HomeMy WebLinkAbout07-12-10 Council Workshop
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coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WILL BE TAKEN
1. (15 min) 6 Year TIP ATTACHMENT A
2. (10 min) IMCO Change Order # 7 for construction of ATTACHMENT B
Stormwater Wetland
3. (15 min) Council Chambers Audio/Video Discussion ATTACHMENT C
4. (10 min) Traffic Violations Bureau ILA ATTACHMENT D
5. (10 min) AMC Title 17 ATTACHMENT E
6. (5 min) AMC Title 21 ATTACHMENT F
7. (10 min) Approval to apply for grants
a. TDR Grant ATTACHMENT G
b. Recreation Conservation Grant ATTACHMENT H
8. (10 min) 10% Annexation Petition for Jim Thompson ATTACHMENT I
9. Miscellaneous Council items
ADJOURNMENT
To download all attachments, click here
Arlington City Council Workshop
July 12, 2010 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT A
COUNCIL WORKSHOP DATE:
July 12, 2010
SUBJECT:
Six Year Transportation Improvement Plan
2011-2016
DEPARTMENT OF ORIGIN:
Public Works - James Kelly
ATTACHMENTS:
• TIP spreadsheet will be distributed at the workshop
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY N/A
LEGAL REVIEW: N/A
DESCRIPTION: Council will be provided a revised spreadsheet for the update to the Six Year
Transportation Improvement Plan for review and discussion. A Public Hearing has been
scheduled for the July 19th, 2010 meeting.
HISTORY: The State of Washington requires the cities, pursuant to one or more public hearings,
to prepare and adopt a six-year comprehensive transportation program (RCW 35.77.010). Then, on
an annual basis, every city is required to review the work accomplished under the program during
the previous year, determine the transportation needs for the coming year, and update the six-year
transportation program. After public hearing on the updated six-year plan, cities must adopt the
updated six-year plan.
Once adopted the plan is sent to the Washington State Department of Transportation and the
Puget Sound Regional Council and compiled with other agency’s information as a tool for
statewide planning.
ALTERNATIVES:
• N/A – no action at this time.
RECOMMENDED ACTION:
No action at this time –Discussion only. Public Hearing is scheduled for July 19, 2010.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT B
COUNCIL WORKSHOP DATE:
July 12, 2010
SUBJECT: IMCO General Contractors –
Change Order No. 7 – Construction of
Stormwater Wetland
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Handout at workshop
EXPENDITURES REQUESTED: Estimate: $1,100,000.00
BUDGET CATEGORY: - WWTP Project (Fund 408), $730,000
- SW CIP Fund (Fund 409) $370,000 through
DOE Grant
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION: Change Order No. 7 to the IMCO WWTP Upgrade and Expansion construction
contract for construction of the Stormwater Wetland.
HISTORY: During the planning phase of the WWTP Expansion & Upgrade, the City and
Department of Ecology agreed that diverting reclaimed water to the proposed stormwater
wetland was an “adaptive management” approach to mitigating effluent temperature and
oxygen concerns during the Stillaguamish River low flow period. The City has obtained a
$519,000 grant from the Department of Ecology for the construction of the Stormwater wetland,
these funds have allowed for the planning, design and permitting of the stormwater wetland.
Since the Stormwater Wetland is designed and substantially permitted – and because it has been
identified as a part of the wastewater treatment system – contracting this work to IMCO without
public bid is not contrary to the Washington State Bid Laws.
ALTERNATIVES:
• Do not approve the change order, renegotiate work.
RECOMMENDED ACTION:
Discussion only - no action is being requested.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT C
COUNCIL MEETING DATE:
June 12, 2010
SUBJECT:
The discussion what is happening with the
equipment, and where we want to go next.
DEPARTMENT OF ORIGIN:
CONTACT: Bryan Terry, IT 403-4610
ATTACHMENTS:
EXPENDITURES REQUESTED: $0
BUDGET CATEGORY: To be determined
LEGAL REVIEW: No review
DESCRIPTION: The audio/video system has been producing poor quality for council recordings. I
would like to discuss what the sound engineer from Avidex suggests in regards to controlling the levels.
The projector that produces the image on the South wall is going bad. I would like to discuss the options
and how to proceed.
HISTORY: Audio/Video System was installed in 2005, and gets used for a variety of events. It has
historically had issues.
ALTERNATIVES:
1. Table for additional review
2. Do nothing
RECOMMENDED ACTION:.
There is no action requested at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT D
COUNCIL MEETING DATE:
July 12, 2010
SUBJECT:
Interlocal Agreement with Marysville Court
DEPARTMENT OF ORIGIN:
Police; Robert Sullenberger, 360-403-3400
ATTACHMENTS:
TVB Agreement
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Police; Court Filing Fees
LEGAL REVIEW: Approved
DESCRIPTION:
This agreement will give the City of Arlington the ability to directly access the Judicial
Information System to process traffic infractions issued by the Arlington Police.
HISTORY:
Prior to 2010, all traffic infractions were processed manually through the Arlington TVB.
Violators who wish not to contest their infraction could pay the fine at the Arlington TVB;
however after 15 days from the date of issuance, the infraction is transferred to the Marysville
Court. Starting in 2010, Arlington Police began moving towards an electronic ticketing format
which sends the ticketing information electronically to Marysville Court. By giving the
Arlington TVB access to this electronic information, citizens would still have the ability to pay
their fine at the Arlington TVB instead of traveling to Marysville.
Additionally there is a $45 filing fee per infraction assessed by the Marysville Court, to process
each infraction filed with Marysville Court. This filing fee is not assessed if the violator pays
the fine within 15 days of issuance. Through the use of electronic ticketing annual printing
costs of the infractions would also be reduced.
ALTERNATIVES:
Continue issuing paper infractions at current printing costs and fees.
RECOMMENDED ACTION:
No action at this time. Council will be requested to authorize the Mayor to sign the Interlocal Agreement
at the July 19, 2010 Council meeting.
Model TVB ICA Page 1 of 5
AGREEMENT APPROVING THE OPERATION OF A
TRAFFIC VIOLATION BUREAU
THIS AGREEMENT is entered into by and between the Marysville Municipal Court (Court) and
City of Arlington (City).
THE PURPOSE OF THIS AGREEMENT is to establish conditions permitting the City to
operate, under the supervision of the Court, a Traffic Violations Bureau (Bureau) established
pursuant to RCW 3.30.090. A Traffic Violation Bureau is established to assist the Municipal Court
in the processing of civil infraction cases by performing Court functions. Accordingly, the
constitutional doctrine of Separation of Powers and the public trust and confidence in the judiciary
must be paramount in the performance of the agreement.
THEREFORE, IT IS MUTUALLY AGREED THAT:
1. Bureau Staffing. All Bureau employees are employees of the City and are not
employees of the Court.
2. Siting of the Bureau Facilities. Bureau facilities shall be designed to preserve the
integrity and confidentiality of court records and the independence of the judiciary. Non-
Bureau employees must not work in locations where it is possible to view confidential,
sealed, or otherwise restricted information on computer terminals or in paper files. The
presiding Judge or their designee shall approve the siting of Bureau facilities.
3. Judicial Information System (JIS). The Bureau is subject to Judicial Information
System (JIS) rules and policies, including the security policies in Section 4 of the JIS General
Policies. Only employees of the Bureau may use the JIS access granted to the Bureau. Users
may access the JIS for violations bureau business purposes only and not for personal purposes or
for the business of other agencies. Access to confidential information shall be granted only upon
the approval of the Presiding Judge of the Court. Any person accessing court records,
including citation or infraction records filed in the Bureau, must sign a confidentiality
agreement (Appendix A). It is the responsibility of the City to provide JIS training for all
Bureau employees. Consequences of permitting non-Bureau employees to access court records
and court data systems may include termination of the Bureau's access to the JIS and possible civil
liability for the city.
4. Scope of Activities. The Bureau is authorized to perform the following activities:
a. The Bureau may receive for filing all infractions issued under the City’s Municipal
Code and/or State and County laws adopted by Municipal Code. Infractions may
be retained for fifteen (15) days after their issuance.
b. During that fifteen (15) day period, the Bureau may:
i. Receive payment in full for infractions issued.
Model TVB ICA Page 2 of 5
ii. Receive payment of $25.00 for a violation of RCW 46.30.020 and dismiss the
citation issued for No Insurance where proof of insurance at the time of the
violation is provided to the Bureau.
iii. The Bureau shall issue a receipt for all payments received.
c. The Bureau shall promptly file with the Municipal Court all infractions for which a
hearing request has been received. All infractions not paid under Section 4(b)
within the fifteen (15) time period shall promptly be filed with the Municipal
Court.
d. Bureau employees shall not dismiss or mitigate any infractions other than set forth
in Section 4(b)(ii).
e. The Bureau shall comply with State law regarding the distribution of revenue
received.
5. Reporting. The Bureau must provide a monthly report to the Court on its activities,
including but not limited to infractions filed, infractions paid, hearings requested, and distribution of
monies received. The Court will audit the Bureau annually.
6. Period of Performance. Subject to its other provisions, the period of performance of
this Agreement shall commence on __________________ and will expire on _________________.
7. Payment. This Agreement requires no compensation or reimbursement.
8. Agreement Alterations and Amendments. This Agreement may be amended by
mutual agreement of the parties. Such amendments shall be in writing and signed by personnel
authorized to bind each of the parties.
9. Termination. This Agreement may be terminated at any time by the Court.
Termination of this agreement may require additional Court personel to process the increased
infraction volume. Accordingly, the parties agree that termination by the City requires 180 days
notice to the Court. Notice of termination shall be written.
10. Disputes. In the event that a dispute arises under this Agreement, it shall be referred to
the Presiding Judge of the Court for resolution.
11. Governance. This Agreement is entered into pursuant to and under the authority
granted by the laws of the State of Washington and any applicable federal laws. The provisions of
this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the
terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency
shall be resolved by giving precedence to applicable state and federal statutes and rules.
Model TVB ICA Page 3 of 5
12. Assignment. The work to be provided under this Agreement is not assignable or
delegable by either party in whole or in part.
13. Waiver. A failure by either party to exercise its rights under this Agreement shall not
preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any
other rights under this Agreement unless stated to be such in a writing signed by an authorized
representative of the party and attached to the original Agreement.
14. Severability. If any provision of this Agreement or any provision of any document
incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions
of this Agreement which can be given effect without the invalid provision, if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this agreement, and
to this end the provisions of this Agreement are declared to be severable.
15. All Writings Contained Herein. This Agreement contains all the terms and conditions
agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter
of this Agreement shall be deemed to exist or to bind any of the parties hereto.
16. Contract Management. The following individuals shall be responsible for and shall
be the contact person for all communications and billings regarding the performance of this
Agreement.
Marysville Municipal Court City of Arlington
Marysville Municipal Court
Fred Gillings, Presiding Judge
1015 State Ave
Marysville, WA 98270
City of Arlington
Margaret Larson, Mayor
110 E 3rd Street
Arlington, WA 98223
IN WITNESS WHEREOF, the parties have executed this Agreement.
Marysville Municipal Court City of Arlington
_
Signature Signature
_
Printed Name Printed Name
_
Title Date Title Date
Model TVB ICA Page 4 of 5
Appendix A
Confidentiality Agreement
As a court employee, I understand that I may have access to confidential information and records in files
and databases such as court case files, the Judicial Information System, and databases of other
organizations. By signing this statement, I affirm my understanding of my responsibilities to maintain
confidentiality and agree to the following:
1. I understand that court case files and automated databases contain confidential, as well as public,
information.
2. I understand that I may access, read or handle confidential records to the extent required in, and
for the purpose of, performing my assigned duties as an employee of the court.
3. I agree not to divulge, publish, or otherwise make known to unauthorized persons or to the public
any confidential information obtained in the course of my employment with the Court. I
understand that:
a. I may divulge confidential information to judicial officers and authorized court employees as
necessary to perform my job duties.
b. I may divulge confidential information to others only if specifically authorized to do so by
statute, court rule, judicial policy, or court order.
c. Maintaining confidentiality includes not discussing confidential information outside of the
workplace, or outside of my usual work area.
d. After I leave the employment of the court, I may not divulge confidential information
obtained during the course of my employment.
4. I agree to consult my supervisor on any questions I may have concerning whether particular
information may be disclosed.
5. I understand that a breach of confidentiality may be grounds for disciplinary or legal action,
and may include termination of employment.
6. I agree to notify my supervisor immediately should I become aware of an actual breach of
confidentiality or a situation which could potentially result in a breach, whether this be on my
part or on the part of another person.
___________________________ ________________ __________________________
Signature Date Printed Name
Authorization Of Access To Confidential Information
____________________________ is authorized access to confidential information and records.
___________________________ ________________ __________________________
Signature of Presiding Judge Date Printed Name
Model TVB ICA Page 5 of 5
RCW 3.30.090 Violations bureau.
A violations bureau may be established by any city or district court having jurisdiction of traffic
cases to assist in processing traffic cases. As designated by written order of the court having
jurisdiction of traffic cases, specific offenses under city ordinance, county resolution, or state law
may be processed by such bureau. Such bureau may be authorized to receive the posting of bail
for such specified offenses, and, as authorized by the court order, to accept forfeiture of bail and
payment of monetary penalties. The court order shall specify the amount of bail to be posted and
shall also specify the circumstances or conditions which will require an appearance before the
court. Such bureau, upon accepting the prescribed bail, shall issue a receipt to the alleged
violator, which receipt shall bear a legend informing him of the legal consequences of bail
forfeiture. The bureau shall transfer daily to the clerk of the proper department of the court all
bail posted for offenses where forfeiture is not authorized by the court order, as well as copies of
all receipts. All forfeitures or penalties paid to a violations bureau for violations of municipal
ordinances shall be placed in the city general fund or such other fund as may be prescribed by
ordinance. All forfeitures or penalties paid to a violations bureau for violations of state laws or
county resolutions shall be remitted at least monthly to the county treasurer for deposit in the
current expense fund. Employees of violations bureaus of a city shall be city employees under
any applicable municipal civil service system.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT E
COUNCIL MEETING DATE:
July 12, 2010
SUBJECT:
Update of Arlington Municipal Code – Title 17
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Strikeout version of Title 17 – Mobile Home Park Standards and Regulations
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is complete
DESCRIPTION:
Arlington Municipal Code Title 17 provides standards and regulations for mobile home parks.
All the regulations contained in Title 17 have now been incorporated into Title 16 (Building
Codes) and Title 20 (Land Use Code).
Staff is recommending that AMC Title 17 be repealed in its entirety.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website. Title 17 was adopted in 1989 and has not been revised since
that time.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
Title 17 MOBILE HOMES
Chapters:
17.01 Mobile Home Park Standards and Regulations
Chapter 17.01 MOBILE HOME PARK STANDARDS AND
REGULATIONS
Sections:
17.01.010 Purpose.
17.01.020 Definitions.
17.01.030 Mobile home parks--Establishment.
17.01.040 Mobile home parks--Performance regulation.
17.01.010 Purpose.
The purpose of this chapter is to establish standards for the location and development of mobile
home parks. Such standards are necessary to insure the development of well-planned mobile
home facilities and to insure the compatibility of such facilities with adjacent existing and
planned uses.
17.01.020 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words
and phrases defined in this section shall have the indicated meanings.
(1) "Accessory building" means a building which is sub-ordinate to the main building,
and is incidental to the use of the main building on the same site.
(2) "Approved preliminary site plan" means the preliminary site plan as approved by the
planning commission and city council.
(3) "Mobile home" means a factory-constructed residential unit on one or more chassis
for towing to the point of use and designed to be installed per WAC Chapter 296-150B,
with all wheels, tongues and axles removed. A commercial coach, recreational vehicle,
and motor home shall not be considered a mobile home.
(4) "Mobile home park" means a tract of land under single ownership or control,
including ownership by a condominium association, upon which two or more mobile
homes occupied as dwellings may be located.
(5) "Mobile home site" means a plot of ground within a mobile home park designated to
accommodate one mobile home.
(6) "Recreational vehicle" means a vehicle or portable structure built on a chassis and
designed to be used for temporary occupancy or travel, recreational or vacation use, and
does not meet HUD standards for mobile homes. Recreational vehicles shall include, but
are not limited to, campers, motorhomes and travel trailers.
(7) "Service building" means a stick built structure on a permanent foundation, built to
UBC specifications, to be used by all residents of the mobile home park. These may
include, but are not limited to, clubhouse, laundry facilities and similar structures.
17.01.030 Mobile home parks--Establishment.
Where permitted, mobile home parks shall meet the following minimum requirements:
(1) Mobile home parks shall be permitted only upon the approval of a planned area
development pursuant to the procedures of Chapter 19 of the Arlington Municipal
Code. Plans and documents submitted as a part of the planned area development
application, pursuant to Section 19.20, shall show compliance with the minimum
performance regulations established by this chapter. The planning commission and
city council may impose such other specific performance standards as deemed
necessary, on a case-by-case basis, to assure the compatibility of the proposed
mobile home park with adjacent existing and planned uses:
(2) Mobile home park site size and density shall be governed by the following:
(A) Minimum site size: Five acres;
(B) Maximum allowable density: Up to seven dwelling units per acre;
(C) Site coverage: All buildings including any open space areas used to provide
parking space or private outdoor recreational uses, shall not cover more than
forty-five percent of the site area;
(D) The maximum number of units allowed in a mobile home park, or
combination of adjacent parks, shall be one hundred seventy-five units. Parks
shall be considered to be "adjacent" to one another unless they are separated by
unrelated land use, and not merely by a public or private street, easement or buffer
strip.
(3) Compliance with the standards established herein and approval of a planned area
development precludes the necessity to plat within any mobile home park; provided that
said park remains completely under single ownership.
(4) Any applicant shall submit along with the application, plans, drawings and other
information sufficient to enable the planning department to determine whether the mobile
home park complies with the performance regulations contained in Section 17.01.040 of
this title. If the planning department determines that the submittals are inadequate for
such purposes, the submittals, together with an explanation of the deficiencies, shall be
returned to the applicant. The planning department reserves the right to cease further
processing of the application until such time as all identified deficiencies have been
corrected by the applicant. All plans shall be drawn up by a registered architect or
engineer. The submittals shall include the following:
(A) Overall site development plan showing location of all mobile home pads,
buildings and uses, areas devoted to open space and buffering, ingress and egress
points, and internal pedestrian and vehicular circulation. Such plans shall include
at least the following:
(i) Project staging and expected completion time,
(ii) Location, width and typical cross-sections of internal circulation
streets,
(iii) Dimensions and areas of the mobile home park,
(iv) Location and size of all mobile home pads,
(v) Location and size of all parking and bulk storage areas,
(vi) Location and size of all open space areas required by Section
17.01.040(8),
(vii) Existing and proposed topography at contour intervals of no more
than five feet,
(viii) Compliance with State Environmental Policy Act (SEPA),
(ix) Location of all proposed and existing water mains, valves and fire
hydrants,
(x) Location of all proposed and existing sewer mains, laterals,
manholes, pump stations and other appurtenances;
(B) Storm drainage study plans showing existing vegetation, slopes and drainage
conditions, as well as proposed alterations and drainage control devices;
(C) General landscape plans showing location of buffer strips, open spaces,
existing trees and plant materials to be preserved, proposed interior major tree
plantings, berms, and other landscape features. Detailed landscape plans must be
submitted to, and approved by, the city, prior to initial site work;
(D) Other maps, plans or documentation as deemed necessary by the city in
order to effectively evaluate the impact of the proposal.
(5) The site plan, as approved by the planning commission and the city council, shall
become the official site plan of the mobile home park, and any changes thereto, or
deviations therefrom, shall require resubmission and approval as set forth in Section
19.20.050 of this code. In order to insure development as per the approved plan, one or
more of the following may be required by the city;
(A) A performance bond or other security acceptable to the city engineer,
sufficient to cover the estimated cost of required improvements;
(B) (i) Construction or development of all, or a portion of, the improvements
shown on the official site plan prior to occupancy; provided, that any
improvements for which a bond is established, as provided in subsection 1 above,
shall not also be subject to this subsection,
(ii) Failure to comply with the requirements of the city and/or the official
site plan shall be sufficient grounds to deny final approval of the PAD,
(iii) A maintenance bond or other security acceptable to the city engineer
and securing to the city the successful operation of required improvements
for an appropriate period of time up to two years from construction and
installation shall be required upon completion of said improvements to the
satisfaction of the city engineer;
(6) Plans which are approved by the planning commission and city council may, upon
request of the property owner, be amended by the city supervisor as an administrative act.
This authority shall be limited to amendments of a minor nature which cause no increase
in intensity of use and which do not reduce performance standards below those set forth
when approved and which do no increase the detrimental impact of the park on adjoining
properties, and which do not substantially alter the design of the official site plan. The
city supervisor shall make a record of any such requested amendment, its action
thereupon, and the findings it determines to be controlling on its action; all records and
findings shall become a part of the permanent file of the subject mobile home park. No
changes in points of vehicular access to the property shall be approved without written
concurrence from the city engineer. Disagreements over amendments may be appealed by
an aggrieved party. Requested amendments, which are deemed by the city supervisor to
exceed the authority granted by this paragraph, shall be submitted to the planning
commission and city council for consideration in the manner provided in Chapter 19.20
of this code for the approval of a planned area development;
(7) In the event construction has not commenced within eighteen months after the date
of approval by the city council, the council and planning commission shall hold a public
hearing to determine whether the site plan should be modified or continued as approved.
For the purpose of this section, construction shall mean actual construction begun on
some permanent structure, utility, or facility on the site.
17.01.040 Mobile home parks--Performance regulation.
In approving a planned area development for mobile home parks, the following regulations shall
apply, except as specifically modified by the planning commission and city council pursuant to
Chapter 19.20 of this code.
(1) Evidence of Water and Sewer Facilities. The developer shall present evidence to indicate
the following:
(A) That the proposed mobile home park will be served by a fire protection system
meeting the requirements of the city fire chief and delivering a minimum flow of one
thousand gallons per minute with a base residual pressure of twenty psi. Such system
may be combined with the domestic water supply system required;
(B) That the proposed mobile home park will be immediately served by the city sanitary
sewer system and that connection to such sewers is feasible;
(C) That the proposed mobile home park will be immediately served by the city water
system and that connection to such water system is feasible.
(2) Flood Hazard. Mobile home park sites shall not be approved if the site is located within a
designated fifty-year or one-hundred-year floodplain.
(3) Circulation System.
(A) All interior mobile home park roads shall be private roads;
(B) All interior park roads shall be constructed within a right-of-way which shall be
sufficient to construct and maintain the roadway but in no case shall be less than thirty
feet in width;
(C) Park roads shall have widths and surfacing as follows:
(i) Park roads shall have a minimum paved width of twenty-four feet. One-way
roads shall have a minimum of twelve-foot travel lane and a eight-foot parking
lane. Two-way roads shall have a minimum of two ten-foot travel lanes and shall
have at least one eight-foot parking lane,
(ii) Roadway Surface. All access roadways and service drives shall have
surfacing depths as proposed by a licensed engineer and approved by the city
engineer,
(iii) Curbs and Gutters. Curbs and gutters shall be constructed on both sides of
all interior park roadways. Extruded concrete curbing may be used in lieu of
conventional curb and gutter;
(D) All cul-de-sac turnarounds shall have a minimum paved width of twenty-four feet
and shall have a minimum paved turnaround diameter of eighty feet, exclusive of any
parking lanes or areas;
(E) External Access Points. Points of ingress and egress with public rights-of-way shall
be limited to and in accordance with the city standards and approved by the city engineer.
(4) Parking Requirements.
(A) Two off-street parking spaces, located adjacent to each respective mobile home pad,
shall be provided for each unit and shall be paved;
(B) Guest parking shall be provided at the ratio of one parking space for each two
mobile home pads and shall be distributed for convenient access to all pads and may be
provided by a parking lane and/or separate parking areas. Club-house and community
building parking facilities may account for up to fifty percent of this requirement;
(C) All off-street parking spaces shall have a minimum dimension of nine feet by twenty
feet;
(D) The front and side yard setbacks for mobile home units shall not be calculated for
purposes of meeting the minimum guest parking requirements.
(5) Minimum Yard Requirements.
(A) Setbacks. All mobile homes, together with their additions and appurtenant
structures, accessory structures and other structures on the site (excluding fences, shall
observe the following setbacks:
(i) Park roads: twenty feet from centerline of right of way, but in no case less
than five feet from the paved surface edge,
(ii) Exterior site boundary, not abutting an off-site public right-of-way: not less
than fifteen feet from the property line. This setback may be increased at the
discretion of the reviewing board dependent on specific site conditions,
(iii) Exterior site boundary, abutting an off-site public right-of-way: one-half of
right-of-way plus twenty feet, measured from centerline;
(B) Structure Separations. A minimum ten-foot separation shall be maintained between
all mobile homes, together with their habitable additions, and other mobile homes. One-
hour fire resistant structures shall maintain a minimum three-foot separation from
adjacent mobile homes. Other structures shall maintain a minimum six-foot separation
between themselves and from mobile homes, except that carports may abut the unit they
use;
(C) Accessory structures and building or structures accessory to individual mobile
homes are permitted provided that the total developed coverage of the individual mobile
home space does not exceed forty-five percent;
(D) Service Buildings.
(i) Generally. Service buildings are optional. If, however, a service building is
constructed it shall be built to the Uniform Building Code (UBC) Standards and
conform to applicable city of Arlington codes pertaining to permanent structures,
(ii) Location. Service buildings shall be located not less than twenty feet from
any mobile home lot and connected to the pedestrian walkway system of the park.
(6) Storage Facilities.
(A) Outside storage of household items and equipment shall not be permitted within the
mobile home park. It shall be the responsibility of the park management to ensure
compliance with this requirement;
(B) (i) A bulk storage and parking area for boats, campers, travel trailers, etc., shall
be provided within the mobile home park. A minimum of three hundred square feet of
space, exclusive of driveways, shall be provided for every ten mobile home pads. Bulk
storage and parking areas shall be separated from all other parking facilities and shall be
provided with some means of security,
(ii) The requirements of this subsection (B) may be waived by the city planning
commission when the mobile home park developer/owner agrees to prohibit the
storage of such items within the park;
(C) Bulk storage and parking areas shall be screened from abutting public or private
rights-of-way and abutting property owners by a greenbelt meeting the requirements of
subsection (7)(E)(i).
(7) Landscaping and Buffering. Landscaping and buffering shall conform to the following
requirements:
(A) A detailed landscape plan must be submitted to and approved by the city prior to
initial site work. The city approving authority, at their discretion, may require all
landscape requirements be submitted by a licensed landscape architect;
(B) Landscaping materials shall conform to, and be installed in accordance with, the
overall site development plan. Landscaping, to meet the requirements stated herein, shall
be installed within six months of the first occupancy. Trees shall be of such species and
size at planting as would normally attain a minimum height of twenty feet in five years;
(C) Landscaping materials, as per landscape plans, shall be maintained;
(D) The city planning commission may require landscaping in combination with berms
for noise screening; and
(E) Detailed landscape plans shall show the following:
(i) Along the exterior site boundary, a minimum ten-foot-wide planting strip of
evergreen trees and/or shrubs,
(ii) Where abutting arterial streets, the planting strip shall be a minimum of
twenty feet,
(iii) Where abutting a nonarterial street, the planting strip shall be a minimum of
twenty feet wide; provided that a minimum ten-foot strip may be considered
sufficient when it can be demonstrated to the city that, with earth sculpturing and
recontouring, the development is buffered sufficiently,
(iv) Interior proposed plantings of major trees, and
(v) Those areas to be preserved in their natural state, site development shall be
sensitive to the preservation of existing vegetation.
(8) Open Space/Recreational Facilities.
(A) A minimum of twenty percent of the total area of the mobile home park site must be
designated common open space or occupied by community recreational structures. Up to
one-half of the common open space area may consist of unbuildable land upon showing
that such land can and will be utilized for specific recreational use. All common open
space areas will be accessible and usable by all residents of the park for passive or active
recreation;
(B) In calculating the twenty percent open space area the following areas shall not be
included as open space:
(i) Surfaced width of park roads,
(ii) Bulk storage, guest and unit parking areas,
(iii) A minimum ground area/unit:
a. Single wide...3,200 square feet,
b. Double wide...4,300 square feet,
c. Triple wide...5,400 square feet;
(C) At the discretion of the city approving body, the percentage of open space
requirements may be reduced if substantial and appropriate recreational facilities are
provided (i.e., community building, swimming pool, etc). However, in no case will the
percentage of common open space be less than fifty percent of the required open space.
(9) Sidewalks/Walkways. The park shall contain pedestrian walkways to and from all service
and recreational facilities. Such walkways shall be adequately surfaced and lit. A portion of the
roadway surface may be reserved for walkways, provided that the roadway width inside the curb
is widened accordingly with traffic buttons installed for separation. Walkways shall be a
minimum width of four feet.
(10) Lighting. Adequate lighting shall be provided to illuminate streets, driveways and
walkways for safe movement of pedestrians and vehicles.
(11) Utility Requirements.
(A) All utilities will be underground. All mobile home parks shall provide permanent
electrical, water and sewage disposal connections to each mobile home in accordance
with applicable state and local rules and regulations;
(B) All sewage and waste water from toilets, urinals, slop sinks, bathtubs, showers,
lavatories, laundries and all other sanitary fixtures in a park shall be drained into a public
sewage collection system;
(C) All water, sewer, electrical and communication service lines shall be underground
and shall be approved by the agency or jurisdiction providing the service. Gas shut-off
valves, meters and regulators shall not be located beneath mobile homes;
(D) All proposed solid waste containers shall have approved slabs and enclosures.
(12) Storm Drainage. Sites shall be constructed in compliance with the following storm
drainage provisions:
(A) Storm drainage control facilities shall be provided on-site;
(B) Storm drainage from the development shall not enter creeks or drainage ways in
such a manner as would cause peaks, volumes and flows to differ from those that would
occur if the developed land were left in its natural and present condition, unless approved
by the city engineer. If necessary, storm drainage from the development shall be
channelled into holding basins prior to entry into creeks or drainage ways;
(C) Precaution shall be exercised during construction to insure adequate safeguards
against erosion and water pollution;
(D) Storm drainage plans shall be reviewed and approved by the city engineer.
(13) Fire Protection. All mobile homes shall be within three hundred feet of a standard fire
hydrant.
(14) Signs. Signs and advertising devices shall be prohibited in a mobile home park except:
(A) One identifying sign at each entrance of the park which may be indirectly lit, but not
flashing. Said sign shall comply with all provisions of the Arlington Municipal Code;
(B) Directional and informational signs for the convenience of tenants and the public
relative to parking, office, traffic movement, etc.;
(C) Each mobile home park pad (lot) shall have address clearly shown, to city standards.
(15) Height. No building or structure and no accessory building or structure shall exceed a
height of thirty feet.
(16) Park Administration.
(A) The owner of a mobile home park shall be responsible for the development and
maintenance of said park in strict conformity with the approved site plan, and conditions
established by the planning commission and city council, and all applicable laws and
ordinances;
(B) A mobile home park shall have internal rules and regulations governing, at a
minimum, the following:
(i) A requirement that all tenants comply with city inspection codes at the time a
mobile home is installed or modified,
(ii) A requirement that all landscaping, buffer areas, recreational areas and
facilities, storage areas, streets, walkways and other common areas and facilities
be continuously maintained to at least the minimum standards required by the
planning commission and city council;
(C) A mobile home park shall have a resident manager who shall be the owner or agent
of the owner, with authority to communicate directly with city officials regarding
compliance with city codes and requirements, and who shall be responsible for the
enforcement of park rules and regulations.
(17) Installation Standards. The city hereby adopts, and incorporates herein by reference, all
installation standards and all inspection and enforcement rules relating to mobile homes, as now
or hereafter specified in Chapter 296-150B of the Washington Administrative Code (WAC). Said
standards relate to site preparation, foundation system footings, foundation system piers,
foundation system plates and shims, foundation facia, anchoring systems, and on-site assembly
of units. The same shall be administered and enforced by the city building department.
Title 17 MOBILE HOMES
Chapters:
17.01 Mobile Home Park Standards and Regulations REPEAL ENTIRE TITLE
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Chapter 17.01 MOBILE HOME PARK STANDARDS AND
REGULATIONS
Sections:
17.01.010 Purpose.
17.01.020 Definitions.
17.01.030 Mobile home parks--Establishment.
17.01.040 Mobile home parks--Performance regulation.
17.01.010 Purpose.
The purpose of this chapter is to establish standards for the location and development of mobile
home parks. Such standards are necessary to insure the development of well-planned mobile
home facilities and to insure the compatibility of such facilities with adjacent existing and
planned uses.
17.01.020 Definitions.
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words
and phrases defined in this section shall have the indicated meanings.
(1) "Accessory building" means a building which is sub-ordinate to the main building, and is
incidental to the use of the main building on the same site.
(2) "Approved preliminary site plan" means the preliminary site plan as approved by the
planning commission and city council.
(3) "Mobile home" means a factory-constructed residential unit on one or more chassis for
towing to the point of use and designed to be installed per WAC Chapter 296-150B, with all
wheels, tongues and axles removed. A commercial coach, recreational vehicle, and motor home
shall not be considered a mobile home.
(4) "Mobile home park" means a tract of land under single ownership or control, including
ownership by a condominium association, upon which two or more mobile homes occupied as
dwellings may be located.
(5) "Mobile home site" means a plot of ground within a mobile home park designated to
accommodate one mobile home.
(6) "Recreational vehicle" means a vehicle or portable structure built on a chassis and designed
to be used for temporary occupancy or travel, recreational or vacation use, and does not meet
HUD standards for mobile homes. Recreational vehicles shall include, but are not limited to,
campers, motorhomes and travel trailers.
(7) "Service building" means a stick built structure on a permanent foundation, built to UBC
specifications, to be used by all residents of the mobile home park. These may include, but are
not limited to, clubhouse, laundry facilities and similar structures.
17.01.030 Mobile home parks--Establishment.
Where permitted, mobile home parks shall meet the following minimum requirements:
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(1) Mobile home parks shall be permitted only upon the approval of a planned area
development pursuant to the procedures of Chapter 19 of the Arlington Municipal Code. Plans
and documents submitted as a part of the planned area development application, pursuant to
Section 19.20, shall show compliance with the minimum performance regulations established by
this chapter. The planning commission and city council may impose such other specific
performance standards as deemed necessary, on a case-by-case basis, to assure the compatibility
of the proposed mobile home park with adjacent existing and planned uses:
(2) Mobile home park site size and density shall be governed by the following:
(A) Minimum site size: Five acres;
(B) Maximum allowable density: Up to seven dwelling units per acre;
(C) Site coverage: All buildings including any open space areas used to provide parking space
or private outdoor recreational uses, shall not cover more than forty-five percent of the site area;
(D) The maximum number of units allowed in a mobile home park, or combination of adjacent
parks, shall be one hundred seventy-five units. Parks shall be considered to be "adjacent" to one
another unless they are separated by unrelated land use, and not merely by a public or private
street, easement or buffer strip.
(3) Compliance with the standards established herein and approval of a planned area
development precludes the necessity to plat within any mobile home park; provided that said
park remains completely under single ownership.
(4) Any applicant shall submit along with the application, plans, drawings and other
information sufficient to enable the planning department to determine whether the mobile home
park complies with the performance regulations contained in Section 17.01.040 of this title. If
the planning department determines that the submittals are inadequate for such purposes, the
submittals, together with an explanation of the deficiencies, shall be returned to the applicant.
The planning department reserves the right to cease further processing of the application until
such time as all identified deficiencies have been corrected by the applicant. All plans shall be
drawn up by a registered architect or engineer. The submittals shall include the following:
(A) Overall site development plan showing location of all mobile home pads, buildings and
uses, areas devoted to open space and buffering, ingress and egress points, and internal
pedestrian and vehicular circulation. Such plans shall include at least the following:
(i) Project staging and expected completion time,
(ii) Location, width and typical cross-sections of internal circulation streets,
(iii) Dimensions and areas of the mobile home park,
(iv) Location and size of all mobile home pads,
(v) Location and size of all parking and bulk storage areas,
(vi) Location and size of all open space areas required by Section 17.01.040(8),
(vii) Existing and proposed topography at contour intervals of no more than five feet,
(viii) Compliance with State Environmental Policy Act (SEPA),
(ix) Location of all proposed and existing water mains, valves and fire hydrants,
(x) Location of all proposed and existing sewer mains, laterals, manholes, pump stations and
other appurtenances;
(B) Storm drainage study plans showing existing vegetation, slopes and drainage conditions, as
well as proposed alterations and drainage control devices;
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(C) General landscape plans showing location of buffer strips, open spaces, existing trees and
plant materials to be preserved, proposed interior major tree plantings, berms, and other
landscape features. Detailed landscape plans must be submitted to, and approved by, the city,
prior to initial site work;
(D) Other maps, plans or documentation as deemed necessary by the city in order to effectively
evaluate the impact of the proposal.
(5) The site plan, as approved by the planning commission and the city council, shall become
the official site plan of the mobile home park, and any changes thereto, or deviations therefrom,
shall require resubmission and approval as set forth in Section 19.20.050 of this code. In order to
insure development as per the approved plan, one or more of the following may be required by
the city;
(A) A performance bond or other security acceptable to the city engineer, sufficient to cover the
estimated cost of required improvements;
(B) (i) Construction or development of all, or a portion of, the improvements shown on the
official site plan prior to occupancy; provided, that any improvements for which a bond is
established, as provided in subsection 1 above, shall not also be subject to this subsection,
(ii) Failure to comply with the requirements of the city and/or the official site plan shall be
sufficient grounds to deny final approval of the PAD,
(iii) A maintenance bond or other security acceptable to the city engineer and securing to the
city the successful operation of required improvements for an appropriate period of time up to
two years from construction and installation shall be required upon completion of said
improvements to the satisfaction of the city engineer;
(6) Plans which are approved by the planning commission and city council may, upon request
of the property owner, be amended by the city supervisor as an administrative act. This authority
shall be limited to amendments of a minor nature which cause no increase in intensity of use and
which do not reduce performance standards below those set forth when approved and which do
no increase the detrimental impact of the park on adjoining properties, and which do not
substantially alter the design of the official site plan. The city supervisor shall make a record of
any such requested amendment, its action thereupon, and the findings it determines to be
controlling on its action; all records and findings shall become a part of the permanent file of the
subject mobile home park. No changes in points of vehicular access to the property shall be
approved without written concurrence from the city engineer. Disagreements over amendments
may be appealed by an aggrieved party. Requested amendments, which are deemed by the city
supervisor to exceed the authority granted by this paragraph, shall be submitted to the planning
commission and city council for consideration in the manner provided in Chapter 19.20 of this
code for the approval of a planned area development;
(7) In the event construction has not commenced within eighteen months after the date of
approval by the city council, the council and planning commission shall hold a public hearing to
determine whether the site plan should be modified or continued as approved. For the purpose of
this section, construction shall mean actual construction begun on some permanent structure,
utility, or facility on the site.
17.01.040 Mobile home parks--Performance regulation.
In approving a planned area development for mobile home parks, the following regulations shall
apply, except as specifically modified by the planning commission and city council pursuant to
Chapter 19.20 of this code.
(1) Evidence of Water and Sewer Facilities. The developer shall present evidence to indicate
the following:
(A) That the proposed mobile home park will be served by a fire protection system meeting the
requirements of the city fire chief and delivering a minimum flow of one thousand gallons per
minute with a base residual pressure of twenty psi. Such system may be combined with the
domestic water supply system required;
(B) That the proposed mobile home park will be immediately served by the city sanitary sewer
system and that connection to such sewers is feasible;
(C) That the proposed mobile home park will be immediately served by the city water system
and that connection to such water system is feasible.
(2) Flood Hazard. Mobile home park sites shall not be approved if the site is located within a
designated fifty-year or one-hundred-year floodplain.
(3) Circulation System.
(A) All interior mobile home park roads shall be private roads;
(B) All interior park roads shall be constructed within a right-of-way which shall be sufficient
to construct and maintain the roadway but in no case shall be less than thirty feet in width;
(C) Park roads shall have widths and surfacing as follows:
(i) Park roads shall have a minimum paved width of twenty-four feet. One-way roads shall have
a minimum of twelve-foot travel lane and a eight-foot parking lane. Two-way roads shall have a
minimum of two ten-foot travel lanes and shall have at least one eight-foot parking lane,
(ii) Roadway Surface. All access roadways and service drives shall have surfacing depths as
proposed by a licensed engineer and approved by the city engineer,
(iii) Curbs and Gutters. Curbs and gutters shall be constructed on both sides of all interior park
roadways. Extruded concrete curbing may be used in lieu of conventional curb and gutter;
(D) All cul-de-sac turnarounds shall have a minimum paved width of twenty-four feet and shall
have a minimum paved turnaround diameter of eighty feet, exclusive of any parking lanes or
areas;
(E) External Access Points. Points of ingress and egress with public rights-of-way shall be
limited to and in accordance with the city standards and approved by the city engineer.
(4) Parking Requirements.
(A) Two off-street parking spaces, located adjacent to each respective mobile home pad, shall
be provided for each unit and shall be paved;
(B) Guest parking shall be provided at the ratio of one parking space for each two mobile home
pads and shall be distributed for convenient access to all pads and may be provided by a parking
lane and/or separate parking areas. Club-house and community building parking facilities may
account for up to fifty percent of this requirement;
(C) All off-street parking spaces shall have a minimum dimension of nine feet by twenty feet;
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(D) The front and side yard setbacks for mobile home units shall not be calculated for purposes
of meeting the minimum guest parking requirements.
(5) Minimum Yard Requirements.
(A) Setbacks. All mobile homes, together with their additions and appurtenant structures,
accessory structures and other structures on the site (excluding fences, shall observe the
following setbacks:
(i) Park roads: twenty feet from centerline of right of way, but in no case less than five feet
from the paved surface edge,
(ii) Exterior site boundary, not abutting an off-site public right-of-way: not less than fifteen feet
from the property line. This setback may be increased at the discretion of the reviewing board
dependent on specific site conditions,
(iii) Exterior site boundary, abutting an off-site public right-of-way: one-half of right-of-way
plus twenty feet, measured from centerline;
(B) Structure Separations. A minimum ten-foot separation shall be maintained between all
mobile homes, together with their habitable additions, and other mobile homes. One-hour fire
resistant structures shall maintain a minimum three-foot separation from adjacent mobile homes.
Other structures shall maintain a minimum six-foot separation between themselves and from
mobile homes, except that carports may abut the unit they use;
(C) Accessory structures and building or structures accessory to individual mobile homes are
permitted provided that the total developed coverage of the individual mobile home space does
not exceed forty-five percent;
(D) Service Buildings.
(i) Generally. Service buildings are optional. If, however, a service building is constructed it
shall be built to the Uniform Building Code (UBC) Standards and conform to applicable city of
Arlington codes pertaining to permanent structures,
(ii) Location. Service buildings shall be located not less than twenty feet from any mobile home
lot and connected to the pedestrian walkway system of the park.
(6) Storage Facilities.
(A) Outside storage of household items and equipment shall not be permitted within the mobile
home park. It shall be the responsibility of the park management to ensure compliance with this
requirement;
(B) (i) A bulk storage and parking area for boats, campers, travel trailers, etc., shall be
provided within the mobile home park. A minimum of three hundred square feet of space,
exclusive of driveways, shall be provided for every ten mobile home pads. Bulk storage and
parking areas shall be separated from all other parking facilities and shall be provided with some
means of security,
(ii) The requirements of this subsection (B) may be waived by the city planning commission
when the mobile home park developer/owner agrees to prohibit the storage of such items within
the park;
(C) Bulk storage and parking areas shall be screened from abutting public or private rights-of-
way and abutting property owners by a greenbelt meeting the requirements of subsection
(7)(E)(i).
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(7) Landscaping and Buffering. Landscaping and buffering shall conform to the following
requirements:
(A) A detailed landscape plan must be submitted to and approved by the city prior to initial site
work. The city approving authority, at their discretion, may require all landscape requirements be
submitted by a licensed landscape architect;
(B) Landscaping materials shall conform to, and be installed in accordance with, the overall site
development plan. Landscaping, to meet the requirements stated herein, shall be installed within
six months of the first occupancy. Trees shall be of such species and size at planting as would
normally attain a minimum height of twenty feet in five years;
(C) Landscaping materials, as per landscape plans, shall be maintained;
(D) The city planning commission may require landscaping in combination with berms for
noise screening; and
(E) Detailed landscape plans shall show the following:
(i) Along the exterior site boundary, a minimum ten-foot-wide planting strip of evergreen trees
and/or shrubs,
(ii) Where abutting arterial streets, the planting strip shall be a minimum of twenty feet,
(iii) Where abutting a nonarterial street, the planting strip shall be a minimum of twenty feet
wide; provided that a minimum ten-foot strip may be considered sufficient when it can be
demonstrated to the city that, with earth sculpturing and recontouring, the development is
buffered sufficiently,
(iv) Interior proposed plantings of major trees, and
(v) Those areas to be preserved in their natural state, site development shall be sensitive to the
preservation of existing vegetation.
(8) Open Space/Recreational Facilities.
(A) A minimum of twenty percent of the total area of the mobile home park site must be
designated common open space or occupied by community recreational structures. Up to one-
half of the common open space area may consist of unbuildable land upon showing that such
land can and will be utilized for specific recreational use. All common open space areas will be
accessible and usable by all residents of the park for passive or active recreation;
(B) In calculating the twenty percent open space area the following areas shall not be included
as open space:
(i) Surfaced width of park roads,
(ii) Bulk storage, guest and unit parking areas,
(iii) A minimum ground area/unit:
a. Single wide...3,200 square feet,
b. Double wide...4,300 square feet,
c. Triple wide...5,400 square feet;
(C) At the discretion of the city approving body, the percentage of open space requirements
may be reduced if substantial and appropriate recreational facilities are provided (i.e.,
community building, swimming pool, etc). However, in no case will the percentage of common
open space be less than fifty percent of the required open space.
(9) Sidewalks/Walkways. The park shall contain pedestrian walkways to and from all service
and recreational facilities. Such walkways shall be adequately surfaced and lit. A portion of the
roadway surface may be reserved for walkways, provided that the roadway width inside the curb
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is widened accordingly with traffic buttons installed for separation. Walkways shall be a
minimum width of four feet.
(10) Lighting. Adequate lighting shall be provided to illuminate streets, driveways and
walkways for safe movement of pedestrians and vehicles.
(11) Utility Requirements.
(A) All utilities will be underground. All mobile home parks shall provide permanent electrical,
water and sewage disposal connections to each mobile home in accordance with applicable state
and local rules and regulations;
(B) All sewage and waste water from toilets, urinals, slop sinks, bathtubs, showers, lavatories,
laundries and all other sanitary fixtures in a park shall be drained into a public sewage collection
system;
(C) All water, sewer, electrical and communication service lines shall be underground and shall
be approved by the agency or jurisdiction providing the service. Gas shut-off valves, meters and
regulators shall not be located beneath mobile homes;
(D) All proposed solid waste containers shall have approved slabs and enclosures.
(12) Storm Drainage. Sites shall be constructed in compliance with the following storm
drainage provisions:
(A) Storm drainage control facilities shall be provided on-site;
(B) Storm drainage from the development shall not enter creeks or drainage ways in such a
manner as would cause peaks, volumes and flows to differ from those that would occur if the
developed land were left in its natural and present condition, unless approved by the city
engineer. If necessary, storm drainage from the development shall be channelled into holding
basins prior to entry into creeks or drainage ways;
(C) Precaution shall be exercised during construction to insure adequate safeguards against
erosion and water pollution;
(D) Storm drainage plans shall be reviewed and approved by the city engineer.
(13) Fire Protection. All mobile homes shall be within three hundred feet of a standard fire
hydrant.
(14) Signs. Signs and advertising devices shall be prohibited in a mobile home park except:
(A) One identifying sign at each entrance of the park which may be indirectly lit, but not
flashing. Said sign shall comply with all provisions of the Arlington Municipal Code;
(B) Directional and informational signs for the convenience of tenants and the public relative to
parking, office, traffic movement, etc.;
(C) Each mobile home park pad (lot) shall have address clearly shown, to city standards.
(15) Height. No building or structure and no accessory building or structure shall exceed a
height of thirty feet.
(16) Park Administration.
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(A) The owner of a mobile home park shall be responsible for the development and
maintenance of said park in strict conformity with the approved site plan, and conditions
established by the planning commission and city council, and all applicable laws and ordinances;
(B) A mobile home park shall have internal rules and regulations governing, at a minimum, the
following:
(i) A requirement that all tenants comply with city inspection codes at the time a mobile home
is installed or modified,
(ii) A requirement that all landscaping, buffer areas, recreational areas and facilities, storage
areas, streets, walkways and other common areas and facilities be continuously maintained to at
least the minimum standards required by the planning commission and city council;
(C) A mobile home park shall have a resident manager who shall be the owner or agent of the
owner, with authority to communicate directly with city officials regarding compliance with city
codes and requirements, and who shall be responsible for the enforcement of park rules and
regulations.
(17) Installation Standards. The city hereby adopts, and incorporates herein by reference, all
installation standards and all inspection and enforcement rules relating to mobile homes, as now
or hereafter specified in Chapter 296-150B of the Washington Administrative Code (WAC). Said
standards relate to site preparation, foundation system footings, foundation system piers,
foundation system plates and shims, foundation facia, anchoring systems, and on-site assembly
of units. The same shall be administered and enforced by the city building department.
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City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT F
COUNCIL MEETING DATE:
July 12, 2010
SUBJECT:
Arlington Municipal Code – Title 21
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Strikeout version of Title 21 – Cable Systems Regulations
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is complete
DESCRIPTION:
Arlington Municipal Code Title 21 will provide standards and regulations for cable systems
(cable TV and telecommunications facilities). The regulations contained in the proposed Title 21
are currently contained in AMC Chapters 16.70, 16.71, 16.72, 16.73, 16.74, 16.75, 16.76. Staff is
recommending that the chapters in AMC 16 relating to cable systems be repealed and replaced
with the proposed Title 21. Most of the regulations contained in 16.71, 16.73, 16.75, and 16.76
are already contained within the Municipal Code in other sections and will simply be repealed.
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.
Chapter 21.
CABLE SYSTEMS REGULATIONS
Sections
:
21.01.010 Short Title.
21.01.020 Definitions.
21.01.030 Franchise Grant.
21.01.040 Franchise Purposes.
21.01.050 Nonexclusive Franchise.
21.01.060 Application.
21.01.070 Duration.
21.01.080 Police Powers.
21.01.090 Use of Rights-of-Way.
21.01.100 Pole or Conduit Agreements.
21.01.110 Franchise Fees.
21.01.120 Taxes.
21.01.130 Customer Service Standards.
21.01.140 Other Authorizations.
21.01.150 Rules and Regulations of the City.
21.01.160 Delegation of Powers.
21.01.170 Technical Standards.
21.01.180 Construction Standards.
21.01.190 Street Cut or Repair.
21.01.200 Safety Requirements.
21.01.210 Regulation of Rates and Charges.
21.01.220 Privacy Laws.
21.01.230 Discriminatory Practices Prohibited.
21.01.240 Equal Employment Opportunity.
21.01.250 Reimbursement.
21.01.260 Special Rate Discounts.
21.01.270 Franchise Renewal.
21.01.280 Franchise Revocation.
21.01.290 Effective Date of Franchise.
21.01.300 Miscellaneous Provisions.
21.01.310 Severability.
a) This chapter shall constitute the “cable system regulations” of the City of Arlington
and may be referred to as such.
21.01.010 Short Title.
a) For the purposes of this chapter, the following words, terms, phrases and their
derivations have the meanings given herein. Words otherwise not defined shall be
given their common and ordinary meaning. The word “shall” is always mandatory
and not merely directory.
21.01.020 Definitions.
b) Definitions:
1. “Applicant” means any person or entity that applies for an initial franchise.
2. “Cable Act” means the Cable Communications Policy Act of 1984 as amended by
the Cable Television Consumer Protection and Competition Act of 1992 and the
Telecommunications Act of 1996, and as any of them may be amended.
3. “Cable operator” means any person or group of persons, including a franchisee,
which provide(s) cable service over a cable system and directly or through one or
more affiliates owns a significant interest in such cable system or who otherwise
control(s) or is (are) responsible for, through any arrangement, the management
and operation of such a cable system.
4. “Cable service” means the one-way transmission to subscribers of video
programming or other programming service, and subscriber interaction, if any,
which is required for the selection or use of such video programming or other
programming service.
5. “Cable system” or “system” means any facility, consisting of a set of closed
transmission paths and associated signal generation, reception, and control
equipment that is designed to provide cable service which includes video
programming and which is provided to multiple subscribers within a community,
but such term does not include (a) a facility that serves only to retransmit the
television signals of one or more television broadcast stations; (b) a facility that
serves subscribers without using any public right-of-way; (c) a facility of a
common carrier which is subject, in whole or in part, to the provisions of Title II of
the Federal Communications Act (47 U.S.C. 201 et seq.), except that such facility
shall be considered a cable system (other than for purposes of Section 621(c)
(47 U.S.C. 541(c)) to the extent such facility is used in the transmission of video
programming directly to subscribers, unless the extent of such use is solely to
provide interactive on-demand services; (d) an open video system that complies
with federal statutes; or (e) any facilities of any electric utility used solely for
operating its electric utility systems.
6. “City” means the City of Arlington, a municipal corporation of the state of
Washington, and all of the area within its boundaries, as such may change from
time to time.
7. “City Council” means the Arlington City Council, or its successor, the governing
body of the City.
8. “Customer” means any person who or which elects to subscribe to, for any
purpose, cable service provided by a franchise by means of or in connection with
the cable system, and whose premises are physically wired and lawfully
activated to receive cable service from a franchisee’s cable system.
8.9. “Customer service standards” means those customer service standards
adopted by the City Council applicable to cable operators.
9.10. “FCC” means the Federal Communications Commission.
10.11. “Franchise” means an agreement/permit that authorizes a person or
entity to construct, operate, maintain or reconstruct a cable system. Upon the
written acceptance by a franchisee, the agreement constitutes a contract
between the City and franchisee.
11.12. “Franchise area” means the area within the jurisdictional boundaries of
the City to be served by a franchisee, including any areas annexed by the City
during the term of a franchise.
13. “Franchisee” means the person, firm, corporation or entity to whom or which a
franchise, as hereinabove defined, is granted by the City Council under this
chapter and the lawful successor, transferee or assignee of said person, firm,
corporation or entity.
12.14. “Normal Operating Conditions” shall mean those service conditions that
are within the control of the cable operator. Those conditions that are not within
the control of the cable operator include, but are not limited to, natural disasters,
civil disturbances, power outages, and severe or unusual weather conditions.
Those conditions that are ordinarily within the control of the cable operator
include, but are not limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal peak demand periods, and maintenance or
upgrade of the cable system.
15. “Right-of-way” or “Rights-of-Way” means all of the following which have been
dedicated to the public or are hereafter dedicated to the public and maintained
under public authority or by others and are located within the City: streets,
roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements and
similar public property and areas.
13.16. “Service Interruption” shall mean the loss of picture or sound on one or
more cable channels.
14.17. “Subscriber” means any person who or which elects to subscribe to, for
any purpose, cable service provided by a franchisee by means of or in
connection with the cable system and whose premises are physically wired and
lawfully activated to receive cable service from franchisee’s cable system.
a) It is unlawful to engage in or commence construction, operation, or maintenance of a
cable system in the City without a franchise issued under this chapter. The City
Council may, by ordinance, issue a nonexclusive franchise to construct, operate and
maintain a cable system within all or any portion of the City to any person or entity,
whether operating under an existing franchise or not, who applies for authority to
furnish cable service which complies with the terms and conditions of this chapter,
provided that such person or entity also agrees to comply with all of the provisions of
the customer service standards and the franchise. However, this shall not be
deemed to require the grant of a franchise to any particular person or entity. The City
Council may restrict the number of franchisees should it determine such a restriction
would be in the public interest.
21.01.030 Franchise Grant.
A franchise granted by the City under the provisions of this chapter shall:
21.01.040 Franchise Purposes.
a) Permit the franchisee to engage in the business of operating a cable system and
providing cable service within the City;
b) Permit the franchisee to erect, install, construct, repair, reconstruct, replace and
retain wires, cables, related electronic equipment, conduits and other property in
connection with the operation of the cable system in, on, over, under, upon, along
and across rights-of-way within the City; and
c) Set forth the obligations of the franchisee under the franchise.
Any franchise granted pursuant to this chapter shall be nonexclusive and not preclude
the City from granting other or future franchise or permits.
21.01.050 Nonexclusive Franchise.
a) An applicant for an initial franchise shall submit to the City a written application in a
format provided by the City, at the time and place specified by the City for accepting
applications, and accompanied by the designated application fee. An application fee
as set forth in the adopted fee resolution shall accompany the application to cover
costs associated with processing the application, including, without limitation, costs
of administrative review, financial, legal and technical evaluation of the applicant, the
costs of consultants, notice and publication requirements, and document preparation
expenses.
21.01.060 Application.
b) Application – Contents. An application for an initial franchise for a cable system shall
contain, at a minimum:
1. A statement as to the proposed franchise and information relating to the
characteristics and location of the proposed system;
2. A resume of prior history of the applicant, including the expertise of the applicant
in the cable system field;
3. Information demonstrating the applicant’s legal, technical and financial ability to
construct and operate the proposed system;
4. A list of the partners, general and limited, of the applicant, if a partnership;
members, if a limited liability company; or the percentage of stock owned or
controlled by each stockholder having a five percent or greater interest, if a
corporation;
5. A list of officers, directors and key employees of the applicant, together with a
description of the background of all such persons;
6. The names and addresses of any parent entity or subsidiary of the applicant or
any other business entity owning or controlling the applicant in whole or in part,
or owned or controlled in whole or in part by the applicant;
7. A proposed construction and service schedule;
8. Any other reasonable information that the City may request.
c) The City shall be allowed the opportunity to ask relevant follow-up questions and
obtain further information from any source. A refusal by an applicant to cooperate or
provide requested information is sufficient grounds for the City to deny an
application.
d) Consideration of Initial Franchise. Upon receipt of an application for an initial
franchise and after obtaining any additional information the City in its sole discretion
deems appropriate from any source, a hearing shall be scheduled to allow public
comment. At the hearing, the City Council shall receive public comment regarding
the following:
1. Public Benefit. Whether the public will benefit from granting a franchise to the
applicant;
2. Qualifications. Whether the applicant appears to have adequate legal, financial
and technical qualifications and capabilities to build, operate and maintain a
cable system in the City;
3. No Conflicting Interests. Whether the applicant has any conflicting interests,
either financial or commercial, that will be contrary to the interests of the City;
4. Compliance with the Franchise and Local Laws. Whether the applicant will
comply with all of the terms and conditions placed upon a franchisee by the
franchise, this chapter, customer service standards and other applicable local
laws and regulations;
5. Compliance with Other Requirements. Whether the applicant will comply with all
relevant federal and state laws and regulations pertaining to the construction,
operation and maintenance of the cable system.
e) After the hearing is closed, the City Council shall decide whether to grant a franchise
and on what conditions. City Council decisions shall be made within 90 days for
those projects that have a pre-existing right to access the public rights-of-way or 180
days in all other cases. The City Council’s decision shall be based upon the
application, any additional information submitted by the applicant or obtained by the
City from any source, and public comments. The City Council may grant one or more
franchises, or may decline to grant any franchise.
a) The term of any franchise, and all rights, privileges, obligations and restrictions
pertaining thereto, shall be specified in the franchise. The effective date of any
franchise shall be as specified in the franchise.
21.01.070 Duration.
b) Any franchise granted hereunder shall be valid for those geographic areas specified
in the franchise.
a) In accepting any franchise, the franchisee acknowledges that its rights thereunder
are subject to the police powers of the City to adopt and enforce general ordinances
necessary for the health, safety and welfare of the public, and it agrees to comply
with all applicable laws enacted by the City pursuant to such power.
21.01.080 Police Powers.
a) For the purposes of operating and maintaining a system in the City, a franchisee may
place and maintain within the rights-of-way such property and equipment as are
necessary and appurtenant to the operation of the cable system. Prior to
construction or alteration of the system in the rights-of-way, the franchisee shall
procure all necessary permits, pay all applicable fees in connection therewith, and
comply with all applicable laws, regulations, resolutions and ordinances, including,
but not limited to, land use and zoning requirements.
21.01.090 Use of Rights-of-Way.
a) No franchise shall relieve franchisee of any of its obligations involved in obtaining
pole or conduit agreements from any department of the City, any utility company, or
from others maintaining facilities in the rights-of-way.
21.01.100 Pole or Conduit Agreements.
a) The franchisee shall pay the City franchise fees in accordance with the terms of the
franchise and applicable law.
21.01.110 Franchise Fees.
a) Nothing in this chapter shall limit the franchisee’s obligation to pay applicable local,
state and federal taxes.
21.01.120 Taxes.
a) Policy. A cable operator will first resolve customer inquiries and complaints without
delay and without involvement of the City. Where a given complaint is not addressed
by the cable operator to the customer’s satisfaction, the City may intervene.
21.01.130 Customer Service Standards.
These standards are intended to be of general application. A cable operator is free to
exceed these standards for the benefit of its customers. However, the cable operator
shall be relieved of obligations hereunder if it is unable to perform due to a force
majeure event affecting a significant portion of the franchise area.
b) Customer Service.
1. Courtesy. All employees of the cable operator shall be courteous, knowledgeable,
and helpful, and shall provide effective and satisfactory service in all contacts with
customers.
2. Availability and Accessibility – In Person. The cable operator must maintain, at a
minimum, one (1) customer service center located in Everett. This customer
service location shall at all times allow customers to make payments, return
equipment, or get assistance from knowledgeable staff. The customer service
center shall be open Monday through Saturday, excluding legal holidays, with
sufficient hours necessary to meet customer demand. The customer service
center will be staffed to meet all customer needs with on-site customer service
representatives. If, however, the customer service center is required to relocate,
the cable operator shall be allowed a reasonable period of time to establish a new
location.
3. Availability and Accessibility – On the Telephone. A CSR will be available to
respond to customer inquiries during normal business hours. The cable operator
shall maintain local or toll free telephone access lines that shall be available
during normal business hours for service/repair requests and billing inquiries. The
cable operator shall retain sufficient CSRs and telephone line capacity to ensure
that, during normal operating conditions, telephone calls to service/repair and
billing inquiry lines are answered within thirty (30) seconds or less, and that any
transfers are made within thirty (30) seconds. This standard shall be met no less
than ninety (90) percent of the time, measured on a quarterly basis under normal
operating conditions. Under normal operating conditions, the total number of calls
receiving busy signals shall not exceed three percent (3%) of the total telephone
calls. The cable operator shall not be required to acquire equipment or perform
surveys to measure compliance with any of the telephone answering standards
above unless and until the City requests such actions based on a historical record
of customer complaints indicating a clear failure to comply.
c) Responsiveness.
1. The cable operator shall complete all standard aerial installations within seven (7)
days after an order has been placed, unless otherwise requested by the
customer. The cable operator shall schedule all standard underground
installations within seven (7) days after an order has been placed, unless
otherwise requested by the customer. “Standard” installations shall include those
that are located within 125 aerial feet or sixty (60) underground trench feet of the
cable operator’s distribution system. This standard must be met ninety-five
percent (95%) of the time, under normal operating conditions as measured on a
quarterly basis. If the customer requests a non-standard installation, or the cable
operator determines that a non-standard installation is required, the cable
operator shall provide the customer in advance with a total installation cost
estimate and an estimated date of completion.
2. Under normal operating conditions, all temporary cable drops shall be converted
to a permanent drop within no more than three (3) calendar weeks from the initial
installation, or at a time mutually agreed upon between the cable operator and
customer.
3. Customers requesting installation of cable service or repair service to an existing
installation may choose any available four (4) hour block of time for the
appointment during normal business hours.
Comment [SJP1]: Wouldn’t it be better to
state that we would like a service center located
in Arlington but no farther away than Everett?
4. The cable operator shall be deemed to have responded to a request for service
under the provisions of this subsection when a technician arrives within the
agreed upon time. If the customer is absent when the technician arrives, the
technician shall leave written notification of timely arrival. A record that notice was
provided shall be kept by the cable operator.
5. If a cable operator representative fails to keep an installation or service
appointment for any reason, the cable operator will contact the customer before
the end of the scheduled appointment and reschedule the appointment at a time
convenient for the customer.
6. The cable operator shall respond to a customer’s letter in writing within two (2)
weeks of receipt of the letter. The cable operator shall initiate resolution to a
customer’s inquiry, complaint, general question, or comment made by telephone
or email within forty-eight (48) hours.
7. Any difficulties that cannot be resolved by the CSR shall be referred to the
appropriate supervisor who shall use his/her best efforts to contact the customer
within twenty four (24) hours of initial contact and resolve the problem within a
mutually agreeable timeframe.
d) Repairs and Outages.
1. The cable operator shall interrupt service only for good cause and for the shortest
time possible. Scheduled interruptions that the cable operator anticipates will last
more than four (4) hours shall occur during periods of minimum use of the cable
system as reasonably determined by the cable operator.
2. If a customer calls to report poor signal quality or interruptions attributable to the
cable operator’s equipment, the cable operator shall begin working on the
problem no later than the next day following the customer’s call, provided that the
customer is available, or at such later time as is convenient for the customer. If an
appointment is necessary, the customer may choose a four (4) hour block of time
during normal business hours.
3. Upon discovery of an outage affecting three (3) or more customers, the cable
operator shall initiate its outage repair process within two (2) hours, under normal
operating conditions.
4. A cable operator shall initiate repairs to customer reported service interruptions,
for any cause beyond the control of the cable operator, within twenty-four (24)
hours after the conditions beyond its control have been corrected.
5. Under normal operating conditions, if after twenty-four (24) hours service is not
restored to a customer, a cable operator shall, upon a customer’s request, provide
a refund or credit or other compensation of equal or greater value.
6. The cable operator will track and record all outages and service interruptions that
occur within the franchise area.
e) Bills, Credits, Refunds and Deposits. If a customer requests disconnection of any or
all services, billing for affected services shall end on the same day as the request, or
on the future date for which the disconnect is ordered. However, the customer may
continue to be billed for equipment until returned to the cable operator. The cable
operator shall issue a credit or refund to a customer within thirty (30) business days
after the close of the billing cycle following the return of the equipment and request
for disconnection. If a customer was required to provide a deposit, that deposit must
be returned when appropriate.
f) Treatment of Property.
1. Removal or trimming of trees and shrubs in the right-of-way will be subject to the
regulations of the City.
2.The cable operator shall repair any damage or restore any property to as good a
condition as before the work causing such damage or disturbance was initiated.
The cable operator shall repair, replace, or compensate all property owners for
damages resulting from the cable operator’s installation, construction, service, or
repair activities.
3. Except in the case of an emergency involving public safety or service interruption to
a large number of customers, the cable operator shall give reasonable notice to
property owners or legal tenants prior to entering upon private premises, and the
notice shall specify the work to be performed; provided that, in the case of planned
construction operations, such notice shall be delivered or provided at least twenty
four (24) hours prior to entry. All work done in the right-of-way shall be subject to
time requirements of the permit.
4. Nothing herein shall be construed as authorizing access or entry to private
property, or any other property, where such right to access or entry is not otherwise
provided by law.
5. For major construction or installation projects, the cable operator shall notify by
mail or door hanger the adjacent property owners/legal tenants in advance of the
right-of way work. In the case of an emergency, the cable operator shall attempt to
contact the property owner or legal tenant in person, and in the event personal
contact is not made, the cable operator shall leave a door hanger notice.
6. The cable operator shall clean all areas surrounding any work site of debris caused
by the cable operator’s activities.
g) Services for Customers with Disabilities.
1. For any customer with a disability, the cable operator shall upon a customer
request and at no charge deliver and/or pick up converters at the customer’s home.
2. The cable operator shall provide TDD/TYY service with trained
operators who can provide assistance for hearing-impaired customers at no
charge.
3. The cable operator shall comply with the Americans with Disabilities Act.
h) Customer Information.
1. The cable operator shall provide to customers an accurate, comprehensive service
agreement and customer installation packet upon installation, including the
following information:
a. Products and services offered by the cable operator, including channel
positions of programming carried on the cable system.
b. The cable operator’s complete range of service options and the prices for
those services and conditions of subscription to programming and other
services.
c. Installation and service maintenance policies, including the customer’s and
cable operator’s responsibilities for equipment.
d. Billing and complaint procedures for investigation and resolution of customer
service complaints, including the address and telephone number of the cable
operator’s office(s), the cable operator’s policies on deposits, credit balances,
and returned check charges.
e. Policies concerning protection of customer privacy as required under law.
f. The availability of a parental control/lock out device and the procedures for
channel blocking.
g. Service termination procedure.
h. A description of the manner that will be used to provide notice of changes in
rates, services, or service terms and conditions.
i. The phone number of the Customer Service Department that is responsible for
j. handling cable questions and complaints for the cable operator. This
k. information shall be prominently displayed in the installation packet.
2. The cable operator shall provide customers with written notification of any
changes in rates, programming, services, or channel positions as soon as possible
in writing. Customers shall be given a description of the changes, a phone number
for questions, and the effective date. Notice must be given to customers a
minimum of thirty (30) days in advance of such changes if the change is within the
control of the cable operator.
3. All officers, agents, and employees of the cable operator, its contractors, and
subcontractors who are in personal contact with customers shall have visible
identification cards bearing their name and photograph.
4. Every vehicle of the cable operator, its contractors, and subcontractors, shall be
clearly identified to the public as a vehicle of the cable operator.
i) Safety.
1. The cable operator shall install and locate its facilities, cable system, and
equipment in compliance with all federal, state, local, and company
safety standards, and in such manner as shall not endanger persons or
property.
2. Whenever the cable operator receives notice that an unsafe condition exists with
respect to its equipment, the cable operator shall investigate such condition
immediately, and shall take such measures as are necessary to remove
or eliminate any unsafe condition.
j) Complaints to the City.
1. Any customer shall be entitled to lodge any complaint directly with the City. The
customer may lodge the complaint either by calling the City or by filing a written
complaint by letter or in electronic form.
2. If the City decides that further action is warranted, the City may intercede and
attempt to help reach a resolution and/or require the cable operator to address the
inquiry in a timely manner. Upon request by the City, the cable operator shall notify
the City of the status of the inquiry and any subsequent resolution.
3. The cable operator shall maintain, in a manner consistent with the privacy rights of
customers, an accurate and comprehensive file of complaints regarding the cable
system or the cable operator’s operation of the cable system, by number and type
and their disposition; service requests, identifying the number and nature of the
requests and their disposition; and outages, service interruptions and their
disposition.
k) Remedying Violations. If the City has reason to believe that the cable operator has
failed to comply with any of these standards, or has failed to perform in a timely
manner, or if similar complaints repetitively arise, the City may require in writing that
the cable operator remedy the noncompliance. If the noncompliance is not remedied
to the satisfaction of the City, the City may opt to follow the liquidated damages
procedures or seek other remedies set forth in the franchise, or pursue any other
remedies at law or in equity.
a) Franchisee shall comply with and obtain, at its own expense, all permits, licenses
and other authorizations required by federal, state and local laws, rules, regulations
and applicable resolutions and ordinances which are now existing or hereafter
lawfully adopted.
21.01.140 Other Authorizations.
Comment [SJP2]: Need to correct paragraph
numbering here.
21.01.150 Rules and Regulations of the City.
a) In addition to the inherent powers of the City to regulate and control any franchise it
issues, the authority granted to it by the Cable Act, and those powers expressly
reserved by the City, or agreed to and provided for in a franchise, the right and
power is reserved by the City to promulgate such additional rules and regulations as
it may find necessary in the exercise of its lawful powers and in furtherance of the
terms and conditions of a franchise and this chapter, and as permitted by applicable
state and federal law.
a) Any right or power of the City may be delegated by the City to any officer, employee,
department or board of the City or to such other person or entity as the City may
designate to act on its behalf.
21.01.160 Delegation of Powers.
a) Franchisee shall design, construct and maintain its cable system to serve every
residential dwelling unit in the franchise area, subject to any density requirements
contained within the franchise. Commercial facilities shall be served in accordance
with the provisions of the franchise.
21.01.170 Technical Standards.
b) Franchisee shall construct, install, operate and maintain its cable system in a manner
consistent with all enacted and applicable federal, state and local laws and
regulations, FCC technical standards and any other applicable standards set forth in
the franchise.
a) All facilities constructed or operated under this chapter shall be installed and
maintained at such places in or upon such rights-of-way and public places as shall
not interfere with the free passage of traffic and the free use of adjoining property,
and shall conform to federal standards, Washington requirements, and City
regulations.
21.01.180 Construction Standards.
b) Franchisee shall be subject to any and all requirements established by the City with
regard to the placement and screening of franchisee’s facilities and equipment
located in the rights-of-way and on other public property. Such requirements may
include, but are not limited to, the use of landscaping to screen pedestals and
cabinets and a requirement that construction be flush with the natural grade of the
surrounding area.
c) The franchisee shall comply with any applicable ordinances, resolutions, rules,
regulations and policies of the City regarding geographic information systems
mapping for users of the rights-of-way; provided that all similarly situated users of the
rights-of-way must also accordingly comply.
a) The franchisee shall guarantee the durability and structural integrity of any street cut
or repair made by it or its agents which are necessary for the construction,
installation, operation, repair or maintenance of franchisee’s facilities for the life of
the street; provided, that no action by a third party materially affects the integrity of
franchisee’s street cut or repair. Franchisee shall repair or replace, at no expense to
the City, any failed street cut or repair which was completed by franchisee or
franchisee’s agent(s), as determined by the City engineer.
21.01.190 Street Cut or Repair.
a) The franchisee shall, at all times, employ professional care and install, maintain and
use commonly accepted methods and devices for preventing failures and accidents
21.01.200 Safety Requirements.
which are likely to cause damage, injuries, or nuisances to the public. In furtherance
thereof, the franchisee must comply with the City’s traffic control requirements,
including, for example, but without limitation, the use of signal devices, warning signs
and flaggers when appropriate. All of franchisee’s structures, cables, lines,
equipment and connections in, over, under and upon the rights-of-way and public
ways or other places in the franchise area, wherever situated or located, shall at all
times be kept and maintained in a safe condition.
a) The City may regulate franchisee’s rates and charges to the full extent permitted by
law.
21.01.210 Regulations of Rates and Charges.
a) The franchisee will be bound by all of the provisions of applicable federal, state and
local privacy laws.
21.01.220 Privacy Laws.
a) The franchisee shall not deny cable service or otherwise discriminate against
subscribers or others on the basis of race, color, religion, national origin, sex, age,
disability or other protected classes.
21.01.230 Discriminatory Practices Prohibited.
b) Access to cable service shall not be denied to any group of potential residential cable
customers because of the income of the residents of the local area in which such
group resides.
a) The franchisee shall strictly adhere to and comply with the equal employment
opportunity requirements of federal, state and local laws.
21.01.240 Equal Employment Opportunity.
a) To the extent allowed by applicable law, the City may require a franchisee to
reimburse the City for the City’s reasonable processing and review expenses in
connection with a sale or transfer of a franchise or a change in control of a franchise
or franchisee, including, without limitation, costs of administrative review, financial,
legal and technical evaluation of the proposed transferee or controlling party, costs of
consultants, notice and publication costs, and document preparation expenses. In
connection with the foregoing, the City will send franchisee an itemized description of
all such charges, and franchisee shall pay such amount within 30 days after the
receipt of such description.
21.01.250 Reimbursement.
a) The City encourages franchisee to provide special rate discounts for certain senior
subscribers and permanently disabled subscribers as follows:
21.01.260 Special Rate Discounts.
1. The eligibility for the special rate considerations set forth in this section shall be
limited to those subscribers who qualify as a “senior” or as “permanently
disabled” under the City’s prevailing standards and procedures and who must
also be eligible for utility discounts from the City. The subscriber must also be the
owner-occupant of a single-family or multiple dwelling unit residence or the
legally responsible lessee of a rental residential dwelling or unit.
2. Franchisee is encouraged to waive the standard installation fee for those
dwellings or units within 125 feet of franchisee’s cable system for those
subscribers who are eligible under subsection (1) of this section.
a) Franchise renewals shall be conducted in accordance with applicable law. The City
and franchisee, by mutual consent, may enter into renewal negotiations at any time
during the term of a franchise.
21.01.270 Franchise Renewal.
a) Any franchise granted by the City may be revoked during the period of such
franchise, as provided in the franchise, subject to the procedural requirements
provided for therein. A failure by the franchisee to comply with any of the material
provisions of this chapter shall be deemed a material violation of the City Code.
21.01.280 Franchise Revocation.
a) No franchise granted pursuant to the provisions of this chapter shall become
effective unless and until the ordinance granting the same has become effective.
Within 45 days after the adoption by the City Council of the ordinance awarding a
franchise, or within such extended period of time as the City Council in its discretion
may authorize, the franchisee shall file with the City clerk its written and
unconditional acceptance of the franchise.
21.01.290 Effective Date of Franchise.
a) Where a franchise and this chapter conflict, both shall be liberally interpreted to
achieve a common meaning or requirement. In the event that this is not possible
within reasonable limits, the franchise shall prevail.
21.01.300 Miscellaneous Provisions.
b) This chapter shall be construed in a manner consistent with all applicable federal,
state and local laws, and shall apply to any franchise hereafter accepted by a
franchisee.
c) A franchisee shall not be relieved of its obligations to comply with any or all of the
provisions of this chapter by reason of any failure of the City to demand prompt
compliance.
d) The provisions of this chapter shall apply to all cable operators and cable systems to
the greatest extent permissible under applicable law.
a) If any section, subsection, paragraph, or provision of this chapter is determined to be
illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction,
such determination shall have no effect on the validity of any other section,
subsection, paragraph, or provision of this chapter, all of which will remain in full
force and effect.
21.01.310 Severability.
1 AMC Chapter 16 - Telecommunications
7/7/10
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.
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
27 AMC Chapter 16 - Telecommunications
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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
36 AMC Chapter 16 - Telecommunications
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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
38 AMC Chapter 16 - Telecommunications
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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.
39 AMC Chapter 16 - Telecommunications
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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.
40 AMC Chapter 16 - Telecommunications
7/7/10
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.
41 AMC Chapter 16 - Telecommunications
7/7/10
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.
42 AMC Chapter 16 - Telecommunications
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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:
ATTACHMENT G
COUNCIL MEETING DATE:
SUBJECT:
Resolution supporting the City application for
a TDR program grant
DEPARTMENT OF ORIGIN:
Community Development
ATTACHMENTS:
1. Resolution
2. Grant Application Outline
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW: Yes
DESCRIPTION:
Community Development is applying for a $100,000.00 grant to help fund amending the
existing TDR program and interlocal with Snohomish County to include West Arlington as a
receiving area. The applicants are required to submit a resolution demonstrating Council
support with their submittal. They provided a draft resolution and I modified it to fit our
needs. The City needs to provide a council approved resolution demonstrating level of commitment to
the TDR program.
HISTORY:
Department of Commerce received a one million dollar EPA grant to develop TDR programs in
King, Pierce and Snohomish County. Commerce is passing through most of the dollars in the
form of grants to City’s wanting to implement a TDR program. Due to our long-term
participation in TDR’s they have encouraged us to apply. The goal of the grant funds will be to
develop program and interlocal amendments integrating West Arlington as a TDR receiving
area so we can accept sending area credits as soon as they are available.
ALTERNATIVES:
1. Develop an alternative resolution
RECOMMENDED ACTION:
There is no action requested at this time.
RESOLUTION NO 2010-XXX
A RESOLUTION STATING THE CITY COUNCIL’S SUPPORT FOR AMMENDING THE
INTERLOCAL AGREEMENT BETWEEN THE CITY OF ARLINGTON AND
SHOHOMISH SNOHOMISH COUNTY CONCERNING THE TRANSFER OF
DEVELOPMENT RIGHTS RECEIVING AREA ESTRABLISHED BY AMENDED
ORDINANCE NOS. 05-141 AND 05-142
WHEREAS, the CITY OF ARLINGTON and SNOHOMISH COUNTY established by
regulation and inter-local agreement a Transfer of Development Rights (TDR) program
to encourage the preservation of the Stillaguamish Valley while also promoting higher-
density, infill development within THE CITY OF ARLINGTON consistent with the
Washington State Growth Management Act (GMA), Chapter 36.70A RCW; and
WHEREAS, the CITY OF ARLINGTON has identified the need to expand the existing
program; and
WHEREAS, the Washington State Legislature recently affirmed the regional TDR
program by directing the Washington State Department of Commerce to establish a
regional TDR program in Central Puget Sound as provided in the Regional Transfer of
Development Rights Program, Chapter 43.362 RCW; and
WHEREAS, the City desires to further the City’s goals stated in the its Comprehensive
plan Land Use Policies _GL-19, GL-20 and GL-26; and
WHEREAS, through a grant from the U.S. Environmental Protection Agency, the Puget
Sound Regional Council with will work with the state, County, and the Cascade Land
Conservancy to implement a regional TDR program; and
WHEREAS, through a grant from the U.S. Environmental Protection Agency the Puget
Sound Regional Council will work with the state to provide grants to cities to amend an
interlocal agreement with the county; revise existing TDR policies and regulations; or
provide infrastructure planning and improvements in designated receiving areas
consistent with the regional TDR program; and
WHEREAS, the City has not done the environmental review and planning required to
develop the policies, codes, and administrative procedures for receipt of TDR transfers
from the County into the West Arlington receiving area; and
WHEREAS, the City has policies, codes, interlocal agreements, and administrative
procedures that must be revised with the County, to receive TDR transfers from the
County into the West Arlington receiving area; and
WHEREAS, the revision of TDR policies and regulations and acceptance of grant funds
will not diminish the City Council’s authority to regulate land use and development within
the City; and
Formatted: Centered
Draft City TDR Project Grant – Application PacketRESOLUTION 2010-XXX
Page 2 of 3
WHEREAS, an eligibility requirement for awarding the grant funds is a resolution
adopted by the City Council demonstrating its level of commitment to proceed toward
revision of TDR policies and regulations and interlocal agreement with the County; .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ARLINGTON, AS FOLLOWS:
Section 1. The City Council supports the development of an interlocal agreement
between the City of Arlington and Snohomish County or to the adoption of the
Department of Commerce Interlocal Terms and Conditions Rule by reference for rural
and natural resource land transfer of development rights (TDR) policies and regulations.
Section 2. The City agrees to review and consider revising existing TDR policies and
regulations to receive development rights from the County in to the West Arlington
receiving area; and use grant funds awarded from the Puget Sound Regional Council
and Washington State Department of Commerce to invest in infrastructure development
in designated receiving areas.
Section 3. The City TDR policies and regulations should focus on the receipt of
development rights from lands and resources in sending areas designated by the
County.
Section 4. The best candidates for receiving areas in the City are the areas known as
West Arlington, and Brekhus/Beach.
Section 5. The City Council commits to meeting all milestones and completing all
deliverables consistent with its grant application to the Department of Commerce by
December 31, 2012.
ADOPTED BY THE CITY COUNCIL o the City of Arlington at its regular meeting held
this ______day of ______________, 20052010.
CITY OF ARLINGTON
______________________________
Margaret Larson, Mayor
Attest:
______________________________
Kristin Banfield, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
Formatted: Indent: Left: 2.5", First line: 0.5"
Draft City TDR Project Grant – Application PacketRESOLUTION 2010-XXX
Page 3 of 3
City Attorney
Washington State Department of Commerce Grant Proposal
Title
Arlington TDR Program Improvement Strategy
Contact: Bill Blake
The City of Arlington has had a Transfer of Development Rights Program since 2006. Due to the
Economic conditions and difficulty of our receiving area site to develop, and the urgency of
saving the Stillaguamish Valley from development we have decided to improve our strategy.
The suggestion has been made to add an additional receiving area to West Arlington. The
neighborhoods included in West Arlington are Smokey Point, West Bluff and Island Crossing.
There are many areas that were underdeveloped while in rural Snohomish County. We feel
that with the juxtaposition along the Freeway and old 99 this area will be the first to realize
economic growth activity when the economy improves.
Strategy:
1. Integrate TDR elements such as Floor Area Ratios, exceed standard building height
limits, and lot coverage in to the West Arlington Form Based code development.
2. Perform a Programmatic SEPA process for those areas in West Arlington that are
targeted for the initial TDR utilization.
3. Work with Cascade Land Conservancy in their ongoing economic analysis of TDR
exchanges, and ask them to give specific focus on West Arlington and the Stillaguamish
Valley Sending Area
4. Develop a floodplain map indicating which lands have the least chance to develop as a
result of flooding
5. Re-establish and establish new relationships with the developer, farm and watershed
interests.
6. Complete a West Arlington Infrastructure funding plan to be prepared to implement the
CLC infrastructure financing legislation if adopted next session.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
ATTACHMENT H
COUNCIL MEETING DATE:
July 12, 2010
SUBJECT:
Resolution supporting the City application for
a WWRP grant from RCO.
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
1. Resolution
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the Resolution
DESCRIPTION:
The City is applying for a matching grant from the WA Recreation and Conservation Office to
provide funds to build a restroom facility at Legion Park.
The applicants are required to submit a resolution demonstrating Council support with their
submittal.
HISTORY:
The first round of grant review was done in June. Next review is the end of August. This is a
highly competitive grant.
ALTERNATIVES:
1. Deny the resolution.
RECOMMENDED ACTION:
No action at this time. The Council will be asked to approve the resolution as written to
support the grant application submittal to the Recreation and Conservation Office.
RESOLUTION NO 2010-XXX
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON, AUTHORIZING
APPLICATION FOR FUNDING ASSISTANCE FOR A WASHINGTON WILDLIFE
AND RECREATION PROGRAM (WWRP) GRANT TO THE RECREATION AND
CONSERVATION OFFICE (RCO) AS PROVIDED IN CHAPTER 79A.15 RCW,
ACQUISITION OF HABITAT CONSERVATION AND OUTDOOR RECREATION
LANDS FOR THE LEGION PARK RESTROOM PROJECT.
WHEREAS, the City of Arlington has approved a comprehensive plan that
includes the Legion Park project area; and
WHEREAS, under the provisions of WWRP, state funding assistance is requested
to aid in financing the cost of facility development at Legion Park; and
WHEREAS, the City of Arlington considers it in the best public interest to
complete the facility development project described in the application;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ARLINGTON AS FOLLOWS:
Section 1. The Mayor is authorized to make formal application to the Recreation
and Conservation Office for funding assistance;
Section 2. Any fund assistance received will be used for implementation of the
Legion Park Restroom project referenced above;
Section 3. The City of Arlington hereby certifies that its share of project funding
is committed and will be derived from the Lodging Tax Fund and the General Fund.
Section 4. The City of Arlington acknowledges that it is responsible for
supporting all non-cash commitments to this project should they not materialize.
Section 5. The City of Arlington is aware that the grant, if approved, will be paid
on a reimbursement basis. This means the City may only request payment after eligible
and allowable costs have already been paid and remitted to its vendors.
Section 6. The City of Arlington acknowledges that any property acquired or
facility developed with financial aid from the Recreation and Conservation Funding
Board (RCFB) must be placed in use for the funded purpose and be retained in such use
in perpetuity unless otherwise provided and agreed to by the City and RCFB.
Section 7. This resolution is a part of a formal application to the Recreation and
Conservation Office; and
RESOLUTION 2010-XXX
Page 2 of 2
Section 8. The City provided appropriate opportunity for public comment on this
application.
PASSED by the City Council and APPROVED by the Mayor this _____ day of
______________________ 2010.
CITY OF ARLINGTON
_________________________________
Margaret Larson, Mayor
ATTEST:
_________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
_______________________________
Steve Peiffle, City Attorney
Community Development
City Council Agenda Bill
AGENDA ITEM:
ATTACHMENT I
COUNCIL MEETING DATE:
July 12, 2010
SUBJECT:
Consideration of Notification of Intention
to Annex 10% Petition for Thompson
Annexation (File No. PLN20100015)
DEPARTMENT OF ORIGIN:
Community Development
ATTACHMENTS:
1. Aerial map of proposed annexation
2. Aerial map of the larger area of 172nd and SR 9
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
DESCRIPTION:
An Intention to Commence Annexation 10% Petition form has been submitted for
approximately14.04 acres located on the northeast corner of 172nd Street NE/SR 531 and
SR 9. The property is within the City Urban Growth Area, and the current City limits
abut the proposed annexation area on the west. The City’s Comprehensive Plan
designates the area as General Commercial, and the zoning map pre-zones this area as
General Commercial.
HISTORY:
Jim Thompson, submitted an application for annexation/Annexation 10% Petition form
on June 14, 2010. The request has been reviewed by staff. The proposed annexation had
been part of a larger annexation, known as the Star Annexation, previously applied for
on April 27, 2006. The Star Annexation was put on indefinite hold by the City of
Arlington on July 17, 2006 due to water/sewer incapacities at that time. The file has
been reworked to include Jim Thompson only and a new file number is being used to
track this portion of the larger annexation. The annexation is being processed, now that
we will have adequate water/sewer availability to this site.
COMMITTEE REVIEW AND ACTION:
None.
ALTERNATIVES:
RECOMMENDED ACTION:
No action is requested at this time.