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01-13-2025 Agenda Packet
* City Council CITY OF Study Session UB AURN January 13, 2025 - 5:30 PM City Hall Council Chambers WASHINGTON AGENDA CALL TO ORDER PUBLIC PARTICIPATION A. The Auburn City Council Study Session Meeting scheduled for Monday, January 13, 2025 at 5:30 p.m. will be held in person and virtually. Virtual Participation Link: To view the meeting virtually please click the below link, or call into the meeting at the phone number listed below. The link to the Virtual Meeting is: https://www.voutube.com/user/watchauburn/live/?nomobile=1 To listen to the meeting by phone or Zoom, please call the below number or click the link: Telephone: 253 215 8782 Toll Free: 877 853 5257 Zoom: https://us06web.zoom.us/i/89076550685 ROLL CALL AGENDA MODIFICATIONS ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS A. Auburn Symphony Orchestra — 2024 Annual Report (Faber) (20 Minutes) AGENDA ITEMS FOR COUNCIL DISCUSSION A. Ordinance No. 6962 (Gaub) (5 Minutes) An Ordinance granting to City of Kent, a Washington Municipal Corporation, a Franchise for Water Facilities B. Ordinance No. 6965 (Whalen) (5 Minutes) An Ordinance relating to the burden of proof in Dangerous Dog Appeals, and amending section 2.46.120 of the Auburn City Code C. Ordinance No. 6966 (Whalen) (5 Minutes) An Ordinance relating to bases for eviction from rental housing, and repealing section 5.23.070 of the Auburn City Code ADJOURNMENT Page 1 of 53 Agendas and minutes are available to the public at the City Clerk's Office and on the City website (http://www.auburnwa.Qov). Page 2 of 53 * CITY OF J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM WASHINGGTTON Agenda Subject: Meeting Date: Auburn Symphony Orchestra — 2024 Annual Report (Faber) (20 Minutes) January 13, 2025 Department: Attachments: Budget Impact: Parks, Arts & Recreation ASO 2023-24 Annual Report Administrative Recommendation: For discussion only. Background for Motion: Background Summary: The City of Auburn supports the Auburn Symphony Orchestra through a Tourism Promotion Services contract to assist in promoting and marketing Auburn as a destination for arts and events that in turn contribute to the economy. Performing art programs serve as an economic driver and the activities of the Auburn Symphony Orchestra assists in that effort. As part of the 2025 budget for the Arts Division, the Auburn Symphony Orchestra receives funding with a specific scope of services for marketing, outreach and audience building, and amplification of the arts. This formal presentation from the Auburn Symphony Orchestra will report on their 2024 season as part of that contract. Councilmember: Yolanda Trout-Manuel Staff: Daryl Faber Page 3 of 53 Auburn Symphony Orchestra 2023-24 Annual Report 2023-24 Programs & Events Title Date Musicians Attendance Location Summer Series Programs ASO Brass Quintet 7/16/23 5 500+ Auburn Int'I Farmers Market ASO Brass Quintet 8/3/23 5 250+ Les Gove Park Strings in the Garden 8/27/23 4 162 Soos Creek Botanical Garden Chamber Series Programs Autumn Chamber Concert 11/16/23 5 75 St. Matthew's Episcopal Church Spring Chamber Concert 3/7/24 4 60 St. Matthew's Episcopal Church Symphony Series Programs American Voices 10/15/23 67 367 Auburn PAC Holiday Spectacular 12/4/23 64 708 Auburn PAC Love and Legends 1/29/23 66 461 Auburn PAC Lights, Camera, Action! 2/24/24 68 432 Federal Way PAC From Marimba to Mozart 4/7/24 42 417 Auburn PAC A Sea Symphony 5/5/24 70 365 Federal Way PAC Special Performances Season Kickoff Party 9/14/23 4 70 Half Lion Brewing Page 4 of 53 Bravo Series: String 2/16/24 4 90 Postmark Center for Quartet the Arts Education & Community Engagement Programs Auburn 4th of July Festival 7/4/23 0 2,000 Les Gove Park Auburn School District 8/10/23 0 1,000 Auburn High School Back to School Festival Pre-Concert Talk 10/15/23 1 -100 Auburn PAC Ticket Giveaway October N/A 20 tickets Auburn Public Library partnership with Auburn 2023, per Library December performance 2023, January 2024, April 2024 Link Up: The Orchestra 1/23/24 68 1,600 Auburn PAC Moves Key to Change 1/26/24 2 12 Key to Change Studio, Masterclass with Jordan Renton Bak Masterclass with Jordan 1/27/24 1 15 St. Matthew's Bak Episcopal Church Pre-Concert Talk 1/28/24 1 -100 Auburn PAC School Visit w/ Garrett 4/5/24 2 100 Baker MS and Auburn Arney, ASO soloist Mountainview HS Pre-Concert Talk 4/7/24 2 -100 Auburn PAC Rhythm and Rhymes 4/11/24 2 24 Postmark Center for Story Hour the Arts Pre-Concert Talk 5/5/24 2 -100 Federal Way PAC Rhythm and Rhymes 5/11/24 2 12 Postmark Center for Story Hour the Arts Rhythm and Rhymes 6/8/24 2 25 Postmark Center for Story Hour the Arts Page 5 of 53 Marketing Marketing and advertising examples attached Press Coverage Date Publication Headline 8/28/23 Auburn Examiner Auburn Symphony Season Kickoff Party will be September 14 8/31/23 South Sound Magazine Auburn Symphony Season Kickoff Party 9/28/23 Tacoma Real Time News arx duo to perform at Auburn Symphony's Harvest Happy Hour fundraiser on Friday, Oct. 20 9/28/23 Auburn Examiner arx duo to perform at Auburn Symphony's Harvest Happy Hour fundraiser on Friday, Oct. 20 10/5/23 Auburn Reporter Percussion group comes to Auburn for symphony fundraiser 10/29/23 Tacoma Real Time News Auburn Symphony Orchestra wins grant, announces new staff position 10/19/23 Auburn Reporter Auburn Symphony Orchestra wins grant, announces new staff position 12/6/23 Auburn Reporter King County Council passes $782 million arts and culture levy 1/1/24 South Sound Magazine 10 Hot Tickets: January-February 2024 1/3/24 Seattle Times Top Seattle-area classical music picks for early 2024 1/4/24 Auburn Examiner Auburn Symphony Orchestra's 'Love and Legends' concert will be Sunday, Jan. 28 1/25/24 Auburn Reporter Auburn Symphony Orchestra presents 'Love and Legends' 1/26/24 The Latest in Auburn from The symphony's 'Link Up' event for the Auburn Mayor Nancy Backus School District was music to our ears 2/6/24 Auburn Examiner ASO: Lights, Camera, Action! 2/8/24 South Sound Magazine This Week in A&E: A Symphony Concert, a Fiddle Festival, and a Local Author's Book Page 6 of 53 Release 3/13/24 South Sound Magazine Auburn Symphony Orchestra Presents: From Marimba to Mozart 4/2/24 253 Lifestyle Magazine Auburn Symphony's Season Finale Concert: A Sea Symphony by Ralph Vaughan Williams, with Seattle Pro Musica 4/19/24 Auburn Reporter Auburn Symphony Orchestra presents A Sea Symphony Advertising Date Publication Notes Monthly Lake Tapps Living Per concert/quarterly Auburn Magazine Year-round Window of Office on Main Street Per program Press releases to various regional Sent via email outlets Per concert KNKX Radio ads in Puget Sound region Per concert KING FM Radio ads in Puget Sound region Per concert/quarterly Banner on Auburn Way Concert promo-Visual over Auburn Way near Hwy. 18 Digital Advertising Date Publication Notes Ongoing Sound Publishing Targeted ads about ASO and specific concerts Sep 2023 Facebook - Season Kickoff Party 287 reach Oct 2023 Facebook - Classical 1 293 reach Page 7 of 53 Nov 2023 Facebook - Holiday 11,958 reach Nov/Dec 2023 Facebook - Holiday 7,421 reach Jan 2024 Facebook - Classical 2 6,850 reach February 2024 Facebook - Pops 5,853 reach March/April 2024 Facebook - Classical 3 3,987 reach April/May 2024 Facebook - Classical 4 6,843 reach Print Collateral Date Description Notes April 2023 2023-24 Season Brochures Sent to internal list of 800 November 2023 Annual fund letter Sent to 400 patrons August 2023, Newsletters Sent to list of 2,500 January 2024, March 2024 Per Concert Programs Distributed to every patron Electronic Promotions Date Description Notes Per Program Live Music Project, Seattle Times, Online calendars Explore Auburn, The Stranger, Emails to their constituents SoCoCulture Per Program Facebook 1,300 followers Per Program Instagram 1,067 followers Per Program YouTube 231 subscribers, 17,200 views, 223 hours of watch time Per Program MailChimp Emails to list of 2,600 Page 8 of 53 Symphony Series 4I:F Tickets and information at auburnsymphony.org. American Voices Sunday,October 15,2:30 PM Wesley Schulz,conductor classical Auburn Performing Arts Center matinee Auburn Symphony Orchestra continues its annual celebration of American music through iconic and newly-embraced works. Featuring Leonard Bernstein's familiar Latin beats from the 1957 smash musical,West Side Story,you'll dance and hum your way out of the concert hall with tunes like Maria and/Feel Pretty.Juan Pablo Contreras'Mariachitlan continues the Latin beat with a loving homage to the Mexican state of Jalisco-the birthplace of mariachi.The concert opens with ' William Levi Dawson's epic Negro Folk Symphony which premiered nearly 90 years ago to great acclaim.The piece is 1, F e i` experiencing a resurgence as new generations discover its powerful impact.Celebrate with us musical voices of America. ''r' Holiday Spectacular featuring Howard Blake's The Snowman - ' ' `' Monday,December 4,7:30 PM Wesley Schulz,conductor holiday Auburn Performing Arts Center evening ,' 6 liki Join us for a special Holiday Spectacular as Auburn Symphony Orchestra performs the soundtrack,LIVE,to the Oscar- 'f ' 4" nominated holiday film,The Snowman!Directed by Dianne Jackson and featuring an original score by Howard Blake, / - .4 the animated film brings Raymond Briggs'magical story to life.You will delight in following James and his Snowman as they embark on a wondrous journey one winter's night.Also on the program are seasonal favorites such as Miracle "'' on 34th Street,Parade of the Wooden Soldiers,our traditional audience sing-along and much more! iy ` �'' ' ill Love and Legends Sunday,January 28,2:30 PM Wesley Schulz,conductor classical I ct klfrgilk• Auburn Performing Arts Center Jordan Bak,viola matinee i This lavish program features some of the world's most epic and heartfelt music.Igor Stravinsky's ballet The Firebird I ' ' 1 is takes you on a journey through the Russian folktale of a hero,Ivan Tsarevich,who battles the sorcerer Kashchei with the help of a mythical firebird.Lauded for his"haunting lyrical grace"(Gramophone),violist Jordan Bak joins ASO for - Bela Bartok's Concerto for Viola.ASO is also pleased to present the Washington State premiere of Jennifer Higdon's Cold Mountain Suite,a co-commissioned project with 37 other orchestras across the country inspired by Charles �m_ 1 Frazier's novel.The concert opens with Richard Strauss's virtuosic tone poem,Don Juan,where the orchestra is pushed to its limits as it spins adventure and love themes across a wide sonic palate. Lights, Camera, Action! Music from Epic Adventure Films Hrs. Saturday,February 24,7:30 PM Wesley Schulz,conductor pops L1 G '.RA.. Federal Way Performing Arts Center evening r'O Bring your whole family to Auburn Symphony Orchestra's action-packed concert featuring exciting music from epic adventure films! Maestro Schulz will take you to the high seas in search of pirates,to the island of Themyscira,home of Wonder Woman,and to the animated world of The Incredibles.Prepare to soar through the sky and zoom across the MUSIC FROM E C ADVENTURE FILMS earth as we quest for the most thrilling music for film.No adventure is too big for Auburn Symphony Orchestra! From Marimba to Mozart .. Sunday,April 7,2:30 PM Wesley Schulz,conductor classical Auburn Performing Arts Center Garrett Arney,marimba matinee Composers find inspiration in everything-their nationality,historical events,and of course other genres of music.With f his Symphony No.38,Wolfgang Mozart wrote a love letter to the city of Prague.The music crackles with virtuosity ,. ` and grace,signaling that Mozart is at the peak of his compositional powers.ASO welcomes percussionist Garrett Arney to the stage to perform Emmanuel Sejourne's Concerto for Marimba and Strings,an eclectic piece that will leave you breathless.The concert opens with Jessie Montgomery's Banner,commissioned in 2014 to celebrate the 200th \ille anniversary of The Star-Spangled Banner. She weaves together snippets of the anthem with civil rights songs and other cultural melodies.Inspiration is everywhere,especially in the concert hall! A Sea Symphony by Ralph Vaughan Williams /"fit Sunday,May5,2:30 PM WesleySchulz,conductor classical - Y , Federal Way Performing Arts Center Karen Thomas,conductor matinee Seattle Pro Musica r "Behold,the Sea!"With these words,Ralph Vaughan Williams'massive Sea Symphony begins.This piece,nearly an ...me, hour in length,was Vaughan Williams's first major work and it was inspired by the poetry of Walt Whitman.Using over 107 lines of text from the poet's Leaves of Grass,Vaughan Williams'choral-orchestral work explores the sea itself as well as the sea of time,humankind and our infinite world.Auburn Symphony Orchestra is delighted to present this work in collaboration with Seattle Pro Musica and their conductor, Karen Thomas. age o Summer Series Subscriber Benefits Package $ # Total Save Money Buy five concerts and get the sixth free with a seats full-season subscription! General $210 x = $ Music at the Market Summer Sounds Strings in the Garden Priority seating Subscribers can reserve their seats for the 6 Symphony Sunday,July 16,11:00 AM Thursday,August 3,6:30 PM Sunday,August 27,2:00 PM whole season before tickets go on sale to the general public. Concerts Senior(60+) $185 x = $ Les Gove Park Les Gove Park Soos Creek Botanical Gardens Renewing a subscription?Look for an email from us for a Student/Under 25 $60 x = $ Liven up your trip to the Auburn Farmers Relax and enjoy... Pack a picnic, bring Join the Auburn Symphony String Quartet quick and easy renewal. Reserve your seats by June 30. General $150 x = $ Market. Enjoy the sounds of ASO brass your lawn chairs,or throw a blanket for a lovely afternoon in the Garden Single tickets available June 30. 4 Symphony musicians as you stroll the fresh offerings on the ground and join us for the City for fun,family-friendly favorites!Some Concerts 1 Senior(60+) $132 x = $ from local vendors. Enjoy a selection of of Auburn's Summer Sounds! chairs will be available,or you may bring tunes and classical favorites in FREE (choose below) Student/Under 25 $40 x = $ popular your own. Pack a picnic and enjoy some How to buy tickets this relaxed setting. beautiful music with the best view in town. American Voices Lights, Camera,Action! FREE Online:auburnsymphony.org Mail:Send a check with the form on this page to Holiday Spectacular From Mozart to Marimba Auburn Symphony, P.O. Box 2186,Auburn,WA 98071 _ Love and Legends _ A Sea Symphony Phone:Call 253-887-7777(please have your Mastercard or Visa Chamber General $40 x = $ Chamber Series information ready). ( )II:lit= Student/Under 25 $15 x = $ Concerts 2 $25 x = $ Ticket information Season Kick Off Party Autumn Chamber Concert On a New Night— Thursday! Harvest Happy Hour $50 x = $ Thursday,November 16,7:00 PM Print at Home and Mobile ticket holders do not need to St Matthew/San Mateo Episcopal Church Chamber concerts are a good way to dip into instrumental stop at the box office for printed tickets,simply show your Ticket sales alone cover only covers 20% of the cost paper or phone to the ushers. If you would like to receive it takes to bringyou this season's concerts.Your music on a casual afternoon. It's less formal and allows the Spring Chamber Concert audience(you)to see and hear the ensemble up close since paper tickets,they will be mailed in September.Tickets may continued generosity is vital to keeping symphonic $ Thursday,March 14,7:00 PM there are fewer musicians and they perform in a smaller also be held at Will Call and can be picked up beginning one music in our community. St Matthew/San Mateo Episcopal Church space.This is an excellent opportunity to watch closely how hour prior to the concert. Please add a tax-deductible contribution today! the instruments are played and see the dynamics of a small Ticket Exchanges TOTAL $ group in performance. Tickets are non-refundable,however exchanges to a_ft different date may be requested at least 24 hours prior to the performance. Wheelchair Accessibility Round up your payment to keep Wheelchair accessible seating and parking is available at all of lk. , our venues.When ordering tickets,please look for wheelchair Auburn Symphony Orchestra strong! seating and state any special needs so that we can best 6. Season Kick Off Party Harvest Happy Hour accommodate your seating preferences. Thursday,September 14,7-9 PM ) -- Friday,October 20,5-7:30 PM Half Lion Brewing Company 1 Green River College,Lindbloom Center Venue addresses A cozy autumn evening awaits you in support of the artistic and Your Contact Information educational programs of Auburn Symphony Orchestra! Delight in music Auburn Performing Arts Center There's nothing more exciting than a fresh season of music to look from the arx duo,percussionists Garrett Arney and Mari Yoshinaga. 702 4th St NE,Auburn,WA 98002 Name forward to!Join us at Half Lion Brewing Company to hear all about Garrett is a featured soloist in ASO's 2023-24 Season so you'll get Federal Way Performing Arts and Event Center the upcoming programs and enjoy a tasty beverage.The ASO String a sneak peek of what's to come.Ticket sales only cover 20%of the 31510 Pete von Reichbauer Way S, Federal Way,WA 98003 Address Quartet will treat you to music by featured composers this season. costs it takes to bring you the music you know and love,plus our free Grab dinner from the food truck to complete your evening.Seating Green River College,Lindbloom Center City State Zip education programs that reach thousands of students every year. 12401 SE 320th St,Auburn,WA 98092 is limited so don't delay!Additional donations go directly to support Through a live auction featuring experiences you can only get with ASO's artistic and educational programs. ASO and Raise the Paddle,your support makes the music possible! Half Lion Brewing Company Phone Email 1723 W Valley Hwy E,Sumner,WA 98390 $25 ticket includes one beverage and a 45-minute concert $50 ticket includes heavy hors d'oeuvres,one beverage,and a Les Gove Park Payment 30-minute concert 1140 Auburn Way S,Auburn,WA 98002 0 Check enclosed, payable to Auburn Symphony ra...Lcwi-E— ' %me Soos Creek Botanical Gardens V "d� � Ou 29308132nd Ave SE,Auburn,WA 98092 Card Number C_ c-- a. 46 01011 St Matthew/San Mateo Episcopal Church 0 Visa 0 Mastercard Exp. Date 3 Digit Code •_ 123 L St NE,Auburn,WA 98002 I, Mail to: Auburn Symphony, P.O. Box 2186,Auburn, WA 98071 I Tickets and information at auburnsymphony.org. I Tickets and information at auburnsymphony.org. Page 10 of 53 r .) r ,.. :j ,,.. fit, alb r.Y '.. 311'71‘ �,. A" + ' ,r f�,' liticr- • el . ' : ik fc..7211:› .: . . ,. , 8 . c E a cu 2 4-, 5 Y 0 E E i If r6 O] d ' I Auburn Symphony - Orchestra Wesley Schulz, Music Director 23/24 Seas o n 6ao.AuoydwAsuingne 'pE auni amenene STal)IT aI6uls .sleas Tsaq pue salad TsamoI SLR aoJ OE aunt Aq agiJJsgns 6ao.AuogdLUAsUingne5o}u! 1L086 VAA'uangny'g8lz xo9 Od L u o s e a S uoi}epossy AuogdwAs wngny W S -pi° Auouduzcs 17 /E z uamcpy 3 Local Stories Hot Spots Digital Magazines Contact Us Local Guide f ® oh Auburn Symphony's Season Finale Concert: A Sea Symphony by Ralph Vaughan Williams, with Seattle Pro Musica Mays `tea e r Irws Page 12 of 53 Auburn Symphony Orchestra M1 ii .ii. f•., '' ' May 13,2624•et Rhythm and Rhymes Story Hour at the Postmark was so fun on Saturday!Thank you to musicians Brian Shaw and Lana Shaw VanBoven and to Robbin Price from Auburn Library!The next one is on June 8,see you there, N . = f ,} .lid ' - r r t _ t 1 1 P itIL. -..diliailaillilrilliiiii . .4.:AIL ...MM=a.-1 lie! - IT - ,, g ir � " Iv . 0. :r . k - -----j.1-- Z '\' ‘,. I lit f � 14f y 1 ji )1 11 11 _ .A IFPle of 53 ' i •• P 1 9 I \ 0 • .; 0 ... lOsas . • SRy on K ,;� Orchestra .�'Yttl[1) \ i • •i F Wesley Schulz, Music Director r' • r —.' • . a "� •• @J1C(tK'ltS • . _ • ~ Purchase tickets now A fundraiser to benefit the educational and artistic programs of R • Auburn Symphony Orchestra • f ,• " - • Sunday, March 17, 12:00 - 2:30 PM f Green River College, Lindbloom Center " / p Gather for brunch and bubbly to support ASO's year- Ticket sales only cover 20%of the costs it takes to •„• litlir • r .t Z round programs that shape, heal,and brighten our bring you the music you know and love, plus our free , community. Enjoy a brunch buffet complete with education programs that reach thousands of students r' R' • 0 french toast bar and delight in music from arx duo, every year.Through live and silent auctions featuring • • percussionists Garrett Arney and Mari Yoshinaga. experiences you can only get with ASO,and Raise the "` s • Garrett is a featured soloist in ASO's 2023-24 Season so Paddle,your support makes the music possible! • . `' • you'll get a sneak peek of what's to come.One mimosa, Early bird pricing until Feb.1, $50 • • "_4-.., • brunch buffet,and 40-minute concert are all included. ' • '' s• 12:00pm - Doors open; Mimosas and drinks available; Silent auction open 12:45pm — Brunch buffet open 1:15pm - Silent auction closes; Music from arx duo followed by live auction and Raise the Paddle ,; ,, • 2:30pm - Head home and enjoy your afternoon! _, • P.O.. . Upcoming Concerts ; -� , . lt Love and Legends Lights,Camera,Action! From Marimba to Mozart C, ,, , Sunday,January 28,2:30 PM Music from Epic Adventure Films Sunday,April 7,2:30 PM ;F' xN Garrett Arne marimba ` "� "`` -�- . �' "�" Jordan Bak,viola Saturday,February 24,7:30 PM Y � „• ��,� ., Auburn Performing Arts Center Federal Way Performing Arts Center Auburn Performing Arts Center — — — BRAVO Series Spring Chamber Concert A Sea Symphony c .nPctacular String Quartet Thursday,March 14,7:00 PM by Ralph Vaughan Williams Friday,February 16,7:00 PM St Matthew/San Mateo Episcopal Church Sunday,May 5,2:30 PM _- Postmark Center for the Arts Seattle Pro Musica Federal Way Performing Arts Center Wesley Schulz, conductor Drew Simons, boy soprano CITY OF Y * . Tickets and more information at auburnsymphony.org AUBURN Monday, December 4, 7:30 PM, Auburn Performing Arts Center • WASHINGTON ©Snowman Enterprises Limited.www.thesnowman.tom Page 14 of 51 WesleySchulz, music director and conductor Auburn Symphony Contributors We thank the following for their contributions given between January 1,2023 through November 16,2023 Wesley Schulz is widely recognized for his superb programming and spirited yet heartfelt Government Donna Glasoe Jenny Hay Up to$99 Elizabeth Robichaud music making with orchestras.At home with masterworks,contemporary music as well Support Jack&Alayne Hudspeth Sandra Hixenbaugh Anonymous(2) Janet Schneider as pops,the Cultural Voice of North Carolina deems Schulz's conducting"spectacular." 4Culture Dr Suzanne Johnson& Alice&Michael Hon Don&Sonna Alexander Joanne Seng — Schulz is Music Director and Conductor of the Auburn Symphony Orchestra(WA) ArtsWA Beth O'Connor Len&Linda Johnson Roger Birnbaum Sonja Stendal and recently completed four successful seasons as the Associate Conductor of the City Of Auburn Susan Nevers Patricia Judd King Choi Joyce Stratton North Carolina Symphony.Prior to this,Schulz was a Conducting Fellow at the Seattle City of Federal Way Fred&Rita Poe Jean F Keller Diane&Ernie Collier Mark Sullivan Symphony,Assistant Conductor of the Britt Festival Orchestra and Education and Family National Endowment Jim&Tanya Rottle Robert Kremers Molly Cone Peter&Stephanie fib, Conductor for the Austin Symphony Orchestra. for the Arts Corinne Spicer Shirley Leonard David&Lisa Couch Symes Key to Schulz's success is his passion for diversifying classical music and expanding the Corporate& Cynthia&Peter Jenny Moller Linda Cowan&Sterling Monte Turner concert hall to include all listeners.He has collaborated with some of the most dynamic musical artists of our time Community Sprenger Kathryn Natsuhara Kuhlman Joy Werlink including Philippe Quint,Bella Hristova,Richard Lin,Leslie Odom Jr,Pink Martini,Randall Goosby,Cirque de la Support Lee Valenta&Trish Yvonne Nicholson Natalie e Brian&Melinda Arts Fund Borden Rachel&Alex Perry Russ&Brrendanda Farwell Wharton Symphonie,John Williams,Amos Lee and many more.When not on the podium,Schulz enjoys distance running, Michael&Debbie Ronald Fickes Pamela Zachary doingCrossFit,cookingand playing endless fetch with his two dogs,Chewbacca and Han Solo. Green River College $500-$999 p i gPratum Ruth&Jim Fletcher Foundation Anonymous(2) Gifts were made in Half Lion Brewing Co Gary&Nancy Bennett Judi Richardson Curtis Frye honor of Zane Kistner, assistant conductor Leavitt Group Linda Bielejec Corey Rivers Carol Giboney Walt Bishop Bethany Rogers Helena Hanna Zane Kistner,originallyfrom Salem,Oregon,earned a Bachelor of Music in Music Northwest Jo Cugini Charles A Booth g Markey Sandhog Sharon Hegewald Education at the Universityof Puget Sound in Tacoma,Washington.While at Puget Sound, Mayflower Park Hotel Len&Linda Elliott Kathnne Hansen g g g Wayland and Lisa Laura Higdon Miles Sand&Gravel Dianne Nelson Jane Sharp he studied euphonium and conducting.During his time in Tacoma,Zane performed as Scarff Barbara Huseby Poe Construction Thomas Sharp and to the Lee Valenta ,;� a soloist and substitute musician,most notably as a featured soloist on Seattle's King FM Propel Insurance Amy Sie James and Jackie Carole Kellerman Legacy Fund Classical radio station.Zane also won the 2017 Northwest Brass Festival Solo Competition, Schack Joanna King Timberland Bank Kent&Patty Sprague which gave him the opportunity to perform and record with Brass Band Northwest.As Jim&Elaine$5,000+ Cameron Larson Anita Knight Swigart Wesley Schulz& Ron&Kris Kistler We strive to be accurate an educator,Zane worked as the assistant conductor of the Puget Sound Youth Wind g in acknowledging your Ensemble and the Puget Sound University Concert Winds.Recently,Zane completed his Anonymous $100-$449 Dan&Terri Shields Otto Lee gifts Please contact 1 Lawton Case Anonymous(4) Paulette&David Lauri Lindberg Master of Music in Orchestral Conducting under Dr.Jonathan Girard at the University Karen Alliston&Peteus if we have made an of British Columbia.At UBC,Zane has worked as the assistant conductor for both the UBC Symphony Orchestra, $2,500-$4,999 Sitzenstock Bruce Gilbert&Lisa error Ymp y Bill&Shelia Cowart Beaupain Caren Skube Marahrens and the UBC Chamber Orchestra Festival and participated in the Cascade Conducting Masterclass and masterclasses Jennifer Bolton Gail&Bob Spurrell Bette&Paul Margelli Kathy Gleason&Wayne P 9 presented by Neil Varon,Gerard Schwarz,and Sarah Ioannides.Zane's most recent performances have been with the Johnson Leila Booth Charlotte Sullivan Jim Mondt Vancouver Symphony Orchestra. Jim&Linda Sprenger Larry&Donna Brown Carol&Ken Theimer Janice Morgan Judy Brown Dana Turcott Tom Morris Drew Simons, boy soprano $1,000-$2,499 Sandra Burroughs AJ&Staci VanderPol Matti Munson Gerry&Carole Virginia Crow Westby Family Fund Lisa&Tim Nunn Drew Simons is an accomplished 12-year-old young man and a member of the Northwest Anderson David Durham Zerman Whitley Diane&Rawhide Bo choir since September 2017,where he currentlysings in the PerformingChoir.Simons Judy Bishop MontyEuston&Susan Y P Karen Williams&Rick Papritz was the featured soloist on"Walking in the Air"in the Seattle Symphony's presentation of Lora Lee Brown Peterson Gherst John Partsch - Nancy Colson Robert&KayFilson �' The Snowman in 2022 and 2023.He returned to perform with the Symphony that year in Jan&Homer Wood Rachel&Alex Perry Carl&Carol Corbin Dorothy Finley Mark&Tami WoolseyPatricia Petrut Tan Dun's acclaimed Buddha Passion and Carmina Burana.Engagements in 2024 include Elsa&Elliott Fager Jacklyn Fraizer Paul Wyman Sook Raz Mahler Symphony No.3 with the Seattle Symphony,and a solo in Leonard Bernstein's George&Janie Frasier y Chichester Psalms with the Everett Philharmonic Orchestra.Drew is in 6th grade at Lakeside g Thomas Ginsburg Nancy Robertson Middle School,and also plays piano and trombone in the school band.Outside of his musical endeavors,he enjoys alpine skiing,basketball,baseball,and spending time with family. 441c� 1 oF 1". �FederalWay NATIONAL NDO MENT ...::;•-� All roup IA V °ARTS CULTURE w wnsecroN MILES COLLEGE Northwest savoasnaysL -arts gay Page 15 of 53 Auburn Symphony Orchestra Holiday Spectacular Monday, December 4, 7:30 PM VIOLIN 1 VIOLA FLUTE HORN TIMPANI Emilie Choi Betty Agent* Wendy Wilhelmi Rodger Burnett* Matthew Drumm Wesley Schulz, Music Director and Conductor Concertmaster Principal Principal Principal Principal Dawn Posey Sue Jane Bryant Susan Telford Andre Goodrich Zane Kistner, Assistant Conductor Associate Concertmaster Richard Neff Laura Werner* Jill Jaques PERCUSSION Anne Cady* Joyce Ramee* Danielle Lemieux Matthew Kocmieroski* Drew Simons,boy soprano Petro Krysa Eileen Swanson* OBOE Richard Reed* Principal Louanne Lotz Michael Watson^ Shannon Spicciati Paul Hansen Mark Lotz Principal TRUMPET Rob Tucker A Christmas Overture traditional,arr.Jeff Tyzik Quinn Price CELLO Selina Greso Sarah Viens Denali Williams The Snowman Story by Raymond Briggs Kimberly Rosenberg Brian Wharton^ Principal Principal CLARINET Scott Meredith HARP Music by Howard Blake VIOLIN 2 Meg Brennand^ Jennifer Nelson* Judson Scott John Carrington Drew Simons,boy soprano Ingrid Fredrickson* Andrea Chandler Principal Principal Principal Denise Lum^ TROMBONE Film presented with live orchestra accompaniment Virginia Dziekonski William Boyd^ Grant Olson Patrick Raichart KEYBOARD/ Martha Garrett* Amy Windus* BASSOON Principal CELESTE cc intenninian Shu-Hsin Ko Mona Butler* Wade Demmert Christina Siemens Principal & Keith Winkle Poe Rasmussen Family A ChristmasScherzoSebesky arr.Don Coral Sepulveda BASS Karen Sorensen * Francine Peterson Celeste Stephen Schermer Have Yourself a MerryLittle Christmas Martin&Blane/arr.J.WhitneyAdam Syed Principal TUBA Linda Vogt David Couch* Ryan Schultz ASSISTANT g Principal CONDUCTOR Conducted by Zane Kistner Ross Gilliland Ramone Salumbides Zane Kistner Minor Alterations David Lovrien *Founding Members Mis Zeh Hidlik(Behold the Lights) traditional,arr.Jeff Tyzik ^20+Years Brian Wharton,cello Overture to Miracle on 34th Street Broughton/arr.J.Vinson&K.Christopher About Auburn Symphony Orchestra A Charlie Brown Christmas Guaraldi&Mendelson/arr.D.Pugh Our Mission Auburn Symphony Orchestra changes lives and our South Puget Sound community through the shared experience Conducted by Zane Kistner of live orchestral music performances and by nurturing the relationship between our audience and our artists. Christmas Carol Sing-Along arr.D. Goeller Music Director Personnel Manager Board of Directors Linda Elliott Wesley Schulz Rodger Burnett Dr.Suzanne Johnson,President Tallen Franklin Executive Director Music Librarian A.J.VanderPol,Vice President George Frasier Rachel Perry Mona Butler Dr.Elsa Fager,Secretary Kaelyn Jude In the lobby:Groove Amendment-a group of music educators from the Puget Sound Communications Stage Manager Bob Spurrell,Treasurer Kevin Paustian region who perform jazz standards,covers,and original compositions. Manager Zane Kistner Linda Bielejec Tanya Rottle Christy Caravaglio Nancy Colson Linda Sprenger Bill Cowart Dolores Kyle,Emeritus,decd. Contact us auburnsymphony.org I info@auburnsymphony.org 1253-887-7777 I P.O.Box 2186,Auburn,WA 98071 Page 16 of 53 Program Notes Awls We`}tare c}teard on c}t'igh c}tark!The c}terafed tngetts sing Angels we have heard on high, Hark! the herald angels sing, Sweetly singing o'er the plains; Glory to the newborn King! Rockin'Around the Concert Hall And the mountains in reply, Peace on earth and mercy mild, Sung to the tune of Rockin'Around the Christmas Tree Echoing their joyous strains. God and sinners reconcile! Glo--ria, Joyful all ye nations rise, Rockin'around the concert hall In excelsis Deo! Join the triumph of the skies; It's time for fest and cheer Gloria! Gloria! Gloria! Gloria! With th'angelic host proclaim, Hot cocoa in the lobby and Santa too In excelsis Deo! Christ is born in Bethlehem. We are so glad you're here! Hark!the herald angels sing 969 to the Wired Glory to the new-born King. Joy to the world!The Lord is come; Rockin'around the concert hall Let earth receive her King; neck the c}t'aefs The Snowman is showing tonight Let ev'ry heart prepare Him room, Deck the halls with boughs of holly, Later we'll sing some Christmas tunes And heav'n and nature sing, Fa la la la la la la la la. And spread some joy and light! And heav'n and nature sing, `Tis the season to be jolly, And heaven,and heaven and nature sing. Fa la la la la la la la la. You will get a sentimental feeling when you hear Don we now our gay apparel, Violins and trumpets singing 0 Cone, 4f tje WAN' Fa la la la la la la la la. 0 come,all ye faithful,Joyful and triumphant, Troll the ancient Yuletide carol, Don't forget the sleigh bells ringing O come ye,o come ye to Bethlehem; Fa la la la la la la la la. Come and behold Him,Born the King of Angels; Rockin'around the concert hall O come,let us adore Him,0 come,let us adore Him, We Wight gal a cherry Christmas ASO is ready to go 0 come,let us adore Him,Christ the Lord We wish you a Merry Christmas, Everyone take a seat and see We wish you a Merry Christmas, The show is on,ho,ho,ho!!! The Firg(cN We wish you a Merry Christmas, The first Noel,the angel did say, And a happy New Year. Happy holidays and cheers to a new year filled with beautiful music Was to certain poor shepherds in fields where they lay. Good tidings we bring to you and your kin, from all of us at Auburn Symphony Orchestra! In fields where they lay keeping their sheep, Good tidings for Christmas and a happy New Year. On a cold winter's night that was so deep. We wish you a Merry Christmas, Noel!Noel!Noel!Noel!Born is the King of Israel. We wish you a Merry Christmas, We wish you a Merry Christmas, sieent Night, c}t4ey cNight And a happy New Year. Please turn off all cell phones and other electronic devices. Silent night,holy night, The use of cameras and recording equipment is not permitted in the concert hall.Thankyou. All is calm,all is bright Attention Auburn Sympnony Orchestra Attendees:Photography,filming and podcasts disclaimer: Round you Virgin Mother and Child. Please note that photographs and footage will be taken throughout tonight's event.These will be used by Auburn Symphony Orchestra for Holy infant so tender and mild, marketing and publicity in our publications,on our website,and in social media or in any third party publication.Please contact the event organizer if you have any concerns or if you wish to be exempted from this activity. Sleep in heavenly peace,Sleep in heavenly peace. Page 17 of 51 CITY OF J\I.JBU1R.ts4 AGENDA BILL APPROVAL FORM WASHINGGTTON Agenda Subject: Meeting Date: Ordinance No. 6962 (Gaub) (5 Minutes) January 13, 2025 An Ordinance granting to City of Kent, a Washington Municipal Corporation, a Franchise for Water Facilities Department: Attachments: Budget Impact: Public Works Draft Ordinance No. 6962, Vicinity Map Administrative Recommendation: For discussion only. Background for Motion: Background Summary: Section 20.02.040 of the Auburn City Code requires a franchise for any utility or telecommunications carrier or operator to use Public Ways of the City and to provide service to persons or areas inside or outside of the City. City of Kent has applied for a new Franchise Agreement to continue to operate their existing water facilities in the Public Ways within the Auburn City Limits. Kent currently provides potable water service for human consumption or other domestic use, including residential, commercial and wholesale use and fire suppression purposes within the portion of Kent's water service boundary area that is within the Auburn City Limits. This includes the area known as the "Bridges" that was annexed from Kent into Auburn in 2023 and was included in the Interlocal Agreement with Kent and required to be completed following the annexation actions. The proposed agreement is consistent with the City's standard Franchise Agreement language. A Public Hearing to consider this application and take public comment is scheduled before the City Council on January 21, 2025 in accordance with Auburn City Code 20.04.040. Councilmember: Tracy Taylor Staff: Ingrid Gaub Page 18 of 53 ORDINANCE NO. 6962 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO CITY OF KENT, A WASHINGTON MUNICIPAL CORPORATION, A FRANCHISE FOR WATER FACILITIES WHEREAS, The City of Kent ("Franchisee") has applied for a non-exclusive Franchise for the right of entry, use, and occupation of certain public ways within the City of Auburn ("City"), expressly to install, construct, operate, maintain, repair, relocate, and remove its facilities in, on, over, under along, and/or across those public ways; and WHEREAS, following proper notice, the City Council held a public hearing on Franchisee's request for a Franchise; and WHEREAS, based on the information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council now deems it appropriate and in the best interest of the City to grant the Franchise to Franchisee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN as follows: Section 1. Definitions For the purpose of this Franchise and the interpretation and enforcement thereof, definitions of words and phrases shall be in accordance with the definitions set forth in this Franchise and in Auburn City Code 20.02.020. If there is a conflict between any of the definitions set forth in this Franchise and the definitions set forth in Auburn City Code 20.02.020, the definitions in this Franchise shall govern to the extent of such conflict. A. "ACC" means the Auburn City Code. B. "Fire Flow" means the measure of sustained flow of available water required for firefighting of a specific building or structure within a specific area at 20 pounds per square inch residual pressure and shall be corrected to the lowest gallonage available based on peak-period demands and seasonal demands. C. "Fire Hydrant" means a public fire hydrant situated and maintained to provide water for firefighting purposes. Public fire hydrants are without restriction Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 1 of 23 Page 19 of 53 as to use for that purpose. The location of a fire hydrant is such that it is accessible for immediate use of the fire authority at all times. D. "Force Majeure Event" means and shall include without limitation, war, civil disturbance; flood, earthquake or other Act of God; storm or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service; laws, regulations, rules or orders of any governmental agency; a public health emergency as declared by the State of Washington or local County governing the Franchise Area; sabotage; strikes or similar labor disputes involving personnel of a party, its contractors or a third party; or any failure or delay in the performance by the other party, or third party who is not an employee, agent or contractor of the party claiming a Force Majeure Event, in connection with this Franchise. E. "Franchise" means this agreement approved by Ordinance No. 6962 of the City which authorizes Franchisee Facilities to provide Franchisee Services in the Franchise Area. F. "Franchise Area" means the public ways specified in Exhibit "A". G. "Franchisee Facilities" means water supply transmission and distribution mains, interties, pipes, Fire Hydrants, valves, water services and meters, water system communication and monitoring equipment, and all other appurtenances necessary or convenient for the purpose of providing water service, including any part thereof used or usable for the delivery of water for Fire Flow and fire suppression purposes, that are constructed, operated, owned, and maintained within the public ways that are located in the Franchise Area. H. "Franchisee Services" means providing potable water service for human consumption or other domestic use, including residential, commercial, and wholesale use, and Fire Flow and fire suppression purposes. A water service extends from the public water main to and including the water meter and is owned and maintained by the Franchisee. I. "Public Improvement" means any capital improvement, maintenance, or repair that is undertaken by or on behalf of the City and is funded by the City (either directly or indirectly with its own funds or with other public monies obtained by the City), including any capital improvement within the City's adopted Transportation Improvement Plan or Capital Facilities Plan. Section 2. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated in this Franchise, the City grants to the Franchisee general permission to enter, use, and occupy the public Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 2 of 23 Page 20 of 53 ways within the Franchise Area, located within the incorporated area of the City. Franchisee may locate the Franchisee's Facilities within the Franchise Area subject to all applicable laws, regulations, and permit conditions. B. The Franchisee is authorized to install, remove, construct, operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee's Facilities to provide Franchisee Services in the Franchise Area. C. This Franchise does not authorize the use of the Franchise Area for any facilities or services other than Franchisee Facilities and Franchisee Services, and it extends no rights or privilege relative to any facilities or services of any type, including Franchisee Facilities and Franchisee Services, on public or private property elsewhere within the City. D. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including other franchise agreements, impacting the Franchise Area, for any purpose that does not interfere with Franchisee's rights under this Franchise. E. Except as explicitly set forth in this Franchise, this Franchise does not waive any rights the City has or may acquire with respect to the Franchise Area or any other City roads, public ways, or property. This Franchise will be subject to the power of eminent domain, and in any proceeding under eminent domain, the Franchisee acknowledges its use of the Franchise Area shall have no value. F. The City reserves the right to change, regrade, relocate, abandon, or vacate any public way within the Franchise Area. If, at any time during the term of this Franchise, the City vacates any portion of the Franchise Area containing Franchisee Facilities, the City may reserve an easement for public utilities within that vacated portion, pursuant to Chapter 35.79.030 RCW, within which the Franchisee may continue to operate any existing Franchisee Facilities under the terms of this Franchise for the remaining period set forth under Section 4. G. The Franchisee agrees that its use of Franchise Area shall at all times be subordinated to and subject to the City and the public's need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. Section 3. Notice A. Written notices to the parties shall be sent by a nationally recognized overnight courier or by certified mail to the following addresses unless a different address is designated in writing and delivered to the other party. Any such written notice shall become effective upon receipt by certified mail, confirmed delivery by Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 3 of 23 Page 21 of 53 overnight courier, or the date stamped received by the City. Any communication made by telephone, e-mail, or similar method will not constitute notice pursuant to this Franchise, except where expressly permitted in this Franchise. City: Right-of-Way Specialist Public Works Department - Transportation City of Auburn 25 West Main Street Auburn, WA 98001-4998 Telephone: (253) 931-3010 Rowusepermit@auburnwa.gov with a copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001-4998 Franchisee: City of Kent Attn: City of Kent Water Manager- Public Works Operations 220 Fourth Avenue South Kent, WA 98032 Telephone: 253-856-5600 Email Address: PWOps@KentWA.gov with a copy to: City of Kent Attn: City Clerk 220 Fourth Avenue South Kent, WA 98032 Telephone: 253-856-5725 Email Address: CityClerk@KentWA.gov B. Any changes to the above-stated Franchisee information shall be sent to the City's Right-of-Way Specialist, Public Works Department — Transportation Division, with copies to the City Clerk, referencing the title of this Franchise. C. The above-stated Franchisee voice telephone numbers shall be staffed at least during normal business hours, Pacific time zone. The City may contact Franchisee at the following number for emergency or other needs outside of normal business hours of the Franchisee: (253-856-5600). Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 4 of 23 Page 22 of 53 Section 4. Term of Franchise A. This Franchise shall run for a period of twenty (20) years, from the date of Franchise Acceptance as described in Section 5 of this Franchise. B. Automatic Extension. If the Franchisee fails to formally apply for a new franchise agreement prior to the expiration of this Franchise's term or any extension thereof, this Franchise automatically continues month to month until a new franchise agreement is applied for and approved under the then current process or until either party gives written notice at least one hundred and eighty (180) calendar days in advance of intent to cancel this Franchise. Franchisee shall be responsible for paying applicable fees for month-to-month Franchise status per the City of Auburn fee schedule in effect at the time the Agreement goes into month-to-month status. Section 5. Acceptance of Franchise A. This Franchise will not become effective until Franchisee files with the City Clerk (1) the Statement of Acceptance (Exhibit "B"), (2) all verifications of insurance coverage specified under Section 15, and (3) payment of any outstanding application fees required in the City Fee Schedule. These three items will collectively be the "Franchise Acceptance". The date that such Franchise Acceptance is filed with the City Clerk will be the effective date of this Franchise. B. If the Franchisee fails to file the Franchise Acceptance with the City Clerk within thirty (30) calendar days after the effective date of the ordinance approving the Franchise as described in Section 26 of this Franchise, the City's grant of the Franchise will be null and void. Section 6. Construction and Maintenance A. The Franchisee shall apply for, obtain, and comply with the terms of all permits required under applicable law for any work done within the City. Franchisee will comply with all applicable City, State, and Federal codes, rules, regulations, and orders in undertaking such work. B. Franchisee agrees to coordinate its activities with the City and all other utilities located within the public way within which Franchisee is undertaking its activity. C. The City expressly reserves the right to prescribe how and where Franchisee's Facilities will be installed within the public way and may require the removal, relocation and/or replacement thereof in the public interest and safety at the expense of the Franchisee. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 5 of 23 Page 23 of 53 D. Franchisee's Facilities shall be constructed, installed, maintained, and repaired within the Franchise Area so as to provide safety of persons and property, and not interfere with the free passage of traffic, all in accordance with the laws of the State of Washington, and the ordinances, resolutions, rules and regulations of the City. E. If work performed under this Franchise by the Franchisee makes it necessary to turn off or diminish water pressure or potential Fire Flow to any Fire Hydrant, the Franchisee shall notify Valley Regional Fire Authority (VRFA) by telephone at 253-288-5870, email at fire.marshal@vrfa.org, or written notice, that water pressure or Fire Flow conditions may be affected. Except in the case of an emergency, the notice shall be provided at least forty-eight (48) hours prior to the water pressure or potential Fire Flow being suspended or diminished. If more than one Fire Hydrant will be affected, the Franchisee shall provide a map of the affected area to VRFA. Out-of-service Fire Hydrants must be identified as not operational by covering with a properly secured burlap or plastic bag. Fire Hydrants should be returned to full service as soon as reasonably possible or no longer than two (2) calendar days from the date service was suspended or diminished. The Franchisee shall notify VRFA when the Fire Hydrant(s) is/are returned to full service. F. Before beginning any work within the public way, the Franchisee will comply with the One Number Locator provisions of Chapter 19.122 RCW to identify existing utility infrastructure. G. Tree Trimming. Upon prior written approval of the City the Franchisee shall have the authority to trim trees upon and overhanging streets, public ways and places in the Franchise Area so as to prevent the branches of such trees from coming in physical contact with the Franchisee's Facilities. Franchisee shall be responsible for debris removal from such activities. If such debris is not removed within twenty-four (24) hours, the City may, at its sole discretion, remove such debris and charge the Franchisee for the cost thereof. This Section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any such general vegetation clearing will require other permits as necessary from the City. H. Franchisee shall notify the City by email or written notice, a minimum of fifteen (15) calendar days in advance of discharge of Franchisee water supply from a reservoir into the City's storm water system in the Franchise Area. The City will review to ensure the ability of the City storm system to handle the additional water. The City may deny any request based on the needs of the City but will work with the Franchisee to coordinate a mutually agreed upon time to discharge water to the City storm system. Any approval by the City for the Franchisee to discharge water into the City storm system must be in writing. Any Franchisee water Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 6 of 23 Page 24 of 53 discharged to the City's storm water system must comply with all applicable federal and state water quality standards and the City's NPDES permit relating to the City's storm water system. The Franchisee will employ appropriate BMPs to ensure City's storm water system capacity is not exceeded or damaged. I. Flushing of water system and other Franchisee activities not identified in paragraph H above shall not require advance notification. Any Franchisee water discharged to the City's storm water system must comply with all applicable federal and state water quality standards and the City's NPDES permit relating to the City's storm water system. The Franchisee will employ appropriate BMPs to ensure City's storm water system capacity is not exceeded or damaged. Section 7. Repair and Restorations A. If the City Engineer determines that Franchisee's Facilities or Franchisee's construction, maintenance, repair, relocation, or replacement of facilities within the Franchise Area is the cause of damage, degradation, failure, or substandard condition of a Street, during the term of this Franchise, the City will notify Franchisee by email or written notice and Franchisee will repair or replace the subject Street in accordance with City Engineering Design Standards and subject to applicable permits, within ninety (90) calendar days of the City's notification unless granted additional time by the City Engineer. If the City determines the subject Street condition poses an immediate threat to health, safety, vital traffic operations, property, or critical areas, Section 8 shall apply. B. For purposes of this Section, "street" shall mean all City owned improvements within a public way, including, but not limited to, the following: pavement, sidewalks, curbing, above and below-ground utility facilities, traffic control devices, landscape areas, and vegetation in unopened rights-of-way. Section 8. Emergency Repair Work A. In the event of an emergency, the Franchisee may commence repair and emergency response work as required under the circumstances. The Franchisee will notify the City telephonically during normal business hours (at 253- 931-3010) and during non-business hours (at 253-876-1985) as promptly as possible, before such repair or emergency work commences, and in writing as soon thereafter as possible. Such notification shall include the Franchisee's emergency contact phone number for corresponding response activity. B. The City may commence emergency response work, at any time, without prior written notice to the Franchisee, but will notify the Franchisee, by email or in writing, as promptly as possible under the circumstances. Franchisee Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 7 of 23 Page 25 of 53 will reimburse the City for the City's actual cost of performing emergency response work. Section 9. Damages to City and Third-Party Property Franchisee agrees that if any of its actions, or the actions of any person, agent, or contractor acting on behalf of the Franchisee under this Franchise impairs or damages any City property, survey monument, or property owned by a third-party, Franchisee will restore, at its own cost and expense, the property to a safe condition. Upon returning the property to a safe condition, the property shall then be returned to the condition it was in immediately prior to being damaged (if the safe condition of the property is not the same as that which existed prior to damage). All repair work shall be performed and completed to the satisfaction of the City Engineer. Section 10. Location Preference A. Any structure, equipment, appurtenance, or tangible property of a utility or other franchisee, other than the Franchisee's, which was installed, constructed, completed or in place prior in time to Franchisee's application for a permit to construct or repair Franchisee's Facilities under this Franchise shall have preference as to positioning and location with respect to the Franchisee's Facilities. However, to the extent that the Franchisee's Facilities are completed and installed before another utility or other franchisee's submittal of a permit for new or additional structures, equipment, appurtenances, or tangible property, then the Franchisee's Facilities will have priority. These rules governing preference shall continue when relocating or changing the grade of any City road or public way. A relocating utility or franchisee will not cause the relocation of another utility or franchisee that otherwise would not require relocation. This Section will not apply to any City facilities or utilities that may in the future require the relocation of Franchisee's Facilities. Such relocations will be governed by Section 11. B. When constructing new Franchisee Facilities, or replacing or reconstructing Franchisee Facilities, Franchisee shall maintain minimum underground separation requirements from all City water, sanitary sewer, and storm water facilities in accordance with the City Engineering Design and Construction Standards; provided, that for development of new areas, the City, in consultation with Franchisee and other utility purveyors or authorized users of the Franchise Area, will develop and follow the City's determination of guidelines and procedures for determining specific utility locations, subject additionally to this agreement. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 8 of 23 Page 26 of 53 Section 11. Relocation of Franchisee Facilities A. Whenever the City causes a Public Improvement to be constructed within the Franchise Area, and such Public Improvement requires the relocation of Franchisee Facilities within the Franchise Area (for purposes other than those described in Section 11.6 below): 1. The City shall provide Franchisee with written notice requesting such relocation, along with review plans and/or other detailed document(s) for the Public Improvement that are sufficiently complete as determined by the City Engineer to allow for Franchisee's initial evaluation and coordination of the relocation. The City shall provide the Franchisee with the City's anticipated construction schedule and the date, either before or during the construction of the Public Improvement, the City requires the Franchisee to complete the relocation. If the Franchisee desires clarification, alternatives to relocation, or a relocation schedule that varies from that provided by the City, the Franchisee will provide written request to the City within fourteen (14) calendar days of receiving the relocation notice from the City and then Section 11.A.2 shall apply to the relocation, otherwise, the Franchisee agrees to conduct the relocation as required by the City and Section 11.A.2 shall not apply to the relocation. 2. Subject to the notice requirement of Section 11.A.1, the City and Franchisee shall discuss relocation requirements and schedule, and jointly identify and define the project requirements, schedule, and timeframe of relocation that the Parties agree shall govern the relocation. The Parties will document the mutual agreement of these terms in writing. Except as approved otherwise in writing by the City, in no case shall the Franchisee's relocation be completed more than 180 calendar days after initial notification by the City. 3. Franchisee shall relocate such Franchisee Facilities within the Franchise Area, at no charge to the City and in accordance with the relocation schedule required by the City or otherwise mutually agreed upon by the Parties per Section 11.A.2. B. Whenever (i) any public or private development within the Franchise Area, other than a Public Improvement, requires the relocation of Franchisee Facilities within the Franchise Area to accommodate such development: or (ii) the City requires the relocation of Franchisee Facilities within the Franchise Area for the benefit of any person or entity other than the City (including, without limitation, any conditions or requirement imposed by the City on such person or entity pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development), then in such event, Franchisee shall have Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 9 of 23 Page 27 of 53 the right as a condition of such relocation, to (i) require such developer, person or entity to cause such relocation to occur at their own expense, subject to Franchisee's review and approval of design plans prepared by such developer, person or entity; or(ii)to require such developer, person or entity to make payment to Franchisee, at a time and upon terms acceptable to Franchisee, for any and all costs and expenses incurred by Franchisee in connection with such relocation of Franchisee Facilities. C. Subject to the terms of this Section 11 and consistent with Section 14 and to the maximum extent provided by applicable law, Franchisee shall reimburse the City for any costs, expenses, and/or damages incurred as a result of: 1) The Franchisee not providing the City accurate or sufficient location or other information regarding Franchise Facilities during design or construction of the Public Improvement, or 2) Franchisee's delay in meeting the mutually-established schedule for the relocation work required to accommodate a Public Improvement to the extent the delay is directly caused by Franchisee's breach of its obligations under this Section 11 with respect to the relocation of Franchisee Facilities in accordance with the mutually established schedule for the relocation work. D. Nothing in this Section 11 shall require Franchisee to bear any cost or expense in connection with the location or relocation of any Franchisee Facilities then existing pursuant to easement or such other rights not derived from this Franchise. E. In the event that a conflict with Franchise Facilities is discovered during construction of a capital improvement, within seven (7) calendar days of this determination, the City and Franchisee shall discuss relocation requirements and schedule, and jointly identify and define the relocation requirements, schedule, and timeframe of relocation that the Parties agree shall govern the relocation. The Parties may agree to include relocation as part of the City's capital improvement with Franchisee reimbursing the costs of design, City inspection time, and relocation of Franchise Facilities. The Parties will document the mutual agreement of these terms in writing. Additionally, any and all damages or costs associated with the conflict shall be subject to Section 11.C. Section 12. Abandonment and or Removal of Franchisee Facilities A. Within one hundred and eighty (180) calendar days of Franchisee's permanent cessation of use of any portion of the Franchisee Facilities, the Franchisee will, at the City's discretion, either abandon in place or remove the affected facilities. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 10 of 23 Page 28 of 53 B. Franchisee may ask the City in writing to abandon, in whole or in part, all or any part of the Franchisee Facilities. Any plan for abandonment of Franchisee Facilities must be approved in writing by the City. C. The parties expressly agree that this Section will survive the expiration, revocation or termination of this Franchise. Section 13. Franchisee Information A. Franchisee agrees to supply, at no cost to the City, any information requested by the City that the City determines is necessary to coordinate municipal functions with Franchisee's activities and fulfill any municipal obligations under state law. Said information will include, at a minimum, as-built drawings of Franchisee's Facilities, installation inventory, and maps and plans showing the location of existing or planned facilities within the City. Said information may be requested either in hard copy or electronic format, compatible with the City's data base system, including the City's Geographic Information System (GIS) data base. Franchisee will keep the City informed of its long-range plans for coordination with the City's long-range plans. B. The parties understand that Chapter 42.56 RCW and other applicable law may require public disclosure of information given to the City. In the event the City receives a request under Chapter 42.56 RCW involving Franchisee's information described in Section 13.A., the City shall provide email notice to Franchisee at least ten (10) days prior to release of any records that either 1) Could be excluded from public records release to protect public safety and security, including pump station and reservoir as-built records, system operating plans, vulnerability assessments, and other records the City determines the Franchisee may seek to exclude from public records release for this reason; or 2) Records the Franchisee has labelled with the statement "DO NOT RELEASE BEFORE NOTIFYING THE CITY OF KENT" or similar statement. The warning statement shall also reference this agreement by number, be in red lettering, in 16 font or greater, and on the front of the electronic or paper document. Section 14. Indemnification and Hold Harmless A. Franchisee shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Franchisee's acts, errors or omissions, or from the conduct of Franchisee's business, or from any activity, work or thing done, permitted, or suffered by Franchisee arising from or in connection with this Franchise, except only such injury or damage as shall have been occasioned by the sole negligence of the City. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 11 of 23 Page 29 of 53 However, should a court of competent jurisdiction determine that this Franchise is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Franchisee and the City, its officers, officials, employees, and volunteers, the Franchisee's liability hereunder shall be only to the extent of the Franchisee's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Franchisee's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this Section shall survive the expiration or termination of this Franchise. B. The Franchisee will hold the City harmless from any liability arising out of or in connection with any damage or loss to the Franchisee's Facilities caused by maintenance and/or construction work performed by, or on behalf of, the City within the Franchise Area or any other City road, public way, or other property, except to the extent any such damage or loss is directly caused by the negligence of the City, or its agent performing such work. C. The Franchisee acknowledges that neither the City nor any other public agency with responsibility for firefighting, emergency rescue, public safety or similar duties within the City has the capability to provide trench, close trench or confined space rescue. The Franchisee, and its agents, assigns, successors, or contractors, will make such arrangements as Franchisee deems fit for the provision of such services. The Franchisee will hold the City harmless from any liability arising out of or in connection with any damage or loss to the Franchisee for the City's failure or inability to provide such services, and, pursuant to the terms of Section 14.A., the Franchisee will indemnify the City against any and all third-party costs, claims, injuries, damages, losses, suits, or liabilities based on the City's failure or inability to provide such services. D. The Franchisee shall be solely and completely responsible to perform all work related to this Franchise in compliance with all applicable law. The Franchisee's attention is directed to the requirements of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. The Franchisee shall be solely and completely responsible for safety and safety conditions on its job sites and for its work within the Franchise Area, including the safety of all persons and property during performance of any works therein. The services of the City or City's consultant personnel in conducting construction review of the Franchisee's work relating to the Franchise is not intended to include review of the adequacy of the Franchisee's work methods, equipment, scaffolding, or trenching, or safety measures in, on or near such job site within the public way. The Franchisee shall provide safe access for the City and its inspectors to adequately inspect the work and its conformance with applicable law and the Franchise. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 12 of 23 Page 30 of 53 E. Indemnification for Relocation. Franchisee will defend, indemnify, and hold the City harmless for any damages, claims, additional costs or reasonable expenses and attorneys' fees, including contractor construction delay damages, assessed against or payable by the City and arising out of or resulting from Franchisee's negligence or willful misconduct contributing to Franchisee's failure to remove, adjust, or relocate any of its facilities in the public way in accordance with any relocation required by the City, provided that Franchisee will not be liable under this Section if Franchisee's failure to remove, adjust, or relocate any of its facilities is the result of a Force Majeure Event. Section 15. Insurance A. The Franchisee shall procure and maintain for the duration of this Franchise and as long as Franchisee has Facilities in the public way, insurance against claims for injuries to persons or damage to property which may arise from or in connection with this Franchise and use of the public way. B. No Limitation. The Franchisee's maintenance of insurance as required by this Franchise shall not be construed to limit the liability of the Franchisee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. C. Minimum Scope of Insurance. The Franchisee shall obtain insurance of the types and coverage described below: 1. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, pollution liability, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse, or underground property damage. The City shall be named as an additional insured under the Franchisee's Commercial General Liability insurance policy with respect this Franchise. 2. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles. Coverage shall be at least as broad as ISO form CA 00 01. 3. Contractor's Pollution Liability insurance shall be in effect throughout the entire Franchise covering losses caused by pollution conditions that arise from the operations of the Franchisee. Contractor's Pollution Liability shall cover bodily injury, property damage, cleanup costs, Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 13 of 23 Page 31 of 53 and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 5. Excess or Umbrella Liability insurance shall be excess over and at least as broad in coverage as the Franchisee's Commercial General Liability and Automobile Liability insurance. The City shall be named as an additional insured on the Franchisee's Excess or Umbrella Liability insurance policy. D. Minimum Amounts of Insurance. The Franchisee shall maintain insurance that meets or exceeds the following limits: 1. Commercial General Liability insurance shall be written with limits no less than $5,000,000 each occurrence, $5,000,000 general aggregate. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $5,000,000 per accident. 3. Contractors Pollution Liability insurance shall be written in an amount of at least $2,000,000 per loss, with an annual aggregate of at least $2,000,000. 4. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington and employer's liability insurance with limits of not less than $1,000,000. 5. Excess or Umbrella Liability insurance shall be written with limits of not less than $5,000,000 per occurrence and annual aggregate. The Excess or Umbrella Liability requirement and limits may be satisfied instead through Franchisee's Commercial General Liability and Automobile Liability insurance, or any combination thereof that achieves the overall required limits. E. Other Insurance Provisions. Franchisee's Commercial General Liability, Automobile Liability, Excess or Umbrella Liability, Contractor's Pollution Liability insurance policy or policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Any insurance, self- insurance, or self-insured pool coverage maintained by the City shall be excess of the Franchisee's insurance and shall not contribute with it. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 14 of 23 Page 32 of 53 F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. G. Contractors and Subcontractors. The Franchisee shall cause each and every contractor and subcontractor to provide insurance coverage that complies with all applicable requirements of the Franchisee-provided insurance as set forth herein, except that the Franchisee shall have sole responsibility for determining the limits of coverage required to be obtained by contractors and subcontractors. The Franchisee shall ensure that the City is an additional insured on each and every contractor's and subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 26. H. Verification of Coverage. The Franchisee shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of this Franchise. Upon request by the City, the Franchisee shall furnish certified copies of all required insurance policies, including endorsements, required in this Franchise and evidence of all subcontractors' coverage. I. Notice of Cancellation. Franchisee shall provide the City with email or written notice of any policy cancellation within five (5) calendar days of their receipt of such notice. J. Failure to Maintain Insurance. Failure on the part of the Franchisee to maintain the insurance as required shall constitute a material breach of this Franchise, upon which the City may, after giving five (5) calendar days' written notice to the Franchisee to correct the breach, terminate the Franchise. K. City Full Availability of Franchisee Limits. If the Franchisee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Franchisee, irrespective of whether such limits maintained by the Franchisee are greater than those required by this Franchise or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Franchisee. L. Franchisee — Self-Insurance. Franchisee will have the right to self- insure any or all of the above-required insurance. Any such self-insurance is subject to approval by the City. If the Franchisee is self-insured or becomes self- insured during the term of the Franchise, Franchisee or its affiliated parent entity shall comply with the following: (1) Franchisee shall submit a letter to the City stating which of the above required insurance provisions in this Section 15 Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 15 of 23 Page 33 of 53 Franchisee proposes to self-insure; (2) provide the City, upon request, a copy of Franchisee's or its parent company's most recent audited financial statements, if such financial statements are not otherwise publicly available; (3) Franchisee or its parent company is responsible for all payments within the self-insured retention; and (4) Franchisee assumes all defense and indemnity obligations as outlined in Section 14. Section 16. Financial Security Pursuant to the authority in ACC 20.02.280.A, the City's Public Works Director has determined that the Franchisee shall not be required to provide the City with financial security for this Franchise. Section 17. Successors and Assignees A. All the provisions, conditions, regulations, and requirements contained in this Franchise are binding upon the successors, assigns of, and independent contractors of the Franchisee, and all rights and privileges, as well as all obligations and liabilities of the Franchisee will inure to its successors, assignees and contractors equally as if they were specifically mentioned herein wherever the Franchisee is mentioned. B. This Franchise will not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance. C. Franchisee and any proposed assignee or transferee will provide and certify the following to the City not less than ninety (90) calendar days prior to the proposed date of transfer: (1) Complete information setting forth the nature, term and conditions of the proposed assignment or transfer; (2) All information required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (3) An application fee in the amount established by the City's fee schedule, plus any other costs actually and reasonably incurred by the City in processing, and investigating the proposed assignment or transfer. D. Before the City's consideration of a request by Franchisee to consent to a Franchise assignment or transfer, the proposed Assignee or Transferee will file with the City a written promise to unconditionally accept all terms of the Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obligation to undertake any investigation of the transferor's state of compliance and failure of the City to insist on full compliance before transfer does not waive any right to insist on full compliance thereafter. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 16 of 23 Page 34 of 53 Section 18. Dispute Resolution A. In the event of a dispute between the City and the Franchisee arising by reason of this Franchise, the dispute will first be referred to the operational officers or representatives designated by City and Franchisee to have oversight over the administration of this Franchise. The officers or representatives will meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties will make a good faith effort to achieve a resolution of the dispute. B. If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies. This Franchise will be governed by and construed in accordance with the laws of the State of Washington. If any suit, arbitration, or other proceeding is instituted to enforce any term of this Franchise, the parties specifically understand and agree that venue will be exclusively in King County, Washington. The prevailing party in any such action will be entitled to its attorneys' fees and costs. Section 19. Enforcement and Remedies A. If the Franchisee willfully violates or fails to comply with any of the provisions of this Franchise through willful or unreasonable negligence or fails to comply with any notice given to Franchisee under the provisions of this Franchise, the City may, at its discretion, provide Franchisee with written notice to cure the breach within thirty (30) calendar days of notification. If the City determines the breach cannot be cured within thirty (30) calendar days, the City may specify a longer cure period, and condition the extension of time on Franchisee's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty (30) calendar day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Franchisee does not comply with the specified conditions, the City may, at its discretion, either (1) revoke the Franchise with no further notification, or(2) impose liquidated damages of Two Hundred Fifty Dollars ($250.00) per day for every day after the expiration of the cure period that the breach is not cured. The parties agree that the actual damages to the City from Franchisee failing to cure are not easily calculated and agree that the liquidated damages amount are a reasonable forecast of just compensation. B. If the City determines that Franchisee is acting beyond the scope of permission granted in this Franchise for Franchisee Facilities and Franchisee Services, the City reserves the right to cancel this Franchise and require the Franchisee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and if the Franchisee's Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 17 of 23 Page 35 of 53 actions are not allowed under applicable federal and state or City laws, to compel Franchisee to cease those actions. C. If Franchisee fails to substantially comply with any one or more of the provisions of this Franchise, Franchisee agrees to be responsible for any damages the City suffers as a result of Franchisee's failure (including, but not limited to: City staff time, material and equipment costs; compensation or indemnification of third parties; and the cost of removal or abandonment of facilities). Franchisee also specifically agrees that its failure to comply with the terms of this Section 19 will constitute damage to the City in the monetary amount set forth in subsection A of this Section. Section 20. Compliance with Laws and Regulations A. This Franchise is subject to, and the Franchisee will comply with all applicable federal, state, and City laws, regulations, and policies (including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. The Franchisee will be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area. B. The City reserves the right at any time to amend this Franchise to conform to any federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted pursuant to such federal or state statute or regulation enacted, amended, or adopted after the effective date of this Franchise if it provides Franchisee with thirty (30) calendar days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. The amendment will become automatically effective on expiration of the notice period unless, before expiration of that period, the Franchisee makes a written call for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) calendar days of the call for negotiations, the City may enact the proposed amendment, by incorporating the Franchisee's concerns to the maximum extent the City deems possible. C. The City may terminate this Franchise upon thirty (30) calendar days written notice to the Franchisee if the Franchisee fails to comply with such amendment or modification. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 18 of 23 Page 36 of 53 Section 21. License, Tax and Other Charges A. The City reserves the right to impose, to the extent authorized by law, a utility tax on the Franchisee and/or to charge the Franchisee a reasonable fee for services provided or rights granted under this Franchise. B. The Franchisee agrees that it shall be subject to all authority now or later possessed by the City or any other governing body having competent jurisdiction to fix just, reasonable, and compensatory rates for services under this Franchise. C. This Franchise will not exempt the Franchisee from any future license, tax, or charge which the City may adopt if authority is granted to it under state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area. Section 22. Consequential Damages Limitation Notwithstanding any other provision of this Franchise, in no event will either party be liable for any special, incidental, indirect, punitive, reliance, consequential or similar damages. Section 23. Severability If any portion of this Franchise is deemed invalid, the remainder portions will remain in effect, unless doing so will deny a party valuable consideration. Section 24. Titles The Section titles are for reference only and should not be used for the purpose of interpreting this Franchise. Section 25. Implementation The Mayor is authorized to implement those administrative procedures necessary to carry out the directions of this legislation. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 19 of 23 Page 37 of 53 Section 26. Effective Date This Ordinance will take effect and be in force five (5) calendar days from and after its passage, approval and publication as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason, Whalen, City Attorney Published: Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 20 of 23 Page 38 of 53 EXHIBIT "A" Franchise Area AREA A {KING COUNTY FRANCHISE 13083 AREA IN AUBURN INCLUDING 124TH AVENUE S NORTH OF BRIDGES) THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EAST OF THE WEST LINE OF THE GREEN RIVER; ALSO, THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EAST OF THE WEST LINE OF THE GREEN RIVER; EXCEPT THAT PORTION WITHIN THE CITY OF KENT ACCORDING TO CITY OF KENT ORDINANCE NUMBER 3171 RECORDED UNDER KING COUNTY RECORDING NUMBER 9407281510; ALSO, THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; ALSO, THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION WITHIN THE CITY OF KENT LIMITS ACCORDING TO CITY OF KENT ORDINANCE NUMBER 3171 RECORDED UNDER KING COUNTY RECORDING NUMBER 9407281510; ALSO, THE WEST 30 FEET OF THE SOUTH 700 FEET OF THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; AREA B {BRIDGES AND ADJACENT 124TH AVENUE S RIGHT OF WAY AND SE 288TH STREET} ALSO, BRIDGES, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 001 THROUGH 038, RECORDS OF KING COUNTY, WASHINGTON; ALSO, GOVERNMENT LOT 3, SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; ALSO, THE NORTH 26 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 21 of 23 Page 39 of 53 ALSO, ALL OF 124TH AVE SE RIGHT OF WAY LYING NORTH OF THE EASTERLY PROLONGATION OF THE SOUTHERLY RIGHT OF WAY LINE OF THE 68 FOOT WIDE RIGHT OF WAY OF SE 292nd St LYING WITHIN THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT GOVERNMENT LOT 3; AREA C {S 277TH STREET CORRIDOR} ALSO, ALL OF SOUTH 277TH STREET RIGHT OF WAY BOUNDED ON THE WEST BY THE WEST MARGIN OF CITY OF AUBURN CITY LIMITS AS DESCRIBED IN CITY OF AUBURN ORDINANCE NUMBER 3420. AND BOUNDED ON THE EAST BY THE EAST MARGIN OF THE CITY OF AUBURN CITY LIMITS ACCORDING TO CITY OF AUBURN RESOLUTION NUMBER 5101 AS DESCRIBED IN KING COUNTY RECORDING NUMBER 20150623000988, LYING WITHIN THE NORTH HALF OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AND THE NORTH HALF OF SECTION 31, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 22 of 23 Page 40 of 53 EXHIBIT "B" STATEMENT OF ACCEPTANCE City of Kent, for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. Franchisee Name Address City, State, Zip By: _ Date: Name: Title: STATE OF ) )ss. COUNTY OF ) On this day of _, 20 , before me the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared, of , the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of , residing at MY COMMISSION EXPIRES: Ordinance No. 6962 - DRAFT November 19, 2024 Franchise Agreement No. FRN24-0003 Page 23 of 23 Page 41 of 53 11 ��1� I i i I / / I I ME - .. 71 \al. 1....... �� 1, \ \ 1r ■ Ins, 11111m. lk I -�$ r is . 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I I I III ,��n .. ..,!CENT_u>t�� - Document Path: P:\O erations\Joe's Folders\Kent Aubu n Franchise Agreement\Exhibit Ma s.a rx -���INII����■■■■■►i� I I� [ ♦1011 I�"1 IIII / � p 9 P ,,P - ...__��uum I I I I I T -i III .ca..y�l. t �� 4 Page 42 of 53 CITY OF J\IJBURJ4 AGENDA BILL APPROVAL FORM WASHINGGTTON Agenda Subject: Meeting Date: Ordinance No. 6965 (Whalen) (5 Minutes) January 13, 2025 An Ordinance relating to the burden of proof in Dangerous Dog Appeals, and amending section 2.46.120 of the Auburn City Code Department: Attachments: Budget Impact: Legal Ordinance No. 6965, Ordinance No. 6965 Exhibit Administrative Recommendation: For discussion only. Background for Motion: Background Summary: Auburn City Code permits the City to deem dogs "dangerous" or "potentially dangerous" if the dog's actions meet the requirements of those designations. The designation then results in increased requirements for owners, including insurance coverage requirements and restraint requirements. When the City deems a dog dangerous or potentially dangerous, the owner may appeal the designation and seek review by a Hearing Examiner. In Dangerous Dog Designation Appeals, owners are afforded constitutional due process protections. Due process requires that the burden of proof in Dangerous Dog Appeals to fall on the City. Current Code does not specify a burden of proof for these types of matters and the default places the burden of proof on the appellant, in this case the dog's owner. This Code revision is necessary to accurately identify and prescribe the burden of proof in an appeal of a dangerous dog determination, protect the dog owners' constitutional due process rights, and comply with Mansour v. King County, 131 Wn. App. 255, 128 P.2d 1241 (2006). Councilmember: Cheryl Rakes Staff: Jason Whalen Page 43 of 53 ORDINANCE NO. 6965 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE BURDEN OF PROOF IN DANGEROUS DOG APPEALS, AND AMENDING SECTION 2.46.120 OF THE AUBURN CITY CODE WHEREAS, the City of Auburn provides a mechanism for individuals whose dog has been deemed dangerous or potentially dangerous pursuant to City Code to appeal that designation to a hearing examiner, WHEREAS, the City Code prescribes the burden of proof in appeals before the hearing examiner, WHEREAS, Mansour v. King County, 131 Wn. App. 255, 128 P.2d 1241 (2006), requires the burden of proof to be on the City in a dangerous dog appeal to prove the dog meets the definition of a dangerous or potentially dangerous dog, WHEREAS, the code revision is necessary to accurately identify and prescribe the burden of proof in an appeal of a dangerous dog determination, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. ACC 2.46.120 of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person Ordinance No. 6965 December 5, 2024 Page 1 of 2 Rev. 2024 Page 44 of 53 or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 6965 December 5, 2024 Page 2 of 2 Rev. 2024 Page 45 of 53 EXHIBIT A: Page 1 of 1 2.46.120 Burden of proof. Unless otherwise provided for in the Auburn City Code, the burden of proof before the hearing examiner shall be as follows: A. Appeal Hearings. The applicant/appellant shall have the burden of proof, by a preponderance of the evidence, as to material factual issues except where applicable city code provisions or state law provides otherwise. B. Land Use Application Hearings. For an application to be approved, a preponderance of the evidence presented at the hearing must support the conclusion that the application meets the legal decision criteria that apply. C. Dangerous Dog Appeals. For appeals of a potentially dangerous dog and/or dangerous dog determination, the city shall have the burden of Droving, by a preponderance of the evidence, that the animal at issue meets the City Code's definition of a potentially dangerous dog or dangerous dog. D. Code Enforcement Hearings. The city shall have the burden of proving, by a preponderance of the evidence, that a code violation has occurred and that the proposed corrective action is reasonable. Page 46 of 53 CITY OF J\IJBURJ4 AGENDA BILL APPROVAL FORM WASHINGGTTON Agenda Subject: Meeting Date: Ordinance No. 6966 (Whalen) (5 Minutes) January 13, 2025 An Ordinance relating to bases for eviction from rental housing, and repealing section 5.23.070 of the Auburn City Code Department: Attachments: Budget Impact: Legal Ordinance No. 6966, Ordinance No. 6966 Exhibit Administrative Recommendation: For discussion only. Background for Motion: Background Summary: Auburn City Code (ACC) 5.23.070 was implemented in 2020 and outlined the bases which constituted "just cause" for eviction within the City of Auburn. Landlord-tenant relations, responsibilities, and rights are an area of increased state regulation. The Residential Landlord-Tenant Act, Chapter 59.18 RCW, provides for the bases of eviction in residential tenancies throughout the state and prescribes the rights, responsibilities, and procedures for parties to an eviction. ACC 5.23.070 contains departures from state law, which were examined in Valley Cities Counseling and Consultation v. Eddines 31 Wn. App. 2d 863, 553 P.3d 693 (Div. 1 . 2024). The Eddines Court found ACC 5.23.070 conflicted with state law and state law preempts at least one of the bases for eviction outlined in ACC 5.23.070. The Court found that the City is unable to modify or exclude the bases outlined in state law, and would further be unable to modify the procedural provisions or requirements of the Residential Landlord Tenant Act contained in Chapter 59.18 RCW. The proposed repeal of ACC 5.23.070 was reviewed by the Legal Department and Community Development. It achieves legal compliance with the Eddines ruling, compliance with State law, and the bases for eviction and procedures outlined in the Residential Landlord-Tenant Act remain valid law applicable to residential tenancies in the City of Auburn. Councilmember: Yolanda Trout-Manuel Staff: Jason Whalen Page 47 of 53 ORDINANCE NO. 6966 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO BASES FOR EVICTION FROM RENTAL HOUSING, AND REPEALING SECTION 5.23.070 OF THE AUBURN CITY CODE WHEREAS, the City of Auburn implemented through ACC 5.23.070 restrictions on eviction in the City to an enumerated list of circumstances constituting just cause for eviction, WHEREAS, said provision of City Code having been reviewed in Valley Cities Counseling and Consultation v. Eddines, 31 Wn. App. 2d 863, 553 P.3d 693 (Div. 1. 2024), and said court decision having found Chapter 59.18 RCW in conflict with ACC 5.23.070.A, WHEREAS, a code repeal is necessary to accurately reflect the law applicable in the City of Auburn and correct any conflicts with Chapter 59.18 RCW, WHEREAS, with the code repeal, the bases for eviction contained in Chapter 59.18 RCW will remain applicable to the City of Auburn, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. ACC 5.23.070 of the Auburn City Code is repealed, and shall be modified as shown in Exhibit A. Section 2. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, Ordinance No. 6966 December 5, 2024 Page 1 of 2 Rev. 2024 Page 48 of 53 section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney Published: Ordinance No. 6966 December 5, 2024 Page 2 of 2 Rev. 2024 Page 49 of 53 EXHIBIT A: Page 1 of 4 5.23.070 Just cause eviction. A. Pursuant to provisions of the Washington State Residontial Landlord Tonant Act (RCW 50.1 E.290), owners may not evict residential tenants without a court order, which can be issued by a court only after the tonant hao an opportunity in a show cause hearing to contest the eviction (RCW 59.18.380). Owners of housing unite shall not evict or attempt to evict any tenant, refuse to renew or continue a tenancy after expiration of the rental agreement, or otherwise terminate or attempt to terminate the tenancy of any tonant unlosc the owner can prove in court thct just cause exists. Owners may not evict residential tenants from rental housing units if the units are not licensed with the city of Auburn ao required by Chapter 5.22 ACC, regardless of whotha just cause for eviction may exist. An owner is in compliance with licensing requirement if the rental housing unit io licensed with the city of Auburn purouant to Chapter 5.22 ACC before entry of a court order authorizing eviction or before a writ of restitution is granted. A coNrt may grant a continswce in an eviction action in order to give the owner time to license the rental housing a nit. Tho ro&oons for torminatin of tenancy listen below and no othm sh !l constitute just&a )w under this section: 1. Tho tonant fails to comply with a 11 day notice to pay rent or vacato purouant to RCW 59 1 030(3); a 10 da i notice to comply or vacato ps:rs nt to RCW 59.12.030(4); or a three day notice to vacate for waste, nuisance (including a drug related activity nuisance pNroswt to Chapter 7.43 RCW), or maintenance of an Nnlawfal bsoinccs or conduot paroa\snt to- ROW 59.12.030(5); 2. The tcncnt h‘itiAwclly fails to pay rent when due which causes the owner to notify the tenant in writing of late rent four or more timoo in a 12 month period; 3. The en nt fails to comply with a 10 day notice to comply or vacate that requires complicne- with c me crial term of the rcn el agreement er that requires compliance with c meterial obligation under RCW 60.18.120; 4 -T-hie-tv'nant hQbit6&ly fails to comply with the material terms of the rental agreement which ev6,\Cti\O the owner to serve a 10 day notice to comply or vacate three or more times in a 12 month period; 5. The owner seeks possession so that the owner or a member of his or hor immodiate family may occupy tho unit o that person'o principal residence and no substantially equivalont snit io vacant and availcblo in the c e bu ildinn nd the „ er has g en the tonant at Last 00 days' advance written notice of the date the tonant'o possession is to end. The director of community- development may reduco tho timo required to give notice to no lem: then 50 days if the director of community development determines that delaying occupancy will moult in a personal hardship to the owner or to the ownor'o immediate family. Personal har 'ship may include but is not limited to hardship caused by illness or accidont, Nnemployment, or job relocation. There is Page 50 of 53 EXHIBIT A: Page 2 of 4 a rebuttable presumption of a violation of this osbacction if the owner or a member of the owner's immediate family fails to occupy thc unit ao that p°rson's principal residence for at least 60 consecutive days during the 90 days immediately after the tenant vacated the unit ps:rouant to a notice of termination or eviction using thin as,baectian as the cause for eviction; 6. The owner elects to sell a dwelling unit ostject to the provisions of this chapter and gives the tencnt ot I act 90 days' written notice prior to the date set for vacating, which date shall coincide with the end of the term of a rental agreement, or if the agreement is month to month, with the last day of a monthly period. The director of community development may reduce the time required to give notice to no Lem than 60 days if the director of community development determinoo that providing 90 days' notitios:lt in a personal hardship to the owner Personal hardship may include bs` is not limited to hardship caused by illness or accident, unemployment, or job relocation. For the purposes of thio oabocction, an owner"elects to sell" when the owner makes reasonable attempts to sell the dwelling within 30 days after the tenant has vacated, including, at a minimum, liating it for sale at a reasonable price with a realty There shall be a rcb itteblo presumption that the, owner did not intend to sell the unit if: a. Within 30 days after the tenant hoc.vacated, the owner does not list the single family dwelling unit for sale at a reasonable price with a realty agency or advertise it ftv ocic at reasonable price in a new1-\ap of general circulation, or b. Within 90 days after the date the tenant vacated or the date the property was listed for sale, whichever is later, the owner withdraws the rontcl unit from the market, rents the unit to someone othor then thc former tenant, or otherwise indicatoo the the owner does not intend to sell the unit; ' :cant'e occupancy is conditioned upon omployment on the property and the cmploysnront io torminotaeli 8. The owner seeks to do oubotcnticl rcheUlitcvion in the building and gives the tcncnt t Last 120 days' written notice prior to the date set for vacating. To utilize thin ba\aia o the rationale for tc minaion, the owner must obtain at toast one permit necessary for the rehabilitation before torminc ing the tenancy; 9. The owner elects to demolioh tho building, convert it to a cooperative, or convert it to a nonresident :nx o and gives the tenant at I„ st 120 days' written notice prior to the date set for vacating. To utilize thio baK.o ago the rationale for termination, the owner must obtain a permit necessary to demolish or change the use before terminating any tenancy or converting the building to a condominium; 10. The owner seeks to discontinue use of a housing unit unas,`horized by ACC Title 18 after receipt of a notice of violation• e Page 51 of 53 EXHIBIT A: Page 3 of 4 11. The owner seeks to reduce the number of indivikwlc rvs ding in a dwelling unit to comply with tho maximum limit of individuals allowed to occupy one dwelling snit ca ra,qu1ced by ACC Titlao 15 and 18, and a— i. The number of such individuals was more than i lawful under the current version of ACC Title 15 or 18, and ii. That nNmber has not increased with the knowledge or consent of the owner and iii. The owner is either unwilling or unable to obtain a permit to allow the unit with that number of residents; and b. The ownv- aenv cnsn a with a 30 day notice, informing the twIentg the;the- number of tenants exceeds thc legal limit and mat be reduced to the legal limit; and c. After expiration of thc 30 day notice, the owner has ierved the tenants with and the tenant hove failed to comply with a 10 day notice to comply with the limit on the number of eees:psnts or vacate; and d. If there is more than one rental agreement for the unit, the owner may choose which agreements to terminate; provided, that the owner may either terminate no more than the- minimum number of rental agreements necessary to comply with the le UI limit on the number of ocaup&nts, or at the owner's option terminate only those agreements invoking the minimam number of oceap&nts necessary to comply with the legal limit; 12. An emergency order requiring thet tho housing unit be vacated and closed has been issued purouaant to ACC Title 15 and the emergency conditions identified in the order have not been corrected• 13. The owner seeks to discontinue sharing with a tenant of the owner's own housing unit, i.e., tho unit in which the owner residee, &ooio to tormincte the tenancy of a tenant of an accessory dwelling unit that io accessory to the housing unit in which the owner resides, or seeks to tvmime the tenancy of a tc\ncnt in c cingIe family dwelling unit-and the owner residoo in an accessory dwelling unit on tho same-lot. This subsection does not apply if the owner has received a notice of„iolatien of the de„elopmvnt`cndards of ACC Title 19; 14. A tenant, or with the consent of the toncnt, the-toncnt'o oubtoncnt, oubleccee, resident, or guc\t, hcc engaged in orimincl activity c\n the Kemises, or on tho property or public right of way abutting the premises, and the own has Necified in the notice of termination the crime alleged to have been committed and the general fasts supporting the allegation, and hso &poured that the department has recorded receipt of a copy of the notice of termination. For purposes of this subsection a person hea "engaged in orimincl activity" if he or she: Page 52 of 53 EXHIBIT A: Page 4 of 4 a. Engages in drug related activity that would constitute a violation of Chapter 69.41, 69.50, or 60.52 RCW; or b. Engages in activity that is a crime under the laws of this state, but only if the activity subs.t nt�nlly affects the health or safety of other tenants or the owner. B. Any rental agreement provision which waives or purports to waive any right, benefit or entitlement crgatcd by this section shall be deemed void and of no lawful force or effect. C. With any termination notices required by law, owners terminating or refusing to renew or continue a tenancy protected by this section shall advise the affected tenant or ensnts in writing of the reasons for the terming ion and the fasts in support of those reasons. D. If a tenant who has received a notice of termination or nonrenewal of tenancy claiming subsection ( )( ), A 6 or( )( ) of this section o the grounds for termination believos that the- owner does not intend to carry out the stated reason for eviction and makes a complaint to the director of community development, then the owr►or mast, within 10 days of being notified by the director of community development of the complaint, complete and file with the director of community development a certification stating the owner's intent to carry out the stated reason for the eviction. The failure of the owner to complete and file such a certification after a complaint by the giant ohs!! Ice a defense for the tenant in en eviction astion based on this ground. E. In any action commenced to evict, refuse to renew or continue a tenancy after expiration of the rental agreement, or to otherwise terminate the tenancy of any tonant, it ohall be a defense to the action the thore was no just cause for such eviction or torminc ion co provided in thio oection. F. It shall be a violation of this section for any owner to evict or attempt to evict any tonant, refuse to renew or continue c +xc sy aftor oxpi;c ion of the ontcl agrx.\.rx.\\, or otherwise terminate or �ttc\m t to terminate the tenancy of an„tcncnt 6szing a notice which references subsection ( )( ), ( )(6) ( )(8) (A V11 ( )(1`) r ( )(13) of this serc ion as grog nds �Tction ortorminction of e , rminion of such tenancy. G. An owner who evicts or c tompto to evict a tenant, refuses to renew or continue a tenancy after expiration of the rental agreement, or who torminetes or attempts to terminate the tenancy of a tonant using a notice which references subsection ( )( ), A 6 or A 8 of this section as tho grounds for eviction or termination of tenancy without fulfilling or carrying out the stated reason for or condition justifying the termination of such tenancy shall bo liablo to such tonant in a private right for action for damages up to $2,000, costs of suit, or arbitration and r a:,Nnm►!c c orne„'s fees Repealed by Ord. 6966. Page 53 of 53