HomeMy WebLinkAbout04-19-10 Council Meeting
Arlington City Council
April 19, 2010 - 7 PM
City Council Chambers
110 E. Third
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coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
-Amy Spain – Snohomish County Tourism Bureau
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 April 5 & 12, 2010 meetings ATTACHMENT A
2. Accounts Payable
3. Arbor Day Proclamation ATTACHMENT B
4. Relay for Life Proclamation ATTACHMENT C
5. Prothman Contract for Fire Chief Search ATTACHMENT D
PUBLIC HEARING
UNFINISHED BUSINESS
NEW BUSINESS
1. Renewal of the Interlocal Agreement with Snohomish Regional Drug ATTACHMENT E
Task Force
DISCUSSION ITEMS
1. 67th Trail Alignment discussion Discussion only
2. 67th Supplemental Prospectus for obligation of additional grant funds ATTACHMENT F
3. 188th Trail Project Closeout ATTACHMENT G
4. IMCO Change Order No. 5 ATTACHMENT H
5. Kennedy Jenks CM Change order ATTACHMENT I
6. RH2 Change Order ATTACHMENT J
7. Title 12 discussion on proposed update ATTACHMENT K
8. Title 13 discussion on proposed update ATTACHMENT L
INFORMATION
1. Everett Animal Shelter concerning the increasing costs & contractual ATTACHMENT M
violations for the Everett Animal Shelter
2. First Quarter 2010 Finance Report ATTACHMENT N
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
MAYOR’S REPORT
ADMINISTRATOR & STAFF REPORTS
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To download all attachments, click here
09
DRAFT
Page 1 of 3
Council Chambers
110 East Third
April 5, 2010
City Council Members Present by Roll Call: Dick Butner Sally Lien, Linda Byrnes, Marilyn Oertle,
Scott Solla, and Steve Baker
Council Members Absent: Chris Raezer, excused
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Police Chief Robert Sullenberger,
Police Officer Rory Bolter, Jim Chase, Jim Kelly, David Kuhl, Paul Ellis, Cristy Brubaker, Julie Good, Chris
Wallace, Jan Bauer, Steve Peiffle – City Attorney
Also Known to be Present: those many community members supporting Virginia Hatch in her retirement
from the Park Arts and Recreation Commission; George Boulton, Karen Hobson, Gale Fiege – The
Everett Herald, Adam Rudnick – The Arlington Times, Walt Riebe, Kari Ilonummi, and Tom Berry
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. Sally Lien seconded the motion which passed with a
unanimous vote.
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Capital Projects Manager Paul Ellis introduced three members of Arlington’s Co-op Supply Store which is
now at 121 South Olympic Avenue. At this time Rick Newman General Manager Cenex Co-op Supply
briefly spoke. Mr. Newman was then presented the Cornerstone Award.
Cornerstone Award – Co-op Supply
Paul Ellis introduced the recently-retired Virginia Hatch who had served on the PARC for 10 years. Ms.
Hatch was highly instrumental in the development of many Arlington area projects. Mr. Ellis noted some
of these. Jean Olson also spoke in behalf of Virginia and all of her accomplishments. Virginia was then
presented a wooden plaque in appreciation for her devoted service. In addition, she was presented a
plaque of appreciation from the City.
Outgoing PARC Chair Virginia Hatch
There was no one in the audience who wished to speak to matters not on the Agenda.
PUBLIC COMMENT
Steve Baker 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 March 15 and March 22,
2. Minutes of the January 30, 2010 Council Retreat
2010 meetings
3. Accounts Payable
Claims Checks #60022 through #60187 in the amount of $286,310.14, and
Payroll Checks #25439 through #25476 in the amount of $1,186,362.62
4. Civil Service Commission renewal: Howard Christianson, 6-year term to 4-1-2016; Bob Leonard,
4-year term to 4-1-2014
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT April 5, 2010
Page 2 of 3
5. Approval of DAVA request to close various streets and public parking lots for special events
6. Resolution supporting the selection of The Boeing Company to build the next mid-air refueling
tanker
PUBLIC HEARING
With the use of an overhead presentation Public Works Director Jim Kelly gave an update on, and
response to, the various public comments made at previous Sewer Rate Increase Public Hearings. He
then projected the proposed rate increase which does not include the applicable taxes. W ith that, Mr.
Kelly asked for a delay of the action.
Sewer Rate Ordinance
The Public Hearing was continued at 7:32PM.
Tom Barry, 307 North Olympic Avenue, Arlington inquired about the taxes that would be included in the
sewer rate increase. Finance Director Jim Chase answered Mr. Barry’s question.
With no one wishing to speak, the final public hearing was closed at 7:34PM
Dick Butner moved to table the Sewer Rate Ordinance until the May 17 2010 Council meeting. Sally Lien
seconded the motion which was approved with a unanimous vote.
Mr. Kelly answered Council questions, and Mr. Chase stated that monthly sewer/water bills would begin
in June.
There was no Unfinished Business.
UNFINISHED BUSINESS
NEW BUSINESS
Jim Kelly addressed the decreased loan adjustments, the result of monies from the ‘Green Project
Reserve” funding for the Wastewater Treatment Plant Upgrade and Expansion.
DOE Contract Amendments
Dick Butner moved to recommend that the City Council authorize the Mayor to sign the DOE State
Revolving Fund Loan Agreement Amendments for the Wastewater Treatment Plant projects, pending
final review by the City Attorney. Scott Solla seconded the motion that passed with a unanimous vote.
Mr. Kelly noted that Kennedy/Jenks helped in the ‘green’ determination of the Wastewater Treatment
Plant, and he asked for a contract amendment, the result of ‘green’ work provided.
Kennedy / Jenks Change Order
Dick Butner moved to authorize the Mayor to sign Contract Amendment #5 to the Kennedy/Jenks
Construction Management Contract. Sally Lien seconded the motion that passed with a unanimous vote.
Mr. Kelly asked that the City accept a needed utility easement.
Utility Easements from EMJ, LLC (American Boiler Works – ABW)
Scott Solla moved to recommend approval. Marilyn Oertle seconded the motion that passed with a
unanimous vote.
Scott Solla offered a friendly amendment to the previously made motion, and moved that Council accept
the dedication of the easement from EMJ LLC (aka American Boiler Works – ABW). Marilyn Oertle
seconded which passed with a unanimous vote.
With the use of an overhead projection Community Development Director David Kuhl displayed the
annexation site, in addition to the road intersections near the proposed site. He then addressed the
Hilltop Annexation
Minutes of the City of Arlington City Council Meeting DRAFT April 5, 2010
Page 3 of 3
Annexation request. Applicant Tom Barry, from Metron, 307 North Olympic Avenue, was also present
to answer questions. Mr. Barry answered Council questions.
Steve Baker moved to accept the Annexation 10% Petition form for the Hilltop Sports Annexation (File
No. PLN 20100004), allowing the circulation of the 60% petition for annexation, to include the assumption
of their proportionate share of the City’s bonded indebtedness and the assumption of the Comprehensive
Plan Use designation of General Commercial and zoning of General Commercial, and with the
understanding that a Development Agreement will be required prior to the annexation becoming effective.
Dick Butner seconded the motion that passed with a unanimous vote.
Paul Ellis noted upgrades to facilities and grants that had been received for that purpose.
Energy Conservation Grant Agreements
Scott Solla moved to authorize the Mayor to sign grant agreements with the department of Commerce
and Snohomish PUD to fund energy conservation upgrades to seven City facilities. Sally Lien seconded
the motion that passed with a unanimous vote.
Mr. Johnson noted that questions raised by Councilman Baker have been addressed.
DISCUSSION ITEMS
Mayor Larson gave a report on meetings she had recently attended.
MAYOR’S REPORT
Dick Butner, Sally Lien, Scott Solla, Marilyn Oertle, Linda Byrnes and Steve Baker gave brief reports.
COUNCIL MEMBER REPORTS
City Attorney announced the need for an Executive Session for the discussion of pending or potential
litigation [RCW 42.30.110(1)(i)] and to review collective bargaining negotiations, grievances, or
discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)], which
was scheduled to last approximately 25 minutes with a 5-minute break beforehand and with no action to
be taken during or after the meeting.
EXECUTIVE SESSION
The Council adjourned into Executive Session at 8:10PM.
The meeting was reconvened at 8:39PM.
RECONVENE
With no further business to come before the Council, the meeting was adjourned at 8:39PM.
ADJOURNMENT
____________________________
Margaret Larson, Mayor
Page 1 of 4
Recorded by Julie Davis
CASCADE VALLEY HOSPITAL BOARD of COMMISSIONERS,
ARLINGTON CITY COUNCIL, and
ARLINGTON PUBLIC SCHOOLS BOARD of DIRECTORS
JOINT MEETING MINUTES
Monday, April 12, 2010, 6:30 pm
Rainier Conference Room – Cascade Valley Hospital
The Cascade Valley Hospital Board of Commissioners, the Arlington City Council, and the
Arlington Public Schools Board of Directors held a joint meeting on April 12, 2010 at the
Rainier Conference Room, Cascade Valley Hospital, 330 S. Stillaguamish Ave, Arlington, WA,
to discuss matters of mutual interest.
Cascade Valley Hospital hosted, and CVH Commission Chair, Tim Cavanagh, called the
meeting to order at 6:30 pm. He welcomed all who were present.
In attendance were Cascade Valley Hospital Commissioners Tina Davis, Margo Powell, Tim
Cavanagh, John Meno, Steve Peterson, and CVH Administrator Clark Jones, City Council
members Dick Butner, Scott Solla, Linda Byrnes, Steve Baker, and Chris Raezer, Arlington
Mayor Margaret Larson, and City Administrator Allen Johnson, Arlington School Board
Members Jeff Huleatt, Kay Duskin, Jim Weiss, Ursula Ghirardo, and Bob McClure, Student
Advisor Claire Logan, and Superintendent Kristine McDuffy. Council Members Marilyn Oertle
and Sally Lien, and School Board Student Advisor Andy Smith were absent and excused.
Also present were Arlington School District staff members Sid Logan, Diane Kirchner-Scott,
and Julie Davis, City of Arlington staff members Paul Ellis, Jim Chase, Bill Blake, Jim Rankin,
Cristy Brubaker, Chris Badger, Jim Kelly, and Steve Peiffle, and Cascade Valley Hospital staff
member Kathy Harris.
School District Consultant Fred Owyen, SVS Teacher Andy Jones, along with two students,
and a number of community members also attended.
The flag salute was given.
Overview of the CVH New Facility
Hospital Administrator, Clark Jones, shared details about the new hospital facility, noting that
the project came in under budget. Construction went very smoothly, and disruption to
Joint Meeting Minutes
Hospital Commission, City Council, and School Board
Monday, April 12, 2010
Page 2 of 4
Recorded by Julie Davis
Arlington Public Schools
patients and hospital operations was kept to a minimum. He will provide a short tour after the
meeting for anyone who is interested. CVH Commission Chair, Tim Cavanagh,
acknowledged the CVH Foundation for the beautiful roof garden across from the
conference room.
General Updates:
ARLINGTON SCHOOL DISTRICT
Superintendent Kristine McDuffy provided a handout and a brief summary of the
District’s continued focus on student achievement, safe/caring environment,
stewardship, and continuous improvement in the face of budget and enrollment
challenges. She outlined the ways the community can stay informed.
CITY OF ARLINGTON
City Administrator Allen Johnson provided a handout and highlighted the City’s 2010
Goals and Priorities. He also shared brief updates on the Hwy 531 improvements, the
new wastewater treatment plant and the Graafstra property purchase. Additionally,
he noted that Fire Chief, Jim Rankin, will be retiring in July and that the search has
begun for his replacement.
CASCADE VALLEY HOSPITAL
Hospital Administrator, Clark Jones, noted that hospitals tend to be a bit behind in
feeling economic shifts, but they are now seeing volume downturns as more patients
have lost healthcare insurance. He shared about early plans for a Healthcare Center
in Smokey Point, including an Ambulatory Center, Urgent Care Clinic, and more
primary care physicians and specialists. Cascade Valley Hospital partners with Skagit
Valley Hospital to allow them to provide more specialists in the area. This medical
center would probably be completed in about two years.
Hwy 9 & Crown Ridge Blvd Project
Note: The agenda incorrectly identifies the intersection as 186th & Crown Ridge Blvd.
Fred Owyen, Consultant for Arlington Public Schools, and Jim Kelly, Public Works Director for
the City of Arlington, shared a PowerPoint presentation and provided an update on the
project. It began a couple years ago with a SAFETEA-LU grant for a pedestrian overpass, but
when that was deemed not feasible, the School District and the City attempted to have the
funds reallocated, allowing for other surface safety improvements. The City received word
today that the technical correction has not received approval and will probably not be
looked at again until December. In the meantime, WSDOT may fund some minor
improvements if the intersection qualifies as a school crossing.
Joint Meeting Minutes
Hospital Commission, City Council, and School Board
Monday, April 12, 2010
Page 3 of 4
Recorded by Julie Davis
Arlington Public Schools
Nature Projects
Bill Blake, Assistant Community Development Director for the City, shared information about
recent planting projects at Eagle Creek and the former Graafstra property. Andy Jones, SVS
teacher/counselor, with the assistance of two students, shared information and a storyboard
about their wetlands project. The wetlands area is used by many classes and groups.
Stillaguamish Ave Paving Project
The paving of Stillaguamish Ave is budgeted for this year, but the City is waiting for
demolition at the hospital to be completed.
Emergency Management Oversight Committee
Allen Johnson shared information about the oversight piece of the Emergency Management
InterLocal Agreement. He provided a summary of the oversight committee’s recent
meeting, where the three partners reviewed the 2010 Emergency Management plan. They
will now go back to their critical staff to determine individual priorities and goals, and then
each will meet with Chris Badger and Chief Rankin.
Region 1 Hospital Coalition Exercise – “Shake Rattle and Blow”
Chris Badger, Emergency Management Coordinator, shared a PowerPoint presentation and
spoke about a regional conference that she attended on earthquake preparedness. She
shared about the simulation and the direct impacts the local area would face from the
predicted 7.5 South Whidbey Fault earthquake.
Chief Rankin emphasized that these figures are not an exaggeration.
Lawsuit Briefing
Dr. McDuffy provided an update on the District’s OPMA Lawsuit. Tim Cavanagh thanked her
for providing the information, even though it’s a tough subject to talk about. He noted, that
it’s good for public officials to hear the reminders and keep attending trainings.
Relay for Life
Kay Duskin shared about Arlington’s First Relay for Life on June 4-5. She outlined several
fundraising and other events that will be happening around town to raise awareness. There
are already approximately 83 teams and 863 participants registered. The most money ever
raised at a “rookie” (1st year) event was $70,000, and Arlington’s Relay for Life has already
raised $60,000. She encouraged all to participate in some way.
Next Joint Meeting
• November 29, 2010 City Hosts
Joint Meeting Minutes
Hospital Commission, City Council, and School Board
Monday, April 12, 2010
Page 4 of 4
Recorded by Julie Davis
Arlington Public Schools
ADJOURN
With no further business to come before the group, Tim Cavanagh adjourned the meeting at
7:45 pm. An optional tour of the hospital followed.
_______________________________________ _________________________________________
Dr. Jeff Huleatt, President Dr. Kristine McDuffy, Superintendent
Arlington Public Schools Board of Directors Arlington Public Schools
_______________________________________ _________________________________________
Ms. Margaret Larson, Mayor Mr. Steve Peterson, Board Secretary
City of Arlington Cascade Valley Hospital
Board of Commissioners
Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees,
and
Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Arbor Day is
now observed throughout the nation and the world, and
Whereas, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean
the air, produce oxygen and provide habitat for wildlife, and
Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and
Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and
Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal, and
Whereas, Arlington has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue its tree planting
practices
NOW, THEREFORE, I, Margaret Larson, Mayor of the City of Arlington, do hereby proclaim April 24th, 2010 as
Arbor Day
In the City of Arlington, and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and
Further, I urge all citizens to plant trees to gladden the heart and promote the well-being of this and future generations.
Dated this 19th day of April 2010
___________________________
Mayor Margaret Larson
Arbor Day Proclamation
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Consent Agenda #5
ATTACHMENT D
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT:
Authorization for the Mayor to sign a contract
with Prothman Co. to assist the City in the
search for a new Fire Chief
DEPARTMENT OF ORIGIN:
Executive
CONTACT: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Contract with Prothman Company for search services
EXPENDITURES REQUESTED: $18,500 plus expenses
BUDGET CATEGORY: Current Expense – Human Resources
LEGAL REVIEW:
DESCRIPTION:
The City has requested the assistance of Prothman Company to secure the services of a new Fire
Chief with the City. As in the past, Prothman will conduct the search for the City, including all
advertising and recruiting.
Jim Rankin, current Fire Chief, has informed the City that he will be retiring July 1, after almost
5 years of service to the City and over 50 years in the fire service.
HISTORY:
The City of Arlington has utilized the services of Prothman Company multiple times in the last
5 years. Prothman conducted the search for the City Administrator, Community Development
Director, Public Works Director, Utilities Manager, Building Official, Police Chief and most
recently, Finance Director.
ALTERNATIVES:
- Do not authorize the Mayor to sign a contract with Prothman Co.
- Remand to staff for further review and analysis
RECOMMENDED MOTION:
I move that Council authorize the Mayor to sign a contract with Prothman Co. to assist the City
in the search for a new Fire Chief.
3633 136th PL SE, Suite 206♦Bellevue, WA 98006♦206 368 0050 {ph}♦206 368 0060 {fx}♦www.prothman.com
April 15, 2010
Ms. Kristin Banfield
Assistant City Administrator
City of Arlington
238 N Olympic
Arlington, WA 98223
Dear Ms. Banfield:
Thank you for your confidence in Prothman to conduct the recruitment for the City of Arlington’s next
Fire Chief. The following represents a scope of work for this search and associated professional fees
and expenses.
Project Planning & Research
We suggest the following steps as a starting point:
♦ Review the proposed search outline and modify as needed
♦ Develop a project timeline
♦ Identify the geographic scope of the search
• Regional
• Western United States
• National
♦ Decide if a salary survey is needed
This review will provide the City with accurate salary information to evaluate if the
position is at “market rate.” If a survey is needed, we will work with the City to identify
similar cities for compensation comparisons.
♦ Gather and review all relevant documents related to the Fire Chief position and the
City.
♦ Interview key stakeholders.
Identifying the “Ideal” Candidate
The Position Profile includes:
♦ A description of the ideal candidate qualifications
• Years of related experience required
• Previous positions and sizes of communities
• Specific relevant experience
• Education requirements
• Ideal personality traits and work habits
♦ City of Arlington information, including
• City location and quality of life opportunities
• A summary of City services
• Number of City employees and budget size
• A basic description of the position
♦ A description of key issues and priorities facing the City and the Fire Chief position
♦ A description of the compensation package
City of Arlington Finance Director
Search Contract
Page 2
♦ Information on how and when to apply
Recruitment Strategy
We will work with the City to develop a recruitment strategy. We will accomplish this by:
♦ Creating Recruitment Brochures
Highlighting the position and the department
♦ Direct Mail Campaign
Researching and compiling a comprehensive list of potential candidates to be reached
through a direct mail campaign
♦ Direct Contact Calls
Making direct recruiting calls to promising candidates based upon our extensive
personal knowledge of excellent candidates
♦ Ads in Print and on the Web
Creating and placing targeted ads in professional publications, journals and on related
websites targeting qualified candidates
Candidate Screening
We will do so by:
♦ Initial Resume Screening
We will conduct an initial review of all resumes, screening for minimum qualifications.
♦ Supplemental Questions & Applications
The remaining qualified applicants will be asked to complete an application and
Supplemental Questions/Writing Sample. We have found that this exercise provides a
good example of a candidate's writing skills, analytical abilities and communication
style and is an early indicator of his/her philosophy and values.
♦ First Workshop
Based upon the responses to the supplemental questions, we further screen the
applicant pool, bringing the most promising candidates for your review. Using the
application, supplemental questionnaire, resume and other materials submitted by the
candidates, we will work with the City to identify the top semifinalists. We will also begin
preliminary discussions about designing the final interview process.
♦ Consultant Semifinalist Interviews
We will conduct in person or videoconference interviews with each of the semifinalist
candidates.
♦ Second Workshop
Based upon the results of the semifinalist interviews, we will present our findings and
recommendations for your review. We will then work with you to identify four to six
candidates to invite to the final interviews. We will also complete the planning and
design of the final interview process and begin identifying potential interview questions.
Final Interviews
Each of these steps is described below:
♦ Detailed Background Checks
Prior to the final interviews we will conduct a thorough background check on each of
the finalist candidates. If a “red flag” is found we will work diligently to either verify that
the issue is serious enough to eliminate the candidate from further consideration or be
able to fully explain the issue to the City’s satisfaction.
• References
We will ask each candidate to provide names of their supervisors, subordinates and
peers for the last several years. From this list we will conduct detailed reference
checks on the finalist candidates through detailed conversations with the individuals
City of Arlington Finance Director
Search Contract
Page 3
who have direct knowledge of the candidate’s work and management style. We will
also make a point of contacting individuals not on the candidate’s preferred list of
references.
• Education Verification
Prior to the final interviews we will verify that the candidate did in fact graduate with
the degrees listed on their resume. We have found that approximately 1 out of 30
candidates will not have a degree claimed on their resume.
• Criminal History and Driving Record Check
We will conduct a criminal history and driving record check on each candidate in the
states in which they have worked.
• Sex Offender Check
We will verify that the candidate is not a registered sex offender in the states where
they have worked.
• Review of Published Articles
We will conduct a review of published articles for each candidate, including an
internet search utilizing an internet newspaper search engine.
♦ Candidate Travel Coordination
For those candidates who will be traveling to the final interviews, we will coordinate the
travel arrangements, ensuring that each candidate is fully prepared for the final
interviews and not distracted by travel difficulties. We coordinate and finalize air travel,
hotel reservations and rental cars.
♦ Final Interview Binders
The binders include:
• A master schedule of all panels and candidate interviews
• A draft list of suggested interview questions designed to augment questions that you
may wish to ask
• Each candidate’s resume
• Each candidate’s application
• Each candidate’s answers to the supplemental questions
♦ Final Interview Process
Elements of the final interview process include:
• Identifying interview panel participants (if desired by the City)
We will work with the City to identify the participants of different interview panels to
ensure that all stakeholders identified by the City have been represented.
• Providing suggested interview questions for each panel
• Provide (as needed) and coordinate city facilitators for each panel
• Facilitate the City’s selection of the successful candidate
We will assist the City in their final process of determining their top candidate(s).
We will also notify the unsuccessful candidates.
♦ Assisting in Developing a Compensation Package and Letter of Offer
Once the top candidate has been selected, we can also assist the City in
developing a letter of offer outlining the compensation package and further assisting
the City as an on-call advisor until an employment agreement is reached.
Professional Fee & Guarantee
Professional Fees
Fee for professional services is $18,500 plus expenses for the recruitment efforts. Expenses will
vary depending upon direction from the City regarding how geographically broad the recruitment
effort is and where the top candidates come from (travel expenses). A 3% charge will be added to
all pass through expenses which reflects City and State B&O tax obligations. However, all
City of Arlington Finance Director
Search Contract
Page 4
expenses will be discussed and pre-approved by the City prior to expenditure. Expense items
include but are not limited to:
• Newspaper, trade journal websites and other advertising related to the announcement
of the position
• Direct mail announcements and regret letters
• Facsimile and delivery expenses
• Printing of documents and materials
• Consultant travel and related expenses
• Any client-required licenses, fees or taxes
• Travel and related expenses for candidates during the interview process
Professional fees are billed in three equal installments during the course of the search. The first
installment is billed when Prothman begins the project. The second installment is billed at the mid-
point of the recruitment. The final installment is billed at the conclusion of the search. Expenses
are billed monthly.
Guarantee
Our record of success in placing highly qualified candidates provides that Prothman will guarantee
the placement of a qualified candidate. Provided the Client follows our finalist candidate
recommendations and the key elements of the search process as outlined in the proposal, if the
selected finalist candidate is terminated for cause within one year from the employment date, we
will conduct a replacement search with no additional professional fee. The only cost to you would
be the expenses related to the additional search.
Cancellation
You have the right to cancel the search at any time. Your only obligation would be the fees and
expenses incurred prior to cancellation.
Accepted by:
CITY OF ARLINGTON PROTHMAN
Margaret Larson date Greg Prothman date
4/8/10
Mayor President
City of Arlington
Council Agenda Bill
AGENDA ITEM:
New Business #1
ATTACHMENT E
COUNCIL MEETING DATE:
April 26, 2010
SUBJECT:
Renewal of the Interlocal Agreement with
Snohomish Regional Drug Task Force
DEPARTMENT OF ORIGIN:
Police
Contact: Robert Sullenberger, 360-403-3400
ATTACHMENTS:
Interlocal Agreement with Snohomish County
EXPENDITURES REQUESTED: An additional $100 for the remainder of 2010
BUDGET CATEGORY: Police – Narcotics Investigations Expenditures
LEGAL REVIEW: City Attorney Approved
DESCRIPTION:
This is an annual renewal of the interlocal agreement for the City of Arlington to participate in
the Snohomish Regional Drug Task Force. This agreement sets out the terms, the fees, the
organization and the operational conditions of this multi-agency task force and reflects a 1.02%
increase over the current agreement.
HISTORY:
The Task Force was formed in 1988 and the City of Arlington has been a steady participant.
The task Force was founded to work street narcotics and has evolved to investigating the
highest level of drug dealers. The Task Force is staffed by detectives from the Sheriff’s Office
and the City of Everett, and is assisted by a host of local and federal agencies. The Task Force
continues to provide essential assistance to the Police Department especially in the area of
Methamphetamine and they have a specialized team to respond to meth labs. The City’s
financial contribution is only 2.44% of the total but receives far more in returned services. The
Task Force receives a large amount of funding from the Federal government.
ALTERNATIVES:
Non-renewal and withdrawing from participation in the Task Force
RECOMMENDED ACTION:
No action at this time. Council will be requested to authorize the Mayor to sign the Interlocal
Agreement at the May 3, 2010 Council meeting.
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 1
INTERLOCAL AGREEMENT ESTABLISHING
SNOHOMISH REGIONAL DRUG TASK FORCE
This Interlocal Agreement is among Snohomish County, a political subdivision of the
State of Washington, and the following jurisdictions (hereinafter collectively referred
to as the “Participating Jurisdictions”):
City of Arlington City of Monroe
City of Bothell City of Mountlake Terrace
City of Brier City of Mukilteo
City of Darrington City of Snohomish
City of Edmonds City of Stanwood
City of Everett City of Sultan
City of Gold Bar DSHS, Child Protective Services
City of Granite Falls Sauk Suiattle Tribe
City of Index Snohomish Health District
City of Lake Stevens Stillaguamish Tribe
City of Lake Forest Park Swinomish Tribe
City of Lynnwood Tulalip Tribe
City of Marysville Upper Skagit Tribe
City of Mill Creek Washington State Patrol
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 2
WITNESSES THAT:
WHEREAS, the State of Washington Department of Community, Trade, and
Economic Development (hereinafter "CTED"), has received funds from the U.S.
Department of Justice under authority of the Anti-Drug Abuse Act of 1988 to provide
grants to local units of government for drug law enforcement; and
WHEREAS, eligible applicants include cities, counties and Indian tribes; and
WHEREAS, RCW 39.34 permits one or more public agencies to contract with
any one or more other public agencies to perform any governmental service, activity,
or undertaking that each public agency is authorized by law to perform; and
WHEREAS, Snohomish County and CTED have entered into a Narcotics
Control Grant Contract (hereinafter “Grant Contract”) whereby Snohomish County
shall use specified grant funds solely for a regional task force project consistent with
the task force grant application submitted to CTED on or before June 1, 2010, upon
which the Grant Contract is based (by this reference both the Grant Contract and the
grant application are incorporated in this agreement as though set forth fully herein);
and
WHEREAS, the Participating Jurisdictions recognize the above-mentioned
Grant Contract between CTED and Snohomish County; and
WHEREAS, the Participating Jurisdictions desire to participate as members of
the multi-jurisdictional task force with Snohomish County administering task force
project grants on their behalf; and
WHEREAS, the Participating Jurisdictions desire to enter into an agreement
with Snohomish County to enable Snohomish County to continue to be the receiver of
any grant funds related to the task force project; and
WHEREAS, each of the Participating Jurisdictions represented herein is
authorized to perform each service contemplated for it herein;
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 3
NOW, THEREFORE, in consideration of covenants, conditions,
performances and promises hereinafter contained, the parties hereto agree as follows:
1.0 TASK FORCE CONTINUATION, TERM, AND PURPOSE
1.1 The countywide multi-jurisdictional task force, composed of law
enforcement, prosecutor, and support personnel, known as the
Snohomish Regional Drug Task Force (hereinafter "Task Force") was
created pursuant to the Interlocal Agreement Among Participating
Jurisdictions dated January 18, 1988. The Task Force has operated on a
continuous basis since that time under a series of interlocal agreements,
the most recent effective from July 1, 2009, through June 30, 2010. This
agreement shall serve to continue the operation of the Task Force.
1.2 The effective date of this agreement shall be from July 1, 2010, through
June 30, 2011, unless earlier terminated or modified as provided in this
agreement.
1.3 The purpose of the Task Force shall be to formally structure and jointly
coordinate selected law enforcement activities, resources, and functions
in order to disrupt illegal drug trafficking systems and to remove
traffickers through a cooperative program of investigation, prosecution,
and asset forfeiture.
1.4 The Task Force agrees to perform the statement of work indicated in the
Task Force Abstract set forth in the application for funding between
CTED and Snohomish County. Therefore each participating jurisdiction
adopts the following Task Force goals:
• Continue to attack the demand and supply sides of narcotics
trafficking.
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 4
• Continue enforcement efforts directed toward mid and upper
level dealers.
• Continue to assist smaller agencies within Snohomish County
with narcotics enforcement within their towns and cities.
• Continue to provide narcotics enforcement training to smaller
jurisdictions throughout Snohomish County.
1.5 The Task Force shall continue to follow a management system for the
shared coordination and direction of personnel as well as financial,
equipment and technical resources as stated in this agreement.
1.6 The Task Force shall continue to implement operations, including:
a. Development of intelligence
b. Target identification
c. Investigation
d. Arrest of Suspects
e. Successful prosecution of offenders, and
f. Asset forfeiture/disposition
1.7 The Task Force shall evaluate and report on Task Force performance to
CTED as required in the Grant Contract.
2.0 ORGANIZATION
2.1 Exhibit “D”, incorporated herein by this reference, sets forth the
organization of the Task Force.
2.2 The Task Force Executive Board shall be comprised of the Snohomish
County Prosecuting Attorney, the Snohomish County Sheriff, the Everett
Police Chief, the Everett City Prosecutor, and one (1) chief of police
from the remaining Participating Jurisdictions chosen by the chiefs of
police of the remaining Participating Jurisdictions. The Snohomish
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 5
County Sheriff shall serve as Chair of the Executive Board. The Task
Force Executive Board may adopt bylaws providing for appointment of
alternates to attend Executive Board meetings in the absence of
members. At such meetings the alternate shall have the same rights as
the appointing member. Any action taken by the Task Force Executive
Board under this agreement shall be based on a majority vote.
2.3 All law enforcement personnel assigned to the Task Force shall be
directed in their Task Force duties by the Snohomish County Sheriff’s
Office (SCSO) through the Task Force Commander. The Task Force
Commander will be an employee of Snohomish County for all purposes
and, if not a regular SCSO deputy, will hold a special commission for
that purpose.
2.4 Exhibit “A”, incorporated herein by this reference, sets forth the
personnel and related equipment and supplies currently assigned to the
Task Force by each Participating Jurisdiction. Nothing in this agreement
shall restrict the ability of the Snohomish County Prosecuting Attorney,
Snohomish County Sheriff, Everett Police Chief, or chief law
enforcement officer of any Participating Jurisdiction to reassign
personnel and related equipment and supplies now or later assigned to
the Task Force.
3.0 FINANCING
3.1 Exhibit “B” sets forth the Task Force operating budget and is
incorporated herein by reference. Participating Jurisdictions in the
aggregate agree to provide funds that will allow for at least a one-third
match of the funds awarded under the Grant Contract.
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 6
3.2 Exhibit “C” sets forth the Local Match breakdown for the period from
July 1, 2010, to June 30, 2011, and is incorporated herein by reference.
Although State and/or Federal Grant funds may vary from the amount
initially requested, each Participating Jurisdiction agrees to provide
funding that is no less than the amount indicated in Exhibit “C”, and to
pay its funding share to Snohomish County as administrator of Task
Force funds promptly upon request.
3.3 As required by the Grant Contract, each Participating Jurisdiction agrees
the funding it contributes shall be provided in addition to that currently
appropriated to narcotics enforcement activities and that no Task Force
activity will supplant or replace any existing narcotic enforcement
activities.
3.4 Except as modified by section 5.3 below, all revenues collected or
generated by or for the Task Force shall be forwarded to the Snohomish
County Treasurer and placed in a designated special account for the
purpose of supporting Task Force operations, and all real or personal
property of the Task Force will be held in Snohomish County’s name for
the benefit of the Task Force.
3.5 Upon termination of the Task Force, all funds remaining in said special
account shall be disbursed pro rata to the then-current Participating
Jurisdictions in proportion to the percentage of their most recent
financial participation as indicated in Exhibit “C”.
4.0 GENERAL ADMINISTRATION
4.1 Snohomish County agrees to provide CTED with the necessary
documentation to receive grant funds.
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 7
4.2 By executing this agreement, each Participating Jurisdiction agrees to
make any certified assurances required by the Grant Contract that are
within its particular control, and agrees to make all its records related to
the Task Force available for inspection consistent with the Grant
Contract.
4.3 All Task Force contracts and agreements executed on behalf of
Participating Jurisdictions under this agreement must first be approved
on motion of the Task Force Executive Board. By executing this
agreement, each Participating Jurisdiction agrees that, for the purpose of
administering the assets and resources available to the Task Force,
Snohomish County is hereby granted the authority to execute on behalf
of the Participating Jurisdictions all agreements and contracts signed as
approved by the Task Force Executive Board, by and through its Chair,
including but not limited to all contracts for professional services.
Agreements and contracts executed in this manner shall have the same
legal effect as if they were executed by each Participating Jurisdiction.
No such agreement or contract may impose or waive liability with
respect to a Participating Jurisdiction in a manner that is inconsistent
with the hold harmless provision in section 10.0 of this agreement.
4.4 Any dispute arising under this agreement will be forwarded to the Task
Force Executive Board for arbitration. The determination made by the
Executive Board shall be final and conclusive as between the parties.
This provision shall not apply to issues of indemnity and liability
governed by the hold harmless provision in section 10.0 of this
agreement.
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 8
5.0 ASSET FORFEITURE
5.1 The Participating Jurisdictions shall refer all potential asset forfeitures
initiated or investigated by officers assigned to the Task Force during the
pendency of this agreement to the Task Force for disposition at the
discretion of the Task Force Executive Board or prosecuting authority
(Prosecuting Attorney or United States Attorney). Any such referred
asset forfeiture that is pursued in state court will be prosecuted in the
name of Snohomish County on behalf of the Task Force and its
Participating Jurisdictions.
5.2 The Task Force Commander, under the direction of the Task Force
Executive Board, shall manage the acquisition and disposition of assets
seized or forfeited as a result of this agreement in compliance with law
and Task Force Procedures.
5.3 A portion of the net monetary proceeds of each asset forfeiture made by
the Task Force shall be distributed to the involved investigating agencies
commensurate with their participation as determined by prior agreement
between the Task Force Commander and said agencies, or in the absence
of such agreement, by the Task Force Executive Board, prior to
dedication of the remaining proceeds to the Task Force as specified in
section 3.4. As long as the personnel, equipment, and related supply
assignments stated in Exhibit “A” remain unchanged, distributions to
Snohomish County and the City of Everett under this subparagraph shall
be 40 percent each of the net monetary proceeds remaining after
distributions under this subparagraph to Participating Jurisdictions other
than Snohomish County and the City of Everett. If assignments change
from those stated in Exhibit “A”, the Task Force Executive Board may
modify the relative percentage allocations to Snohomish County and the
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 9
City of Everett on a case-by-case or permanent basis. For purposes of
this subparagraph, the term “net monetary proceeds” means cash
proceeds realized from property forfeited during the term of this
agreement that is not retained for use by the Task Force after deducting
all costs and expenses incurred in its acquisition, including but not
limited to the cost of satisfying any bona fide security interest to which
the property may be subject at the time of seizure, the cost of sale in the
case of sold property (including reasonable fees or commissions paid to
independent selling agencies), amounts paid to satisfy a landlord’s claim
for damages, and the amount of proceeds (typically ten percent) payable
to the State of Washington under RCW 69.50.505(9) or similar law.
5.4 Any Participating Jurisdiction receiving a distribution of assets forfeited
under RCW 69.50.505 shall use such assets in accordance with RCW
69.50.505(10), which limits use to the expansion and improvement of
controlled substances related law enforcement activity and prohibits use
to supplant preexisting funding sources.
5.5 Upon termination of the Task Force, the Task Force Executive Board
shall dispose of the Task Force’s interest in assets seized or forfeited as a
result of this agreement in accordance with applicable federal, state and
county requirements, and shall distribute proceeds in accordance with
sections 5.3 and 3.5.
6.0 ACQUISITION AND USE OF EQUIPMENT
6.1 In the event that any equipment is acquired with grant funds, the
Participating Jurisdictions agree that the Task Force will use that
equipment only for specified law enforcement purposes for the term of
the grant.
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 10
6.2 Upon termination of the Task force, any equipment provided by
Participating Jurisdictions will be returned to those respective
jurisdictions.
6.3 Upon termination of the Task Force, the Task Force Executive Board
shall dispose of all acquired equipment in accordance with applicable
federal, state and county requirements, and shall distribute proceeds in
accordance with section 3.5.
7.0 MODIFICATION
7.1 Participating Jurisdictions hereto reserve the right to amend this
agreement in the future from time to time as may be mutually agreed
upon. No such amendment shall be effective unless written and signed
by all then-contributing jurisdictions with the same formality as this
agreement.
8.0 NONDISCRIMINATION PROVISION
8.1 There shall be no discrimination against any employee who is paid by
the grant funds or against any applicant for such employment because of
race, color, religion, handicap, marital status, political affiliation, sex,
age, or national origin. This provision shall include, but not be limited to
the following: employment, upgrading, demotion, transfer, recruitment,
advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training.
9.0 TERMINATION OF AGREEMENT
9.1 Notwithstanding any provisions of this agreement, any party may
withdraw from the agreement as it pertains to them by providing written
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 11
notice of such withdrawal to all other parties, specifying the effective
date thereof at least thirty (30) days prior to such date. A withdrawing
party may take with it any equipment it has loaned or donated to the
Task Force, and shall be entitled to distributions under section 5.3 of this
agreement with respect to asset forfeitures initiated before the effective
date of withdrawal.
9.2 If there is a reduction in funds by the source of those funds, and if such
funds are the basis of this agreement, Snohomish County may
unilaterally terminate all or part of the agreement, or may reduce its
scope of work and budget.
10.0 HOLD HARMLESS
10.1 Each party hereto agrees to save, indemnify, defend and hold the other
parties harmless from any allegations, complaints, or claims of wrongful
and/or negligent acts or omissions, by said party and/or its officers,
agents, or employees to the fullest extent allowed by law. In the case of
allegations, complaints, or claims against more than one party, any
damages allowed shall be levied in proportion to the percentage of fault
attributable to each party, and each party shall have the right to seek
contribution from each of the other parties in proportion to the
percentage of fault attributable to each of the other parties. Moreover,
the parties agree to cooperate and jointly defend any such matter to the
extent allowed by law. An agency that has withdrawn assumes no
responsibility for the actions of the remaining members arising after the
date of withdrawal, but shall remain liable for claims of loss or liability
arising prior to the effective date of withdrawal.
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 12
10.2 The Tulalip Tribes waives sovereign immunity to suit by any party to
interpret or enforce the terms of this Agreement. The parties agree that
in enforcing obligations under this Agreement, a party seeking payment
from the Tulalip Tribes shall look first to the proceeds of any insurance
procured by the Tribes for this purpose. Should any claim exceed the
limit of procured insurance arising from the entry of a final decree in any
court, or by settlement of a civil action mutually agreed to by a party to
this Agreement and the Tribes, the Tribes hereby waives any claim of
immunity or exemption for any assets it holds up to the amount
necessary to discharge the obligation and the costs of collection.
10.3 The Sauk Suiattle Tribe waives sovereign immunity to suit by any party
to interpret or enforce the terms of this Agreement. The parties agree
that in enforcing obligations under this Agreement, a party seeking
payment from the Sauk Suiattle Tribe shall look first to the proceeds of
any insurance procured by the Tribe for this purpose. Should any claim
exceed the limit of procured insurance arising from the entry of a final
decree in any court, or by settlement of a civil action mutually agreed to
by a party to this Agreement and the Tribe, the Tribe hereby waives any
claim of immunity or exemption for any assets it holds up to the amount
necessary to discharge the obligation and the costs of collection.
10.4 The Stillaguamish Tribe waives sovereign immunity to suit by any party
to interpret or enforce the terms of this Agreement. The parties agree
that in enforcing obligations under this Agreement, a party seeking
payment from the Stillaguamish Tribe shall look first to the proceeds of
any insurance procured by the Tribe for this purpose. Should any claim
exceed the limit of procured insurance arising from the entry of a final
decree in any court, or by settlement of a civil action mutually agreed to
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 13
by a party to this Agreement and the Tribe, the Tribe hereby waives any
claim of immunity or exemption for any assets it holds up to the amount
necessary to discharge the obligation and the costs of collection.
10.5 The Swinomish Tribe waives sovereign immunity to suit by any party to
interpret or enforce the terms of this Agreement. The parties agree that
in enforcing obligations under this Agreement, a party seeking payment
from the Swinomish Tribe shall look first to the proceeds of any
insurance procured by the Tribe for this purpose. Should any claim
exceed the limit of procured insurance arising from the entry of a final
decree in any court, or by settlement of a civil action mutually agreed to
by a party to this Agreement and the Tribe, the Tribe hereby waives any
claim of immunity or exemption for any assets it holds up to the amount
necessary to discharge the obligation and the costs of collection.
11.0 GOVERNING LAW AND VENUE
11.1 This agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Washington without reference to
choice of law principles, and venue of any suit between the parties
arising out of this agreement shall be in the Superior Court of Snohomish
County, Washington.
12.0 INTEGRATION
12.1 With the exception of necessary operational agreements between law
enforcement agencies of the Participating Jurisdictions and agreements
pursuant to section 5.3 hereof, this agreement constitutes the whole and
entire agreement among those parties as to the Task Force and no other
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 14
understandings, oral, or otherwise, regarding the Task Force shall be
deemed to exist or bind the parties.
13.0 EXECUTION OF MULTIPLE ORIGINAL COUNTERPARTS
13.1 This agreement may be reproduced in any number of original
counterparts. Each party need sign only one counterpart and when the
signature pages are all assembled with one original counterpart, that
compilation constitutes a fully executed and effective agreement among
all the Participating Jurisdictions. In the event that fewer than all named
parties execute this agreement, the agreement, once recorded as specified
in section 15.0, shall be effective as between the parties that have
executed the agreement to the same extent as if no other parties had been
named.
14.0 SEVERABILITY
14.1 If any part of this agreement is unenforceable for any reason the
remainder of the agreement shall remain in full force and effect.
15.0 RECORDING
15.1 This interlocal agreement will be recorded in compliance with RCW
39.34.040.
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Page 15
In witness whereof, the parties have executed this agreement.
SNOHOMISH COUNTY, approved at the direction of the County Council.
__________________________________
Aaron Reardon, County Executive
DATE: ____________________________
ATTEST:
__________________________
APPROVAL RECOMMENDED:
__________________________________
John Lovick, Sheriff
DATE: ____________________________
Approved as to form only:
__________________________
Deputy Prosecuting Attorney
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Appendix A
Page 1
EXHIBIT A
Snohomish Regional Drug Task Force
Personnel and Basic Equipment Assigned by Jurisdiction
July 1, 2010 through June 30, 2011
EVERETT POLICE DEPARTMENT FUNDING
1 Lieutenant Everett PD
1 Sergeant Everett PD
1 Detective Everett PD
1 Detective Everett PD
1 Detective Everett PD
1 Detective Everett PD
1 Detective Everett PD
1 Detective Everett PD
1 Support Personnel Everett PD
ARLINGTON POLICE DEPARTMENT FUNDING
1 Detective Justice Assistance Grant
GRANITE FALLS POLICE DEPARTMENT FUNDING
1 Detective Justice Assistance Grant
MARYSVILLE POLICE DEPARTMENT FUNDING
1 Detective Marysville PD VACANT
BOTHELL POLICE DEPARTMENT FUNDING
1 Detective Bothell PD
SNOHOMISH COUNTY SHERIFF'S OFFICE FUNDING
1 Task Force Commander Justice Assistance Grant
1 Lieutenant Snohomish County Sheriff
1 Sergeant Snohomish County Sheriff
1 Detective Snohomish County Sheriff
1 Detective Snohomish County Sheriff
1 Detective Snohomish County Sheriff
1 Detective Snohomish County Sheriff
1 Detective Snohomish County Sheriff VACANT
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Appendix A
Page 2
1 Detective Snohomish County Sheriff VACANT
1 Support Staff Justice Assistance Grant
1 Support Staff Snohomish County Sheriff
SNOHOMISH HEALTH DISTRICT FUNDING
1 Local Health Officer Snohomish Health District
SNOHOMISH COUNTY PROSECUTOR'S OFFICE FUNDING
1 Deputy Prosecutor Justice Assistance Grant
1 Deputy Prosecutor
Snohomish County
Prosecutor
1 Support Staff Snohomish County Sheriff
1 Deputy Prosecutor
Snohomish County
Prosecutor
STATE OF WASHINGTON FUNDING
1 Detective Washington State Patrol
1 Case Worker
DSHS, Child Protective
Services
WASHINGTON NATIONAL GUARD FUNDING
1 Intelligence Analyst Washington National Guard
BUREAU OF ALCOHOL TOBACCO AND FIREARMS FUNDING
1 Agent ATF VACANT
DRUG ENFORCEMENT AGENCY FUNDING
1 Agent Drug Enforcement Agency VACANT
IMMIGRATION AND CUSTOMS ENFORCEMENT FUNDING
1 Agent
Immigration And Customs
Enforcement VACANT
0.5 Agent
Immigration And Customs
Enforcement
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Appendix B
Page 1
EXHIBIT B
Snohomish Regional Drug Task Force
Estimated Operating Budget for July 1, 2010 through June 30, 2011
FEDERAL LOCAL
FUNDS MATCH TOTAL
Salaries 205,466 120,670 326,136
Benefits 49,684 29,180 78,864
Contracted Services 119,700 70,300 190,000
Goods and Services 6,300 3,700 10,000
Travel 0 0 0
Training 6,300 3,700 10,000
Equipment 0 0 0
Confidential Funds 0 0 0
TOTALS $387,450 $227,550 * $615,000
* $168,481 from Local Matching Funds; $59,069 from Forfeited Assets Fund
Interlocal Agreement Establishing
Snohomish Regional Drug Task Force – Appendix C
Page 1
EXHIBIT C
Snohomish Regional Drug Task Force
Local Match Breakdowns for July 1, 2010 through June 30, 2011
JURISDICTION POPULATION PERCENTAGE AMOUNT
Arlington 17,150 2.44% $ 4,110.00
Bothell 15,980 2.27% $ 3,829.00
Brier 6,490 0.92% $ 1,555.00
Darrington 1,505 0.21% $ 361.00
Edmonds 40,900 5.81% $ 9,801.00
Everett 103,500 14.70% $ 24,801.00
GoldBar 2,250 0.31% $ 515.00
Granite Falls 3,375 0.48% $ 809.00
Index 155 0.02% $ 37.00
Lake Stevens 25,674 3.65% $ 6,152.00
Lake Forest Park - - $ -
Lynnwood 35,740 5.07% $ 8,564.00
Marysville 57,300 5.32% $ 13,730.00
Mill Creek 18,480 2.62% $ 4,428.00
Monroe 16,710 2.37% $ 4,004.00
Mountlake Terrace 20,960 2.98% $ 5,023.00
Mukilteo 20,110 2.86% $ 4,819.00
Snohomish 9,145 1.30% $ 2,191.00
Snohomish County 297,641 42.26% $ 71,322.00
Stanwood 5,590 0.79% $ 1,339.00
Sultan 4,555 0.65% $ 1,091.00
DSHS, CPS - - $ -
Sauk Suiattle Tribe - - $ -
Snohomish Health District - - $ -
Stillaguamish Tribe - - $ -
Swinomish Tribe - - $ -
Tulalip Tribes - - $ -
Washington State Patrol - - $ -
PARTICIPATING JURISDICTIONS’ TOTALS: $ 168,481
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Discussion #2
ATTACHMENT F
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT: 67th Phase III – Local Agency
Supplement Agreement
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• Local Agency Supplement Agreement - Draft
EXPENDITURES REQUESTED: $5,000.00
BUDGET CATEGORY: Transportation Improvement
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION: Approval of the documents for signature by the Mayor and Public Works
Director as required by WSDOT to obligate additional grant funding to the 67th Phase III project
in the amount of $724,994.00 and to enter into contract with WSDOT Local Programs for
$5,000.00 to be paid from the City’s Transportation Improvement Fund.
HISTORY: The City of Arlington obtained $1.9 million in federal grant funding for the 67th
Phase III project. The Supplement to the original LAG agreement allows the City to obligate
additional funding for the project and also authorizes WSDOT to bill the City for up to
$5,000.00 in services to be provided by the WSDOT local programs division. The attached
document is in draft form and is currently being reviewed by WSDOT Local Programs.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending additional discussion
RECOMMENDED ACTION:
No Action is requested at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Discussion #3
ATTACHMENT G
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT:
188th Street Trail Construction Acceptance
Letter - DRAFT
DEPARTMENT OF ORIGIN:
Public Works – James Kelly
ATTACHMENTS:
• Draft Construction Acceptance Letter
• Payment Application #5 - Final
EXPENDITURES REQUESTED: Engineer’s Estimate $125,000.00
Bid results - $104, 104.35
Final Project Accounting - $106,550.65
BUDGET CATEGORY: ARRA Grant Funding
LEGAL REVIEW: Pending Legal review
DESCRIPTION: AERO Construction has completed the 188th Street Trail project, attached are
copies of final acceptance paperwork. This paperwork is being reviewed by WSDOT Local
Programs and pending their approval will be presented to Council for City Approval.
HISTORY: On July 30, 2009 AERO Construction of Snohomish successfully competed with
nine other Contractors for the award of the 188th Street Trail Project with a bid in the amount of
$104,104.35. This project was funded with a $122,000.00 ARRA Grant and Traffic
Mitigation. The project consisted of the installation of approximately 2500 linear feet of
10 foot wide porous asphalt trail along 188th Street NE, extruded curb, bio-infiltration
facilities, surface restoration, and landscaping along the trail. The project has been
completed to the terms of the contract and satisfaction of the City.
ALTERNATIVES:
• Remand to staff for additional information
• Table pending further discussion
RECOMMENDED ACTION:
No Action is recommended at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Discussion #4
ATTACHMENT H
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT: IMCO General Contractors –
Change Order No. 5
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Change Order No. 5 to the IMCO WWTP Contract
EXPENDITURES REQUESTED: $2,459.75
BUDGET CATEGORY: WWTP Project (Fund 408)
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION: Change Order No. 5 to the IMCO WWTP Upgrade and Expansion construction
contract.
HISTORY: This change order is for 22 various design changes and improvements recommended
by the contractor, engineer, or City. The changes are either needed for undisclosed conditions or
system operating improvements; the net cost of the change order is an addition to the contract.
As of Change Order No. 5, the revised contract amount is as follows:
Current Contract Amount $ 29,210, 657.11
Previous Net Change Orders $ (188,287.81)
Net Change This Order $2,459.75
Estimated Contract Total After Change $ 29,024,829.05
ALTERNATIVES:
• Do not approve the change order, renegotiate work.
RECOMMENDED ACTION:
Discussion only - no action is being requested.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Discussion #5
ATTACHMENT I
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT: Kennedy/Jenks Consultants
Construction Management Contract
Amendment #6
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Contract Amendment #6 to Kennedy/Jenks CM Contract. Contract will be sent under
separate cover.
EXPENDITURES REQUESTED: $106,000.00
BUDGET CATEGORY: WWTP Project (Fund 408)
LEGAL REVIEW: Pending review by City Attorney
DESCRIPTION This is a change order to the K-J WWTP Construction Management contract for
additional costs not included in their original estimate, a summary of the total contract change
is as follows::
Original Contract Amount $ 1,519,665.00
Charge Orders No. 1-5 (Owner Requested) $ 30,080.00
Change Order #6 (Consultant Requested) $ 106,665.00
TOTAL $ 1,549,745.00
HISTORY: Task items as outlined in KJ’s original cost estimate for Construction Management
services have been exceeded and additional funding is requested to complete the project. Additional
work is summarized below:
- Submittals/Resubmittals: Budgeted for 300 submittals/resubmittals, currently at 491.
Contractor did not group or package submittals of similar products and equipment. In
addition, the number of resubmittals was excessive mainly due to suppliers incomplete data.
- MBR Submittal Review: This task was not included in the original estimate; the submittal
was 1,000 pages and took 200 hours.
- Request for Information (RFI): There have been more RFI’s then budgeted; the estimate was
for 75 and we are at 116.
ALTERNATIVES:
- Do not approve Contract Amendment # 6 and eliminate on-site construction manager
- Table for further discussion.
RECOMMENDED ACTION:
Discussion only – no action is being requested at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Discussion #6
ATTACHMENT J
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT: RH2 Engineering Contract
Amendment #4Amendment #1 to the RH2
contract for the Water Comprehensive Plan Update
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
James Kelly
ATTACHMENTS:
• Amendment #4 (draft)
EXPENDITURES REQUESTED: $27,600.00
BUDGET CATEGORY: Water Capital Improvement Fund 2010
LEGAL REVIEW: Pending Review by City Attorney
DESCRIPTION: Contract amendment adding to the original RH2 Scope of Work for
additional services.
HISTORY: The City entered into a master service agreement with RH2 to prepare the City’s
Sewer Comprehensive Plan. After completion of the Sewer Comprehensive Plan, the City
issued Amendment #3 RH2 contracting with them to prepare the City’s Water Comprehensive
Plan. During the course of preparing the Water Comprehensive Plan, RH2 provided additional
services that included:
• Represent the City at DOE meeting in which the City portioned for validation of its
Puget Sound Power and Light (PSPL) water right
• SCADA system data retrieval
• Additional Modeling and Planning Assistance
ALTERNATIVES:
1. Do not approve the amendment, table for further discussion.
RECOMMENDED ACTION:
Discussion only – no action is being requested at this time.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Discussion #8
ATTACHMENT K
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT:
Update of Arlington Municipal Code – Title 12
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Strikeout version of Title 12 – Streets & Sidewalks
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is ongoing
DESCRIPTION:
Proposed changes within Title 12 of the Arlington Municipal Code are attached for the
Council’s review. AMC Title 12 discusses a variety of regulations involving streets and
sidewalks, including how we address properties, how street vacations are conducted, and the
city’s truck route.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
Title 12
Chapter 12.12
TREES, WEEDS AND VEGETATION
Sections:
12.12.010 Duty of abutting owner to abate nuisance.
12.12.020 Penalty for noncompliance.
12.12.030 Enforcement.
12.12.040 Notice of abatement.
12.12.050 Abatement by city – Costs – Lien.
12.12.060 Destruction of trees, shrubs, plants prohibited.
12.12.010 Trimming required. Duty of abutting owner to abate nuisance.
(a) All owners or occupiers of property within the city shall trim, cut, remove or
destroy all Trees, plants, shrubs, vegetation or parts thereof which so overhang
any sidewalk or street, alley, or public right-of-way, or which are growing thereon
in such manner as to obstruct or impair the free and full use of the sidewalk,
street or alley by the public or to obstruct vision of the improved portion of a
public right-of-way or intersection of streets or which damage, obstruct or
endanger power lines, cables, conduits, sewers or drains City Owned Utilities`
rightfully located within a public right-of-way, or which have grown or died upon
any property and are a fire hazard or a menace to public health, safety or welfare
are a public nuisance. It is the duty of the owner of the property wherein or
whereon any such nuisance exists or of the property abutting the street wherein
or whereon such nuisance exists to abate the same by trimming, destroying or
removing such growing or dead growth.
(a)(b) On property at any corner formed by intersecting streets, it is unlawful to
install, set out or maintain, or allow the installation, setting out or maintenance of,
any sign, hedge, shrubbery, natural growth or other obstruction to the view higher
than two feet six inches above the level of the center of the adjacent intersection
within that triangular area between the property line and a diagonal line joining
points on the property lines twenty-five feet from the point of their intersection, or
in the case of rounded corners, the triangular area between the tangents to the
curve and a diagonal line joining points on said tangents twenty-five feet from the
point of their intersection. The tangents referred to are those at the beginning and
at the end of the curve at the corner.
(b)(c) Exceptions. The provisions in (a) shall not apply to permanent buildings;
public utility poles; trees trimmed (to trunk) to a line at least eight feet above the
level of the intersection; saplings or plant species of open growth habits and not
planted in the form of a hedge, which are so planted and trimmed as to leave at
all seasons a clear and unobstructed cross-view; supporting members of
appurtenances to permanent buildings existing on the date the ordinance
codified in this chapter becomes effective; official warning signs or signals; or to
places where the contour of the ground is such that there can be no cross-
visibility at the intersection.
12.12.020 Obstructions at intersections..Penalty for noncompliance.
The failure or refusal to comply with the provisions of AMC 12.12.010 shall
subject the offender to a fine not exceeding $300.00.
12.12.030 Removal of hazardous vegetation.Enforcement.
Members of the Public Works department shall enforce this chapter and, if any
property owners fail or refuse to abate any such nuisance, as defined by AMC
12.12.010, the director, or their designee may, in addition or as an alternative to the
penalties prescribed by AMC 12.12.020, require such property owner to abate the
nuisance by removal, trimming or destruction at such owner’s cost and expense within a
specified time; and if the removal, trimming or destruction is not made by said owner
within the time specified, the city may abate the same as provided in AMC 12.12.050.
12.12.040 Notice to remove--Service. Notice of abatement.
Upon determination that a condition exists within the prohibition of Sections 12.12.010
through 12.12.030, the chief of police, the fire chief, the street superintendent or the
building inspector shall cause to be personally served a Notice of the Nnuisance shall
be placed on the front door of the residence and mailed to the owner or occupier of the
premises on which the condition exists a written notice setting forth the nature of the
condition, and the means of removing the same., the description of the property
involved and requiring the owner or occupier to make the removal or destruction, as
stated. as such owner’s name appears upon the records of the county treasurer and at
the address shown thereon, or, if no owner or address is shown upon such records, a
copy of the notice shall be posted upon the property. Such notice shall also set forth
that if such removal or destruction is not accomplished within five business days after
the service or mailing of said notice the city may take action to remedy the nuisance and
that cost thereof shall be borne by the owner of the property and become a lien against
the property.
12.12.050 Notice to remove--Failure to comply--Hearing--Lien. Abatement by city
– Costs – Lien.
In the event that more than five days have expired from the date of mailing or serving a
notice provided for
(Missing text)
in Section 12.12.040, without the removal or destruction required having been
completed, the city council shall hold a hearing on a date and at a time to be specified in
said notice, at which time it shall receive and consider evidence and shall make a
finding as to whether the condition described in the notice exists and is, in fact, injurious
to the public health, safety or welfare in the manner prohibited in Sections 12.12.010
through 12.12.030. In the event the city council makes a finding that such condition
exists, it shall by resolution, provide that the city, through its appropriate officers and
employees, shall cause the removal or destruction thereof and that the reasonable cost
to the city of its labor, materials and use of equipment shall become a charge against
the owner of the property. Said lien shall be in such form and foreclosed in such manner
as is specified in RCW 35.21.310.
is specified in RCW 35.21.310.
If the nuisance is not abated by trimming, removal or destruction by the property
owner within the time fixed in the notice, the City may abate the nuisance and render a
statement covering the costs of such abatement, including all of the city’s expense, and
mail the bill to the property owner. If the property owner fails or refuses to pay such bill,
or if the owner cannot be found, the City may cause a lien to be filed against said
property. Said lien shall be in such form and foreclosed in such manner as is specified
in RCW 35.21.310.
12.12.060 Destruction of trees, shrubs, plants prohibited.
Except to abate a nuisance as defined herein, no person or entity shall damage,
destroy or mutilate any tree, shrub or plant in a public right-of-way or in any other public
place, or attach or place any rope or wire (other than one used to support a young or
broken tree), sign, poster, handbill or other thing to or on any tree growing in a public
place, or cause or permit any wire charged with electricity to come in contact with any
such tree, or allow any gaseous, liquid or solid substance which is harmful to such trees
to come in contact with their roots or leaves. The City shall seek full recourse from any
person or entity that causes any damage to a tree, shrub or plant in a public right-of-way
or in any other public place
Title 12
Chapter 12.16
STREET NAMING AND HOUSE NUMBERING
Sections:
12.16.005 Title.
12.16.010 Definitions.
12.16.020 Official addressing map.
12.16.030 Baselines and districts.
12.16.040 Maintenance of system.
12.16.050 Street designations.
12.16.060 Assignment of numbers.
12.16.070 Street and road signs.
12.16.080 Application of regulations.
12.16.090 Penalty.
12.16.005 Title.
This chapter shall be known as the uniform street naming and house numbering
code of the city of Arlington.
12.16.010 Definitions.
The following words or phrases, whenever used in this chapter, shall have the
meanings ascribed to them in this section unless, where used, the context clearly
indicates to the contrary:
(a) "Alley" means a public or private way twenty feet or less in width not
designated or improved for general travel and used as a means of secondary
access or to the rear of residential, business or other property.
(b) "Avenue" means a public or private thoroughfare dedicated or improved for
general travel and as a means of primary access to the front of residential,
business or other property and, except for occasional sinuositiescurves, turns, or
bends, running runs in a general north-south direction.
(c) "Block" is considered the distance between intersections except where a long
block faces a short block because of differences in platting of adjacent plats, or
where unplatted land faces platted land. In these circumstances, the long block
or unplatted land may be given more than one set of one hundred numbers in
order to follow the desired uniformity for the Old Town district as a whole.
(d) "Boulevard" or "drive" or "way" means a public way dedicated or improved for
general travel and as a primary means of access to the front of property, either
as a thoroughfare or cul-de-sac, having such curves, turns, or bendssinuosities
as not to fit into the regular street or avenue pattern, or a divided or other
ornamental way within or adjacent to a park, scenic or landscaped area and not
being a portion or extension of a named street or avenue.
(e) "Building official" means the designed city official to perform the duties of the
"building official" as herein prescribed.
(e)(f) "Court" means a public way dedicated or improved for general travel and
as a primary means of access to the front of residential, business or other
property as a cul-de-sac, which cannot be extended and is less than one grid
block in length. Courts are to be named or numbered and carry the number of the
preceding street or avenue (in direction of the lowest house numbers).
(f)(g) "Designating official" means the director of Community Development or
their designee city official ordered by the city council to perform the duties of the
"designating official" as herein prescribed.
(g)(h) "Drive" means a public way dedicated or improved for general travel and
as a primary means of access to the front of property, as either a thoroughfare or
cul-de-sac as not to fit into the regular street or avenue pattern, and shall run
north/south in between the grid lines.
(h)(i) "Lane" means private streets or streets in a private street subdivision.
(i)(j) "Loop" means a public way dedicated or improved for general travel and as a
primary means of access to the front of residential, business or other property as
that is a small loop-type street or avenue, which carries the name of the street or
avenue from which they originate.
(j)(k) "Parkway" means a public way dedicated or improved for general travel
and as a primary means of access to the front of property, either as a
thoroughfare or a divided or other ornamental way within or adjacent to a park,
scenic or landscaped area and not being a portion or extension of a named street
or avenue.
(k)(l) "Place" is the same as a street or avenue but lying lies between and
parallel to streets or avenues as an extra highway to the grid system; or a public
or private way other than an alley, boulevard, drive, or way which does not fit into
the fixed street and avenue pattern by virtue of running at an acute angle to
streets or avenues.
(l)(m) "Street" means a public or private thoroughfare dedicated or improved for
general travel and as a means of primary access to the front of residential,
business or other property and, except for occasional curves, turns, or
bendssinuosities, running in a generally east-west direction.
(n) "Way" means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, either as a thoroughfare or cul-
de-sac, having such curves, turns, or bendssinuosities as not to fit into the
regular street or avenue pattern, or a divided or other ornamental way within or
adjacent to a park, scenic or landscaped area and not being a portion or
extension of a named street or avenue.
12.16.020 Official addressing map.
The official addressing map establishes base lines, divides the city into two
addressing districts and sets forth a grid numbering system and shall be maintained by
the building official.
12.16.030 Base lines and districts.
The city of Arlington shall be divided into two addressing districts as shown on
the city's official addressing map.
Old Town District. Base lines for the Old Town district shall be First Street for all
numbering of houses and buildings on the streets, avenues and other public ways
running north and south; and the Burlington northern railroad right-of-way from the north
city limits to Maple Street, and Cobb Avenue and State Route 9 shall constitute the
base line for all numbering of houses and buildings on the streets, avenues and other
public ways running east and west.
City-wide district. Base lines for the remaining portion of the Arlington city limits shall be
as adopted by the Snohomish County Code, Section 13.120.010 (Territory covered by
system), and Section 13.120.020 (Conformance to master plan).
12.16.040 Maintenance of street naming and house numbering system.
(a) Extensions of existing boulevards, drives or ways shall bear the name of the
existing boulevard, drive or way unless such extension is approximately straight
and will fit into the system for designation of a street or avenue in which case the
designating official shall designate such extension as a street or avenue unless
the city council, by resolution, shall direct the extension to bear the name of the
prior existing way.
(b) New boulevards, drives or ways shall be named or designated by resolutions
of the city council after recommendation by interested persons, community
groups, planning commission or the designating official.
(c) All existing and named streets, avenues, places, boulevards, drives or ways
shall continue to bear the designation heretofore existing under the Snohomish
County numbering system unless changed by resolution or ordinance of the city
council after the council has determined that the prior designation does not
conform to the official street designating ordinance, that the public convenience
and welfare will be served by such change in designation, or that the change in
designation will implement the goals and policies of the city.
(a)(d) The building official shall be responsible for the development and
maintenance of maps indicating street names and house numbers. The building
official shall maintain a file of existing street names and a catalog of potential
street names and be responsible for insuring that proposed street names are in
conformance with this chapter and do not duplicate existing street names.
(b)(e) The building official shall, on all building permits for new residences,
accessory dwelling units, buildings, structures, or places of business, excepting
sheds and accessory buildings, assign an address number consistent with this
chapter. On building permits other than new construction, the building official
shall ensure that the address listed thereon is consistent with this chapter.
(c)(f) Minor changes or corrections to numbers, may be made administratively
by the building official, following the written request from a residential or
commercial occupant. Minor changes may be initiated by staff when in the best
interest of public safety.
(d)(g) Major changes such as renumbering or street name changes may be
initiated by a written request from a residential or commercial occupant, or by
staff in the interest of public safety and/or public benefits. In either case, the
building official shall convene a review committee, to include but not limited to, a
representative of the police department and the fire department. If the committee
determines that a change should be made, a proposed plan shall be prepared
and the affected neighborhood or commercial area be notified for comment. The
committee shall review any comments received and determine if the public safety
interest is best served by the proposed change. Such change determination shall
be approved by the city council prior to any such change being affected.
12.16.050 Street designations.
The following street designations shall apply to street and road names, streets, road
signs, and to addresses:
(1) "Alley" means a public or private way twenty feet or less in width not designated or
improved for general travel and used as a means of secondary access or to the rear of
residential, business or other property.
(2) "Avenue" means a public or private thoroughfare dedicated or improved for general
travel and as a means of primary access to the front of residential, business or other
property and shall run north and south on the grid line.
(3) "Boulevard" means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, either as a thoroughfare or a divided
or other ornamental way within or adjacent to a park, scenic or landscaped area and not
being a portion or extension of a named street or avenue.
(4) "Court" means a public way dedicated or improved for general travel and as a
primary means of access to the front of residential, business or other property as a cul-
de-sac, which cannot be extended and is less than one grid block in length. Courts are
to be named or numbered and carry the number of the preceding street or avenue (in
direction of the lowest house numbers).
(5) "Drive" means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, either as a thoroughfare or cul-de-sac
as not to fit into the regular street or avenue pattern, and shall run north/south in
between the grid lines.
(6) "Lane" means private streets or streets in a private street subdivision.
(7) "Loop" means a public way dedicated or improved for general travel and as a
primary means of access to the front of residential, business or other property as that is
a small loop-type street or avenue, which carries the name of the street or avenue from
which they originate.
(8) "Place" means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, parallel to, but between streets as not
to fit into the regular street pattern, and shall run east/west in between the grid lines.
(9) "Parkway" means a public way dedicated or improved for general travel and as a
primary means of access to the front of property, either as a thoroughfare or a divided
or other ornamental way within or adjacent to a park, scenic or landscaped area and not
being a portion or extension of a named street or avenue.
(10) "Street" means a public or private thoroughfare dedicated or improved for general
travel and as a means of primary access to the front of residential, business or other
property and shall run east and west on the grid line.
12.16.060 Assignment of numbers.
(a) One Hundred Grid Block. The one hundred block for street naming and
house numbering shall be determined by consulting the official grid map. Grid
maps indicating the location of one hundred block grid lines shall be prepared on
one inch equals four hundred feet scale map and made available for use at a
later date.
(b) Numbering Interval.
(1) The assignment of a number to a specific property location shall be
determined by measuring distances from the one hundred block grid lines.
(2) Measurements shall be taken from the grid line to the main entrance of
the building or property for the purpose of assigning numbers.
(c) Number Assignment. The assignment of numbers shall be as follows:
(1) Old Town District.
(A) All houses, buildings and lots situated within the first block north of
First Street within the Old Town district shall, on all intersecting streets,
avenues and other public ways, be given numbers between 101 and 199
inclusive; within the second block, numbers between 201 and 299
inclusive shall be used, and so on in each succeeding block; and all
numbers shall be indicated by adding the word "North" to the name of the
street, avenue or other public way.
(B) All houses, buildings and lots situated within the first block south of
First Street within the Old Town district shall, on all intersecting streets,
avenues and other public ways, be given numbers between 101 and 199
inclusive; within the second block, numbers between 201 and 299
inclusive shall be used, and so on in each succeeding block; and all
numbers shall be indicated by adding the word "South" to the name of
the street, avenue or other public way.
(C) All houses, buildings and lots situated within the first block east of
the Burlington northern railroad right-of-way base line within the Old
Town district shall, on all intersecting streets, avenues and other public
ways, be given numbers between 101 and 199 inclusive; within the
second block, numbers between 201 and 299 inclusive shall be used,
and so on in each succeeding block; and all numbers shall be indicated
by adding the word "East" to the name of the street, avenue or other
public way.
(D) All houses, buildings and lots situated within the first block west of
the Burlington northern railroad right-of-way base line within the Old
Town district shall, on all intersecting streets, avenues and other public
ways, be given numbers between 101 and 199 inclusive; within the
second block, numbers between 201 and 299 inclusive shall be used,
and so on in each succeeding block; and all numbers shall be indicated
by adding the word "West" to the name of the street, avenue or other
public way.
(D)(E) A "block" is considered the distance between intersections
except where a long block faces a short block because of differences in
platting of adjacent plats, or where unplatted land faces platted land. In
these circumstances, the long block or unplatted land may be given more
than one set of one hundred numbers in order to follow the desired
uniformity for the Old Town district as a whole.
(E)(F) One number shall be assigned for each twenty-five feet of
frontage or fraction thereof except that adjustments may be made in
order to follow the desired uniformity for the Old Town district.
(F)(G) Odd numbers shall be used on the north and east sides of
the streets, avenues, and all other public ways.
(G)(H) Even numbers shall be used on the south and west sides of
the streets, avenues, and all other public ways.
(H)(I) All houses, buildings or lots nearer the base line shall be assigned
the smaller numbers. In assigning numbers to houses and buildings
between which one or more lots lie unimproved, sufficient numbers shall
be allowed for later assignment to such vacant lots.
(2) City-wide District.
(A) All houses, buildings and lots situated within the city-wide district
shall, on all intersecting streets, avenues and other public ways, be given
numbers between 00 and 33 inclusive; within the second block, numbers
between 00 and 33 inclusive shall be used, and so on in each
succeeding block.
(B) Even numbers shall be assigned to south and west sides of streets;
odd numbers to the north and east sides of the streets. Determination of
street directions north-south, east-west can be decided by observing the
overall length of a street and noting its general direction. The even and
odd numbers shall be assigned consecutively and opposite one another
wherever possible. Neither numeric fractions nor alphabetical letters
shall be assigned as part of the unique address for stand-alone
structures. Where a street is prevented from being continuous by a
natural barrier, the addressing will be broken off at the barrier and
continued again at the other side of the barrier consistent with the
appropriate one hundred grid block on the official grid map as described
in subsection (a) of this section.
(C) Short loops and cul-de-sacs shall be numbered consecutively from
that point where they originate and proceeding progressively around the
loop or cul-de-sac.
(D) Multifamily developments will have one main assigned number
address taken from the street. Each building shall have a letter
designation of A, B, C, D, etc. Interior streets within multifamily
developments will be named and such names will be approved as
defined in Section 12.16.050 of this chapter. If the interior street is to
remain private, then the name will be qualified by designating that street
as a lane as specified in Section 12.16.050(6) of this chapter. Each of
the multifamily buildings fronting that interior street will be numbered
from said street. Each unit within a multifamily building will also be
identified (e.g., 3515 Private Lane NE Unit #101). Each unit numbering
will be from left to right as seen from facing the building. The first digit of
each unit number will indicate on which floor of the building each unit is
located.
(E) In large commercial development projects with a single access from
a main street and a shared parking lot, each building will be individually
numbered from the main street. For those projects fronting on
intersecting streets, each building will be individually numbered from the
intersecting street on which it fronts. Each tenant suite within a
commercial building will also be identified (e.g., 3515 Main St. NE Suite
#201). The suite numbering will be from left to right as seen from facing
the building. The first digit of each suite number will indicate on which
floor of the building each suite is located.
12.16.070 Street and road signs.
(a) All new street and road signs in the city limits shall display street names and
compass quadrant designations in conformance with the provisions of this
chapter.
(b) All replaced street or road signs erected after July 1, 2004 shall display the
street name and the compass quadrant designation with the provisions of this
chapter.
12.16.080 Application of regulations.
The owner or occupant of any residence, accessory dwelling unit, building,
structure or place of business, excepting sheds and accessory buildings, opening upon
or having access to a street within the city shall place and maintain the proper and
clearly visible address numbers in a conspicuous location upon the main entrance or at
the principal place of ingress to such residence, building, structure or place of business.
The knowing failure to place and maintain the proper and clearly visible address
numbers in such location shall constitute a misdemeanor.
12.16.090 Penalty.
Whoever Failure to comply with the provisions of this chapter, or whoever affixes
to or displays upon any house or building any such numbers other than those assigned
to it, is guilty of a misdemeanor and shall be punished as provided in Section 1.04.010.
Title 12
Chapter 12.18
STREET VACATIONS
Sections:
12.18.010 Street vacations-cCommencement by property owners.
12.18.020 Street vacations-Ccommencement by city council.
12.18.030 Street vacations-fee imposed
12.18.040 Street vacations-notice.Notice of hearing.
12.18.050 Street vacations-hearing
12.18.060 Consideration by planning commission.
12.18.070 Staff report.
12.18.080 Compensation for street vacation
12.18.090 Ordinance of vacation.
12.18.010 Street vacations-Commencement by property owners.
The owners of any interest in real property abutting on any street or alley or
portion of same any part thereof,who desire the vacation of such street or alley may
commence a street vacation by petitioning the city council to make vacateion said street
or alley. Petition shall include , giving the description of the property to be vacated and
the names, addresses and property tax account number of Petitioners; or the council
itself may initiate by resolution such vacation procedure.to vacate the same. The
petition shall be signed by at least two-thirds of the owners of real property abutting the
street or alley or any part thereof, portion of same sought to be vacated.
12.18.020 Street vacations-Commencement by city council.
The city council may commence a street vacation by adopting a resolution describing
the street or alley or portion of same to be vacated.
12.18.030 Street vacation-Fee imposed.
The petitioners shall pay thea fee as specified in the current fee resolution of
one hundred dollars in affect at the time of filing of the petition for a street vacation.
12.18.040 Notice of hearing . Street vacations-Notice.
The Ccity Council shall by resolution schedule the proposed street vacation for a
public hearing before the city council, which hearing shall take place not less than
twenty days or more than sixty days after the date of passage of the resolution.
(a) The public hearing of the proposed street vacation shall be in the manner
required by RCW 35.79.020.
(a)(b) Notice to be posted in a conspicuous place on that portion of the street or
alley sought to be vacated, and copies of such notice shall be mailed, at least 20
calendar days prior to date of hearing, to each owner of property within 300 feet
of the right-of-way proposed to be vacated, including the petitioners, at a local
address if a resident of the city, otherwise to the last address showing on the
Assessors records of Snohomish Countythe county department of records and
elections. Said notice shall contain a statement in that a petition has been filed to
vacate the portion described in the notice together with a statement of the time
and place fixed for the hearing of the petition and inviting interested persons to
appear and be heard for or against the granting thereof or to submit written
comment prior to that date.
12.18.050 Street vacations-Hearing.
At the time appointed for the hearing of on the petition or resolution, or at such
time as the same may be adjourned to by the council, the matter shall be considered
and persons desiring to speak for or against the vacation thereof shall be heard.
Following such hearing, the council shall determine:
(a) Whether a change of use or vacation of the described portion will better
serve the public good; or
(b) Whether the street, alley or portion thereof is no longer required for public
use; or
(c) Whether the use thereof as a public way is of such public benefit as not to
justify the cost of maintenance; or
(d) Whether the substitution of a new and different thoroughfare would be more
useful to the public; or
(e) Whether conditions may so change in the future as to provide a greater
public use or need than presently exists; and
(f) Whether objections to the proposed vacation are made by owners of private
property (exclusive of petitioners) abutting the same
12.18.060 Consideration by planning commission.
The proposed street vacation shall be referred to the city planning commission
for their review and consideration. The planning commission may report to the city
council any recommendations, findings or advice it may have regarding the proposed
street vacation
12.18.070 Hearing Staff report.
The city staff shall prepare a staff report concerning the proposed resolutionvacation.
The staff report shall contain the following information:
(a) Information on how and when the street sought to be vacated became a
public street;
(b) Whether or not utilities exist in the street and whether such street may
reasonably be necessary in the future for utility purposes;
(c) Whether or not and in what respect the public may be benefitted or harmed
by the vacation;
(d) Whether or not the street has been opened or constructed, and what effect
the vacation may have on property served or which might be served in the future
by the vacated street;
(e) Information on the appraised value of the street, if such information is
available;
(f) Any recommendations of city staff concerning the desirability of retaining an
easement or any interest in the property sought to be vacated for the purpose of
the construction, repair and maintenance of public utilities and services; and
(g) Any other information deemed by city staff to be appropriate for consideration
by the city council.
12.18.080 Compensation for street vacation.
At the time of adopting the resolution for a public hearing, the city council may, if it
chooses, require the petitioner to obtain, at petitioner's expense, an appraisal by an
appraiser acceptable to the city as a condition of proceeding with the street vacation.
The city council may, but is not required to, condition the street vacation upon the
payment of compensation by the petitioners within a fixed period of time by the
petitioners. The city council may also, when it deemssed it appropriate, may waive the
right to compensation. Any compensation which the council may require shall be
consistent with RCW 35.79.030.
12.18.090 Ordinance of vacation.
If the city determines to vacate the street or alley or portion thereof, it shall adopt
an ordinance as required by RCW 35.79.030.
Title 12
Chapter 12.20
SIDEWALK REPAIR AND CLEANING CODE
Sections:
12.20.010 Definitions.
12.20.020 Property owner's responsibility.
12.20.030 Liability and expense.
12.20.040 Report by city street superintendent.
12.20.050 Resolution-Notice.
12.20.060 Information required.
12.20.070 Serving notice.
12.20.080 Noncompliance-Apportionment of cost.
12.20.090 Hearing on assessment roll-Notice.
12.20.100 Lien of assessments and foreclosure.
12.20.110 City's action for failure to improve or keep free of obstructions-Fine.
12.20.120 Effect of chapter.
12.20.010 Definitions.
Unless the context clearly indicates otherwise, the words used in this chapter shall have
the meanings given in this section.
(a) "Abutting property" includes all property within public right of way having a
frontage abuttingupon the margin of any street or other public place.
(b) "Sidewalk" includes any structure or forms of street improvement in the
space between the street margin and the roadway known as the sidewalk area,
and shall include curbs, gutters, combined curbs and gutters, and paved portions
of any parking strip.
(b) Maintenance or Maintain means the removal and disposal of debris, litter
and vegetation which tends to impair the utilization of the right-of-way for public
purposes and the removal of ice and snow from sidewalks.
(c) Planting strip means that portion of the right-of-way between the outside of
the curb and the inside of the sidewalk.
(d) Reconstruction means the removal and disposal of broken, cracked, raised
or sunken portions of the sidewalk, or broken, cracked or dislodged portions of
retaining walls and rockeries lying within the right-of-way, and replacement of the
removed sections with materials to match the portion on either side of the
removed section in accordance with city standards.
(e) Repair means the removal and/or patching of small damaged portions of
sidewalks, retaining walls or rockeries lying within the right-of-way, and planting
strips and transition strips with like materials, each such damaged portions not
exceeding one hundred fifty square inches in area shall be classified as
reconstruction.
(f) Sidewalk means all pedestrian structures or forms of improvement for
pedestrians included in the space between the street margin, as defined by a
curb on the edge of the traveled road surface, and the line where the public right-
of-way meets the abutting property.
(g) "Street" includes boulevard, avenue, street, alley, drive, way, lane, square, or
place.
(h) Transition strip means that portion of the right-of-way between the outside of
the curb and the property line; or where no curb or sidewalk exists, that portion of
the right-of-way between the edge of the roadside ditch or the shoulder of the
road, whichever is closer to the abutting property line, and the abutting property
line.
12.20.020 Property owner's responsibility.
It shall be the responsibility of the property owner of property abutting upon a
public sidewalk to maintain said sidewalk at all times in a safe condition, free of any and
all obstructions or defects, including but not limited to ice and snow, gravel, vegetation
and any other debris.
12.20.030 Liability and expenses.
Except as otherwise provided in this chapter, the burden and expense of
maintaining and repairing sidewalks along the side of any street or other public place
shall devolve upon and be borne by the property directly abutting thereon. In the case
where any injury or damage to any person shall be caused by the defective condition of
any sidewalk or by ice, snow, gravel, or other debris thereon or by lack of proper guards
or railings on or along the property abutting on any public way, the abutting property
where the injury or damage occurs, and the owner thereof, shall be liable to any person
for the injuries and damage to such person, and to the city for all damage, injuries,
costs, and disbursements which the city may be required to pay to the person injured or
damaged; provided, that notification has been given as provided in Sections 12.20.050
through 12.20.070 and the repair, maintenance, or cleaning has not been done. The
burden and expense of maintaining sidewalks insofar as utility meter boxes, street
signposts and any other structures placed in or on the sidewalks area by the city in
connection with city utilities and street signs or signals shall be upon the city.
12.20.040 Report by city street superintendent.Public Works Director
If in the judgment of the city street superintendentPublic Works Director or
Designee public convenience or safety requires that a sidewalk be repaired or cleaned
along either side of any street he shall immediately report the fact to the city council in
writing.
12.20.050 Resolution--Notice.
If upon receiving a report from the city Public Works Directorstreet
superintendent the city council deems the repair or cleaning of such sidewalk necessary
or convenient for the public convenience or safety, it shall by an appropriate resolution
order such repair or cleaning and shall cause a written notice to be served upon the
owner of each parcel of land abutting upon that portion and side of the street where the
sidewalk is to be repaired or cleaned, requiring such owner or owners to repair or clean
the sidewalk in accordance with the resolution and notice.
12.20.060 Information required.
The resolution and notice and order to repair or clean a sidewalk shall:
(a) Describe each parcel by address and property tax account number for allof
land abutting upon that portion and side of the street where the sidewalk is
ordered to be repaired or cleaned; and
(b) Specify the kind of sidewalk required, its size and dimensions, the method
and materials to be used in the repair; and
(c) Contain an estimate of the cost thereof; and
(d) State that, unless the sidewalk is repaired or cleaned in compliance with the
notice and within a reasonable time therein specified, the city will repair or clean
the sidewalk and assess the cost and expense thereof against the abutting
property described in the notice; and
(e) Specify whether the cost of the repair or cleaning shall be borne by the
abutting property owner, or whether a specified portion thereof shall be borne by
the city and the remainder by the abutting property owner; and
Comment [JXK1]: Steve – Do we have to
officially notify all abutting property owners when
they need to sweep or shovel their walks?
(f) Specify the time within which the repair or cleaning shall be commenced and
completed.
(g) Whenever any improvement herein is cleaning of the sidewalk, the time for
execution of the same by the property owner shall be not more than ten days,
which time shall be considered a reasonable time.
12.20.070 Serving notice.
The notice shall be served:
(a) By delivering via registered mail a copy to the owner or reputed owner of
each parcel of land affected, or to the authorized agent of the owner; or
(b) By leaving a copy thereof at the usual place of abode of such owner in the
city with a person of suitable age and discretion residing therein; or
(c) If the owner is a nonresident of the city and his place of residence is known,
by mailing a copy to the owner addressed to his last known place of residence; or
(d) If the place of residence of the owner is unknown or if the owner of any
parcel of land affected is unknown, by publication in two weekly issues of the
official newspaper of the city. Such notice shall specify a reasonable time within
which the sidewalk shall be repaired or cleaned, which in the case of publication
of the notice shall be not less than sixty days from the date of first publication of
such notice.
12.20.080 Noncompliance--Apportionment of cost.
If the notice and order to repair or clean a sidewalk is not complied with within the
time therein specified, the city street superintendent shall proceed to repair or clean said
sidewalk forthwith, using either city labor and materials or by contract, and shall report
to the city council at its next regular meeting or as soon thereafter as is practicable an
assessment roll showing each parcel of land abutting upon the sidewalk, the name of
the owner thereof, if known, and apportion the costs of the improvement to be assessed
against each parcel of such land.
12.20.090 Hearing on assessment roll--Notice.
There upon the city council shall set a date for hearing any protests against the
proposed assessment roll and shall cause a notice of the time and place of the hearing
to be published for two successive weeks in the official newspaper of the city, the date
of the hearing to be not less than thirty days from the date of the first publication of the
notice. At the hearing or at any adjournment thereof, the city council by ordinance shall
assess the cost of repair or cleaning the sidewalk against the abutting property in
accordance with the benefits thereto.
12.20.100 Lien of assessments and foreclosure.
The assessments shall become a lien upon the respective parcels of land and
shall be collected in the manner provided by law for the collection of local improvement
assessments and shall bear interest at the rate of six percent per year from the date of
the approval of the assessment thereon.
12.20.110 City's action for failure to improve or keep free of obstructions--Fine.
Every abutting property owner, who, after having received notice as provided in
Sections 12.20.050 through 12.20.070 that the sidewalk in front of the property owned
or controlled by such person is out of condition or repair, neglects or refuses to put such
sidewalk in condition or repair or to maintain the sidewalk abutting on his property free
of obstructions, including ice, snow, gravel, vegetation and other debris, within the time
and in the manner provided by such notice, shall upon conviction thereof be punished
by a fine not to exceed one hundred dollars.
12.20.120 Effect of chapter.
This chapter shall not be construed as repealing or amending any provision
relating to the improvement of streets or public ways by special assessments,
commonly known as local improvement laws, but shall be considered as additional
legislation and ancillary thereto.
Title 12
Chapter 12.24
OBSTRUCTION OF STREETS, SIDEWALKS, CURBS, GUTTERS AND PARKING
Sections:
12.24.010 Obstructions prohibited--Removal authorized when--Exemptions.
12.24.020 Removal of obstructions required.
12.24.030 Unlawful to place certain items in public ways without a permit.
12.24.035 Portions of sidewalks for which permits may be issued.
12.24.040 Permit--Application requirements--Issuance and revocation
conditions.
12.24.050 Exemptions--Loading and unloading of freight.
12.24.060 Exemptions--Merchandise fairs.
12.24.070 Violation--Penalty.
12.24.080 Each violation a separate offense.
12.24.010 Obstructions prohibited-- Removal authorized when--Exemptions.
Except as is otherwise in this section or chapter permitted, it is declared by the
city council that all obstructions or structures, of any kind or character, placed,
maintained or erected upon the streets, sidewalks, curbs, gutters or parking strips of the
city are unlawful and are a public nuisances, and the superintendent of public property
Director of Public Works and the Cchief of Ppolice are authorized and directed to cause
the same to be removed; provided, however, that this section shall not apply to fire
hydrants, coin-operated newspaper vending boxes, public telephone booths, public
benches presently maintained, publicly owned sidewalk trash containers, public
transportation shelters for riders, ornamental trees in parking strips, planters or planter
boxes when part of any approved public program of beautification, telephone, telegraph
or electric light and power poles or natural gas service facilities placed under the terms
of franchises given by the city or which are permitted under state law, street and traffic-
control signs and posts therefortherefore, all of which shall not be considered as such
obstructions or structures and shall not be subject to removal hereunder; provided,
further, that any person, firm or corporation using a sidewalk, curb, gutter or parking
strip for said purposes shall be liable for and shall indemnify and hold harmless the city
and its officers and employees, while acting as such, from any and all actions or causes
of action, claims, demands, liabilities, loss, damage or expense of whatsoever kind or
nature, including costs of defense of all legal actions there under, which may arise by
reason or in consequence of said use of public property.
12.24.020 Removal of obstructions required.
All of the obstructions or structures declared to be unlawful or nuisances by
Section 12.24.010 shall be removed, and hereafter it is unlawful for any person, firm or
corporation to maintain, erect or place such obstructions or structures on the streets,
sidewalks, curbs, gutters or parking strips in the city.
12.24.030 Unlawful to place certain items in public ways without a permit.
It is unlawful for any person, firm or corporation to have, to display, to permit to
exist, or to place any goods, wares or merchandise, including, but not limited to
landscape or building materials, or articles or structures for holding the same, whether
for purposes of sale or otherwise, on or above any sidewalk, curb, gutter or parking strip
within the city unless a Sidewalk Ppermit to do so shall have first been issued as
provided in this chapter and unless said Sidewalk Ppermit is in full force and effect.
12.24.035 Portions of sidewalks for which permits may be issued.
No permit to have, display, permit to exist or place any goods, wares or
merchandise or articles or structures for holding the same, whether for purpose of sale
or otherwise, on or above any sidewalk, curb, gutter or parking strip within the city shall
be issued except to permit such property to be placed or permitted upon or above the
following portions of sidewalks:
(a) The east thirty inches of the sidewalk on the east side of Olympic Avenue
between Division Street and Maple Street;
(b) The west thirty inches of the sidewalk on the west side of Olympic Avenue
between Division Street and Third Street.
12.24.040 Sidewalk Permit-Application requirements--Issuance and revocation
conditions.
See AMC 5.44.020 – Special Events
(a) Application for the permit mentioned in Section 12.24.030 shall be made
annually to the city's code enforcement officer at the city hall upon such form as
said officer may providePermit Center . The application shall include a specific
Comment [JXK1]:
Sidewalk Permit should be included as a
Special Events Permit per Section 5.44.020,
description of the public area to be used, the days and hours during which the
public area is to be used, the amount of the public way to be used, the specific
purpose, the name and address of the owner (and lessee, if any) of the property
abutting upon the public area to be used, the name, address and telephone
number(s) of the person who will be responsible to see that the use does not
exceed that permitted, and such other information as the code enforcement
officer shall find to be necessary or desirable. The application shall be signed by
the applicant and said applicant shall be the permittee.
(b) Every permit shall expire an at midnight on December 31st each year. A
permit shall be required for the remainder of the calendar year 1982. Each
applicant shall pay to the city a permit fee as specified in the current fee
resolution of ten dollars each calendar year, and each application shall be
accompanied by the fee.
(c) Each applicant shall be required to sign an indemnity agreement, agreeing to
indemnify and hold harmless the city, and its officers and employees while acting
as such, from any and all actions or causes of action, claims, demands, liabilities,
loss, damage or expense of whatsoever kind or nature, including costs of
defense of all legal actions thereunder, which may arise by reason or in
consequence of said use of public property. No permit shall be issued unless the
applicant has first delivered to the city, in addition to said indemnity agreement,
an acceptable certificate or a certified duplicate copy of a policy of general
liability insurance with minimum limits of five hundred thousand dollars and five
hundred thousand dollars, or combined single limit of five hundred thousand
dollars for bodily injury and property damage, insuring the city of Arlington, and
its officers and employees while acting within their authority as such, as
additional named insureds, which policy shall be non-cancellable except upon
thirty days' prior written notice to the city.
(d) The permit may be revoked by the code enforcement officer upon:
(1) Failure to keep and maintain in full force and effect said insurance;
(2) Conviction of the permittee in a court of a violation of the terms of this
chapter; or
(3) Upon a finding by the code enforcement officer that a permittee has
violated or permitted the violation of the terms of this ordinance on more than
one occasion, after hearing first accorded the permittee.
(e) Any permittee may appeal to the city council any decision of the code
enforcement officer, revoking or refusing to issue a permit under this chapter. No
subsequent permit shall be issued to the permittee within one year of the date of
revocation.
Comment [JXK2]:
Sidewalk Permit should be included as a
Special Events Permit per Section 5.44.020,
12.24.050 Exemptions--Loading and unloading of freight.
The provisions of this chapter shall not be construed so as to prohibit the
expeditious moving of freight and merchandise in the loading and unloading thereof
across sidewalks, if such is done with the least possible obstruction of the free use
of such sidewalks by pedestrians.
12.24.060 Exemptions--Merchandise fairs.
The provisions of this chapter shall not be construed so as to prohibit the holding
of an annual merchandise fair or periodic merchandise fairs upon the streets and
sidewalks of the city in connection with organized merchant promotional activity,
provided that such fairs shall be held only after issuance of a Special Events Ppermit
secured as provided in Section 12.24.04005.44.020, and provided that the duration of
such activities shall not exceed fourteen days; the terms and conditions of use of the
streets and sidewalks shall be specified, and all reasonable protection to the public
provided.
12.24.070 Violation--Penalty.
Any person, firm or corporation violating any of the provisions of or failing to comply with
any of the mandatory requirements of this chapter is guilty of a misdemeanor. Any
person, firm or corporation convicted of a misdemeanor under this chapter shall be
punished by a fine in the following amount:
(a) A fine of not less than fifty nor more than one hundred dollars, plus all the
court costs (including witness fees) and any mandatory additional penalties
imposed by the court, such as but not limited to the penalty under the State CVC
Act, if the person fails or refuses, within ten minutes after delivery of a true copy
of this chapter to him, to cease the violation and remove all objects from the
public way, for a first offense;
(b) A fine of not less than one hundred dollars, but not more than five hundred
dollars, plus all the court costs (including witness fees) and any mandatory
additional penalties imposed by the court, such as but not limited to the penalty
under the State CVC Act, for a second or subsequent conviction.
Comment [JXK4]: Is this applicable?
12.24.080 Each violation a separate offense.
Each person is guilty of separate offense for each and every violation during any portion
of which any violation of any provision of this chapter is committed or permitted by any
such person, and the persons shall be punished accordingly.
Title 12
Chapter 12.28
DESIGN AND CONSTRUCTION STANDARDS FOR WORK IN PUBLIC RIGHT-OF-WAY
Sections:
12.28.010 Authorization of standard development.
12.28.020 Copy on file.
12.28.030 Standards in addition to specific terms.
12.28.010 Authorization of standard development.
The city engineer or other person appointed by the mayor is authorized to develop,
disseminate, revise and update design Design and Cconstruction Sstandards and
Sspecifications for utility work, work in the public right-of-way or in easements, and all
other work performed pursuant to construction related permits issued by the city.
12.28.020 Copy on file.
A copy of the current design and construction standards and specifications shall be on
file with the city clerk and the engineering department.
12.28.030 Standards in addition to specific terms.
Said design and construction standards and specifications shall be in addition to such
specific terms and conditions as may be established for any permit issued by the city.
Title 12
Chapter 12.32
STREET ASSESSMENT REIMBURSEMENT AGREEMENTS
Sections:
12.32.010 Purpose.
12.32.020 Definitions.
12.32.030 Authorization.
12.32.040 Minimum project size.
12.32.050 Application--Contents.
12.32.060 Engineer's recommendation.
12.32.070 Notice to property owners.
12.32.080 Determination of reimbursement area boundary and reimbursement
fee.
12.32.090 City council review and action.
12.32.100 Preliminary assessment reimbursement area--Amendments.
12.32.110 Length of reimbursement provision.
12.32.120 Reimbursement agreement must be recorded.
12.32.130 Application fees and costs.
12.32.140 Construction and acceptance of improvements--Recording of final
fees.
12.32.150 Collection of reimbursement fees--No liability for failure to collect.
12.32.160 Disposition of undeliverable reimbursement fees.
12.32.170 City financing of improvement projects.
12.32.010 Purpose.
This chapter is intended to implement and thereby make available to the public
the provisions of RCW Chapter 35.72, as the same now exists or may hereafter be
amended, by allowing the city to contract with the owners of real estate for the
construction or improvement of street projects which the owners elect to install as a
result of ordinances requiring such projects as a prerequisite to further property
development, and allowing the partial reimbursement to the owner by other property
owners benefiting from said improvements in certain instances. Nothing in this chapter
shall require the city to enter into any requested street reimbursement agreement.
12.32.020 Definitions.
As used in this chapter, the terms listed below shall be defined as follows:
(a) "Cost of construction" means those costs (excluding interest charges or other
financing costs) incurred for design, acquisition forof right-of-way and/or
easements, construction, materials and installation required in order to create an
improvement that complies with city standards.
(b) "Engineer" means the city engineer or their his or her designeeated
representative.
(c) "Recoverable costs" means a fair pro rata share of the cost of construction of
street projects that exceeds the requirements of city code or adopted city
standards.
(d) "Reimbursement agreement" means a written contract between the city and
one or more parties providing both for construction of street projects and for
reimbursement to the party or parties constructing the projects for part of the
costs of the projects by owners of property benefited by the improvements.
(e) "Street projects" shall have the meaning specified in RCW 35.72.020 as it
now reads, or as hereafter amended. and includes the following activities that are
subject to reimbursement: design, grading, paving, installation of curbs, gutters,
storm drainage, sidewalks, street lighting, traffic controls, and other similar
improvements, as required by the City.
12.32.030 Authorization.
Any owner of real estate who is required to construct or improve street projects
as a result of any provision of city code or other local or state regulation as a
prerequisite to further development may make application to the Eengineer for the
establishment by contract of an assessment reimbursement area as provided by state
law.
12.32.040 Minimum project size.
To be eligible for a reimbursement agreement, the estimated recoverable cost of
the proposed improvement must be not less than twenty-five thousand dollars. The
estimated recoverable costs of the improvement shall be determined by the engineer,
based upon a construction contract for the project, bids, engineering or architectural
estimates or other information deemed by the engineer to be a reliable basis for
estimating costs. The determination of the engineer shall be final.
Comment [JXK1]: WHY $25,000………THIS MAY
PUSH SOME PROJECTS OUT OF REACH.
12.32.050 Application--Contents.
Every application for the establishment of an assessment reimbursement area
shall be accompanied by the application fee specified in Section 12.32.130 of this code
and shall include the following items:
(a) Detailed construction plans and drawings of the entire street project, the
costs of which are to be borne by the assessment reimbursement area, prepared
and stamped by a licensed engineer;
(b) Itemization of all costs of the street project including, but not limited to,
design, grading, paving, installation of curbs, gutters, sidewalks, street lights,
engineering, construction, property acquisition and contract administration;
(c) A map and legal description identifying the proposed boundaries of the
assessment reimbursement area and each separately owned parcel within the
area. Such map shall identify the location of the street project in relation to the
parcels of property in such area;
(d) A proposed assessment reimbursement roll prepared by a qualified MAI
certified appraiser stating the proposed assessment for each separate parcel of
property within the proposed assessment reimbursement area as determined by
apportioning the total project cost on the basis of the benefit of the project to
each parcel of property within said area;
(e) A complete list of owners of record of property within the proposed
assessment reimbursement area certified as complete and accurate by the
applicant and which states names and mailing addresses for each such owner;
(f) Envelopes addressed to each of the record owners of property at the
address shown on the tax rolls of the county treasurer within the proposed
assessment reimbursement area. The cost of pProper postage for certified mail
shall be the responsibility of the applicantaffixed or provided;
(g) Copies of executed deeds and/or easements in which the applicant is the
grantee for all property necessary for the installation of such street project; and
(h) Such other information as the engineer determineds by the City as is
necessary to properly review the application.
12.32.060 Engineer's recommendation.
(a) The Eengineer shall review all applications and may recommend approval of
the application only if the following requirements are met:
(1) The project satisfies the minimum size requirement and complies with
city standards;
(2) The proposed improvements fall within the description of "street projects"
as those terms are described in RCW Chapter 35.72; and
(3) The proposed improvements are not constructed or currently under
construction.
(b) In the event all of the above criteria are not satisfied, the engineer Engineer
may recommend conditional approval as is deemed necessary in order for the
application to conform to such criteria, or shall recommend denial of the
application. The eEngineer's recommendations as to the assessment
reimbursement area, method for calculating the reimbursement fee, and other
recommendations shall be forwarded to the city council.
(c) The city council shall have final authority to grant or deny a request for a
recovery contract under this chapter. In reviewing a request for reimbursement
pursuant to this chapter, the city council may, in its sole discretion, agree to a
reimbursement agreement, or deny the same.
12.32.070 Notice to property owners.
Prior to city council action on any proposed contract establishing an assessment
reimbursement area, the engineer Engineer or designee shall mail, via certified mail, a
notice to the record property owners for whom the applicant has provided envelopes,
stating the proposed preliminary boundaries of such area and assessments along with
substantially the following statement:
As a property owner within the Assessment Reimbursement Area whose
preliminary boundaries are enclosed with this notice, you or your heirs and
assigns may be obligated to pay under certain circumstances, a pro rata share of
construction and contract administration costs of a certain street project that has
been preliminarily determined to benefit your property. The proposed amount of
such pro rata share or assessment is also enclosed with this notice. You, or your
heirs and assigns, may have to pay such share, if any development permits are
issued for development on your property within ________________ (________)
years of the date a contract establishing such area is recorded with the
Snohomish County Auditor, provided such development would have required
similar street improvements for approval. You have a right to object to your
property's assessment and request a hearing before the Arlington City Council
within twenty (20) days of the date of this notice. All such requests must be in
writing and filed with the City Clerk. After such contract is recorded it shall be
binding on all owners of record within the assessment area who are not a party to
the contract. Dated: ________________.
12.32.080 Determination of reimbursement area boundary and reimbursement
fee.
The city council shall define the reimbursement area for all approved applications
based upon a determination of which parcels did not contribute to the original cost of the
street projects for which the reimbursement agreement applies and which are not
required to install street improvements as a result of the installation of the street projects
by the owner. A method for determining the reimbursement fee shall be established so
that each property will pay a share of the recoverable costs of the improvements, which
is proportional to the benefits that accrue to the property.
12.32.090 City council review and action.
If the owner of any property within the proposed assessment reimbursement area
requests a hearing, notice of such shall be given to all affected property owners in
addition to the regular notice requirements specified by this code. Cost of this notice
shall be borne by the applicant. At the hearing the city council shall take testimony from
affected property owners and make a final determination of the area boundaries, the
amount of assessments, length of time for which reimbursement shall be required and
shall authorize the execution of appropriate documents. If no hearing is requested, the
council may consider and take final action on these matters at any public meeting held
more than twenty days after notice was mailed to the affected property owners. The city
council shall have final authority to grant or deny a request for a reimbursement
agreement under this chapter. In reviewing a request for reimbursement pursuant to this
chapter, the city council may, in its sole discretion, agree to a reimbursement
agreement, or deny the same.
12.32.100 Preliminary assessment reimbursement area--Amendments.
If the preliminary determination of area boundaries and assessments is amended
so as to raise any assessment appearing thereon, or to include omitted property, a new
notice of area boundaries and assessments shall be given as in the case of an original
notice; provided, that as to any property originally included in the preliminary
assessment area which assessment has not been raised, no objections shall be
considered by the council unless the objections were made in writing at or prior to the
date fixed for the original hearing. The city council's ruling shall be determinative and
final.
12.32.110 Length of reimbursement provision.
No reimbursement agreement shall provide for reimbursement for a period of not
longer than fifteen years from the date of final acceptance of the improvements by the
city.
12.32.120 Reimbursement agreement must be recorded.
The city shall record the reimbursement agreement with the Snohomish County
auditor within thirty days of approval by the city. The applicant shall bear the expense of
recording the agreement. Said agreement shall be in a form approved by the city.
12.32.130 Application fees and costs.
The applicant for street reimbursement agreements shall reimburse the city for
the full administrative and professional costs of reviewing and processing such
application and of preparing the agreement. The fees and costs shall be established by
city resolution. The applicant shall reimburse the city for such costs before the
agreement is recorded.
12.32.140 Construction and acceptance of improvements--Recording of final
fees.
(a) After the reimbursement agreement has been recorded and all necessary
permits and approvals have been obtained, the applicant shall construct the
improvements and, upon completion, request final inspection and acceptance of
the improvements by the cityCity, subject to any required obligation to repair
defects. An appropriate bill of sale, easement and any other document needed to
convey the improvements to the city City and to ensure right of access for
maintenance and replacement shall be provided, along with documentation of the
actual costs of the improvements and a certification by the applicant that all of
such costs have been paid, all of which shall be in a form acceptable to the
engineerCity, before any reimbursement shall be paid to the applicant.
(b) In the event that actual recoverable costs are less than the estimate used in
calculating the estimated fees by ten percent or more, the engineer shall
recalculate the fees reducing them accordingly and shall cause a revised list of
fees to be recorded with the county auditor. In the event the actual recoverable
costs exceed the estimate used in calculating the estimated fees, the recovery
shall be based on the estimated used.
12.32.150 Collection of reimbursement fees--No liability for failure to collect.
(a) Subsequent to the recording of a reimbursement agreement, the cCity shall
not permit connection of any property within the reimbursement area to any
street project constructed pursuant to the reimbursement agreement, unless the
share of the costs of such facilities required by the recorded agreement is first
paid to the city.
(b) Upon receipt of any reimbursement fees, the cCity shall deduct a six percent
administrative fee and remit the balance of the reimbursement fees to the party
entitled to the fees pursuant to the reimbursement agreement. In the event that
through error, the city fails to collect a required reimbursement fee prior to
approval of connection to a street project, the city shall make diligent efforts to
collect such fee, but shall under no circumstances be obligated to make payment
to the party entitled to reimbursement, or in any other way be liable to such party,
unless such reimbursement fee has actually been paid to the city.
12.32.160 Disposition of undeliverable reimbursement fees.
In the event that, after reasonable effort, the party to which reimbursement fees
are to be paid pursuant to a reimbursement agreement cannot be located, and upon the
expiration of one hundred eighty days from the date fees were collected by the city, the
fees shall become the property of the city and shall be revenue to the city transportation
improvement fund.
12.32.170 City financing of improvement projects.
As an alternative to financing projects under this chapter solely by owners of real
estate, the city may finance or join in the financing of an improvement project and may
be reimbursed in the same manner as the owners of real estate who participate in the
project, upon the passage of an ordinance specifying the conditions of the city's
participation in such project. The city shall be reimbursed only for the costs of
improvements that benefit that portion of the public who will use the developments
improvements within the established assessment reimbursement area.
Title 12
Chapter 12.40
RIGHT-OF-WAY USE CODE
Sections:
12.40.010 DefinitionsShort Title.
12.40.020 Permit requiredPurpose.
12.40.030 Permit-LimitationTerritorial Application.
12.40.040 Permit-Application.Intent
12.40.050 Permit-Application processingDefinitions.
12.40.060 Permit-Fees and costsAuthority of the City.
12.40.070 Permit-Form.ROW Permit Required.
12.40.080 Permit-Exceptions Application.
12.40.090 Performance bond or securityPermit Exceptions.
12.40.100 Hold harmless.Permit Fees, Costs and Reimbursements.
12.40.110 Work-Applicable standards.Permit Form.
12.40.120 Traffic routing and safetyConstruction or Modification to the Public
Right of Way.
12.40.130 Adjoining property protection requirementsUtility Relocation.
12.40.140 Utility facilities protection requirementsShared Use of Excavations.
12.40.150 Preservation of monumentsDebris and Spilled Loads in the Right of
Way.
12.40.160 Liability for damages to streets.Traffic Routing and Safety.
12.40.170 Work to be performed promptlyInspections.
12.40.180 Urgent workRenewal of Permits.
12.40.190 InspectionsAssurance Device.
12.40.200 Limitation of liabilityHold Harmless.
12.40.210 Violation-Penalty.Limitation of Liability.
12.40.220 Appeal of right-of-way use procedures, and related requirements.
12.40.230 Violation-Penalty.
12.40.010 Short title.
This chapter is known as the right-of way use code. It is referred to as the “code.”
12.40.020 Purpose.
It is the purpose of this code to provide for the issuance of right-of-way use
permits in order to regulate activities within the public right-of-way in the city of Arlington
in the interest of public health, safety and welfare; and to provide for the fees, charges,
warranties, and procedures required to administer the permit process.
12.40.030 Territorial application.
This code and the procedures adopted hereunder shall be in effect throughout
the city of Arlington.
12.40.040 Intent.
(a) This code is enacted to protect and preserve the public health, safety and
welfare. Its provisions shall be liberally construed for the accomplishment of
these purposes.
(b) It is expressly the purpose of this code and any procedures adopted
hereunder to provide for and promote the health, safety and welfare of the
general public, and not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or
benefited by the terms of this code or any procedures adopted hereunder.
(c) It is the specific intent of this code and any procedures adopted hereunder to
place the obligation of complying with the requirements of this code upon the
permittee, and no provision is intended to impose any duty upon the city of
Arlington, or any of its officers, employees or agents. Nothing contained in this
code or any procedures adopted hereunder areis intended to be or shall be
construed to create or form the basis for liability on the part of the city of
Arlington, or its officers, employees or agents, for any injury or damage resulting
from the failure of the permittee to comply with the provisions hereof, or by
reason or in consequence of any act or omission in connection with the
implementation or enforcement of this code or any procedures adopted
hereunder by the city of Arlington, its officers, employees or agents.
12.40.050 Definitions.
The following words and phrases when used in this chapter shall have the
following meanings unless the context clearly indicates otherwise:
(a) "Applicant" means any person making application for a permit for
construction or excavation work, pursuant to the terms of this chapter.
(b) “Citation and notice” means a written document initiating a criminal
proceeding after an arrest and issued by an authorized peace officer, in
accordance with the Justice Court Criminal Rules.
(b)(c) "City council" or "council" means the city council of the city of Arlington.
(d) “City inspector” means the designated employee(s) of the department
responsible for inspecting the installation of warning and safety devices and any
improvements in the public right-of-way and restoration of public rights-of-way
disturbed by work.
(e) “City” means the city of Arlington, Washington.
(f) "Construction" or "excavation" means the act of opening, excavating, boring
or in any manner disturbing or breaking the surface, subsurface or foundation of
any right-of-way; the establishment or alteration of any established grade or
street; and the maintenance or removal of sidewalk, pavement, sewers, water
mains, street lighting, other utilities, or appurtenances thereto.
(g) “Department” means the public works department or other department
designated by the city administrator.
(h) “Director” means the director of Public Works, or their designee.
(i) “Emergency” means a condition of imminent danger to the health, safety, and
welfare of property or persons located within the city including, but not limited to,
damage to persons or property from natural or manmade consequences, such as
storms, earthquakes, riots or wars.
(j) “Engineering Standards” means the most recent edition of the City of
Arlington Design and Construction Standards and Specifications manual
(k) “Franchised utilities” means utilities that have city approval to use city rights-
of-way for the purpose of providing their services within the city, whether by
written franchise granted by the city or otherwise.
(l) “Nonprofit” means not for a monetary gain unless for charitable purposes.
(m) “Notice of violation” means a document mailed to a permittee or unauthorized
user and posted at the site of a nonconforming or unsafe condition.
(n) “Oral directive” means a directive given orally by city personnel to correct or
discontinue a specific condition.
(o) “Permit” means a document issued by the city granting permission to engage
in an activity not allowed without a permit.
(p) “Permit center” means the City’s central location for applying for permits.
(c)(q) "Permittee" means any person holding a permit from the city for the
performance of any construction or excavation work within a right-of-way of the
city.
(r) “Person” means and includes corporations, companies, associations, joint
stock companies or associations, firms, partnerships, limited liability companies
and individuals and includes their lessors, trustees and receivers.
(s) “Private use” means use of the public right-of-way for the benefit of a person,
partnership, group, organization, company, or corporation, other than as a
thoroughfare for any type of vehicles, pedestrians or equestrians.
(t) “Procedure” means a procedure adopted by the director to implement this
code, or to carry out other responsibilities as may be required by this code or by
other codes, ordinances, or resolutions of the city or other agencies.
(d)(u) “Right-of-way” (ROW) means all public streets and property granted or
reserved for, or dedicated to, public use for street purposes, together with public
property granted or reserved for, or dedicated to, public use for walkways,
sidewalks, bikeways and horse trails, whether improved or unimproved, including
the air rights, sub-surface rights and easements related thereto.
(v) “Sidewalk” means all pedestrian structures or forms of improvement for
pedestrians included in the space between the street margin, as defined by a
curb on the edge of the traveled road surface, and the line where the public right-
of-way meets the abutting property.
(e)(w) "Street" includes boulevard, avenue, street, alley, drive, way, lane, square,
or place.
(x) Stop work notice” means a notice posted at the site of activity that requires
all work to be stopped until the city approves continuation of work.
(y) “Telecommunications carrier” means every person that directly or indirectly
owns, controls, operates or manages plant, equipment or property within the city,
used or to be used for the purpose of offering and providing telecommunications
services.
(z) “Telecommunications facilities” means the plant, equipment and property,
including but not limited to cables, wires, conduits, ducts, pedestals, antennas,
electronics, poles, and other appurtenances used or to be used to transmit,
receive, distribute, provide or offer telecommunications services.
(aa) “Telecommunications provider” means every person who provides
telecommunications services over telecommunications facilities without any
ownership or management control of the facilities.
(bb) “Telecommunications service(s)” means the providing or offering for rent,
sale or lease, or in exchange for other value received, of the transmittal of voice,
data, image, graphic and video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar
facilities, with or without benefit of any closed transmission medium..
(cc) “Underground location service” means the underground utilities location
center that will locate all underground utilities prior to an excavation (maybe we
should specifically identify the Underground Utility Locate Service that we require
they use) The permittee shall call the regional utility locating company (1-800-
424-5555), prior to commencing work, to establish the location of all underground
utilities, and protect the same against damages, in accordance with the
provisions of this chapter.
(dd) “Unsafe condition” means any condition which the director determines is a
hazard to health, or endangers the safe use of the right-of-way by the public, or
does or may impair or impede the operation or functioning of any portion of the
right-of-way, or which may cause damage thereto.
(ee) "Work" means any construction or excavation within a right-of-way of the city.
12.40.060 Authority of the city.
The city, by and through its director, shall have the authority to:
(a) Develop, adopt and carry out and administer the provisions of this code
including but not limited to interpreting the code and issuing rules necessary for
its administration. The director may correct errors and omissions and is
authorized to adjust the amount of fees required by this code to be proportional
to the scope of the work for which the permit is required.
(b) Administer and coordinate the enforcement of this code and all procedures
adopted hereunder relating to the use of rights-of-way.
(c) Request the assistance of other city departments to administer and enforce
this code.
(d) Prepare and update as needed, Engineering Standards to establish minimum
requirements for the design and construction of the public right-of-way. The
Engineering Standards shall be consistent with this code and adopted city
policies.
(e) Administer and enforce this code and all procedures relating to the planning,
acquisition, design, construction, inspection, maintenance, management,
operation and alteration of the public right-of-way, including capital
improvements.
(f) Advise the city council, city administrator and other city departments and
commissions on matters relating to the public right-of-way.
(a)(g) Carry out other responsibilities as required by this code or other city
codes, ordinances or regulations consistent with the Arlington comprehensive
plan.
12.40.070 ROW Permit Required
(a) It is unlawful for any person to:
(1) perform any work in a city right-of-way without first having obtained
a ROW Ppermit therefor from the city, or to
(1)(2) perform any work not in compliance without complying with
all provisions in the Engineering Standards and of awith all issued
permits issued by the city. except as otherwise provided in this chapter.
12.40.080 Permit Application
(a) A written application for the issuance of a permit shall be submitted to the
Engineering Division, on a form and in a manner required by the director.
(b) At a minimum, the application shall state the name and address of the applicant,
the nature, location and purpose of the work to be performed, the name of the person
who will perform the work, the date of commencement and date of completion of the
work, and such other data as may reasonably be required by the public works director.
(c) The public works director may require that the application be accompanied by plans
and/or specifications showing the extent of the proposed work.
(a) To obtain a right-of-way use permit the applicant shall file an application with
the Engineering Division or other department designated by the director.
(b) Every application shall include the location of the proposed right-of-way use,
a description of the use, the planned duration of the use, applicant contact
information, and all other information which may be required as specified in
procedures adopted hereunder, and shall be accompanied by payment of the
required fees.
(c) The director or their designee shall examine each application submitted for
review and approval to determine if it complies with the applicable provisions of
this code and procedures adopted hereunder. Other departments that have
authority over the proposed use activity will be required to review and approve or
disapprove the application. The director or their designee may inspect the right-
of-way proposed for use to determine any facts which may aid in determining
whether a permit should be granted. If the director finds that the application
conforms to the requirements of this code and procedures adopted hereunder,
that the proposed use of such right-of-way will not unduly interfere with the rights
and safety of the public, and if the application has not been disapproved by a
department with authority, he may approve the permit, and may impose such
conditions thereon as are reasonably necessary to protect the public health,
welfare and safety and to mitigate any impacts resulting from the use.
(d) All applications for permits will be submitted 15 calendar days or more before
the planned need for the permit. If unforeseen conditions require expedited
processing, time the city will attempt to facilitatecooperate an expedited review.,
but additional fees to cover Any additional costs to the city for this expedited
review may be charged to the permittee.
(e) Upon submittal of a completed application, the city shall collect from the
applicant an application fee per the adopted fee resolution.
(a)(f) If an application is denied, the applicant may appeal the denial by the
public works director. The city council shall review the application, to ascertain
that the denial is based upon nonconformance of the application with the terms of
this chapter, and/or a determination that the proposed work will interfere with the
rights of the public in the right-of-way.
(b)(g) Permit Limitation. No application for aROW permit shall be received, nor
shall any permit be issued, other than to a licensed and bonded contractor of the
state of Washington.; provided that, if all work to be done is outside the improved
portions of city right-of-way, and the fair market value of the work is equal to or
less than three thousand five hundred dollars then a permit may be issued to a
permittee that is not other than a licensed and bonded contractor.
12.40.090 Permit-Exceptions.
The following work shall not require a permit:
(a) A right-of-way use permit shall not be required of utilities or franchised
utilities when responding to emergencies that require work in the right-of-way,
such as water or sewer main breaks, gas leaks, downed power lines or similar
emergencies; provided, that the department shall be notified by the responding
utility or city contractor verbally or in writing, as soon as practicable following
onset of an emergency. Nothing herein shall relieve a responding utility or city
contractor from the requirement to apply for a right-of-way use permit within 48
hours after beginning emergency work in the right-of-way.
(a)(b) Any work performed by or under the direction of the public works director
of the city, including work performed by employees of the city or any person
contracting with the city;
(b)(c) Any initial construction work within the right-of-way of a plat or
subdivision for which the council has given approval.
12.40.100 Permit Fees, and Costs and Reimbursement.
(a) Application and Processing Fee. A nonrefundable application and processing
fee shall be charged for each right-of-way use permit application that is accepted
for processing., counter service and record keeping.
(b) Reimbursement of Actual Expenses. When a permit is issued, the city may
impose a charge based on the actual cost to compensate for its time and
expenses. These costs may include street crews, signal crews, police and other
city crews, if required to assist in the activity. A refundable deposit or other
security device may also be required. Costs of damage to city property, or
expense of assistance by city employees, may be deducted from the deposit,
charged against the security device, or billed to the permittee directly.
(c) Repair and Replacement Charges.
(1) If the city should incur any costs in repairing or replacing any property as
the result of the permittee's actions, the costs of repair and replacement shall
be charged to the permittee. These charges will be for the actual costs to the
city.
(d) Liability for damages to streets.
(1) The permittee will be responsible for all damage of any kind to the
sidewalks, streets or highways of the city as a result of performance of work
under the terms of the permit granted pursuant to this chapter, including
damage done by mobile equipment required to be present at the site.
(2) All damage shall be repaired by the permittee in accordance with the
Engineering Standards and to the approval of the city.
(3) If, upon being ordered to repair the damage, the permittee fails to furnish
the necessary labor and materials for the repairs, the city shall have the
authority to cause such labor and materials to be furnished by the city and
the cost shall be charged against the permittee.
(e) Excess Inspection Costs. The city may incur extra costs of inspection for
certain permits that require more than the usual number of inspections. These
costs may be incurred because of situations related to observed quality of work,
traffic problems, schedule problems and cooperation of the permittee. Excess
inspection fees will be charged based on the hourly rate as specified by the fee
resolution.
(e)(f) Waiver of Fees. Franchised utilities shall apply for permits because for all
of city-initiated construction projects and may be granted a waiver of normal
permit fees by the director. This provision shall only apply to work that would not
normally have been done by the Franchised utility.
12.40.110 Permit-Form.
(a) The city shall provide each permittee with a written permit.
(b) It shall be the duty of the permittee hereunder to keep the permit posted in a
conspicuous place at the site of the work.
(c) It is unlawful for any person to exhibit such permit at or about any excavation
not covered by such permit, or to misrepresent the number of the permit, or the
date of the expiration of the permit.
12.40.120 Construction or modifications to the public right-of-way.
(a) General. When constructing or modifying within the city’s right-of-way,
compliance is required with this code, Engineering Standards, Standard
Specifications for Road, Bridge and Municipal Construction issued by the
Washington State Chapter of the American Public Works Association and
Department of Transportation (current edition), the approved permit, plans and
specifications, the terms of any extension agreements, the recommendations of
the manufacturer of the materials or equipment used and any applicable local,
state or federal requirements.
(b) Failure to Complete Work or Meet Requirements.
(1) , If the contractor or person doing the work fails to rectify any problems
following notification by the city; and the work, in the opinion of the city,
constitutes a hazard to public safety, health or the public right-of-way.
(2) The city may complete right-of-way construction begun by a permittee
property owner or contractor, or take steps to restore the site (such as
backfilling trenches and restoring the public right of way) if the work does not
meet the requirements of this code, the Engineering Standards and other
applicable city requirements
(3) Costs incurred pursuant to the preceding AMC 12.40.100 (BC)(1) shall
be accrued and charged to the responsible parties which may be the
permittee, owner or contractor in charge of such work. The responsible
parties shall pay the city immediately after written notification is delivered to
the responsible parties or posted at the location of the work. Such costs shall
constitute a civil debt owing to the city jointly and severally by such persons
who have been given notice as herein provided. The debt shall be collectable
in the same manner as any other civil debt owing the city.
(4) If, in the opinion of the director, the work being performed is not in
accordance with these codes or engineering standards and the permittee is
unwilling to change or correct the deficiencies, the director may issue a stop
work order until the deficiencies are corrected.
(c) Additional Right-of-Way Construction Requirements.
(1) The right-of-way permit shall be readily available at the job site at all
times. No inspections will be completed if the permit is not available.
(2) In the interest of public safety the director may requireest at the time the
permitee to is issued that work be performed at a more rapid pace then is
usually required perform the work. This request includes but is not limited to
work at different times of day, to work with with larger crews or to work for
longer hours than would normally be required. The permittee shall not hold
the city responsible for any extra costs that may be incurred to these
circumstances.
(f)(d) Adjoining property protection requirements.
(1) Permittee shall, at all times, at his their expense, preserve and protect
from injury any public or private property adjoining the location of the work,
by taking all necessary measures for such purposes.
(2) If it is necessary for the proper performance of the work that adjoining
property be entered upon, the permittee shall obtain a license, construction
easement, or other written permission from the owner of such property for
such purposes. Such license or permission shall be presented to the public
works director, as a portion of the application for the permit, and the public
works director shall not issue a permit until such time as all necessary
licenses have been obtained and presented.
(g)(e) Utility facilities protection requirements.
(1) Permittee shall not interfere with any existing utilities without the written
consent of the utility company or person owning the utility.
(2) The permittee shall call the regional utility locating company (1-800-424-
5555), prior to commencing work, as to the existence andestablish the
location of all underground utilities, and protect the same against damages,
in accordance with the provisions of this chapter.
(f) Preservation of monuments. The permittee shall not disturb any survey
monuments or markers found in on the line of excavation work until ordered
authorized advised to do so by the public works director. All street
monuments, property corners, bench marks and other monuments disturbed
during the progress of the work shall be replaced by a licensed surveyor, at
the expense of the permittee, to the satisfaction of the director or their
designee.
12.40.130 Utility Relocation.
Whenever the city undertakes or approves the construction of any sewer, water
or storm drainage linesystem (eight-inch inside diameter or larger) or other street
improvement project including, without limitation: installation of traffic signals, street
lights, I-NET system, sidewalks and pedestrian amenities, wherein the facility so
constructed or approved is or shall become, by gift, transfer, dedication or otherwise, a
public facility owned, maintained or operated by the city, and such project necessitates
the relocation of any utility company’s then existing facilities, the city shall:
(a) Provide such utility company written notice requiring such relocation at least
90 days prior to the commencement of such improvement project; and
(b) Provide such utility company with copies of pertinent portions of the plans
and specifications for such street improvement project so that such utility
company may relocate its facilities to accommodate such street improvement
project.
12.40.140 Shared use of excavations.
If at any time, a utility company submits a permit request to excavate for
installation of its facilities, the city may request in writing that such utility company
provide an opportunity to install city facilities within the excavation; provided, that:
(a) Joint use shall not unreasonably delay the work of the utility company’s
excavation; and
(b) Joint use is not prohibited by other state codes or by sound engineering
practice; and
(c) Joint use shall be arranged and accomplished on terms and conditions
satisfactory to both parties; and
(d) To the extent reasonably possible, the utility company shall, at the direction
of the city, cooperate with the city and provide other private utility companies with
the opportunity to utilize joint or shared excavations in order to minimize
disruption and damage to the right-of-way as well as to minimize traffic-related
impacts. In the event the city directs a utility company to utilize joint or shared
excavations with another utility company, then such utility company shall install
facilities supplied by the city in such joint or shared excavations at no cost to the
city for such installation if such utility company agrees that there is a
commensurate cost savings to them.
12.40.150 Debris and spilled loads in the right-of-way.
(a) Whenever it is necessary for the safety of the public, the city may remove
any obstructions, hazards or nuisances from rights-of-way; and anyone causing
the obstructions, hazards or nuisances shall be responsible for reimbursing the
city for the expense of such removal.
(b) The owner or operator of any vehicle which has spilled, dropped, dumped or
in any manner whatsoever deposited any matter upon the right-of-way shall
cause the right-of-way to be cleaned to the satisfaction of the department city.
Upon failure to do so the citydepartment may cause to have cleaned the right-of-
way and the costs thereof shall be charged to the person or persons so
responsible. The city department has the authority to designate haul routes and
time of day for operations involving hauling over public rights-of-way.
(a) Earth-hauling contractors, builders, or anyone else utilizing vehicles upon
rights-of-way shall provide persons or equipment to keep the right-of-way clean
at all times to the satisfaction of the department city. Upon failure to do so, the
citydepartment may issue an immediate stop work order, revoke city permits, and
the responsible person or persons may be directed to immediately clean the
right-of-way to the satisfaction of the department city. Upon failure to do so the
city department may cause to have cleaned the right-of-way and charge the
costs thereof to the person or persons so responsible.
12.40.080
12.40.110 Work-Applicable standards.
Except as otherwise provided in this chapter, all work performed pursuant to a permit
issued pursuant to this chapter shall be done in accordance with the "Standard
Specifications for Road, Bridge and Municipal Construction" issued by the Washington
State Chapter of the American Public Works Association and Department of
Transportation, current edition, except where modified by the city Public Works
Engineering Standards as adopted, including the submittal of as-built plans.
12.40.170 Work to be performed promptly.
The permittee shall prosecute with diligence and expedite all work, and shall promptly
complete such work and restore the street in accordance with the provisions of this
chapter, as soon as practicable, and in any event, not later than the date specified in the
permit.
(Ord. 1244 §1(part), 2000: Ord. 1218 §1(part), 1999).
12.40.180 Urgent work. We may want to use this description earlier in the code -
If, in the judgement of the As directed by the public works director, traffic conditions, the
safety or convenience of the traveling public, or in the public interest require that the
excavation work be performed in a shorter period than otherwise possible, the public
works director may order, at the time the permit is granted, that a crew of men and
adequate facilities be employed by the permittee greater than eight hours per day, to
the end that such excavation work may be completed as soon as possible.
12.40.160 Traffic routing and safety.
(a) Warning lights, safety devices, signs and barricades shall be provided on all
rights-of-ways when at any time there might be an obstruction or hazard to
vehicular or pedestrian traffic. All obstructions on rights-of-way shall have
sufficient barricades and signs posted in such manner as to indicate plainly the
danger involved. Warning and safety devices may be removed when the work for
which the right-of-way use permit has been granted is complete and the right-of-
way restored to the conditions directed by the department.
(b) As a condition of the issuance of any right-of-way use permit, the director or
designee may require an applicant to submit a traffic detour plan showing the
proposed detour routing and location and type of warning lights, safety devices,
signs and barricades intended to protect vehicular or pedestrian traffic at the site
for which the right-of-way use permit is – may be requested. If a traffic plan is
required, no A right-of-way use permit shall be issued until the traffic plan is
approved .
(c) Unless otherwise specified in adopted right-of-way use procedures, The
current editions of the following standards manuals shall apply to the selection,
location and installation of required warning and safety devices; provided that,
the director or their designee may impose additional requirements if site
conditions warrant such enhanced protection of pedestrian or vehicular traffic:
(1) Manual of Uniform Traffic Control Devices for Streets and Highways;
(2) Engineering StandardsDevelopment standards of the department of
public works;
(3) Part VIII, "Regulations for Use of Public Streets and Projections over
Public Property," Uniform Building Code IBC regulations.
(d) Any right-of-way use permit that requires a partial lane or street closure may
require a certified flagger, properly attired, or an off-duty police officer for the
purpose of traffic control during the construction. The use of police officers is
mandatory for manual control of traffic at signalized intersections.
(e) All decisions of the director or their designee shall be final in all matters
pertaining to the number, type, locations, installation, and maintenance of
warning and safety devices in the public right-of-way during any actual work or
activity for which a duly authorized right-of-way use permit has been issued.
(f) Any failure of a permit holder to comply with the oral or written directives of
the director or their designee related to the number, type, location, installation or
maintenance of warning and safety devices in the public right-of-way shall be
cause for correction or discontinuance revocation of the right of way permit as
provided in this chapter.
12.40.170 Inspections.
(a) The public works director, or their designee, shall make such inspections as
are reasonably necessary in the enforcement of this chapter. As a condition of
issuance of any permit or authorization which requires approval of the
department, each applicant shall be required to consent to inspections by the
public works department or any other appropriate city department.
(a)(b) Fees for more than two inspections shall be charged in accordance with
the current City fee schedule.
12.40.180 Renewal of permits.
Each permit shall be issued for ofa specific duration as indicatedspecified on the
permit and may not be renewed. If continued use of the right-of-way is desired by the
permittee after expiration of a permit, they must apply for a new permit.
12.40.190 Performance bond or security . Assurance device.
(a) If the director determines that there is a potential for injury, damage, or
expense to the city as a result of damage to persons or property arising from an
applicant's proposed use of any right-of-way, or as a result of the city's need to
assure the adequate performance of or maintenance to the repairs and
restoration completed, the applicant shall be required to make a cash deposit, or
to provide an security assurance device or insurance in a form acceptable to the
director or designee for the activities described in the subject permit. The amount
of the deposit, security assurance device, or insurance shall be determined by
the director or his or her their designee, or as specified in the Engineering
Standards.
(b) The requirement to provide an assurance device or insurance are based on
considerations of the applicant’s prior performance, nature of the proposed use,
cost of the activity, length of use, public safety, potential damage to right-of-way
and potential liability or expense to the city.
In each case where the city requires or allows an applicant to provide an
assurance device, the director shall determine the type of assurance device that
will be used. The assurance device may be an assignment of funds, certificate of
deposit, performance bond, or other readily accessible source of funds.
(c) If after the date by which the required work or improvements are to be
completed under a performance assurance device, the director determines that
the conditions of the permitwork or improvements have not been complied with,
they shall notify the applicant. The notice must state:
(1) The work that must be done or the improvement that must comply with
the conditions of the permitrequirements and the assurance device; and
(2) The amount of time that the applicant has to commence and complete
the required work or improvements; and
(3) That, if the work or improvements are not commenced and completed
within the time specified, the city will use the proceeds of the assurance
device to have the required work or improvements completed.
(d) If the work or improvements covered by the assurance device are not
completed within the time specified in the notice given under subsection (dc) of
this section, the city shall obtain the proceeds of the device and do the work or
make the improvements covered by the device. The city may either have
employees of the city do the work or make the improvements or, by using
procurement procedures established by law, have a contractor do the work or
make the improvements.
(e) If at any time the director determines that actions or inaction associated with
any assurance device have created an emergency situation endangering the
public health, safety, or welfare, creating a potential liability for the city, or
endangering city streets, utilities, or property; and if the nature or timing of such
an emergency precludes the notification of applicants as provided in subsection
(dc) of this section while still minimizing or avoiding the effects of the emergency,
the city may use the assurance device to correct the emergency situation. The
city may have employees of the city do the work or make the improvements, or
may have a contractor do the work or make the improvements. If the city uses
the assurance device as provided by this section, the applicant shall be notified
in writing within four days of the commencement of emergency work. The notice
must state the work that was completed and the nature or timing of the
emergency that necessitated the use of the surety device without prior
notification.
(f) The permitee is responsible for all costs incurred by the city in doing the work
and making the improvements covered by the assurance device. The city shall
release or refund any proceeds of a performance device remaining after
subtracting all costs for doing the work covered by the device. The permitee shall
reimburse the city for any amount expended by the city that exceeds the
proceeds of the device. The city shall have a claim against the permitee for the
amount of any excess.
(a)(g) In each case where the city uses any of the proceeds of the device, it shall
give the permitee an itemized statement of all proceeds and funds used.
12.40.200 Hold harmless.
As a condition of permit issuance, a permittee shall agree to defend, indemnify
and hold harmless the city, its officers, employees and agents, from and against any
and all suits, claims or liabilities arising out of or in any way connected with, the
performance by the permittee of any work within the rights-of-way of the city pursuant to
the issued permit.
12.40.210 Limitation of liability.
This chapter shall not be construed as imposing upon the city or any official or
employee any liability or responsibility for damages to any person injured with the
performance of any work for which a permit has been issued.
12.40.220 Appeal of right-of-way use procedures, and related requirements.
Any applicant who questions the specific department procedures, requirements
or directives related to the private use of the public right-of-way may request in writing
that the director grant relief from the requirement or grant an alternative interpretation of
the requirement. The director will decide upon such written requests within 10 working
days. Changes to requirements may be granted if they improve safety, reduce costs,
reduce schedule or improve quality.
12.40.230 Violation-Penalty.
(a) The violation of or failure to comply with any provision of this chapter is
declared to be unlawful.
(b)(a) In addition to or as an alternative to any other penalty provided by this
chapter or by law , any person violating any provision of this chapter is guilty of a
misdemeanor, and shall be punished by a fine not to exceed five hundred dollars.
Each day that a violation continues shall constitute a separate offense.
Title 12
Chapter 12.44
TRUCK ROUTE CODE
Sections:
12.44.010 Purpose.
12.44.020 Definitions.
12.44.030 Restrictions--Operation of trucks, truck tractors, truck-trailers or truck
semi trailer combinations.
12.44.040 Authorized routes--Operation of trucks, truck tractors, truck-trailers or
truck semi trailer combinations.
12.44.050 Compression brakes.
12.44.060 Violations.
12.44.010 Purpose.
The purpose of this chapter is to regulate the kinds and classes of traffic on
certain streets within the city in order to promote the efficient movement of vehicles
while preserving the integrity of residential communities. It is also the purpose of this
chapter to restrict truck traffic in the city to the maximum extent possible to the state
highway system or to authorized truck routes and to prohibit truck traffic on city arterials
and streets except where no alternative state highway route or authorized truck route is
available.
12.44.020 Definitions.
Terms used within this chapter shall have the following meanings:
(a) "Arterial" means that term as now or hereafter designated on the city's
transportation classification systems as defined in the transportation element of
the city's comprehensive plan.
(b) "Hazardous cargo" means "hazardous materials," as defined in RCW
70.136.020(1), as now or hereafter amended.
(c) "Residential area" means those areas defined as "residential district" in RCW
46.04.470, as now or hereafter amended.
(d) "Semi trailer" means that term as defined in RCW 46.04.530, as now or
hereafter amended.
(e) "Trailer" means that term as defined in RCW 46.04.620, as now or hereafter
amended.
(f) "Truck" means "motor truck," as defined in RCW 46.04.310, as now or
hereafter amended.
(g) "Truck tractor" means "tractor," as defined in RCW 46.04.650, as now or
hereafter amended.
(h) "Vehicle" means that term as defined in RCW 46.04.670, as now or hereafter
amended.
(i) "Solid waste vehicle" means vehicles operated by or contracted to operate by
the city or Snohomish County for the purpose of collection of waste associated
with the operation of a solid waste utility.
(j) "Recreational vehicle" means those vehicles defined as a "camper," "motor
home" or "travel trailer" in RCW 46.04.085, RCW 46.04.305, and RCW 46.04.623
as now or hereafter amended.
12.44.030 Restrictions--Operation of trucks, truck tractors, truck-trailers or truck
semi trailer combinations.
No truck, truck tractor, truck and trailer combination or truck tractor and semi
trailer combination, except recreational vehicles, shall operate on any city street, unless
traveling to or from a destination, related to commerce, within the city limits of the city of
Arlington.
12.44.040 Authorized routes--Operation of trucks, truck tractors, truck-trailers or
truck semi trailer combinations.
All trucks, truck tractors, truck and trailer combinations, truck tractor and semi
trailer combinations over eight feet in width, over thirty feet in length, or over thirty-two
thousand pounds licensed gross weight, and all vehicles transporting hazardous cargo,
shall be restricted to the state highway system or to one of the following authorized
routes while traveling to or from locations within the city; provided, when such locations
are not immediately adjacent to a state highway route or an authorized truck route,
vehicles described in this section shall use the shortest and most direct city arterial
route between the nearest highway route or authorized truck route and such departure
location or destination location, and such vehicles may not use city non-arterial streets
except when traveling directly between such locations and the nearest arterial highway
or authorized truck route:
Route 1: SR 9 within the corporate limits of Arlington.
Route 2: SR 531 (172nd Street NE) within the corporate limits of Arlington.
Route 3: SR 530 within the corporate limits of Arlington.
Route 4: Smokey Point Blvd. from south city limits to SR 530.
Route 5: 59th Avenue NE from south city limits to 195th Street NE.
Route 6: 195th Street NE from 59th Avenue NE to 63rd Avenue NE.
Route 7: 63rd Avenue NE from 1975th Street NE to 18897th Street NE.
Route 8: 197th Street NE from 63rd Avenue NE to 67th Avenue NE.
Route 9: 67th Avenue NE from south city limits to Lebanon Street.
Route 10: West Avenue from Lebanon Avenue to Division Street.
Route 11: Division Street from SR 9 to West Avenue.
Route 12: 188th Street NE from Smokey Point Blvd. tTo 47th Avenue NE.
Route 13: 47th Avenue from 188th Street NE to 198th Street NE (Cemetery Road).
Route 14: 198th Street NE (Cemetery Road) from 47th Avenue NE to 67th Avenue NE.
Route 15: 204th Street from 67th Avenue NE to SR 9.
Route 16: 204th/209th Street Corridor from SR 9 to Stillaguamish Avenue (Burn Road).
Route 17: Stillaguamish Avenue (Burn Road) from 209th Street NE to city Limits.
Route 18: 51st Avenue NE from 172nd Street NE to southern city limits.
Route 19: 211th Place NE from SR 530 to 67th Avenue NE.
12.44.050 Compression brakes.
No person shall use motor vehicle brakes which are in any way activated or
operated by the compression of the engine of any such motor vehicle or part thereof. It
shall be an affirmative defense that said compression brakes were applied in an
emergency and were necessary for the protection of persons or property. This section
shall not apply to emergency vehicles.
12.44.060 Violations.
Unless another penalty is expressly provided herein, any person violating any
provision of this chapter shall be found to have committed a traffic infraction and shall
be punished by a penalty of one hundred and seventy-five dollars. In addition to any
penalty for violation of the provisions of this chapter, such violator shall be liable in a
civil action instituted in the name of the city for any damages occasioned to any city
street as the result of such violation.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Discussion #8
ATTACHMENT L
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT:
Update of Arlington Municipal Code – Title 13
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
Strikeout version of Title 13 – Water & Sewer
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW: Legal review is ongoing
DESCRIPTION:
Proposed changes within Title 13 of the Arlington Municipal Code are attached for the
Council’s review. AMC Title 13 discusses a variety of regulations involving the City’s water,
sewer, and stormwater utilities, including rates for all three.
HISTORY:
The City Council is reviewing the Arlington Municipal Code to update it for eventual
publication to the City’s website.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time.
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Arlington Municipal Code
Title 13 WATER AND SEWERS (PROPOSED)
Chapters:
13.04 Water Regulations (COMPLETE REWRITE)
13.08 Sewer Regulations (COMPLETE REWRITE)
13.12 Sewer and Water Rates (REVISIONS)
13.16 Solid Waste Management Plan (NO CHANGES)
13.20 Utility Connections Outside City Limits (REVISIONS)
13.24 Utility Reimbursement Agreements (REVISIONS)
13.28 Stormwater Management (COMPLETE REWRITE)
13.32 Cross-Connection Control (REVISIONS)
13.36 Pre-treatment (NEW – TO BE INTRODUCED LATER)
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Title 13
Chapter 13.04
WATER UTILITY CODE
Sections:
13.04.010 Title.
13.04.015 Water department established.
13.04.020 Purpose.
13.04.030 Territorial application.
13.04.040 Intent.
13.04.050 Definitions.
13.04.055 Applicability
13.04.060 Authority of the utility.
13.04.065 Duty to serve.
13.04.067 Service interruptions.
13.04.070 Comprehensive Water system plan.
13.04.080 Emergency plan.
13.04.090 Water shortage contingency plan.
13.04.100 Connections or modifications to the water system.
13.04.115 System ownership.
13.04.120 Permits and Approvals.
13.04.125 Demolition and removal of structures
13.04.130 Engineering and design requirements.
13.04.135 Fire Services
13.04.140 Installation responsibility.
13.04.150 Latecomer agreements.
13.04.160 Water easement requirements.
13.04.170 Construction requirements.
13.04.175 Construction and warranty inspections and tests.
13.04.180 Water quality programs.
13.04.185 Wellhead protection
13.04.190 Cross-connection abatement and control.
13.04.200 Water conservation practices
13.04.215 Maintenance of water system.
13.04.220 Existing system inspections.
13.04.230 Interconnection with adjacent water systems.
13.04.240 Regulations of other agencies.
13.04.250 Fees for permits/approvals – Specific services.
13.04.260 Connection charges.
13.04.270 Water rates.
13.04.280 Violations – Penalties.
13.04.010 Title.
This chapter shall be known as the water utility code and shall be referred to herein as
the “code.”
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13.04.015 Water department established.
A department of the combined water and sewer department of the city, which shall be
known as the utility department, is established. The officers and other employees shall consist
of such personnel as deemed necessary for the efficient administration of the department.
13.04.020 Purpose.
The purpose of this code is to:
(a) Provide for the planning, security, design, construction, use, maintenance, repair
and inspection of public and private water systems and to protect the life, health and
property of the general public.
(b) Establish programs and regulations consistent with federal and state regulations
which assure the quality of the water in such systems as well as provide for the efficient
and conservative use of such water.
(c) Provide for the enforcement of the provisions of this code.
13.04.030 Territorial application.
This code shall be in effect throughout the utility service area, as defined in AMC
13.04.050
13.04.040 Intent.
It is the specific intent of this code to:
(a) Enact an exercise of the police power of the City of Arlington to protect and
preserve the public health, safety and welfare; its provisions shall be liberally construed
to accomplish this purpose.
(b) Provide for and to promote the health, safety and welfare of the general public
and not to create or otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted.
(c) Place the obligation of compliance upon the owner/operator. Nothing contained
in this code is intended to be or shall be construed to create or form the basis for liability
on the part of the City of Arlington, its utility, officers, employees or agents for any injury
or damage resulting from the failure of the owner or operator of any private system to
comply with the provisions of this code, or by reason or in consequence of any act or
omission in connection with the implementation or enforcement of this code by the City
of Arlington, its utility, officers, employees or agents.
13.04.050 Definitions.
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The following words and phrases, when used in this code, shall have the following
meanings:
(a) “AMC” means Arlington Municipal Code.
(b) “As-built” means a final drawing of the actual installation of structures, materials and
equipment that meets the requirements specified in the most recent edition of the “City
of Arlington Engineering Design and Construction Standards and Specifications”.
(c) “Backflow” means the flow of contaminated water or other liquids, gases or
substances into the potable water supply.
(d) “Backflow prevention assembly” means an assembly which prohibits the
backflow of water into the potable water supply.
(e) “Billing Unit” means, in the case of multiple occupancy commercial or industrial
facilities, each unit shall be defined as an occupancy or business capable of standing
alone. A unit that has restroom facilities, a separate entrance and that is able to operate
regardless of whether other businesses or units are open for business. For example, a
florist within a supermarket would not be a billing unit; a florist in a multiple occupancy
strip mall with its own entrance would be a separate unit for billing purposes.
(f) “City” means the City of Arlington, Washington unless otherwise specified.
(g) Comprehensive Water System Plan” means the latest version of the City of
Arlington Comprehensive Water System Plan as adopted by the City Council.
(h) “Connection charges” means charges imposed as a condition of providing utility
service so that each connecting property bears its equitable share of the costs of the
public water system and the utility’s share the cost of any regional water supply system
and of the costs of facilities that benefit the property. Connection charges may include
latecomer charges and installation charges.
(i) “Cross-connection” means any actual or potential physical connection between
the public water system or the consumer’s water system and any source of non-potable
liquid, solid or gas that could contaminate the potable water supply by backflow.
(j) “Cross-connection control” means a backflow prevention assembly, air gap or
other control designed to prevent backflow from a cross-connection.
(k) “Director” means the director of the Arlington Public Works Department, or
his/her designated representative.
(l) “Emergency” means any natural or human caused event or set of circumstances
which disrupts or threatens to disrupt or endanger the operation, structural integrity or
safety of the public water system; constitutes an immediate health hazard to the
potability of the utility’s water supply or endangers the health and safety of the public; or
otherwise requires immediate action by the utility.
(m) “Engineering Standards” means the most recent edition of the City of Arlington
Design and Construction Standards and Specifications manual which includes minimum
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requirements for the design and construction of water, storm and surface water drainage
and sanitary sewer facilities.
(n) ”ERU” means equivalent residential unit. One ERU equals 250 gallons per day,
the estimated average consumption for one residential unit. The ERU is used for
connection fee calculations and is based on the number of residential units the project
will represent in terms of impact to the utility.
(o) “Inactive Service” means any water service that has not been in use for 5 years
or more. Reactivation of a water service that has been inactive for 5 years or more shall
only be reactivated upon payment of all fees for a new connection in effect at the date of
reactivation. No service credit will be allowed for services discontinued for 5 years or
more.
(p) “Fire hydrant assembly” means a fire hydrant and the piping and valve to connect
it to a water main.
(q) “Fire sprinkler system” means a privately owned and maintained system used for
fire extinguishment only, including piping and appurtenances inside and outside a
building but excluding fire hydrant assemblies.
(r) “Irrigation systems” means any means of applying water to landscaped areas.
(s) “Low-volume irrigation systems” means automatic irrigation systems, such as
drip systems, micro-spray bubblers and soaker hoses that apply water directly to the root
zone(s) of landscape plants only, in contrast to irrigation systems, such as those with
overhead or broadcast nozzles that apply water to all surfaces within the landscape.
(t) “Potable water system” means any part of the public water system or of a private
water system that carries potable water.
(u) “Private water system” means any part of the water system that is not part of the
public water system.
(v) “Property owner” means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in the
subject property or has been authorized by the owner to act on his/her behalf.
(w) “PRV” means pressure reducing valve. A PRV is a valve installed on the water
service to reduce system pressure to the customer. The PRV is installed, owned,
operated and maintained by the customer.
(x) “Public water system” means all pipes, pump stations, reservoirs, sources of
supply, meters, valves and appurtenances that are owned by the utility for the delivery of
potable water. The public water system does not include those facilities located on the
customer side of meters, or the customer side of backflow prevention assemblies on
non-metered fire services.
(y) “Service connection.” See “water service.”
(z) “Service Credit” means when an active service is temporarily (5 years or less)
discontinued for purposes of replacement of existing customer uses, either as
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replacement of existing structures or redevelopment the new service may be given credit
for the existing service on the request for service application. The ERU’s originally paid
for on the existing use may be credited against the connection fees determined by the
utility for the new use.
(aa) “Regional water supply system” means any existing or planned water supply
facilities or other assets which are owned by a regional water supply agency and which
are utilized to provide water supply to the utility.
(bb) “Unsafe condition” means any condition on any premises, or in any private water
system thereon, that is a hazard to public health or safety, that does or may impair or
impede the operation or functioning of any portion of the public water system, or that
may cause damage thereto.
(cc) “Utility” means the water utility component of the Utilities Division of the City of
Arlington Public Works Department.
(dd) “Utility service area” means that service area defined in the North Snohomish
County Coordinated Water System Plan (CWSP).
(ee) “Water emergency” means that period of time during which water is not available
or its availability is limited due to shortages in supply, interruptions in the water
transmission or distribution systems, contamination of water supplies, or other conditions
where use restrictions or prohibitions are necessary in order to efficiently and effectively
safeguard the safety and health of the general public and to provide water for essential
public uses.
(ff) “Water facility” means any facility for the source of supply, pumping, treatment,
conveyance or storage of water and related appurtenances, whether part of the public
water system or a private water system that is connected to or intended to be connected
to the public water system.
(gg) “Water main” means a water pipe that is part of the public water system used for
the transmission and distribution of potable water, excluding service connections, fire
hydrant assemblies and fire sprinkler systems.
(hh) “Water service” (also called a service, water service connection or service
connection) means the pipe and appurtenances used to provide potable water to an
individual building or irrigation system, including the water service line (the pipe
extending from the water main to the meter), meter, meter box, and miscellaneous
fittings.
(ii) “Water system” means the entire public water system within the utility service
area.
(jj) “Water system plan” means the most current version of water system
comprehensive plan for the utility as approved by the DOH and adopted by Council.
13.04.055 Applicability of the utility
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Any of the actions or applications for the following permits shall require submittal for
approval by the utility, site plans, design drawings, and operation and maintenance plans.
Submittals shall be consistent with the provisions of this code and shall comply with the adopted
Water System Plan and the Engineering Standards.
(a) Any modification to the existing water system.
(b) Any additions, expansions or extensions of the existing water system.
(c) New development.
(d) Redevelopment that requires alterations to the water system.
(e) Subdivision and short subdivisions
(f) Commercial, industrial or multi-family site plan approval.
13.04.060 Authority of the utility.
The utility, by and through its director, or designee shall have the authority to:
(a) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to, procedures
pertaining to the billing and collection of water consumption charges, water service
charges and all other fees and charges imposed pursuant to this code, and procedures
for periodic adjustment of fees and charges imposed pursuant to this code and rate
structure as defined in AMC 13.12.
(a) Prepare and update, as needed, City of Arlington Engineering Standards to
establish minimum requirements for the design and construction of water facilities and
requirements for protecting existing facilities during construction. The Engineering
Standards shall be consistent with this code and adopted city policies.
(b) Administer and enforce this code and all procedures relating to the planning,
acquisition, security, design, construction, inspection, maintenance, management,
operation and alteration of the public water system, including capital improvements, and
relating to the design, construction and inspection of private water systems.
(c) Enter into any contracts pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts which provide for the reimbursement of owners
constructing facilities (latecomer agreements) and agreements with private property
owners for the extension of the public water system (utility extension agreements).
(d) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(e) Initiate and manage programs to further the water quality requirements and
objectives of the utility including inspection of public and private property to identify and
eliminate potential sources of contamination of the public water system and the sources
of supply including inspection of backflow prevention assemblies installed to separate or
isolate premises from the public water system.
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(f) Develop and implement programs and restrictions related to water use, including the
comprehensive water conservation program, landscape water budgeting requirements,
irrigation system design and performance requirements, and a water shortage
contingency plan to be implemented during water shortages caused by weather or by
system failure.
(g) Prepare and recommend the water system plan referenced in AMC 13.04.070 and
revisions thereto, for adoption by the city council and implementation by the utility.
(h) Carry out other responsibilities as required by this code or other city codes,
ordinances or regulations consistent with the Arlington Comprehensive Plan.
(i) Shut off water to any utility customer who is violating any provision of this code to
the extent permitted by law.
(j) Perform or direct the performance of financial review and analysis of the utility’s
revenues, expenses, indebtedness, rates and accounting and recommend budgets,
rates and financial policy for adoption by the city council.
13.04.065 Duty to serve.
The utility is responsible for providing water service to all customers within the utility
service area subject to the requirements of this code, other provisions of the Arlington City Code
and applicable state law.
13.04.067 Service interruptions.
The utility does not guarantee that water will be continuously available within the utility
service area. Water may be temporarily unavailable due to a system failure, emergency,
construction or maintenance or other unforeseen circumstance.
13.04.070 Comprehensive Water System Plan.
A water system plan, also referred to as the City’s Water Comprehensive Plan, shall be
developed by the utility for review and adoption by the city council as required by state law. The
utility shall recommend supplements or updated plans for adoption by the city council as
needed.
13.04.080 Emergency plan.
The utility will prepare and update an emergency plan, as required by WAC 246-290-
415, as part of the City’s Emergency Operation Plan, for review and adoption by the city council.
13.04.090 Water shortage contingency plan.
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The utility shall develop, maintain and implement as necessary, a water shortage
contingency plan to respond to anticipated or actual water supply shortages resulting from
weather conditions, regional water system failure and/or local public water system failure. the
director is authorized to implement the water shortage contingency plan at such times as the
city’s water supply is threatened by or experiencing a water supply shortage. Within the
framework of the Water Shortage Contingency Plan, the director may impose restrictions or
limitations on the use of water by type of use, customer class or geographic area depending
upon the nature and extent of the water supply shortage. A rate surcharge may be imposed
pursuant to AMC 13.04.270.
13.04.100 Connections or modifications to the water system.
Connections or modifications to the public water system including, but not limited to,
extension of water mains, new service, meter size, location and grade changes, abandonment
or removal of any structure connected to the public water system, and temporary connections to
a fire hydrant, shall be allowed only if:
(a) Approval has been received from the utility (see AMC 13.04.120); and
(b) All applicable requirements of this code and utility procedures have been met;
and
(c) All applicable Engineering Standards have been met and approved by the utility;
and
(d) The property owner has paid all applicable fees and charges; and
(e) The water is delivered from the utility to the user via a metered service owned by
the utility, except for fire sprinkler systems over two inches in diameter and except for
authorized temporary use of fire hydrants.; and
(f) Any private wells serving the property are disconnected from the potable water
supply, decommissioned per Engineering Standards, existing water rights transferred to
the utility; and
(g) Any existing non-reusable water services are abandoned; and
(h) The property is within the utility service area or within an area served by the utility
through agreement with another jurisdiction.
13.04.115 System ownership.
Utility Ownership of Water Facilities.
(a) The utility owns all water facilities in public right-of-way and in easements dedicated
to and accepted by the utility, up to and including the meter, except to the extent that
private ownership is otherwise indicated as a matter of record. Such facilities typically
include:
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(1) Meters and all facilities connecting meters with water mains;
(2) Pipe and fittings from the back side of the meter to the point of connection to the
private system at the right of way, property line or easement line.
(3) Water mains;
(4) Fire hydrant assemblies;
(5) Reservoirs, pumping stations, inlet meters, pressure reducing valve stations and
other appurtenances intended to serve the general public;
(6) The valve separating the public water system from a private fire sprinkler
system.
(7) PRV’s are required for all services. The installation, operation, maintenance and
ownership of the PRV is the responsibility of the owner of the property being served.
(8) Separate shut off valves are required for all services. The installation, operation,
maintenance and ownership of the shut off valve is the responsibility of the owner of
the property being served.
(b) The utility may acquire existing private water facilities, provided that:
(1) Ownership of the facility by the utility would provide a public benefit; and
(2) Necessary and appropriate property rights are offered by the property owner at
no cost to the utility; and
(3) The facility meets current Engineering Standards, as determined by the utility, or
is brought up to current Engineering Standards by the owner; and
(4) The utility has adequate resources to maintain the facility; and
(5) The facility is transferred to the utility by bill of sale at no cost to the utility.
(c) It is unlawful for any person, except Water Department personnel or Fire
Department personnel, to tamper with any portion of the City owned water system,
including the operation of valves, fire hydrants, meters, appurtenances, vandalism and
theft of water.
13.04.120 Permits and Approvals.
(a) General. The utility shall administratively determine submittal requirements for all
utility permits and approvals.
(b) Application for Water Service. An application for water service is required to initiate
a new or upgraded connection to the public water system.
(c) Water System Extension Agreement.
(1) The property owner and the utility shall enter into a water system extension
agreement whenever any of the water facilities that must be installed to serve the
property for the proposed use are two (2) inch and larger. The water system
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extension agreement shall provide for the property owner to build, at no cost to the
utility, all the water facilities needed to serve the property. These facilities may
include meters and water services of any size, fire hydrant assemblies, fire sprinkler
systems, water main extensions and/or other system components. The minimum
facility size shall be in accordance with the Engineering Standards of the City of
Arlington.
(2) The utility shall approve constructed facilities as complete once the facilities
have been built according to the approved plans and specifications, as confirmed by
utility inspectors; as-built drawings have been completed as specified in the
Engineering Standards; and all applicable fees and charges have been paid.
(3) The property owner shall be required to provide surety devices, in a form
approved by the City: for water system extensions in city right-of-way; for
connections to the water main during construction and for a warranty period in
accordance with the City of Arlington Engineering Standards.
(4) When a water system extension agreement is required to serve a proposed
commercial or multifamily building, the utility will not sign off on the building permit
until the system extension agreement has been approved and accepted by the
utility. When a water system extension agreement is required to relocate a water
main from under a proposed building, the utility shall not sign off on the building
permit until the system extension has been completed and has been accepted by
the utility, unless the building permit is conditioned to require relocation prior to site
construction.
(d) Approval for Single Fire Hydrant Installation. The utility may allow relocation or
upgrade of a single fire hydrant through an administrative process rather than through a
water system extension agreement, provided that proof of insurance and a surety device
acceptable to the utility are furnished to the utility and all review and inspection fees are
paid. A warranty period shall be required in accordance with the City of Arlington
Engineering Standards.
(e) Fire Hydrant Use Permit. A fire hydrant use permit is required to use water provided
through fire hydrants. There is a deposit required, a monthly rental fee and a use fee
based on the actual consumption. A fire hydrant use permit will be issued only if the
applicant demonstrates need and agrees in writing to the following conditions:
(1) Water may be drawn from the fire hydrant only through hydrant meters or
adapters owned by the utility.
(2) Truck or tank backflow assemblies for tank lot sales are subject to utility
approval. The customer must pass a utility cross-connection inspection prior to
permit issuance.
(3) Persons issued fire hydrant use permits must:
(A) Return utility-owned equipment in good condition by the date specified and
compensate the utility for any loss or damage.
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(B) For tank lot sales, the customer must utilize utility owned metering
equipment and report the meter readings as specified by the utility.
(4) Tank trucks may only draw water from fire hydrants designated by the utility for
this purpose.
(5) The utility may suspend fire hydrant use permits during water emergencies or if
the customer violates any of the conditions listed under this subsection E.
(6) No water shall be used other than through a utility authorized metering device,
any theft of water shall be a misdemeanor
(f) Contractors. Contractors shall be licensed in accordance with Washington State
requirements and shall be registered with the City of Arlington.
(g) Other Permits. It is the property owner’s responsibility to identify and obtain all
permits/approvals required for any proposed work, such as, but not limited to, any
approvals required by the Washington State Department of Fish and Wildlife, the
Washington State Department of Ecology and the Army Corp of Engineers.
13.04.125 Demolition or removal of structures.
(a) Utility services to existing structures must be protected during the demolitions or
removal of such structures. See 13.04.050 for inactive service definition and 13.04.050
for service credit definition for redevelopment.
(b) Existing wells must be decommissioned per the City of Arlington Engineering
Standards.
13.04.130 Engineering and design requirements.
(a) General.
(1) The property owner is responsible for water system design.
(2) The water system designer must be a civil engineer licensed in the State of
Washington and qualified by both experience and educational background in the
design of water facilities.
(3) Engineering and design shall conform to the City of Arlington Design and
Construction Standards and Specifications manual.
(b) Water Facility Requirements.
(1) Whenever property is developed or redeveloped in any way such that water
demand or use is altered, new water facilities are required whenever necessary to:
(A) Meet fire flow and other fire protection requirements, including the number
and location of fire hydrants and fire sprinkler components, as determined by the
fire marshal’s office of the jurisdiction in which the project is located.
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(B) Meet domestic and irrigation flow requirements. See the Engineering
Standards.
(C) Meet pressure requirements. See the Engineering Standards.
(D) Replace or relocate existing facilities as required or authorized by the utility.
(2) Whenever property is developed or redeveloped, water mains shall be extended
through and to the extremes of the property being developed as required by the
utility when needed for the orderly extension or efficient gridding of the public water
system.
(c) Water Service Design.
(1) Water services shall be sized and designed in accordance with the Engineering
Standards.
(2) Each premise shall have appropriately sized and designed separate water
service or services. All services shall be metered. Premises containing no more than
three multiple residential dwelling units, commercial or industrial businesses shall
have a separate metered water service for each individual dwelling unit and/or
commercial or industrial unit, except where situations and/or special conditions exist
that make an individual service for each unit impossible or unfeasible at the
discretion of the Director of Public Works. The Director of Public Works shall
determine when such situations or conditions prohibit individual services.
(3) Condominiums must have individual metered water services to each
condominium unit.
(4) No water service or water main shall be located under or within 5’ of any
building.
(d) Cross-Connection Control. All connections to the public water system shall
comply with the backflow prevention requirements of AMC 13.04.190.
13.04.135 Fire Services.
(a) Fire protection services are installed solely for the purpose of providing water to
public fire hydrants, automatic fire sprinkler systems, on-site fire hydrants or standpipes.
(b) It is unlawful for any person, except Water Department personnel or Fire
Department personnel, to open, operate, close, turn on, turn off, interfere with, or
connect anything to a public fire hydrant or fire hydrant valve.
(c) All privately owned fire protection services shall include a flow-detection device of
a type approved by the utility. No domestic water supply connections are allowed on a
fire protection service.
(d) The water department shall not be liable or responsible for any losses by fire for
reason of any lack of supply of water or water pressure at the time of fire alarms or at
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any other time. Water is supplied for domestic and sprinkling purposes, not for fire
protection to any consumer, and all contracts for water are made subject to this rule.
13.04.140 Installation responsibility.
(a) Utility Installation.
(1) The utility may install water services two inches and smaller in diameter, where
services are not provided through a water system extension agreement pursuant to
AMC 13.04.120, provided the owner agrees to pay all costs, fees and charges
pursuant to AMC 13.04.100.
(b) Property Owner Installation. The property owner shall install all water facilities
required by this code necessary to serve the property.
(c) Costs. The property owner shall be responsible for all installation costs
regardless of whether the work is done by the utility or by the owner, provided that:
(1) If the utility requires a property owner to upsize a water facility for reasons other
than fire protection purposes or to adequately serve the owner’s property, the utility
will compensate the property owner for the difference in cost between the normally
sized water facility and the oversized water facility, based on the lowest of three bids
from reputable licensed contractors furnished by the property owner. Upsizing
means the difference between the City of Arlington minimum design standards and
the city’s desired facility size.
(2) An owner who constructs a water system extension that directly benefits a
property in addition to the owner’s may request a latecomer agreement in order to
be reimbursed from benefiting properties that connect to the extension during the
agreement’s duration. See AMC 13.04.150 regarding latecomer agreements.
(3) If the city chooses to install water facilities to facilitate development, coordinate
with other city projects, or for other utility purposes, it may recover its costs,
including interest, through a connection charge.
13.04.150 Latecomer agreements.
See AMC 13.24 Utility Reimbursement Agreements.
13.04.160 Water easement requirements.
(a) An easement is required whenever a public water facility will be built on private
property and whenever a private water facility will be built on property owned by a
different private party. Evidence of the easement between the applicant and property
owner shall be provided to the City.
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(b) Requirements. All of the following requirements shall be met before the city will
accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The easement shall be consistent with the utility clearance standards and
setback standards and with other utilities or easements. The utility may require the
easement to exclude other utilities and uses if necessary to protect the public water
system and shall contain provisions for long term maintenance; and
(3) The easement shall provide access to the facility for repair and maintenance.
When deemed necessary by the utility, the easement shall contain provisions for
long-term maintenance; and
(4) The easement must prohibit all structures within the easement area except
those which can readily be removed by the structure’s owner at the owner’s
expense when access to the water facility is required by the utility. If such structures
are in the easement, an agreement with the utility to remove the structure on
request shall be recorded; and
(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the Utility from performing necessary
maintenance, repair, or replacement work on the utility located within the easement.
The Utility may request the land owners upon where the easement resides to
remove select vegetation and landscape. If the land owners upon where the
easement resides fail to comply with the request to remove vegetation and
landscape, the Utility may remove the landscaping with City employees or a
licensed contractor at the owner’s expense.
(6) The easement dimensions and other requirements shall be consistent with the
Engineering Standards. The easement must be recorded prior to final approval of
the project.
(c) Costs. The property owner shall pay all costs of providing or obtaining and
recording the easement.
(d) Relinquishment of Easement. An easement granted to the utility may be
relinquished only if the utility determines it is no longer needed and the city council
authorizes the relinquishment.
13.04.170 Construction requirements.
(a) General. When constructing or modifying water facilities, compliance is required
with this code, the City of Arlington Engineering Standards, the approved permit, plans
and specifications, the terms of any water system extension agreement, the
recommendations of the manufacturer of the materials or equipment used and any
applicable local, state or federal requirements.
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(b) Safety Requirements. Utility staff will perform inspections only if shoring and
other site conditions conforms to WISHA safety standards and other safety
requirements, as applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete water facility construction begun by a property owner or
contractor, or take steps to restore the site (such as backfilling trenches and
restoring the public right of way if the work does not meet the requirements of this
code, the Engineering Standards and other applicable utility requirements, the
contractor or person doing the work fails to rectify the problem following notification
by the utility; and the work, in the opinion of the utility, constitutes a hazard to public
safety, health or the public water system.
(2) Utility costs incurred pursuant to subsection (C)(1) of this section shall be
calculated pursuant to AMC ___ and charged to the owner or contractor in charge
of such work. The permittee shall pay the utility immediately after written notification
is delivered to the responsible parties or posted at the location of the work. Such
costs shall constitute a civil debt owing to the utility jointly and severally by such
persons who have been given notice as herein provided. The debt shall be
collectable in the same manner as any other civil debt owing the utility.
(3) If, in the opinion of the director, the work being performed is not in accordance
with these codes or Engineering Standards and the permittee is unwilling to change
or correct the deficiencies, the director may issue a stop work order until the
deficiencies are corrected.
(d) As-Built. An as-built plan of the properties water system shall be completed
according to the requirements in the Engineering Standards prior to the City’s
acceptance of the improvements or final approval by the utility inspectors.
13.04.175 Construction and warranty inspections and tests.
(a) Construction/Installation Inspection.
(1) All projects permitted or approved by the utility under a water system extension
agreement or other permit are subject to utility inspection to ensure compliance with
the code and permit/approval conditions. As a condition of permit issuance or
extension agreement, the applicant shall consent to inspection and testing.
(2) Newly installed water facilities shall be inspected, tested, and documentation
completed according to the Engineering Standards and procedures.
(3) Newly installed or relocated backflow prevention assemblies shall be inspected,
tested, and certified pursuant to the requirements of AMC 13.04.190.
(4) The quality, taste and odor of water drawn from new water mains shall be the
same as the quality, taste and odor of water in the existing facility classed as
acceptable for use by the utility. Should the water not be acceptable in quality, taste
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or odor, required steps as approved by the utility shall be taken to attain acceptable
water quality standards.
(b) Warranty Inspections and Tests. Facilities and equipment accepted by the utility
under specific warranties may be re-inspected at the utility’s discretion and, if necessary,
retested prior to the expiration of the warranty period, whether for performance or
maintenance bonds, as per the Engineering Standards.
13.04.180 Water quality programs.
(a) General Requirements. The utility shall initiate and carry out any water quality
testing, monitoring, maintenance, corrective activities or other activities necessary to
ensure that the city’s public drinking water meets or exceeds drinking water standards
and other requirements of Chapter 246 WAC, the Washington State Health
Department’s Rules that Govern Group A Public Water Systems, the Federal Safe
Drinking Water Act and any other applicable federal, state or local requirement for public
drinking water, as now or hereafter amended.
(b) Implementation of Water Quality Programs. To maintain water quality in the most
effective and efficient manner, the utility may initiate, implement and carry out any
required or necessary water quality testing, monitoring, maintenance, or corrective
activities or programs locally, jointly with the Snohomish PUD water utility, jointly with
other state recognized water purveyors; or jointly with other federal, state or local
agencies having jurisdiction within the city’s water service area.
13.04.185 Wellhead Protection
The utility shall have a wellhead protection program conforming to the requirements of
WAC 246-290-135 so as to protect the general public health and prevent contamination of
groundwater resources used by the city as a source of supply. Other specific requirements of
the wellhead protection program are outlined in AMC Title 20. The Wellhead and Watershed
Protection Program are in the currently adopted in the City Of Arlington Comprehensive Water
System Plan.
13.04.190 Cross-connection abatement and control.
(a) General.
(1) The utility shall initiate and carry out a cross-connection abatement and control
program in conformance with state law by establishing and maintaining minimum
requirements for the installation, inspection, testing, certification and maintenance of
backflow prevention assemblies. The program shall meet the minimum
requirements of WAC 246-290-490 and the latest edition of the Uniform Plumbing
Code adopted by the city.
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(2) The utility hereby adopts by reference the Standards and Requirements of WAC
246-290-490, as now or hereafter amended.
(b) Approved Backflow Prevention Assemblies. Only those backflow prevention
assemblies identified in the most recent list of Approved Backflow Prevention
Assemblies, published by the University of Southern California (USC), shall be approved
for installation.
(c) New or Upgraded Cross-Connection Control Requirements.
(1) In situations where there is an existing water service or use and the water
supply is protected from cross-connection by a nonconforming backflow prevention
assembly (i.e., an assembly that does not meet the current Standards and
Requirements of WAC 246-290-490 or this code), the existing nonconforming
backflow prevention assembly shall, at the owner’s risk, be allowed to remain in
service only if:
(A) At the time the backflow prevention assembly was installed the assembly
was a state-approved backflow prevention assembly; and
(B) At the time the backflow prevention assembly was installed its installation
was approved by the City as appropriate for the degree of hazard; and
(C) The backflow prevention assembly does not meet the criteria for upgrading
as required in subsection (C)(2) of this section.
(2) All existing nonconforming backflow prevention assemblies shall be replaced
and upgraded to current standards at such time as any of the following conditions
exist:
(A) The assembly fails to operate properly;
(B) The assembly fails required annual testing and certification;
(C) The assembly requires continual and excessive repair or maintenance;
(D) The degree of hazard at the premises increases from that which existed at
the time the assembly was installed; or
(E) The water service, fire sprinkler system or plumbing are, or have been,
modified.
(3) When the utility discovers previously unknown and/or unprotected cross-
connections, the utility shall notify the property owner of the cross-connection, the
degree of hazard, and the cross-connection abatement and control measures
required. The property owner shall make provision to implement all required
abatement and control measures within the time frame specified by the utility
subject to the enforcement provisions of AMC _____or state law.
(d) Inspection, Testing and Certification Requirements.
(1) All newly installed or relocated backflow prevention assemblies shall be
inspected and tested by the utility.
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(2) All backflow prevention assemblies shall be inspected, tested and certified
annually by the utility or a private backflow prevention assembly tester certified by
the Washington State Department of Health.
(e) Costs and Fees. The property owner shall be responsible for paying all costs and
fees associated with the installation, inspection, testing, certification, repair, replacement
or upgrade of backflow prevention assemblies. See AMC ___ regarding fees.
13.04.200 Water conservation practices.
(a) Purpose. The conservation and efficient use of water is a public purpose of
highest priority to the City of Arlington. It will result in extended use of current water
supplies, reduction in public costs for the construction of enlarged water and sewer
facilities, enhancement of public health, safety and welfare, and preservation of natural
resources.
(b) Waste of Water Prohibited.
(1) The waste of water supplied by the utility is prohibited at all times. In addition to
the restrictions specified in subsection 2 below, waste of water includes all
applications of water which do not result in a beneficial use of the city’s public water
supply.
(2) The following nonessential uses of water are prohibited on all properties
connected to the city’s water system, whether inside or outside of the city limits:
(A) Washing sidewalks, walkways, driveways, parking lots, patios and other
exterior paved areas by direct hosing.
(B) Escape of water through breaks or leaks within the customer’s plumbing or
private distribution system for any period of time beyond which such break or
leak should reasonably have been discovered and corrected. It shall be
presumed that a period of 48 hours after the customer discovers a leak or break,
or receives notice from the city of such leak or break, whichever occurs first, is a
reasonable time within which to correct the same.
(C) Noncommercial washing of privately owned motor vehicles, trailers and
boats, except from a bucket or a hose equipped with a shut-off nozzle used for
quick rinses.
(D) Lawn sprinkling and irrigation which allows water to run off or overspray the
lawn area. Every customer is deemed to have knowledge of and control over his
lawn sprinkling and irrigation at all times.
(E) Sprinkling and irrigation of lawns, groundcover or shrubbery between the
hours of 10:00 a.m. and 4:00 p.m., or on any day not authorized by the rotation
schedule announced on an annual basis by the City.
(c) Conservation Plan Required.
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(1) A water conservation plan is included in the currently adopted City of Arlington
Comprehensive Water System Plan.
(2) Water conservation plan may be revised as needed as part of the
comprehensive planning process referenced in AMC 13.04.070
(3) Enforcement; penalties. If the city determines that any customer is violating any
provision of this chapter it shall notify said customer, in writing, that the violation
must be corrected or abated within a specified period of time, the length of which
shall be reasonably related to the circumstances of the particular violation.
13.04.215 Maintenance of water system.
The utility has responsibility for maintenance of the public water system unless otherwise
provided by agreement, local ordinance or state law. Owners of private water systems are solely
responsible for maintenance and operation of such private systems.
13.04.220 Existing system inspections.
The utility may enter private property at all reasonable times to conduct inspections,
tests or to carry out other duties imposed by the code, provided the utility shall first obtain
consent from the property owner or person responsible for the premises upon presentation of
proper credentials to that person. If entry is refused or cannot be obtained, the director shall
have recourse to every remedy provided by law to secure entry.
13.04.230 Interconnection with adjacent water systems.
The utility may provide water service to adjacent public or private water systems when
needed in case of failure of physical system components such as pump failure or a reservoir out
of service or similar temporary circumstance, where facilities exist for such interconnection. In
such case, the utility shall bill for and be paid for the water used pursuant to the established rate
structure. All requirements of this code regarding water quality shall be met. The utility shall not
serve as a backup supply source to neighboring water systems in case of well failure or other
supply disruption unless the neighboring system compensates the utility under separate
contractual agreement as a backup supply source, or unless the neighboring water system
becomes a permanent utility customer, and makes payment of all appropriate fees and charges.
13.04.240 Regulations of other agencies.
(a) General. The responsibility for determining the existence and application of local,
state and federal laws and regulations pertaining to water facilities and water use
remains solely with the affected property owner.
(b) Regulations of Snohomish County and Other Cities and Towns. Utility customers
outside the City of Arlington are subject to City of Arlington requirements related to water
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utilities unless more stringent requirements of the local jurisdiction in which such
customers are located are applicable.
13.04.250 Fees for permits-approvals–specific services.
(a) General.
(1) The director shall develop for city council review and adoption a schedule of
fees and charges for all permits and other specific services provided by the utility,
including:
(A) Water system extension agreements;
(B) Water service and meter installation, modifications or repairs;
(C) Fire hydrant use permits;
(D) Backflow prevention assembly inspections and tests;
(E) Disconnections of unauthorized connections;
(F) Turn-on and turn-off services;
(G) Inspections;
(H) Abandonment of existing non-reusable water services;
(I) Temporary lawn watering permits during water shortages;
(J) Miscellaneous maps, plans, drawings, copies and documents provided by
the utility.
(2) The fees referenced in this section are in addition to applicable rates for water
service and connection charges. See Chapter 13.12 for current utility rates and
charges.
(b) Fee Amount. The fee amount for each permit, approval or specific service shall
cover all the utility costs associated with that permit, approval or service, including all of
the following that apply:
(1) Labor, including any and all time spent on engineering, plan review, installation,
properly abandoning any existing facilities, site restoration, inspection, testing,
certification, as-builting of the project and legal review. Inspections and other work
requested beyond normal working hours are charged based on the utility’s overtime
pay practices.
(2) Fees for materials or equipment issued by the utility, such as water services and
meters.
(3) Refundable deposits for utility-owned equipment such as fire hydrant wrenches
and adapters.
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(4) Expenses including, but not limited to, supplies (not including office supplies),
materials, equipment and tool rental, applicable state and federal taxes and any
fees for permits the utility must obtain.
(5) Water use, in the case of fire hydrant use permits, or estimated water use in the
case of unauthorized connections.
(6) Overhead, at a rate to be established by the utility pursuant to written
procedures.
(c) Fee Schedule. The director may adjust the schedule of fees and charges without
further City Council action to the extent necessary to reflect an actual change in the
utility’s cost of providing the service.
13.04.260 Connection charges.
(a) General.
(1) The utility shall collect connection charges in order that each connecting
property shall bear its equitable share of the cost of the public water system and the
utility’s share of the cost of any regional water supply system providing water supply
to the utility.
(2) Connection charges shall be as put forth in AMC 13.12.
(3) Connection charges shall be paid:
(A) Before a property is allowed to connect to the public water system.
(B) At the time of redevelopment of the property, if connection charges apply
that have not yet been paid such as charges for new facilities that directly
benefit the property. Any change in use that increases the demand on the water
system will be assessed connection fees based on that change in use. See
Chapter 13.12 for current rates and charges.
(b) Administrative Procedures; Adjustment of Charges. The director is authorized to
adopt administrative procedures for the purpose of administering the provisions of this
section, and to adjust the charges established by subsection A of this section from time
to time to reflect the actual cost of the facilities for which the charges are made.
(c) Changes in use may require additional connection fees to cover increased
impacts to the water utility.
13.04.270 Water rates.
(a) General. The city council shall establish rates for water service and consumption
which are in addition to connection charges and fees for specific services. The city may
establish classifications of customers or service, using any method or methods
authorized by law. See Chapter 13.12 for current rates and charges.
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(b) Rate Basis. Water rates shall be based on revenue requirements necessary to
cover all costs of the utility, as authorized by the city council by the adoption of the
annual budget and subsequent amendments and shall be guided by adopted financial
policies and bond covenants.
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the review and
adoption of the annual budget. Rate adjustments shall be recommended as needed to
meet revenue requirements. The recommendation shall consider equity, adequacy,
costs and other factors allowed by law.
(d) Billing and Collection. The utility shall develop and implement procedures and
systems pertaining to the billing and collection of water service charges and fees in
accordance with state law.
(e) Rate Relief. The city council may establish water rate relief measures for specific
customer classes as authorized by state law.
(f) Rate Surcharge. Upon the city’s declaration of a water shortage emergency
pursuant to the city’s adopted water shortage contingency plan, the utility may impose a
rate surcharge of 10 percent, without further city council action.
13.04.280 Violations – Penalties.
(a) Civil Violation. Any violation of any of the provisions of this code constitutes a civil
violation as provided for in the AMC Chapter 11, for which a monetary penalty may be
assessed and abatement may be required as provided therein. The city shall seek
compliance through the civil violations code if compliance is not achieved through this
code.
(b) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this code.
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Title 13
Chapter 13.08
SEWER UTILITY CODE
Sections:
13.08.010 Title.
13.08.015 Sewer department established.
13.08.020 Purpose.
13.08.030 Territorial application.
13.08.040 Intent.
13.08.050 Definitions.
13.08.055 Applicability of the utility
13.08.060 Authority of the utility.
13.08.065 Duty to serve.
13.08.067 Service interruptions.
13.08.070 Comprehensive Sewer System Plan.
13.08.080 Emergency plan.
13.08.100 Connections or modifications to the sewer system.
13.08.115 System ownership.
13.08.120 Permits – Approvals.
13.08.125 Demolition or removal of structures. .
13.08.130 Engineering and design requirements.
13.08.140 Installation responsibility.
13.08.150 Latecomer agreements.
13.08.160 Sewer easement requirements.
13.08.170 Construction requirements.
13.08.175 Construction and warranty inspections and tests.
13.08.210 Maintenance of sewer system.
13.08.213 Industrial waste discharge monitoring, abatement and pretreatment.
13.08.215 Unauthorized and prohibited discharges.
13.08.220 Existing system inspections.
13.08.230 Regulations of other agencies.
13.08.250 Fees for permits/approvals/specific services.
13.08.260 Connection charges.
13.08.270 Sewer rates.
13.08.280 Violations – Penalties.
13.08.010 Title.
This chapter shall be known as the sewer utility code and shall be referred to herein as
the “code.”
13.08.015 Sewer department established.
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A department of the combined water and sewer department of the city, which shall be
known as the utility department, is established. The officers and other employees shall consist
of such personnel as deemed necessary for the efficient administration of the department.
13.08.020 Purpose.
The purpose of this code is to:
(a) Provide for the planning, security, design, construction, use, maintenance, repair
and inspection of public and private sanitary sewer systems and to protect the life, health
and property of the general public;
(b) Establish programs and regulations consistent with federal and state regulations;
(c) To provide for the appropriate use of such systems; and to provide for the
enforcement of the provisions of this code.
13.08.030 Territorial application.
This code shall be in effect throughout the utility service area, as defined in the adopted
Sewer Comprehensive Plan.
13.08.040 Intent.
It is the specific intent of this code to:
(a) Enact an exercise of the police power of the City of Arlington to protect and
preserve the public health, safety and welfare; its provisions shall be liberally construed
to accomplish this purpose.
(b) Provide for and to promote the health, safety and welfare of the general public and
not to create or otherwise establish or designate any particular class or group of persons
who will or should be especially protected or benefitted.
(c) Place the obligation of compliance upon the owner/operator. Nothing contained in
this code is intended to be or shall be construed to create or form the basis for liability on
the part of the City of Arlington, its utility, officers, employees or agents for any injury or
damage resulting from the failure of the owner or operator of any private system to
comply with the provisions of this code, or by reason or in consequence of any act or
omission in connection with the implementation or enforcement of this code by the City
of Arlington, its utility, officers, employees or agents.
13.08.050 Definitions.
The following words and phrases, when used in this code, shall have the following
meanings:
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(a) “AMC” means Arlington Municipal Code.
(b) “As-built” means a final drawing of the actual installation of the structures, materials
and equipment that meets the requirements specified in the most recent edition of the
“City of Arlington Engineering Design and Construction Standards and Specifications”.
(c) “Billing Unit” means, in the case of multiple occupancy commercial or industrial
facilities, each unit shall be defined as an occupancy or business capable of standing
alone. A unit that has restroom facilities, a separate entrance and that is able to operate
regardless of whether other businesses or units are open for business. For example, a
florist within a supermarket would not be a separate billing unit; a florist in a multiple
occupancy strip mall with its own entrance would be a separate unit for billing purposes.
(d) “Connection charges” means charges imposed as a condition of providing utility
service so that each connecting property bears its equitable share the costs of the public
sewer system and of the costs of facilities that benefit the property. Connection charges
include latecomer charges and installation charges.
(e) “Director” means the director of the Arlington Public Works department, or his/her
designated representative.
(f) “Emergency” means any natural or human-caused event or set of circumstances
which disrupts or threatens to disrupt or endanger the operation, structural integrity, or
safety of the public sewer system; endangers the health and safety of the public; or
otherwise requires immediate action by the utility.
(g) “Engineering standards” means the most recent edition of the City of Arlington
Design and Construction Standards and Specifications manual which includes minimum
requirements for the design and construction of water, storm and surface water drainage
and sanitary sewer facilities.
(h) “ERU” means equivalent residential unit. One ERU equals 250 gallons per day, the
estimated average consumption for one residential unit. The ERU is used for connection
fee calculations and is based on the number of residential units the project will represent
in terms of impact to the utility.
(i) “FOG” means fats, oils and grease.
(j) “Inactive Service” means any sanitary sewer service that has been inactive for 5
years or more. Reactivation of a sanitary sewer service that has been inactive for 5
years or more requires payment of all connection fees applicable at the date of
reactivation as if it were a new connection.
(k) “Industrial waste” means any liquid, solid or gaseous substance or combination
thereof, resulting from any process of industry, manufacturing, commercial food
processing, business, trade or research, including development, recovering or
processing of natural resources.
(l) “Licensed side sewer contractor” means any person, partnership, corporation or
association duly qualified and competent to do work incident to the construction or repair
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of side sewers under permits issued under this code and who shall have been duly
licensed by the utility.
(m) “Non-polar fats” means fats, oils or grease of animal or vegetable origin.
(n) “Polar fats” means fats, oils or grease of mineral origin.
(o) “Pretreatment device” means any approved device, structure, system or method
used and maintained for the purpose of bringing a waste stream within acceptable limits
and standards of quality prior to its discharge to the public sewer system.
(p) “Private sewer system” means any part of the sewer system that is not part of the
public sewer system as defined in the code.
(q) “Property owner” means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in the
subject property or has been authorized by the owner to act on his/her behalf.
(r) “Public sewer system” means the sanitary sewer system owned and operated by the
utility.
(s) “Residential structure” means a single-family, duplex structure or triplex. Four units
or more is multi- family residential.
(t) “Served” means all lots within the City are deemed to be served by City owned
sewer lines. (AMC 20.60.020)
(u) “Service Credit” means when an active service is temporarily discontinued for
purposes of replacement of existing customer used, either by the replacement of existing
structures or redevelopment, the new service may be given credit for the existing service
on the request for service application. The ERU’s on the existing use may be credited
against the connection fees determined by the Utility for the new use.
(v) “Sewage” means waste discharged from the sanitary facilities of buildings and
includes industrial wastes.
(w) “Sewer facility” means any facility for the conveyance or storage of sewage, whether
part of the public sewer system or a private sewer system that is connected to or
intended to be connected to the public sewer system.
(x) “Sewer main” means a pipe designed or used to transport sewage, excluding side
sewers.
(y) “Sewer pretreatment” means the treatment of industrial waste before discharge to
the public sewer system.
(z) “Sewer service” means providing for the disposal of sewage from a structure into the
public sewer system.
(aa) “Sewer system plan” means the sewer system comprehensive plan for the utility, as
adopted by xxx, as now or hereafter amended.
(bb) “Side sewer” means a conduit extending from the public sewer main to the
connection with a building’s plumbing system.
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(cc) ”Side Sewer Permit” means a permit issued by the utility for the construction,
extension, repair, replacement or connection of any side sewer.
(dd) “Side sewer stub” means that portion of the side sewer in the right-of-way or
easement dedicated to the utility.
(ee) “Structure” means any building that contains facilities for the disposal of sewage.
(ff) “Unsafe condition” means any condition on any premises, or in any private sewer
system thereon, that is a hazard to public health or safety, that does or may impair or
impede the operation or functioning of any portion of the public sewer system or that
may cause damage thereto.
(gg) “Utility” means the sewer utility component of the utilities Division of the city of
Arlington Public Works Department.
(hh) “Utility service area” coincides with the area within the Arlington city limits as now or
hereafter configured.
13.08.055 Applicability of the utility
Any of the following actions or applications for any of the following permits and/or
approvals will require submittal for approval by the utility, site plans, design drawings and
operation and maintenance plans. Submittals shall be consistent with the provisions of this code
and shall comply with the adopted Water System Plan and the Engineering Standards.
(a) Any modification to the existing sewer system.
(b) Any additions, expansions or extensions of the existing sewer system.
(c) New development.
(d) Redevelopment that requires alterations to the sewer system.
(e) Subdivision and short subdivisions.
(f) Commercial, industrial or multi-family site plan approval.
13.08.060 Authority of the utility.
The utility, by and through its director, shall have the authority to:
(a) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to, procedures
pertaining to the billing and collection of sewer service charges and all other fees and
charges imposed pursuant to this code and procedures for periodic adjustment of fees
and charges imposed pursuant to this code.
(b) Prepare and update as needed, Engineering Standards to establish minimum
requirements for the design and construction of sewer facilities and requirements for
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protecting existing facilities during construction. The Engineering Standards shall be
consistent with this code and adopted city policies.
(c) Administer and enforce this code and all procedures relating to the planning,
acquisition, design, construction, inspection, maintenance, management, operation and
alteration of the public sewer system, including capital improvements, and relating to the
design, construction and inspection of private sewer systems.
(d) Enter into contracts pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts that provide for the reimbursement of owners
constructing facilities (latecomer agreements) and agreements with private property
owners for the extension of the sewer system (utility extension agreements).
(e) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(f) Prepare and recommend the sewer system plan referenced in AMC 13.08.070 for
adoption by the city council and implementation by the utility.
(g) Perform or direct the performance of financial review and analysis of the utility’s
revenues, expenses, indebtedness, rates and accounting and recommend budgets,
rates and financial policy for adoption by the city council.
(h) Develop and implement programs related to sewer use, including an industrial
waste management program for protection of the public sewer system and a septic
system management program.
(i) Carry out other responsibilities as required by this code or other city codes,
ordinances or regulations consistent with the Arlington comprehensive plan.
(j) Shut off water to any utility customer who is violating any provision of this code to
the extent permitted by law.
13.08.065 Duty to serve.
The utility is responsible for providing sewer service to all customers within the utility
service area, subject to the requirements of this code, other provisions of this code and
applicable state law. The sewer service area shall be the corporate City Limits of the City of
Arlington. This responsibility is separate from contractual obligations to provide sewer service
outside the utility service area.
13.08.067 Service interruptions.
The utility does not guarantee that sewer service will be continuously available within the
utility service area. Sewer service may be temporarily unavailable due to a system failure,
emergency, construction or maintenance or other unforeseen circumstances.
13.08.070 Comprehensive Sewer System Plan.
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A sewer system plan, also referred to as the city’s sewer comprehensive plan shall be
developed by the utility for review and adoption by the city council. The utility shall recommend
supplements or updated plans for adoption by the city council as needed.
13.08.080 Emergency plan.
The utility will prepare and update an emergency plan, as required by state law, as part
of the city’s emergency operation plan, for review and adoption by the city council.
13.08.100 Connections or modifications to the sewer system.
(a) Connection to the Sewer System Required.
(1) All structures which contain facilities for the disposal of sewage shall connect to
the public sewer system unless a variance is granted pursuant to subsection (b) of
this section. When sanitary sewer service is not available and is required, the utility
shall require the property owner to install a sewer main extension.
(2) Connections or modifications to the sewer system, including, but not limited to,
the installation or repair of sewer mains or side sewers, and abandonment or
removal of any structure connected to the public sewer system shall occur only if:
(A) Approval has been received from the utility; and
(B) All applicable requirements of this code and utility procedures have been
met; and
(C) All applicable engineering standards have been met or alternative
standards have been approved by the utility as substantially equal; and
(D) The property owner has paid all applicable fees and charges; and
(E) Any existing on-site sewage disposal facilities are disconnected in
accordance with health department requirements; and
(F) The property is within the utility service area.
(G) Existing properties must connect to the public sanitary sewer system within
180 days of the sewer becoming available.
(b) Variance from the Sewer Connection Requirement. See AMC 20.60.120
(1) Any property owner may apply for a variance from the sewer connection
requirement to allow for an on-site septic disposal system.
(2) The director shall consider a variance only if all of the following decision criteria
are met:
(A) The property is more than 500 feet, via dedicated easements and/or right-
of-way from the existing public sewer system; and
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(B) The proposed septic system will not have an adverse environmental effect
on potable water wells, ground water, streams or other surface bodies of water
and is not located in the Arlington Municipal Aquifer Recharge Area; and
(C) The proposed septic system is in compliance with all applicable federal,
state and local health and environmental regulations: and
(D) The proposed use is on a single lot of 5 acres or more.
(E) The City and Snohomish County approves the system.
(3) Any variance issued by the director shall be subject to the following conditions:
(A) The applicant must obtain Snohomish Health District approval of the septic
tank system and must obtain any other permits which may be required by law
for such system; and
(B) The applicant shall record an agreement, in a form approved by the city
and referred to herein as “Agreement to Connect,” with Snohomish County.
Such agreement shall require payment of all connection charges at the time of
actual connection to the system. The agreement shall be a covenant which runs
with the land and is binding on the owners and successors in interest of the
property. The agreement shall specify that the structure be connected to the
public sewer system as the system is available and that the property owner will
not protest the formation of any future LID or ULID for extension of a sewer
system that would serve the property. The sewer system shall be deemed
available for purposes of this requirement whenever the structure is able to be
connected to the system by an extension of 500 feet or less.
(4) The applicant may appeal a decision of the director denying a variance
application pursuant to ___
13.08.115 System ownership.
(a) Utility Ownership of Sewer Facilities.
(1) The utility owns all sewer facilities in public right-of-way and in easements
dedicated to and accepted by the utility, except to the extent that private ownership
is otherwise indicated as a matter of record. Such facilities typically include:
(A) mains
(B) pump stations
(C) side sewer stubs.
(2) The utility may acquire existing private sewer facilities, provided:
(A) Ownership of the facility by the utility would provide a public benefit; and
(B) Necessary and appropriate property rights are offered by the property
owner at no cost to the utility; and
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(C) The facility meets current engineering standards, as determined by the
utility, or is brought up to current engineering standards by the owner; and
(D) The utility has adequate resources to maintain the facility; and
(E) The facility is transferred to the utility by bill of sale at no cost to the utility.
(3) It is unlawful for any person, except Sewer Department personnel to tamper
with in any portion of the city owned sewer system.
13.08.120 Permits – Approvals.
(a) General. The utility shall administratively determine submittal requirements for all
utility permits and approvals.
(b) Side Sewer Permit.
(1) A side sewer permit is required to construct a side sewer and/or to make any
additions, repairs or connections to an existing side sewer.
(2) A side sewer permit application must be made by the property owner or his/her
licensed sewer contractor.
(3) Side sewer permits for commercial projects, including multifamily structures,
may be issued as part of the sewer system extension agreement, if one is required,
pursuant to subsection (C)(1) of this section. The side sewer can be installed as part
of the sewer system extension agreement and shall be put in use only after
acceptance by the utility of the system extension.
(4) Side sewer permits for lots in subdivisions and short plats will be issued only
after sewer main extensions have been accepted by the city.
(5) Side sewer permits shall expire 12 months from date of issuance or otherwise
specified in the Engineering Standards.
(6) If site conditions, or existing conditions, do not allow for the installation of a side
sewer per Engineering Standards, a variance may be granted, in writing, and
documented on the side sewer permit.
(c) Sewer System Extension Agreement.
(1) The property owner and the utility shall enter into a sewer system extension
agreement whenever an extension to an existing sewer main is required pursuant to
AMC 13.08.100.
(2) The utility shall approve constructed facilities as complete once the facilities
have been built according to the approved plans and specifications, as confirmed by
utility inspectors; as-built drawings have been completed as specified in the
engineering standards and all applicable fees and charges have been paid. Bills of
sale, dedications and easements must be recorded prior to final approval and
acceptance.
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(3) The property owner shall be required to provide surety devices, in a form
approved by the city, for sewer system extensions in city right-of-way, for
connections to the sewer main during construction and for a warranty period in
accordance the City of Arlington Engineering Standards.
(4) When a sewer system extension agreement is required to serve a proposed
commercial or multifamily building, the utility shall not sign off on the building permit
until the system extension agreement has been approved and accepted by the
utility. When a sewer system extension agreement is required to relocate a sewer
main from under a proposed building, the utility shall not sign off on the building
permit until the system extension has been completed and accepted by the utility,
unless the building permit is conditioned to require relocation prior to site
construction.
(d) Agreement to Connect. When a variance to allow a septic system is granted, an
“Agreement to Connect” must be recorded pursuant to AMC 13.08.100.
(e) Contractors shall be licensed in accordance with Washington State requirements
and shall be registered with the City of Arlington tax office.
(h) Other Permits. It is the property owner’s responsibility to identify and obtain all
permits/approvals required for any proposed work, such as, but not limited to, any
approvals required by the Washington State Department of Fish and Wildlife, the
Washington State Department of Ecology and the Army Corp of Engineers.
13.08.125 Demolition or removal of structures.
(a) Utility services to existing structures must be protected during the demolition or
removal of such structures. See 13.04.050 for inactive services and service credit for
redevelopment.
(b) As a condition of Sewer Service, existing septic systems must be decommissioned
per the City of Arlington Engineering Standards.
13.08.130 Engineering and design requirements.
(a) General.
(1) The property owner is responsible for sewer system design.
(2) The sewer system designer must be a civil engineer licensed in the state of
Washington and qualified by both experience and educational background in the
design of sewer facilities.
(3) Engineering and design shall conform to the City of Arlington Engineering
Standards.
(b) Sewer Facility Requirements.
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(1) Whenever property is developed or redeveloped in any way such that sewage
discharge is changed in content or volume, new sewer facilities are required
whenever necessary to:
(A) Meet hydraulic capacity requirements. See the Engineering Standards; or
(B) Replace existing facilities that need to be relocated; or
(C) To meet industrial waste pretreatment requirements pursuant to AMC
13.40; or
(D) Replace existing systems that do not meet the current Engineering
Standards.
(2) Whenever property is developed or redeveloped, sewer mains shall be
extended through and to the extremes of the property being developed, as required
by the utility, when needed for the orderly extension of the public sewer system.
(c) Side Sewer Design.
(1) Side sewers shall be designed as required in the Engineering Standards.
(2) Where physical conditions render compliance with utility side sewer
requirements impracticable, the utility may require compliance insofar as is
reasonably possible; provided, that the property owner execute and deliver to the
utility an instrument, in a form furnished by the utility, agreeing to hold harmless and
indemnify the utility and the City of Arlington for any damage or injury resulting from
such installation. The utility may require that such instrument be recorded against
the property with the Snohomish County office of records and elections.
(3) Each single family residence (SFR) shall be connected to a single side sewer
connection.
(4) Multi-family housing units comprising four dwelling units or less shall have, at a
minimum, a single side sewer connection for each dwelling unit.
(5) Multi-family housing units comprising five dwelling units or more may have a
single side sewer service connection appropriately designed by a professional
engineer, per City of Arlington Engineering Standards, that meets flow requirements
and pipeline capacity.
(6) Condominiums must have individual sewer services to each unit.
(7) No side sewer or sewer main shall be located under or within 5’ of any building
or permanent structure.
(8) Whenever a side sewer cross private property, the applicant must obtain an
easement from the property owner.
(d) Pump Stations and Lifts.
(1) Pump stations shall be permitted only for service to those properties which the
director determines cannot reasonably be served by conventional gravity sewers.
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(2) In any structure in which the plumbing is too low to permit gravity flow to the
designated connection point, the sewage shall be lifted by artificial means. When
only the lower floor of a structure is too low for gravity flow, the sewage from the
upper floors must flow by gravity.
13.08.140 Installation responsibility.
(a) Property Owner Installation. The property owner shall be responsible for the
installation of all sewer facilities required by this code. Installation shall be through a
sewer system extension agreement or side sewer permit. See AMC 13.08.120.
(b) Costs. The property owner shall be responsible for all installation costs regardless of
whether the work is done by the utility or by the owner, provided that:
(1) If the utility requires a property owner to oversize a sewer facility for reasons
other than to adequately serve the owner’s property, the utility will compensate the
property owner for the difference in cost between the normally sized sewer facility
and the oversized sewer facility, based on the lowest of three bids from reputable
licensed contractors furnished by the property owner. Over-sizing shall be any size
increase in pipes, pumping facilities and related appurtenances beyond the
established minimum sizes. Sewer main minimum size is 8”, force main minimum
size is 6” and pump station minimum size shall be 250 GPM. Upsizing
compensation will only occur above these minimum sizes.
(2) A property owner who constructs a sewer system extension that directly
benefits property in addition to the owner’s may request a latecomer agreement in
order to be reimbursed by benefiting properties that connect to the extension during
the agreement’s duration. See AMC 13.08.150 regarding latecomer agreements.
(3) The city may choose to install sewer facilities to facilitate development,
coordinate with other city projects or for other utility purposes and may recover its
costs, including interest, through a connection charge.
13.08.150 Latecomer agreements.
See Arlington Municipal Code 13.24.
13.08.160 Sewer easement requirements.
(a) An easement is required whenever:
(1) A public sewer facility will be built on private property; or
(2) A private sewer facility will be built on property owned by a different private
party. Evidence of the easement between the applicant and property owner shall be
provided to the City.
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(b) Requirements. All of the following requirements shall be met before the city will
accept and approve any easement:
(1) Clear title in the grantor shall be demonstrated; and
(2) The easement shall be consistent with utility clearance standards and setback
standards and with other utilities or easements. The utility may require the
easement to exclude other utilities and uses if necessary to protect the public sewer
system; and
(3) The easement shall provide access to the facility for repair and maintenance.
When deemed necessary by the utility, the easement shall contain provisions for
long-term maintenance. Easements for side sewers serving more than one property
must specify responsibility for costs of maintenance, repair and access; and
(4) The easement shall prohibit all structures except those which can readily be
removed by the structure’s owner at the owner’s expense when access to the sewer
facility is required by the utility. If such structures are in the easement, an agreement
with the utility to remove the structure on request shall be recorded; and
(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the Utility from performing necessary
maintenance, repair, or replacement work on the utility located within the easement.
The Utility may request the land owners upon where the easement resides to
remove select vegetation and landscape. If the land owners upon where the
easement resides fail to comply with the request to remove vegetation and
landscape, the Utility may remove the landscaping with City employees or a
licensed contractor at the owner’s expense.
(6) The easement dimensions and other requirements shall be in accordance with
the Engineering Standards. The easement must be recorded prior to final approval
of the project.
(c) Costs. The property owner shall pay all costs of providing or obtaining and recording
the easement.
(d) Relinquishment of Easement. An easement granted to the utility may be
relinquished only if the utility determines it is no longer needed and the city council
authorizes the relinquishment.
13.08.170 Construction requirements.
(a) General. When constructing or modifying sewer facilities, compliance is required
with this code, the City of Arlington Engineering Design and Construction Standards and
Specifications, the approved permit, plans and specifications, the terms of any sewer
system extension agreement, the recommendations of the manufacturer of the materials
or equipment used and any applicable local, state or federal requirements.
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(b) Safety Requirements. Utility staff will perform inspections only if shoring and other
site conditions conforms to WISHA safety standards and other safety requirements, as
applicable.
(c) Failure to Complete Work or Meet Requirements.
(1) The utility may complete sewer facility construction begun by a property owner
or contractor, or take steps to restore the site (such as backfilling trenches and
restoring the public right of way) if the work does not meet the requirements of this
code, the Engineering Standards and other applicable utility requirements, the
contractor or person doing the work fails to rectify the problem following notification
by the utility; and the work, in the opinion of the utility, constitutes a hazard to public
safety, health or the public sewer system.
(2) Utility costs incurred pursuant to the preceding AMC 13.08.170 (C)(1) shall be
accrued and charged to the owner or contractor in charge of such work. The
permittee shall pay the utility immediately after written notification is delivered to the
responsible parties or posted at the location of the work. Such costs shall constitute
a civil debt owing to the utility jointly and severally by such persons who have been
given notice as herein provided. The debt shall be collectable in the same manner
as any other civil debt owing the utility.
(3) If, in the opinion of the director, the work being performed is not in accordance
with these codes or engineering standards and the permittee is unwilling to change
or correct the deficiencies, the director may issue a stop work order until the
deficiencies are corrected.
(d) Additional Side Sewer Construction Requirements.
(1) Side sewers may be constructed only by the following:
(A) Contractor bonded and licensed in the State of Washington.
(B) Property owners working on their own property.
(2) The side sewer permit shall be readily available at the job site at all times. No
inspections will be completed if the permit is not available.
(3) Connection shall be made to the tee or side sewer stub designated at the time
the side sewer permit is issued unless written permission to do otherwise is
obtained from the utility. If the designated stub cannot be found, the utility will
designate the location that a tee or stub is to be located. The property owner shall
install the tee or stub per City of Arlington Engineering Standards at the property
owner’s expense. The utility shall not be responsible for costs incurred by the
owner/contractor when looking for the stub.
(e) As-Built. An as-built plan of the properties sewer system shall be completed
according to the requirements in the Engineering Standards prior to the City’s
acceptance of the improvements, final approval by the utility inspectors or issuance of a
certificate of occupancy.
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13.08.175 Construction and warranty inspections and tests.
(a) Construction/Installation Inspection.
(1) All projects involving construction of new sewer facilities or connections or
modifications to an existing sewer system, are subject to utility inspection to ensure
compliance with the code and permit/approval conditions. As a condition of permit
issuance, the applicant shall consent to inspection and testing.
(2) Newly installed sewer facilities shall be inspected, tested and documentation
completed according to the engineering standards and procedures.
(b) Warranty Inspections and Tests. Facilities and equipment accepted by the utility
under specific warranties may be re-inspected at the utility’s discretion and, if necessary,
retested prior to the expiration of the warranty period.
13.08.210 Maintenance of sewer system.
(a) Responsibility. The utility has responsibility for maintenance of the public sewer
system unless otherwise provided by agreement, local ordinance or state law. Owners of
private sewer systems are solely responsible for maintenance and operation of such
private systems.
(b) Side Sewer Cleaning. All side sewer cleaning contractors and/or plumbers, side
sewer contractors and owners, prior to cleaning existing side sewers (as distinguished
from plumbing and septic tank facilities), shall notify the utility of such operations and
comply with utility requirements. Debris cleaned from a side sewer shall be removed and
shall not be caused to enter the sewer main. If debris causes a downstream blockage,
the owner or his agent shall be liable for any resulting damages.
13.08.213 Industrial waste discharge monitoring, abatement and pretreatment.
(a) General. The industrial waste program is intended to prevent, control and correct
the discharge of substances, such as hazardous, dangerous, caustic or explosive
materials, polar and non-polar fats, oils and greases that could cause hazardous,
dangerous or explosive conditions within the public sewer system or could cause
blockages, operational failures or premature degradation of the public sewer system.
(b) Applicability of Other Regulations. All discharges to the public sewer system shall
comply with all applicable rules and regulations of any federal, state or local agency
having governmental or contractual jurisdiction within the utility service area.
(c) Pretreatment of Discharges. The utility shall require the pretreatment of discharges
to the public sewer system, except single-family residences, if necessary to prevent
and/or correct hazardous, dangerous, or explosive conditions or blockage, operational
failure or premature degradation of the public sewer system. Notwithstanding the above,
all restaurants and food-processing businesses shall install pretreatment methods, such
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as exterior grease interceptors, oil-water separators, biological or chemical treatment
and other best available technology, to reduce or eliminate FOG discharges. All
pretreatment systems are subject to review and approval by the utility in accordance with
Arlington Municipal Code 13.40 – Pretreatment.
(d) Sampling and Inspection Manholes. Sampling (monitoring) manholes in the side
sewer connection(s) to the public sewer system may be required in all connections,
except single-family residential connections. Monitoring manholes enable the utility to
monitor and test the discharge for compliance with utility requirements or to allow
monitoring and testing in accordance with the rules and regulations of other federal,
state or local agency having governmental or contractual jurisdiction within the utility
service area.
13.08.215 Unauthorized and prohibited discharges.
See Arlington Municipal Code 13.40 – Pretreatment.
13.08.220 Existing system inspections.
The utility may enter private property at all reasonable times to conduct inspections,
tests or to carry out other duties imposed by the code, provided that the utility shall first obtain
consent from the property owner or person responsible for the premises upon presentation of
proper credentials to that person. If entry is refused or cannot be obtained, the director shall
have recourse to every remedy provided by law to secure entry.
13.08.230 Regulations of other agencies.
(a) General. The responsibility for determining the existence and application of local,
state and federal laws and regulations pertaining to sewer facilities and sewer use
remains solely with the affected property owner.
(b) Regulations of Snohomish County and Other Cities and Towns. Utility customers
outside the City of Arlington are subject to City of Arlington requirements related to
sewer facilities unless more stringent requirements of the local jurisdiction in which such
customers are located are applicable.
(c) Snohomish Health District. Utility customers shall comply with all applicable
requirements of the Snohomish Health District.
13.08.250 Fees for permits-approvals-specific services.
(a) General.
40 AMC Title 13 – w/ strikeouts
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(1) The director shall develop for city council review and adoption a schedule of
fees and charges for all permits and other specific services provided by the utility,
including:
(A) Sewer system extension agreements;
(B) Disconnection charge for unauthorized connections;
(C) Side sewer contractor’s license;
(D) Side sewer permits;
(E) Side sewers and taps;
(F) Miscellaneous maps, plans, drawings, copies and documents provided by
the utility.
(2) The fees referenced in this section are in addition to applicable rates for sewer
service and connection charges. See chapter 13.12 for current utility rates and
charges.
(b) Fee Amount. The fee amount for each permit, approval or specific service shall
cover the actual utility costs associated with that permit, approval or service, including all
of the following that apply:
(1) Labor, including any and all time spent on engineering, plan review, installation,
properly abandoning any existing facilities, site restoration, inspection, testing,
certification, as-builting of the project and legal review. Inspections and other work
requested beyond normal working hours are charged based on the utility’s overtime
pay practices.
(2) Expenses including, but not limited to, construction supplies, materials,
equipment and tool rental, applicable state and federal taxes and any fees for
permits the utility must obtain.
(3) Overhead, at a rate to be established by the utility pursuant to written
procedures.
(c) Fee Schedule. The director may adjust the schedule of fees and charges without
further city council action to the extent necessary to reflect actual changes in the utility’s
cost of providing the service.
13.08.260 Connection charges.
(a) General.
(1) The utility shall collect connection charges, ensuring that each connecting
property shall bear its equitable share of the cost of the public sewer system.
(2) Connections charges shall be as put forth in AMC 13.12
(3) Connection charges shall be paid prior to a property connecting to the public
sewer system. Connection charges not previously paid, such as charges for new
41 AMC Title 13 – w/ strikeouts
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facilities that directly benefit the property, shall be paid when the property
undergoes, either at one time or cumulatively through more than one project, a
substantial remodeling as defined in AMC 20.50.040 or more substantial
improvement or if an improvement or cumulative improvements significantly impact
downstream system capacity. Connection charges may be paid prior to or when the
building permit is issued.
(4) Changes in use may require additional connection fees to cover the impacts to
the sewer utility.
(b) Direct Facilities Charges.
(1) The utility shall assess and collect direct facilities charges from property owners
that directly benefit from utility-built or privately built sewer facilities, except property
owners who previously paid their fair share through an LID or ULID. Facilities that
may be covered in a direct facilities charge include, but are not limited to, stubs built
from the sewer main to the property line, pump stations and mains.
(2) The direct facilities charge is the property owner’s equitable share of the
established costs of the facilities he/she benefits from. The equitable share shall
include interest charges applied from the date of construction acceptance of the
facility until the property connects, or for a period not to exceed 10 years, whichever
is less, at a rate commensurate with the rate of interest applicable at the time of
construction of the facility to which the property owner is seeking to connect but not
to exceed 10 percent per year; provided, that the aggregate amount of interest shall
not exceed the equitable share of the cost of the facility allocated to such property
owner.
(3) The facilities’ costs shall be allocated to benefitting property owners based on
the number of ERU’s (single-family equivalents). The director may, however, make
such allocation based on front footage or other reasonably based methodology if the
director determines that such alternate basis or methodology better assures
equitable sharing of cost by all properties benefitting from the facilities.
(c) Administrative Procedures; Adjustment of Charges. The director is authorized to
adopt administrative procedures for the purpose of administering the provisions of this
section, and to adjust the charges established by subsections (a) and (b) of this section
as needed to reflect the actual cost of the facilities for which the charges are made.
(d) Connection Charge Tables (Attach current tables).
13.08.270 Sewer rates.
(a) General. The city council shall establish rates for sewer use and service which are
in addition to connection charges and fees for specific services. The city may establish
classifications of customers or service, using any method or methods authorized by law.
(b) Rate Basis. Sewer rates shall be based on revenue requirements necessary to
cover all costs of the utility, as authorized by the city council by the adoption of the
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annual budget and subsequent amendments and shall be guided by adopted financial
policies and bond covenants.
(c) Rate Adjustments. Rates shall be evaluated periodically as part of the review and
adoption of the annual budget. Rate adjustments shall be recommended as needed to
meet revenue requirements. Any recommended rate adjustment shall consider equity,
adequacy, cost and other factors allowed by law.
(d) Billing and Collection. The utility shall develop and implement procedures and
systems pertaining to the billing and collection of sewer service charges and fees in
accordance with state law.
(e) Rate Relief. The city council may establish sewer rate relief measures for specific
customer classes as authorized by state law.
13.08.280 Violations – Penalties.
(a) Civil Violation. Any violation of any of the provisions of this code constitutes a civil
violation as provided for in the AMC Chapter 11, for which a monetary penalty may be
assessed and abatement may be required as provided therein. The city shall seek
compliance through the civil violations code if compliance is not achieved through this
code.
(b) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this code.
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Chapter 13.12 SEWER AND WATER RATES*
Sections:
13.12.010 Classifications, rates, charges and rules for water service.
13.12.020 Classifications defined.
13.12.030 Basic rate defined.
13.12.040 Water rates and charges.
13.12.045 New customer capital surcharge.
13.12.050 Remission of rates Water rate credits.
13.12.060 Average estimated charges.
13.12.070 Bimonthly billing option.
13.12.100 Classifications, rates, charges and rules for sewer service.
13.12.110 Residential classifications.
13.12.115 Residential and other sewer rates and charges.
13.12.120 Commercial classification and sewer rates and charges.
13.12.121 Industrial user classification and charges.
13.12.125 New customer capital surcharge.
13.12.140 Low income senior citizens' rates.
13.12.150 Payments and deposits.
13.12.160 Partial collection of rates.
13.12.170 Billing of charges.
13.12.180 Utility and lien search and special water meter reading request.
13.12.190 Due date for charges.
13.12.200 Water and storm and sanitary sewer main extensions.
13.12.210 Connection and tap-in charges--Surcharge for customers outside the city limits.
13.12.220 Water connection and meter charges.
13.12.230 Sewer connection charges.
13.12.240 Sewer connection charges--Industrial.
13.12.250 Appeals.
13.12.260 Petunia sewer district, Arlington customer rates.
13.12.900 Classifications, rates, charges and rules for stormwater service.
13.12.910 Classification of property.
13.12.920 Real property in an undeveloped condition.
13.12.930 Property exempt from service charges.
13.12.940 Initial service charge rates.
13.12.950 Credit potential for private, on-site control facilities on non single-family properties
and school facilities.
* For statutory provisions authorizing cities to make charges for connecting to water or
sewerage systems, see RCW 35.92.025. As to the authority of cities to fix adjust rates and
charges for the furnishing of service to those served by its system of sewerage, see RCW
35.67.020 and 35.67.190.
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13.12.010 Classifications, rates, charges and rules for water service.
The classifications, rates and charges for water service and the rules governing such
service are fixed as follows in Sections 13.12.020 through 13.12.070.
13.12.020 Classifications defined.
(a) Residential Unit. A residential dwelling unit, whether a separate structure or a part of a
duplex, triplex or apartment, including trailer or mobile home park units. Each residential unit
shall be charged a minimum of one basic charge, as defined in Section 13.12.040, based on
meter size, plus a rate based on consumption. In the case of multiple-family residential units,
the basic charge shall be the sum of the basic charge for the first unit based on actual meter
size, plus one basic charge for each additional residential unit, for the minimum meter size ( 5/8
by 3/4 inch).
(b) Commercial Units or Industrial Units. A commercial unit or industrial unit consists of any
public or private premises not defined as a residential unit, and as hereinafter defined:
(1) Premises occupied by only one business or activity or tenant shall be deemed a separate
commercial unit. Each such commercial unit or industrial unit shall be charged one basic charge,
as hereinafter defined, for the meter size, plus a rate based on consumption.
(2) In case of multiple-occupancy commercial or industrial facilities, the basic charge for the
first unit based on actual meter size, plus one basic charge for each additional commercial or
industrial unit, as defined in AMC 13.04.050(d), for the minimum meter size ( 5/8 by 3/4 inch).
13.12.030 Basic rate defined.
(a) The basic rate shall be the minimum monthly charge schedule based on meter size and the
monthly rate schedule based on consumption (or the sprinkling rate schedule based on
consumption, if applicable), set forth in Section 13.12.040.
(b) In cases where there is more than one basic rate charged on water served by one meter,
the charges and allocations thereof shall be as follows:
(1) One minimum monthly charge, and fraction thereof, shall be charged for each basic rate,
and fraction thereof, allowable;
(2) With respect to consumption, the amount of water allowed under the minimum rate and
the amount of water allowed under the scheduled rates in excess thereof shall be multiplied by
the number, including fractions, of basic rates charged on said meter;
(3) With respect to meters on which more than one basic rate is charged and where the
services are greater than three-fourths inch, the basic rate shall be computed with respect to
higher minimum applicable to the larger service pipe unless otherwise specified in the
classifications defined under Section 13.12.020.
13.12.040 Water rates and charges.
State and city utility taxes shall be added toare included in the following rates and
charges for water service. The water charges shall include a base charge by meter size, and a
consumption rate, as set forth below.
The effective dates for the following five-year plan in subsections (1) and (2) of this
section will be based on the city's billing cycles for consumption beginning May 15, 2005, and
January 15th of each year thereafter. Beginning on January 15, 20102011, the rates set forth for
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the year 2009 2010 shall be increased annually by the October reported percentage increase of
the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban
Consumers, or other measure commonly used by the city should it change; provided, however,
that notwithstanding any reduction in the CPI, rates shall not decrease.
(1a) Minimum monthly charge schedule based upon meter size:
TABLE INSET:
Base Rate By Meter Size 2005 2006 2007 2008 2009 2010
5/8"-- 3/4" $21.15 $22.90 $24.80 $26.85 $29.10 $ 32.02
1" 29.60 32.05 34.70 37.55 40.70 $ 44.78
1.5" 38.00 41.15 44.55 48.25 52.30 $ 57.55
2" 61.25 66.30 71.80 77.75 84.25 $ 92.70
3" 232.55 251.80 272.70 295.25 320.00 $ 352.09
4" 296.10 320.60 347.20 375.90 407.40 $ 448.26
6" 444.05 480.80 520.70 563.75 611.00 $ 672.28
8" 613.35 664.10 719.20 778.65 843.90 $ 928.52
(2b) Monthly rate schedule charged per one hundred cubic feet based upon consumption:
TABLE INSET:
Plus Consumption Rate per 100 cubic
feet 2005 2006 2007 2008 2009 2010
First 300 cubic feet (cf) Included in base rate
Next 700 cubic feet $1.93
$2.09
$2.26
$2.45
$2.66 $
2.93
Over 1,000 cubic feet 2.04 2.21 2.39 2.59 2.81 $ 3.09
Over 3,000 cubic feet 2.04 2.21 2.39 2.59 2.81 $ 3.09
(3c) Fair and equitable minimum rates for water consumers having meters larger than four
inches shall be fixed by the city council and written agreements shall be entered with the
charges. The city council may enter into contracts with water users deviating from such rates
where special circumstances dictate; provided that, such rates shall not be discriminatory.
(4d) Charges for water from the city's mains for construction purposes, circuses, carnivals or
for any other purpose temporary in nature that will not require a permanent service
installation, shall be determined by the utilities managerPublic Works Director and/or the city
council, by special arrangement. Charges for temporary use of water may be based upon
comparable use or service as established hereinabove plus a fixed charge for the cost of
installing and removing such service.
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13.12.045 New customer capital surcharge.
In addition to the water connection charges authorized in Section 13.12.220, new connections
to the water system will pay a monthly rate surcharge for the period of ten years after
connection and first billing. This surcharge represents the additional amount of a fair share of
the cost of water facilities not collected in the tap-in charges. All new connections with
occupancy after June 15, 1995, and before February 15, 1999, will be charged two dollars and
forty-eight cents per equivalent residential unit (ERU) per month for the ten year period.
(Ord. 1183 §3, 1999: Ord. 1092 §5, 1995).
13.12.050 Remission of ratesWater rate credits.
Remission of rates shall only be made upon recommendation and approval of the city
council for causes beyond the reasonable control of the user.In the event of elevated charges to
a customer resulting from a water leak or other non-intentional and non-negligent act, the
customer may petition the city for a credit to be applied to the account. If approved by the
Public Works Director, the credit may equal up to 50% of the total consumption on the highest
monthly bill during the period in which the leak occurred. The credit shall be applied no more
than one time per consecutive month per customer account.
13.12.060 Average estimated charges.
When a meter has ceased to register since the preceding reading, due to mechanical
breakdown or when it is impossible to read a meter that is buried in debris, or for any other
reason is unreadable, or when it is necessary during any month to remove such meter either
temporarily or permanently for unforseen reasons, or if any other condition exists which would
not permit a full monthly measurement of the water used in any premises during the month,
the water department is authorized to average the bills of such user for previous available
months and to charge such average bill monthly during the continued presence of any of the
conditions listed above.
13.12.070 Bimonthly billing option.
In the event the city council determines it advisable to read any or all water meters
bimonthly, the water department is authorized to estimate bills for such water service on the
basis of previous consumption, for the month for which the meter has not been read, and to
correct the charge to actual consumption on the following bill.
13.12.100 Classifications, rates, charges and rules for sewer service.
The rates and charges for sanitary sewerage disposal service for each user or class of
user are fixed as follows in Sections 13.12.110 through 13.12.140.
13.12.105 Definitions of Terms used
(a) Biological Oxygen Demand means the quantity of oxygen utilitzed in the biochemical
oxidation of organic matter under standard laboratory procedure in five days at twenty degrees
Centigrade, expressed in parts per million by weight.
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(b) Commercial Service Classification – utility service to a business that is not classified as
Residential Service under Section 13.12.110 or classified as an industrial user under Section
13.12.12
(c)Connection Fees – a fee paid to the appropriate utility as a condition of being allowed to
connect to the utility system;
(d) Inside City Limits – the area within the Arlington city limits as now or hereafter configured;
(e) Outside City Limits – the area outside the Arlington city limits as now or hereafter
configured;
(f) Residential Service Classification – a service to a single-family residence, duplex, triplex,
apartments, trailer and mobile home parks and other residential properties.
(g) Total Suspended Solid (TSS) – means the amount of solids in sewage that can be trapped by
a filter
13.12.110 Residential classifications.
The residential classification shall include single-family residences, duplexes, triplexes,
apartments, trailer and mobile home parks and other residential properties. Each residential
unit shall be charged one base rate.
13.12.115 Residential and other sewer rates and charges.
State and city utility taxes shall be added toare included in the following rates and
charges for sewer service. The effective dates for the following fivefour-year plan will be based
on the city's billing cycle for use beginning on May June 115, 20052010, and January 15th of
each year thereafter:
TABLE INSET:
Sewer Charges
(Monthly)
2005 2010
2006 2011
2007
2012
2008 2013
Base rate per
residential unit
$35.40$
57.45
$38.35$
62.80
$41.55 $
68.15
$45.00$
73.50
Beginning on January 15, 20102014, the rates set forth for the year 2009 2013 shall be
increased annually by the October reported percentage increase of the Consumer Price Index
(CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure
commonly used by the city should it change; provided, however, that notwithstanding any
reduction in the CPI, rates shall not decrease.
(Ord. 1364 §2, 2005: Ord. 1245 §1(part), 2000: Ord. 1217 §2, 1999: Ord. 1092 §8, 1995).
13.12.120 Commercial classification and sewer rates and charges.
(a) All sanitary sewerage users consisting of any public or private premises not classified under
Section 13.12.110 or classified as an industrial user under Section 13.12.121, shall be classified
as commercial and charged upon the basis of water consumption. State and city utility taxes
shall be added toare included in the following rates and charges for sewer service. The effective
dates for the following fivefour-year plan will be based on the city's billing cycle for use
beginning on May June 115, 2005 2010 and January 15th of each year thereafter. Each user
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shall pay a minimum monthly charge of one base rate plus a volume rate for all consumption
over three hundred cubic feet per month.
TABLE INSET:
Sewer Charges (Monthly) 2005
2010
2006
2011
2007
2012
2008
2013
Base rate (includes 300 cubic
feet per month)
$35.40
$ 57.45
$38.35
$ 62.80
$41.55
$ 68.15
$45.00
$73.50
Volume rate (per 100 cubic
feet per month)
3.66
$ 5.95
3.96
$ 6.50
4.29
$ 7.05
4.65
$ 7.60
Beginning on January 15, 20102014, and on January 15th each year thereafter the rates
set forth for the year 2009 2013 shall be increased annually by the October reported
percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area
for All Urban Consumers, or other measure commonly used by the city should it change,
provided, however, that notwithstanding any reduction in the CPI, rates shall not decrease.
(b) The city clerkFinance Director may elect to bill the user for his the user’s sanitary sewerage
charges during each calendar year upon a fixed monthly basis determined on or about April 1st
each year by computing the average monthly water consumption for the period from
November 15th of the preceding year to March 15th of the following year and charging rates
based upon such average monthly water consumption. Where there is no history of the
November 15th to March 15th period, the charges shall be based upon actual consumption
until such a history exists.
(c) Where the use of water is such that a portion of all water used is lost by evaporation,
irrigation, sprinkling or other causes, upon proof to the city council water and sewer committee
of such fact and of the amount of water so lost, any such user may have his the charges
changed to reflect such water loss.
(d) If more than one such user is located in any one building or upon any one lot, each month
each such user shall separately pay his their proper rate for sewage disposal service.
(e) The above rates are established for general sewer service conditions. Where special
conditions affect the sewage load or where a service from a single building or lot discharges the
combined waste from two or more businesses or users on a single water meter, the proration
of the rate shall be set by the city council water and sewer committee, taking into account the
sewage services provided or to be provided, but in no event shall the charge for each such user
be less than the minimum charges set forth in Sections 13.12.100 through 13.12.140 of this
chapter.
13.12.121 Industrial user classification and charges.
The rates and charges for industrial users, as defined in Sections 13.08.59013.08.213,
13.08.215, and 13.36 of this code, shall be established as follows:
(1a) All user charges shall be based upon equitable unit charges established for flow BOD
(biochemical oxygen demand) loading and TSS (total suspended solids) loading, based upon the
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average BOD, TSS and other parameter(s) concentrations (as established by the utilities
managerPublic Works Director) monitored for the industrial user and the flow recorded in the
monitoring manhole or water use.
(2b) A minimum monthly charge will be established by the city to cover the basic sewer costs
and monitoring of the industrial user's wastewater discharge, and in the event the monthly
sewer bill does not exceed this amount the industrial user shall agree to pay the estimated
minimum monthly charge. This charge shall be reviewed from time to time and adjusted to
ensure the charge is covering the monitoring services and sewer costs provided and must be
reviewed every two years. Initially, the monthly charges shall be based on the following, unless
otherwise established in the negotiated discharge permit:
(A1) For an industrial user with waste strength less than two hundred fifty mg/l,
measured as five-day BOD and TSS, and other parameters within limits established in
Sections 13.08.57013.08.213, 13.08.215, 13.36 of this title, and whose discharge does
not require regular monitoring other than flow, the minimum monthly charge is as set
forth below:
TABLE INSET:
Sewer Charges
(Monthly)
2005
2010
2011
2006
2012
2007
2013
2008
waste strength <250
mg/l
$217.00352.00
$235.00
$384.00
$254.00
$417.00
$275.00
$449.00
(B2) For an industrial user with waste strength in excess of two hundred fifty mg/l for
two months or more per year, the minimum monthly charge is as set forth below:
TABLE INSET:
Sewer Charges
(Monthly)
2010
2005
2011
2006
2012
2007
2013
2008
waste strength
>250 mg/l
$866.00
$1,406.00
$938.00
$1,536.00
$1,017.00
$1,666.00
$1,101.00
$1,797.00
(C3) Beginning January 15, 20102014, and each January 15th thereafter, the charges set forth
in subsections (2a)(A1) and (2a)(B2) of this section, shall be increased annually, by the October
reported percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-
Bremerton area for All Urban Consumers, or other measure commonly used by the city should
it change; provided, however, that notwithstanding any reduction in the CPI, rates shall not
decrease.
(3c) Until such time as a sewer user charge analysis can be conducted to establish equitable
charges under a negotiated discharge permit between the city and the industrial user, the
following shall be used as the basis for industrial user charges:
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(A1) Flow based charge per cubic foot of wastewater discharged;
(B2) BOD charge per pound of BOD discharged;
(C3) TSS charge per pound of TSS discharged;
TABLE INSET:
Sewer Charges
(Monthly)
2005
2010
2006
2011
2007
2012
2008
2013
Flow-based
charge (per cubic
foot)
$0.01036
$0.01681
$0.01122
$0.01837
$0.01216
$0.01993
$0.01317
$0.02150
BOD charge (per
pound BOD)
0.326
$0.529
0.353
$0.578
0.382
$0.627
0.414
$0.675
TSS charge (per
pound TSS)
0.218
$0.354
0.236
$0.386
0.255
$0.419
0.277
$0.452
(D4)
Beginning January 15, 2014, and each January 15th thereafter, the charges set forth in
subsections (c) of this section, shall be increased annually, by the October reported percentage
increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-Bremerton area for All Urban
Consumers, or other measure commonly used by the city should it change; provided, however,
that notwithstanding any reduction in the CPI, rates shall not decrease.
Beginning January 2010, the charges set forth in subsections (3)(A), (3)(B) and (3)(C) of this
section, shall be increased annually, by the percentage increase of the Consumer Price Index
(CPI) for the Seattle-Tacoma-Bremerton area for All Urban Consumers, or other measure
commonly used by the city should it change.
(4d) Flow shall be based upon one hundred percent of the water consumption or rate of flow
of wastewater discharge into the sewer (measured in an industrial user installed flow
measurement and recording equipment installed in control manhole, pursuant to Section
Chapter 13.08.60013.36 of this titlethe Arlington Municipal Code). Strength of wastewater
discharged shall be established based upon twenty-four-hour composite samples made by the
city at the control manhole and tested by the city's wastewater treatment plant laboratory or
state certified testing laboratory. All testing shall be in accordance with the latest edition of
"Standard Methods for Examination of Water and Wastewater," APHA, AWWA and WPCF. BOD
and TSS, pounds per day, shall be calculated based upon concentration of composite samples
and established flow rates.
(5e) Appeal.
(A1) If any user believes that a portion of his the user’s metered flow, larger than ten
percent, is not discharged into the sewer system (when flow measurement is not
provided in the control manhole), he the user should make written application to the
utilities managerPublic Works Director for review of the user's flow of wastewater. If the
utilities managerPublic Works Director agrees that charges for the user should be
51 AMC Title 13 – w/ strikeouts
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adjusted, he they shall so notify the city council, which may approve such change, or
direct a recomputation of the user's sewer rates.
(B2) If the utilities managerPublic Works Director does not agree to the adjustment of
user charges, the user may further appeal to the city council, which may direct further
study.
13.12.125 New customer capital surcharge.
In addition to the sewer connection charges authorized in Section 13.12.230, new connections
to the sanitary sewer system will pay a monthly rate surcharge for the period of ten years after
connection and first billing. This surcharge represents the additional amount of a fair share of
the costs of sewer facilities not collected in the connection charges. All new customers taking
occupancy with new connections after June 15, 1995, and before February 15, 1999, will be
charged two dollars and sixty-eight cents per equivalent residential unit (ERU) per month for
the ten-year period.
13.12.140 Low income senior citizens' rates.
(a) For qualifying senior citizens as defined in this section, the base residential rates and
consumption and volume charges set out in Sections 13.12.040 and 13.12.115 shall be reduced
by forty percent; provided, however, that the CPI increases referred to in Sections 13.12.040
and 13.12.115 shall not be so reduced.
(b) For purposes of this section, the term "qualifying senior citizens" shall mean those
ratepayers who are sixty-one years of age or older, whose household income is twenty-eight
thousand dollars or less. For purposes of verifying income, ratepayers seeking to qualify under
this section shall provide such annual proof of age and income as may be required by the city
upon forms retained by the city clerkFinance Director for that purpose.
13.12.150 Payments and deposits.
The water and sewer rates and charges set forth in Sections 13.12.010 through
13.12.140 and the stormwater rates and charges set forth in Sections 13.12.900 through
13.12.950 are and shall be considered rates and charges for the combined utility systems.
13.12.160 Partial collection of rates.
In the event of partial payment of the total amount of such rates and charges, such
payment shall be applied prorata to amounts due under Sections 13.12.010 through 13.12.140
and in Sections 13.12.900 through 13.12.950. All remedies available under this chapter,
including termination of water and sewer utility service, or otherwise shall be available to the
city for the collection of any balance due that has become delinquent.
13.12.170 Billing of charges.
All charges authorized under this chapter shall be billed to the owner of the premises
being served, provided that upon written authorization by such owner charges may be billed to
the tenant. The owner has complete responsibility for payment of charges even if the tenant is
receiving the bill.
52 AMC Title 13 – w/ strikeouts
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13.12.180 Utility and lien search and special water meter reading requests.
The city of Arlington provides utility and lien searches and special meter readings for the
closing totals for real estate transactions occurring in Arlington. The cost of providing a utility
and lien search and special meter readings should shall be paid in advance by those making the
request and not shared by all the ratepayers.
(1a) For each request for service received by the city of Arlington the following listed fee(s)
shall be charged and imposed:
TABLE INSET:
Services Fees
1. Utility and lien search request $30.00
2. Special water meter reading request 50.00
(2b) For the purpose of this chapter "Special Water Meter Reading" shall be defined as a
reading of a customer's water meter occurring on any day other than the day the city has
established as the property's regular scheduled water meter reading.
(3c) Every request received by the city of Arlington, whether by mail, fax or electronically will
be either charged the above fee for an estimated closing amount or the above fee for a special
meter reading and an actual closing amount. The fees will be added to the closing amount given
to the escrow company.
13.12.190 Due date for charges.
The monthly rate for sanitary sewage disposal service shall be due and payable in
advance on or before the twentieth day of each month, and if not so paid, shall become
delinquent on said date. All chargesutility bill for water, sewer, and stormwater service shall be
paid on or before the twentieth day of each month following that month in which said service
was furnished, and if not so paid, shall become delinquent on said date. A penalty of five
percent for each thirty days or fraction thereof shall be assessed against all delinquencies.
13.12.200 Water and storm and sanitary sewer main extensions.
Upon application by the property owner to extend any water and/or storm sewer and/or
sanitary sewer main along a public street, alley or easement, to serve his property, the city
water and/or sewer and/or street department shall extend the same, providing the following
conditions are met:
(1) Preliminary Engineering Services. The property owner shall deposit with the city clerk a
sum determined by the city council to cover the cost of any preliminary engineering services
necessary to determine feasibility, specifications and estimated costs of a main extension
project;
(2) Easements. The city may require as a condition for extension of mains the securing by and
at the expense of the property owner of such easements as may be deemed necessary
therefor;
Comment [k1]: From JXK – When were these
last increased?
53 AMC Title 13 – w/ strikeouts
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(3) Financial Resources. The main extension project shall not require any expenditure by the
city which will substantially impair its financial resources;
(4) Project Costs. The property owner shall deposit with the city clerk a sum equal to the
estimated costs of engineering services, pipe and fittings, equipment, labor, overhead, sales
tax, street repairs, and any other costs determined to be directly related to the project;
(5) Location, Size and Reimbursement. The location and size of the main shall be as directed by
the city and to the end that the extension shall conform to a reasonable plan for the grid
system. That portion of the total cost resulting from larger capacity lines than are deemed by
the city necessary to serve the said property owner or development may be reimbursed by the
city or other property owners later connecting to the new city owned lines. Such later
connections shall be charged either a tap-in fee or front footage charge as determined by the
city council after considering service required by the connecting property;
(6) Project Involving More Than One Property Owner. The costs of the main extension shall be
borne on an equal front foot basis by all properties fronting on such improvement, on both
sides thereof, except when the city finds special circumstances to exist. All persons requesting
the extension shall cause the installation thereof to be made along the entire frontage of the
property owned by such person on the street or other public area or easement within which
such extension is being made, except where the city finds special circumstances to exist. The
cost and/or frontage installation requirements shall be modified where the city department or
engineer finds such special circumstances; provided the special circumstances and the
recommended modifications because of the same be made in writing by the applicable
department or officer and approved by the city council;
(7) Special Circumstances. The special circumstances referred to in (6) may consist of the
following:
(A) Where the extending property owner owns more property than is to be immediately
served by the extension, it may not necessarily be required that the extension be made beyond
that portion of his property occupied by the structure to be served together with required side
yard. If the city council later deems additional extension is needed to serve any additional
property beyond the structure served, the cost of such extension to the end of said property
shall then be charged to that property,
(B) Where due to topography, existing use of land or other considerations it is deemed unlikely
that certain abutting land will be served by the extending utilities, it may be excluded from
charge. If later evaluation by the city council shows the land could be served by the utility, the
city council shall determine and charge a prorated share of the costs of said extension.
(C) Property with frontage not representative of the land mass to be served may be assessed
at a higher or lower share of the costs,
(D) Where extreme depth, additional manholes, pumping stations, large diameter mains, etc.,
are required due to the necessity for service to properties remote from the properties
requesting the extension or at a different elevation, the city shall, to the extent possible,
provide that the lineal-foot charges be adjusted so that those properties requiring the
additional depth or appurtenances be required to pay therefor. All normal manholes,
appurtenances and depth appropriate for the area in question shall be included in the cost to
be allocated,
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(E) Where properties are excluded from charge under (B) and/or (C) the remaining properties
to be charged shall pay, prorata, the amount otherwise chargeable to the excluded property,
(F) The city may, upon the request of a property owner, not require the immediate
construction of the extended facilities to a point otherwise required herein provided that
suitable provisions be made to secure the payment by the property owner in question, for a
future extension, to be approved by the city attorney;
(8) Ownership of Main. The main extension and easement becomes the property of the city
and its applicable department.
(Ord. 569 §4, 1969).
13.12.210 Connection and tap-in charges--Surcharge for customers outside the city limits.
In addition to the foregoing rates and charges, the city shall charge at the time of
connection for each residential unit or equivalent residential unit connected to the water or
sewer system the charges set forth in Sections 13.12.220 and 13.12.230; provided, however,
that for customers to be served outside of the city limits of the city of Arlington, the tap-
inconnection charges set forth in Sections 13.12.220(a), 13.12.230, and 13.12.240 shall be
increased by fifty percent. Additional information regarding utility connections outside city
limits are contained in AMC Chapter 13.20.
13.12.220 Water connection and meter charges.
(a) Tap-inConnection Charge. A tap-inconnection charge is a charge for a share of the
municipal city’s potable water system that a service connection must pay as a condition of
being allowed to connect to the city’s potable water sytem. The proportionate share is based
on the anticipated water impact the service will have on the city’s potable water system and is
measured as an Equivalent Residential Unit (ERU) to which the water connection serves as
determined by Table 1 in Section 13.12.230 of this chapter. One ERU is defined as 300 gallons of
water per day.
For property served within the city limits, a charge shall be made as shown below per
each residential unit or equivalent residential unit as set forth in Table 1 in Section 13.12.230 of
this chapter. There shall be a minimum of one unit.in the below table for the first, or base, ERU.
Each water service connection shall, at a minimum, be charged for one ERU. The connection
charge(s) for each additional ERU, as rounded up or down to the next full ERU, is included in the
table below
TABLE INSET:
Water Tap-In Charge
per residential unit or equivalent $4,300.00
Where tap-in charges are for connections served by a meter larger than five-eighths by
three-fourths inch size, the following charge shall be made:
TABLE INSET:
55 AMC Title 13 – w/ strikeouts
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Meter Size Water Tap-InConnection Charge
⅝ or ¾ inch $4,300.00
1 inch $10,750.00
1- 1/2 inch 21,500.00
2 inch 34,400.00
3 inch 64,500.00
4 inch 107,500.00
6 inch 215,000.00
Over 6 inches Amount over $215,000.00 to be
determined by council
Fee for each ERU in addition to the first or base
ERU (regardless of meter size) $4,300.00
The tap-in charge for each additional residential unit or equivalent residential unit or
portion thereof greater than one shall be four thousand three hundred dollars.
(b) Connection Meter Installation Charge Within City. In addition to the connection charges
specified in subsection 13.12.220(a) of this section, the city shall charge for each building or
service connected to the water system within the city, the followinga meter connection
installation charge, as set forth in the below table:
(1) For three-fourths inch metered service connection including meter: seven hundred twenty
dollars;
(2) For services and meters larger than three-fourths inch, the following charge shall be made:
TABLE INSET:
Meter Size Connection Charge
⅝ or ¾ inch $720.00
1 inch $1,080.00
1- 1/2 inch $1,580.00
2 inch $2,230.00
3 inch $4,250.00
4 inch $6,770.00
6 inch Cost established at the time of Set at installation
Over 6 inches To be determined by city council
(c) Connection Charge Outside City. Outside the city, all meter, pipe, material, labor and
overhead charges in connection with the installation of water service shall be paid solely by the
56 AMC Title 13 – w/ strikeouts
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person receiving the water service. The city may perform all or part of the installation of the
service at the sole cost of the person receiving the water service. In such case the applicant
shall deposit with the city clerk the estimated amount of the cost of installation prior to the
work being done.
(c)Performance of Work. The city may perform all or part of the installation of the service at the
so cost of the person receiving the water service. In such case, the applicant shall deposit with
the Finance Director the estimated amount of the cost of installation prior to the work being
done.
(d) Time of Payment of Charges--Excess and Deficiencies. All charges imposed under this
section, including connection charges, meter fees, material, labor and overhead costs, shall be
paid in advance. If any advance payment based on an estimate is excessive, the city shall refund
the excess on completion; and if the estimated amount paid is insufficient, the city shall bill
such excess to the person owing the same and such excess shall be forthwith paid to the city.
(e) Additional Charges. An additional charge will be made in all cases for repair of such street
paving, curbs and gutters, and sidewalks as may be damaged by the installation of the water
service, based upon actual cost to the city of materials, equipment, labor and overhead. Upon
application, the city will estimate the amount of the additional charge, and the applicant shall
deposit with the city clerkFinance Director the estimated amount prior to the work being done.
13.12.230 Sewer connection charges.
Except as otherwise provided herein, the city shall charge a sewer connection or tap-in
charge for each residential unit or equivalent residential unit as set forth in Table 1 of this
section. The connection or tap-in charge shall be in the amount of eight thousand four hundred
dollars ($8,400) per equivalent residential unit. These fees shall be paid for each building or
service to be connected to the sewage system, whether it connects directly to the sewer line or
is combined with two or more services and connected to the sewer line at a single point. Such
connection and other charges are as set forth in Table 1 of this section.
(1a) Beginning on January 15, 2010, the tap-in fee set forth for the year 2009 shall be
increased annually by the percentage increase of the Consumer Price Index (CPI) for the
Seattle-Tacoma-Bremerton area for all urban consumers, or other measure commonly used by
the city should it change.
(2b) Connection charges for industrial users as defined in Section 13.08.590 040 shall be
computed as set forth in Section 13.12.240.
(3c) An additional charge will be made in all cases for repair of such street paving, curbs and
gutters, and sidewalks as may be damaged by the installation of the side sewer, based upon the
actual cost to the city of materials, equipment, labor and overhead. Upon application, the city
will estimate the amount of additional charge, and the applicant shall deposit with the city clerk
the estimated amount prior to the work being done.Side Sewer Installation – All side sewers
shall be installed in accordance with Section 13.08.170.
(4d) In all cases there shall also be paid a side sewer permit and inspection fee in the amount
of one hundred eighty dollars for the first residential unit or equivalent residential unit
Comment [k2]: JXK – Steve – I heard that annual
CPI increases to connection fees were struck down
by the courts???????????
57 AMC Title 13 – w/ strikeouts
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connected to the service and thirty-six dollars for each additional residential unit or equivalent
residential unit as determined by the unit definition for sewer tap-inconnection charges.
(5e) Field inspection fees for inspection requested other than side sewer permits shall be
charged at the rate of seventy-five dollars per hour with one-hour minimum charge.
(6f) All charges imposed under this chapter shall be paid in advance. If any advance payment
based on an estimate is insufficient, then the city shall bill such excess to the person owing the
same.
(7g) Table 1 is established as follows:establishes Equivalent Residential Unit (ERU) rates for
typical facilities based on scandalized water use data. Table 1 is the basis for determining the
ERU count for all water and sewer services and shall be reapplied with any change in operation
or use. One ERU is defined as 300 gallons of water or sewage per day.
Table 1
Basis for New Sewer and Water Tap-In Fees
TABLE INSET:
Typical Facilities Measurement Basis
Estimated
ERU Rate
Restaurants -- inside seating 1,000 sf (gross) 3.0
Drive-thru " 5.0
Deli/coffee shop " 1.0
Dry retail (hardware, clothing, et al) " 0.2
Wet retail (grocery, florist, et al) " 0.4
General office " 0.3
Medical/dental " 0.5
Hair salon " 0.5
Laundry Each machine 0.7
Car wash -- automatic each 20.0
Hand each bay 2.0
Auto service -- gas plaza each pump 0.1
Repair shop 1,000 sf (gross) 0.5
Mini-mart " 0.5
School -- elementary 100 students and
staff 1.0
Junior high / Middle school 100 students and
staff 1.2
58 AMC Title 13 – w/ strikeouts
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High School 100 students and
staff 1.5
Hotel or motel room 0.5
Warehouse or manufacturing (no process water or
wastewater) 1,000 sf 0.1
Church " 0.5
Multifamily Each dwelling unit 0.67
Industrial See note 1 See note 1
h
All other uses See note 2 See note 2 i
Speculative buildings See note 3 See note 3 j
1.(h) Industrial. Industrial applications require submittal of a written description of the
industrial process, with a floor plan of the plumbing system, that defines expected production
levels and water consumption. Equivalent residential unit determination will be computed from
the forecasted average daily consumption (not discounted for weekends or holidays).
2.(i) All Other Uses. Equivalent residential unit determination will be made on a case-by-case
basis based on like uses, whenever information is available.
3.(j) Speculative Buildings. Equivalent residential unit determination will be computed for a use
typical to the allowed zoning, such as dry commercial, general office or warehouse.
13.12.240 Sewer connection charges--Industrial.
For those users which are defined as industrial users under Section 13.08.59013.40, the
city public works director or his or her designee shall establish a connection fee based on the
formula set forth in subsection (2b) of this section. To the extent possible, the public works
director or designee shall utilize historical data in establishing the connection fee.
(1a) For the purposes of this section, the following terms shall have the following meanings:
(A1) "Equivalent residential unit of BOD" means twelve and one-half pounds of biochemical
oxygen demand as defined in Section 13.08.020(1) per month.
(B2) "Equivalent residential unit of flow" means one thousand cubic feet per month of flow.
(C3) "Equivalent residential unit of TSS" means twelve and one-half pounds of total suspended
solids as defined in Section 13.08.020(23) per month.
(2b) The connection fee for connections made under this section shall be calculated to include
a flow rate per equivalent residential unit, plus a BOD rate per equivalent residential unit, plus a
TSS rate per equivalent residential unit as shown:
TABLE INSET:
Industrial Sewer Connection Fees
59 AMC Title 13 – w/ strikeouts
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(Flow + BOD + TSS per ERU)
FLOW $5,060.00
BOD $3,035.00
TSS $2,025.00
(3c) At any time within twelve months of the imposition of the connection fee, the public
works director, or his his/her designee may review the connection fee imposed under
subsection (2b) of this section. In the event the equivalent residential units as defined in
subsection (1a) of this section were estimated incorrectly, the city may impose an additional
connection fee to take into account higher equivalent residential units.
(4) Beginning on January 15, 2010, the rates set forth for the year 2009 shall be increased
annually by the percentage increase of the Consumer Price Index (CPI) for the Seattle-Tacoma-
Bremerton area for all urban consumers, or other measure commonly used by the city should it
change.
13.12.250 Appeals.
Any property owner of an approved final plat, subdivision, multiple residential dwelling,
or commercial, nonresidential, or industrial property may administratively appeal the sewer or
water connection charges established herein to the Arlington City Council, which shall review
the reasonableness of the connection fee proposed to be charged, taking into account other
mitigation which may have been made to impacts on the city water and sewer systems.
13.12.260 Petunia sewer district, Arlington customer rates.
(a) Except as expressly modified herein, the terms and definitions codified in the Arlington
Municipal Code, including Title 13 thereof, shall apply to the establishment of the rates and
charges for sewer utility service to that sewer system commonly known as the Petunia system
purchased from the city of Marysville.
(b) For new customers within the Petunia sewer system, all rates and charges for services shall
be computed pursuant to the Arlington Municipal Code, now in effect or as hereafter amended.
For existing customers within the Petunia system, the rates and charges established in Exhibit 1,
attached to the ordinance codified in this section and incorporated by reference herein, shall
apply.
Exhibit 1 to Section 13.12.260
TABLE INSET:
Classification
2/1/1999 to
7/31/1999
rate
8/1/1999 to
1/31/2000
rate
2/1/2000 to
7/31/2000 rate
8/1/2000 to
1/31/2001 rate
Residential
Multifamily (4
affected customers)
$25.50 per
unit
$28.00 per
unit
$30.50 per unit
$32.70 per unit
Comment [k3]: JXK – Connection fees do not
increase annually…. Steve, please see my earlier
comment.
JXK – This was decided against by Council.
60 AMC Title 13 – w/ strikeouts
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Senior Center account
#70-9960 only
$26.50
minimum
only
$29.00
minimum
only
Base rate of
$31.50 for the
first 300 cubic
feet, plus $2.75
for each 100
cubic feet
thereafter
Base rate of
$32.70 for the
first 300 cubic
feet, plus $3.38
for each 100
cubic feet
thereafter
Hotel/motel $13.00 per
unit
$9.00 per
unit
Base rate of
$31.50 for the
first 300 cubic
feet, plus $2.75
for each 100
cubic feet
thereafter
Base rate of
$32.70 for the
first 300 cubic
feet, plus $3.38
for each 100
cubic feet
thereafter
Mini-mart/service
station
$26.50
minimum, or
$1.39 per 100
cubic feet,
whichever is
greater
$29.00
minimum, or
$2.07 per 100
cubic feet,
whichever is
greater
Base rate of
$31.50 for the
first 300 cubic
feet, plus $2.75
for each 100
cubic feet
thereafter
Base rate of
$32.70 for the
first 300 cubic
feet, plus $3.38
for each 100
cubic feet
thereafter
Restaurant with
grease trap (Class 3
under Marysville
Municipal Code)
$26.50
minimum, or
$1.52 per 100
cubic feet,
whichever is
greater
$29.00
minimum, or
$2.14 per 100
cubic feet,
whichever is
greater
Base rate of
$31.50 for the
first 300 cubic
feet, plus $2.75
for each 100
cubic feet
thereafter
Base rate of
$32.70 for the
first 300 cubic
feet, plus $3.38
for each 100
cubic feet
thereafter
Restaurant without
grease trap (Class 3
under Marysville
Municipal Code,
including volume
surcharge of 124
percent over
restaurant with
grease trap
$26.50
minimum, or
$3.40 per 100
cubic feet,
whichever is
greater
$29.00
minimum, or
$4.79 per 100
cubic feet,
whichever is
greater
Base rate of
$31.50 for the
first 300 cubic
feet, plus $6.16
for each 100
cubic feet
thereafter
Base rate of
$32.70 for the
first 300 cubic
feet, plus $7.57
for each 100
cubic feet
thereafter
(Ord. 1187 §§1, 2, 1999).
13.12.900 Classifications, rates, charges and rules for stormwater service.
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The classifications, rates and charges for stormwater service and the rules
governing such service are fixed as follows in Sections 13.12.910 through 13.12.070,
and shown in Table 2.
13.12.910 Classification of property.
The utility shall estimate or measure the impervious area of each parcel of
developed real property within the boundaries of the utility to determine the number of
equivalent service units (ESUs), as defined in section 13.28.050(m), that are contained
therein; six thousand square feet of impervious area shall equal one ESU. See Table 2.
(a) All single-family residences, duplexes and triplexes are deemed to contain
one ESU per dwelling unit.
(b) For all other developed real properties, including multifamily, condominiums
and mobile home parks, the utility shall determine the number of ESUs contained
thereon by dividing the number of square feet of impervious area on each
property by six thousand; the total thus obtained will be rounded to the nearest
whole number representing the ESUs contained on such property.
(c) Each developed parcel of property shall be deemed to contain a minimum of
one ESU. Credits shall not reduce this minimum.
13.12.920 Real property in an undeveloped condition.
In accordance with the policy established in Section 13.28.090, the service
charge shall be determined by the amount of impervious area contained on each parcel
of real property. Those properties remaining in an undeveloped condition are deemed
not to make use of the services of the utility or of the facilities of the system beyond that
used by such property in the natural state. Therefore, no service charge shall be
imposed upon that real property.
13.12.930 Property exempt from service charges.
The following special categories of property are exempt from service charges:
(a) City street rights-of-way;
(b) State of Washington highway rights-of-way and Snohomish County road
rights-of-way so long as the state of Washington and Snohomish County shall
agree to maintain, construct and improve all drainage facilities contained within
such rights-of-way as required by the utility in conformance with all utility
standards for maintenance, construction and improvement hereafter established
by the utility and so far as such maintenance, construction and improvements
shall be achieved at no cost to the utility or to the city.
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Table 2. Property Classification and ESUs for Stormwater Rate Assessment
Stormwater Property Classification Number of ESUs
Exempt N/A
Undeveloped 0
Residential, SFR 1
Residential, Duplex 2, 1 per dwelling unit
Residential, Triplex 3, 1 per dwelling unit
Residential, Homeowners’ Assoc & Common Areas Impervious area / 6000 sf
Residential, Multi-family (apartments, condominiums,
mobile home parks)
Impervious area / 6000 sf
School Impervious area / 6000 sf
Commercial, Institutional, Other Impervious area / 6000 sf
Irrigation 0
Industrial Impervious area / 6000 sf
13.12.940 Initial service charge rates.
In accordance with the rate structure established herein, there is hereby levied
upon all developed real property within the boundaries of the utility, the following service
charges:
(a) For all single-family residences, the monthly service charge shall be three
dollars and forty-five cents per month.
(b) For all other developed property including multifamily, condominiums and
mobile home parks within the boundaries of the utility, except as specified under
Section 13.28.130, the monthly service charge shall be three dollars and forty-
five cents per month multiplied by the number of equivalent service units
determined by the utility to be contained in such parcel. For all single-family
property owners qualifying for the senior low-income utility discount established
in Section 13.12.140, the discount shall apply to stormwater service charges.
13.12.950 Credit potential for private, on-site control facilities on non single-
family properties and school facilities.
(a) The utility may grant a credit for private, on-site control facilities that benefit
the overall stormwater system. Details pertaining to eligibility and applying for a
credit are detailed in the Stormwater Credit Manual as defined in section
13.28.050(dd). The eligibility of the credit shall be reviewed on an annual basis to
ensure proper maintenance of said private facilities. The administrator of the
utility shall determine the forms, requirements and process for determining
eligibility.
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(b) The utility shall grant public schools additional credit upon receipt of an
acceptable curriculum showing how the district provides education regarding
stormwater issues. Each site owned and operated by the district in support of
education shall be eligible for this credit in addition to any site-specific credits
also available for individual sites. The administrator of the utility shall determine
the forms, requirements and process for determining eligibility.
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Chapter 13.16 SOLID WASTE MANAGEMENT PLAN
Sections:
13.16.010 Definitions.
13.16.020 Snohomish County system designated.
13.16.030 Unlawful disposal of solid waste.
13.16.040 Interlocal agreement approved.
13.16.010 Definitions.
As used in this chapter, the following definitions apply:
(a) "City" means the city of Arlington, Washington.
(b) "Comprehensive solid waste management plan" or "comprehensive plan" means the
Snohomish County comprehensive solid waste management plan, including a recycling
element, as adopted by Snohomish County Motion 90-________, and as amended from time to
time.
(c) "County" means Snohomish County, Washington.
(d) "Interlocal agreement" means the Interlocal Agreement Regarding Solid Waste
Management, attached to the ordinance codified in this chapter and incorporated herein by
this reference.
(e) "Person" means an individual, firm, partnership, political subdivision, government
agency, municipality, industry, public or private corporation, or any other entity whatsoever.
(f) "Solid Waste" means solid waste as defined by RCW 70.95.030(16) and WAC 173-
304-100(73) with the exception of wastes excluded by WAC 173-304-015.
(g) "Solid waste handling" means the management, storage, collection, transportation,
treatment, utilization, processing, and final disposal of solid wastes, including the recovery and
recycling of materials from solid wastes, the recovery of energy resources from such wastes or
the conversion of the energy in such wastes to more useful forms or combinations thereof, and
as such term may be modified by amendments to RCW 70.95.030(17).
(h) "System" means all facilities for solid waste handling owned or operated, or
contracted for, by county, and all administrative activities related thereto.
13.16.020 Snohomish County system designated.
(a) All solid waste generated within the corporate limits of the city shall be disposed of
through the county system as provided for in the comprehensive plan except as otherwise
provided in subsection (d) of this section.
(b) Snohomish County is authorized to designate disposal sites for the disposal of all solid
waste which is generated within the city subject to the applicable laws and regulations of the
Snohomish health district and the city if located within the city.
(c) No solid waste may be diverted from the disposal sites designated by the county without
county approval or as provided in the comprehensive plan.
(d) The provisions of this section shall not apply:
(1) To the disposal of solid waste through the waste recycling element of the
comprehensive plan or any waste reduction or recycling plan approved by the county;
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(2) To the disposal of hazardous wastes or substances where disposal into the county
system is prohibited or where other provisions pursuant to state or federal laws are
made for handling of such wastes or substances;
(3) Where disposal is otherwise provided for under state or federal law.
13.16.030 Unlawful disposal of solid waste.
(a) It is unlawful for any person to dispose of any solid waste generated in the city and subject
to this chapter unless they comply with the provisions of RCW 70.95.240, RCW 70.95.500, and
RCW 70.95.610, which are hereby adopted by reference.
(b) Any violation of the provisions of RCW 70.95.240 shall be a misdemeanor, and any person
found guilty thereof shall be punished by a fine not to exceed one thousand dollars or
imprisonment in jail not to exceed ninety dyas, or by both such fine and imprisonment.
(c) Any violation of the provisions of RCW 70.95.610 shall be misdemeanor, punishable by a
fine not to exceed one thousand dollars.
(d) Any violation of the provisions of RCW 70.95.500 shall be punishable by a civil penalty,
which shall be no less than two hundred dollars, nor more than two thousand dollars for each
offense.
13.16.040 Interlocal agreement approved.
The city council authorizes and directs the mayor to execute the interlocal agreement
on behalf of the city. This authorization is conditioned on similar approval by sixty percent of
the projected service population and further contingent on approval by the county of its
comprehensive plan. A copy of the comprehensive plan is on file with city clerk and is
incorporated by reference.
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Chapter 13.20 UTILITY CONNECTIONS OUTSIDE CITY LIMITS
Sections:
13.20.010 Service outside city limits authorized.
13.20.020 Service outside city limits--Application.
13.20.030 Service outside city limits--Rates and charges.
13.20.040 Service outside city limits--Utility extension agreement.
13.20.050 Service outside city limits--Water.
13.20.060 Service outside city limits--Sanitary sewer.
13.20.070 Extensions for public health, safety or environmental reasons.
13.20.080 Extensions outside city limits--Priority to projects in city limits.
13.20.010 Service outside city limits authorized.
(a) The city is authorized, pursuant to RCW 35.67.310 and 35.92.200, to provide sanitary sewer
and water service to property outside the city limits. The city's provision of such service is not
mandatory. In all circumstances in which the city agrees to provide water or sanitary sewer
service to property beyond its limits, the applicants for such service must comply with all of the
terms and conditions of this chapter.
(b) After designation of the city's urban growth area boundary by the county as contemplated
by RCW 36.70A.110, the city is prohibited from annexing territory beyond such boundary (RCW
35A.14.005). Therefore, except to municipal corporations or quasi-municipal corporations, such
as water, sanitary sewer or fire districts, and then only under the circumstances described in
subsection (c) of this section, the city's extension of sanitary sewer service outside the city
limits to property not contained within the city's urban growth area is generally not appropriate
under state law.
(c) The Growth Management Act, Chapter 36.70A RCW, allows cities to provide water and
sanitary sewer services in rural areas in those limited circumstances shown to be necessary to
protect basic public health, safety and the environment, and when such services are financially
supportable at rural densities and do not permit urban development. Applications for water
and/or sanitary sewer service in rural areas or areas outside the city's urban growth area may
be granted by the city under these circumstances under the procedures set forth in Section
13.20.070 (Extensions for Public Health, Safety or Environmental Reasons).
(d) System expansion will not be permitted except in conjunction with and at the time of
providing individual service connections as permitted herein.
13.20.020 Service outside city limits--Application.
Any person desiring to have their property connected with the city's water supply
system or with sanitary sewer service shall make application at the office of the city's planning
division on the appropriate form. Every such application shall be made by the owner of the
property to be supplied the service, or by his or her authorized agent. The applicant must state
fully the purposes for which the water and/or sanitary sewer service is required. Applicants
must agree to conform to the city's rules and regulations concerning water and sanitary sewer
service set forth in this title, as the same now exists or may be amended in the future. The
Comment [k4]: JXK – Steve – Our code (AMC
13.08) states that our sewer service area is defined
as the city limits????????????
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Director of Development ServicesPublic Works or his or her designee is hereby authorized to
develop administrative guidelines, procedures and forms to implement this process.
13.20.030 Service outside city limits--Rates and charges.
Applicants for water and/or sanitary sewer service to property outside the city limits
shall be charged the rates for such service as set forth in AMC Chapter 13.12, as those code
sections now exist or may hereafter be amended. All other additional charges applicable to
water and/or sanitary sewer service to property within the city limits in this title shall also be
imposed pursuant to AMC Title 13, where appropriate. A fee for processing requests for utility
service as described in AMC 13.20.020 shall be imposed, as established by resolution.
13.20.040 Service outside city limits--Utility extension agreement.
Every applicant for water and/or sanitary sewer service outside the city limits, except for
municipal corporations or quasi-municipal corporations, such as water, sanitary sewer or fire
districts, must agree to sign an agreement with the city, which conditions the provision of the
service on the following terms:
(a) Agreement to Run with the Property. The agreement shall be recorded against the
property in the Snohomish County auditor's office, and shall constitute a covenant running with
the land. All covenants and provisions of the agreement shall be binding on the owner and all
other persons subsequently acquiring any right, title or interest in or to said property. Failure to
record said document shall not invalidate the agreement.
(b) Warranty of Title. The owner of the property, who shall also warrant that he/she is
authorized to enter into such agreement, shall execute the agreement.
(c) Costs of Design, Engineering and Construction of Extension. The owner shall agree to pay all
costs of design, engineering and construction of the extension, which shall be accomplished to
city standards and conform to plans approved by the city engineer. The owner shall also pay the
costs of plan review and construction inspection pursuant to the city's fee schedule.
(d) Easements and Permits. The owner shall secure and obtain at the owner's sole cost and
expense, all permits, easements and licenses necessary to construct the extension or
connection.
(e) Dedication of Capital Facilities. The owner shall agree to dedicate all capital facilities
constructed as part of the water and sanitary sewer extension (such as water or sanitary sewer
main lines, pump stations, wells, meters and boxes, etc.), at no cost to the city, upon the
completion of construction, approval and acceptance by the city. Additionally, utility easements
over these facilities shall be dedicated to the city.
(f) Connection Charges. The owner shall agree to pay the connection charges set by the city in
AMC Chapter 13.12 (as that chapter now exists or may hereafter be amended), as a condition
of connecting to the city water and/or sanitary sewer system. Such connection charges shall be
calculated at the rate schedules applicable at the time of actual connection.
(g) Agreement Not to Protest Annexation. The owner shall sign a no protest agreement for
annexation of the property to the city in a form acceptable to the city.
(h) Waiver of Right to Protest LID. If, at the time of execution of the agreement, the city has
plans to construct certain improvements that would specially benefit the owner's property, the
agreement shall specifically describe the improvement. The owner shall agree to sign a petition
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for the formation of an LID or ULID for the specified improvements at the time one is circulated,
and to waive his/her right to protest formation of any such LID or ULID.
(i) Development of Property to Conform to City Utility Standards. The owner shall agree to
comply with all requirements of the city's utility regulations, standards, and policies when
developing or redeveloping the property subject to the agreement except as otherwise set
forth in this chapter. Additionally, any water service meter shall not exceed two inches in size,
shall not be located more than ten feet outside of the public street right-of-way, and shall be
subject to the appropriate pressure and volume requirements.
(j) Termination for Noncompliance. In addition to all other remedies available to the city for
the owner's noncompliance with the terms of the agreement, the city shall have the ability to
disconnect the utility, and for that purpose may at any time enter upon the property.
(Ord. 1304 §1(part), 2003: Ord. 1299 §2, 2003; Ord. 1233 §1(part), 2000).
13.20.050 Service outside city limits--Water.
The city may allow applicants outside the city limits but inside the city's Coordinated
Water System Plan (CWSP) area to connect to the city's water system, subject to compliance
with AMC 13.20.040, above, under the following terms:
(a) Within the UGA:
(1) New or existing single-family residential buildings on existing lots may be allowed to
connect to the city's water system only if the project complies with the city's utility
regulations, standards, and policies.
(2) New subdivisions or short plats may be allowed to connect to the city's water
system only if the project complies with the city's utility regulations, standards, and
policies.
(3) New or existing multi-family residential, commercial, industrial or other non-SFR
developments may be allowed to connect to the city's water system only if the project
complies with the city's utility regulations, standards, and policies.
(b) Outside the city's urban growth area:
(1) New or existing single-family residential (SFR) buildings on existing lots may be
allowed to connect to the city's water system upon compliance with the city's utility
regulations, standards, and policies and Snohomish County's adopted land use plan and
zoning and development regulations.
(2) New subdivisions or short plats may be allowed to connect to the city's water
system upon compliance with the city's utility regulations and policies and Snohomish
County's adopted land use plan and zoning and development regulations, which are
herein assumed to be rural.
(3) New or existing multi-family residential, commercial, industrial or other non-SFR
developments may be allowed to connect to the city's water system upon compliance
with the city's utility regulations and policies and Snohomish County's adopted land use
plan and zoning and development regulations, which are herein assumed to be rural.
(c) Outside the CWSP Area:
(1) No connections to the city's water system shall be permitted outside the CWSP
area.
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13.20.060 Service outside city limits--Sanitary sewer.
The city may allow applicants to connect to the city's sanitary sewer system, subject to
compliance with AMC 13.20.040, above, under the following terms:
(a) Within the UGA:
(1) New or existing single-family residential buildings on existing lots may be allowed to
connect to the city's sanitary sewer system only upon annexation to the city.
(2) New subdivisions or short plats may be allowed to connect to the city's sanitary
sewer system only upon annexation to the city.
(3) New or existing multi-family residential, commercial, industrial or other non-SFR
developments may be allowed to connect to the city's sanitary sewer system only upon
annexation to the city.
(b) Outside the city's urban growth area:
(1) New or existing single-family residential buildings on existing lots shall not be
allowed to connect to the city's sanitary sewer system.
(2) New subdivisions or short plats shall not be allowed to connect to the city's sanitary
sewer system.
(3) New or existing multi-family residential, commercial, industrial or other non-SFR
developments shall not be allowed to connect, except where the property has been
assessed or participated in an LID enabling such service and the city finds that such
extension is contractually or legally required and when it complies with the city's utility
regulations, standards, and policies and the county's adopted land use plan, zoning and
development regulations, and other applicable plans, which are herein assumed to be
rural.
13.20.070 Extensions for public health, safety or environmental reasons.
(a) Any person may make application for water or sanitary sewer service to an existing use on
property inside or outside the city urban growth area boundary if, in addition to all other
requirements of this title, the applicant can demonstrate that the extension is necessary to
protect basic public health, safety, welfare and/or the environment. This showing may include,
among other documentation, an emergency order issued by the department of ecology relative
to any sanitary sewer extension request.
(b) The city council shall review the application and may, in its sole discretion, allow the
extension if the council finds:
(1) That the requested service is financially supportable at rural densities and does not
permit urban development;
(2) That the city's NPDES permits will not be affected by the extension;
(3) That the extension is consistent with the goals of the city's water and sanitary
sewer comprehensive plans and all other applicable law, including, but not limited to,
the Public Water System Coordination Act (Chapter 70.116 RCW), and the State
Environmental Policy Act (Chapter 42.31C RCW);
(4) The necessity to protect the basic public health, safety, welfare and/or the
environment is not due simply to the applicant improperly installing or maintaining an
on-site system; and,
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(5) No other alternative is physically feasible (monetary costs shall not be considered).
(c) The council's approval of any extension under the criteria in subsection (b) of this section
may be conditioned upon the following:
(1) Restrictions may be placed on the hours that the city will accept sewage flow from
the applicants;
(2) Restrictions may be placed on the amount of sewage flow or water provided to the
applicant;
(3) Any other conditions the council considers appropriate.
13.20.080 Extensions outside city limits--Priority to projects in city limits.
The extension of utilities outside the city limits shall be permitted based on the
availability of capacity to serve areas outside the city. When determining whether to extend
utilities outside the city limits, the city council shall prioritize potential utility extensions as
follows:
(a) Extensions shall be given first to those applicants within the city of Arlington city limits.
(b) Second priority should be given to those applicants within the city of Arlington UGA. The
city of Arlington shall give consideration to the existing supply and anticipated demands or
requests for service within the city of Arlington when determining whether to extend outside
the city limits but within the UGA.
(c) Third priority, for water only, should be given to those applicants outside the UGA but
within the RUTA.
(d) Fourth priority, for water only, should be given to those applicants outside the RUTA but
within the CWSP. The city of Arlington shall give consideration to the existing supply and
anticipated demands or requests for service within the city of Arlington and its UGA when
determining whether to extend outside the city limits and UGA to areas within a utility service
area.
(e) Extensions may be given higher priority where existing water quality or quantity problems
make extension necessary to protect basic public health, safety, welfare and/or the
environment.
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Chapter 13.24 UTILITY REIMBURSEMENT AGREEMENTS
Sections:
13.24.010 Purpose.
13.24.020 Definitions.
13.24.030 Authorization.
13.24.040 Minimum project size.
13.24.050 Application--Contents.
13.24.060 Engineer's recommendation.
13.24.070 Notice to property owners.
13.24.080 Determination of reimbursement area boundary and reimbursement fee.
13.24.090 Preliminary assessment reimbursement area--Amendments.
13.24.100 Length of reimbursement provision.
13.24.110 Reimbursement agreement must be recorded.
13.24.120 Application fees and costs.
13.24.130 Construction and acceptance of improvements--Recording of final fees.
13.24.140 Collection of reimbursement fees--No liability for failure to collect.
13.24.150 Disposition of undeliverable reimbursement fees.
13.24.010 Purpose.
The purpose of this chapter is to prescribe rules and regulations for exercise of authority
granted to the city by RCW Chapter 35.91 to enter into a utility reimbursement agreement.
Nothing in this chapter shall require the city to enter into any requested utility reimbursement
agreement.
13.24.020 Definitions.
As used in this chapter, the terms listed below shall be defined as follows:
(a) City means the City of Arlington, Washington unless otherwise
specified.
(a)(b) "Cost of construction" means those costs (excluding interest
charges or other financing costs) incurred for design, acquisition for
rights-of-way and/or easements,
(b)(c) "Engineer" means the city engineer or his or her designated
representative.
(c)(d) "Recoverable costs" means a fair pro rata share of the cost
of construction of sewer or water facilities that exceeds the
requirements of city code or adopted city standards or that
provides excess capacity as determined by the engineer.
(d)(e) "Reimbursement agreement" means a written contract
between the city and one or more parties providing both for
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construction of sewer or water facilities and for reimbursement to
the party or parties constructing the facilities for part of the costs
of the facilities by owners of property benefited by the
improvements.
(e)(f) "Sewer or water facilities" shall have the meaning specified
in RCW 35.91.020 as it now reads or as hereafter amended.
13.24.030 Authorization.
(a) Any owner of real estate who is required to construct or improve sewer or
water facilities as a result of any provision of city code or other local or state
regulation as a prerequisite to further development may make application to the
engineer for the establishment by contract of an assessment reimbursement area
as provided by state law.
(b) If authorized by ordinance, the City may participate in financing the
development of water, sewer or storm facilities authorized by, and in accordance
with RCW 35.91.020 (1)(b), (a). The City will have the same rights to
reimbursement as owners of real estate who make contributions as authorized
under this section.
13.24.040 Minimum project size.
To be eligible for a reimbursement agreement, the estimated recoverable cost of
the proposed water or sewer improvement must be not less than twenty-five thousand
dollars. The estimated costs of the improvement shall be determined by the engineer,
based upon a construction contract for the project, bids, engineering or architectural
estimates or other information deemed by the engineer to be a reliable basis for
estimating costs. The determination of the engineer shall be final. A separate contract
shall be required for each water, sewer or storm water element
13.24.050 Application--Contents.
Every application for the establishment of an assessment reimbursement area
shall be accompanied by the application fee specified in Section 13.24.120 of this code
and shall include the following items:
(a) Approved utility design drawings;
(b) Itemized estimate of construction costs prepared and signed by a
Washington state licensed civil engineer or in the form of a bid submitted by a
Comment [JXK5]: Steve - We are looking for a
way to help finance the cost of utility service for
smaller business in remote locations (Smokey Pt
Blvd, Island Crossing). Your thoughts?
Comment [JXK6]: Why $25,000? Can it be
lower?
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qualified contractor (if more than one bid has been obtained, all bids must be
submitted to the city).
(c) A scaled vicinity drawing, stamped by a licensed engineer or licensed land
surveyor depicting the proposed improvements, the location, the proposed
benefited area, dimension and county assessor's numbers for each tax parcel,
size of parcels, and evaluations where necessary for determining benefits;
(d) A separate legal description for each tax parcel within the benefited area;
(e) A complete list of owners of record of property within the proposed
assessment reimbursement area certified as complete and accurate by the
applicant and which states names and mailing addresses for each such owner;
(f) Envelopes addressed to each of the record owners of property at the
address shown on the tax rolls of the county treasurer within the proposed
reimbursement area boundary. Proper postage for certified mail shall be affixed
or provided;
(g) Copies of executed deeds and/or easements in which the applicant is the
grantee for all property necessary for the installation of such sewer or water
facilities; and
(h) Such other information as the engineer determines is necessary to properly
review the application.
13.24.060 Engineer's recommendation.
(a) The engineer shall review all applications for the establishment of an
assessment reimbursement area and may recommend approval of the
application only if the following requirements are met:
(1) The project satisfies the minimum size requirement and complies with
city standards;
(2) The proposed improvements fall within the description of sewer or water
facilities as those terms are described in RCW Chapter 35.91; and
(3) The proposed improvements are not constructed or currently under
construction.
(b) In the event all of the above criteria are not satisfied, the engineer may
recommend conditional approval as is deemed necessary in order for the
application to conform to such criteria, or shall recommend denial of the
application. The engineer's recommendations as to the reimbursement area,
Comment [JXK7]: Does this mean minimum
cost?
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method for calculating the reimbursement fee and other recommendations shall
be forwarded to the city council.
(c) The city council shall have final authority to grant or deny a request for a
recovery contract under this chapter. In reviewing a request for reimbursement
pursuant to this chapter, the city council may, in its sole discretion, agree to a
reimbursement agreement, or deny the same.
13.24.070 Notice to property owners.
At least twenty days prior to the execution of any contract establishing an
assessment reimbursement area, the engineer or their designee shall mail, via certified
mail, a notice to all recorded property owners within the reimbursement area as
determined by the city on the basis of information and materials supplied by the
applicant, stating the proposed preliminary boundaries of such area and fee along with
substantially the following statement:
The Arlington City Council is considering a request to establish a recovery
contract that may impact your property. As a property owner within the
Assessment Reimbursement Area whose preliminary boundaries are enclosed
with this notice, you or your heirs and assigns may be obligated to pay under
certain circumstances, a pro rata share of construction and contract
administration costs of a certain water or sewer improvement project. The
proposed amount of such pro rata share or assessment is also enclosed with this
notice. You, or your heirs and assigns, may have to pay such share, if any
development permits are issued to connect your property to said water or sewer
improvement within ( ___ ) years of the date a contract establishing such area is
recorded with the Snohomish County Auditor. After such contract is recorded it
shall be binding on all owners of record within the reimbursement area who are
not a party to the contract.
Dated, __________________________.
13.24.080 Determination of reimbursement area boundary and reimbursement fee.
The city council shall define the reimbursement area for all approved applications
based upon a determination of which parcels did not contribute to the original cost of the
sewer or water facilities for which the reimbursement agreement applies and which
connect to the sewer or water facilities constructed by the owner. A method for
determining the reimbursement fee shall be established so that each property will pay a
pro rata share of the recoverable costs of the improvements.
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13.24.090 Preliminary assessment reimbursement area Amendments.
If the preliminary determination of area boundaries and assessments is amended
so as to raise any assessment appearing thereon, or to include omitted property, a new
notice of area boundaries and assessments shall be given as in the case of an original
notice; provided that as to any property originally included in the preliminary
assessment area which assessment has not been raised, no objections shall be
considered by the council unless the objections were made in writing within twenty days
of the mailing of the notice required by AMC 13.24.070. The city council's ruling shall be
determinative and final.
13.24.100 Length of reimbursement provision.
No reimbursement agreement shall provide for reimbursement for a period longer
than fifteen years from the date of final acceptance of the improvements by the city.
13.24.110 Reimbursement agreement must be recorded.
(a) The city shall record the reimbursement agreement with the Snohomish
County auditor within thirty days of approval by the city. The applicant shall bear
the expense of recording the agreement. Said agreement shall be in a form
approved by the city.
(b) Within thirty days after receipt of evidence that the reimbursement agreement
has been recorded, the engineer shall record a notice of additional tax or
connection charge with the Snohomish County auditor's office as required by
RCW 65.08.170.
13.24.120 Application fees and costs.
The applicant for water or sewer reimbursement agreements shall reimburse the
city for the full administrative and professional costs of reviewing and processing such
application and of preparing the agreement. The fees and costs shall be established by
city resolution. The applicant shall reimburse the city for such costs before the
agreement is recorded.
13.24.130 Construction and acceptance of improvements recording of final fees.
(a) After the reimbursement agreement has been recorded, and all necessary
permits and approvals have been obtained, the applicant shall construct the
Comment [JXK8]: RCW says 20 years.
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improvements and, upon completion, request final inspection and acceptance of
the improvements by the city, subject to any required obligation to repair defects.
An appropriate bill of sale, easement and any other document needed to convey
the improvements to the city and to ensure right of access for maintenance and
replacement shall be provided, along with documentation of the actual costs of
the improvements and a certification by the applicant that all of such costs have
been paid, all of which shall be in a form acceptable to the city, before any
reimbursement shall be paid to the applicant.
(b) In the event that actual recoverable costs are less than the estimate used in
calculating the estimated fees by ten percent or more, the engineer shall
recalculate the fees reducing them accordingly and shall cause a revised list of
fees to be recorded with the county auditor. In the event the actual recoverable
costs exceed the estimate used in calculating the estimated fees, the recovery
shall be based on the estimate used.
13.24.140 Collection of reimbursement fees--No liability for failure to collect.
(a) Subsequent to the recording of a reimbursement agreement, the city shall
not during the term of a reimbursement agreement permit connection of any
property within the reimbursement area to any sewer or water facility constructed
pursuant to the reimbursement agreement, unless the share of the costs of such
facilities required by the recorded agreement is first paid to the city.
(b) Upon receipt of any reimbursement fees, the city shall deduct a six percent
administrative fee and remit the balance of the reimbursement fees to the party
entitled to the fees pursuant to the agreement. In the event that through error, the
city fails to collect a required reimbursement fee prior to approval of connection
to a sewer or water facility, the city shall make diligent efforts to collect such fee,
but shall under no circumstances be obligated to make payment to the party
entitled to reimbursement or in any other way be liable to such party, unless such
reimbursement fee has actually been paid to the city.
13.24.150 Disposition of undeliverable reimbursement fees.
In the event that, after reasonable effort, the party to which reimbursement fees
are to be paid pursuant to a reimbursement agreement cannot be located, and upon the
expiration of one hundred eighty days from the date fees were collected by the city, the
fees shall become the property of the city and shall be revenue to the city sewer and/or
water utility.
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Title 13
Chapter 13.28
STORMWATER UTILITY CODE
Sections:
13.28.010 Title.
13.28.015 Stormwater department established.
13.28.020 Purpose.
13.28.030 Territorial application.
13.28.040 Intent.
13.28.050 Definitions.
13.28.055 Applicability of the utility.
13.28.060 Authority of the utility.
13.28.070 Comprehensive stormwater plan.
13.28.075 Studies and basin plans.
13.28.080 Emergency plan.
13.28.090 Areas of special flood hazard.
13.28.100 Connections or modifications to the drainage system.
13.28.115 Facility ownership.
13.28.120 Permits – Approvals.
13.28.130 Engineering and design requirements.
13.28.135 Exceptions.
13.28.140 Installation responsibility.
13.28.150 Latecomer agreements.
13.28.160 Drainage easement requirements.
13.28.170 Construction requirements.
13.28.175 Construction and warranty inspections and tests.
13.28.185 Maintenance of drainage facilities.
13.28.195 Discharge of polluting matter.
13.28.220 Private facility inspections.
13.28.225 Illicit Discharge Detection and Elimination Program
13.28.250 Fees for permits/specific services.
13.28.270 Storm and surface water rates.
13.28.280 Violations – Penalties.
13.28.010 Title.
This chapter shall be known as the stormwater utility code and shall be referred to herein
as the “code.”
13.28.015 Stormwater department established.
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There is hereby created and established, pursuant to RCW Chapters 35A.80, a storm
and surface water utility to be known as the "Arlington Stormwater Utility." All references to the
“utility" in this chapter refer to the Arlington Stormwater Utility. The administrator of the utility
shall be designated by the city administrator. Any revenues collected by the utility shall be
separately accounted for and be used to provide for regulation, operations and maintenance,
improvements, debt service, education, and administration of the utility. The officers and other
employees shall consist of such personnel as deemed necessary for the efficient administration
of the department.
13.28.020 Purpose.
The purpose of this code is to:
(a) Provide for the planning, security, design, construction, use, maintenance, repair
and inspection of the public and private storm and surface water systems, and to protect
the life, health, and property of the general public;
(b) Establish programs consistent with federal and state regulations which assure the
quality of the water in such systems;
(c) Minimize water quality and quantity impacts causing degradation and sedimentation
of creeks, streams, ponds, lakes, and other water bodies;
(d) Preserve and enhance the suitability of waters for contact recreation, fish and
wildlife habitat, and aesthetics;
(e) Maintain and protect valuable groundwater quality, locations, and flow patterns
including points of recharge and discharge;
(f) Minimize the chance of flooding;
(g) Ensure the safety of public roads and rights-of-way;
(h) Decrease drainage related damage to public and private property; and
(i) Provide for the enforcement of the provisions of this code.
13.28.030 Territorial application.
(a) This code shall be in effect throughout the Utility Service Area as defined in AMC
13.28.050.
(b) Where the storm and surface water system crosses jurisdictional boundaries
through the physical interconnection of structures and conveyances, the utility shall
coordinate with neighboring jurisdictions to clarify roles and responsibilities in stormwater
management activities.
13.28.040 Intent.
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It is the specific intent of this code to:
(a) Enact an exercise of the police power of the City of Arlington to protect and preserve
the public health, safety and welfare; its provisions shall be liberally construed to
accomplish this purpose.
(b) Provide for and to promote the health, safety and welfare of the general public and
not to create or otherwise establish or designate any particular class or group of persons
who will or should be especially protected or benefitted.
(c) Place the obligation of compliance upon the owner/operator. Nothing contained in
this code is intended to be or shall be construed to create or form the basis for liability on
the part of the city of Arlington, its utility, officers, employees or agents, for any injury or
damage resulting from the failure of the owner or operator of any private system to
comply with the provisions of the code, or by reason or in consequence of any act or
omission in connection with the implementation or enforcement of this code by the city of
Arlington, its utility, officers, employees or agents.
13.28.050 Definitions.
The following words and phrases, when used in this code, shall have the following
meanings:
(a) “AMC” means Arlington Municipal Code.
(b) “As-built” means a final approved drawing of the actual installation of structures,
materials and equipment that meets the requirements specified in the most recent
edition of the Engineering Standards.
(c) “Best Management Practice” (BMP) means those physical, structural and/or
managerial practices that, when used individually or in combination, prevent or reduce
structural damage, soil erosion, and water pollution. BMPs include, but are not limited to,
structural solutions covered by the terms “best available technology” (BAT) and “all
known available and reasonable methods of treatment” (AKART).
(d) “City” means the city of Arlington, Washington unless otherwise specified.
(e) “Comprehensive Stormwater Plan” means the latest version of the city of Arlington
Comprehensive Stormwater Plan as adopted by the city council.
(f) “Conveyance system” means that part of the drainage system that conveys storm
and surface water, including pipes, storage facilities, catch basins, ditches, swales, and
stream courses.
(g) “Detention facility” means an above or below ground facility, such as a pond or
vault, that temporarily stores stormwater runoff and subsequently releases it at a slower
rate than it is collected by the drainage facility.
(h) “Director” means the director of the Arlington Public Works Department, or
designated representative.
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(i) “Drainage Connection Permit” means a permit which is required to connect to an
existing public drainage system, construct a new private drainage system, or modify an
existing private drainage system.
(j) “Drainage system”. See “storm and surface water system.”
(k) “Emergency” means any natural or human-caused event or set of circumstances
that disrupts or threatens to disrupt or endanger the operation, structural integrity or
safety of the drainage system; or endangers the health and safety of the public; or
aquatic inhabitants; or otherwise requires immediate action by the utility.
(l) “Engineering Standards” means the most recent edition of the City of Arlington
Public Works Design and Construction Standards and Specifications manual, which
include minimum requirements for the design and construction of storm and surface
water drainage facilities.
(m) “Equivalent Service Unit” (ESU) means the measure of impervious area to be used
by the utility in assessing service charges against a parcel of property. One ESU is equal
to six thousand square feet of impervious area.
(n) “Illicit Discharge” means any discharge to a municipal separate storm sewer that is
not composed entirely of stormwater, except discharges as allowed by this code.
(o) “Illicit Discharge Detection and Elimination (IDDE) program” means a program
designed to detect and eliminate illicit discharges through education, enforcement, or
other measures available to the utility under this code. The IDDE program is both
reactive and proactive. The program is reactive in addressing spills and other illicit
discharges to the stormwater drain systems that are found. The program is proactive in
preventing and eliminating illicit discharges through education, training and enforcement
(p) “Impervious area” means the hard surface area which prevents or retards the entry
of water into the soil mantle and/or causes water to run off the surface in greater
quantities or at an increased rate of flow from that present under natural conditions prior
to development. Common impervious surfaces include, but are not limited to, roof tops,
walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving,
gravel roads, packed earthen materials, and oiled macadam or other surfaces which
similarly impede the natural infiltration of surface and stormwater runoff. Open
retention/detention facilities and vegetated wetlands shall not be considered as
impervious surfaces for the purposes of this section when the area of open water was
incorporated in to the design. An area or property may be deemed impervious whether
or not the same is occupied or inhabited.
(q) “Maintenance Standards” means City of Arlington Stormwater Utility Maintenance
Standards which includes minimum requirements for maintaining drainage facilities so
they function as intended and provide water quality protection and flood control,
maintenance standards are identified or referenced in the Engineering Standards.
Maintenance of stormwater management systems located in critical areas buffers will be
required to follow an approved plan approved by the Natural Resources Manager.
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(r) “Maximum Extent Practicable or MEP” means the use of best management
practices that are technically and financially achievable, and are the technically sound
and financially responsible, non-numeric criteria (standard of compliance) applicable to
all municipal stormwater discharges through the implementation of “best management
practices.”
(s) “National Pollution Detection and Elimination System Phase II Municipal Stormwater
Permit” (NPDES II) means the permit first issued to the City by the Washington
Department of Ecology on February 16, 2007, and as may be subsequently revised and
reissued, and which contains federal and state conditions to which the Utility must
comply.
(t) “One Hundred (100) Year, Twenty Four (24) Hour Storm” means a storm with 24-
hour duration with a 0.01 probability of exceedance in any one year.
(u) “Operations and Maintenance Manual” means a document prepared by the owner
and/or operator of a private drainage system as part of the drainage connection permit
application or the stormwater credit application, approved by Utility reviewers, and
revised and included with the as-built submittal. The O&M Manual for a property(ies)
becomes the basis for evaluation during private drainage facility inspections.
(v) “Pollution” means the contamination or other alteration of the physical, chemical, or
biological properties of any natural waters including change in temperature, taste, color,
turbidity, or odor of the waters, or the discharge of any liquid, gaseous, solid, radioactive,
or other substance into any such waters as will, or is likely to, create a nuisance or
render such waters harmful, detrimental, or injurious to the public health, safety, or
welfare, or to domestic, commercial, industrial, agricultural, recreational, or other
legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life,
per RCW 90.48.20.
(w) “Procedure” means a procedure adopted by the utility, by and through the director,
to implement this code, or to carry out other responsibilities as may be required by this
code or other codes, ordinances, or resolutions of the City or other agencies.
(x) “Property owner” means any individual, company, partnership, joint venture,
corporation, association, society or group that owns or has a contractual interest in the
subject property or has been authorized by the owner to act on his/her behalf.
(y) “Private system or private drainage facility” means any element of a storm and
surface water system which is not a part of the public drainage system as defined in this
code.
(z) “Public storm and surface water system, or public drainage system” means those
elements of the storm and surface water system:
(1) Located on property owned by the City or in public right-of-way; or
(2) Located on property on which the City has an easement, license or other right
of use for utility purposes.
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(aa) “Redevelopment” means, on a currently developed site, the creation or addition of
impervious surfaces; structural development including construction, installation, or
expansion of a building or other structure; and/or replacement of impervious surface that
is not part of a routine maintenance activity; and land or vegetation disturbing activities
associated with structural or impervious development.
(bb) “Runoff control BMPs” means best management practices that are intended to
control or manage the rate and/or quantity of stormwater runoff.
(cc) “Service charge” means the monthly fee levied by the utility upon all real property
within the boundary of the utility as authorized herein.
(dd) “Source control BMPs” means best management practices that are intended to
prevent pollutants from entering storm and surface water.
(ee) “Storm and surface water system,” (also referred to as the drainage system), means
the entire system within the City, both public and private, naturally existing and
manmade, for the drainage, conveyance, detention, treatment or storage of storm and
surface waters. However, facilities directly associated with buildings or structures such
as foundation drains, rockery/retaining wall drains, gutters and downspouts or
groundwater are not considered parts of the storm and surface water system.
(ff) “Stormwater Credit Manual” a manual detailing procedures and requirements for
receiving credit against the monthly stormwater utility bill through education, proper
installation and maintenance of on-site, private stormwater systems. It is the City's intent
to encourage sound technical design and maintenance practices that reduce the
negative impact of development on the drainage system through a simple but effective
credit system.
(gg) “Stormwater Management Program” (SWMP) is a set of actions and activities which
constitute a work plan for meeting the conditions of the City’s NPDES II Stormwater
Discharge Permit and reduce our overall impact on the natural environment.
(hh) “Stormwater Manual” means the 2005 Washington Department of Ecology
Stormwater Management Manual for Western Washington, as hereby adopted.
(ii) “Stormwater manual administrator” is the Public Works Director or their designee.
This person acts on the City’s behalf to interpret matters associated with the Stormwater
Manual and to grant adjustments that are consistent with Stormwater Manual objectives.
(jj) “Stream” means any channels as defined in AMC 20.88.100. These include areas
where surface waters flow sufficiently to produce a defined channel, bed or swale where
flow may be perennial or intermittent. This definition is not meant to include ditches
constructed to convey: ephemeral stormwater flows; irrigation water; or other entirely
artificial watercourses unless they are used to convey certain streams naturally occurring
prior to construction.
(kk) “Unsafe condition” means any condition on any premises which is a hazard to public
health or safety that does or may impair or impede the operation or functioning of any
portion of the public drainage system or which may cause damage thereto.
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(ll) “Utility” means the stormwater utility, within the Utilities Division of the Public Works
Department of the City of Arlington.
(mm) “Utility Service Area” means that service area defined by the City of Arlington City
Limits and approved by the city council and as may be expanded through subsequent
inter-local agreements, annexations and special utility district assumptions.
13.28.055 Applicability of the Utility.
Any of the following actions or applications for any of the following permits and/or
approvals will require submittal for approval by the utility: site plans, design drawings, and
operation and maintenance plans. Submittals shall be consistent with the provisions of this
code, and shall comply with the Stormwater Manual and the Engineering Standards.
(a) Any modification of an existing drainage system;
(b) Creation of new or additional impervious surfaces;
(c) New development;
(d) Redevelopment that creates or alters impervious surfaces;
(e) Land disturbing activities, including construction, clearing, grubbing, grading, filling,
excavation or dewatering;
(f) Subdivision approval;
(g) Short subdivision approval;
(h) Commercial, industrial or multi-family site plan approval;
(i) Planned unit development or planned residential development;
(j) Development within or adjacent to critical areas; and
(k) Substantial development permit required under RCW 90.58 (Shoreline Management
Act).
13.28.060 Authority of the Utility.
The utility, by and through its director, or designee shall have the authority to:
(b) Develop, adopt and carry out procedures as needed to implement this code and to
carry out other responsibilities of the utility, including, but not limited to, procedures
pertaining to the billing and collection of monthly service charges and procedures for
periodic adjustment of fees and charges imposed pursuant to this code and rate
structure as defined in AMC 13.12.
(c) Prepare and update as needed Engineering Standards to establish minimum
requirements for the design and construction of drainage facilities and requirements for
protecting existing facilities during construction. The Engineering Standards shall be
consistent with this code and adopted city policies.
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(d) Administer and enforce this code and all procedures relating to the planning,
acquisition, security, design, construction, inspection and maintenance of new storm and
surface water facilities and relating to the regulation of storm and surface water system
alterations.
(e) Enter into any contract pursuant to Chapter 35.91 RCW, the Municipal Water and
Sewer Facilities Act, including contracts which provide for the reimbursement of owners
constructing facilities (latecomer agreements) and agreements with private property
owners.
(f) Prepare, update, administer and enforce as needed, maintenance standards to
establish minimum requirements for the maintenance of drainage facilities so they
function as intended, protect water quality and provide flood control.
(g) Develop and implement a program that includes administration, inspection,
education, and enforcement of private drainage facilities to ensure continued compliance
of drainage facilities with this code.
(h) Advise the city council, city administrator and other city departments and
commissions on matters relating to the utility.
(i) Prepare, revise as needed, recommend and implement a Comprehensive
Stormwater Plan for adoption by the city council. Prepare basin plans and other studies
that are approved in the utility’s adopted budget.
(j) Develop a Stormwater Management Program, as required by state and/or federal
agencies.
(k) Develop an Illicit Discharge Detection and Elimination program, as required by state
and/or federal agencies.
(l) Establish and implement programs to protect and maintain water quality and to
manage stormwater runoff within the storm and surface water system in order to
maintain compliance to the maximum extent practicable with applicable water quality
standards established by state and/or federal agencies as now or hereafter adopted.
(m) Perform or direct the performance of financial review and analysis of the utility’s
revenues, expenses, indebtedness, rates and accounting and recommend budgets,
rates and financial policy for adoption by the city council.
(n) Carry out such other responsibilities as required by this code or other city codes,
ordinances or regulations consistent with the Arlington comprehensive plan.
(o) Terminate utility service, including water and sewer service, to any utility customer
who is violating any provision of this code, to the extent permitted by law.
(p) Conduct public education programs related to protection and enhancement of the
drainage system.
(q) Develop an Underground Injection Control program to manage stormwater
infiltration systems, as required by state and/or federal agencies.
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13.28.070 Comprehensive Stormwater Plan.
A Comprehensive stormwater plan shall be developed by the utility for review and
adoption by the city council. The utility shall recommend supplements or updated plans for
adoption by the city council as needed.
13.28.075 Studies and basin plans.
The utility may, from time to time, conduct studies and develop basin plans. Plan
recommendations which impact development or land use regulations shall be reviewed and
approved by the Arlington Community Development Director, or their designee, prior to being
forwarded to city council for adoption. Upon adoption, such plan recommendations shall
supersede the requirements of this code; provided that the basin-specific requirements provide
an equal or greater level of water quality and runoff control protection.
13.28.080 Emergency plan.
The utility will prepare and update an emergency plan, as required by state law, as part
of the City’s emergency operation plan.
13.28.100 Connections or modifications to the drainage system.
Connections or modifications to any public or private drainage system, including
abandonment or removal of any structures, shall be allowed only if:
(a) All applicable requirements of this code have been met; and
(b) All applicable Engineering Standards have been met; and
(c) The property owner has paid all applicable fees and charges.
13.28.115 System ownership.
Utility ownership of stormwater facilities.
(a) The utility owns and maintains all elements of the stormwater drainage system in
the public right-of-way and in easements or tracts dedicated to and accepted by the
utility, except to the extent private ownership is otherwise indicated as a matter of
record.
(b) The utility may choose to accept ownership (or other property rights) and
maintenance responsibility for privately built drainage facilities when all of the following
conditions are met:
(1) Ownership of the facility by the utility would provide a public benefit; and
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(2) Necessary and appropriate property rights (easement) are offered by the
property owner at no cost to the utility; and
(3) Transfer of the facility is consistent with the land use permit issued by the city of
Arlington, and
(4) The facility meets Engineering Standards, as determined by the utility, or is
brought up to Engineering Standards by the owner; and
(5) There is access for utility maintenance in accordance with criteria provided in
the Engineering Standards; and
(6) The utility has adequate resources to maintain the facility; and
(7) In the case of runoff control facilities, the facility serves a residential subdivision
or short plat, rather than a commercial property; and
(8) The facility is transferred to the utility by bill of sale at no cost to the city.
(c) It is unlawful for any person, except City of Arlington personnel to tamper with any
portion of the city owned stormwater system.
13.28.120 Permits – Approvals.
Drainage Connection Permit.
(a) A drainage connection permit is required to connect to or modify the public drainage
system or modify a private drainage system,
(b) The property owner shall apply for a drainage connection permit whenever new
development or redevelopment involves any of the following:
(a)(1) Detention or other runoff control facilities; or
(b)(2) Runoff treatment facilities, other than spill control structures; or
(c)(3) Work on the public drainage system or within the right-of-way:
(d)(4) Culverts for driveways that can be covered under another permit such as a
grading or right-of-way permit; or
(e)(5) Ownership of newly constructed stormwater drainage systems within the
public right-of-way or in easements conveyed to the city shall be transferred to the
city through a bill of sale.
(f)(6) Work on private drainage systems that may or may not be covered under
another permit such as a building or grading permit.
(c) A drainage connection permit application must be made by the property owner or
their licensed and bonded contractor.
(d) Drainage connection permit issuance date will coincide with the Site/Civil Permit
approval date and shall expire 18 months from the date of issuance, or as otherwise
specified in the Engineering Standards.
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(e) The utility will accept constructed facilities as complete once the facilities have been
constructed according to the approved plans and specifications, as confirmed by utility
inspectors and as-built drawings along with a final O&M manual have been completed
as specified in the Engineering Standards; and all applicable fees and charges have
been paid.
(f) Contractors. Contractors shall be licensed in accordance with Washington State
requirements and shall be registered with the City of Arlington.
(g) The City Engineer, or their designee, shall administratively determine submittal
requirements for all permits pertaining to stormwater system design and construction.
(h) When an application for drainage connection, new drainage system, or drainage
modification is required, it shall be the property owner’s responsibility to design all
drainage facilities required to serve the property including, but not limited to, conveyance
systems, runoff treatment best management practices, detention facilities and other
system components, in accordance with Engineering Standards and the requirements of
this Code.
13.28.130 Engineering and design requirements.
•(a) Authorities. The stormwater engineering and design requirements of the city,
including but not limited to thresholds, definitions, minimum requirements, adjustment
and variance criteria, and exceptions to these requirements, shall be governed by the
2005 Department of Ecology Stormwater Manual, the City of Arlington Engineering
Standards, and all provisions of this code, including permits issued under 13.28.120, and
including differences identified elsewhere in 13.28.130. In the event of conflicts between
the various provisions, the most restrictive provision shall apply.
•(b) Divergence from the Stormwater Manual. Design, construction, maintenance,
and other requirements to be applied on projects within the City may differ from the
Stormwater Manual, and may be modified from time to time in order to meet regulatory
requirements or to take advantage of improved technology or advancements in Best
Available Science. All such requirements which differ from those of the Stormwater
Manual shall be clearly identified within the Engineering Standards.
•(c) Low Impact Development (LID). Nothing in this AMC 13.28 is intended to preclude the
use of non-structural preventative actions and source reduction approaches as
alternatives to the engineering and design requirements identified herein, and in the
Stormwater Manual and the Engineering Standards. These measures include LID
techniques which minimize the creation of impervious surfaces and the disturbance of
native soils and vegetation. The City’s LID code and procedures shall be specified in
AMC Title 20 – Land Use Code and in the City of Arlington Engineering Standards.
13.28.135 Exceptions.
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(1)(a) Where physical circumstances or conditions affecting the property, and where
the strict application of these provisions would deprive the applicant of all reasonable
economic use of the parcel of land in question, every effort shall be made to find
alternatives to meet the intent of the requirements of AMC 13.28.130.
(2)(b) Exception Process. Exceptions to the requirements of AMC 13.28 may be
granted by the Public Works Director, or their designee, provided that the exception
address all of the following criteria:
(1) The exception provides equivalent environmental protection; is in the public
interest; and the objectives of safety, function, environmental protection and facility
maintenance are fully met; and
(2) The granting of the exception will not be detrimental to the public health and
welfare and will not be injurious to other properties in the vicinity and/or downstream
of the proposal and/or to the quality of waters of the state; and
(3) The exception provides the least possible deviation from the requirements of
AMC 13.28.130..
13.28.140 Installation responsibility.
(a) Property Owner Installation. The property owner shall install all drainage facilities as
required by this code and in accordance with Engineering Standards.
(b) Costs. All installation costs are the property owner’s responsibility, except where:
(a)(1) If the utility requires a property owner to upsize a drainage facility, the
utility will compensate the property owner for the difference in material cost between
the normally sized facility and the upsized facility, based on the lowest of three bids
furnished by the property owner from reputable licensed contractors. Upsizing
means the difference between the City’s minimum design standards, as defined in
the Engineering Standards, and the required facility size.
(b)(2) An owner who constructs a public drainage system extension that directly
benefits a property in addition to the owner’s may request a latecomer agreement in
order to be reimbursed from benefitting properties that connect to the extension
during the agreement’s duration. See AMC 13.24 regarding latecomer agreements.
(c)(3) The city may choose to install drainage facilities to facilitate development,
coordinate with other city projects, or for other utility purposes.
13.28.150 Latecomer agreements.
See AMC 13.24 Utility Reimbursement Agreements.
13.28.160 Drainage easement requirements.
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(1)(a) An easement is required whenever public drainage facilities will be constructed
on private property or whenever private drainage facilities will be constructed on property
owned by a third party. Evidence of the easement between the applicant and third party
property owner shall be provided to the city.
(e) Requirements. All of the following requirements shall be met before the city will
accept and approve any easement:
(A)(1) Clear title in the grantor shall be demonstrated; and
(B)(2) The proposed easement shall be compatible with utility clearance
standards and setback standards and with other utilities or easements; and
(C)(3) The easement shall provide the city with access to the facility for repair
and maintenance; and
(D)(4) The easement shall prohibit all structures within the easement except
those which can readily be removed by the structure’s owner at the owner’s
expense when access to the drainage facility is required by the utility. If such
structures are within the easement area, an agreement to remove the structures on
request by the utility, approved by the city, shall be recorded; and
(E)(5) The easement shall prohibit all vegetation and landscaping that may inflict
damage on the utility, or that will impede the utility from performing necessary
maintenance, repair, or replacement work on the utility located within the easement.
The utility may request the land owners upon where the easement resides to
remove select vegetation and landscape. If the land owners upon where the
easement resides fail to comply with the request to remove vegetation and
landscaping, the utility may remove the landscaping with City employees or a
licensed contractor at the owner’s expense.
(F)(6) The easement dimensions and other requirements shall conform to the
Engineering Standards. The easement must be recorded prior to final approval of
the project.
(G)(7) New easements will not be granted through areas that already have a
Critical Area Protection Easement, or other areas already identified as vegetated
buffers.
(2)(b) Costs. The property owner shall pay all costs of providing or obtaining and
recording the easement.
(3)(c) Relinquishment of Easement. An easement granted to the utility may be
relinquished only if the utility determines it is no longer needed and the city council
authorizes the relinquishment.
13.28.170 Construction requirements.
(a) General. When constructing or modifying drainage facilities, compliance is required
with this code, the Engineering Standards, the approved Site/Civil Permit, plans and
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specifications, the terms of any drainage connection permit, the recommendations of the
manufacturer of the materials or equipment used, and any applicable local, state or
federal requirements.
(b) Safety Requirements. Utility staff will perform inspections only if shoring and other
site conditions conform to WISHA safety standards and other safety requirements, as
applicable.
(c) Failure to Complete Work or Meet Requirements.
(a)(1) The utility may complete public drainage facility construction begun by a
property owner or contractor, or take steps to restore the site (such as backfilling
trenches and restoring the public right of way) if the work does not meet utility
requirements, the contractor or person doing the work fails to rectify the problem
following notification by the utility, and the work, in the opinion of the utility,
constitutes a hazard to public safety, health or the drainage system.
(b)(2) Utility costs incurred pursuant to subsection (C)(1) of this section shall be
calculated pursuant to AMC 13.28.170 and charged to the owner or contractor in
charge of such work. The permittee shall pay the utility immediately after written
notification is delivered to the responsible parties or is posted at the location of the
work. Such costs shall constitute a civil debt owed to the utility jointly and severally
by such persons who have been given notice as herein provided. The debt shall be
collectable in the same manner as any other civil debt owing the utility. In addition, if
an assurance device was collected for the project, the City may collect the debt from
the assurance device.
(c)(3) If in the opinion of the director, the work being performed is not in
accordance with these codes or the Engineering Standards and the permittee is
unwilling to change or correct the deficiencies, the director may issue a stop work
order until the deficiencies are corrected.
(d) Authorized Drainage Construction. Only the following persons are authorized to
install drainage facilities:
(a)(1) Contractors licensed in accordance with AMC 13.28.120(f).
(b)(2) Property owners working on their own property.
(a)(e) Posting of Drainage Connection Permit. If a drainage connection permit is
required for the work, the permit shall be readily available at the job site to utility
inspectors.
(b)(f) Location of Connection. Connection to the drainage system shall be made at a
point approved by the utility.
(c)(g) As-Built Drawings and O&M Manaul. An as-built plan shall be completed
according to the requirements in the Engineering Standards prior to the city’s
acceptance of the improvements or final approval by the utility inspectors. A final O&M
manual shall be submitted that reflects any changes to the drainage system between
permitting and final construction approval.
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13.28.175 Construction and warranty inspections and tests.
(A)(a) Construction/Installation Inspection. All projects involving construction of new
drainage facilities, or connection or modification to existing drainage facilities are subject
to utility inspection to ensure compliance with the code, Engineering Standards, and
permit/approval conditions. As a condition of permit issuance, the applicant shall consent
to inspection and testing.
(B)(b) Warranty Inspections and Tests. Public facilities and equipment accepted by the
utility under specific warranties may be re-inspected at the utility’s discretion and, if
necessary, retested prior to the expiration of the warranty period.
13.28.185 Maintenance of drainage facilities.
(a) Maintenance Responsibility.
(a)(1) The utility is responsible for maintaining, repairing, and replacing public
drainage facilities.
(b)(2) Owners of private drainage facilities, including but not limited to detention
facilities, runoff treatment facilities and conveyance facilities, are responsible for the
operation, maintenance, repair, and replacement of those facilities.
(c)(3) In new subdivisions and short plats, maintenance responsibility for private
drainage facilities shall be specified on the recorded subdivision or short plat.
(d)(4) If a private drainage facility serves multiple lots and the responsibility for
maintenance has not been specified on the subdivision plat, short plat or other legal
document, maintenance responsibility shall rest with the homeowners association, if
one exists, or otherwise with the properties served by the facility, or finally, with the
owners of the property on which the facilities are located.
(b) Maintenance and Inspection Standards. Drainage facilities shall be maintained so
that they operate as intended. Stormwater maintenance standards shall be in
accordance with the Stormwater Manual, the Engineering Standards, and in accordance
with the operation and maintenance plan (O&M manual) approved for the drainage
facility operation and maintenance plan.
13.28.195 Discharge of polluting matter.
(a) Discharge of Polluting Matter Prohibited. No person shall discharge, either directly
or indirectly, any organic or inorganic matter into the storm and surface water system
that may cause or tend to cause water pollution, including, but not limited to, the
following:
(a)(1) Petroleum products including but not limited to oil, gasoline, grease, fuel
oil and heating oil;
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(b)(2) Trash or debris;
(c)(3) Pet wastes;
(d)(4) Chemicals;
(e)(5) Paints;
(f)(6) Steam cleaning wastes;
(g)(7) Washing of fresh concrete for cleaning and/or finishing purposes or to
expose aggregates;
(h)(8) Wash water runoff from pavements and building exteriors;
(i)(9) Laundry wastes;
(j)(10) Soaps and detergents;
(k)(11) Pesticides, herbicides, or fertilizers;
(l)(12) Sanitary sewage;
(m)(13) Heated water;
(n)(14) Chlorinated water or chlorine;
(o)(15) Degreasers and/or solvents;
(p)(16) Bark and other fibrous material;
(q)(17) Antifreeze or other automotive products;
(r)(18) Lawn clippings, leaves, or branches;
(s)(19) Non-native invasive plants or seeds
(t)(20) Animal carcasses or aquarium pets;
(u)(21) Sediment;
(v)(22) Acids or alkalis;
(w)(23) Recreational vehicle wastes;
(x)(24) Dyes (without prior permission of the drainage utility);
(y)(25) Construction materials;
(z)(26) Food waste;
(aa)(27) Lawn watering and other irrigation runoff;
(bb)(28) Swimming pool discharges;
(cc)(29) Runoff from dust control efforts
(b) Swimming pool discharges shall be allowed where discharges are de-chlorinated to
a concentration of 0.1 ppm, pH-adjusted and re-oxygenated, if necessary, and
volumetrically and velocity controlled to prevent re-suspension of sediments in the
stormwater system.
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(c) Pavement Washing Prohibited. In addition to the prohibitions of subsection (a) of
this section, washing of public or private streets and parking areas is not permitted
unless all of the following conditions are met:
(a)(1) No other feasible alternative exists to remove the undesirable material;
and
(b)(2) Prior written approval is obtained from the director; and
(c)(3) Facilities are provided to collect and treat the wash water runoff and
affected drainage facilities are cleaned.
(d) Discharge of Pollutants – Liability for Expenses Incurred by the Utility. Any person
responsible for pollutant discharge into the storm and surface water system who fails to
immediately collect, remove, contain, treat or disperse such pollutant materials at the
director’s request shall be responsible for the necessary expenses incurred by the City in
carrying out any pollutant abatement procedures, including the collection, removal,
containment, treatment or disposal of such materials.
(e) Source Control BMPs. To prevent discharge of polluting matter into the storm and
surface water system, source controls shall be applied in accordance with the
Maintenance Standards for public and private systems as per AMC 13.28.185(b).
13.28.220 Private facility inspections.
(1)(a) Inspection Program. As required by the NPDES II permit, the director is
authorized to develop and implement an inspection program for new and existing private
drainage facilities within the City.
(2)(b) Right of Entry. An authorized representative of the City may enter private
property at all reasonable times to conduct inspections, tests or to carry out other duties
imposed by the code, provided the utility shall first attempt to notify the property owner or
person responsible for the premises. If entry is refused or cannot be obtained, the
director shall have recourse to every remedy provided by law to secure entry.
13.28.225 Illicit Discharge Detection and Elimination (IDDE) and Emergency Conditions
1.(a) IDDE Inspection Program. As required by the National Pollution Discharge
Elimination System, Phase 2 permit, the director is authorized to develop and implement
an IDDE program specifically designed to detect and eliminate illicit discharges.
1.(b) Right of Entry. Upon detection or verifiable reporting of an illicit discharge, an
authorized representative of the utility may enter private property at all reasonable times
to conduct inspections, tests or to carry out other duties imposed by the code, provided
the utility shall first attempt to notify the property owner or person responsible for the
premises. If entry is refused or cannot be obtained, the director shall have recourse to
every remedy provided by law to secure entry.
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1.(c) Emergency Conditions. Notwithstanding any other provisions of this code,
whenever it appears to the director, or an authorized representative of the utility, that
conditions regulated by this code exist and require immediate action to protect the public
health, safety, or public resources, the director is authorized, to the extent permitted by
law, to enter at all reasonable times in or upon any property, public or private, for the
purpose of inspecting and investigating such emergency conditions. The director may
without prior notice order the immediate discontinuance of any activity leading to the
emergency condition. Failure to comply with such order shall constitute a civil violation
pursuant to AMC 11.01.090.
13.28.250 Fees for permits/specific services.
(a) General.
(a)(1) The director shall develop for city council review and adoption a schedule
of fees and charges for all permits and other specific services provided by the utility,
including:
(a)(A) Drainage connection permits;
(b)(B) Site investigations beyond typical operations and maintenance that may
be required by system blockages, water pollution, and other extenuating
circumstances;
(c)(C) Disconnection charge for unauthorized connections;
(b)(2) The fees referenced in this section are in addition to applicable
stormwater rates.
(b) Fee Schedule. The director shall adjust the schedule of fees and charges without
further city council action to the extent necessary to reflect actual changes in the utility’s
cost of providing the service.
13.28.270 Storm and surface water rates.
•(a) General. The city council shall establish service rates within AMC 13.12 for the
operation and maintenance of the drainage system, for related drainage services, and
for the operation of the Stormwater Utility. Shall establish classifications of customers or
service and rate structures, using any method or methods authorized by law.
•(b) Rate Basis. Drainage rates shall be based on revenue requirements necessary to
cover all costs of the utility, as authorized by the city council, the adoption of the annual
budget and subsequent amendments and shall be guided by adopted financial policies
and bond covenants.
•(c) Rate Adjustments. Rates shall be evaluated periodically as part of the review and
adoption of the annual budget. Rate adjustments shall be recommended by the director
as needed to meet revenue requirements of the utility. The recommendation shall
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consider equity, adequacy, costs, NPDES requirements and other factors allowed by
law.
•(d) BRate Relief. The city council may establish drainage rate relief measures, as
authorized by state law and as detailed in the Stormwater Credit Manual, for specific
customer classes where, through site design, regular system maintenance, education
and other approaches, the impacts of stormwater on the drainage system are reduced.
13.28.280 Violations – Penalties.
•(a) Voluntary correction. In the event a property owner or contractor violates any of the
provisions of this code, the Stormwater Manual, or the Engineering Standards, City staff
shall work with the violator to voluntarily correct the situation and comply with these
conditions. Education and cooperative problem solving shall govern the city’s response
during this period,
•(b) Civil Violation. Any violation of any of the provisions of this code constitutes a civil
violation as provided for in the AMC Chapter 11, for which a monetary penalty may be
assessed and abatement may be required as provided therein. The city shall seek
compliance through the civil violations code if compliance is not achieved through this
code.
•(c) Destruction of Notice. It shall be unlawful for any person to remove, mutilate,
destroy, or conceal any notice issued and posted by the director pursuant to this code.
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Chapter 13.32 CROSS-CONNECTION CONTROL
Sections:
13.32.010 Title.
13.32.020 Documents adopted by reference.
13.32.030 Purpose.
13.32.040 Scope.
13.32.050 Administration and enforcement, rules and regulations.
13.32.060 Administration and enforcement--Official authority.
13.32.070 Interpretation.
13.32.080 Cross-connection prohibited.
13.32.090 Backflow prevention assemblies.
13.32.100 Compliance required.
13.32.110 Liability limitations.
13.32.010 Title.
This chapter shall be known as the Cross-Connection Control Code for the city of
Arlington.
13.32.020 Documents adopted by reference.
The following documents are incorporated by reference as part of the city of Arlington
Cross-Connection Control Code:
(1a) Washington Administrative Code (WAC) Chapter 246-290 rules and regulations pertaining
to Group A Public Water Systems as defined therein;
(2b) The city of Arlington standards for cross-connection control requirements and the current
city of Arlington public works construction standardsThe current City of Arlington Public Works
Design and Construction Standards and Specifications (Engineering Standards);
(3c) The most current edition of the Cross-Connection Control Manual, Accepted Procedure
and Practice, as published by American Water Works Association, Pacific Northwest Section;
(4d) The city of Arlington Plumbing Code, Chapter 16.36 of this code;
(e) University of Southern Californnia’s Manual of Cross-Connection Control, “List of Approved
Backflow Assemblies”..
13.32.030 Purpose.
The purpose of this chapter is to protect the city of Arlington municipal water supply
from contamination or pollution from potential and actual cross-connections. In addition, the
purpose of this chapter is to promote the elimination or control of existing cross-connections,
and assure that approved backflow assemblies are tested at least annually.
13.32.040 Scope.
This chapter applies to every premises, whether existing or under construction, located
within the water service area of the city of Arlington and seeking to connect, or already
connected, to the city of Arlington water system. The owners and occupants of all premises
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served by the city's water distribution system shall comply with this chapter as a condition to
receiving water service, whether inside or outside of the city limits. It applies to all systems
installed before or after its enactment. Every owner and occupant of any premises covered by
this chapter is responsible for compliance with its terms and shall be strictly liable for all
damage incurred as a result of failure to comply with the express terms and provisions
contained herein.
13.32.050 Administration and enforcement, rules and regulations.
The city council may, upon notice and hearing, promulgate, adopt and issue those
additional rules and regulations necessary for the effective and efficient administration of this
code.
13.32.060 Administration and enforcement--Official authority.
(a) The city shall have the authority to enforce the cross-connection control requirements
specified by this chapter, WAC 246-290, and the implementation of a cross-connection program
that relies on premises isolation as defined in WAC 246-290-010.
(b) All new buildings or developments within the city of Arlington water service area, both
inside and outside the city limits, shall be required to follow the cross-connection control
requirements specified herein.
(c) The city shall be responsible for the administration of cross-connection control for in-
premises protection defined in WAC 246-290-010. The most current edition of the city of
Arlington Plumbing Code as adopted by ordinance shall be administered and enforced by the
city building official, or his/her designee for the purpose of cross-connection control.
(d) Where provisions relative to cross-connection control are regulated by other municipal or
governmental agencies, the city of Arlington shall, when applicable or necessary, enter into an
interlocal cooperative agreement with such agencies for the administration, inspection and
enforcement of cross-connection controls pursuant to this chapter.
13.32.070 Interpretation.
This chapter applies to connections between the public water system and the
customer's private water service (plumbing system). Nothing in this chapter is intended to, or
should be interpreted as a replacement for any provisions of the city of Arlington adopted
plumbing code. These cross-connection provisions stand alone as the standards for connection
and continuation of public water service. The regulations set out in this chapter are to be
reasonably interpreted. It is the intent of the regulations to recognize the varying degrees of
hazard and to apply the principal that is commensurate with the degree of hazard. Any
interpretation of this document regarding scope, intent, and degree of hazard or type of
protection required, will be subject to approval by the city's certified cross-connection control
specialist. All requirements shall be in accordance with Washington State Department of Health
drinking water regulations and guidelines.
13.32.080 Cross-connection prohibited.
The installation or maintenance of a cross-connection which could endanger the city of
Arlington public water system is unlawful. Failure on the part of any service customer to
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eliminate or control such cross-connection shall be sufficient cause for the termination of the
water service to the premises on which the cross-connection exists. The water service shall not
be resumed until the appropriate assembly is installed or the cross-connection is removed. The
City’s cross-connection control specialist shall inspect the premises before the water service is
reestablished.
13.32.090 Backflow prevention assemblies.
To ensure proper operation and accessibility of all backflow prevention assemblies, the
following requirements shall apply:
(1a) All assemblies installed shall be a model approved by the Department of Health and shall
appear on the most recent List of Approved Backflow Assemblies. All backflow assemblies shall
be installed per the city of Arlington standards for cross-connection control
requirementsEngineering Standards at a location and in a manner approved by the cross-
connection control specialist and at no expense to the city. Testing, repair or replacement of
defective backflow prevention assemblies shall be the responsibility of the service customer.
Initial installation, tests or repairs shall be made in the presence of the cross-connection control
specialist and performed by a certified backflow assembly tester (BAT) possessing all required
specialty licenses.
(2b) All new commercial and industrial facilities, residential, developments, or any types of
uses, connecting to the city of Arlington public water system shall be required to install
backflow assembly commensurate to their degree of hazard for premise isolation as assessed
by the cross-connection control specialist at the service location. When premise isolation is
installed at an alternate location, it must be acceptable to the purveyor. The purveyor shall
ensure that there are no connections between the point of delivery from the public water
system and the approved backflow assembly.
13.32.100 Compliance required.
(a) All premises inside or outside city limits connecting to the city of Arlington public water
system shall properly disconnect and decommission all auxiliary water sources per Washington
State Department of Ecology standards.
(b) The operation of any private water system supplied by the city's public water system shall
conform to Washington State Department of Health rules and regulations and to the city of
Arlington cross-connection control requirements.
13.32.110 Liability limitations.
Nothing contained in this chapter, in WAC 246-290, or the city of Arlington cross-
connection control requirements is intended to be, nor shall be, construed to create or form
the basis for any liability on the part of the city or its officers, employees or agents, for any
injury or damage resulting from the failure of any premises to comply with any requirement
from this chapter.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Information #1
ATTACHMENT M
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT:
Informational item concerning the increasing
costs & contractual violations for the Everett
Animal Shelter
DEPARTMENT OF ORIGIN:
Police
Robert Sullenberger, 360-403-3400
ATTACHMENTS:
Everett Animal Shelter Study
EXPENDITURES REQUESTED:
BUDGET CATEGORY: Police – Animal Contract
LEGAL REVIEW: N/A
DESCRIPTION:
Informational item to discuss contractual variants causing significant cost overruns and
insufficient controls on rate increases.
HISTORY:
Since 2006 the City of Arlington has had a contractual relationship with the Everett Animal
Shelter to house all stray animals recovered within the City of Arlington.
ALTERNATIVES:
Housing and care of stray animals would be handled by the Skagit Valley Animal Shelter.
RECOMMENDED ACTION:
No action at this time.
2009 #
Surrender
#
Stray Total Cost
Surrender
Cost
Stray
Total
Cost
Jan 13 3 16 1,352.00$ 312.00$ 1,664.00$ 7.2% rate increase; $97 - $104
Feb 4 6 10 416.00$ 624.00$ 1,040.00$
Mar 2 5 7 208.00$ 520.00$ 728.00$
Apr 3 4 7 435.00$ 580.00$ 1,015.00$ 39.4% rate increase; $104 - $145
May 3 4 7 435.00$ 580.00$ 1,015.00$
Jun 1 8 9 145.00$ 1,160.00$ 1,305.00$
Jul 5 10 15 725.00$ 1,450.00$ 2,175.00$
Aug 13 18 31 1,885.00$ 2,610.00$ 4,495.00$
Sep 6 7 13 870.00$ 1,015.00$ 1,885.00$
Oct 7 7 14 1,015.00$ 1,015.00$ 2,030.00$
Nov 21 1 22 3,045.00$ 145.00$ 3,190.00$
Dec 9 2 11 1,305.00$ 290.00$ 1,595.00$
87 75 162 11,836.00$ 10,301.00$ 22,137.00$ 40.9% actual annual increase
% 53.7% 46.3%
2010
Jan 7 4 11 1,148.00$ 656.00$ 1,804.00$ 13.1% increase; $145 - $164
Per Interlocal Agreement, dated November 2006;
I. Scope of Services (A)Everett [Animal Shelter] shall provide the services described herein for stray*
animals delivered to Everett’s Animal Shelter by an officer, designee, or resident of Arlington. In
consideration of Everett providing such services, Arlington agrees to comply with the provisions of this
Agreement. *Stray - a domestic animal that is wandering at large or is lost.Merriam-Webster
Dictionary
Jan 7 4 11 1,148.00$ 656.00$ 1,804.00$ 13.1% increase; $145 - $164
Feb 4 7 11 656.00$ 1,148.00$ 1,804.00$
Mar 0 -$ -$ -$
11 11 22 1,804.00$ 1,804.00$ 3,608.00$
% 50.0% 50.0%
Jan 97.00$ Jan 104.00$ Jan 164.00$
Feb 97.00$ Feb 104.00$ Feb 164.00$
Mar 97.00$ Mar 104.00$ Mar 164.00$
Apr 97.00$ Apr 145.00$ Apr 228.00$
May 97.00$ May 145.00$ May 228.00$
Jun 97.00$ Jun 145.00$ Jun 228.00$
Jul 97.00$ Jul 145.00$ Jul 228.00$
Aug 97.00$ Aug 145.00$ Aug 228.00$
Sep 97.00$ Sep 145.00$ Sep 228.00$
Oct 97.00$ Oct 145.00$ Oct 228.00$
Nov 97.00$ Nov 145.00$ Nov 228.00$
Dec 97.00$ Dec 145.00$ Dec 228.00$
2008 2009 2010
2010 Estimated Annual Expenditure - $34,824.00
Historical Rates per Animal
City of Arlington
Council Agenda Bill
AGENDA ITEM:
Information #2
ATTACHMENT N
COUNCIL MEETING DATE:
April 19, 2010
SUBJECT:
First Quarter Financial Report
DEPARTMENT OF ORIGIN:
Finance
ATTACHMENTS:
First Quarter 2010 Report From Finance
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
N/A
DESCRIPTION:
Review of first quarter financial data
HISTORY:
COMMITTEE REVIEW AND ACTION:
None
ALTERNATIVES:
RECOMMENDED MOTION:
None