordered and concluding
at the end of the project.
A QC checklist shall be completed for each appraisal or acquisition
deliverable and placed in the appropriate project file.
CONSULTANT shall order and prepare a review memo for a maximum
of 10 title reports with the fees for each report being invoiced to the CITY
as a direct expense.
A review of both preliminary and final Construction and ROW plans shall
be done by CONSULTANT to identify and mitigate ROW acquisition
concerns.
There shall be a maximum of 12 project team or client meetings.
There shall be a maximum of 10 public or early landowner meetings.
CONSULTANT shall have a minimum of one and a maximum of two
staff attending any scheduled meetings.
A hard copy and electronic file and diary shall be prepared for each
acquisition parcel.
Deliverables:
Management of right of way services and monthly ROW tracking report
(1 hard copy and 1 electronic PDF copy each)
QC Checklists (1 hard copy and 1 electronic PDF copy each)
Exhibit A‐1, Scope of Services Page 6
Title Review Memos and Title Reports (1 hard copy and 1 electronic PDF
copy each)
Comments memo or redline of Construction and ROW Plan review (1
hard copy and 1 electronic PDF copy each)
Project team and client meeting participation (1 hard copy and 1 electronic
PDF copy each)
Public and early landowner meeting participation (1 hard copy and 1
electronic PDF copy each)
Parcel diary and file preparation (1 hard copy and 1 electronic PDF copy
each)
2. Project Funding Estimate and Administrative Offer Summaries
CONSULTANT shall prepare a project funding estimate (PFE) using available
assessment data and other public records and appraisal data collected as part of the
appraisal process. The PFE shall consist of a brief narrative, comparable sales sheet,
individual worksheets and overall cost spreadsheet. Administrative offer summary
(AOS) reports shall be prepared for uncomplicated low value acquisitions.
Assumptions:
There shall be a maximum of one PFE for a maximum of 10 parcels
prepared
The PFE shall be based on readily available public and market data
There shall be a maximum of 5 AOS reports prepared
The AOS reports shall be prepared based on the market data collected
through the PFE and appraisal process
Deliverables:
PFE Report (1 hard copy and 1 electronic PDF copy each)
AOS Reports (1 hard copy and 1 electronic PDF copy each)
3. Appraisal, Appraisal Review and Appraisal Management
The CONSULTANT shall manage the appraisal and appraisal review process and
prepare appraisals and reviews. This shall include development of individual
appraisal scope and an appraisal schedule, assembling and disseminating needed
project data to the appraiser, drafting and delivery of landowner contact letters for
affected parcels, preparation of an appraisal QC checklists and delivery of an
appraisal and appraisal review for each appraised parcel.
Assumptions:
CONSULTANT shall manage their appraisal staff to develop the most
expeditious schedule for delivery of appraisals
CITY shall establish just compensation to be offered each owner by
executing the Determination of Value Statement on the Appraisal Reviews
in a timely manner
CITY shall provide any available information to CONSULTANT that is
needed to complete the assigned appraisals
Exhibit A‐1, Scope of Services Page 7
There shall be a maximum of 5 parcels to be appraised and reviewed
The appraisal costs were estimated on limited data assuming primarly land
valuations with no major impacts to existing buildings and will need to be
updated if major property impacts occur.
Deliverables:
Appraisal management (1 hard copy and 1 electronic PDF copy each)
Appraisal scope and schedule (1 hard copy and 1 electronic PDF copy
each)
Landowner Contact letters (1 hard copy and 1 electronic PDF copy each)
A QC Checklist for each appraisal completed (1 hard copy and 1
electronic PDF copy each)
Appraisal Reports and Appraisal Reviews (1 hard copy and 1 electronic
PDF copy each)
4. ROW Acquisitions and Negotiations
CONSULTANT shall develop an acquisition schedule, review survey legal
descriptions and exhibits, prepare offer packages, present offers and negotiate
purchases, prepare administrative settlement memos and condemnation packages,
prepare executed documents for agency approval, process executed documents and
manage the escrow closing process. At the end of the project acquisition files shall be
transmitted to the CITY with original documents.
Assumptions:
CITY will have sufficient funding to pay for the acquisition of any parcel
assigned.
CITY shall approve acquisition forms prior to their use.
Legal descriptions shall be stamped by the project surveyor and include an
exhibit.
CONSULTANT shall coordinate with CITY to determine
CONSULTANT’s settlement authority with justification over the
approved offer for each.
Parcels shall be closed in escrow.
CITY will be responsible for a risk decision on encumbrances to be
cleared or accepted.
There shall be a maximum of 10 parcels to be acquired.
If after a maximum of four (4) meaningful contacts (meaningful contact
being an in-person meeting or detailed phone conversation, email or
written correspondence with landowner) have been made without reaching
settlement then CITY and CONSULTANT agree to meet and develop an
appropriate acquisition strategy for any unsettled parcel.
CONSULTANT’S acquisition duties shall be deemed complete if any of
the following occur: a negotiated settlement approved by the CITY is
reached and the necessary documents are executed; a paid P&U is secured
and the acquisition file is transmitted to CITY; an impasse in negotiations
is reached and the parcel is submitted for condemnation; a landowner
Exhibit A‐1, Scope of Services Page 8
requests an appraisal for any AOS parcel; the acquisition type, impacts or
area is changed after the appraisal is ordered; or the offer to purchase is
rescinded.
Deliverables:
Acquisition schedule (1 hard copy and 1 electronic PDF copy each)
Review of Survey legal descriptions and exhibits
Completed Acquisition Documents (1 hard copy and 1 electronic PDF
copy each)
Negotiation Services
Administrative Settlement Memos (1 hard copy and 1 electronic PDF copy
each)
Completed acquisitions or condemnation packages (1 hard copy and 1
electronic PDF copy each)
Escrow management
Completed files (1 hard copy)
5. Prepare ROW Certification Package
CONSULTANT shall prepare files for certification to the standards of the
Washington State Department of Transportation LAG manual and prepare a
certification memo for CITY. The completed files shall be organized to facilitate easy
review by the LPA Reviewing Agent and CONSULTANT shall provide one Senior
Agent to participate with CITY during the certification review process.
Assumptions:
There will be a maximum of 10 acquisition files
There will be a maximum of one certification memo prepared
There will be a maximum of one certification review meeting of two (2)
hour duration
Deliverables:
Certification files (1 hard copy)
Final Certification Memo (1 hard copy and 1 electronic PDF copy each)
Participation in LPA Certification Reviews
6. Right-of-Way Plans
A. Prepare Right-of-Way Plans for the Project Corridor which includes
ownership tables that identify the necessary easements and fee takes.
B. Prepare exhibits and legal descriptions for takes and easements.
Assumptions:
CITY to provide title reports for parcels needing easements or fee takes.
Ten exhibits including legal descriptions are assumed for the Project.
Right-of-Way Plans shall be prepared for the 60% Submittal. Only one
revision shall be necessary after that.
Exhibit A‐1, Scope of Services Page 9
Deliverables:
Complete Right-of-Way Plans prepared by a land surveyor licensed in
Washington State.
Task H - Public Involvement
CONSULTANT shall support the CITY to engage in an open dialogue with the
community about improvements being planned for the PROJECT. CONSULTANT
shall work closely with the CITY staff to develop a tailored public outreach program
to maximize citizen awareness and understanding of the PROJECT and involvement
in the development of the PROJECT final design. The CITY will be responsible for
scheduling and reserving ADA- and transit-accessible meeting venues, providing
refreshments and attending any community events. The CITY will be billed directly
for the cost of any printed display or informational materials.
1. Comment and Contact Database
CONSULTANT shall maintain an existing MS Excel project database to track public
comments and responses, contact information for interested parties and key
stakeholders, and activities and meetings held.
Assumptions:
None
Deliverables:
Comment/contact database in MS Excel (electronic copy)
Monthly database reports (electronic copy)
2. Public Open House
A. Meeting Logistics
CONSULTANT shall prepare and provide equipment for, support, set up and
orchestrate (including active facilitation if necessary) one public open house. It is
assumed that the public open house will last up to four hours and will be a
combination of information sharing and dialogue through an open house format,
presentation, and informal opportunities for the public to provide input to team
members and CITY staff present at each meeting. The public open house will be
held near the end of the final design development process, to present and receive
public input on the final 100% design concept. CONSULTANT shall provide a
summary of both the verbal and written comments received at the public open
house. The CITY will be responsible for scheduling and reserving ADA- and
transit-accessible meeting venues, providing refreshments and attending each
meeting.
B. Meeting Advertisements for Public Open House
CONSULTANT shall prepare a display advertisement announcing the public
open house to be placed in publications by the CITY and on the CITY’s project
Web page. CONSULTANT shall also prepare and distribute flyers advertising the
public events, to be placed at local gathering spaces.
Exhibit A‐1, Scope of Services Page 10
Assumptions:
Meeting advertisements to be placed and paid for by the CITY
Deliverables:
Public meeting display advertisement (1 electronic copy)
Public meeting flyer (1 electronic copy)
C. Meeting Displays and Materials for Public Open House
CONSULTANT shall coordinate and support the development and graphic design
for up to 15 10 display boards to provide information about the project issues,
benefits, and design. CONSULTANT shall also prepare comment forms and a
take-away fact sheet about the project and next steps.
Assumptions:
CONSULTANT shall coordinate printing of materials, to be paid for
directly by the CITY
Deliverables:
Draft and final meeting plan for the public open house; includes meeting
agenda, format, roles and responsibilities, and meeting logistics (1 hard
copy and 1 electronic PDF copy each)
Draft and final project fact sheet (1 hard copy and 1 electronic PDF copy
each)
Draft and final display boards (up to 15 10 total) and meeting materials
(comment form and handouts) (1 hard copy and 1 electronic PDF copy
each)
Draft and final meeting summary for the public open house (1 hard copy
and 1 electronic PDF copy each)
3. Stakeholder Interviews
CONSULTANT shall prepare for, support, schedule and conduct stakeholder
interviews and meetings (up to 12 6 total). Interviews will be held throughout the
final design development process with key stakeholders along the project corridor, as
identified by CONSULTANT and CITY staff. The interviews will provide an
opportunity to address issues as they arise, discuss stakeholder questions and
concerns, and inform the final design.
It is assumed that each stakeholder interview will last approximately 60 minutes.
CONSULTANT shall provide a written summary of each stakeholder interview.
Assumptions:
CONSULTANT to attend stakeholder interviews. CITY staff to also
attend, when determined appropriate by the CITY.
Exhibit A‐1, Scope of Services Page 11
Deliverables:
Agendas and discussion questions for each stakeholder interview (1 hard
copy and 1 PDF electronic copy each)
Project fact sheet for distribution at each stakeholder interview (1 hard
copy and 1 electronic PDF copy each)
One draft and one final summary for each stakeholder interview (1 hard
copy and 1 electronic PDF copy each)
4. City Council Meetings
CONSULTANT shall provide support to attend, draft materials for, and write a
summary of City Council meetings and/or workshops to review and approve the final
design concept.
Assumptions:
CITY to arrange for Council Chambers or another room of the CITY’s
choosing for four hours.
Deliverables:
Attendance at up to two City Council meetings and/or workshops
Support to develop up to two informational packets for City Council
meetings and/or workshops
Summaries of project specific discussion at City Council meetings and/or
workshops, including public comments
5.4.Web page
CONSULTANT shall coordinate with the CITY Web site manager to maintain and
update a project Web page that features information about the project, key milestones,
informational materials (including materials provided at public meetings), upcoming
opportunities for public input, and contact information for the project team. The site
will be developed and managed by the CITY.
Assumptions:
Web page content to be developed by CONSULTANT and reviewed by
the CITY
We page will be hosted and managed by the CITY
Deliverables:
Draft and final Web page content
Up to three Web page updates as necessary
6.5.Public Outreach and Comment Summary
CONSULTANT shall develop one draft and one final summary of public outreach
activities conducted and issues identified during this phase of the project.
Assumptions:
None
Exhibit A‐1, Scope of Services Page 12
Deliverables:
One draft and one final public involvement summary (1 hard copy and 1
electronic PDF copy each)
Task I - Environmental Investigation and Permit Preparation
1. Permits
Permits shall be required for in-water construction, wetland fill, and critical area
modification. Preparation of federal, state, and local agency permit application forms,
graphics, and compilation of required documents or plans for the permits identified
below shall be completed as part of this phase of work. Development of supporting
narratives or criteria justification is also anticipated and included in this scope. Permit
support such as response to CITY review and Agency comments (not to exceed 15
comments) coordinated shall be prepared by the CONSULTANT.
Assumptions:
Upon completion of 30% design, a mitigation site shall have been chosen
and documented in a conceptual mitigation report.
Mitigation design shall be limited to one site that incorporates the
necessary elements to cover both the wetland and stream mitigation
requirements.
Permits for construction such as clear and grade, right-of-way, and
NPDES, are not included with this scope of work.
Rights of entry to potential off-site wetland mitigation sites shall be
coordinated by the CITY.
A mitigation site has yet to be selected. Additional cultural resources,
wetland delineation field work, and survey would be required if an off-site
location is chosen outside of the PROJECT area in the 30% design. Funds
to cover that extra effort would need to be in a separate authorization from
the CITY.
The CITY will handle work related to issuing a SEPA determination prior
to submittal of permit applications.
Permit application packages shall be prepared by the CONSULTANT.
The CITY will be sign required forms, prepare submittal letters, and be
responsible for formal submittal to the agencies.
The CITY will pay any and permit in-take fees.
Deliverables/Permit Applications:
Draft and Final – Final Mitigation Report (1 hard copy and 1 electronic
PDF copy each)
JARPA with figures for submittal to Corps (1 hard copy and 1 electronic
PDF copy each)
JARPA with figures for submittal to WDFW (1 hard copy and 1 electronic
PDF copy each)
Local permit application for critical area modifications (1 hard copy and 1
electronic PDF copy each)
Exhibit A‐1, Scope of Services Page 13
Task J - BNSF Coordination
1. Agency Coordination
Schedule two additional meetings with BNSF prior to 100% design submittal.
2. Agreement Review and Delivery
CONSULTANT shall assist the CITY in its review of the Construction and
Maintenance Agreement (BNSF uses a boilerplate agreement). CONSULTANT shall
coordinate with BNSF in its review and delivery of the construction and maintenance
agreement. The maximum number of hours for this task is 20.
3. Design Review
Provide Quality Control of Railroad plan and easement exhibits
Assumptions:
BNSF will prepare the Construction and Maintenance Agreement for
CITY’s review and execution
Deliverables:
BNSF Meeting minutes (1 hard copy and 1 electronic PDF copy each)
Fully executed Construction and Maintenance Agreement and waiver of
WUTC petition (1 hard copy and 1 electronic PDF copy each)
Railroad plan and easement exhibits (1 hard copy and 1 electronic PDF
copy each)
Task M - Utilities Coordination and Design
Design of utility improvements shall be provided to support the proposed roadway
development. Anticipated utility design services include a CITY fiber optic duct, a
new 6-inch PVC reclaimed water pipe along the entire project corridor, upsizing of
approximately 1,400 lf of sanitary sewer pipe, and associated adjustments to existing
water, sewer, and storm drainage facilities. Coordination shall be provided with the
CITY and utility purveyors to support required adjustments to other utilities,
including power, natural gas, traffic signal, and communications facilities.
Assumptions:
Existing utilities shall remain in their current location and condition as
practicable and reasonable to support the proposed roadway
improvements. Wholesale replacement of existing utility installations is
not anticipated.
Assume two site visits (5 hours each) and corresponding meetings with
CITY officials to coordinate utility adjustments.
CITY fiber optic duct design shall include alignment of conduit, pull
boxes, and ancillary structures as needed to provide adequate duct for
future wire installations. Wire and wire pulling shall be provided by the
CITY, and not included in this scope.
Exhibit A‐1, Scope of Services Page 14
Reclaimed water facilities for this project include a single 6” PVC purple
pipe, including fittings, valves and fixtures, extending the length of the
project corridor. Pipe shall be capped and marked with terminal end
markers in the right-of-way.
Sewer line replacement shall be coordinated with replacement of the fish
passage culverts. Inverted siphons or other extraordinary measures shall
not be required to cross the stream culverts.
Deliverables:
Deliverables included in PS&E tasks
Task N - Fish Passable Culverts
This section of the scope applies to the development of fish passage at Prairie and
Porter Creek crossings as well analysis of the additional culverts to support proposed
widening and placement of bridge foundation outside of 100-year floodway. Design
includes resolution of new WDFW coordination for determination of culvert width
based on new WDFW methodology.
Assumptions:
Coordinate new design methodology for determining culvert size with
WDFW. Update fish passage culvert designs as necessary.
The proposed location of new trail crossing of Prairie Creek shall be at an
existing driveway location. The existing prism shall not be changed at this
location, therefore replacement of the existing culvert is not required as
part of this project.
The proposed location of the new trail crossing of Portage Creek shall be
accomplished using a pre-fabricated single span bridge; therefore culvert
design at this location shall not be required for the PROJECT.
Hydraulic modeling using HEC-RAS, Version 4.1.0 shall be performed
along Prairie Creek from 204th Street to 100 feet upstream of the crossing
of 206th Place NE. Model shall be used to determine water surface
elevations and flow velocities before and after proposed culvert
replacement at 67th Avenue NE crossing, and to determine potential
increase in water surface elevations on private property located adjacent to
67th Avenue NE.
Hydraulic modeling using HEC-RAS, Version 4.1.0 shall be performed
along reach of Portage Creek from immediately upstream of BNSF
railroad crossing to Pond B located on the Stillaguamish Pioneer Valley
Museum Property. Model shall be used to determine water surface
elevations and flow velocities before and after proposed culvert
replacement at 67th Avenue NE crossing, and to determine the 100-year
water surface elevation at proposed bike path crossing.
Hydraulic modeling results shall be presented in a brief 4-5 page
Hydraulic Modeling Analysis Technical Memorandum to be included in
hydraulic report as appendix.
Exhibit A‐1, Scope of Services Page 15
Review survey for completeness and geotechnical information for
recommendations. Provide comments on draft and back check final
products. Incorporate geotechnical recommendations on foundation and
dewatering into project design.
Assume that wingwalls shall not be required for stream simulation culvert.
Hydrology is based upon regression equations to include standard error of
estimate to insure culvert is not undersized.
Stream diversion plan for each crossing to be designed by the Contractor
as a part of construction bid.
Assume stream channel restoration is not required.
Deliverables:
Hydraulic Modeling Analysis Technical Memorandum
HEC-RAS Model of Prairie and Portage Creeks
New culvert design for Prairie and Portage Creeks included in PS&E tasks
Task O - Storm Drainage
Stormwater facilities shall be upgraded to support the proposed roadway
improvements within the project area. Upgrades shall be developed in accordance
with State and local guidelines to provide updated conveyance and storm water
treatment features as needed to adequately manage project runoff. Infiltration BMPs
and Low Impact Development methods shall be evaluated and used where
appropriate for treatment. Design activities shall include hydrologic and hydraulic
analyses, documentation, permitting support, and production of plans, specifications,
and cost estimates.
Assumptions:
Stormwater solutions shall be developed to manage project site runoff.
Regional solutions to address wide scale basin or watershed issues shall
not be addressed as part of this scope.
Much of the existing drainage system on 67th Avenue NE is antiquated
and/or does not meet current development standards. Existing stormwater
facilities shall be replaced as needed to provide for updated design and
treatment configurations. Where reasonable and practicable, existing
drainage facilities shall remain in their current locations and condition.
Stormwater design criteria shall be developed from the Washington
Department of Ecology Stormwater Management Manual for Western
Washington, and CITY standards.
Deliverables:
Deliverables included in PS&E tasks
Task P - Structures
Provide wall design for cast-in-place concrete wall with fascia attachment.
Exhibit A‐1, Scope of Services Page 16
Assumptions:
Wall design and detailing shall be performed for the single selected wall
type shown in the 30% submittal only. Wall designs for additional or
optional wall types not selected as the preferred alternative shown in the
30% submittal shall be considered extra work.
Retaining wall(s) are anticipated to be non-standard cast-in-place concrete
walls requiring specific design and detailing for up to three different wall
height variations (±2 ft).
Up to three special details may be required to accommodate existing and
planned utility crossings.
Cast-in place fascia attachment details shall be provided for existing
concrete retaining wall, provided the City elects to pursue this work.
Existing concrete wall shall have to be checked for stability and structural
code compliance in accordance with the applicable design standards since
modifications are anticipated to the existing wall that shall increase the
dead load and, thereby, the overturning moment of the existing wall,
provided the City elects to pursue this work.
Deliverables:
Design calculations stamped by a professional civil engineer licensed in
the state of Washington.
Task R - Signal Design at 211th Place NE
CONSULTANT shall design a new traffic signal at the intersection of 67th Avenue
NE and 211th Place NE. The signal shall be designed per WSDOT and CITY
standards.
Assumptions:
The design shall be coordinated with the City Traffic Engineer
One full design 3-way traffic signal
No additional traffic analysis or warrant study shall be required
No traffic counts are necessary and are not included in this scope
The design shall include:
o NEMA traffic signal controller
o Illumination at the intersection
o Video detection
o Emergency vehicle pre-emption
o ADA audible ped buttons
o Countdown ped heads
o Unlighted street name signs
o Traffic signal radio interconnection
Deliverables:
Deliverables included in PS&E tasks
Exhibit A‐1, Scope of Services Page 17
Task S - Plans, Specifications, and Estimate
1. Plans
CONSULTANT shall prepare plan sheets using CITY standard sheet layout and
drafting standards. Plans shall be prepared using AutoCAD with such provisions and
in such detail as to permit layout in the field for construction and other purposes. The
plans shall be prepared in Agency's format to the level of competency presently
maintained by practicing professionals in the field of transportation engineering in the
Puget Sound region.
Plans shall include details for the construction of the proposed improvements
including details for the new road improvements for 67th Avenue NE and 69th
Avenue NE, new signal at the 211th Place NE intersection, retaining walls, paving,
concrete curb and gutter, concrete sidewalks, asphalt trail, the installation of a storm
drainage system, new utilities, utility adjustments, illumination, channelization, and
signing.
2. Specifications
The CONSULTANT shall prepare Contract Provisions ("Specifications") for the
project based on the WSDOT/APWA Standard Specifications, 2010, and applicable
Local Agency Guidelines (LAG) standards. These shall include Special Provisions
for the items of work which are not covered by the current WSDOT/APWA Standard
Specifications, including any Agency General Requirements, and bid and contract
forms. Agency will furnish examples of the contract documents to CONSULTANT.
3. Estimates
The CONSULTANT shall prepare an estimate of probable construction costs as
follows:
Calculate quantities.
Prepare bid items and quantities for contract proposal.
Prepare estimate of construction costs base upon the approved construction
plans, bid item quantities, and current unit bid prices.
In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, CONSULTANT shall have no control over cost or
price of labor and materials, unknown or latent conditions of existing equipment or
structures that might affect operation or maintenance costs, competitive bidding
procedures and market conditions, time or quality of performance by operating
personnel or third parties, and other economic and operational factors that might
materially affect the ultimate PROJECT cost or schedule. The CONSULTANT,
therefore, shall not warranty that the actual PROJECT costs, financial aspects,
economic feasibility, or schedules shall not vary from CONSULTANT’S opinions,
analyses, projections, or estimates.
4. Construction Schedule
The CONSULTANT shall develop a critical path method construction schedule. The
Construction Schedule shall show the sequencing and durations of construction
activities. Constraints, such as wet weather conditions, utility work coordination, etc.,
Exhibit A‐1, Scope of Services Page 18
shall be identified and factored in the schedule. The number of working days for the
construction contract shall be based on the overall construction duration shown in the
schedule.
5. Submittals
Each plan submittal shall include a round table discussion between the CITY and the
CONSULTANT. The CONSULTANT shall brief the CITY on the design progress,
outstanding issues, elaborate on major items from prior submittal reviews, and answer
any questions or concerns posed by the CITY. The CITY members shall have the
opportunity to brief the CONSULTANT on their review comments.
Completion of the Quality Assurance Checklist and the Review Ledger shall be part
of each plan submittal review process.
Each submittal shall include drawings, quantities, the specification package and
special provisions, and the engineer’s estimate. Previous submittal comments shall be
incorporated into the submittal. The CITY shall review the submittal and return the
Review Ledger to the CONSULTANT.
Assumptions:
CITY review of each submittal will take two weeks
The CITY will provide review comments on the CONSULTANT
provided comment Review Ledger
CITY will provide one Review Ledger for each submittal with comments
consolidated into one set
Bid documentation is not included
Deliverables:
Design Plan Submittal, Special Provisions and Engineer’s Estimate (60%)
and response to 30% comments (1 11x17 hard copy and 1 electronic PDF
copy each)
Design Plan Submittal, Special Provisions and Engineer’s Estimate (90%)
and response to 60% comments (1 11x17 hard copy and 1 electronic PDF
copy each)
Final Plan Submittal, Special Provisions and Engineer’s Estimate (100%)
and response to 90% Comments (1 11x17 hard copy and 1 electronic PDF
copy each)
Final Plans and Special Provisions (1 11x17 hard copy, 1 22x34 hard copy
(bond) and 1 electronic PDF copy each)
Backup Calculations for Engineer’s Estimates (1 hard copy and 1
electronic PDF copy each)
Exhibit A‐1, Scope of Services Page 19
Anticipated sheet list:
Sheet
Number Description
1 Cover sheet with vicinity map and index
2 Legend and Abbreviations
3 Typical Roadway Sections
4 Alignment Plan/Survey Control
5-15 Plan and Profile
16-26 Utility Plans
27-37 Wall Plans
38-40 Wall Profiles
41-42 Wall Details
43-46 Storm Details
47-48 Fish Passage Details
48-52 Wetland Mitigation
53-63 Channelization, Signing and Illumination
64-67 Signal Plans
68-70 Driveway Profiles
71-91 Mitigation Plans
92 Trail Details
91-96 Miscellaneous Details
97 Planting Details
Project Estimate Spreadsheet
Project Name City of Arlington 67th Ave. Phase III Reconstruction Final Design
Fee Estimate by Elements 1 1 1 1 1 1 1
Work Element Title Total HDR MCR Lin Geo EnviroIssues Appraisal Tim Ryan
SCOPE OF SERVICES
A Project Management
Grand Total 1.0 Hours 188.00 188
Amount 23,615.10 23,615.10$
B Quality Assurance/Quality Control
Grand Total 2.0 Hours 91.00 91
Amount 14,479.57 14,479.57$
D Basemapping
Grand Total 4.0 Hours 471.00 21 450
Amount 47,521.24 2,557.24$ 44,964.00$
E Geotechnical Investigation and Report
Grand Total 5.0 Hours 14.00 5 9
Amount 4,744.48 548.48$ 4,196.00$
G Right of Way
Grand Total 7.0 Hours 1,335.00 625 400 250 60
Amount 146,158.86 75,185.86$ 39,973.00$ 25,000.00$ 6,000.00$
H Public Involvement
Grand Total 8.0 Hours 252.00 6 246
Amount 20,701.64 767.21$ 19,934.43$
I Environmental Permitting
Grand Total 9.0 Hours 130.00 130
Amount 14,996.10 14,996.10$
J BNSF Coordination
Grand Total 10.0 Hours 60.00 6 54
Amount 5,267.21 767.21$ 4,500.00$
M Utilities Coordination
Grand Total 13.0 Hours 184.00 184
Amount 23,671.76 23,671.76$
N Fish Passable Culverts
Grand Total 14.0 Hours 172.00 172
Amount 18,558.46 18,558.46$
O Storm Drainage
Grand Total 14.0 Hours 288.00 288
Amount 34,314.05 34,314.05$
p Structures
Grand Total 14.0 Hours 40.00 40
Amount 6,896.52 6,896.52$
R Signal Design at 211th Place NE
Grand Total 14.0 Hours 180.00 180
Amount 16,413.95 16,413.95$
S Plans, Specifications, and Estimate
Grand Total 14.0 Hours 1,530.00 1,530
Amount 179,853.80 179,853.80$
Amount 113,000.05 113,000.05$ -$ -$ -$ -$ -$ -$
Grand Total Project Hours 4,935 3,466 54 850 9 246 250 60
Amount 557,193 412,625 4,500 84,937 4,196 19,934 25,000 6,000
Total Labor Costs(included 3% labor escalation-$8,280.)420,362.03 $420,362 $4,500 $84,937 $4,196 $19,934 $25,000 $6,000
Direct Costs 5,700.00 5,700 0 0 0
Total Fee 426,062.03 $426,062 $4,500 $84,937 $4,196 $19,934 $25,000 $6,000
Grand Total 570,629.46 $426,062 $4,500 $84,937 $4,196 $19,934 $25,000 $6,000
Project Estimate Spreadsheet
Project Name City of Arlington 67th Ave. Phase III Reconstruction Final Design Firm:HDR
OH Rate:164.22%
Fee Rate:30.0%
Fee Estimate
Labor Category (Hours)65.32 43.46 39.88 30.63 46.2 44 58.6 60.5 34.78 65.8 37.35 26.4 34.43 47.3 57.65 51.68 25 34.5 36.28 33.4 26 36.17
Rob Gorman Eric Dawson Todd LivingstonBrian Gardner Cary Stewart Hua Wang Rob Richardson Jeff Hamlin Jonathan Brown Jim Prossick Teresa Weaver Joe Looney Megan Erhart Matt Gray Mike WitterKarissa KawamotoJeff Buchanan Landen Grant Barb Whiton Carlos Wilcox
Maureen
Finn
Liya Huang-
Bardley
Work
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SCOPE OF SERVICES
Task A Project Management
1 Meetings and Project Reporting 4 56 4 12 12 16 2 42 148
2 Schedule 12 4 2 18
3 Sub-Consultant Management 12 2 8 22
0
Total Task A hrs 4 80 0 0 0 0 4 12 12 0 0 0 0 20 0 0 0 0 0 0 6 50 188
amount 261.28 3,476.80 0.00 0.00 0.00 0.00 234.40 726.00 417.36 0.00 0.00 0.00 0.00 946.00 0.00 0.00 0.00 0.00 0.00 0.00 156.00 1,808.50 8,026
Task B Quality Assurance/Quality Control
1 QA/QC 2 28 11 45 5 91
0
Total Task B hrs 2 0 0 0 28 0 11 45 0 0 0 0 0 0 0 0 0 0 0 0 5 0 91
amount 130.64 0.00 0.00 0.00 1,293.60 0.00 644.60 2,722.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 130.00 0.00 4,921
Task D Basemapping
1 Survey 2 2 2 6
3 Right-of-Way 2 2 4
4 Basemap Preparation 2 2 2 4 1 11
0
Total Task D hrs 0 6 0 6 0 0 2 2 4 0 0 0 0 1 0 0 0 0 0 0 0 0 21
amount 0.00 260.76 0.00 183.78 0.00 0.00 117.20 121.00 139.12 0.00 0.00 0.00 0.00 47.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 869
Task E Geotechnical Investigation and Report
1 Field Investigation 0
2 Design Recommendations 4 1 5
0
Total Task E hrs 0 0 0 0 0 0 0 0 4 0 0 0 0 1 0 0 0 0 0 0 0 0 5
amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 139.12 0.00 0.00 0.00 0.00 47.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 186
Task G Right of Way
1 Task Management and Pre-Acquisition Services.96 30 64 2 192
2 Funding Estimate and Administrative Offer Summaries.4 0 6 10
3 Appraisal, Appraisal Review and Appraisal Management 14 5 5 24
4 ROW Acquisitions and Negotiations 15 290 72 377
5 Prepare ROW Certification Package 8 9 5 22
0
Total Task G hrs 0 0 0 0 0 0 0 0 0 137 334 152 0 0 0 0 0 0 0 0 2 0 625
amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 9,014.60 12,474.90 4,012.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 52.00 0.00 25,554
Task H Public Involvement
1 Comment and Contract Database 0
2 Public Open House 2 2
3 Stakeholder Interviews 2 2
4 City Concil meetings 2 2
5 Web Page 0
6 Publci Outreach and Comment Surmmary 0
0
Total Task H hrs 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6
amount 0.00 260.76 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 261
Task I Environmental Permitting
Permits 94 36 130
0
Total Task I hrs 0 0 0 0 0 0 0 0 0 0 0 0 94 0 0 36 0 0 0 0 0 0 130
amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,236.42 0.00 0.00 1,860.48 0.00 0.00 0.00 0.00 0.00 0.00 5,097
Task J BNSF Coordination
1 Agency Coordination 2 2
2 Agreement review and delivery 2 2
3 Design Review 2 2
0
Total Task J hrs 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6
amount 0.00 260.76 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 261
Task M Utilities Coordination
1 Design Development - Fiber Optic Duct 4 24 28
2 Design Development - Santitary Sewer Upgrade 24 40 64
3 Design Development - Reclaimed Water 24 40 64
4 Site Visits and Meetings 12 16 28
0
Total Task M hrs 0 0 0 0 0 0 0 64 120 0 0 0 0 0 0 0 0 0 0 0 0 0 184
amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,872.00 4,173.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 8,046
Task N Fish Passable Culverts
Site Visit 10 10 20
Existing Conditions Hydraulic Model for Prairie Creek 32 4 36
Proposed Conditions Hydraulic Model for Prairie Creek 16 2 18
Existing Conditins Hydraulic Model for Portage Creek 32 4 36
Proposed Conditions Hydraulic Model for Portage Creek 16 2 18
Hydraulic Analysis Results Techncial Memo 40 4 44
0
Total Task N hrs 0 0 0 0 0 0 0 0 146 0 0 0 0 26 0 0 0 0 0 0 0 0 172
amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,077.88 0.00 0.00 0.00 0.00 1,229.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 6,308
Task O Storm Drainage
1 Design Development - Conveyance System 24 80 104
2 Design Development - Stormwater Treatment Measures 24 120 144
3 Permitting Support 8 16 24
4 Coordination meetings with City 8 8 16
0
Total Task O hrs 0 0 0 0 0 0 0 64 224 0 0 0 0 0 0 0 0 0 0 0 0 0 288
amount 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,872.00 7,790.72 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 11,663
Task P Structures
1 Structural Design 40 40
0
Total Task P hrs 0 0 0 0 0 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 40
amount 0.00 0.00 0.00 0.00 0.00 0.00 2,344.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,344
Task R Signal Design at 211th Place NE
1 Signal Design 24 96 60 180
0
Total Task Q hrs 0 0 0 0 24 0 0 0 0 0 0 0 0 0 0 0 96 60 0 0 0 0 180
Project Estimate Spreadsheet
Project Name City of Arlington 67th Ave. Phase III Reconstruction Final Design Firm:HDR
OH Rate:164.22%
Fee Rate:30.0%
Fee Estimate
Labor Category (Hours)65.32 43.46 39.88 30.63 46.2 44 58.6 60.5 34.78 65.8 37.35 26.4 34.43 47.3 57.65 51.68 25 34.5 36.28 33.4 26 36.17
Rob Gorman Eric Dawson Todd LivingstonBrian Gardner Cary Stewart Hua Wang Rob Richardson Jeff Hamlin Jonathan Brown Jim Prossick Teresa Weaver Joe Looney Megan Erhart Matt Gray Mike WitterKarissa KawamotoJeff Buchanan Landen Grant Barb Whiton Carlos Wilcox
Maureen
Finn
Liya Huang-
Bardley
Work
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SCOPE OF SERVICES
amount 0.00 0.00 0.00 0.00 1,108.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,400.00 2,070.00 0.00 0.00 0.00 0.00 5,579
Task S Plans, Specifications, and Estimate
1 Plans 90 280 128 35 200 172 20 112 180 1,217
2 Specifications 36 4 16 22 66 16 8 168
3 Estimate 14 36 4 7 48 11 11 131
4 Construction Schedule 4 4
5 submittals 2 8 10
0
Total Task Q hrs 0 146 0 328 0 0 148 64 314 0 0 0 172 47 112 0 0 0 8 191 0 0 1,530
amount 0.00 6,345.16 0.00 10,046.64 0.00 0.00 8,672.80 3,872.00 10,920.92 0.00 0.00 0.00 5,921.96 2,223.10 6,456.80 0.00 0.00 0.00 290.24 6,379.40 0.00 0.00 61,129
Grand Total Project Hrs 6 244 0 334 52 0 205 251 824 137 334 152 266 95 112 36 96 60 8 191 13 50 3,466
Grand Total Project Amount 391.92 10,604.24 0.00 10,230.42 2,402.40 0.00 12,013.00 15,185.50 28,658.72 9,014.60 12,474.90 4,012.80 9,158.38 4,493.50 6,456.80 1,860.48 2,400.00 2,070.00 290.24 6,379.40 338.00 1,808.50 140,244
6 244 0 334 52 0 205 251 824 137 334 152 266 95 112 36 96 60 8 191 13 50 3,466
391.92 10604.24 0 10230.42 2402.4 0 12013 15185.5 28658.72 9014.6 12474.9 4012.8 9158.38 4493.5 6456.8 1860.48 2400 2070 290.24 6379.4 338 1808.5 140,244
Total labor cost 140,243.80 143,499.86$
months estimate %
Total Direct Labor Cost in 2010 3 37.50%140,243.80
3% esclation for year 2011 5 62.50%2,629.57
8 Total direct labor 142,873.37 142,873.371
Overhead Rate 164.22%234,626.65 222,424.783
Total Direct labor and overhead 377,500.02
Fee Rate on Direct labor 30%42,862.01
Total HDR 420,362.03 365,298.154
Direct Expenses:
Printing cost 1,500.00
InterCall 200.00
Mileage 0.5 per mile 3,500.00
Other Misc. Expenses 500.00 18,524.200
MCR 4,500.00
10,200.00 383,822.354
HDR Total 430,562.03 4,500 426,062
42,240
Subconsultants:9.91%
Lin and Assoc.84,937.00
GeoEngineers 4,196.00
EnviroIssues 19,934.43
Appraisal Group of the NW 25,000.00
Tim Ryan (Appraisal Review)6,000.00
Subconsultant Total 140,067.43
Projec Grand Total 570,629.46
ID Task Name Working Days Start Finish Predecessor
1 Notice to Proceed 0 days Thu 5/28/09 Thu 5/28/09
2 Review of Existing County Information 5 days Thu 5/28/09 Wed 6/3/09 1
3 Preliminary Survey 348 days Mon 5/11/09 Fri 9/24/10
4 Initial Field Survey 5 days Thu 5/28/09 Wed 6/3/09 1
5 Basemap Preparation 10 days Thu 6/4/09 Wed 6/17/09 4
6 Wetland/Stream Survey 10 days Fri 8/7/09 Thu 8/20/09 65
7 Supplemental Survey 5 days Thu 6/3/10 Wed 6/9/10 34FS+10 da
8 Supplemental Survey 2 10 days Mon 5/11/09 Fri 5/22/09
9 Right of Way Survey 14 days Tue 9/7/10 Fri 9/24/10
10
11 Conceptual Layout of 3 Alternatives 69 days Thu 6/18/09 Thu 9/24/09
21
22 Conceptual Layout of 3 "East" Alternatives 160 days Fri 9/25/09 Tue 5/18/10
35
36 Geotechnical Investigation 37 days Wed 7/7/10 Thu 8/26/10
37 Exploration Plan 2 days Wed 7/7/10 Thu 7/8/10 132FS+10 d
38 Exploration Plan Approval 5 days Fri 7/9/10 Thu 7/15/10 37
39 Field Investigation 5 days Fri 7/16/10 Thu 7/22/10 38
40 Wall Type Technical Memo 10 days Fri 7/23/10 Thu 8/5/10 39
41 Draft Geotech Report 12 days Fri 7/30/10 Mon 8/16/10 40FS-5 days
42 City Review Draft Geotech Report 5 days Tue 8/17/10 Mon 8/23/10 41
43 Final Geotech Report 3 days Tue 8/24/10 Thu 8/26/10 42
44
45 Evaulate Right-of-Way Impacts 32 days Thu 8/19/10 Mon 10/4/10
46 Quantify Impact Areas 3 days Thu 9/2/10 Tue 9/7/10 134
47 Property Cost Research 18 days Thu 8/19/10 Tue 9/14/10 134FS-10 da
48 Preliminary ROW Cost Estimate 3 days Wed 9/15/10 Fri 9/17/10 47
49 Draft Appraisal and Acquisition Plan Technical Memo 3 days Mon 9/20/10 Wed 9/22/10 48
50 City Review Appraisal and Acquisition Plan Technical Memo 5 days Thu 9/23/10 Wed 9/29/10 49
51 Final Appraisal and Acquisition Plan Technical Memo 3 days Thu 9/30/10 Mon 10/4/10 50
52
53 Public Involvement 258 days Fri 6/26/09 Tue 7/6/10
60
61 Environmental Investigation and Permit Preparation 452 days Wed 6/17/09 Thu 3/31/11
62 Environmental Kick-off 1 day Thu 6/18/09 Thu 6/18/09 5
63 Wetland/Stream Delineation 280 days Thu 6/18/09 Wed 7/28/10
64 Review Existing Documents 5 days Thu 6/18/09 Wed 6/24/09 5
65 Complete Field Studies 30 days Thu 6/25/09 Thu 8/6/09 64
66 Supplemental Field Studies for Preferred Alternative 25 days Wed 5/19/10 Tue 6/22/10 34
67 Wetland Technical Memo 15 days Wed 6/23/10 Tue 7/13/10 6,17FF+2 da
68 Wetland/Stream Conceptual Mitigation Plan 26 days Wed 6/23/10 Wed 7/28/10 132
69 Corps Jurisdictional Determination 1 day Fri 9/4/09 Fri 9/4/09 65FS+20 da
70 Critical Area Report 55 days Wed 7/14/10 Wed 9/29/10 67
71 Endangered Species Act Compliance 325 days Wed 6/17/09 Wed 9/29/10
72 Biological Assessment 44 days Thu 7/29/10 Wed 9/29/10 68
73 ESA Listings 1 day Wed 6/17/09 Wed 6/17/09 64FF-5 days
74 Phase I ESA 70 days Wed 6/23/10 Wed 9/29/10 132
75 Section 4(f) Technical Memo 18 days Fri 9/3/10 Wed 9/29/10 74FF
76 Environmental Justice Technical Memo 18 days Fri 9/3/10 Wed 9/29/10 74FF
77 Section 106 Compliance 30 days Wed 8/18/10 Wed 9/29/10 74FF
78 NEPA ECS 18 days Wed 9/22/10 Fri 10/15/10 74FF+12 da
79 City Review of WSDOT submittal 10 days Mon 10/18/10 Fri 10/29/10 78,77,76,75,
80 Revise WSDOT submittal 4 days Mon 11/1/10 Thu 11/4/10 79
81 WSDOT Review of NEPA ECS 20 wks Fri 11/5/10 Wed 3/30/11 80
82 NEPA Approval 1 day Thu 3/31/11 Thu 3/31/11 81
83
84 Railroad Coordination 89 days Wed 5/19/10 Tue 9/21/10
85 BNSF Review of 10% Alternatives 15 days Wed 5/19/10 Tue 6/8/10 34
86 Resolve Lebanon Easement Issue 23 days Wed 7/7/10 Fri 8/6/10 133
87 On-Site Review with BNSF and WUTC 1 day Mon 8/9/10 Mon 8/9/10 86
88 Submit WUTC Crossing Petition 1 day Mon 8/9/10 Mon 8/9/10 87FF
89 Crossing Petition Review 6 wks Tue 8/10/10 Tue 9/21/10 88
90 Easement Negotiations with BNSF 6 wks Tue 8/10/10 Tue 9/21/10 88
91
92 Illumination Design 10 days Wed 6/23/10 Tue 7/6/10 132
93 Traffic Analysis 10 days Thu 6/18/09 Wed 7/1/09 5
94 Signal Design 20 days Wed 6/23/10 Tue 7/20/10 132
95
96 Utility Coordination and Design 299 days Thu 5/28/09 Tue 8/3/10
97 Obtain Existing Information 20 days Thu 5/28/09 Wed 6/24/09 1
98 Conceptual Relocation Design 30 days Wed 6/23/10 Tue 8/3/10
99 Conceptual Plans 10 days Wed 6/23/10 Tue 7/6/10 132
100 Utilities Technical Memo 5 days Wed 7/7/10 Tue 7/13/10 99
101 30% Plans 15 days Wed 7/14/10 Tue 8/3/10 100
102
103 Fish Passable Cuverts 251 days Fri 8/21/09 Thu 8/19/10
104 Planning Level 231 days Fri 8/21/09 Thu 7/22/10
105 Analyze Existing Conditions 10 days Fri 8/21/09 Thu 9/3/09 6
8/8 8/22 9/5 9/19 10/3 10/17 10/31 11/14 11/28 12/12 12/26 1/9 1/23 2/6 2/20 3/6 3/20 4/3 4/17 5/1 5/15 5/29
st 1 September 1 October 1 November 1 December 1 January 1 February 1 March 1 April 1 May 1 June 1
Task Critical Task Milestone Summary Rolled Up Task Rolled Up Critical Task Rolled Up Milestone
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Project: Arlington k2 revised
Date: Thu 8/26/10
ID Task Name Working Days Start Finish Predecessor
106 Conceptual Alternatives 22 days Wed 6/23/10 Thu 7/22/10 132,105
107 30% Design 20 days Fri 7/23/10 Thu 8/19/10 106
108
109 Storm Drainage 321 days Thu 6/18/09 Fri 9/24/10
110 Planning Level 17 days Thu 6/18/09 Mon 7/13/09
115 Conceptual Design 38 days Wed 6/30/10 Fri 8/20/10
120 30% Design 34 days Mon 8/9/10 Fri 9/24/10
121 30% Plans 18 days Mon 8/9/10 Wed 9/1/10 118FS-5 day
122 Draft Stormwater Management Report 10 days Mon 8/23/10 Fri 9/3/10 121SS+10 d
123 City Review Draft Stormwater Management Report 10 days Tue 9/7/10 Mon 9/20/10 122
124 Final Stormwater Management Report 4 days Tue 9/21/10 Fri 9/24/10 123
125
126 Structures 42 days Wed 6/23/10 Thu 8/19/10
127 East Side Retaining Wall Design 12 days Wed 6/23/10 Thu 7/8/10 132
128 30% Plans 30 days Fri 7/9/10 Thu 8/19/10 127
129
130 30% Design Report 81 days Thu 6/10/10 Fri 10/1/10
131 Design Report 81 days Thu 6/10/10 Fri 10/1/10
132 Revise Design for Alternative 2 9 days Thu 6/10/10 Tue 6/22/10 7
133 30% Plans for Lebanon Crossing 10 days Wed 6/23/10 Tue 7/6/10 132
134 30% Plans 25 days Thu 7/29/10 Wed 9/1/10 101FF,107F
135 30% Cost Estimate 3 days Thu 9/2/10 Tue 9/7/10 134
136 Draft Design Report 5 days Wed 9/8/10 Tue 9/14/10 135
137 City Review of Design Report 10 days Wed 9/15/10 Tue 9/28/10 136
138 WSDOT Review of Design Report 10 days Wed 9/15/10 Tue 9/28/10 136
139 Final Design Report 3 days Wed 9/29/10 Fri 10/1/10 138,137
140
141 Environmental 156 days Mon 11/22/10 Mon 7/4/11
142 Permit Preparation 26 days Mon 11/22/10 Thu 12/30/10
143 COE 25 days Mon 11/22/10 Wed 12/29/10 162
144 Section 401 25 days Tue 11/23/10 Thu 12/30/10 154
145 HPA 25 days Tue 11/23/10 Thu 12/30/10 154,158
146 Local Critical Area Alteration 20 days Mon 11/22/10 Tue 12/21/10 162
147 Agency Revie 26 wks Mon 1/3/11 Mon 7/4/11 143,144,145,
148 Permits Approved 0 days Mon 7/4/11 Mon 7/4/11 147
149
150 60% Contract Plans 79 days Mon 10/4/10 Wed 1/26/11
151 60% Roadway and Trail Layout 15 days Mon 10/4/10 Fri 10/22/10 139
152 Signal Design 20 days Mon 10/25/10 Fri 11/19/10 151
153 Illumination Design 20 days Mon 10/25/10 Fri 11/19/10 151
154 Stormwater 21 days Mon 10/25/10 Mon 11/22/10
155 Conveyance 14 days Mon 10/25/10 Thu 11/11/10 151
156 Treatment 14 days Wed 11/3/10 Mon 11/22/10 155FS-7 day
157 Flow Control 14 days Wed 11/3/10 Mon 11/22/10 155FS-7 day
158 Fish Passable Culverts 20 days Mon 10/25/10 Fri 11/19/10 151
159 Utility Design 20 days Mon 10/25/10 Fri 11/19/10 151
160 Structures 20 days Mon 10/25/10 Fri 11/19/10 151
161 Right of Way Plans 21 days Mon 10/4/10 Mon 11/1/10 139,9
162 Wetland/Stream Mitigation 20 days Mon 10/25/10 Fri 11/19/10 151
163 60% Plans 9 days Tue 11/23/10 Tue 12/7/10 152,153,154,
164 60% Specifications 9 days Tue 11/23/10 Tue 12/7/10 163SS
165 60% Construction Cost Estimate 5 days Wed 12/8/10 Tue 12/14/10 163
166 60% QC/QA 8 days Wed 12/15/10 Mon 12/27/10 163,164,165
167 60% PS&E Submittal 1 day Tue 12/28/10 Tue 12/28/10 166
168 60% WSDOT/City Review 20 days Wed 12/29/10 Wed 1/26/11 167
169
170 90% Submittal 57 days Thu 1/27/11 Fri 4/15/11
171 Address City 60% Comments 10 days Thu 1/27/11 Wed 2/9/11 168
172 Meeting to Discuss Proposed Revisions 1 day Thu 2/10/11 Thu 2/10/11 171
173 90% Plans 20 days Fri 2/11/11 Thu 3/10/11 172
174 90% Specifications and Project Manual 20 days Fri 2/11/11 Thu 3/10/11 172
175 90% Construction Cost Estimate 20 days Fri 2/11/11 Thu 3/10/11 172
176 90% QC/QA 10 days Fri 3/11/11 Thu 3/24/11 173,174,175
177 90% PS&E Submittal 1 day Fri 3/25/11 Fri 3/25/11 176
178 90% WSDOT/City Review 15 days Mon 3/28/11 Fri 4/15/11 177
179
180 Final Submittal 16 days Mon 4/18/11 Mon 5/9/11
181 Address 90% Comments 10 days Mon 4/18/11 Fri 4/29/11 178
182 Final QC/QA 5 days Mon 5/2/11 Fri 5/6/11 181
183 Final Submittal 1 day Mon 5/9/11 Mon 5/9/11 182
184
185 Right of Way 128 days Mon 9/27/10 Tue 3/29/11
186 Complicated appraisal exhibits 5 days Mon 9/27/10 Fri 10/1/10 9
187 Appraisals/AOS 25 days Mon 10/4/10 Fri 11/5/10 186,188FF
188 Landowner Condemnation Public Meeting 1 day Fri 11/5/10 Fri 11/5/10
189 All Offers Made 6 days Mon 11/8/10 Mon 11/15/10 187
190 Settlement/Condemnation/ Paid P&U decision 52 days Tue 11/16/10 Tue 2/1/11 189
191 Possession through court action 6 wks Wed 2/2/11 Tue 3/15/11 190
192 ROW Certification 10 days Wed 3/16/11 Tue 3/29/11 191
8/8 8/22 9/5 9/19 10/3 10/17 10/31 11/14 11/28 12/12 12/26 1/9 1/23 2/6 2/20 3/6 3/20 4/3 4/17 5/1 5/15 5/29
st 1 September 1 October 1 November 1 December 1 January 1 February 1 March 1 April 1 May 1 June 1
Task Critical Task Milestone Summary Rolled Up Task Rolled Up Critical Task Rolled Up Milestone
Page 2
Project: Arlington k2 revised
Date: Thu 8/26/10
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT BB
COUNCIL WORKSHOP DATE:
September 13, 2010
SUBJECT:
Arlington Stormwater Wetland Presentation and
Proposed Construction
DEPARTMENT OF ORIGIN:
Public Works Administration
ATTACHMENTS:
• None
EXPENDITURES REQUESTED: To Be Determined
BUDGET CATEGORY: Stormwater Utility CIP Fund and WWTP Fund
LEGAL REVIEW: Pending review by City Attorney
DESCRIPTION: Presentation and proposed construction of Stormwater Wetland.
HISTORY: The City of received a $519,920 grant from the Department of Ecology in 2007 under the
Stormwater Implementation program; this grant allowed the City to begin design and permitting of
the Stormwater Wetland. The project has been designed and permitted – we are now ready to begin
construction.
The wetland is intended to treat both stormwater and water produced by the City’s Water
Reclamation facility, this intention was identified in many documents. Contracting the project is a bit
difficult as a portion of the project lies within the WWTP footprint – a site that is under the control of
the WWTP contractor (IMCO). Also, the Stormwater Implementation grant requires any project
funded by grant monies be publically bid. To accommodate these restrictions, it is proposed to
contract the construction as follows:
- IMCO Change Order: WWTP reclaimed water pressure pipe, SR-9 Tunnel, Energy
Dissipation protection, 36-inch SD outfall pipe
- Open Bid: Wetland construction (earthwork, grading, trails, weirs, bridges)
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
Presentation only, no action will be taken.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL MEETING DATE:
September 13, 2010
SUBJECT:
Fiber Agreement from Blackrock for Fiber to
Station 48.
DEPARTMENT OF ORIGIN:
CONTACT: Bryan Terry, IT 403-4610
ATTACHMENTS: Blackrock Dark Fiber Optic Lease Agreement.
EXPENDITURES REQUESTED: $6,700 + $470/month lease charge
BUDGET CATEGORY: To be determined
LEGAL REVIEW: City Attorney has reviewed contract
DESCRIPTION: Staff is proposing leasing fiber from Blackrock Cable to connect Station 48 to the rest of
the City Network. The expenditure includes fiber installation from the closest splice case that is located
on the utility poles running down Smokey Point Blvd into the building. This will allow access to the City
network, and lays the groundwork to do teleconferencing between stations for training, so that the crews
don’t have to leave their respected station. This will also better enhance the users experience when
connecting to the City network. Chief Rankin has identified funding in the Fire and EMS budgets to
support this.
HISTORY: Fire Station 48 was relocated to the current location on Smokey Point Blvd. to support the
newly annex Island Crossing. When the Fire Department moved in, there wasn’t an available fiber
connection from Blackrock. When we approached Blackrock at that time, the installation charge was
going to be $45,000. Since then, Blackrock has installed fiber down the Boulevard to support other
businesses, so the installation charges have dropped. We are currently using other solutions to provide
connectivity, but they have been unsatisfactory.
ALTERNATIVES:
1. Table for additional review
2. Do nothing
RECOMMENDED ACTION:.
There is no action requested at this time.
CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 1 of 7 9/7/2010
DARK FIBER OPTIC LEASE AGREEMENT
This Dark Fiber Optic Lease Agreement (“Agreement”) is made and entered into this
1st day of August, 2010, (“Execution Date”) by and between City of Arlington,
(“Customer”) and Black Rock Cable, a Nevada Corporation DBA Black Rock Cable,
Inc., registered as a foreign corporation in the State of Washington (“Black Rock”).
Whereas, Black Rock has the authority under various municipal and county franchise
ordinances to construct and maintain various wire line facilities within the rights-of-way
of certain counties and municipalities;
Whereas, Black Rock is offering for compensation unrestricted bandwidth dark fiber
optic connectivity (“Fiber”) to customers;
Whereas, the Customer desires to obtain from Black Rock certain Fiber connectivity
between locations within Black Rock’s franchise authority. Black Rock is willing to do so
under the terms and conditions set forth herein.
Accordingly, in consideration of the mutual benefits and obligations set forth herein, the
parties agree as follows:
1. BLACK ROCK RESPONSIBILITIES FOR FIBER FACILITY
Black Rock shall arrange for the installation and shall install, own, operate and maintain
the facility necessary to provide Fiber to the Customer between the demarcation point at
the locations, under specific terms and conditions for each such location, described in
Exhibit A attached to and made part of this Agreement.
The demarcation point shall be the termination cabinet at each Customer location and
shall be the point of separation of responsibility between Black Rock and the Customer.
Black Rock shall be responsible for everything including operations and maintenance
between the demarcation points and the Customer shall be responsible for everything
including operations and maintenance on the Customer side of each demarcation point.
During the term of this Agreement, Black Rock will be responsible for securing and
maintaining any and all necessary franchises, permits, easements or agreements
necessary for the use of public and private property and the use of utility poles for the
construction and maintenance of the Fiber facility. Black Rock will deploy a standard
single mode fiber optic product and will perform all work using industry standards.
2. FIBER ROUTE AND LOSS BUDGET
Black Rock at all times maintains the discretion to choose the route of the fiber optic
lines and such route may not be the most direct route between the locations desired by
the Customer. Prior to the execution of this Agreement, Black Rock shall notify the
Customer of the proposed fiber footage distance between the locations and the
maximum loss budget, which shall be included on Exhibit A to this Agreement. Black
Rock reserves the right to change the route of the Fiber that is used for the Customer’s
connections, provided that the actual optical loss for the re-routed connection is less
than the maximum loss budget, which shall be included on Exhibit A to this Agreement.
CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 2 of 7 9/7/2010
3. DELIVERY OF FIBER FACILITY
When required by Black Rock, the Customer shall promptly facilitate Black Rock’s
access to the Customer buildings to construct and maintain the Fibers. Black Rock
shall notify the Customer in writing that the Fiber has been placed and is ready for use.
The date of such notification (“Start Date”) shall be the first day that the Customer
must pay Black Rock a payment under this Agreement for the Fiber.
Black Rock shall provide the Fiber to the Customer within the following time frame: By
the 30th day after contract signing but in any event no later than the 45th day after
contract signing. If Black Rock cannot provide the Fiber to the Customer within the
aforementioned time frame, the Customer will have the option to void this Agreement
and all terms conditions and payments required herein, provided that the reason for
Black Rock’s inability to deliver the Fiber within the time frame was not force majeure,
pursuant to this Agreement.
4. TERM
The Term of this Agreement (“Term”) shall be for three (3) year(s) from the Start Date of
this Agreement.
This Agreement shall automatically renew for additional one (1) year terms (“Extension
Term”) unless either party gives written notice to the other party at least ninety (90) days
prior to the expiration of the existing Term or Extension Term.
5. COMPENSATION
Customer will be billed for Fiber service from the Start Date on a monthly basis. If
necessary, the first invoice for service commencing on the Start Date shall be prorated.
Thereafter, monthly lease payments will be invoiced at the beginning of each monthly
period. Such payment will be due in fifteen (15) days from the date of the invoice.
Exhibit A shall contain the monthly lease payment amount and amounts for all non-
recurring charges. Payments received after the fifteen (15) day period are subject to a
2% penalty on the total including taxes and fees. If payment is not received for any
given month within forty-five (45) days of invoice, Fiber connectivity will be subject to
suspension for non-payment.
6. FIBER CONNECTIVITY RESTORATION, REPAIR & MAINTENANCE
Black Rock must maintain continuity of the Fiber at all times. If the Customer becomes
aware that Fiber continuity is lost between locations (“Failure Event”), the Customer
shall notify Black Rock immediately. Once Black Rock has been notified, Black Rock
will inspect the Fiber and report back to the Customer within four (4) hours after gaining
access to each terminated end of the Fiber. Black Rock must reestablish continuity of
the Fiber as soon as possible or notify the Customer that problems encountered are not
due to lack of Fiber continuity. If Black Rock cannot provide continuity within twenty-four
(24) hours after notification by the Customer, then the Customer will be allowed a credit
equaling two times the effective outage length. This is the Customers sole remedy for
loss of continuity.
Black Rock must have the ability to perform emergency and regular maintenance of the
Fiber. Such maintenance may require that the Fiber continuity be disrupted for a period
CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 3 of 7 9/7/2010
of time. Black Rock shall coordinate with the Customer to schedule regular
maintenance at times that are mutually convenient to both parties.
Within fourteen (14) days of the Failure Event the Customer shall document in a written
notice to Black Rock the date, time and duration of the Failure Event.
If during a thirty (30) day period there is one (1) Failure Event not caused by emergency
and or regular maintenance of the Fiber the customer shall give written notice to Black
Rock within fourteen (14) days of the latest Failure Event documenting the Failure
Event.
During the term of this Agreement, Black Rock will provide all outside plant
maintenance of the Fiber at no additional cost to the Customer. If maintenance is
required due to any acts of the Customer or employees or agents of the Customer, the
Customer will be responsible for all costs of maintenance related to the specific act.
Black Rock will need access to interior areas to access the demarcation points. The
customer shall provide 24/7 escorted access as necessary to repair and maintain the
Customer Fiber.
7. CREDITS FOR LOSS OF CONTINUITY
Credits for loss of continuity will not be issued by Black Rock, if failure to restore
connectivity is attributable to any of the following: (a) unavailability during any regular
maintenance of the Fiber; (b) unavailability caused by the Customer's applications,
equipment, or facilities; (c) unavailability due to acts or omissions of a Customer; (d)
unavailability due to electronics associated with the actual transport or conversion of
information moving through the Fiber; (e) unavailability due to any other factor other
than unavailability due solely and directly as a result of the physical facilities comprising
the Fiber; or (f) unavailability due to reasons of Force Majeure.
8. TERMINATION FOR REPEATED LOSS OF CONTINUITY
After giving written notice of three (3) Failure Events in a three month period, the
Customer shall have the option to terminate this Agreement if the Failure Events are not
attributable to any of the following: (a) unavailability during any regular scheduled
maintenance of the Fiber; (b) unavailability caused by the Customer's applications,
equipment, or facilities; (c) unavailability due to acts or omissions of a Customer; (d)
unavailability due to electronics associated with the actual transport or conversion of
information moving through the Fiber; (e) unavailability due to any other factor other
than unavailability proximately caused by Black Rocks breach of an obligation under
this agreement; or (f) unavailability due to reasons of Force Majeure. If the Customer
exercises this option to terminate this agreement because of repeated Failure Events
then the Customer must within thirty (30) days of latest Failure Event provide written
notice to Black Rock of its intent to terminate and Black Rock shall provide the Fiber to
the Customer for up to sixty (60) days in order that the Customer may transition to
another provider or service, provided that the Customer is otherwise in compliance with
this Agreement. If the Customer does not provide written notice of its intent to exercise
the option to terminate within thirty (30) days, the Customer shall lose its option to
terminate this Agreement only with respect to any previous loss or Failure Events.
CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 4 of 7 9/7/2010
9. LIMITATIONS OF LIABILITY
Notwithstanding any provision of this Agreement to the contrary, except to the extent
caused by its own willful misconduct, neither party shall be liable to the other party for
any special, incidental, indirect, punitive or consequential damages including, but not
limited to, loss of profits or revenue, cost of capital, or claims of customers, (whether
arising out of transmission interruptions or problems, any interruption or degradation of
service or otherwise), whether foreseeable or not, arising out of, or in connection with
either party’s performance or non performance of its respective obligations under this
Agreement or any other cause or nature whatsoever and all claims with respect to
which such special, incidental, indirect, punitive or consequential damages are hereby
specifically waived.
10. CUSTOMER RESTRICTIONS ON USE OF FIBER
Black Rock will provide dark Fibers to the Customer with no bandwidth restrictions. The
Customer warrants that it will use the dark Fiber only for legal and authorized purposes.
The Fiber optic line will be provided as a discrete and dedicated connection for the
Customer. The Customer must use the Fiber for internal purposes only and cannot
resell the dark Fiber to any other without the written consent of Black Rock.
During the term of this Agreement Customer agrees to inform Black Rock at least 30
days in advance of its plans to use the Fiber for 10 Gbps or greater bandwidth levels.
11. INDEMNIFICATION
Subject to the provisions of this Agreement, Black Rock hereby releases and agrees to
indemnify, defend, protect and hold harmless Customer, its directors, officers,
stockholders, agents, and employees, and its respective successors or permitted
assigns from and against: (i) any and all causes of action, demands, claims, suits,
losses, judgments or costs (collectively “Damages”) which may be brought by or
asserted by any third party against Customer related to Black Rock’s design,
construction, maintenance or operation or use of the Fiber, or (ii) each and every
breach, or material default by Black Rock of any of its covenants, agreements, duties or
obligations hereunder, or (iii) any violation by Black Rock of any regulation, rule, statute
or court order of any local, state or federal governmental agency, court or body in
connection with Black Rock’s performance of its obligations under this Agreement, or
(iv) damages directly attributable to the negligent act or omission or willful misconduct of
Black Rock.
Subject to the provisions of this Agreement, Customer hereby releases and agrees to
indemnify, defend, protect and hold harmless Black Rock, its directors, officers,
stockholders, agents, and employees, and its respective successors or permitted
assigns from and against: (i) any and all causes of action, demands, claims, suits,
losses, judgments or costs (collectively “Damages”) which may be brought by or
asserted by any third party against Black Rock related to Customer’s maintenance,
operation or use of the Fibers, or (ii) each and every breach, or material default by
Customer of any of its covenants, agreements, duties or obligations hereunder, or (iii)
any violation by Customer of any regulation, rule, statute or court order of any local,
state or federal governmental agency, court or body in connection with Customer’s
performance of its obligations under this Agreement, or (iv) damages directly
attributable to the negligent act or omission or willful misconduct of Customer.
CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 5 of 7 9/7/2010
12. RESOLUTION OF DISPUTES
The parties shall attempt to resolve by negotiation and compromise any disputes as to
the validity or enforcement of any term or provision of this Agreement. Failing such
compromise, such claim or assertion shall be settled by binding arbitration. Venue of
any such proceeding shall be in Snohomish Whatcom County, Washington. There shall
be one arbitrator agreed upon by the parties, or if the parties cannot agree on that
arbitrator within two (2) days of the initial arbitration demand, either party may apply for
the appointment of an arbitrator pursuant to the Washington Uniform Arbitration Act,
RCW Chapter 7.04A. Any arbitration shall follow the Act’s rules except as agreed upon
by the parties. . The arbitrator may award injunctive relief or any other remedy
available from a judge, including temporary restraining orders or injunctions or the
joinder of parties or consolidation of the arbitration proceedings with any other
proceedings involving common issues of law or fact or which may promote judicial
economy. Pending appointment of an arbitrator, any party to a claim or assertion may
apply to a court of competent jurisdiction for such interim order or relief as may be
appropriate, including temporary restraining orders or injunctions, provided that once
the arbitrator is appointed, all further interim relief, including temporary restraining
orders or injunctions, shall be awarded by the arbitrator whose powers in that regard
shall include the power to vary or dissolve any temporary order or relief granted by the
court. The arbitrator in such proceedings shall award to the substantially prevailing
party reasonable attorney’s fees and costs incurred by the substantially prevailing party
in conjunction with such dispute.
13. ASSIGNMENT & TRANSFER
The covenants and conditions herein contained shall apply to and bind the heirs,
successors, executors, administrators and assigns of all of the parties hereto and all of
the parties shall be jointly and severally liable hereunder. The Customer may not
assign this Agreement without the written consent of Black Rock, which consent shall
not be unreasonably withheld.
14. REPRESENTATION & WARRANTY
The signatories of this Agreement represent and warrant that they are authorized to
execute this Agreement on behalf of the entities which are party to this Agreement, bind
their respective entities to this Agreement; that the parties are registered to do business
in the State of Washington and that the execution of this Agreement has been approved
by the governing boards, members or partners, if any, of the parties to this Agreement.
15. FORCE MAJEURE
Neither party shall be in default under this Agreement if, and to the extent that, any
failure or delay in such party’s performance of one or more of its obligations hereunder
is caused by any of the following conditions, each of which shall constitute a force
majeure, and the affected party shall be released from liability and shall suffer no
prejudice for the failure of performance of its obligation or obligations, and, if the
construction schedule is affected, the Start Date shall be excused and extended for and
during the period of any such delay: any circumstance beyond the reasonable control of
the affected party, including without limitation, any change of circumstances not
reasonably foreseen at the time this Agreement was executed which is beyond the
reasonable control of the affected party, and which materially affects the ability of the
CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 6 of 7 9/7/2010
affected party to perform its obligations hereunder; any act of God; fire; flood; lack of or
delay in transportation; the adoption or amendment of government codes, ordinances,
laws, rules, regulations or restrictions that materially impair the affected party’s
performance hereunder; war or civil disorder; strikes, lock-outs or other labor disputes;
failure of a third party to grant or recognize an obligation to Black Rock (provided Black
Rock has made timely and reasonable commercial efforts to obtain the same).
16. ENTIRE AGREEMENT
This Agreement constitutes the full and final agreement between the parties hereto and
incorporates and supersedes all prior agreements and negotiations. It may not be
modified or supplemented in any manner whatsoever, except upon the written
agreement of all parties hereto.
FOR
CUSTOMER
___________________________
Signature
___________________________
Printed Name
___________________________
Title
____________________________
Date
FOR
BLACK ROCK CABLE, INC.
____________________________
Signature
____________________________
Printed Name
____________________________
Title
____________________________
Date
CityofArlingtonFiberLease-FireHall18824SPB-20100907.docx Page 7 of 7 9/7/2010
EXHIBIT A
TO DARK FIBER OPTIC LEASE AGREEMENT
BETWEEN BLACK ROCK CABLE, INC. AND
CUSTOMER
LOCATIONS / WORK PROVIDED
The Customer has indicated a desire for one (1) strand of single mode fiber optic connectivity
between the main building demarcs located at:
City of Arlington
238 N Olympic
Arlington, WA
and
Fire Dept
18824 Smokey Pt Blvd
Arlington, WA
FIBER DISTANCE AND LOSS BUDGET
The proposed distance of the Fiber will be 17 km and the maximum loss budget at 1310 nm will
be 16 db.
INSTALLATION CHARGES
The one-time charge to install the Fiber shall be as follows:
238 N Olympic N/C
18824 Smokey Pt Blvd N/C
PRICING
The monthly price for the lease of the facility and maintenance is $690.00 plus applicable fees,
utility taxes and other taxes (currently franchise fee of 5%). Taxes and fees are added on
invoices to both monthly and non-recurring charges and are subject to change.
Any additional building entry fees charged by the building owner or property management will
be the responsibility of the Customer. Further, the Customer will be responsible for providing
Black Rock written permission for installation and building access.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL MEETING DATE:
September 13, 2010
SUBJECT:
Equipment Loan Agreement
DEPARTMENT OF ORIGIN:
FIRE
ATTACHMENTS:
Proposed Agreement
EXPENDITURES REQUESTED: NONE
BUDGET CATEGORY: NONE
LEGAL REVIEW: Completed
DESCRIPTION: The proposed Equipment Loan Agreement is intended to provide a process for
temporarily loaning or borrowing equipment between the City and Fire District 19 in the event
that either agency experiences depletion of their resources due to mechanical breakdowns. The
proposed agreement sets general framework and mechanism to allow the action to take place.
A written request will identify the specific piece of equipment to be borrowed and set forth the
expected time line for the loan.
HISTORY: Current mutual and/or automatic aid agreements have been used for this purpose
in the past but those agreements have not specifically or adequately addressed liability, repair
or maintenance issues.
ALTERNATIVES: None.
RECOMMENDED ACTION:
There is no action requested at this time.
INTERLOCAL AGREEMENT
FOR TEMPORARY USE OF
VEHICLES or EQUIPMENT
BETWEEN THE CITY OF ARLINGTON and
SILVANA FIRE PROTECTION DISTRICT 19
WHEREAS, THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into by and between
the City of Arlington (“City”), a municipal corporation and Silvana Fire Protection District 19
(“District”), also a municipal corporation, under the authority of RCW 52.12.031 and Chapter 39/34
RCW (the “Interlocal Cooperation Act”) to assist each other in providing emergency apparatus, tools, and
equipment; and
WHEREAS, the City and the District occasionally have a need to loan or borrow fire apparatus
and equipment; and
WHEREAS, each party to this agreement is willing to furnish such a vehicle or equipment for
temporary use;
NOW, THEREFORE, in consideration of the promises and mutual promises herein contained,
IT IS AGREED AS FOLLOWS:
1. Term. This agreement shall commence on ____________________, 20___ and continue in
effect until terminated by either party.
2. Definitions.
a. Owner Agency: the agency who is the legal owner of the vehicle or equipment.
b. Receiving Agency: the agency initiating the request.
3. Request for Loan. When it becomes necessary to borrow a vehicle or any equipment, either Fire
Chief has the authority to request such a loan and the approval to grant the request. The request
should be in written form and shall identify the type of equipment needed and the anticipated time
for the need. If it is not practical to make a written request due to an emergency or need, the time
is outside of normal office hours a telephone request is acceptable with the written request to be
submitted as soon as practical.
4. Duties.
a. The receiving agency shall exercise reasonable care in the use, maintenance and upkeep
of the vehicle or equipment in their possession. The receiving agency shall ensure that
only qualified and, where required, licensed operators trained in the use of the equipment
operate said equipment.
b. The receiving agency shall be responsible for the regular or routine maintenance of the
loaned vehicle or equipment; such as fuel, oil, minor repairs.
c. The vehicle or equipment shall be returned in a clean condition and in the same condition
as when it was borrowed.
d. The receiving agency shall bear all costs of damage to the vehicle or equipment caused
by the receiving agency’s personnel during the use of the vehicle or equipment.
e. In the event the receiving agency, through its officers, shall determine that a major repair
is reasonably necessary the receiving agency shall notify the owning agency of such
need.
5. Liability Insurance
a. The receiving agency shall have no responsibility to maintain insurance coverage on the
vehicle or equipment.
b. The agency owning the vehicle or equipment shall maintain and keep in effect at all times
public liability insurance or its equivalent for the protection of the public within the limits
of liability of not less than one million dollars ($1,000,000) and an aggregate of two
million ($2,000,000), combined single limits per occurrence for bodily and personal
injury and property damage.
6. Liability and Indemnification
a. Each party shall protect, save harmless, indemnify and defend, at its own expense, the
other party, their elected and appointed officials, officers, employees, part-time
employees and agents from any loss or claim from damages of any nature whatsoever
arising out of the negligent or tortious actions or inactions of its own employees, agents,
part-time employees or volunteers. Such liability shall be apportioned among the parties
or defendants in accordance with the laws of the State of Washington.
b. Nothing in this agreement shall be interpreted to waive any defense arising out of RCW
Title 51, nor shall anything herein be interpreted as limiting the ability of either
participant to exercise any right, remedy or defense with respect to third parties or the
person(s) whose action or inaction cause or gave rise to any loss, claim or liability,
including but not limited to the assertion that said person wa acting beyond the scope of
his/her employment.
7. Entire Agreement. This Interlocal Agreement represents the entire agreement between the parties
concerning the matters addressed herein. No other modification of the terms of this agreement
shall be effective unless in writing and signed by an authorized representative of each party
hereto.
CITY OF ARLINGTON SILVANA FIRE PROTECTION DISTRICT #19
____________________________ _____________________________________
Margaret Larson, Mayor Chair, Board of Commissioners
ATTEST: ATTEST:
____________________________ ________________________________
Kristin Banfield, City Clerk District Secretary
APPROVED AS TO FORM:
________________________________
Steve Peiffle, City Attorney
ADDRESS FOR NOTICE PURPOSES: ADDRESS FOR NOTICE PURPOSES:
City of Arlington Silvana Fire Protection District #19
Attn: City Clerk Attn: Fire Chief
238 N. Olympic Ave PO Box 129
Arlington, WA 98223 Silvana, WA 98287
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
Sept 13, 2010
SUBJECT: Approval for a MOU with
Washington State to use the Airport as staging
area.
DEPARTMENT OF ORIGIN:
Airport
ATTACHMENTS: Copy of the MOU
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW: Yes, comments have been incorporated
DESCRIPTION: Washington State Emergency Management recently did a site assessment of
Arlington Airport as a potential staging area if an emergency event occurred. The primary
factor the State was looking for was a large useable asphalt area for parking trucks. Our closed
runway more than qualified for that type of use. Having large open areas helped as well.
HISTORY: The City of Arlington has been diligently working on upgrading its emergency
preparedness ability. Having the airport as part of the State emergency planning efforts only
strengthens our own position. By being identified means that the State will be studying and
planning on how to get material into and out of Arlington, as well as what assets are available.
That information can be helpful even in a more localized emergency.
ALTERNATIVES: Approve staff recommendations with modifications
Table
Deny
RECOMMENDED ACTION: There is no action requested at this time.
Staging Area Use Page 1 of 7 Owner
Contract No.
Military Department #U11-____
MEMORANDUM OF UNDERSTANDING
STAGING AREA USE
Washington Military Department AND City of Arlington
Emergency Management Division Arlington Airport
Building #20, M.S. TA-20 238 N. Olympic
Camp Murray, WA 98430-5122 Arlington, WA 98223
(253) 512-7097; FAX: (253) 512-7207 (360)403-3470; FAX: (360) 435-1012
Contact Person: Jaye Compton Contact Person: Rob Putnam
E-mail : j.compton@emd.wa.gov E-mail : rputnam@arlingtonwa.gov
Beginning Date: Upon Full Execution Expiration Date: __________________
I.
PURPOSE
A. This Memorandum of Understanding (MOU) is made and entered into by and
between the State of Washington, through the Washington State Military
Department, Emergency Management Division (hereinafter referred to as the
“Department”), and City of Arlington, a political subdivision of the State of
Washington (hereinafter referred to as “Owner”), owner of the property described in
Exhibit A attached to this MOU (hereinafter referred to as the “Property”). The
Department desires to obtain permission from the Owner to use the Property as
necessary for a State Staging Area for emergency or disaster preparation, response
and recovery activities as described herein.
B. An emergency or disaster often results in a significant response of personnel and
equipment. Staging Areas are needed for receiving, staging, repackaging and
distributing lifesaving and life sustaining commodities, including but not limited to,
water, food, ice and generators, in response to resource shortages. Large quantities
of resources may be brought into the state or relocated within a geographic region
within the state to satisfy these needs. Past disasters throughout the United States
have proven that pre-planned staging areas contribute to the efficient receipt,
sorting, storage, and distribution of resources until normal distribution channels are
restored. Past practice has also demonstrated that preparation contributes to
effective response and recovery activities.
C. In consideration of the mutual covenants and promises contained below, the
sufficiency of which is acknowledged, the Owner and the Department agree to the
terms contained herein.
II.
AUTHORITY
The Department has authority to enter into this MOU pursuant to RCW 38.52.005, RCW
38.52.020, RCW 38.52.030 and RCW 38.52.050. The Owner has authority to enter into this
MOU pursuant to RCW 14.08.120.
III.
OBLIGATIONS OF THE OWNER
A. The Owner agrees to allow the Department to use the Property as a Staging Area for
emergency or disaster preparation, response and recovery activities as described
herein; provided, however, that use of the Property after receipt of the Department’s
notification of intent to activate the Property as a Staging Area is subject to the
following:
Staging Area Use Page 2 of 7 Owner
Contract No.
1. The parties reach agreement regarding the extent of the intended use of the
Property, as described in Exhibit A and attached hereto, and the terms for
payment by the Department of reasonable costs for use of the Property, if any,
as described in Exhibit B and attached hereto; and
2. The Owner may elect to refuse the Department access to the Property for use as
a Staging Area due to unavailability, damage, conflict with commercial interest,
or any other condition that renders the site unsuitable for Staging Area
operations. Any such denial of access will not operate to terminate this MOU or
otherwise apply to future notifications of intent to activate the Property as a
Staging Area.
B. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will ensure that the Department has access to the Property
twenty-four (24) hours per day, seven (7) days per week during the period of that
activation. The Owner will supply the Department with two (2) copies of all pertinent
keys to the Property, and all pertinent access security codes.
C. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will ensure that the Property is in good repair and all utilities
are in good working order.
D. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, and if the parties have identified costs for use of the Property in
attached Exhibit B, the Owner will submit monthly signed, approved invoice vouchers
(state form A-19) that identify and document the charges billed in accordance with
Exhibit B. These invoices should be submitted to Washington Military Department,
Attention: Accounts Payable at Building 1, Camp Murray, WA 98430. A-19 forms
will be available from the State Staging Area Manager on site and should include
reference to this MOU by number.
E. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will allow the Department to erect temporary facilities,
utilities, telecommunications lines, security measures, make reasonable alterations
as needed and other temporary measures necessary to operate the Staging Area, at
the Department’s expense.
F. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Owner will cooperate with the Department’s reasonable efforts
during de-activation to repair and/or restore the Property to substantially the same
condition as it existed at the time of initial occupancy, at the Department’s expense,
reasonable wear and tear excepted. If the Owner is dissatisfied with the
Department’s efforts, the Owner may submit a written request for repairs to the
Washington Military Department, State EOC Logistics Section, Building 20, MS: TA-
20, Camp Murray, WA 98430-5122. If the Owner is dissatisfied with the response of
the Department, the Owner may file a claim for damages with the Washington State
Office of Financial Management pursuant to applicable state law.
G. In the event the Owner sells or lists the Property for sale, the Owner agrees to notify
the Department immediately.
IV.
OBLIGATIONS OF THE DEPARTMENT
A. If the Department desires to activate the Property as a Staging Area for purposes of
emergency or disaster preparation, response or recovery, the Department will notify
the Owner as soon as practicable.
Staging Area Use Page 3 of 7 Owner
Contract No.
B. The Department’s notification of intent to activate the Property as a Staging Area
shall be in writing, unless impracticable, in which case the Department will provide
oral notice with subsequent written confirmation of notice. The parties understand
that while notification may be provided over seventy-two (72) hours prior to desired
use, due to exigent need for the Property, such notice may also be provided less
than twenty-four (24 hours) prior to desired use. The notice will include a projected
timeline for use of the Property, including a requested start date and hour.
C. After the Department’s notification of intent to activate the Property for use as a
Staging Area, the parties will use their best efforts to reach agreement regarding the
extent of the intended use of the Property and the terms for payment by the
Department of reasonable costs for use of the Property, if any. Such terms will be
described in Exhibit B and attached hereto.
D. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, and if the parties have identified costs for use of the Property in
attached Exhibit B, the Department will reimburse the Owner within thirty (30) days of
receipt of signed, dated, and approved invoice vouchers (state form A-19), based
upon adequate documentation of costs, as applicable and in accordance with Exhibit
B.
E. It is anticipated that the Department’s use of the Property as a Staging Area will
normally be for a period not to exceed 365 days from the Department’s entry on to
the Property.
F. The Department will provide Owner written notice of its intent to vacate the Property
at least seven (7) days in advance.
G. If the Owner has agreed to allow the Department to activate the Property for use as a
Staging Area, the Department will make reasonable efforts during de-activation to
repair and/or restore the Property to substantially the same condition as it existed at
the time of initial occupancy, at the Department’s expense, reasonable wear and tear
excepted. The Owner and Department will cooperate in these efforts. If the Owner
is dissatisfied with the Department’s efforts and submits a written request for repairs
to the Department in accordance with Section III(F), the Department will review and
make a good faith attempt to resolve any such request.
H. The Department will assume financial responsibility for cost of operations, including
building utilities, and sanitation required for the Staging Area.
I. The Department will be responsible for the cost of installation, maintenance, and
removal of telecommunication equipment and lines installed for use and in support of
the Staging Area.
J. The Department will be responsible for providing security for the resources,
personnel, and facilities in the Staging Area as necessary; which may include
erecting temporary fencing.
K. The Department retains ownership of all equipment brought by the Department to
the Staging Area for operations.
V.
POINTS OF CONTACT
A. Owner’s Point of Contact:
Staging Area Use Page 4 of 7 Owner
Contract No.
Rob Putnam
Airport Manager
18204 59th
Arlington, WA. 98223
Dr. NE
Phone 360-403-3470
Cell Phone 425-754-4289
Fax 360-435-1012
E-mail: rputnam@arlingtonwa.gov
B. Owner’s 24-Hour Property Point of Contact (if different than above):
Tom Cooper
Deputy Fire Chief
6231 188th
Arlington, WA. 98223
Phone 360-403-3407
Cell Phone 425-754-0806
Fax 360-403-9267
E-mail: tcooper@arlingtonwa.gov
C. Department’s Point of Contact:
Jerald “Jaye” Compton
Emergency Logistician
Washington State Emergency Management Division
Building 20, MS: TA-20
Camp Murray, WA 98430-5122
Toll free 800- 562-6108
Desk 253- 512-7097
Cell 253- 507-6378
FAX 253- 512-7200
E-mail: j.compton@emd.wa.gov
[I suggest formatting the Department’s contact info the same as used for the Owner’s contact
info. Either style is okay so long as both are consistent.]
VI.
EFFECTIVE DATE, DURATION AND MODIFICATION
A. The period of performance of this MOU shall commence as of the final dated
signature of the parties to this MOU and end on June 30, 2014, approximately sixty
(60) months from that start date. This MOU may be extended at any time by mutual
written consent of both parties.
B. This MOU may be amended at any time by mutual written amendment to this MOU.
No alteration or variation of the terms of this MOU shall be valid unless made in
writing and signed by the parties hereto, and any oral understanding or agreements
not incorporated herein shall not be binding.
VII.
TERMINATION
A. Termination for Convenience. Either party may terminate this MOU by giving no less
than thirty (30) calendar days’ written notice to the other party.
Staging Area Use Page 5 of 7 Owner
Contract No.
B. Termination for Cause.
Either party may terminate this MOU for cause if the other
party fails to comply with any of the terms and conditions of this MOU in a timely and
acceptable manner, including failure to comply with all federal, state, and local health
and safety laws and regulations. The terminating party shall notify the other party in
writing of the need to take corrective action. If the default or violation is not corrected
after ten (10) days or within a reasonable timeframe as determined by the
terminating party, the MOU shall be deemed terminated. The terminating party
reserves the right to suspend all or part of the MOU during investigation of the
alleged compliance breach and pending corrective action by the terminating party or
a decision by the terminating party to terminate the MOU. The rights and remedies
of the parties provided for in this clause shall not be exclusive and are in addition to
any other rights and remedies provided by law.
C. In the event this MOU is terminated, the Department will be given reasonable time
and access to the Property to remove any equipment, cache, supplies or
improvements.
VIII. LEGAL RELATIONS
To the fullest extent permitted by law, each party to this Agreement shall be responsible for
injury to persons or damage to property resulting from negligent acts or omissions on the
part of itself, its employees, agents or officers. Each party shall defend, protect, and hold
harmless the other party from and against all claims, actions, costs, damages, or expenses
of any nature, including related attorney fees and costs, arising out of or incident to that
party's negligent performance or failure to perform this agreement. Neither party assumes
any responsibility to the other party for the consequences of any act or omission of any third
party.
IN WITNESS HEREOF, the parties hereto have executed this Memorandum of Understanding the
________ day of __________, 2010.
By: _______________________________________ _________
Margaret Larson
Mayor, City of Arlington, Washington Date
By: ________________________________________ _________
Timothy J. Lowenberg, Major General Date
The Adjutant General
Washington Military Department
APPROVED AS TO FORM ONLY: APPROVED AS TO FORM:
_____________________________
Brian E. Buchholz (signature on file) July 7, 2010 Steve Peiffle Date
Assistant Attorney General City Attorney
Staging Area Use Page 6 of 7 Owner
Contract No.
Exhibit A
Site Details
Event:
MOU Number: Date:
Site Owner:
Address:
Beginning Date: Estimated Ending Date:
Narrative Description of Area to be Used
Site Map (Area to be Used is Highlighted)
Staging Area Use Page 7 of 7 Owner
Contract No.
Exhibit B
Cost for Site Use as State Staging Area
Event:
MOU Number: Date:
Site Owner:
Address:
Beginning Date: Estimated Ending Date:
A. Utility Costs (Initial appropriate box(es)):
Utility costs, if any, are included in the Cost per Square Foot listed below.
X The following utility costs will be billed for reimbursement by the Department
Sewage Water Electric Gas Garbage Phone
B. Building Costs, If Any:
Building # Square Feet Cost per Sq Ft Total To update totals, right click and select “update field”
0 Current Rate $ 0.00
0 $0.00 $ 0.00
0 $0.00 $ 0.00
Total Building Costs $ 0.00 Right click and select “Update Field” to calculate
C. Ramp Space Costs:
Location Square Feet Cost per Sq Ft Total To update totals, right click and select “update field”
0 Current Rate $ 0.00
0 $0.00 $ 0.00
0 $0.00 $ 0.00
Total Open Space Costs $ 0.00 Right click and select “Update Field” to calculate
D. Cost of Equipment Available for Use, If Any:
Type of Equipment Cost Please calculate equipment costs for the entire estimated operation
i d $0.00
$0.00
$0.00
$0.00
Total Equipment Costs $ 0.00 Right click and select “Update Field” to calculate
E. Other Costs (Explain in Remarks): $0.00 Right click and select “Update Field” to calculate
Grand Total $ 0.00 Right click and select “Update
Field” to calculate
Remarks
Accepted By (Owner): Signature:
Title: Date:
Accepted By (Department): Signature:
Title: Date:
The Owner of the Property certifies that the totals for each category are correct and complete for use of the site by the Department as a Staging Area. Any additional costs
shall be documented and submitted as a claim to be considered for reimbursement.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT F
COUNCIL MEETING DATE:
September 13, 2010
SUBJECT:
Snohomish County Legislative Agenda
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Snohomish County Legislative Agenda
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION:
The Snohomish County Managers and Administrators group (MAG) has prepared a proposed
Legislative Agenda for the upcoming 2011 Legislative session. The concept is to have all cities
in Snohomish County demonstrate a united front to our local legislators on key issues.
MAG prepared the agenda based on advice from State Representative Mark Ericks and State
Senator Mary Margaret Haugen. Both Representative Ericks and Senator Haugen have
encouraged the cities in Snohomish County to provide a united agenda for upcoming
legislative sessions that focuses just on the key items.
HISTORY:
The cities of Snohomish County have not been united in the past at the state Legislature. As a
result, we have not been able to advance our requests for legislation.
ALTERNATIVES:
Do not adopt the proposed Snohomish County Legislative Agenda
RECOMMENDED ACTION:
No action at this time. Council will be asked to adopt the Legislative Agenda at the September
20, 2010 Council meeting.
CITIES OF SNOHOMISH COUNTY
2011-2013 State Legislative Agenda
This Legislative Agenda, which reflects input from the Cities of Snohomish County, expresses a
collective position on key items that are expected to arise in the form of legislation, budget decisions, or
policy decisions in the upcoming Session of the Legislature.
• Support the Washington Aerospace Partnership and other stakeholder groups in developing a unified
strategy (e.g., training & education, research & development, Office of Aerospace and Defense,
unemployment insurance tax, worker’s compensation, transportation infrastructure) to ensure that
Washington State remains the leading location in the world for aerospace. Led by The Boeing
Company, the aerospace industry within Snohomish County employs as many as 45,000 people,
while one out of every three to six Washington State jobs is supported either directly or indirectly by
the aerospace industry.
Aerospace Industry
• Support “tax-increment financing (TIF)”, which is a tool used by most other states to foster economic
and community development to allow cities to proactively implement their Comprehensive Plans and
to ensure local, regional and national competitiveness.
Economic Development
• Support additional financial resources for Local Revitalization Financing (LRF) program and Local
Infrastructure Finance Tool (LIFT) to allow those cities who currently qualify to participate.
• Support legislation such as a transportation revenue package that ensures local distribution and local
funding options to provide cities sustainable and adequate funding for vital infrastructure investments
that is capable of promoting economic growth and prosperity to the cities of Snohomish County.
Local Transportation and Capital Facilities
• Fully fund Public Works Trust Fund (PWTF) and Transportation Improvement Board (TIB) programs
to provide cities funding for infrastructure and economic development purposes; no additional
diversion or ‘sweeping’ of capital accounts such as the Public Works Trust Fund.
• Support the creation of a street maintenance utility to provide cities funding in support of street
preservation and maintenance within an identified street utility service area.
• Support investment in key transportation corridors such as U.S. 2, SR-9, and I-5, which are critical to
the quality of life and the movement of people and goods throughout Snohomish County.
• Reform of annexation statutes and those dealing with the role of cities, counties and special purpose
districts in urban areas to include: require joint planning in unincorporated urban growth areas;
removing referendum from annexation process; limiting the authority of boundary review boards; and
legislation that allows counties the ability to levy a utility tax, if it is restricted to unincorporated areas
and there are accommodations for the needs of cities, in those areas, such as annexation financing
assistance.
Growth Management Act
• Strongly oppose any legislation that: imposes an “unfunded mandate” without additional funding to
support these programs; attempts to erode local revenue or tax authority such as local state-shared
revenues that are critical to the financial health of cities; and pre-empts local authority over any
policy or operational matter traditionally and historically vested with local government.
Unfunded Mandates and Preemption of Local Authority
CITIES OF SNOHOMISH COUNTY
2011-2013 State Legislative Agenda
City of Arlington
Kristin Banfield
Assistant City Administrator
360-403-3441
City of Brier
City of Bothell
Town of Darrington
City of Edmonds
City of Everett
City of Gold Bar
Brent Kirk, Public Works Supervisor
360-691-6441
City of Index
City of Lake Stevens
Jan Berg, City Administrator
425-377-3230
City of Lynnwood
City of Marysville
City of Mill Creek
City of Monroe
Gene Brazel, City Administrator
360-794-7400
City of Mountlake Terrace
John Caulfield, City Manager
425-744-6205
City of Mukilteo
Joe Marine, Mayor
425-263-8018
City of Snohomish
Larry Bauman, City Manager
360-568-3115
City of Stanwood
City of Sultan
Town of Woodway
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT G
COUNCIL MEETING DATE:
September 13, 2010
SUBJECT:
Update of AMC Title 1
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Title 1 with strikeouts
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the proposed
changes
DESCRIPTION:
Staff is proposing minor changes to AMC Chapter 1.01 to clean up gender references and
grammar.
Additional language is proposed to be added to AMC Chapter 1.04 regarding penalties for civil
infractions. During the course of the AMC Update project, City staff discovered numerous
references to “civil infractions” and different classes of these civil infractions. Upon further
review of the AMC, we discovered that we did not have a definition for a civil infraction nor
did we have definitions for the different classes of civil infractions that are interspersed
throughout the code. To correct this deficiency, staff is proposing new language in AMC
Chapter 1.04.
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format by the end
of 2010.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
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Title 1 GENERAL PROVISIONS
Chapters:
1.01 Code Adoption
1.04 General Penalty
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Chapter 1.01 CODE ADOPTION*
Sections:
1.01.010 Adoption of the "Arlington Municipal Code."
1.01.020 Reference applies to amendments.
1.01.030 Title--Citation--Reference.
1.01.040 Definitions.
1.01.050 Grammatical interpretation.
1.01.060 Construction.
1.01.070 Title, chapter and section headings.
1.01.080 Reference to specific ordinances.
1.01.090 Effect of code on past actions and obligations.
1.01,100 Repeal shall not revive any ordinances.
1.01.110 Repeal.
1.01.120 Exclusions.
1.01.130 Prohibited acts include causing, permitting.
1.01.140 Effective date of code.
1.01.150 Constitutionality.
1.01.010 Adoption of the "Arlington Municipal Code."
Pursuant to the provisions of RCW 35.21.500--35.21.570, there is adopted the "Arlington
Municipal Code" as published by Book Publishing Company, Seattle, Washington together with
those secondary codes adopted by reference as authorized by RCW 35.21.180, save and except
those portions of the secondary codes as are deleted or modified by the provisions of the
"Arlington Municipal Code."
1.01.020 Reference applies to amendments.
Whenever a reference is made to this code as the "Arlington Municipal Code" or to any portion
thereof, or to any ordinance of the city of Arlington, Washington, the reference shall apply to all
amendments, corrections and additions heretofore, now or hereafter made.
1.01.030 Title--Citation--Reference.
This code shall be known as the "Arlington Municipal Code" and it is sufficient to refer to said
code as the "Arlington Municipal Code" in any prosecution for the violation of any provision
thereof or in any proceeding at law or equity. It is sufficient to designate any ordinance adding
to, amending,, correcting or repealing all or any part or portion thereof as an addition to,
amendment to, correction or repeal of the "Arlington Municipal Code." Further, reference may
be had to the titles, chaptersf sections and subsections of the "Arlington Municipal Code" and
such reference shall apply to that numbered title, chapter, section or subsection as it appears in
the code.
1.01.040 Definitions.
The following words and phrases whenever used in this code shall be construed as defined in this
section unless from the context a different meaning is intended or unless different meaning is
specifically defined and more particularly directed to the use of such words or phrases:
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(a) "City" means the city of Arlington, Washington, or the area within the territorial limits of
the city of Arlington, Washington, and such territory outside of the city over which the city has
jurisdiction or control by virtue of any constitutional or statutory provision;
(b) "Council" means the city council of the city of Arlington, Washington. "All its members" or
"all councilmen" mean the total number of councilmen council members provided by the general
laws of the state of Washington;
(c) "County" means the county of Snohomish, Washington;
(d) "Law" denotes applicable federal law, the constitution and statutes of the state of
Washington, the ordinances of the city of Arlington, Washington, and when appropriate, any and
all rules and regulations which may be promulgated thereunder;
(e) "Oath" includes affirmation;
(f) "Officer--Office." The use of the title of any officer, employee, or any office, or ordinance,
or section of this code means such officer, employee, office, or ordinance of Arlington, or
section of this code unless otherwise specifically designated;
(g) "Ordinance" means a law of the city, provided, that a temporary or special law,
administrative action, order or directive may be in the form of a resolution;
(h) "Person" means any natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, organization, or the manager, lessee,
agent, servant, officer or employee of any of them;
(i) "State" means the state of Washington;
(j) "Street" shall include all streets, highways, avenues, lanes, alleys, courts, places, squares,
curbs, or other public ways in this city which have been or may hereafter be dedicated and open
to public use, or such other public property so designated in any law of this state;
(k) "May" is permissive;
(1) "Must" and "shall." Each isare each mandatory;
(m) "Written" includes printed, typewritten, mimeographed or multigraphed.
1.01.050 Grammatical interpretation.
The following grammatical rules shall apply in this code:
(a) Gender. Any gender includes the other genders;
(b) Singular and Plural. The singular number includes the plural and the plural includes the
singular;
(c) Tenses. Words used in the present tense include the past and the future tenses and vice
versa;
(d) Use of Words and Phrases. Words and phrases used in this code and not specifically defined
shall be construed according to the context and approved usage of the language.
1.01.060 Construction.
The provisions of this code and all proceedings under it are to be construed with a view to effect
its objects and to promote justice.
1.01.070 Title, chapter and section headings.
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify
or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or
section hereof.
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1.01.080 Reference to specific ordinances.
The provisions of this code shall not in any manner affect deposits of money, funds or securities
or other matters of record which refer to, or are otherwise connected with ordinances which are
therein specifically designated by number or otherwise and which are included within the code,
but such reference shall be construed to apply to the corresponding provisions contained within
this code.
1.01.090 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendments of any ordinance or part or
portion of any ordinance of the city shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective date hereof, nor be construed
as a waiver of any license, fee or penalty at said effective date due and unpaid under such
ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the
collection of any such license, fee, or penalty, on the penal provisions applicable to any violation
thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be
posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder
appertaining shall continue in full force and effect.
1.01.100 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any
ordinance which has been repealed thereby.
1.01.110 Repeal.
All general ordinances of the city of Arlington, Washington not included in this code or excluded
from the operation and effect of this section are repealed.
1.01.120 Exclusions.
Every special ordinance of this city governing the following subject matter, whether contained in
whole or in part within this code, is excluded from the operation and effect of Section 1.01.110
and is not affected by the repeal provisions hereof. Annexation; franchises; naming roads, streets
and public places; acquisition or disposal of public property; vacation of streets, alleys or public
ways; acceptance of any gift, devise, license or other benefit; provided, that the foregoing
enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it
being the intent and purpose to exclude from repeal any and all ordinances not of a general
nature.
1.01.130 Prohibited acts include causing, permitting.
Whenever in this code any act or omission is made unlawful it includes causing, allowing,
permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
1.01.140 Effective date of code.
This code shall become effective on the date the ordinance adopting this code as the "Arlington
Municipal Code" becomes effective.
1.01.150 Constitutionality.
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If any section, subsection , sentence, clause or phrase of this code is for any reason held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of
this code. The council declares that it would have passed this code, and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases had been declared invalid or unconstitutional and, if
for any reason this code should be declared invalid or unconstitutional, then the original
ordinance or ordinances shall be in full force and effect.
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Chapter 1.04 GENERAL PENALTY*
Sections:
1.04.010 Penalty for violation-Definition of misdemeanor and gross misdemeanor.
1.04.020 Penalty for violation – Definition of infraction
1.04.030 Continuing Offenses
1.04.010 Penalty for violation-Definition of misdemeanor and gross misdemeanor.
(a) Unless otherwise expressly set forth, any person violating any of the provisions or failing to
comply with any of the mandatory requirements of this code is guilty of a misdemeanor.
(b) A misdemeanor shall be defined and the penalty shall be as set forth in RCW 9A.20.021, as
now existing or as hereafter amended.
(c) A gross misdemeanor shall be defined and the penalty shall be as set forth in RCW
9A.20.021, as now existing or as hereafter amended.
1.04.020 Penalty for violation – Definition of infraction
Any person violating any provision or failing to comply with any mandatory requirements of this
code which is designated an infraction shall be assessed the following monetary penalty unless
another penalty is provided:
(a) The maximum penalty and the default amount for a Class 1 civil infraction shall be two
hundred fifty dollars ($250.00), not including statutory assessments;
(b) The maximum penalty and the default amount for a Class 2 civil infraction shall be one
hundred twenty five dollars ($125.00), not including statutory assessments;
(c) The maximum penalty and the default amount for a Class 3 civil infraction shall be fifty
dollars ($50.00), not including statutory assessments; and
(d) The maximum penalty and the default amount for a Class 4 civil infraction shall be
twenty five dollars ($25.00), not including statutory assessments.
Infractions are civil rather than criminal offenses and proof of the commission of an infraction is
by a preponderance of the evidence. It is never necessary to demonstrate scienter or mens rea for
the finding that an infraction has been committed.
1.04.030 Continuing Offenses
A person is guilty of a separate offense for each day or any portion thereof in which a violation
of any provision of this Code is committed, continued or permitted and may be punished
accordingly.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT H
COUNCIL MEETING DATE:
September 13, 2010
SUBJECT:
Update of AMC Chapter 2.04
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 2.04 with strikeouts
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the proposed
changes
DESCRIPTION:
Staff is proposing additional updates to AMC Chapter 2.04 regarding the City Council. Staff is
proposing adding language to reflect our current use of workshops, clarifying language in the
expense reimbursement section, and updating the order of the agenda to reflect current
practice.
Staff also fixed a number of gender references to make them gender neutral.
HISTORY:
Title 2 of the AMC was updated last fall. The City has been updating the Arlington Municipal
Code over the course of the past year. The project should be complete and the AMC completely
updated in a searchable format by the end of 2010.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Chapter 2.04 CITY COUNCIL*
Sections:
2.04.010 Meetings--Statutory compliance required.
2.04.020 Meetings--Time and place--When meetings fall on legal holidays.
2.04.025 Compensation.
2.04.027 Expense reimbursement.
2.04.030 Procedures.
2.04.040 Addressing council.
2.04.050 Transaction of business--Procedure.
2.04.060 Robert's Rules of Order.
2.04.010 Meetings--Statutory compliance required.
Meetings of the city council will be conducted in accordance with the laws of the state as the
same are now or hereafter will be in force.
2.04.020 Meetings--Time and place--When meetings fall on legal holidays.
The city council shall hold its regular meetings on the first and third Mondays of each month,
and its workshops on the second and fourth Mondays of each month. All meetings shall
beginning at seven p.m. Meetings shall be held at the Arlington Police Station/City Hall Annex,
110 E. 3rd St., Arlington, Washington; provided, however, that whenever such regular meeting
falls upon a Monday declared in RCW 1.16.050 now or in the future as a legal holiday, then the
regular meeting of the city council shall be held upon the following Tuesday. All meetings shall
begin at seven p.m. Meetings shall be held at the Arlington Police Station/City Hall Annex, 110
E. 3rd St., Arlington, Washington.
2.04.025 Compensation.
Each city council member will be paid two hundred dollars for each regular meeting of the city
council attended by such council member, not to exceed four hundred dollars per calendar
month. The mayor will be paid one thousand five hundred dollars for each calendar month
during which the major mayor performs his or her duties.
2.04.027 Expense reimbursement.
(a) In addition to the compensation provided for by AMC 2.04.025, the mayor and council
members will be entitled to reimbursement for reasonable and necessary expenses incurred in
attendance at meetings required by virtue of their office. Such reimbursement shall include a per
meeting expense as authorized by RCW 35A.12.070 in the amount of fifty dollars per meeting
for attendance of city council members or the mayor at the following meetings, excluding regular
city council meetings and city council work sessions immediately preceding or immediately after
regular city council meetings, but in any event not to exceed eight meetings in any month for a
council member and twenty meetings in any month for the mayor:
(1) Attendance at official functions of the following organizations to which the city
belongs: National League of Cities, Association of Washington Cities, Snohomish
County Association of Cities and Towns, and Snohomish County Tomorrow;
(2) Attendance at meetings where the council member or mayor is appointed or elected
to attend by the mayor, city council, Snohomish County association of cities and towns,
the Snohomish county executive, Snohomish county council, the Governor, or State
Legislature, if the reason for the appointment was because of the individual's status as an
elected official;
(3) City council retreats, emergency city council meetings, or city council workshops;
provided, that no reimbursement shall occur for these meetings when they occur
immediately before or immediately after regularly scheduled council meetings;
(4) Any function at which the individual is representing the city at the request of the
mayor or by action of the city council;
(5) City facility dedications and city-sponsored graduations and award ceremonies;
(6) City council subcommittee meetings; and
(7b) Such other specific meetings as may be approved in advance by the city council at a public
meeting prior to said meeting; provided, however, thatNotwithstanding elements in the
provisions of subsection (a), reimbursement will not be authorized by virtue of this section for
attendance at political functions.
2.04.030 Procedures.
Ordinances and resolutions may be offered for consideration by the mayor or by any
councilmancouncil member at any meeting of the city council. The presiding officer will
recognize any motion made and seconded from the council for the adoption of an ordinance or
resolution. No ordinance or resolution will be adopted without the same having first been
submitted to the city attorney for his or her approval as to form. It will be unnecessary to read the
full text of any such ordinance or resolution and it will be sufficient that the same be read by
reading aloud the title only, provided:
(1) That copies of the full text thereof will have been previously furnished to each member of
the city council present at the meeting where the same may be offered;
(2) That copies of the full text of the same are available for examination by any member of the
public present at the meeting where the same may be offered; and
(3) Upon demand of any councilmancouncil member the full text of the same will be read aloud
before adoption.
2.04.040 Addressing council.
It is unlawful for any person to address or attempt to address any regular or special meeting of
the council except with the recognition of the presiding officer.
2.04.050 Transaction of business--Procedure.
The following rules will govern the proceedings of the city council. A quorum being present, the
council will proceed to transact the business before it in the following manner, unless the same
be temporarily suspended by unanimous consent:
(1) Call to order;
(2) Roll call of members;
(3) Public comment, for members of the public to speak to the council regarding matters not on
the agenda;
(4) Consent agenda and approval of claims;
(5) Public hearing;
(6) Unfinished business;
(7) New business;
(8) Discussion items;
(9) Information items;
(1110) Administrator and staff reports;
(1011) Mayor's report;
(11) Administrator and staff reports;
(12) Council member reports (optional);
(13) Executive session (optional).
2.04.060 Robert's Rules of Order.
Robert's Rules of Order will govern the proceedings of the council where applicable and when
not in conflict with statutes or ordinances.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT I
COUNCIL MEETING DATE:
September 13, 2010
SUBJECT:
Update of AMC - Adding Chapter 2.xxx,
Creating a Volunteer Fire Fighter Board of
Trustees
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 2.xxx, Volunteer Fire Fighter and Reserve Officers Board of Trustees –
Fire Fighter Board of Trustees
- RCW 41.24
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney is reviewing the proposed
chapter
DESCRIPTION:
Staff is proposing additional updates to AMC Title 2 to meet our obligations under state law.
State law requires the establishment of a Volunteer Fire Fighter and Reserve Officers Board of
Trustees to execute the powers and perform the duties established by Chapter 41.24, Revised
Code of Washington in connection with the enrollment, application, claims, and other matters.
The representation on this board is set by statute, as are the powers and duties of the board.
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format by the end
of 2010.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
Chapter 2.____ VOLUNTEER FIRE FIGHTER AND RESERVE OFFICERS BOARD
OF TRUSTEES – FIRE FIGHTER BOARD OF TRUSTEES
Sections: 2.____ Created.
2.____ Membership.
2.____ Powers and duties.
2.____ Benefits--Eligibility
2.___.____ Created.
Pursuant to the authority conferred by Chapter 41.24, Revised Code of Washington, there
is created a city Volunteer Fire Fighter and Reserve Officers Board of Trustees – Fire Fighter
Board of Trustees to execute the powers and perform the duties established by Chapter 41.24,
Revised Code of Washington in connection with enrollment, application, claims, and other
matters.
2.___.____ Membership.
Such board shall be composed of five members: the mayor, city clerk, one
councilmember, the chief of the fire department, and one member of the fire department to be
elected by the members of such fire department for a term of one year and annually thereafter.
2.___.____ Powers and Duties.
The Volunteer Fire Fighter and Reserve Officers Board of Trustees–Fire Fighter Board of
Trustees, upon appointment, qualification and organization shall hold meetings, adopt rules and
regulations, perform the duties and exercise the powers of such board in compliance with RCW
Chapter 41.24.
2.___.____ Benefits--Eligibility.
All members of the present firefighting force of the city shall be eligible to receive the
benefits accruing under Chapter 41.24, Revised Code of Washington by complying with the
regulations of the board and upon successfully qualifying for permanent appointment and
promotion on merit, efficiency and fitness, which shall be ascertained by such qualifying
examination and impartial investigation as the board of trustees may provide.
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RCWs > Title 41 > Chapter 41.24
Chapter 41.24 RCW
Volunteer firefighters' and reserve officers' relief and
pensions
(formerly volunteer firefighters' relief and pensions)
Chapter Listing | RCW Dispositions
RCW Sections
41.24.010 Definitions.
41.24.020 Enrollment of firefighters -- Death, disability, retirement benefits.
41.24.023 Retired participant may resume volunteer service -- Board approval required.
41.24.030 Volunteer firefighters' and reserve officers' relief and pension principal fund
created -- Composition -- Investment -- Use -- Treasurer's report.
41.24.035 Legal, medical expenses -- May be paid from earnings of the principal fund
and administrative fund.
41.24.040 Fees, when payable -- Interest -- Effect of nonpayment.
41.24.050 Emergency medical technicians or first aid vehicle operators -- Restriction on
retirement system membership.
41.24.060 Board of trustees -- How constituted.
41.24.070 Officers of board -- Record of proceedings -- Forms.
41.24.080 Duties of board and state board -- Disbursements.
41.24.090 Meetings.
41.24.100 Compelling attendance of witnesses -- Oaths -- Rules and regulations.
41.24.110 Reimbursement of physicians and medical staff.
41.24.120 Hearing of application for benefits -- Appeal to state board.
41.24.130 Quorum -- Vote on allowance of claims.
41.24.140 Guardian may be appointed.
41.24.150 Disability payments.
41.24.155 Vocational rehabilitation -- Purpose -- Costs -- Administration -- Discretion of
state board.
41.24.160 Death benefits.
41.24.170 Retirement pensions.
41.24.172 Retirement pensions -- Options -- Election.
41.24.175 Disability or retirement payments -- Computation according to latest legislative
expression.
41.24.176 Disability or retirement payments -- Construction.
41.24.180 Lump sum payments.
Legislature Home | Senate | House of Representatives | Contact Us | Search | Help
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41.24.185 Lump sum payments -- Monthly pension under fifty dollars.
41.24.190 Proof of service.
41.24.200 Service need not be continuous nor in a single department or agency.
41.24.210 Report of accident -- Time limitation for filing report and claim.
41.24.215 Injured volunteer -- Recovery from third party.
41.24.220 Hospitalization, surgery, etc.
41.24.230 Funeral and burial expenses.
41.24.240 Benefits not transferable or subject to legal process -- Exceptions -- Chapter
not exclusive.
41.24.245 Payments to spouse or ex spouse pursuant to court order.
41.24.250 State board for volunteer firefighters and reserve officers -- Composition --
Terms -- Vacancies -- Oath.
41.24.260 State board for volunteer firefighters and reserve officers -- Meetings --
Quorum.
41.24.270 State board for volunteer firefighters and reserve officers -- Compensation --
Travel expenses.
41.24.280 State board for volunteer firefighters and reserve officers -- Attorney general
is legal advisor.
41.24.290 State board for volunteer firefighters and reserve officers -- Powers and
duties.
41.24.300 State board for volunteer firefighters and reserve officers -- Vouchers,
warrants.
41.24.310 State board for volunteer firefighters and reserve officers -- Secretary, duties,
compensation.
41.24.320 State board for volunteer firefighters and reserve officers -- State actuary to
provide actuarial services.
41.24.330 Emergency medical service districts--Board of trustees--Creation.
41.24.340 Emergency medical service districts--Board of trustees--Officers--Annual
report.
41.24.400 Reserve officers -- Enrollment -- Limitations.
41.24.410 Reserve officers -- Credit for service.
41.24.430 Reserve officers -- Eligibility for benefit.
41.24.450 Reserve officers -- Municipality adoption of relief benefits.
41.24.460 Reserve officers -- Board of trustees.
41.24.900 Construction -- Chapter applicable to state registered domestic partnerships --
2009 c 521.
Notes:
Prior acts relating to volunteer firefighters' relief and pensions: (1) 1935 c 121
(repealed by 1945 c 261 § 27).
(2) Benefits extended to volunteer firefighters of fire protection districts: 1943 c 137.
Fire protection districts: Title 52 RCW.
Firefighters' relief and pensions: Chapters 41.16, 41.18 RCW.
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41.24.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Administrative fund" means the volunteer firefighters' and reserve officers' administrative fund
created under RCW 41.24.030.
(2) "Appropriate legislation" means an ordinance when an ordinance is the means of legislating by
any municipality, and resolution in all other cases.
(3) "Board of trustees" or "local board" means: (a) For matters affecting firefighters, a firefighter
board of trustees created under RCW 41.24.060; (b) for matters affecting an emergency worker, an
emergency medical service district board of trustees created under RCW 41.24.330; or (c) for matters
affecting reserve officers, a reserve officer board of trustees created under RCW 41.24.460.
(4) "Emergency worker" means any emergency medical service personnel, regulated by chapters
18.71 and 18.73 RCW, who is a member of an emergency medical service district but shall not include
emergency medical service personnel who are eligible for participation in the Washington public
employees' retirement system, with respect to periods of service rendered in such capacity.
(5) "Fire department" means any regularly organized fire department or emergency medical service
district consisting wholly of volunteer firefighters, or any part-paid and part-volunteer fire department
duly organized and maintained by any municipality: PROVIDED, That any such municipality wherein a
part-paid fire department is maintained may by appropriate legislation permit the full-paid members of
its department to come under the provisions of chapter 41.16 RCW.
(6) "Firefighter" includes any firefighter or emergency worker who is a member of any fire
department of any municipality but shall not include firefighters who are eligible for participation in the
Washington law enforcement officers' and firefighters' retirement system or the Washington public
employees' retirement system, with respect to periods of service rendered in such capacity.
(7) "Municipal corporation" or "municipality" includes any county, city, town or combination thereof,
fire protection district, local law enforcement agency, or any emergency medical service district or
other special district, authorized by law to protect life or property within its boundaries through a fire
department, emergency workers, or reserve officers.
(8) "Participant" means: (a) For purposes of relief, any reserve officer who is or may become
eligible for relief under this chapter or any firefighter or emergency worker; and (b) for purposes of
retirement pension, any firefighter, emergency worker, or reserve officer who is or may become eligible
to receive a benefit of any type under the retirement provisions of this chapter, or whose beneficiary
may be eligible to receive any such benefit.
(9) "Performance of duty" or "performance of service" shall be construed to mean and include any
work in and about company quarters, any fire station, any law enforcement office or precinct, or any
other place under the direction or general orders of the chief or other officer having authority to order
such member to perform such work; performing other officially assigned duties that are secondary to
his or her duties as a firefighter, emergency worker, or reserve officer such as maintenance, public
education, inspections, investigations, court testimony, and fund-raising for the benefit of the
department; being on call or on standby under the orders of the chief or designated officer of the
department, except at the individual's home or place of business; responding to, working at, or
returning from an alarm of fire, emergency call, or law enforcement duties; drill or training; or any work
performed of an emergency nature in accordance with the rules and regulations of the fire department
or local law enforcement agency.
(10) "Principal fund" means the volunteer firefighters' and reserve officers' relief and pension
principal fund created under RCW 41.24.030.
(11) "Relief" means all medical, death, and disability benefits available under this chapter that are
made necessary from death, sickness, injury, or disability arising in the performance of duty, including
benefits provided under RCW 41.24.110, 41.24.150, 41.24.160, 41.24.175, 41.24.220, and 41.24.230,
but does not include retirement pensions provided under this chapter.
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(12) "Reserve officer" means the same as defined by the Washington state criminal justice training
commission under chapter 43.101 RCW, but shall not include enforcement officers who are eligible for
participation in the Washington law enforcement officers' and firefighters' retirement system or the
Washington public employees' retirement system, with respect to periods of service rendered in such
capacity.
(13) "Retired participant" means any participant who is at least sixty-five years of age and has been
retired by the board of trustees under RCW 41.24.170 and has been in receipt of a monthly pension
for no less than three months.
(14) "Retirement pension" means retirement payments for the performance of service, as provided
under RCW 41.24.170, 41.24.172, 41.24.175, 41.24.180, and 41.24.185.
(15) "State board" means the state board for volunteer firefighters and reserve officers.
[2010 c 60 § 2; 2006 c 26 § 1; 2005 c 37 § 1; 1999 c 148 § 1; 1995 c 11 § 1; 1993 c 331 § 1; 1989 c 91 § 8; 1970 ex.s. c 6 §
18; 1955 c 263 § 1; 1945 c 261 § 1; Rem. Supp. 1945 § 9578-15.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to
RCW 1.08.015(2)(k).
Effective date -- 1989 c 91: "This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and shall take effect July 1, 1989." [1989 c 91 § 27.]
Construction -- Saving -- 1955 c 263: "Any provisions of chapter 41.24 RCW
inconsistent with the provisions of this act are hereby repealed: PROVIDED, That such
repeal shall not affect any act or proceeding had or pending, under such provision
repealed, but the same shall be construed and prosecuted as though such provision had
not been repealed." [1955 c 263 § 12.]
Severability -- 1945 c 261: "If any provision of this act, or the application thereof to
any person or circumstance, is held invalid, the remainder of the act, and the application of
such provision to other persons or circumstances, shall not be affected thereby. If any
section, subsection, sentence, clause or phrase of this act is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this
act. The legislature hereby declares that it would have passed this act and each section,
subsection, clause and phrase thereof irrespective of the fact that any one or more of the
other sections, subsections, sentences, clauses and phrases be declared
unconstitutional." [1945 c 261 § 26.]
Construction -- Saving -- 1945 c 261: "Chapter 121, Laws of 1935 (sections 9578-1
to 9578-11, inclusive, Remington's Revised Statutes, also Pierce's Perpetual Code 773-37
to -57), is hereby repealed: PROVIDED, That such repeal shall not be construed as
affecting any act done or right acquired, or obligation incurred, or proceedings had or
pending, under said act repealed, but the same shall be continued and prosecuted as
though such act had not been repealed." [1945 c 261 § 27.]
Fire protection district having full paid fire department: RCW 41.16.240.
41.24.020
Enrollment of firefighters — Death, disability, retirement benefits.
(1) Every municipal corporation maintaining and operating a regularly organized fire department shall
make provision by appropriate legislation for the enrollment of every firefighter under the relief
provisions of this chapter for the purpose of providing protection for all its firefighters and their families
from death, sickness, injury, or disability arising in the performance of their duties as firefighters.
Nothing in this chapter shall prohibit any municipality from providing such additional protection for relie
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as it may deem proper.
(2) Any municipal corporation maintaining and operating a regularly organized fire department may
make provision by appropriate legislation allowing any member of its fire department to enroll under
the retirement pension provisions of this chapter.
(3) Every municipal corporation shall make provisions for the collection and payment of the fees
provided under this chapter, and shall continue to make such provisions for all firefighters who come
under this chapter as long as they shall continue to be members of its fire department.
[1999 c 148 § 2; 1989 c 91 § 9; 1945 c 261 § 2; Rem. Supp. 1945 § 9578-16.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.023
Retired participant may resume volunteer service — Board approval
required.
(1) A local municipality may, at its discretion, permit a retired participant to make application to the
local board to resume volunteer service as a firefighter, under the following conditions:
(a) A retired participant who chooses to resume volunteer service is not eligible for disability
payments pursuant to RCW 41.24.150 in the event that the retired participant becomes disabled as
the result of the performance of his or her duties.
(b) Prior to permitting a retired participant to resume volunteer service, a local board shall require
that a retired participant submit to annual examinations by a physician or other medical staff. A retired
participant may resume volunteer service only if the examining physician or other medical staff certifies
each year that the retired participant meets appropriate medical and health standards. Physicians and
medical staff that examine retired participants shall be reimbursed by the local municipality, and report
to the local and state boards, consistent with RCW 41.24.110.
(c) A local municipality that elects to permit retired participants to resume volunteer service shall be
required to pay an additional annual charge based on the increased cost of medical and relief benefits
for retired participants. The amount of the additional annual charge shall be set by the state board, in
consultation with the state actuary.
(2) No period of volunteer service performed by a retired participant may be used in calculating a
retirement pension under RCW 41.24.170.
(3) The legislature reserves the right to amend or repeal this section in the future and no
participant, retired participant, or beneficiary has a contractual right to resume volunteer service while
in receipt of a retirement pension.
[2010 c 60 § 1.]
41.24.030
Volunteer firefighters' and reserve officers' relief and pension principal
fund created — Composition — Investment — Use — Treasurer's report.
(1) The volunteer firefighters' and reserve officers' relief and pension principal fund is created in the
state treasury as a trust fund for the benefit of the participants covered by this chapter consisting of:
(a) All bequests, fees, gifts, emoluments, or donations given or paid to the fund.
(b) An annual fee for each member of its fire department to be paid by each municipal corporation
for the purpose of affording relief provided in this chapter for firefighters as follows:
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(i) Thirty dollars for each volunteer or part-paid member of its fire department;
(ii) A sum equal to one and one-half of one percent of the annual salary attached to the rank of
each full-paid member of its fire department, prorated for 1970 on the basis of services prior to March
1, 1970.
(c) An annual fee for each emergency worker of an emergency medical service district paid by the
district that is sufficient to pay the full costs of covering the emergency worker under the relief
provisions of this chapter, including operating expenses. The state board shall determine the amount
of this fee based on the latest actuarial valuation of the system.
(d) Where a municipal corporation has elected to make relief provisions of this chapter available to
its reserve officers, an annual fee for each reserve officer paid by the municipal corporation that is
sufficient to pay the full costs of covering the reserve officer under the relief provisions of this chapter,
including operating expenses. The state board shall determine the amount of this fee based on the
latest actuarial valuation of the system.
(e) Where a municipal corporation has elected to make the retirement pension provisions of this
chapter available to members of its fire department, an annual fee of sixty dollars for each of its
firefighters electing to enroll, thirty dollars of which shall be paid by the municipality and thirty dollars of
which shall be paid by the firefighter. However, nothing in this section prohibits any municipality from
voluntarily paying the firefighters' fee for this retirement pension coverage.
(f) Where an emergency medical service district has elected to make the retirement pension
provisions of this chapter available to its emergency workers, for each emergency worker electing to
enroll: (i) An annual fee of thirty dollars shall be paid by the emergency worker; and (ii) an annual fee
paid by the emergency medical service district that, together with the thirty-dollar fee per emergency
worker, is sufficient to pay the full costs of covering the emergency worker under the retirement
pension benefits provided under this chapter, including operating expenses. The state board shall
determine the amount of this fee based on the latest actuarial valuation of the system. However,
nothing in this section prohibits any emergency medical service district from voluntarily paying the
emergency workers' fees for this retirement pension coverage.
(g) Where a municipal corporation has elected to make the retirement pension provisions of this
chapter available to its reserve officers, for each reserve officer electing to enroll: (i) An annual fee of
thirty dollars shall be paid by the reserve officer; and (ii) an annual fee paid by the municipal
corporation that, together with the thirty-dollar fee per reserve officer, is sufficient to pay the full costs
of covering the reserve officer under the retirement pension benefits provided under this chapter,
including operating expenses. The state board shall determine the amount of this fee based on the
latest actuarial valuation of the system. However, nothing in this section prohibits any municipal
corporation from voluntarily paying the reserve officers' fees for this retirement pension coverage.
(h) Moneys transferred from the administrative fund, as provided under subsection (4) of this
section, which may only be used to pay relief and retirement pensions for firefighters.
(i) Earnings from the investment of moneys in the principal fund.
(2) The state investment board, upon request of the state treasurer shall have full power to invest,
reinvest, manage, contract, sell, or exchange investments acquired from that portion of the amounts
credited to the principal fund as is not, in the judgment of the state board, required to meet current
withdrawals. Investments shall be made in the manner prescribed by RCW 43.84.150 and not
otherwise.
All bonds, investments, or other obligations purchased by the state investment board shall be
placed in the custody of the state treasurer, and he or she shall collect the principal thereof and
interest thereon when due.
The state investment board may sell any of the bonds, investments, or obligations so acquired and
the proceeds thereof shall be paid to the state treasurer.
(3) The interest, earnings, and proceeds from the sale and redemption of any investments held by
the principal fund and invested by the state investment board shall be credited to and form a part of
the principal fund, less the allocation to the state investment board expense account pursuant to RCW
43.33A.160.
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Subject to restrictions contained in this chapter, all amounts credited to the principal fund shall be
available for making the benefit payments required by this chapter.
The state treasurer shall make an annual report showing the condition of the fund.
(4) The volunteer firefighters' and reserve officers' administrative fund is created in the state
treasury. Moneys in the fund, including unanticipated revenues under RCW 43.79.270, may be spent
only after appropriation, and may be used only for operating expenses of the volunteer firefighters' and
reserve officers' relief and pension principal fund, the operating expenses of the volunteer firefighters'
and reserve officers' administrative fund, or for transfer from the administrative fund to the principal
fund.
(a) Forty percent of all moneys received by the state from taxes on fire insurance premiums shall be
paid into the state treasury and credited to the administrative fund.
(b) The state board shall compute a percentage of the amounts credited to the administrative fund
to be paid into the principal fund.
(c) For the purpose of providing amounts to be used to defray the cost of administration of the
principal and administrative funds, the state board shall ascertain at the beginning of each biennium
and request from the legislature an appropriation from the administrative fund sufficient to cover
estimated expenses for the biennium.
[2005 c 37 § 2; 1999 c 148 § 3. Prior: 1995 c 45 § 1; 1995 c 11 § 3; 1992 c 97 § 1; 1991 sp.s. c 13 § 98; prior: 1989 c 194 § 1;
1989 c 91 § 1; 1986 c 296 § 4; 1982 1st ex.s. c 35 § 17; 1981 c 3 § 26; 1973 1st ex.s. c 170 § 1; 1970 ex.s. c 6 § 19; 1967 c
160 § 2; 1957 c 116 § 1; 1955 c 223 § 1; 1945 c 261 § 3; Rem. Supp. 1945 § 9578-17; prior: 1935 c 121 § 1; RRS § 9578-1.]
Notes:
Effective date -- 1992 c 97: "This act shall take effect July 1, 1992." [1992 c 97 § 3.]
Effective dates -- Severability -- 1991 sp.s. c 13: See notes following RCW
18.08.240.
Effective date -- 1989 c 194 §§ 1, 2, and 3: "Sections 1, 2, and 3 of this act are
necessary for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall take effect
July 1, 1989." [1989 c 194 § 4.]
Effective date -- 1989 c 91: See note following RCW 41.24.010.
Severability -- Effective date -- 1986 c 296: See notes following RCW 48.14.020.
Severability -- Effective dates -- 1982 1st ex.s. c 35: See notes following RCW
82.08.020.
Effective dates -- Severability -- 1981 c 3: See notes following RCW 43.33A.010.
Effective date -- 1973 1st ex.s. c 170: "This 1973 amendatory act shall take effect
on July 1, 1973." [1973 1st ex.s. c 170 § 5.]
Insurance premium taxes: RCW 48.14.020.
41.24.035
Legal, medical expenses — May be paid from earnings of the principal
fund and administrative fund.
The state board is authorized to pay from the earnings of the principal fund and administrative fund
lawful obligations of the system for legal expenses and medical expenses which expenses are
primarily incurred for the purpose of protecting the principal fund or are incurred in compliance with
statutes governing such funds.
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The term "legal expense" includes, but is not limited to, legal services provided through the legal
services revolving fund, fees for expert witnesses, travel expenses, fees for court reporters, cost of
transcript preparation, and reproduction of documents.
The term "medical costs" includes, but is not limited to, expenses for the medical examination or
reexamination of members or retirees, the costs of preparation of medical reports, and fees charged by
medical professionals for attendance at discovery proceedings or hearings.
[1999 c 148 § 4; 1989 c 194 § 2.]
Notes:
Effective date -- 1989 c 194 §§ 1, 2, and 3: See note following RCW 41.24.030.
41.24.040
Fees, when payable — Interest — Effect of nonpayment.
On or before the first day of March of each year, every municipality shall pay such amount as shall be
due from it to the principal fund, together with the amounts collected from the participants. A participant
shall not forfeit his or her right to participate in the relief provisions of this chapter by reason of the
municipal corporation failing to pay the amount due from it. A participant shall not forfeit his or her right
to participate in the retirement pension provisions of this chapter until after March 1st of the year in
which the municipality fails to make the required payments. Where a municipality has failed to pay or
remit the annual fees required within the time provided, such delinquent payment shall bear interest at
the rate of one percent per month from March 1st until paid or remitted. Where a participant has
forfeited his or her right to participate in the retirement provisions of this chapter that participant may
be reinstated so as to participate to the same extent as if all fees had been paid by the payment of all
back fees with interest at the rate of one percent per month provided he or she has at all times been
otherwise eligible.
[1999 c 148 § 5; 1995 c 11 § 5; 1989 c 91 § 10; 1945 c 261 § 4; Rem. Supp. 1945 § 9578-18. Prior: 1935 c 121 § 10; RRS §
9578-10.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.050
Emergency medical technicians or first aid vehicle operators —
Restriction on retirement system membership.
No person serving as an emergency medical technician or first aid vehicle operator under chapter
18.73 RCW shall be permitted to join the law enforcement officers' and firefighters' retirement system
solely on the basis of such service. In no case shall the membership of any fire department coming
under the provisions of this chapter be limited to less than fifteen firefighters.
[2002 c 11 § 1; 1989 c 91 § 11; 1975-'76 2nd ex.s. c 67 § 1; 1945 c 261 § 5; Rem. Supp. 1945 § 9578-19. Prior: 1935 c 121 §
9; RRS § 9578-9.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.060
Board of trustees — How constituted.
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A firefighter board of trustees is created and established to administer this chapter in every municipal
corporation maintaining a regularly organized fire department. A firefighter board of trustees shall
consist of the mayor, city clerk or comptroller, and one councilmember of such municipality, the chief of
the fire department, and one member of the fire department to be elected by the members of such fire
department for a term of one year and annually thereafter. Where a municipality is governed by a
board, the chair, one member of the board, and the secretary or clerk thereof shall serve as members
of the firefighter board of trustees in lieu of the mayor, clerk or comptroller, and councilmember.
[1999 c 148 § 6; 1981 c 213 § 7; 1945 c 261 § 6; 1943 c 137 § 2; Rem. Supp. 1945 § 9578-20. Prior: 1935 c 121 § 2; RRS §
9578-2.]
41.24.070
Officers of board — Record of proceedings — Forms.
The mayor or chair of the board or commission of any municipality with a fire department, or his or her
designee, shall be chair of the firefighter board of trustees, and the clerk or comptroller or secretary of
any such municipality, board, or commission, or his or her designee, shall be the secretary-treasurer of
the board of trustees.
The secretary shall keep a public record of all proceedings and of all receipts and disbursements
made by the board of trustees, shall make an annual report of its expenses and disbursements with a
full list of the beneficiaries of the principal fund in the municipality, and shall make all required reports
to the state board. The state board shall provide all necessary forms to firefighter boards of trustees.
[1999 c 148 § 7; 1969 c 118 § 1; 1945 c 261 § 7; Rem. Supp. 1945 § 9578-21. Prior: 1935 c 121 § 3; RRS § 9578-3.]
41.24.080
Duties of board and state board — Disbursements.
The board of trustees of each municipal corporation shall provide for enrollment of all members of its
fire department under the relief provisions of this chapter; provide for enrollment of all its reserve
officers under the relief provisions of this chapter if it has extended these relief provisions to its reserve
officers; receive all applications for the enrollment under the retirement pension provisions of this
chapter when the municipality has extended these retirement pension provisions to its firefighters or
reserve officers; provide for disbursements of relief; determine the eligibility of firefighters and reserve
officers for retirement pensions; and pass on all claims and direct payment thereof from the principal
fund to those entitled thereto. Vouchers shall be issued to the persons entitled thereto by the local
board. It shall send to the state board, after each meeting, a voucher for each person entitled to
payment from the principal fund, stating the amount of such payment and for what granted, which
voucher shall be certified and signed by the chair and secretary of the local board. The state board,
after review and approval, shall cause a warrant to be issued on the principal fund for the amount
specified and approved on each voucher. However, in retirement pension cases after the applicant's
eligibility for pension is verified, the state board shall authorize the regular issuance of monthly
warrants or electronic transfers of funds in payment of the retirement pension without further action of
the board of trustees of any such municipality.
[1999 c 148 § 8; 1989 c 91 § 12; 1969 c 118 § 2; 1955 c 263 § 9; 1945 c 261 § 8; Rem. Supp. 1945 § 9578-22. Prior: 1935 c
121 § 2; RRS § 9578-2.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.090
Meetings.
A board of trustees shall meet on the call of its chair on a regular monthly meeting day when there is
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business to come before it. The chair shall be required to call a meeting on any regular meeting day at
the request of any member of the fund or his or her beneficiary claiming any relief or retirement
pension.
[1999 c 148 § 9; 1945 c 261 § 9; Rem. Supp. 1945 § 9578-23.]
41.24.100
Compelling attendance of witnesses — Oaths — Rules and regulations.
The board of trustees herein, in addition to other powers herein granted, shall have power to compel
the attendance of witnesses to testify before it on all matters connected with the operation of this
chapter, and its chairman or any member of said board may administer oaths to such witnesses; to
make all necessary rules and regulations for its guidance in conformity with the provisions of this
chapter: PROVIDED, HOWEVER, That no compensation or emoluments shall be paid to any member
of said board of trustees for any duties performed under this chapter as such trustees.
[1945 c 261 § 10; Rem. Supp. 1945 § 9578-24. Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.110
Reimbursement of physicians and medical staff.
The local board shall make provisions for reimbursing regularly licensed practicing physicians and
other medical staff who examine participants making application for membership. Physicians and other
medical staff shall perform such services and operations and render all medical aid and care
necessary for the recovery and treatment of participants on account of injury, sickness, or disability
received while in the performance of duties and shall be paid for these services from the principal
fund, but not in excess of the schedule of fees for like services approved by the director of labor and
industries under Title 51 RCW. A physician or other medical staff, who is not approved by the local
board, shall not receive or be entitled to any compensation from the principal fund as the private or
attending physician or other private or attending medical staff of any participant. A person shall not
have any right of action against the local board for the negligence of any physician or other medical
staff who is reimbursed from the principal fund. Any physician or other medical staff who is reimbursed
from the principal fund for providing service or care for a participant shall report his or her findings in
writing to the local board and the state board.
[1999 c 148 § 10; 1989 c 91 § 13; 1953 c 253 § 6; 1949 c 145 § 1; 1945 c 261 § 11; Rem. Supp. 1949 § 9578-25. Prior: 1935 c
121 § 2; RRS § 9578-2.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.120
Hearing of application for benefits — Appeal to state board.
The local board shall initially hear and decide all applications for relief or retirement pensions under
this chapter, subject to review by, or appeal by the proper person to, the state board where decision
on such review or appeal shall be final and conclusive.
[1999 c 148 § 11; 1969 c 118 § 3; 1955 c 263 § 10; 1945 c 261 § 12; Rem. Supp. 1945 § 9578-27. Prior: 1935 c 121 § 2; RRS
§ 9578-2.]
41.24.130
Quorum — Vote on allowance of claims.
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A majority of the board of trustees shall constitute a quorum, and no business shall be transacted
when a majority is not present, and no claim shall be allowed where a majority of the board has not
voted favorably thereon.
[1945 c 261 § 13; Rem. Supp. 1945 § 9578-27. Prior: 1935 c 121 § 2; RRS § 9578-2.]
41.24.140
Guardian may be appointed.
A local board may appoint a guardian whenever and wherever the claim of a participant or his or her
beneficiary would, in the opinion of the local board, be best served by the appointment. The local
board shall have full power to make and direct the payments under this chapter to any person entitled
to the payments without the necessity of any guardianship or administration proceedings, when in its
judgment, it shall determine it to be for the best interests of the beneficiary.
[1999 c 148 § 12; 1989 c 91 § 14; 1945 c 261 § 14; Rem. Supp. 1945 § 9578-28. Prior: 1935 c 121 § 2; RRS § 9578-2.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.150
Disability payments.
(1)(a) Whenever a participant becomes physically or mentally disabled, injured, or sick, in
consequence or as the result of the performance of his or her duties, so as to be wholly prevented
from engaging in each and every duty of his or her regular occupation, business, or profession, he or
she shall be paid from the principal fund monthly, an amount (i) equal to his or her monthly wage as
certified by the local board or (ii) two thousand five hundred fifty dollars, whichever is less, for a period
not to exceed six months, or an amount equal to his or her daily wage as certified by the local board or
eighty-five dollars, whichever is less, per day for such period as is part of a month, after which period,
if the member is incapacitated to such an extent that he or she is thereby prevented from engaging in
any occupation or performing any work for compensation or profit or if the member sustained an injury
after October 1, 1978, which resulted in the loss or paralysis of both legs or arms, or one leg and one
arm, or total loss of eyesight, but such injury has not prevented the member from engaging in an
occupation or performing work for compensation or profit, he or she is entitled to draw from the fund
monthly, the sum of one thousand two hundred seventy-five dollars so long as the disability continues,
except as *provided. However, if the participant has a wife or husband and/or a child or children
unemancipated or under eighteen years of age, he or she is entitled to draw from the fund monthly the
additional sums of two hundred fifty-five dollars because of the fact of his wife or her husband, and
one hundred ten dollars because of the fact of each child unemancipated or under eighteen years of
age, all to a total maximum amount of two thousand five hundred fifty dollars.
(b) Beginning on July 1, 2001, and each July 1st thereafter, the compensation amounts specified in
(a)(ii) of this subsection shall be readjusted to reflect the percentage change in the consumer price
index, calculated as follows: The index for the calendar year preceding the year in which the July
calculation is made, to be known as "calendar year A," is divided by the index for the calendar year
preceding calendar year A, and the resulting ratio is multiplied by the compensation amount in effect
on June 30th immediately preceding the July 1st on which the respective calculation is made. For the
purposes of this subsection, "index" means the same as the definition in RCW 2.12.037(1).
(2) The state board may at any time reopen the grant of such disability pension if the pensioner is
gainfully employed, and may reduce it in the proportion that the annual income from such gainful
employment bears to the annual income received by the pensioner at the time of his or her disability.
(3) Where a participant sustains a permanent partial disability the state board may provide that the
injured participant receive a lump sum compensation therefor to the same extent as is provided for
permanent partial disability under the workers' compensation act under Title 51 RCW in lieu of such
monthly disability payments.
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[2001 c 134 § 1; 1999 c 148 § 13; 1996 c 57 § 1; 1989 c 91 § 2; 1987 c 185 § 10; 1986 c 163 § 1; 1981 c 21 § 1; 1975-'76 2nd
ex.s. c 76 § 1; 1969 c 118 § 4; 1965 c 86 § 1; 1957 c 159 § 1; 1953 c 253 § 1; 1945 c 261 § 15; Rem. Supp. 1945 § 9578-29.
Prior: 1935 c 121 § 4; RRS § 9578-4.]
Notes:
*Reviser's note: 1999 c 148 § 13 deleted "hereinafter."
Effective date -- 2001 c 134: "This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately [May 2, 2001]." [2001 c 134 § 3.]
Effective date -- 1996 c 57: "This act shall take effect July 1, 1996." [1996 c 57 § 3.]
Effective date -- 1989 c 91: See note following RCW 41.24.010.
Intent -- Severability -- 1987 c 185: See notes following RCW 51.12.130.
Effective date -- 1981 c 21: "This amendatory act shall take effect July 1, 1981."
[1981 c 21 § 6.]
Severability -- 1981 c 21: "If any provision of this act or its application to any person
or circumstance is held invalid, the remainder of the act or the application of the provision
to other persons or circumstances is not affected." [1981 c 21 § 5.]
41.24.155
Vocational rehabilitation — Purpose — Costs — Administration —
Discretion of state board.
(1) One of the primary purposes of this section is to enable injured participants to return to their
regular occupation, business, or profession, or to engage in any occupation or perform any work for
compensation or profit. To this end, the state board shall utilize the services of individuals and
organizations, public or private, whose experience, training, and interests in vocational rehabilitation
and retraining qualify them to lend expert assistance to the state board in such programs of vocational
rehabilitation as may be reasonable to make the participant return to his or her regular occupation,
business, or profession, or to engage in any occupation or perform any work for compensation or profit
consistent with his or her physical and mental status. After evaluation and recommendation by such
individuals or organizations and prior to final evaluation of the participant's permanent disability, if in
the sole opinion of the state board, whether or not medical treatment has been concluded, vocational
rehabilitation is both necessary and likely to enable the injured participant to return to his or her
regular occupation, business, or profession, or to engage in any occupation or perform any work for
compensation or profit, the state board may, in its sole discretion, pay the cost as provided in
subsection (3) or (4) of this section.
(2) When, in the sole discretion of the state board, vocational rehabilitation is both necessary and
likely to make the participant return to his or her regular occupation, business, or profession, or to
engage in any occupation or perform any work for compensation or profit, then the following order of
priorities shall be used:
(a) Return to the previous job with the same employer;
(b) Modification of the previous job with the same employer including transitional return to work;
(c) A new job with the same employer in keeping with any limitations or restrictions;
(d) Modification of a new job with the same employer including transitional return to work;
(e) Modification of the previous job with a new employer;
(f) A new job with a new employer or self-employment based upon transferable skills;
(g) Modification of a new job with a new employer;
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(h) A new job with a new employer or self-employment involving on-the-job training;
(i) Short-term retraining and job placement.
(3)(a) Except as provided in (b) of this subsection, costs for vocational rehabilitation benefits
allowed by the state board under subsection (1) of this section may include the cost of books, tuition,
fees, supplies, equipment, transportation, child or dependent care, and other necessary expenses in
an amount not to exceed four thousand dollars. This amount must be used within fifty-two weeks of the
determination that vocational rehabilitation is permitted under this section.
(b) The expenses allowed under (a) of this subsection may include training fees for on-the-job
training and the cost of furnishing tools and other equipment necessary for self-employment or
reemployment. However, compensation or payment of retraining with job placement expenses under
(a) of this subsection may not be authorized for a period of more than fifty-two weeks, except that such
period may, in the sole discretion of the state board, after its review, be extended for an additional
fifty-two weeks or portion thereof by written order of the state board. However, under no
circumstances shall the total amount of benefit paid under this section exceed four thousand dollars.
(4) In addition to the vocational rehabilitation expenditures provided for under subsection (3) of this
section, an additional five thousand dollars may, upon authorization of the state board, be expended
for: (a) Accommodations for an injured participant that are medically necessary for participation in an
approved retraining plan; and (b) accommodations necessary to perform the essential functions of an
occupation in which an injured participant is seeking employment, consistent with the retraining plan or
the recommendations of a vocational evaluation. The injured participant's attending physician or
licensed advanced registered nurse practitioner must verify the necessity of the modifications or
accommodations. The total expenditures authorized in this subsection shall not exceed five thousand
dollars.
(5) The state board shall follow the established criteria set forth by the department of labor and
industries to monitor the quality and effectiveness of rehabilitation services provided by the individuals
and organizations used under subsection (1) of this section. The state board shall make referrals for
vocational rehabilitation services based on these performance criteria.
(6) The state board may engage, where feasible and cost-effective, in a cooperative program with
the state employment security department to provide job placement services under this section.
(7) Except as otherwise provided in this section, the vocational benefits provided for in this section
are available to participants who have claims currently pending as of April 17, 2007, or whose injury
occurred on or after January 1, 2006.
[2007 c 57 § 1.]
Notes:
Effective date -- 2007 c 57: "This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately [April 17, 2007]." [2007 c 57 § 2.]
41.24.160
Death benefits.
(1)(a) Whenever a participant dies as the result of injuries received, or sickness contracted in
consequence or as the result of the performance of his or her duties, the board of trustees shall order
and direct the payment from the principal fund of (i) the sum of one hundred fifty-two thousand dollars
to his widow or her widower, or if there is no widow or widower, then to his or her dependent child or
children, or if there is no dependent child or children, then to his or her dependent parents or either of
them, or if there are no dependent parents or parent, then the death benefit shall be paid to the
member's estate, and (ii)(A) the sum of one thousand two hundred seventy-five dollars per month to
his widow or her widower during his or her life together with the additional monthly sum of one
hundred ten dollars for each child of the member, unemancipated or under eighteen years of age,
dependent upon the member for support at the time of his or her death, (B) to a maximum total of two
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thousand five hundred fifty dollars per month.
(b) Beginning on July 1, 2001, and each July 1st thereafter, the compensation amount specified in
(a)(ii)(B) of this subsection shall be readjusted to reflect the percentage change in the consumer price
index, calculated as follows: The index for the calendar year preceding the year in which the July
calculation is made, to be known as "calendar year A," is divided by the index for the calendar year
preceding calendar year A, and the resulting ratio is multiplied by the compensation amount in effect
on June 30th immediately preceding the July 1st on which the respective calculation is made. For the
purposes of this subsection, "index" means the same as the definition in RCW 2.12.037(1).
(2) If the widow or widower does not have legal custody of one or more dependent children of the
deceased participant or if, after the death of the participant, legal custody of such child or children
passes from the widow or widower to another person, any payment on account of such child or
children not in the legal custody of the widow or widower shall be made to the person or persons
having legal custody of such child or children. Such payments on account of such child or children
shall be subtracted from the amount to which such widow or widower would have been entitled had
such widow or widower had legal custody of all the children and the widow or widower shall receive
the remainder after such payments on account of such child or children have been subtracted. If there
is no widow or widower, or the widow or widower dies while there are children, unemancipated or
under eighteen years of age, then the amount of one thousand two hundred seventy-five dollars per
month shall be paid for the youngest or only child together with an additional one hundred ten dollars
per month for each additional of such children to a maximum of two thousand five hundred fifty dollars
per month until they become emancipated or reach the age of eighteen years; and if there are no
widow or widower, child, or children entitled thereto, then to his or her parents or either of them the
sum of one thousand two hundred seventy-five dollars per month for life, if it is proved to the
satisfaction of the board that the parents, or either of them, were dependent on the deceased for their
support at the time of his or her death. In any instance in subsections (1) and (2) of this section, if the
widow or widower, child or children, or the parents, or either of them, marries while receiving such
pension the person so marrying shall thereafter receive no further pension from the fund.
(3) In the case provided for in this section, the monthly payment provided may be converted in
whole or in part into a lump sum payment, not in any case to exceed twelve thousand dollars, equal or
proportionate, as the case may be, to the actuarial equivalent of the monthly payment in which event
the monthly payments shall cease in whole or in part accordingly or proportionately. Such conversion
may be made either upon written application to the state board and shall rest in the discretion of the
state board; or the state board is authorized to make, and authority is given it to make, on its own
motion, lump sum payments, equal or proportionate, as the case may be, to the value of the annuity
then remaining in full satisfaction of claims due to dependents. Within the rule under this subsection
the amount and value of the lump sum payment may be agreed upon between the applicant and the
state board.
[2001 c 134 § 2. Prior: 1999 c 148 § 14; 1999 c 117 § 5; 1998 c 151 § 1; 1996 c 57 § 2; 1989 c 91 § 3; 1986 c 163 § 2; 1981 c
21 § 2; 1975-'76 2nd ex.s. c 76 § 2; 1973 1st ex.s. c 154 § 74; 1965 c 86 § 2; 1961 c 57 § 1; 1957 c 159 § 2; 1953 c 253 § 2;
1951 c 103 § 2; 1945 c 261 § 16; Rem. Supp. 1945 § 9578-30; prior: 1935 c 121 § 6; RRS § 9578-6.]
Notes:
Effective date -- 2001 c 134: See note following RCW 41.24.150.
Effective date -- 1998 c 151: "This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately [March 25, 1998]." [1998 c 151 § 2.]
Effective date -- 1996 c 57: See note following RCW 41.24.150.
Effective date -- 1989 c 91: See note following RCW 41.24.010.
Effective date -- Severability -- 1981 c 21: See notes following RCW 41.24.150.
Severability -- 1973 1st ex.s. c 154: See note following RCW 2.12.030.
41.24.170
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Retirement pensions.
Except as provided in RCW 41.24.410, whenever any participant has been a member and served
honorably for a period of ten years or more as an active member in any capacity, of any regularly
organized fire department or law enforcement agency of any municipality in this state, and which
municipality has adopted appropriate legislation allowing its firefighters or reserve officers to enroll in
the retirement pension provisions of this chapter, and the participant has enrolled under the retirement
pension provisions and has reached the age of sixty-five years, the board of trustees shall order and
direct that he or she be retired and be paid a monthly pension from the principal fund as provided in
this section.
Whenever a participant has been a member, and served honorably for a period of twenty-five years
or more as an active member in any capacity, of any regularly organized volunteer fire department or
law enforcement agency of any municipality in this state, and he or she has reached the age of
sixty-five years, and the annual retirement fee has been paid for a period of twenty-five years, the
board of trustees shall order and direct that he or she be retired and such participant be paid a
monthly pension of three hundred dollars from the fund for the balance of that participant's life.
Whenever any participant has been a member, and served honorably for a period of twenty-five
years or more as an active member in any capacity, of any regularly organized volunteer fire
department or law enforcement agency of any municipality in this state, and the participant has
reached the age of sixty-five years, and the annual retirement fee has been paid for a period of less
than twenty-five years, the board of trustees shall order and direct that he or she be retired and that
such participant shall receive a minimum monthly pension of fifty dollars increased by the sum of ten
dollars each month for each year the annual fee has been paid, but not to exceed the maximum
monthly pension provided in this section, for the balance of the participant's life.
No pension provided in this section may become payable before the sixty-fifth birthday of the
participant, nor for any service less than twenty-five years: PROVIDED, HOWEVER, That:
(1) Any participant, who is older than fifty-nine years of age, less than sixty-five years of age, and
has completed twenty-five years or more of service may irrevocably elect a reduced monthly pension
in lieu of the pension that participant would be entitled to under this section at age sixty-five. The
participant who elects this option shall receive the reduced pension for the balance of his or her life.
The reduced monthly pension is calculated as a percentage of the pension the participant would be
entitled to at age sixty-five. The percentage used in the calculation is based upon the age of the
participant at the time of retirement as follows:
Age 60 Sixty percent
Age 61 Sixty-eight percent
Age 62 Seventy-six percent
Age 63 Eighty-four percent
Age 64 Ninety-two percent
(2) If a participant is age sixty-five or older but has less than twenty-five years of service, the
participant is entitled to a reduced benefit. The reduced benefit shall be computed as follows:
(a) Upon completion of ten years, but less than fifteen years of service, a monthly pension equal to
twenty percent of such pension as the participant would have been entitled to receive at age sixty-five
after twenty-five years of service;
(b) Upon completion of fifteen years, but less than twenty years of service, a monthly pension equal
to thirty-five percent of such pension as the participant would have been entitled to receive at age
sixty-five after twenty-five years of service; and
(c) Upon completion of twenty years, but less than twenty-five years of service, a monthly pension
equal to seventy-five percent of such pension as the participant would have been entitled to receive at
age sixty-five after twenty-five years of service.
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(3) If a participant with less than twenty-five years of service elects to retire after turning age sixty
but before turning age sixty-five, the participant's retirement allowance is subject:
(a) First to the reduction under subsection (2) of this section based upon the participant's years of
service; and
(b) Second to the reduction under subsection (1) of this section based upon the participant's age.
[2003 c 62 § 1. Prior: 1999 c 148 § 15; 1999 c 117 § 4; 1995 c 11 § 7; 1992 c 97 § 2; 1989 c 91 § 4; 1981 c 21 § 4; 1979 ex.s.
c 157 § 1; 1973 1st ex.s. c 170 § 2; 1969 c 118 § 5; 1961 c 57 § 2; 1953 c 253 § 3; 1951 c 103 § 1; 1945 c 261 § 17; Rem.
Supp. 1945 § 9578-31.]
Notes:
Effective date -- 2003 c 62: "This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect July 1, 2003." [2003 c 62 § 3.]
Effective date -- 1992 c 97: See note following RCW 41.24.030.
Effective date -- 1989 c 91: See note following RCW 41.24.010.
Effective date -- Severability -- 1981 c 21: See notes following RCW 41.24.150.
Effective date -- 1973 1st ex.s. c 170: See note following RCW 41.24.030.
41.24.172
Retirement pensions — Options — Election.
Before beginning to receive the retirement pension provided for in RCW 41.24.170, the participant
shall elect, in a writing filed with the state board, to have the retirement pension paid under either
option 1 or 2, with option 2 calculated so as to be actuarially equivalent to option 1.
(1) Option 1. A participant electing this option shall receive a monthly pension payable throughout
the participant's life. However, if the participant dies before the total retirement pension paid to the
participant equals the amount paid on behalf of the participant into the principal fund, then the balance
shall be paid to the participant's surviving spouse, or if there be no surviving spouse, then to the
participant's legal representatives.
(2) Option 2. A participant electing this option shall receive a reduced monthly pension, which upon
the participant's death shall be continued throughout the life of and paid to the participant's surviving
spouse named in the written election filed with the state board, however, in the event that the surviving
spouse dies before the participant, the participant's monthly retirement allowance shall increase,
effective the first day of the following month, to the monthly amount that would have been received had
the participant elected option 1.
[1999 c 148 § 16; 1999 c 117 § 6; 1995 c 11 § 9; 1989 c 91 § 6.]
Notes:
Reviser's note: This section was amended by 1999 c 117 § 6 and by 1999 c 148 §
16, each without reference to the other. Both amendments are incorporated in the
publication of this section under RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.175
Disability or retirement payments — Computation according to latest
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legislative expression.
Payments to persons who are now receiving, or who may hereafter receive any disability or retirement
payments under the provisions of chapter 41.24 RCW shall be computed in accordance with the last
act enacted by the legislature relative thereto: PROVIDED HOWEVER, That nothing herein contained
shall be construed as reducing the amount of any pension to which any firefighter shall have been
eligible to receive under the provisions of section 1, chapter 103, Laws of 1951.
[1989 c 91 § 15; 1959 c 9 § 1.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.176
Disability or retirement payments — Construction.
The provisions of *this act are intended to be remedial and procedural and any benefits heretofore
paid to recipients hereunder pursuant to any previous act are retroactively included and authorized as
part of *this act.
[1959 c 9 § 2.]
Notes:
*Reviser's note: "this act" appears in 1959 c 9, which is codified as RCW 41.24.175
and 41.24.176.
41.24.180
Lump sum payments.
The board of trustees of any municipal corporation shall direct payment from the principal fund in the
following cases:
(1) To any participant, upon his or her request, upon attaining the age of sixty-five years, who, for
any reason, is not qualified to receive the monthly retirement pension provided under this chapter and
who was enrolled in the retirement provisions and on whose behalf annual fees for retirement pension
were paid, a lump sum amount equal to the amount paid into the fund by the participant.
(2) If any participant who has not completed at least ten years of service dies without having
requested a lump sum payment under subsection (1) or (3) of this section, there shall be paid to the
participant's surviving spouse, or if there be no surviving spouse, then to such participant's legal
representatives, a lump sum amount equal to the amount paid into the fund by the participant. If any
participant who has completed at least ten years of service dies other than as the result of injuries
received or sickness contracted in consequence or as the result of the performance of his or her
duties, without having requested a lump sum payment under subsection (1) or (3) of this section and
before beginning to receive the monthly pension provided for in this chapter, the participant's surviving
spouse shall elect to receive either:
(a) A monthly pension computed as provided for in RCW 41.24.170 actuarially adjusted to reflect
option 2 of RCW 41.24.172 and further actuarially reduced to reflect the difference in the number of
years between the participant's age at death and age sixty-five; or
(b) A lump sum amount equal to the amount paid into the principal fund by the participant and the
municipality or municipalities in whose department he or she has served.
If there be no such surviving spouse, then there shall be paid to the participant's legal
representatives a lump sum amount equal to the amount paid into the fund by the participant.
(3) If any participant retires from service before attaining the age of sixty-five years, the participant
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may make application for the return in a lump sum of the amount paid into the fund by himself or
herself.
[1999 c 148 § 17; 1989 c 91 § 5; 1975-'76 2nd ex.s. c 76 § 3; 1974 ex.s. c 26 § 1. Prior: 1973 1st ex.s. c 170 § 3; 1973 1st
ex.s. c 154 § 75; 1961 c 57 § 3; 1945 c 261 § 18; Rem. Supp. 1945 § 9578-22.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
Effective date -- 1973 1st ex.s. c 170: See note following RCW 41.24.030.
Severability -- 1973 1st ex.s. c 154: See note following RCW 2.12.030.
Conversion of death benefits to lump sum: RCW 41.24.160.
41.24.185
Lump sum payments — Monthly pension under fifty dollars.
Any monthly pension, payable under this chapter, which will not amount to fifty dollars may be
converted into a lump sum payment equal to the actuarial equivalent of the monthly pension. The
conversion may be made either upon written application to the state board and shall rest at the
discretion of the state board; or the state board may make, on its own motion, lump sum payments,
equal or proportionate, as the case may be, to the value of the annuity then remaining in full
satisfaction of claims due. Any person receiving a monthly payment of less than twenty-five dollars at
the time of September 1, 1979, may elect, within two years, to convert such payments into a lump sum
payment as provided in this section.
[2003 c 62 § 2; 1989 c 91 § 7.]
Notes:
Effective date -- 2003 c 62: See note following RCW 41.24.170.
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.190
Proof of service.
The filing of reports of enrollment shall be prima facie evidence of the service of the participants
therein listed for the year of such report as to service rendered subsequent to July 6, 1945. Proof of
service of firefighters [participants] prior to that date shall be by documentary evidence, or such other
evidence reduced to writing and sworn to under oath, as shall be submitted to the state board and
certified by it as sufficient.
[1995 c 11 § 11; 1989 c 91 § 16; 1969 c 118 § 6; 1953 c 253 § 4; 1945 c 261 § 19; Rem. Supp. 1945 § 9578-33.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.200
Service need not be continuous nor in a single department or agency.
The aggregate term of service of any participant need not be continuous nor need it be confined to a
single fire department or law enforcement agency nor a single municipality in this state to entitle such
participant to a retirement pension if the participant has been duly enrolled in a fire department or law
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enforcement agency of a municipality which has elected to extend the retirement pension provisions of
this chapter to its firefighters or reserve officers at the time he or she becomes eligible for the
retirement pension and has paid all fees prescribed. To be eligible to the full pension a participant
must have an aggregate of twenty-five years service, have made twenty-five annual payments into the
fund, and be sixty-five years of age at the time the participant commences drawing the pension
provided for by this chapter, all of which twenty-five years service must have been in the fire
department or law enforcement agency of a municipality or municipalities which have elected to extend
the retirement pension provisions of this chapter to its firefighters or reserve officers. Nothing in this
chapter shall require any participant having twenty-five years active service to continue as a firefighter
or reserve officer and no participant who has completed twenty-five years of active service for which
annual retirement pension fees have been paid and who continues as a firefighter or reserve officer
shall be required to pay any additional annual pension fees.
[1999 c 148 § 18; 1995 c 11 § 12; 1989 c 91 § 17; 1973 1st ex.s. c 170 § 4; 1961 c 57 § 4; 1953 c 253 § 5; 1945 c 261 § 20;
Rem. Supp. 1945 § 9578-34.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
Effective date -- 1973 1st ex.s. c 170: See note following RCW 41.24.030.
41.24.210
Report of accident — Time limitation for filing report and claim.
A participant shall not receive relief for disability, sickness, or injuries received in the performance of
his or her duties, unless there is filed with the board of trustees a report of accident, which report shall
be subscribed to by the claimant, the head of the department, and the authorized attending physician,
if there is one. A claim for benefits arising from disability, sickness, or injuries incurred in consequence
or as a result of the performance of duties shall not be allowed by the state board unless there has
been filed with it a report of accident within ninety days after its occurrence and a claim based thereon
within one year after the occurrence of the accident on which such claim is based. The state board
may require such other or further evidence as it deems advisable before ordering any relief.
[1999 c 148 § 19; 1989 c 91 § 18; 1969 c 118 § 7; 1957 c 159 § 3; 1945 c 261 § 21; Rem. Supp. 1945 § 9578-35.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.215
Injured volunteer — Recovery from third party.
(1) If an injured volunteer seeks damages from a third party, the state board may also seek recovery of
actual costs from the responsible third party. A volunteer seeking damages from a third party is
required to notify the state board about the legal proceeding.
(2) The state board is responsible for its proportionate share of the costs and attorneys' fees of the
legal proceedings.
(3) Any recovery is subject to a lien by the state board for its share under this section.
(4) This section does not restrict or prohibit the state board's right to seek recovery from a third
party when a volunteer firefighter is injured.
[2005 c 37 § 3.]
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41.24.220
Hospitalization, surgery, etc.
Whenever any participant becomes injured, disabled, or sick in consequence or as the result of the
performance of his or her duties by reason of which he or she is confined to any hospital or other
medical facility, an amount not exceeding the daily ward rate of the hospital or regular fees for such
service shall be allowed and paid from the principal fund. This allowance shall not be in lieu of but in
addition to any other allowance provided in this chapter. In addition, the costs of surgery, medicine,
laboratory fees, X-ray, special therapies, and similar additional costs shall be paid. When extended
treatment, not available in the injured, disabled, or sick participant's home area, is required, the
participant may be reimbursed for actual mileage to and from the place of extended treatment pursuant
to RCW 43.03.060.
[1999 c 148 § 20; 1989 c 91 § 19; 1975-'76 2nd ex.s. c 76 § 4; 1965 c 86 § 3; 1961 c 57 § 5; 1957 c 159 § 4; 1953 c 253 § 7;
1951 c 103 § 3; 1949 c 145 § 2; 1945 c 261 § 22; Rem. Supp. 1949 § 9578-36. Prior: 1935 c 121 § 5; RRS § 9578-5.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.230
Funeral and burial expenses.
Upon the death of any participant resulting from injuries or sickness in consequence or as the result of
the performance of his or her duties, the board of trustees shall authorize the issuance of a voucher for
the sum of two thousand dollars, and upon the death of any participant who is receiving any disability
payments provided for in this chapter, the board of trustees shall authorize the issuance of a voucher
for the sum of five hundred dollars, to help defray the funeral expenses and burial of the participant,
which voucher shall be paid in the manner provided for payment of other charges against the principal
fund.
[1999 c 148 § 21; 1989 c 91 § 20; 1986 c 163 § 3; 1981 c 21 § 3; 1975-'76 2nd ex.s. c 76 § 5; 1961 c 57 § 6; 1957 c 159 § 5;
1951 c 103 § 4; 1945 c 261 § 23; Rem. Supp. 1945 § 9578-37. Prior: 1935 c 121 § 7; RRS § 9578-7.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
Effective date -- Severability -- 1981 c 21: See notes following RCW 41.24.150.
41.24.240
Benefits not transferable or subject to legal process — Exceptions —
Chapter not exclusive.
The right of any person to any future payment under the provisions of this chapter shall not be
transferable or assignable at law or in equity, and none of the moneys paid or payable or the rights
existing under this chapter, shall be subject to execution, levy, attachment, garnishment, or other legal
process, or to the operation of any bankruptcy or insolvency law. This section shall not be applicable
to any child support collection action taken under chapter 26.18, 26.23, or 74.20A RCW. Benefits
under this chapter shall be payable to a spouse or ex-spouse to the extent expressly provided for in
any court decree of dissolution or legal separation or in any court order or court-approved property
settlement agreement incident to any court decree of dissolution or legal separation.
Nothing in this chapter shall be construed to deprive any participant, eligible to receive a pension
hereunder, from receiving a pension under any other act to which that participant may become eligible
by reason of services other than or in addition to his or her services under this chapter.
[1995 c 11 § 13. Prior: 1989 c 360 § 26; 1989 c 91 § 21; 1979 ex.s. c 205 § 3; 1957 c 159 § 6; 1945 c 261 § 24; Rem. Supp.
1945 § 9578-38.]
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Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.245
Payments to spouse or ex spouse pursuant to court order.
(1) If the state board or the secretary makes payments to a spouse or ex spouse to the extent
expressly provided for in any court decree of dissolution or legal separation or in any court order or
court-approved property settlement agreement incident to a court decree of dissolution or legal
separation, it shall be a sufficient answer to any claim of a beneficiary against the state board, the
secretary, or the principal fund for the state board or secretary to show that the payments were made
pursuant to a court decree.
(2) All payments made to a nonmember spouse or ex spouse pursuant to RCW 41.24.240 shall
cease upon the death of such a nonmember spouse or ex spouse. Upon such a death, the state board
and the secretary shall pay to the member his or her full monthly entitlement of benefits.
(3) The provisions of RCW 41.24.240 and this section shall apply to all court decrees of dissolution
or legal separation and court-approved property settlement agreements, regardless of when entered,
but shall apply only to those persons who have actually retired or who have requested withdrawal of
any or all of their contributions to the principal fund: PROVIDED, That the state board or secretary
shall not be responsible for making court-ordered divisions of withdrawals unless the order is filed with
the state board at least thirty days before the withdrawal payment date.
[1999 c 148 § 22; 1987 c 326 § 19.]
Notes:
Effective date -- 1987 c 326: See RCW 41.50.901.
Mandatory assignment of retirement benefits to spouse or ex spouse: RCW 41.50.500
through 41.50.660.
41.24.250
State board for volunteer firefighters and reserve officers — Composition
— Terms — Vacancies — Oath.
The state board for volunteer firefighters and reserve officers is created to consist of five members
who are participants under this chapter, at least three of whom are not receiving relief or retirement
pension payments under this chapter, no two of whom shall be from the same congressional district.
The members are appointed by the governor to serve overlapping terms of six years. Of members first
appointed, one shall be appointed for a term of six years, one for five years, one for four years, one for
three years, and one for two years. The governor may consider participants who are recommended for
appointment by the appropriate state associations. Upon the expiration of a term, a successor shall be
appointed by the governor for a term of six years. Any vacancy shall be filled by the governor for the
unexpired term. Each member of the state board, before entering on the performance of his or her
duties, shall take an oath that he or she will not knowingly violate or willingly permit the violation of any
provision of law applicable to this chapter, which oath shall be filed with the secretary of state.
The state board is not unlawfully constituted and a member of the board is not ineligible to serve
the remainder of the member's unexpired term on the board solely by reason of the establishment of
new or revised boundaries for congressional districts.
[2007 c 56 § 1; 1999 c 148 § 23; 1989 c 91 § 22; 1982 1st ex.s. c 30 § 11; 1955 c 263 § 2.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
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41.24.260
State board for volunteer firefighters and reserve officers — Meetings —
Quorum.
The state board shall hold regular semiannual meetings in April and October of each year, and special
meetings not more than once monthly at such times and places as may be called by the chairman or
by two of its members. No action shall be taken by the state board without the approval of two
members.
[1955 c 263 § 3.]
41.24.270
State board for volunteer firefighters and reserve officers — Compensation
— Travel expenses.
Each member of the state board shall be compensated in accordance with RCW 43.03.240. Each
member shall also receive travel expenses, including going to and from meetings of the state board or
other authorized business of the state board, in accordance with RCW 43.03.050 and 43.03.060.
[1984 c 287 § 70; 1975-'76 2nd ex.s. c 34 § 87; 1969 c 118 § 8; 1955 c 263 § 4.]
Notes:
Legislative findings -- Severability -- Effective date -- 1984 c 287: See notes
following RCW 43.03.220.
Effective date -- Severability -- 1975-'76 2nd ex.s. c 34: See notes following RCW
2.08.115.
41.24.280
State board for volunteer firefighters and reserve officers — Attorney
general is legal advisor.
The attorney general shall be the legal advisor for the state board.
[1999 c 148 § 24; 1955 c 263 § 5.]
41.24.290
State board for volunteer firefighters and reserve officers — Powers and
duties.
The state board shall:
(1) Generally supervise and control the administration of this chapter;
(2) Promulgate, amend, or repeal rules and regulations not inconsistent with this chapter for the
purpose of effecting a uniform and efficient manner of carrying out the provisions of this chapter and
the purposes to be accomplished thereby, and for the government of boards of trustees of the
municipalities of this state in the discharge of their functions under this chapter;
(3) Review any action, and hear and determine any appeal which may be taken from the decision
of the board of trustees of any municipality made pursuant to this chapter;
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(4) Take such action as may be necessary to secure compliance of the municipalities governed by
this chapter and to provide for the collection of all fees and penalties which are, or may be, due and
delinquent from any such municipality;
(5) Review the action of the board of trustees of any municipality authorizing any pension as
provided by this chapter; and authorize the regular issuance of monthly warrants in payment thereof
without further action of the board of trustees of such municipality;
(6) Require periodic reports from the recipient of any benefits under this chapter for the purpose of
determining their continued eligibility therefor;
(7) Maintain such records as may be necessary and proper for the proper maintenance and
operation of the principal fund, including records of the names of every person enrolled under this
chapter, and provide all necessary forms to enable local boards of trustees to effectively carry out their
duties as provided by this chapter;
(8) Compel the taking of testimony from witnesses under oath before the state board, or any
member or the secretary thereof, or before the local board of trustees or any member thereof, for the
purpose of obtaining evidence, at any time, in connection with any claim or pension pending or
authorized for payment. For such purpose the state board shall have the same power of subpoena as
prescribed in RCW 51.52.100. Failure of any claimant to appear and give any testimony as herein
provided shall suspend any rights or eligibility to receive payments for the period of such failure to
appear and testify;
(9) Appoint a secretary to hold office at the pleasure of the state board, fix the secretary's
compensation at such sum as it shall deem appropriate, and prescribe the secretary's duties not
otherwise provided by this chapter.
[1999 c 148 § 25; 1989 c 91 § 23; 1955 c 263 § 6.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.300
State board for volunteer firefighters and reserve officers — Vouchers,
warrants.
All expenses incurred by the state board shall be accomplished by vouchers signed by the secretary
and one member of the state board and issued to the persons entitled thereto and sent to the proper
state agency. The proper state agency shall issue a warrant on the principal fund or administrative
fund for the amount specified.
[1999 c 148 § 26; 1979 ex.s. c 157 § 2; 1969 c 118 § 9; 1955 c 263 § 7.]
41.24.310
State board for volunteer firefighters and reserve officers — Secretary,
duties, compensation.
The secretary shall maintain an office at Olympia at a place to be provided, wherein the secretary
shall:
(1) Keep a record of all proceedings of the state board, which shall be public;
(2) Maintain a record of all members of the pension fund, including such pertinent information
relative thereto as may be required by law or rule of the state board;
(3) Receive and promptly remit to the state treasurer all moneys received for the principal fund;
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(4) Transmit periodically to the proper state agency for payment all claims payable from the
principal fund, stating the amount and purpose of such payment;
(5) Certify monthly for payment a list of all persons approved for retirement pensions and the
amount to which each is entitled; and
(6) Perform such other and further duties as shall be prescribed by the state board.
The secretary shall receive such compensation as shall be fixed by the state board, together with
travel expenses in carrying out his or her duties authorized by the state board in accordance with
RCW 43.03.050 and 43.03.060.
[1999 c 148 § 27; 1989 c 91 § 24; 1975-'76 2nd ex.s. c 34 § 88; 1969 c 118 § 10; 1955 c 263 § 8.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
Effective date -- Severability -- 1975-'76 2nd ex.s. c 34: See notes following RCW
2.08.115.
41.24.320
State board for volunteer firefighters and reserve officers — State actuary
to provide actuarial services.
The state actuary shall provide actuarial services for the state board.
[1999 c 148 § 28; 1989 c 91 § 25.]
Notes:
Effective date -- 1989 c 91: See note following RCW 41.24.010.
41.24.330
Emergency medical service districts — Board of trustees — Creation.
An emergency medical service district board of trustees is created to administer this chapter in every
county maintaining a regularly organized emergency medical service district. The emergency medical
service district board shall consist of two of the members of the county legislative authority or their
designees, the county auditor or the auditor's designee, the head of the emergency medical service
district, and one emergency worker from the emergency medical service district to be elected by the
emergency workers of the emergency medical service district for a term of one year and annually
thereafter.
The emergency medical service district shall make provisions for the collection and payment of the
fees provided under this chapter and shall continue to make such provisions for all emergency workers
who come under this chapter as long as they shall continue to be members of the fire department.
[1999 c 148 § 29; 1993 c 331 § 2.]
41.24.340
Emergency medical service districts — Board of trustees — Officers —
Annual report.
The chair of the county legislative authority, or the chair's designee, shall be chair of the emergency
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medical service district board of trustees, and the county auditor, or the auditor's designee, shall be
the secretary-treasurer of the emergency medical service district board of trustees.
The secretary shall keep a public record of all proceedings and of all receipts and disbursements
made by the emergency medical service district board of trustees, shall make an annual report of its
expenses and disbursements with a full list of the beneficiaries of the principal fund in the county, and
shall make all required reports to the state board. The state board shall provide all necessary forms to
emergency worker boards of trustees.
[1999 c 148 § 30; 1993 c 331 § 3.]
41.24.400
Reserve officers — Enrollment — Limitations.
(1) Except as provided in subsection (2) of this section, any municipality may make provision by
appropriate legislation and payment of fees required by RCW 41.24.030(1) solely for the purpose of
enabling any reserve officer to enroll under the retirement pension provisions of this chapter or fees
required under RCW 41.24.030(1) to pay for the costs of extending the relief provisions of this chapter
to its reserve officers.
(2) A reserve officer is not eligible to receive a benefit under the retirement provisions of this
chapter for service under chapter 41.26, 41.32, 41.35, 41.37, or 41.40 RCW.
(3) Every municipality shall make provisions for the collection and payment of the fees required
under this chapter, and shall continue to make provisions for all reserve officers who come under this
chapter as long as they continue to be employed as reserve officers.
(4) Except as provided under RCW 41.24.450, a reserve officer is not eligible to receive a benefit
under the relief provisions of this chapter.
[2007 c 492 § 7; 1999 c 148 § 31; 1998 c 307 § 4; 1995 c 11 § 2.]
41.24.410
Reserve officers — Credit for service.
Credit for service as a reserve officer shall not be counted for purposes of RCW 41.24.170 except as
stated in this section: Within one year of an election to cover reserve officers under the retirement
provisions of this chapter, the municipality must elect, on a one-time basis, one of the following:
(1)(a) To count credit for service only after July 23, 1995;
(b) To pay annual fees only for service after July 23, 1995; or
(2)(a) To count credit for all service as a reserve officer, but only if the actuarial cost, as determined
by the state board, is paid by the municipality. The municipality may charge reserve officers for any
portion of the cost; and
(b) To pay annual fees only for service after July 23, 1995; or
(3)(a) To count credit for all service as a reserve officer, but only if the actuarial cost, as determined
by the state board, is paid by the municipality. The municipality may charge reserve officers for any
portion of the cost; and
(b) To pay annual fees for service prior to July 23, 1995, if:
(i) The reserve officer elects, within one year of the municipality's election under this section, to pay
the annual fee plus one percent per month interest for each year of past service counted; and
(ii) The municipality pays the actuarial cost, as determined by the state board, of the benefit
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provided in (b) of this subsection. The municipality may charge reserve officers for any portion of the
cost.
Payments under this section may be made in a lump sum or in a manner prescribed by the state
board.
[1995 c 11 § 4.]
41.24.430
Reserve officers — Eligibility for benefit.
A reserve officer shall not receive a retirement benefit under this chapter unless he or she completes
at least three years of service after July 23, 1995.
[1995 c 11 § 8.]
41.24.450
Reserve officers — Municipality adoption of relief benefits.
A municipality employing reserve officers may adopt appropriate legislation extending the relief
provisions of this chapter to its reserve officers. The relief provisions of this chapter may not be
extended to reserve officers if the municipality has extended industrial insurance coverage to its
reserve officers under RCW 51.12.140 or 51.12.035(2), or any other provision of law. A municipality
that adopts appropriate legislation extending the relief provisions of this chapter to its reserve officers
shall enjoy the same extent of immunity from civil actions for personal injuries to its reserve officers
that arises if the reserve officers were covered under Title 51 RCW.
[1999 c 148 § 32; 1998 c 307 § 1.]
41.24.460
Reserve officers — Board of trustees.
A municipality that adopts appropriate legislation extending the relief provisions of this chapter to its
reserve officers shall create a reserve officer board of trustees to administer this chapter composed as
follows:
(1) A county reserve officer board of trustees shall consist of the following five members: (a) Two
members of the county legislative authority and the county auditor, or their designees; (b) the sheriff;
and (c) one reserve officer who is elected by reserve officers of the county for an annual one-year
term.
(2) Any other reserve officer board of trustees shall consist of the following five members: (a) The
mayor, if one exists for the municipality, and one member of the municipality's legislative authority, or
two members of the municipality's legislative authority if a mayor does not exist for the municipality, or
their designees; (b) the clerk, comptroller, or chief fiscal officer of the municipality; (c) the head of the
law enforcement agency; and (d) one reserve officer who is elected by reserve officers of the
municipality for an annual term of one year.
(3) The secretary of the board of trustees shall keep a public record of all proceedings and of all
receipts and disbursements made by the board of trustees, shall make an annual report of its
expenses and disbursements with a full list of the beneficiaries of the principal fund in the municipality,
and shall make all required reports to the state board. The state board shall provide the boards of
trustees with all necessary forms.
[1999 c 148 § 33; 1998 c 307 § 2.]
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41.24.900
Construction — Chapter applicable to state registered domestic
partnerships — 2009 c 521. (Effective January 1, 2014.)
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower,
next of kin, and family shall be interpreted as applying equally to state registered domestic
partnerships or individuals in state registered domestic partnerships as well as to marital relationships
and married persons, and references to dissolution of marriage shall apply equally to state registered
domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such
interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of
2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be
construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[2009 c 521 § 92.]
Notes:
Effective dates -- 2009 c 521 §§ 5-8, 79, 87-103, 107, 151, 165, 166, 173-175, and
190-192: See note following RCW 2.10.900.
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City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT J
COUNCIL MEETING DATE:
September 13, 2010
SUBJECT:
Update of AMC - Adding Chapter 2.xxx,
Creating a LEOFF 1 Disability Board
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- AMC Chapter 2.xxx, LEOFF 1 Disability Board
- RCW 41.26.110
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney is reviewing the proposed
chapter
DESCRIPTION:
Staff is proposing additional updates to AMC Title 2. State law requires the establishment of a
LEOFF 1 Disability Board to execute the powers and perform the duties established by Chapter
41.26, Revised Code of Washington when the City reaches 20,000 in population. The City is
proposing to create this board prior to our reaching the population threshold to increase our
control over costs.
The representation on this board is set by statute, as are the powers and duties of the board.
These duties include, but are not limited to, authorizing disability leave, determining whether
said disability is incurred in the line of duty or not, determining length of disability leave,
determining termination of disability leave, determining retirement for disability, and
authorizing payment of member health benefit claims by the City of Arlington.
The City currently uses the County LEOFF 1 Disability Board to complete the above duties.
HISTORY:
The City has been updating the Arlington Municipal Code over the course of the past year. The
project should be complete and the AMC completely updated in a searchable format by the end
of 2010.
ALTERNATIVES:
Remand to staff for further revision. Council is requested to provide specific guidance should
further revision be requested.
RECOMMENDED ACTION:
No action at this time.
2.xxx LEOFF-1 Disability Board
2.xxx.010 Establishment of LEOFF-1 Disability Board.
2.xxx.020 Authority – Powers – Duties.
2.xxx.030 Board membership, term, elections.
2.xxx.040 Rules of Procedure.
2.xxx.010 Establishment of LEOFF-1 Disability Board.
There is hereby established a City of Arlington LEOFF-1 Disability Board.
2.xxx.020 Authority – Powers – Duties
A. This Board is created under the authority of Chapter 41.26 RCW and Chapters 415-104
and 415-105 WAC. The board shall perform all functions, exercise all powers and make all
determinations as defined under Chapter 41.26 RCW and Chapters 415-104 and 415-105 WAC.
These shall include but are not limited to: authorizing disability leave, determining whether said
disability is incurred in the line of duty or not, determining length of disability leave,
determining termination of disability leave, determining retirement for disability, and
authorizing payment of member health benefit claims by the City of Arlington.
B. All City of Arlington police officers and firefighters who first became members of the
Law Enforcement Officers’ and Fire Fighters’ (LEOFF) retirement system prior to October 1,
1977 shall be subject to the city of Arlington LEOFF-1 Disability Board findings, subject to appeal
procedures defined in Chapter 41.26 RCW and Chapters 415-104 and 415-105.
2.xxx.030 Board membership, term, elections
A. The City of Arlington LEOFF-1 Disability Board shall consist of the following five (5)
members: two members of the City Council to be appointed by the Mayor; one active or retired
firefighter employed by or retired from the city to be elected by the firefighters employed by or
retired from the city who are subject to the jurisdiction of the board; one active or retired law
enforcement officer employed by or retired from the city to be elected by the law enforcement
officers employed by or retired from the city who are subject to the jurisdiction of the board;
and one member from the public at large residing within the Arlington city limits to be
appointed by the other four members designated in this subsection.
B. Except as provided in subsection (C) below, each member, elected and appointed, shall
serve a two-year term with service beginning on the 1st day of April and ending on March 31st
C. The terms of city council members shall be for two years from January 1
of
the second years of the individual’s term In the event of a vacancy, a successor shall be
appointed or elected in the same manner as with an original appointment or election to serve
the remainder of the unexpired term.
st of the year of
appointment to December 31st
D. Nominations and election of police and fire representatives commence every two years
and are conducted by the board clerk/secretary.
of the second year.
E. The members of the board shall not receive compensation for their service upon the boards
but the members shall be reimbursed by the city for all expenses incidental to such service as to
the amount authorized by law.
2.xxx.040 Rules of Procedure.
A. The board shall have the powers granted by the state legislature or necessarily implied
from such grant of powers in Chapter 41.26 RCW and Chapters 415-104 and 415-105 WAC. The
City Council empowers the disability board to develop, approve and enforce such rules, policies
and procedures as necessary to transact its business.
B. The disability board shall elect from its membership a chairperson who shall serve a one
(1) year term. The chairperson shall be entitled to succeed himself in office unless the
chairperson is not reappointed or reelected to a new term.
C. The disability board shall adopt operating rules and procedures and shall meet at such
time and place as such rules and regulations shall provide.
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RCWs > Title 41 > Chapter 41.26 > Section 41.26.110
41.26.100 << 41.26.110 >> 41.26.115
RCW 41.26.110
City and county disability boards authorized —
Composition — Terms — Reimbursement for travel
expenses — Duties.
(1) All claims for disability shall be acted upon and either approved or disapproved by either type of
disability board authorized to be created in this section.
(a) Each city having a population of twenty thousand or more shall establish a disability board
having jurisdiction over all members employed by those cities and composed of the following five
members: Two members of the city legislative body to be appointed by the mayor; one active or retired
firefighter employed by or retired from the city to be elected by the firefighters employed by or retired
from the city who are subject to the jurisdiction of the board; one active or retired law enforcement
officer employed by or retired from the city to be elected by the law enforcement officers employed by
or retired from the city who are subject to the jurisdiction of the board; and one member from the public
at large who resides within the city to be appointed by the other four members designated in this
subsection. Only those active or retired firefighters and law enforcement officers who are subject to
the jurisdiction of the board have the right to elect under this section. All firefighters and law
enforcement officers employed by or retired from the city are eligible for election. Each of the elected
members shall serve a two year term. The members appointed pursuant to this subsection shall serve
for two year terms: PROVIDED, That cities of the first class only, shall retain existing *firemen's
pension boards established pursuant to RCW 41.16.020 and existing boards of trustees of the relief
and pension fund of the police department as established pursuant to RCW 41.20.010 which such
boards shall have authority to act upon and approve or disapprove claims for disability by firefighters
or law enforcement officers as provided under the Washington law enforcement officers' and
firefighters' retirement system act.
(b) Each county shall establish a disability board having jurisdiction over all members employed by
or retired from an employer within the county and not employed by a city in which a disability board is
established. The county disability board so created shall be composed of five members to be chosen
as follows: One member of the legislative body of the county to be appointed by the county legislative
body; one member of a city or town legislative body located within the county which does not contain a
city disability board established pursuant to subsection (1)(a) of this section to be chosen by a majority
of the mayors of such cities and towns within the county which does not contain a city disability board;
one active firefighter or retired firefighter employed by or retired from an employer within the county to
be elected by the firefighters employed or retired from an employer within the county who are not
employed by or retired from a city in which a disability board is established and who are subject to the
jurisdiction of that board; one law enforcement officer or retired law enforcement officer employed by
or retired from an employer within the county to be elected by the law enforcement officers employed
in or retired from an employer within the county who are not employed by or retired from a city in which
a disability board is established and who are subject to the jurisdiction of that board; and one member
from the public at large who resides within the county but does not reside within a city in which a city
disability board is established, to be appointed by the other four members designated in this
subsection. However, in counties with a population less than sixty thousand, the member of the
disability board appointed by a majority of the mayors of the cities and towns within the county that do
not contain a city disability board must be a resident of one of the cities and towns but need not be a
member of a city or town legislative body. Only those active or retired firefighters and law enforcement
officers who are subject to the jurisdiction of the board have the right to elect under this section. All
firefighters and law enforcement officers employed by or retired from an employer within the county
who are not employed by or retired from a city in which a disability board is established are eligible for
election. All members appointed or elected pursuant to this subsection shall serve for two year terms. I
there are no firefighters under the jurisdiction of the board eligible to vote, a second eligible employee
Legislature Home | Senate | House of Representatives | Contact Us | Search | Help
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representative shall be elected by the law enforcement officers eligible to vote. If there are no law
enforcement officers under the jurisdiction of the board eligible to vote, a second eligible
representative shall be elected by the firefighters eligible to vote.
(2) The members of both the county and city disability boards shall not receive compensation for
their service upon the boards but the members shall be reimbursed by their respective county or city
for all expenses incidental to such service as to the amount authorized by law.
(3) The disability boards authorized for establishment by this section shall perform all functions,
exercise all powers, and make all such determinations as specified in this chapter.
[2005 c 66 § 1; 2003 c 30 § 3; 2000 c 234 § 1; 1988 c 164 § 1; 1982 c 12 § 1; 1974 ex.s. c 120 § 9; 1970 ex.s. c 6 § 6; 1969
ex.s. c 219 § 3; 1969 ex.s. c 209 § 11.]
Notes:
*Reviser's note: The "firemen's pension board" was changed to the "firefighters'
pension board" by chapter 218, Laws of 2007.
Effective date -- 2005 c 66: "This act is necessary for the immediate preservation of
the public peace, health, or safety, or support of the state government and its existing
public institutions, and takes effect immediately [April 15, 2005]." [2005 c 66 § 2.]
Severability -- 1974 ex.s. c 120: See note following RCW 41.26.030.
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City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT K
COUNCIL MEETING DATE:
September 13, 2009
SUBJECT: Easement Requests from PUD
DEPARTMENT OF ORIGIN:
Airport
ATTACHMENTS: Agreement to Purchase
Site Map showing the Locations
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: None
LEGAL REVIEW: Yes
DESCRIPTION: The PUD has some upgrade projects planned for 172nd and 51st. The
improvements along 51st will be 15’ adjacent to the existing easement, and include installation
of two vaults. The PUD will pay the Airport $3,320 for the easement.
HISTORY: These improvements are part of the PUD improvements that have already occurred
on 188th, 59th Ave and along 172nd.
ALTERNATIVES: Approve with modification
Table
Deny
RECOMMENDED ACTION:
There is no action recommended at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT L
COUNCIL MEETING DATE:
September 13, 2010
SUBJECT:
Joint Public Hearing with Snohomish County
Council - Open Space Designation Application
DEPARTMENT OF ORIGIN:
Executive / Legal
Contact: Kristin Banfield, 360-403-3444 or
Steve Peiffle
ATTACHMENTS:
- Snohomish County Current Use Assessment and Staff Recommendation
- RCW 84.34
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The County has received an application from an Arlington property owner to have their
property designated Open Space.
According to the state statute, the City and County Councils have to hold a Joint Public Hearing
on the matter. We need 3 members from the Arlington City Council and 3 members from the
County Council to hold the Public Hearing and make a decision on whether to accept the
application or not.
We’re looking at a couple different options for holding the Joint Public Hearing:
Option #1: Hold the Public Hearing in conjunction with a County Council session in October or
November. This would be held on a Wednesday in the County Council Chambers at 10:30am.
Option #2: Hold the Public Hearing in conjunction with one of the City’s Council meetings.
This would involve the County Council coming to us and carving a portion of one of our
Council meetings to hold the Joint Public Hearing, either in October or November.
RECOMMENDED ACTION:
The Council needs to provide direction on which meeting option we would prefer and which 3
Council members will attend.
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RCWs > Title 84 > Chapter 84.34
Chapter 84.34 RCW
Open space, agricultural, timber lands — current use
— conservation futures
Chapter Listing | RCW Dispositions
RCW Sections
84.34.010 Legislative declaration.
84.34.020 Definitions.
84.34.030 Applications for current use classification -- Forms -- Fee -- Times for making.
84.34.035 Applications for current use classification -- Approval or denial -- Appeal --
Duties of assessor upon approval.
84.34.037 Applications for current use classification -- To whom made -- Factors --
Review.
84.34.041 Application for current use classification -- Forms -- Public hearing -- Approval
or denial.
84.34.050 Notice of approval or disapproval -- Procedure when approval granted.
84.34.055 Open space priorities -- Open space plan and public benefit rating system.
84.34.060 Determination of true and fair value of classified land -- Computation of
assessed value.
84.34.065 Determination of true and fair value of farm and agricultural land -- Definitions.
84.34.070 Withdrawal from classification.
84.34.080 Change in use.
84.34.090 Extension of additional tax and penalties on tax roll -- Lien.
84.34.100 Payment of additional tax, penalties, and/or interest.
84.34.108 Removal of classification -- Factors -- Notice of continuance -- Additional tax --
Lien -- Delinquencies -- Exemptions.
84.34.111 Remedies available to owner liable for additional tax.
84.34.121 Information required.
84.34.131 Valuation of timber not affected.
84.34.141 Rules and regulations.
84.34.145 Advisory committee.
84.34.150 Reclassification of land classified under prior law which meets definition of
farm and agricultural land.
84.34.155 Reclassification of land classified as timber land which meets definition of
forest land under chapter 84.33 RCW.
84.34.160 Information on current use classification -- Publication and dissemination.
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84.34.200 Acquisition of open space, etc., land or rights to future development by
counties, cities, or metropolitan municipal corporations -- Legislative
declaration -- Purposes.
84.34.210 Acquisition of open space, land, or rights to future development by certain
entities -- Authority to acquire -- Conveyance or lease back.
84.34.220 Acquisition of open space, land, or rights to future development by certain
entities -- Developmental rights -- "Conservation futures" -- Acquisition --
Restrictions.
84.34.230 Acquisition of open space, etc., land or rights to future development by certain
entities -- Additional property tax levy authorized.
84.34.240 Acquisition of open space, etc., land or rights to future development by certain
entities -- Conservation futures fund -- Additional requirements, authority.
84.34.250 Nonprofit nature conservancy corporation or association defined.
84.34.300 Special benefit assessments for farm and agricultural land or timber land --
Legislative findings -- Purpose.
84.34.310 Special benefit assessments for farm and agricultural land or timber land --
Definitions.
84.34.320 Special benefit assessments for farm and agricultural land or timber land --
Exemption from assessment -- Procedures relating to exemption --
Constructive notice of potential liability -- Waiver of exemption.
84.34.330 Special benefit assessments for farm and agricultural land or timber land --
Withdrawal from classification or change in use -- Liability -- Amount -- Due
date -- Lien.
84.34.340 Special benefit assessments for farm and agricultural land or timber land --
Withdrawal or removal from classification -- Notice to local government --
Statement to owner of amounts payable -- Delinquency date -- Enforcement
procedures.
84.34.350 Special benefit assessments for farm and agricultural land -- Use of payments
collected.
84.34.360 Special benefit assessments for farm and agricultural land or timber land --
Rules to implement RCW 84.34.300 through 84.34.380.
84.34.370 Special benefit assessments for farm and agricultural land or timber land --
Assessments due on land withdrawn or changed.
84.34.380 Special benefit assessments for farm and agricultural land or timber land --
Application of exemption to rights and interests preventing nonagricultural or
nonforest uses.
84.34.390 Application -- Chapter 79.44 RCW -- Assessments against public lands.
84.34.900 Severability -- 1970 ex.s. c 87.
84.34.910 Effective date -- 1970 ex.s. c 87.
84.34.920 Severability -- 1971 ex.s. c 243.
84.34.921 Severability -- 1973 1st ex.s. c 212.
84.34.922 Severability -- 1979 c 84.
84.34.923 Effective date -- 1992 c 69.
Notes:
Conservation futures on agricultural land -- Property tax exemption: RCW 84.36.260,
84.36.500.
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84.34.010
Legislative declaration.
The legislature hereby declares that it is in the best interest of the state to maintain, preserve,
conserve and otherwise continue in existence adequate open space lands for the production of food,
fiber and forest crops, and to assure the use and enjoyment of natural resources and scenic beauty for
the economic and social well-being of the state and its citizens. The legislature further declares that
assessment practices must be so designed as to permit the continued availability of open space lands
for these purposes, and it is the intent of this chapter so to provide. The legislature further declares its
intent that farm and agricultural lands shall be valued on the basis of their value for use as authorized
by section 11 of Article VII of the Constitution of the state of Washington.
[1973 1st ex.s. c 212 § 1; 1970 ex.s. c 87 § 1.]
84.34.020
Definitions.
As used in this chapter, unless a different meaning is required by the context:
(1) "Open space land" means (a) any land area so designated by an official comprehensive land
use plan adopted by any city or county and zoned accordingly, or (b) any land area, the preservation
of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect
streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or
(iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature
reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi)
preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or
scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an
urban area and open to public use on such conditions as may be reasonably required by the
legislative body granting the open space classification, or (c) any land meeting the definition of farm
and agricultural conservation land under subsection (8) of this section. As a condition of granting open
space classification, the legislative body may not require public access on land classified under (b)(iii)
of this subsection for the purpose of promoting conservation of wetlands.
(2) "Farm and agricultural land" means:
(a) Any parcel of land that is twenty or more acres or multiple parcels of land that are contiguous
and total twenty or more acres:
(i) Devoted primarily to the production of livestock or agricultural commodities for commercial
purposes;
(ii) Enrolled in the federal conservation reserve program or its successor administered by the
United States department of agriculture; or
(iii) Other similar commercial activities as may be established by rule;
(b)(i) Any parcel of land that is five acres or more but less than twenty acres devoted primarily to
agricultural uses, which has produced a gross income from agricultural uses equivalent to, as of
January 1, 1993:
(A) One hundred dollars or more per acre per year for three of the five calendar years preceding
the date of application for classification under this chapter for all parcels of land that are classified
under this subsection or all parcels of land for which an application for classification under this
subsection is made with the granting authority prior to January 1, 1993; and
(B) On or after January 1, 1993, two hundred dollars or more per acre per year for three of the five
calendar years preceding the date of application for classification under this chapter;
(ii) For the purposes of (b)(i) of this subsection, "gross income from agricultural uses" includes, but
is not limited to, the wholesale value of agricultural products donated to nonprofit food banks or
feeding programs;
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(c) Any parcel of land of less than five acres devoted primarily to agricultural uses which has
produced a gross income as of January 1, 1993, of:
(i) One thousand dollars or more per year for three of the five calendar years preceding the date of
application for classification under this chapter for all parcels of land that are classified under this
subsection or all parcels of land for which an application for classification under this subsection is
made with the granting authority prior to January 1, 1993; and
(ii) On or after January 1, 1993, fifteen hundred dollars or more per year for three of the five
calendar years preceding the date of application for classification under this chapter. Parcels of land
described in (b)(i)(A) and (c)(i) of this subsection will, upon any transfer of the property excluding a
transfer to a surviving spouse or surviving state registered domestic partner, be subject to the limits of
(b)(i)(B) and (c)(ii) of this subsection;
(d) Any parcel of land that is five acres or more but less than twenty acres devoted primarily to
agricultural uses, which meet one of the following criteria:
(i) Has produced a gross income from agricultural uses equivalent to two hundred dollars or more
per acre per year for three of the five calendar years preceding the date of application for classification
under this chapter;
(ii) Has standing crops with an expectation of harvest within seven years, except as provided in
(d)(iii) of this subsection, and a demonstrable investment in the production of those crops equivalent to
one hundred dollars or more per acre in the current or previous calendar year. For the purposes of this
subsection (2)(d)(ii), "standing crop" means Christmas trees, vineyards, fruit trees, or other perennial
crops that: (A) Are planted using agricultural methods normally used in the commercial production of
that particular crop; and (B) typically do not produce harvestable quantities in the initial years after
planting; or
(iii) Has a standing crop of short rotation hardwoods with an expectation of harvest within fifteen
years and a demonstrable investment in the production of those crops equivalent to one hundred
dollars or more per acre in the current or previous calendar year;
(e) Any lands including incidental uses as are compatible with agricultural purposes, including
wetlands preservation, provided such incidental use does not exceed twenty percent of the classified
land and the land on which appurtenances necessary to the production, preparation, or sale of the
agricultural products exist in conjunction with the lands producing such products. Agricultural lands
shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise
constitutes an integral part of farming operations being conducted on land qualifying under this section
as "farm and agricultural lands";
(f) The land on which housing for employees and the principal place of residence of the farm
operator or owner of land classified pursuant to (a) of this subsection is sited if: The housing or
residence is on or contiguous to the classified parcel; and the use of the housing or the residence is
integral to the use of the classified land for agricultural purposes; or
(g) Any land that is used primarily for equestrian related activities for which a charge is made,
including, but not limited to, stabling, training, riding, clinics, schooling, shows, or grazing for feed and
that otherwise meet the requirements of (a), (b), or (c) of this subsection.
(3) "Timber land" means any parcel of land that is five or more acres or multiple parcels of land that
are contiguous and total five or more acres which is or are devoted primarily to the growth and harvest
of timber for commercial purposes. Timber land means the land only and does not include a residential
homesite. The term includes land used for incidental uses that are compatible with the growing and
harvesting of timber but no more than ten percent of the land may be used for such incidental uses. It
also includes the land on which appurtenances necessary for the production, preparation, or sale of
the timber products exist in conjunction with land producing these products.
(4) "Current" or "currently" means as of the date on which property is to be listed and valued by the
assessor.
(5) "Owner" means the party or parties having the fee interest in land, except that where land is
subject to real estate contract "owner" means the contract vendee.
(6) "Contiguous" means land adjoining and touching other property held by the same ownership.
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Land divided by a public road, but otherwise an integral part of a farming operation, is considered
contiguous.
(7) "Granting authority" means the appropriate agency or official who acts on an application for
classification of land pursuant to this chapter.
(8) "Farm and agricultural conservation land" means either:
(a) Land that was previously classified under subsection (2) of this section, that no longer meets
the criteria of subsection (2) of this section, and that is reclassified under subsection (1) of this section;
or
(b) Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that
has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high
potential for returning to commercial agriculture.
[2010 c 106 § 304. Prior: 2009 c 513 § 1; 2009 c 255 § 1; 2005 c 57 § 1; 2004 c 217 § 1; 2002 c 315 § 1; 2001 c 249 § 12;
1998 c 320 § 7; 1997 c 429 § 31; 1992 c 69 § 4; 1988 c 253 § 3; 1983 c 3 § 227; 1973 1st ex.s. c 212 § 2; 1970 ex.s. c 87 § 2.]
Notes:
Effective date -- 2010 c 106: See note following RCW 35.102.145.
Purpose -- 2004 c 217 § 1: "The purpose of the amendatory language in section 1 of
this act is to clarify the timber land definition as it relates to tax issues. The language does
not affect land use policy or law." [2004 c 217 § 2.]
Severability -- 1997 c 429: See note following RCW 36.70A.3201.
84.34.030
Applications for current use classification — Forms — Fee — Times for
making.
An owner of agricultural land desiring current use classification under subsection (2) of RCW
84.34.020 shall make application to the county assessor upon forms prepared by the state department
of revenue and supplied by the county assessor. An owner of open space or timber land desiring
current use classification under subsections (1) and (3) of RCW 84.34.020 shall make application to
the county legislative authority upon forms prepared by the state department of revenue and supplied
by the county assessor. The application shall be accompanied by a reasonable processing fee if such
processing fee is established by the city or county legislative authority. Said application shall require
only such information reasonably necessary to properly classify an area of land under this chapter with
a notarized verification of the truth thereof and shall include a statement that the applicant is aware of
the potential tax liability involved when such land ceases to be designated as open space, farm and
agricultural or timber land. Applications must be made during the calendar year preceding that in which
such classification is to begin. The assessor shall make necessary information, including copies of this
chapter and applicable regulations, readily available to interested parties, and shall render reasonable
assistance to such parties upon request.
[1989 c 378 § 10; 1973 1st ex.s. c 212 § 3; 1970 ex.s. c 87 § 3.]
84.34.035
Applications for current use classification — Approval or denial — Appeal
— Duties of assessor upon approval.
The assessor shall act upon the application for current use classification of farm and agricultural lands
under RCW 84.34.020(2), with due regard to all relevant evidence. The application shall be deemed to
have been approved unless, prior to the first day of May of the year after such application was mailed
or delivered to the assessor, the assessor shall notify the applicant in writing of the extent to which the
application is denied. An owner who receives notice that his or her application has been denied may
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appeal such denial to the board of equalization in the county where the property is located. The
appeal shall be filed in accordance with RCW 84.40.038. Within ten days following approval of the
application, the assessor shall submit notification of such approval to the county auditor for recording
in the place and manner provided for the public recording of state tax liens on real property. The
assessor shall retain a copy of all applications.
The assessor shall, as to any such land, make a notation each year on the assessment list and the
tax roll of the assessed value of such land for the use for which it is classified in addition to the
assessed value of such land were it not so classified.
[2001 c 185 § 6; 1992 c 69 § 5; 1973 1st ex.s. c 212 § 4.]
Notes:
Application -- 2001 c 185 §§ 1-12: See note following RCW 84.14.110.
84.34.037
Applications for current use classification — To whom made — Factors —
Review.
(1) Applications for classification or reclassification under RCW 84.34.020(1) shall be made to the
county legislative authority. An application made for classification or reclassification of land under
RCW 84.34.020(1) (b) and (c) which is in an area subject to a comprehensive plan shall be acted
upon in the same manner in which an amendment to the comprehensive plan is processed. Application
made for classification of land which is in an area not subject to a comprehensive plan shall be acted
upon after a public hearing and after notice of the hearing shall have been given by one publication in
a newspaper of general circulation in the area at least ten days before the hearing: PROVIDED, That
applications for classification of land in an incorporated area shall be acted upon by: (a) A granting
authority composed of three members of the county legislative body and three members of the city
legislative body in which the land is located in a meeting where members may be physically absent but
participating through telephonic connection; or (b) separate affirmative acts by both the county and city
legislative bodies where both bodies affirm the entirety of an application without modification or both
bodies affirm an application with identical modifications.
(2) In determining whether an application made for classification or reclassification under RCW
84.34.020(1) (b) and (c) should be approved or disapproved, the granting authority may take
cognizance of the benefits to the general welfare of preserving the current use of the property which is
the subject of application, and shall consider:
(a) The resulting revenue loss or tax shift;
(b) Whether granting the application for land applying under RCW 84.34.020(1)(b) will (i) conserve
or enhance natural, cultural, or scenic resources, (ii) protect streams, stream corridors, wetlands,
natural shorelines and aquifers, (iii) protect soil resources and unique or critical wildlife and native
plant habitat, (iv) promote conservation principles by example or by offering educational opportunities,
(v) enhance the value of abutting or neighboring parks, forests, wildlife preserves, nature reservations,
sanctuaries, or other open spaces, (vi) enhance recreation opportunities, (vii) preserve historic and
archaeological sites, (viii) preserve visual quality along highway, road, and street corridors or scenic
vistas, (ix) affect any other factors relevant in weighing benefits to the general welfare of preserving
the current use of the property; and
(c) Whether granting the application for land applying under RCW 84.34.020(1)(c) will (i) either
preserve land previously classified under RCW 84.34.020(2) or preserve land that is traditional
farmland and not classified under chapter 84.33 or 84.34 RCW, (ii) preserve land with a potential for
returning to commercial agriculture, and (iii) affect any other factors relevant in weighing benefits to the
general welfare of preserving the current use of property.
(3) If a public benefit rating system is adopted under RCW 84.34.055, the county legislative
authority shall rate property for which application for classification has been made under RCW
84.34.020(1) (b) and (c) according to the public benefit rating system in determining whether an
application should be approved or disapproved, but when such a system is adopted, open space
properties then classified under this chapter which do not qualify under the system shall not be
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removed from classification but may be rated according to the public benefit rating system.
(4) The granting authority may approve the application with respect to only part of the land which is
the subject of the application. If any part of the application is denied, the applicant may withdraw the
entire application. The granting authority in approving in part or whole an application for land classified
or reclassified pursuant to RCW 84.34.020(1) may also require that certain conditions be met,
including but not limited to the granting of easements. As a condition of granting open space
classification, the legislative body may not require public access on land classified under RCW
84.34.020(1)(b)(iii) for the purpose of promoting conservation of wetlands.
(5) The granting or denial of the application for current use classification or reclassification is a
legislative determination and shall be reviewable only for arbitrary and capricious actions.
[2009 c 350 § 13; 1992 c 69 § 6; 1985 c 393 § 1; 1984 c 111 § 1; 1973 1st ex.s. c 212 § 5.]
84.34.041
Application for current use classification — Forms — Public hearing —
Approval or denial.
An application for current use classification or reclassification under RCW 84.34.020(3) shall be made
to the county legislative authority.
(1) The application shall be made upon forms prepared by the department of revenue and supplied
by the granting authority and shall include the following elements that constitute a timber management
plan:
(a) A legal description of, or assessor's parcel numbers for, all land the applicant desires to be
classified as timber land;
(b) The date or dates of acquisition of the land;
(c) A brief description of the timber on the land, or if the timber has been harvested, the owner's
plan for restocking;
(d) Whether there is a forest management plan for the land;
(e) If so, the nature and extent of implementation of the plan;
(f) Whether the land is used for grazing;
(g) Whether the land has been subdivided or a plat filed with respect to the land;
(h) Whether the land and the applicant are in compliance with the restocking, forest management,
fire protection, insect and disease control, weed control, and forest debris provisions of Title 76 RCW
or applicable rules under Title 76 RCW;
(i) Whether the land is subject to forest fire protection assessments pursuant to RCW 76.04.610;
(j) Whether the land is subject to a lease, option, or other right that permits it to be used for a
purpose other than growing and harvesting timber;
(k) A summary of the past experience and activity of the applicant in growing and harvesting timber;
(l) A summary of current and continuing activity of the applicant in growing and harvesting timber;
(m) A statement that the applicant is aware of the potential tax liability involved when the land
ceases to be classified as timber land.
(2) An application made for classification of land under RCW 84.34.020(3) shall be acted upon after
a public hearing and after notice of the hearing is given by one publication in a newspaper of general
circulation in the area at least ten days before the hearing. Application for classification of land in an
incorporated area shall be acted upon by: (a) A granting authority composed of three members of the
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county legislative body and three members of the city legislative body in which the land is located in a
meeting where members may be physically absent but participating through telephonic connection; or
(b) separate affirmative acts by both the county and city legislative bodies where both bodies affirm the
entirety of an application without modification or both bodies affirm an application with identical
modifications.
(3) The granting authority shall act upon the application with due regard to all relevant evidence
and without any one or more items of evidence necessarily being determinative, except that the
application may be denied for one of the following reasons, without regard to other items:
(a) The land does not contain a stand of timber as defined in chapter 76.09 RCW and applicable
rules, except this reason shall not alone be sufficient to deny the application (i) if the land has been
recently harvested or supports a growth of brush or noncommercial type timber, and the application
includes a plan for restocking within three years or the longer period necessitated by unavailability of
seed or seedlings, or (ii) if only isolated areas within the land do not meet minimum standards due to
rock outcroppings, swamps, unproductive soil, or other natural conditions;
(b) The applicant, with respect to the land, has failed to comply with a final administrative or judicial
order with respect to a violation of the restocking, forest management, fire protection, insect and
disease control, weed control, and forest debris provisions of Title 76 RCW or applicable rules under
Title 76 RCW;
(c) The land abuts a body of salt water and lies between the line of ordinary high tide and a line
paralleling the ordinary high tide line and two hundred feet horizontally landward from the high tide
line.
(4) The timber management plan must be filed with the county legislative authority either: (a) When
an application for classification under this chapter is submitted; (b) when a sale or transfer of timber
land occurs and a notice of continuance is signed; or (c) within sixty days of the date the application
for reclassification under this chapter or from designated forest land is received. The application for
reclassification shall be accepted, but shall not be processed until the timber management plan is
received. If the timber management plan is not received within sixty days of the date the application for
reclassification is received, the application for reclassification shall be denied.
If circumstances require it, the county assessor may allow in writing an extension of time for
submitting a timber management plan when an application for classification or reclassification or notice
of continuance is filed. When the assessor approves an extension of time for filing the timber
management plan, the county legislative authority may delay processing an application until the timber
management plan is received. If the timber management plan is not received by the date set by the
assessor, the application or the notice of continuance shall be denied.
The granting authority may approve the application with respect to only part of the land that is
described in the application, and if any part of the application is denied, the applicant may withdraw
the entire application. The granting authority, in approving in part or whole an application for land
classified pursuant to RCW 84.34.020(3), may also require that certain conditions be met.
Granting or denial of an application for current use classification is a legislative determination and
shall be reviewable only for arbitrary and capricious actions. The granting authority may not require
the granting of easements for land classified pursuant to RCW 84.34.020(3).
The granting authority shall approve or disapprove an application made under this section within
six months following the date the application is received.
[2009 c 350 § 14; 2002 c 315 § 2; 1992 c 69 § 20.]
84.34.050
Notice of approval or disapproval — Procedure when approval granted.
(1) The granting authority shall immediately notify the assessor and the applicant of its approval or
disapproval which shall in no event be more than six months from the receipt of said application. No
land other than farm and agricultural land shall be classified under this chapter until an application in
regard thereto has been approved by the appropriate legislative authority.
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(2) When the granting authority classifies land under this chapter, it shall file notice of the same
with the assessor within ten days. The assessor shall, as to any such land, make a notation each year
on the assessment list and the tax roll of the assessed value of such land for the use for which it is
classified in addition to the assessed value of such land were it not so classified.
(3) Within ten days following receipt of the notice from the granting authority of classification of
such land under this chapter, the assessor shall submit such notice to the county auditor for recording
in the place and manner provided for the public recording of state tax liens on real property.
[1992 c 69 § 7; 1973 1st ex.s. c 212 § 6; 1970 ex.s. c 87 § 5.]
84.34.055
Open space priorities — Open space plan and public benefit rating system.
(1)(a) The county legislative authority may direct the county planning commission to set open space
priorities and adopt, after a public hearing, an open space plan and public benefit rating system for the
county. The plan shall consist of criteria for determining eligibility of lands, the process for establishing
a public benefit rating system, and an assessed valuation schedule. The assessed valuation schedule
shall be developed by the county assessor and shall be a percentage of market value based upon the
public benefit rating system. The open space plan, the public benefit rating system, and the assessed
valuations schedule shall not be effective until approved by the county legislative authority after at
least one public hearing: PROVIDED, That any county which has complied with the procedural
requisites of chapter 393, Laws of 1985, prior to July 28, 1985, need not repeat those procedures in
order to adopt an open space plan pursuant to chapter 393, Laws of 1985.
(b) County legislative authorities, in open space plans, public benefit rating systems, and assessed
valuation schedules, shall give priority consideration to lands used for buffers that are planted with or
primarily contain native vegetation.
(c) "Priority consideration" as used in this section may include, but is not limited to, establishing
classification eligibility and maintenance criteria for buffers meeting the requirements of (b) of this
subsection.
(d) County legislative authorities shall meet the requirements of (b) of this subsection no later than
July 1, 2006, unless buffers already receive priority consideration in the existing open space plans,
public benefit rating systems, and assessed valuation schedules.
(2) In adopting an open space plan, recognized sources shall be used unless the county does its
own survey of important open space priorities or features, or both. Recognized sources include but are
not limited to the natural heritage database; the state office of historic preservation; the recreation and
conservation office inventory of dry accretion beach and shoreline features; state, national, county, or
city registers of historic places; the shoreline master program; or studies by the parks and recreation
commission and by the departments of fish and wildlife and natural resources. Features and sites may
be verified by an outside expert in the field and approved by the appropriate state or local agency to
be sent to the county legislative authority for final approval as open space.
(3) When the county open space plan is adopted, owners of open space lands then classified
under this chapter shall be notified in the same manner as is provided in RCW 84.40.045 of their new
assessed value. These lands may be removed from classification, upon request of owner, without
penalty within thirty days of notification of value.
(4) The open space plan and public benefit rating system under this section may be adopted for
taxes payable in 1986 and thereafter.
[2007 c 241 § 73; 2005 c 310 § 1; 1994 c 264 § 76; 1988 c 36 § 62; 1985 c 393 § 3.]
Notes:
Intent -- Effective date -- 2007 c 241: See notes following RCW 79A.25.005.
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84.34.060
Determination of true and fair value of classified land — Computation of
assessed value.
In determining the true and fair value of open space land and timber land, which has been classified as
such under the provisions of this chapter, the assessor shall consider only the use to which such
property and improvements is currently applied and shall not consider potential uses of such property.
The assessed valuation of open space land shall not be less than the minimum value per acre of
classified farm and agricultural land except that the assessed valuation of open space land may be
valued based on the public benefit rating system adopted under RCW 84.34.055: PROVIDED
FURTHER, That timber land shall be valued according to chapter 84.33 RCW. In valuing any tract or
parcel of real property designated and zoned under a comprehensive plan adopted under chapter
36.70A RCW as agricultural, forest, or open space land, the appraisal shall not be based on similar
sales of parcels that have been converted to nonagricultural, nonforest, or nonopen-space uses within
five years after the sale.
[1997 c 429 § 32; 1992 c 69 § 8; 1985 c 393 § 2; 1981 c 148 § 10; 1973 1st ex.s. c 212 § 7; 1970 ex.s. c 87 § 6.]
Notes:
Severability -- 1997 c 429: See note following RCW 36.70A.3201.
Purpose -- Severability -- Effective dates -- 1981 c 148: See notes following RCW
84.33.130.
84.34.065
Determination of true and fair value of farm and agricultural land —
Definitions.
The true and fair value of farm and agricultural land shall be determined by consideration of the
earning or productive capacity of comparable lands from crops grown most typically in the area
averaged over not less than five years, capitalized at indicative rates. The earning or productive
capacity of farm and agricultural lands shall be the "net cash rental", capitalized at a "rate of interest"
charged on long term loans secured by a mortgage on farm or agricultural land plus a component for
property taxes. The current use value of land under *RCW 84.34.020(2)(e) shall be established as:
The prior year's average value of open space farm and agricultural land used in the county plus the
value of land improvements such as septic, water, and power used to serve the residence. This shall
not be interpreted to require the assessor to list improvements to the land with the value of the land.
For the purposes of the above computation:
(1) The term "net cash rental" shall mean the average rental paid on an annual basis, in cash, for
the land being appraised and other farm and agricultural land of similar quality and similarly situated
that is available for lease for a period of at least three years to any reliable person without
unreasonable restrictions on its use for production of agricultural crops. There shall be allowed as a
deduction from the rental received or computed any costs of crop production charged against the
landlord if the costs are such as are customarily paid by a landlord. If "net cash rental" data is not
available, the earning or productive capacity of farm and agricultural lands shall be determined by the
cash value of typical or usual crops grown on land of similar quality and similarly situated averaged
over not less than five years. Standard costs of production shall be allowed as a deduction from the
cash value of the crops.
The current "net cash rental" or "earning capacity" shall be determined by the assessor with the
advice of the advisory committee as provided in RCW 84.34.145, and through a continuing internal
study, assisted by studies of the department of revenue. This net cash rental figure as it applies to any
farm and agricultural land may be challenged before the same boards or authorities as would be the
case with regard to assessed values on general property.
(2) The term "rate of interest" shall mean the rate of interest charged by the farm credit
administration and other large financial institutions regularly making loans secured by farm and
agricultural lands through mortgages or similar legal instruments, averaged over the immediate past
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five years.
The "rate of interest" shall be determined annually by a rule adopted by the department of revenue
and such rule shall be published in the state register not later than January 1 of each year for use in
that assessment year. The department of revenue determination may be appealed to the state board
of tax appeals within thirty days after the date of publication by any owner of farm or agricultural land
or the assessor of any county containing farm and agricultural land.
(3) The "component for property taxes" shall be a figure obtained by dividing the assessed value of
all property in the county into the property taxes levied within the county in the year preceding the
assessment and multiplying the quotient obtained by one hundred.
[2001 c 249 § 13; 2000 c 103 § 23; 1998 c 320 § 8; 1997 c 429 § 33; 1992 c 69 § 9; 1989 c 378 § 11; 1973 1st ex.s. c 212 §
10.]
Notes:
*Reviser's note: RCW 84.34.020 was amended by 2009 c 513 § 1, changing
subsection (2)(e) to subsection (2)(f).
Severability -- 1997 c 429: See note following RCW 36.70A.3201.
84.34.070
Withdrawal from classification.
(1) When land has once been classified under this chapter, it shall remain under such classification
and shall not be applied to other use except as provided by subsection (2) of this section for at least
ten years from the date of classification and shall continue under such classification until and unless
withdrawn from classification after notice of request for withdrawal shall be made by the owner. During
any year after eight years of the initial ten-year classification period have elapsed, notice of request for
withdrawal of all or a portion of the land may be given by the owner to the assessor or assessors of
the county or counties in which such land is situated. In the event that a portion of a parcel is removed
from classification, the remaining portion must meet the same requirements as did the entire parcel
when such land was originally granted classification pursuant to this chapter unless the remaining
parcel has different income criteria. Within seven days the assessor shall transmit one copy of such
notice to the legislative body which originally approved the application. The assessor or assessors, as
the case may be, shall, when two assessment years have elapsed following the date of receipt of such
notice, withdraw such land from such classification and the land shall be subject to the additional tax
and applicable interest due under RCW 84.34.108. Agreement to tax according to use shall not be
considered to be a contract and can be abrogated at any time by the legislature in which event no
additional tax or penalty shall be imposed.
(2) The following reclassifications are not considered withdrawals or removals and are not subject
to additional tax under RCW 84.34.108:
(a) Reclassification between lands under RCW 84.34.020 (2) and (3);
(b) Reclassification of land classified under RCW 84.34.020 (2) or (3) or chapter 84.33 RCW to
open space land under RCW 84.34.020(1);
(c) Reclassification of land classified under RCW 84.34.020 (2) or (3) to forest land classified under
chapter 84.33 RCW; and
(d) Reclassification of land classified as open space land under RCW 84.34.020(1)(c) and
reclassified to farm and agricultural land under RCW 84.34.020(2) if the land had been previously
classified as farm and agricultural land under RCW 84.34.020(2).
(3) Applications for reclassification shall be subject to applicable provisions of RCW 84.34.037,
84.34.035, 84.34.041, and chapter 84.33 RCW.
(4) The income criteria for land classified under RCW 84.34.020(2) (b) and (c) may be deferred for
land being reclassified from land classified under RCW 84.34.020 (1)(c) or (3), or chapter 84.33 RCW
into RCW 84.34.020(2) (b) or (c) for a period of up to five years from the date of reclassification.
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[1992 c 69 § 10; 1984 c 111 § 2; 1973 1st ex.s. c 212 § 8; 1970 ex.s. c 87 § 7.]
84.34.080
Change in use.
When land which has been classified under this chapter as open space land, farm and agricultural
land, or timber land is applied to some other use, except through compliance with RCW 84.34.070, or
except as a result solely from any one of the conditions listed in RCW 84.34.108(6), the owner shall
within sixty days notify the county assessor of such change in use and additional real property tax
shall be imposed upon such land in an amount equal to the sum of the following:
(1) The total amount of the additional tax and applicable interest due under RCW 84.34.108; plus
(2) A penalty amounting to twenty percent of the amount determined in subsection (1) of this
section.
[1999 sp.s. c 4 § 705; 1992 c 69 § 11; 1973 1st ex.s. c 212 § 9; 1970 ex.s. c 87 § 8.]
Notes:
Part headings not law -- 1999 sp.s. c 4: See note following RCW 77.85.180.
84.34.090
Extension of additional tax and penalties on tax roll — Lien.
The additional tax and penalties, if any, provided by RCW 84.34.070 and 84.34.080 shall be extended
on the tax roll and shall be, together with the interest thereon, a lien on the land to which such tax
applies as of January 1st of the year for which such additional tax is imposed. Such lien shall have
priority as provided in chapter 84.60 RCW: PROVIDED, That for purposes of all periods of limitation of
actions specified in Title 84 RCW, the year in which the tax became payable shall be as specified in
RCW 84.34.100.
[1970 ex.s. c 87 § 9.]
84.34.100
Payment of additional tax, penalties, and/or interest.
The additional tax, penalties, and/or interest provided by RCW 84.34.070 and 84.34.080 shall be
payable in full thirty days after the date which the treasurer's statement therefor is rendered. Such
additional tax when collected shall be distributed by the county treasurer in the same manner in which
current taxes applicable to the subject land are distributed.
[1980 c 134 § 4; 1970 ex.s. c 87 § 10.]
84.34.108
Removal of classification — Factors — Notice of continuance — Additional
tax — Lien — Delinquencies — Exemptions.
(1) When land has once been classified under this chapter, a notation of the classification shall be
made each year upon the assessment and tax rolls and the land shall be valued pursuant to RCW
84.34.060 or 84.34.065 until removal of all or a portion of the classification by the assessor upon
occurrence of any of the following:
(a) Receipt of notice from the owner to remove all or a portion of the classification;
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(b) Sale or transfer to an ownership, except a transfer that resulted from a default in loan payments
made to or secured by a governmental agency that intends to or is required by law or regulation to
resell the property for the same use as before, making all or a portion of the land exempt from ad
valorem taxation;
(c) Sale or transfer of all or a portion of the land to a new owner, unless the new owner has signed
a notice of classification continuance, except transfer to an owner who is an heir or devisee of a
deceased owner shall not, by itself, result in removal of classification. The notice of continuance shall
be on a form prepared by the department. If the notice of continuance is not signed by the new owner
and attached to the real estate excise tax affidavit, all additional taxes calculated pursuant to
subsection (4) of this section shall become due and payable by the seller or transferor at time of sale.
The auditor shall not accept an instrument of conveyance regarding classified land for filing or
recording unless the new owner has signed the notice of continuance or the additional tax has been
paid, as evidenced by the real estate excise tax stamp affixed thereto by the treasurer. The seller,
transferor, or new owner may appeal the new assessed valuation calculated under subsection (4) of
this section to the county board of equalization in accordance with the provisions of RCW 84.40.038.
Jurisdiction is hereby conferred on the county board of equalization to hear these appeals;
(d) Determination by the assessor, after giving the owner written notice and an opportunity to be
heard, that all or a portion of the land no longer meets the criteria for classification under this chapter.
The criteria for classification pursuant to this chapter continue to apply after classification has been
granted.
The granting authority, upon request of an assessor, shall provide reasonable assistance to the
assessor in making a determination whether the land continues to meet the qualifications of RCW
84.34.020 (1) or (3). The assistance shall be provided within thirty days of receipt of the request.
(2) Land may not be removed from classification because of:
(a) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120; or
(b) The creation, sale, or transfer of a fee interest or a conservation easement for the riparian open
space program under RCW 76.09.040.
(3) Within thirty days after the removal of all or a portion of the land from current use classification
under subsection (1) of this section, the assessor shall notify the owner in writing, setting forth the
reasons for the removal. The seller, transferor, or owner may appeal the removal to the county board
of equalization in accordance with the provisions of RCW 84.40.038. The removal notice must explain
the steps needed to appeal the removal decision, including when a notice of appeal must be filed,
where the forms may be obtained, and how to contact the county board of equalization.
(4) Unless the removal is reversed on appeal, the assessor shall revalue the affected land with
reference to its true and fair value on January 1st of the year of removal from classification. Both the
assessed valuation before and after the removal of classification shall be listed and taxes shall be
allocated according to that part of the year to which each assessed valuation applies. Except as
provided in subsection (6) of this section, an additional tax, applicable interest, and penalty shall be
imposed which shall be due and payable to the treasurer thirty days after the owner is notified of the
amount of the additional tax. As soon as possible, the assessor shall compute the amount of additional
tax, applicable interest, and penalty and the treasurer shall mail notice to the owner of the amount
thereof and the date on which payment is due. The amount of the additional tax, applicable interest,
and penalty shall be determined as follows:
(a) The amount of additional tax shall be equal to the difference between the property tax paid as
"open space land," "farm and agricultural land," or "timber land" and the amount of property tax
otherwise due and payable for the seven years last past had the land not been so classified;
(b) The amount of applicable interest shall be equal to the interest upon the amounts of the
additional tax paid at the same statutory rate charged on delinquent property taxes from the dates on
which the additional tax could have been paid without penalty if the land had been assessed at a value
without regard to this chapter;
(c) The amount of the penalty shall be as provided in RCW 84.34.080. The penalty shall not be
imposed if the removal satisfies the conditions of RCW 84.34.070.
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(5) Additional tax, applicable interest, and penalty, shall become a lien on the land which shall
attach at the time the land is removed from classification under this chapter and shall have priority to
and shall be fully paid and satisfied before any recognizance, mortgage, judgment, debt, obligation or
responsibility to or with which the land may become charged or liable. This lien may be foreclosed
upon expiration of the same period after delinquency and in the same manner provided by law for
foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050. Any additional
tax unpaid on its due date shall thereupon become delinquent. From the date of delinquency until paid,
interest shall be charged at the same rate applied by law to delinquent ad valorem property taxes.
(6) The additional tax, applicable interest, and penalty specified in subsection (4) of this section
shall not be imposed if the removal of classification pursuant to subsection (1) of this section resulted
solely from:
(a) Transfer to a government entity in exchange for other land located within the state of
Washington;
(b)(i) A taking through the exercise of the power of eminent domain, or (ii) sale or transfer to an
entity having the power of eminent domain in anticipation of the exercise of such power, said entity
having manifested its intent in writing or by other official action;
(c) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by
virtue of the act of the landowner changing the use of the property;
(d) Official action by an agency of the state of Washington or by the county or city within which the
land is located which disallows the present use of the land;
(e) Transfer of land to a church when the land would qualify for exemption pursuant to RCW
84.36.020;
(f) Acquisition of property interests by state agencies or agencies or organizations qualified under
RCW 84.34.210 and 64.04.130 for the purposes enumerated in those sections. At such time as these
property interests are not used for the purposes enumerated in RCW 84.34.210 and 64.04.130 the
additional tax specified in subsection (4) of this section shall be imposed;
(g) Removal of land classified as farm and agricultural land under RCW 84.34.020(2)(f);
(h) Removal of land from classification after enactment of a statutory exemption that qualifies the
land for exemption and receipt of notice from the owner to remove the land from classification;
(i) The creation, sale, or transfer of forestry riparian easements under RCW 76.13.120;
(j) The creation, sale, or transfer of a conservation easement of private forest lands within
unconfined channel migration zones or containing critical habitat for threatened or endangered species
under RCW 76.09.040;
(k) The sale or transfer of land within two years after the death of the owner of at least a fifty
percent interest in the land if the land has been assessed and valued as classified forest land,
designated as forest land under chapter 84.33 RCW, or classified under this chapter continuously
since 1993. The date of death shown on a death certificate is the date used for the purposes of this
subsection (6)(k); or
(l)(i) The discovery that the land was classified under this chapter in error through no fault of the
owner. For purposes of this subsection (6)(l), "fault" means a knowingly false or misleading statement,
or other act or omission not in good faith, that contributed to the approval of classification under this
chapter or the failure of the assessor to remove the land from classification under this chapter.
(ii) For purposes of this subsection (6), the discovery that land was classified under this chapter in
error through no fault of the owner is not the sole reason for removal of classification pursuant to
subsection (1) of this section if an independent basis for removal exists. Examples of an independent
basis for removal include the owner changing the use of the land or failing to meet any applicable
income criteria required for classification under this chapter.
[2009 c 513 § 2; 2009 c 354 § 3; 2009 c 255 § 2; 2009 c 246 § 3; 2007 c 54 § 25; 2003 c 170 § 6. Prior: 2001 c 305 § 3; 2001
c 249 § 14; 2001 c 185 § 7; prior: 1999 sp.s. c 4 § 706; 1999 c 233 § 22; 1999 c 139 § 2; 1992 c 69 § 12; 1989 c 378 § 35;
1985 c 319 § 1; 1983 c 41 § 1; 1980 c 134 § 5; 1973 1st ex.s. c 212 § 12.]
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Notes:
Reviser's note: This section was amended by 2009 c 246 § 3, 2009 c 255 § 2, 2009
c 354 § 3, and by 2009 c 513 § 2, each without reference to the other. All amendments
are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Finding -- Intent -- 2009 c 354: See note following RCW 84.33.140.
Severability -- 2007 c 54: See note following RCW 82.04.050.
Purpose -- 2003 c 170 § 6: "During the regular session of the 2001 legislature, RCW
84.34.108 was amended by section 7, chapter 185, by section 14, chapter 249, and by
section 3, chapter 305, each without reference to the other. The purpose of section 6 of
this act is to reenact and amend RCW 84.34.108 so that it reflects all amendments made
by the legislature and to clarify any misunderstanding as to how the exemption contained
in chapter 305, Laws of 2001 is to be applied." [2003 c 170 § 3.]
Purpose -- Intent -- 2003 c 170: See note following RCW 84.33.130.
Application -- 2001 c 185 §§ 1-12: See note following RCW 84.14.110.
Part headings not law -- 1999 sp.s. c 4: See note following RCW 77.85.180.
Effective date -- 1999 c 233: See note following RCW 4.28.320.
84.34.111
Remedies available to owner liable for additional tax.
The owner of any land as to which additional tax is imposed as provided in this chapter shall have with
respect to valuation of the land and imposition of the additional tax all remedies provided by this title.
[1998 c 311 § 14; 1973 1st ex.s. c 212 § 13.]
84.34.121
Information required.
The assessor may require owners of land classified under this chapter to submit pertinent data
regarding the use of the land, productivity of typical crops, and such similar information pertinent to
continued classification and appraisal of the land.
[1973 1st ex.s. c 212 § 14.]
84.34.131
Valuation of timber not affected.
Nothing in this chapter shall be construed as in any manner affecting the method for valuation of
timber standing on timber land which has been classified under this chapter.
[1998 c 311 § 15; 1973 1st ex.s. c 212 § 16.]
84.34.141
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Rules and regulations.
The department of revenue of the state of Washington shall make such rules and regulations
consistent with this chapter as shall be necessary or desirable to permit its effective administration.
[1998 c 311 § 16; 1973 1st ex.s. c 212 § 17.]
84.34.145
Advisory committee.
The county legislative authority shall appoint a five member committee representing the active farming
community within the county to serve in an advisory capacity to the assessor in implementing
assessment guidelines as established by the department of revenue for the assessment of open
space, farms and agricultural lands, and timber lands classified under this chapter.
[1998 c 311 § 17; 1992 c 69 § 13; 1973 1st ex.s. c 212 § 11.]
84.34.150
Reclassification of land classified under prior law which meets definition
of farm and agricultural land.
Land classified under the provisions of chapter 84.34 RCW prior to July 16, 1973 which meets the
criteria for classification under this chapter, is hereby reclassified under this chapter. This change in
classification shall be made without additional tax, applicable interest, penalty, or other requirements,
but subsequent to such reclassification, the land shall be fully subject to this chapter. A condition
imposed by a granting authority prior to July 16, 1973, upon land classified pursuant to RCW
84.34.020 (1) or (3) shall remain in effect during the period of classification.
[1998 c 311 § 18; 1992 c 69 § 14; 1973 1st ex.s. c 212 § 15.]
84.34.155
Reclassification of land classified as timber land which meets definition
of forest land under chapter 84.33 RCW.
Land classified under the provisions of RCW 84.34.020 (2) or (3) which meets the definition of forest
land under the provisions of chapter 84.33 RCW, upon request for such change made by the owner to
the granting authority, shall be reclassified by the assessor under the provisions of chapter 84.33
RCW. This change in classification shall be made without additional tax, applicable interest, penalty,
or other requirements set forth in chapter 84.34 RCW: PROVIDED, That subsequent to such
reclassification, the land shall be fully subject to the provisions of chapter 84.33 RCW, as now or
hereafter amended.
[1992 c 69 § 15; 1973 1st ex.s. c 212 § 19.]
84.34.160
Information on current use classification — Publication and dissemination.
The department of revenue and each granting authority is hereby directed to publicize the
qualifications and manner of making applications for classification. Notice of the qualifications, method
of making applications, and availability of further information on current use classification shall be
included with every notice of change in valuation.
[1992 c 69 § 16; 1973 1st ex.s. c 212 § 18.]
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84.34.200
Acquisition of open space, etc., land or rights to future development by
counties, cities, or metropolitan municipal corporations — Legislative
declaration — Purposes.
The legislature finds that the haphazard growth and spread of urban development is encroaching
upon, or eliminating, numerous open areas and spaces of varied size and character, including many
devoted to agriculture, the cultivation of timber, and other productive activities, and many others
having significant recreational, social, scenic, or esthetic values. Such areas and spaces, if preserved
and maintained in their present open state, would constitute important assets to existing and
impending urban and metropolitan development, at the same time that they would continue to
contribute to the welfare and well-being of the citizens of the state as a whole. The acquisition of
interests or rights in real property for the preservation of such open spaces and areas constitutes a
public purpose for which public funds may properly be expended or advanced.
[1971 ex.s. c 243 § 1.]
84.34.210
Acquisition of open space, land, or rights to future development by certain
entities — Authority to acquire — Conveyance or lease back.
Any county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic
preservation corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or
association, as such are defined in RCW 84.34.250, may acquire by purchase, gift, grant, bequest,
devise, lease, or otherwise, except by eminent domain, the fee simple or any lesser interest,
development right, easement, covenant, or other contractual right necessary to protect, preserve,
maintain, improve, restore, limit the future use of, or otherwise conserve, selected open space land,
farm and agricultural land, and timber land as such are defined in chapter 84.34 RCW for public use or
enjoyment. Among interests that may be so acquired are mineral rights. Any county, city, town,
metropolitan park district, metropolitan municipal corporation, nonprofit historic preservation
corporation as defined in RCW 64.04.130, or nonprofit nature conservancy corporation or association,
as such are defined in RCW 84.34.250, may acquire such property for the purpose of conveying or
leasing the property back to its original owner or other person under such covenants or other
contractual arrangements as will limit the future use of the property in accordance with the purposes of
chapter 243, Laws of 1971 ex. sess.
[1993 c 248 § 1; 1987 c 341 § 2; 1975-'76 2nd ex.s. c 22 § 1; 1971 ex.s. c 243 § 2.]
Notes:
Acquisition of interests in land for conservation, protection, preservation, or open space
purposes by certain entities: RCW 64.04.130.
Property tax exemption for conservation futures on agricultural land: RCW 84.36.500.
84.34.220
Acquisition of open space, land, or rights to future development by certain
entities — Developmental rights — "Conservation futures" — Acquisition —
Restrictions.
In accordance with the authority granted in RCW 84.34.210, a county, city, town, metropolitan park
district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in
RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in
RCW 84.34.250, may specifically purchase or otherwise acquire, except by eminent domain, rights in
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perpetuity to future development of any open space land, farm and agricultural land, and timber land
which are so designated under the provisions of chapter 84.34 RCW and taxed at current use
assessment as provided by that chapter. For the purposes of chapter 243, Laws of 1971 ex. sess.,
such developmental rights shall be termed "conservation futures". The private owner may retain the
right to continue any existing open space use of the land, and to develop any other open space use,
but, under the terms of purchase of conservation futures, the county, city, town, metropolitan park
district, metropolitan municipal corporation, nonprofit historic preservation corporation as defined in
RCW 64.04.130, or nonprofit nature conservancy corporation or association, as such are defined in
RCW 84.34.250, may forbid or restrict building thereon, or may require that improvements cannot be
made without county, city, town, metropolitan park district, metropolitan municipal corporation,
nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit nature
conservancy corporation or association, as such are defined in RCW 84.34.250, permission. The land
may be alienated or sold and used as formerly by the new owner, subject to the terms of the
agreement made by the county, city, town, metropolitan park district, metropolitan municipal
corporation, nonprofit historic preservation corporation as defined in RCW 64.04.130, or nonprofit
nature conservancy corporation or association, as such are defined in RCW 84.34.250, with the
original owner.
[1993 c 248 § 2; 1987 c 341 § 3; 1975-'76 2nd ex.s. c 22 § 2; 1971 ex.s. c 243 § 3.]
84.34.230
Acquisition of open space, etc., land or rights to future development by
certain entities — Additional property tax levy authorized.
Conservation futures are a useful tool for counties to preserve lands of public interest for future
generations. Counties are encouraged to use some conservation futures as one tool for salmon
preservation purposes.
For the purpose of acquiring conservation futures and other rights and interests in real property
pursuant to RCW 84.34.210 and 84.34.220, and for maintaining and operating any property acquired
with these funds, a county may levy an amount not to exceed six and one-quarter cents per thousand
dollars of assessed valuation against the assessed valuation of all taxable property within the county.
The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section. Any rights
or interests in real property acquired under this section after July 24, 2005, must be located within the
assessing county. Further, the county must determine if the rights or interests in real property acquired
with these funds would reduce the capacity of land suitable for development necessary to
accommodate the allocated housing and employment growth, as adopted in the countywide planning
policies. When actions are taken that reduce capacity to accommodate planned growth, the jurisdiction
shall adopt reasonable measures to increase the capacity lost by such actions.
[2005 c 449 § 1; 1995 c 318 § 8; 1994 c 301 § 33; 1973 1st ex.s. c 195 § 94; 1973 1st ex.s. c 195 § 145; 1971 ex.s. c 243 § 4.]
Notes:
Effective date -- 1995 c 318: See note following RCW 82.04.030.
Severability -- Effective dates and termination dates -- Construction -- 1973 1st
ex.s. c 195: See notes following RCW 84.52.043.
84.34.240
Acquisition of open space, etc., land or rights to future development by
certain entities — Conservation futures fund — Additional requirements,
authority.
Conservation futures are a useful tool for counties to preserve lands of public interest for future
generations. Counties are encouraged to use some conservation futures as one tool for salmon
preservation purposes.
(1) Any board of county commissioners may establish by resolution a special fund which may be
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termed a conservation futures fund to which it may credit all taxes levied pursuant to RCW 84.34.230.
Amounts placed in this fund may be used for the purpose of acquiring rights and interests in real
property pursuant to the terms of RCW 84.34.210 and 84.34.220, and for the maintenance and
operation of any property acquired with these funds. The amount of revenue used for maintenance
and operations of parks and recreational land may not exceed fifteen percent of the total amount
collected from the tax levied under RCW 84.34.230 in the preceding calendar year. Revenues from
this tax may not be used to supplant existing maintenance and operation funding. Any rights or
interests in real property acquired under this section must be located within the assessing county.
Further, the county must determine if the rights or interests in real property acquired with these funds
would reduce the capacity of land suitable for development necessary to accommodate the allocated
housing and employment growth, as adopted in the countywide planning policies. When actions are
taken that reduce capacity to accommodate planned growth, the jurisdiction shall adopt reasonable
measures to increase the capacity lost by such actions.
(2) In counties greater than one hundred thousand in population, the board of county
commissioners or county legislative authority shall develop a process to help ensure distribution of the
tax levied under RCW 84.34.230, over time, throughout the county.
(3)(a) Between July 24, 2005, and July 1, 2008, the county legislative authority of a county with a
population density of fewer than four persons per square mile may enact an ordinance offering a ballot
proposal to the people of the county to determine whether or not the county legislative authority may
make a one-time emergency reallocation of unspent conservation futures funds to pay for other county
government purposes, where such conservation futures funds were originally levied under RCW
84.34.230 but never spent to acquire rights and interests in real property.
(b) Upon adoption by the county legislative authority of a ballot proposal ordinance under (a) of this
subsection the county auditor shall: (i) Confer with the county legislative authority and review any
proposal to the people as to form and style; (ii) give the ballot proposal a number, which thereafter
shall be the identifying number for the proposal; (iii) transmit a copy of the proposal to the prosecuting
attorney; and (iv) submit the proposal to the people at the next general or special election that is not
less than ninety days after the adoption of the ordinance by the county legislative authority.
(c) The county prosecuting attorney shall within fifteen working days of receipt of the proposal
compose a concise statement, posed as a positive question, not to exceed twenty-five words, which
shall express and give a true and impartial statement of the proposal. Such concise statement shall be
the ballot title.
(d) If the measure is affirmed by a majority voting on the issue it shall become effective ten days
after the results of the election are certified.
(4) Nothing in this section shall be construed as limiting in any manner methods and funds
otherwise available to a county for financing the acquisition of such rights and interests in real
property.
[2005 c 449 § 2; 1971 ex.s. c 243 § 5.]
84.34.250
Nonprofit nature conservancy corporation or association defined.
As used in RCW 84.34.210, as now or hereafter amended, RCW 84.34.220, as now or hereafter
amended, and RCW 79A.15.010, "nonprofit nature conservancy corporation or association" means an
organization which qualifies as being tax exempt under 26 U.S.C. section 501(c) (of the Internal
Revenue Code) as it exists on June 25, 1976 and one which has as one of its principal purposes the
conducting or facilitating of scientific research; the conserving of natural resources, including but not
limited to biological resources, for the general public; or the conserving of open spaces, including but
not limited to wildlife habitat to be utilized as public access areas, for the use and enjoyment of the
general public.
[2009 c 341 § 6; 1975-'76 2nd ex.s. c 22 § 4.]
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84.34.300
Special benefit assessments for farm and agricultural land or timber land
— Legislative findings — Purpose.
The legislature finds that farming, timber production, and the related agricultural and forest industries
have historically been and currently are central factors in the economic and social lifeblood of the
state; that it is a fundamental policy of the state to protect agricultural and timber lands as a major
natural resource in order to maintain a source to supply a wide range of agricultural and forest
products; and that the public interest in the protection and stimulation of farming, timber production,
and the agricultural and forest industries is a basic element of enhancing the economic viability of this
state. The legislature further finds that farm land and timber land in urbanizing areas are often
subjected to high levels of property taxation and benefit assessment, and that such levels of taxation
and assessment encourage and even force the removal of such lands from agricultural and forest
uses. The legislature further finds that because of this level of taxation and assessment, such farm
land and timber land in urbanizing areas are either converted to nonagricultural and nonforest uses
when significant amounts of nearby nonagricultural and nonforest area could be suitably used for such
nonagricultural and nonforest uses, or, much of this farm land and timber land is left in an unused
state. The legislature further finds that with the approval by the voters of the Fifty-third Amendment to
the state Constitution, and with the enactment of chapter 84.34 RCW, the owners of farm lands and
timber lands were provided with an opportunity to have such land valued on the basis of its current
use and not its "highest and best use" and that such current use valuation is one mechanism to protect
agricultural and timber lands. The legislature further finds that despite this potential property tax
reduction, farm lands and timber lands in urbanized areas are still subject to high levels of benefit
assessments and continue to be removed from farm and forest uses.
It is therefore the purpose of the legislature to establish, with the enactment of RCW 84.34.300
through 84.34.380, another mechanism to protect agricultural and timber land which creates an
analogous system of relief from certain benefit assessments for farm and agricultural land and timber
land. It is the intent of the legislature that special benefit assessments not be imposed for the
availability of sanitary and/or storm sewerage service, or domestic water service, or for road
construction and/or improvement purposes on farm and agricultural lands and timber lands which have
been designated for current use classification as farm and agricultural lands or timber lands until such
lands are withdrawn or removed from such classification or unless such lands benefit from or cause
the need for the local improvement district.
The legislature finds, and it is the intent of RCW 84.34.300 through 84.34.380 and 84.34.922, that
special benefit assessments for the improvement or construction of sanitary and/or storm sewerage
service, or domestic water service, or certain road construction do not generally benefit land which has
been classified as open space farm and agricultural land or timber land under the open space act,
chapter 84.34 RCW, until such land is withdrawn from such classification or such land is used for a
more intense and nonagricultural use, or the land is no longer used as timber land. The purpose of
RCW 84.34.300 through 84.34.380 and 84.34.922 is to provide an exemption from certain special
benefit assessments which do not benefit timber land or open space farm and agricultural land, and to
provide the means for local governmental entities to recover such assessments in current dollar value
in the event such land is no longer devoted to farming or timber production under chapter 84.34 RCW.
Where the owner of such land chooses to make limited use of improvements related to special benefit
assessments, RCW 84.34.300 through 84.34.380 provides the means for the partial assessment on
open space timber and farm land to the extent the land is directly benefited by the improvement.
[1992 c 52 § 14; 1979 c 84 § 1.]
84.34.310
Special benefit assessments for farm and agricultural land or timber land
— Definitions.
As used in RCW 84.34.300 through 84.34.380, unless a different meaning is required, the words
defined in this section shall have the meanings indicated.
(1) "Farm and agricultural land" shall mean the same as defined in RCW 84.34.020(2).
(2) "Timber land" shall mean the same as defined in RCW 84.34.020(3).
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(3) "Local government" shall mean any city, town, county, water-sewer district, public utility district,
port district, irrigation district, flood control district, or any other municipal corporation, quasi-municipal
corporation, or other political subdivision authorized to levy special benefit assessments for sanitary
and/or storm sewerage systems, domestic water supply and/or distribution systems, or road
construction or improvement purposes.
(4) "Local improvement district" shall mean any local improvement district, utility local improvement
district, local utility district, road improvement district, or any similar unit created by a local government
for the purpose of levying special benefit assessments against property specially benefited by
improvements relating to such districts.
(5) "Owner" shall mean the same as defined in RCW 84.34.020(5) or the applicable statutes
relating to special benefit assessments.
(6) The term "average rate of inflation" shall mean the annual rate of inflation as determined by the
department of revenue averaged over the period of time as provided in RCW 84.34.330 (1) and (2).
Such determination shall be published not later than January 1 of each year for use in that
assessment year.
(7) "Special benefit assessments" shall mean special assessments levied or capable of being levied
in any local improvement district or otherwise levied or capable of being levied by a local government
to pay for all or part of the costs of a local improvement and which may be levied only for the special
benefits to be realized by property by reason of that local improvement.
[1999 c 153 § 71; 1992 c 52 § 15; 1979 c 84 § 2.]
Notes:
Part headings not law -- 1999 c 153: See note following RCW 57.04.050.
84.34.320
Special benefit assessments for farm and agricultural land or timber land
— Exemption from assessment — Procedures relating to exemption —
Constructive notice of potential liability — Waiver of exemption.
Any land classified as farm and agricultural land or timber land pursuant to chapter 84.34 RCW at the
earlier of the times the legislative authority of a local government adopts a resolution, ordinance, or
legislative act (1) to create a local improvement district, in which such land is included or would have
been included but for such classification, or (2) to approve or confirm a final special benefit
assessment roll relating to a sanitary and/or storm sewerage system, domestic water supply and/or
distribution system, or road construction and/or improvement, which roll would have included such
land but for such classification, shall be exempt from special benefit assessments or charges in lieu of
assessment for such purposes as long as that land remains in such classification, except as otherwise
provided in RCW 84.34.360.
Whenever a local government creates a local improvement district, the levying, collection and
enforcement of assessments shall be in the manner and subject to the same procedures and
limitations as are provided pursuant to the law concerning the initiation and formation of local
improvement districts for the particular local government. Notice of the creation of a local improvement
district that includes farm and agricultural land or timber land shall be filed with the county assessor
and the legislative authority of the county in which such land is located. The assessor, upon receiving
notice of the creation of such a local improvement district, shall send a notice to the owner of the farm
and agricultural land or timber land listed on the tax rolls of the applicable county treasurer of: (1) The
creation of the local improvement district; (2) the exemption of that land from special benefit
assessments; (3) the fact that the farm and agricultural land or timber land may become subject to the
special benefit assessments if the owner waives the exemption by filing a notarized document with the
governing body of the local government creating the local improvement district before the confirmation
of the final special benefit assessment roll; and (4) the potential liability, pursuant to RCW 84.34.330, if
the exemption is not waived and the land is subsequently removed from the farm and agricultural land
or timber land status. When a local government approves and confirms a special benefit assessment
roll, from which farm and agricultural land or timber land has been exempted pursuant to this section, it
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shall file a notice of such action with the assessor and the legislative authority of the county in which
such land is located and with the treasurer of that local government, which notice shall describe the
action taken, the type of improvement involved, the land exempted, and the amount of the special
benefit assessment which would have been levied against the land if it had not been exempted. The
filing of such notice with the assessor and the treasurer of that local government shall constitute
constructive notice to a purchaser or encumbrancer of the affected land, and every person whose
conveyance or encumbrance is subsequently executed or subsequently recorded, that such exempt
land is subject to the charges provided in RCW 84.34.330 and 84.34.340 if such land is withdrawn or
removed from its current use classification as farm and agricultural land or timber land.
The owner of the land exempted from special benefit assessments pursuant to this section may
waive that exemption by filing a notarized document to that effect with the legislative authority of the
local government upon receiving notice from said local government concerning the assessment roll
hearing and before the local government confirms the final special benefit assessment roll. A copy of
that waiver shall be filed by the local government with the assessor, but the failure of such filing shall
not affect the waiver.
Except to the extent provided in RCW 84.34.360, the local government shall have no duty to furnish
service from the improvement financed by the special benefit assessment to such exempted land.
[1992 c 69 § 17; 1992 c 52 § 16; 1979 c 84 § 3.]
Notes:
Reviser's note: This section was amended by 1992 c 52 § 16 and by 1992 c 69 § 17,
each without reference to the other. Both amendments are incorporated in the publication
of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
84.34.330
Special benefit assessments for farm and agricultural land or timber land
— Withdrawal from classification or change in use — Liability — Amount —
Due date — Lien.
Whenever farm and agricultural land or timber land has once been exempted from special benefit
assessments pursuant to RCW 84.34.320, any withdrawal from classification or change in use from
farm and agricultural land or timber land under chapter 84.34 RCW shall result in the following:
(1) If the bonds used to fund the improvement in the local improvement district have not been
completely retired, such land shall immediately become liable for: (a) The amount of the special benefit
assessment listed in the notice provided for in RCW 84.34.320; plus (b) interest on the amount
determined in (1)(a) of this section, compounded annually at a rate equal to the average rate of
inflation from the time the initial notice is filed by the governmental entity which created the local
improvement district as provided in RCW 84.34.320 to the time the owner withdraws such land from
the exemption category provided by this chapter; or
(2) If the bonds used to fund the improvement in the local improvement district have been
completely retired, such land shall immediately become liable for: (a) The amount of the special benefit
assessment listed in the notice provided for in RCW 84.34.320; plus (b) interest on the amount
determined in (2)(a) of this section compounded annually at a rate equal to the average rate of
inflation from the time the initial notice is filed by the governmental entity which created the local
improvement district as provided in RCW 84.34.320, to the time the bonds used to fund the
improvement have been retired; plus (c) interest on the total amount determined in (2)(a) and (b) of
this section at a simple per annum rate equal to the average rate of inflation from the time the bonds
used to fund the improvement have been retired to the time the owner withdraws such lands from the
exemption category provided by this chapter.
(3) The amount payable pursuant to this section shall become due on the date such land is
withdrawn or removed from its current use or timber land classification and shall be a lien on the land
prior and superior to any other lien whatsoever except for the lien for general taxes, and shall be
enforceable in the same manner as the collection of special benefit assessments are enforced by that
local government.
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[1992 c 52 § 17; 1979 c 84 § 4.]
84.34.340
Special benefit assessments for farm and agricultural land or timber land
— Withdrawal or removal from classification — Notice to local government
— Statement to owner of amounts payable — Delinquency date —
Enforcement procedures.
Whenever farm and agricultural land or timber land is withdrawn or removed from its current use
classification as farm and agricultural land or timber land, the county assessor of the county in which
such land is located shall forthwith give written notice of such withdrawal or removal to the local
government or its successor which had filed with the assessor the notice required by RCW 84.34.320.
Upon receipt of the notice from the assessor, the local government shall mail a written statement to the
owner of such land for the amounts payable as provided in RCW 84.34.330. Such amounts due shall
be delinquent if not paid within one hundred and eighty days after the date of mailing of the statement,
and shall be subject to the same interest, penalties, lien priority, and enforcement procedures that are
applicable to delinquent assessments on the assessment roll from which that land had been exempted,
except that the rate of interest charged shall not exceed the rate provided in RCW 84.34.330.
[1992 c 52 § 18; 1979 c 84 § 5.]
84.34.350
Special benefit assessments for farm and agricultural land — Use of
payments collected.
Payments collected pursuant to RCW 84.34.330 and 84.34.340, or by enforcement procedures
referred to therein, after the payment of the expenses of their collection, shall first be applied to the
payment of general or special debt incurred to finance the improvements related to the special benefit
assessments, and, if such debt is retired, then into the maintenance fund or general fund of the
governmental entity which created the local improvement district, or its successor, for any of the
following purposes: (1) Redemption or servicing of outstanding obligations of the district; (2)
maintenance expenses of the district; or (3) construction or acquisition of any facilities necessary to
carry out the purpose of the district.
[1979 c 84 § 6.]
84.34.360
Special benefit assessments for farm and agricultural land or timber land
— Rules to implement RCW 84.34.300 through 84.34.380.
The department of revenue shall adopt rules it shall deem necessary to implement RCW 84.34.300
through 84.34.380 which shall include, but not be limited to, procedures to determine the extent to
which a portion of the land otherwise exempt may be subject to a special benefit assessment for the
actual connection to the domestic water system or sewerage facilities, and further to determine the
extent to which all or a portion of such land may be subject to a special benefit assessment for access
to the road improvement in relation to its value as farm and agricultural land or timber land as
distinguished from its value under more intensive uses. The provision for limited special benefit
assessments shall not relieve such land from liability for the amounts provided in RCW 84.34.330 and
84.34.340 when such land is withdrawn or removed from its current use classification as farm and
agricultural land or timber land.
[1992 c 69 § 18; 1992 c 52 § 19; 1979 c 84 § 7.]
Notes:
Reviser's note: This section was amended by 1992 c 52 § 19 and by 1992 c 69 § 18,
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each without reference to the other. Both amendments are incorporated in the publication
of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW
1.12.025(1).
84.34.370
Special benefit assessments for farm and agricultural land or timber land
— Assessments due on land withdrawn or changed.
Whenever a portion of a parcel of land which was classified as farm and agricultural or timber land
pursuant to this chapter is withdrawn from classification or there is a change in use, and such land has
been exempted from any benefit assessments pursuant to RCW 84.34.320, the previously exempt
benefit assessments shall become due on only that portion of the land which is withdrawn or changed.
[1992 c 52 § 20; 1979 c 84 § 8.]
84.34.380
Special benefit assessments for farm and agricultural land or timber land
— Application of exemption to rights and interests preventing
nonagricultural or nonforest uses.
Farm and agricultural land or timber land on which the right to future development has been acquired
by any local government, the state of Washington, or the United States government shall be exempt
from special benefit assessments in lieu of assessment for such purposes in the same manner, and
under the same liabilities for payment and interest, as land classified under this chapter as farm and
agricultural land or timber land, for as long as such classification applies.
Any interest, development right, easement, covenant, or other contractual right which effectively
protects, preserves, maintains, improves, restores, prevents the future nonagricultural or nonforest use
of, or otherwise conserves farm and agricultural land or timber land shall be exempt from special
benefit assessments as long as such development right or other such interest effectively serves to
prevent nonagricultural or nonforest development of such land.
[1992 c 52 § 21; 1979 c 84 § 9.]
84.34.390
Application — Chapter 79.44 RCW — Assessments against public lands.
Nothing in RCW 84.34.300 through 84.34.340 or 84.34.360 through 84.34.380 shall amend the
provisions of chapter 79.44 RCW.
[1992 c 52 § 25.]
84.34.900
Severability — 1970 ex.s. c 87.
If any provision of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or circumstances is not
affected.
[1970 ex.s. c 87 § 15.]
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84.34.910
Effective date — 1970 ex.s. c 87.
The provisions of this act shall take effect on January 1, 1971.
[1970 ex.s. c 87 § 16.]
84.34.920
Severability — 1971 ex.s. c 243.
If any provision of this act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or circumstances is not
affected.
[1971 ex.s. c 243 § 9.]
84.34.921
Severability — 1973 1st ex.s. c 212.
If any provision of this 1973 amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other persons or circumstances
is not affected.
[1973 1st ex.s. c 212 § 20.]
84.34.922
Severability — 1979 c 84.
If any provision of this act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or circumstances is not
affected.
[1979 c 84 § 11.]
84.34.923
Effective date — 1992 c 69.
This act shall take effect January 1, 1993.
[1992 c 69 § 22.]
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City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT M
COUNCIL MEETING DATE:
September 13, 2010
SUBJECT:
Interlocal Agreement to jointly fund lobbying
activities for the SR 9 Coalition
DEPARTMENT OF ORIGIN:
Executive
Contact: Allen Johnson, 360-403-3441
ATTACHMENTS:
- Interlocal Agreement to jointly fund the costs of lobbying activities for the SR 9
Coalition.
EXPENDITURES REQUESTED:
BUDGET CATEGORY:
LEGAL REVIEW:
DESCRIPTION:
As previously discussed with the Council, the City Attorney for the city of Snohomish prepared
an Interlocal Agreement to jointly fund the costs of lobbying activities for the SR 9
Coalition. The parties to the agreement are the cities of Arlington, Lake Stevens, Marysville, and
Snohomish.
Upon execution of the Interlocal Agreement, the City of Marysville will to enter into a
professional services agreement with Strategies 360 for the purpose of obtaining effective
lobbying services to help secure funding for the Highway 9 improvements. The Interlocal
provides for an equal split of the lobbying costs between the four cities.
HISTORY:
The SR 9 Coalition was formed in order to secure funding for the necessary improvements to
SR 9 and ensure that our best interests are represented in the decision-making processes of the
Washington State Legislature and the Washington State Department of Transportation. Council
member Byrnes and Public Works Director Jim Kelly serve on the SR 9 Coalition.
ALTERNATIVES:
RECOMMENDED ACTION:
No action at this time. Council will be asked to approve the Interlocal Agreement at the
September 20, 2010 Council meeting.
/SN/S-10-040 Hwy9/ILA.082710
1
INTERLOCAL AGREEMENT FOR LOBBYING SERVICES
THIS INTERLOCAL AGREEMENT FOR LOBBYING SERVICES (“Agreement”) is entered
into by and between the City of Arlington, a Washington municipal corporation (“Arlington”), the
City of Marysville, a Washington municipal corporation (“Marysville”), the City of Lake Stevens, a
Washington municipal corporation (“Lake Stevens”), and the City of Snohomish, a Washington
municipal corporation (“Snohomish”) (collectively referred to hereinafter as the “Cities”).
WHEREAS, the Interlocal Cooperation Act, RCW Chapter 39.34, provides that public
agencies may enter into agreements for joint or cooperative action; and
WHEREAS, the Cities believe that certain improvements to Washington State Highway 9
are necessary and in the best interests of their respective communities; and
WHEREAS, the Cities desire to secure funding for the necessary improvements to Highway
9 and ensure that the best interests of their respective community is represented in the decision-
making processes of the Washington State Legislature with regard to this matter; and
WHEREAS, the City of Marysville is willing to enter into a professional services agreement
with Strategies 360 for the purpose of obtaining effective lobbying services to help secure funding
for the Highway 9 improvements; and
WHEREAS, the Cities further desire to enter into this Agreement for the purpose obtaining
lobbying services to help in securing funding for the Highway 9 improvements and to reimburse the
City of Marysville for the costs of said lobbying services; and
NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and
agreements set forth herein, it is agreed by and between the Cities as follows:
1. LOBBYING SERVICES
Contingent upon approval and execution of this Agreement, the City of Marysville shall enter into a
professional services agreement with Strategies 360 for the purpose of obtaining effective lobbying
services to help secure funding for the Highway 9 improvements. The scope of these lobbying
services is described in attached and incorporated Exhibit A. These lobbying services are divided in
Phase I and Phase II. Strategies 360 shall not proceed with Phase II until directed to do so by the
City of Marysville with the written concurrence of the Cities participating in this Agreement. Said
written concurrence may be provided by the Chief Administrative Officer of each participating City
in the form of a letter, memorandum or email without the need for further action by the City Council
of the respective City.
/SN/S-10-040 Hwy9/ILA.082710
2
2. PAYMENT
The City of Marysville shall pay Strategies 360 on a monthly basis in accordance with the
professional services agreement for all lobbying services performed on behalf of the Cities. During
Phase I, Marysville shall pay Strategies 360 One Thousand Seven Hundred and Fifty Dollars
($1,750.00) per month. During Phase II, Marysville shall pay Strategies 360 Three Thousand Five
Hundred Dollars ($3,500.00) per month. Each participating City shall be responsible for an equal
share of the costs due to the Consultant for each monthly invoice during each phase and shall
reimburse the City of Marysville for their respective monthly share of the costs and shall do so
within thirty (30) calendar days of receipt of appropriate documentation from the City of Marysville.
3. TERM AND TERMINATION OF AGREEMENT
A. This Agreement shall become effective upon execution by the Cities and shall continue in
effect unless terminated as provided below.
B. Any City may withdraw from and terminate participation under this Agreement upon the
giving of thirty (30) calendar days advance written notice of intent to withdraw/terminate to the other
Cities. A withdrawing City shall be responsible for its proportionate share of compensation due the
City of Marysville under Section 2 for the month when the City’s withdrawal/termination is
effective.
C. A majority of the participating Cities may terminate this Agreement at any time. Such
termination shall be set forth in a document signed by the authorized Chief Executive Officer or
designee of a majority of the participating Cities.
4. EXTENT OF AGREEMENT/MODIFICATION
This Agreement, together with attachments or addenda, represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement may be amended, modified or added to only by written
instrument properly signed by all participating Cities.
5. SEVERABILITY
A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be
illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected,
and the parties’ rights and obligations shall be construed and enforced as if the Agreement did not
contain the particular provision held to be invalid.
B. If any provision of this Agreement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and
void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision.
/SN/S-10-040 Hwy9/ILA.082710
3
6. NOTICES
Unless otherwise directed in writing, notices, reports, invoices, payments and other documents shall
be delivered to each City as follows:
City of Arlington City of Lake Stevens
Attn: Attn:
Arlington WA 98223 Lake Stevens WA 98258
City of Marysville City of Snohomish
Attn: Attn:
Marysville WA 98270 Snohomish WA 98290
Notices mailed by any party shall be deemed effective on the date mailed. Any party may change its
address for receipt of reports, notices, invoices, payments and other documents by giving the other
parties written notice of not less than seven (7) calendar days prior to the effective date.
7. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
8. VENUE
The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of
Washington for Kitsap County, Washington.
9. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original, but all of which shall constitute one and the same Agreement.
10. FILING.
As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the
respective City Clerk of each participating City and the Snohomish County Auditor, or, alternatively,
listed by subject on the website of each participating City and the County.
/SN/S-10-040 Hwy9/ILA.082710
4
IN WITNESS WHEREOF, the parties have executed this Agreement as of , 2010.
CITY OF ARLINGTON
CITY OF LAKE STEVENS
____________________________ ___________________________
Margaret Larson, Mayor Vern Little, Mayor
ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED:
____________________________ _____________________________
Kristin Banfield, City Clerk Norma Scott, City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM
______________________________ ____________________________
Steven Peiffle, City Attorney Grant K. Weed, City Attorney
CITY OF MARYSVILLE
CITY OF SNOHOMISH
____________________________ ___________________________
Jon Nehring, Mayor Larry Bauman, City Manager
ATTEST/AUTHENTICATED: ATTEST/AUTHENTICATED:
____________________________ _____________________________
Tracy Jeffries, City Clerk Torchie Corey, City Clerk
APPROVED AS TO FORM APPROVED AS TO FORM
______________________________ ____________________________
Grant K. Weed, City Attorney Grant K. Weed, City Attorney