HomeMy WebLinkAbout12-12-2011_Council Workshop Packet
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CALL TO ORDER / PLEDGE OF ALLEGIANCE/ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN
1. (5 min) Cascade Valley Hospital Utility Easement Dedication ATTACHMENT A
2. (5 min) COA-ASD Amendment to the 2002 Settlement Agreement &
ROW Acceptance from ASD for 186th St NE
ATTACHMENT B
3. (5 min) Presentation on PARC Recommended Blow Wall for 67th Ave,
Phase 3 Project
ATTACHMENT C
4. (5 min) Interlocal with Dawson’s Place for Child Interview Specialist ATTACHMENT D
5. (5 min) Fifth Amendment to Interlocal Agreement for Municipal Court
Services with Marysville
ATTACHMENT E
6. (10 min) Graafstra Annexation – Development Agreement ATTACHMENT F
7. (5 min) Review 2011 Budget Amendments ATTACHMENT G
8. (30 min) 2012 Budget Workshop ATTACHMENT H
9. Miscellaneous Council Items
ADJOURNMENT
To open all attachments, click here
Arlington City Council Workshop
December 12, 2011 – 7 PM
City Council Chambers ~ 110 E. Third
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #1
ATTACHMENT A
COUNCIL WORKSHOP DATE:
December 12 , 2011
SUBJECT:
Acceptance of Cascade Valley Hospital Utility
Easements
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
ATTACHMENTS:
• Utility Easement Exhibit Map
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending Final Review by City Attorney
DESCRIPTION:
Acceptance of new Utility Easements that are associated with the Cascade Valley Hospital
Remodel and Expansion
HISTORY:
The recent remodel and expansion at Cascade Valley Hospital upgraded several City owned and
operated utility services; as such, Utility Easements have to be dedicated to the City in order to
perform necessary maintenance and repairs.
ALTERNATIVES:
• Remand to Staff for Additional Information
• Table pending further discussion
RECOMMENDED ACTION:
No action requested at this time – Council will be asked to approve the acceptance of the Utility
Easements at the December 19th Council Meeting.
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Sewer Line Easement
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Maps and GIS data are distribute d “AS-IS” without wa rranties of any kin d, e ither exp ress or implied,including but not limited to warranties of suitability for a particular purpos e or use . Map data are compiled from a va riety of so urces which ma y con tain errors an d users who rely upon the information do so at their own risk. Users agree to indemnify, defe nd, and hold harmles s the City of Arlington for any a nd all liability of any na ture arising out of or re sulting from the lac k of accuracy or correctness of the data, or the use of the data presented in the ma ps.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #2
ATTACHMENT B
COUNCIL WORKSHOP DATE:
December 12 , 2011
SUBJECT:
Amendment to City of Arlington and Arlington
School District Settlement Agreement Regarding
Traffic Mitigation Fees
DEPARTMENT OF ORIGIN:
Public Works – Utilities Division
ATTACHMENTS:
• Amendment to City of Arlington and Arlington School District Settlement Agreement
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Pending Final Review by City Attorney
DESCRIPTION –
Amendment to COA-ASD 2002 Settlement Agreement that obligates expenditures of fees for specific
school district transportation improvement purpose and defers expenditure requirement to 2021.
HISTORY:
The City of Arlington (COA) and the Arlington School District (ASD) entered into an agreement on May 28,
2002 whereby ASD released claims and agreed not to sue COA for the return of traffic mitigation fees
associated with the Arlington High School Land Use Permit, provided that the COA agreed to expend the
traffic mitigation fees for the construction of a pedestrian overpass. This agreement was extended on January
14, 2008 to allow additional time for the construction of the overpass.
The cost of the pedestrian overpass has grown so large that it is apparent that the mitigation funds cannot cover
the cost of the overpass and that obtaining additional funding, grant or otherwise, is very unlikely. As such,
ASD and COA have agreed extend the expenditure date to 2021 and obligate the funds for transportation and
safety improvement projects in the vicinity of the Arlington High School, including construction of the
District’s portion of ¾ street improvements for 186th St. NE frontage.
ALTERNATIVES:
• Remand to Staff for Additional Information
• Table pending further discussion
RECOMMENDED ACTION:
No action requested at this time – Council will be asked to approve and authorize the mayor to sign
the amendment to City of Arlington and Arlington School District 2002 Settlement Agreement
regarding traffic mitigation fees at the December 19th Council Meeting.
AGREEMENT AMENDING
SETTLEMENT AGREEMENT 1
(27-287/sjp)
AGREEMENT AMENDING SETTLEMENT AGREEMENT
The parties to this agreement are the CITY OF ARLINGTON, WASHINGTON, a
municipal corporation of the state of Washington (hereinafter "CITY"), and ARLINGTON
SCHOOL DISTRICT NO. 16, a municipal corporation of the state of Washington (hereinafter
"the District").
RECITALS
WHEREAS, both parties are parties to a settlement agreement dated May 28, 2002
entitled “SETTLEMENT AGREEMENT, RELEASE OF ALL CLAIMS, COVENANT NOT
TO SUE, AND HOLD HARMLESS AGREEMENT” (hereafter “the settlement agreement”)
arising out of the settlement of a lawsuit filed under Snohomish County Superior Court case #02-
2-04674-4;
WHEREAS, the parties amended the settlement agreement by agreement dated January
14, 2008, to allow additional time for the construction of the overpass, which is now
acknowledged to be unlikely to occur due to time and funding constraints;
WHEREAS, the settlement agreement, the January 14, 2008 amendment to the settlement
agreement, and the terms set forth herein are collectively referred to herein as the "Agreement";
and
WHEREAS, the parties wish to amend the Agreement and continue to work together to
assure that the funds paid in settlement, presently totaling $366,186.67 including interest, and
other funds paid for trip generation fees for Pioneer Elementary School, presently totaling
$115,095.19 with interest, are applied to transportation and safety improvement projects in the
vicinity of the Arlington High School, including construction of the District’s portion of ¾ street
improvements for 186th St. NE frontage;
NOW, THEREFORE, the parties do agree, as follows:
1. The funds currently held by the City in the sum of $481,281.86, shall continue to
be held by the City until expended for construction of the District’s portion of ¾ street
improvements for 186th St. NE frontage as provided by Permit No. MJ-01-017 or other
transportation and safety improvement projects in the vicinity of the Arlington High School
mutually agreed upon by the City and the District. The City and the District shall cooperate and
act jointly and in good faith to develop an interlocal agreement for the financing, design and
construction of such transportation and safety improvement projects serving the school site. If
any of these funds are not expended or encumbered by the City on or before December 31, 2021,
the remaining funds shall be transferred to the City's Transportation Improvement Fund and may
AGREEMENT AMENDING
SETTLEMENT AGREEMENT 2
(27-287/sjp)
be expended or encumbered for any project listed in the City's then-adopted Transportation
Improvement Plan. The District expressly waives any refund rights or claims to such fees if
expended, encumbered or transferred upon expiration of such term in accordance with this
Agreement.
2. The parties agree that in lieu of the construction of a pedestrian overpass as
originally contemplated by the parties, the City shall use the funds for any transportation and
safety improvement project in the vicinity of the Arlington High School. .
3. The invalidity or unenforceability of any portion or provision of this Agreement
shall in no way affect the validity or enforceability of any other portion or provision hereof. Any
invalid or unenforceable portion or provision shall be deemed severed from this Agreement, and
the balance of the Agreement shall be construed and enforced as if the Agreement did not
contain such invalid or unenforceable provision. If any such provision of this Agreement is so
declared invalid, the parties shall promptly negotiate in good faith new provisions to eliminate
such invalidity and to restore this Agreement as near as possible to its original intent and effect.
4. All other elements of the Agreement not modified by this amendment shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by their official representatives this ____ day of December, 2011.
CITY OF ARLINGTON ARLINGTON SCHOOL DISTRICT NO. 16
________________________ ________________________________
Margaret Larson, Mayor Jeff Huleatt, Board President
ATTEST:
________________________
Kristin Banfield, City Clerk
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #3
ATTACHMENT C
COUNCIL WORKSHOP DATE:
December 12 , 2011
SUBJECT:
67th Ave Phase III Update – Retaining Wall
DEPARTMENT OF ORIGIN:
Public Works – Eric Scott
ATTACHMENTS:
• None, display at meeting
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: N/A
DESCRIPTION –
Recommendation of selected retaining wall block style and color for the 67th Ave, Phase 3 project.
HISTORY:
City staff has been engaged in the design of 67th Ave Phase 3 roadway improvement project. This
project spans between 204th St and Lebanon and will replace the existing concrete retaining wall
with a segmental block retaining wall. There will be a total of approximately 1,500 lineal feet of
retaining wall installed along the east side of 67th Ave, a large architectural feature of this road
project that will have an impact on the southern entrance into the historic Arlington area.
As directed by Council, City staff has worked with the Arlington Parks, Arts, and Recreation
Commission (PARC) and a local architect to evaluate several styles and colors for a new 1,500 LF
retaining wall. After much discussion, the PARC recommended that the 67th Ave, Phase 3 project
use the Allen Block, Europa Collection series.
This project recently received a grant from TIB in the amount of $6,049,731 and will start
construction in 2012.
ALTERNATIVES:
• N/A
RECOMMENDED ACTION:
Informational only - no action requested.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #4
ATTACHMENT D
COUNCIL MEETING DATE:
December 19, 2011
SUBJECT:
Professional Services Agreement with
Snohomish County Child Advocacy Center
d/b/a Dawson Place
DEPARTMENT OF ORIGIN:
Police – Nelson Beazley
ATTACHMENTS:
-Proposed Resolution
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Reviewed by City Attorney
DESCRIPTION:
A contractual agreement between the City of Arlington and the Snohomish County Child
Advocacy Center d/b/a Dawson Place for professional Child Interview Specialist services.
HISTORY:
Dawson Place Child Advocacy Center is a multi disciplinary center that provides a coordinated
network of intervention and education services for the treatment of child physical and sexual
abuse. The center provides a coordinated approach to the investigation, prosecution, and
treatment of child physical and sexual abuse in a child-centered environment. One component
of this multi disciplinary process is the utilization of a professional Child Interview Specialist to
facilitate investigations of child abuse and other crimes wherein children are victims or
witnesses. This service has previously been funded by Snohomish County and the City of
Everett but due to budgetary constraints these services now require financial support of all end
users on a proportional basis.
ALTERNATIVES:
-Bring back for additional discussion at a later date
RECOMMENDED ACTION:
No action requested at this time. This item will come before the Council at the December 19,
2011 meeting.
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PROFESSIONAL SERVICES AGREEMENT FOR CHILD INTERVIEW SPECIALIST
SERVICES
This Professional Services Agreement For Child Interview Specialist Services (this
“Agreement”) is made and entered into as of this _______ day of _________________, 2011,
by and among Snohomish County Child Advocacy Center d/b/a Dawson Place, a duly registered
Washington non-profit corporation (“DAWSON PLACE”) and Snohomish County, a political
subdivision of the State of Washington, the City of Arlington, a municipal corporation of the
State of Washington, the City of Bothell, a municipal corporation of the State of Washington, the
City of Lake Stevens, a municipal corporation of the State of Washington, the City of Lynnwood,
a municipal corporation of the State of Washington, the City of Marysville, a municipal
corporation of the State of Washington, the City of Granite Falls, a municipal corporation of the
State of Washington, the City of Edmonds, a municipal corporation of the State of Washington,
the City of Mill Creek, a municipal corporation of the State of Washington, the City of Everett, a
municipal corporation of the State of Washington, the City of Mukilteo, a municipal corporation
of the State of Washington, the City of Snohomish, a municipal corporation of the State of
Washington, the City of Brier, a municipal corporation of the State of Washington, and the
Stillaguamish Tribe of Indians (all such county, municipal and tribal entities collectively, the
“PARTICIPATING JURISDICTIONS”).
WITNESSETH:
WHEREAS, it is in the best interest of the PARTICIPATING JURISDICTIONS to
utilize professional Child Interview Specialist (hereinafter referred to as “CIS”) services to
facilitate investigations of child abuse and other crimes wherein children are victims or
witnesses; and
WHEREAS, DAWSON PLACE has agreed to provide trained professional CIS Services
to the PARTICIPATING JURISDICTIONS for investigations;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
1.0 TERM
The term of this Agreement (the “Term”) shall commence on January 1, 2012 (the
“Commencement Date”), and shall expire on December 31, 2014 (the “Expiration
Date”); PROVIDED, however, that Snohomish County’s obligations are contingent upon
local legislative appropriation of the necessary funds for this specific purpose in
accordance with the Snohomish County Charter and applicable law.
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2.0 SERVICES TO BE PERFORMED
2.1 DAWSON PLACE shall provide CIS services to the PARTICIPATING
JURISDICTIONS on an as needed basis during the term of this Agreement. All
cases of PARTICIPATING JURISDICTIONS will be given equal priority.
2.2 “CIS Services” include the following:
2.2.1 Interview child victims of sexual assault and physical abuse as requested.
2.2.2 Document interviews; maintain detailed records of all interviews and
statistics.
2.2.3 Assist detectives on assigned cases working with victim’s family.
2.2.4 Assist investigators in interviewing victims and witnesses of other crimes
involving children as requested; conduct courtesy interviews for police
agencies in other states; work with interpreters to gather information from
disabled children; interview children and adults who are developmentally
delayed and/or physically disabled as requested.
2.2.5 Testify in court as requested; provide agencies with a DVD of the
interviews; provide assistance to the Prosecuting Attorney’s Office, as
requested for child interview DVD transcriptions.
2.2.6 Provide training to public and to detectives on child sex abuse issues.
2.2.7 Network with community agencies to maintain compatible working
relationships.
2.3 DAWSON PLACE shall provide a quarterly report to the PARTICIPATING
JURISDICTIONS that summarizes CIS Services performed on the
PARTICIPATING JURISDICTIONS’ behalf during the previous quarter.
3.0 DAWSON PLACE OBLIGATIONS
3.1 DAWSON PLACE shall provide a CIS to the PARTICIPATING
JURISDICTIONS.
3.2 DAWSON PLACE shall be responsible for coordinating daily operations related
to the provision of CIS Services pursuant to this Agreement.
3.3 CIS interviews will be conducted at DAWSON PLACE, located at 1509
California Street, Everett, WA 98201, unless another location is agreed to by the
PARTICIPATING JURISDICTIONS and DAWSON PLACE.
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3.4 DAWSON PLACE shall ensure that any professional providing CIS Services
pursuant to this Agreement has completed all required training.
3.5 DAWSON PLACE shall provide all equipment and training necessary to support
the CIS Services, consistent with recognized and recommended practices within
the field. Nothing in this section shall restrict the ability of the parties to mutually
agree to changes in equipment or training necessary to maintain best practices, or
to informally agree to share equipment or training costs in unforeseen
circumstances.
3.6 All products of interviews conducted under this Agreement, which includes
original recordings (audio and video), reports and statements, will be promptly
provided to and remain under the control of the PARTICIPATING
JURISDICTION that requested the interview.
3.7 DAWSON PLACE agrees that any professional who is providing CIS services
pursuant to this Agreement shall not be considered for any purpose to be an
employee or agent of any PARTICIPATING JURISDICTION.
3.8 SICK LEAVE TEMPORARY REPLACEMENT. If CIS Services are not
available due to illness or injury for longer than ten (10) days, DAWSON PLACE
shall make arrangements for temporary replacement CIS Services beginning on
the eleventh (11th) work day until such time as regular CIS Services resume.
3.9 DISCIPLINARY TEMPORARY REPLACEMENT. If CIS Services are not
available due to disciplinary action for a period in excess of one (1) work day,
DAWSON PLACE shall make arrangements for replacement CIS Services during
the remaining term of the discipline.
3.10 TEMPORARY REPLACEMENT; UNPLANNED OR ANNUAL LEAVE. If
CIS Services are not available due to annual leave or any unplanned reason for a
period of ten (10) consecutive work days, DAWSON PLACE shall make
arrangements for replacement CIS Services beginning on the eleventh (11th) work
day until such time as regular CIS Services resume.
3.11 TEMPORARY REPLACEMENT; PLANNED ABSENCE. If CIS Services are
not available because of any pre-planned reason other than annual leave (example:
attendance at a long term work-related training), for a period in excess of ten (10)
consecutive work days, DAWSON PLACE shall make arrangements for
replacement CIS Services beginning on the first day of the planned absence.
4.0 PARTICIPATING JURISDICTION OBLIGATIONS
4.1 After the items referenced in Section 3.6 above are provided to a
PARTICIPATING JURISDICTION, it shall be the sole responsibility of that
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PARTICIPATING JURISDICTION to properly secure, maintain, distribute,
transcribe or dispose of said items. DAWSON PLACE may maintain a working
copy of all CIS recordings, reports and/or documents. Each PARTICIPATING
JURISDICTION acknowledges that transcriptions of audio/video CIS interviews
are frequently required by the Prosecuting Attorney, the Defense or the Court, and
each PARTICIPATING JURISDICTION agrees to complete any required
transcribing of CIS interviews conducted under this Agreement.
4.2 A PARTICIPATING JURISDICTION shall attend and observe CIS interviews
that the PARTICIPATING JURISDICTION requests, and shall control, maintain
and retain the original DVD recording of such CIS interviews for evidentiary
purposes, and shall be solely liable for third party arrest, prosecution and
evidentiary issues, such as admissibility arising from or as a result of the interview
contents of the DVD. The PARTICIPATING JURISDICTION shall indemnify
and hold harmless DAWSON PLACE for such liability.
4.3 The PARTICIPATING JURISDICTIONS will coordinate scheduling interviews
conducted under this Agreement with DAWSON PLACE.
4.4 In consideration of DAWSON PLACE providing the CIS Services as set forth in
Section 2.0 and 3.0 herein, the PARTICIPATING JURISDICTIONS will pay
DAWSON PLACE as set forth in Section 6.0.
5.0 INTENTIONALLY OMITTED
6.0 COMPENSATION, INVOICING AND PAYMENT
6.1 The PARTICIPATING JURISDICTIONS agree to pay the following amounts to
DAWSON PLACE for providing CIS services set forth in this Agreement:
6.1.1 In consideration for the CIS Services provided by DAWSON
PLACE from January 1, 2012 to December 31, 2012, the
PARTICIPATING JURISDICTIONS shall, upon receipt of invoices in
accordance with this Section 6, collectively pay to DAWSON PLACE a
total amount of eighty three thousand seven hundred seventy three dollars
($83,773.00).
6.1.2 In consideration for the CIS Services provided by DAWSON
PLACE from January 1, 2013 to December 31, 2013, the
PARTICIPATING JURISDICTIONS shall, upon receipt of invoices in
accordance with this Section 6, collectively pay to DAWSON PLACE a
total amount to be determined at a later date, but which will equal the total
amount due for 2012 plus an increase in that amount equal to 100% of the
June to June Seattle, Tacoma, Bremerton CPI-W published in June 2012,
but not to exceed 3%.
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6.1.3 In consideration for the CIS Services provided by DAWSON
PLACE from January 1, 2014 to December 31, 2014, the
PARTICIPATING JURISDICTIONS shall, upon receipt of invoices in
accordance with this Section 6, collectively pay to DAWSON PLACE a
total amount to be determined at a later date, but which will equal the total
amount due for 2013 plus an increase in that amount equal to 100% of the
June to June Seattle, Tacoma, Bremerton CPI-W published in June 2013,
but not to exceed 3%.
6.2 Each PARTICIPATING JURISDICTION’S portion of the amount due to
DAWSON PLACE will be calculated and paid as follows:
6.2.1 Payments due for 2012 are set forth in Exhibit B to the Interlocal
Agreement Establishing Cooperative Financial Support for Dawson Place
of even date herewith, attached hereto. Each PARTICIPATING
JURISDICTION shall pay 2% of the base salary, plus a portion of the
remaining amount due, calculated based on the number of interviews
performed for each PARTICIPATING JURISDICTION during the
previous year. Payments due for 2013 and 2014 will be calculated at a
later date, and will be based on the provisions of Section 6.1, above, and
the number of interviews performed for each PARTICIPATING
JURISDICTION the previous year. While the payments due from each
PARTICIPATING JURISDICTION will be calculated based on the
number of interviews performed for them during the previous year, the
payments made are intended to cover the costs of the work performed
during the current year. It is anticipated that Exhibit B will be updated
when the 2013 and 2014 costs are calculated, and may also be updated
from time to time if and when the makeup of the PARTICIPATING
JURISDICTIONS changes. Such an update, when made in accordance
with this Section 6.1, is a clerical update to Exhibit B and is not an
amendment to this Agreement.
6.2.2 In order to receive payment under this Section 6, DAWSON PLACE shall
submit an invoice to each PARTICIPATING JURISDICTION each
quarter, which invoice shall contain that PARTICIPATING
JURISDICTION’S portion of the amount due to DAWSON PLACE for
the CIS Services provided under this Agreement, as set forth in Exhibit B.
Each PARTICIPATING JURISDICTION shall pay its invoice in full,
within thirty (30) days after the PARTICIPATING JURISDICTION
receives same. Should a PARTICIPATING JURISDICTION object to all
or any portion of any invoice, the PARTICIPATING JURISDICTION
shall notify DAWSON PLACE of its objection in writing within twenty
(20) days after receiving the invoice at issue. Invoices shall be mailed to
the persons specified in Exhibit A to this Agreement.
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6.3 DAWSON PLACE agrees that payment of the sums listed in Sections 6.1
constitute full compensation for services provided under this Agreement and
Dawson Place may, at its discretion, use such funds for all CIS Service-related
costs incurred. Should a professional who is providing CIS Services pursuant to
this Agreement be required to travel out of Snohomish County for work on a
PARTICIPATING JURISDICTION investigation or to testify in court on behalf
of a case, all travel costs, including conveyance, lodging and per diem, shall be
paid by the requesting PARTICIPATING JURISDICTION. In order to be
eligible for reimbursement, all travel must be pre-approved by that
PARTICIPATING JURISDICTION and reimbursement for travel will not exceed
that PARTICIPATING JURISDICTION’S reimbursement rates.
7.0 DIRECTION AND CONTROL
DAWSON PLACE agrees that DAWSON PLACE will perform the services under this
Agreement as an independent contractor and not as an agent, employee, or servant of the
any PARTICIPATING JURISDICTION. The parties agree that DAWSON PLACE is
not entitled to any benefits or rights enjoyed by employees of any PARTICIPATING
JURISDICTION. DAWSON PLACE specifically has the right to direct and control
DAWSON PLACE’S own activities in providing the agreed services in accordance with
the specifications set out in this Agreement. The PARTICIPATING JURISDICTIONS
shall only have the right to ensure performance. Nothing in this Agreement shall be
construed to render the parties partners or joint venturers.
8.0 REMOVAL/REPLACEMENT OF CIS
Notwithstanding anything to the contrary contained elsewhere in this Agreement, the
PARTICIPATING JURISDICTIONS shall have the right, at any time during the Term, to
demand removal of the professional performing CIS Services under this Agreement. In
order to exercise this right, the PARTICIPATING JURISDICTIONS must deliver to
DAWSON PLACE a written notice, signed by authorized representatives of
PARTICIPATING JURISDICTIONS that have collectively paid at least 50% of amounts
paid to DAWSON PLACE since the effective date of this Agreement, demanding that
DAWSON PLACE remove the professional providing CIS Services under this
Agreement and outlining the basis for such demand (“Demand for Removal”). Within
fifteen (15) days of receiving such Demand for Removal, DAWSON PLACE shall
remove the individual performing CIS Services under this Agreement.
Within fifteen (15) days of removal of the professional providing CIS Services under this
Section, DAWSON PLACE shall make arrangements for replacement CIS Services to be
provided to the PARTICIPATING JURISDICTIONS. If CIS Services are not replaced
within thirty (30) days after the date on which DAWSON PLACE received the Demand
for Removal, then this Agreement shall automatically terminate.
9.0 HOLD HARMLESS
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Each party to this Agreement shall save, indemnify, defend and hold every other party
and its agents, employees and contractors harmless from and against any and all costs,
liabilities, suits, losses, damages, claims, expenses, penalties or charges, including,
without limitation, reasonable attorneys’ fees and disbursements, that the other parties
may incur or pay out by reason of any accidents, damages or injuries to persons or
property, including claims by third parties or employees against which the parties would
otherwise be immune under Title 51 RCW or other law, arising from the performance of
this Agreement, but only to the extent the same are caused by any negligent or wrongful
act of the indemnifying party.
The provisions of this Section 9.0 shall survive the expiration or earlier termination of
this Agreement.
10.0 WITHDRAWAL
Any PARTICIPATING JURISDICTION may withdraw from participation in this
Agreement effective January 1st for any reason or for no reason by providing written
notice of such withdrawal to all parties no later than November 1st of the preceding
calendar year. Withdrawal shall not affect the rights of the PARTICIPATING
JURISDICTIONS under any other section or paragraph herein.
If after November 1st there are fewer than five (5) PARTICIPATING JURISDICTIONS
that have not given notice of withdrawal, then the PARTICIPATING JURISDICTIONS
that have not given notice of withdrawal shall meet no later than November 15th. At the
meeting, these PARTICIPATING JURISDICTIONS will have another option to
withdraw from the Agreement effective January 1st, which may be exercised by giving
notice of withdrawal at the meeting. If by the end of the meeting no PARTICIPATING
JURISDICTION desires to remain in the Agreement, then this Agreement may be
terminated effective January 1st by delivery of written notice to DAWSON PLACE no
later than December 1st.
11.0 INSURANCE REQUIREMENTS
DAWSON PLACE shall obtain and maintain continuously during the Term of this
Agreement the following insurance:
Commercial General Liability Insurance with a minimum limit of $1,000,000 per
occurrence, $2,000,000 general aggregate, and endorsed to include all
PARTICIPATING JURISDICTIONS and their officers, elected officials, agents,
and employees as an additional insured with respect to the work performed for the
PARTICIPATING JURISDICTIONS. Insurance shall be written on ISO
occurrence form CG 00 01 or a substitute form providing equivalent coverage.
Workers’ Compensation Coverage as required by the Industrial Insurance laws of
the State of Washington. DAWSON PLACE’S obligation shall extend to all
personnel performing work on behalf of DAWSON PLACE pursuant to this
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Agreement and must be obtained before performing any work under this
Agreement. The PARTICIPATING JURISDICTIONS will not be responsible for
payment of workers’ compensation premiums or for any other claim or benefit for
any individuals performing work on behalf of DAWSON PLACE that might arise
under the Washington State Industrial Insurance laws.
Professional Technical Liability insurance appropriate to the CIS’s profession with limits of $1,000,000 per claim and $1,000,000 policy aggregate limit. 12.0 DISPUTES
In the event of a dispute between the parties that cannot be resolved to each party’s
satisfaction, the issue shall be submitted to mediation through the Snohomish County
Dispute Resolution Center. All parties agree to utilize this process prior to the institution
of any legal action to enforce the terms and conditions of this Agreement. The cost of
mediation shall be borne equally by the parties.
13.0 RECORDS
DAWSON PLACE shall maintain adequate records to support billings for services set
forth in this Agreement. Said records shall be maintained for a period of six (6) years
after completion of this Agreement. The PARTICIPATING JURISDICTIONS or their
authorized representatives shall have access, during normal working hours, to any
DAWSON PLACE books, documents, papers or records, which relate to this Agreement.
14.0 CONFIDENTIALITY
DAWSON PLACE shall not disclose, transfer, sell or otherwise release any client
information gained by reason of performance under this Agreement to any person or
entity. DAWSON PLACE may use such information solely for the purposes necessary to
meet the requirements under this Agreement.
15.0 PUBLIC DISCLOSURE LAWS
The parties acknowledge, agree and understand that the county and municipal
PARTICIPATING JURISDICTIONS are public agencies subject to certain disclosure
laws, including, but not limited to Washington’s Public Records Act, chapter 42.56
RCW. Each party understands that records related to this Agreement and DAWSON
PLACE’s performance of Services under this Agreement may be subject to disclosure
pursuant to the Public Records Act or other similar law. In order to comply with
disclosure laws, a PARTICIPATING JURISDICTION may require records generated
pursuant to this Agreement from DAWSON PLACE. DAWSON PLACE covenants that
it shall cooperate with the PARTICIPATING JURISDICTIONS in the event records
generated pursuant to this Agreement are requested. DAWSON PLACE agrees to
provide such records to the PARTICIPATING JURISDICTION in a timely manner and
in a format requested by the PARTICIPATING JURISDICTION, so long as it is
reasonably feasible to provide such records in the format requested.
9
16.0 LEGAL REQUIREMENTS
All parties shall comply with all applicable federal, state and local laws in performing
their duties under this Agreement. 17.0 APPLICABLE LAW AND VENUE
This Agreement shall be construed under the laws of the State of Washington. Venue of
any legal action brought to enforce any of the terms and conditions of this Agreement
shall be Snohomish County, Washington.
18.0 NON-DISCRIMINATION
DAWSON PLACE shall comply with the Snohomish County Human Rights Ordinance,
Chapter 2.460 SCC, which is incorporated herein by this reference. Execution of this
Agreement constitutes a certification by DAWSON PLACE of its compliance with the
requirements of Chapter 2.460 SCC. If DAWSON PLACE is found to have violated this
provision, or furnished false or misleading information in an investigation or proceeding
conducted pursuant to Chapter 2.460 SCC, this Agreement may be subject to a
declaration of default and termination at the County's discretion. This provision shall not
affect DAWSON PLACE’S obligations under other federal, state, or local laws against
discrimination.
19.0 PREVAILING PARTY ATTORNEY'S FEES
In any legal action brought to enforce any of the terms and conditions of this Agreement,
the prevailing party in said legal action shall be entitled to reasonable attorney's fees and
costs incurred.
20.0 INDEPENDENT CONTRACTOR
DAWSON PLACE agrees that any professional providing CIS Services under this
Agreement shall not be considered for any purpose an agent, employee, or servant of any
PARTICIPATING JURISDICTION. The parties agree that professionals providing CIS
Services under this Agreement are not entitled to any benefits or rights enjoyed by
employees of the PARTICIPATING JURISDICTIONS. DAWSON PLACE specifically
has the right to direct and control the activities of any professional providing the agreed
CIS Services in accordance with the specifications set out in this Agreement. The
PARTICIPATING JURISDICTIONS shall only have the right to ensure performance. 21.0 NOTICE
Any notice to be given to a PARTICIPATING JURISDICTION under this Agreement
shall be either mailed or personally delivered to the Notice Address shown in Exhibit A.
Any notice to DAWSON PLACE shall be mailed or personally delivered to:
Dawson Place Child Advocacy Center
1509 California Street
10
Everett, WA 98201
Any party may, by reasonable written notice to the other parties, designate a different
contact person, or otherwise alter its contact information for the giving of notices. All
notices shall be deemed given on the day each such notice is personally delivered,
transmitted by facsimile (with evidence of receipt), or delivered by overnight courier
service, or on the third business day following the day such notice is mailed if mailed in
accordance with this Section. Exhibit A may be updated from time to time to reflect
current addresses. Such an update, when made in accordance with this Section 21, is a
clerical update to Exhibit A and is not an amendment to this Agreement.
22.0 AMENDMENT
The parties 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 with the same formality of this Agreement.
23.0 ENTIRE AGREEMENT
This Agreement constitutes the whole and entire agreement among the parties as to CIS
Services and no other understandings, oral or otherwise, regarding CIS Services shall be
deemed to exist or bind the parties
24.0 SEVERABILITY
If any part of this Agreement is unenforceable for any reason the remainder of the
Agreement shall remain in full force and effect.
25.0 EXECUTION OF MULTIPLE ORIGINAL COUNTERPARTS
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.
26.0 WARRANTY OF AUTHORITY
Each of the signatories hereto warrants and represents that he or she is competent and
authorized to enter into this Agreement on behalf of the party for whom he or she
purports to sign this Agreement.
IN WITNESS WHEREOF the PARTICIPATING JURISDICTIONS and DAWSON PLACE have executed this Agreement as of the date first above written.
DAWSON PLACE
By:
Mary Wahl, Executive Director
As Approved by Dawson Place Board of
Directors through Resolution
Dated _______________.
SNOHOMISH COUNTY
By:
Aaron Reardon, County Executive
Dated: _____________________
RECOMMENDED FOR APPROVAL
By:
John Lovick, Sheriff
Dated:
APPROVED AS TO FORM:
By:
Deputy Prosecuting Attorney
Dated:
CITY OF EVERETT
By:
Ray Stephanson, Mayor
Dated: _____________________
ATTEST:
By: _____
Sharon Marks, City Clerk
Dated:
APPROVED AS TO FORM:
By:
James D. Iles, City Attorney
Dated:
CITY OF ARLINGTON
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF BOTHELL
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF LAKE STEVENS
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF LYNNWOOD
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF MARYSVILLE
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF GRANITE FALLS
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF EDMONDS
By:
Mike Cooper, Mayor
Dated: _____________________
ATTEST:
By: _____
Sandra S. Chase, City Clerk
Dated:
APPROVED AS TO FORM:
By:
Sharon E. Cates
Office of the City Attorney
Dated:
CITY OF MILL CREEK
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF MUKILTEO
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF SNOHOMISH
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
CITY OF BRIER
By:
Title:_______________________
Dated: _____________________
ATTEST:
By: _____
City Clerk
Dated:
APPROVED AS TO FORM:
By:
City Attorney
Dated:
STILLAGUAMISH TRIBE OF
INDIANS
By:
Title:_______________________
Dated: _____________________
EXHIBIT A
PARTICIPATING
JURISDICTION
INVOICE ADDRESS NOTICE ADDRESS
Snohomish County Snohomish County Sheriff’s Office
Attn: Jill Iversen
3000 Rockefeller Ave M/S 606
Everett, WA 98201
Snohomish County Sheriff’s Office
Attn: Jeff Miller
3000 Rockefeller Ave M/S 606
Everett, WA 98201
Stillaguamish Police Chief Joe Orford
Stillaguamish Police Department
22714 6th Ave NE
Arlington, WA 98223
Chief Joe Orford
Stillaguamish Police Department
22714 6th Ave NE
Arlington, WA 98223
City of Arlington Debbie Strotz
City of Arlington Finance Dept.
238 N. Olympic
Arlington, WA 98223
Chief Nelson Beazley
City of Arlington Police Department
110 E. Third St.
Arlington, WA 98223
City of Bothell Captain Drew Nielsen
Bothell Police Department
18410 101st Ave NE
Bothell, WA 98011
Captain Drew Nielsen
Bothell Police Department
18410 101st Ave NE
Bothell, WA 98011
City of Lake Stevens Finance Director
City of Lake Stevens
P.O. Box 259
Lake Stevens, WA 98258
Chief of Police
City of Lake Stevens
2211 Grade Road
Lake Stevens, WA 98258
City of Lynnwood Administrative Assistant to Chief of Police
Lynnwood Police Department
P.O. Box 5008
Lynnwood, WA 98046-5008
Deputy Chief Investigations/Services
Lynnwood Police Department
P.O. Box 5008
Lynnwood, WA 98046-5008
City of Marysville Margaret Vanderwalker
Marysville Police Department
1635 Grove Street
Marysville, WA 98270
Commander Ralph Krusey
Marysville Police Department
1635 Grove Street
Marysville, WA 98270
City of Granite Falls Chief Dennis Taylor
Granite Falls Police Department
205 S. Granite Avenue P.O. Box 64
Granite Falls, WA 98252
Chief Dennis Taylor
Granite Falls Police Department
205 S. Granite Avenue P.O. Box 64
Granite Falls, WA 98252
City of Edmonds Marlene Eager
Edmonds Police Department
250 5th Ave. N.
Edmonds, WA 98020
Gerry Gannon, Assistant Chief
Edmonds Police Department
250 5th Ave. N.
Edmonds, WA 98020
City of Mill Creek Jodie Gunderson
City of Mill Creek Finance Department
15728 Main St.
Mill Creek, WA 98012
Det. Sgt. Kate Hamilton
Mill Creek Police Department
15728 Main St.
Mill Creek, WA 98012
City of Everett Tracey Versteeg
Everett Police Department
3002 Wetmore Avenue
Everett, WA 98201
Deputy Chief Mike Campbell
Everett Police Department
3002 Wetmore Avenue
Everett, WA 98201
City of Mukilteo Mukilteo Police Department
10500 47th Pl. W
Mukilteo, WA 98275
Chief Rex Caldwell
Mukilteo Police Department
10500 47th Pl. W
Mukilteo, WA 98275
City of Snohomish Chief John Turner
City of Snohomish PD
230 Maple Avenue
Snohomish, WA 98290
Chief John Turner
City of Snohomish PD
230 Maple Avenue
Snohomish, WA 98290
City of Brier Mickie Halverson
Support Services Supervisor
Brier Police Department
2901 228th St. SW
Brier, WA 98036
Chief Donald E. Lane
Brier Police Department
2901 228th St. SW
Brier, WA 98036
EXHIBIT B
2012 Expenses *
Salary / Benefits $62,273.12
Operating Expenses
Computers $2,000.00
Equipment Maintenance $500.00
Supplies / Training $3,000.00
Office Space $16,000.00
Total $83,773.12
Participating Jurisdiction 2% of Salary Number of
Interviews
Cost
Based
On Use
($253.1933
per
interview)
Total
Arlington Police Department $1,245.46 9 $2,278.74 $3,524.20
Brier Police Department $1,245.46 0 $0.00 $1,245.46
Bothell Police Department $1,245.46 4 $1,012.77 $2,258.24
Edmonds Police Department $1,245.46 10 $2,531.93 $3,777.40
Everett Police Department $1,245.46 53 $13,419.24 $14,664.71
Granite Falls Police Department $1,245.46 2 $506.39 $1,751.85
Lake Stevens Police Department $1,245.46 23 $5,823.45 $7,068.91
Lynnwood Police Department $1,245.46 11 $2,785.13 $4,030.59
Marysville Police Department $1,245.46 38 $9,621.35 $10,866.81
Mill Creek Police Department $1,245.46 12 $3,038.32 $4,283.78
Mukilteo Police Department $1,245.46 2 $506.39 $1,751.85
Snohomish County Sheriff** $1,245.46 91 $23,040.59 $24,286.05
Snohomish Police Department $1,245.46 7 $1,772.35 $3,017.82
Stillaguamish Police Department $1,245.46 0 $0.00 $1,245.46
Total $17,436.47 262 $66,336.64 $83,773.12
* 2013 and 2014 Expenses and amounts due from each Participating Jurisdiction to be determined at a later date.
** The total amount due from the Snohomish County Sheriff's Office includes $8,286.05 for interview services,
plus the $16,000 due for Office Space, listed above.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #5
ATTACHMENT E
COUNCIL MEETING DATE:
December 12, 2011
SUBJECT:
Fifth Amendment to the Interlocal Agreement
for Municipal Court Services between the City
of Marysville and the City of Arlington
DEPARTMENT OF ORIGIN:
Executive
ATTACHMENTS:
- Proposed 5th Amendment to the ILA for Municipal Court Services
EXPENDITURES REQUESTED:
BUDGET CATEGORY: Criminal Justice
LEGAL REVIEW: City Attorney’s review is pending
DESCRIPTION:
The City of Marysville is requesting an amendment to its interlocal agreement with us for
Court Services. The amendment changes the renewal of the agreement to an automatic renewal
unless a party provides termination notification at least 180 days in advance.
HISTORY:
The City of Arlington has contracted with Marysville for Court Services since 2002. The last
amendment to the Court ILA was executed in January 2011, which amended the court filing
fees.
ALTERNATIVES:
RECOMMENDED ACTION:
Review proposed amendment and recommend placement on the December 19, 2011 Council
Agenda for formal action.
M-02-033/Arlington agt amend 5 CS renewal 2011
1
FIFTH AMENDMENT TO
INTERLOCAL AGREEMENT FOR
MUNICIPAL COURT SERVICES
BETWEEN THE CITY OF MARYSVILLE
AND THE CITY OF ARLINGTON
PROVIDING FOR
RENEWAL OF THE AGREEMENT
COMMENCING JANUARY 1, 2012;
AUTOMATIC ONE YEAR RENEWAL;
AND REVISING THE NOTICE PERIOD FOR TERMINATION.
THIS AMENDMENT to Interlocal Agreement for Municipal Court Services is made and
entered into this day by and between the City of Marysville ("Marysville"), a municipal
corporation in the State of Washington, and the City of Arlington ("Arlington"), a municipal
corporation in the State of Washington.
WHEREAS, Marysville and Arlington entered into an Interlocal Agreement for
Municipal Court Services recorded at the Snohomish County Auditor’s office on April 4, 2003;
and
WHEREAS, Marysville and Arlington entered into the First Amendment to Interlocal
agreement for municipal court services between the City of Marysville and the City of Arlington
and First Renewal for Three year term January 1, 2005 to May 30, 2008, which was recorded on
11/12/2005; and
WHEREAS, Marysville and Arlington entered into the Second Amendment to Interlocal
Agreement for Municipal Court Services between the City of Marysville and the City of
Arlington, which was recorded on 08/24/2007; and
WHEREAS, Marysville and Arlington entered into the Third Amendment to the
Interlocal Agreement for Municipal Court Services on May 11, 2009; and
WHEREAS, Marysville and Arlington entered into the Fourth Amendment to the
Interlocal Agreement for Municipal Court Services on February 14, 2011; and
WHEREAS, the parties wish to amend Paragraph 10 of the Agreement and renew the
agreement for an additional one year period from January 1, 2012 through December 31, 2012
and to provide for automatic one year renewals from January 1 through December 31 of each
year unless terminated by the parties; and
WHEREAS, the parties wish to amend Paragraph 11 of the Agreement to provide for 180
days written notice by either party to terminate the agreement; and
M-02-033/Arlington agt amend 5 CS renewal 2011
2
WHEREAS, the parties wish to agree to certain amendments and revisions to the
agreement;
NOW, THEREFORE,
IN CONSIDERATION OF the terms and provisions hereof, Arlington and Marysville
agree to amend the Interlocal Agreement for Municipal Court Services recorded at Snohomish
County Auditor’s office on April 4, 2003, as amended by the First Amendment to Interlocal
agreement for municipal court services between the city of Marysville and the city of Arlington
and the First Renewal for Three year term January 1, 2005 to May 30, 2008, recorded on
11/12/2005, and by the Second Amendment to Interlocal Agreement for Municipal Court
Services between the city of Marysville and the city of Arlington recorded on 08/24/2007; and by
the Third Amendment to the Interlocal Agreement for Municipal Court Services on May 11,
2009; and by the Fourth Amendment to the Interlocal Agreement for Municipal Court Services
on February 14, 2011, the parties do hereby agree as follows:
1. Paragraph 10 is amended to read as follows:
10. DURATION. In addition to the initial terms set forth in the original
agreement and amendments, the term of this agreement is renewed for the period
of one year from January 1, 2012 through December 31, 2012. Further the
agreement shall automatically renew for additional one year periods from January
1 through December 31 of each year, unless a party provides Notice of
Termination as set forth in Paragraph 11. The Fee as set forth in Section 3 shall
remain the same for the renewal period unless the parties agree to amend the
schedule of fees as set forth in Section 3. The Fee as set forth in Section 3 may be
amended at any time by agreement of the parties. The parties may also agree to
additional renewal terms.
2. Paragraph 11 is amended to read as follows:
11. TERMINATION OF AGREEMENT. Either party shall provide 180 days
written notice of its intent either to terminate or not to renew this agreement. In the event
of termination or non-renewal of the agreement cases filed prior to the termination date in
Marysville Municipal Court will remain in Marysville Municipal Court until either
dismissed or formal closure.
3. Except as provided herein, all other provisions of the Interlocal Agreement for Municipal
Court Services entered into on April 4, 2003, as amended by the First Amendment to Interlocal
agreement for municipal court services between the city of Marysville and the city of Arlington
and the First Renewal for Three year term January 1, 2005 to May 30, 2008, recorded on
M-02-033/Arlington agt amend 5 CS renewal 2011
3
11/12/2005, and by the Second Amendment to Interlocal Agreement for Municipal Court
Services between the city of Marysville and the city of Arlington recorded on 08/24/2007, and by
the Third Amendment to the Interlocal Agreement for Municipal Court Services on May 11,
2009; and by the Fourth Amendment to the Interlocal Agreement for Municipal Court Services
on February 14, 2011 shall remain in full force and effect, unchanged.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed.
CITY OF ARLINGTON CITY OF MARYSVILLE
By________________________________ By________________________________
MARGARET LARSON, Mayor JON NEHRING, Mayor
DATE:_____________________________ DATE:_____________________________
APPROVED as to form: APPROVED as to form:
__________________________________ __________________________________
STEVEN PEIFFLE, City Attorney GRANT K. WEED, City Attorney
DATE:________________________ DATE:______________________
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #6
ATTACHMENT F
COUNCIL MEETING DATE:
December 12, 2011
SUBJECT:
Graafstra Agreement for Annexation
DEPARTMENT OF ORIGIN:
Community Development – Bill Blake
ATTACHMENTS:
1. Amended Agreement regarding the Conditions of Annexation
2. DRAFT Urban Horticulture land use code
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
City Attorney developed the agreement
DESCRIPTION: The adoption of this document establishes an agreement between the City of
Arlington and Graafstra Family to fulfill listed obligations as a condition of annexation.
HISTORY: There has been a verbal agreement between the City of Arlington and Graafstra
family that following the City acquisition of the bottomland the entire “Graafstra” area would be
annexed in to the City. The area has been in the Arlington UGA for a number of years. The
zoning of the bottomland parcels was changed in 2011 from residential to Public/Semi-Public in
support of the park use. The upland is pre-zoned High Density residential. The proposed
agreement identifies the need to change the upland zoning from High Density to Urban
Horticulture. The proposed Urban Horticulture zoning will allow the Graafstra family to
continue to support local agricultural activities associated with the City TDR program. It will
also allow the Graafstra upland property to continue to function as an Incubator business site
supporting local economic development.
ALTERNATIVES:
Discussion purposes only
No Action
AGREEMENT REGARDING
CONDITIONS OF ANNEXATION 1
AMENDED AGREEMENT REGARDING CONDITIONS OF ANNEXATION
The parties to this agreement are HENRY GRAAFSTRA and BETTY
GRAAFSTRA, husband and wife (hereinafter “GRAAFSTRA”) and the CITY OF
ARLINGTON, a municipal corporation of the state of Washington (hereinafter “CITY”).
RECITALS
A. GRAAFSTRA is the owner of certain real property, legally described on
the attached Exhibit “A”, which has been designated by Snohomish
County to be in the CITY’s urban growth area (UGA) (hereafter “the
Property”). GRAAFSTRA previously conveyed approximately _____
acres of property to the CITY by deed dated April 1, 2010.
B. GRAAFSTRA wishes to petition to the CITY to have the Property
annexed to the CITY under certain terms and conditions.
NOW, THEREFORE, the parties do agree as follows:
COVENANTS
1. Agreement to Annex. Subject to applicable legal requirements, the CITY has agreed
to annex the Property, subject to the following additional conditions:
a. GRAAFSTRA shall take all steps necessary to submit an initial (10%) petition for
annexation to the City of Arlington within thirty (30) days of the date of this
agreement, and shall proceed to complete the annexation in due course thereafter
following all necessary legal requirements.
AGREEMENT REGARDING
CONDITIONS OF ANNEXATION 2
b. The City shall expeditiously docket a comprehensive plan amendment for
consideration at the next Growth Management Act (GMA) docketing process the
consideration of zoning and development standards for the Property, which will
include the adoption of development and zoning standard permitting urban
horticultural or other agricultural-related enterprises.
2. Obligations of the Parties. GRAAFSTRA and the CITY agree to execute whatever
additional documents may be reasonably required to fully implement this agreement,
including, but not limited to, those petitions for annexation, notices, or other
documents necessary to effectuate the annexation and the processing of docketing
requests contemplated by this agreement.
3. Covenant on Property. This agreement shall be a covenant on the Property and shall
bind the heirs, executors, assigns, and successors in interest of the undersigned
relating to the Property.
4. Relationship To Existing Laws And Statutes. This Agreement in no way modifies or
supersedes existing laws and statutes. In meeting the commitments encompassed in
this Agreement, all parties shall comply with the requirements of the Growth
Management Act, State Environmental Policy Act, Annexation Statutes, and other
applicable federal, state or local law.
5. Severability. Should a court of competent jurisdiction declare any clause, phrase,
sentence or paragraph of this AGREEMENT invalid or void, the remaining
provisions of this AGREEMENT not so declared shall remain in full force and effect.
AGREEMENT REGARDING
CONDITIONS OF ANNEXATION 3
6. Exercise Of Rights Or Remedies. Failure of either party to exercise any rights or
remedies under this AGREEMENT shall not be a waiver of any obligation by either
party and shall not prevent either party from pursuing that right at any future time.
Dated this ____ day of __________________, 2011.
CITY OF ARLINGTON GRAAFSTRA:
_____________________________ ______________________________
Margaret Larson Henry Graafstra
Mayor
Date: ________________________ ______________________________
Betty Graafstra
ATTEST:
_____________________________
Kristin Banfield
City Clerk
Approved as to form:
_____________________________
Steven J. Peiffle
City Attorney
AGREEMENT REGARDING
CONDITIONS OF ANNEXATION 4
STATE OF WASHINGTON )
: ss
COUNTY OF SNOHOMISH )
On this _____ day of __________________, 2011, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Margaret Larson and Kristin Banfield, to me known to be the Mayor and City
Clerk, respectively, of the City of Arlington, the municipal corporation that executed the
foregoing instrument and acknowledged the said instrument to be the free and voluntary
act and deed of said municipal corporation, for the uses and purposes herein mentioned,
and on oath stated that they are authorized to execute the said instrument and that the seal
affixed (if any) is the corporate seal of said municipal corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
________________________________________
NOTARY PUBLIC in and for the State of
Washington, residing at _____________________
My commission expires: ____________________
Name: ___________________________________
STATE OF WASHINGTON)
:ss
COUNTY OF SNOHOMISH)
On this day personally appeared before me HENRY GRAAFSTRA and BETTY
GRAAFSTRA, to me known to be the persons who executed the within and foregoing
instrument, and acknowledged that they signed the same as their free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of __________________, 2011.
___________________________________
NOTARY PUBLIC in and for the State of Washington,
residing at _________________.
My commission expires:________
Name: ________________________
DRAFT Arlington Comprehensive Plan
URBAN HORTICULTURE LAND USE
GOAL LU 10: Maintain a standard that designates areas located within the City limits
adjacent to agricultural areas for low density, low impact uses which will
not adversely impact the adjacent agricultural uses.
Policies:
UH XX.1: Maintain a practice that the Urban Horticulture area will allow uses which do not
require extensive structures or development and require large land areas; these
include intensive agriculture operation, processing and sale of agriculture products, sale of added value
products, sales of landscaping materials and supplies, farmer's markets, outdoor recreation activities
and log and lumber storage. A minimum of 60% of the building square footage must be used to support
the activities associated with the planting, harvesting, processing and managing the distribution of food or
added value products. These areas are intended to act as areas of less intense
development between the urban areas in the City and adjacent Agricultural areas.
Comprehensive Plan
Land Use
UH XX.2: Maintain a practice that the Urban Horticulture areas shall be within the City limits
which are adjacent to Open space and Agriculture areas and are either currently in agriculture uses,
seasonal agriculture farm retail uses, produce markets, produce vendor, resource processing, open space
recreation or tourism related attractions.
UH XX.3: Maintain a practice that Development of the Urban Horticulture area should be done
with a minimum of permanent structures requiring that at least 60 percent of a parcel
remain unbuilt and no additional pervious surfaces be created. Uses which may negatively impact
adjacent Agricultural uses will be discouraged.
UH XX.4 These areas may be identified as locations for incubator businesses that may request from the
Director of Community Development the ability to not meet the 60% square footage requirement for a
specified period of time not to exceed 24-months.
To be added to Arlington Municipal Code
XX.XXX.XX Urban Horticulture
Designation. The Urban Horticulture designation provides a buffer between the urban areas of
the City and adjacent agricultural lands. Lands uses within this designation will be low density
and will have low impact to adjacent agricultural and open space areas. The following general
criteria shall govern development in this designation:
1. Land uses are allowed that do not
require extensive structures or
development and that do require large
land areas, such as intensive agriculture
operation, sales of agriculture products,
processing of food products, processing
of added value products sales of landscaping
materials and supplies, farmer’s markets,
outdoor recreation activities, and log and lumber
storage.
2. This designation shall be for lands that
are within the City limits, are adjacent to
agriculture areas and open space areas , and
are either currently in agricultural uses or vacant.
3. Minimal structures shall be allowed for
development, and 60 percent of a lot
shall be left unbuilt and unpaved with no
additional impervious surface added.
4. Uses which negatively impact adjacent
agricultural uses shall be discouraged.
Incubator businesses including the sales of goods not produced on the premises
or other ancillary business may
be allowed with the condition that 60% of
the gross building square footage must meet
urban horticulture use criteria.
6. Single-family residences shall be
allowed at a density of no more than one
(1) unit per (5) acres.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #7
ATTACHMENT G
COUNCIL MEETING DATE:
December 12, 2011
SUBJECT:
Amending the 2011 budget
DEPARTMENT OF ORIGIN:
Contact:
Allen Johnson, Executive, 403-3443
Jim Chase, Finance, 403-3422
ATTACHMENTS:
1. Ordinance amending 2011 budget
2. Attachment – Exhibit A
3. Amendment Descriptions
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: Breakdown attached
LEGAL REVIEW: Ordinance has been reviewed by City Attorney
DESCRIPTION:
Each year budget adjustments are proposed to reflect expenditures that were unforeseen and changes
that have occurred since the original budget was adopted. This is a housekeeping item in that revenues
have been received and expenditures have been approved throughout the year. This is the final budget
piece for 2011.
HISTORY: The major portion of the proposed amendments include the final remodel/construction
costs to Fire St. 46, adding Accounting and administrative services costs to the Sewer Fund that was
erroneously omitted in the original ordinance, increased fuel costs and repairs in the Equipment Rental
Maintenance & Operations Fund, transfers for capital projects and the closing of several funds and the
related transferring those fund balances. The remaining amounts of the amendment provide for variety
of items and are all listed in detail on the attachment to this document.
ALTERNATIVES
If the amendment s are not done by the end of the year, the related funds will exceed spending authority
and we will be out of compliance with state law.
RECOMMENDED ACTION: The City Council is requested to adopt the proposed ordinance amending
the 2011 budget for the City of Arlington.
City of Arlington
Council Agenda Bill
AGENDA ITEM:
WORKSHOP #8
ATTACHMENT H
COUNCIL MEETING DATE:
December 12, 2011
SUBJECT:
Public Hearing on the 2012 Budget
DEPARTMENT OF ORIGIN:
Executive
Contact: Kristin Banfield, 360-403-3444
ATTACHMENTS:
- Comments received on 2012 Budget (emails & comment at 12/5/11 meeting)
- Ordinance adopting the 2012 Budget
- Utility Tax Ordinance
- Resolution for a ballot proposition for 0.1% sales tax increase to fund Public Safety services
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW: Complete
DESCRIPTION:
Council is requested to receive review the comments received on the 2012 Budget. Council is
also requested to review the adopting ordinances and resolution in preparation for Council
action on the 2012 Budget on December 19, 2011.
ALTERNATIVES:
RECOMMENDED MOTION:
No action at this time. The Council will be requested to take action on December 19, 2011.
DRAFT
Page 1 of 3
Council Chambers
110 East Third
December 5, 2011
City Council Members Present by Roll Call: Dick Butner, Sally Lien, Debora Nelson, Marilyn Oertle,
Chris Raezer, Linda Byrnes, and Steve Baker
Council Members Absent: There were no Council members absent
City Staff Present: Mayor Larson, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Fire Chief
Bruce Stedman, Doug Schmidt, Brian Price, Jim Kelly, Brian DeWitt, Rory Bolter, Dan Hargroves, Bob
Beam, Eric Scott, David Kuhl, Bill Blake, Lynne Bridges, Linda Taylor, Elizabeth Chamberlin, Seth
Kinney, Kris Wallace, Monica Schlagel, Roxanne Guenzler, Debbie Strotz, Julie Good, Cristy Brubaker,
Jan Bauer, Steve Peiffle – City Attorney
Also Known to be Present: Terry Marsh, Bob Nelson, Barbara Tolbert, Bruce Angell, Gale Fiege –
Everett Herald, Sarah Arney – North County Outlook, Mike Hobson, Cory Duskin, and Kirk Boxleitner –
Arlington Times
Mayor Larson called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
APPROVAL OF THE AGENDA
Steve Baker moved to approve the Agenda. Marilyn Oertle seconded the motion which passed with a
unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Cornerstone Award ~ Absolute Airpark
With the use of a power point presentation Assistant to the City Administrator for Special Projects Paul
Ellis introduced Absolute Airpark. There was no one in attendance from this indoor trampoline center.
Jim Barron, from the American Legion, spoke to the American Veterans’ memorial project which has now
been finished. He presented the extra $7293.75 project money to the City for project upkeep and
maintenance.
PUBLIC COMMENT
There was no one in the audience who wished to speak to matters not on the Agenda.
CONSENT AGENDA
Steve Baker moved and Marilyn Oertle seconded the motion to approve the Consent Agenda which was
unanimously carried to approve the following Consent Agenda items:
1. Minutes of the November 21 and 28, 2011 meetings
2. Accounts Payable
Electronic Payments and Claims Checks #75246 through #75343 dated November 22, 2011
through December 5, 2011 in the amount of $224,519.14 and
Payroll Checks #27404 through #27424 and Electronic Payments and Payroll Checks for the
period of November 1, 2011 through November 30, 2011 in the amount of $1,254,138.60
3. Request for Authorization to apply for tourism grant funds
4. 2011 AC Water Main Project Closeout
5. Appoint Jerrie Inman to Library Board
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT December 5, 2011
Page 2 of 3
PUBLIC HEARING
2012 Budget
With the use of a power point presentation City Administrator Allen Johnson spoke to the proposed 2012
Budget which was also distributed in hard copy prior to the presentation. He reviewed the budget process
history and noted that the budget is now balanced. It is a 10% reduction from the 2011 budget. Mr.
Johnson then reviewed Revenues and Expenditures, a breakdown of the 2012 Budget, a breakdown of
Tax Sources, and a distribution of the Revenues.
The Public Hearing was opened at 7:14PM.
Brian Price, 18617 Balmoral Drive, Arlington, introduced himself as a City of Arlington Fire Department
employee and an Arlington Resident. He urged the Council not to cut police and fire services. He also
noted that Police and Fire go only to mandatory training, while all other training is paid by the officers,
themselves.
The Public Hearing was closed at 7:16PM.
Marilyn Oertle asked if the health insurance cut includes the Council and the Mayor, as well, and it was
noted that it does.
No action was taken at this time. Discussion of this evening’s comments will be heard on December 12,
2011 with requested action taken on December 19, 2011.
UNFINISHED BUSINESS
Ordinance Adopting the Shoreline Management Plan
Natural Resources Manager Bill Blake stated that the Shoreline Master Plan now has been presented in
its new corrected form. Discussion followed.
Steve Baker moved to authorize the Mayor to sign the Ordinance adopting Chapter 20.93 regarding
Critical Areas. Sally Lien seconded the motion that passed with a unanimous vote.
Ordinance Adopting the FEMA Flood Plain Regulations
Mr. Blake spoke to the FEMA Floodplain Regulations, giving a background of the Ordinance and asking
for Council support of the Regulations adoption.
Steve Baker moved to approve the Council approve the proposed Ordinance adopting the Amended
Floodplain Regulations in AMC Chapter 20.64 Floodways, Floodplains, Drainage, and Erosion; and the
Riparian Habitat Zone map. Sally Lien seconded the motion that passed with a unanimous vote.
NEW BUSINESS
Interlocal Agreement with Stillaguamish Tribe of Indians Adopting a Framework for a Government-
to-Government Relationship
Bill Blake reviewed the purpose for the Interlocal Agreement.
Sally Lien moved to approve the proposed Interlocal Agreement between the City of Arlington and the
Stillaguamish Tribe of Indians Adopting a Framework for a Government-to-Government Relationship and
authorize the Mayor to sign. Dick Butner seconded the motion that passed with a unanimous vote.
Advanced Arlington Manufacturing Center Binding Site Plan
Community Development Director David Kuhl addressed the Arlington Manufacturing Center Binding Site
Plan, located on the former Bayliner site. Developer Brent Nickelson as present to answer questions any
questions that might arise. All of this is subject to final review by the City Attorney.
Steve Baker moved to accept the dedications and easements as shown on the Advanced Arlington
Manufacturing Center Binding Site Plan, subject to final review by the City Attorney. Dick Butner
seconded the motion that passed with a unanimous vote.
Minutes of the City of Arlington City Council Meeting DRAFT December 5, 2011
Page 3 of 3
Approval of 67th ROW, Package #3
Public Works Director Jim Kelly spoke to the Right of Way Package. Mr. Kelly then answered Council
questions regarding the number of parcels yet needing approval.
Debora Nelson moved to approve, and authorize the Mayor to sign, the 67th Ave Phase 3 project Right-
of-Way, Easement, and Real Estate transactions negotiated by the City of Arlington and their real estate
transaction agent, HDR, Inc., for the Alspach, the Stillaguamish Valley Pioneer Assn. and the Kjolso
properties, pending final review by the City Attorney. Chris Raezer seconded the motion that passed with
a unanimous vote.
2011 Centennial Trail Project Closeout
With the use of a power point presentation Mr. Kelly projected the Trail location, and with this answered
Council questions asked at the previous presentation.
Marilyn Oertle moved to approve and authorize the Mayor to sign the Construction Acceptance Letter for
the 2011 Centennial Trail Project. Sally Lien seconded the motion that passed with a unanimous vote.
Joint Resolution for Manufacturing Industrial Center
David Kuhl spoke to the proposed Manufacturing Industrial Center and asked for consideration of a
Resolution between the Cities of Arlington and Marysville and the Tribe. He distributed a revised
Resolution reducing the 737 Max and Boeing language. Discussion followed.
Steve Baker moved to approve the Joint Resolution between Marysville, the Tulalip Tribe and the City of
Arlington relating to the advancement of the planning and implementation of a regional Manufacturing and
Industrial Center in the Smokey Point and airport industrial areas, and to coordinate with regional partners
to facilitate supplier expansion in the area. Sally Lien seconded the motion which passed with a
unanimous vote.
ADMINISTRATOR & STAFF REPORTS
Orientation for the Mayor elect and Council members elect begins soon.
MAYOR’S REPORT
Mayor Larson reported on meeting and events she had recently attended.
COUNCIL MEMBER REPORTS – OPTIONAL
Dick Butner, Sally Lien, Debora Nelson, Marilyn Oertle, Linda Byrnes, and Steve Baker gave brief reports
while Chris Raezer had nothing to report at this time.
EXECUTIVE SESSION
City Attorney announced that there would be need for an Executive Session lasting approximately 15
minutes with no action taken during or after that meeting, to review collective bargaining negotiations,
grievances, or discussions regarding the interpretation or application of a labor agreement [RCW
42.30.140(4)].
The meeting was adjourned into Executive Session at 7:50PM, after a 5-minute break was taken.
The meeting was reconvened at 8:11PM, and with no further business to come before the Council, the
meeting was adjourned at
____________________________
Margaret Larson, Mayor
ORDINANCE NO. 2011-000
AN ORDINANCE ADOPTING THE CITY OF ARLINGTON BUDGET FOR THE YEAR 2012.
WHEREAS, subsequent to due notice and public hearing thereon, the City Council of the City of Arlington has approved
the annual budget for the year 2012; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF ARLINGTON, WASHINGTON DO ORDAIN AS FOLLOWS:
Section One.The following expenditures budget containing the totals set forth for each fund for the year 2012
is hereby adopted.
BEGINNING ENDING
FUND FUND
FUND BALANCES REVENUES EXPENDITURES BALANCES
GENERAL FUND $0 $12,999,825 12,804,765$ $195,060
STREETS MAINTENANCE FUND 1,000 983,200 983,285 915
PROGRAM DEVELOPMENT FUND 10,000 100 0 10,100
GROWTH FUND 3,400,000 340,000 773,350 2,966,650
EMERGENCY MEDICAL SERVICES FUND 218,000 2,393,720 2,609,500 2,220
STREAM CORRIDOR RESTORATION FUND 20,000 250 17,000 3,250
LODGING TAX FUND 25,000 76,000 77,700 23,300
CEMETERY IMPROVEMENT FUND 15,000 193,675 200,925 7,750
LID #21 5,000 62,100 65,000 2,100
REET 1 FUND 10,000 126,100 102,700 33,400
REET 2 FUND 1,000 316,100 312,225 4,875
CAPITAL FACILITIES/BUILDING FUND 1,000 35,800 34,000 2,800
TRANSPORTATION IMPROVEMENT FUND 100,000 984,450 946,300 138,150
PARK IMPROVEMENT 100,000 55,600 152,000 3,600
CEMETERY CAPITAL IMPROVEMENTS FUND 0 10,100 0 10,100
WATER / SEWER FUND 1,850,000 8,631,500 9,097,821 1,383,679
AIRPORT FUND 5,000 2,982,955 2,947,404 40,551
WATER IMPROVEMENT FUND 2,675,000 861,000 2,173,050 1,362,950
SEWER IMPROVEMENT FUND 2,250,000 288,000 490,025 2,047,975
PUBLIC WORKS-UTILITIES ADMINISTRATION FUND 53,000 589,616 568,540 74,076
WWTP IMPROVEMENT 250,000 1,000 205,000 46,000
SURFACE WATER CIP FUND 110,000 182,250 175,000 117,250
AIRPORT RESERVE FUND 1,019,323 10,000 1,019,323 10,000
STORMWATER MANAGEMENT FUND 85,000 651,025 726,705 9,320
AIRPORT CIP 233,000 24,500 0 257,500
EQUIPMENT RENTAL MAINT & OPERATIONS FUND 10,000 425,710 429,400 6,310
EQUIP RENTAL DEPREC (REPLACEMENT) FUND 220,000 424,760 47,000 597,760
PUB WORKS MAINTENANCE & OPERATIONS FUND 130,000 949,100 1,061,150 17,950
CEMETERY ENDOWMENT FUND 190,000 8,000 2,500 195,500
CEMETERY PRE-NEED TRUST FUND 15,000 10,150 10,100 15,050
GRAND TOTAL ALL FUNDS 13,001,323$ 34,616,586$ 38,031,768$ 9,586,141$
Section Two.This Ordinance shall be in full force and effect on January 1, 2012.
PASSED by the City Council of the City of Arlington on this 5th day of December, 2011.
ATTEST:
Margaret Larson, Mayor
Kristin Banfield, City Clerk
Steve Peiffle, City Attorney
1
ORDINANCE NO. 2011-XXX
ORDINANCE NO. 2011-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING THE ARLINGTON MUNICIPAL CODE CHAPTER 3.16
TO INCREASE THE RATE OF UTILITY TAXES FOR ELECTRICAL,
COAXIAL TELEVISION CABLE TELEVISION, AND GARBAGE
SERVICES AND ADOPTING A SUNSET CLAUSE
WHEREAS, the City of Arlington, Washington has the authority to enact laws to
tax certain activities occurring within the City; and
WHEREAS, the City levies utility taxes upon providers of electrical, coaxial
cable television, and garbage services to the public; and
WHEREAS, the City Council believes it is in the best interest of its citizens to
increase the electrical, coaxial television cable, and garbage services utility taxes for the
purpose of ensuring the ability to continuing a reasonable level of services to the public;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain
as follows:
Section 1. Arlington Municipal Code section 3.16.040(1) shall be amended to
read as follows:
3.16.040 Business activities subject to tax – Amounts.
There shall be levied upon and shall be collected from all persons engaging in the
following utility business activities a utility gross receipts tax or license fee
measured by multiplying the rate specified times the gross income as follows:
(1) Upon every person engaged within the city in the business of selling or
supplying domestic water, sewer service, or stormwater service, a fee or
tax equal to five percent of the total gross income;
Section 2. Arlington Municipal Code section 3.16.040(2) shall be amended to
read as follows:
(2) Upon every person engaged within the city in or carrying on a coaxial
cable television business, a fee or tax equal to eight percent of the total gross
income from such business in the city during the current calendar year from
which the license is required;
ORDINANCE NO. 2011-XXX
Section 3. Arlington Municipal Code section 3.16.040(5) shall be amended to
read as follows:
(5) Upon every public utility district engaged in or carrying on the sale of
electricity within the city limits, a fee or tax equal to six percent of the total gross
revenue from such business in the city, except for revenues derived from the sale
of electricity for the purpose of resale;
Section 4. A new section Arlington Municipal Code section 3.16.040(6) shall
be added to read as follows:
(6) Upon every person engaged within the city in the business of collecting of
garbage and/or other wastes, a fee or tax equal to eight percent of the total gross
income.
Section 5. Severability. If any provision, section, or part of this ordinance shall
be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision or part thereof not adjudged
invalid or unconstitutional.
Section 6. Sunset Clause. This ordinance will automatically expire and sunset on
December 31, 2014 unless sooner extended, repealed, or amended by action of the
Arlington City Council.
Section 7. Effective Date. Section 3 of this ordinance shall be effective sixty-
one days from its adoption and publication as required by RCW 35.21.865. All other
sections of this ordinance shall be effective five days after adoption and publication.
PASSED BY the City Council and APPROVED by the Mayor this ________ day
of December, 2011.
CITY OF ARLINGTON
____________
Margaret Larson, Mayor
Attest:
______
Kristin Banfield, City Clerk
ORDINANCE NO. 2011-XXX
Approved as to form:
___________
Steven J. Peiffle, City Attorney
CURRENT CITY CODE
Arlington, Washington, Code of Ordinances >> Title 3 - REVENUE AND FINANCE >> Chapter
3.16.040 - OCCUPATION TAXES >>
Chapter 3.16 - OCCUPATION TAXES
3.16.040 - Business activities subject to tax—Amounts.
There is levied upon and shall be collected from all persons engaging in the following utility
business activities a utility gross receipts tax or license fee measured by multiplying the rate specified
times the gross income as follows:
(1)
Upon every person engaged within the city in the business of selling or supplying
domestic water, sewer service or collecting or disposing of garbage and/or sewage
or other wastes, a fee or tax equal to five percent of the total gross income;
(2)
Upon every person engaged within the city in or carrying on a coaxial television
cable distribution business, a fee or tax equal to six percent of the total gross
income from such business in the city during the current calendar year from which
the license is required;
(3)
Upon any telephone business there shall be levied a tax equal to six percent of the
total gross operating revenues, including revenues from intrastate toll, derived from
the operation of such business within the city;
(4)
Upon every person engaged within the city in or carrying on the sale, delivery,
distribution or furnishing of natural gas for domestic, business or industrial
consumption, a fee or tax equal to six percent of the total gross revenue from such
business in the city;
(5)
Upon every public utility district engaged in or carrying on the sale of electricity
within the city limits, a fee or tax equal to five percent of the total gross revenue from
such business in the city, except for revenues derived from the sale of electricity for
the purpose of resale.
PROPOSED CITY CODE
Arlington, Washington, Code of Ordinances >> Title 3 - REVENUE AND FINANCE >> Chapter
3.16.040 - OCCUPATION TAXES >>
Chapter 3.16 - OCCUPATION TAXES
3.16.040 - Business activities subject to tax—Amounts.
There is levied upon and shall be collected from all persons engaging in the following utility
business activities a utility gross receipts tax or license fee measured by multiplying the rate specified
times the gross income as follows:
(1)
Upon every person engaged within the city in the business of selling or supplying
domestic water, sewer service, or stormwater servicecollecting or disposing of
garbage and/or sewage or other wastes, a fee or tax equal to five percent of the
total gross income;
(2)
Upon every person engaged within the city in or carrying on a coaxial television
cable distribution business, a fee or tax equal to six eight percent of the total gross
income from such business in the city during the current calendar year from which
the license is required;
(3)
Upon any telephone business there shall be levied a tax equal to six percent of the
total gross operating revenues, including revenues from intrastate toll, derived from
the operation of such business within the city;
(4)
Upon every person engaged within the city in or carrying on the sale, delivery,
distribution or furnishing of natural gas for domestic, business or industrial
consumption, a fee or tax equal to six percent of the total gross revenue from such
business in the city;
(5)
Upon every public utility district engaged in or carrying on the sale of electricity
within the city limits, a fee or tax equal to five six percent of the total gross revenue
from such business in the city, except for revenues derived from the sale of
electricity for the purpose of resale.
(6)
Upon every person engaged within the city in the business of collecting or disposing
of garbage and/or other wastes, a fee or tax equal to eight percent of the total gross
income;
RESOLUTION NO. 2011-xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED
ELECTORS OF THE CITY AT THE FEBRUARY 14, 2012 SPECIAL
ELECTION OF A PROPOSITION AUTHORIZING AN ADDITIONAL SALES
AND USE TAX AT THE RATE OF 0.1 PERCENT PURSUANT TO RCW
82.14.450 TO BE USED EXCLUSIVELY FOR CRIMINAL JUSTICE
PURPOSES; PROVIDING A FORM OF THE BALLOT PROPOSITION;
ENTERING LEGISLATIVE FINDINGS; AND PROVIDING DIRECTION TO
STAFF.
WHEREAS, ensuring the protection and safety of the Arlington community is a
fundamental priority of the City of Arlington; and
WHEREAS, the recent economic downtown has significantly reduced the financial
resources available to the City, including the resources available for criminal justice activities;
and
WHEREAS, the Washington Legislature has recently amended RCW 82.14.450 to
authorize cities to submit a proposition to local voters approving a sales and use tax increase, the
revenues from which may be utilized for criminal justice purposes; and
WHEREAS, in accordance with RCW 82.14.450, the City Council desires to submit a
proposition to local voters authorizing an additional sales and use tax at the rate of 0.1 percent of
the selling price and 0.1 percent of the value of the article used, respectively, the revenues from
which will be used by the City exclusively for criminal justice purposes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Findings. The above recitals are hereby adopted as legislative findings by the
City Council. The City Council further finds that the best interests and general welfare of the
City of Arlington would be served by imposing a 0.1 percent increase in the local sales and use
tax rate and utilizing the revenues collected from said tax for criminal justice purposes.
Section 2. Election. The Snohomish County Auditor, as ex officio supervisor of elections,
is hereby requested to submit to the qualified electors of the City of Arlington the proposition set
forth in Section 3 of this resolution at the February 14, 2012 election to be held within the City.
Section 3. Ballot Proposition. The City Clerk is hereby authorized and directed, no later
than December 30, 2011, to certify the following proposition to the Snohomish County Auditor
in substantially the following form:
CITY OF ARLINGTON
PROPOSITION NO. ____
SALES AND USE TAX INCREASE FOR
CRIMINAL JUSTICE PURPOSES
The City Council of the City of Arlington has adopted Resolution
No. 2011-xxx concerning a sales and use tax pursuant to RCW
82.14.450. If approved, this proposition would authorize an
additional sales and use tax at the rate of 0.1 percent to be used
exclusively for criminal justice purposes. Should this proposition
be
APPROVED? ……………….
REJECTED? …………………
Section 4. Changes. The Mayor and City Attorney are authorized to make such minor
adjustments to the wording of such proposition as may be recommended by the Snohomish
County Auditor, provided that the intent of the proposition remains clear and consistent with the
intent of this resolution as approved by the City Council.
Section 5. Effective Date. This resolution shall take effect and be in full force
immediately upon passage by the City Council.
PASSED by the City Council of the City of Arlington this _____ day of
__________________, 2011.
CITY OF ARLINGTON
___________________________
Margaret Larson, Mayor
Attest:
_____________________________
Kristin Banfield, City Clerk
Approved as to form:
______________________________
Steven J. Peiffle
City Attorney