Loading...
Ordinance 33710006.080.042 RJM/amg 05/25/01:R 06/07/01:R ORDINANCE NO. 3371 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO BLACK ROCK CABLE, INC. TO OPERATE AND MAINTAIN AN OPEN VIDEO SYSTEM IN THE CITY OF EDMONDS, SETTING FORTH THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, Black Rock Cable, Inc., DBA Black Rock Cable ( "Black Rock "), a Nevada Corporation, desires to operate an open video telecommunications system in the rights- of -way of the City of Edmonds; and WHEREAS, negotiations between Black Rock and the City have been completed and the franchise process followed in accordance with applicable law; and WHEREAS, the City Council has determined that it is in the public interest to grant Black Rock's request; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. For the purposes of this Ordinance the following terms, phrases, words, and their derivations shall have the meaning set forth in this Section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. {RJM438278.DOC;1/00006.080042/} - 1 - The words "shall" and "will" are mandatory and the word "may" is permissive. Where a term in the Franchise is not defined in this Section and there is a definition for the term in the Cable Communications Policy Act of 1984, or the Cable Television Consumer Protection and Competition Act of 1992, or the Telecommunications Act of 1996, all as codified at 47 U.S.C. §§ 521 et seq. (hereinafter collectively referred to as the "Cable Act "), the Cable Act definition shall apply. Other terms in the Franchise, which are not defined in this Section, shall be given their common and ordinary meaning. (a) "Access Channels" means channels set aside by the Operator exclusively for noncommercial public, educational, or governmental use (commonly referred to as "PEG" channels). (b) The "Act" means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996 and any subsequent amendments. (c) "Addressability" means the ability of a system allowing the Operator to authorize specific equipment to receive, change or to cancel any or all specified programming. (d) 'Basic Cable Service" means the lowest level of service regularly provided to all Subscribers that includes the retransmission of local broadcast signals. (e) "Cablecast" means the distribution of programming, which originates within the facilities of the cable television system. (f) "Cable Facilities" means equipment and wiring used to transmit audio and video signals to subscribers. {RJM438278.DOC;1/00006.080042/1 - 2 - (g) "Cable Service" shall mean (1) the one -way transmission to Subscribers of video programming or other services; and (2) Subscriber interaction, if any, which is required for the selection of such video programming or other service. (h) "Cable system" or "Open Video System" or "system" means a facility, consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service and other service to subscribers pursuant to FCC rules 47 CFR 1500. (i) "Channel" or "cable channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television signal as defined by the Federal Communications Commission. 0) "Character generator" means a device used to generate alpha numerical programming to be cablecast on a cable channel. Washington. capacity. (k) "City" means the City of Edmonds, a municipal corporation of the State of (1) "Council' means the City of Edmonds Council acting in its official (m) "Data Communication" means (1) the transmission of encoded information or (2) the transmission of data from one point to another. (n) "Dwelling units" means residential living facilities as distinguished from temporary lodging facilities such as hospitals, hotel and motel rooms and dormitories, and includes single family residential units and individual apartments, condominium units, mobile homes, extended care facilities and other multiple family residential units. {RJM43 8278.DOC; 1/00006.080042/1 - 3 - (o) "Emergency" means a condition of imminent danger to the health, safety, and welfare of property or persons located within the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars. (p) "FCC" means the Federal Communications Commission, a regulatory agency of the United States government. (q) "Fiber Optics" means the technology of guiding and projecting light for use as a communications medium. (r) "Franchise" shall mean the initial authorization, or renewal thereof, issued by the City which authorizes construction and operation of a cable system or open video system for the purpose of offering cable service or other service to subscribers. (s) "Gross revenues" means any and all revenues (as that term is defined by generally accepted accounting principles) received directly or indirectly from all sources, which arise out of or are derived from the operation of the Operator's cable system in the City. When the revenue of the Operator includes gross revenues from sources outside of the City, the Operator shall prorate the gross revenues among its sources by multiplying such gross revenues by a fraction the numerator of which is the number of the Operator's subscribers in the City and the denominator of which is the total number of all the Operator's subscribers. "Gross Revenues" shall not include the following: 1. Fees and payments from subscribers who do not live in the City; 2. Taxes on services furnished by the Operator, which are imposed on any subscriber or used by any governmental unit, agency or instrumentality and which are collected by the Operator for such entity; 3. Bad debt write -offs; {RJM438278.DOC;1/00006.080042/} - 4 - 4. Revenue from the sale of equipment or other assets of the cable system to persons not purchasing services from the cable system; Operator; 5. Revenue from transactions involving real property owned or leased by the 6. Amounts collected from Subscribers as a franchise fee to be paid to City. (t) "Headend" means the electronic equipment located at the start of a cable system, usually including antennas, preamplifiers, frequency converters, demodulators and related equipment. (u) "Installation" means the connection of the Cable System from feeder cable to subscribers' receivers. (v) "Institutional Networks (I- Nets)" means that portion of a cable system, which is designated principally for the provision of non - entertainment services to public schools, or public agencies such as public libraries separate and distinct from the subscriber network, or on secured channels of the subscriber network. (w) "Interactive services" means services provided to subscribers where the subscriber (i) receives information consisting of either television or other signals and transmits signals generated by the subscriber or equipment under his /her control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; and (ii) has the ability to transmit signals to any other location for any purpose. (x) "Office" means the person or entity designated by the City as being responsible for the administration of a Franchise for the City. (y) "Operator" means Black Rock Cable, Inc., a Washington corporation. {RJM438278.DOC;1/00006.080042/1 -5 - (z) 'Premium services" means video programming offered on a pay -per- channel or pay - per - program basis. (aa) "Property of Operator" means all property owned, installed or used by the Operator in the conduct of its business in the City under the authority of the Franchise granted pursuant to this Ordinance. (bb) "Public Way," "Public Right -of -Way" or "Street" means the surface, the air space above the surface and the area below the surface of any public street, including, but not limited to, any public alley, boulevard, drive, easement, right -of -way or sidewalk under the jurisdiction of the City. (cc) "Subscriber" means a person or entity or user of the cable system who lawfully receives cable services or other service therefrom with the Operator's express permission. Section 2. Purpose This Ordinance shall establish a non - exclusive Franchise and shall constitute an agreement between the City and Black Rock Cable, Inc., (hereinafter the "Operator "). The Operator is authorized to construct, maintain, and operate an open video system for the distribution of television and other electronic signals pursuant to the terms of this Franchise. The City agrees to grant the Operator, consistent with applicable City codes, all necessary rights and privileges to use public rights -of -way necessary for the open video system. Section 3. Term of Franchise. A. The length of this Franchise shall be the period of time between the Effective Date of this Franchise, through midnight April 26, 2011 subject to the conditions specified in Section 34: Performance Review Extension. NM438278.DOC;1/00006.080042/} - 6 - B. Prior to the granting renewal of this Franchise, the City Council shall conduct a public hearing to determine the following: 1. Whether the Operator has substantially complied with the material terms of this Franchise and with applicable law; 2. Whether sufficient capacity continues to exist of public rights -of -way to accommodate the Open Video System; and 3. The degree of potential disruption to existing users of the public rights -of- way to be used by the Open Video System and the resultant inconvenience which may occur to the public from the continued operation of the Open Video System. Section 4. Service Area The Operator's service area shall be the entire incorporated area of the City of Edmonds, in its present incorporated form or in any later reorganized, consolidated, enlarged, or re- incorporated form. Section 5. Police Power In accepting this Franchise, the Operator acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power. Section 6. Rules and Regulations by the City In addition to the inherent powers of the City to regulate and control any franchise it issues, the authority granted to it by the Act, and those powers expressly reserved by the City, or agreed to and provided for in this Franchise, the right and power is hereby reserved by the City to promulgate such additional regulations as it may find necessary in the exercise of its {RJM438278.DOC;1/00006.080042/} - % - lawful powers giving due regard to the rights of the Operator. Except as noted above, the foregoing does not allow for amendment by the City of material terms of this Franchise it issues without the consent of the Operator. The City Council reserves the right to delegate its authority for franchise administration to a designated agent. Section 7. Construction Standards All Cable Facilities constructed under this Franchise shall be placed and maintained at such places and positions in or upon such streets, avenues, alleys and public places as shall not interfere with the passage of traffic and the use of adjoining property, and shall conform to the applicable section of the National Electrical Code, codes of the State of Washington, and City codes, regulations, standards and policies pertaining to such construction. Cable Facilities shall be placed in the Public Ways in accordance with the provisions of Section 9 hereof. At least ten (10) days prior to the intended construction of cable facilities, the Operator shall inform all residents and businesses in the affected area that a construction project will commence, the dates and nature of the project, and a toll -free telephone number, which may be called for further information. A pre - printed door hanger may be used for this purpose. Section 8. Notice of Entry on Private Propert y A. General Notice. At least twenty -four (24) hours prior to entering private property or streets or public easements adjacent to or on such private property to perform new plant construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted upon the affected property. The Operator shall make a good faith effort to comply with the property owner or Subscriber's preferences, if any, on location or placement of underground installations consistent with sound engineering practices. {RJM438278.DOC;1/00006.080042/} - 8 - B. Emergency Repairs. Notice requirements of Section 7 shall not apply to entry upon private property to perform repairs at the Subscriber's request or in the event of system outage repairs or other emergencies in which insufficient time is available to provide notice to subscribers. C. Restoration of Propert y. After performance of work, the Operator shall restore private property as nearly as practicable to its condition prior to construction. Any disturbance of landscaping, fencing, or other improvements on private property shall, at the sole expense of the Operator, be promptly repaired and restored (including replacement of such items as shrubbery and fencing) to the reasonable satisfaction of the property owner or Subscriber. Section 9. Undergrounding and Landscaping A. The undergrounding requirements of this Section shall apply only to Cable Facilities which are reasonably capable of being placed underground based upon standard industry practices. This Section shall not apply to antennas, other facilities which are required to remain above ground in order to be functional, or to active and passive electronic components such as amplifiers, junction boxes, and tap boxes. Where there is a conflict or inconsistency between the undergrounding provisions of this Ordinance and other ordinances of the City, the provisions of this Ordinance shall govern. B. In any city block (or comparably sized area) of the City in which there are no aerial telephone or cable television facilities, other than antennas or other facilities required to remain above ground in order to be functional, or in any Public Way in which all telephone, electric power wires and cables capable of being placed underground have been placed underground, the Operator shall not be permitted to erect poles or to run or suspend wires, cables or other facilities thereon, but shall lay such wires, cables or other facilities underground in the {RJM438278.DOC;1/00006.080042/} - 9 - manner required by the City. The Operator acknowledges and agrees that if the City does not require the undergrounding of its Cable Facilities at the time of initial installation, the City may, at any time in the future, require the conversion of the Operator's above - ground and /or aerial Facilities to underground installation at the Operator's expense, in conjunction with other affected cable television and telecommunications facilities, all as provided by applicable law. C. Whenever the City requires the undergrounding of above - ground and/or aerial utilities in any area of the City, the Operator shall underground its above - ground and/or aerial Facilities in the manner specified by the City, concurrently with and in the afea of all the other affected utilities. The location of any such relocated and underground utilities shall be approved by the City. The Operator shall underground its Facilities at its own expense to the extent required by law. The Operator is encouraged to contact and agree with other affected utilities so that all costs for common trenching, common utility vaults and other costs not specifically attributable to the undergrounding of any particular facility are borne fairly and proportionately by all the utilities involved in the underground project. Section 10. Construction in Rights -of -Way A. Notification of City Development Services Department. The Operator shall submit an application for permit to perform work in the City's rights -of -way. Permits to perform work in the City's rights -of -way shall be available on the basis of the most favorable terms and conditions of any other franchisee or utility. The City shall provide an annual master permit process for the cable system. No work, other than emergency repairs shall commence without such a permit. Emergency repairs may be made immediately with notification given to the City no later than the next business day. {RJM438278.DOC;1/00006.080042/1 _10- B. Installation. In accordance with the permit issued, all transmission lines, equipment, and structures shall be located and installed so as to cause minimum interference with the rights and reasonable convenience of property owners, and at all times shall be maintained in a safe condition, and in good order and repair. Per the Manual on Uniform Traffic Control Devices, latest edition, suitable barricades, flags, lights, flares, or other devices shall be used at such times and places as are reasonably required for the safety of the public. Any poles or other fixtures placed in any street by the Operator shall be placed in such manner as not to interfere with the usual travel on such public way. C. Interference with Use of Streets. The Operator must submit an application for permit to perform work in the rights -of -way for all work performed by the Operator in such areas. When installing, locating, laying, or maintaining facilities, apparatus, or improvements, the Operator shall not interfere with the use of any street to any greater extent than is necessary, and shall leave the surface of any such street in as good condition as it was prior to performance by the Operator of such work. Any facility, apparatus, or improvement under this Franchise shall be laid, installed, located, or maintained in conformance with City Codes and Standards, and to the reasonable satisfaction of the City. In any event, the Operator shall, at its own expense, and to the reasonable satisfaction of the City in accordance with the terms of the permit to perform work in the rights -of -way, restore to City standards and specifications any damage or disturbance caused to streets as a result of the Operator's construction or operations. D. Relocation and Removal. Upon receipt of thirty (30) days prior written notice, the Operator, at its own expense, shall protect, support, temporarily disconnect, relocate, or remove any of its property when, in the judgement of the City Engineer, the same is required by reason of traffic conditions, public safety, and /or improvements by governmental agencies. {RJM438278.DOC;1/00006.080042/} - 11 - Nothing herein shall be deemed a taking of the property of the Operator, and the Operator shall be entitled to no surcharge by reason of this Section. After receipt of thirty (30) days prior written notice, upon failure of the Operator to commence, pursue, or complete any work required by the provisions of this Franchise to be performed on any street, within the reasonable time prescribed and to the reasonable satisfaction of the City, the City may, at its option, cause such work to be done, and the Operator shall pay to the City the reasonable cost thereof within thirty (30) days after receipt of demand. E. Location of Facilities. The Operator agrees to provide the City with a map or maps which shall show the vertical and horizontal location of its facilities within the Franchise Area using a minimum scale of one inch equals one hundred feet (1'= 100'), measured from the center line of the rights -of -way, which maps shall be in hard copy plan form acceptable to the City and in Geographical Information System (GIS) format. This information shall be provided within ninety (90) days of the effective date of this Franchise, or, if no facilities are installed at that time, within ninety (90) days of installation. Said maps shall be updated at least every twelve (12) months thereafter. Section 11. Safety Requirements A. The Operator, in accordance with applicable National, State, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public. B. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of the franchise area, wherever {RJM438278.DOC;1/00006.080042/} -12- situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. C. The City reserves the general right to see that the system of the Operator is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Operator, establish a reasonable time for the Operator to make necessary repairs. If the repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Operator. Section 12. Building Moving Whenever any person shall have obtained permission from the City to use any street for the purpose of moving any building, the Operator, upon seven (7) days written notice from the City, shall raise or remove, at the expense of the permittee desiring to move the building, any of the Operator's wires or facilities which may obstruct the removal of such building; provided that the moving of such building shall be done in accordance with regulations and general ordinances of the City. Where more than one street is available for the moving of such building, the building shall be moved on such street as shall cause the least interference. In such event, the City shall be responsible for determining the path of least interference. It is further provided that the person or persons moving such building shall indemnify and save harmless the Operator of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly for such temporary arrangement of the lines and poles of the Operator. Section 13. Tree Trimming WM438278.DOC;1/00006.080042/1 - 13- In accordance with City ordinances, the Operator shall have the authority to trim and remove trees upon and overhanging streets, public ways and places in the Franchise Area so as to prevent the branches of such trees from coming into contact with wires and cables of the Operator and, if necessary, to clear a microwave path. The Operator shall be responsible for debris removal from such activities. Section 14. Franchise Fee A. The Operator shall pay to the City quarterly, on or before the last day of each calendar quarter, a sum equal to five percent (5 %) of Gross Revenues, for the preceding three calendar months. Gross Revenues that are derived as a portion of a national or regional service shall be computed on a per subscriber basis if such determination cannot be achieved by other means. B. The franchise fee payable by the Operator to the City on Gross Revenues derived from any non -cable television - related programming product or other communication services such as interactive data, telephone transmission or other communications products or services, which is delivered to the Subscriber by using public rights -of -way, shall be at the same rate as the fee, tax, assessment or other revenue payable to the City by other providers of the same product or services within the City. C. The City may modify the franchise fee if so permitted by Federal and State law. Prior to implementation of any modification in franchise fees the Operator may request a public hearing by the City Council to discuss said modification. Following such a hearing the City Council may require the implementation of such modification in accordance with the provisions of this Ordinance. {RJM438278.DOC;1/00006.080042/} -14- D. Any quarterly franchise fee not paid by the Operator within thirty (30) days after the end of a calendar quarter shall bear interest at the rate of twelve percent (12 %), per annum or whatever maximum amount is allowed under State law, whichever is greater, from the due date until paid. E. Each franchise fee payment shall be accompanied by a financial report on a form provided by the City showing the basis of the Operator's computation for each income segment as indicated. Gross Revenue sources, which may not be applicable shall be clearly delineated on the report. F. The City shall have the right, upon reasonable notice of no less than ten (10) working days, to inspect the books and records of the Operator during normal business hours, for the purpose of ascertaining the actual Gross Revenues collected by the Operator during any of the five (5) previous calendar years. In the event a discrepancy exists of more than ten percent (10 %) between the financial report submitted by the Operator with a quarterly payment and the actual Gross Revenues collected by the Operator, the Operator agrees to pay to the City the costs of such audit. In the event that additional franchise fees are due the City, the Operator further agrees to pay interest as required for late payment on such additional franchise fees computed from the date on which such additional franchise fees were due and payable. G. Acceptance of any franchise fee payment by the City shall not be construed as an agreement by the City that the franchise fee paid is in fact the correct amount, nor shall acceptance of payment by the City be construed as a release or waiver of any claim the City may have for further or additional sums payable under the provisions of this Franchise. H. Nothing in this Section shall limit the Operator's obligation to pay applicable local, State, or Federal taxes. {RJM438278.DOC;1/00006.080042/} -15 - Section 15. Technical Standards Subject to Federal, State and local law, the Operator shall comply with FCC rules, and, at the minimum, the following: 1. Applicable City, State and National/Federal Codes and Ordinances; 2. Applicable Utility Joint Attachment Practices; 3. The National Electric Safety Code; ANSI C2; 4. City Utility Code Requirements; 5. City Rights -of -Way Procedures; 6. Bell System Code of Pole Line Construction The Operator shall also make available a copy of the results of the proof of performance tests to the City at the same time as submission to the FCC. Section 16. Reports A. The Operator shall furnish, upon written request, made by the City not more often than once each calendar year a report of its activities as appropriate. Such report shall include: 1. Most recent annual report of the Operator, if the Operator is required to file annual reports with the Securities Exchange Commission. 2. The number of homes passed. 3. The number of subscribers with basic services. 4. The number of subscribers with premium services. 5. The number of hook -ups in period. 6. The number of disconnects in period. 7. Total number of miles of cable in City. {RJM438278.D0Q1/00006.080042/} -16- 8. Such other reports with respect to its local operation, affairs, transactions or property as are necessary to monitor compliance with this Agreement and the Ordinance. B. The Operator shall have not less than sixty (60) days to prepare and submit this report. Section 17. Periodic Meetings Upon request, but not more than once during any calendar year, the Operator shall meet with designated City officials and/or designated representative(s) of the City to review the performance of the Operator for the preceding period. The Operator shall be given not less than thirty (3 0) days' prior written notice of any such meeting. The subjects may include, but are not limited to, Franchise compliance Section 18. Cable System Evaluation In addition to periodic meetings, and with written notice of not less than five (5) business days so that the Operator can arrange to have necessary personnel present, the City may require reasonable evaluation sessions at any time during the term of this Franchise. It is intended that such evaluations cover areas such as the Operator's performance under and compliance with the terms of this Franchise. Section 19. Record Inspection Subject to statutory and constitutional limits and upon not less than ten (10) business days' advance written notice, the City reserves the right to inspect the records of the Operator, which are not a part of its public files but which are necessary for the enforcement of this Franchise, during normal business hours provided that the City shall maintain the confidentiality of any trade secrets or other proprietary information in the possession of the Operator. Such documents shall include such information as financial records, subscriber {RJM438278.DOC1-1/00006.080042/1 -17- records and plans pertaining to the Operator's operation in the City. Provided, nothing in this Franchise shall be read to require the Operator to violate state or federal law respecting Subscriber privacy, nor shall this Franchise be read to require the Operator to disclose confidential or proprietary information without adequate safeguards to protect its confidential or proprietary nature. Section 20. External Franchising Costs Prior to expenditure of capital for any Franchise - related requirements that would be treated as an external cost passed through to Subscribers, the Operator shall notify the City of its intent to exercise its right and the amount to be passed through to Subscribers. The City may waive the Franchise - related requirement if, in the City's opinion, the increase in rates would be a burden on City ratepayers. Section 21. Transfer of Ownership A. This Franchise shall not be sold, transferred, leased, assigned, or disposed of in whole or in part either by sale, voluntary or involuntary merger, consolidation or otherwise, unless approval is granted by the City Council to ensure a review of unforeseen circumstances not present at the time of the original Franchise approval. The City's approval shall not be unreasonably withheld. Such costs associated with this review process shall be reimbursed to the City by a new prospective Franchisee. B. An assignment of this Franchise shall be deemed to occur if there is an actual change in control or where ownership of fifty percent (50 %) or more of the beneficial interests, singly or collectively, are obtained by other parties. The word "control" as used herein is not limited to majority stock ownership only, but includes actual working control in whatever manner exercised. {RJM438278.DOC;1/00006.080042/} - 18- C. The Operator shall promptly notify the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of the Operator's company. Every change, transfer, or acquisition of control of the Operator's company shall cause a review of the proposed transfer. In the event that the City adopts a resolution denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel this Franchise. Approval shall not be required for mortgaging purposes or if said transfer is from the Operator to another person or entity controlling, controlled by, or under common control with the Operator. D. The City will exercise such regulatory control as it has under the Act to monitor ownership, control, utilization and transfer of this Franchise. Section 22. Removal & Abandonment of Property of Franchisee A. The City may direct the Operator to temporarily disconnect or bypass any equipment of the Operator in order to complete street construction or modification, install and remove underground utilities, or for other reasons of public safety and efficient operation of the City. Such removal, relocation or other requirement shall be at the sole expense of the Operator. B. In the event that the use of any part of the cable system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or property has been installed in any street or public place without complying with the requirements of this Franchise or other City ordinances or the Franchise has been terminated, cancelled or has expired, the Operator shall promptly, upon being given ten (10) days' notice, remove within ninety (90) days from the streets or public places all such property and poles of such system other than any which the City may permit to be abandoned in place which permission shall not be unreasonably withheld. In the event of such removal, the Operator shall promptly restore the {RJM438278.DOC;1/00006.080042/} -19- street or other areas from which such property has been removed to a condition reasonably satisfactory to the City. C. Any property of the Operator remaining in place ninety (90) days after the termination or expiration of this Franchise shall be considered permanently abandoned unless the Franchisee has commenced removal within a reasonable time. D. Any property of the Operator to be abandoned in place shall be abandoned in such manner as the City shall prescribe. Upon permanent abandonment of the property of the Operator in place, the property shall become that of the City, and the Operator shall submit to the City Clerk an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property. None of the foregoing affects or limits the Operator's rights to compensation for an involuntary abandonment of its property under State, or Federal law. Section 23. Revocation for Cause This Franchise may be terminated during its term for repeated failure by the Operator to comply with material provisions hereof or FCC Regulations. The procedure to be followed resulting in termination for any of the above reasons, save the Operator's request, shall be: 1. The City Council shall identify the deficiencies or noncompliance and shall direct the Operator, in writing, to correct such deficiencies or comply with such regulations within thirty (30) days or a reasonable period of time. 2. Failure to comply with the provision of (a) above will cause the matter of noncompliance to be brought before the City Council for hearing. 3. At such hearing the Operator and other interested Parties shall be given fair opportunity for full participation, including the right to introduce evidence, to require the { RJM438278.DOC;1/00006.080042/} -20- production of evidence, and to question witnesses. The City Council, or its designee, acting as hearings officer, will make the determination as to whether any non - compliance or deficiency was without just cause. In the event the City Council finds that such non- compliance or deficiency was without just cause, the City Council may in its sole discretion fix an additional time period to cure such deficiency(ies). If the deficiency has not been cured at the expiration of any additional time period or if the Council does not grant any additional period, the City Council may by ordinance declare the franchise to be terminated and forfeited. 4. If the Operator appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided the Operator is otherwise in compliance with this Franchise. 5. Nothing contained in the above subsections of this Section shall prevent the issuance of a new franchise containing terms substantially the same or identical to a franchise which previously was revoked, upon satisfactory assurances made to the City Council that the terms and conditions of this Ordinance can be met by the new Operator. Section 24. Effect of Termination for Non-Compliance This Franchise is terminated by the City by reason of the Operator's non- compliance, that part of the system under this Franchise located in the streets and public property, shall, at the election of the City, become the property of the City in accordance with the City's as well as the Operator's rights and remedies under State and Federal law. If the City, or a third party, does not purchase the system, the Operator shall, upon order of the City Council, remove the system as required under Section 22: Removal & Abandonment of Property of Franchisee of this Ordinance. Section 25. Penalties {RJM438278.DOC;1/00006.080042/} -21- A. The City shall notify the Operator. in writing stating the nature of any perceived failure by the Operator to comply with conditions of this Franchise and setting forth a reasonable time within which the Operator will be allowed to rectify such alleged improper condition. The Operator may request an extension of time if construction or other performance is suspended or delayed by the City, or where unusual weather, acts of God (e.g. earthquakes, floods, etc.), extraordinary acts of third parties, or other circumstances which are reasonably beyond the control of the Operator delay or impair performance provided that the Operator has not, through its own actions or inactions, contributed to the delay. The extension of time in any case shall not be greater than the extent of the actual non - contributory delay experienced by the Operator. B. Failure of the Operator to correct these deficiencies, except in those circumstances cited above, may result in the City calling a hearing with reasonable prior notice to the Franchise, to determine if penalties should be imposed upon the Operator or if a violation of this Franchise has occurred in accordance with Section 23 Revocation for Cause. C. Such hearing shall be informal and shall be conducted by the City's designated department head or other person in a way which provides the Operator with an opportunity to be heard prior to a finding by the City regarding violation of this Franchise. The decision shall be in writing and include findings of fact and conclusions. The City's decision shall be based upon a preponderance of the evidence and only substantial and competent evidence shall be considered. The Operator shall have the right to seek de novo judicial review of any adverse finding by filing a written notice of appeal with the Snohomish County Superior Court within twenty (20) calendar days of receipt of the written decision. If federal jurisdictional standards are met, the Operator may alternatively seek review of any federal question in the {RJM438278.DOC;1/00006.080042/} -22- United States District Court for the Western District of Washington at Seattle within said twenty (20) day period. In the event of an appeal, the prevailing party shall be entitled to its reasonable costs and attorney fees. D. If a final determination is made that the Operator is in violation of this Franchise, monetary penalties of five hundred dollars ($500.00) per day shall be imposed for each day beyond thirty (30) days that the Operator has not fulfilled the requirement(s): 1. PEG access channel allocations as required by Section 32: PEG Access Channels & Cablecasting Equipment. 2. Public access facilities as required Section 32: PEG Access Channels & Cablecasting Equipment. 3. Provision of equipment and funds for educational access cablecasting as required by Section 32: PEG Access Channels & Cablecasting Equipment. 4. Provision of equipment and funds for government access cablecasting as required Section 32: PEG Access Channels & Cablecasting Equipment. E. Monetary penalties may be assessed retroactive to the date that was provided to the Operator in such cases where the Operator has been non- responsive in correcting the situation or in the case of flagrant violations. If payment of any of these penalties is delinquent by three (3) months or more, the City may require partial or total forfeiture of any performance bond or other surety posted by the Operator. These provisions benefit the City. All damage awards or penalties shall be paid to the City. This Section does not create a private right of action for the benefit of subscribers. Section 26. Indemnity & Hold Harmless {RJM438278.DOC;1/00006.080042/1 -23- The Operator shall indemnify and hold harmless the City from any and all liabilities, fees, costs and damages, except in the case of judicially determined gross negligence and/or willful misconduct of the City, whether to person or property, or expense of any type or nature which may occur to the City by reason of the construction, operation, maintenance, repair and alteration of the Operator's facilities or any other actions of the Operator in the City. In any case in which suit or action is instituted against the City by reason of damage or injury caused by the Operator, the City shall cause written notice thereof to be given to the Operator and the Operator thereupon shall have the duty to appear and defend any such suit or action, without cost or expense to the City. Section 27. Insurance A. The Operator shall, concurrently with the filing of an acceptance of this Franchise, furnish to the City and file with the City Clerk and at all times during the existence of this Franchise, maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy, for the purpose of protecting the City and all persons against liability for loss or damage, for personal injury, death and property damage, and errors or omissions, occasioned by the operations of the Operator under this franchise, such policy to provide minimum limits of One Million Dollars ($1,000,000.00) for both personal injury and/or property damage. B. The policies mentioned in the foregoing paragraph shall name the City as additional insured and shall contain a provision that a written notice of cancellation or reduction in coverage of said policy shall be delivered to the City thirty (30) days in advance of the effective date thereof. If such insurance is provided by a policy which also covers the Operator {RJM438278.D0C;1/00006.080042/} -24- or any other entity or person other than those above named, then such policy shall contain the standard cross - liability endorsement. Section 28. Performance Bond The Operator shall promptly repair or cause to be repaired any damage to City property caused by the Operator or any agent of the Operator. The Operator shall comply with all present and future ordinances and regulations regarding excavation or constriction and, if deemed necessary by the City, shall be required to post a performance bond or other surety acceptable to the City in an amount specified by the City in favor of the City warranting that all restoration work will be done promptly and in a workmanlike manner and that penalties, if any, after final adjudication are paid to tie City within ninety (90) days of such finding. Section 29. Recourse Against Bonds and Other Security A. Bonds and other security may be utilized by the City for the purposes, including, but not limited to, reimbursement of the City by reason of the Operator's failure to pay the City any sums due under the terms of this Franchise, reimbursement of the City for reasonable costs borne by the City to correct franchise violations not corrected by the Operator after due notice; and monetary remedies or damages assessed against the Operator due to default or violations of the franchise requirements or this Franchise. B. In the event the Operator has been declared to be in default by the City under Section 23, and if the Operator fails, within thirty (30) days of mailing of the City's finding, to pay the City any franchise fee, penalties, or monetary sanctions, or fails to perform any of the conditions of this Franchise, or fails to file for judicial review of the City's findings, the City may thereafter foreclose against the performance bond and/or withdraw from any other security an amount sufficient to compensate the City's damages, with interest at the legal rate. {RJM438278.DOC;1/00006.080042/} -25- Upon such foreclosure or withdrawal, the City shall notify the Operator in writing, by First Class Mail, postage prepaid, of the amount and date thereof. C. Within thirty (30) days after mailing notice to the Operator that the City has foreclosed Operator's performance bond or that any amount has been withdrawn by the City from the other security pursuant to subsection B above, the Operator shall deposit such further bond or sum of money, or other security, as the City may require, sufficient to meet the requirements of this Franchise. D. The rights reserved to the City with respect to any bond or security are in addition to all other rights of the City whether reserved by this Franchise or authorized by law, and no action, proceeding, or exercise of a right with respect to any bond or other security shall constitute an election or waiver of any rights or other remedies the City may have. Section 30. Inconsistency If any portion of this Franchise should be inconsistent or conflict with any rule or regulation now or hereafter adopted by the FCC or other Federal law, then to the extent of the inconsistency or conflict, the rule or regulation of the FCC or other Federal law shall control for so long, but only for so long, as such rule, regulation, or law shall remain in effect; provided the remaining provisions of this Franchise shall not be effected thereby. Section 31. Emergency Override Pursuant to FCC rules, the Operator shall comply with FCC Regulations requiring installation of an Emergency Alert System (EAS) and provide an audio interrupt on all channels and video message on at least one channel during an emergency. The Operator shall establish a process, which will provide a character generated scroll and will make its best effort to furnish a voice override notifying viewers and listeners of an emergency. Subject to federal and state laws IRJM438278.DOC;1/00006.080042/1 -26- and regional planning authorities, the City may preempt the operation of the Open Video System in the event of an emergency. The City, at its option may elect to share this service with adjoining communities in the event of an emergency if such sharing is feasible with then existing technology in the system. The City shall hold the Operator, its agents, employees, officers, directors, shareholders and assigns harmless from any claims arising out of the emergency use of its transmitting facilities by the City. Section 32. PEG Access Channels & Cablecasting Equipment Pursuant to FCC rules, 47 CFR 1505, the Operator must satisfy the same public, educational and governmental access obligations as the local cable operator by providing the same amount of channel capacity for public, educational and governmental access and by matching the local cable operator's annual financial contributions towards public, educational and governmental access services, facilities and equipment that are actually used for public, educational and governmental access services, facilities and equipment. For in -kind contributions (e.g., cameras, production studios), the Operator may satisfy its obligations by negotiating mutually agreeable terms with the local cable operator, so that public, educational and governmental access services to the community is improved or increased. If such terms cannot be agreed upon, the Operator shall pay the City the monetary equivalent of the local cable operator's depreciated in -kind contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the Operator must be used to fund activities arising under Section 611 of the Communications Act. Any monetary equivalent required under this Section shall be applied only when the Operator's construction permits are approved and allow the Operator to construct its Facilities in accordance with applicable state and federal law. Section 33. Interconnection {RJM438278.D0C;1/00006.080042/} -27- A. Pursuant to FCC rules, 47 CFR 1505, the local cable operator is required to permit the Operator to connect with its public, educational and governmental access channel feeds. The Operator and the cable operator may decide how to accomplish this connection, taking into consideration the exact physical and technical circumstances of the cable and open video systems involved. If the cable and open video system operator cannot agree on how to accomplish the connection, the City may decide. The City may require that the connection occur on government property or on public rights -of -way. B. The costs of connection to the cable operator's public, educational and governmental access channel feed shall be borne by the Operator. Such costs shall be counted towards the Operator's matching financial contributions as mandated in FCC rules, 47 CFR 1505 (d) (1). Section 34. Performance Review Extension One year prior to the expiration of this Franchise, the City and the Operator shall meet for the purpose of reviewing, and at the option of either party, renegotiating any of the terms hereof, consistent with applicable federal and state laws. The City and the Operator shall also review of the current state of federal regulation and its impact on the Franchise to determine whether issues not grandfathered under the existing Franchise have impaired the Franchise's ability to meet current public need and necessity or the Operator's ability to meet business competition and receive a reasonable return on its investment in the system. The parties shall use their best efforts to reach agreement. Failure of the parties to reach agreement on any item found by the City to negatively impact public need and necessity may result in notification by the City of its intent to commence the franchise renewal process. In the event negotiation does not result in agreement, the City and Operator agree that the City may {RJM438278.DOC;1/00006.080042/} -28- initiate such review in advance of federal guidelines. Provided, however, the provisions of this Franchise shall continue in full force and effect until its expiration or the effective date of a new Franchise. Section 35. Independent Contractors This Franchise shall not be construed to provide that the Operator is the agent or legal representative of the City for any purpose whatsoever. The Operator is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner whatsoever. Section 36. Franchising Costs The Operator shall reimburse the City for franchising costs at a sum not to exceed $2,500.00. Reimbursement required under this Section shall only become due and payable when the Operator's construction permits are approved and allow the Operator to construct its Facilities in accordance with applicable state and federal law. Section 37. Entire Agreement This Franchise represents all of the covenants, promises, agreements, and conditions, both oral and written, between the parties. However, the City reserves the right to waive any of these requirements without affecting the applicability of other sections not so specifically waived. Waiver of any Franchise requirement by the City must be in writing in order to be effective. assigns. Section 38. Successors or Assigns This Franchise shall be binding upon the Operator, its heirs, successors, and Section 39. Acceptance {RJM43 8278.DOC -1 1 /00006.080042/1 -29- This Franchise and its terms and provisions shall be accepted by the Operator by the submission of a written instrument, executed and sworn to by a corporate officer of the Operator before a Notary Public, and filed with the City within thirty (30) days after the effective date of this Franchise. Such instrument shall evidence the unconditional acceptance of this Franchise and the promise to comply with and abide by all its lawful provisions, terms and conditions. Section 40. Notice Written notices shall be deemed to have been duly served if delivered in person to the individual or entity for whom it was intended, or if delivered at or sent by registered or certified United States mail to the last business address known to the party who gives the notice. All notices and requests shall be addressed to the City of Edmonds and the Operator as follows: CITY OF EDMONDS 121 Fifth Avenue North Edmonds, WA 98020 BLACK ROCK CABLE 2544 Mt. Baker Highway Bellingham, WA 98226 Section 41. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title, provided, however, the Franchise granted by this Ordinance shall not become effective until the Operator files written acceptance thereof.. APPROVED: MA OR, G HAAKENSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE {RJM438278.D0C;1/00006.080042/} -30- APPROVED AS TO FORM: OFFICE OF Y AT Y: BY FILED WITH THE CITY CLERK: 07/13/2001 PASSED BY THE CITY COUNCIL: 07/31/2001 PUBLISHED: 08/15/2001 EFFECTIVE DATE: Upon receipt of written acceptance from Operator: 09/07/2001 ORDINANCE NO. 3371 {RJM438278.DOC;1/00006.080042/} -31 - SUMMARY OF ORDINANCE NO. 3371 of the City of Edmonds, Washington On the 31st day of July, 2001, the City Council of the City of Edmonds, passed Ordinance No. 3371. A summary of .the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO BLACK ROCK CABLE, INC. TO OPERATE AND MAINTAIN AN OPEN VIDEO SYSTEM IN THE CITY OF EDMONDS, SETTING FORTH THE TERMS AND CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 1 st day of August, 2001. " • a6W � CITY CLERK, SANDRA S. CHASE { RJM438278.DOC;1/00006.080042/1- 32 - V, 1 STATE OF WASHINGTON, cs couxTY of SNOHOMISH, Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ......... ......................... . . .... .:.... Ordinance... # 3. 71 ...................................................... ............................... City of Edmonds......_. ......... .............. ..................................................................................... ................. . . . . .. . a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: August 15, 2001 .......................................................... ............................... and that said newspaper was regularly distributed to its subscribers during all of said period. L Principal Clerk Subscribed and sworn to befAe me this .............15 lab... 20...01. ....... ............................... Mate of Washington, i County. - :V IVSJIii�-fY m; - N f Nom: PUBLIC : ,zt Al �9 �y 19, INN RECEIVED AUG 2 3 2001 B-2-1 EDMONDS CITY CLERK a SNOHOMISH COUNTY COUNCIL h SNOHOMISH COUNTY, WASHINGTON a NOTICE OF PUBLIC HEARING AND NOTICE OF INTRODUCTION OF ORDINANCE r NOTICE IS HEREBY GIVEN, that the Snohomish County Council has introduced Ordinance No. 01 -056 and will hold a public hearing on Wednesday, August 29, 2001 at the hour of 10:30 a.m., in the Jackson Board Room, 6th Floor, Snohomish County Administration Building, Everett, Washington to consider the same: ORDINANCE NO. 01-056 f AN ORDINANCE FINALIZING A SYSTEM OF ASSESSMENT FOR FRENCH SLOUGH FLOOD CONTROL DISTRICT PURSUANT TO RCW 85.38 t WHEREAS, French Stough Flood Control District has requested preparation and approval of an assessment system and sample assessment roll pursuant to RCW 85.38.160; and WHEREAS, the preliminary system of assessment has been filed w tit the County Council pursuant to RCW 85.38.160(2); and WHEREAS, pursuant to RCW 85.38.160(3), a public hearing on the proposed preliminary assessment system and sample i assessment roll for the District was held on August 29,2 1, at 3:00 i p.m.; and WHEREAS, notice of the public hearing on the proposed i preliminary assessment system and sample assessment roll was duty published and mailed to as owner of property within the District pursuant to the requirements of RCW 85.28.160(2); and WHEREAS, the Council has given due consideration to the proposed preliminary assessment system and sample assessment roll for the District and all properly presented objection with respect to the District; and WHEREAS, it is deemed necessary and advisable that the assessment system and sample assessment roll for the District be finalized: NOW, THEREFORE, BE IT ORDAINED, by the Snohomish County Council as follows: Section 1. The Council, having made all revisions to the assessment system it deems necessary, hereby finds and determines that the assessment system for the District is in accordance with RCW 85.38 and other applicable laws of the State of Washington, and that the assessment system described in Section 2 and 3 is hereby finalized. Section_2. The system of assessments for the District shall consist o a dual zone classification system (Zone 1 and Zone 2) . Parcels in each zone will be assessed a per acre assessment based on the relative amount of theparcel that is located within the flood zone. In addition, parcels in each zone will be assessed for either improvements or Equivalent Residential Units (ERU). An Equivalent Residential Unit (ERU) is defined as 3,500 square feet of impervious area. The determination of whether parcels are located in Zone 1 or 'Zone 2 shall be based on records and mapping of Snohomish County ZONE 1 – Includes properties that have more than 50 percent of the tparcel area Inside the 100 year flood plain and more than 50 percent 'of the parcel area landward of the District dikes. These parcels will 'be assessed 100 percent of the per acre assessment and 100 percent of either the improvements or Equivalent Residential Units assessments. ZONE 2 – Includes properties that have 50 percent or more of the parcel area outside the 100•year flood plain or that have 50 percent or more of the parcel area waterward of the District dikes (toward the Pikhuck or Snohomish River ). These parcels will have a 50 percent reducton In the per acre assessment. The determination of parcels affected by the 50 percent reduction shall be based on records and m ping by Snohomish County. These parcels will also be assessed 100 %ot a titer the improvements or Equivalent Residential Units. Based upon the area in Zone 1 of 5,138.45 acres and the area in Zone 2 of 516.39 acres, the associated dollar value of benefits for a $1,000 hypothetical assessment Is: Zone 1 = $0.185300 per acre Zone 2 = $0.092650 per acre 'Residential or agricultural parcels with improvements will be assessed a flat fee of $50 (f fly dollars . Improvements to property shall be determined from Snohomish ounty records. Uses other than residential or agricultural will be assessed a fee of $50 (fifty dollars per Equivalent Residential Unit based on impervious area. on The District shall adopt an annual budget and special assessments based upon application of the finalized system of assessments sufficient to finance the adopted budget. The District is Jurther directed to forward a copy of its resolution approving the f budget, the budget and special assessments sufficient to finance the ,budget to the Count Councll and to the County Treasurer, in accordance with RCW 85.38.170. Section 4. As provided in the RCW 85.38.170, the special assessments shall be collected by the County Treasurer. Notice of the special assessment due may be Included in the notice of property taxes due, may be included on separate notice that is mailed with the notice of property taxes due, or may be sent separately from the notice of property taxes 'due. Special assessments shall be due at the same time property taxes are due } and shall constitute liens on the land or improvements upon which they are imposed. Delinquent special assessments shall be foreclosed in the same manner, and subject to the same time schedules, Interest and penalties as delinquent property taxes. The County Treasurer may impose a fee for collodion of special assessments not to exceed one percent of The dollar value of special assessments collected. Notice of the proposed assessment amount for each property has been mailed to the individual property owners as shown by the Assessor's tax rolls. At said time and place persons objecting to the preliminary system or systems of assessment may present their objections at this public hearing. In accordance with RCW 85.38.160(3), any person objecting to the system of assessment must appeal such decision to the Snohomish Count' Superior Court within 20 days of the adoption of this ordinance. Accommodations for persons with disabilities will be provided upon request. Please make arrangements one week prior to the hearing by calling Barbara Sikorski at 4251388.3494 or TOD# 425!3883700. Date this 25th day of July, 2001. SHEILA McCALLISTER Asst. Clerk of the Council � #16100 Published: August 8, 15, 2001. 132nd Street SE Road Improvement Project Public Notice for DOE NPDES Permit Approval 1202 Snohomish County Department of Public works, 2930 Wetmore Avenue, Everett, WA 98201 -4044 is seeking coverage under the r Washington Department of Ecology's NPDES General Permit for Stormwater Discharges Associated with Construction Activities. The proposed 15 acre project, known as 132nd Street SE Improvements, is located on 132nd Street SE between Seattle Hill Road and 65th Avenue SE, In Snohomish county, southwest of the city of Snohomish in Sections 33 and 34, Township 28 North, Range :upied by the owner of the dog, or was tormenting, abusing, or saultmg the dog, or has, in the past, been observed or reported to we tormented, abused, or assaulted the,dog or was committing or erup� t t ��g to commit a crime. "D"omesticated animal" means any animal including dogs, cats, its, horses, mules, asssa, cattle, Iambs, sheep, or other animals tde to be domestic, !) "Euthanasia" means the humans destruction of an animal by a sthod that is painless to such animal either causing Instant inless unconsciousness and subsequent death or Immediate ath. 3) "Junior dog" means any dog under the age of 6 months. 3 "Licensing authority" means the Snohomish county auditor or I or her duty authorized representative. 5) "Owner" means any person, firm, corporation, organization, or partment possessing, harboring, keeping, having an interest in, or vin, control or custody of an animal. 5) "Pack of dogs" means a group of three or more dogs running ion land, either public or private, not that of their owner, when such gs are not restrained or controlled. 7) "Person" means any individual, partnership, corporation, trust, Mate, or other legal entity. 8) Potentially dongemus dog means any dog that when iprovoked: (a) inflicts bites on a human or a domestic animal either i public or private property, or (b) chases or approaches a person on the streets, sidewalks, or any public grounds in a menacing shion or apparent attitude of attack, or ea dog with a known opensity, tendency, or disposition to attack unprovoked, or to tuse injury, or otherwise threaten the safety of humans or domestic finials. 9) "Proper enclosure of a dangerous dog" means, while on the men's property, a dangerous dog shall be securely confined doors or in a securely enclosed and locked pen or structure, Affable to prevent the entry of young children and designed to ,event the animal from escaping. Such pen or structure shall have scure sides and a secure top, and shall also provide protection om the elements for the dog and comply with all applicable revisions of the Snohomish county building and zoning code. !o) "Running at large" means to be off the premises of the owner nit not under control of either the owner or competent person ones or osmotic s ?21 "Units n or ell pproachii emg the eIe1�19:1��Y9 LlT1'll`,T,IE'lII:LYIPL ���e] E�alx�• I1�5f11,[ e] ICs]t�:L'1�+Ih51l:L�'ia1;i�:1`J �Y8► 417uI��IIt` 91tii9�9 !'ILLz]L�IfiS911T���9�iL_L•� •, a71f: T. TS. r�/ d3id1�I1 ./Si[iP,t:�I1�fZ151�.fr71,R`uu VERSIONS ITWO – " A "AN PA- IK L SectioT1. Both versions o Amended rdinance No. 01.013 contain new recitals and a new ordinance secion, Section 1, which adopts the recitals as findinggs of fact. Section 2. An addMonet topic is added to the list of required administrative policies (torecasti ) and the previsions for review of administrative policies and procedures are clarified and coordinated with other code provisions. Section 2 is identical in both versions of Amended Ordinance No. 01 -013. Both versions make the same change to Section f of Ordinance No, 01 -013, as originally proposed, and the section is renumbered as Section 2. on 3. Section 3 of both ordinances is identical and no change is made to Section 2 of Ordinance No. 01 -013 as originally proposed (adding a new section SCC 26B.55.022 relating to review of impact see), except that it has been renumbered as Section 3. Sed9n 4. The two different versions of Amended Ordinance No. 01- 013 provide altematives for cladfying the procedures for administrative review or appeal of concurrency determinations. Section 4 of each version pproposes changes to Section 3 of Ordinance 01.013 as origginally proposed (adding a new section, codified as SCC 26B.55.035, titled "Concurrency determination review or appeal"). The two versions provide different al"ematives for addressing administrative appeals of concurrency determinations and are described as follows: Same Amoeal Process Clardi 1 One version of Amende rdmance o. 1 1 (Exhibit No. 206) makes clarifications to Section 3 of Ordinance No. 01 -013 as odg rally proposed (adding a new section, codified as SCC 268.55.035, tilled "concurrency determination review or appeal'. The same administrative appeal process is used, however, the pprocess is clarified. Some of the language of Section 3 of Ordinance No. of -013 as originally proposed relating to sops and standards of review has been moroanized and renumbere d as a new code the owner. m'ury" means any physical injury that results in broken An alternative sliguring lacerations requiring multiple sutures or No. 207) Is pro -ontroi" means the animal is under competent voice I control so as to be thereby restrained from any bystander or other animal and from causing or se of physical property damage when off of a leash or ses of the owner. Said animal is presumed not to be if injuries, damages, or trespass result. means acting in an unruly manner or the propensity to ich might endanger the safety of any person, animal, or other. iohomish County Code Section 9.04.040 last amended 96 -052, S 2, on July 10, 1996 is amended to read: 1.04.040 - License fee and term 1) The fee for licensing an animal under this chapter is due and sayable in full upon submitting an application. The term of a license s one year from the dale of Issuance. 2) The fens for dog and cat licenses are established as follows: c Cat license.-voluntary--$9.00 per year, d Junior dog license- -$5.00 per animal; (e)Senior citizen (65 or older)--25% discount on altered dog onl f)(rCertified)) Service Ocgs• -No charge - -free; g law enforcement agency dog license –No charge• -free; h Replacement of license tag - -$3.00 per tag; 3 fee -- 3 0 o r license. i 7 star $ 1 ran Pe )ate d this 6th day of August, 2001. SNOHOMISH COUNTY COUNCIL Snohomish County, Washington BARBARA SIKORSKI, CM! Asst. Clerk of the Council 21482 Published: August 15, 2001, 61h Floor, County Administration aunpmg 3000 Rockefeller, Everett, WA NOTI E I HEREBY GIVE that the Snohomish County Council will hoT(ja continued public eating on the date and time indicated above to consider the Planning Commission recommendations, the Executive alternative recommendations and additional proposed changes described below to, Ordinances amending Snohomish County Code Title 26B. At the hearing the council may also consider altemativeslamendmenls to the recommendations of the planning commission and/or the proposed ordinances and other changes to the ordinances. The council may continue the hearing to another date to allow additional public testimony thereafter, if deemed necessary. You are encouraged to call or stop by the council office, or visit the council website at: wow_ c snotlo1pish wa ustcouncil, to obtairdreview copies of documentation relating to the proposed actions. HI LI M RY FTHEPR P TI NS Title 2 ore no omis ounty o e sets out developer requirements for road purposes as a condst on o land use approvals. The term "road purposes" within Title 26B covers a variety of transportation system issues. The code amendments currently under consideration in the proposed ordinances relate to concurrency management, transportation demand management (fDM) and minor technical corrections or "housekeeping" changes. The ordinances propose code amendments addressing methodology for determining concurrency, changes to concurrency determinations, and administrative review of concurrency determinations and other Title 26B SCC determinations. For purposes of this ordinance, a determination that a proposed development is concurrent means that there Is adequate road capacity available to serve traffic from the development. The County Council has already held several public hearings in April, May, June and July of 2001 on both the Planning Commission's recommendations for amending Title 26B SCC ((proposed Ordinances No. 01 -010, No. Ot -012, No. 01.014 and No. tit -015) and the Executve's proposed alternative amendments to the revisions dealing with concurrency management and administrative review or flpppeeal� under Title 268 SCC (proposed Ordinances No. Of •011 and No. Oi 013). As a result of public review and comment, additional Phanges to the two Executive proposed ordinances have been preposed with differen" akematfves for council to consider. Thane additional changes were entered into the record as Amended Ordinance No. 01.011 (Exhibit No.'s 204 and 205) and Amended Ordinance No. 10 -013 (Exhibit No.'s 206 and 207) Additional opportun.% for public review and comment on the P changes is being provided at this continued hearing. The changes primer ly address the methodology for forecasting the future Ievei- of•servlce of the road system for purposes of making concurrency determinations for land development projects and the pprocess for admnistratve review or appeal of determinations under Title 268 SCC. Vie memorandum to the Gouny Council dated August 3, 2001, the Department of Public Works fo warded additional amendments to proposed Ordinance No. 01 -011 and Ordinance No. 01 -013 for consideration by the County Council at Its public hearing. (Sae Adds i %l to o I summary below). e t is notice contains a general summary of proposed amend- ments, you are encouraged to call or stop by the council office, or visit the council website at: wwwcosrohomsftweuskoundl to obtairVview copies of documentation relating to the proposed action. Summaries of the proposed changes in the amended ordinances are provided as follows: Section 1 Both versions o X;ii;ae_dbiainareo No. 01.011 contain new recitals and a new ordinance section, Section 1 that adopts the recitals as findings of fact. n . In both versions of Amended Ordinance No. 01 -011, the de n bon of "arterial unit in arrears" (SCC 26B.51.005) is clarified and the peak hours specified. Section 2 is identical in both versions of Amended Ordinance No. 01 -011. Both versions make the same changa to Section 1 of Ordinance 01 -011, as originally proposed, and the section is renumbered as Section 2. Section 3. Section 3 of both ordinances is identical and no change Is made to Section 2 of Ordinance 01.011, as, originally proposed ante No. 01.013 (Exhibit to Section 3 of Ordinance a new section, codified as determination review or that is similar to the process for administrative appeals of Issues relatingg to compliance with the State Environmental Policy Act (S EPA) determinations for a project permit. The same reorganization to the language relating to the scope and standards of review is made in this alternative version of the appeal process, however, it is not renumbered as a separate code section. Instead, the same language is included as a separate subsection of SCC 268.55.035 (subsection 5)). Section 5. ( xhibit No. 206 • Same Appeal Process version of mane No. 01 -013 only). Section 5 in the version of Ordinance No. 01 -013 that provides clarifications to the same appeal pro cess as originally proposed in Ordinance No. 01.013 adds a new section on tile socpe and standards of review of concurrency determinations to be codihad as SCC 26B.55.039. This new section contains similar language to section 3 of Ordinance 01.013 as originally proposed (adding a new section, codified as SCC 268.55.035), except that the provisions relating to the scope and standards of review of concurrency determinations have been collected and clarified and placed in a separate section numbered SCC 26B.55.039. Section (Exhibit No. me Accost Process) or Section on ame a x i it o. -U a rn t act 6 ppe versions of • t lt motive of bath ersi Process) or Section 5 A L e e Amended Ordinance No. 01 -013 are Identical. oth versions are the same as Section 4 of Ordinance 01 -013, as originally proposed (amending SCC 268.57.005 on applications for deviations), except that it has been renumbered as Section 6 in the same appeal process version of Amended Ordinance No. 01.013 and Section 5 in the SEPA -like alternative process version of Amend. Ord. No. 01- 013. Section 7. u i l �gma ADQQaI Processl or Section Phi iOA• imatve action ame Appeal lsrecess or Section 6(S PA•Like Alternative ) of bo h versions of Amended Ordinance No. 01 -013 are the same except for a difference in the code section references in subsection 4. Both versions are the same as Section 5 of Ordinance 01.013, as originally proposed (adding a new section SCC 268.57.010 on review by the hearing examiner), except that it has been renumbered as Section 7 in the same appeal process version of Amend. Ord. No. 01 -013 and Section 6 in the SEPA•like process alternative of Amended Ordinance No. 01.013 and the new section reference added. io x i s o 206- S s I P or i n i 2 7• k�l rno i ection B ame Appeal Process) or action A• i e Ifemalive) of both versions of Amended Ordinance No. 01.013 are identical. Both versions are the same as Section 6 of Ordinance 01 -013, as originally proposed (repealing existing SCC 268.57.015 on appeals procedures), except that it has been renumbered as Section 8 in the same appeal process version of Amended Ordinance No. 01.013 and Section 71n the SEPA•like process alternative of Amended Ordinane No. off 013. k I mativ . Adds a new section to nano No. 01 -013 to provide a clause. Section 9 (Same Appeal Process) Process Alternative) of both versions of of -013 are identical. Additional changes to both Amended Ordinances No. 01.011 and 01.013 have been proposed for the County Council's consideration. (See Exhibit No. 212). These changes would add a new section to chapter 268.55 SCC that creates a preapplication concurrency evaluation procedure. This new procedure would give developers the option of makin g a separate epplicahon for only a concurrency evaluation by the Department of Public Works for a proposed development project. The application for a concurrency evaluation would occur prior to the developer submitting an application for a land development project. The conurrency evaluation would be subject to administrative appeal as soon as notice of the final decision on concurroncy was published. Under the new procedure, a developer could request an evaluation of whether sufficient capacity Is forecast to exist on a particular road system so that, 'g the developer filed an application for development of a particular type and size in a particular locatlon, the Department of Public Works could evaluate whether such a proposed development could be "deemed concurrent," that is, whether the traffic from the proposed development could be accommodated without reducing the level-of-service of the road system below the adopted standard based on traffic forecasts. Citizens would receive notice of this separate application limited to the concurrency evaluation and would have an opportunity to review and comment on the application prior to a decision by the Department of Public If the department decides that the proposed development could be deemed concurrent, then a notice of this final decision would be published. Any aggrieved person would have the opportunity to appeal the concurrency evaluation within a defined time period. Appeals of the concurrency evaluation issue could be held and resolved before a developer incurred the full expense of preparing and filing a land development application. The specific proposed amendments are summarized as follows: 1. A new section is Preposed to be added to both versions of Amended Ordinance No. 01 -011 that will be codified in chapter 268.55 SCC, numbered SCC 268.55.034, and titled Optional Preapplication concurrency Evaluation:' This new code section sets out a separate procedure or making a cenurrency evaluation on a proposed land development prior to site time a development I is flied. The procedure includes how to apply, the traffic study requirements, the process for the concurcency evaluation, the effect and expiration date of a preapplication concurrency the Henry M. Jackson Board Room, 6th Flo Building, 3000 Rockefeller, MS -609, Everal the Planning Commission recommen Ord! -iance No. 01 -063. At the hearing the ( altematives/amendments to the recomme commission and/or the p sed ordinance Via memorandum to the County Council County Executive forwarded an additional Ordinance No. 01.063 for consideration by public headng. (See i' n I Pr I su While a general summary o the amendi ordinance follows, you are encouraged to office, or visit the council websfte at: to obtain/vlew copies of documentation action. HIGHLIGHTS OF SIGNIFi The proposed amendments are en regulations that unit achieve the primal additional flexibility in the application o significant revisions are as follows: 1. R' ec ired� number of� stalls. The nun certain uses is no' w to be determined on PDS and based on comparable use stuf ie schools, churches, hospitals, and others.; describing the parking stall requirements is 2. Oueuins and maneuvering are as. N evaluation, notice requirements, review and comment process, and provisions for appeal of preapplication concurrency evaluation decisions. 2. An additional change is proposed to both versions of Amended Ordinance No. 01.011, Section 6, amending SCC 26B.55.030(1), that will change the time period for changes in concurren determinations contained in proposed SCC 26B.55.030(1)(c)(iv) from one (1) year to two (2) years to better coordinate with the new forecasting and preapplication concurrency evaluation processes. 3. An additional change is proposed to both versions of Amended Ordinance No. 01 -011, Section 6, amending SCC 26B.55.030(4) to coordinate with the new preapplication concurrency evaluation process and provide that any development that has a valid pregplication concurrency approval pursuant to the new process (SC 26B.55.034) shall be deemed concurrent. 4. Anoadditional revision is made to �hoehproposed new language pationg area. S. T New provisions are parkin un er certain conditions. 4. n t d . The individual us umber requi parking stalls Is listed i use category for ease of locatingg individual The proposed provisions will be applied where parking facilities are required (E rovisions will not a It'y to individual single p P SUM AR OF PROPOSED i – ORDINANCE NO. 01 AMENDING TITLE 18 OF THE SNOHC RELATING TO PARKING RE gacti�p_ 1. States proposed findings ( inc u—f ding but not limited to how the propos with the direction of the County's C Comprehensive Plan, consistent with t components of the Countys Urban Devek the public hearing process, environments ublp is pariicipation requirements. ection . Amends SCC 18.45.010 to cla provisions. Continues to apply to all par vehicles with the exception of individual sir Section . Amends SCC 18.45.020 perish stann ends to add new provisions requiring and maneuvering space within parking are Won . Amends SCC 18.45.030 per ing sppaces to require parking for e dwellings to be within 300 feet of the builds Cron Adds new section SCC 18.45 pa ing that allows 30 percent tanden residential or commercial uses when spa and managed. Section Q. Amends SCC 18.45.040 to st spaces required" table in how parkiN described. Also similar uses are grouped facilitate ease of use. Tire number spaces to be determined on a case-by case br number of required spaces for large muff. than 50 units) is e liminated. Section 7. Amends SCC 18.45.050 portal uses to add specific parking study re( appropriate number of parking spaces for 'ga��,g�n g. Amends SCC 18.45.055 pi requir. – ef arking s aces to reorganize exit ion . Amends SCC 18.45.060 pads occupancies by msking minor grammatice Section 10. Amends SCC 18.45.070 path ise parking by making minor revisions distance of shared parking areas from ncreased from 150 feet to 300 feet. Section 12. Amends SCC 18.45.090 pf rev ions by making minor revisions for c action 13. Amends SCC 18.45.100 eve opment standards by making minor f "lion . Amends SCC 18.45.110 su acing requirements by making minor eccessibla routes of travel provisions the uniform building code standards. yle lion I Amends SCC 18.45.120 umination by making minor revisions for gg�ion�'. Amends SCC 18.45.130 and to tt To erence made to landscape requh action 17. Amends SCC 18.45.140 poi accessbe parking for persons with lak corrections. ADDITIONAL PROP On July 13, 2001 the 50unty, Executive to the County Council proposing an addition Ordinance No. 01.063 relating to Pt manufacturing uses (see Section 6 of f 18.45.040). The provision, as now included in the P( requires that parking be provided for mar 3 stalls per each IODD square feet of gro in which the use Is conducted. Current cc 1000 square feet of gross floor area. Th 1000 is proposed to address the incre industries that are highly labor Int, operations. Since certain' types of manufacturing intensive, it is desirable to maintain an allow PDS to review the parking needs f and determine the appropriate number o by -case basis. Therefore, a proposed n the "Number of Spaces Required" table that permits a case -by case review of mt with the parking study provisions of SCC provide needed flexibility In the admini; issue. The July 13, 2001 memorandum and a request in the office of the County 0 through the Council website at: wwww co_ State Environmental _folic Tc nwronmenlet o icy ct EPA) on issued a Determination of Nonsigndicar of all applicable SEPA documents are i County Council. Range of Possible Action tie County I ro . At the conclusion o its pi Council may make one of the follow! proposed actions: (t) adopt th recommendations; (2) adopt an amen( Commission recommendations; (3) de, Commission recommendations; (4) rerix Planning Commission for further cons more of the alternatives that were not re Commission or amended versions of ordinances; (6) adopt such other prop( the Council at its own hearing; or (7) fat by law. Where to Get Cogies 4f P.9pose�c Q ordinance and of err dxumentabon are County Council. They may be obtained (800) 562 -4367 x3494, TDD (425; County.Council @co.snohomish.wa.us. r the Council office at 3000 Rockefeller, E upon request. W lesite A ss: The proposed ordinan accessed through the County C( wow�c sn homish.wa.usl�tncil EU iNsIimon : t the time and piacs ounci will be accepting public teatime continue the heading to another dolt testimony thereafter, if deemed necest testify concemina the above described 6 9, vereH, WA 98201. Faxed ((425) 388 -3496 or E -mail to County.Cot PSEU of d' You may become a pa sending a written request to the Clerk above address, testifying at the publ name and address on a register prov public hearing. American Disabilities Act No ice: Arco aiseFu- fifioc oil . ha nrnwdad unm Additional oppoAUnity for public review' and comment on -the proposed changes Is bbeing provided at this continued hearing. The changes primarily address the methodology for forecasting the future level -of- service of the road system for purposes of making concurrency determinations for land development projects and the prooess for administrative review or appeal of determinations under Title 26B SCC. Via memorandum to the County Council dated August 3, 2001, the Department of Public Works forwarded additional amendments to proposed Ordinance No. 01 4111 and Ordinance No. 01 -013 for consideration by the County Council at Its public hearing. (See gqddJIdI nal o I summary below). While this notice contains a general summary of proposed amend- ments, you are encouraged to call or stop by the council office, or visit the council websde at: wwwcosrahomish.wa. I to obtainlview copies of documentation relai(ng to t e propos action. Summaries of the proposed changes in the amended ordinances are provided as follows: n. Section 1. Both versions o Amen a inane No. 01.011 contain new recitals and a new ordinance section, Section 1 that adopts the recitals as findings of fact. Mo . In both versions of Amended Ordinance No. 01.011, the efimtion of 'arterial unit In arrears" (SCC 26B.51.005) is clarified and the peak hours specified. Section 2 is identical in both versions of Amended Ordinance No. 01 -011. Both versions make the same change to Section 1 of Ordinance 01 -011, as originally proposed, and the section is renumbered as Section 2. I _n3. Section 3 of both ordinances is Identical and no change is me to Section 2 of Ordinance 01 -011 as originally proposed (amending SCC 26B.52.060), except that it has been renumbered as Section 3. Sac % 4. Section 4 of both ordinances is identical and no change is m-e a to Section 3 of Ordinance 01-011 as originally proposed (amending SCC 26B.52.150), except that it has been renumbered as Section 4. Bon The requirement for traffic studies (SCC 26B.53.010) is can tad. The 5 is identical in both versions of Amended Ordinance No. 01 -011. Both versions make the same change to Section 4 of Ordinance 01-011, as originally proposed, and the section is renumbered as Section 5. Secti n 6. Clarifies . the procedures for making concurerxy eterninehons (SCC 268.55.030), including a requirement Thal concurrency determinations be made in accordance with a new section that is added to both versions of the Amended Ordinance that further clarifies the forecasting methodology. Also adds e requirement for written document end'a sea and clarifies the drec determinations can be change versions of Amended Ordinanci the same changes to Section 5 proposed (amending SCC 2 renumbered as Section 6. future tilled "F different •evamaron ano waum nave all u(.ixnw,e,y,v,e.,e.. the application prior to a decision by the Department of Public Works. If the department docides that the proposed development could be deemed concurtent, then a notice of this final decision would be appealehe concur9ency have the time period. Appeals of the concurrency evaluation issue could be held and resolved before a developer incurred the full expense of preparing and riling a land development application. The specific proposed amendments are summarized as follows: 1. A new section is proposed to be added to both versions of Amended Ordinance No. 01-011 that will be codified in chapter 26B.55 SCC, numbered SCC 26B.55.034, and titled 'Optional Preapplication Conurrency Evaluation." This new code section sets out a separate procedure for making a concurrency evaluation on a proposed land development prior to the time a development application Is filed. The procedure includes how to apply, the traffic study requirements, the process for the concurrency evaluation, the effect and expiration date of a preapplication concurrency evaluation, notice requirements, review and comment process; and provisions for appeal of preapplication concurrency evaluation decisions. 2. An additional changge is proposed to both versions of Amended Ordinance No. 01 -011, Section 6, amending SCC.26B.55.030(1), that will change the time period for changes in concurrent determinations contained In proposed SCC 268.55'030(1)(c)(iv� from one (1) year to two (2) years to better coordinate with the new forecastingg and preapplication ooncurrency evaluation processes. 3. An add'nional change is proposed to both versions of Amended Ordinance No. 01 -011, Section 6, amending SCC 26B.55.030(4) to coordinate with the new preapplication ooncuaen% evaluation process and provide that any development that has a valid (reapplicat on concurrency approval pursuant to the new process 268.55.034) shall be deemed concurrent. 4. An additional revision is made to the proposed new language in the Pipeline Inventory Forecast Method version of Amended Ordinance No. 01-011, Section 7, amending new section SCC 266.55.032(1) to provide that developments to be included in the pipeline Inventory will also include developments given preypplication concurrency approval pursuant to the new process IlSCC 26B.55.034). 5. An additional revision is made to both versions of Amended Ordinance No. 01-013 (amendi g SCC 26B.57.010(4)), which is Section 7 of the "Same Appeal Process" version of Amended Ordinance No. 01.013 and Section 6 of the "SEPA -Like Alternative Process° version of Amended Ordinance No. 01 -013, to coordinate the new preapplication evaluation appeal process and clarity that administrative review of preapplication concurrency evaluations is governed by SCC 268.55.034 only. There are no proposed than es at this time to Ordinances No. Of- 010, No. 01 -012 No. 01-14, and No. 01 -015 as originally istances under which concurrency introduced by the count 1. Section 6 is identical in both : Fnal language on all proposed ordinances will be determined by the council following its public hearing. ++++++++++ +H 411 +++ +++.++.+++ ++++++++++i+++ +r+++++ To m� pliant with t e State Environmental _yj cv Art fSEPAi: comply with lt to Store Environmental Pokc yy Act (SEPA) an this proposal, the County issued a Determination of Nonsignificance on August 20, 2000. if Ordinance 01 -011, as originally 3.55.030), and the section is ns of Amended Ordinance No. Ot- clarifying the methodology for conditions on arterial units ((the ments of roadways) Section 7 of on, codified as SCC 268.55.032, e." The two ahematives propose A 1-6hart ac fnllnwa: f i aline Inv O F I I r a iv One version o Amen a finance o. 01.011 x ibil No. 204) adds a new section to Ordinance 01 -011 (SCC 26B.55.032) that specifies the methodology for forecasting future level -of- service conditions through use of an inventory of developments that have been deemed concurrent, also referred to as "developments in the pipeline." This versV specifies the requirements for the inventory of developments and ., n _9 of the piperne inventory for forecasting future level -of service 'long. Ttis alternative for forecastin I future level•ol. service Ia Ic, "err' , as the "Pipeline Inventor alternative. owth Fa Fo i I alive' The second version o men rdlnance o. 01.011 Exhlbft No. 205 adds a new section to Ordinance Oi -011 (SCC 261315.032) that specifies the methodology for forecasting future level -of -service conditions by using a "growth factor" adopted by the Department of Public Works to estimate future traffic volumes for purposes of forecastlrrr�gg future level-of-service conditions. Under this alternative, the Department of Public Works would salad one of a number of professionally accepted methods of measurinngg growth to forecast the projected level of congestion on county top ways. The department of public works would adopt a grown (actor for each arterial unit or segment in the county road network. Adopted growth factors would then be used in forecasting future level -of- service conditions for purposes of making concunency determinations for pro)ect development, Growth lactors could only be appealed upon adoption, and not duneg Individual project review. This version specifies the requirements for adoption of nrowth factors and the use of growth factors for forecasting future loo.' al- service conditions. The Growth Factor" alternative also adds anobler new section to Ordinance yo. 01 -011 (SCC 26B.55.033) that provides for administrative review of the growth factors adopted by the Department. Adds a ow c x Ib F rovidin foI ". on aa:i,nn ter nter 6 -- -P._. 9,•.. make the dations; (2) adopt an amerxled version of the Planning Commission recommendations; (3) decline to adopt the Planning Commission recommendations; 4 remand in whole or in pan to the Planning Commission for furi err cans deretlon; (5 adopt one or more of the altemetives that were not recommender) by the Planning Commis• sloe or amended versions of those proposed ahemative ordinances; (6) adopt such other propowls as were considered by the Council at its own headn ; or (7) take any tither ac0on permitted by law. here o f ies i P o d I ances: Copies of the full text o eat o 1 e propose o nuns an of er ocumentation are available in the office of the County Council. They may be obtained by calling (425) 388. 3494.1 -(800) 562.4367 x3494, TDD (425) 388• 3700 or E -mail to County.Council@co.snohomish.wa.us. Copies may be p cked up at the Council office at 3000 Rockefeller, Eveeit, WA or wall be mailed upon request. gab' : Each of the ordinances and several other ocumenis can accessed through the County Council's intemet webshe at: www.co.Snohomish.wa.usicouncil. P tl t : At the time and place indicated above, the County ounce wI a accepting public testimony. The County Council may continue the hearing to another date to allow additional public testimony thereafter, If deemed necessary. The Chair may choose to limit testimony to five minutes In the interests of accommodating rsons wishing to testlN. W tt Limon iy s enroure d n sent to t e or t oun ounce at I e foliowma a ress: no ish County Council, 3000 tiocKeteller M . 60 , vote , WA 98201. Faxed documents may be sent to (425) 388.3496 or E- mail to County .Council @co.snohomish.wa.us. o You may become a pads of record on this matter by $e Ing a wnnen request to the Clerk c} the County Council at the above address, I st, ng at the public hearing, or entering your name and address on a register provided for that purpose at the public hearing. A ,a lrles Act i : Accommodations for persons with disabilities will provided upon request. Please make In, ihn,hM6n,, by. callina, Sheila rroposed actions:'°(1) adopt the`- Planning`Commtssion ecommendations; (2) adopt an amended version of the Planning ,ommisslon recommendations; ((3) decline to adopt the Planning ,ommission recommendations; (d) remand in whole or in part to the 'fanning Commission for further consideration; (5) adopt one or note of the alternatives that were not recommended by the Planning Oommission or amended versions of those proposed ahemative ordinances; (6) adopt such other pproposals as were considered by the Council at its own hearing; or l7) take any other action permitted by law. Whpre to Q21 qool es P 1 Copies of the full ordinance an other ocumemation are ova lab a in the oNice of the County Council. They may be obtained by calling (425) 3883494,1- (800) 562.4367 x3494, TDD (425) 3883700 or E-mail to County.Councii@co.snohomish.wa.us. Copies may be picked up at the Council office at 3000 Rockefeller, Everett, WA or will be mailed The proposed ordinance and other documents can much the County Council's internal webshe at: continue the headng to ' anther date to allow testimony thereafter, if deemed necessary. Anyol testify concerning the above described matter. W County may be sent R 425) 388 3496 or Email to County.Councngoo.snonomisn.we us. of You may become a pa of record on this matter by sen ing a written request to the Clerk of the County Counil at the above address, testifying at the public hearing, or entering your name and address on a register provided for that purpose at the public hearing. m Wean inabilities Ac! t�otps Accommodations for persons with inabilites wi a provided upon request. Please make arrangements one week prior to the hearinngg by calling Sheila McCollister at (425) 388.3494, 1(800) 562.4367 X3494, or MD #' QUESTIONS: For additional information or specific questions on the pro posed ordinance please call Gary Reiersgaid in the Depariment of Planning and Development Services at (425) 3883311 x 2187. Dated this 6th day of August, 2001. KIRKE SIEVERS Vice -Chair ATTEST: SHEILA McCALLISTER Asst. Clerk of the Council #25520 Published: August 15, 2001. Nor To Cons h t ' 014-00936 CREDITORS 8 orrb� of ��v���rr� j NOTICE 70 CREDITORS ConsuttantRoster (RCW 11.40.030) i In accordance wilh-RCW 39.80. Suppeerior Court of Washington for 030, RCW 39.80.040 and RCW I Snohomish County L 39.04.155, the Port of Everett is In the Matter of the Estate of updating its Consultant Services I 0eceased. N HAYNESI Roster. Whenever the Port of The personal representatives Everett requires consultant sere- named below have been appoint- ices such as Engineering, Archi• ad as personal representatives of tectural, Environmental or other this estate. Any person having a =professional services, the Con - claim against thhee decedent must Services Roster may be before the time the claim woulc utilized. The Port of Everett will be baited by any otherwise advertise an invitation for state- applicable statute of limitations, ments of qualification and pedor- present the claim in the mannei manoe data once per year from as provided in RCW 11.40.07C appropriate professional consult- by serving on or mailing to the in firms to have their names personal representatives at the added to the Consultant Services address below stated a copy o' Rostested consultants are invited I the claim and filing the original o inter to pick up a Consultant Services the claim with the coed. TM claim must be resented whhir application at the Port of Everett the later of: (1) Thirty days are administration office located at he personal representative set 2911 Bond Street, Suite 202, ad or mailed the notice to 0 £veten, WA 98201. Mailed re- creditor as rovided under RC quests for the Consultant Serv- 1140020f3g; or (2) four monB Ices Roster application will be after the dilate of first publicati{ accepted, but must contain a of the notice. If the claim is n self- addressed, 33 cent postage- presented within this time from paid envelope. Mailed requests the claim s forever barred, e should be sent to Port of Everett, cePt as otherwise provided t Ann: Contracts Administrator, PO RCW 11.40.051 and 11.40.06 Box 538, Everett, WA 98206. This bar is effective as to clam Consultant Services Roster. against both the decedent's pn applications can also be obtained bate and nonprobate assets. 1 from the Pon of Everefts web Date of filing cep of notice I site, wow ndefevere .cam, or with Clerk of t under "Business with the Fad".' Court:B•10-0I nor u a Ace Dateof'1 publication: I is t 8.15 -M o remain a , e, consultants SUSAN K. BUMA must provide current information, Persons) Representative which ran be provided at an Address for Mailing Y or Service: time during the year. All apply Go Royce Ferguson, cations will be kept on file for two Attorney for Estate pia THE EXCEPTION 2931 Rockefeller ilF�ARr mITFCTURAL_AND