HomeMy WebLinkAbout02-16-10 Council Meeting
Arlington City Council
*Tuesday February 16, 2010 - 7 PM
City Council Chambers
110 E. Third
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PUBLIC COMMENT For members of the public to speak to the Council regarding matters NOT on
the agenda. Please limit remarks to three minutes
CONSENT AGENDA
1. Minutes of the February 1 & 8, 2010 meetings ATTACHMENT A
2. Accounts Payable
PUBLIC HEARING
1. Comprehensive Plan Amendments (CPA’s) and Concurrent Rezones for ATTACHMENT B
Graafstra, Transportation, Water, Sewer, Stormwater (Continued Public Hearing,
probable additional continuance while waiting for additional information and/or studies)
UNFINISHED BUSINESS
NEW BUSINESS
1. CPG Grant 2010-2011 ATTACHMENT C
2. Blue Marble Environmental Contract Amendment #3 ATTACHMENT D
3. Motion to direct staff to prepare a resolution to place on the 11/2/10 ATTACHMENT E
ballot a permanent levy for EMS service for consideration at the next council meeting
4. District 12 settlement agreement ATTACHMENT F
5. Employment Contract – Emergency Management Coordinator ATTACHMENT G
6. Airport Office Expansion & Remodel Closeout ATTACHMENT H
7. Ordinance adopting revisions to AMC Title 8 ATTACHMENT I
8. Surplus Property Sale ATTACHMENT J
DISCUSSION ITEMS
INFORMATION
MAYOR’S REPORT
ADMINISTRATOR & STAFF REPORTS
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To download all attachments, click here
DRAFT
Page 1 of 3
Council Chambers
110 East Third
February 1, 2010
City Council Members Present by Roll Call: Dick Butner Sally Lien, Linda Byrnes, Marilyn Oertle,
Chris Raezer, Scott Solla, and Steve Baker
Council Members Absent: There were no Council members absent.
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Roxanne Guenzler, Bill
Blake, Julie Good, Mike Wolanek, Jan Bauer, Steve Peiffle – City Attorney
Also Known to be Present: Sarah Arney - Arlington Arts Council, Vickie Solla, John Meno, Nola Smith
– Arlington Downtown Business Association, Dr. Kris McDuffy - Superintendent Arlington Schools, and
Gale Fiege – Everett Herald
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
Marilyn Oertle moved to approve the Agenda. Sally Lien seconded the motion, which passed with a
unanimous vote.
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Mr. Brett Sarver from Arlington High School recognized and introduced club members in attendance, also
GAC President John Meno. Attending students representing the Career and Technical Education
programs in Arlington Public Schools ware:
Proclamation for Career and Technical Education (CTE) month and Recognition of Local Students
Participating in the CTE Program
Bailey Abdo - Future Educators, Cayley Allen - FFA, Tracy Brown (Advisor), Colby Cavanaugh -
FFA, Mariah Cavanaugh - DECA, Nathan Fetsch – Video Production, Keila Gordon - DECA,
Sean Halstead – TSA, Whitney Holden - FFA, Aaron Hollander – TSA, Shana Morcom - FFA,
Laura Pederson - FFA, Mereesa Pedersen – Skills USA, Leah Peek - FFA, and Blake Wintch -
TSA
On behalf of the Arlington Arts Council, Sarah Arney invited all to this Saturday’s Eagle Festival. Nola
Smith from the Downtown Business Association invited and encouraged those who would wish to join the
organization to please do.
PUBLIC COMMENT
Marilyn Oertle moved and Sally Lien seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
CONSENT AGENDA
1. Minutes of the January 19, 2010 and January 25, 2010 meetings
2. Accounts Payable
Claims Checks #59402 through #59543 in the amount of $304,441.65 and
Payroll Checks #25366 through #25402 in the amount of $1,180,962.97
- Accounts payable includes payment of $20,030.94 to Department of Retirement Systems for
excess compensation to a former employee who retired on October 31, 2009. RCW 41.50.152
requires public notice if an excess payment is made and resulting contribution to the retirement
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT February 1, 2010
Page 2 of 3
system is required. The employee retired from the City on October 31, 2009 and cashed out 240
hours of sick leave. This cashout is deemed excess compensation and triggered a required
contribution to PERS 1.
-
There was no Public Hearing.
PUBLIC HEARING
There was no Unfinished Business.
UNFINISHED BUSINESS
NEW BUSINESS
City Attorney Steve Peiffle addressed the annual selection of the Mayor ProTem. Councilmember Oertle
was congratulated on her successful job as Mayor ProTem these past two years. Sally Lien moved and
Dick Butner seconded the motion to elect Steve Baker as Mayor ProTem. The motion was approved with
a unanimous vote.
Selection of Mayor ProTem
Natural Resources Manager Bill Blake introduced Hank Graafstra owner of the Country Charm area. Mr.
Graafstra then spoke regarding the property acquisition, thanking City Staff for their excellent service,
specifically naming Mike Wolanek and Bill Blake. Mr. Peiffle distributed information to the Council and
then explained some small changes in the original acquisition document. There were no Council
questions, Mr. and Mrs. Graafstra were highly praised for their actions.
Graafstra Property Acquisition
Marilyn Oertle moved to authorize the Mayor to sign SRFB Grant Deed of Right and Final Purchase and
Sale Agreement with the Graafstra family for the acquisition of the Country Charm Conservation with the
addition of changes distributed tonight by Mr. Peiffle. Sally Lien seconded the motion that passed with a
unanimous vote.
Finance Director Jim Chase briefly explained the history of the Natural Gas Use Tax. There were no
Council questions, but clarification was made by Chris Raezer and Mr. Chase.
Ordinance Adopting Natural Gas Use Tax
Marilyn Oertle moved to adopt the proposed Ordinance Relating to Imposing a Use Tax on Natural Gas
and adding a new section to Chapter 3.20 of the Arlington Municipal Code. Chris Raezer seconded the
motion that passed with a unanimous vote.
Assistant City Administrator Kristin Banfield gave a brief history of PARC youth school district
representatives. She requested approval of the Ordinance.
Ordinance Adopting Revision to AMC 2.40.101 with Respect to Youth Representation
Marilyn Oertle moved to adopt the proposed Ordinance adopting revisions to AMC Section 2.40.010 with
respect to youth representation. Scott Solla seconded the motion that passed with a unanimous vote.
Ordinance Adopting Revisions to AMC Title 8 and
With many new changes made to these documents, Ms. Banfield suggested that Council vote on
proposed changes at an upcoming Council meeting.
Ordinance Adopting Revisions to AMC Title 9
Marilyn Oertle moved to postpone action on Ordinance Adopting Revisions to AMC Title 8 and
Ordinance Adopting Revisions to AMC Title 9. Dick Butner seconded the motion which passed with a
unanimous vote.
City Administrator Allen Johnson announced a meeting with Silvana Fire Commissioners on Thursday,
March 18 at 7:00PM. He also announced a tentative schedule of events regarding 67th Avenue Phase
INFORMATION
Minutes of the City of Arlington City Council Meeting DRAFT February 1, 2010
Page 3 of 3
3: Public Open House March 2 or 3; presentation of the Alternative Analysis at the March 8 Council
Workshop; a follow-up Council Workshop on March 22; and action taken by Council on April 5.
Mayor Larson gave an update of meetings she had recently attended.
MAYOR’S REPORT
Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Chris Raezer, Linda Byrnes, and Steve Baker gave
brief reports.
CITY COUNCIL COMMITTEE REPORTS
City Attorney announced that there would be no need for an Executive Session.
EXECUTIVE SESSION
With no further business to come before the Council, the meeting was adjourned at 7:52PM.
ADJOURNMENT
____________________________
Margaret Larson, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third
February 8, 2010
City Council Members Present: Dick Butner, Sally Lien, Linda Byrnes, Chris Raezer, Scott Solla, and
Steve Baker
Council Members Absent: Marilyn Oertle (excused)
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Jim Chase, Jim Kelly, Bill Blake, Fire
Chief Jim Rankin, Paul Ellis, Julie Good, Kris Wallace, Cristy Brubaker, Jan Bauer, Steve Peiffle – City
Attorney
Also Known to be Present: Dick Warren
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
Steve Baker moved to approve the agenda as presented. Sally Lien seconded the motion, which passed
with a unanimous vote.
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO ACTION WAS TAKEN
Through the use of a power point presentation Public Works Director Jim Kelly, along with the assistance
of Utilities Staff Accountant Kris Wallace, addressed reasons, the need, costs, and other information
regarding the request for a Sewer Rate Increase. Throughout the presentation Mr. Kelly answered
Council questions. Mr. Dick Warren was thanked for his participation in the project. Finance Director Jim
Chase noted that the rate would also include a tax on the base rate, and it would be good to include that
information for a total of the rate increase for public information.
Sewer Rates
Mr. Kelly spoke to the refuse program grant and then asked for approval by the Council at the February
16, 2010 Council meeting.
Coordinated Prevention Grant 2010-2011
Mr. Kelly noted that this Amendment would continue support of the City’s refuse and recycling program.
Mr. Kelly stated that the Council would be asked for approval of the amendment at the February 16, 2010
Council meeting.
Blue Marble Environmental Contract Amendment #3
Through the use of a power point presentation Environmental Coordinator Bill Blake reviewed draft
shoreline maps indicating the proposed shoreline jurisdiction of the City. There are upcoming public open
houses planed to discuss choices proposed. The Council will be asked to make the final choice.
Throughout the presentation Mr. Blake addressed Council questions and concerns.
Draft Shoreline Master Plan Maps
Minutes of the Arlington
City Council Workshop Meeting
Minutes of the City of Arlington City Council Meeting DRAFT January 8, 2010
Page 2 of 2
Assistant to the City Administrator Paul Ellis talked about the cost of change orders also noting a credit
and that the project cost came in using only 5.3% of the contingency funding. This will be presented for
approval at the next Council meeting.
Airport Office Expansion & Remodel Closeout
City Administrator Allen Johnson discussed reestablishment of the Emergency Management Coordinator
Position. He stated that a two-year partnership has been established with the Hospital and School
District. This will be addressed at the next Council meeting. Mr. Allen answered Council questions.
Reestablishment of Emergency Management Coordinator Position
Assistant City Administrator Kristin Banfield and Mr. Peiffle presented reviewed the Ordinance for Title 8
for Council review. Throughout her presentation Ms. Banfield and Mr. Peiffle answered Council
questions. Council requested the proposed Ordinance for Title 8 be brought to the next Council meeting
for action.
Revisions to AMC Title 8
Ms. Banfield addressed these proposed Revisions would incorporate changes to the AMC Title 9. She
then answered several Council questions. Council members were encouraged to prepare a list of
questions and comments for the response of Police Chief Sullenberger. This item will be brought back to
the February 22, 2010 Council Workshop.
Revisions to AMC Title 9
The meeting was adjourned at 8:40PM into Executive Session for the discussion of pending or potential
litigation [RCW 42.30.110(l)(i)], . It was announced that the Executive Session would last approximately
25 minutes and no action will be taken during or following the session.
At 9:04PM the meeting was resumed, and with no further action, the meeting was immediately adjourned.
_________________________________________________
Margaret Larson, Mayor
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Public Hearing #1
ATTACHMENT B
COUNCIL MEETING DATE:
February 16, 2010
SUBJECT:
CONTINUED PUBLIC HEARING: Remaining
2008 Proposed Comprehensive Plan
Amendments (and Concurrent Rezone)
DEPARTMENT OF ORIGIN:
Community Development
ATTACHMENTS:
-None
City of Arlington
Council Agenda Bill
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
DESCRIPTION:
An application for a Comprehensive Plan Amendment (CPA) and a Land Use Code zoning
map amendment (rezone) is a public hearing review process. It requires a public hearing before
the Planning Commission, after which the Commission’s recommendation on each application
is forwarded to the City Council. The Council holds a closed record hearing on a rezone but may
hold its own public hearing on a CPA before making the decision. (The rezone falls under the
scope of the state’s restriction that only one public hearing be allowed.)
The remaining amendments were proposed for 2008. The project name, number, applicant,
location, and brief description are provided. Because there are still unresolved issues with the
Graafstra Lowlands applications and the plans for the remaining items are still being
completed, it is recommended the Council’s public hearing be continued again.
1. Graafstra Lowlands CPA (PLN20080006) and Concurrent Rezone (PLN20080007), City-
initiated, approximately 137 acres of Graafstra Farm lowland in the City’s UGA at the
northeast part of the City, amend prezoning of Low/Moderate Density Residential (RLMD)
to Public/Semi-Public (P/SP). Action to be continued to May 17, 2010.
2. Transportation CPA (PLN20080022), City-initiated, City-wide, amend Chapter 11 and
update Transportation Comp Plan. A presentation on the proposal will be provided that is
known as the Arterial Circulation Study for the Southeast Arlington Urban Growth Area
and Vicinity. Action to be continued to May 17, 2010.
3. Water System CPA (PLN20080023), City-initiated, City-wide, amend Chapter 11 and
update Water Comp Plan. Action to be continued to May 17, 2010.
4. Sewer System CPA (PLN20080024), City-initiated, City-wide, amend Chapter 11 and
update Sewer Comp Plan. Action to be continued to May 17, 2010.
5. Stormwater System CPA (PLN20080025), City-initiated, City-wide, amend Chapter 11 and
adopt Stormwater Comp Plan to reflect current conditions, update hydraulic and surface
water modeling, identify current stormwater issues, and present capital improvement
project options along with associated costs to address stormwater issues. Action to be
continued to May 17, 2010.
HISTORY:
Applications for CPA’s and rezones were submitted before the January 31, 2008 deadline.
Determinations of Nonsignificance were issued, and Notices of Public Hearing were published,
posted, and mailed. Per AMC Title 20, Land Use Code, Section 20.96.070 ( Ultimate Issue Before
Council on Amendments), in deciding whether to adopt a proposed amendment, the central
issue is whether the proposed amendment advances the public health, safety, or welfare. All
other issues are irrelevant.
City of Arlington
Council Agenda Bill
COMMITTEE REVIEW AND ACTION:
In early 2008, the City Council and Planning Commission held workshops on the CPA’s.
Determinations of Nonsignificance were issued, and Notices of Public Hearing were published,
posted, and mailed. The CPA’s and rezones have been reviewed by the State Department of
Community, Trade, and Economic Development and they had no comments. Both the City
Council and Planning Commission have held several public hearings on these items, and the
Council has taken action on all but these remaining the CPA and rezone applications.
On October 19, 2009, the Council voted to continue their hearing on these remaining items to
February 16, 2010. At their meeting on February 2, 2010, the Planning Commission voted to
continue their hearing to May 4, 2010, to allow more time to complete the studies for the
remaining items.
ALTERNATIVES:
1. See recommended action below; and/or
2. Remand to staff to clarify any issue that Council deems appropriate.
RECOMMENDED ACTION:
1. Continue the public hearing to May 17, 2010, for the remaining 2008 Comprehensive Plan
Amendments (and Concurrent Rezone) listed above (Graafstra Lowlands and
Transportation, Water, Sewer, and Stormwater Comp Plans).
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT C
COUNCIL MEETING DATE:
February 16 , 2010
SUBJECT: DOE Coordinated Prevention Grant
for Waste Reduction and Recycling FY 2010
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Grant Agreement for Grant Offer No. G1000439
EXPENDITURES REQUESTED: $2,800.00
BUDGET CATEGORY: Recycling Budget
LEGAL REVIEW: Reviewed by City Attorney
DESCRIPTION – Council is being requested to approve acceptance of the above noted grant
from the Department of Ecology in the amount of $11,200 ($8,400 DOE Share and $2,800 City
Share) to continue to fund the City’s recycling program for fiscal year 2010.
HISTORY: – The City has been a recipient of the CPG Grant for several years. This funding cycle
is normally a two year grant. However, this cycle the Department of Ecology is splitting the
grant into two separate agreements. The second year funding will be finalized with another
contract agreement in March 2011 and be retroactive to January 1, 2010. The total amount of
possible and anticipated funds for Arlington over the two year period is $23,600. This new
funding method reflects the State’s use of different fund accounts to fund this program.
ALTERNATIVES:
Do not accept the grant.
RECOMMENDED ACTION:
Motion for Council to approve the Department of Ecology Coordinated Prevention Grant
funding for the City’s recycling program and authorize the mayor to sign the grant agreement
for Grant Offer No. G1000439.
Grant No. G1000439
City of Arlington
1
COORDINATED PREVENTION GRANT AGREEMENT
BETWEEN THE
STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF ARLINGTON
Coordinated Prevention Grant Agreement – Grant No.: G1000439.
This is a binding agreement entered into by and between the state of Washington Department of
Ecology, hereinafter referred to as ECOLOGY or DEPARTMENT, and the City of Arlington,
hereinafter referred to as the RECIPIENT, to carry out the activities described herein.
JURISDICTION:
MAILING ADDRESS:
CITY, STATE, ZIP:
City of Arlington (Utilities Division)
154 W. Cox Avenue
Arlington, WA 98223
RECIPIENT GRANT COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
Kris Wallace
360-403-3538
360-435-7944
kwallace@arlingtonwa.gov
RECIPIENT BILLING/INVOICE COORDINATOR:
TELEPHONE:
FAX:
E-MAIL:
Kris Wallace
360-403-3538
360-435-7944
kwallace@arlingtonwa.gov
ECOLOGY GRANT OFFICER:
TELEPHONE:
FAX:
E-MAIL:
Taisa Welhasch
425-649-7266
425-649-7259
taisa.welhasch@ecy.wa.gov
FUNDING SOURCE
MAXIMUM ELIGIBLE COST
STATE GRANT SHARE
LOCAL SHARE
STATE MAXIMUM GRANT PERCENT
FEDERAL TAX IDENTIFICATION NO.
State Building Construction Account
$11,200
$8,400
$2,800
75 %
91-6001401
EFFECTIVE DATE OF THE AGREEMENT January 1, 2010
EXPIRATION DATE OF THE AGREEMENT December 31, 2011
Grant No. G1000439
City of Arlington
2
PART 1: SCOPE OF WORK
The task(s) set forth below summarize the RECIPIENT’S activities to be performed under this
agreement. Costs are limited to those approved by ECOLOGY as outlined in the current scope of
work and budget. Deliverables must be completed by the expiration date of this agreement, including
delivery of purchases, unless otherwise stated in this agreement or approved by ECOLOGY in
writing.
Note: The term “task” as used in this agreement is interchangeable with the term “project” as used
on the online Solid Waste Information Clearinghouse.
This agreement is a “Multi-Phased” agreement. Multi-phased means it will be written with a task’s
full scope of work and a partial budget. Phase One of this agreement includes work performed with
the budget as outlined in Phase One of section Part 2: Fund Source and Budget. Phase Two includes
the remainder of work to be performed and funds are contingent upon the budget appropriation by
the State Legislature for the 2011-2013 biennium.
After the 2011-2013 biennial allocation is secured, ECOLOGY will initiate a formal amendment to
increase funding to support Phase Two. Phase Two work is not authorized for reimbursement until a
formal amendment to increase the budget is executed. RECIPIENTS are not obligated to complete
Phase Two work until a formal amendment to increase the budget is approved.
Any work performed or costs incurred prior to the effective date of this agreement will be at
the sole expense of the RECIPIENT.
The “Maximum Eligible Cost” is the maximum amount of eligible costs incurred by a RECIPIENT
that can be reimbursed at a rate of 75% under this grant. *The “Estimated (total) Task Cost” is for
Ecology information only. It reflects the true cost of completing the full task, including expenses
beyond the Maximum Eligible Cost.
CATEGORY: Waste Reduction and Recycling
MAXIMUM ELIGIBLE CATEGORY COST: $ 11,200
1. TASK TITLE: Commercial Waste Reduction and Recycling
Maximum Eligible Task Cost: $ 4,600
Summary Description: The RECIPIENT, in conjunction with a consultant, will provide recycling
outreach and technical assistance to city businesses and schools. The RECIPIENT will target
businesses and schools that are not recycling and provide them waste reduction and recycling
information, site and follow-up visits, including waste audits. A limited supply of recycling
containers may be purchased and provided to encourage the start up of a recycling program at
businesses and schools.
Grant No. G1000439
City of Arlington
3
Goal Statement: The goal of this task is to increase waste reduction and recycling
participation and diversion at city businesses and schools.
Outcome Statement: Over the two-year grant period, the RECIPIENT expects 10 new
businesses and 3 new schools will participate in waste reduction and recycling programs, diverting
approximately 100 tons of recyclable material from the waste stream.
Work Plan and Activities Timeline: A quarter is defined by calendar year and begins with the
first three months of the grant period.
Quarter Activity
Phase One
Q1 Identify 8 target schools and 40 of the largest waste generating
businesses that are not recycling. Conduct outreach to schools.
Develop and distribute WR&R information materials.
Q2 Develop and distribute WR&R information materials. Conduct
outreach to schools. Purchase bins and related supplies if needed.
Q3 Conduct outreach to businesses. Purchase bins and related supplies
as needed.
Q4 Conduct outreach to businesses and schools. Purchase bins and
related supplies as needed. Provide follow up support to new
participants.
Phase Two
Q5 Continue outreach to businesses and schools. Provide follow-up
support to new WR&R programs.
Q6 Ongoing
Q7 Ongoing
Q8 Ongoing. Evaluate and write final report.
Method of Evaluation: The RECIPIENT will track and report quarterly the number of site visits,
waste audits, number of bins purchased, number of new programs, as well as the tonnage of
recyclables collected.
* Estimated (total) Task Cost: $ 9,800
2. TASK TITLE: Multi-family Property Waste Reduction and Recycling
Maximum Eligible Task Cost: $ 4,600
Grant No. G1000439
City of Arlington
4
Summary Description: The RECIPIENT, in conjunction with a consultant, will provide recycling
outreach and technical assistance to multi-family properties within the city. The RECIPIENT will
target multi-family properties that are not recycling and provide them with recycling information
and assistance starting new recycling programs. Follow-up assistance to multi-family properties
will be provided to support recycling efforts and maintain recycling participation. A limited supply
of recycling containers may be purchased and provided to encourage the start up of a recycling
program at multi-family properties.
Goal Statement: The goal of this task is to increase waste reduction and recycling
participation and diversion at multifamily properties within the city.
Outcome Statement: Over the two-year grant period, the RECIPIENT expects 10 new multi-
family properties will participate, diverting approximately 10 tons of recyclable material from the
waste stream and increase city multi-family recycling participation rate from 80% to 93%.
Work Plan and Activities Timeline: A quarter is defined by calendar year and begins with the
first three months of the grant period.
Quarter Activity
Phase One
Q1 Identify 15 target multi-family properties. Develop and distribute
WR&R information materials.
Q2 Conduct outreach to multi-family properties. Purchase bins and
related supplies, as needed.
Q3 Ongoing
Q4 Ongoing
Phase Two
Q5 Continue outreach to multi-family properties. Provide follow-up
support to new participants.
Q6 Ongoing
Q7 Ongoing
Q8 Ongoing. Evaluate and write final report.
Method of Evaluation: The RECIPIENT will track and report quarterly the number of site visits,
waste audits, number of bins purchased, number of new programs, as well as the tonnage of
recyclables collected.
* Estimated (total) Task Cost: $ 9,800
Grant No. G1000439
City of Arlington
5
3. TASK TITLE: Public Area and Events Recycling
Maximum Eligible Task Cost: $ 2,000
Summary Description: The RECIPIENT will provide portable recycling stations and education at
public events and parks, and place permanent recycling containers in the downtown section of the
city. This task will focus on increasing the use of recycling containers, purchasing bags and
supplies as needed for the program, adding proper recycling labels on containers, and increasing
awareness of the Washington State Event Recycling Law.
Waste reduction and recycling (WR &R) education and outreach will be offered through multiple
methods which may include, but are not limited to: informational hand-outs, newspaper ads,
website announcements and newsletter articles.
Goal Statement: The goal of this task is to increase recycling at public events and in public areas.
Outcome Statement: Over the two-year grant period, the RECIPIENT expects to divert
approximately 6.25 tons of bottles, cans and mixed paper and 1.75 tons of organic food waste,
serving approximately 40,000 residents.
Work Plan and Activities Timeline:
Phase One
Q1 Provide WR&R information to city residents. Purchase bins and
related supplies.
Q2 Provide WR&R information to city residents. Coordinate WR&R
activities and set up at fairs, festivals and public venues.
Q3 Provide WR&R information to city residents. Coordinate WR&R
activities and set up at fairs, festivals and public venues.
Q4 Provide WR&R information to city residents. Purchase bins and
related supplies
Phase Two
Q5 Provide WR&R information to city residents. Purchase bins and
related supplies. .
Q6 Provide WR&R information to city residents. Coordinate WR&R
activities and set up at fairs, festivals and public venues.
Q7 Provide WR&R information to city residents. Coordinate WR&R
activities and set up at fairs, festivals and public venues.
Q8 Provide WR&R information to city residents. Evaluate and write
final report.
Grant No. G1000439
City of Arlington
6
Method of Evaluation: The RECIPIENT will use a database to track the number of bins
purchased/used, calls from interested parties, and media distributed, as well as the tonnage of
recyclables diverted.
* Estimated (total) Task Cost: $ 4,000
PART 2: FUND SOURCE AND BUDGET
Approved costs must be consistent with the most recently approved Spending Plan. Costs cannot
exceed the agreement Budget (Part 2: Section B) without a formal amendment. To change how
funds are allocated between the grant tasks, the RECIPIENT must submit a written request to
ECOLOGY for a Letter Amendment. To change a scope of work or to increase/decrease a grant
amount, the RECIPIENT must complete and submit a Formal Amendment Request form (ECY 070-
113).
A. FUND SOURCE
PHASE ONE (057/J07 9N10C)
$11,200
State Building Construction
Account (SBCA)
75%
$8,400
Cash Match 25% $2,800
Interlocal Costs 0% $0
PHASE TWO
$12,400
State Building Construction
Account (SBCA)
75%
$9,300
Cash Match 25% $3,100
Interlocal Costs 0% $0
Grant No. G1000439
City of Arlington
7
B. BUDGET
Waste Reduction and
Recycling
Commercial Waste
Reduction and Recycling
Multi-family Property
Waste Reduction and Recycling
Public Area and Events
Recycling
PART 3: BUDGET CONDITIONS
A. The RECIPIENT is required to provide a match of 25% of the maximum eligible cost with cash
or interlocal costs. Interlocal costs are the only type of in-kind contributions that may be used as
match.
B. Any work performed or costs incurred prior to the effective date or after the expiration
date of this agreement will be at the sole expense of the RECIPIENT.
C. Overhead is eligible at a rate up to 25 percent of staff salaries and benefits for actual time spent
on tasks outlined in this agreement. Salaries and benefits to administer the grant agreement are
eligible (excluding time spent to write a grant application).
D. To increase or decrease the budget as outlined in this grant agreement, or change the scope of
work for any project outlined in this grant agreement, ECOLOGY requires a formal amendment.
The RECIPIENT must complete and submit a formal amendment using the Formal Amendment
Request form (ECY 070-113).
E. Payments to the RECIPIENT from ECOLOGY shall be made payable to:
Attn: Kris Wallace
Grant No. G1000439
City of Arlington
8
City of Arlington Utilities Division
154 W. Cox Avenue
Arlington, WA 98223
F. If parties other than the RECIPIENT are contributing to the local share of task costs, memoranda
of understanding or other written agreements confirming the contribution shall be negotiated.
These agreements shall specify the exact work to be accomplished and be signed by all parties
contributing to the local match of this task. Copies of these agreements shall be made part of the
RECIPIENT’S grant file and submitted to ECOLOGY.
G. Spending Plans: Approved costs must be consistent with the most recently approved Spending
Plan. The RECIPIENT must submit a revised Spending Plan to ECOLOGY in order to change
the amount of funds spent by quarter. ECOLOGY’S grant officer will approve, by date stamp
and signature, the revised Spending Plan. If quarterly spending exceeds the amount outlined on
the approved spending plan, ECOLOGY reserves the right to hold payment of the overage
depending on the availability of funds. Revised and approved Spending Plans are incorporated
into this agreement by reference.
PART 4: SPECIAL TERMS AND CONDITIONS
A. BILLING AND REPORTING
1. Unless otherwise approved in writing by ECOLOGY, the RECIPIENT shall submit a
payment request to ECOLOGY at least quarterly (by calendar year), but no more often than
once per month.
2. The RECIPIENT shall submit a progress report with each payment request but no less often
than quarterly. These reports shall include activities that support incurred costs shown on the
C1 or C2 of the payment request, and must be submitted on-line through the Solid Waste
Information Clearinghouse.
3. The RECIPIENT must provide to ECOLOGY an up-to-date Spending Plan throughout the
grant period. An updated Spending Plan must be submitted when changes occur that impact
quarterly spending and / or quarterly reimbursement amounts.
4. The RECIPIENT must submit payment requests on approved State Invoice Voucher forms:
A19-1A (ECY 060-02), Form B1 (ECY 060-3) or Form B2 (ECY 060-7), Form C1 (ECY
060-8) or Form C2 (ECY 060-9). These forms are acceptable in electronic format. The
RECIPIENT must also include all backup documentation to support items listed on Form
C1/C2. The budget is organized by task and therefore, the RECIPIENT shall itemize costs by
task on Form C1/C2 and summarize costs by task on Form B1/B2. Forms B1 and C1 are
used only when interlocal costs are used towards the 25% match.
5. For all Planning and Implementation tasks and special tasks in a solid waste enforcement
grant (special tasks do not include regular solid waste enforcement work such as enforcing
solid waste codes) the RECIPIENT must submit a Final Performance Analysis (FPA) report
on-line through the Solid Waste Information Clearinghouse. The final report must be
submitted before ECOLOGY can process a final payment request. The final payment request
Grant No. G1000439
City of Arlington
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and the FPA are due no later than February 14, 2012 for this grant or 45 days after the grant
budget is spent, whichever comes first.
6. For Solid Waste Enforcement tasks, recipients must submit their final quarterly solid waste
enforcement progress report on-line through the Solid Waste Information Clearinghouse no
later than February 14, 2012. Ecology will generate a summary Final Solid Waste
Enforcement report from all the quarterly reports that will serve as the final report needed to
close out the agreement.
7. Progress Report (for both planning and implementation and solid waste enforcement tasks)
and Final Performance Analysis (FPA) can be found on the Grant Details page of the Solid
Waste Information Clearinghouse once the RECIPIENT has logged on as a Registered User.
For instructions on how to become a Registered User, please visit the Coordinated Prevention
Grant website at http://www.ecy.wa.gov/programs/swfa/grants/cpg.html.
B. DOCUMENTATION
1. The RECIPIENT shall submit supporting documents for all costs incurred. Documentation
shall be provided in the order in which it is itemized on Form C1/C2. Supporting
documentation is any document deemed relevant by ECOLOGY to establish the
appropriateness of an expense listed on Form C1/C2. Please see Chapter 6 of the Program
Guidelines for Coordinated Prevention Grants 2010-2011 Grant Cycle, and the
Administrative Requirements for Recipients of Ecology Grants and Loans – Yellow Book,
Ecology Publication #91-18 (Revised September 2005) for guidance.
2. The RECIPIENT shall maintain grant related material and supporting documents in a
common file. This includes cancelled checks, invoices, purchase receipts, payroll records,
time and attendance records, contract award documents, and invoice vouchers sent to
ECOLOGY. The Recipient shall keep all supporting documents for audit purposes for at
least three years after agreement expiration.
3. The RECIPIENT shall use the ECOLOGY provided Form E, or an equivalent time
accounting document approved by ECOLOGY, to record staff hours being charged to the
grant.
4. ECOLOGY may request additional documentation if needed to determine if a cost will be
allowed.
5. Supporting documents shall be clear and legible, and organized by task in the order it was
itemized on Form C1/C2 by the RECIPIENT.
C. OTHER SPECIAL TERMS
1. SOLID AND HAZARDOUS WASTE MANAGEMENT PLANS
Tasks must support implementation of the RECIPIENT’s local solid and hazardous waste
management plans.
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For tasks related to updating a local solid and hazardous waste management plan, the
RECIPIENT agrees to incorporate the intent of the Washington State Hazardous Waste
Management Plan and Solid Waste Management Plan (Beyond Waste Plan) into the local
preliminary draft plan prior to submittal to Ecology for review. The Beyond Waste plan is a 30-
year plan with a clear vision to eliminate wastes and toxics whenever we can and use the
remaining wastes as resources. The recipient agrees to include in their plan update,
recommendations that address at least one of the following elements from the Beyond Waste
Plan: moderate risk waste, organics management or green building.
2. ON-LINE CONTRACTS AND GRANTS MANAGEMENT
Washington State’s Office of Financial Management is developing an on-line contracts and
grants management system. When the system becomes available, all new or active contracts and
grant agreements must be managed in this system. The RECIPIENT agrees to register in the
state vendor registration program and to use the on-line system.
3. TRAINING
The RECIPIENT agrees to participate in any ECOLOGY recommended trainings related to
managing agreements and preparing, processing, and receiving payments.
4. MINORITY AND WOMEN’S BUSINESS PARTICIPATION
The RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-
owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after
the effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated after the effective date of this agreement:
a) Include qualified minority and women's businesses on solicitation lists.
b) Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
e) Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
f) The RECIPIENT should report payments made to qualified firms to ECOLOGY at the
time of submitting each invoice. Please include the following information on ECOLOGY
provided form (Form D).
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g) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub-and/or sub-subcontractors.
h) The total dollar amount paid to qualified firms under this invoice.
5. PROCUREMENT AND CONTRACTS
a) The RECIPIENT shall provide written certification that it will follow its standard
procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS
with no formal procurement procedures must certify that they have complied with the
"Standards for Competitive Solicitation," found in Part V of the Administrative
Requirements for Recipients of Ecology Grants and Loans – Yellow Book, Ecology
Publication #91-18 (Revised September 2005).
b) Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications
(RFQs), requests for proposals (RFPs), and bid documents relating to this grant
agreement to ECOLOGY’S grant officer.
c) Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy
of the draft proposed contract to the ECOLOGY’S grant officer for review and approval.
Following the contract execution, the RECIPIENT shall submit a copy of the final
contract to your ECOLOGY assigned grant officer.
d) Unless a specific purchase of equipment or real property is already written into the grant
agreement, the RECIPIENT must submit a written request to the DEPARTMENT to
purchase any equipment or real property (Property) with a single unit purchase price of
$5,000 or more. The request shall include the justification for the purchase of the
property, the total cost, the intended use, and the anticipated useful life of the property.
The request must be approved in writing by the DEPARTMENT prior to the purchase.
6. USE OF EXISTING CONTRACTS
The RECIPIENT may use existing contracts that conform to adopted procurement
procedures and applicable state laws. The RECIPIENT shall notify ECOLOGY if it used
contracts entered into prior to the execution of the grant agreement for performance of grant-
funded activities. The RECIPIENT shall submit a copy of the contract to its assigned
ECOLOGY grant officer. The grant eligibility of products or services secured by the
RECIPIENT under existing contracts used to perform the scope of work in this agreement
must be deemed allowable and reasonable by ECOLOGY prior to cost reimbursement.
7. PROPERTY AND EQUIPMENT MANAGEMENT AND DISPOSITION
The RECIPIENT must develop an inventory control system, including physical inventory to
document the ongoing use, a serial or vehicle identification number (VIN) and location of the
equipment. The inventory shall be submitted to the DEPARTMENT annually while the
equipment is in use. The RECIPIENT shall investigate, document, and report to the
ECOLOGY any loss, theft or damage upon discovery of such conditions. The RECIPIENT
will follow manufacturer recommended maintenance procedures to keep the property in good
operating condition.
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The RECIPIENT shall submit a written request to the ECOLOGY for any intent to change
the use of the equipment as outlined in this grant agreement, including uses past the
expiration date of this agreement. Disposition of the equipment shall be determined by the
ECOLOGY and documented in writing. A copy of the determination will be provided to the
RECIPIENT upon expiration of the grant agreement.
The ECOLOGY may authorize the RECIPIENT to:
o If the equipment is necessary for the continued operation of the project or
other projects administered through ECOLOGY, the grant officer may instruct
the recipient to retain the equipment with no further compensation to Ecology.
o If the project has no further significant use for the equipment, the grant officer
may instruct the recipient to retain or sell the equipment and pay Ecology an
amount equal to ECOLOGY’s share of the current fair market value, sale
proceeds or other price agreed upon by the grant officer.
o The grant officer may instruct the recipient to transfer title to Ecology or to a
third party named by Ecology who is eligible under existing statutes.
8. TASK INCOME
Any income directly generated as a result of the activities funded by this grant shall be
reported as a credit against the expenses of that activity, as required by ECOLOGY’S
Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005).
9. ALL WRITINGS CONTAINED HEREIN
This agreement, including the “General Terms and Conditions,” the latest approved Spending
Plan, Program Guidelines – Coordinated Prevention Grants 2010-2011, and ECOLOGY’S
Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18
(Revised September 2005), contain the entire understanding between the parties, and there
are no other understandings or representations except as those set forth or incorporated by
reference herein. No subsequent modification(s) or amendment(s) of this grant agreement
shall be of any force or effect unless in writing, signed by authorized representatives of the
RECIPIENT and ECOLOGY and made part of this agreement.
10. ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects
to the archeological or cultural resources. RECIPIENT shall immediately cease work and
notify ECOLOGY if any archeological or cultural resources are found while conducting
work under this agreement. In the event that historical or cultural artifacts are discovered at
the project site, the RECIPIENT shall also notify the state historic preservation officer at the
Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the
National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit
pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to
impact historic properties (such as invasive sampling, dredging, or cleanup actions).
11. PRECEDENCE
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In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving
precedence in the following order: (a) applicable federal and state statutes and regulations;
(b) Scope of Work and most current approved Spending Plan; (c) Special Terms and
Conditions; (d) Coordinated Prevention Grant Program Guidelines (e) any terms incorporated
herein by reference including the Administrative Requirements for Ecology Grants and
Loans, Ecology Publication #91-18 (Revised September 2005); and (f) the General Terms
and Conditions (SS-010 Rev. 04/04).
Part 5: GENERAL TERMS AND CONDITIONS:
Pertaining to Grant and Loan Agreements of the Department of Ecology, SS-010 Rev. 04/04
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the
RECIPIENT and RECIPIENT's employees. The RECIPIENT shall only use contractor/consultant
assistance if that has been included in the agreement’s final scope of work and budget.
B. SUBGRANTEE/CONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement.
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT
pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of
such subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and
engineering services shall be awarded through a competitive process, if required by State law.
RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by
the DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT.
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws,
orders, regulations and permits.
Prior to commencement of any construction, the RECIPIENT shall secure the
necessary approvals and permits required by authorities having jurisdiction over the project, provide
assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies
available to the DEPARTMENT upon request.
2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. If the agreement is federally-funded, the RECIPIENT
Grant No. G1000439
City of Arlington
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shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority
owned businesses.
3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages and
job safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable
state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided
in Section K.1, herein.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or
otherwise involved in this project to give up any part of the compensation to which he/she is
otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract
hereunder.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to
this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and
task or object.
All grant/loan records shall be kept in a manner which provides an audit trail for all
expenditures. All records shall be kept in a common file to facilitate audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or
by any duly authorized audit representative of the State of Washington for a period of at least three
years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such
audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification
and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be
made available to the DEPARTMENT and to any authorized state, federal or local representative for
inspection at any time during the course of this agreement and for at least three years following
grant/loan termination or dispute resolution hereunder.
4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States,
Local Governments & Non Profit Organizations), including the compliance Supplement to OMB
Circular A-133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources. The
RECIPIENT must forward a copy of the audit along with the RECIPIENT’S response and the final
corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall be
accompanied by a statement of the action taken or proposed and any assistance needed from the
Grant No. G1000439
City of Arlington
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DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are
not submitted.
Quarterly reports shall cover the periods January 1 through March 31, April 1 through June
30, July 1 through September 30, and October 1 through December 31. Reports shall be due within
thirty (30) days following the end of the quarter being reported.
J. COMPENSATION
1. Method of compensation. Payment shall normally be made on a reimbursable basis
as specified in the grant agreement and no more often than once per month. Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by the
DEPARTMENT along with documentation of the expenses. Payments shall be made for each
task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the
RECIPIENT and approved as satisfactory by the Project Officer.
The payment request form and supportive documents must itemize all allowable costs
by major elements as described in the Scope of Work. Instructions for submitting the payment
requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV,
published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT.
When payment requests are approved by the DEPARTMENT, payments will be made to the
mutually agreed upon designee.
Payment requests shall be submitted to the DEPARTMENT and directed to the
Project Officer assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the
RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to
the expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein.
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty-five(45) days after the expiration date of this agreement and within
fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to
exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the
project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT's
sole discretion, such payment is reasonable and approved according to this agreement and, as
appropriate, upon completion of an audit as specified under section J.6. herein.
5. Unauthorized Expenditures. All payments to the RECIPIENT may be subject to final
audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs. No reimbursement for overhead costs shall be allowed unless
provided for in the Scope of Work hereunder.
K. TERMINATION
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1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent
upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any
obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds
thereunder and/or terminate this agreement by giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data studies,
surveys, drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department
property and the RECIPIENT shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington
because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold
payments for the purpose of setoff until such time as the exact amount of damages due the
DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is
contingent on the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT
is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate
or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.1
above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein shall be contingent upon
appropriation of funds by the RECIPIENT's governing body; Provided, however, that nothing
contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid
to the RECIPIENT in accordance with Section O herein.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work
on the project funded herein within four months after the effective date of this agreement, or by any
date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a
breach of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials
or invents any patentable property, the RECIPIENT may copyright or patent the same but the
DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish,
recover or otherwise use the material(s) or property and to authorize others to use the same for
federal, state or local government purposes.
Where federal funding is involved, the federal government may have a proprietary
interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35
U.S.C. 200-212.
Grant No. G1000439
City of Arlington
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2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed
reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real
and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in
the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific
instructions with respect thereto in the Scope of Work.
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT
provides personal property directly to the RECIPIENT for use in performance of the project, it shall
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property
is lost, stolen or damaged while in the RECIPIENT's possession, the DEPARTMENT shall be
reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by
this agreement includes funds for the acquisition of land or facilities:
a. Prior to disbursement of funds provided for in this agreement, the
RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to
acquire title for each parcel prior to disbursement of funds provided by this agreement. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's
opinions establishing that the land is free from any impediment, lien, or claim which would impair
the uses contemplated by this agreement.
6. Conversions. Regardless of the contract termination date shown on the cover sheet,
the RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was originally
approved without prior written approval of the DEPARTMENT. Such approval may be conditioned
upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other
conversion or encumbrance which monies granted pursuant to this agreement bear to the total
acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
use of clean energy, and purchase and use of sustainably produced products (e.g. recycled paper).
For more information, see www.ecy.wa.gov/sustainability..
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is
contingent upon satisfactory performance of this agreement including the satisfactory completion of
the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's
sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the
RECIPIENT for those parts of the project that are rendered worthless in the opinion of the
DEPARTMENT by such failure to perform.
Grant No. G1000439
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Interest shall accrue at the rate of twelve percent (12%) per year from the time the
DEPARTMENT demands repayment of funds. If payments have been discontinued by the
DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be
obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any
property acquired under this agreement, at the option of the DEPARTMENT, may become the
DEPARTMENT'S property and the RECIPIENT'S liability to repay monie s shall be reduced by an
amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by
the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be responsible.
In the event there is a dispute with regard to the extent and character of the work to be done, the
determination of the Project Officer or other designated official as to the extent and character of the
work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided
for below.
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact
arising under this agreement which is not disposed of in writing shall be decided by the Project
Officer or other designated official who shall provide a written statement of decision to the
RECIPIENT. The decision of the Project Officer or other designated official shall be final and
conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT
mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have
the opportunity to be heard and to offer evidence in support of this appeal. The decision of the
Director or duly authorized representative for the determination of such appeals shall be final and
conclusive. Appeals from the Director's determination shall be brought in the Superior Court of
Thurston County. Review of the decision of the Director will not be sought before either the
Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of
dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement
and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall participate
in any decision which affects his/her personal interest or the interest of any corporation, partnership
or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal
or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
consultant's fees, and other costs related to the project described herein, except as provided in the
Scope of Work.
2. To the extent that the Constitution and laws of the State of Washington permit, each
party shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or that party's
agents or employees arising out of this agreement.
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T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. 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, and to this end the provisions of this
agreement are declared to be severable.
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal
and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any
terms incorporated herein by reference including the "Administrative Requirements for Ecology
Grants and Loans"; and (e) the General Terms and Conditions.
IN WITNESS WHEREOF, the parties sign this Agreement:
STATE OF WASHINGTON CITY OF ARLINGTON
DEPARTMENT OF ECOLOGY
__________________________________ _____________________________
Laurie G. Davies Date Margaret Larson Date
Program Manager Mayor
Waste 2 Resources
Approved as to form only Assistant Attorney General
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #2
ATTACHMENT D
COUNCIL MEETING DATE:
February 16, 2010
SUBJECT: Amendment to existing contract
with Blue Marble Environmental for
continuing support of the City refuse and
recycling program through 2010-2011.
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Contract Amendment #3 to Professional Services Agreement
EXPENDITURES REQUESTED: $5,900.00 (over 2 year period)
BUDGET CATEGORY: Recycling Fund 2010-2011
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION: Staff is requesting Council approve an amendment to the existing Blue Marble
Environmental contract to provide refuse and recycling services through 2010-2011 in
accordance with the program details contained in the current CPG grant.
HISTORY: The City has applied for and received a Department of Ecology CPG grant for
several years for coordinated refuse and recycling outreach and education efforts. The City
has a contract with Blue Marble Environmental to provide technical assistance with completing
the CPG grant funded recycling program, this assistance includes education and outreach
efforts for commercial recycling, multi-family recycling, and working with the school district.
This amendment to the existing contract will authorize those services for the 2010-2011 CPG
grant term.
ALTERNATIVES:
1. Do not renew contract with Blue Marble and forfeit Grant funds.
2. Table for further discussion.
RECOMMENDED ACTION:
Authorize Mayor to sign contract Amendment #3 to Professional Services Agreement with Blue
Marble Environmental for 2010-2011, not to exceed $5,900.00.
02/04/10 12:09 PM C:\Documents and Settings\kwallace\Local Settings\Temporary Internet Files\Content.Outlook\ZGA8WF7N\Blue Marble Contract Amend 3 (1-22-10).doc
Contract Amendment No. 3
to
Professional Services Agreement
Between Blue Marble Environmental, LLC and City of Arlington
for
City of Arlington Waste Prevention Recycling Program
In accordance with our Professional Services Agreement between the City of Arlington and Blue
Marble Environmental, LLC dated January 3, 2006, this is an authorization to revise and amend the
original contract as described below effective this _____ day of ___________, 2010. The work will be
performed and invoiced in accordance with the terms and conditions listed in the Original Agreement.
It is mutually agreed that the above referenced agreement is amended as follows:
AMENDMENT
Section 1.1: Contractor shall perform services in accordance with the revised Scope of Work for the
City of Arlington 2010-2011 Waste Prevention and Recycling Program included with this
amendment as Attachment A.
Section 2.1: City shall pay Contractor an hourly rate of $80.00, plus verified expenses, for a total
authorized amount not to exceed $23,600.00.
Section 4.3: Contractor’s work authorized by this amendment shall be performed in accordance
with the Coordinated Prevention Grant (Grant No: G1000439) that the City received from the
Department of Ecology for years 2010-2011 for a total eligible cost of $23,600.00 with State Grant
Share of $17,700 (75%) and City of Arlington share of $5,900 (25% match).
Section 6.1: The Director’s Designee shall be Jim Kelly, Public Works Director.
EXECUTION
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above
written. Except as modified herein, the contract between the parties dated January 3, 2006 shall remain in full
force and effect.
Blue Marble Environmental, LLC.
City of Arlington
Signature: Signature:
Title: Title:
Date: Date:
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #3
ATTACHMENT E
COUNCIL MEETING DATE:
February 16, 2010
SUBJECT:
Motion directing staff to prepare a resolution
to place on the 11/2/10 ballot a permanent
levy for EMS service for consideration at the
next Council meeting
DEPARTMENT OF ORIGIN:
Fire
ATTACHMENTS:
-None
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: None
LEGAL REVIEW: Completed
DESCRIPTION:
A resolution of support by the City Council to place renewal of the Emergency Medical Services
Levy on the November 2, 2010 ballot.
HISTORY:
The current EMS levy was approved by the voters in 2004 with an effective date of January
2005. This levy was for a six year levy period and was initially set for $.50 per $1,000 assessed
valuation (AV). However, due to revenue limitation legislation the levy rate has eroded to
$.39/$1,000 AV. At this rate insufficient funds are raised to keep pace with current operating
costs and there are no equipment replacement funds available.
ALTERNATIVES:
Defer placing the initiative on the ballot until 2011.
RECOMMENDED ACTION:
I move that staff is hereby directed to prepare a resolution to place on the 11/2/10 ballot a
permanent levy for EMS service for consideration at the next council meeting.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #4
ATTACHMENT F
COUNCIL MEETING DATE:
February 16, 2010
SUBJECT:
Authorization for the Mayor to sign the
Release and Settlement Agreement
between Snohomish County Fire Protection
District No.12, the City of Marysville,
Marysville Fire District, and the City of
Arlington
DEPARTMENT OF ORIGIN:
Executive / Legal
Contact: Allen Johnson / Steve Peiffle
ATTACHMENTS:
Release and Settlement Agreement between Snohomish County Fire Protection District No.12, the
City of Marysville, Marysville Fire District, and the City of Arlington
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney assisted in the development of the
release and settlement agreement
DESCRIPTION:
The City and Marysville Fire District have agreed to an asset transfer process that follows the
RCWs (RCW 35A.14.380 and RCW 35A.14.400) and interlocal agreements that were executed in
1995 following the settlement of the UGA boundaries between Marysville and Arlington.
Pursuant to the agreements, Arlington is entitled to a pro rata transfer of assets from the District
in the amount of $565,382.77.
HISTORY:
The City assumed the delivery of fire and EMS services in Smokey Point on October 1, 2009,
which triggered the need to settle a transfer of assets from Marysville Fire District to the City of
Arlington.
ALTERNATIVES:
Do not authorize the Mayor to sign the Release and Settlement Agreement
RECOMMENDED MOTION:
I move that Council authorize the Mayor to sign the Release and Settlement Agreement between
Snohomish County Fire Protection District No.12, the City of Marysville, Marysville Fire District,
and the City of Arlington and that all funds received from Marysville District 12 be dedicated to the
Fire Station 46 project.
W/mv/REVISED Release and Settlement Agreement. FD 12/Maryville/Arlington 1
RELEASE AND SETTLEMENT AGREEMENT
This Agreement is entered into this ____ day of _____________, 2010, by and
between Snohomish County Fire Protection District No.12 (“District”), the City of
Marysville, Marysville Fire District (“Marysville”), and the City of Arlington (“Arlington”).
WHEREAS, Arlington has annexed a portion of the District; and
WHEREAS, pursuant to the asset transfer provisions of RCW 35A.14.380 or
35A.14.400 and in accordance with interlocal agreements between the parties, Arlington is
entitled to a pro rata transfer of assets from the District in the amount of $565,382.77; and
WHEREAS, pursuant to interlocal agreements between the parties, Arlington was
obligated to pay Marysville for fire protection and emergency medical services in the
amount of $105,313, which sum has now been paid; and
WHEREAS, the parties desire to enter into this Release and Settlement Agreement
in order to settle and discharge all claims which are, or might have been, the subject matter
of the amounts due and owing as described above;
IN CONSIDERATION OF the above representations and the terms and conditions
set forth below, the parties hereby agree as follows:
1. Payments
. For and in consideration of payments by District to Arlington of
$565,382.77, and by Arlington to Marysville of $105,313 (receipt of which is
acknowledged), the parties agree to settle and resolve all past, present and future claims,
complaints, and causes of action of every kind and nature, arising out of the District’s
obligation to transfer assets to Arlington as a result of the annexation of a portion of the
District by Arlington and arising out of Arlington’s currently unpaid obligation to pay
Marysville for fire protection and emergency medical services. Said payments shall be
made within 30 days of the execution of this Agreement.
2. Release Of All Claims
. Each party does hereby release, acquit and forever
discharge the other parties from any and all claims, actions, expenses and compensation
whatsoever, which said party now has, or which may hereafter accrue on account of or in
any way arising out of, the District’s obligation to transfer assets to Arlington as a result of
the annexation of a portion of the District by Arlington and Arlington’s currently unpaid
obligation to pay Marysville for fire protection and emergency medical services.
3. Compromise of Disputed Claims
. This Agreement is a compromise of
disputed claims and is the product of serious negotiation. The parties understand that this
Agreement is a compromise and is not to be construed as an admission of liability on the
part of any party. The compromise embodied in this Agreement is intended to fully and
finally resolve the claims of all parties.
W/mv/REVISED Release and Settlement Agreement. FD 12/Maryville/Arlington 2
4. Entire Agreement
. This Agreement constitutes the ENTIRE AGREEMENT
between the parties. There are no other or further agreements which modify or amplify the
terms of this Agreement. The terms of this Agreement are contractual and not a mere
recital.
5. Review of Agreement
. The parties acknowledge that they have carefully
read the foregoing provisions and know the contents thereof, have had the opportunity to
review this Agreement with their attorneys, and sign the same as their own free act.
6. Counterparts
. This Release and Settlement Agreement may be signed in
counterparts, each of which shall be valid and recognized as an original.
THE UNDERSIGNED HAVE READ THE FOREGOING RELEASE AND
FULLY UNDERSTAND IT.
SNOHOMISH COUNTY FIRE
PROTECTION DISTRICT NO. 12
______________________________
CHAIRPERSON
Attest:
______________________________
SECRETARY
Approved as to form:
______________________________
FIRE DISTRICT ATTORNEY
CITY OF MARYSVILLE
_______________________________
MAYOR
Attest:
_______________________________
CITY CLERK
Approved as to form:
______________________________
W/mv/REVISED Release and Settlement Agreement. FD 12/Maryville/Arlington 3
CITY ATTORNEY
W/mv/REVISED Release and Settlement Agreement. FD 12/Maryville/Arlington 4
MARYSVILLE FIRE DISTRICT
_____________________________
CHAIRPERSON
Attest:
______________________________
SECRETARY
Approved as to form:
______________________________
DISTRICT ATTORNEY
CITY OF ARLINGTON
______________________________
MAYOR
Attest:
______________________________
CITY CLERK
Approved as to form:
______________________________
CITY ATTORNEY
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #5
ATTACHMENT G
COUNCIL MEETING DATE:
February 11, 2010
SUBJECT:
Employment Contract – Chris Badger,
Emergency Management Coordinator
DEPARTMENT OF ORIGIN:
Executive
Contact: Allen Johnson or Kristin Banfield,
360-403-3441
ATTACHMENTS:
- Employment Contract for Chris Badger
EXPENDITURES REQUESTED: Salary of $82,800 annually is to be split
between the City, Arlington Public Schools,
and Cascade Valley Hospital
The City will fund benefits for this position.
BUDGET CATEGORY: Current Expense – Executive
LEGAL REVIEW: City Attorney prepared the employment
contract
DESCRIPTION:
Council is requested to approve the Employment Contract for Chris Badger to serve as the
City’s Emergency Management Coordinator. The City has partnered with Arlington Public
Schools and Cascade Valley Hospital to fund this position. Each partner is responsible for a
portion of the salary for this position. The City of Arlington will fund the benefits for the
position.
The Emergency Management Coordinator is responsible to prepare and implement emergency
management plans for the entire Arlington community. The City has developed partnerships
with the Arlington Public Schools and Cascade Valley Hospital to ensure that the three main
public agencies in Arlington work together during an emergency situation. The Employee,
while having a direct reporting relationship to the City of Arlington and the City’s Fire Chief,
will still be responsive to Arlington Public Schools and Cascade Valley Hospital.
The City, Arlington Public Schools, and Cascade Valley Hospital are working on a new
Interlocal Agreement that outlines the roles and responsibilities of each party, including the
funding of the Emergency Management Coordinator position.
ALTERNATIVES:
Do not approve the employment contract with Chris Badger.
RECOMMENDED ACTION:
I move Council approve the Employment Contract with Chris Badger to serve as the City’s
Emergency Management Coordinator
City of Arlington
Employment Agreement
This EMPLOYMENT AGREEMENT (the “Agreement”), is made and entered into this _ _
day
of , 2010, by and between Christine Badger (“Employee”) and the CITY OF ARLINGTON, a
Washington municipal corporation (“Employer”). In consideration of the mutual covenants
herein contained, Employee and Employer acknowledge and agree as follows:
I. Employment and Term of Employment.
a. Effective as of the date hereof, Employee shall faithfully and competently and
to the best of her abilities, serve Employer as Emergency Management
Coordinator, subject to the general supervision and direction of the City’s Fire
Chief. The Employee is responsible to prepare and implement emergency
management plans for the entire Arlington community. The City has
developed partnerships with the Arlington School District (“the School
District”) and Cascade Valley Hospital (“the Hospital District”) to ensure that
the three main public agencies in Arlington work together during an
emergency situation. The Employee, while having a direct reporting
relationship to the City of Arlington and the City’s Fire Chief, will still be
responsive to the School District and the Hospital District. The term of
employment shall be for two years, commencing on March 1, 2010 and
concluding no later than February 29, 2012, subject to the provisions of
paragraph I(b) below.
b. The parties intend for this agreement to be effective through February, 2012,
subject to the continuing availability of funding by the City, School District
and Hospital District. The Employer, however, may terminate this agreement
upon giving not less than thirty (30) days’ notice to Employee as set forth in
paragraph IV, below.
II. Compensation; Base Salary; Adjustment to Base Salary. As compensation of
Employee’s services under this Agreement, Employer shall pay and Employee
shall accept a base salary, before all customary payroll deductions, at a rate of
$6,900 per month ($82,800 annually). Any additional compensation will follow
all policies as established in the City’s Employment Policies and Procedures.
III. Benefits. During the term of the Employee’s employment pursuant to this
Agreement, Employer shall provide Employee with employment benefits of such
kind and nature as are offered to all City management employees and described in
Employer’s Employment Policies and Procedures, as the same now exists or may
from time to time hereafter be amended. Employer shall provide Employee with
the following benefits:
a. Vacation and Holidays
b.
. Employee shall accrue vacation hours at a rate of 12
hours per month during the term of this Agreement. The maximum vacation
of balance of 240 hours may be carried over from year to year. Employee
shall be authorized holiday leave as provided to other full-time employees.
Sick Leave
c.
. Employee shall accrue sick leave at the rate of eight (8) hours per
calendar month of employment as provided in the City’s Employment Policies
and Procedures.
Insurance Benefits
d.
. Employer shall provide Employee with insurance benefits
consistent with those provided to all other management employees and
pursuant to the City’s Employment Policies and Procedures.
Professional Memberships
e.
. Employer shall pay the professional dues and
subscriptions necessary for Employee’s continued participation in national,
regional, state and local professional associations and organizations necessary
and desirable for her continued professional growth and advancement, and for
the good of Employer. Expenses incurred shall be subject to limitations
established by the Employer’s annual budget.
Professional Conferences
. Employer shall pay the conference tuition, travel,
food, lodging and incidental expenses of Employee for professional and
official travel, meetings and occasions relating to Employer business as
approved according to Employer’s policies. Expenses incurred shall be
subject to limitations established by the Employer’s budget.
IV. Termination of Employment. Employee’s employment may be terminated
before the expiration of the term of this Agreement only as follows:
a. Employee’s employment pursuant to this Agreement shall terminate
automatically upon the death of the Employee. Promptly thereafter, Employer
shall pay the Employee’s estate the Employee’s base salary at the then current
rate thru the date of death, plus a lump sum cash payment in an amount equal
to Employee’s accrued but unused vacation time and one-third of her accrued
sick leave, up to a maximum of 240 hours, all as provided in the City’s
Employment Policies and Procedures.
b. Employee may terminate her employment pursuant to this Agreement upon no
less than sixty (60) days prior written notice to the Employer. The notice
requirement may be waived in whole or in part by the Mayor with the consent
of the Council at their sole discretion. Promptly following the effective date
of Employee’s termination of her employment pursuant to this section,
Employer shall pay to Employee her base salary through the effective date of
termination, at the then current rate, plus a lump sum cash payment in an
amount equal to Employee’s accrued unused vacation time and one-third of
her accrued sick leave, up to a maximum of 240 hours, all as provided in the
Employer’s Employment Policies and procedures.
c. Employee’s employment pursuant to this Agreement may be terminated at any
time at the sole and exclusive discretion of Employer for any reason or for no
reason. Such termination shall only become effective upon thirty (30) days
notice given to Employee, and the following provisions:
1. If such termination is not for cause, as that term is defined herein,
then Employee shall receive her base salary to the effective date of
this termination, plus a lump sum cash payment in the amount
equivalent to accrued, unused vacation time and one-third of unused
sick leave, up to a maximum of 240 hours, all as provided in
Employer’s Employment Policies and Procedures.
2. If such termination is for cause, as that term is defined herein, the
Employer shall within thirty (30) days after the effective date of
termination of Employee’s employment pursuant to this subsection
pay to Employee her base salary through the date of termination,
plus lump sum cash payment in an amount equivalent to her accrued
but unused vacation. “Cause” shall be limited to the following:
i. Material breach of this Agreement of misconduct by
Employee;
ii. Unreasonable neglect or refusal to perform the duties and
responsibilities assigned to Employee, or failure to provide
an acceptable quality of professional service;
iii. An arrest for a criminal offense, the filing of a complaint,
information or indictment alleging a crime, or a conviction
of any crime.
Cause as defined in subparagraph 2(iii) shall be grounds for
immediate termination and Employee shall not be entitled to
notice. A determination of cause as defined in subparagraphs 2(i)
or (ii) shall be within the sole and exclusive province of Employer;
provided, however, unless and until Employee has been given
written notice from the Mayor of the particular breach, duties,
instruction, policies, or directives she has failed to follow or the
particular respect in which her conduct has been found wanting or
unacceptable and given a reasonable opportunity to correct her
actions (if correctable), Employee may not be terminated for cause.
Employee’s failure or refusal to carry out, implement or adhere to
unlawful policies or directives or duties, or instructions which are
not reasonably capable of being performed generally, or
specifically by her, shall under no circumstances constitute cause.
d. Immediately upon the effective date of termination of employee, Employee
shall cease to perform any activities on behalf of, and will cease to hold
herself out as representing Employer, and will forfeit and return all City
issued equipment and other City owned property assigned to, or in the
possession of the Employee.
V. Provisions of General Applicability
a. Performance Evaluations
b.
. The Fire Chief shall conduct a performance review,
at least annually, and not later than the last day of February of each year.
Amendment.
c.
No amendment or modification of this Agreement shall become
effective unless authorized by the City Council and made in writing and
signed by both Employer and Employee.
Integration
d.
. This document expresses the complete agreement between the
Employer and Employee, and they have not entered into any other
agreements, either oral or written.
Severability
e.
. To the extent any provision of this Agreement shall be found
invalid or unenforceable, it shall be considered deleted here from, and the
remainder of such provision and of this Agreement shall be unaffected and
shall continue in full force and effect.
Notice
. All notices required or permitted to the given hereunder shall be in
writing and shall be given to the parties addressed as follows:
To Employee: Christine Badger
P.O. Box 1624
Mukilteo, WA 98275
To Employer: Mayor Margaret Larson
238 N. Olympic Avenue
Arlington WA 98223
Or at such other address as a party may be notice direct. Notice shall be
deemed given only upon personal service on the party or upon confirmation of
receipt by the U.S. Mail, certified mail, return receipt requested.
IN WITNESS WHEREOF this Agreement has been executed as of the date first written above.
CITY OF ARLINGTON: Employee:
By._________________________________ ________________________________
Margaret Larson Christine Badger
Mayor
Approved as to form:
By:_________________________________
Steven J. Peiffle
City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #6
ATTACHMENT H
COUNCIL MEETING DATE:
February 16th 2010
SUBJECT:
Airport Office Expansion Project Closeout
DEPARTMENT OF ORIGIN:
Capital Projects
Airport
ATTACHMENTS:
Change order #6
EXPENDITURES REQUESTED: Credit of $(2444.54)
BUDGET CATEGORY: Airport Capital Improvements
LEGAL REVIEW: N/A
DESCRIPTION:
The Airport Office Expansion Project has been completed as specified in the contract
documents. The project had six change orders totaling $62,473.82 or about 4.4% of the
base bid cost. Change Order #6 is a credit of $2444.54 and is the last change order for
approval consideration.
HISTORY:
The Airport Office Expansion project added an additional 7400 square feet to the 1389
square foot Airport office. The added space provides offices for WADOT Aviation
along with Public restrooms and meeting space. Pennon Construction was awarded the
contract through a public bid process and began construction in June of 2009. City staff
and WADOT began occupying the building in December 2009.
COMMITTEE REVIEW AND ACTION:
ALTERNATIVES:
RECOMMENDED ACTION:
I move to approve the closeout of the Airport office Expansion project and authorize the mayor
to sign Change order number six.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #7
ATTACHMENT I
COUNCIL MEETING DATE:
February 16, 2010
SUBJECT:
Adoption of Ordinance, Amending and
Repealing Certain Sections of Arlington
Municipal Code Title 8 Relating to Animals
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Proposed Ordinance Amending and Repealing Certain Sections of Arlington Municipal Code
Title 8 Relating to Animals
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: City Attorney has reviewed the proposed
changes.
DESCRIPTION:
The attached proposed ordinance incorporates all the proposed changes to AMC Title 8 that
were reviewed with Council on December 14, January 11, and February 8. AMC Title 8
discusses a variety of issues related to animals, including animal control, animal licensing,
regulates kennels and the possession of exotic animals.
HISTORY:
The City Council has adopted a goal of getting the Arlington Municipal Code online in a
searchable format. To accomplish this, the AMC needs to be updated to reflect current
operations and changes in state law. This is the fifth ordinance prepared for the Council to
update the AMC.
ALTERNATIVES:
Remand the proposed Ordinance back to staff for further specific revisions.
RECOMMENDED MOTION:
I move Council adopt the proposed ordinance Amending and Repealing Certain Sections of
Arlington Municipal Code Title 8 Relating to Animals.
Ordinance No. 2010-xxx 1
ORDINANCE NO. 2010-xxx
AN ORDINANCE OF THE CITY OF ARLINGTON,
WASHINGTON AMENDING AND REPEALING CERTAIN
SECTIONS OF ARLINGTON MUNICIPAL CODE TITLE 8
RELATING TO THE TREATMENT AND CONTROL OF
ANIMALS
WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for
the general welfare of its citizens; and
WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require
revision; and
WHEREAS, the City Council of the City of Arlington has requested revisions be made to
Title 8, relating to the treatment and control of animals;
NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby
ordain as follows:
Section 1. Arlington Municipal Code Section 8.05.030 is amended to read as follows:
8.05.030 Definitions. As used in this chapter, unless the context clearly indicates
otherwise, words in the present tense include the future; the singular includes the plural; plural
usage includes the singular; “shall” means mandatory, not directory; the masculine gender
includes the feminine; and certain words and phrases are defined as follows:
(a)“Abatement” means the termination of any violation of this title by lawful and
reasonable means, in order that a person or persons presumed to be the owner of an animal
comply with this title.
(b)“Abandon” means the act of leaving an animal without food, water or necessary
medical care for twenty-four hours or more; or any situation where the conditions present an
immediate, direct and serious threat to the life, safety or health of the animal.
(c)“Allow” means to permit by neglecting or failing to restrain or prevent.
(d)“Animal” shall have its customary common meaning and shall include any member of
the classes: reptile, amphibian, bird or mammal, except human.
(e)“Animal control authority” means any person or entity or any individual under the
direct supervision and control of the chief of Arlington police department, or any person
employed, contracted with, or appointed by the chief of the Arlington police department as the
animal control authority, whether acting alone or in concert with the police department, for
enforcement of the city and state animal control laws as they pertain to the shelter and welfare of
animals.
Ordinance No. 2010-xxx 2
(f)“Animal shelter” means any facility operated by an organization or government agency
with whom the city has a contractual relationship with for the purpose of impound, care or
destruction of animals.
(g)“At large” means when an animal is outside the premises of the owner and not under
the physical control of the owner or other person designated by the owner.
(h)“Damage to property” means, for the exclusive purpose of this chapter, the actual cost
of materials and/or the labor actually paid to persons to make repairs to restore the property to its
original condition, if the same exceeds one hundred dollars. (i)“Dangerous animal” or
“dangerous dog” means any dog that according to the records of the appropriate authority:
(1) Has inflicted severe injury including transmission of an infectious or
contagious disease on a human being without provocation on public or private property;
(2) Has killed a domestic animal without provocation while off the owner’s
property; or
(3) Has been previously found to be potentially dangerous, the owner having
received notice of such, and the animal having again bitten, attacked, or endangered the
safety of humans or domestic animals. Excluded from this definition is a dog
investigated as potentially dangerous when the threat, injury, or damage is determined to
have been sustained by a person who committed a willful trespass on the owner’s
property; tormented, abused or assaulted the dog or has done so in the past; or committed
or attempted to commit a crime.
(j)“Dog” means any member of one or more species of the genus Canis.
(k)“Domestic animal” means any animal that is usually tamed and bred for the uses of
humans, including dogs, cats, rabbits, horses, mules, cattle, lambs and sheep.
(l)“Enclosure” means a physical structure that prevents the animal from coming into
contact with humans, preventing the entry by young children, preventing escape and prevents the
spread of a communicable disease. The enclosure shall have four sides and a top and protect the
animal from the elements.
(m)“Exotic, wild or dangerous animal” means any member of the animal kingdom which
is not commonly domesticated or which is not common to North America, or which, irrespective
of geographic origin, is of a wild or predatory nature, or any domesticated animal which, because
of its size, vicious nature or other similar characteristics would constitute a danger to human life
or property if not kept, maintained or confined in a safe and secure manner. Incorporated by
reference here are the State Game Department regulations, principally the following: WAC 232-
12-015, 232-12-030, 232-12-040, 232-12-050 and 232-12-060.
(n)“Fowl” means all feathered birds, including all birds kept domestically and all fowl
normally raised for meat or eggs, and includes, but is not limited to, chicken, turkeys, ducks,
roosters, carrier pigeons and geese.
(o)“Grooming parlor” means an establishment that does not keep animals overnight or
during any time when the business is closed; rather animals are kept only for a reasonable time in
order to perform the business of grooming and only during normal business hours.
(p)“Guard or attack dog” means any dog, except those dogs owned or used by a
government agency for law enforcement purposes, which has been trained and is used for
purposes of protection of persons or property by exhibiting hostile or aggressive propensities, or
which will attack on signal or command.
(q)“Harboring” means to provide a place or any premises on which an animal
customarily remains, or to which it customarily returns daily for food and care for a period of ten
Ordinance No. 2010-xxx 3
days. The owner of such a place or premises is presumed to be harboring or keeping the animal
within the meaning of this chapter.
(r)“Kennel” means:
(1) A commercial business operation that provides food and shelter for the
purpose other than medical care or engages in the commercial breeding of animals, but
not including licensed veterinary hospitals or clinic, pet shops or grooming parlors;
(2) Keeping of more than three adult dogs, more than three adult cats or any
combination of cats and dogs where the total exceeds seven, exclusive of fish, insects or
birds as household pets;
(3) Keeping two or more litters of juvenile animals;
(4) The keeping of animals for a commercial purpose which includes making
a profit from the products of the animal, rearing, breeding, sale or lease of an animal;
(5) Any confined outdoor place where the keeping of animals has destroyed
the vegetative cover and material infiltration capacity of the soil or caused an adverse
impact upon the water quality within the watershed; or
(6) Commercial advertising is used on the premises and pertains to the animal
on the premises.
(s)“Livestock” means animals usually found on farms, including but not limited to
horses, mules, bovine animals, sheep, goats, llamas, ostriches and swine. Except, livestock shall
not mean miniature pot-bellied pigs as defined in this section.
(t)“Miniature pot-bellied pig” means a type of swine commonly known as the North
American Vietnamese, Chinese, or Asian pot-bellied pig (Sus scrofa vittatus) that is no more
than twenty-two inches in height at the should and no more than one hundred fifty pounds in
weight and is an in-house pet.
(u)“Nuisance” means any act or situation by a dog that is injurious to the health, safety or
welfare of the public. This specially includes, but not limited to:
(1) Being vicious or by its action potentially vicious;
(2) Chasing or harassing any person;
(3) Chasing a vehicle;
(4) Damaging property that is not the animal’s owners, excluding shared
fences;
(5) Attacking other domestic animals;
(6) Excreting on the private property other than the animal’s owner;
(7) Biting or attacking a person;
(8) Having a communicable disease; or
(9) Injuring or killing a wild animal that is not posing a threat to persons or
property.
(v)“Owner” or “Keeper” means any person or legal entity having a possessory interest in
an animal or who harbors, cares for, exercises control over, or knowingly permits any animal to
remain on premises occupied by him. Any actions exercisable against an owner in this chapter
shall also be exercisable against a keeper. This includes the financial responsibility to care for an
animal including, providing food, shelter, and medical care and paying fees for confinement and
impounding.
(w)“Person” means any individual, corporation, association or any other legal entity, a
partnership, and any other unincorporated association.
Ordinance No. 2010-xxx 4
(x)“Pet shop” is any licensed establishment or premises maintained for the purchase, sale,
or exchange of pets of any type.
(y)“Physical control” means the use of a leash, cord, chain, or other device that is no
longer than eight feet long. However, for training purposes, these may be up to twenty feet long.
(z)“Police dog” means a dog employed by a law enforcement agency that is specially
trained for law enforcement work and under the control of a police dog handler.
(aa)“Potentially dangerous animal” or “potentially dangerous dog” means any animal or
dog that when unprovoked:
(1) Inflicts bites on a human or domestic animal either on public or private
property; or
(2) Chases or approaches a person upon the streets, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack. Police dogs in the line of
duty and guard dogs that are protecting property are excluded from this definition.
(bb) “Potentially dangerous wild animal” means one of the following types of animals,
whether bred in the wild or in captivity, and any or all hybrids thereof:
(1) Class mammalian
a. Order carnivore
i. Family felidae, only lions, togers, captive-bred cougars,
jaguars, cheetahs, leopards, snow leopards, and clouded
leopards;
ii. Family canidae, wolves, excluding wolf-hybrids;
iii. Family ursidae, all bears;
iv. Family hyaenidae, such as hyenas;
b. Order perissodactyla, only rhinoceroses;
c. Order primates, all nonhuman primate species;
d. Order proboscidae, all elephant species;
(2) Class reptilian
a. Order squamata
i. Family atractaspidae, all species;
ii. Family colubridae, only dispholidus typus;
iii. Family elapidae, all species, such as cobras, mambas, kraits,
coral snakes, and Australian tiger snakes;
iv. Family hydrophiidae, all species, such as sea snakes;
v. Family varanidae, only water monitors and crocodile monitors;
vi. Family viperidae, all species, such as rattlesnakes,
cottonmouths, bushmasters, puff adders, and gaboon vipers;
b. Order crocodilian, all species, such as crocodiles, alligators, caimans,
and gavials.
(cc)“Premises” means all the real property under one ownership inside the inner line of a
sidewalk or, if there is no sidewalk, inside of the curb, ditch, or shoulder marking the edge of the
used public right-of-way. “Premises” also means the inside of a closed motor vehicle.
(dd)“Service animal” means an animal that is trained for the purposes of assisting or
accommodating a disabled person’s sensory, mental or physical disability.
(ee)“Severe injury” means any physical injury that results in broken bones or disfiguring
lacerations requiring multiple sutures or cosmetic surgery.
Ordinance No. 2010-xxx 5
(ff)“Wild animal” means any animal living in its natural state and native to the United
States and not normally domesticated, raised, or bred by humans.
Section 2. Arlington Municipal Code Section 8.09.010 is amended to read as follows:
8.09.010 Dog licenses—Required.
(a) It is unlawful for any person, firm, or corporation to own, possess, harbor or maintain
any dog, male or female, over the age of three months, within the city without paying the license
fee and obtaining a license from the agency or department designated by the city council. All
dogs that are over three months of age and are brought into the corporate city limits shall be
registered within thirty days after being brought into the city. The license tag shall be attached to
the animal’s collar so that the animal may be returned to the owner. The animal owner will be
responsible for any costs regarding a licensed but not tagged animal.
(b) License Prohibited. Dogs that are determined to be dangerous by any competent
jurisdiction are prohibited within the city and licensing these animals is prohibited.
(c) License Exemptions. The following are exempt from licensing: Dogs brought
into the city for the purpose of participating in any show; and dogs temporarily kenneled at a
licensed kennel for the sole purpose of breeding, training, hunting, or boarding not to exceed
ninety days.
(d) Guard or Attack Dogs—Additional Requirements. No person shall possess a
guard or attack dog without first obtaining a guard or attack dog license from the city of
Arlington. The application for the guard or attack dog shall certify the following information:
(1) The name and address of the owner of the guard/attack dog, description of
the dog, address and business name, if any, of the premises the dog will guard;
(2) The name and address of the trainer, and the name and address of the
purveyor of the dog;
(3) That the premises the dog will guard is adequately secured for the safety
of the public, meaning that the guard dog shall be kept contained within a building or on a leash
under the control of a person or enclosed within a six-foot solid or chain-link fence of sufficient
height to prevent the dog from reaching persons off the property, and that the owner shall
restrain the guard dog in such a manner that the dog is unable to reach persons using the normal
ingress and egress of the property;
(4) That the owner shall post signs on the premises at all entrances, and in at
least two conspicuous places on the property, clearly warning that a guard/attack dog is on duty
on the premises;
(5) That the user of the guard/attack dog is aware of and understands the
aggressive nature of the dog;
(6) That the owner of the guard/attack dog has surety bond or policy of
liability insurance in the amount of at least one hundred thousand dollars from an insurer
authorized to conduct business in the state of Washington, insuring the owner for any personal
injuries inflicted by the dog; and
Ordinance No. 2010-xxx 6
(7) Proof of microchip identification, microchip number and identification of
the date and location of the microchip implant.
(e) Dog Guides and Service Animals. The city shall honor a request by a blind person
or hearing impaired person not to be charged a fee to license his or her dog guide, or a request by
a physically disabled person not to be charged a fee to license his or her service animal.
Section 3. Arlington Municipal Code Section 8.09.020 is amended to read as follows:
8.09.020 Leash required. It is unlawful for the owner of any dog to at any time cause,
permit or allow such dog to roam, run, stray or to be away from the premises of the owner and to
be on any public place (including but not limited to, school grounds, any public park, or any
public property), or upon the private property of another within the city, unless such dog is under
the control of the owner by a leash. Any dog found roaming, running, straying or being away
from such premises and not on a leash as provided in this section may be impounded subject to
redemption in the manner provided by this chapter. Any case alleging a violation of this section
is to be filed as a civil infraction.
Section 4. Arlington Municipal Code Section 8.09.030 is amended to read as follows:
8.09.030 Unlicensed dogs. Kennels, pet shops or veterinary hospitals may keep
unlicensed animals on the premises temporarily, provided that the premises are securely fenced
or enclosed and the entrances thereto locked when unattended. Each such unlicensed animal
three months of age or older contained within the premises of a kennel, pet shop or veterinary
hospital shall be inoculated against such diseases, and in such a manner as may be prescribed by
a veterinarian and an inoculation certificate provided for each such dog. For dogs over three
months of age, this shall consist of rabies inoculations.
Section 5. Arlington Municipal Code Section 8.09.050 is amended to read as follows:
8.09.050 Animals at large. It is unlawful for the owner of an animal to permit the
animal, whether licensed or not, to run at large at any time. This section shall not apply to cats
or owners of cats or a “guide” or “service” animal as now or hereafter defined in Chapter 70.84 RCW.
Section 6. Arlington Municipal Code Section 8.09.070 is amended to read as follows:
8.09.070 Animals at prohibited public places. When a property is designated by signs as
prohibited to such animals, it is unlawful for an owner to allow any domestic, or exotic animal,
except cats and carrier pigeons, upon any public school playground, publicly maintained park or
play field, any environmentally critical area as defined in AMC Chapter 20.88, or other city
owned property.
Ordinance No. 2010-xxx 7
Section 7. Arlington Municipal Code Section 8.09.100 is amended to read as follows:
8.09.100 Regulations pertaining to kennels, catteries, grooming parlors, pet shops, and
other boarding facilities.
(a) License Required. No person, owner or keeper shall operate any kennel, cattery,
grooming parlor, pet shop, or animal shelter within the city without first obtaining a special
license from the city for this purpose. Licensed veterinary hospitals or clinics are not included
within this prohibition though a land use permit may still be required pursuant to AMC Title 20.
Licenses shall be issued annually by the city, upon receipt of an application, the payment of fees,
and only after satisfactory inspection by the Arlington police department.
(b) Application. A license application for a commercial kennel, boarding
kennel/cattery, grooming parlor, pet shop, animal shelter, or other boarding place shall contain
the following:
(1) Name, address and telephone number of the owner or operator of the
facility, and the name and address of the facility;
(2) The type of license sought and a brief description of the magnitude and
nature of the contemplated operations;
(3) A written statement from the city’s department of community
development or other satisfactory proof that the proposed operation conforms to the city’s zoning
code and all other land use regulations.
(4) Proof that an animal waste disposal plan is present and conforms to
established law.
(c) Term. The license shall be valid for one calendar year, from each January 1st
through the following December 31st.
(d) Fee. The annual license fee shall be assessed as determined by resolution of the
City Council, due and payable on the first business day of each calendar year.
(e) Prorating of License Fee. If operations are commenced in a month other than
January, the applicant must submit the application together with the prorated license fee within
thirty days of commencing operations. The license fee shall be prorated according to the number
of months remaining in the license year.
Section 8. Arlington Municipal Code Section 8.09.115 is amended to read as follows:
8.09.115 Operation and facility requirements. Suitable food, water and bedding shall be
provided to all animals. An employee, keeper or owner shall make sure that animals receive
adequate food, water, care, and necessary cleaning at all times.
(a) Food and bedding shall be stored in a fashion that prevents contamination or
infestation. Refrigeration shall be provided for the protection of perishable foods.
(b) The facilities, both for housing and waste disposal, shall be maintained and
operated in a healthful, sanitary manner free from disease, contamination, infestation and
Ordinance No. 2010-xxx 8
obnoxious or foul odors. Provisions shall be made to ensure that the removal and disposal of
animal and food wastes, bedding, dead animals and debris is done in a manner to minimize
vermin/insect infestation, odors and disease hazards.
(c) Sick, diseased, or injured animals shall be isolated from healthy animals in
quarters adequately ventilated to prevent contamination of healthy animals.
(d) Animals shall receive proper medical treatment whenever necessary and be
immunized from disease as is usual and customary for the animal’s age and species.
(e) Animal housing facilities shall be provided to the animals and shall be structurally
sound, maintained in good repair, and designed to protect the animals from injury and shall
provide sufficient security to contain the animals and prevent the entry of other unwanted
animals.
(f) In addition, each animal housed therein shall be provided with adequate floor
space to allow each animal to turn about freely and to easily stand, sit, and lie in a comfortable
normal position. Animals that are caged, closely confined, or restrained shall be permitted daily,
and for an appropriate length of time, as determined by their size, age and species, to exercise in
a yard or area suitable for that purpose.
(g) The facilities shall include washroom facilities, which include sinks and toilets,
and have hot and cold running water conveniently available to maintain cleanliness among
animal caretakers and for washing utensils and equipment. Water shall be supplied in sufficient
pressure and quantity to clean indoor housing facilities and enclosures of debris and excrement.
(h) Electrical power shall be supplied, in conformance with applicable city, county,
and state electrical codes, adequate to supply heating and lighting as may be required by this
chapter.
(i) Outdoor facilities shall:
(1) Provide shelter and protection from adverse weather;
(2) Provide sufficient room for adequate exercise and movement;
(3) Be fenced at a height of six feet with wood or chain link and have a below
ground barrier sufficient to prevent an animal from digging under the fence; and
(4) Be kept clean.
(j) Indoor facilities shall:
(1) Be heated or cooled to protect the animals from temperatures to which
they are not acclimated;
(2) Be adequately ventilated;
(3) Have interior walls, ceilings and floors which are sealed and are resistant
to absorption of moisture or odors; and
(4) Have flooring with an impervious surface that can be sanitized and had an
adequate drainage system that is connected to a septic system or sanitary sewer to facilitate
cleaning.
Section 9. Arlington Municipal Code Section 8.09.125 is amended to read as follows:
Ordinance No. 2010-xxx 9
8.09.125 Grooming parlors—Conditions—Requirements. Grooming parlors shall:
(a) Not board animals, but keep said animals only for a reasonable time in order to
perform the business of grooming.
(b) Keep each animal in an individual cage sufficient in size and with adequate floor
space to allow each animal to turn about freely and to easily stand, sit, and lie in a comfortable
normal position, while said animal is at the facility.
(c) Not permit animals kept therein for the purpose of grooming to have contact with
any other animals therein.
(d) Sterilize all equipment after each animal has been groomed and each cage after
the animal that occupied it has left.
(e) Not prescribe any treatment or medicine that is in the province of a licensed
veterinarian as provided in RCW 18.92.010.
(f) Take reasonable precautions to prevent injury from occurring to any animals
while in the custody of said parlor, including providing restraining straps for animals when
necessary to prevent injury to the animal while it is being groomed.
(g) Be structurally sound, maintained in good repair, and provide sufficient security
to contain the animals and prevent the entry of other unwanted animals.
(h) Have grooming area with walls, ceilings, and floors that are sealed and are
resistant to absorption of moisture and odors.
(i) Be cleaned and sanitized on a regular basis and the disposal of pet waste must
follow established law.
(j) Not leave animals unattended during the drying process.
Section 10. Arlington Municipal Code Section 8.09.200 is amended to read as follows:
8.09.200 Violation—Penalty. Failure to comply with any provision of this chapter shall
be a civil infraction with a fine of $50.00 for the first and second offense. The third offense is a
misdemeanor punishable by one thousand dollars fine and or ninety days in jail. In addition to
the described penalties, the involved animals may be impounded and kenneled at the owner’s
expense.
(a) Any violation of this chapter not otherwise designated as a misdemeanor or gross
misdemeanor, shall constitute a civil infraction punishable by a fine in an amount not to exceed
$50.00.
(b) Any person violating any provision of this chapter, not otherwise designated as a
misdemeanor or gross misdemeanor, three or more times in any 12-month period shall have
committed a civil infraction punishable by a fine not to exceed $250.00.
(c) Any violation of this chapter designated as a misdemeanor shall be punishable by
a maximum of 90 days in jail and/or a fine not to exceed $1,000.00.
(d) Any violation of this chapter designated as a gross misdemeanor shall be
punishable by a maximum of 365 days in jail and/or a fine not to exceed $5,000.00.
Ordinance No. 2010-xxx 10
Section 11. Arlington Municipal Code Section 8.10.040 is amended to read as follows:
8.10.040 Potentially dangerous and dangerous dog.
(a) Declaration of potentially dangerous/dangerous dogs – Procedure.
(1) The police department shall classify potentially dangerous/dangerous dogs.
The department may find and declare an animal potentially dangerous/dangerous if an animal
control officer has probable cause to believe that the animal falls within the definitions set forth
in AMC 8.05.030. The finding must be based upon:
(a) The written complaint of a citizen who is willing to testify that the
animal has acted in a manner which causes it to fall within the definition of AMC 8. 05. 030; or
(b) Dog bite reports filed with the police department; or
(c) Actions of the dog witnessed by any animal control officer or law
enforcement officer; or
(d) Other substantial evidence.
(2) The declaration of potentially dangerous/dangerous dog shall be in writing
and shall be served on the owner in one of the following methods:
(a) Certified mail to the owner’s last known address; or
(b) Personally; or
(c) If the owner cannot be located by one of the first two methods, by
publication in a newspaper of general circulation.
(3) The declaration shall state at least:
(a) The description of the animal;
(b) The name and address of the owner, if known;
(c) The location of the animal if not in custody of the owner;
(d) The facts upon which the declaration of potentially dangerous dog is
based;
(e) The restrictions placed on the animal; and
(f) The ability and process for appealing the declaration.
(b) Notification of status of potentially dangerous dog.
(1) The owner of a potentially dangerous dog shall immediately notify the police
department when the animal:
(a) Is loose or unconfined off the property; or
(b) Has bitten or injured a human being or another animal; or
(c) Is sold or given away or dies; or
(d) Is moved to another address.
(2) Prior to a potentially dangerous dog being sold or given away, the owner
shall provide the name, address and telephone number of the new owner to the police
department. The new owner shall comply with all the requirements of this chapter.
Ordinance No. 2010-xxx 11
(c) Duties for Keeping a Potentially Dangerous Dog. The owner of a potentially
dangerous dog shall:
(1) Securely confine the dog on the owner’s property either indoors, in a
fenced yard with a locked gate, or in an enclosed open or structure suitable to prevent the entry
of unauthorized persons and preventing the animal’s escape;
(2) Obtain and post signs and maintain them for the duration that the dog is on
the premises to warn the public that the dog is under investigation. The police department and
the animal control authority will determine the placement of said signs.
(3) The dog may leave the property only when muzzled, restrained by a
substantial leash not longer than forty eight (48) inches, and under the physical control of a
person eighteen (18) years or older who is capable of restraining such animal. If the dog is under
investigation for biting, then it must be muzzled in a manner that prevents it from biting but does
not cause pain or obstruction of breathing.
(4) Allow the animal control authority to enter the premises to determine
compliance.
(d) Notice of a Potentially Dangerous Dog. Upon determining that probable cause
exists to believe that a dog is potentially dangerous, the animal control authority may issue a
written notice to the owner. The notice shall contain the following: name and address of the
owner of the dog, description of the dog, and a statement of why the dog was found to be
potentially dangerous.
(e) Impounding a Potentially Dangerous Dog. The animal control authority may
immediately impound a potentially dangerous dog when the owner has failed to comply with any
of the duties described.
(f) Disposition of a Dangerous Dog. A dog that is determined to be dangerous by the
animal control authority using the definitions in this chapter shall be impounded by the animal
control authority and held until it is destroyed or permanently removed from the city under
conditions agreed upon with the animal control authority. If the animal is permanently removed
from the city, then the conditions shall include:
(1) A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW
in a form acceptable to the animal control authority in the sum of at least two hundred
fifty thousand dollars payable to any person injured by the animal; or
(2) A policy of liability insurance, such as homeowner's insurance, issued by an
insurer qualified under Title 48 RCW in the amount of at least two hundred fifty
thousand dollars, insuring the owner for any personal injuries inflicted by the dangerous
dog.
(3) Proof of placement of a microchip that is capable of being scanned by an
“AVID” or equivalent brand microchip scanner;
(4) Consent for initial and subsequent inspection of the enclosure in which the
animal is and will be kept; and
Ordinance No. 2010-xxx 12
(5) Compliance with all the licensing requirements in the jurisdiction where
the animal is to reside.
(g) Prior Convictions for Possessing a Dangerous Dog or RCW 16.08.100. When a
dog that is previously determined to be dangerous attacks or bites a person or another domestic
animal, the dog’s owner is guilty of a gross misdemeanor. In addition, the dog shall be
immediately impounded by the animal control authority, placed in quarantine for a proper length
of time and thereafter destroyed in a humane fashion. The owner of the dog shall be responsible
for all associated costs of impounding and destruction.
(h) Declaration-Appeal Hearing-Procedures. An owner of a dog that is determined to
be dangerous or potentially dangerous can appeal the designation by the animal control authority
to the hearing examiner. The process for perfecting an appeal shall be as prescribed by the
Arlington Municipal Code Chapter 20.20. However, during the appeal period, the restrictions on
the animal shall be followed.
(i) Permits and fees. Following the declaration of a potentially dangerous dog and
the exhaustion of the appeal process, the owner of a potentially dangerous dog shall obtain a
permit for such dog from the office of the city clerk upon proof that all registration requirements
of RCW 16.08.080 have been satisfied, and shall be required to pay $100.00 for the permit. If
the owner fails to obtain a permit or fails to file an appeal, the animal control officer is
authorized to seize and impound the animal and, after notification to the owner, hold the animals
for no more than five days before the destruction of the animal. The Owner/Keeper of this
animal must obtain a surety bond issued by a surety insurer qualified under chapter 48.28 RCW
in a sum of not less than $100,000 payable to a person injured by the dog, or a policy of liability
insurance issued by an insurer qualified under Title 48 RCW in an amount not less than
$100,000 insuring the owner or keeper for personal injuries inflicted by the dog.
(j) Declaration – Impoundment pending appeal. Following service of a declaration
of potentially dangerous or dangerous dog, and pending appeal under AMC 8.10.040(h), the
animal control authority may, if circumstances require, impound the animal at the owner’s or
keeper’s expense, pursuant to the provisions of this chapter, until the municipal court or a higher
court of competent jurisdiction orders either its redemption or destruction.
(k) Impoundment for biting. If a dog classified as a dangerous dog bites a person or
another domestic animal, such dog shall be immediately impounded by the animal control
authority, paced in quarantine for the proper length of time, and thereafter destroyed in an
expeditious and humane manner. Any such animal which is deemed uncatchable by the animal
control authority may be killed by such official if no other reasonable means of capture is
available or such animal continues to be a threat to persons or domestic animals. Reasonable
means of capture may include the use of tranquilizers which, depending upon the animal’s age,
size, and physical condition, may cause death. The owner or keeper of any dangerous dog
impounded and destroyed pursuant to this subsection shall be assessed, in addition to the actual
costs of the quarantine, a civil penalty in the amount of $10.00 per day for each day such
Ordinance No. 2010-xxx 13
dangerous dog is quarantined by the animal control authority and in the amount of $50.00 for the
cost of destroying such dangerous dog.
(l) Dogs exempted – Effect of trespass or tort. The requirement of this chapter
related to potentially dangerous and dangerous dogs shall not apply to dogs registered for use by
law enforcement officials for police work, whether or not such animal is maintained at its
handler’s residence, or to animals held in quarantine by a licensed veterinarian. Dogs shall not
be declared potentially dangerous or dangerous if the threat, injury, or damage was sustained by
a person who, at the time, was committing a willful trespass or other tort upon the premises
occupied by the owner or keeper of the dog or was tormenting, abusing, or assaulting the dog or
has, in the past, been observed or reported to have tormented, abused, or assaulted the dog or was
committing or attempting to commit a crime.
(m) Limitations on ownership of potentially dangerous dogs– Reporting
Requirements.
(1) It is unlawful for an owner or keeper of a potentially dangerous dog to permit
such animal to be outside the proper enclosure, unless the dog is muzzled and restrained
by a substantial chain or leash not longer than 48 inches and under the physical control of
a person 18 years of age or older who is capable of restraining such animal. The muzzle
shall be constructed so that it will not cause injury to the dog or interfere with its vision
or respiration. Such muzzle shall be constructed so that it will prevent the dog from
biting any person or animal. Such dogs shall not be leashed or otherwise tied or tethered
to inanimate objects, such as trees, posts, buildings, mail boxes, newspaper vending
machines, and the like. Dangerous dogs shall wear a bright orange collar, not less than
two inches in width, at all times.
(2) It is unlawful for any person under the age of 18 years to own or keep a
potentially dangerous or dangerous dog within the city limits.
(3) It is unlawful for any person to own or keep more than one potentially
dangerous dog within the city limits.
(4) It is unlawful to transfer ownership of a potentially dangerous dog within
the city limits unless the recipient has complied with the registration and licensing requirements
of this chapter for such animal.
(6) It is unlawful for the owner or keeper of any animal which is subject to
any licensing requirements of the city to fail to report any bites or injuries suffered by any person
or domestic animal as a result of an attack incident or other contact with such animal, regardless
of the geographical location where such attack, incident or other contact occurs.
(7) It is unlawful for any owner or keeper to fail to immediately notify the
animal control authority in writing of:
(a) The removal from the city or death of any dog registered under this
chapter; or
(b) The birth of offspring of any dangerous dog; or
Ordinance No. 2010-xxx 14
(c) The new address of the owner or keeper of any dog registered under
this chapter should such person move within the city limits.
(8) Failure to Comply. Any person who fails to comply with the mandatory
or prohibitory provisions of this section shall be assessed a civil penalty or shall be guilty of a
gross misdemeanor as provided in AMC 8.10.200.
(n) Immunity. The city, the animal control authority, and any animal control officer
executing the responsibilities set forth in this chapter shall be immune from all civil liability for
an action or actions taken pursuant to this chapter, or for failure to take action to enforce the
provisions of this chapter. It is not the purpose or intent of this chapter to create on the part of
the city, its officers, employees, agents, or volunteers a special duty or relationship toward a
specific class of individuals. This chapter has been enacted for the safety and welfare of the
public as a whole.
Section 12. Arlington Municipal Code Section 8.10.080 is amended to read as follows:
8.10.080 Violation—Public Nuisance – Notice of Abatement.
(a) A person violating any provision of this chapter by keeping or maintaining a nuisance
as defined in this chapter, in addition to the fine or imprisonment or both provided for by
Section 8.10.200, shall be ordered by the court to immediately abate and remove such
nuisance and if the same is not done by the offender within twenty four hours of the
order, the nuisance shall be abated and removed under the direction of the chief of police,
or by any other officer authorized by the court, which order of abatement shall be entered
upon the docket of the court and made a part of the judgment in the action. . Upon being
advised of the same, the animal control officer may serve notice upon the owner or
occupant of the subject premises requiring that the nuisance be abated within a period of
not less than three days. It shall be unlawful for any person to fail to comply with the
notice of abatement. Any person found guilty of the failure to comply shall be guilty of a
separate civil infraction for each day of noncompliance.
(b) Public nuisance – Petition – Notice of abatement. Whenever it shall be affirmed
in writing by three or more persons having separate residences or regularly employed in
the neighborhood that any dog is a habitual public nuisance by reason of continued
violations of any section of this chapter, the animal control officer may serve notice upon
the owner or custodian of the dog ordering that the nuisance be abated within a period of
not less than three days. It shall be unlawful for any person to fail to comply with said
notice of abatement, and the same shall be cause for impoundment of the dog.
Section 13. Arlington Municipal Code Section 8.10.120 is amended to read as follows:
8.10.120 Unlawful possession. Any person who has any domestic, or exotic wild
animal, except cats and carrier pigeons, not owned by said person, in their possession or
control without the knowledge of the animal’s owner shall notify the animal control
Ordinance No. 2010-xxx 15
authority within forty-eight hours. Failure to report such possession or to surrender the
animal to the animal control authority upon demand is unlawful.
Section 14. Arlington Municipal Code Section 8.10.200 is amended to read as follows:
8.10.200 Violation—Penalty.
(a) No person shall violate or fail to comply with this chapter.
(b) A first violation of or failure to comply with this chapter within a 12-
month period is a class 3 civil infraction.
(c) A second violation of or failure to comply with this chapter within a 12-
month period is a class 1 civil infraction
(d) A third or subsequent violation of or failure to comply with this chapter
within a 12-month period is a gross misdemeanor.
Section 15. Arlington Municipal Code Section 8.13.030 is amended to read as follows:
8.13.030 Right of entry and inspection onto private property. Law enforcement officers
or any person authorized by the chief of the Arlington police department may enter private
property:
(a) For any reason provided for in this chapter;
(b) With consent of the owner or any adult occupant of any premises, an
officer may enter and inspect the premises where an animal lives to determine compliance with
the provisions of this chapter;
(c) An animal control authority may use reasonable force to forcibly enter the
private property or vehicle of another in the absence of the owner or occupant when, in the
officer’s judgment, an animal on such premises needs emergency assistance to prevent an
animal’s death or serious injury;
(d) An animal control authority may enter the private property of another to
enforce this chapter with a search warrant or when authorized by law;
(e) An animal control authority is authorized to remove and impound any
animal left in a motor vehicle at any location when the officer reasonably believes the animal is
confined in conditions that endanger its health or safety. Notice of the impounding and
disposition of the animal will be left in plain view with the vehicle;
(f) An animal control authority in hot pursuit may enter the private property
of another, with or without a warrant, to take possession of an animal observed to be at large;
(g) A police officer in pursuit of a dog known to be a dangerous or potentially
dangerous dog or reasonably suspected of being dangerous to persons other than wrongful
trespassers upon his or her owner’s premises may enter the premises of the owner and demand
possession of such animal and if, after request therefore, the owner or keeper of the dog shall
refuse to deliver the dog to the officer and the officer cannot with reasonable safety catch the
animal, he or she may then obtain a search warrant authorizing the seizure and impoundment of
Ordinance No. 2010-xxx 16
the dog; except as set forth herein, the officer shall not enter the residence of the owner without
permission or a warrant.
Section 16. Arlington Municipal Code Section 8.10.200 is amended to read as follows:
8.13.040 Impoundment procedure—Generally.
(a) Any police officer, or any person authorized by the chief of the Arlington police
department, is authorized to take into custody and impound any dog in any of the following
situations:
(1) As described previously in this chapter;
(2) When a dog is on public property or the private property of another and
the caretaker or said private property owner requests that the dog be removed; if the owner or
keeper of the dog(s) cannot be quickly and easily located or is unknown;
(3) When a dog is brought to the police department by a private citizen who
has found the dog;
(4) When a dog has been declared potentially dangerous or dangerous
pursuant to this chapter and/or state law and is at large again, or any aggressive or vicious dog
that is at large, or has otherwise violated restrictions placed upon it, or which is in violation of
the restrictions for a dog of that classification;
(5) The dog has been subjected to cruel treatment to the extent that removal is
necessary for immediate safety and well-being of the animal;
(6) The dog’s owner or keeper is incapable or unable to continue to care for it
because of incarceration, severe illness, death, house fire or other emergency circumstances and
an agent for the owner cannot be readily located; or
(7) The dog has bitten a person, breaking or puncturing the skin, and the
owner and/or keeper is unable, incapable or unwilling to provide the ten-day quarantine
requirements. If such a dog is found at large the owner will be deemed unable to quarantine and
it can be impounded.
(b) Impounding Sick or Injured Animals. Whenever animals that are impounded by
the animal control authority are sick or injured and are treated by a licensed veterinarian, the
owner of the animal shall be liable for all costs associated with the treatment.
(c) Notice of Impounding. When any animal is impounded and the owner of the
animal can be reasonably determined, the authority impounding the animal shall attempt to give
notice to the owner by telephone or by leaving written notice at the address of the owner if the
location is within the city of Arlington. However, it shall be the responsibility of the owner to
ascertain that their animal has been impounded and to take such measures to redeem the animal.
Neither the city nor any officer or agent of the city shall be responsible for failing to notify an
animal owner under this chapter.
Section 17. Arlington Municipal Code Section 8.13.070 is amended to read as follows:
Ordinance No. 2010-xxx 17
8.13.070 Chasing vehicles or cyclists. It is unlawful for an owner of a dog to fail to
prevent the dog from chasing or jumping on or at moving vehicles or cyclists lawfully using any
public rights of way or public properties. Any such dog is declared to be a nuisance and may be
immediately seized and impounded. The owner of said dog shall be subject to the penalty
provided for in AMC Section 8.09.080.
Section 18. Arlington Municipal Code Section 8.13.080 is amended to read as follows:
8.13.080 Threat to pedestrians or cyclists. It is unlawful for an owner of a dog to fail to
prevent the dog from snarling, growling, snapping at, or threatening any passersby or other
domestic animals lawfully upon any public rights of way or public properties. Any such dog is
declared to be a nuisance and may be immediately seized and impounded. The owner of said
dog shall be subject to the penalty provided for in Section 8.09.080 of this chapter.
Section 19. Arlington Municipal Code Section 8.17.010 is amended to read as follows:
8.17.010 Keeping animals in the city—General regulations.
(a) Any person being the owner or entitled to the possession of any animal, be it livestock
or of the species of rabbit, fowl or pot-bellied pig, shall be permitted to keep the same
within the limits of the city except if the same is now or may be hereafter forbidden by
ordinance or statute, provided that the following conditions are adhered to.
(1). Livestock are prohibited in all areas other than those defined in Arlington
Municipal Code Chapter 20, Table 20.40-1, permissible use code 14.120.
(2). Livestock shall be kept by securely confining the same in a stable or other
building; or an enclosure surrounded by a secure, well built fence of sufficient
height and strength to confine such animal therein; or the same may be securely
staked out in a vacant lot in such manner that it cannot get upon any street, alley,
or other public place within the city provided that the same is so confined or
staked out as to effectively prevent it from getting within One Hundred (100) feet
of any property line, dwelling or other building in which persons work or are
accustomed to be, or near enough to the property of another to do damage thereto
or commit any nuisance thereupon, specifically including bodies of water and
wildlife corridors; and provided, further, that any such animal shall be considered
as running at large when it breaks away from its fastenings or is herded or
permitted to feed upon any public rights of way or public properties.
(3). All species of fowl, rabbit or pot bellied pigs shall be kept in an approved
building, pen or enclosure.
(4). All such structures shall be located a minimum of twenty-five (25) feet from
any property line or adjacent residence or building, and fifty (50) feet from any
rights of way, public or private.
Ordinance No. 2010-xxx 18
(5). Any building, pen or enclosure which houses such animals shall be kept
clean, healthful and free from unsanitary conditions and disagreeable odors.
(6). All feed or food products shall be kept in secure, tightly sealed, rodent proof
containers.
(7). All manure and other refuse must be kept in secure, tightly sealed containers
and disposed of at least once a week in a manner approved by the animal control
officer.
(b) Hives or colonies of bees shall be kept in a manner in which they are inaccessible
to the general public and so that bee movements to and from the hive do not interfere
with the ordinary movements of persons on adjacent properties or the public right-of-
way. Hives shall be located at least fifty feet from the nearest property line. All colonies
must be registered with the director of the department of agriculture of the state of
Washington as provided in RCW 15.60.021.
(c) If any and all premises whereon any such animals are confined or kept are not
kept in the manner provided in this chapter, such officer or officers shall at once notify
the persons owning, possessing, or using the premises for such purpose to place the same
in a safe, secure, clean, healthful, and sanitary condition, and such person shall forthwith
comply with such order.
(d) Any person violating any of the provisions of this section shall be deemed guilty
of a civil infraction and upon conviction thereof shall be fined an amount as set by
council resolution.
Section 20. Arlington Municipal Code Section 8.17.020 is amended to read as follows:
8.17.020 Potentially dangerous wild animals Prohibited
(a) A person shall not own, possess, keep, harbor, or have custody or control of a
potentially dangerous wild animal, except as provided in subsection (2) of this section.
(1) A person shall not breed a potentially dangerous wild animal.
(2) A person in legal possession of a potentially dangerous wild animal prior
to July 22, 2007, and who is the legal possessor of the animal may keep possession of the
animal for the remainder of the animal’s life. The person must maintain veterinary
records, acquisition papers for the animal, if available, or other documents or records that
establish that the person possessed the animal prior to July 22, 2007, and present the
paperwork to an animal control or law enforcement authority upon request. The person
shall have the burden of proving that he or she possessed the animal prior to July 22,
2007.
Section 21. Arlington Municipal Code Section 8.17.030 is repealed in its entirety.
Section 22. Arlington Municipal Code Section 8.17.040 is repealed in its entirety.
Ordinance No. 2010-xxx 19
Section 23. Arlington Municipal Code Section 8.17.060 is amended to read as follows:
8.17.060 Driving or riding animals so as to endanger persons or property.
It is unlawful for any person to drive, herd or ride a horse or other livestock in the city in
such a manner as to endanger or to be likely to endanger any person or property, or to
drive or ride a horse or other livestock upon any sidewalk in the city at all, or any street
within a business or commercial district of the city; provided, that this section shall not
prohibit any person from driving or herding livestock in a safe manner consistent with
reasonable farming or ranching practices; and provided further, that it is not unlawful to
ride, lead or allow such animals on said streets during authorized parades, or permitted
special events.
Section 24. Arlington Municipal Code Section 8.21.020 is amended to read as follows:
8.21.020 Cruelty.
Every person who overdrives or overloads, or overworks; tortures, torments, or deprives
of necessary sustenance; beats, mutilates, or cruelly kills; or causes, procures, authorizes,
requests or encourages any such act of cruelty and whoever having the charge or custody
of any animal, either as owner or otherwise, inflicts unnecessary suffering or pain upon
the same, or unnecessarily fails to provide the same with proper food, drink, air, light,
space, shelter, or protection from the weather, or who willfully and unreasonably drives
the same when unfit for labor or in a state of discomfort, or who abandons any animal is
guilty of a misdemeanor, punishable in accordance with AMC Section 1.04.010.
Section 25. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 26. Effective Date. A summary of this Ordinance consisting of its title
shall be published in the official newspaper of the City, and shall take effect and be in full force
five (5) days after the date of publication.
Ordinance No. 2010-xxx 20
PASSED by the City Council of the City of Arlington and APPROVED by the Mayor
this ______ day of _____________________, 2010.
CITY OF ARLINGTON
____________________________________
Margaret Larson, Mayor
ATTEST:
___________________________________
Kristin Banfield, City Clerk
APPROVED AS TO FORM:
___________________________________
Steven J. Peiffle, City Attorney
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #8
ATTACHMENT J
COUNCIL MEETING DATE:
February 16th 2010
SUBJECT:
Surplus Property Sale
DEPARTMENT OF ORIGIN:
Executive
Contact: Paul Ellis, 360-403-4603
ATTACHMENTS:
None
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending approval
DESCRIPTION:
The City has received a purchase and Sales agreement for the property located at 197xx 74th
Ave NE. in the amount of $625,000.00. The agreement outlines conventional cash out sale of the
property within 60 days of the executed agreement.
HISTORY:
The five acres of property located south of the Haggen’s store was purchased in 2001 to be used
for a proposed fire station. Subsequent evaluations have suggested that the fire station would
be more efficiently located in another area of the city. Two right of ways were removed of the
property to provide for future roadway. The property is not currently being utilized and was
put on the surplus list at the December 15th 2008 Council meeting.
COMMITTEE REVIEW AND ACTION:
ALTERNATIVES:
RECOMMENDED ACTION:
Authorize the mayor to sign a purchase /sale agreement for surplus property at 197xx 74th Ave
NE. pending legal review.