HomeMy WebLinkAbout06-14-10 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. (10 minutes) ILA for fire investigation services ATTACHMENT A
2. (10 minutes) 173rd Alignment Discussion HANDOUT
3. (5 minutes) Extension of Mitigation Agreement with Snohomish ATTACHMENT B
County for North County Solid Waste Transfer Station
4. (15 minutes) Bond Sale ATTACHMENT C
5. (15 minutes) Purchase of new Financial Software Package ATTACHMENT D
6. (15 minutes) Review of AMC Title 16 ATTACHMENT E
7. (10 minutes) Dog licenses ATTACHMENT F
8. Miscellaneous Council items
ADJOURNMENT
To download all attachments click here.
Effective July 1, 2010, the City of Arlington will no longer publish the
Arlington City Council Agenda in the newspaper.
To review the Arlington City Council meeting agenda and attachments,
please visit www.arlingtonwa.gov . To receive notice when a new City
Council agenda is available, please visit www.arlingtonwa.gov and click on
“Email Sign Up”.
Arlington City Council Workshop
June 14, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP ITEM #1
ATTACHMENT A
COUNCIL MEETING DATE:
June 14, 2010
SUBJECT:
Interlocal Agreement for Fire Investigative
Services
DEPARTMENT OF ORIGIN:
FIRE
Contact: Jim Rankin, Fire Chief
ATTACHMENTS:
Proposed Agreement
EXPENDITURES REQUESTED: None
BUDGET CATEGORY:
LEGAL REVIEW: In Progress
DESCRIPTION:
The existing agreement for fire investigation services expired March 2008. The agreement
provides fire investigation services through the County Fire Marshal’s Office. Services included
in the agreement are: Cause and origin determination; Documentation of the investigation
scene; interviewing witnesses; and coordination with the Police Department on any necessary
criminal investigation follow-up.
HISTORY:
The City has had an agreement for fire investigation services for many years. Through this
agreement the City has available to it all five members of the County Fire Marshal’s
Investigation Unit at a very reasonable cost. By entering into this agreement the City is only
charged for a single hourly rate irrespective of how many investigators are need to conduct the
investigation.
ALTERNATIVES:
Send fire and police personnel to fire investigation certification courses.
RECOMMENDED ACTION:
Approve the interlocal agreement and authorize the Mayor to sign the agreement.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP ITEM #3
ATTACHMENT B
COUNCIL WORKSHOP DATE:
June 14, 2010
SUBJECT:
One Year Extension to the Arlington and
Snohomish County North County Recycling and
Transfer (NCRTS) Traffic Mitigation Agreement
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
Extension Agreement
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending final review by City Attorney
DESCRIPTION:
One-year extension to the 1992 Arlington and Snohomish County Settlement and Mitigation
Agreement for the NCRTS with an agreement to draft a new Mitigation Agreement before the
expiration of this one-year extension.
HISTORY:
In 1992 the City of Arlington and Snohomish County entered into a “Settlement and Mitigation
Agreement” to resolve various traffic mitigation issues related to the operation of the County’s
North County Recycling and Transfer Station (NCRTS).
In 1998 the City and County made an amendment to the Agreement that:
- based the mitigation fees on measured hauled refuse tonnage,
- established an agreed inflationary factor,
- establish July 31st as the annual starting date by which to measure refuse tonnage,
- and required the agreement be review every three years.
The City reviewed and extended the agreement in 2001, 2004, and 2007. The agreement
extension before you now agrees to a one year extension and agrees to work to rewrite the 1992
mitigation agreement.
ALTERNATIVES:
- Bring back for additional discussion at a later date
RECOMMENDED ACTION:
- Discussion only – no action is being requested.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP ITEM #4
ATTACHMENT C
COUNCIL MEETING DATE:
June 14, 2010
SUBJECT:
2010 Financings
DEPARTMENT OF ORIGIN:
Executive/Finance
CONTACT: Allen Johnson, 403-3443
Jim Chase, 403-3422
ATTACHMENTS:
1. Preliminary Official Statement
EXPENDITURES REQUESTED: Refinance 2001 LTGO
Sell additional Bonds to Remodel Fire Stat. 46 and
purchase land at the airport.
BUDGET CATEGORY: Debt
LEGAL REVIEW:
DESCRIPTION:
It is advantageous to refinance the 2001 Limited Tax General Obligation Bonds to take
advantage of current low interest rates.
Additional funds are needed to fund the remodel of Fire Station 46 and to purchase land at the
airport in the Runway Protection Zone.
HISTORY:
Jane Towery, Managing Director with Piper Jaffray & Co., has determined the City could save
approximately $125,000 in interest payments over the next 11 years by refinancing the 2001
LTGO Bonds. The 2001 Bonds pay interest at 4.25% to 4.90%. It is estimated by refinancing the
rates would be between 2.00% to 4.00%.
New money, to finance the fire station remodel, would pay interest up to 4.50% in the later years
(20 year financing) but would be structured to allow early for redemption. The FAA will be
providing assistance with the airport land in the form of a grant. That grant, however, will not
be available until 2013.
Jane Towery originally directed the 2001 LTGO bond sales. She was with Bank of America
Securities LLC at that time.
ALTERNATIVES:
1. Table for additional review
2. Do not refinance 2001 LTGO Issue
3. Only finance the fire station remodel and airport land through bonds or loans with the
possibility of higher interest payments.
RECOMMENDED ACTION:
Refinance the 2001 LTGO and borrow the additional funds for the fire station remodel and
airport property through a bond sale with Piper Jaffray.
PRELIMINARY OFFICIAL STATEMENT DATED JUNE __, 2010
NEW ISSUE RATING: Requested (Moody’s)
BANK QUALIFIED BOOK-ENTRY ONLY
In the opinion of Bond Counsel, under existing federal law and assuming compliance with applicable requirements of the nternal Revenue Code of 1986, as amended
(the “Code”) that must be satisfied subsequent to the issue date of the Bonds, interest on the Bonds is excluded from gross income for federal income tax purposes and is
not an item of tax preference for purposes of the alternative minimum tax applicable to individuals. However, while interest on the Bonds also is not an item of tax
preference for purposes of the alternative minimum tax applicable to corporations, interest on the Bonds received by corporations is taken into account in the computation
of adjusted current earnings for purposes of the alternative minimum tax applicable to corporations , interest on the Bonds received by certain S corporations may be
subject to tax, and interest on the Bonds received by foreign corporations with United States branches may be subject to a foreign branch profits tax. Receipt of interest on
the Bonds may have other federal tax consequences for certain taxpayers. See the caption “TAX EXEMPTION” herein.
CITY OF ARLINGTON, WASHINGTON
$6,075,000*
Limited Tax General Obligation and Refunding Bonds, Series 2010
DATED: Date of Delivery DUE: December 1, as shown on inside cover
The City of Arlington, Washington (the “City”) Limited Tax General Obligation and Refunding Bonds, Series 2010 (the
“Bonds”) will be issued in fully registered form and when issued, will be registered in the name of Cede & Co., as bond owner
and nominee for The Depository Trust Company, New York, New York (“DTC”). DTC will act as securities depository for the
Bonds. The Bonds will be initially issued in Book-Entry form only in the denomination of $5,000 or any integral multiple thereof
within a single maturity. Purchasers will not receive certificates representing their interest in the Bonds purchased.
The Bonds will bear interest payable on December 1, 2010 and semiannually thereafter on June 1 and December 1 of each year,
to the maturity or prior redemption of the Bonds. The principal of and interest on the Bonds are payable by the fiscal agency of
the State of Washington, currently, The Bank of New York Mellon, New York, New York (the “Fiscal Agent” or “Bond
Registrar”). For so long as the Bonds remain in a “book-entry only” transfer system, the Bond Registrar will make such
payments only to DTC, which will in turn remit such principal and interest to the DTC participants for subsequent
disbursement to Beneficial Owners of the Bonds. See Appendix C - “DTC & BOOK-ENTRY SYSTEM” hereto.
The Bonds maturing on or after December 1, 2020 are subject to redemption prior to their stated maturity dates, at the option
of the City, at any time on or after June 1, 2020, as a whole or in part (within one or more maturities selected by the City and
randomly within a maturity in such manner as the Bond Registrar shall determine), a t par plus accrued interest to the date fixed
for redemption. See „DESCRIPTION OF THE BONDS – Redemption Provisions” herein.
MATURITY SCHEDULE - SEE INSIDE COVER
The Bonds are limited tax general obligations of the City. The full faith , credit and resources of the City are pledged irrevocably
for the annual levy and collection of property taxes within the constitutional and statutory limitations provided by law without a vote of
the electors, in an amount sufficient, together with other money legally available to be used therefor, to pay when due the
principal of and interest on the Bonds.
The Bonds do not constitute a debt or indebtedness of the State of Washington or any political subdivision thereof other than
the City. The City has designated the Bonds as “qualified tax-exempt obligations” for purposes of Section 265(b)(3) of the
Internal Revenue Code of 1986, as amended. See “TAX EXEMPTION” herein.
The Bonds are offered by the Underwriter when, as and if issued, with the approving legal opinion o f Foster Pepper PLLC,
Bond Counsel, Seattle, Washington. It is expected that the Bonds in book-entry form will be ready for delivery through the
facilities of DTC in New York, New York, by Fast Automated Securities Transfer, on or around August 18, 2010.
This cover page contains certain information for quick reference only. It is not a summary of this issue. Investors must re ad the entire Official
Statement to obtain information essential to the making of an informed investment decision.
*Preliminary, subject to change.
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CITY OF ARLINGTON, WASHINGTON
$6,075,000*
LIMITED TAX GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 2010
MATURITY SCHEDULE
SERIAL BONDS
Due Interest Price or
Dec. 1 Amount* Rate Yield CUSIP No. (1)
2010 $60,000 042038 ___
2011 100,000 042038 ___
2012 385,000 042038 ___
2013 395,000 042038 ___
2014 410,000 042038 ___
2015 415,000 042038 ___
2016 435,000 042038 ___
2017 450,000 042038 ___
2018 475,000 042038 ___
2019 495,000 042038 ___
2020 515,000 042038 ___
2021 530,000 042038 ___
2022 130,000 042038 ___
2023 140,000 042038 ___
2024 145,000 042038 ___
2025 150,000 042038 ___
TERM BONDS
Due Interest Price or
Dec. 1 Amount* Rate Yield CUSIP No. (1)
2030 $845,000 042038 ___
(1) The CUSIP numbers are included in this Official Statement for convenience of the holders and potential holders of the Bonds.
Copyright 2009, American Bankers Association. The CUSIP numbers herein are provided by CUSIP Global Service. CUSIP Global
Service is managed on behalf of the American Bankers Association by Standard and Poor‟s. These numbers are not intended to create
a database and do not serve in any way as a substitute for the CUSIP Service. CUSIP numbers are subject to change. The Cit y takes
no responsibility for the accuracy of such CUSIP numbers.
* Preliminary, subject to change.
No dealer, broker, sales representative or other person has been authorized by the City or Piper Jaffray & Co.
(the “Underwriter”) to give any information or to make any representations with respect to the Bonds other
than those contained herein and, if given or made, such other information or representations must not be relied
upon as having been authorized by any of the foregoing. This Official Stateme nt does not constitute an offer
to sell or the solicitation of an offer to buy, nor there be any sale of the Bonds by any person, in any
jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale.
- - - - - -
The information set forth or included in this Official Statement has been provided by the City and from other
sources believed by the City to be reliable but is not guaranteed as to accuracy or completeness and it is not to
be construed as a representation by the Unde rwriter. The Underwriter has reviewed the information in this
Official Statement in accordance with, and as a part of, its responsibilities to investors under the federal
securities laws as applied to the facts and circumstances of this transaction, but t he Underwriter does not
guarantee the accuracy or completeness of such information. The information and expressions of opinion
herein are subject to change without notice, and neither the delivery of this Official Statement nor any sale
hereunder shall create any implication that there has been no change in the financial condition or operations of
the City described herein since the date hereof. This Official Statement contains, in part, estimates and matters
of opinion that are not intended as statements of fact, and no representation or warranty is made as to the
correctness of such estimates and opinions or that they will be realized.
- - - - - -
The Bonds have not been registered with the Securities and Exchange Commission under the Securities Act of
1933, in reliance upon a specific exemption contained in such act. The Bonds may, however, be subject to
registration or qualification under the securities laws of various states, and may not be transferred in violation
of such state laws. The registration or qualification of the Bonds in accordance with applicable provisions of
the securities laws of the states in which the Bonds have been registered or qualified, if any, and exemption
from registration or qualification in other states, shall not be regar ded as a recommendation thereof. No state
nor any state or federal agency has passed upon the merits of these Bonds or the accuracy or completeness of
this Official Statement. Any representation to the contrary may be a criminal offense.
- - - - - -
This Preliminary Official Statement has been “deemed final” as of its date by the City pursuant to Rule 15c2 -12
of the Securities and Exchange Commission except for the omission of offering prices, interest rates, selling
compensation, aggregate principal amount, principal amount per maturity, delivery dates, and other terms of
the Bonds depending on such matters, in accordance with Section 240.15c2-12(b)(1) of Chapter 11 of Title 17
of the Code of Federal Regulations. The City has also undertaken to provide c ontinuing disclosure on certain
matters, including annual financial information and specific material events, as more fully describe d herein
under “CONTINUING DISCLOSURE.”
CITY OF ARLINGTON, WASHINGTON
238 N. Olympic Avenue
Arlington, WA 98223
(360) 403-3421
www.ci.arlington.wa.us*
MAYOR
Term Expires
CITY COUNCIL
Member Term Expires
APPOINTED OFFICIALS
BOND COUNSEL
BOND REGISTRAR
* The City‟s website is not part of this Official Statement, and investors should not rely on information
presented in the City‟s website in determining whether to purchase the Bonds. This inactive textual
reference to the City‟s website is not a hyperlink and does not incorporate the City‟s website by reference.
TABLE OF CONTENTS
INTRODUCTION ............................................................................................................................................................................ 1
DESCRIPTION OF THE BONDS............................................................................................................................................... 1
Principal Amounts, Dates, Interest Rates, and Maturities ...................................................................................................... 1
Form, Denomination and Registration ....................................................................................................................................... 1
Authorization of Bonds ................................................................................................................................................................. 1
Purpose and Use of Proceeds ...................................................................................................................................................... 1
Fiscal Agent .................................................................................................................................................................................... 2
Redemption Provisions.................................................................................................................................................................. 2
Notice of Redemption ................................................................................................................................................................... 2
Open Market Purchase .................................................................................................................................................................. 3
Failure to Redeem the Bonds ....................................................................................................................................................... 3
Defeasance of the Bonds ............................................................................................................................................................... 3
Book-Entry Bonds .......................................................................................................................................................................... 3
Transfer and Exchange ................................................................................................................................................................. 3
SECURITY FOR THE BONDS .................................................................................................................................................... 4
SOURCES AND USES OF FUNDS ............................................................................................................................................. 4
TAXING AUTHORITY .................................................................................................................................................................. 4
Regular Property Tax Limitations ................................................................................................................................................ 4
Assessed Value ................................................................................................................................................................................ 5
Overlapping Taxing Districts ....................................................................................................................................................... 6
Property Tax Rates and Tax Levies ............................................................................................................................................. 6
TAX COLLECTION ........................................................................................................................................................................ 7
Tax Collection Procedures ............................................................................................................................................................ 7
Tax Collection Record .................................................................................................................................................................. 7
Collection of Other Taxes ............................................................................................................................................................ 7
Major Taxpayers ............................................................................................................................................................................. 8
AUTHORIZATION OF INDEBTEDNESS ............................................................................................................................. 8
General Obligation Indebtedness ................................................................................................................................................ 8
Limits on Amount of General Obligation Indebtedness ........................................................................................................ 8
Authorization of Short-Term Debt ............................................................................................................................................. 9
DEBT INFORMATION................................................................................................................................................................. 9
DEBT PAYMENT RECORD ...................................................................................................................................................... 11
FUTURE FINANCING ................................................................................................................................................................. 11
STATEMENT OF GENERAL FUND REVENUES AND EXPENDITURES ........................................................... 12
GENERAL FUND BUDGET OF THE CITY ........................................................................................................................ 13
CITY PROFILE .............................................................................................................................................................................. 14
Government Organization ......................................................................................................................................................... 14
Labor Relations ............................................................................................................................................................................. 14
Retirement Plans ........................................................................................................................................................................... 14
Other Post-Employment Benefits ............................................................................................................................................ 15
Insurance ....................................................................................................................................................................................... 15
Accounting and Budgeting Policies ........................................................................................................................................... 16
Auditing of City Finances ............................................................................................................................................................ 16
Authorized Investments .............................................................................................................................................................. 16
GENERAL AND ECONOMIC INFORMATION ................................................................................................................ 17
Population ..................................................................................................................................................................................... 17
Largest Employers ....................................................................................................................................................................... 18
Economic Data ............................................................................................................................................................................ 18
INITIATIVE AND REFERENDUM......................................................................................................................................... 21
TAX EXEMPTION ........................................................................................................................................................................ 21
LITIGATION ................................................................................................................................................................................... 22
CONTINUING DISCLOSURE UNDERTAKING ............................................................................................................... 22
Compliance with Continuing Disclosure Undertakings ........................................................................................................ 23
BOND RATING .............................................................................................................................................................................. 23
APPROVAL OF BOND COUNSEL .......................................................................................................................................... 23
LIMITATIONS ON REMEDIES ................................................................................................................................................ 23
CONFLICTS OF INTEREST ...................................................................................................................................................... 23
UNDERWRITING .......................................................................................................................................................................... 24
CONCLUDING STATEMENT .................................................................................................................................................. 24
FORM OF LEGAL OPINION................................................................................................... ............................ Appendix A
2008 AUDITED FINANCIALS.................................................................................................. ............................ Appendix B
DTC & BOOK-ENTRY SYSTEM.......................................................................................................................... Appendix C
PRELIMINARY OFFICIAL STATEMENT
CITY OF ARLINGTON, WASHINGTON
$6,075,000*
Limited Tax General Obligation and Refunding Bonds,
Series 2010
INTRODUCTION
The City of Arlington, Washington (the “City”), a municipal corporation duly organized and existing under and by virtue of the
laws of the State of Washington (the “State”), furnishes this Official Statement in connection with the offering of $6,075,000*
principal amount of Limited Tax General Obligation and Refunding Bonds, Series 2010 (the “Bonds”). This Official Statement
provides information concerning the City and the Bonds.
DESCRIPTION OF THE BONDS
Principal Amounts, Dates, Interest Rates, and Maturities
The Bonds are being issued in the principal amount of $6,075,000*. The Bonds will be dated and bear interest from their date of
initial delivery to the Underwriter. The Bonds will mature on the dates and in the principal amounts as set forth on the inside
cover of this Official Statement.
The Bonds will bear interest payable semiannually, on each June 1 and December 1, commencing December 1, 2010, at the rates
set forth on the inside cover of this Official Statement. Interest on the Bonds will be computed on the basis of a 360 -day year of
twelve 30-day months.
Form, Denomination and Registration
The Bonds will be issued in fully registered form as to both principal and interest in the denomination of $5,000 each or any
integral multiple thereof within a single maturity and series. The Bonds, when issued, will be registered in the name of Cede &
Co., as registered owner and nominee of the Depository Trust Company, New York, New York (“DTC”).
DTC will act as securities depository for the Bonds. Individual purchases may be made in Book-Entry form only. Purchasers will
not receive certificates representing their interest in the Bonds purchased. So long as Cede & Co. is the registered owner o f the
Bonds, as nominee of DTC, references herein to the registered owners or bond owners will mean Cede & Co. and will not mean
the “Beneficial Owners” of the Bonds. In this Official Statement, the term “Beneficial Owner” will mean the person for which a
DTC participant acquires an interest in the Bonds. See Appendix C - “DTC & BOOK-ENTRY SYSTEM” hereto.
Authorization of Bonds
The Bonds are issued in accordance with the provisions of the Constitution and ch. 39.36, 39.46 and 39.53 of the RCW and other
applicable statutes of the State, pursuant to Ordinance No. ____ (the “Bond Ordinance”) of the City Council passed on July 19,
2010.
Purpose and Use of Proceeds
The Bonds are being issued for the purpose of providing a portion of the funds to pay the cost of purchasing Airport Land,
remodeling Fire Station #46, to advance refund the City‟s outstanding Limited Tax General Obligation Bonds, Series 2001 (the
“Refunded Bonds”), [refund loan with Snohomish County] and to pay costs of issuance. See “Refunding Plan” below.
Refunding Plan
Depending on market conditions, upon issuance of the Bonds, certain proceeds of the Bonds, together with other money of the
City, will be deposited with U.S. Bank National Association, the Refunding Trustee, and held in cash or used to acquire Acqui red
Obligations in an amount sufficient to pay the principal of and interest on the 2001 Bonds when due on October 1, 2011.
The following table provides a listing of the Refunded Bonds.
____________________
*Preliminary; subject to change.
Maturity
Years Principal Interest Call Call CUSIP No.
(October 1) Amounts Rates Date Price (%) (042038)
Verification of Mathematical Calculations
Grant Thornton, independent certified public accountants, will verify the accuracy of the mathematical computations concerning
the adequacy of the maturing principal amounts of and interest earned on the Acquired Obligations, to be placed together with
other escrowed money in the escrow account to pay when due pursuant to the call for redemption, the principal of and interest
on the Refunded Bonds. The verification will also confirm the mathematical computations supporting the conclusion of Bond
Counsel that the Bonds are not “arbitrage bonds” as defined by Section 148 of the Code.
Fiscal Agent
The principal of and interest on the Bonds are payable by the fiscal agency of the State of Washington, currently The Bank of
New York Mellon, in New York, New York (the “Bond Registrar”) as paying agent and registrar, to DTC, which in turn is
obligated to remit such principal and interest to DTC participants for subsequent disbursement to the Beneficial Owners of th e
Bonds as described under “Book-Entry Bonds” and Appendix C – „DTC & BOOK-ENTRY SYSTEM” herein.
Redemption Provisions
Optional Redemption – The Bonds maturing on or after December 1, 20 20 are subject to redemption prior to their stated maturity
dates, at the option of the City, at any time on or a fter June 1, 2020, as a whole or in part (within one or more maturities selected
by the City and randomly within a maturity in such manner as the Bond Registrar shall determine), at par plus accrued interes t to
the date fixed for redemption.
For so long as the Bonds are in book-entry form, the selection of Bonds within a maturity to be redeemed and the manner of
providing notice of redemption to beneficial owners shall be governed by the Letter of Representation between the City and
DTC. If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond at either of the principal
offices of the Bond Registrar, there will be issued to the registered owner, without charge, a new Bond or Bonds, at the opti on of
the registered owner, of the same maturity and interest rate in any of the denominations authorized by the Bond Ordinances.
Mandatory Redemption – The Bonds maturing on December 1, 2030 are subject to mandatory redemption prior to maturity at the
redemption price of 100% of the principal amount thereof (without premium) plus accrued interest to the date fixed for
redemption, on December 1, in the years and in the amounts set forth below:
2030 Term Bond
Due December 1 Mandatory Redemption (1)
*
_____________________
* Maturity
(1) Preliminary, subject to change.
If the City redeems under the optional redemption provisions, purchases in the open market or defeases Term Bonds, the
principal amount of the Term Bonds so redeemed, purchased or defeased (irrespective of their actual redemption or purchase
prices) will be credited against one or more scheduled mandatory redemption amounts for those Term Bonds.
Notice of Redemption
So long as the Bonds are in book-entry only form, the Fiscal Agent will notify DTC of an early redemption not less than 30 days
prior to the date fixed for redemption, and will provide such information as required by the Letter of Representations betwee n
the City and DTC.
During any period in which the Bonds are not in book-entry form, unless waived by an owner of the Bonds to be redeemed,
notice of any intended redemption of Bonds will be given by the Fiscal Agent on behalf of the City not less than 30 nor more
than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the registered owner of any Bond to be
redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, as described in the
Bond Ordinances. Interest on Bonds called for redemption will cease to accrue on the date fixed for redemption unless the Bond
or Bonds called are not redeemed when presented pursuant to the call.
Open Market Purchase
The City has reserved the right and option to purchase any o r all of the Bonds in the open market at any time at any price
acceptable to the City plus accrued interest to the date of purchase.
Failure to Redeem the Bonds
If any Bond is not redeemed when properly presented at its maturity or call date, the City wil l pay interest on that Bond at the
same rate provided on the Bond from and after its maturity or call date until that Bond is paid in full or until sufficient m oney for
its payment in full is on deposit in a special account created by the City for such pur pose.
Defeasance of the Bonds
If money and/or direct obligations (as defined in chapter 39.53 RCW) are irrevocably set aside in a special account of the Ci ty to
effect redemption and retirement of all or a portion of the Bonds, and such amounts (includin g interest earning thereon) are
pledged for such purpose, then no further payments need be made into the bond redemption fund of the City for the payment of
the principal of and interest on the Bonds, and such Bonds shall cease to be entitled to any lien, benefit or security of the Bond
Ordinance except the right to receive the moneys so set aside and pledged, and such Bonds shall be deemed not to be
outstanding.
Book-Entry Bonds
DTC will act as securities depository for the Bonds. The ownership of one fu lly registered Bond for each maturity of the Bonds,
as set forth on the inside cover of this Official Statement, each in the aggregate principal amount of such maturity, will be
registered in the name of Cede & Co., as nominee for DTC. See Appendix C – “BOOK-ENTRY TRANSFER SYSTEM.”
Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for who m
they act as nominees with respect to the Bonds in respect of the accuracy of any records maintained b y DTC (or any successor
depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in
respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to registered owners under
the Bond Ordinances (except such notices as are required to be given by the City to the Bond Registrar or to DTC (or any
successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the registered owner.
For so long as any Bonds are held in fully immobilized form under the Bond Ordinance s, DTC or its successor depository will be
deemed to be the registered owner for all purposes thereunder, and all references therein to the registered ow ners will mean DTC
(or any successor depository) or its nominee and will not mean the owners of any beneficial interest in such Bonds.
In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be paid by check or draf t mailed
to the registered owners at the addresses for such registered owners appearing on the Bond Register on the 15 th day of the month
preceding the interest payment date, and principal of the Bonds will be payable upon presentation and surrender of suc h Bonds
by the registered owners at the principal office of the Bond Registrar.
Transfer and Exchange
Neither the City nor the Bond Registrar shall be required to transfer or exchange Bonds from the record date next preceding a n
interest payment date of the Bonds through and including such interest payment date or from the record date next preceding any
selection of Bonds to be redeemed or thereafter until the first mailing of any notice of redemption, or to transfer or exchange any
Bonds called for redemption. For purposes hereof, record date shall mean in the case of each interest payment date, the Bond
Registrar‟s close of business on the 15th day of the month immediately preceding such interest payment date, and, in the case of
each redemption, such record date shall be specified by the Bond Registrar in the notice of redemption, provided that such record
date shall not be less than 15 calendar days before the mailing of such notice of redemption.
For every transfer and exchange of the Bonds, the Benefic ial Owner may be charged a sum sufficient to cover any tax, fee or
other governmental charge that may be imposed in relation thereto, and any reasonable fees and expenses of the Bond Registrar
and costs incurred in preparing bond certificates.
SECURITY FOR THE BONDS
The Bonds are limited tax general obligation bonds of the City and are secured by the full faith, credit and resources of the City.
The City, as authorized by state law and the Bond Ordinance, has pledged irrevocably for the annual levy and collection of
property taxes within the constitutional and statutory limitations provided by law without a vote of the electors , in an amount sufficient, together
with other money legally available therefor, to pay principal of and interest on the Bonds.
The rights and remedies of anyone seeking enforcement of the Bonds are subject to applicable bankruptcy or insolvency laws or
other similar laws generally affecting creditors‟ rights and principles of equity if equitable remedies are sought. The Bond s are not
a debt or indebtedness of Snohomish County, the State or any political subdivision thereof other than the City.
SOURCES AND USES OF FUNDS
Sources of Funds
Par Amount of Bonds $6,075,000*
Original Issue Premium ________
Total Sources of Funds $_______
Uses of Funds
Project Fund $
Refund 2001 Bonds
Issuance Expenses and Underwriter's Discount ________
Total Uses of Funds $_______
______________________
* Preliminary; subject to change
TAXING AUTHORITY
The following provides a general description of the City‟s taxing authority and limitations, the method of determining the assessed
value of real and personal property, tax collection procedures, and tax collection information.
The City is authorized to levy both “regular” property taxes and “exces s” property taxes.
Regular property taxes, such as the taxes pledged to the payment of the Bonds, are subject to constitutional and statutory
limitations as to rates and amounts and commonly are imposed by taxing districts for general municipal purposes, i ncluding the
payment of debt service on limited tax general obligation indebtedness, such as the Bonds. Regular property taxes do not req uire
voter approval except as described below.
Excess property taxes, such as the taxes levied for the payment of voted bonds, are not subject to limitation as to rates or
amounts but must be authorized by a 60 percent approving popular vote, as provided in Article VII, Section 2, of the State
Constitution and RCW 84.52.052. To be valid, such popular vote must have a minimum voter turnout of 40 percent of the
number who voted at the last City general election, except that one -year excess tax levies also are valid if the turnout is less than
40 percent and the measure receives a number of affirmative votes equal to or grea ter than 24 percent of the number who voted
at the last City general election. Excess levies may be imposed without a popular vote when ordered by a court to prevent
impairment of the obligations of contracts.
Regular Property Tax Limitations
The authority of a city to levy taxes without a vote of the people for general city purposes, including the payment of debt service
on limited tax general obligation indebtedness, such as the Bonds, is subject to the limitations described below. Informatio n
relating to regular property tax limitations is based on existing statutes and constitutional provisions. Changes in such laws coul d
alter the impact of other interrelated tax limitations on the City.
Maximum Rate Limitation. Title 84 RCW authorizes the impositi on of regular tax levies with various statutory maximum levy
rates (see “Overlapping Taxing Districts” herein).
RCW 84.52.043 allows a city to levy taxes of up to $3.375 per $1,000 of taxable property in the city and RCW 41.16.060 allows an
additional $0.225 per $1,000, for any municipal purpose, if not required to fund pension programs. These taxes may be levied
without a vote of the people. This limitation is exclusive of a levy for the maintenance of a local improvement guaranty fun d.
The One Percent Aggregate Regular Levy Limitation. Article VII, Section 2 of the Washington Constitution, as amended in 1973,
limits aggregate regular property tax levies by the State and all overlapping taxing districts, except port districts and pub lic utility
districts, to one percent of the true and fair value of property. RCW 84.52.050 provides the same limitation by statute.
$5.90/$1,000 Aggregate Regular Levy Limitation. Within the one percent limitation described above, RCW 84.52.043(2) imposes an
aggregate limitation on regular tax levies by all taxing districts, other than the State, of $5.90/$1,000 of assessed value, except
levies for any port or public utility district; excess levies authorized in Article VII, Section 2 of the State Constitution; and certain
levies for acquiring conservation futures, for emergency medical services or care, to finance affordable housing, for crimina l
justice purposes, and portions of certain levies imposed by metropolitan park districts, ferry districts and fire protection districts,
and for certain county purposes.
Uniformity Requirement. Article VII, Section 1 of the Washington Constitution requires that property taxes be levied at a uniform
rate upon the same class of property within the territorial limits of a taxing distr ict levying such taxes. It is possible because of
different overlapping taxing districts in different areas of the City that the maximum permissible levy under the aggregate l evy
limit (described above) might vary within the City. In that event, to compl y with the constitutional requirement for uniformity of
taxation, the lowest permissible rate for any part of the City would be applied to the entire City.
Prioritization of Levies. RCW 84.52.010 provides that if aggregate levies certified by all taxing districts exceed the aggregate levy
limitations described above, levies certified by junior taxing districts are reduced or eliminated in order to bring the aggr egate levy
into compliance with the statutory maximum prescribed by RCW 84.52.050 and 84.52.043. RCW 84.52.043 defines “junior taxing
districts” as all taxing districts other than the state, counties, road districts, cities, towns, port districts, and public utility districts.
The tax levy for unlimited general obligation bonds is a special excess levy approved by the voters and, as such, is not subj ect to
the limitations on regular levies described above.
The Levy Increase Limitation. The regular property tax increase limitation, chapter 84.55 RCW, limits the total dollar amount of
regular property taxes levied by an individual local taxing district such as the City to the amount of such taxes levied in t he highest
of the three most recent years multiplied by a limit factor, plus an adjustment to account for taxes on new construction,
annexations, improvements and certain other property at the previous year's rate. The limit factor is the lesser of 101 percent of
the highest levy in the three previous years (excluding new construction, improvements, and certain other property) or 100
percent plus inflation, unless a greater increase amount is approved by a simple majority of the voters.
In addition, RCW 84.55.092 allows the property tax levy to be set at the amount that would be allowed if the tax levy for taxes
due in each year since 1986 had been set at the full amount allowed under Chapter 84.55 RCW. This is sometimes referred to as
“banked” levy capacity.
Since the regular property tax increase limitation applies to the total dollar amount levied rather than to levy rates, increases in the
assessed value of all property in the taxing district (excluding new construction, improvements and State -assessed property) which
exceed the rate of growth in taxes allowed by the limit factor result in decreased regular tax levy rates, unless voters authorize a
higher levy or the taxing district uses banked levy capacity. Decreases in the assessed value of all property in the taxing district
(including new construction, improvements and State-assessed property) or increases in such assessed value that are less than the
rate of growth in taxes imposed, among other events, may result in increased regular tax levy rates.
The tax levy for unlimited tax general obligation bonds are special excess levies approved by a 60 percent majority of the voters,
and as such, are not subject to the rate or amount limitations on regular levies described above.
Assessed Value
The Snohomish County Assessor, or equivalent thereof (the “Assessor”), determines the value of all real and personal property
throughout Snohomish County (the “County”) that is subject to ad valorem taxation, except certain utility properties which are
valued by the State Department of Revenue. The Assessor is an elected official whose duties and methods of determining value
are prescribed and controlled by statute and by detailed regulations promulgated by the State Department of Revenue.
For tax purposes, the assessed value of property is 100 percent of its market value. Three approaches may be used to determine
real property value: market data, replacement cost and inc ome generating capacity. In the County, all property is subject to
revaluation every year based on market value. In addition, at least one-sixth of the real property parcels are visited for an on-site
appraisal on an annual basis. The property characteristics and assessed values are listed by the Assessor on the property which is
maintained in the Assessor‟s office. The Assessor‟s determinations are subject to revisions by the County Board of Equalization
and, for certain property, subject to further revisions by the State Board of Tax Appeals. After all administrative procedures are
complete, the values are certified and passed on to the Snohomish County Treasurer and the County Board of Equalization.
Overlapping Taxing Districts
The overlapping taxing districts within the City have the statutory power to levy regular property taxes at the following rat es
subject to the limitations provided by chapter 84.55 RCW and levy excess voter approved property taxes. Representative levy
rates for levy code 00110 located entirely within the City, as well as the statutory levy authority of each type of potential
overlapping district, are listed below. Levy code 00110 does not include all the property within the City.
Representative Levy Rates Statutory Levy Authority
(Per $1,000 of Assessed Value) (Per $1,000 of Assessed Value)
City of Arlington $1.4448 $3.600 (1)
Snohomish County 0.7823 1.800 (2)
State Levy for Support Schools 1.9925 3.600 (3)
Sno Isle Library 0.4000 0.500
Cascade Valley Hospital (Regular) 0.2936 0.750
Cascade Valley Hospital (Excess) 0.7297 n/a (4)
Arlington School District No. 16 3.8953 n/a (5)
Total rate for Snohomish County levy code 00110 $9.5382
___________________
(1) Pursuant to RCW 84.52.043, cities and towns may levy up to $3.375 per $1,000 assessed value. In addition, a city that is annexed into a library district
(such as the City) or a fire district may levy up to $3.60 per $1,000 assessed value, reduced by the levies of the library and/or fire district, RCW 84.52.769
and 84.52.712. In addition, RCW 41.16.060 authorized an additional firefighters‟ pension fund levy of up to $0.225 per $1,000 assessed value to be used
for pension funding purposes, if required. If not required, based on an actuarial study, this tax may be levied and used for any other municipal purpose.
(2) Pursuant to RCW 84.52.043(1), a county may increase its levy from $1.80 per $1,000 to a rate not to exceed $2.475 per $1,000 for general county
purposes if (i) the total levies for both the county and any road district within the county do not exceed $4.05 per $1,000 and (ii) no other taxing district
has its levy reduced as a result of the increased county tax levy
(3) RCW 84.52.043(1). The levy by the State shall not exceed $3.60 per $1,000 assessed value adjusted to the State equalized val ue in accordance with the
indicated ratio fixed by the State Department of Revenue to be used exclusively for the support of the common schools.
(4) Pursuant to RCW 84.52.052, a public hospital district may levy excess property taxes, which are not subject to limitation, when authorized by a 60%
majority popular vote.
(5) Washington school districts do not have non-voted regular levy authority.
Source: Snohomish County Assessor’s Office.
Property Tax Rates and Tax Levies
The following tables show the City‟s ad valorem levy rates and dollar amounts levied since 2006.
Levy Rates
Collection (Dollars per $1,000 of Assessed Value)
Year Regular EMS Total
2010 $1.03410 $0.41072 $1.44482
2009 0.97111 0.38532 1.35643
2008 0.97369 0.38682 1.36051
2007 1.11587 0.44374 1.55961
2006 1.25500 0.49719 1.75219
Levy Amounts
Collection (Dollars per $1,000 of Assessed Value)
Year Regular EMS Total
2010 $2,315,625 $919,701 $3,235,326
2009 2,239,628 888,657 3,128,285
2008 2,180,378 866,197 3,046,575
2007 2,100,395 835,250 2,935,645
2006 1,956,043 774,930 2,730,973
_____________________
Source: Snohomish County Assessor’s Office.
TAX COLLECTION
Tax Collection Procedures
Property taxes are levied in specific amounts, and the rate for all taxes levied for all taxing districts in Snohomish County (the
“County”) (including the City) are determined, calculated and fixed by the Assessor based upon the assessed valuation of the
property within the various taxing districts. The Assessor extends the taxes to be levied within each taxing district upon a tax roll
which contains the total amount of taxes to be so levied and collected and assigns a tax account number to each tax lot. The tax
roll is delivered to the County Treasurer by January 15, who bills and collects the taxes as certified. All such taxes are d ue and
payable on April 30 of each year, but if the amount due from a taxpayer exceeds fifty dollars, one -half may be paid then and the
balance no later than October 31 of that year. Delinquent taxes are subject to interest at the rate of on percent per month u ntil
paid. In addition, a penalty of three percent will be assessed on June 1 of the year in which the tax was due; and eight percent on
December 1 of the year the tax are due.
The method of giving notice of payment of taxes due, accounting for the money collected, the division of the taxes amo ng the
various taxing districts, giving notice of delinquency, and collection procedure s are all covered by detailed statutes. The lien for ad
valorem property taxes which have been levied prior to the filing of federal tax liens is prior to such federal tax liens.
In other respects, and subject to the possible “Homestead Exemption,” the lien for delinquent property taxes is prior to all other
liens or encumbrances of any kind on real or personal property subject to taxation. By law, the taxing distric t may commence
foreclosure of a tax lien on real property after three years have passed since the first delinquency. Washington State‟s cour ts have
not decided whether the Homestead Law (chapter 6.12 RCW) may give the occupying home owner a right in the forced sale of
the family residence for delinquent general property taxes to retain the first $125,000 of proceeds of the sale. The State Court of
Appeals has held that the homestead exemption applies to the lien for improvement district assessments. The U nited States
Bankruptcy Court for the Western District of Washington has held that the homestead exemption applies to the lien for propert y
taxes, while the State Attorney General has taken the position that it does not.
Tax Collection Record
The following is a five-year history of ad valorem tax collections for the City.
Percent Collected
Collection Regular Ad Valorem Year As of
Year Assessed Value (1) Tax Levy of Levy 05/01/10
2010 $2,239,257,103 $3,325,326 41.97% 41.97%
2009 2,306,249,447 3,128,285 95.10 97.05
2008 2,239,293,774 3,046,575 96.22 98.21
2007 1,882,294,666 2,935,645 96.95 99.62
2006 1,558,604,815 2,730,973 97.14 99.91
_____________________
(1) Assessed valuation is based upon 100 percent of actual value.
Source: Snohomish County Treasurer’s Office
Collection of Other Taxes
In addition to its regular property tax levy, the City also collects various other taxes, including a retail sales tax (also known as a
“local sales and use tax”), utility taxes and gambling taxes. A table showing historical revenue from these sources is as follows:
(1)
(2)
(3)
_____________________
(1) In the 2010 budget, a total of $413,634 in property taxes were budgeted to go directly to the C apital Facilities Building Fund ($292,231) and to the Street
Maintenance Fund ($121,403). Those dollars will be deposited into the General Fund and operating transfers will be provided to those funds if needed.
(2) In the 2010 budget, a total of $225,298 in property taxes were budgeted to go directly to the Capital Building Facilities Fund ($195,298) and to the Equipment
Replacement Fund ($30,000). Those dollars will be deposited into the General Fund and operating transfers will be provided to those funds if needed.
(3) In the 2010 budget, a total of $304,237 in property taxes were budgeted to go directly to the Capital Facilities Building Fund ($69,450) and to the Street
Maintenance Fund ($234,787). Those dollars will be deposited into the General Fund and operating transfers will be provided to those funds if needed.
Source: City of Arlington.
Major Taxpayers
The following table lists the ten largest taxpayers within the City on the basis of their 2010 assessed valuation.
_____________________
Source: Snohomish County Assessor’s Office.
AUTHORIZATION OF INDEBTEDNESS
The power of the City to contract debt of any kind is controlled and limited by State law. All debt must be set forth in
accordance with detailed budget procedures and paid for out of identifiable receipts and revenues. The budget must be balanc ed
for each fiscal year. It is unlawful for an officer or employee of the City to incur liabilities in excess of budgetary appropriations.
General Obligation Indebtedness
Under the Constitution and statutes of the State, the City may incur two types of general obligation indebtedness (including
bonds). The two types are primarily differentiated by the limits on the real and personal property taxes which may be collected
for the repayment of the indebtedness.
Limited tax general obligation indebtedness (such as the Bonds) is payable from taxes upon all the taxable property in the City
which may be imposed by the City within the limitations prescribed by State statute without a vote of the people (sometimes
referred to as “non-voted debt” or “non-voted bonds” or “councilmanic bonds”).
Unlimited tax general obligation indebtedness is payable from taxes without limitation as to rate or amount, imposed upon all
taxable property in the City. Unlimited tax indebtedness may be incurred only after approval by 60% of the City voters at an
election in which the total vote cast exceeds 40% of the votes cast at the last preceding general election of the City or State. Such
unlimited tax indebtedness is sometimes referred to as “voted debt,” “voted bonds” or “unlimited tax bonds.”
Bonds issued to refund outstanding general obligation indebtedness of either type may be issued without voter approval.
Limits on Amount of General Obligation Indebtedness
State statutes limit the total principal amount of all City general obligation indebtedness incurred for “general” purposes, both
limited tax and unlimited tax, to 2.5% of the assessed value of taxable property within the City. Within this 2.5% limitation, non -
voted indebtedness is further limited to 1.5% of the value of such taxable property.
The City is additionally authorized to incur general obligation indebtedness for the following “special” purposes, with voter
approval, in the total principal amount of up to the following percentages of the actual value of taxable property within the City:
water, artificial light and sewers, 2.5%; open space and park facilities and facilities associated with economic development, 2.5%.
The combination of unlimited tax and limited tax general obligation debt for all purposes cannot exceed 7.5% of the City's
assessed valuation.
The State statutory limits on City general obligation indebtedness described in this section are more restrictive than those
contained in the State Constitution. Both the constitutional and statutory debt limits may be exceeded if necessary to meet
obligations made mandatory by State law or, if necessary, to maintain the corporate existence of the City.
In computing total general obligation indebtedness, the following “assets” may be deducted against the principal amount of
indebtedness outstanding: (a) money and investments on deposit in general obligation bond retirement funds; (b) taxes (both
current and delinquent) levied for the payment of general obligation indebtedness; and (c) delinquent (but not current) taxes due
the general fund.
In addition to limits on the total principal amount of general obligation indebtedness described in this section, the Constitution
and statutes of the State impose other limitations on the City's levy of taxes upon real and personal property. See “TAXING
POWERS AND LIMITATIONS” herein.
Authorization of Short-Term Debt
Any Washington municipal corporation may borrow money and issue short-term obligations, the proceeds of which may be used
for any lawful purpose. Short-term obligations may be issued in anticipation of the receipt of revenues, taxe s, or grants or the sale
of (1) general obligation bonds if the bonds may be issued without the consent of the voters or if previously ratified by the voters;
(2) revenue bonds if the bonds have been authorized by ordinance or resolution; or (3) local impr ovement district bonds if the
bonds have been authorized by ordinance or resolution. These short -term obligations shall be repaid out of money derived from
the source or sources in anticipation of which they were issued or from any money legally available for this purpose.
Additionally, the City may incur short-term indebtedness in the following ways: first, in an emergency, the Council members may
put a plan into effect and authorize indebtedness outside the current budget. All expenditures for emergency purpose shall be
paid by warrants from any available money in the fund properly chargeable with such expenditures. If there is insufficient m oney
on hand in the fund, the warrants become registered interest-bearing warrants. In adopting the budget for any fiscal year, the
Council members shall appropriate funds to retire any outstanding registered warrants issued since the adoption of the last
preceding budget. Second, the City may, without a vote of the electors, purchase property on a conditional sales contract if the
total contract amount, together with the other non-voted general obligation indebtedness of the City, does not exceed 1.5% of the
value of taxable property in the City; any item so purchased must be budgeted for payment in accordance with t he terms of the
contract.
DEBT INFORMATION
COMPUTATION OF DEBT CAPACITY
(As of August 18, 2010)
Assessed Valuation for 2010 Tax Collections $2,239,257,103
General Purposes
$33,588,857
Less: Limited Tax General Obligation Bonds Outstanding (1) (12,232,487)
Less: Other Outstanding Limited General Obligation Debt (2) (625,372)
Less: The Bonds (3) (6,075,000)
Remaining Non-Voted General Purpose Debt Capacity $14,655,998
$55,981,428
Less: Voted Bonds Outstanding 0
Less: Limited Tax General Obligation Bonds Outstanding (1) (12,232,487)
Less: Other Outstanding Limited General Obligation Debt (2) (625,372)
Less: The Bonds (3) (6,075,000)
Remaining Voted and Non-Voted General Purpose Debt Capacity $37,048,569
Utility Purposes
$55,981,428
Less: Voted Bonds Outstanding 0
Remaining Voted General Obligation Debt Capacity $55,981,428
Parks & Open Space and Economic Development Purposes
$55,981,428
Less: Voted Bonds Outstanding 0
Remaining Voted General Obligation Debt Capacity $55,981,428
_____________________
(1) Includes all outstanding non-voted bonds; excludes the Refunded Bonds.
(2) Includes bank notes and interlocal financing agreements.
(3) Preliminary; subject to change.
Source: City of Arlington
BONDED DEBT AND OTHER OUTSTANDING OBLIGATIONS
Amount
Dated Maturity Amount as of
Date Date Issued 08/18/10
SECURED BY THE FULL FAITH AND CREDIT OF THE CITY
Non-Voted LTGO Bonds
LTGO Bonds, 2001 (1) 10/01/01 10/01/11 $4,400,000 $400,000
LTGO Bond, 2001 04/01/01 04/01/11 464,646 42,932
LTGO Bonds, 2004 05/04/04 12/01/34 7,700,000 7,700,000
LTGO Bond, 2005 01/13/05 12/30/11 346,000 81,353
LTGO Bonds, 2007 06/12/07 12/01/27 3,630,000 3,320,000
LTGO Bond, 2009 05/13/09 06/01/24 720,488 688,202
LTGO Bonds, 2010 (2) 08/18/10 12/01/30 6,075,000 6,075,000
Total LTGO Bonds (2) $23,576,488 $18,307,487
Other Obligations Secured by the General Fund
Interlocal Financing Agreement, 2003 07/01/03 06/30/21 $514,238 $414,586
Bank Note, 2006 05/06/06 05/15/11 250,000 177,589
Bank Note, 2007 01/15/07 12/01/10 124,764 33,197
Total Other Obligations Secured by the General Fund (2) $889,002 $625,372
TOTAL NET DIRECT DEBT (2) $24,465,490 $18,932,859
_____________________
(1) Excludes the Refunded Bonds.
(2) Preliminary; subject to change.
Source: City of Arlington
DIRECT AND ESTIMATED OVERLAPPING DEBT
(as of August 18, 2010)
Limited Tax General Obligation Bonds Outstanding (1) $18,307,487
Other Obligations Secured by the General Fund 625,372
Voted General Obligation Bonds Outstanding (1) 0
(1)
(As of May 1, 2010) Net G.O. Net
2010 Percent of Debt Overlapping
Assessed Value Overlap Outstanding Debt
Snohomish County $94,125,212,678 2.3790194% $350,743,342 $8,344,252
Fire District No. 19 451,967,750 7.4090839% 2,666,526 197,565
Fire District No. 21 988,883,271 0.0520587% 52,389 27
Arlington School District No. 16 3,750,321,413 46.0929298% 48,595,000 22,398,859
Lakewood School District No. 306 2,025,055,289 25.0270969% 7,930,000 1,984,649
Marysville School District No. 25 6,938,865,774 0.0549303% 111,590,000 61,297
Valley General Hospital 3,963,052,480 43.2746019% 46,165,000 19,977,720
_____________________
(1) Includes all outstanding non-voted and voted bonds (excluding the Refunded Bonds) and the Bonds. Preliminary, subject to change.
Source: City of Arlington and King County Department of Assessments and Division of Financial Management.
BONDED DEBT RATIOS
(Including the Bonds)
2009 Assessed Valuation for 2010 Collection $2,239,257,103
2009 City Population 17,150
Direct Debt as a Percentage of Assessed Valuation 0.85%
Direct & Overlapping Debt as a Percentage of As sessed Valuation 3.21%
Per Capita Assessed Valuation $130,569
Per Capita Direct Debt $1,104
Per Capita Direct & Estimated Overlapping Debt $4,192
________________________
Source: City of Arlington and King County Treasurer Offices.
SCHEDULE OF LIMITED TAX GENERAL OBLIGATION BOND DEBT SERVICE
Total
Principal Interest Principal Interest Debt Service
2010 430,732$ 286,223$ 60,000$ 15,256$ 792,211$
2011 566,786 571,212 100,000 239,283 1,477,281
2012 223,177 552,306 385,000 226,700 1,387,183
2013 231,663 542,620 395,000 215,200 1,384,483
2014 245,327 532,557 410,000 203,425 1,391,309
2015 254,179 521,905 415,000 191,150 1,382,234
2016 263,228 509,105 435,000 179,525 1,386,858
2017 282,486 495,847 450,000 162,225 1,390,558
2018 291,963 481,620 475,000 144,392 1,392,975
2019 306,670 468,913 495,000 125,525 1,396,108
2020 316,619 455,564 515,000 105,858 1,393,041
2021 331,823 441,760 530,000 85,358 1,388,941
2022 691,063 427,289 130,000 61,492 1,309,844
2023 718,998 396,324 140,000 56,358 1,311,680
2024 723,145 363,815 145,000 50,792 1,282,752
2025 720,000 331,534 150,000 45,025 1,246,559
2026 750,000 298,678 155,000 39,188 1,242,866
2027 785,000 264,428 160,000 32,250 1,241,678
2028 585,000 228,578 170,000 25,125 1,008,703
2029 610,000 200,790 175,000 17,512 1,003,302
2030 640,000 171,205 185,000 9,712 1,005,917
2031 670,000 140,165 - - 810,165
2032 705,000 107,670 - - 812,670
2033 740,000 73,478 - - 813,478
2034 775,000 37,588 - - 812,588
12,857,859$ 8,901,174$ 6,075,000$ 2,231,351$ 30,065,384$
The Bonds (2) Outstanding Bonds (1)
________________________
(1) Includes all outstanding bonds, excluding the Refunded Bonds and the Bonds.
(2) Preliminary; subject to change.
DEBT PAYMENT RECORD
The City has always promptly met principal and interest payments on outstanding bonds when due. Additionally, no refunding
bonds have been issued for the purpose of preventing an impending default.
FUTURE FINANCING
The City does not anticipate issuing additional debt in 2010 at this time .
STATEMENT OF GENERAL FUND REVENUES AND EXPENDITURES
(Fiscal Year Ending December 31)
Unaudited Audited Audited Audited Audited
2009 2008 2007 2006 2005 Beginning Net Cash & Investments $267,121 $452,007 $547,789 $421,128 $765,662
Revenues
Taxes $7,239,817 $7,496,817 $7,583,638 $7,311,685 $6,398,777
Licenses & permits 281,639 368,856 406,428 464,395 537,997
Intergovernmental 594,619 603,707 573,275 488,182 422,394
Charges for services 1,561,908 1,715,365 1,490,315 272,943 336,439
Fines & forfeits 314,546 297,204 240,813 197,752 198,394
Miscellaneous 35,480 28,398 156,717 35,795 26,062
Other Financing Sources 1,636,856 671,698 9,942 1,425,093 1,290,451
Total revenues & other sources 11,664,865 11,182,045 10,461,127 10,195,845 9,210,514
Total resources $11,931,986 $11,634,052 $11,010,916 $10,616,973 $9,976,176
Operating Expenditures
General government $3,275,180 $3,359,850 $3,004,316 $2,460,728 $2,097,926
Security – persons/property 6,375,424 5,871,624 5,688,355 5,263,848 5,065,976
Physical environment 22,646 29,009 22,077 24,815 110,006
Economic environment 1,120,273 1,357,858 1,195,255 1,311,714 1,131,516
Culture & recreation 616,884 679,402 712,894 147,450 124,810
Total operating expenditures $11,410,407 $11,297,742 $10,622,898 $9,208,555 $8,530,234
Capital outlay 51,732 63,541 34,576 9,891 109,792
Total expenditures $11,462,139 $11,361,284 $10,657,473 $9,218,446 $8,640,025
Other financing uses 249,149 45,989 3,000 965,767 1,034,221
Total expenditures and other uses $11,711,288 $11,407,272 $10,660,473 $10,184,213 $9,674,246
Excess (deficit) of resources over uses $220,698 $226,780 $350,443 $432,760 $301,930
Non-revenues 255,577 310,426 305,747 298,891 298,337
Non-expenditures 276,479 270,086 204,183 181,862 179,139
Ending Net Cash & Investments $199,796 $267,121 $452,007 $549,789 $421,128
________________________
Source: City of Arlington.
ANTICIPATED FINANCIAL RESULTS – YEAR END 2009
The City anticipates general government revenues for 2009 to be approximately $11,931,986 or 1.01% lower than its final
amended budget, which was amended on December 21, 2009. The general government fund balance is expected to be $596,600
in accordance with the City‟s adopted fund balance policy.
GENERAL FUND BUDGET OF THE CITY
PROPOSED BUDGET FOR 2010 AND FINAL BUDGET 2009
(Fiscal Year Ending December 31)
Proposed Final
2010 2009
Beginning fund balance (1) $940,000 $267,120
Revenues
Taxes
$7,447,584 $7,239,817
Licenses & permits
316,225 281,639
Intergovernmental
661,832 594,619
Charges for services
1,601,910 1,561,908
Fines & forfeitures
287,000 314,546
Miscellaneous Revenues
9,400 35,480
Other Financing Sources
114,250 1,636,857
Non-revenues
219,600 255,577
Total resources
$11,597,801 $12,187,563
Operating Expenditures
General government services
$2,880,425 $3,275,180
Security of persons &property
6,407,614 6,375,424
Physical environment
28,500 22,646
Economic environment
947,779 1,120,273
Culture & recreation
184,393 616,884
Capital outlay
134,635 51,732
Debt service
0 0
Ending fund balance
94,974 199,796
Total expenditures
$10,677,820 $11,661,935
Non-expenditures
160,000 276,479
Other financing uses
759,481 249,149
Total uses
$11,597,801 $12,187,563
________________________
(1) Estimated prior to year end.
Source: City of Arlington.
CITY PROFILE
Government Organization
The City of Arlington is a non-charter, code city incorporated in 1903. The City encompasses an area of 8.2 square miles in
northwestern Snohomish County along Interstate 5 and had a 2009 population of approximately 17,150.
The City operates under the laws of the State of Washington applicable to a code city with a Mayor-Council form of
government. City elected officials consists of the Mayor and seven council members. The six Council members are elected
to four-year terms, as is the Mayor. The seventh member is at-large and elected to a two-year term. Council members serve
staggered terms. The Council is responsible, among other things, for passing ordinances and resolutions, adopting the budget,
appointing committees, and adopting general policies and goals for the City. The Mayor appoints, subject to Council
approval, a City Administrator who serves as chief administrator of the City and oversees the entire City government under
the direction of the Mayor and the policies of the Council. All City department managers report to the City Administrator.
The City is a general-purpose government and provides public safety, fire prevention, street improvement, parks and
recreation, health and social services, and general administrative services. In addition the City operates facilities for water
supply/treatment/distribution, sewage collection/treatment, storm water (drainage) collection and a municipal airport. Other
local governments provide public education and library services.
The Council holds regular meetings the first and third Mondays of each month and workshop meetings on the second and
fourth Mondays, and special meetings as needed. All meetings are open to the public as provided by law and agenda items are
prepared in advance.
Brief resumes of the current Mayor, Council members and selected administrative officials follow.
Margaret Larson, Mayor. Ms. Larson was elected Mayor in November 2003 and took office on January 1, 2004. She retired
as Business Manager for the Arlington School District in 2003. She is a lifelong resident of Arlington. Her current term expires
on January 1, 2012.
Allen Johnson, City Administrator. Mr. Johnson was appointed as City Administrator in May, 2005. Mr. Johnson holds a
Masters Degree in Administration from the University of Missouri and the University of Colorado. Mr. Johnson has
worked in public administration for over 30 years in the states of Colorado, Montana and now Washington.
Kristin Banfield, City Clerk. Mrs. Banfield was appointed City Clerk in November 2009. She served as City Administrator
from January 2001 through June 2004, and also served as Assistant to the Administrator. She holds a Bachelor of Science,
Public Administration from the University of Southern California.
Jim Chase, Finance Director. Mr. Chase was appointed Finance Director in November, 2009. He was previously with the
City of Pasco, Washington for over 22 years, the past 10 years as Finance Manager. He attended Whitworth College in Spokane,
Washington.
Labor Relations
The City has 152 full-time employees (“FTEs”). Police and fire employees are represented by two bargaining units and are
employed under provisions of negotiated contracts. The City enters into written bargaining agreements with each bargaining
organization. Agreements contain provisions on such matters as salaries, vacation, sick leave, medical and dental insurance,
working conditions, and grievance procedures. The Fire union contract is in place until December 31, 2010. The Police union
contract is currently in negotiations with the City. That contract expired at the end of 2009.
The City strives to be fair with all employees, consistent with all applicable State laws, to ensure equity, and promote labor
relation policies mutually beneficial to management and employees. The City negotiates labor contracts with support from a
consultant. City officials consider all current labor relations to be satisfactory.
Bargaining Unit Membership Expiration Date
____________________
* In negotiations.
Retirement Plans
Substantially all full-time and qualifying part-time employees participate in one of the following statewide local government
retirement systems administered by the Washington State Department of Retirement Systems, under cost -sharing, multiple-
employer public employee retirement systems. Actuarial information is on a system-wide basis. Police officers and firefighters
are covered by the Law Enforcement Officers and Fire Fighters Retirement System (“LEOFF”). Other City employees are
covered by the Public Employees‟ Retirement System (“PERS”). Contributions to the systems by both employee and employer
are based upon gross wages covered by plan benefits.
PERS and LEOFF participants who joined the system by September 30, 1977 are Plan 1 members. Those PERS participants
who joined on or after October 1, 1977 are Plan 2 members, unless they exercise an option to transfer to Plan 3. PERS
participants joining on or after September 1, 2002 have the irrevocable option of choosing membership in PERS Plan 2 or PERS
Plan 3. LEOFF participants who joined on or after October 1, 1977 are Plan 2 members. The City contributed $335,084 to
PERS and $245,794 to LEOFF in 2009 for all of the City‟s employees that are covered under PERS and LEOFF. The following
tables outline the contribution rates of employees and employers under PERS and LEOFF.
PERS Contribution Rates as of July 1, 2009
(1) 5.31% 5.31% 5.31%
6.00% 3.90% Variable (2)
_________________
(1) Includes a 0.16% administration fee.
(2) Rates vary from 5.0% minimum to 15.0% maximum based on rate selected by the PERS 3 member.
LEOFF Contribution Rates as of July 1, 2009
(1)0.16% 5.24%
0.00 8.46
N/A 3.38
_________________
(1) Includes a 0.16% administration fee.
While the City‟s contributions in 2009 represent its full current liability under the Systems, any unfunded pension benefit
obligations could be reflected in future years as higher contribution rates. It is expected that the contribution rates for employees
and employers in the PERS Plans 2 and 3 and PSERS Plan 2 will increase in the coming years. The State Actuary‟s website
(which is not incorporated into this Official Statement by reference) includes information regarding the values and funding l evels
of these retirement plans.
Volunteer Firefighters Relief and Pension Fund. The Volunteer Firefighters Relief and Pension Fund System is a cost sharing multiple
employer retirement system, which was created by the State Legislature in 1945 under Chapter 41.16 RCW. It provides pens ion,
disability and survivor benefits. Membership in the system requires service with a fire department of an electing municipali ty of
the State (except those employees covered by LEOFF). The system is funded through member contributions of $30 per year,
employer contributions of $30 per year, and 40% of the Fire Insurance Premium Tax. Members do not earn interest on their
contributions. However, they may elect to withdraw their contribution upon termination.
Deferred Compensation. The City offers its employees a deferred compensation plan created in accordance with Internal Revenue
Code Section 457. The plan permits employees to defer a portion of their salary until future years. The deferred compensation is
not available to employees or their beneficiaries until termination, retirement, or unforeseeable emergency or upon death.
Other Post-Employment Benefits
The City provides lifetime medical care for seven LEOFF 1 retirees, as required by Chapter 41.26 RCW. The City provides
medical insurance and reimbursements for all necessary hospital, medical and nursing care expenses not payable by worker‟s
compensation, social security, insurance provided by another employer, other pension plan or any other similar source are
covered. Medical insurance for the retirees is provided by the City‟s employee medical insurance program. Direct payment is
made for other retiree medical expenses not covered by standard medical plan benefits provisions. The City also pays the
Medicare premium for qualifying LEOFF 1 retirees as outlined in Chapter 41 RCW. The cost of this premium of approximately
$90 per month in 2009 is offset by a lower insurance premium. The City‟s funding policy for these benefits is based upon pay -as-
you-go financing requirements. The City‟s annual required contribution for fiscal year 2009 was $99,079.
Insurance
The City is a member of the Washington Cities Insurance Authority (“WCIA”) of Washington and its insurance pool (the
“Pool”). WCIA is fully funded by its members, who make annual assessments on a prospectively rated basis, as determined by an
outside, independent actuary. The assessment covers loss, loss adjustment and administrative expenses. WCIA retains the right to
additionally assess the membership for any finding shortfall. WCI A offers a combination of self-insurance and standard insurance
to cover liability and property risks and provides related risk management services.
Liability coverage is written on an occurrence basis, without deductibles. Coverage includes general, au tomobile, police
professional, public officials errors and omissions, stop gap and employee benefits liability. Limits are $4 million per occu rrence in
the self insured layer, $16 million per occurrence in the reinsured excess layer. The excess layer is i nsured by the purchase of
reinsurance and insurance and is subject to aggregate limits. Total limits are $20 million per occurrence subject to aggreg ate and
sub-limits in the excess layer. The Board of Directors determines the limits and terms of the co verage annually.
Accounting and Budgeting Policies
The accounts of the City are organized on the basis of funds and account groups, each of which is considered a separate
accounting entity. Each fund is accounted for with a separate set of self -balancing accounts that comprise its assets, liabilities,
fund equity, revenues and expenditures, as appropriate. The City's resources are allocated to and accounted for in individual funds
depending on their intended purpose.
Annual appropriated budgets are adopted at the fund level, except in the general fund, where expenditures are adopted at the
department level. The budgets constitute the legal authority for expenditures at that level. Annual appropriations for all fu nds
lapse at the fiscal period end.
The Finance Director is authorized to transfer budgeted amounts between departments within any fund/object with departments;
however, any revisions that alter the total expenditures of a fund must be approved by the City Council. The City Council
approves all expenditures for payroll and claims.
Auditing of City Finances
Accounting systems and budgetary controls are prescribed by the Office of the State Auditor in accordance with RCW 43.09.200
and RCW 43.09.230. State statutes require audits for cities to be conducted by the Office of the State Auditor. The City complies
with the systems and controls prescribed by the Office of the State Auditor and establishes procedures and records which
reasonably assure safeguarding of assets and the reliability of financia l reporting.
The State Auditor is required to examine the affairs of cities. The City is audited annually. The examination must include, among
other things, the financial condition and resources of the City, whether the laws and constitution of the State are being complied
with, and the methods and accuracy of the accounts and reports of the City. The State Auditor completed the annual audit of the
City‟s general financial statements for the year ended December 31, 2008 and concluded that the financial statements present
fairly, in all material respects, the financial position of the City as of that date. See Appendix A. The City‟s year ended
December 31, 2009 audit is in process.
Authorized Investments
Chapter 35.39 RCW limits the investment by citie s and towns of its inactive funds or other funds in excess of current needs to the
following authorized investments: United States bonds; United States certificates of indebtedness; bonds or warrants of the S tate
and any local government in the State; its own bonds or warrants of a local improvement district which are within the protection
of the local improvement guaranty fund law; and any other investment authorized by law for any other taxing district or the S tate
Treasurer. Under chapter 43.84 RCW, the State Treasurer may invest in non-negotiable certificates of deposit in designated
qualified public depositories; in obligations of the US government, its agencies and wholly owned corporations; in bankers‟
acceptances; in commercial paper; in the obligations of the federal home loan bank, federal national mortgage association and
other government corporations subject to statutory provisions and may enter into repurchase agreements. Utility revenue bond s
and warrants of any city and bonds or warrants of a local improvement district are also eligible investments (RCW 35.39.030).
Money available for investment may be invested on an individual fund basis or may, unless otherwise restricted by law, be
commingled within one common investment portfolio. All income derived from such investment may be either apportioned to
and used by the various participating funds or for the benefit of the general government in accordance with city ordinances o r
resolutions. Funds derived from the sale of bonds or other instr uments of indebtedness will be invested or used in such manner
as the authorizing ordinances, resolutions or bond covenants may lawfully prescribe.
State Local Government Investment Pool. The State Treasurer‟s Office administers the Washington State Local Government
Investment Pool (the “LGIP”), a fund that invests money on behalf of more than 450 cities, counties and special taxing distri cts.
The LGIP has approximately $8.5 billion under investment as of April 2010. In its management of LGIP, the State Treasurer is
required to adhere, at all times, to the principles appropriate for the prudent investment of public finds. These are, in pr iority
order, (i) the safety of principal; (ii) the assurance of sufficient liquidity to meet cash flow demands; and (iii) to attain the highest
possible yield within the constraints of the first two goals. Historically, the LGIP has had sufficient liquidity to meet al l cash flow
demands.
The LGIP, authorized by chapter 43.250 RCW, is a voluntary pool which provides it s participants the opportunity to benefit from
the economies of scale inherent in pooling. It is also intended to offer participants increased safety of principal and the ability to
achieve a higher investment yield than would otherwise be available to them. The pool is restricted to investments with maturities
of one year or less, and the average life typically is less than 90 days. Investments permitted under the pool‟s guidelines include
U.S. government and agency securities, bankers‟ acceptances, hig h quality commercial paper, repurchase and reverse repurchase
agreements, motor vehicle fund warrants, and certificates of deposit issued by qualified Washington State depositories.
Authorized Investments for Bond Proceeds. In addition to the eligible investments discussed above, bond proceeds may also be invested
in mutual funds with portfolios consisting of U.S. government and guaranteed agency securities with average maturities of les s
than four years; municipal securities rated in one of the four hig hest categories; and money market funds consisting of the same,
so long as municipal securities held in the fund(s) are in one of the two highest rating categories of a nationally recognize d rating
agency. Bond proceeds may also be invested in shares of m oney market funds with portfolios of securities otherwise authorized
by law for investment by local governments (RCW 39.59.030).
Cash Management and Investment Practices. The City adopted an investment policy in 2005. It is the policy of the City of
Arlington to invest all of its surplus funds for all funds of the City to maximize yield while preserving security of principal and
meeting the City‟s cash flow requirements.
It is the objective of the City that all funds of the City be invested in accordance with the Revised Code of Washington
(RCW) Chapter 35.39, the policies of the City and written administrative procedures. The City‟s investment portfolio shall be
managed in a manner to attain a market rate of return throughout budgetary and economic cycles while preserving and protecting
capital in the overall portfolio.
Funds held for future capital projects (i.e., bond proceeds), whenever possible, are to be invested to produce enough income to
offset increases in construction costs due to inflation. Where possible, prepayment funds for long-term debt service are to be
invested to ensure a rate of return at least equal to the interest being paid on the bonds.
As of December 31, 2009, the market value of the City‟s investment portfolio totaled $21,390,136, as follows:
Type of Investment Balance
LGIP $11,461,060
US Government Securities 4,998,333
Certificates of Deposit 4,930,743
Total $21,390,136
GENERAL AND ECONOMIC INFORMATION
Incorporated in 1903, the City is located in northern Snohomish County approximately 10 miles north of Everett and 40 miles
north of Seattle. The City limits cover an area of approximately 2.2 square miles, and is roughly bounded by the
Stillaguamish River and its flood plain on the north-northwest; I-5 on the west; 164th Street N.E. to 67th Avenue then 172nd
Street on the south; and by SR-9 and the South Fork Stillaguamish flood plain on the east. The City of Marysville lies to
the south and the Tulalip Indian Reservation to the southwest. Further east up the Stillaguamish Valley is the Town of
Darrington.
The City and the immediate area is primarily suburban and rural residential with supporting retail and commercial
enterprises. Light industrial and manufacturing businesses are located in the central portions of the City around the city-
owned Arlington Airport. Unlike many small towns, the City is an employment center with approximately 2.2 jobs per
household.
The City has experienced continued growth over the last twenty years, increasing in population by over 450% since 1990.
Arlington‟s 2009 population is 17,150 and is expected to double by 2025. People and businesses are drawn to the area by the
availability of suitable property and accessibility to water and sewer services.
Population
Historical populations of the City and Snohomish County is shown as follows.
Year City of Arlington Snohomish County
________________________
Source: Washington State Office of Financial Management.
Largest Employers
The following tables provides a list of the major employers in the City and Snohomish County.
CITY OF ARLINGTON – MAJOR EMPLOYERS
Employer Service/Product Employees
Cascade Valley Hospital Healthcare 430
Angel of the Winds Casino Casino and restaurant 260
Aerospace Manufacturing Aircraft parts and frames 240
Masco Services Group Corp. Dry wall contractors 200
Safeway Retail grocer 190
Weyerheuser Hardwoods Inc. Hardwood dimension – flooring mills 170
ABW Technologies Inc. Steel – structural manufacturing 150
Lowe‟s Retail home improvement center 150
UPS Courier services 149
Crown Distributing Co. Inc. Wholesale beer and ale 130
SNOHOMISH COUNTY – MAJOR EMPLOYERS
Employer Service/Product Employees
The Boeing Co. Aircraft assembly 32,000
Naval Station Everett U.S. Military 6,000
Providence Everett Medical Center Healthcare 3,200
Premera Blue Cross Health insurer 3,200
Tulalip Tribes Enterprises Real estate, retail, gaming 3,020
Snohomish County County government 2,965
State of Washington State government 2,800
Everett School District Education 1,700
Phillips Medical Systems Ultrasound technology 1,600
VERIZON Northwest Inc. Telecommunications 1,500
_______________________
Source: Snohomish County Economic Development Council
Economic Data
Following are additional economic indicators for the City, Snohomish County and the State of Washington.
CITY OF ARLINGTON BUILDING PERMITS
2010 (1) $913,632 $17,387,012 $18,300,644
2009 1,246,972 13,343,133 14,590,105
2008 10,093,410 44,166,433 54,259,843
2007 16,826,880 15,495,353 32,322,233
2006 22,512,000 22,819,521 53,350,966
2005 29,205,000 8,074,747 54,035,413
________________________
(1) Data through April 2010.
Source: City of Arlington Building Department.
RESIDENT CIVILIAN LABOR FORCE AND EMPLOYMENT
WASHINGTON STATE AND SNOHOMISH COUNTY
2010(1) 2009 2008 2007 2006 2005
State of Washington
Total Labor Force 3,520,650 3,528,710 3,476,370 3,390,410 3,317,390 3,255,530
Total Employment 3,175,560 3,214,500 3,290,090 3,235,960 3,154,420 3,075,970
Total Unemployment 345,090 314,210 186,280 154,450 162,970 179,560
% of Labor Force 9.8% 8.9% 5.4% 4.6% 4.9% 5.5%
Snohomish County
Total Labor Force 384,310 383,170 373,460 365,840 359,650 347,140
Total Employment 346,240 346,580 353,400 350,350 343,380 329,440
Total Unemployment 38,070 36,590 20,060 15,500 16,270 17,700
% of Labor Force 9.9% 9.5% 5.4% 4.2% 4.5% 5.1%
____________________
(1) Average through April 2010, most recent available. Not seasonally adjusted.
Source: State of Washington Employment Security Department.
NONAGRICULTURAL WAGE AND SALARY EMPLOYMENT IN SNOHOMISH COUNTY
2010(1) 2009 2008 2007 2006 2005
Mining, Logging, and Construction 17,000 18,100 22,700 25,000 22,000 19,800
Manufacturing 51,700 52,800 55,400 53,900 48,400 44,500
Trade, Transportation and Utilities 41,800 42,700 45,200 44,700 41,300 39,100
Information 4,700 4,900 5,500 5,900 5,200 4,100
Financial Activities 11,100 11,500 12,500 13,200 13,100 12,900
Professional and Business Services 19,800 20,800 22,700 23,200 20,300 19,100
Education and Health Services 26,900 26,100 25,200 24,100 22,500 21,500
Leisure and Hospitality 22,000 22,600 23,700 23,600 22,000 20,600
Other Services 8,800 8,900 9,000 8,800 8,500 9,000
Government 38,600 38,800 38,100 36,700 36,400 36,500
Total Nonfarm(2) 242,300 247,200 259,900 259,100 239,600 227,000
______________________
(1) Average through April 2010.
(2) Detail may not add to indicate totals due to rounding. Excludes proprietors, agriculture, self-employed, unpaid family, domestic workers and military.
Includes all full and part-time wage and salary workers receiving pay during the period including the 12th of the month by place of work.
Source: Washington State Employment Security Department, labor Market and Economic Analysis Branch
TAXABLE RETAIL SALES
2009
2008
$334,207,270
375,108,811
$9,244,408,434
10,320,564,762
2007 439,415,449 11,209,498,657
2006 442,000,556 10,438,479,556
2005 418,005,196 9,292,804,838
_______________________
Source: Washington State Department of Revenue.
PERSONAL INCOME
2008(1)
$29,200,407
$42,610
$280,677,561
$42,747
2007
28,257,248
41,813
271,007,842
41,919
2006
25,577,967
38,542
252,022,976
39,550
2005
23,200,827
35,736
230,001,881
36,734
2004
21,632,183
33,830
222,378,678
35,959
________________________
(1) Most recent available.
Source: U.S. Department of Commerce, Bureau of Economic Analysis
MEDIAN HOUSEHOLD INCOME
2009 (1) $60,353 $52,413
2008 (1) 62,071 54,086
2007 65,359 55,771
2006 66,089 56,808
2005 63,454 54,618
______________________
(1) Figures for 2008 are estimates, figures for 2009 are projected and all are presented in current dollars.
Source: Washington State Office of Financial Management.
INITIATIVE AND REFERENDUM
Under the State Constitution, the voters of the State have the ability to initiate legislation and modify existing legislation through
the powers of initiative and referendum, respectively. The initiative power in Washington may not be used to amend the State
Constitution. Initiatives and referenda are submitted to the voters upon rece ipt of a petition signed by at least 8% (initiatives) and
4% (referenda) of the number of voters registered and voting for the office of Governor at the preceding regular gubernatoria l
election. Any law approved in this manner by a majority of the voters may not be amended or repealed by the Legislature within
a period of two years following enactment, except by a vote of two-thirds of all the members elected to each house of the
Legislature. After two years, the law is subject to amendment or repeal by t he Legislature in the same manner as other laws.
TAX EXEMPTION
Exclusion From Gross Income. In the opinion of Bond Counsel, under existing federal law and assuming compliance with applicable
requirements of the Internal Revenue Code of 1986, as amended (the “Code”), that must be satisfied subsequent to the issue date of
the Bonds, interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference
for purposes of the alternative minimum tax applicable to individuals.
Continuing Requirements. The City is required to comply with certain requirements of the Code after the date of issuance of the Bonds in
order to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes, including, without
limitation, requirements concerning the qualified use of Bond proceeds and the facilities financed or refinanced with Bond proceeds,
limitations on investing gross proceeds of the Bonds in higher yielding investments in certain circumstances, and the requirement to
comply with the arbitrage rebate requirement to the extent applicable to the Bonds. The City has covenanted in the Bond Ordinance
to comply with those requirements, but if the City fails to comply with those requirements, interest on the Bonds could become taxable
retroactive to the date of issuance of the Bonds. Bond Counsel has not undertaken and does not undertake to monitor the City‟s
compliance with such requirements.
Corporate Alternative Minimum Tax. While interest on the Bonds also is not an item of tax preference for purposes of the alternative
minimum tax applicable to corporations, under Section 55 of the Code, tax-exempt interest, including interest on the Bonds, received
by corporations is taken into account in the computation of adjusted current earnings for purposes of the alternative minimum tax
applicable to corporations (as defined for federal income tax purposes). Under the Code, alternative minimum taxable income of a
corporation will be increased by 75% of the excess of the corporation's adjusted current earnings (including any tax-exempt interest)
over the corporation's alternative minimum taxable income determined without regard to such increase. A corporation's alternative
minimum taxable income, so computed, that is in excess of an exemption of $40,000, which exemption will be reduced (but not below
zero) by 25% of the amount by which the corporation's alternative minimum taxable income exceeds $150,000, is then subject to a
20% minimum tax.
A small business corporation is exempt from the corporate alternative minimum tax for any taxable year beginning after December 31,
1997, if its average annual gross receipts during the three-taxable-year period beginning after December 31, 1993, did not exceed
$5,000,000, and its average annual gross receipts during each successive three-taxable-year period thereafter ending before the relevant
taxable year did not exceed $7,500,000.
Tax on Certain Passive Investment Income of S Corporations. Under Section 1375 of the Code, certain excess net passive investment income,
including interest on the Bonds, received by an S corporation (a corporation treated as a partnership for most federal tax purposes) that
has Subchapter C earnings and profits at the close of the taxable year may be subject to federal income taxation at the highest rate
applicable to corporations if more than 25% of the gross receipts of such S corporation is passive investment income.
Foreign Branch Profits Tax. Interest on the Bonds may be subject to the foreign branch profits tax imposed by Section 884 of the Code
when the Bonds are owned by, and effectively connected with a trade or business of, a United States branch of a foreign corporation.
Possible Consequences of Tax Compliance Audit. The Internal Revenue Service (the “IRS”) has established a general audit program to
determine whether issuers of tax-exempt obligations, such as the Bonds, are in compliance with requirements of the Code that
must be satisfied in order for the interest on those obligations to be, and continue to be, excluded from gross income for federal
income tax purposes. Bond Counsel cannot predict whether the IRS will commence an audit of the Bonds. Depending on all the
facts and circumstances and the type of aud it involved, it is possible that commencement of an audit of the Bonds could adversely
affect the market value and liquidity of the Bonds until the audit is concluded, regardless of its ultimate outcome.
The Bonds Are “Qualified Tax-Exempt Obligations” for Financial Institutions. Section 265 of the Code generally provides that 100% of
any interest expense incurred by banks and other financial institutions that is allocable to tax -exempt obligations acquired after
August 7, 1986, will be disallowed as a tax deduction. However, if the tax-exempt obligations are obligations other than private
activity bonds, are issued by a governmental unit that, together with all entities subordinate to it, does not reasonably ant icipate
issuing more than $30,000,000 of tax-exempt obligations (other than private activity bonds and other obligations not required to
be included in such calculation) in the current calendar year, and are designated by the governmental unit as “qualified tax -exempt
obligations,” only 20% of any interest expense deduction allocable to those obligations will be disallowed.
The City is a governmental unit that, together with all subordinate entities, reasonably anticipates issuing less than $30,00 0,000 of
tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation)
during the current calendar year, and has designated the Bonds as “qualified tax -exempt obligations” for purposes of the 80%
financial institution interest expense deduction. Therefore, only 20% of the interest expense deduction of a financial institution
allocable to the Bonds will be disallowed for federal income tax purposes.
Reduction of Loss Reserve Deductions for Property and Casualty Insurance Companies. Under Section 832 of the Code, interest on the Bonds
received by property and casualty insurance companies will reduce tax deductions for loss reserves otherwise available to suc h
companies by an amount equal to 15% of tax-exempt interest received during the taxable year.
Effect on Certain Social Security and Retirement Benefits. Section 86 of the Code requires recipients of certain Social Security and certain
Railroad Retirement benefits to take receipts or accruals of interest on the Bonds into account in determi ning gross income.
Other Possible Federal Tax Consequences. Receipt of interest on the Bonds may have other federal tax consequences as to which
prospective purchasers of the Bonds may wish to consult their own tax advisors.
LITIGATION
There is no litigation of any kind now pending or, to the knowledge of the City, threatened to restrain or enjoin the issuance or
delivery of the Bonds or in any manner questioning the proceedings and authority under which the Bonds are issued or affectin g
the ability of the City to pay the principal of or the interest on the Bonds.
CONTINUING DISCLOSURE UNDERTAKING
Basic Undertaking to Provide Annual Financial Information and Notice of Material Events . To assist the Underwriter in meeting the
requirements of United States Securities and Exchange Commission (“SEC”) Rule 15c2 -12(b)(5) (the “Rule”), as applicable to a
participating underwriter for the Bonds, the City will undertake (the “Undertaking”) for the benefit of holders of the Bonds to
provide or cause to be provided, either directly or through a designated agent, to the Municipal Securities Rulemaking Board
(“MSRB”) in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the
MSRB, annual financial information and operating data of the type included in this Official Statement as generally described
below (“annual financial information”); and to the MSRB timely notice of the occurrence of any of the following events with
respect to the Bonds (as currently defined as follows or as redefined by MSRB in the future), if material: (i) principal and interest
payment delinquencies; (ii) non payment related defaults; (iii) unscheduled draws on debt service reserves reflecting financial
difficulties; (iv) unscheduled draws on credit enhancements reflecting financial difficulties; (v) substitution of credit or liquidity
providers, or their failure to perform; (vi) adverse tax opinions or events affecting the tax exempt status of the Bonds;
(vii) modifications to rights of holders of the Bonds; (viii) Bond calls (other than scheduled mandatory redemptions of Term
Bonds for which notice is given pursuant to Exchange Act Release 34 -23856); (ix) defeasances; (x) release, substitution, or sale of
property securing repayment of the Bonds; and (xi) rating changes. The City also will provide to the MSRB timely notice of a
failure by the City to provide required annual financial information on or before the date specified below.
Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide
will consist of (i) annual financial statements prepared (except as otherwise noted therein) in accordance with generally accepted
accounting principles promulgated by the Government Accounting Standards Board, as such principles may be changed from
time to time, which statements will not be audited, except however, that if and when audited financial statements are otherwi se
prepared and available to the City they will be provided; (ii ) principal amount of outstanding Parity Bonds and debt service
coverage; (iii) rates for the System and the number of customers of the System; and will be provided to the MSRB not later than
the last day of the ninth month after the end of each fiscal yea r of the City (currently, a fiscal year ending December 31 as such
fiscal year may be changed as required or permitted by State law, commencing with the City‟s fiscal year ending December 31,
2010).
The annual financial information may be provided in a single or multiple documents and may be incorporated by specific
reference to documents available to the public on the Internet website of the MSRB or filed with the SEC.
Amendment of Undertaking. The Undertaking is subject to amendment after the primary off ering of the Bonds without the consent
of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency, o r the
MSRB, under the circumstances and in the manner permitted by the Rule and with an opin ion of bond counsel.
The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief
statement of the reasons for the amendment. If the amendment changes the type of annual financial information t o be provided,
the annual financial information containing the amended financial information will include a narrative explanation of the eff ect of
that change on the type of information to be provided.
Termination of Undertaking. The City‟s obligations under the Undertaking shall terminate upon the legal defeasance, prior
redemption, or payment in full of all of the Bonds. In addition, the City‟s obligations under the Undertaking shall terminat e if
those provisions of the Rule that require the City to com ply with the Undertaking are invalid, have been repealed retroactively, or
otherwise do not apply in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond couns el
to the City, and the City provides timely notice of such termination to the MSRB.
Remedy for Failure to Comply with Undertaking. No failure by the City or other obligated person to comply with the Undertaking will
constitute a default in respect of the Bonds. The sole remedy of any holder or beneficial own er of a Bond will be to seek an order
of specific performance from an appropriate court to compel the City or other obligated person to comply with the Undertaking .
Compliance with Continuing Disclosure Undertakings
The City has complied with all prior undertakings under the Rule.
BOND RATING
The City received a rating of “___” from Moody‟s Investors Service (“Moody‟s”). A municipal bond rating reflects a rating
agency‟s current assessment of a number of factors relating to the issuer of any debt, includi ng the likelihood of repayment of
such debt, the perceived quality of management and administration of the entity, the nature and relative health of the local
economy in which the issuer exists and the overall financial condition and operational controls w hich exist for the issuer. The
existence of a bond rating does not imply a recommendation by a rating agency to purchase, sell or hold any such security,
inasmuch as it does not take into account a number of subjective variables, including the market pric e of any such security or
suitability of such security for any particular investor.
A credit rating is based on current information furnished by the issuer or obtained by a rating agency from sources which it
considers to be reliable. Moody‟s does not perform an audit in connection with any credit rating it may assign and may, on
occasion, rely on un-audited financial information. A bond rating may be changed, suspended or withdrawn as a result of changes
in, or unavailability of, such information, or for other circumstances.
APPROVAL OF BOND COUNSEL
Legal matters incident to the authorization, issuance, and sale of the Bonds by the City are subject to the approving legal o pinion
of Foster Pepper PLLC, Seattle, Washington, Bond Counsel. The form of the opinion of Bond Counsel with respect to the
Bonds is attached as Appendix A. The opinion of Bond Counsel is given based on factual representations made to Bond
Counsel, and under existing law, as of the date of initial delivery of the Bonds, and Bond Cou nsel assumes no obligation to revise
or supplement its opinion to reflect any facts or circumstances that may thereafter come to its attention, or any changes in law
that may thereafter occur. The opinion of Bond Counsel is an expression of its profession al judgment on the matters expressly
addressed in its opinion and does not constitute a guarantee of result. Bond Counsel will be compensated only upon the issua nce
and sale of the Bonds.
LIMITATIONS ON REMEDIES
Any remedies available to the owners of the Bonds upon the occurrence of an event of default under the Bond Ordinance are in
many respects dependent upon judicial actions, which are in turn often subject to discretion and delay and could be both
expensive and time consuming to obtain. If the City fails to comply with its covenants under the Bond Ordinance or to pay
principal of or interest on the Bonds, there can be no assurance that available remedies will be adequate to fully protect th e
interests of the owners of the Bonds.
In addition to the limitations on remedies contained in the Bond Ordinance, the rights and obligations under the Bonds and the
Bond Ordinance may be limited by and are subject to bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium ,
and other laws relating to or affecting creditors‟ rights, to the application of equitable principles, and to the exercise of judicial
discretion in appropriate cases. The opinion to be delivered by Foster Pepper PLLC, as Bond Counsel, concurrently with the
issuance of the Bonds, will be subject to limitations regarding bankruptcy, insolvency, and other laws relating to or affecting
creditors‟ rights. The various other legal opinions to be delivered concurrently with the issuance of the Bonds will be simi larly
qualified. A complete copy of the proposed form of opinion of Bond Counsel is set forth in Appendix A.
CONFLICTS OF INTEREST
Some or all of the fees of the Underwriter and Bond Counsel are contingent upon the issuance and sale of the Bonds.
Furthermore, Bond Counsel from time to time serves as counsel to the Underwriter with respect to issuers other than the City
and transactions other than the issuance of the Bonds. None of the council members or other officers of the City have intere sts
in the issuance of the Bonds that are prohibited by applicable law.
UNDERWRITING
The Underwriter has agreed, subject to certain conditions, to purchase all of the Bonds at a price of $_________. The
Underwriter has represented that the Bonds will be reoffered at the prices or yields s et forth on the inside cover hereof, and such
initial offering prices may be changed from time to time by the Underwriter. After the initial public offering, the public o ffering
prices may be varied from time to time.
The Underwriter has entered into an agreement (the “Distribution Agreement”) with Advisors Asset Management, Inc. (“AAM”),
for the distribution of certain municipal securities offerings allocated to the Underwriter at the original offering prices. Under the
Distribution Agreement, if applicable to the Bonds, the Underwriter will share with AAM a portion of the fee or commission,
exclusive of management fees, paid to the Underwriter.
CONCLUDING STATEMENT
All estimates, assumptions, statistical information and other statements contained herein , while taken from sources considered
reliable, are not guaranteed by the City or the Underwriter. So far as any statement herein includes matters of opinion, or
estimates of future expenses and income, whether or not expressly so stated, they are intende d merely as such and not as
representations of fact.
The information contained herein should not be construed as representing all conditions affecting the City or the Bonds.
Additional information may be obtained directly from the City or the Underwriter.
The foregoing statements relating to the Bond Ordinances and other documents are in all respects subject to and qualified in their
entirety by provisions of such documents.
This Official Statement, starting with the cover page and all subsequent pages, including any appendices, comprise the entire
Official Statement, which has been approved by the City. The City has represented to the Underwriter that the portions of th is
Official Statement directly pertaining to the City neither contain any misrepresentation of material fact nor omit any material fact
necessary to understand the financial, economic or legal nature of the City or any information presented herein.
CITY OF ARLINGTON, WASHINGTON
By ____________________________________
Authorized Representative
APPENDIX A
FORM OF LEGAL OPINION
APPENDIX B
2008 AUDITED FINANCIALS
APPENDIX C
DTC & BOOK-ENTRY SYSTEM
The following information has been provided by DTC. The City makes no representation regarding the accuracy or completeness thereof. Beneficial
Owners should therefore confirm the following with DTC or the Direct Participants (as hereinafter defined).
DTC will act as securities depository for the Bonds. The Bonds will be issued as fully -registered securities in the name of Cede &
Co. (DTC‟s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully -
registered Bond certificate will be issued for each issue of the Bonds, each in the aggregate principal amount of such issue, and
will be deposited with DTC.
DTC, the world‟s largest depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking
organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clear ing
corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the
provisions of Section 17A of the Securities Exchange Act of 1934.
DTC holds and provides asset servicing for over two million i ssues of U.S. and non-U.S. equity issues, corporate and municipal
debt issues, and money market instruments from over 85 countries that DTC‟s participants (“Direct Participants”) deposit with
DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in
deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants‟ accounts.
This eliminates the need for physical movement of securities certifica tes. Direct Participants include both U.S. and non-U.S.
securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a who lly-
owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC ”). DTCC, in turn, is owned by a number of Direct
Participants of DTC and Members of the National Securities Clearing Corporation, Government Securities Clearing Corporation,
MBS Clearing Corporation, and Emerging Markets Clearing Corporation, (NSCC, GSCC , MBSCC, and EMCC, also subsidiaries
of DTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange, LLC., and the National Association
of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers
and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct
Participant, either directly or indirectly (“Indirect Participants”). DTC has Standard & Poor‟s highest rating: AAA. The DTC
Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can
be found at www.dtcc.com.
Purchases of Bonds under the DTC system must be made by or throu gh Direct Participants, which will receive a credit for the
Bonds on DTC‟s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be
recorded on the Direct and Indirect Participants‟ records. Beneficial O wners will not receive written confirmation from DTC of
their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transacti on, as
well as periodic statements of their holdings from the Direct or Ind irect Participant through which the Beneficial Owner entered
into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of
Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates
representing their ownership interests in Bonds, except in the event that use of the book -entry system for the Bonds is
discontinued.
To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC‟s
partnership nominee, Cede & Co or such other name as may be requested by an authorized representative of DTC. The deposit
of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in
beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC‟s records reflect only the
identity of the Direct Participants to whose accounts such Bonds are credited, which may or ma y not be the Beneficial Owners.
The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their custome rs.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct Partic ipants to Indirect Participants,
and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subjec t
to any statutory or regulatory requirements as may be in effect from time to time.
Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC‟s practice is to
determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
Neither DTC nor Cede & Co. (nor suc h other DTC nominee) will consent or vote with respect to the Bonds unless authorized by
a Direct Participant in accordance with DTC‟s Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City
as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.‟s consenting or voting rights to those Direct
Participants to whose accounts the Bonds are credited on the record date (identified in a listing attached to the Omnibus Pro xy).
Redemption proceeds, distributions, a nd dividend payments on the Bonds will be made to Cede & Co., or such other nominee as
may be requested by an authorized representative of DTC. DTC‟s practice is to credit Direct Participants‟ accounts, upon DTC ‟s
receipt of funds and corresponding detail information from the City or Bond Registrar on payable date in accordance with their
respective holdings shown on DTC‟s records. Payments by Participants to Beneficial Owners will be governed by standing
instructions and customary practices, as is the case with Bonds held for the accounts of customers in bearer form or registered in
“street name,” and will be the responsibility of such Participant and not of DTC (nor its nominee), the Bond Registrar, or th e
City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds,
distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative
of DTC) is the responsibility of the City or the Bond Registrar, disbursement of such payments to Direct Participants will be the
responsibility of DTC, and disbursement of such payments to Beneficial Owners will be the responsibility of Direct and Indire ct
Participants.
DTC may discontinue providing its services as bond depository with respect to the Bonds at any time by giving reasonable notice
to the City or the Bond Registrar. Under such circumstances, in the event that a successor bond depository is not obtained, Bond
certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book -entry-only
transfers through DTC (or a successor bond depository). In that event, Bond certificates will be printed and delivered to DT C.
The City may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository).
In that event, Bond certificates will be printed and delivered.
The information in this section concerning DTC and DTC‟s book-entry system has been obtained from sources that the City and
the Underwriter believe to be reliable, but neither the City nor the Underwriter takes responsibi lity for the accuracy thereof.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP ITEM #5
ATTACHMENT D
COUNCIL MEETING DATE:
June 14, 2010
SUBJECT:
Financial Software Purchase
DEPARTMENT OF ORIGIN:
Finance
CONTACT: Jim Chase, Finance Director
403-3422
ATTACHMENTS:
1. Bid Proposal
EXPENDITURES REQUESTED: Purchase Financial Software
BUDGET CATEGORY: Capital Outlay
LEGAL REVIEW:
DESCRIPTION:
The time has come to purchase new financial software. Staff viewed demonstrations from two
companies that have software specific to small cash-basis cities in the State of Washington.
These companies are both headquartered in Spokane. Each software has the BARS (Budgeting,
Accounting Reporting System) integrated into the system, which use is mandated by the State
Auditor’s Office.
Staff felt the BIAS (BARS Integrated Accounting System) Accounting Software was the preferred
choice in both ease of use and price ($41,728). Vision Municipal Solutions is the other company
($43,300). Each has offered 2, 3 and 5 year financing at no interest.
The Airport office and the Cemetery office would also use the software.
The critical issue at hand is with the Utility Billing Program. Moving to monthly billing has
uncovered some challenges in staying with the old (ASP) program.
What little user documentation there is, is old and outdated.
BIAS has a utility billing program currently up and running where Vision is in the process of
writing one but will not be available until sometime in 2011.
Currently 61 cities in Washington use the BIAS system. 46 use cities use Vision.
HISTORY:
The company that wrote and supported the ASP program is no longer in business. It was
originally purchased in 1992.
ALTERNATIVES:
1. Table for additional review
2. Do not purchase new software and continue to use ASP.
RECOMMENDED ACTION:
Authorize the purchase the BIAS Software program.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP ITEM #6
ATTACHMENT E
COUNCIL MEETING DATE:
June 14, 2010
SUBJECT:
Update of Arlington Municipal Code – Title 16
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Strikeout version of Title 16 – Building & Construction
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is ongoing
DESCRIPTION:
Proposed changes within Title 16 of the Arlington Municipal Code are attached for the
Council’s review. AMC Title 16 discusses a variety of building and construction regulations,
including the adoption of the International Codes.
Chapters 16.70, 16.71, 16.72, 16.73, 16.74, 16.75, and 16.76 will be revised and recodified in a
NEW Title 21 of the AMC. Revisions to these Chapters will come to the Council in July.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
1 Current AMC Title 16 with Strikeouts
6/9/10
Title 16 BUILDINGS AND CONSTRUCTION
Chapters:
16.04 International Building Code (AMENDED)
16.06 International Code Council Performance Code (AMENDED)
16.08 International Existing Building Code (AMENDED)
16.10 International Residential Code (AMENDED)
16.12 Uniform Swimming Pool, Spa and Hot Tub Code (DELETE - ALREADY IN
IRC)
16.16 Washington State Energy Code (AMENDED)
16.20 Ventilation and Indoor Air Quality Code (AMENDED)
16.24 International Property Maintenance Code (AMENDED)
16.28 Building Construction and Life Safety Code (AMENDED)
16.32 International Mechanical Code (AMENDED)
16.36 International Uniform Plumbing Code (AMENDED)
16.40 Moved Buildings Code
16.48 Uniform Housing Code (DELETE – ALREADY CONTAINED IN TITLE 11)
16.52 Building Fees
16.56 Installation Standards for Manufactured Homes (AMENDED)
16.60 Signs (DELETE – ALREADY IN LAND USE CODE)
TO BE REVISED AND PLACED IN NEW TITLE 21 (REVIEW IN JULY)
16.70 Telecommunications Facilities
16.71 Master Land Use Permits for Telecommunications Carriers and Providers
16.72 Telecommunications Franchise
16.73 Telecommunications Right-of-Way Use Permits
16.74 Cable Television Franchise
16.75 Conditions of Permits and Franchises
16.76 Construction Standards for Cable and Telecommunications Facilities
2 Current AMC Title 16 with Strikeouts
6/9/10
Chapter 16.04 INTERNATIONAL BUILDING CODE
Sections:
16.04.010 Title.
16.04.020 Documents adopted by reference.
16.04.030 Administration and enforcement--Rules and regulations.
16.04.040 Administration and enforcement--Building official authority.
16.04.045 Liability limitations.
16.04.050 Conflict with Washington State Ventilation and Indoor Air Quality Code.
16.04.060 Notices.
16.04.070 Amendments and additions.
16.04.080 Permit issuance.
16.04.090 Certificate occupancy requested.
16.04.100 Occupancy defined.
16.04.110 Wind design.
16.04.120 Membrane structures.
16.04.130 Preapplication conference.
16.04.140 Applications.
16.04.150 Building permit conditions.
16.04.160 Certification.
16.04.230 Penalty for violations.
16.04.010 Title.
This chapter shall be known as the International Building Code of the City of Arlington.
16.04.020 Documents adopted by reference.
The 2006 current edition of the International Building Code, including the chapters of its
Appendix: E, F, G, I, and J as published by the International Code Council, as set forth in
Washington Administrative Code Chapter 51-50 and adopted by the Washington State Building
Code Council under the provisions of RCW 19.27, is adopted by reference as the city's building
code.
16.04.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate, adopt, and issue those rules
and regulations necessary for the effective and efficient administration of this code.
16.04.040 Administration and enforcement--Building official authority.
The building official of the city shall be deemed to be the "building official" as defined in
Section 202 of the International Building Code. The International Building Code shall be
administered and enforced by the building official of the city.
16.04.045 Liability limitations.
Nothing contained in this chapter or in the International Building Code is intended to be,
nor shall be, construed to create or form the basis for any liability on the part of the city or its
officers, employees or agents, for any injury or damage resulting from the failure of a building to
conform to the provisions of the International Building Code.
3 Current AMC Title 16 with Strikeouts
6/9/10
16.04.050 Conflict with Washington State Ventilation and Indoor Air Quality Code.
In case of conflict between the ventilation requirements of Chapter 16.20 of this code and the
ventilation requirements of Washington Administrative Code Chapter 51-13, the Washington
State Ventilation and Indoor Air Quality Code, the provisions of the Ventilation and Indoor Air
Quality Code shall govern.
16.04.060 Notices.
It is unlawful for any person to remove, mutilate, destroy or conceal any lawful notice
issued or posted by the building official pursuant to the provisions of this code.
16.04.070 Amendments and additions.
The following sections of the International Building Code as adopted in Section
16.04.020 are amended to read as follows:
Section 101.1 These regulations shall be known as the Building Code of the City of Arlington,
Washington hereinafter referred to as "this code".
Section 101.4.1 Electrical
The provisions of the National Electrical Code as set forth in the Washington Administrative
Code Chapter 296-46B as regulated and enforced by State of Washington Labor & Industries,
Electrical Division shall apply to the installation of electrical systems, including alterations,
repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.
Section 101.4.4 Plumbing
The provisions of the City of Arlington Plumbing Code as adopted by the Arlington Municipal
Code Chapter 16.36 shall apply to the installation, alteration, repair and replacement of plumbing
systems, including equipment, appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of medical gas system. The provisions of
the State of Washington requirements for private sewage disposal shall apply to private sewage
disposal systems.
Section 101.4.5 Property Maintenance
The provisions of the City of Arlington Property Maintenance Code as adopted by Arlington
Municipal Code Chapter 16.24 shall apply to existing structures and premises; equipment and
facilities; light, ventilation, space heating, sanitation, life and fire safety hazards, responsibilities
of owners, operators and occupants; and occupancy of existing premises and structures.
Section 101.4.7 Energy
The provisions of the State of Washington Energy Code as adopted by Arlington Municipal
Code Chapter 16.16 and the State of Washington Ventilation and Indoor Air Quality Code as
adopted by Arlington Municipal Code Chapter 16.20 adopted in the International Residential
Code and Arlington Municipal Code Chapter 16.10 shall apply to all matters governing the
design and construction of buildings for energy efficiency.
Section 104.1 General, is amended to read:
4 Current AMC Title 16 with Strikeouts
6/9/10
The Building Official is hereby authorized and directed to enforce the provisions of this code,
including any requirements or regulations imposed on a project as a condition of a land use
approval process, as those conditions relate to permit issuance as required in Section 105.3.1.1
and issuance of a certificate of occupancy as required in Section 110.2.1. The Building Official
shall have the authority to render interpretations of this code and to adopt policies and
procedures in order to clarify the application of its provisions. Such interpretations, policies and
procedures shall be in compliance with the intent and purpose of this code. Such policies and
procedures shall not have the effect of waiving requirements specifically provided for in this
code.
Section 105.2, item 4 is amended to read:
Retaining walls which are not over 4 feet in height measured from the bottom of the footing to
the top of the wall, provided the wall is set back from any adjacent property lines or structures a
distance at least equal to the height of the wall and the material retained slopes 1 vertical to 2
horizontal (or less) up and away from the wall unless supporting a surcharge or impounding
Class I, II or IIIA liquids.
Section 105.2, item 11 is amended to read:
Swings and other playground equipment.;b1
Section 105.3.1.1 Prerequisites for issuance of permit:
The Building Official shall determine whether the following requirements have been met prior to
issuance of a permit:
1. Any requirements or regulations imposed on a project as a condition of a land use approval
process;
2. Any requirements or regulations imposed on a project as a condition the site civil approval
process;
3. Any transportation, school, parks or other mitigation or impact fees are paid;
4. Approval of Design Review as required by Arlington Municipal Code Chapter 20.46;
5. Compliance with the State Environmental Policy Act, as adopted by Arlington Municipal
Code chapter 20.98;
6. Compliance with the Flood Management requirements as adopted by Arlington Municipal
Code Chapter 20.64;
7. Compliance with Environmentally Critical Areas Protection requirements as required by
Arlington Municipal Code Chapter 20.88;.
Section 106.1 shall have a new sentence added to the end of the paragraph as follows:Submittal
Documents
All plans for construction, erection, enlargement, alteration or repairs of building or structures
4,000 square feet or over shall be designed, prepared and stamped by an architect licensed by the
state of Washington.
Section 108.3 shall have a new sentence added to the end of the paragraph as followsBuilding
Permit Valuation:
The valuation for commonly built structures shall be determined by the most current issue of the
Building Safety Journal, which offers the legacy building valuation data fee schedule as
published by the International Code Council, adopted herein by reference.
5 Current AMC Title 16 with Strikeouts
6/9/10
Section 110.5 Violation of requirements for certificate of occupancy.
The City Council affirms that the issuance of any certificate of occupancy is of vital importance
in the safeguarding of life safety, property safety and health of occupants of any structure; and
further, that the enforcement of all city development regulations is of vital importance to the
city's economic vitality and the public good. Any person allowing a building to be occupied
without a certificate of occupancy first being issued as required by this Chapter shall be subject
to the civil penalty provisions of the Arlington Municipal Code Chapters 1 and 11 and is subject
to be abatement in accordance with the abatement procedures specified in Arlington Municipal
Code Chapter 16.4448, including posting to prevent occupancy.
Section 112 Board of Appeals is hereby not adopted.
Section 202 Grade Plane. A referenced plane representing the average of the finished ground
level, adjoining the building at all exterior walls. Where the finished ground level slopes away
from the exterior walls, the reference plane shall be established by the lowest points within the
area between the building and the lot line or, where the lot line is more than 10 feet from the
building between the structure and a point 10 feet from the building.
Section 403.1 Scope.
The provisions of this section shall apply to all buildings having occupied floors located more
than fifty feet above the lowest level of the fire department vehicle access. Such buildings shall
be provided with an approved automatic sprinkler system throughout in accordance with Section
403.2.
Chapter 11. Accessibility. Chapter 11 and other International Building Code requirements for
barrier-free access, including ICC A117.1-2003 and appendix E are hereby adopted pursuant to
chapters 70.92 and 19.27 RCW.
Section 3201.4 Right-of-way Permits. A permit is required for any construction, alteration,
repair, move, demolish, replace, use or encroachment into the public right-of way as determined
by the City Engineer.
Appendix Section H101.2 Signs exempt from permits:
Signs exempt from the requirements to obtain a permit before erection are listed in Arlington
Municipal Code Chapter 20.68.
Appendix Section H101.3 shall have a new sentence added to the end of the paragraph as follow:
Local sign regulations are also contained in AMC Chapter 20.68, Signs. Where this code and
AMC 20.68 conflict, the stricter of the regulations shall apply.
Appendix Section H110 is hereby deleted. Roof signs are not allowed except per AMC Section
20.68.810.
Appendix Section J103.1 Permits Required.
Except as exempted in Section J103.2, no grading shall be performed without first having
obtained a permit therefore from the City Engineer. A grading permit does not include the
construction of retaining walls or other structures.
Appendix Section J104.3, Exception.
A soils report is not required where the Building Official or the City Engineer determines that the
nature of the work applied for is such that a report is not necessary.
Appendix Section J106.1, Exception 1, Item 1.4
It is approved by the City Engineer.
Appendix Section J108.3, Slope Protection.
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Where required to protect adjacent properties at the toe of a slope from adverse effects of the
grading, additional protection, approved by the City Engineer, shall be included.
Appendix Section J109.3 Interceptor Drains.
Interceptor drains shall be installed along the top of cut slopes receiving drainage from a
tributary width greater than 40 feet, measured horizontally. They shall have a minimum depth of
1 foot and a minimum width of 3 feet. The slope shall be approved by the City Engineer, but
shall not be less than 50 horizontal to 1 vertical. The drain shall be paved with concrete not less
than 3 inches in thickness, or by other materials suitable to the application. Discharge from the
drain shall be accomplished in a manner to prevent erosion and shall be approved by the City
Engineer.
16.04.080 Permit issuance.
Section 106.4.4 of the Uniform Building Code, 1997 Edition, as adopted, is amended by
deleting and inserting in its place the following wording:
106.4.4 Expiration. Every permit issued by the Building Official under the provisions of this
Code, except demolition permits, shall expire by limitation and become null and void if the
building or work authorized by such permit is not commenced within 180 days from the date of
such permit, or if the building or work authorized by such permit is suspended or abandoned at
any time after the work is commenced for a period of 180 days. Before such work can be
recommenced, a new permit shall be first obtained so to do and the fee therefor shall be one-half
the amount required for a new permit for such work, or based on the valuation of the work that
remains to be done, whichever is less, provided no changes have been made in the original plans
and specifications for such work, and provided further that such suspension or abandonment has
not exceeded 1 year. In order to renew action on a permit after expiration, the permittee shall pay
a new full permit fee. Demolition permits shall expire by limitation 30 days after date of issue.
Any permittee holding an unexpired permit may apply for an extension of the time within which
work may commence under that permit when permittee is unable to commence work within the
time required by this section for good and satisfactory reasons. The Building Official may extend
the time for action by the permittee for a period not exceeding 180 days upon written request by
the permittee showing circumstances beyond the control of the permittee have prevented action
from being taken. No permit shall be extended more than once.
16.04.090 Certificate occupancy requested.
Section 109.1 of the Uniform Building Code, 1997 Edition, as adopted, is amended by
deleting and inserting in its place the following wording:
Section 109.1 Use or Occupancy. No building or structure shall be used or occupied, and no
change in the existing occupancy classification of a building or structure or portion thereof shall
be made until the Building Official has issued a Certificate of Occupancy therefor provided
herein. No building in Group M shall be used or occupied without first having obtained a final
inspection and approval by the Building Official.
16.04.100 Occupancy defined.
Section 216-0 of the Uniform Building Code, 1997 Edition, as adopted, is amended by
deleting and inserting in its place the following:
Occupancy is the purpose for which a building, or part thereof, is used or intended to be used.
Occupancy includes the installation of shelving, furniture, fixtures, and appliances unless such
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items are included in a building permit. Occupancy also includes stocking of shelves, storage of
furniture or material for sale, interviewing personnel or use for managerial duties.
16.04.110 Wind design.
Section 1618 of the Uniform Building Code, 1997 edition, as herein adopted, is amended
by adding the following sentence:
The minimum basic wind speed shall be 80 m.p.h.
16.04.120 Membrane structures.
Chapter 31, Div. II, of the Appendix to the Uniform Building Code, 1997 Edition, as
herein adopted, is amended to add the following:
Membrane structures shall not be permitted in front yards as defined in the Unified Development
Code. They shall be permitted in side yards and new yards as defined in Chapter IV B provided
that said structures shall otherwise comply with all requirements of the Arlington Municipal
Code and the Unified Development Code including setback requirements.
16.04.130 Preapplication conference.
Purpose. In order to provide applicants with information regarding the materials and
submittals which may be required for a commercial/industrial building, grading, excavation or
paving application, a mandatory preapplication review process is established for all minor
development permits as set forth in the provisions of the unified development code. All
applicants for any commercial/industrial building, grading, excavation or paving permits shall,
prior to submitting a building permit application, first request in writing and hold a
preapplication conference with the city's responsible official or his or her designee.
16.04.140 Applications.
Applications for minor development permits shall conform to the provisions of the
unified development code.
16.04.150 Building permit conditions.
A commercial/industrial building, grading, paving or excavation permit shall not be
issued for a minor development permit until the city's responsible official finds that the streets,
roads, parks, sewer, water and drainage system within the city are present and adequate to serve
the facility and that the facility will meet the performance standards of the unified development
code. Where the city's responsible official determines a site plan review is required, the building
permit shall not be issued until the site plan review process is complete.
16.04.160 Certification.
Certifications for concurrency management shall conform to the provision as set forth in
the unified development code.
16.04.230 Penalty for violations.
(a) Any person, firm or corporation violating any of the provisions of this title is guilty of a
misdemeanor, and each such person shall be deemed guilty of a separate offense for each and
every day or portion thereof during which any violation of any of the provisions of this title is
committed, continued, or permitted, and upon conviction of any such violation such person shall
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be punishable by a fine or by imprisonment or both such fine and imprisonment, as provided in
Section 1.04.010 of this code.
(b) Anyone concerned in the violation or failure to comply with the provisions of this code,
whether directly committing act or effecting the omission constituting the offense or aiding or
abetting the same shall be guilty of a misdemeanor and punished as set forth herein.
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Chapter 16.06 INTERNATIONAL CODE COUNCIL
PERFORMANCE CODE
Sections:
16.06.010 Title.
16.06.020 Document adopted by reference.
16.06.030 Administration and enforcement--Rules and regulations.
16.06.040 Administration and enforcement--Building official authority.
16.06.050 Liability limitations.
16.06.010 Title.
This chapter shall be known as the International Code Council Performance Code of the
City of Arlington.
16.06.020 Document adopted by reference.
The 2006 current edition of the International Code Council Performance Code, as
published by International Code Council, as set forth in Washington Administrative Code
Chapter 51-50 and adopted by the Washington State Building Code Council under the provisions
of RCW 19.27, is adopted by this reference as the city's International Code Council Performance
Code.
16.06.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations as
may be necessary to the effective and efficient administration of the code.
16.06.040 Administration and enforcement--Building official authority.
The International Code Council Performance Code shall be administered and enforced by
the city building official.
16.06.050 Liability limitations.
Nothing contained in this chapter or in the International Code Council Performance Code
is intended to be, nor shall be, construed to create or form the basis for any liability on the part of
the city or its officers, employees or agents, for any injury or damage, resulting from the failure
to conform to the provisions of this code.
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Chapter 16.08 INTERNATIONAL EXISTING BUILDING CODE
Sections:
16.08.010 Title.
16.08.020 Document adopted by reference.
16.08.030 Administration and enforcement--Rules and regulations.
16.08.040 Administration and enforcement--Building official authority.
16.08.050 Amendments to Section 101.2.
16.08.060 Amendments to Section 102.4.
16.08.070 Amendment to Section 103.1.
16.08.080 Amendment to Section 112.
16.08.090 Liability limitations.
16.08.010 Title.
This chapter shall be known as the International Existing Building Code of the City of
Arlington.
16.08.020 Document adopted by reference.
The 2006 current edition of the International Existing Building Code, including Appendix
A, as published by International Code Council as set forth in Washington Administrative Code
Chapter 51-50 and adopted by the Washington State Building Code Council under the provisions
of RCW 19.27, is adopted by this reference as the city's existing building code.
16.08.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations as
may be necessary to the effective and efficient administration of the code.
16.08.040 Administration and enforcement--Building official authority.
The International Existing Building Code shall be administered and enforced by the city
building official.
16.08.050 Amendments to Section 101.2.
Section 101.2 is hereby amended to read as follows:
Scope. The provisions of the International Existing Building Code shall apply to the repair,
alteration, changes of occupancy, addition and relocation of existing buildings. A building or
portion of a building that has not been previously occupied or used for its intended purpose shall
comply with the provisions of the International Existing Code for new construction. Repairs,
alterations, changes of occupancy, existing buildings to which additions are made, historic
buildings, and relocated buildings complying with the provisions of the International Building
Code, International Mechanical Code, Uniform Plumbing Code, and International Residential
Code as applicable shall be considered in compliance with the provisions of this code.
16.08.060 Amendments to Section 102.4.
Section 102.4 shall be amended to read as follows:
Referenced codes and standards. The codes and standards referenced in this code shall be
considered part of the requirements of this code to the prescribed extent of each such reference.
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Where differences occur between provisions of this code and referenced codes and standards, the
provisions of this code shall apply. References made to the International Plumbing Code shall be
replaced referencing the Uniform Plumbing Code. References made to the International Code
Council Electrical Code shall be replaced referencing the National Electrical Code.
16.08.070 Amendment to Section 103.1.
Section 103.1 shall be amended to read as follows:
Creation of enforcement agency. All references to the term "code official" shall deem to mean
the Building Official or any duly authorized representative.
16.08.080 Amendment to Section 112.
Section 112 Board of Appeals is hereby not adopted.
16.08.090 Liability limitations.
Nothing contained in this chapter or in the International Existing Building Code is
intended to be, nor shall be, construed to create or form the basis for any liability on the part of
the city or its officers, employees or agents, for any injury or damage resulting from the failure
of a building to conform to the provisions of the International Existing Building Code.
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Chapter 16.10 INTERNATIONAL RESIDENTIAL CODE
Sections:
16.10.010 Title.
16.10.020 Documents adopted by reference.
16.10.030 Administration and enforcement--Rules and regulations.
16.10.040 Administration and enforcement--Building official authority.
16.10.050 Notices.
16.10.060 Liability limitations.
16.10.070 Amendments and additions.
16.10.010 Title.
This chapter shall be known as the International Residential Code of the City of
Arlington.
16.10.020 Documents adopted by reference.
The 2006 current edition of the International Residential Code, including the following
chapters of its Appendix: A, B, C, D, G, H, J, K and P as published by the International Code
Council, as set forth in Washington Administrative Code Chapter 51-51 and adopted by the
Washington State Building Code Council under the provisions of RCW 19.27, is adopted by
reference. with the following deletions, additions, and exceptions as the city's residential building
code; provided, however, that Chapters 11, and 25 through 42 are not adopted.
16.10.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate, adopt, and issue those rules
and regulations necessary for the effective and efficient administration of this code.
16.10.040 Administration and enforcement--Building official authority.
The building official of the city shall be deemed to be the "building official" as defined in
Section 202 of the International Building Code. The International Residential Code shall be
administered and enforced by the building official of the city.
16.10.050 Notices.
It is unlawful for any person to remove, mutilate, destroy or conceal any lawful notice
issued or posted by the building official pursuant to the provisions of this code.
16.10.060 Liability limitations.
Nothing contained in this chapter or in the International Residential Code is intended to
be, nor shall be, construed to create or form the basis for any liability on the part of the city or its
officers, employees or agents, for any injury or damage resulting from the failure of a building to
conform to the provisions of the International Residential Code.
16.10.070 Amendments and additions.
The following sections of the International Residential Code as adopted in Section
16.10.020 are amended to read as follows:
Section R101.1 Title, amended to read as follows:
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These provisions shall be known as the international Residential Code for One and Two-Unit
Dwellings of the City of Arlington, and shall be cited as such and will be referred to as "this
code."
Section R301.2 (a) Climate and Geographic Design Criteria, to be filled-in as follows:
TABLE INSET:
Ground Snow Load: 15 PSF
Wind speed: 85 MPH
Seismic Design Group: D1
Damage from Weathering: Moderate
Frost Line Depth: 12 Inches
Termite: None to Slight
Decay: Slight to Moderate
Winter Design Temp: 27 Degrees
Ice Shield Underlayment: No
Air Freezing Index: N/A
Mean Annual Temperature: 50 Degrees
Section R112 Board of Appeals is hereby not adopted.
Appendix P Sprinkling.
Section AP101 Fire Sprinklers, is hereby amended to read as follows:
An approved automatic fire sprinkler system shall be installed in new townhouses, four (4) units
or more, in accordance with Section 903.3.1 of the International Building Code.
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Chapter 16.12 UNIFORM SWIMMING POOL, SPA AND HOT
TUB CODE
Sections:
16.12.010 Title.
16.12.020 Document adopted by reference.
16.12.030 Administration and enforcement--Rules and regulations.
16.12.040 Administration and enforcement--Building official authority.
16.12.050 Liability limitations.
16.12.060 Effective date.
16.12.010 Title.
This chapter shall be known as the Uniform Swimming Pool, Spa and Hot Tub Code.
16.12.020 Document adopted by reference.
The 2006 edition of the Uniform Swimming Pool, Spa and Hot Tub Code, as published by
International Association of Plumbing and Mechanical Officials, is adopted by this reference as
the city's Swimming Pool, Spa and Hot Tub Code.
16.12.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations as may be
necessary to the effective and efficient administration of the code.
16.12.040 Administration and enforcement--Building official authority.
The Uniform Swimming Pool, Spa and Hot Tub Code shall be administered and enforced by the
city building official.
16.12.050 Liability limitations.
Nothing contained in this chapter or in the Swimming Pool, Spa and Hot Tub Code is intended to
be, nor shall be, construed to create or form the basis for any liability on the part of the city or its
officers, employees or agents, for any injury or damage, resulting from the failure to conform to
the provisions of this code.
16.12.060 Effective date.
The Uniform Swimming Pool, Spa and Hot Tub Code adopted in this chapter is effective on June
24, 1998.
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Chapter 16.16 WASHINGTON STATE ENERGY CODE
Sections:
16.16.010 Document adopted by reference.
16.16.020 Administration and enforcement--Rules and regulations.
16.16.030 Administration and enforcement--Building official authority.
16.16.040 Liability limitations.
16.16.010 Document adopted by reference.
The Washington State Energy Code, 2006 current Editionedition, as set forth in WAC
Chapter 51-11, and as adopted by the Washington State Building Code Council under the
provisions of RCW 19.27.020 and 19.27.045, is adopted by reference as the city's energy code.
16.16.020 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations as
may be necessary to the effective and efficient administration of the code.
16.16.030 Administration and enforcement--Building official authority.
The Washington State Energy Code shall be administered and enforced by the city
building official.
16.16.040 Liability limitations.
Nothing contained in this chapter or in the Washington State Energy Code is intended to
be, nor shall be, construed to create or form the basis for any liability on the part of the city or its
officers, employees or agents, for any injury or damage resulting from the failure of a building to
conform to the provisions of the Washington State Energy Code.
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Chapter 16.20 VENTILATION AND INDOOR AIR QUALITY
CODE
Sections:
16.20.010 Document adopted by reference.
16.20.020 Administration and enforcement--Rules and regulations.
16.20.030 Administration and enforcement--Building official authority.
16.20.040 Liability limitations.
16.20.010 Document adopted by reference.
The Ventilation and Indoor Air Quality Code, 2006 Edition, as set forth in WAC 51-13, and
adopted by the Washington State Building Code Council under the provisions of RCW
19.27.190, is adopted by reference as the city's ventilation and indoor air quality code.
16.20.020 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations as may be
necessary to the effective and efficient administration of the code.
16.20.030 Administration and enforcement--Building official authority.
The Ventilation and Indoor Air Quality Code shall be administered and enforced by the city
building official.
16.20.040 Liability limitations.
Nothing contained in this chapter or in the Ventilation and Indoor Air Quality Code is intended
to be, nor shall be, construed to create or form the basis for any liability on the part of the city or
its officers, employees or agents, for any injury or damage resulting from the failure of a building
to conform to the provisions of the Ventilation and Indoor Air Quality Code.
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Chapter 16.24 INTERNATIONAL PROPERTY MAINTENANCE
CODE
Sections:
16.24.010 Title.
16.24.020 Document adopted by reference.
16.24.030 Administration and enforcement--Rules and regulations.
16.24.040 Administration and enforcement--Building official authority.
16.24.050 Liability limitations.
16.24.060 Amendment to Section 102.3.
16.24.070 Amendment to Section 103.1.
16.24.080 Amendment to Section 103.5.
16.24.090 Amendment to Section 106.
16.24.100 Amendment to Section 107.
16.24.110 Amendment to Section 111.
16.24.120 Amendment to Section 201.3.
16.24.130 Amendment to Section 304.14.
16.24.140 Amendment to Section 505.1.
16.24.150 Amendment to Section 602.3.
16.24.160 Amendment to Section 604.2.
16.24.170 Reference standards.
16.24.180 Drug properties and structures.
16.24.190 City performance of work of demolition or repair, and recovery of costs.
16.24.010 Title.
This chapter shall be known as the International Property Maintenance Code of the City
of Arlington.
16.24.020 Document adopted by reference.
The 2006 current edition of the International Property Maintenance Code, as published
by the International Code Council, is adopted by reference as the city's property maintenance
code.
16.24.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations as
may be necessary to the effective and efficient administration of the code.
16.24.040 Administration and enforcement--Building official authority.
The International Property Maintenance Code shall be administered and enforced by the
city building official.
16.24.050 Liability limitations.
Nothing contained in this chapter or in the International Property Maintenance Code is
intended to be, nor shall be, construed to create or form the basis for any liability on the part of
the city or its officers, employees or agents, for any injury or damage resulting from the failure
of a building to conform to the provisions of the International Property Maintenance Code.
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16.24.060 Amendment to Section 102.3.
Section 102.3 is hereby amended to read as follows:
Application of other codes. Repairs, additions, or alterations to a structures, or changes of
occupancy, shall be done in accordance with the procedures and provisions of the International
Existing Building Code. Nothing in this code shall be construed to cancel, modify or set aside
any provisions of the City of Arlington Land Use Code and Development Design Guidelines.
16.24.070 Amendment to Section 103.1.
Section 103.1 is hereby amended to read as follows:
General. The Department of Building Safety is hereby created and the official in charge thereof
shall be known as the Building Official. All references to the term "code official" shall deem to
mean the Building Official or any duly authorized representative.
16.24.080 Amendment to Section 103.5.
Section 103.5 is hereby amended to read as follows:
Fees. The fees for activities and services performed by the department in carrying out its
responsibilities under this code shall be as set by resolution of the City Council.
16.24.090 Amendment to Section 106.
Sections 106.1 and 106.2 are hereby amended to read as follows:
Section 106.1 Unlawful Act. It shall be unlawful for a person, firm or corporation to be in
conflict with or in violation of any of the provisions of this code.
Section 106.2 Notice of Violation. The code official shall serve a notice of violation or order in
accordance with Title 11 of the Arlington Municipal Code. Sections 106.3, 106.4, 106.5 are
hereby deleted.
16.24.100 Amendment to Section 107.
Section 107, Notices and Orders, is hereby not adopted.
16.24.110 Amendment to Section 111.
Section 111, Means of Appeal, shall be and is hereby deleted and shall be replaced with
the provisions of Title 11 of the Arlington Municipal Code.
16.24.120 Amendment to Section 201.3.
Section 201.3 is hereby amended to read as follows:
Terms defined in other codes. When terms are not defined in this code and are defined in the
International Building Code, International Fire Code, Uniform Plumbing Code, International
Mechanical Code, International Existing Building Code, National Electrical Code or the City of
Arlington Land Use Code and Development Design Guidelines, such terms shall have the
meaning ascribed to them as in those codes.
16.24.130 Amendment to Section 304.14.
Section 304.14 is hereby amended to read as follows:
Insect Screens. During the period from April 15th to October 15th, every door, window and other
outside opening required for ventilation of habitable rooms, food preparation areas, food service
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areas or any areas where products to be included or utilized in food for human consumption are
processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch (16 mesh per 25mm) and every swinging door shall
have a self-closing device in good working condition.
16.24.140 Amendment to Section 505.1.
Section 505.1 is hereby amended to read as follows:
General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other
plumbing fixture shall be property connected to either a public water system or to an approved
private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall
be supplied with hot or tempered and cold running water in accordance with the Uniform
Plumbing Code.
16.24.150 Amendment to Section 602.3.
Section 602.3 is hereby amended to read as follows:
Heat Supply. Every owner and operator of any building who rents, leases or lets one or more
dwelling units, rooming unit, dormitory or guestroom on terms, either expressed or implied, to
furnish heat to the occupants thereof shall supply heat throughout 360 days a year to maintain a
temperature of not less than 68ºF (20ºC) in all habitable rooms, bathrooms, and toilets rooms.
Exceptions:
1. When the outdoor temperature is below the winter outdoor design temperature for the locality,
maintenance of the minimum room temperature shall not be required provided that the heating
system is operating at its full design capacity. The winter outdoor design temperature for the
locality shall be as indicated in Appendix D of the International Plumbing Code.
2. In areas where the average monthly temperature is above 30ºF (-1C) a minimum temperature
of 65ºF (18ºC) shall be maintained.
16.24.160 Amendment to Section 604.2.
Section 604.2 is hereby amended to read as follows:
Service. The size and usage of appliances and equipment shall serve as a basis for determining
the need for additional facilities in accordance with the National Electrical Code. Dwelling units
shall be served by a three-wire, 120/240 volt, single phase electrical service having a rating of
not less than 60 amperes.
16.24.170 Reference standards.
The following reference standards in Chapter 8 are not adopted: ICC EC-06, and IZC-06.
The following standards are hereby adopted by reference and are to be added to Chapter 8: NEC-
05, and UPC-06 and the City of Arlington land use code and design guidelines.
16.24.180 Drug properties and structures.
It is hereby declared that any building, structure and/or associated property wherein or
upon which the manufacture, distribution, production or storage of illegal drugs or the precursors
to create illegal drugs has taken place in a manner which could endanger the public, such as
building, structure and/or associated property is not only a dangerous property but is also of a
classification of property calling for special procedures set forth in this section. The building
official is authorized to abate such dangerous buildings, structures and associated properties in
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accordance with the dangerous building procedures set forth in such code, with the following
modifications:
(1) Due to public safety hazard in drug-production facilities, the utilities shall be disconnected.
(2) Buildings and structures will be inspected to determine compliance with all city ordinances
and codes.
(3) Buildings and entry gates to the property will be secured against entry until compliance with
all city codes and ordinances is achieved.
(4) No reconnection of utilities or occupancy of the building, structures or property shall be
allowed until all violations have been remedied, and all dangerous conditions abated to the
satisfaction of the building official and a notice of release for occupancy has been received from
the Snohomish County health district.
16.24.190 City performance of work of demolition or repair, and recovery of costs.
If the owner or party in interest following exhaustion of the rights to appeal fails to
comply with the final order to repair, alter, improve, vacate, close, remove, or demolish the
dwelling, building, structure, or premise, the building official may direct or cause such dwelling,
building, structure, or premises to be repaired, altered, improved, vacated, and closed, removed,
or demolished.
The amount of the cost of such repairs, alterations or improvements; or vacating and
closing; or removal or demolition by the building official, shall be assessed against the real
property upon which such cost was incurred unless such amount is previously paid. Upon
certification by the city of the assessment amount being due and owing, the county treasurer shall
enter the amount of such assessment upon the tax rolls against the property for the current year
and the same shall become a part of the general taxes for that year to be collected at the same
time and with interest at such rates and in such manner as provided for in Revised Code of
Washington 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to
be deposited to the credit of the general fund of the city. If the dwelling, building, structure, or
premises is removed or demolished by the building official, the building official shall, if
possible, sell the materials of the dwelling, building, structure, or premises, and shall credit the
proceeds of such sale against the cost of the removal or demolition, and if there be any balance
remaining, it shall be paid to the parties entitled thereto, as determined by the building official,
after deducting the costs incident thereto. The assessment shall constitute a lien against the
property, which shall be of equal rank with state, county and municipal taxes.
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Chapter 16.28 BUILDING CONSTRUCTION AND LIFE SAFETY
CODE
Sections:
16.28.010 Title.
16.28.020 Conflict of building construction and life safety codes.
16.28.030 Permits, terms and extensions.
16.28.040 Administration and enforcement--Rules and regulations.
16.28.050 Administration and enforcement--Building official authority.
16.28.060 Liability limitations.
16.28.010 Title.
This chapter shall be known as the building construction and life safety code of the City
of Arlington.
16.28.020 Conflict of building construction and life safety codes.
If there exists or should arise a conflict between the provisions or interpretations of the
various construction and life safety codes adopted in those chapters of this title preceding this
chapter, the provisions of Chapter 16.04 shall prevail, and any sections or provisions of other
codes in conflict therein shall be considered to be amended to be in conformity with Chapter
16.04.; provided, however, that in case of conflict between the ventilation requirements of
Chapter 12 of the International Building Code and the ventilation requirements of the city's
energy code contained in Chapter 16.16, said Chapter 16.16 shall govern and in case of conflict
between the duct insulation requirements of Section 605 of the International Mechanical Code
and the duct insulation requirements of Chapter 16.16, the provision of Chapter 16.16 shall
govern.
16.28.030 Permits, terms and extensions.
Every permit issued under the provisions of the codes adopted by those chapters of this
title preceding this chapter, shall expire and become null and void if the building or work
authorized by such permit is not commenced within one hundred eighty days from the date of
such permit, or if the building or work authorized by such permit is suspended or abandoned at
any time after the work has commenced for a period of one hundred eighty days. For the
purposes of this section, the one hundred eighty days will be deemed to have expired if no
inspections have been called for within one hundred eighty days of the date of permit issuance or
within one hundred eighty days after a validly called inspection. For an inspection to be a validly
called inspection, for the purposes of this section, the work being inspected must be complete,
ready for the inspection, and noted "approved" by the building official. Before such work can
recommence, a new permit shall be first obtained and the fee therefor shall be one-half of the
amount required for a new permit for such work provided no changes have been made or will be
made in the original plans and specifications for such work and, provided further, that such
suspension or abandonment has not exceeded one year. Any permittee holding an unexpired
permit may apply for an extension of time within which he may commence work under that
permit, when he is unable to commence work within the time required by this section for good
and satisfactory reasons satisfactory to the building official. The building official, for all permits
authorized by prior chapters of this title, may extend the time for action by the permittee for a
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period not exceeding one hundred eighty days upon written request by the permittee showing
that circumstances beyond the control of the permittee have prevented action from being taken.
No permit shall be extended more than once. (The permittee shall pay a new full permit fee.) All
permits expire after eighteen months and must be renewed if the work is not yet completed.
16.28.040 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations
necessary to the effective and efficient administration of the code.
16.28.050 Administration and enforcement--Building official authority.
The Building Construction and Life Safety Code shall be administered and enforced by
the city building official.
16.28.060 Liability limitations.
Nothing contained in this chapter or in the Building Construction and Life Safety Code is
intended to be, nor shall be, construed to create or form the basis for any liability on the part of
the city or its officers, employees or agents, for any injury or damage resulting from the failure
of a building to conform to the provisions of the Building Construction and Life Safety Code.
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Chapter 16.32 INTERNATIONAL MECHANICAL CODE
Sections:
16.32.010 Title.
16.32.020 Document adopted by reference.
16.32.030 Administration and enforcement--Rules and regulations.
16.32.040 Administration and enforcement--Building official authority.
16.32.050 Liability limitations.
16.32.060 Amendment to Section 202.
16.32.070 Amendment to Section 901.
16.32.080 Amendment to Section 108.1.
16.32.090 Amendment to Chapter 10.
16.32.100 Amendment to Section 106.4.3 Expiration.
16.32.010 Title.
This chapter shall be known as the International Mechanical Code of the City of
Arlington.
16.32.020 Document adopted by reference.
(a) The 2006 current edition of the International Mechanical Code including Appendix A as
published by the International Code Council, as set forth in Chapter 51-52 of the Washington
Administrative Code and adopted by the Washington State Building Code Council under the
provisions of RCW 19.27.031 and 19.27.074, is adopted by this reference as the city's
mechanical code; provided, however, that the standards for liquefied petroleum gas installations
shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI
Z223.1/NFPA 54 (National Fuel Gas Code).
(b) Amendment to Section 106.5.2 Fee Schedule. Fees for mechanical permits shall be set by
resolution by the city council.
16.32.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations as
may be necessary to the effective and efficient administration of the code.
16.32.040 Administration and enforcement--Building official authority.
The International Mechanical Code shall be administered and enforced by the city
building official.
16.32.050 Liability limitations.
Nothing contained in this chapter or in the International Mechanical Code is intended to
be, nor shall be, construed to create or form the basis for any liability on the part of the city or its
officers, employees or agents, for any injury or damage resulting from the failure of a building to
conform to the provisions of the International Mechanical Code.
16.32.060 Amendment to Section 202.
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Section 202, Unusually Tight Construction, is amended to add a new subsection 4: Buildings
built in compliance with the 1986 or later editions of the Washington State Energy Code,
Northwest Energy Code, or Super Good Cents weatherization standards or equivalent.
16.32.070 Amendment to Section 901.
Section 901 is amended to add a new subsection to read as follows:
901.5 Heating.
901.5.1 Definitions. For the purposes of this section only, the following definitions apply:
"Designated Areas" are those areas designated by a county to be an urban growth area in chapter
36.70A of the Revised Code of Washington and those areas designated by the Environmental
Protection Agency as being in non-attainment for particulate matter.
"Substantially Remodeled" is any alteration or restoration of a building exceeding 60 percent of
the assessed valuation of such building within a twelve-month period.
901.5.2 Primary Heating Source. Primary heating sources in all new and substantially remodeled
buildings in designated areas shall not be dependent upon wood stoves.
901.5.3 Solid Fuel Burning Devices. No used fuel-burning device shall be installed in new or
existing buildings unless such device is United States Environmental Protection Agency certified
or a pellet stove either certified or exempt from certification by the United States Environmental
Protection Agency.
EXCEPTION: antique wood cook stoves and heaters manufactured prior to 1940.
16.32.080 Amendment to Section 108.1.
Section 108.1 is amended to read as follows:
Unlawful Acts. It shall be unlawful for a person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish or utilize a mechanical system, or cause
the same to be done, in conflict with or in violation of any provision of any of the provisions of
this code. Each separate day or any portion thereof, during which any violation of this code
occurs or continues, shall be deemed to constitute a separate offence.
16.32.090 Amendment to Chapter 10.
The following sections in Chapter 10 are deleted: Sections 1004, 1005, 1006, 1007, 1008, 1009,
1010 and 1011 relating to boilers and pressure vessels. Boilers and pressure vessels shall be
regulated by RCW 70.79 and WAC 296-104.
16.32.100 Amendment to Section 106.4.3 Expiration.
Every permit issued by the building official under the provisions of this code shall expire by
limitation and become null and void if the work authorized by such permit is not commenced
within one hundred eighty days from the date of such permit, or if the work authorized by such
permit is suspended or abandoned at any time after the work is commenced for a period of one
hundred eighty days. Before such work recommences, the permittee shall obtain a new permit for
such work, provided no changes have been made, or will be made in the original plans and
specifications for such work, and further provided that suspension or abandonment not exceed
one year. In order to renew action on a permit after expiration, the permittee shall pay a new full
permit fee.
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Chapter 16.36 INTERNATIONAL UNIFORM PLUMBING CODE
Sections:
16.36.010 Title.
16.36.020 Document adopted by reference.
16.36.030 Administration and enforcement--Rules and regulations.
16.36.040 Administration and enforcement--Building official.
16.36.050 Liability limitations.
16.36.060 Water heaters.
16.36.070 Building sewers.
16.36.080 Fuel gas piping.
16.36.090 Firestop protection.
16.36.010 Title.
This chapter shall be known as the International Plumbing Code of the City of Arlington.
16.36.020 Document adopted by reference.
(a) The 2006 current edition of the Uniform Plumbing Code as published by the International
Association of Plumbing and Mechanical Officials as set forth in WAC 51-56 as adopted by the
Washington State Building Code Council under the provisions of RCW 19.27.031 and 19.27.074
is adopted by reference as the plumbing code.
(b) All plumbing permit and other fees shall be set by separate resolution of the city.
16.36.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate, adopt and issue those rules
and regulations necessary to the effective and efficient administration of the code.
16.36.040 Administration and enforcement--Building official.
The Uniform Plumbing Code shall be administered and enforced by the city building
official.
16.36.050 Liability limitations.
Nothing contained in this chapter or in the Uniform Plumbing Code is intended to be, nor
shall be, construed to create or form the basis for any liability on the part of the city or its
officers, employees or agents, for any injury or damage resulting from the failure of a building to
the provisions of this code.
16.36.060 Water heaters.
Chapter 5, Water Heaters, of the Uniform Plumbing Code is not adopted.
16.36.070 Building sewers.
Chapter 7, Part II, Building Sewers, of the Uniform Plumbing Code is not adopted.
16.36.080 Fuel gas piping.
Chapter 12, Fuel Gas Piping, of the Uniform Plumbing Code is not adopted.
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16.36.090 Firestop protection.
Chapter 15, Firestop Protection, of the Uniform Plumbing Code is not adopted.
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Chapter 16.40 MOVED BUILDINGS CODE
Sections:
16.40.010 Title.
16.40.020 Purpose.
16.40.030 Definitions.
16.40.040 Permit required.
16.40.050 Permit--Application information.
16.40.060 Permit--Application--Deposits and fees.
16.40.070 Permit--Condition for granting.
16.40.080 Permit--Special requirements.
16.40.090 Liability.
16.40.100 Violation--Penalty.
16.40.010 Title.
This chapter shall be known as the moved buildings code of the City of Arlington.
16.40.020 Purpose.
It is the purpose of this chapter to establish standards including minimum requirements
for the moving of all buildings and other structures within the corporate limits of the city, and to
provide for the issuance of a permit, collection of various fees, and inspection service for all such
movements.
16.40.030 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their derivations
shall have the meaning given in this section:
(1) "Building" means a structure as defined in the International Building Code.
(2) "Building inspector" means the person appointed as the building official or his duly
authorized representative.
(3) Classification of Movements.
(A) "Class I move" is the movement of any building from an origin outside the city to a
destination within the city.
(B) "Class II move" is the movement of any building from one point within the city to another
point within the city.
(C) "Class III move" is the movement of a building from a point within the city to a destination
outside the city.
(D) "Class IV move" is the movement of any building through the city with both an origin and
destination outside the city.
(4) "Person" means and includes any person, firm, partnership, association, corporation,
company or an organization of any kind.
(5) "House mover" means any person, firm or corporation engaged in the business of moving
houses, buildings, structures or other like objects.
16.40.040 Permit required.
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No person shall move any building, over, upon, along or across any public street, alley, or
lot without written permit from the city of Arlington for all such moves as approved by the city
engineer, chief of police, and the building official.
16.40.050 Permit--Application information.
The City of Arlington shall furnish an application for a permit. The permit shall contain
or have attached thereto at a minimum the following, but limited to, information:
(1) Name and address of applicant;
(2) Location of structure to be moved (present address and tax parcel identification);
(3) Location of proposed site to which the structure is to be moved (address and tax parcel
identification);
(4) Date and time requested for movement of structure;
(5) Map or description of requested route to be taken;
(6) Height, width and length of structure to be moved when loaded and truck or equipment to be
used for moving said structure;
(7) Classification of movement;
(8) Notification from public utilities of the move.
16.40.060 Permit--Application--Deposits and fees.
(a) Every applicant before being issued a permit shall pay an application-filing fee as
established by council resolution.
(b) An application shall be accompanied by:
(1) A cash deposit or corporate surety bond in the sum of one thousand dollars or such greater
amount as the building official determines necessary as indemnity for any damage which the city
may sustain by reason, damage or injury to any highway, street, alley, sidewalk or other property
of the city which may be incidental or caused by the movement of any building, over, along or
across any street within the city and to indemnify the city against any claim of damages to
persons or private property;
(2) A public liability insurance policy providing one hundred thousand dollars or such greater
amount as the building official determines necessary to satisfy any claim by private individuals,
firms or corporations arising out of, caused by or incidental to the movement of any structure
over, along or across any street in the city;
(3) A cash deposit or corporate surety performance bond in the sum of five thousand dollars or
such greater amount as the building official determines necessary upon the permittee for:
(A) Completing the construction, painting and finishing of the exterior of the structure, and
(B) Complying with all the requirements of this chapter, the International Building Code,
Arlington Municipal Code, Arlington land use code and any other ordinances in effect within the
city; including, but limited to, the permittee completing such work within six months from the
date of issuance of the permit. In the event the provisions of this subsection are not complied
with within the time specified, the sum of five hundred dollars shall be forfeited to the city as a
penalty for the default, and this shall be in addition to any other penalties for failure to comply
with the provisions of this chapter.
16.40.070 Permit--Condition for granting.
As a condition for securing a permit for moving a structure:
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(1) The permittee shall furnish the city with a set of plans and specifications for the completed
structure to include a plot plan showing in detail the placement of the proposed structure upon
the lot within the city. If the final destination of the building is not located within the city limits,
proof of a valid and current building permit from the appropriate jurisdiction authorizing the
placement of the building shall be required;
(2) The permittee shall, prior to making application for such permit or within ten days after
making such application, cause all of the interior or exterior walls, ceiling and/or floor coverings
to be removed to such an extent as may be necessary to permit the building official to inspect or
examine the materials and type of construction of such structure to ascertain whether it will
comply with the existing building code or other applicable codes or ordinances within the city;
and
(3) The permittee shall present to the building official certified statements of inspection from
the Snohomish County health district relating to the on-site septic system and water supply (if
applicable), and the Washington Department of Labor and Industries, Electrical Inspection
Division.
16.40.080 Permit--Special requirements.
(a) Escort. For Class I, II, III and IV moves, the house mover shall provide at least two off-duty
police officers or other approved escort services, which will provide an escort service for the
purpose of regulating traffic along the route the structure is being moved. Any off-duty police
officer or other approved escort services shall be at the expense of the house mover in addition to
any other fees or deposits required. The escort shall permit no variances of the provisions of the
permit.
(b) Time. The specific time for the structure to be moved shall be determined by the city. Every
permit shall become null and void unless such removal is completed and the structure is removed
from the public right-of-way within the time specified in the application for such permit
providing that the city may extend such time when the moving of any structure is rendered
impractical by reason of inclement weather, strikes, or other causes not within the control of the
house mover.
(c) Lights. No person moving any structure over, upon, along or across any public street shall
fail, neglect or refuse to keep a red light (or such other devices as the city may require) at all
times at each corner of such structure and at the end of any projection while the structure is
located on or upon any public right-of-way.
(d) Notice to Utilities. The house mover shall give written notice to the public utilities or
agencies designated in the application, not less than three days in advance of the proposed move.
(e) Condition of Lot. After the completion of any move, the area or lot upon which the structure
was formerly located shall be cleaned up and satisfactorily graded. The sanitary sewer
connection (if applicable) shall be capped and marked, the water meter shall be removed and all
trash removed to the satisfaction of the building official.
16.40.090 Liability.
The permittee shall be liable for any expense, damage or costs in excess of their
insurance coverage.
16.40.100 Violation--Penalty.
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Unless otherwise expressly set forth, any person violating any of the provisions or failing
to comply with the requirements of this code is guilty of a misdemeanor as defined in Section
1.04.010.
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Chapter 16.48 UNIFORM HOUSING CODE
Sections:
16.48.010 Title.
16.48.020 Document adopted by reference.
16.48.030 Administration and enforcement--Rules and regulations.
16.48.040 Administration and enforcement--Building official authority.
16.48.050 Compliance inspection and fees.
16.48.060 Liability limitations.
16.48.010 Title.
This chapter shall be known as the Uniform Housing Code of the City of Arlington.
16.48.020 Document adopted by reference.
The Uniform Housing Code, 1997 Edition, published by the International Conference of
Building Officials, is adopted by reference, subject to the modifications and/or amendments as
set forth herein.
16.48.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations as may be
necessary to the effective and efficient administration of the code.
16.48.040 Administration and enforcement--Building official authority.
The Uniform Housing Code shall be administered and enforced by the city building official.
16.48.050 Compliance inspection and fees.
A fee for an on-site compliance inspection by the building official or his representative shall be
as set forth by resolution. If the said building is outside the city limits of Arlington, the fee for
such inspection shall be as set forth by resolution. Written request for said inspection shall be
made to the building department. Upon such application and payment of the fee herein provided,
the building official shall notify the applicant of the date and time of the inspection.
16.48.060 Liability limitations.
Nothing contained in this chapter or in the Uniform Housing Code is intended to be, nor shall be,
construed to create or form the basis for any liability on the part of the city or its officers,
employees or agents, for any injury or damage resulting from the failure of a building to conform
to the provisions of the Uniform Housing Code.
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Chapter 16.52 BUILDING FEES
Sections:
16.52.010 Building fee schedule.
16.52.010 Building fee schedule.
Building fees shall be established by separate resolution of the city council.
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Chapter 16.56 INSTALLATION STANDARDS FOR
MANUFACTURED HOMES
Sections:
16.56.010 Title.
16.56.020 Document adopted by reference.
16.56.030 Administration and enforcement--Rules and regulations.
16.56.040 Administration and enforcement--Building official authority.
16.56.050 Compliance required, permit required.
16.56.060 Inspection required.
16.56.070 Insignia required, smoke detectors.
16.56.080 Liability limitations.
16.56.010 Title.
This chapter shall be known as the installation standards for manufactured homes of the
City of Arlington.
16.56.020 Document adopted by reference.
The 1994 Edition of the Manufactured Home Installations, including its Appendix A, B,
C, D, E, F, G and H, as published by the American National Standard (ANSI A225.1), along
with Department of Labor and Industries WAC 296-150M 1501 is adopted by reference as the
city's standards for manufactured home installations.
16.56.030 Administration and enforcement--Rules and regulations.
The city council may, upon notice and hearing, promulgate such rules and regulations as
may be necessary to the effective and efficient administration of the code.
16.56.040 Administration and enforcement--Building official authority.
The Standards for the Installation of Manufactured Homes shall be administered and
enforced by the city building official.
16.56.050 Compliance required, permit required.
No person or firm shall install a manufactured home in the city meeting the definition set
forth in the sections adopted by Section 16.56.020 of this chapter (without complying with the
standards adopted in said section, or prior to obtaining a manufactured home installation permit
from the city). Such permits shall be granted only after proper application by the owner or
installer of a manufactured home is made upon forms provided byto the city and the payment of
a fee as set by city council resolution.
16.56.060 Inspection required.
The city shall inspect the installation of each such manufactured home covered by an
installation permit to determine that such installation complies with Sections 16.56.010 through
16.56.070 of this chapter and shall not permit the occupancy of such manufactured home until
such inspection and approval have been given.
16.56.070 Insignia required, smoke detectors.
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All such manufactured homes installed within the city shall contain the insignia of
approval of the State of Washington or be exempt from such said insignia, all pursuant to the
standards of the State of Washington for the manufacture of such homes and shall be provided
with approved smoke detectors conforming to the requirements as set forth in the International
Residential Code.
16.56.080 Liability limitations.
Nothing contained in this chapter or in the manufactured home installation standards is
intended to be, nor shall be, construed to create or form the basis for any liability on the part of
the city or its officers, employees or agents, for any injury or damage resulting from the failure
of a building to conform to the provisions of the manufactured home installation standards.
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Chapter 16.60 SIGNS
Sections:
16.60.010 Purpose.
16.60.020 Short title.
16.60.030 General.
16.60.040 Definitions.
16.60.050 Residential.
16.60.060 Business.
16.60.070 Mercantile.
16.60.080 Nonconforming uses.
16.60.090 Temporary signs.
16.60.100 Exemptions.
16.60.110 Nonconforming signs.
16.60.120 Prohibited signs.
16.60.130 Billboards prohibited.
16.60.140 Illumination.
16.60.150 Permits and fees.
16.60.160 Structural requirements.
16.60.170 Inspection--Removal--Safety.
16.60.180 Administration and penalties.
16.60.190 Variances.
16.60.200 Interpretation and severability.
16.60.010 Purpose.
(a) The purpose of this chapter is to protect the health, safety, property and welfare of the
citizens of the city by establishing standards for the structural design, placement, size and
maintenance of all signs and sign structures in the city. Furthermore, it is the purpose of the
regulations, standards and criteria of this chapter to permit and encourage the design of signs
which are responsive to the needs of the public in locating a business establishment by
identification, address and product and/or services information. The economic development of
the city has resulted in a great increase in the number of businesses located in the city, with
marked increase in the number and size of signs related to those businesses. The proliferation of
signs has resulted in a reduced effectiveness of individual signs. As the number, size and
intensity of signs increase without regard to quality and placement, the impact of the individual
sign is diminished.
(b) Lack of control of signs may cause potentially dangerous conflicts between advertising
signs and traffic control signs, thus destroying the effectiveness of both. The great increase in
automotive traffic experienced within the city has greatly aggravated this conflict.
(c) Furthermore, the uncontrolled use of signs and their shapes, motion, colors, illumination and
their insistent and distracting demand for attention can be injurious to property values of both
business and residential areas of the city, and may seriously detract from the enjoyment and
pleasure of the natural beauty of the city.
(d) It is recognized that businesses have a right to identify themselves and that this contributes
to the economic wellbeing of the community. However, it is felt that this right can be exercised
in such a way as to bring benefit to the public without adversely affecting the economic welfare
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of businesses. The responsible regulation of signs may, in fact, improve business opportunity as
a result of the increased attractiveness of the city's environment.
16.60.020 Short title.
This chapter shall hereafter be known and cited as the "sign code."
16.60.030 General.
(a) The following sign standards by zone are intended to include every zone in the city. The
zones are as defined by this title and the official zoning map. Only signs as described herein and
may be described under "temporary signs" and "exceptions" will be permitted in each particular
zone.
(b) If any zone is omitted from this chapter, or if a new zone is created after the enactment of
this chapter, no sign shall be permitted therein until this chapter shall be amended to include this
zone.
16.60.040 Definitions.
(1) "Area, or surface area, of sign" means that area enclosed by one rectangle, the sides of
which make contact with the extreme points or edges of the sign, excluding the supporting
structure which does not form part of the sign proper or of the display.
The "area of a sign" composed of characters or words attached directly to a large uniform
building wall surface is the smallest rectangle which encloses the whole group.
(2) "Building line" means a line beyond which no building may extend, as established by
ordinance. A "building line" in some instances may coincide with the property line.
(3) "Location" means a lot, premises, building, wall or any place whatsoever upon which a sign
is located.
(4) "Marquee" means a canopy or covering structure projecting from and attached to a building.
(5) "Multiple dwelling" means any building housing more than two families, unless otherwise
defined by this title.
(6) "Person" means any individual, corporation, association, firm, partnership, and the like,
singular or plural.
(7) "Projection" means the distance by which a sign extends over public property or beyond the
building line.
(8) "Roof line" means either the edge of the roof or the top of the parapet, whichever forms the
top line of the building silhouette and, where a building has several roof levels, this roof or
parapet shall be the one belonging to that portion of the building on whose wall the sign is
located.
(9) "Sign" means any letters, figures, design, symbol, trademark, or illuminating device
intended to attract attention to any place, subject, person, firm, corporation, public performance,
article, machine, or merchandise whatsoever and painted, printed or constructed and displayed in
any manner whatsoever out of doors for recognized advertising purposes. However, this shall not
include any official court or public notices nor the flag, emblem or insignia of a government,
school or religious group when displayed for official purposes.
Interior signs, if located on a window or within a distance equal to the greatest dimension of the
window and if obviously intended for viewing from the exterior, shall be considered an exterior
sign for purposes of this sign code.
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(A) "Electric sign" means a sign containing electric wiring. This does not include signs
illuminated by an exterior floodlight source.
(B) "Flat wall sign" means one affixed directly to or painted on or otherwise inscribed on an
exterior wall and confined within the limits thereof of any building and which projects from that
surface less than twelve inches at all points.
(C) "Identity sign" means any sign which carries only the name of the firm, the major enterprise
or the principal product offered for sale on the premises, or a combination of these.
(D) "Projecting sign" means a sign, other than a wall sign, which projects from and is supported
by a wall of a building or structure.
(E) "Roof sign" means a sign located on or about the roof of any building.
(F) "Temporary sign" means a banner, pennant, poster or advertising display constructed of
cloth, canvas, plastic sheet, cardboard, wallboard or other like materials and intended to be
displayed for a limited period of time.
(10) "Vehicles" mean automobiles, trucks, trailers, railroad cars, construction equipment and
other such mobile equipment whose major purpose is other than the display of advertising.
16.60.050 Residential.
(a) General. This section of the code shall apply to all zones designated by this title as
residential single-family, duplex, multiple-family, highrise apartment or any variety of these.
(b) Size. One sign not exceeding two square feet in area shall be permitted per dwelling unit.
For multiple dwellings, one or more additional signs totaling twelve square feet in area shall be
permitted.
(c) Location. Permitted signs may be anywhere on the premises, except as restricted by this
title, except that they may not project beyond any property lines and except that, if ground
mounted, the top shall be not over five feet above the ground and, if building mounted, shall be
flush mounted, shall not be mounted on any roof of the building and shall not project above the
roof line.
(d) Content. The sign per dwelling unit shall indicate only the name of the occupant and may
include the address. The additional sign area permitted for multiple dwellings shall be only for
identification of the building.
(e) Illumination. Illumination, if used, shall be what is known as white and not colored light and
shall not be blinking, fluctuating or moving. Light rays shall shine only upon the sign or upon the
property within the premises and shall not spill over the property lines in any direction except by
indirect reflection.
16.60.060 Business.
(a) General. This section of the sign code shall apply to all zones designated by this title as
business.
(b) Size. The total sign area of one and one-half square feet for each lineal foot of building
frontage or one-half square foot for each lineal foot of lot frontage, whichever results in the
larger sign area, but the maximum total area of all permitted signs for any establishment shall not
exceed two hundred square feet.
Where frontage is on more than one street, only the signs computed with the frontage of that
street shall face that street.
(c) Location.
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(1) Signs may be flat walls signs and may be located anywhere on the surface of the building.
Signs may be projecting signs only where, in compliance with this title, there is no building
setback, and then may project no more than six feet beyond the street property line, may have a
maximum height of five feet, and must have a minimum clearance of eight feet above a public
sidewalk and fifteen feet above public driveways or alleys.
(2) Where a building does not cover the full area of the property, a sign may be freestanding, or
ground-supported and may be located anywhere back of the street setback lines except as may be
further limited by this title. Such a sign may extend up to twenty feet above the average ground
level at the base of the sign except as may be required by this title.
(3) Signs may be on the vertical faces of marquees and may project below the lower edge of the
marquee not more than twelve inches. The bottom of the marquee signs shall be no less than
eight feet above the sidewalk or grade at any point.
(4) Roof signs are allowed as provided in Sections S-801 through S-803 of the Uniform Sign
Code adopted in Section 16.04.020; provided that no roof signs shall exceed twenty square feet
in area nor be more than five feet in height. The size of other signs shall be as otherwise provided
in subsection (b) of this section.
(d) Illumination. Illumination of signs is permitted but in accordance with the restrictions
hereinafter especially set forth for illumination.
(e) Highway-oriented Establishments.
(1) Automobile service stations, new and used car lots, garden shops and other such businesses
which may be defined as outdoor merchandising or highway-oriented enterprises may be
permitted to have, per establishment, one identity sign not over twenty-eight feet high above
ground level, building mounted, roof mounted or ground mounted, with no part or projection
closer to a street property line than five feet except as may be required by this title, and which
can in no way block the visibility of approaching traffic.
(2) The maximum total area for this sign shall be one hundred fifty square feet with no one side
having a surface area greater than seventy-five square feet.
(3) Incidental signs indicating services, products, prices, trade information, or other information
not including product advertising may be attached to the structure or may be listed on one
permanently installed sign structure at least five feet from any property line.
(4) No products or product containers or signs shall be located so as to obstruct the vision of
approaching traffic to an intersection.
(5) The total sign area, excepting the identity sign, shall not exceed eighty square feet.
16.60.070 Mercantile.
(a) General. This section of the sign code shall apply to all zones designated by this title as
industrial or any variety of it.
(b) Size. There is permitted in this zone, for each industrial establishment, one identity sign for
each street frontage, each with a maximum area of one square foot for each lineal foot of
building street frontage or one-half square foot for each lineal foot of property street frontage,
whichever is greater but not to exceed two hundred square feet.
(c) Location. Requirements shall be the same as for business zones. See Section 16.60.060(c).
(d) Illumination. Illumination of signs is permitted but in accordance with the restrictions
hereinafter set forth for illumination.
16.60.080 Nonconforming uses.
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Any building or land use not conforming to the provisions for the zone in which it is located
shall, nevertheless, comply with all the provisions of this sign code for the conforming zone.
16.60.090 Temporary signs.
The following signs shall be permitted anywhere within the city and shall not require a permit:
(1) Construction signs which identify the architects, engineers, contractors and other individuals
or firms involved with the construction, but not including any advertisement of any product, and
signs announcing the character of the building enterprise or the purpose for which the building is
intended, during the construction period, to a maximum area of sixteen square feet for each firm.
The signs shall be confined to the site of the construction and shall be removed within fourteen
days of the beginning of the intended use of the project;
(2) Real estate signs advertising the sale, rental or lease of the premises or part of the premises
on which the signs are displayed, up to a total area of twelve square feet. Such signs shall be
removed within seven days of the sale, rental or lease;
(3) Political campaign signs announcing the candidates seeking political office and other data
pertinent thereto, up to an area of thirty-two square feet for each premises. These signs shall be
confined within private property and removed within seven days after the election for which they
were made;
(4) Street banners advertising a public entertainment or event, is specially approved by the city
council and only for locations designated by the city council, during and for fourteen days before
and seven days after the event;
(5) Show-window signs in a window display of merchandise when incorporated with such a
display. They need not be related in content with the display.
16.60.100 Exemptions.
The following types of signs are exempted from all the provisions of this chapter, except for
construction and safety regulations and the following requirements:
(1) Public Signs. Signs of a noncommercial nature and in the public interest, erected by, or on
the order of, a public officer in the performance of his public duty, such as safety signs, danger
signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and the like;
(2) Institutional. Signs setting forth the name of any simple announcement for any public,
charitable, educational or religious institution, located entirely within the premises of that
institution, up to an area of twenty-four square feet. Such signs may be illuminated in accordance
with the regulations contained hereinafter. If building mounted, these signs shall be flat wall
signs and shall not project above the roof line. If ground mounted, the top shall be no more than
six feet above ground level;
(3) Integral. Names of buildings, dates of erection, monumental citations, commemorative
tablets and the like when carved into stone, concrete or similar material or made of bronze,
aluminum, or other permanent type construction and made an integral part of the structure;
(4) Private Traffic Direction. Signs directing traffic movement onto a premises or within a
premises, not exceeding three square feet in area for each sign. Illumination of these signs shall
be permitted in accordance with the section hereinafter included on illumination. Horizontal
directional signs on and flush with paved areas are exempt from these standards;
(5) Small Signs. Signs not exceeding two square feet in area, attached flat against the building,
stationary and not illuminated, announcing only the name and occupation of building tenant;
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(6) Rental. Signs on the premises announcing rooms for rent, table board, apartment or house
for rent and not exceeding four square feet in area;
(7) Vehicles. Signs on vehicles of any kind, provided the sign is painted or attached directly to
the body of the original vehicle and does not project or extend beyond the original manufactured
body proper of the vehicle.
16.60.110 Nonconforming signs.
Signs existing November 1, 1989 and not conforming to the provisions of this chapter but which
were constructed in compliance with previous regulations shall be regarded as nonconforming
signs. Section S-301 of the Uniform Building Code, Volume 5, "Signs" is amended by adding
thereto the following wording:
Provided that presently existing signs not in conformity with the Sign Code as amended may be
maintained in their present condition unless hazardous but may not be altered, re-erected, or
relocated unless in conformity with the Sign Code.
16.60.120 Prohibited signs.
Prohibited are signs which:
(1) Contain statements, words, or pictures of an obscene, indecent, or immoral character such as
will offend public morals or decency;
(2) Contain or are an imitation of an official traffic sign or signal or contain the words "stop,"
"go slow," "caution," "danger," "warning," or similar words;
(3) Are of a size, location, movement, content, coloring, or manner of illumination which may
be confused with or construed as a traffic control device on which hide from view any traffic or
street sign or signal;
(4) Advertise an activity, business, product or service no longer conducted on the premises
upon which the sign is located;
(5) Move in any manner or have a moving part;
(6) Contain or consist of banners, posters, pennants, ribbons, streamers, strings of light bulbs,
spinners, or other similarly moving devices unless on private property;
(7) May swing or otherwise noticeably move as a result of wind pressure because of the manner
of their suspension or attachment;
(8) Are erected in such a position as to completely blanket another sign already in place on
either side. A sign is said to be blanketing when it hides other signs or a substantial portion
thereof at a distance of twenty-five feet;
(9) Off-premises signs except directional signs and signs of public interest.
16.60.130 Billboards prohibited.
Contracts for billboard advertising may not be renewed in the year following the enactment of
this sign code, and no billboard advertising will be allowed within the city after the expiration of
the contracts.
16.60.140 Illumination.
(a) The light from any illuminated sign shall be so shaded, shielded or directed that the light
intensity or brightness will not be objectionable to surrounding areas.
(b) No sign shall have blinking, flashing or fluttering lights or other illuminating device which
has a changing light intensity, brightness or color. Beacon lights are not permitted.
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(c) No colored lights shall be used at any location or in any manner so as to be confused with or
construed as traffic control devices.
(d) Neither the direct, nor reflected light from primary light sources shall create a traffic hazard
to operators of motor vehicles on public thoroughfares.
(e) No exposed reflective type bulbs and no strobe light or incandescent lamp which exceeds
fifteen watts shall be used on the exterior surface of any sign so as to expose the face of the bulb,
light or lamp to any public street or adjacent property.
16.60.150 Permits and fees.
(a) Permit Requirements. After the effective date of the ordinance codified herein, no sign shall
be erected, altered or relocated without a permit issued by the building inspector, except as
otherwise provided herein.
(b) Application for Permit. Application for a permit shall be made in writing, in duplicate, upon
forms prescribed and provided by the building inspector, to the building inspector, and shall
contain the following information:
(1) Name, address and telephone number of applicant and sign erector;
(2) Location of building, structure, or land to which or upon which the sign is to be erected;
(3) A detailed drawing or blueprint showing a description of the construction details of the sign
and showing the lettering and/or pictorial matter composing the sign, position of lighting or other
extraneous devices, a location plan showing the position of the sign on any building or land, and
its position in relation to nearby buildings or structures and to any private or public street or
highway;
(4) Written consent of the owner of the building, structure or land to which or on which the sign
is to be erected in the event the applicant is not the owner thereof.
(c) Repealed by Ord. 1214-A.
(d) Issuance of Permit. It shall be the duty of the building inspector upon the filing of an
application for a permit to erect a sign, to examine such plans, specifications and other data
submitted to him with the application, and if necessary, the building or premises upon which it is
proposed to erect the sign or other advertising structure. If it shall appear that the proposed sign
is in compliance with all the requirements of the sign code and other city laws and ordinances, he
shall then, within fifteen days, issue a permit for the erection of the proposed sign. If the sign
authorized under any such permit has not been completed within six months from the date of the
issuance of such permit, the permit shall become null and void, but may be renewed within thirty
days from the expiration thereof, for good cause shown upon payment of an additional fee of five
dollars.
(e) Permit Exceptions. The following operations shall not be considered as creating a sign and,
therefore, shall not require a sign permit:
(1) Replacing Copy. The changing of the advertising copy or message on an approved painted
or printed sign or on a theatre marquee and similar approved signs which are specifically
designed for the use of replaceable copy;
(2) Maintenance. Painting, repainting, cleaning and other normal maintenance and repair of a
sign or a sign structure unless a structural change is made;
(3) Temporary Signs. Temporary signs under Section 16.32.100 and signs under "Exemptions,"
Section 16.60.100 are also exempt from permit requirements.
16.60.160 Structural requirements.
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All signs shall comply with the pertinent requirements of the city building code.
16.60.170 Inspection-Removal-Safety.
(a) Inspection. Signs for which a permit is required may be inspected periodically by the
building inspector for compliance with the sign code and other codes of the city.
(b) Maintenance. All signs and components thereof shall be kept in good repair and in safe,
neat, clean and attractive condition.
(c) Removal of Sign. The building inspector may order the removal of any sign erected or
maintained in violation of the sign code. The inspector shall give thirty days' notice in writing to
the owner of such sign, or of the building, structure or premises on which such sign is located, to
remove the sign or to bring it into compliance. The building inspector may remove a sign
immediately and without notice if, in his opinion, the condition of the sign is such as to present
an immediate threat to the safety of the public.
(d) Abandoned Signs. A sign shall be removed by the owner or lessee of the premises upon
which the sign is located when the business which it advertises is no longer conducted on the
premises. If the owner or lessee fails to remove it, the building inspector shall give the owner
fifteen days' written notice to remove it. Upon failure to comply with this notice, the building
official or his duly authorized representative may remove the sign and shall assess all costs and
expenses incurred against the land or building on which such sign is located.
Where a successor to a defunct business agrees to maintain the signs as provided in this code,
this removal requirement shall not apply.
16.60.180 Administration and penalties.
(a) Enforcement. The building inspector is authorized and directed to enforce all the provisions
of this sign code. Upon presentation of proper credentials, the building inspector or his duly
authorized representative may enter at reasonable times any building, structure or premises in the
city to perform any duty imposed upon him by this sign code.
(b) Interpretation. Where there is any ambiguity or dispute concerning the interpretation of this
sign code, the decision of the building inspector shall prevail, subject to appeal as provided
herein.
(c) Review and Appeal. Any person aggrieved by any decision of the building inspector relative
to the provisions of this sign code, or the city of Arlington, may appeal such decision to the
planning commission as provided in this title, and shall comply with all procedural requirements
of Chapter 20.19.
(d) Penalties.
(1) Any person who violates any of the provisions of the sign code hereby adopted or fails to
comply therewith, or who violates or fails to comply with any order made thereunder, or who
builds in violation of any detailed statement of specifications or plans submitted and approved
thereunder, or any certificate or permit issued thereunder, and from which no appeal has been
taken, or who fails to comply with such an order as affirmed or modified by the building
inspector or by a board or court of competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation and noncompliance respectively, be guilty of a
misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment for
not more than six months or by both such fine and imprisonment. The imposition of one penalty
for any violation shall not excuse the violation or permit it to continue; and all such persons shall
be required to correct or remedy such violations or defects within a reasonable time; and when
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not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a
separate offense.
(2) The application of the above penalty shall not be held to prevent the enforced removal of
prohibited conditions.
16.60.190 Variances.
The city planning commission may, in appropriate cases after public notice and hearing and
subject to certain safeguards, vary or modify the application of this chapter in harmony with its
general purpose and intent. Proper notification and procedure shall be followed as outlined under
the variance procedure of Arlington Municipal Code Chapter 20.17.
16.60.200 Interpretation and severability.
(a) Interpretation. In interpretating the provisions of this sign code, they shall be held to be the
minimum requirements for the promotion of the public health, safety, comfort, convenience and
general welfare. It is not intended that this code shall interfere with or abrogate or annul
easements, covenants or other agreements between parties, provided however, that where this
code imposes a greater restriction upon the uses of structures or land or requires larger space than
is required by other codes, rules or private agreements, or other conflict exists, the provisions of
this code shall govern. This preference applies to the Uniform Building Code, including Volume
V thereof, heretofore adopted.
(b) Severability. If any section, subsection, sentence, clause or phrase of this code is for any
reason held to be invalid or unconstitutional, such invalidity or constitutionality of the remaining
portions of the code, it being expressly declared that this code and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed, and adopted
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases
be declared invalid or unconstitutional.
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Chapters 16.70, 16.71, 16.72, 16.73, 16.74, 16.75, and 16.76 will be revised and recodified in
a NEW Title 21 of the AMC. Revisions to these Chapters will come to the Council in July.
Chapter 16.70 TELECOMMUNICATIONS FACILITIES
Sections:
16.70.010 Purpose.
16.70.020 Definitions.
16.70.030 Master land use permit.
16.70.040 Telecommunications franchise required.
16.70.050 Telecommunications right-of-way use permit required.
16.70.060 Cable television franchise required.
16.70.070 Facilities lease required.
16.70.080 Construction approval required.
16.70.090 Application to existing franchise ordinances, agreements, leases and permits-Effect of
other laws.
16.70.100 General penalties.
16.70.110 Other remedies.
16.70.010 Purpose.
The purpose and intent of this chapter is to:
(1) Establish a local policy concerning telecommunications providers and service;
(2) Establish clear local guidelines, standards and time frames for the exercise of local authority
with respect to the regulation of telecommunications providers and services;
(3) Promote competition in telecommunications providers and services;
(4) Minimize unnecessary local regulation of telecommunications providers and services;
(5) Encourage the provision of advanced and competitive telecommunications services on the
widest possible basis to the business, institutions and residents of the city;
(6) Permit and manage reasonable access to the public ways of the city for telecommunications
purposes on a competitively neutral basis;
(7) Conserve the limited physical capacity of the public ways held in public trust by the city;
(8) Assure that the city's current and ongoing costs of granting and regulating private access to
and use of the public ways are fully paid by the persons seeking such access and causing such
costs;
(9) Secure fair and reasonable compensation to the city and the residents of the city for
permitting private use of the public ways;
(10) Assure that all telecommunications carriers providing facilities or services within the city
comply with the ordinances, rules and regulations of the city;
(11) Assure that the city can continue to fairly and responsibly protect the public health, safety
and welfare; and
(12) Enable the city to discharge its public trust consistent with rapidly evolving federal and
state regulatory policies, industry competition and technological development.
16.70.020 Definitions.
For purposes of this chapter, the following words shall have the following meanings:
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"Access channels" means channels set aside by a franchisee exclusively for
noncommercial public, educational, or governmental use (commonly referred to as "PEG"
channels).
"Addressability" means the ability of a system allowing a franchise to authorize specific
equipment to receive, change or to cancel any or all specified programming.
"Affiliate" means a person that (directly or indirectly) owns or controls, is owned or
controlled by, or is under common ownership or control with another person.
"Applicant" means any person or entity that applies for any permit or franchise pursuant
to this chapter.
"Basic cable service" means the lowest level of service regularly provided to all
subscribers that includes the retransmission of local broadcast signals.
"Cable act" means the Cable Communications Policy Act of 1984, 47 U.S.C. Section
532, et seq., as now and hereafter amended.
"Cable facilities" means equipment and wiring used to transmit audio and video signals
to subscribers.
"Cable service" for the purpose of this chapter shall have the same meaning provided by
the Cable Act.
"Cable system" means a facility, consisting a set of closed transmission paths and
associated signal generation, reception, and control equipment that is designed to provide cable
service and other service to subscribers.
"Cablecast" means the distribution of programming which originates within the facilities
of the cable television system.
"Channel" or "cable channel" means a portion of the electromagnetic frequency spectrum
which is used in a cable system and which is capable of delivering a television signal as defined
by the Federal Communications Commission.
"Character generator" means a device used to generate alphanumerical programming to
be cablecast on a cable channel.
"City" means the city of Arlington, Washington.
"City property" means and includes all real property owned by the city, other than public
streets and utility easements as those terms are defined herein, and all property held in a
proprietary capacity by the city, which are not subject to right-of-way licensing and franchising
as provided in the chapter.
"Council" means the city council of the city of Arlington, Washington acting in its
official capacity.
"Data communication" means:
(1) The transmission of encoded information; or
(2) The transmission of data from one point to another.
"Dwelling units" means residential living facilities as distinguished from temporary
lodging facilities such as hospitals, hotel and motel rooms and dormitories, and includes single-
family residential units and individual apartments, condominium units, accessory dwellings,
mobile homes, extended care facilities and other multiple-family residential units.
"Emergency" means a condition of imminent danger to the health, safety, and welfare of
property or persons located within the city including, without limitation, damage to persons or
property from natural consequences, such as storms, earthquakes, riots or wars.
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"Excess capacity" means the volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way that is or will be available for
use for additional telecommunications facilities.
"FCC" or "Federal Communications Commission" means the Federal Administrative
Agency, or lawful successor, authorized to regulate and oversee telecommunications carriers,
service and providers on a national level.
"Fiber optics" means the technology of guiding and projecting light for use as a
communications medium.
"Franchise" means the initial authorization, or renewal thereof, issued by the franchising
authority, whether such authorization is designated as a franchise, permit, ordinance, resolution,
contract, certificate or otherwise, which authorizes construction and operation of the cable
system for the purpose of offering cable service or other service to subscribers.
"Franchisee" means the person, firm or corporation to whom or which a franchise, as
herein above defined, is granted by the council under this chapter and the lawful successor,
transferee or assignee of said person, firm or corporation subject to such conditions as may be
defined in the chapter.
"Gross revenues" means any and all revenues (as that term is defined by generally
accepted accounting principles) received directly or indirectly from all sources which arise out of
or are derived from the operation of a franchisee's cable system in the city. When the revenue of
the franchisee includes gross revenues from sources outside of the city, a franchisee shall prorate
the gross revenues among its sources by multiplying such gross revenues by a fraction, the
numerator of which is the number of franchisee's subscribers in the city and the denominator of
which is the total number of all a franchisee's subscribers. "Gross revenues" shall not include the
following:
(1) Fees and payments from subscribers who do not live in the city;
(2) Taxes on services furnished by a franchisee, which are imposed on any subscriber or used
by any government unit, agency or instrumentality and which are collected by a franchisee for
such entity;
(3) Bad debt write-offs;
(4) Revenue from the sale of equipment or other assets of the cable system to persons not
purchasing services from the cable system;
(5) Revenue from transactions involving real property owned or leased by the franchisee;
(6) Amounts collected from subscribers as a franchise fee to be paid to city.
"Headend" means the electronic equipment located at the start of a cable system, usually
including antennas, preamplifiers, frequency converters, demodulators and related equipment.
"Installation" means the connection of the cable system from feeder cable to subscribers'
receivers.
"Institutional networks (I-Nets)" means that portion of a cable system which is designated
principally for the provision of non-entertainment services to public schools, or public agencies
such as public libraries separate and distinct from the subscriber network, or on secured channels
of the subscriber network.
"Interactive services" means services provided to subscribers where the subscriber:
(1) receives information consisting of either television or other signals and transmits signals
generated by the subscriber or equipment under his/her control for the purpose of selecting what
information shall be transmitted to the subscriber or for any other purpose; and
(2) has the ability to transmit signals to any other location for any purpose.
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"Office" means the person or entity designated by the city as being responsible for the
administration of a franchise for the city.
"Operator" means the person, firm or corporation to whom a franchise is granted pursuant
to the provisions of this chapter.
"Other ways" means the highways, streets, alleys, utility easements or other rights-of-way
within the city, but under the jurisdiction and control of a governmental entity other than the city.
"Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers.
"Premium services" means video programming offered on a pay-per-channel or pay-per-
program basis.
"Property of franchise" means all property owned, installed or used by a franchisee in the
conduct of its business in the city under the authority of a franchise granted pursuant to this
chapter.
"Proposal" means the response, by an individual or organization, to a request by the city
regarding the provision of cable services; or an unsolicited plan submitted by an individual or
organization seeking to provide cable services in the city.
"Public street" means any highway, street, alley or other public right-of-way for motor
vehicle travel under the jurisdiction and control of the city which has been acquired, established,
dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
"Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the city, but only to the extent of the city's right,
title, interest or authority to grant a license or franchise to occupy and use such streets and
easements for telecommunications facilities.
"State" means the state of Washington.
"Subscriber" means a person or entity or user of the cable system who lawfully receives
cable services or other service therefrom with franchisee's express permission.
"Surplus space" means that portion of the usable space on a utility pole which has the
necessary clearance from other pole users, as required by the federal or state orders and
regulations, to allow its use by a telecommunications carrier for a pole attachment.
"Telecommunications carrier" means and includes every person that directly or indirectly
owns, controls, operates or manages plant, equipment or property within the city, used or to be
used for the purpose of offering telecommunications service.
"Telecommunications facilities" means the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics and other
appurtenances used or to be used to transmit, receive, distribute, provide or offer
telecommunications services.
"Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities.
"Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium.
"Telecommunications system" See "Telecommunications facilities."
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"Underground facilities" means utility and telecommunications facilities located under
the surface of the ground, excluding the underground foundations or supports for overhead
facilities.
"Usable space" means the total distance between the top of a utility pole and the lowest
possible attachment point that provides the minimum allowable vertical clearance as specified in
any federal or state orders and regulations.
"Utility easement" means any easement owned by the city and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications
facilities.
"Utility facilities" means the plant, equipment and property, including but not limited to
the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or
above the surface of the ground within the public ways of the city and used or to be used for the
purpose of providing utility or telecommunications services.
16.70.030 Master land use permit.
Except as otherwise provided herein, all cable operators, telecommunications carriers,
and telecommunications providers engaged in the business of transmitting, supplying or
furnishing of cable service or telecommunications originating or terminating in the city shall
apply for and obtain a master land use permit with the city department of planning and
community development pursuant to Chapter 16.71.
16.70.040 Telecommunications franchise required.
Except as otherwise provided herein, any telecommunications carrier who desires to
construct, install, operate, maintain or otherwise locate telecommunications facilities in, under,
over or across any public way of the city, and to also provide telecommunications service to
persons or areas in the city, shall first obtain franchise granting the use of such of such public
ways from the city pursuant to Section 16.70.030.
16.70.050 Telecommunications right-of-way use permit required.
Except as otherwise provided herein, any telecommunications carrier who desires to
construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under,
over or across any public way of the city for the sole purpose of providing telecommunications
service to persons and areas outside the city shall first obtain a telecommunications right-of-way
use permit granting the use of such public ways from the city pursuant to Chapter 16.72.
16.70.060 Cable television franchise required.
Except as otherwise provided herein, any telecommunications carrier or other person who
desires to construct, install, operate, maintain or locate cable or telecommunications facilities in
any public way in the city for the purpose of providing cable service to persons in the city shall
first obtain a cable franchise from the city pursuant to Chapter 16.74.
16.70.070 Facilities lease required.
No telecommunications carrier or other entity who desires to locate telecommunications
or other equipment on city property shall locate such facilities or equipment on city property
unless granted a facilities lease from the city. The city council reserves unto itself the sole
discretion to lease city property for telecommunications and other facilities, and no vested or
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other right shall be created by this section or any provision of this chapter applicable to such
facilities leases.
16.70.080 Construction approval required.
Except as otherwise provided herein, the holder of a permit or franchise granted pursuant
this chapter shall, in addition to said permit or franchise, be required to obtain a construction
permit from the city pursuant to Chapter 16.76. No work, construction, development, excavation,
or installation of any equipment or facilities shall take place within the public ways until such
time as the construction approval is issued.
16.70.090 Application to existing franchise ordinances, agreements, leases and permits-
Effect of other laws.
(a) This chapter shall have no effect on any existing franchise ordinance, franchise agreement,
lease, or permit to use or occupy a public way in the city until:
(1) The expiration of said franchise ordinance, agreement, lease, or permit; or
(2) The amendment to an unexpired franchise ordinance, franchise agreement, lease, or permit,
unless both parties agree to defer full compliance to a specific date not later than the present
expiration date.
(b) Nothing in this Chapter shall be deemed to create an obligation upon any person for which
the city is forbidden to require a permit, license, or franchise by federal, state, or other law.
16.70.100 General penalties.
(a) Civil Penalty.
(1) Any person, and the officers, directors, managing agents, or partners of any corporation,
firm, partnership or other organization or business violating or failing to comply with any of the
provisions of this chapter shall be subject to a cumulative penalty in the amount of one hundred
dollars per day for each violation from the date set for compliance until compliance with the
order is achieved.
(2) In addition to any penalty which may be imposed by the city, any person violating or failing
to comply with any of the provisions of this chapter shall be liable for all damage to public or
private property arising from such violation, including the cost of restoring the affected area to
its condition prior to the violation.
(3) The penalty imposed by this section shall be collected by civil action brought in the name of
the city. The responsible official shall notify the city attorney in writing of the name of any
person subject to the penalty, and the city attorney shall, with the assistance of the responsible
official, take appropriate action to collect the penalty.
(4) The violator may show as full or partial mitigation of liability:
(A) That the violation giving rise to the action was caused by the wilful act, or neglect, or abuse
of another; or
(B) That correction of the violation was commenced promptly upon receipt of the notice
thereof, but that full compliance within the time specified was prevented by inability to obtain
necessary materials or labor, inability to gain access to the subject structure, or other condition or
circumstance beyond the control of the violator.
(b) Criminal Penalties.
(1) Any person, and the officers, directors, managing agents, or partners of any corporation,
firm, partnership or other organization or business violating or failing to comply with any of the
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applicable provisions of this chapter and who has had a judgment entered against him or her
pursuant to Section 16.70.100(a)(3) or its predecessors within the past five years shall be subject
to criminal prosecution and upon conviction of subsequent violation shall be fined in a sum not
exceeding five thousand dollars or be imprisoned for a term not exceeding one year or be both
fined and imprisoned. Each day of noncompliance with any of the applicable provisions of the
chapter shall constitute a separate offense.
(2) The above criminal penalty may also be imposed:
(A) For any other violation of this chapter for which corrective action is not possible;
(B) For any wilful, intentional, or bad faith failure or refusal to comply with the standards or
requirements of this chapter; and
(C) For any violation of a stop work order issued pursuant to this chapter.
(3) In addition to any criminal penalty which may be imposed by the city, a violator may also
be liable for damages and costs of restoration described in Section 16.70.100(a), above.
(c) Additional Relief. The responsible official may seek legal or equitable relief to enjoin any
acts or practices and abate any condition which constitutes or will constitute a violation of the
applicable provisions of this chapter when civil or criminal penalties are inadequate to effect
compliance.
16.70.110 Other remedies.
Nothing in this chapter shall be construed as limiting any judicial remedies that the city
may have, at law or in equity, for enforcement of this chapter.
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Chapter 16.71 MASTER LAND USE PERMITS FOR
TELECOMMUNICATIONS CARRIERS AND PROVIDERS
Sections:
16.71.010 Purpose of master land use permit registration.
16.71.020 Master land use permit required.
16.71.030 Master land use permit fees.
16.71.010 Purpose of master land use permit registration.
The purpose of master land use permit is to:
(1) Provide the city with accurate and current information concerning the cable operators and
telecommunications carriers and providers who offer or provide services within the city, or that
own or operate facilities within the city;
(2) Assist the city in administration and enforcement of permit process in this chapter;
(3) Assist the city in the collection and enforcement of any municipal taxes, franchise fees,
license fees or charges that may be due the city; and
(4) Assist the city in monitoring compliance with local, state and federal laws.
16.71.020 Master land use permit required.
All cable operators, telecommunications carriers, and telecommunications providers that
offer or provide any cable service or telecommunications service for a fee directly to the public,
either within the city, or outside the corporate limits from cable or telecommunications facilities
within the city, shall apply for and obtain a master land use permit with the city department of
planning and community development pursuant to this chapter on the master land use permit
application form to be provided by the responsible official, which shall include the following:
(1) The identity and legal status of the applicant, including any affiliates.
(2) The name, address, telephone number, and title of the officer, agent or employee responsible
for the accuracy of the master land use permit application statement.
(3) A description of applicant's existing or proposed facilities within the city.
(4) A description of the service that the applicant intends to offer or provide, or is currently
offering or providing, to persons, firms, businesses or institutions within the city.
(5) Information sufficient to determine whether the applicant is subject to the public way
permitting and/or franchising requirements imposed by this chapter.
(6) Information sufficient to determine whether the transmission, origination or receipt of the
services provided or to be provided by the applicant constitutes an occupation or privilege
subject to any municipal telecommunications tax, utility tax or other occupation tax imposed by
the city.
(7) Information sufficient to determine that the applicant has applied for and received any
certificate of authority required by any federal or state agency to provide telecommunications
services or facilities within the city.
(8) Information sufficient to determine that the applicant has applied for and received any
construction permit, operating license or other approvals required by the Federal
Communications Commission to provide services or construct facilities within the city.
If the master land use permit form does not specifically request information as set forth
above then it is the applicant's responsibility to provide the information attached to the form.
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16.71.030 Master land use permit fees.
Each application for a master land use permit shall be accompanied by an application fee
which shall be set by the city council by ordinance. This fee shall be paid prior to issuance of
permit. All reimbursable expenses as described by the fee ordinance will be the responsibility of
the applicant as well.
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Chapter 16.72 TELECOMMUNICATIONS FRANCHISE
Sections:
16.72.010 Telecommunications franchise.
16.72.020 Franchise application.
16.72.030 Determination by the city.
16.72.040 Agreement.
16.72.050 Nonexclusive grant.
16.72.060 Terms of franchise grant.
16.72.070 Rights granted.
16.72.080 Franchise territory.
16.72.090 Compensation to the city.
16.72.100 Amendment of franchise grant.
16.72.110 Renewal application.
16.72.120 Renewal determination.
16.72.130 Obligation to cure as a condition of renewal.
16.72.010 Telecommunications franchise.
A telecommunications franchise shall be required of any telecommunications carrier or
other person who desires to occupy public ways of the city and to provide telecommunications
services to any person or area in the city.
16.72.020 Franchise application.
Any person that desires a telecommunications franchise pursuant to this chapter shall file
an application with the city which shall include the following:
(1) The identity of the applicant, including all affiliates of the applicant.
(2) A description of the services that are or will be offered or provided by the applicant over its
existing or proposed facilities.
(3) A description of the transmission medium that will be used by the franchise to offer its
existing or proposed facilities.
(4) Preliminary engineering plans, specifications and a network map of the facilities to be
located within the city, all in sufficient detail to identify:
(A) The location and route requested for applicant's proposed facilities;
(B) The location of all overhead and underground public utility, telecommunication, cable,
water, sewer drainage and other facilities in the public way along the proposed route;
(C) The location(s), if any, for interconnection with the facilities of other telecommunications
carriers and cable operators;
(D) The specific trees, structures, improvements, facilities and obstructions, if any, that
applicant proposes to temporarily or permanently remove or relocate.
(5) If applicant is proposing to install overhead facilities, evidence that surplus space is
available for locating its facilities on existing utility poles along the proposed route.
(6) If applicant is proposing an underground installation in existing ducts or conduits within the
public ways, information in sufficient detail to identify:
(A) The excess capacity currently available in such ducts or conduits before installation of
applicant's facilities;
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(B) The excess capacity, if any, that will exist in such ducts or conduits after installation of
applicant's facilities.
(7) If applicant is proposing an underground installation in existing ducts or conduits to be
constructed within the public ways:
(A) The location proposed for the new ducts or conduits;
(B) The excess capacity that will exist in such ducts or conduits after installation of applicant's
facilities.
(8) A preliminary construction schedule and completion dates.
(9) A preliminary traffic control plan in accordance with the city's adopted street standards.
(10) Audited financial statements prepared and certified by an accredited accountant in
accordance with generally accepted accounting principles demonstrating the applicant's financial
ability to construct, operate, maintain, relocate and remove the facilities.
(11) Information in sufficient detail to establish the applicant's technical qualifications,
experience and expertise regarding the facilities and services described in the application.
(12) Information to establish that the applicant has obtained all other governmental approvals
and permits to construct and operate the facilities and to offer or provide the telecommunications
or other services.
(13) Whether the applicant intends to provide cable service, video dialtone service or other
video programming service, and sufficient information to determine whether such service is
subject to cable franchising.
(14) An accurate map showing the location of any existing telecommunications facilities in the
city that applicant intends to use or lease.
(15) A description of the services or facilities that the applicant will offer or make available to
the city that applicant intends to use or lease.
(16) A description of applicant's access and line extension policies.
(17) The area or areas of the city the applicant desires to serve and a schedule for build-out to
the entire franchise area.
(18) All fees, deposits or charges required pursuant to Section 16.70.060.
(19) Such other and further information as may be requested by the city manager.
(20) An application fee which shall be set by the city council by resolution.
16.72.030 Determination by the city.
Within one hundred twenty days after receiving a complete application under Chapter
16.71, the city's responsible official shall issue a written determination recommending the
granting or denial of the application in whole or in part. Prior to granting or denying a franchise
under this section, the city council shall conduct a public hearing and make a decision based
upon the following standards:
(1) The financial and technical ability of the applicant.
(2) The legal ability of the applicant.
(3) The capacity of the public ways to accommodate the applicant's proposed facilities.
(4) The capacity of the public ways to accommodate additional utility and telecommunications
facilities if the franchise is granted.
(5) The damage or disruption, if any, of public facilities, improvements, service, travel and
landscaping if the franchise is granted.
(6) The public interest in minimizing the cost and disruption of construction within the public
ways.
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(7) The service that applicant will provide to the community and region.
(8) The effect, if any, on pubic health, safety and welfare if the franchise requested is granted.
(9) The availability of alternate routes and/or locations for the proposed facilities.
(10) Applicable federal and state telecommunications laws, regulations and policies.
(11) Such other factors as may demonstrate that the grant to use the public ways will serve the
community interest.
(12) That the requirements of RCW 35A.47.040 have been complied with.
If the application is denied, the written determination shall include the reason for denial.
16.72.040 Agreement.
No franchise shall be deemed to have been granted hereunder until the applicant and the
city have executed a written agreement setting forth the particular terms and provisions under
which the franchise has been granted the right to occupy and use public ways of the city.
16.72.050 Nonexclusive grant.
No franchise granted under this chapter shall confer any exclusive right, privilege, license
or franchise to occupy or use the public ways of the city for delivery to telecommunications
services or any other purposes.
16.72.060 Terms of franchise grant.
Unless otherwise specified in a franchise agreement, a telecommunications franchise
granted hereunder shall be valid for a term of ten years.
16.72.070 Rights granted.
No franchise granted under this chapter shall convey any right, title or interest in the
public ways, but shall be deemed a franchise only to use and occupy the public ways for the
limited purposes and term stated in the grant. Further, no franchise shall be construed as any
warranty of title.
16.72.080 Franchise territory.
A telecommunications franchise granted under this chapter shall be limited to the specific
public ways necessary to serve such areas.
16.72.090 Compensation to the city.
Each franchise granted under this chapter is subject to the city's right, which is expressly
reserved, to annually fix a fair and reasonable compensation to be paid for the franchise rights
granted to the franchisee; provided, nothing in this chapter shall prohibit the city and a franchise
from agreeing to the compensation to be paid.
16.72.100 Amendment of franchise grant.
A new franchise application and grant shall be required of any telecommunications
carrier that desires to extend its franchise territory or to locate its telecommunications facilities in
public ways of the city which are not included in a franchise previously granted under this
section. If ordered by the city to locate or relocate its telecommunications facilities in public
ways not included in a previously granted franchise, the city shall grant a franchise amendment
without further application.
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16.72.110 Renewal application.
A franchisee that desires to renew its franchise under this chapter shall, not more than one
hundred eighty days nor less than one hundred twenty days before expiration of the current
franchise, file an application with the city for renewal of its franchise which shall include the
following:
(1) The information required pursuant to Section 16.72.020.
(2) Any information required pursuant to the franchise agreement between the city and the
grantee.
(3) All deposits or charges required pursuant to this chapter.
(4) An application fee which shall be set by the city council by resolution.
16.72.120 Renewal determination.
Within one hundred twenty days after receiving a complete application for renewal under
Section 16.72.110 of this chapter, the city shall issue a written determination granting or denying
the renewal application in whole or in part. Prior to granting or denying renewal of a franchise
under this section, the city council shall conduct a public hearing and make a decision based
upon the following standards. If the renewal application is denied, the written determination shall
include the reasons for nonrenewal.
(1) The financial and technical ability of the applicant.
(2) The legal ability of the applicant.
(3) The continuing capacity of the public ways to accommodate the applicant's existing
facilities.
(4) The applicant's compliance with the requirements of this chapter and the franchise
agreement.
(5) Applicable federal, state and local telecommunications laws, rules and policies.
(6) Such other factors as may demonstrate that the continued grant to use the public ways will
serve the community interest.
16.72.130 Obligation to cure as a condition of renewal.
No franchise shall be renewed until any ongoing violations or defaults in the franchisee's
performance of the franchise agreement, or of the requirements of this chapter, have been cured,
or a plan detailing the corrective action to be taken by the franchisee has been approved by the
city.
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Chapter 16.73 TELECOMMUNICATIONS RIGHT-OF-WAY
USE PERMITS
Sections:
16.73.010 Telecommunications right-of-way use permit.
16.73.020 Telecommunications right-of-way use permit-Application.
16.73.030 Issuance/denial of telecommunications right-of-way use permit.
16.73.040 Agreement.
16.73.050 Nonexclusive grant.
16.73.060 Rights granted.
16.73.070 Terms of telecommunications right-of-way use permit.
16.73.080 Telecommunications right-of-way permit route.
16.73.090 Service to city users.
16.73.100 Compensation to the city.
16.73.110 Amendment of permit.
16.73.120 Renewal of telecommunications right-of-way use permit.
16.73.130 Standards for renewal of permits.
16.73.140 Obligation to cure as a condition of renewal.
16.73.010 Telecommunications right-of-way use permit.
A telecommunications right-of-way permit shall be required of any telecommunications
carrier who desires to occupy specific public ways of the city for the sole purpose of providing
telecommunications services to persons or areas outside the city.
16.73.020 Telecommunications right-of-way use permit--Application.
Any person that desires a telecommunications right-of-way use permit pursuant to this
chapter shall file application with the city which shall include the following information (if
different than the information requested under the franchise application in Section 16.72.020):
(1) The identity of the applicant, including all affiliates of the applicant.
(2) A description of the telecommunications services that are or will be offered or provided by
the applicant over its telecommunications facilities.
(3) A description of the transmission medium that will be used by the applicant to offer or
provide such telecommunications services.
(4) Preliminary engineering plans, specifications and a network map of the facilities to be
located within the city, all in sufficient detail to identify:
(A) The location and route requested for applicant's proposed telecommunications facilities;
(B) The location of all overhead and underground public utility, telecommunications, cable,
water, sewer drainage and other facilities in the public way along the proposed route;
(C) The location(s), if any, for interconnection with the telecommunications facilities or other
telecommunications carriers;
(D) The specific trees, structure, improvements, facilities and obstructions, if any, that applicant
proposes to temporarily or permanently remove or relocate.
(5) If applicant is proposing to install overhead facilities, evidence that surplus space is
available for locating its telecommunications facilities on existing utility poles along the
proposed route.
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(6) If applicant is proposing an underground installation in existing ducts or conduits within the
public ways, information in sufficient detail to identify:
(A) The excess capacity currently available in such ducts or conduits before installation of
applicant's telecommunications facilities;
(B) The excess capacity, if any, that will exist in such ducts or conduits after installation of
applicant's telecommunications facilities.
(7) If applicant is proposing an underground installation within new ducts or conduits to be
constructed within the public ways:
(A) The location proposed for the new ducts or conduits;
(B) The excess capacity that will exist in such ducts or conduits after installation of applicant's
telecommunications facilities.
(8) A preliminary construction schedule and completion date.
(9) A preliminary traffic control plan in accordance with the city's adopted street standards.
(10) Financial statements prepared in accordance with generally accepted accounting principles
demonstrating the applicant's financial ability to construct, operate, maintain, relocate had
remove the facilities.
(11) Information in sufficient detail to establish the applicant's technical qualifications,
experience and expertise regarding the telecommunications facilities and services described in
the application.
(12) Information to establish that the applicant has obtained all other governmental approvals
and permits to construct and operate the facilities, and to offer or provide the
telecommunications services.
(13) All deposits or charges required pursuant to this chapter.
(14) An application fee which shall be set by the city council by resolution.
16.73.030 Issuance/denial of telecommunications right-of-way use permit.
Within one hundred twenty days after receiving a complete application under Section
16.73.020, the city shall issue a written determination granting or denying the permit in whole or
in part. Prior to granting or denying a permit under this section, the city council shall conduct a
public hearing and make a decision based upon the following standards. If the permit is denied,
the written determination shall include the reason(s) for denial.
(1) The financial and technical ability of the applicant.
(2) The legal ability of the applicant.
(3) The capacity of the public ways to accommodate the applicant's proposed facilities.
(4) The capacity of the public ways to accommodate additional utility, cable, and
telecommunications facilities if the permit is granted.
(5) The damage or disruption, if any, of public or private facilities, improvements, service,
travel or landscaping if the permit is granted.
(6) The public interest in minimizing the cost and disruption of construction within the public
ways.
(7) The service that applicant will provide to the community and region.
(8) The effect, if any, on public health, safety and welfare if the license is granted.
(9) The availability of alternate routes and/or locations for the proposed facilities.
(10) Applicable federal and state telecommunications laws, regulations and policies.
(11) Such other factors as may demonstrate that the grant to use the public ways will serve the
community interest.
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16.73.040 Agreement.
No permit shall be deemed to have been granted hereunder until the applicant and the city
have executed a written agreement setting forth the particular terms and provisions under which
the permittee has been granted to right to occupy and use public ways of the city.
16.73.050 Nonexclusive grant.
No permit granted under this chapter shall confer any exclusive right, privilege, license or
franchise to occupy or use the public ways of the city for delivery of telecommunications
services or any other purposes.
16.73.060 Rights granted.
No permit granted under this chapter shall convey any right, title or interest in the public
ways, but shall be deemed a permit only to use and occupy the public ways for the limited
purposes and term stated in the permit. Further, no permit shall be construed as any warranty of
title.
16.73.070 Terms of telecommunications right-of-way use permit.
Unless otherwise specified in a permit, a telecommunications permit granted hereunder
shall be in effect for a term of ten years, which shall be revocable upon thirty days' notice by the
city to the permittee.
16.73.080 Telecommunications right-of-way permit route.
A telecommunications permit granted under this chapter shall be limited to a grant of
specific public ways and defined portions thereof.
16.73.090 Service to city users.
A permittee shall be permitted to offer or provide telecommunications services to persons
or areas within the city upon approval of an application for a telecommunications franchise
pursuant to Chapter 16.73.
16.73.100 Compensation to the city.
Each permit granted pursuant to this chapter is subject to the city's right, which is
expressly reserved, to annually fix a fair and reasonable compensation to be paid for the right to
occupy and use the public ways of the city granted under such permits; provided, nothing in this
chapter shall prohibit the city and a permittee from agreeing to the compensation to be paid.
16.73.110 Amendment of permit.
A new permit application shall be required of any telecommunications carrier that desires
to extend or locate its telecommunications facilities in public ways of the city which are not
included in a permit previously granted under this chapter. If ordered by the city to locate or
relocate its telecommunications facilities in public ways not included in a previously granted
license, the city shall grant a permit amendment without further application.
16.73.120 Renewal of telecommunications right-of-way use permit.
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A permittee that desires to renew its permit under this chapter shall, not more than one
hundred eighty days nor less than ninety days before expiration of the current permit, file an
application with the city for renewal of its permit which shall include the following:
(1) The information required pursuant to Section 16.73.020 of this chapter.
(2) Any information required pursuant to the permit agreement between the city and the
permittee.
(3) All deposits or charges required pursuant to this chapter.
(4) An application fee which shall be set by the city council by resolution.
16.73.130 Standards for renewal of permits.
Within ninety days after receiving a complete application for permit renewal, the city
shall issue a written determination granting or denying the renewal application in whole or in
part. Prior to granting or denying the renewal of a permit under this section, the city council shall
conduct a public hearing and make a decision based upon the following standards. If the renewal
application is denied, the written determination shall include the reasons for nonrenewal.
(1) The financial and technical ability of the applicant.
(2) The continuing capacity of the public ways to accommodate the applicant's existing
facilities.
(3) The applicant's compliance with the requirements of this chapter and the permit.
(4) Applicable federal, state and local telecommunications laws, rules and policies.
(5) Such other factors as may demonstrate that the continued grant to use the public ways will
serve the community interest.
16.73.140 Obligation to cure as a condition of renewal.
No permit shall be renewed until any ongoing violations or defaults in the permittee's
performance of the permit, or of the requirements of this chapter, have been cured, or a plan
detailing the corrective action to be taken by the permittee has been approved by the city.
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Chapter 16.74 CABLE TELEVISION FRANCHISE
Sections:
16.74.010 Cable television franchise.
16.74.020 Franchise application.
16.74.030 Determination by the city.
16.74.040 Agreement.
16.74.050 Nonexclusive grant.
16.74.060 Terms of franchise grant.
16.74.070 Rights granted.
16.74.080 Franchise territory.
16.74.090 Nondiscrimination.
16.74.100 Amendment of franchise grant.
16.74.110 Renewal application.
16.74.120 Renewal determination.
16.74.130 Obligation to cure as a condition of renewal.
16.74.140 Rates.
16.74.150 Periodic meetings.
16.74.160 Cable system evaluation.
16.74.170 Public, educational and governmental access.
16.74.180 City-wide public, educational and government access interconnection.
16.74.190 Institutional networks (I-Nets).
16.74.200 City-wide institutional networks interconnection.
16.74.210 Access and institutional network equipment.
16.74.220 External franchising costs.
16.74.230 Continuity of service.
16.74.240 Equalization of civic contributions.
16.74.250 Subscriber rate complaint process.
16.74.260 Parental control devices.
16.74.270 Customer service.
16.74.280 Telephone response.
16.74.290 Failure to improve customer service.
16.74.300 Reports.
16.74.310 Programming.
16.74.320 Inconsistency.
16.74.010 Cable television franchise.
A cable television franchise shall be required of any telecommunications carrier, cable
operator, or other person who desires to occupy the public ways of the city and to provide cable
service to any person or area in the city.
16.74.020 Franchise application.
Any person that desires a cable television franchise pursuant to this chapter shall file an
application with the city which, in addition to the materials required by Section 16.72.020, shall
include whether the applicant intends to provide telecommunications service, and sufficient
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information to determine whether such service is subject to telecommunications franchising
pursuant to this chapter.
16.74.030 Determination by the city.
Within one hundred twenty days after receiving a complete application under Section
16.74.020, the city shall issue a written determination granting or denying the application in
whole or in part. Prior to granting or denying a franchise under this chapter, the city council shall
conduct a public hearing and make a decision based upon the standards set forth in Section
16.72.030. If the application is denied, the written determination shall include the reason(s) for
denial.
16.74.040 Agreement.
No franchise shall be deemed to have been granted hereunder until the applicant and the
city have executed a written agreement setting forth the particular terms and provisions under
which the franchise has been granted to right to occupy and use public ways of the city and to
provide cable service to persons or areas within the city.
16.74.050 Nonexclusive grant.
No franchise granted under this chapter shall confer any exclusive right, privilege, license
or franchise to occupy or use the ways of the city for delivery of cable services or any other
purposes.
16.74.060 Terms of franchise grant.
Unless otherwise specified in a franchise agreement, a cable franchise granted hereunder
shall be valid for a term of ten years.
16.74.070 Rights granted.
A cable television franchise granted pursuant to this chapter shall authorize a franchisee:
(1) To engage in the business of operating and providing cable service and services and the
distribution and sale of such services to subscribers within the city; and
(2) To erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over,
under, upon, across and along any public way, such amplifiers and appliances, lines, cables,
conductors, vaults, manholes, pedestals, attachments, supporting structures, and other property as
may be necessary and appropriate to the cable system. Provided, however, that no privilege or
exemption shall be granted or conferred upon a franchisee by any franchise except as specifically
prescribed therein, and any use of any public way shall be consistent with any prior lawful
occupancy of the public way or any subsequent improvement or installation therein. Provided
further, that no franchise granted pursuant to this chapter shall convey any right, title or interest
in the public ways, but shall be deemed a franchise only to use and occupy the public ways for
the limited purposes and term stated in the grant. No franchise shall be constructed as any
warranty of title.
16.74.080 Franchise territory.
A cable television franchise granted under this chapter shall be limited to the specific
geographic area of the city to be served by the franchisee, and the specific public ways necessary
to serve such areas.
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16.74.090 Nondiscrimination.
A franchisee shall make its telecommunications services available to any customer within
its franchise area who all request such service, without discrimination as to the terms, conditions,
rates or charges for grantee's services; provided, however, that nothing in this chapter shall
prohibit a franchisee from making any reasonable classifications among differently situated
customers. Provided further, that nothing in this chapter shall be deemed to prohibit the
establishment of a graduated scale of charges and classified rate schedules to which any
customer coming within such classification would be entitled, and that connection and/or service
charges may be waived or modified during promotional campaigns of a franchisee. A franchisee
will not deny access to cable service to any group or potential residential subscribers because of
the income of the residents of the local area in which the group resides.
16.74.100 Amendment of franchise grant.
Except as otherwise provided by 47 U.S.C. Section 545, a new franchise application and
grant shall be required of any cable operator that desires to extend its franchise territory, to locate
its cable facilities in public ways of the city which are not included in a franchise previously
granted under this chapter, or to otherwise modify its franchise or franchise agreement. If
ordered by the city to locate or relocate its cable facilities in public ways not included in a
previously granted franchise, the city shall grant a franchise amendment without further
application.
16.74.110 Renewal application.
A franchisee that desires to renew its franchise under this chapter shall, not more than one
hundred eighty days nor less than one hundred twenty days before expiration of the current
franchise, file an application with the city for renewal of its franchise which shall include the
following:
(1) The information required pursuant to Section 16.72.020.
(2) Any information required pursuant to the franchise agreement between the city and the
grantee.
(3) Any information required pursuant to the Cable Act.
(4) All deposits or charges required pursuant to this chapter.
(5) An application fee which shall be set by the city council be resolution.
16.74.120 Renewal determination.
Within one hundred twenty days after receiving a complete application under Section
16.72.110, the city shall issue a written determination granting or denying the renewal
application in whole or in part. Prior to granting or denying renewal of a franchise under this
chapter, the city council shall conduct a public hearing and make a decision based upon the
standards set forth in the Cable Act, its implementing regulations, and the standards set forth in
Section 16.72.120. If the renewal application is denied, the written determination shall include
the reason(s) for nonrenewal.
16.74.130 Obligation to cure as a condition of renewal.
No franchise shall be renewed until any ongoing violations or defaults in the franchisee's
performance of the franchise agreement, or of the requirements of the chapter, have been cured,
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or a plan detailing the corrective action to be taken by the franchisee has been approved by the
city.
16.74.140 Rates.
Within thirty days after the grant of franchise pursuant to this chapter, a franchisee shall
file with the city a complete schedule of all present rates charged to all subscribers. Prior to
implementation of any change in rates or charges for any service or equipment provided by a
franchisee, a franchisee shall provide the city and all subscribers a minimum of thirty days prior
written notice of such change. Subject to 47 U.S.C. Section 542, a franchisee shall pay the city a
franchise fee equal to five percent or greater of its gross revenues as defined in this chapter. The
franchise fee shall be paid quarterly, on or before the thirtieth day of January, April, July, and
October. Such remittances shall be accompanied by forms furnished by the city to report
reasonably detailed information as to the sources of such revenues.
16.74.150 Periodic meetings.
Upon request, but not more than once during any calendar year, a franchisee shall meet
with designated city officials and/or designated representative(s) of the city to review the
performance of a franchisee for the preceding period. The franchisee shall be given not less than
thirty days' prior written notice of any such meeting. The subjects may include, but are not
limited to, those items covered in the periodic reports and performance tests.
16.74.160 Cable system evaluation.
In addition to periodic meetings, and with written notice of not less than five business
days so that a franchisee can arrange to have necessary personnel present, the city may require
reasonable evaluation sessions at any time during the term of a franchise. It is intended that such
evaluations cover areas such as customer service, response to the community's cable-related
needs, and a franchisee's performance under and compliance with the terms of a franchise.
16.74.170 Public, educational and governmental access.
As permitted by 47 U.S.C. Section 531, the city may require, as a condition of a franchise
granted pursuant to this chapter, provisions for public, educational and government (PEG)
access.
16.74.180 City-wide public, educational and government access interconnection.
As permitted by 47 U.S.C. Section 531, the city may request a franchisee to begin
negotiations to interconnect PEG access channels of a cable television system with any and all
other contiguous and compatible cable systems. Interconnection of system may be accomplished
by direct cable connection, microwave link, or other technically feasible method. Upon receiving
request of the city to interconnect, if a franchisee has not already done so, a franchisee shall
initiate negotiations with other affected system(s), and shall report to the city the results of such
negotiations no later than sixty days after such initiation. Any costs of interconnection may be
passed through to subscribers by a franchisee.
16.74.190 Institutional networks (I-Nets).
A franchisee's cable system shall have the capability of serving designated educational
and public buildings with uni- or bi-directional video/audio signals. The linkage may be by
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cable, microwave or other means deemed appropriate by a franchisee. If required, suitable
encoding and decoding devices shall be made available by a franchisee to assure transmission
security. A public entity desiring the activation of such service shall make application thereof to
a franchisee. Activation of such services to a public entity shall not be unduly denied. As
provided by the Cable Act, a public entity in the city denied such service may request a public
hearing to evaluate such denial. Both the requester and the franchisee shall be provided the
opportunity to present the reasons for the request and the reasons for the denial. Upon a finding
by the city council that these services are reasonably required to meet community needs, taking
into account the cost of meeting such needs, the city council may require the activation of such
services for the public entity in a reasonable time and on the same basis that other public entities
in the city receive the same service.
16.74.200 City-wide institutional networks interconnection.
A franchise agreement may require a franchisee to make such interconnections as
necessary to connect certain designated institutions on a city-wide basis. The same conditions as
enumerated in Section 16.72.030 shall apply to such interconnections.
16.74.210 Access and institutional network equipment.
A franchise agreement may require a franchisee to contribute either specified goods and
services and/or a specified sum of money for the purpose of providing facilities and equipment
for PEG access programming and institutional networks.
16.74.220 External franchising costs.
Prior to expenditure of capital for any franchise related requirements that would be
treated as an external cost passed through to customers, the franchisee shall notify the city of its
intent to exercise its right and the amount to be passed through to customers. The city may waive
the franchise related requirement if, in the city's opinion, the increase in rates would be a burden
on city rate payers.
16.74.230 Continuity of service.
It shall be the right of all subscribers to continue receiving service so long as their
financial and other obligations to a franchisee are fulfilled. In this regard a franchisee shall act so
far as it is reasonably within its control to provide all subscribers with continuous uninterrupted
service during the term of the franchise, subject to applicable law. In the event a franchisee fails
to operate a system for seventy-two continuous and consecutive hours without prior notification
to and approval of the city council or without just cause such as an impossibility to operate the
system because of the occurrence of an act of God or other circumstance reasonably beyond a
franchisee's control, the city may, alter notice and an opportunity for a franchisee to commence
operations at its option, operate the emergency alert system or designate someone to operate the
emergency alert system until such time as a franchisee restores service or a replacement
franchisee is selected. If the city is required to fulfill this obligation for a franchisee, a franchisee
shall reimburse the city for all reasonable costs or damages that are the result of a franchisee's
failure to perform.
16.74.240 Equalization of civic contributions.
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In the event of one or more new franchises being granted, the city may require that such
subsequent franchisees pay to the city an amount proportionally equal to franchising costs
contributed by the initial franchisee. These costs may include but are not limited to such features
as access and institutional network costs, bi-directional or equivalent cable installed to municipal
buildings and similar expenses. Additional franchisees shall provide all PEG access channel(s)
currently available to the subscribers of existing franchisees. In order to provide these access
channels, additional franchisees shall interconnect, at their cost, with existing franchisees,
subject to any reasonable terms and conditions that the existing franchisee providing the
interconnection may require. These interconnection agreements shall be made directly between
the franchisees. The city council, in such cases of dispute of award, may be called upon to
arbitrate regarding these arrangements. Additional franchisees shall contribute towards costs of
PEG access paid by a prior franchisee by paying to the prior franchisee on each anniversary of
the grant of the subsequent franchise an amount equal to a proportionate share of the amount
contributed by the prior franchisee for PEG access costs in constant dollars. This proportionate
share shall be based upon the number of subscribers in the city held by each franchise and shall
be contributed until such time as equal contributions towards the cost of PEG access have been
made.
16.74.250 Subscriber rate complaint process.
As provided by 47 U.S.C. Section 543, any subscriber aggrieved by a cable rate increase
shall file its cable rate complaint with the city within ninety days of the effective date of such an
increase. Such complaints shall be submitted upon a form prescribed by the responsible official.
If the city receives cable rate complaints from cable subscribers, it may, in its sole discretion, file
a cable rate complaint with the FCC, seeking review of any rate increase.
16.74.260 Parental control devices.
A franchisee shall make available at its cost, including applicable handling fees, a device
by which the subscriber can prohibit viewing of a particular cable service during periods selected
by that subscriber.
16.74.270 Customer service.
(a) A franchisee shall render repair service to restore the quality of the signal at approximately
the same standards existing prior to the failure or damage of the component causing the failure
and make repairs promptly and interrupt service only for good cause and for the shortest time
possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur
during a period of minimum use of the system, A log of all service interruptions shall be
maintained for a period of at least one year. The city, after two working days' notice, may inspect
such logs.
(b) An employee of a franchise shall answer and respond to all individual complaints received
up until five p.m. weekdays. A franchise may use an answering service to receive complaints
after five p.m. weekdays and on weekends and holidays and shall respond to any system outage
affecting more than five subscribers regardless of day and hour. A copy of the instructions to the
answering service by a franchisee shall be furnished to the city or its designee.
(c) A technician shall be on call seven days a week, twenty-four hours a day. A franchisee shall
respond immediately to service complaints in an efficient manner.
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(d) A franchisee shall maintain a sufficient repair force to respond to individual requests for
repair service within two working days after receipt of the complaint or request, except Saturday,
Sunday and legal holidays. All complaints shall be resolved within seven days, to extent
reasonable. If a subscriber has notified a franchisee of an outage, no charge for the period of the
outage shall be made to the subscriber if the subscriber was without service for a period
exceeding twenty-four hours.
(e) A franchisee shall supply at the time of a new connection, and periodically at least once a
year, the title, address and telephone number of the city official or his/her designee, to whom
subscribers may direct their concerns.
(f) In no case will a franchisee's service standards fall below the standards established below the
National Cable Television Association (NCTA), incorporated by this reference as though
completely set forth herein.
16.74.280 Telephone response.
(a) A franchisee shall maintain an adequate force of customer service representatives as well as
incoming trunk lines so that telephone inquiries are met promptly and responsively. A franchisee
shall have in place procedures for utilization of other manpower and/or recording devices for
handling the flow of telephone calls at peak periods of large outages or other major causes of
subscriber concern. A copy of such procedures and/or policies shall be made available to the
city.
(b) In order that the city may be informed of a franchisee's success in achieving satisfactory
customer relations in its telephone answering functions, a franchisee shall, upon request by the
city, and routinely each quarter, provide the city with a summary that provides the following:
(1) Total number of calls received in recording periods;
(2) Time taken to answer;
(3) Average talk time;
(4) Number of calls abandoned by the caller;
(5) Average hold time;
(6) Percentage of time all lines busy;
(7) An explanation of any abnormalities.
(c) This data will be compared to the minimum standards of the NCTA, or any amendment
thereto increasing such standards, and shall be monitored by the city.
(d) Calls for service generated during periods of system outages due to emergencies affecting
more than twenty-five customers may be excluded from the service response calculations. The
city shall have the sole determination as to what constitutes a system failure due to emergency
and which calls shall be excluded from the service level calculations.
16.74.290 Failure to improve customer service.
The city or its designee shall review telephone response and customer service information
with a franchisee. Improvements will be made by the franchisee in the appropriate categories
which are found deficient from the last reporting period. Failure to do so may result in action
being taken pursuant to Section 16.74.130.
16.74.300 Reports.
A franchisee shall furnish, upon request, a report of its activities as appropriate. Such
report shall include:
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(1) A copy of the franchisee's most recent annual report;
(2) A copy of the franchisee's 10-K report, if required by the Securities and Exchange
Commission;
(3) The number of homes passed by the franchisee's cable system; and
(4) The number of subscribers with basic services;
(5) The number of subscribers with premium services;
(6) The number of hook-ups in the reporting period;
(7) The number of disconnects in the reporting period;
(8) The total number of miles of cable under the franchisee's control within the city;
(9) A summary of complaints received by category, length of time taken to resolve each
complaint, and action taken to provide resolution;
(10) A copy of franchisee's current billing practices, and a sample copy of then franchisee's
current bill format;
(11) A copy of the franchisee's current subscriber service agreement;
(12) Any other such reports with respect to the franchisee's local operations, affairs,
transactions, or property that the city may deem to be appropriate.
16.74.310 Programming.
For informational purposes, a franchisee shall file a listing of its programming and the
tiers in which they are placed. A franchisee shall consider the city's suggestions of general
programming categories as determined from time to time in residential questionnaire polls. The
results of such surveys, when performed, shall be appended to the respective franchise
agreements.
16.74.320 Inconsistency.
If any portion of this chapter should be inconsistent or conflict with any rule or regulation
now or hereafter adopted by the FCC or other federal law, then to the extent of the inconsistency
or conflict, the rule or regulation of the FCC or other federal law shall control for so long, but
only for so long, as such rule, regulation, or law shall remain in effect; provided the remaining
provisions of this chapter shall not be effected thereby.
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Chapter 16.75 CONDITIONS OF PERMITS AND FRANCHISES
Sections:
16.75.010 Purpose.
16.75.020 Acceptance.
16.75.030 Police power.
16.75.040 Rules and regulations by the city.
16.75.050 Location of facilities.
16.75.060 Compliance with one call locator service.
16.75.070 Construction approval.
16.75.080 Interference with the public ways.
16.75.090 Damage to property.
16.75.100 Notice of work.
16.75.110 Repair and emergency work.
16.75.120 Maintenance of facilities.
16.75.130 Relocation or removal of facilities.
16.75.140 Building moving.
16.75.150 Removal of unauthorized facilities.
16.75.160 Emergency removal or relocation of facilities.
16.75.170 Damage to facilities.
16.75.180 Restoration of public ways, other ways and city property.
16.75.190 Facilities maps.
16.75.200 Duty to provide information.
16.75.210 Leased capacity.
16.75.220 Insurance.
16.75.230 General indemnification.
16.75.240 Performance and construction surety.
16.75.250 Security fund.
16.75.260 Restoration bond.
16.75.270 Construction and completion.
16.75.280 Coordination of construction activities.
16.75.290 Assignments or transfers of grant.
16.75.300 Transactions affecting control of grant.
16.75.310 Revocation or termination of grant.
16.75.320 Notice and duty to cure.
16.75.330 Hearing.
16.75.340 Standards for revocation or lesser sanctions.
16.75.350 Incorporation by reference.
16.75.360 Notice of entry on private property.
16.75.370 Safety requirements.
16.75.010 Purpose.
The purpose of this chapter is to set forth certain terms and conditions which are common
to all telecommunications right-of-way use permits, telecommunications franchises, and cable
television franchises. Except as otherwise provided in this chapter or in such a permit or
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franchise, the provisions of this chapter apply to all such permits and franchises approved or
granted by the city council.
16.75.020 Acceptance.
No permit or franchise granted pursuant to the provisions of this chapter shall become
effective unless and until the ordinance granting the same has become effective. Within thirty
days after the effective date of the ordinance granting a permit or awarding a franchise, or within
such extended period of time as the city council in its discretion may authorize, a franchisee shall
file with the responsible official its written acceptance of the permit or franchise, in a form
satisfactory to the city attorney, together with the bonds, insurance policies, and security fund
required by this chapter.
16.75.030 Police power.
In accepting any permit or franchise, the permittee or franchisee acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the city to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the city pursuant to such power.
16.75.040 Rules and regulations by the city.
In addition to the inherent powers of the city to regulate and control any permit or
franchise it issues, the authority granted to it by the Cable Act and the Telecommunications Act
of 1996, and those powers expressly reserved by the city, or agreed to and provided for in any
permit or franchise, the right and power is hereby reserved by the city to promulgate such
additional regulations as it may find necessary in the exercise of its lawful powers giving due
regard to the rights of permittee and franchisees. Except as provided in this chapter, the
foregoing does not allow for amendment by the city of material terms of any permit or franchise
it issues without the consent of the permittee or franchisee. The city council reserves the right to
delegate its authority for permit and franchise administration to a designated agent.
16.75.050 Location of facilities.
All facilities shall be constructed, installed and located in accordance with the following
terms and conditions, unless otherwise specified in a permit or franchise agreement.
(1) A permittee or franchisee grantee shall install its cable or telecommunications facilities
within an existing underground duct or conduit whenever excess capacity exists within such
utility facility.
(2) A permittee or franchisee with permission to install overhead facilities shall install its cable
or telecommunications facilities on pole attachments to existing utility poles only, and then only
if surplus space is available.
(3) Whenever any new or existing electric utilities, cable facilities or telecommunications
facilities are located underground within a public way of the city, a permittee or franchisee with
permission to occupy the same public way must also locate its cable or telecommunications
facilities underground.
(4) Whenever any new or existing electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within a public way of the city, a permittee or
franchisee that currently occupies the same public way shall relocate its facilities underground.
Absent extraordinary circumstances or undue hardship as determined by the city public works
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director, such relocation shall be made concurrently to minimize the disruption of the public
ways. The location or relocation of the facilities shall be done in accordance with the department
of public works standard cross-section and other standards. No extension granted by the director
of public works under this subsection shall exceed a period of twelve months.
(5) Whenever new cable or telecommunications facilities will exhaust the capacity of a public
street or utility easement to reasonably accommodate future cable or telecommunications carriers
or facilities, the permittee or franchisee and all other occupants of the public way shall provide
additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future
operators and carriers.
16.75.060 Compliance with one call locator service.
All permittees and franchisees shall, before commencing any construction in the public
ways, comply with all regulations of Chapter 19.122 RCW, the one call locator service.
16.75.070 Construction approval.
All permittees and franchisees are required to obtain construction approval for cable and
telecommunications facilities as required in Chapter 16.76. However, nothing in this chapter
shall prohibit the city and a permittee or franchisee from agreeing to alternative plan review,
permit, and construction procedures for a permit or franchise agreement, provided such
alternative procedures provide substantially equivalent safeguards for responsible construction
practices.
16.75.080 Interference with the public ways.
No permittee or franchisee may locate or maintain its cable or telecommunications
facilities so as to unreasonably interfere with the use of the public ways by the city, by the
general public or by other persons authorized to use or be present in or upon the public ways. All
such facilities shall be moved by the permittee or franchisee, at the permittee or franchisee's cost,
temporarily or permanently, as determined by the city public works director.
16.75.090 Damage to property.
No permittee or franchise nor any person acting on a permittee or franchisee's behalf shall
take any action or permit any action to be done which may impair or damage any city property,
public ways of the city, other ways or other property, whether publicly or privately owned,
located in, on or adjacent thereto.
16.75.100 Notice of work.
Unless otherwise provided in a permit or franchise agreement, no permittee or franchisee,
not any person acting on the permittee's or franchisee's behalf, shall commence any
nonemergency work in or about the public ways of the city or other ways without ten working
days' advance notice to the city.
16.75.110 Repair and emergency work.
In the event of an unexpected repair or emergency, a permittee or franchise may
commence such repair and emergency response work as required under the circumstances,
provided the permittee or franchisee shall notify the city as promptly as possible, before such
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repair or emergency work commences or as soon thereafter as possible if advance notice is not
practicable.
16.75.120 Maintenance of facilities.
Each permittee or franchisee shall maintain its facilities in good and safe condition and in
a manner that complies with all applicable federal, state and local requirements.
16.75.130 Relocation or removal of facilities.
Within thirty days following written notice from the city, a permittee or franchisee shall,
at its own expense, temporarily or permanently remove, relocate, change or alter the position of
any cable or telecommunications facilities within the public ways whenever the city public
works director shall have determined that such removal, relocation, change or alteration is
reasonably necessary for:
(1) The construction, repair, maintenance or installation of any city or other public
improvement in or upon the public ways; or
(2) The operations of the city or other governmental entity in or upon the public ways.
16.75.140 Building moving.
Whenever any person shall have obtained permission from the city to use any street or
public way for the purpose of moving any building, a permittee or franchisee, upon any street or
public way for the purpose of moving any building, a permittee or franchisee, upon seven days'
written notice from the city, shall raise or remove, at the expense of the person desiring to move
the building, any of the permittee or franchisee's facilities which may obstruct the removal of
such building; provided that the person desiring to move the building shall comply with all
requirements of the city for the movement of buildings.
16.75.150 Removal of unauthorized facilities.
Within thirty days following written notice from the city, any permittee,
telecommunications carrier, or other person that owns, controls or maintains any unauthorized
cable or telecommunications system, facility or related appurtenances within the public ways of
the city shall, at its own expense, remove such facilities or appurtenances from the public ways
of the city. A cable or telecommunications system or facility is unauthorized and subject to
removal in the following circumstances:
(1) Upon expiration or termination of the permittee or franchisee's permit or franchise;
(2) Upon abandonment of a facility within the public ways of the city. Any property of a
permittee or franchisee shall be deemed abandoned if left in place ninety days after expiration or
termination of a permit or franchise;
(3) If the system or facility was constructed or installed without the prior grant of a permit or
franchise;
(4) If the system or facility was constructed or installed without the prior issuance of a required
construction permit;
(5) If the system or facility was constructed or installed at a location not permitted by the
permittee or franchisee's permit or franchise;
provided, however, that the city may, in its sole discretion, allow a permittee, franchisee, or other
such persons who may own, control, or maintain cable or telecommunications facilities within
the public ways of the city to abandon such facilities in place. No facilities of any type may be
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abandoned in place without the express written consent of the city. Any plan for abandonment or
removal of a permittee or franchisee's facilities must be first approved by the public works
director, and all necessary permits must be obtained prior to such work. Upon permanent
abandonment of the property, the property shall become that of the city, and such persons shall
submit to the responsible official an instrument in writing, to be approved by the city attorney,
transferring to the city the ownership of such property. The provisions of this section shall
survive the expiration, revocation, or termination of a permit or franchise granted under this
chapter.
16.75.160 Emergency removal or relocation of facilities.
The city retains the right and privilege to cut or move any cable telecommunications
facilities located within the public ways of the city, as the city may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The city shall not be
liable to any cable operator, telecommunications carrier, or any other party for any direct,
indirect, or any other such damages suffered by any person or entity of any type as a direct or
indirect result of the city's actions under Section 16.75.150.
16.75.170 Damage to facilities.
Unless directly and proximately caused by the wilful, intentional or malicious acts by the
city, the city shall not be liable for any damage to or loss of any cable or telecommunications
facility upon city property or within the public ways of the city as a result of or in connection
with any public works, public improvements, construction, excavation, grading, filling, or work
of any kind on such city property or within the public ways by or on behalf of the city.
16.75.180 Restoration of public ways, other ways and city property.
(a) When a permittee or franchisee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or city property, it shall, at its own expense, promptly
remove any obstructions therefrom and restore such ways or property to as good a condition as
existed before the work was undertaken, unless otherwise directed by the city.
(b) If weather or other conditions do not permit the complete restoration required by this
section, the permittee or franchisee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the permittee or franchisee's sole expense and the permittee or
franchisee shall promptly undertake and complete the required permanent restoration when the
weather or other conditions no longer prevent such permanent restoration.
(c) A permittee, franchisee or other person acting in its behalf shall use suitable barricades,
flags, flagmen, lights, flares and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle or property by reason of
such work in or affecting such ways or property.
16.75.190 Facilities maps.
Each permittee or franchisee shall provide the city with an accurate map or maps
certifying the location of all telecommunications facilities within the public ways. Each
permittee or franchisee shall provide the city with updated maps annually.
16.75.200 Duty to provide information.
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Within ten days of a written request from the city supervisor, each permittee or franchisee
shall furnish the city with information sufficient to demonstrate:
(1) That permittee or franchisee has complied with all requirements of this chapter.
(2) That all sales, utility and/or telecommunications taxes due the city in connection with the
cable or telecommunications services and facilities provided by the permittee have been properly
collected and paid by the permittee or franchisee.
All books, records, maps and other documents, maintained by the permittee or franchisee
with respect to its facilities within the public ways shall be made available for inspection by the
city at reasonable times and intervals.
Provided, however, that nothing in this section shall be construed to require a permittee
or franchisee to violate state or federal law regarding subscriber privacy, nor shall this section be
construed to require a permittee or franchisee to disclose proprietary or confidential information
without adequate safeguards for its confidential or proprietary nature.
16.75.210 Leased capacity.
A permittee or franchisee shall have the right, without prior city approval, to offer or
provide capacity or bandwidth to its customers consistent with such permit or franchisee;
provided:
(1) The permittee or franchisee shall furnish the city with a copy of any such lease or agreement
between the permittee or franchisee and the customer or lessee; and
(2) The customer or lessee complied, to the extent applicable, with the requirements of this
chapter.
16.75.220 Insurance.
Unless otherwise provided in a permit or franchise agreement, each permittee or
franchisee shall, as a condition of the permit or grant, secure and maintain the following liability
insurance policies insuring both the permittee or franchisee and the city, and its elected and
appointed officers, officials, agents and employees as co-insureds:
(1) Comprehensive general liability insurance with limits not less than
(A) Five million dollars for bodily injury or death to each person;
(B) Five million dollars for property damage resulting from any one accident; and
(C) Five million dollars for all other types of liability.
(2) Automobile liability for owned, non-owned and hired vehicles with a limit of three million
dollars for each person and three million dollars for each accident.
(3) Worker's compensation within statutory limits and employer's liability insurance with limits
of not less than one million dollars.
(4) Comprehensive form premises-operations, explosions and collapse hazard, underground
hazard and products completed hazard with limits of not less than three million dollars.
(5) The liability insurance policies required by this section shall be maintained by the permittee
or franchisee throughout the term of the permit or franchise, and such other period of time during
which the permittee or franchisee is operating without a franchise or permit hereunder, or
engaged in the removal of its telecommunications facilities. Each such insurance policy shall
contain the following endorsement:
It is hereby understood and agreed that this policy may not be canceled nor the intention not to
renew be stated until 90 days after receipt by the City, by registered mail, of a written notice
addressed to the City Manager of such intent to cancel or not to renew.
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(6) Within sixty days after receipt by the city of said notice, and in no event later than thirty
days prior to said cancellation or intent not to renew, the permittee or franchisee shall obtain and
furnish to the city replacement insurance policies meeting the requirements of this section.
16.75.230 General indemnification.
No permit or franchise shall be deemed to be granted under this chapter unless it includes
an indemnity clause substantially conforming to the following:
The permittee or franchisee hereby releases, covenants not to bring suit and agrees to indemnify,
defend and hold harmless the City, its officers, employees, agents and representatives from any
and all claims by the permittee or franchisee's own employees to which the permittee or
franchise might otherwise be immune under Title 51 RCW, arising from injury or death of any
person or damage to property of which the negligent acts or omissions of the permittee or
franchisee, its agents, servants, officers or employees in performing under this permit or
franchisee are the proximate cause. The permittee or franchisee further releases, covenants not to
bring suit and agrees to indemnify, defend and hold harmless the City, its officers and employees
from any and all claims, costs, judgments, awards or liability to any person including claims by
the permittee or franchisee's own employees, including those claims to which the permittee or
franchisee might otherwise have immunity under Title 51 RCW, arising against the City solely
by virtue of the City's ownership or control of the rights-of-way or other public properties, by
virtue of the permittee or franchisee's exercise of the rights granted herein, or by virtue of the
City's permitting the permittee or franchisee's use of the City's rights-of-way or other public
property, based upon the City's inspection or lack of inspection of work performed by the
permittee or franchisee, its agents and servants, officers or employees in connection with work
authorized on the City's property or property over which the City has control, pursuant to this
permit or franchise or pursuant to any other permit or approval issued in connection with this
permit or franchise. This covenant of indemnification shall include, but not be limited by this
reference, claims against the City arising as a result of the negligent acts or omissions of the
permittee or franchisee, its agents, servants, officers or employees in barricading, instituting
trench safety systems or providing other adequate warnings of any excavation, construction, or
work in any public right-of-way or other public place in performance of work or services
permitted under this permit or franchise.
Inspection or acceptance by the City of any work performed by the permittee or franchisee at the
time of completion of construction shall not be grounds for avoidance of any of these covenants
of indemnification. Said indemnification obligations shall extend to claims which are not
reduced to a suit and any claims which may be compromised prior to the culmination of any
litigation or the institution of any litigation.
In the event that the permittee or franchisee refuses the tender of defense in any suit or any
claim, said tender having been made pursuant to the indemnification clauses contained herein,
and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal
that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of
the permittee or franchisee, then the permittee or franchisee shall pay all of the City's costs for
defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees
and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this
indemnification clause.
In the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the permittee or franchisee and
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the City, its officers, employees and agents, the permittee or franchisee's liability hereunder shall
be only to the extent of the permittee or franchisee's negligence. It is further specifically and
expressly understood that the indemnification provided herein constitutes the permittee or
franchisee's waiver of immunity under Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this Section shall survive the expiration or termination of this franchise
agreement.
Notwithstanding any other provisions of this Section, the permittee or franchisee assumes the
risk of damage to its facilities located in the City's public ways, rights-of-way, and easements
from activities conducted by the City, its officers, agents, employees and contractors. The
permittee or franchisee releases and waives any and all claims against the City, its officers,
agents, employees or contractors for damage to or destruction of the permittee or franchisee's
facilities caused by or arising out of activities conducted by the City, its officer's, agents,
employees and contractors, in the public ways, rights-of-way, and easements subject to this
permit or franchise, except to the extent any such damage or destruction is caused by or arises
from the sole negligence or any willful or malicious action on the part of the City, its officers,
agents, employees or contractors. The permittee or franchisee further agrees to indemnify, hold
harmless and defend the City against any claims for damages, including, but not limited to,
business interruption damages and lost profits, brought by or under users of the permittee or
franchisee's facilities as the result of any interruption of service due to damage ore destruction of
the User's facilities caused by or arising out of activities conducted by the City, its officers,
agents, employees or contractors, except to the extent any such damage or destruction is caused
by or arises from the sole negligence or any willful or malicious actions on the part of the City,
its officers, agents, employees or contractors.
16.75.240 Performance and construction surety.
Before a permit or franchise granted pursuant to this chapter is effective, and as necessary
thereafter, the permittee or franchisee shall provide and deposit such moneys, bonds, letters of
credit or other instruments in form and substance acceptable to the city as may be required by
this chapter or by an applicable permit or franchise agreement.
16.75.250 Security fund.
Each permittee or franchisee shall establish a permanent security fund with the city by
depositing the amount of fifty thousand dollars with the city in cash, an unconditional letter of
credit, or other instrument acceptable to the city, which fund shall be maintained at the sole
expense of the permittee or franchisee so long as any of the permittee or franchisee's cable or
telecommunications facilities are located within the public ways of the city.
(1) The fund shall serve as security for the full and complete performance of this chapter,
including any costs, expenses, damages or loss the city pays or incurs, including civil penalties,
because of any failure attributable to the permittee or franchisee to comply with the codes,
ordinances, rules, regulations or permits of the city.
(2) Before any sums are withdrawn from the security fund, the city shall give written notice to
the permittee or franchisee:
(A) Describing the act, default or failure to be remedied, or the damages, cost or expenses
which the city has incurred by reason of permittee or franchisee's act or default;
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(B) Providing a reasonable opportunity for permittee or franchisee to first remedy the existing
or ongoing default or failure, if applicable;
(C) Providing a reasonable opportunity for permittee or franchisee to pay any moneys due the
city before the city withdraws the amount thereof from the security fund, if applicable;
(D) That the permittee or franchisee will be given an opportunity to review the act, default or
failure described in the notice with the responsible official or his or her designee.
(3) Grantees shall replenish the security fund within fourteen days after written notice from the
City that there is a deficiency in the amount of the fund.
16.75.260 Restoration bond.
Unless otherwise provided in an authorization, franchise, or lease agreement, a
performance bond written by a corporate surety acceptable to the city equal to at least one
hundred fifteen percent of the estimated cost of removing the grantee, franchisee, or lessee's
telecommunications equipment and facilities and restoring the public ways of the city and/or
city-owned property to its pre-construction condition shall be deposited before any construction
is commenced. Said bond shall be required to remain in full force until sixty days after
completion of construction and/or improvements within the public ways of the city or upon city-
owned property, and shall warrant all such restoration work for a period of one year. The purpose
of this bond is to guarantee removal of partially completed and/or nonconforming
telecommunications facilities and to fully restore the public ways of the city and city-owned
property to its preconstruction condition.
16.75.270 Construction and completion.
Unless otherwise provided in a permit or franchise agreement, a performance bond
written by a corporate surety acceptable to the city equal to at least one hundred percent of the
estimated cost of constructing the permittee or franchisee's cable or telecommunications facilities
within the public ways of the city shall be deposited before construction is commenced.
(1) The construction bond shall remain in force until sixty days after substantial completion of
the work, as determined by the city public works director, including restoration of public ways
and other property affected by construction.
(2) The construction bond shall guarantee, to the satisfaction of the city:
(A) Timely completion of construction;
(B) Construction in compliance with applicable plans, permits, technical codes and standards;
(C) Proper location of the facilities as specified by the city;
(D) Restoration of the public ways and other property affected by the construction;
(E) The submission of as-built drawings after completion of the work as required by this
chapter.
(F) Timely payment and satisfaction of all claims, demands or liens for labor, material or
services provided in connection with the work.
16.75.280 Coordination of construction activities.
Notwithstanding Section 16.75.270, all permittees and franchisees are required to
cooperate with the city and with each other.
(1) By February 1st of each year, permittees and franchisees shall provide the city with a
schedule of their proposed construction activities in, around, or that may affect the public ways.
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(2) Each permittee and franchisee shall meet with the city, other permittees and franchisees and
users of the public ways annually or as determined by the city to schedule and coordinate
construction in the public ways.
(3) All construction locations, activities and schedules shall be coordinated, as ordered by the
city public works director, to minimize public inconvenience, disruption or damages.
16.75.290 Assignments or transfers of grant.
Ownership or control of a cable or telecommunications system, license, permit, or
franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act of the grantee, by operation of law or otherwise, without the
prior written consent of the city, which consent shall not be unreasonably withheld or delayed,
except as expressed by ordinance and then only on such reasonable conditions as may be
prescribed therein.
(1) No permit, franchise, or other grant shall be assigned or transferred in any manner within
twelve months after the initial grant of the permit or franchise, unless otherwise provided in the
permit or franchise agreement.
(2) Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a
system shall be assigned or transferred before construction of the telecommunications system has
been completed.
(3) The permittee or franchisee and the proposed assignee or transferee of the grant or system
shall provide and certify the following information to the city not less than one hundred fifty
days prior to the proposed date of transfer:
(A) Complete information setting forth the nature, terms and condition of the proposed transfer
or assignment;
(B) All information required of a permit or franchise applicant pursuant to Chapters 16.72,
16.73 and 16.74 with respect to the proposed transferee or assignee;
(C) Any other information reasonably required by the city;
(D) An application fee which shall be set by the city council by resolution.
(4) No transfer shall be approved unless the assignee or transferee has the legal, technical,
financial and other requisite qualifications to own, hold and operate the cable or
telecommunications system pursuant to this chapter.
(5) Unless otherwise provided in a license or franchise agreement, the permittee or franchisee
shall reimburse the city for all direct and indirect costs and expenses reasonably incurred by the
city in considering a request to transfer or assign a permit or franchise. No approval shall be
deemed approved until all such costs and expenses have been paid.
(6) Any transfer or assignment of a permit, franchise, system or integral part of a system
without prior written approval of the city under this section or pursuant to a permit or franchise
agreement shall be void and is cause for revocation of the grant.
16.75.300 Transactions affecting control of grant.
Any transactions which singularly or collectively result in a change of fifty percent or
more of the ownership or working control of the permittee or franchisee, of the ownership or
working control of a cable or telecommunications system, of the ownership or working control
of affiliated entities having ownership or working control of the permittee or franchisee or of a
telecommunications system, or of control of the capacity or bandwidth of the permittee or
franchisee's cable or telecommunication system facilities or substantial parts thereof, shall be
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considered an assignment or transfer requiring city approval pursuant to Section 16.75.290.
Transactions between affiliated entities are not exempt from city approval. A franchisee shall
promptly notify the city prior any proposed change in, or transfer, or acquisition by any other
party of control of a franchisee's company. Every change, transfer, or acquisition of control of a
franchisee's company shall cause a review of the proposed transfer. In the event that the city
adopts a resolution denying its consent and such change, transfer or acquisition of control has
been effected, the city may cancel the franchise. Approval shall not be required for mortgaging
purposes or if said transfer is from a franchisee to another person or entity controlling, controlled
by, or under common control with a franchisee.
16.75.310 Revocation or termination of grant.
A permit or franchise granted by the city to use or occupy public ways of the city may be
revoked for the following reasons:
(1) Construction or operation in the city or in the public ways of the city without a permit or
franchise grant authorization.
(2) Construction or operation at an unauthorized location.
(3) Unauthorized substantial transfer of control of permittee or franchisee.
(4) Unauthorized assignment of a permit or franchise.
(5) Unauthorized sale, assignment or transfer of a permittee or franchisee's franchise, permit,
assets, or a substantial interest therein.
(6) Misrepresentation or lack of candor by or on behalf of a permittee or franchisee in any
application or written or oral statement upon which the city relies in making the decision to
grant, review or amend any permit or franchise pursuant to this chapter.
(7) Abandonment of cable or telecommunications facilities in the public ways.
(8) Failure to relocate or remove facilities as required in this chapter.
(9) Failure to pay taxes, compensation, fees or costs when and as due the city.
(10) Insolvency or bankruptcy of the permittee or franchisee.
(11) Violation of any material provision of this chapter.
(12) Violation of the material terms of a permit or franchise agreement.
16.75.320 Notice and duty to cure.
In the event that the responsible official believes that grounds exist for revocation of a
permit or franchise, he or she shall give the permittee or franchisee written notice of the apparent
violation or noncompliance, providing a short and concise statement of the nature and general
facts of the violation or noncompliance, and providing the permittee or franchisee a reasonable
period of time not exceeding thirty days to furnish evidence:
(1) That corrective action has been, or is being actively and expeditiously pursued, to remedy
the violation or noncompliance.
(2) That rebuts the alleged violation or noncompliance.
(3) That is or would be in the public interest to impose some penalty or sanction less than
revocation.
16.75.330 Hearing.
In the event that a permittee or franchisee fails to provide evidence reasonably
satisfactory to the responsible official as provided in Section 16.75.310, the responsible official
shall refer the apparent violation or noncompliance to the city council. The city council shall
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provide the permittee or franchisee with notice and a reasonable opportunity to be heard
concerning the matter.
16.75.340 Standards for revocation or lesser sanctions.
If the city council determines that a permittee or franchise wilfully violated or failed to
comply with any the provisions of this chapter or a permit or franchise granted under this
chapter, or through wilful misconduct or gross negligence failed to heed or comply with any
notice given the permittee or franchisee by the city under the provisions of this chapter, then the
permittee or franchisee shall, at the election of the city council, forfeit all rights conferred
hereunder and the permit or franchise may be revoked or annulled by the city council. The city
council may elect, in lieu of the above and without any prejudice to any of its other legal rights
and remedies, to pursue other remedies, including obtaining an order from the superior court
having jurisdiction compelling the permittee or franchisee to comply with the provisions of this
chapter and any permit or franchise granted hereunder, and to recover damages and costs
incurred by the city by reason of the permittee or franchisee's failure to comply. The city council
shall utilize the following factors in analyzing the nature, circumstances, extent and gravity of
the violation and in making its determination under this section:
(1) Whether the misconduct was egregious.
(2) Whether substantial harm resulted.
(3) Whether the violation was intentional.
(4) Whether there is a history of prior violations of the same or other requirements.
(5) Whether there is a history of overall compliance.
(6) Whether the violation was voluntarily disclosed, admitted or cured.
16.75.350 Incorporation by reference.
The provisions of this chapter shall be incorporated by reference in any permit or
franchise approved hereunder. The provisions of any proposal submitted and accepted by the city
shall be incorporated by reference in the applicable permit or franchise, however, in the event of
any conflict between the proposal, this chapter, and the permit or franchise, the permit or
franchise shall be the prevailing document.
16.75.360 Notice of entry on private property.
At least twenty-four hours prior to entering private property or streets or public
easements adjacent to or on such private property to perform new construction or reconstruction,
a notice indicating the nature and location of the work to be performed shall be physically posted
upon the affected property by the permittee or franchisee. A door hanger may be used to comply
with the notice and posting requirements of this section. A franchisee shall make a good faith
effort to comply with the property owner/resident's preferences, if any, on location or placement
of underground installations (excluding aerial cable lines utilizing existing poles and existing
cable paths), consistent with sound engineering practices.
16.75.370 Safety requirements.
A permittee or franchisee, in accordance with applicable national, state and local safety
requirements shall, at all times, employ ordinary care and shall install and maintain and use
commonly accepted methods and devices for preventing failures and accidents which are likely
to cause damage, injury, or nuisance to the public. All structures and all lines, equipment and
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connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of
a permit or franchise area, wherever situated or located, shall at all times be kept and maintained
in a safe, suitable condition, and in good order and repair. The city reserves the general right to
see that the system of a permittee or franchisee is constructed and maintained in a safe condition.
If a violation of the National Electrical Safety Code or other applicable regulation is found to
exist by the city, the city will, after discussions with a permittee or franchisee, establish a
reasonable time for a franchisee to make necessary repairs. If the repairs are not made within the
established time frame, the city may make the repairs itself or have them made and collect all
reasonable costs thereof from a permittee or franchisee.
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Chapter 16.76 CONSTRUCTION STANDARDS FOR CABLE
AND TELECOMMUNICATIONS FACILITIES
Sections:
16.76.010 General construction standards.
16.76.020 Construction codes.
16.76.030 Construction approval.
16.76.040 Construction approval.
16.76.050 Engineer's certification.
16.76.060 Traffic control plan.
16.76.070 Issuance of approval.
16.76.080 Construction schedule.
16.76.090 Compliance.
16.76.100 Display of approval.
16.76.110 Survey of underground facilities.
16.76.120 Noncomplying work.
16.76.130 Completion of construction.
16.76.140 As-built drawings.
16.76.150 Restoration of improvements.
16.76.160 Landscape restoration.
16.76.170 Construction surety.
16.76.180 Exceptions.
16.76.190 Responsibilities of the owner.
16.76.010 General construction standards.
No person shall commence or continue with the construction, installation or operation of
cable or telecommunications facilities within the city except as provided in this chapter.
16.76.020 Construction codes.
Cable and telecommunications facilities shall be constructed, installed, operated and
maintained in accordance with all applicable federal, state and local codes, rules and regulations.
16.76.030 Construction approval.
No person shall construct or install any cable or telecommunications facilities within the
city without first obtaining a construction approval therefore, provided, however:
(1) No approval shall be given for the construction or installation of cable or
telecommunications facilities within the city unless the cable operator or telecommunications
carrier has filed an application for a master land use permit with the city pursuant to Chapter
16.71.
(2) No approval shall be issued for the construction or installation of telecommunications
facilities in the public ways unless the cable operator or telecommunications carrier has applied
for and received a permit or franchise pursuant to this chapter.
(3) No approval shall be issued for the construction or installation of cable or
telecommunications facilities without payment of the construction permit fee established by a
resolution adopted by the city council for this purpose.
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16.76.040 Construction approval.
Approval to construct cable or telecommunications facilities shall require information
and drawings in sufficient detail to demonstrate;
(1) That the facilities will be constructed in accordance with all applicable codes, rules and
regulations.
(2) The locations and route of all facilities to be installed on existing utility poles.
(3) The location and route of all facilities to be located under the surface of the ground,
including the line and grade proposed for the burial at all points along the route which are within
the public ways.
(4) The location of all existing underground utilities, conduits, ducts, pipes, mains and
installations which are within the public ways along the underground route proposed by the
applicant.
(5) The location of all other facilities to be constructed within the city, but not within the public
ways.
(6) The construction methods to be employed for protection of existing structures, fixtures, and
facilities within or adjacent to the public ways.
(7) The location, dimension and types of all trees within or adjacent to the public ways along
the route proposed by the applicant, together with a landscape plan for protecting, trimming,
removing, replacing and restoring any trees or areas to be disturbed during construction.
16.76.050 Engineer's certification.
All information and drawings shall be accompanied by the certification of a registered
professional engineer that the drawings, plans and specifications submitted with the application
comply with applicable technical codes, rules and regulations.
16.76.060 Traffic control plan.
All proposals to work on, in, under, across or along any public ways shall be
accompanied by a traffic control plan demonstrating the protective measures and devices that
will be employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury
or damage to persons or property and to minimize disruptions to efficient pedestrian and
vehicular traffic.
16.76.070 Issuance of approval.
Within forty-five days after submission of all plans and documents required of the
applicant and payment of the permit fees required by this chapter, the city's public works
director, if satisfied that the applications, plans and documents comply with all requirements of
this chapter, shall approve construction drawings and information authorizing construction of the
facilities, subject to such further conditions, restrictions or regulations affecting the time, place
and manner of performing the work as he may deem necessary or appropriate.
16.76.080 Construction schedule.
The permittee shall submit a written construction schedule to the city public works
director ten working days before commencing any work in or about the public ways. The
applicant shall further notify the city public works director not less than two working days in
advance of any excavation or work in the public ways.
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16.76.090 Compliance.
All construction practices and activities shall be in accordance with the approved final
plans and specifications for the facilities. The city public works director and his or her
representatives shall be provided access to the work and such further information as he or she
may require to ensure compliance with such requirements.
16.76.100 Display of approval.
The permittee shall maintain a copy of the construction approval and approved plans at
the construction site, which shall be displayed and made available for inspection by the city
public works director or his or her representatives at all times when construction work is
occurring.
16.76.110 Survey of underground facilities.
If the construction permit specifies the location of facilities by depth, line, grade,
proximity to other facilities or other standard, the permittee shall cause the location of such
facilities to be verified by a state-registered land surveyor. The permittee shall relocate any
faculties which are not located in compliance with permit requirements.
16.76.120 Noncomplying work.
Upon order of the city public works director, all work which does not comply with the
approval, the approved plans and specifications for the work, or the requirements of this chapter,
shall be removed.
16.76.130 Completion of construction.
The permittee shall promptly complete all construction activities so as to minimize
disruption of the public and other ways and other public and private property. All construction
work authorized by a permit within public and other ways, including restoration, must be
completed within one hundred twenty days of the date of issuance.
16.76.140 As-built drawings.
Within sixty days after completion of construction, the permittee shall furnish the city
with two complete sets of plans, drawn to scale and certified to the city as accurately depicting
the location of all cable or telecommunications facilities constructed pursuant to the permit.
16.76.150 Restoration of improvements.
Upon completion of any construction work, the permittee shall promptly repair any and
all public and private property improvements, fixtures, structures and facilities in the public or
other ways or otherwise damaged during the course of construction, restoring the same as nearly
as practicable to its condition before the start of construction.
16.76.160 Landscape restoration.
(a) All trees, landscaping and grounds removed, damaged or disturbed as a result of the
construction, installation, maintenance, repair or replacement of cable or telecommunications
facilities, whether such work is done pursuant to a franchise or permit shall be replaced or
restored as nearly as may be practicable, to the condition existing prior to performance of work.
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This work shall be done in accordance with the city Unified Development Code where
applicable.
(b) All restoration work within the public ways shall be done in accordance with landscape
plans approved by the responsible official.
16.76.170 Construction surety.
Prior to issuance of a construction permit, the permittee shall provide a performance
bond, as provided in Section 16.75.260.
16.76.180 Exceptions.
Unless otherwise provided in a permit or franchise agreement, all cable operations and
telecommunications carriers are subject to the requirements of this chapter.
16.76.190 Responsibilities of the owner.
The owner of the facilities to be constructed and, if different, the permittee or franchisee,
are responsible for performance of and compliance with all provisions of this chapter.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP ITEM #7
ATTACHMENT F
COUNCIL MEETING DATE:
June 14, 2010
SUBJECT:
Proposed dog licensing fees
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Proposed Dog Licensing Fees Memo
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
As part of the adoption of the City’s fee schedule, completed at the March 1, 2010 Council
meeting, City Council had significant discussion about dog licensing fees. Dog licensing fees
were removed from the fee resolution and reviewed with the Council on March 8. Council
requested additional information at the May 24th Council Workshop. Council is requested to
review the proposed licensing fees again in light of the additional information provided.
Staff is recommending that the City Council adopt the proposed dog licensing fees included in
the staff memo of 6/8/10.
HISTORY:
The City’s dog licensing fees have not changed in over ten years.
ALTERNATIVES:
RECOMMENDED MOTION:
Council is requested to provide direction to staff on what fees should be charged for dog
licenses.
1 Dog Licensing
6-8-10
Dog Licensing
The licensing fees generated add a small amount to the City funds directed to Animal Care &
Control. The tag mainly assists in returning a dog to its rightful owner, should it become lost. In
2009, our animal control expenses totaled over $25,500. This amount should be reduced
substantially with our new contract with the Humane Society of Skagit County.
Cost to the Finance Department to administer the dog licensing program is about $1,500. This
includes issuing licenses, maintaining the database, and mailing out annual notices.
In 2009, there were 85 lifetime licenses issued and 46 annual unaltered licenses issued. There
were no replacement tags issued and no penalties charged.
CITY OF ARLINGTON
EXISTING DOG LICENSING FEES
License Fee ($)
Annual License $ 5 male unaltered
$ 10 female unaltered
Lifetime License $ 2 altered
Late Fee $5
Replacement Tag $1.50
City staff reviewed Snohomish County licensing fees as well as the AWC Tax & User Fee
Survey for 2008 to determine what other jurisdictions in the state are charging for similar
services. Staff is proposing the following fee schedule for dog licensing, based on the review of
charges assessed by other jurisdictions and the additional information requested by Council.
CITY OF ARLINGTON
PROPOSED ANNUAL DOG LICENSING FEES
License Fee ($)
Dog - unaltered $ 40 20
Dog – altered $ 20 10
Dog – altered (senior citizen owner) $ 15 5
Dog – altered & micro-chipped $ 10 5
Replacement Tag fee $ 5
Late Fee – for failure to purchase annual
license before March 1
$ 20 10
Per RCW 49.60.380, the City of Arlington shall honor a request by a blind person or hearing
impaired person not to be charged a fee to license his or her dog guide, or a request by a
physically disabled person not to be charged a fee to license his or her service animal.
All dogs require proof of current Rabies vaccination to be licensed.
Proof is also required for alteration and micro-chip to be eligible for the reduced fee.
2 Dog Licensing
6-8-10
IMPACT OF INCREASED FEES FOR DOG LICENSING
Under the existing dog licensing fee schedule, he City expects to collect $350 in 2010. With our
new animal sheltering services contract with the Humane Society of Skagit County, our
estimated cost will be $7,125 for 2010 (down from $25,000). Our existing dog licensing fee
covers just 5% toward this amount. This does not allow us to recoup the cost of the tags, the cost
of providing and searching the database if a lost dog is located, or the administrative staff time to
prepare and mail the annual notices.
The City on average renews 150 licenses per year. With the new fee schedule, we would project
to collect approximately $2,000 if we issued the same amount of licenses. The proposed fees
recoup the costs incurred by the Finance department to administer the dog licensing program.
What this does NOT recover are any costs (officer time) associated with animal pick-ups, strays
or licensed, and what the City will be charged by the Humane Society for sheltering services.