HomeMy WebLinkAbout10-06-2025 Agenda Packet
City Council
Regular Meeting
October 6, 2025 - 7:00 PM
City Hall Council Chambers
AGENDA
CALL TO ORDER
LAND ACKNOWLEDGEMENT
We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the ancestral keepers of the
land we are gathered on today. We thank them for their immense contributions to our state and local history,
culture, economy, and identity as Washingtonians.
PUBLIC PARTICIPATION
A. The Auburn City Council Meeting scheduled for Monday, October 6, 2025, at 7:00 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.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the number below or click the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Zoom: https://us06web.zoom.us/j/84350699607
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Active Aging Week
Mayor Backus to proclaim October 6, 2025, through October 12, 2025, as "Active Aging
Week" in the City of Auburn
B. Indigenous Peoples’ Day
Mayor Backus to proclaim October 13, 2025, as "Indigenous Peoples’ Day" in the City of
Auburn
C. Domestic Violence Awareness Month
Mayor Backus to proclaim October 2025, as "Domestic Violence Awareness Month" in the
City of Auburn
Page 1 of 121
D. Filipino American History Month
Mayor Backus to proclaim October 2025, as "Filipino American History Month" in the City
of Auburn
E. Hindu Heritage Month
Mayor Backus to proclaim October 2025, as "Hindu Heritage Month" in the City of Auburn
AGENDA MODIFICATIONS
AUDIENCE PARTICIPATION
This is the place on the agenda where the public is invited to speak to the City Council on any issue.
A. The public can participate in-person or submit written comments in advance.
Participants can submit written comments via mail, fax, or email. All written comments
must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350
words or less.
Please mail written comments to:
City of Auburn
Attn: Shawn Campbell, City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
Fax number: 253-804-3116
Email written comments to: publiccomment@auburnwa.gov
If an individual requires accommodation to allow for remote oral comment because of a
difficulty attending a meeting of the governing body, the City requests notice of the need for
accommodation by 5:00 p.m. on the day of the scheduled meeting. Participants can
request accommodation to be able to provide a remote oral comment by contacting the
City Clerk’s Office in person, by phone (253) 931-3039, or by email
(publiccomment@auburnwa.gov).
CORRESPONDENCE
CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by
one motion in the form listed.
A. Minutes from the September 15, 2025, City Council Meeting
B. Minutes from the September 22, 2025, Study Session Meeting
C. Claims Vouchers (Thomas)
Claims voucher list dated September 24, 2025, which includes voucher numbers 481352
through voucher 481488, in the amount of $5,544,447.72, eleven electronic fund transfers
in the amount of $2,086.37, and two wire transfers in the amount of $1,190,317.54
Page 2 of 121
D. Payroll Voucher (Thomas)
Payroll check numbers 539730 through 539733 in the amount of $701,612.09, electronic
deposit transmissions in the amount of $2,956,037.79, for a grand total of $3,657,649.88
for the period covering September 11, 2025, to October 1, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
UNFINISHED BUSINESS
NEW BUSINESS
ORDINANCES
A. Ordinance No. 6982 (Krum)
An Ordinance amending Chapters 14.03 and 18.60 of the Auburn City Code relating to
Home Occupations
(RECOMMENDED ACTION: Move to approve Ordinance No. 6982.)
B. Ordinance No. 6994 (Gaub)
An Ordinance granting to Ezee Fiber Texas, LLC, a Delaware Limited Liability Company, a
Franchise for Wireline Telecommunications
(RECOMMENDED ACTION: Move to approve Ordinance No. 6994.)
C. Ordinance No. 7001 (Krum)
An Ordinance amending Sections 15.20.020, 15.20.030, 15.20.040, 15.20.050, 15.20.60,
and 15.20.070 of the Auburn City Code relating to the International Property Maintenance
Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 7001.)
D. Ordinance No. 7002 (Whalen/Martinson)
An Ordinance establishing a Municipal Court, and adding Chapter 2.14 of the Auburn City
Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 7002.)
RESOLUTIONS
A. Resolution No. 5859 (Gaub)
A Resolution authorizing the Mayor to execute an Interlocal Agreement between the City of
Auburn and King County relating to the City of Auburn's AWOS, Beacon and Emergency
Generator Project
(RECOMMENDED ACTION: Move to adopt Resolution No. 5859.)
Page 3 of 121
B. Resolution No. 5861 (Gaub)
A Resolution authorizing the Mayor to execute and administer an agreement accepting a
grant from the Washington State Department of Transportation and the Pedestrian and
Bicycle Safety Program relating to Project No. CP2509, Downtown Bike to Transit — 10th
Street NE/NW
(RECOMMENDED ACTION: Move to adopt Resolution No. 5861.)
C. Resolution No. 5862 (Gaub)
A Resolution authorizing the Mayor to execute and administer an agreement accepting a
grant from the Washington State Department of Transportation and Freight Mobility
Strategic Investment Board relating to Project No. CP2311, East Valley Highway Widening
(RECOMMENDED ACTION: Move to adopt Resolution No. 5862.)
D. Resolution No. 5864 (Gaub)
A Resolution authorizing the Mayor to execute and administer an agreement accepting a
grant from the Washington State Department of Commerce relating to project No. CP2414,
Downtown Auburn Theater
(RECOMMENDED ACTION: Move to adopt Resolution No. 5864.)
E. Resolution No. 5865 (Caillier)
A Resolution authorizing the Mayor to execute and administer an agreement accepting a
grant from the Association of Washington Cities - Co-Responder Program with Project Be
Free
(RECOMMENDED ACTION: Move to adopt Resolution No. 5865.)
MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on significant items associated with their appointed positions on
federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office and on the City website
(http://www.auburnwa.gov).
Page 4 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Minutes from the September 15, 2025, City Council Meeting October 6, 2025
Department: Attachments: Budget Impact:
City Council 09-15-2025 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 5 of 121
City Council
Regular Meeting
September 15, 2025 - 7:00 PM
City Hall Council Chambers
MINUTES
CALL TO ORDER
Mayor Backus called the meeting to order at 7:00 p.m. in the Council Chambers of
Auburn City Hall, 25 West Main Street.
LAND ACKNOWLEDGEMENT
Mayor Backus acknowledged the Federally Recognized Muckleshoot Indian Tribe as
the ancestral keepers of the land we are gathered on today.
PUBLIC PARTICIPATION
The City Council Meeting was held in person and virtually.
PLEDGE OF ALLEGIANCE
Mayor Backus led those in attendance in the Pledge of Allegiance.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Lisa Stirgus,
Clinton Taylor, Tracy Taylor, and Yolanda Trout-Manuel. Councilmember Kate Baldwin
attended virtually.
Mayor Nancy Backus and the following staff members present included: Chief of Police
Mark Caillier, Director of Public Works Ingrid Gaub, Director of Community
Development Jason Krum, Director of Human Resources Candis Martinson, Deputy
City Attorney Paul Byrne, and Deputy City Clerk Rebecca Wood-Pollock.
AGENDA MODIFICATIONS
The National Recovery Month item was added to the Announcements, Mayor's
Proclamations, and Presentations section of the agenda, and an Executive Session
was added to the agenda.
Page 6 of 121
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Police Promotional Ceremony (Caillier)
Chief Caillier introduced Sergeant Blake and Officer Fry. Sergeant Blake was
promoted to Patrol Commander, and Officer Fry was promoted to Sergeant.
Commander Blake and Sergeant Fry recited the Police Officer Oath of Honor.
EXECUTIVE SESSION
Mayor Backus adjourned into Executive Session at 7:10 p.m. for 15 minutes per RCW
42.30.110(1)(i)(ii) to discuss with legal counsel potential litigation that may be
commenced against the City. Mayor Backus, Councilmembers, Deputy City Attorney
Byrne, and Director Martinson were required to attend.
Mayor Backus extended the Executive Session by 5 minutes.
Mayor Backus reconvened the meeting at 7:40 p.m.
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Presentation from King County Library
King County Library Regional Manager David Wright to give an update on the
Auburn Library.
David Wright, King County Library Regional Manager, provided Council with an
update on the Auburn Library including their Curiosity Isn't Quiet campaign, an
overview of their cardholders, ecards, physical and digital checkouts, library
users, the "Curious Readers" summer reading program, and their Peers in
Libraries Program.
B. Hispanic Heritage Month
Mayor Backus proclaimed September 15, 2025, to October 15, 2025, as
"Hispanic Heritage Month" in the City of Auburn.
Maria Phillips and her children accepted the proclamation and thanked Mayor
Backus.
C. Constitution Week
Mayor Backus proclaimed September 17, 2025, through September 23, 2025,
as "Constitution Week" in the City of Auburn.
Hilda Meryhew with the Daughters of the American Revolution accepted the
proclamation, gave a brief history on the United States Constitution, and
thanked Mayor Backus.
Page 7 of 121
D. National Recovery Month
Mayor Backus proclaimed September 2025 as "National Recovery Month" in
the City of Auburn.
Health Point Patient Care Navigator Hailee Brown and Program Manager
Amran Ahmed accepted the proclamation and thanked Mayor Backus.
PUBLIC HEARINGS
A. Public Hearing for Ezee Fiber Texas, LLC Franchise Agreement No. FRN25-
0002 (Gaub)
City Council to hold a Public Hearing for consideration of Franchise Agreement
No. FRN25-0002 for Ezee Fiber Texas, LLC for a Wireline
Telecommunications Franchise
Mayor Backus opened the Public Hearing at 8:05 p.m.
Austin Christofferson with Ezee Fiber provided public comment regarding the
company's services and local events.
Mayor Backus closed the Public Hearing at 8:07 p.m.
AUDIENCE PARTICIPATION
Amber Lott, Auburn
Amber provided public comment.
Ronnie Morgan, Auburn
Ronnie provided public comment.
Coby Clark, Auburn
Coby provided public comment.
CORRESPONDENCE
There was no correspondence for Council to review.
CONSENT AGENDA
A. Minutes from the September 2, 2025, City Council Meeting
B. Minutes from the September 8, 2025, Study Session Meeting
C. Claims Vouchers (Thomas)
Claims voucher list dated September 10, 2025, which includes voucher
numbers 481205 through voucher 481351, in the amount of $5,393,967.62,
Page 8 of 121
sixteen electronic fund transfers in the amount of $5,911.46, and one wire
transfer in the amount of $697,310.63
D. Payroll Voucher (Thomas)
Payroll check numbers 539724 through 539728 in the amount of $81,352.38,
electronic deposit transmissions in the amount of $3,152,302.34, for a grand
total of $3,233,654.72 for the period covering August 28, 2025, to September
10, 2025
Deputy Mayor Rakes moved and Councilmember Amer seconded to approve
the consent agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
Deputy Mayor Rakes moved and Councilmember C. Taylor seconded to authorize
Attorney Ryan Miller and the law firm of Hall and Miller to explore a potential settlement
of pending worker's compensation claim #SM06128 against the City. Final settlement of
this claim will be subject to Council review and approval of a written settlement
agreement.
MOTION CARRIED UNANIMOUSLY. 7-0
ORDINANCES
A. Ordinance No. 6987 (Krum)
An Ordinance for a site-specific rezone of Parcel No. 0004200001 from R-2,
Residential Low to P-1, Public Use
Councilmember T. Taylor moved and Councilmember Stirgus seconded to
approve Ordinance No. 6987.
MOTION CARRIED UNANIMOUSLY. 7-0
B. Ordinance No. 6988 (Krum)
An Ordinance for a Major Amendment to the Lakeland Hills South PUD
Boundary to extract fourteen (14) parcels
Councilmember T. Taylor moved and Deputy Mayor Rakes seconded to
approve Ordinance No. 6988.
MOTION CARRIED UNANIMOUSLY. 7-0
Page 9 of 121
RESOLUTIONS
A. Resolution No. 5856 (Gaub)
A Resolution authorizing the Mayor to execute an Interlocal Agreement
between the City of Auburn and the City of Sumner relating to the City of
Auburn’s Coal Creek Springs Transmission Main Replacement Project and the
City of Sumner’s Levee & Point Bar Project
Councilmember T. Taylor moved and Councilmember Amer seconded to adopt
Resolution No. 5856.
MOTION CARRIED UNANIMOUSLY. 7-0
MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Councilmembers provided reports on the events that they attended.
B. From the Mayor
Mayor Backus provided a report on the events she attended and shared
information regarding the City's dedication to improving community safety.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 8:41 p.m.
APPROVED this 6th day of October 2025.
____________________________ _______________________________
NANCY BACKUS, MAYOR Rebecca Wood-Pollock, Deputy City Clerk
Page 10 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Minutes from the September 22, 2025, Study Session Meeting October 6, 2025
Department: Attachments: Budget Impact:
City Council 09-22-2025 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 11 of 121
City Council
Study Session
PW & CD Special Focus Area
September 22, 2025 - 5:30 PM
City Hall Council Chambers
MINUTES
CALL TO ORDER
Deputy Mayor Cheryl Rakes called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street.
PUBLIC PARTICIPATION
The Study Session Meeting was held in person and virtually.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Kate Baldwin,
Lisa Stirgus, Tracy Taylor, Clinton Taylor, and Yolanda Trout-Manuel.
Mayor Nancy Backus and the following staff members present included: City Attorney
Jason Whalen, Assistant Chief of Police Samuel Betz, Director of Community
Development Jason Krum, Director of Public Works Ingrid Gaub, Director of Human
Resources and Risk Management Candis Martinson, Director of Parks, Arts, and
Recreation Julie Krueger, Assistant Director of Community Development Steven
Sturza, Economic Development Coordinator Emerson Folker, Senior Project Engineer
Matt Larson, Planning Services Manager Alexandria Teague, Arts Program Supervisor
Allison Hyde, Theater Operations Coordinator Jim Kleinbeck, and Deputy City Clerk
Hannah Scholl.
AGENDA MODIFICATIONS
There were no modifications made to the agenda.
ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
There were no announcements, reports, or presentations.
PUBLIC WORKS AND COMMUNITY DEVELOPMENT DISCUSSION ITEMS
A. 2025 Downtown Auburn Cooperative Update (Krum) (15 Minutes)
A presentation by the Downtown Auburn Cooperative to summarize 2025
Page 12 of 121
accomplishments and upcoming items anticipated through the end of this year
Councilmember T. Taylor, Chair of the Public Works and Community
Development Special Focus Area, chaired this portion of the meeting.
Coordinator Folker introduced Stephanie Cox and Kelly Murray with the
Downtown Auburn Cooperative (DAC), who provided Council with a
presentation on the DAC including the purpose of the DAC, connections with
the Business Improvement Area (BIA), and DAC Board meetings. They
provided an overview of past and upcoming events in 2025, future special
projects in the BIA, social media presence and outreach, and volunteers.
Council discussed special projects in the BIA, partnership with the City,
funding, partnership with the Chamber of Commerce, social media and
outreach, Board meetings, support for new businesses, and upcoming events.
B. Capital Projects Status Update and Featured Capital Projects (Gaub) (20
Minutes)
Auburn Ave. Theater Replacement Project, Downtown Park, and Theater &
Park Artwork
Engineer Larson provided Council with an update on the City's Capital Projects
including current status and projects currently under construction.
Council discussed lighting downtown and partnership with the Washington
State Department of Transportation (WSDOT).
Director Krueger, Supervisor Hyde, Coordinator Kleinbeck, and Engineer
Larson provided Council with an overview of the featured Capital Projects
including the Auburn Avenue Theater Replacement, Downtown Park, and
Theater and Park Artwork.
Council discussed artwork, grant funding, the Auburn Avenue Theater, and
future events.
C. Ordinance No. 6982 (Krum) (20 Minutes)
An Ordinance amending Chapters 14.03 and 18.60 of the Auburn City Code
relating to Home Occupations
Manager Teague provided Council with an overview of Ordinance No. 6982
including the background and purpose of Home Occupation Permits, summary
of Code changes, and next steps.
Page 13 of 121
D. Ordinance No. 7001 (Krum) (10 Minutes)
An Ordinance amending Sections 15.20.020, 15.20.030, 15.20.040, 15.20.050,
15.20.60, and 15.20.070 of the Auburn City Code relating to the International
Property Maintenance Code
Assistant Director Sturza provided Council with an overview of Ordinance No.
7001 including a summary of Code changes.
AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Ordinance No. 7002 (Whalen/Martinson) (30 Minutes)
An Ordinance establishing a Municipal Court, and adding Chapter 2.14 of the
Auburn City Code
Director Martinson provided Council with an overview of Ordinance No. 7002
including Code updates to establish the Auburn Municipal Court, and next
steps.
Council discussed the number of judges, timeline for appointments, elections,
terms, Code changes, Community Court, funding, current active cases, and
deferment of minor charges.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 7:35 p.m.
APPROVED this 6th day of October 2025.
_____________________________ _____________________________
CHERYL RAKES, DEPUTY MAYOR Hannah Scholl, Deputy City Clerk
Page 14 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Claims Vouchers (Thomas)
Claims voucher list dated September 24, 2025, which includes voucher
numbers 481352 through voucher 481488, in the amount of $5,544,447.72,
eleven electronic fund transfers in the amount of $2,086.37, and two wire
transfers in the amount of $1,190,317.54
October 6, 2025
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated September 24, 2025, which includes voucher numbers 481352 through
voucher 481488, in the amount of $5,544,447.72, eleven electronic fund transfers in the amount of
$2,086.37, and two wire transfers in the amount of $1,190,317.54.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 15 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Payroll Voucher (Thomas)
Payroll check numbers 539730 through 539733 in the amount of
$701,612.09, electronic deposit transmissions in the amount of
$2,956,037.79, for a grand total of $3,657,649.88 for the period covering
September 11, 2025, to October 1, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
October 6, 2025
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539730 through 539733 in the amount of $701,612.09, electronic deposit
transmissions in the amount of $2,956,037.79, for a grand total of $3,657,649.88 for the period
covering September 11, 2025, to October 1, 2025.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 16 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 6982 (Krum)
An Ordinance amending Chapters 14.03 and 18.60 of the Auburn City Code
relating to Home Occupations
(RECOMMENDED ACTION: Move to approve Ordinance No. 6982.)
October 6, 2025
Department: Attachments: Budget Impact:
Community Development Ordinance No. 6982, Ord. No.
6982 - Exhibit A, Ord. No. 6982 -
Exhibit B
Administrative Recommendation:
City Council to approve Ordinance No. 6982.
Background for Motion:
This Ordinance would amend Auburn City Code Sections relating to the decision process and
requirements for home occupations, streamlining the process and reducing some of the burden
placed on applicants.
Background Summary:
Chapter 14.03 was revised to establish a Type I decision process for Special Home Occupations,
alongside a Type III process where applicable. These updates reinforce Auburn’s commitment to
procedural clarity while maintaining local authority over land use and development decisions.
The City of Auburn, vested with regulatory authority over community development, actively manages
land use issues through planning, mitigation, and enforcement. As part of ongoing efforts to
modernize its code, staff has proposed a comprehensive update to the home occupation regulations.
Proposed Amendments Include:
• Revisions to Existing Sections:
1. 14.03.010 – Type I decisions
2. 18.60.020 – Requirements
3. 18.60.030 – Exemptions
4. 18.60.040 – Special home occupation permit
5. 18.60.050 – Prohibited home occupation businesses
Page 17 of 121
These changes reflect the nature of home occupations—often small-scale businesses, personal
services, or office functions—which are sensitive to cost and time constraints and generally pose
fewer community impacts than larger developments or conditional uses.
The proposed amendments were presented to the Planning Commission during its regular meeting
on August 5, 2025, and Special Meeting on September 16, 2025, during which Public Hearings were
held.
Staff presented the proposed changes to City Council at Study Session on September 22, 2025.
Councilmember: Tracy Taylor Staff: Jason Krum
Page 18 of 121
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Ordinance No. 6982
September 11, 2025
Page 1 of 4
ORDINANCE NO. 6982
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON AMENDING CHAPTERS 14.03
AND 18.60 OF THE AUBURN CITY CODE RELATING TO
HOME OCCUPATIONS
WHEREAS, the City of Auburn has adopted an ordinance to regulate the home-
based businesses operating out of residential properties within the City limits; and
WHEREAS, the City of Auburn issued a Determination of Non-Significance on
June 16, 2025, for the home occupation zoning text amendments (File No. SEP25-0008);
and
WHEREAS, pursuant to Revised Code of Washington 36.70A that a text
amendment shall be amended with public participation; and
WHEREAS, pursuant to Revised Code of Washington 36.70A.106, the draft home
occupation code text amendments were transmitted to the Washington State Department
of Commerce on June 3, 2025. The 60-day notice period ended August 2, 2025; and
WHEREAS, a Notice of Public Hearing was issued on June 16, 2025. Pursuant to
Chapter 18.68 ACC, the Planning Commission public hearing notice was published in the
Seattle Times and posted in two general public locations (City Annex and the City’s Public
Land Use Notice webpage); and
WHEREAS, following the conclusion of the public hearing on August 5, 2025, and
subsequent deliberations, the Auburn Planning Commission, following a positive motion,
made a recommendation to the Auburn City Council on the approval of the proposed
home occupation zoning text amendments; and
WHEREAS, a Notice of Public Hearing was re-issued on September 3, 2025, to
Page 19 of 121
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Ordinance No. 6982
September 11, 2025
Page 2 of 4
discuss additional changes to the home occupation code. Pursuant to Chapter 18.68
ACC, the Planning Commission public hearing notice was published in the Seattle Times
and posted in two general public locations (City Annex and the City’s Public Land Use
Notice webpage); and
WHEREAS, following the conclusion of a second public hearing on September 16,
2025, and subsequent deliberations, the Auburn Planning Commission, following a
positive motion, made a recommendation to the Auburn City Council on the approval of
the proposed home occupation zoning text amendments; and
WHEREAS, the Auburn City Council reviewed the recommendations of the Auburn
Planning Commission for the home occupation zoning text amendments at both a
regularly scheduled study session, on September 22, 2025; and
WHEREAS, on October 6, 2025, the Auburn City Council approved the proposed
home occupation zoning text amendments; and
WHEREAS, Chapter 14.03 Auburn City Code establishes project permit decisions
into four types, based on whether a director, the hearing examiner or the city council
makes the decision and the process by which that decision is made; and
WHEREAS, Chapter 18.60 Auburn City Code allows certain activities to be
undertaken for gain or profit within a dwelling or a building accessory to a dwelling in any
zone in which dwellings are present. The home occupation shall be conducted by a
resident of the dwelling unit and is to be conducted in such a manner that the residence
shall not differ from its residential character either by the use of colors, materials,
construction, lighting, signs or the emissions of sounds, noises, vibrations or odors, or
Page 20 of 121
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Ordinance No. 6982
September 11, 2025
Page 3 of 4
result in traffic impacts that are inconsistent with the character of the area in which the
home occupation is located; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Adoption of Chapter 18.60 ACC text amendments. The
City of Auburn amended Chapter 18.60, set forth in Exhibit 1, is on file with the
office of the City Clerk is adopted and is available for inspection therein.
Section 2. Adoption of Chapter 14.03 ACC text amendments. The
City of Auburn amended Chapter 14.03 ACC, set forth in Exhibit 2, is on file with
the office of the City Clerk is adopted and is available for inspection therein.
Section 3. Constitutionality and Invalidity. If any section, subsection sentence,
clause, phrase or portion of this Ordinance, is for any reason held invalid or
unconstitutional by any Court of competent jurisdiction such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity
of the remaining portions thereof.
Section 4. Implementation. The Mayor is authorized to implement such
administrative procedures as may be necessary to carry out the directions of this
legislation.
Page 21 of 121
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Ordinance No. 6982
September 11, 2025
Page 4 of 4
Section 5. Effective Date. This Ordinance shall 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:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 22 of 121
Chapter 18.60 ACC, Home Occupations Page 1 of 7
The Auburn City Code is current through Ordinance 6977, passed June 16, 2025.
Chapter 18.60
HOME OCCUPATIONS
Sections:
18.60.010 Purpose.
18.60.020 Requirements.
18.60.030 Exemptions.
18.60.040 Special home occupation permit.
18.60.050 Businesses not permitted as home occupations.
18.60.060 Termination.
18.60.010 Purpose.
The purpose of a home occupation is to allow certain activities to be undertaken for gain or
profit within a dwelling or a building accessory to a dwelling in any zone in which dwellings are
present. The home occupation shall be conducted by a resident of the dwelling unit and is to be
conducted in such a manner that the residence shall not differ from its residential character
either by the use of colors, materials, construction, lighting, signs or the emissions of sounds,
noises, vibrations or odors, or result in traffic impacts that are inconsistent with the character
of the area in which the home occupation is located. (Ord. 6141 § 1, 2007; Ord. 4229 § 2, 1987.)
18.60.020 Requirements.
Home occupations are required to have a business license as issued by the city, comply with all
city codes and ordinances, and shall be consistent with the following provisions. A home
occupation shall meet all eleven (11) of the requirements below. Home occupations not able to
meet all eleven (11) but not less than nine (9) of the requirements below shall require a special
home occupation permit per ACC 18.60.040 of this chapter::
A. Employees. Only members of the immediate family residing on the premises and no more
than one two nonresidents may be employed at any one time; provided, that home
Page 23 of 121
Chapter 18.60 ACC, Home Occupations Page 2 of 7
The Auburn City Code is current through Ordinance 6977, passed June 16, 2025.
occupations with a nonresident employees shall provide off-street parking for the employee on
site;
B. Mechanical equipment. No mechanical equipment is used except such as is commonly or
customarily used for domestic, household or personal purposes for a dwelling unit (or as
deemed similar in terms of power, quantity, noise, emissions and type);
C. Occupied floor area. Not more than one-fourth of the floor area of any building is devoted
to such occupation,Offices, mercantile, food preparation for off-site consumption, personal
care salons or similar uses which are conducted primarily by the occupants of the dwelling unit
and are secondary to the use of the unit for dwelling purposes, and which do not exceed five
hundred (500) square feet of the primary residence or accessory structure except for bed and
breakfasts;
D. Structural alterations. That such occupation shall not require internal or external alteration
or involve construction features not customarily found in a dwelling. Internal or external
renovations to an accessory structure may be permitted, existing structures shall be subject to
plan review;
E. Commercial vehicles. The home occupation shall not involve the use of personal commercial
vehicles as defined in ACC 18.04.245 for the distribution of materials to or from the premises.
Deliveries or pickups by commercial delivery services shall not apply toward this limitation
provided such pickup or delivery does not exceed twice per day;
F. Off-street parking. The conduct of any home occupation, including but not limited to the
storage of goods and equipment, shall not reduce or render unusable areas provided for the
required off-street parking. Additional parking is not allowed in order to conduct a home
occupation, except what may be required through the issuance of a special home occupation
permit pursuant to ACC 18.60.040;
G. Signage. Only one sign is permitted, not to exceed 18 inches by 24 inches in area,
nonilluminated, and attached to a building, except that home occupations in commercial or
industrial zones may have signs consistent with the applicable zoning district;
H. No display pertaining to the occupation, other than the one permitted sign, is visible from
the street or adjacent residences;
Page 24 of 121
Chapter 18.60 ACC, Home Occupations Page 3 of 7
The Auburn City Code is current through Ordinance 6977, passed June 16, 2025.
IH. Animals. No more animals are maintained on the premises than what may otherwise be
permitted in the zone;
JI. Hours of operation. Except for bed and breakfasts, employee and customer visits shall be
limited to the following hours of operation:
1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to
6:00 p.m. on Saturday and Sunday,
2. Customers from 9:00 a.m. to 6:00 p.m.;
KJ. Vehicle trips. Traffic generated by the home occupation shall be limited to a maximum of
eight (two-way) client/delivery-related trips per day for those home occupations that operate by
appointment only and do not have overlapping client visits. All other home occupations shall be
limited to five (two-way) client/delivery trips per day;
LK. Outdoor storage. Outdoor storage of materials, goods, products or equipment is not
allowed;
M. The home occupation is to be conducted in such a manner that the residence shall not
differ from its residential character either by the use of colors, materials, construction, lighting,
signs, or the emissions of sounds, noises, vibrations or odors or result in traffic impacts
inconsistent with the character of the area in which the home occupation is located. (Ord. 6419
§ 6, 2012; Ord. 6141 § 1, 2007; Ord. 5897 § 21, 2005; Ord. 4229 § 2, 1987.)
18.60.030 Exemptions.
Garage sales, yard sales, bake sales, temporary home boutiques or bazaars for handcrafted
items, parties for the display of domestic products, and other like uses do not need to comply
with the requirements of ACC 18.60.020 as long as the use does not operate for more than 20
days in any one calendar year or in violation of any other provisions of the Auburn City Code.
To qualify for this exemption, garage and yard sales must involve only the sale of household
goods, none of which were purchased for the purpose of resale.
The following activities that may occur at the owner or renter of the primary residence or
accessory structure shall be exempt from the requirements of Chapter 18.60 ACC. To qualify for
Page 25 of 121
Chapter 18.60 ACC, Home Occupations Page 4 of 7
The Auburn City Code is current through Ordinance 6977, passed June 16, 2025.
the exemption, the sale, use, or event shall not operate for more than 20 days in any one
calendar year or in violations of any other provision of Auburn City Code. Garage and yard sales
must involve only the sale of household goods, none of which were purchased for the purpose
of resale.
A. Temporary sales including bake sales, garage sales, yard sales, estate sales;
B. Temporary home boutiques or bazaars for handcrafted items;
C. Parties for display and sale of domestic products.
(Ord. 6141 § 1, 2007; Ord. 4229 § 2, 1987.)
18.60.040 Special home occupation permit.
A. Special home occupation permits are required and must be granted by the hearing
examinerplanning director or designee for the following uses, even if the use meets all of the
requirements of ACC 18.60.020(A) through (MK), but in no case shall any home occupation meet
less than 11 9 of the 1113 requirements:
1. Building and construction contractor services, to include landscaping services (unless
the home occupation is solely used for office purposes);
2. Personal service shops;
3. Music and dancing studios;
4. Craft classes/creative art: including, but not limited too, ceramics, painting, recording
studios (unless the home-based business is solely used for office purposes);
5. Animal grooming;
6. Home occupations that can only meet 11 9 or 12 10 of the 1113 requirements as
outlined in ACC 18.60.020(A) through (KM).
B. In considering applications for special home occupation permits, the hearing
examinerplanning director or designee shall consider the nature and conditions of all adjacent
Page 26 of 121
Chapter 18.60 ACC, Home Occupations Page 5 of 7
The Auburn City Code is current through Ordinance 6977, passed June 16, 2025.
uses and structures. No such special home occupation permit shall be authorized by the
hearing examinerplanning director or designee unless the hearing examinerplanning director
or designee finds that:
1. The authorizing of such special home occupation permit will not be materially
detrimental to the public welfare or injurious to the property in the zone or vicinity in which
the property is located; and
2. The authorization of such special home occupation permit will be consistent with the
spirit and purpose of this title.
C. In authorizing a special home occupation permit, the hearing examinerplanning director or
designee may impose such requirements and conditions with respect to location, installation,
construction, maintenance and operation and extent of open spaces in addition to those
expressly set forth in this title, as may be deemed necessary for the protection of other
properties in the zone or vicinity and the public interest.
D. A public hearing shall be conducted on all applications for a special home occupation
permit. The hearing shall be held in the same manner as provided in ACC 18.70.040.
D. An application for special home occupation permit shall be reviewed in accordance with ACC
Title 14 as a Type I decision, subject to the additional provisions of this section. The planning
director or designee shall make the final decision unless the application is forwarded to the
hearing examiner pursuant to ACC 18.60.040(D)(2)(b) of this section, in which case the hearing
examiner will make the final decision.
1. A notice of application pursuant to ACC 14.07.020 is required;
2. Following the closure of the public comment period required by ACC 14.07.040, the
planning director or designee shall:
a. Review the information in the record and render a decision pursuant to the
procedural requirements of Title 14 ACC; or
b. Within ten (10) days following the closure of the public comment period,
forward the application to the hearing examiner for a public hearing and final
Page 27 of 121
Chapter 18.60 ACC, Home Occupations Page 6 of 7
The Auburn City Code is current through Ordinance 6977, passed June 16, 2025.
decision in accordance with Chapter 2.46 ACC if the planning director or
designee determines one or more of the following conditions exists:
i. Public comments indicate a substantial degree of concern, controversy,
or opposition to the proposal; or
ii. A public hearing is necessary to address issues of vague, conflicting, or
inadequate information; or
iii. The application raises sensitive or controversial public policy issue; or
iv. A public hearing might clarify issues involved in the permit decision.
3. When a public hearing before the hearing examiner is deemed necessary by the
planning director or designee;
a. The city shall provide written notice to the applicant within ten (10) days
following the closing of the public comment period that the application is
forwarded to the hearing examiner for public hearing and decision pursuant to
the procedural requirements of this chapter. The notice shall specify the reason
the application is being forwarded to the hearing examiner;
b. Processing of the application shall not proceed until any supplemental fees set
forth in the City of Auburn Fee Schedule are received; and
c. The application shall be deemed withdrawn if the supplemental fees are not
received within thirty (30) days of the applicant notification by the City.
(Ord. 6141 § 1, 2007; Ord. 4304 § 1(44), 1988; Ord. 4229 § 2, 1987.)
18.60.050 Businesses not permitted as home occupations.
The following uses shall not be permitted as home occupations:
A. Automobile and motorcycle repair and body work (to include painting);
B. Automobile services, including stereo installation, car alarms and detailing;
C. Heavy equipment repair and maintenance.
Page 28 of 121
Chapter 18.60 ACC, Home Occupations Page 7 of 7
The Auburn City Code is current through Ordinance 6977, passed June 16, 2025.
D. Hazardous materials processing, testing, or manufacturing within residentially used
structures and their accessory uses in commercial and industrial zones;
(Ord. 6141 § 1, 2007.)
18.60.060 Termination.
A. A home occupation may be terminated, revoked or suspended as provided for in and in
accordance with the regulations for termination, revocation or suspension in ACC Title 5.
B. Notwithstanding any other provisions of this chapter or of the city code, a home occupation
may be immediately terminated if the city finds that the home occupation is being conducted in
a manner which is detrimental to the public health or safety. In the event of such immediate
termination, the operator of the home occupation shall be advised that they shall have the right
to request a public hearing on the propriety of such immediate termination, which public
hearing, if requested, shall be conducted in the same manner as provided in ACC 18.70.040.
(Ord. 6141 § 1, 2007; Ord. 4229 § 2, 1987. Formerly 18.60.050.)
The Auburn City Code is current through Ordinance 6977, passed June 16, 2025.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by General Code.
Page 29 of 121
Chapter 14.03 ACC, Types of Project Permit Decisions Page 1 of 4
The Auburn City Code is current through Ordinance 6976, passed April 7, 2025.
Chapter 14.03
TYPES OF PROJECT PERMIT DECISIONS
Sections:
14.03.001 Generally.
14.03.010 Type I decisions.
14.03.020 Type II decisions.
14.03.030 Type III decisions.
14.03.040 Type IV decisions.
14.03.050 Reserved.
14.03.060 Legislative nonproject decisions.
14.03.001 Generally.
Project permit decisions are classified into four types, based on whether a director, the hearing
examiner or the city council makes the decision and the process by which that decision is made.
(Ord. 6957 § 1 (Exh. A), 2024; Ord. 6654 § 1, 2017; Ord. 6295 § 1, 2010; Ord. 4835 § 1, 1996.)
14.03.010 Type I decisions.
Type I decisions are administrative decisions made by the city which are not subject to
environmental review under the State Environmental Policy Act (SEPA) codified at Chapter
43.21C RCW. Type I decisions include, but are not limited to, the following project applications:
A. Building permit;
B. Plumbing permit;
C. Mechanical permit;
D. Utility permit;
E. Construction permit;
Page 30 of 121
Chapter 14.03 ACC, Types of Project Permit Decisions Page 2 of 4
The Auburn City Code is current through Ordinance 6976, passed April 7, 2025.
F. Land clearing permit;
G. Grading permit;
H. Floodplain development permit;
I. Public facility extension agreement;
J. Right-of-way use permit;
K. Boundary line adjustment or boundary line elimination;
L. Special Hhome occupation permit;
M. Temporary use permit (administrative);
N. Administrative use permit;
O. Short subdivision (plat);
P. Mobile home closure plans;
Q. Extensions or minor amendment to an approved master plan;
R. Final plat. (Ord. 6957 § 1 (Exh. A), 2024; Ord. 6654 § 1, 2017; Ord. 6385 § 1, 2011; Ord. 6295 § 1, 2010; Ord.
5746 § 2, 2003; Ord. 4835 § 1, 1996.)
14.03.020 Type II decisions.
Type II decisions are administrative decisions made by the city which are subject to
environmental review and threshold determination under the State Environmental Policy Act
(SEPA) codified at Chapter 43.21C RCW. Type II decisions include, but are not limited to, the
following project applications:
A. Building permit;
B. Grading permit;
C. Land clearing permit;
Page 31 of 121
Chapter 14.03 ACC, Types of Project Permit Decisions Page 3 of 4
The Auburn City Code is current through Ordinance 6976, passed April 7, 2025.
D. Public facility extension agreement;
E. Administrative use permit;
F. Short subdivision (plat);
G. Floodplain development permit. (Ord. 6957 § 1 (Exh. A), 2024; Ord. 6654 § 1, 2017; Ord. 6295 § 1,
2010; Ord. 4835 § 1, 1996.)
14.03.030 Type III decisions.
Type III decisions are quasi-judicial final decisions made by the hearing examiner following a
recommendation by staff. Type III decisions include, but are not limited to, the following project
applications:
A. Temporary use permit;
B. Substantial shoreline development permit;
C. Variance;
D. Special exceptions;
E. Special home occupation permit;
F. Preliminary plat;
G. Conditional use permit;
H. Surface mining permit;
I. Master plan. (Ord. 6957 § 1 (Exh. A), 2024; Ord. 6654 § 1, 2017; Ord. 6385 § 2, 2011; Ord. 6295 § 1, 2010;
Ord. 6184 § 3, 2008; Ord. 4835 § 1, 1996.)
Page 32 of 121
Chapter 14.03 ACC, Types of Project Permit Decisions Page 4 of 4
The Auburn City Code is current through Ordinance 6976, passed April 7, 2025.
14.03.040 Type IV decisions.
Type IV decisions are quasi-judicial decisions made by the city council following a
recommendation by the hearing examiner. Type IV decisions include, but are not limited to, the
following project applications:
Site-Specific Rezone, Category 1. (Ord. 6957 § 1 (Exh. A), 2024; Ord. 6779 § 5, 2020; Ord. 6654 § 1, 2017;
Ord. 6295 § 1, 2010; Ord. 6184 § 4, 2008; Ord. 4835 § 1, 1996.)
14.03.050 Reserved.
(Ord. 6957 § 1 (Exh. A), 2024; Ord. 6654 § 1, 2017; Ord. 6295 § 1, 2010; Ord. 6184 § 5, 2008; Ord. 4835 § 1, 1996.)
14.03.060 Legislative nonproject decisions.
Legislative nonproject decisions made by the city council under its authority to establish
policies and regulations are not classified as a “type” of project permit decision. Legislative
nonproject decisions include, but are not limited to, the following legislative actions:
A. Amendments to the text and map of the comprehensive plan or development regulations.
B. Amendments to the zoning map (rezones) on a city-wide or area-wide basis. (Ord. 6957 § 1
(Exh. A), 2024; Ord. 6654 § 1, 2017; Ord. 6295 § 1, 2010; Ord. 4835 § 1, 1996.)
The Auburn City Code is current through Ordinance 6976, passed April 7, 2025.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by General Code.
Page 33 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 6994 (Gaub)
An Ordinance granting to Ezee Fiber Texas, LLC, a Delaware Limited
Liability Company, a Franchise for Wireline Telecommunications
(RECOMMENDED ACTION: Move to approve Ordinance No. 6994.)
October 6, 2025
Department: Attachments: Budget Impact:
Public Works Ordinance No. 6994
Administrative Recommendation:
City Council to approve Ordinance No. 6994.
Background for Motion:
This Ordinance would allow Ezee Fiber Texas, LLC, to install facilities in the public way within the City
limits and provide telecommunications services to residential and business customers located inside
the City limits.
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 services to persons or areas inside or
outside of the City.
Ezee Fiber Texas, LLC has applied for a Franchise Agreement to install fiber optic cable and
electronic infrastructure in the public ways within the City limits. Ezee Fiber intends to provide
business and residential data and telecommunications services to customers located inside the City
limits.
The proposed agreement requires that installation, repairs, upgrades and improvements for the
proposed facilities are permitted and managed through the City’s permitting processes. The proposed
agreement would be valid for a term of 15 years and is consistent with the City’s standard Franchise
Agreement language.
A staff presentation was given at the September 8, 2025, Study Session discussing draft Ordinance
No. 6994. A Public Hearing to consider this application and hear public comment was held before the
City Council on September 15, 2025, in accordance with Auburn City Code 20.04.040.
Ordinance No. 6994 authorizes Franchise Agreement No. FRN25-0002 with Ezee Fiber Texas, LLC
subject to the terms and conditions outlined in the Ordinance.
Page 34 of 121
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 35 of 121
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 1 of 17
ORDINANCE NO. 6994
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
EZEE FIBER TEXAS, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, A FRANCHISE FOR
WIRELINE TELECOMMUNICATIONS
WHEREAS, Ezee Fiber Texas, LLC (“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, erect,
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. “Franchise” means this agreement approved by Ordinance No.
6994 of the City which authorizes Franchisee Facilities to provide Franchisee
Services in the Franchise Area.
C. “Franchisee’s Facilities” means fiber optic and broad band
communications services constructed and operated within the public ways
including all cables, wires, conduits, ducts, pedestals, and any associated
Page 36 of 121
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 2 of 17
converter equipment or other items necessary for Telecommunications Services
as defined in RCW 35.99.010(7), that are located in the Franchise Area.
Franchisee’s Facilities do not include facilities used to provide wireless services,
including antennas or other equipment, appliances, attachments and
appurtenances associated with wireless telecommunications facilities.
Franchisee’s facilities do not include small wireless facilities, microcell, minor
facility, or small cell facilities, as defined in RCW 80.36.375. Franchisee’s facilities
do not include any facilities that are not located within the Franchise Area or that
are covered under a separate franchise agreement or agreement.
D. “Franchisee’s Services” means any telecommunications service,
telecommunications capacity, or dark fiber, provided by the Franchisee using its
Facilities, including, but not limited to, the transmission of voice, data or other
electronic information, or other subsequently developed technology that carries a
signal over fiber optic cable. Franchisee’s Services will also include non-switched,
dedicated and private line, high capacity fiber optic transmission services to firms,
businesses or institutions within the City and other lawful services not prohibited
by this Ordinance However, Franchisee’s Services will not include the provision
of “cable services”, as defined by 47 U.S.C. §522, as amended, for which a
separate franchise would be required.
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
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, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee’s
Facilities to provide Franchisee’s 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 franchise agreements, impacting the
Franchise Area, for any purpose that does not interfere with Franchisee’s rights
under this Franchise.
Page 37 of 121
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 3 of 17
E. Except as explicitly set forth in this Franchise, this Franchise does
not waive any rights that 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.
H. The Franchisee agrees to provide the City with complete contact
information for any client, lessee, sub-lessee, customer, or other entity that
Franchisee allows to utilize, control, access, or otherwise provides services to, who
will also use the Franchisee Facilities to provide services to their clients and
customers either inside or outside the City limits. Such contact information shall
be provided to the City a minimum of sixty (60) days prior to the start of such
anticipated use so that the City may determine if Franchisee’s client, lessee, sub-
lessee, customer, or other entity is required to obtain a franchise agreement with
the City prior to such use. If the client, lessee, sub-lessee, customer, or other entity
is required to obtain a franchise agreement with the City, then the Franchisee shall
not allow use, control, access, or otherwise provide services to such entity until the
required franchise agreement has been obtained.
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 notice
shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City. Any communication
made by e-mail or similar method will not constitute notice pursuant to this
Franchise, except in case of emergency notification.
Page 38 of 121
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 4 of 17
City: Right-of-Way Specialist
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: Ezee Fiber Texas, LLC
Attn: Garner Duncan
5959 Corporate Dr. Ste. 2000
Houston, TX 77036
Telephone: 713-255-7500
Email Address: garner.duncan@ezeefiber.com
with a copy to: Ezee Fiber Texas, LLC
Attn: Legal Department
5959 Corporate Dr. Ste. 2000
Houston, TX 77036
Telephone: 713-255-7500
Email Address: legal@ezeefiber.com
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: 713-255-7500
Section 4. Term of Franchise
A. This Franchise shall run for a period of fifteen (15) 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
Page 39 of 121
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 5 of 17
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) days in advance of intent to cancel this Franchise.
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 “A”), (2) all verifications of
insurance coverage specified under Section 16, (3) the financial security specified
in Section 17, and (4) payment of any outstanding application fees required in the
City Fee Schedule. These four 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) days after the effective date of the ordinance approving the
Franchise as described in Section 28 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 as provided for in Chapter 35.99 RCW.
D. 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.
E. 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
Page 40 of 121
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 6 of 17
debris is not removed within 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.
Section 7. Trench Repair for Street Restorations
A. At any time during the term of this Franchise, if a Franchisee Facility
or trench within the Franchise Area causes a street to crack, settle, or otherwise
fail, the City will notify Franchisee of the deficiency and Franchisee agrees to
restore the deficiency and repair the damage within thirty (30) days of written notice
by the City.
B. For purposes of the 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, and traffic
control devices.
Section 8. Repair and Emergency Work
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. The City may commence
emergency response work, at any time, without prior written notice to the
Franchisee, but will notify the Franchisee in writing as promptly as possible under
the circumstances. Franchisee 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.
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 7 of 17
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 and
Chapter 35.99 RCW.
B. Franchisee will maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities; provided, that for
development of new areas, the City, in consultation with Franchisee and other
utility purveyors or authorized users of the public way, will develop guidelines and
procedures for determining specific utility locations.
Section 11. Relocation of Franchisee Facilities
A. Except as otherwise so required by law, Franchisee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by Chapter 35.99 RCW.
Pursuant to the provisions of Section 15, Franchisee agrees to protect and save
harmless the City from any customer or third-party claims for service interruption
or other losses in connection with any such change, relocation, abandonment, or
vacation of the public way.
B. If a readjustment or relocation of the Franchisee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Franchisee the actual costs associated with such relocation.
Section 12. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty days (180) of Franchisee’s
permanent cessation of use of the Franchisee’s Facilities, the Franchisee will, at
the City’s discretion, either abandon in place or remove the affected facilities.
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 8 of 17
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee’s 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. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Franchisee will underground the Franchisee’s Facilities in
the manner specified by the City Engineer at no expense or liability to the City,
except as may be required by Chapter 35.99 RCW. Where other utilities are
present and involved in the undergrounding project, Franchisee will only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Franchisee’s Facilities.
Common costs will include necessary costs for common trenching and utility
vaults. Fair share will be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
reasonably requested by the City 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 database system, including
the City’s Geographic Information System (GIS) database. 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.
Section 15. 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,
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 9 of 17
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.
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 15(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.
Section 16. 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 the Franchise and use of the public way.
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 10 of 17
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, 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 using ISO endorsement CG 20 12 05 09
if the Franchise is considered a master permit as defined by RCW
35.99.010, or CG 20 26 07 04 if it is not, or substitute endorsement providing
at least as broad coverage.
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. Contractors 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. Contractors
Pollution Liability shall cover bodily injury, property damage, cleanup costs
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:
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 11 of 17
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, Contractors 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.
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. Subcontractors. The Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Franchisee-provided insurance as set forth herein, including
limits no less than what is required of Franchisee under this Franchise. The
Franchisee shall ensure that the City is an additional insured on each and every
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
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 12 of 17
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 written
notice of any policy cancellation within two business 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 the
Franchise, upon which the City may, after giving five business days’ 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: (i) Franchisee shall submit a letter to the City stating
which of the above required insurance provisions in this Section 15 Franchisee
proposes to self-insure; (ii) 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; (iii) Franchisee or its parent
company is responsible for all payments within the self-insured retention; and (iv)
Franchisee assumes all defense and indemnity obligations as outlined in Section
15.
Section 17. Financial Security
The Franchisee will provide the City with a financial security in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City. If Franchisee fails
to substantially comply with any one or more of the provisions of this Franchise,
the City may recover jointly and severally from the principal and any surety of that
financial security any damages suffered by the City as a result Franchisee’s failure
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 13 of 17
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Franchisee specifically agrees that its failure to comply
with the terms of Section 20 will constitute damage to the City in the monetary
amount set forth in that section. Any financial security will not be construed to limit
the Franchisee’s liability to the security amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 18. 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) 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.
Section 19. 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
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 14 of 17
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 20. 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) days of notification. If the City determines the breach
cannot be cured within thirty 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
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) claim damages of Two Hundred Fifty Dollars
($250.00) per day against the financial guarantee set forth in Section 17 for every
day after the expiration of the cure period that the breach is not cured.
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
actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
Section 21. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal and state or 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
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 15 of 17
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) 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) 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) days written
notice to the Franchisee, if the Franchisee fails to comply with such amendment or
modification.
Section 22. License, Tax and Other Charges
This Franchise will not exempt the Franchisee from any future license, tax,
or charge which the City may adopt under authority granted to it under state or
federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
Section 23. 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 24. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 25. Titles
The section titles used are for reference only and should not be used for the
purpose of interpreting this Franchise.
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 16 of 17
Section 26. Implementation
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 27. Entire Franchise
This Franchise, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous franchises between the parties pertaining to Franchisee's operation of its
Facilities are hereby superseded.
Section 28. 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: _____________________________________________________
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Ordinance No. 6994
Franchise Agreement No. FRN25-0002
July 28, 2025
Page 17 of 17
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Ezee Fiber Texas, LLC, 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: Ezee Fiber Texas, LLC
Address: _____________________________
City, State, Zip: _______________________
By: Date:
Signature
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:
Page 52 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7001 (Krum)
An Ordinance amending Sections 15.20.020, 15.20.030, 15.20.040,
15.20.050, 15.20.60, and 15.20.070 of the Auburn City Code relating to the
International Property Maintenance Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 7001.)
October 6, 2025
Department: Attachments: Budget Impact:
Community Development Ordinance No. 7001, Ord. No.
7001 - Exhibit A
Administrative Recommendation:
City Council to approve Ordinance No. 7001.
Background for Motion:
This Ordinance updates Auburn’s Building & Construction Code, Title 15, to be consistent with the
2021 International Property Maintenance Code (IPMC) Code.
Background Summary:
The City has adopted the International Property Maintenance Code (IPMC) as part of its Municipal
Code to provide minimum standards for the maintenance of existing buildings, structures, and
property. Since adoption, the numbering and format of certain sections in the City Code have been
amended and reorganized. As a result, the citations to the IPMC contained in the City Code are now
outdated or incorrect.
To maintain consistency, clarity, and enforceability, it is necessary to update the City Code to align
the referenced sections with the correct current IPMC numbering. This action ensures that
enforcement staff, property owners, and the public have accurate references to applicable code
provisions, reducing confusion and potential challenges in application.
Staff is proposing to amend Sections 15.20.020, 15.20.030,15.20.040, 15.20.050, 15.20.060, and
15.20.070 of the Auburn City Code to conform with Washington State’s adopted code sections.
Staff presented the proposed changes to City Council at Study Session on September 22, 2025.
Councilmember: Tracy Taylor Staff: Jason Krum
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Ordinance No. 7001
September 22, 2025
Page 1 of 3 Rev. 2025
ORDINANCE NO. 7001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS
15.20.020, 15.20.030, 15.20.040, 15.20.050, 15.20.60, AND
15.20.070 OF THE AUBURN CITY CODE RELATING TO
THE INTERNATIONAL PROPERTY MAINTENANCE CODE
WHEREAS, the Auburn City Code includes a variety of chapters adopting various
codes related to the building of structures; and
WHEREAS, the State of Washington promulgates some of these codes, updates
them periodically, and requires, through RCW 19.27, that local jurisdictions adopt and
implement the standard codes; and
WHEREAS, the State of Washington has promulgated updated codes and has
approved them for adoption by local jurisdictions; and
WHEREAS, city staff and VRFA staff have reviewed the city's building-related
codes, have identified amendments to update or supplemented these codes, and have
identified revised desired amendments to the provisions of the City codes held within title
15.20; and
WHEREAS, the City adopted the International Property Maintenance Code (IPMC)
as part of its municipal code to provide minimum standards for the maintenance of existing
buildings, structures, and property; and
WHEREAS, since adoption, the numbering and format of certain sections in the
City Code have been amended and reorganized causing citations to the IPMC to be
outdated or incorrect; and
Page 54 of 121
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Ordinance No. 7001
September 22, 2025
Page 2 of 3 Rev. 2025
WHEREAS, to maintain consistency, clarity, and enforceability, it is necessary to
update the City Code to align the referenced sections with the correct current IPMC
numbering; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Adoption of amended Chapter 15.20 ACC text amendments. The
City of Auburn amended Sections 15.20.020, 15.20,030, 15.20.040, 15.20.050,
15.20.060 and 15.20.070, set forth in Exhibit 1, is on file with the office of the City Clerk
is adopted and is available for inspection therein.
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
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Page 55 of 121
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Ordinance No. 7001
September 22, 2025
Page 3 of 3 Rev. 2025
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:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 56 of 121
Chapter 15.20 ACC, Property Maintenance Code and Vacant Property Management Page 1 of 7
The Auburn City Code is current through Ordinance 6983, passed July 21, 2025.
Chapter 15.20
PROPERTY MAINTENANCE CODE AND VACANT PROPERTY
MANAGEMENT
Sections:
15.20.010 Adoption of International Property Maintenance Code.
15.20.020 Appendices adopted.
15.20.030 Sections 103.1 and 103.5104.1 amended.
15.20.040 Sections 107.2111.4.1 and 107.3111.4.2 amended.
15.20.050 Section 110113 amended – Demolition.
15.20.060 Section 111107 amended – Means of appeal.
15.20.070 Sections 112110.2 and 112110.4 amended – Stop work order.
15.20.080 Sections 302.4 and 304.14 amended – General requirements.
15.20.090 Sections 602.3 and 602.4 amended – Mechanical and electrical
requirements.
15.20.100 Vacant property registration.
15.20.010 Adoption of International Property Maintenance Code.
The International Property Maintenance Code adopted in Chapter 15.07 ACC shall be on file in
the office of the city clerk. The code as amended in this chapter shall govern over the published
provisions of that code. Where the International Property Maintenance Code references the
code official, that shall refer to and be construed to mean the building official as used in the city
code. Unless the context clearly indicates otherwise, the terms “code official” and “building
official” shall be synonymous. (Ord. 6902 § 13, 2023; Ord. 6763 § 7, 2021.)
15.20.020 Appendices adopted.
International Property Maintenance Code Appendix Chapter A, Boarding Standard, is hereby
adopted. A copy of the International Property Maintenance Code Appendix Chapter A, Boarding
Standard, shall be on file in the office of the city clerk. (Ord. 6763 § 7, 2021.)
Page 57 of 121
Chapter 15.20 ACC, Property Maintenance Code and Vacant Property Management Page 2 of 7
The Auburn City Code is current through Ordinance 6983, passed July 21, 2025.
15.20.030 Sections 103.1 and 103.5104.1 amended.
Sections 103.1 and 103.5104.1 of the International Property Maintenance Code are amended to
read as follows:
103.1 Department of property maintenance inspection. The department of community development
is responsible for implementation and enforcement of the International Property Maintenance Code.
103.5104.1 Fees. The fees for activities and services performed by the city in carrying out its
responsibilities under this code, including hearings conducted by the hearing examiner, shall be as
indicated in the city of Auburn fee schedule.
(Ord. 6902 § 14, 2023; Ord. 6763 § 7, 2021.)
15.20.040 Sections 107.2111.4.1 and 107.3111.4.2 amended.
Sections 107.2111.4.1 and 107.3111.4.2 of the International Property Maintenance Code are
amended to read as follows:
107.2111.4.1 Notices and orders. Such notice prescribed in Section 107.1 shall be in accordance with
the provisions of Chapter 1.25 regarding the form of notices.
107.3111.4.2 Method of service. Notices shall be deemed to be properly served if delivered in
accordance with the provisions of Chapter 1.25 regarding the method of services of notices.
(Ord. 6763 § 7, 2021.)
15.20.050 Section 110113 amended – Demolition.
International Property Maintenance Code Section 110113.1 is amended to read as follows:
Section 110113.1 General. The code official shall order the owner or owner’s authorized agent of any
premises upon which is located any structure, which in the code official’s judgment is so deteriorated
or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise
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Chapter 15.20 ACC, Property Maintenance Code and Vacant Property Management Page 3 of 7
The Auburn City Code is current through Ordinance 6983, passed July 21, 2025.
unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to
demolish and remove such structure; or if such structure is capable of being made safe by repairs, to
repair and make safe and sanitary, or to board up and hold for future repair or to demolish and
remove at the owner’s option; or where there has been a cessation of normal construction of any
structure for a period of more than two (2) years, the code official shall order the owner or owner’s
authorized agent to demolish and remove such structure, or board up until future repair. Unless the
code official determines that other measures are appropriate based on the circumstances, boarding
the building up for future repair shall comply with appendix A and the structure shall not remain
boarded beyond thirty (30) days, except where a non-opaque material is used that provides the same
level of security as provided by the requirements of Appendix A, the boarding may remain in place for
no more than one year. Timeframe extensions may be approved by the code official.
(Ord. 6902 § 15, 2023; Ord. 6763 § 7, 2021.)
15.20.060 Section 111107 amended – Means of appeal.
Section 111107 of the International Property Maintenance Code is deleted in its entirety and is
replaced with the following:
111107 Means of appeal. Any person directly affected by a decision of the code official or a notice or
order issued under the international property maintenance code shall have the right to appeal the
decision, notice, or order, accept notices to correct and the notices described in section 107. The
means for appealing shall be that provided in ACC 15.07.130, as hereafter amended.
(Ord. 6763 § 7, 2021.)
15.20.070 Sections 112110.2 and 112110.4 amended – Stop work order.
Sections 112110.2 and 112110.4 of the International Property Maintenance Code are amended
to read as follows:
112110.2 Issuance. The provisions of Auburn City Code Chapter 1.25 regarding stop work orders shall
govern the issuance of a stop work order under this code.
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Chapter 15.20 ACC, Property Maintenance Code and Vacant Property Management Page 4 of 7
The Auburn City Code is current through Ordinance 6983, passed July 21, 2025.
112110.4 Failure to comply. The provisions of Auburn City Code Chapter 1.25 shall govern the
enforcement of stop work orders and the penalty for failing to comply with an order.
(Ord. 6763 § 7, 2021.)
15.20.080 Sections 302.4 and 304.14 amended – General requirements.
Sections 302.4 and 304.14 of the International Property Maintenance Code are amended to
read as follows:
302.4 Weeds. Premises and exterior property shall be maintained free from weeds or plant growth in
excess of six inches. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual
plants and vegetation, other than trees or shrubs provided; however, this term shall not include
cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service
of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as
prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation,
any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be
authorized to enter upon the property in violation and cut and destroy the weeds growing thereon,
according to the abatement process contained in ACC 8.12, and the costs of such removal shall be
paid by the owner or agent responsible for the property.
304.14 Insect Screens. During the period from April 1 to October 31, every door, window and other
outside opening required for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food for human consumption are
processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens
of minimum 16 mesh per inch (16 mesh per 25 mm) and every screen door used for insect control
shall have a self-closing device in good working condition.
(Ord. 6763 § 7, 2021.)
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Chapter 15.20 ACC, Property Maintenance Code and Vacant Property Management Page 5 of 7
The Auburn City Code is current through Ordinance 6983, passed July 21, 2025.
15.20.090 Sections 602.3 and 602.4 amended – Mechanical and
electrical requirements.
Sections 602.3 and 602.4 of the International Property Maintenance Code are amended to read
as follows:
602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more
dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the
occupants thereof shall supply heat during year-round to maintain a minimum temperature of 68°F
(20°C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions:
a. When the outdoor temperature is below the winter outdoor design temperature for the locality,
maintenance of the minimum room temperature shall not be required provided that the heating
system is operating at its full design capacity. The winter outdoor design temperature for the locality
shall be as indicated in Appendix D of the International Plumbing Code.
b. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of
65°F (18°C) shall be maintained.
602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat year-round
to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied.
Exceptions:
a. Processing, storage and operation areas that require cooling or special temperature conditions.
b. Areas in which persons are primarily engaged in vigorous physical activities.
(Ord. 6763 § 7, 2021.)
15.20.100 Vacant property registration.
A. The vacant property registration program is hereby established. All vacant properties shall
be registered with the city when they remain vacant for more than 30 days. Failure to register a
vacant property shall constitute a violation that is punishable under the terms and procedures
of Chapter 1.25 ACC. This section shall not apply to properties that are the subject of a current
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Chapter 15.20 ACC, Property Maintenance Code and Vacant Property Management Page 6 of 7
The Auburn City Code is current through Ordinance 6983, passed July 21, 2025.
rental business license issued pursuant to Chapter 5.22 ACC or are inhabited by the property
owner part-time.
B. In addition to registration, vacant properties shall be managed as follows:
1. The property must be kept free of code violations.
2. The structure and property must remain secure from unauthorized access. All doors
and windows must be in place and remain locked. Broken doors and windows must be
repaired or replaced consistent with all provisions of this title.
3. The roof, flashing, rain gutters, and down spouts must be present and functional.
4. Exterior lighting, consistent with the requirements of this code, shall remain functional
and shall be set on a timer to provide nighttime illumination.
5. Water service shall be disconnected.
6. All vegetation shall be maintained consistent with Auburn City Code. Additionally,
shrubs, ground covers, vines, and trees must be kept trimmed and not encroach into the
public right-of-way or onto other neighboring properties.
7. The exterior appearance of all structures shall be kept clean and in good condition,
consistent with Section 304 of the International Property Maintenance Code. Tarps are not
allowed as a means of securing or screening damaged, degraded or moss covered roofs,
doors, windows or walls, except as a temporary measure prior to a permanent repair or
replacement.
8. Appropriate winterization measures shall be taken to ensure that the structure and
property are not further degraded due to extended periods of cold and/or wet weather.
9. Gas, electrical, and plumbing fixtures shall be maintained in a condition that is safe and
that avoids risk to public health and safety.
10. A notice shall be placed in a visible location on the property that indicates who the
property is registered to and must include contact information for the responsible party.
11. The property must be registered with the city of Auburn police department trespass
program.
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Chapter 15.20 ACC, Property Maintenance Code and Vacant Property Management Page 7 of 7
The Auburn City Code is current through Ordinance 6983, passed July 21, 2025.
C. The provisions of this section can be applied retroactively. Vacant properties and structures
existing on the date of adoption of this section are not vested. (Ord. 6763 § 7, 2021; Ord. 6744 § 3
(Exh. B), 2019; Ord. 6615 § 1, 2016. Formerly 15.20.080, 15.20.010.)
The Auburn City Code is current through Ordinance 6983, passed July 21, 2025.
Disclaimer: The city clerk’s office has the official version of the Auburn City Code. Users should
contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.
City Website: www.auburnwa.gov
Hosted by General Code.
Page 63 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7002 (Whalen/Martinson)
An Ordinance establishing a Municipal Court, and adding Chapter 2.14 of
the Auburn City Code
(RECOMMENDED ACTION: Move to approve Ordinance No. 7002.)
October 6, 2025
Department: Attachments: Budget Impact:
Legal Ordinance No. 7002, Ordinance
No. 7002 Exhibit A
Administrative Recommendation:
City Council to approve Ordinance No. 7002.
Background for Motion:
On May 5, 2025, Council approved Resolution No. 5827 to terminate the Interlocal Agreement with
King County and establish the Auburn Municipal Court, which will begin operations on January 1,
2027. This Ordinance will add a Section to the Auburn City Code and establish the Auburn Municipal
Court.
Background Summary:
On May 5, 2025, Council approved Resolution No. 5827 authorizing the Mayor to terminate the
Interlocal Agreement between the City of Auburn and King County to stand up the City of Auburn
Municipal Court. Consistent with Council direction, the Mayor sent a notice of termination to King
County. The Interlocal Agreement will therefore expire on December 31, 2026. Establishing the
Municipal Court via this Ordinance is the first step in setting up the Court to begin operations on
January 1, 2027. Passing this Ordinance will allow the Mayor to appoint a judicial officer, who will be
subject to Council confirmation. The judicial officer will select a Court Administrator who will then work
in conjunction with the judicial officer to make all necessary arrangements to stand up the Auburn
Municipal Court.
Councilmember: Kate Baldwin Staff: Jason Whalen
Page 64 of 121
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Ordinance No. 7002
September 18, 2025
Page 1 of 2 Rev. 2024
ORDINANCE NO. 7002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING A MUNICIPAL
COURT, AND ADDING CHAPTER 2.14 OF THE AUBURN
CITY CODE
WHEREAS, on May 5, 2025, the Auburn City Council passed Resolution No. 5827
“authorizing the Mayor to terminate the Interlocal Agreement between the City of Auburn
and King County to stand up the City of Auburn Municipal Court;” and
WHEREAS, pursuant to Resolution 5827, the Mayor provided due and proper
notice to terminate the Interlocal Agreement with King County, effective December 31,
2026; and
WHEREAS, RCW 3.50.010 authorizes any city with a population of four hundred
thousand or less to establish a municipal court by ordinance,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Addition to City Code. A new chapter to the Auburn City Code is
added to read as shown in Exhibit A, thereby establishing The Municipal Court of the City
of Auburn, which court shall have jurisdiction and shall exercise all powers as authorized
by law, effective January 1, 2027.
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
Page 65 of 121
--------------------------------
Ordinance No. 7002
September 18, 2025
Page 2 of 2 Rev. 2024
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 on 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:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 66 of 121
Auburn City Code
Chapter 2.14 MUNICIPAL COURT
Page 1/5
EXHIBIT A
Chapter 2.14
MUNICIPAL COURT
Sections:
2.14.010 Court established pursuant to RCW 3.50 et seq.
2.14.020 Location of court.
2.14.030 Jurisdiction.
2.14.040 Municipal judges.
2.14.050 Independent judiciary.
2.14.060 Judge pro tem.
2.14.070 Vacancy—Removal—Disqualification.
2.14.080 Disposition of Revenue.
2.14.090 Municipal Court employees.
2.14.100 Municipal Court seal.
2.14.110 Suspension or deferral of sentences.
2.14.120 Penalty if no other punishment prescribed.
2.14.130 Criminal prosecution in city’s name for violation of ordinances.
2.14.140 Pleadings, practice and procedure.
2.14.010 Court established pursuant to RCW 3.50 et seq.
The Municipal Court of the City of Auburn (“Municipal Court”) is hereby created and shall have jurisdiction and
exercise all powers vested in the Municipal Court by Chapter 3.50 RCW, together with other powers and jurisdiction
generally conferred on such courts in Washington, either by common law or statute. The Municipal Court shall
commence operation on January 1, 2027.
2.14.020 Location of court.
The Municipal Court, its courtrooms, chambers, and administrative and clerical offices are located in the Auburn
Justice Center, located at 18 Auburn Way S, Auburn, Washington, or in such other location as may be designated by
the mayor.
2.14.030 Jurisdiction.
A. Pursuant to RCW 3.50.020, the Municipal Court shall have exclusive original jurisdiction over traffic,
parking, and other civil infractions arising under city ordinances and exclusive original criminal jurisdiction of all
violations of city ordinances duly adopted by the city and shall have original jurisdiction of all other actions brought
to enforce or recover license penalties or forfeitures declared or given by such ordinances or by state statutes. The
Municipal Court shall also have the jurisdiction as conferred by statute.
B. The Municipal Court is empowered to forfeit cash bail or bail bonds and issue execution thereon, and in
general to hear and determine all causes, civil or criminal, including traffic infractions, arising under city ordinances
and to pronounce judgment in accordance therewith. So long as it participates in the program established by the
administrative office of the courts pursuant to RCW 2.56.160, the Municipal court shall have jurisdiction to take,
recognizance, approve bail, and arraign defendants held within its jurisdiction on warrants issued by any court of
limited jurisdiction participating in the program.
2.14.040 Municipal judges.
A. Appointment. Within thirty days after the effective date of this chapter, or any ordinance of the city council
that provides for additional judges, the mayor shall appoint a municipal judge subject to confirmation by the city
council.
B. Term. The appointment of judges under this chapter shall expire on December 31, 2029. Thereafter, all
Auburn Municipal Court judges will be subject to election pursuant to RCW 3.50.055 and serve a four-year term
consistent with RCW 3.50.040 and RCW 3.50.050.
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C. Qualifications. A person appointed as a full-time judge shall be a citizen of the United States of America and
of the State of Washington. The appointed judge shall also be an attorney admitted to practice law before the courts
of record of the state of Washington. A judge of a municipal court must be a resident of King County or Pierce
County.
D. Oath.
1. Pursuant to RCW 3.50.097, every judge of a municipal court, before entering upon the duties of the office,
shall take and subscribe the following oath or affirmation:
“I do solemnly swear (or affirm) that I will support the Constitution of the United States and the
Constitution of the State of Washington, and that I will faithfully discharge the duties of the judge of the
Municipal Court of the City of Auburn according to the best of my ability.”
2. The oath shall be filed in the office of the county auditor and with the city clerk.
E. Additional Judges.
1. Additional full- or part-time municipal judge positions may be filled when the public interest and
administration of justice makes such additional judge or judges necessary and so long as that procedure is
in compliance with state statutes, including but not limited to RCW 3.50.055.
2. Additional full- or part-time judges may be created only by ordinance of the city council.
F. Salaries of Municipal Court judges shall be fixed by Ordinance.
2.14.050 Independent judiciary.
The decisions, rulings, and judgments of the Municipal Court judge shall not be subject to oversight, revision, or
influence by any other city office or personnel, including, but not limited to, the mayor or city council.
2.14.060 Judges pro tem.
A. Pursuant to RCW 3.50.090, the presiding Municipal Court judge may designate one or more persons as judges
pro tem to serve in the absence or disability of the elected or duly appointed judges of the court, subsequent to the
filing of an affidavit of prejudice, or in addition to the elected or duly appointed judges when the administration of
justice and the accomplishment of the work of the court make it necessary.
B. The qualifications of a judge pro tempore shall be the same as for judges as provided under RCW 3.50.040,
except that a judge pro tempore need not be a resident of the city or county in which the Municipal Court is located.
C. Judges pro tempore shall have all of the powers of the duly appointed or elected judges when serving as judges
pro tempore of the court.
D. Before entering his or her duties, each judge pro tempore shall take, subscribe, and file an oath as is taken by a
duly appointed or elected judge.
E. Judges pro tempore shall receive, and the city shall pay, compensation as fixed by ordinance.
2.14.070 Vacancy—Removal—Disqualification.
A. Vacancy.
1. Pursuant to RCW 3.50.093, any vacancy in the Municipal Court, due to death, disability, or resignation of
a judge, shall be filled by the mayor for the remainder of the unexpired term.
2. The appointment shall be subject to the confirmation of the city council.
3. The appointed judge shall be qualified to hold the position of judge of the Municipal Court as provided in
this chapter.
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B. Removal. Pursuant to RCW 3.50.095, a Municipal Court judge shall be removed only upon conviction of
misconduct or malfeasance in office or because of physical or mental disability rendering the judge incapable of
performing the duties of the office; provided, that a Municipal Court judge is also subject to disciplinary actions by
the commission of judicial conduct and the Washington State Supreme Court, as described in Chapter 2.64 RCW.
C. Disqualification. Pursuant to RCW 3.50.045, a Municipal Court judicial officer shall not preside in any of the
following cases:
1. In an action to which the judicial officer is a party, or in which the judicial officer is directly interested, or
in which the judicial officer has been an attorney for a party.
2. When the judicial officer or one of the parties believes that the parties cannot have an impartial trial or
hearing before the judicial officer, the judicial officer shall disqualify himself or herself under the provisions of
this section if, before any discretionary ruling has been made, a party files an affidavit that the party cannot
have a fair and impartial trial or hearing by reason of the interest or prejudice of the judicial officer. The
following are not considered discretionary rulings:
(a) The arrangement of the calendar;
(b) The setting of an action, motion, or proceeding for hearing or trial;
(c) The arraignment of the accused; or
(d) The fixing of bail and initially setting conditions of release.
3. Only one change of judicial officer is allowed by each party in an action or proceeding.
4. When a judicial officer is disqualified under this section, the case shall be heard before another judicial
officer of the city.
5. For the purposes of this section, “judicial officer” means a judge, judge pro tempore, or court
commissioner.
2.14.080 Disposition of revenue.
A. Costs.
1. Pursuant to RCW 3.50.100, costs in civil and criminal actions may be imposed as provided in district court.
2. All fees, costs, fines, forfeitures, and other money imposed by the Municipal Court for the violation of any
municipal ordinances shall be collected by the court clerk and, together with any other noninterest revenues
received by the clerk, shall be deposited with the city treasurer as a part of the general fund, deposited in
such other fund of the city, or deposited in such other funds as may be designated by the laws of the state of
Washington.
B. Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly thirty-two
percent of the noninterest money received under this section, other than for parking infractions, and certain costs to
the state treasurer.
1. “Certain costs” as used in this subsection, means those costs awarded to prevailing parties in civil actions
under RCW 4.84.010 or 36.18.040, those costs awarded against convicted defendants in criminal actions
under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically
designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the
state, county, or city in the prosecution of the case, including the fees of defense counsel.
2. Money remitted under this subsection to the state treasurer shall be deposited in the state general fund.
3. The balance of the noninterest money received under this section shall be retained by the city and deposited
as provided by law.
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C. Penalties, fines, bail forfeitures, fees, and costs imposed against a defendant in a criminal proceeding shall not
accrue interest.
2.14.090 Municipal Court employees.
Pursuant to RCW 3.50.080, but subject to General Rule (GR) 29, all employees of the Municipal Court shall, for all
purposes, be deemed employees of the City of Auburn. They shall be appointed by and serve at the pleasure of the
presiding municipal judge.
2.14.100 Municipal Court seal.
Pursuant to RCW 3.50.115, the Municipal Court shall have a seal which shall be the vignette of George Washington,
with the words “Seal of the Municipal Court of the City of Auburn, State of Washington,” surrounding the vignette.
All process from the court runs throughout the state. The Supreme Court may determine by rule what process must
be issued under seal.
2.14.110 Suspension or deferral of sentences.
Unless otherwise provided by state law, the court shall have the following sentencing authority:
A. Except as provided in subsection B of this section, pursuant to RCW 3.50.320, after a conviction, the court
may impose sentence by suspending all or a portion of the defendant’s sentence or by deferring the sentence of the
defendant and may place the defendant on post disposition supervision for a period of no longer than two years and
prescribe the conditions thereof.
1. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear
for any hearing to address the defendant’s compliance with the terms of post disposition supervision when
ordered to do so by the court, shall have the term of post disposition supervision tolled until such time as the
defendant makes his or her presence known to the court on the record.
2. During the time of the deferral, the court may, for good cause shown, permit a defendant to withdraw the
plea of guilty, permit the defendant to enter a plea of not guilty, and dismiss the charges. The court shall not
defer sentence for an offense sentenced under RCW 46.61.5055.
B. Pursuant to RCW 3.50.330, for a period not to exceed five years after imposition of sentence for a defendant
sentenced for a domestic violence offense or under RCW 46.61.5055 and two years after imposition of sentence for
all other offenses, the court shall have continuing jurisdiction and authority to suspend or defer the execution of all
or any part of the sentence upon stated terms, including installment payment of fines.
1. A defendant who has been sentenced, or whose sentence has been deferred, and who then fails to appear
for any hearing to address the defendant’s compliance with the terms of post disposition supervision when
ordered to do so by the court, shall have the term of post disposition supervision tolled until such time as the
defendant makes his or her presence known to the court on the record.
2. The jurisdiction period in this section does not apply to the enforcement of orders issued under RCW
46.20.720.
3. Any time before entering an order terminating post disposition supervision, the court may modify or
revoke its order suspending or deferring the imposition or execution of the sentence.
C. Pursuant to RCW 3.50.340, deferral of sentence and suspension of execution of sentence may be revoked if
the defendant violates or fails to carry out any of the conditions of the deferral or suspension.
1. Upon the revocation of the deferral or suspension, the court shall impose the sentence previously
suspended or any unexecuted portion thereof. In no case shall the court impose a sentence greater than the
original sentence, with credit given for time served and money paid on fine and costs.
2. Any time before entering an order terminating post disposition supervision, the court may revoke or
modify its order suspending the imposition or execution of the sentence.
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3. If the ends of justice will be served and when warranted by the reformation of the supervisee, the court
may terminate the period of post disposition supervision and discharge the person so held. (Ord. 1582 § 1,
2022).
2.14.120 Penalty if no other punishment prescribed.
Pursuant to RCW 3.50.440, every person convicted by the Municipal Court of a violation of the criminal provisions
of an ordinance for which no punishment is specifically prescribed in the ordinance is guilty of a gross misdemeanor
and shall be punished by a fine of not more than five thousand dollars or imprisonment in city jail for a period not to
exceed one year, or both such fine and imprisonment.
2.14.130 Criminal prosecution in city’s name for violation of ordinances.
Pursuant to RCW 3.50.430, all criminal prosecutions for the violation of a city ordinance shall be conducted in the
name of the City of Auburn and may be upon the complaint of any person.
2.14.140 Pleadings, practice and procedure.
Pursuant to RCW 3.50.450, pleadings, practice, and procedure in cases not governed by statutes or rules specifically
applicable to municipal courts shall, insofar as applicable, be governed by the statutes and rules now existing or
hereafter adopted governing pleadings, practice, and procedure applicable to district courts.
Page 71 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5859 (Gaub)
A Resolution authorizing the Mayor to execute an Interlocal Agreement
between the City of Auburn and King County relating to the City of Auburn's
AWOS, Beacon and Emergency Generator Project
(RECOMMENDED ACTION: Move to adopt Resolution No. 5859.)
October 6, 2025
Department: Attachments: Budget Impact:
Public Works Resolution No. 5859, Exhibit A,
Vicinity Map
Administrative Recommendation:
City Council to adopt Resolution No. 5859.
Background for Motion:
This Resolution authorizes an Interlocal Agreement with King County for the City of Auburn to pay a
$51,769 fee and King County to complete the required wetland mitigation for the Auburn Airport's
Automated Weather Observation Station (AWOS), Beacon and Generator Installation to satisfy the
project's permit requirements.
Background Summary:
Resolution No. 5859 authorizes the Mayor to execute an Interlocal Agreement between the City of
Auburn and King County. The purpose of this agreement is to fulfill a U.S. Army Corps of Engineers
permit requirement for wetland mitigation associated with Project No. CP2335, Auburn Automated
Weather Observation Station (AWOS), Beacon, and Generator Installation for the Auburn Municipal
Airport. This agreement requires the City to pay King County a $51,769 fee, and in return, King
County will complete a mitigation project at a separate site to satisfy the project’s permit requirement.
The Auburn AWOS, Beacon, and Generator Installation will construct the following improvements at
the Auburn Municipal Airport (Airport):
Automated Weather Observing System (AWOS):
Page 72 of 121
AWOS is a group of instruments that continuously measures and reports weather data. The Airport
currently does not have an AWOS. The new AWOS will provide valuable weather information to pilots
and is imperative for use with the Airport's upcoming non-precision instrument approach procedure
being developed by the Federal Aviation Administration (FAA) which will allow pilots to utilize the
Airport in low visibility conditions.
Beacon:
A beacon is a bright light that helps pilots locate the Airport at night. The existing Airport beacon is
mounted on top of a hangar building to the east of the runway and requires replacement due to its
age (20+ years) and deteriorating condition. In addition, because of the surrounding ambient light, the
existing beacon is difficult to observe at night. The new beacon will be mounted on a pole and will be
located to the west of the runway to make it more visible to pilots at night.
Standby Generator:
The Airport does not currently have a standby generator. A standby generator is needed to provide
backup electrical services for Airport lighting for the runway and taxiways during power outages.
The Interlocal Agreement attached as Exhibit A has already been executed by King County.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 73 of 121
--------------------------------
Resolution No. 5859
September 4, 2025
Page 1 of 2 Rev. 04/24
RESOLUTION NO. 5859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND KING COUNTY RELATING TO THE
CITY OF AUBURN’S AWOS, BEACON & EMERGENCY
GENERATOR PROJECT
WHEREAS, the U.S. Army Corps of Engineers (“Army Corps”) has obligated the
City of Auburn (“Auburn”) to mitigate wetland impacts associated with the Automated
Weather Observing System (AWOS), Beacon & Emergency Generator project (“Project”);
and
WHEREAS, the wetland impacts will be mitigated through the King County
(“County”) Mitigation Reserve Program which is currently implemented as an in-lieu fee
program; and
WHEREAS, Auburn will pay a $51,769 fee to the County, and by receiving the fee,
the County is responsible for the completion of a project at a separate mitigation site that
will satisfy Auburn’s mitigation obligations to the Army Corps;
WHEREAS, the funds needed to pay the fee are available in the approved City
budget; and
WHEREAS, Auburn and King County are authorized to undertake joint and
cooperative action pursuant to Chapter 39.34 RCW.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement with
King County related to the City of Auburn’s AWOS, Beacon & Emergency Generator
Page 74 of 121
--------------------------------
Resolution No. 5859
September 4, 2025
Page 2 of 2 Rev. 04/24
project which Agreement will be in substantial conformity with the Agreement attached as
Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 75 of 121
City of Auburn
Resolution No. 5859
Exhibit A
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1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
Vicinity Map 9/30/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes
no warranty as to its accuracy.
AUBURN MUNICIPAL
AIRPORT AUBURN WAY NApproximate location of
new AWOS.
Example image
Approximate location
of new beacon.
Example image
Approximate location of new standby
generator.
Example image
VICINITY MAP
CP2335, Automated Weather Observing System (AWOS), Beacon & Emergency Generator
Page 89 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5861 (Gaub)
A Resolution authorizing the Mayor to execute and administer an
agreement accepting a grant from the Washington State Department of
Transportation and the Pedestrian and Bicycle Safety Program relating to
Project No. CP2509, Downtown Bike to Transit — 10th Street NE/NW
(RECOMMENDED ACTION: Move to adopt Resolution No. 5861.)
October 6, 2025
Department: Attachments: Budget Impact:
Public Works Resolution No. 5861, Project
Vicinity Map
$1,924,000
Administrative Recommendation:
City Council to adopt Resolution No. 5861.
Background for Motion:
This Resolution allows the acceptance and utilization of grant funds awarded through the Washington
State Climate Commitment Act from the State in the amount of $1,924,000 for the Downtown Bike to
Transit project, which will improve 10th Street NE/NW between B Street NW and Auburn Way North
by reducing it from four lanes to three and creating buffered bike lanes along with other safety
improvements.
Background Summary:
Resolution No. 5861 authorizes the Mayor to enter into agreements with the Washington State
Department of Transportation to accept and utilize grant funds in the amount of $1,924,000 to support
the implementation of the Downtown Bike to Transit (10th Street NE/NW) project (CP2509).
This project will improve the 10th Street NE/NW corridor between B Street NW and Auburn Way
North by converting the existing four-lane roadway into a three-lane configuration, consisting of one
travel lane in each direction, a center two way left turn lane, and buffered bike lanes. These
enhancements aim to improve safety, access, and multi-modal mobility. Intersection upgrades include
removing the east/west stop control at A Street NE and installing Rectangular Rapid Flashing
Beacons (RRFBs) and refuge islands at the north-south crosswalks to improve pedestrian safety. The
traffic signal at D Street NE will be modified to match the updated cross section, and the entire
corridor will receive a grind and overlay to preserve the existing pavement.
In conjunction with the transportation improvements, the project will replace approximately 58 feet of
existing 8-inch storm drainage with a new 12-inch pipe to increase drainage capacity. Existing catch
Page 90 of 121
basins will be preserved unless their replacement is necessary for pipe replacement. The project
grant funds will be included in the upcoming budget amendment #3 request.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 91 of 121
-----------------------------
Resolution No. 5861
September 12, 2025
Page 1
RESOLUTION NO. 5861
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AND ADMINISTER AN AGREEMENT
ACCEPTING A GRANT FROM THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION AND THE
PEDESTRIAN AND BICYCLE SAFETY PROGRAM
RELATING TO PROJECT NO. CP2509, DOWNTOWN BIKE
TO TRANSIT - 10TH STREET NE/NW
WHEREAS, the City applied for, and has been awarded, grant funding for the
Downtown Bike to Transit - 10th St NE/NW project (Project) that will design and construct
improvements to the City’s transportation systems; and
WHEREAS, the Project is included in the City’s Transportation Improvement
Program (TIP) as Downtown Bike to Transit - 10th St NE/NW (N-3); and
WHEREAS, the total estimated grant funds awarded for the Project are
approximately $1,924,000, with no local match required; and
WHEREAS, Washington State Department of Transportation (WSDOT) is a state
agency responsible for the administration of the Pedestrian and Bicycle Safety Program
utilizing Climate Commitment Act funds for transportation projects; and
WHEREAS, it is in the best interest of the City to use Washington State grant
monies to finance transportation improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute and administer the grant
agreement with WSDOT for a total of $1,924,000 or any other amount authorized by the
Pedestrian and Bike Safety Program and WSDOT for the Project.
Page 92 of 121
-----------------------------
Resolution No. 5861
September 12, 2025
Page 2
Section 2. The Mayor is authorized to negotiate, enter, and administer
agreements to spend the grant funds for the Project, and to implement other
administrative procedures necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon passage
and signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 93 of 121
Printed On: 9/12/2025
Map created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
1:902805001000
ft
WGS84 Web Mercator (Auxiliary Sphere)
VICINITY MAP
Project No. 2509, Downtown Bike to Transit (10th St NE/NW)
Fred Meyer
10th St NE
8th St NE
8th St NE
10th St NE
I St NEH St NE4th St NE
Park Ave NE
14th St NE
15th St NE 15th St NE
A St NE12th St NED St NEB St NW15th
S
t
N
W I St NEBNSF RailwayC St NWE St NEAuburn Ave3rd St NW Auburn Way NA St NEA St NWVeterans
Memorial
Park
Auburn North
Shopping
Center
Project Location
Project Location
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AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5862 (Gaub)
A Resolution authorizing the Mayor to execute and administer an
agreement accepting a grant from the Washington State Department of
Transportation and Freight Mobility Strategic Investment Board relating to
Project No. CP2311, East Valley Highway Widening
(RECOMMENDED ACTION: Move to adopt Resolution No. 5862.)
October 6, 2025
Department: Attachments: Budget Impact:
Public Works Resolution No. 5862, Vicinity
Map
$700,000
Administrative Recommendation:
City Council to adopt Resolution No. 5862.
Background for Motion:
This Resolution allows the acceptance and utilization of grant funds from the State in the amount of
$700,000 for the design of the East Valley Highway Widening project, which will provide motorized
and non-motorized improvements along the East Valley Highway corridor from the intersection at
Lakeland Hills Way to Terrace View Drive SE.
Background Summary:
Resolution No. 5862 authorizes the Mayor to enter into agreements with the Washington State
Department of Transportation to accept and utilize grant funds in the amount of $700,000 to support
the implementation of the East Valley Highway Widening project (CP2311).
This project will widen East Valley Highway from the intersection at Lakeland Hills Way to Terrace
View Drive SE. The project scope includes intersection improvements, the addition of a separated
non-motorized trail, additional northbound and southbound through lanes, center turn lane to support
existing and future development, illumination, signal modifications, storm drainage improvements,
and installation of a new dynamic message sign. The project is intended to increase vehicle capacity
along the corridor, accommodate non-motorized users, and improve safety. The grant funds will be
added to the project with the next budget amendment.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 95 of 121
-----------------------------
Resolution No. 5862
September 16, 2025
Page 1
RESOLUTION NO. 5862
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
TO EXECUTE AND ADMINISTER AN AGREEMENT
ACCEPTING A GRANT FROM THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION AND FREIGHT
MOBILITY STRATEGIC INVESTMENT BOARD RELATING
TO PROJECT NO. CP2311, EAST VALLEY HIGHWAY
WIDENING
WHEREAS, the City applied for, and has been awarded, grant funding for the East
Valley Highway Widening (Project) that will design improvements to the City’s
transportation systems; and
WHEREAS, the Project is included in the City’s Transportation Improvement
Program (TIP) as E Valley Highway Widening (R-26); and
WHEREAS, the total estimated grant funds awarded for the Project are
approximately $700,000, with no local funding match requirement; and
WHEREAS, Washington State Department of Transportation (WSDOT) is a state
agency responsible for the administration of Freight Mobility Strategic Investment Board
(FMSIB) funds for transportation projects; and
WHEREAS, it is in the best interest of the City to use Washington State grant
monies to finance transportation improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute and administer a grant agreement
with WSDOT for a total of $700,000 or any other amount authorized by FMSIB and
WSDOT for the Project.
Page 96 of 121
-----------------------------
Resolution No. 5862
September 16, 2025
Page 2
Section 2. The Mayor is authorized to negotiate, enter, and administer
agreements to spend the grant funds for the Project, and to implement other
administrative procedures necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force on passage
and signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 97 of 121
CP2311, East Valley Highway Widenin...Printed On: 9/18/2025
Map created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
1:18056015003000
ft
WGS84 Web Mercator (Auxiliary Sphere)
CP2311, East Valley Highway Widening - Vicinity Map
Lakel
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AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5864 (Gaub)
A Resolution authorizing the Mayor to execute and administer an
agreement accepting a grant from the Washington State Department of
Commerce relating to project No. CP2414, Downtown Auburn Theater
(RECOMMENDED ACTION: Move to adopt Resolution No. 5864.)
October 6, 2025
Department: Attachments: Budget Impact:
Public Works Resolution No. 5864, Vicinity
Map
$485,000
Administrative Recommendation:
City Council to adopt Resolution No. 5864.
Background for Motion:
This Resolution allows the acceptance and utilization of grant funds from the State in the amount of
$485,000 for the Auburn Downtown Theater project, which will build a replacement for the Auburn
Ave Theater which was demolished in October of 2024.
Background Summary:
Resolution No. 5864 authorizes the Mayor to enter into agreements with the Washington State
Department of Commerce to accept and utilize grant funds in the amount of $485,000 to support the
implementation of the Auburn Downtown Theater project (CP2414).
This project will reconstruct the Auburn Avenue Theater which was demolished in October of 2024. It
is anticipated that construction for the new performing arts theater will begin in early 2026 with an
estimated construction timeframe of 12 to 18 months. The grant funds will be added to the project
budget with the next budget amendment.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 99 of 121
--------------------------------
Resolution No. 5864
September 19, 2025
Page 1 of 2 Rev. 2024
RESOLUTION NO. 5864
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AND ADMINISTER AN AGREEMENT
ACCEPTING A GRANT FROM THE WASHINGTON STATE
DEPARTMENT OF COMMERCE RELATING TO PROJECT
NO. CP2414, DOWNTOWN AUBURN THEATER
WHEREAS, the City applied for, and has been awarded, grant funding for the
Auburn Downtown Theater project (Project) that will design and construct a new
performing arts theater; and
WHEREAS, the Project is included in the City’s 2025 Capital Improvement Fund
(328) budget; and
WHEREAS, the total estimated grant funds awarded for the Project are
approximately $485,000, with no local funding match requirement; and
WHEREAS, Washington State Department of Commerce (WSDOC) is a state
agency responsible for the administration of these grant funds; and
WHEREAS, it is in the best interest of the City to use Washington State grant
monies to finance capital facilities improvements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute and administer the grant
agreement with WSDOC for a total of $485,000 or any other amount authorized by
WSDOC for the Project.
Page 100 of 121
--------------------------------
Resolution No. 5864
September 19, 2025
Page 2 of 2 Rev. 2024
Section 2. The Mayor is authorized to negotiate, enter, and administer
agreements to spend the grant funds for the Projects, and to implement other
administrative procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 101 of 121
Printed On: 9/22/2025
Map created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
1:45140450900
ft
WGS84 Web Mercator (Auxiliary Sphere)
CP2414, Auburn Downtown Theater (Auburn Ave Theater Rebuild) - Vicinity Map
Project Location
Page 102 of 121
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5865 (Caillier)
A Resolution authorizing the Mayor to execute and administer an
agreement accepting a grant from the Association of Washington Cities -
Co-Responder Program with Project Be Free
(RECOMMENDED ACTION: Move to adopt Resolution No. 5865.)
October 6, 2025
Department: Attachments: Budget Impact:
Police Resolution No. 5865, 25-02
ARTG Agreement_Auburn
No Budget Impact.
Administrative Recommendation:
City Council to adopt Resolution 5865.
Background for Motion:
The Auburn Police Department applied for and received a grant award of $100,000.00, from the
Association of Washington Cities to create a co-responder program with Project Be Free with the
goals of reducing repeat domestic violence calls, reducing domestic violence workload for first
responders, and connecting underserved residents with appropriate support and referrals. Council
approval is needed to accept the grant award.
Background Summary:
The Association of Washington Cities (AWC) is acting as a fiduciary agent of the State of Washington
to provide certain grant funding. The purpose of this grant is to assist cities with the documented
costs to create co-responder programs within different alternative diversion models, including law
enforcement assisted diversion programs, community assistance referral and education programs,
and as part of mobile crisis teams. AWC has determined that entering into a Contract with the City of
Auburn will meet the goals of these funds. The Auburn Police Department applied for and was
awarded grant funding of $100,000 to create a co-responder program with Project Be Free.
Councilmember: Cheryl Rakes Staff: Mark Caillier
Page 103 of 121
--------------------------------
Resolution No. 5865
October 6, 2025
Page 1 of 2 Rev. 2024
RESOLUTION NO. 5865
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AND ADMINISTER AN AGREEMENT
ACCEPTING A GRANT AWARD FROM THE ASSOCIATION
OF WASHINGTON CITIES – CO-RESPONDER PROGRAM
WITH PROJECT BE FREE
WHEREAS, the Auburn Police Department (APD) applied for, and has been
awarded a grant from the Association of Washington Cities in the amount of $100,000;
and
WHEREAS, the grant is specific to the police department with the purpose of
assisting cities with the documented costs to create co-responder programs within
different alternative diversion models including law enforcement assisted diversion
programs, community assistance referral and education programs, and as part of mobile
crisis teams. The Auburn Police Department has chosen to establish a co-responder
program with Project Be Free (PBF). The goals of the program include reducing repeat
domestic violence calls, reducing domestic violence workload for first responders, and
connecting underserved residents with appropriate support and referrals and
WHEREAS, the Auburn Police Department has been awarded $100,000 to
contract with Project Be Free.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City of Auburn and Auburn Police Department are authorized to
accept the grant award of $100,000, according to the terms and conditions set forth in the
Award Letter attached to this Resolution;
Page 104 of 121
--------------------------------
Resolution No. 5865
October 6, 2025
Page 2 of 2 Rev. 2024
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 105 of 121
Alternative Response Team Grant Grantee Funding Agreement
Association of Washington Cities
Grant (“Grant”) with
City of Auburn
through
The Alternative Response Team Grant
A program supported by the Washington Health Care Authority
and funded through the Washington State Operating Budget
For
Jurisdiction Name City of Auburn
Program
Description
Support the operation of a co-response program within the Auburn
Police Department.
Start date: July 1, 2025
End date: June 30, 2026
Page 106 of 121
FACE SHEET
1
Grant Number: ART25-02
Association of Washington Cities (AWC)
Alternative Response Team Grant (ARTG)
Senate Bill 5167 (State operating budget) went into effect on July 1, 2025. The purpose of this grant is to assist
cities with the documented costs to create co-responder programs within different alternative diversion models
including law enforcement assisted diversion programs, community assistance referral and education
programs, and as part of mobile crisis teams. AWC has determined that entering into a Contract with the City
of Auburn will meet the goals of these funds.
1. Grantee 2. Grantee Doing Business As (optional)
City of Auburn
3. Grantee Representative 4. AWC Representative
Jacob Ewing
Special Projects Coordinator
(360) 753-4137
jacobe@awcnet.org
1076 Franklin Street SE
Olympia, WA
98501
5. Grant Amount 6. Start Date 7. End Date 8. Tax ID #
$100,000 July 1, 2025 June 30, 2026
9. Grant Purpose
Establish an alternative response team program as described in Attachment A.
AWC and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have
executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of
both parties to this Grant are governed by this Grant and the following other documents incorporated by reference:
Grantee General Terms and Conditions including Attachment “A” – Scope of Work; Attachment “B” – Budget & Budget
Narrative; Attachment “C” – Grantee Data Collection; Attachment (D) – Grantee Agent(s).
FOR GRANTEE FOR Association of Washington Cities
Date
Date
Last revision 05/20/2025
Page 107 of 121
Alternative Response Team Grant Grantee Funding Agreement
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the Grant contact person for
all communications and billings regarding the performance of this Grant.
The Representative for AWC and their contact information are identified on the Face Sheet of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet of this
Grant.
2. TERM
The initial term of the Contract shall be July 1, 2025, and continue through June 30, 2026, unless terminated
sooner as provided herein. The term of the contract may be extended up to two times by an amendment
signed by both parties.
3. PAYMENT
AWC shall pay an amount not to exceed $100,000 for the performance of all things necessary for or incidental
to the performance of work as set forth in the ARTG Application and described in Attachment A. Grantee's
compensation for services rendered shall be based on the completion of duties as outline d in the ARTG
application, in Attachment A, in accordance with the following sections.
4. BILLING PROCEDURES AND PAYMENT
AWC will reimburse Grantee upon acceptance of services provided and receipt of properly completed
invoices, which shall be submitted to the Representative for AWC not more often than monthly. Grantee will
use the invoice form provided by AWC to request reimbursement.
The invoices shall describe and document, to AWC's satisfaction, a description of the work performed, the
progress of the project, and fees. The invoice shall include the Grant Number ART25-02. A receipt must
accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.
If errors are found in the submitted invoice or supporting documents, AWC will notify the Grantee to make
corrections in a timely manner, resubmit the invoice and/or supporting documentation as requested, and
notify AWC.
Payment shall be considered timely if made by AWC within forty-five (45) calendar days after receipt of
properly completed invoices. Payment shall be sent to the address designated by the Grantee.
AWC may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for
services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this Grant shall be
made by AWC.
Duplication of Billed Costs
The Grantee shall not bill AWC for services performed under this Grant, and AWC shall not pay the Grantee,
if the Grantee is entitled to payment or has been or will be paid by any other source, including grants, for that
service. This does not include fees charged for summer recreation programs.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own organization or
that of its Grantees.
Final Reimbursement and Reporting Deadline
When the project is completed, the Grantee must submit a final report and supporting documents needed to
close out the project no later than July 31, 2026.
AWC shall withhold 10 percent (10%) from each payment until acceptance by AWC of the final reporting from
the Grantee has been submitted and verified.
Page 108 of 121
Alternative Response Team Grant Grantee Funding Agreement
Upon expiration of the Contract, any claims for payment for costs due and payable under this Contract that
are incurred prior to the expiration date must be submitted by the Contractor to AWC within thirty (30)
calendar days after the Contract expiration date. AWC is under no obligation to pay any claims that are
submitted thirty-one (31) or more calendar days after the Contract expiration date (“Belated Claims”). AWC
will pay Belated Claims at its sole discretion, and any such potential payment is continge nt upon the
availability of funds.
5. GRANTEE DATA COLLECTION/REPORTING REQUIREMENTS
Grantee will submit reports, in a form and format to be provided by AWC (See Attachment C). Data must be
provided to AWC along with final billing.
6. AGENT(S)
Agent(s) in this contract refers to any third-party entity and its employees that the Grantee has subcontracted
with to provide services funded through this agreement. The Grantee is responsible for ensuring that any
agent complies with the provision herei n.
Any of the Grantee’s agent(s) that will provide services under this contract must be listed in Attachment D –
Grantee Agent(s) and must provide proof of insurance per Section 6 of this document.
7. INSURANCE
a. Workers’ Compensation Coverage. The Grantee shall at all times comply with all applicable workers’
compensation, occupational disease, and occupational health and safety laws, statutes, and regulations
to the fullest extent applicable. This requirement includes the purchase of industria l insurance coverage
for the Grantee’s employees, as may now hereafter be required of an “employer” as defined in Title 51
RCW. Such workers’ compensation and occupational disease requirements shall include coverage for
all employees of the Grantee, and for all employees of any subcontract retained by the Grantee, suffering
bodily injury (including death) by accident or disease, which arises out of or in connection with the
performance of this Grant. Satisfaction of these requirements shall include, but shall not be limited to:
i. Full participation in any required governmental occupational injury and/or disease
insurance program, to the extent participation in such a program is mandatory in any
jurisdiction;
ii. Purchase workers’ compensation and occupational disease insurance benefits to
employees in full compliance with all applicable laws, statutes, and regulations, but only
to the extent such coverage is not provided under mandatory governmental program in “a”
above, and/or;
iii. Maintenance of a legally permitted and governmentally approved program of self -
insurance for workers’ compensation and occupational disease.
Except to the extent prohibited by law, the program of the Grantee’s compliance with workers’
compensation and occupational disease laws, statutes, and regulations in 1), 2), and 3) above shall
provide for a full waiver of rights of subrogation against AWC , its directors, officers, and employees.
If the Grantee, or any agent retained by the Grantee, fails to effect and maintain a program of compliance
with applicable workers’ compensation and occupational disease laws, statutes, and regulations and
AWC incurs fines or is required by law to provide benefits to such employees, to obtain coverage for such
employees, the Grantee will indemnify AWC for such fines, payment of benefits to Grantee or Grantee
employees or their heirs or legal representatives, and/or the cost of effecting coverage on behalf o f such
employees. Any amount owed AWC by the Grantee pursuant to the indemnity may be deducted from
any payments owed by AWC to the Grantee for the performance of this Grant.
b. Automobile Insurance. In the event that services delivered pursuant to this Grant involve the use of
vehicles, owned or operated by the Grantee, automobile liability insurance shall be required. The
minimum limit for automobile liability is:
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$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
c. Business Automobile Insurance. In the event that services performed under this Grant involve the use
of vehicles or the transportation of clients, automobile liability insurance shall be required. If Grantee -
owned personal vehicles are used, a Business Automobile policy covering a mini mum Code 2 “owned
autos only” must be secured. If the Grantee’s employees’ vehicles are used, the Grantee must also
include under the Business Automobile policy Code 9, coverage for “non -owned autos.” The minimum
limits for automobile liability is:
$1,000,000 per accident, using a Combined Single Limit for bodily injury and property damage.
d. Public Liability Insurance (General Liability). The Grantee shall at all times during the term of this
Grant, at its cost and expense, carry and maintain general public liability insurance, including contractual
liability, against claims for bodily injury, personal injury, death, or property damage occu rring or arising
out of services provided under this Grant. This insurance shall cover such claims as may be caused by
any act, omission, or negligence of the Grantee or its officers, agents, representative s, assigns or
servants. The limits of liability insurance, which may be increased from time to time as deemed necessary
by AWC, with the approval of the Grantee (which shall not be unreasonably withheld), shall not be less
than as follows:
Each Occurrence $1,000,000
Products-Completed Operations Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Fire Damage Limit (any one fire) $ 50,000
e. Local Governments that Participate in a Self-Insurance Program.
Alternatively, Grantees may maintain a program of self-insurance or participate in a property/liability
pool with adequate limits to comply with the Grant insurance requirements or as is customary to the
contractor or Grantee’s business, operations/industry, and the performance of its respective obligations
under this Grant.
f. Additional Insured. The Association of Washington Cities, shall be specifically named as an additional
insured on all policies, including Public Liability and Business Automobile, except for liability insurance
on privately-owned vehicles, and all policies shall be primary to any other valid and collectible insurance.
AWC may waive the requirement to be specially named as an additional insured on policies, including
Public Liability and Business Automobile, provided that the Grantee provides: (1) a description of its self -
insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and
deductibles. All self-insured risk management programs or self -insured/liability pools must comply with
RCW 48.62, the requirements of the Office of Risk Management and Local Government Self Insurance
Program, the Washington State Auditor’s reporting requirements and all related federal and state
regulations. Grantees participating in a joint risk pool shall maintain sufficient documentation to support
the aggregate claim liability information reported on the balance sheet. AWC, its agents, and employees
need not be named as additional insured under a self -insured property/liability pool, if the pool is
prohibited from naming third parties as additional insured.
g. Proof of Insurance. Certificates and or evidence satisfactory to the AWC confirming the existence,
terms and conditions of all insurance required above shall be delivered to AWC within five (5) days of the
Grantee’s receipt of Authorization to Proceed.
h. General Insurance Requirements. Grantee shall, at all times during the term of the Grant and at its
cost and expense, buy and maintain insurance of the types and amounts listed above. Failure to buy
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and maintain the required insurance may result in the termination of the Grant at AWC’s option. By
requiring insurance herein, AWC does not represent that coverage and limits will be adequate to protect
Grantee and such coverage and limits shall not limit Grantee’s liability under the indemnities and
reimbursements granted to AWC in this Grant.
Grantee shall include all agents of the Grantee as insureds under all required insurance policies, or shall
furnish proof of insurance and endorsements for each agent. Agent(s) must comply fully with all insurance
requirements stated herein. Failure of ag ent(s) to comply with insurance requirements does not limit
Grantee’s liability or responsibility.
8. ORDER OF PRECEDENCE
In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in
the following order:
• Applicable federal and state of Washington statutes and regulations
• Grant and Grantee General Terms and Conditions
• Attachment A – ARTG Application & Scope of Work
• Attachment B – Budget & Budget Narrative
• Attachment C – Grantee Reporting Requirements
• Attachment D – Grantee Agent(s)
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GRANTEE GENERAL TERMS AND CONDITIONS
1. Access to Data. In compliance with Chapter 39.26 RCW, the Grantee shall provide access to data
generated under this Grant to AWC, and to the extent necessary to comply with RCW 39.26, the Joint
Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access
to all information that supports the findings, conclusions, and recommendations of the Grantee’s reports,
including computer models and methodology for those models.
2. Alterations and Amendments. This Grant may be amended only by mutual agreement of the parties in
writing. Such amendments shall not be binding unless they are in writing and signed by personnel authorized
to bind each of the parties.
3. Americans with Disabilities Act (ADA) of 1990, Public Law 101 -336, also referred to as the “ADA” 28
CFR Part 35. In relation to this Grant, the Grantee must comply with the ADA, which provides comprehensive
civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state
and local government services, and telecommunications.
4. Assignment. Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by
the Grantee without prior written consent of AWC.
5. Assurances. AWC and the Grantee agree that all activity pursuant to this Grant will be in accordance with
all applicable current federal, state and local laws, rules and regulations.
6. Attorney’s Fees. In the event of litigation or other action brought to enforce contract terms, each party
agrees to bear its own attorney’s fees and costs.
7. Budget Revisions. Any monetary amount budgeted by the terms of this Grant for various activities and line
item objects of expenditure, as outlined in Attachment B – Budget & Budget Narrative, may be revised without
prior written approval of AWC, so long as the revision is no more than ten percent (10%) of the original line
item amount and the increase in an amount is offset by a decrease in one or more other amounts equal to
or greater than the increase. All other budget revisions exceeding ten percent (1 0%) shall only be made with
the prior written approval of AWC. Grantee will use the funding change request form provided by AWC to
request these budget revisions.
8. Certification Regarding Wage Violations. The Grantee certifies that within three (3) years prior to the date
of execution of this Grant, Grantee has not been determined by a final and binding citation and notice of
assessment issued by the Washington Department of Labor and Industries or throug h a civil judgment
entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082,
any provision of RCW chapters 49.46, 49.48, or 49.52.
The Grantee further certifies that it will remain in compliance with these requirements during the term of this
Grant. Grantee will immediately notify AWC of any finding of a willful violation entered by the Washington
Department of Labor and Industries or through a civil judgment entered by a court of limited or general
jurisdiction entered during the term of this Grant.
9. Change in Status. In the event of substantive change in the legal status, organizational structure, or fiscal
reporting responsibility of the Grantee, Grantee agrees to notify AWC of the change. Grantee shall provide
notice as soon as practicable, but no later than thirty (30) days after such a change takes effect.
10. Covenant Against Contingent Fees. The Grantee warrants that no person or selling agent has been
employed or retained to solicit or secure this Grant upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, excepting bona fide employees or bona fide es tablished agent
maintained by the Grantee for the purpose of securing business. AWC shall have the right, in the event of
breach of this clause by the Grantee, to annul this Grant without liability or, in its discretion, t o deduct from
the contract price or consideration or recover by other means the full amount of such commission,
percentage, brokerage or contingent fees.
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11. Disputes. In the event that a dispute arises under this Grant, the parties will use their best efforts to amicably
resolve any dispute, including use of alternative dispute resolution options.
12. Duplicate Payment. AWC shall not pay the Grantee, if the Grantee has charged or will charge the State of
Washington or any other party under any other contract or agreement, for the same services or expenses.
13. Entire Agreement. This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to
bind any of the parties hereto.
14. Ethical Conduct. Neither the Grantee nor any employee or agent of the Grantee shall participate in the
performance of any duty or service in whole or part under this Grant in violation of, or in a manner that violates
any provision of the Ethics in Public Service law at Chapter 42.52 RCW, RCW 42.17A.550, RCW 42.17A.555,
and 41.06.250 prohibiting the use of public resources for political purposes.
15. Governing Law and Venue. This Grant shall be construed and interpreted in accordance with the laws of
the State of Washington and the venue of any action brought hereunder shall be in Superior Court for
Thurston County.
16. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless
AWC and all officials, agents, and employees of AWC, from and against all claims for injuries or death arising
out of or resulting from the performance of this Grant. “Claim” as used in this Grant, means any financial
loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily
injury, sickness, disease, or death, or injury to or destruction of tangible property including loss of use
resulting therefrom. Additionally, ‘”claims” shall include but not be limited to, assertions that the use or
transfer of any software, book, document, report, film, tape or sound reproduction or material of any kind ,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or
otherwise results in an unfair trade practice or in unlawful restraint of competition. Grantee’s obligation to
indemnify, defend and hold harmless includes any claim by Grantee’s agents, employees, representatives,
or any subcontractor or its employees.
Grantee expressly agrees to indemnify, defend, and hold harmless AWC for any and all claims, costs,
charges, penalties, demands, losses, liabilities, damages, judgments, or fines out of or incident to Grantee’s
or its agent’s performance or failure to perform the Grant. Grantee’s obligation to indemnify, defend, or hold
harmless AWC shall not be eliminated or reduced by any actual or alleged concurrent negligence by AWC,
or their agents, employees, or officials.
Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold
harmless AWC, and their agents, employees, or officials.
17. Independent Capacity of the Grantee. The parties intend that an independent Grantee relationship will be
created by this Grant. The Grantee and his/her employees or agents performing under this Grant are not
employees or agents of AWC. The Grantee will not hold itself out as nor claim to be an officer or employee
of AWC, nor will the Grantee make any claim or right, privilege, or benefit which would accrue to such
employee under law. Conduct and control of the work will be solely with the Grantee.
18. Licensing and Accreditation Standards. The Grantee shall comply with all applicable local, state, and
federal licensing, accreditation and registration requirements/standards, necessary to the performance of
this Grant.
19. Limitation of Authority. Only AWC or AWC’s delegate by writing (delegation to be made prior to action)
shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or
condition of this Grant. Furthermore, any alteration, amendment, modific ation, or waiver or any clause or
condition of this Grant is not effective or binding unless made in writing and signed by AWC.
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20. Non-Discrimination. The Grantee shall comply with all the federal and state non-discrimination laws,
regulations and policies, which are otherwise applicable to AWC. Accordingly, no person shall, on the ground
of sex, race, creed, religion, color, national origin, marital st atus, families with children, age, veteran or military
status, sexual orientation, gender expression, gender identity, disability, or the use of a trained dog guide or
service animal, be unlawfully excluded from participation in, be de nied the benefits of, or be otherwise
subjected to discrimination under any activity performed by the Grantee and its agents under this Grant. The
Grantee shall notify AWC immediately of any allegations, claims, disputes, or challenges made against it
under non-discrimination laws, regulations, or policies, or under the Americans with Disabilities Act. In the
event of the Grantee’s noncompliance or refusal to comply with this nondiscrimination provision, this Grant
may be rescinded, cancelled or terminate d in whole or part, and the Grantee may be declared ineligible for
further contracts with AWC.
21. Overpayments. Grantee shall refund to AWC the full amount of any overpayment under this Grant within
thirty (30) calendar days of written notice. If Grantee fails to make a prompt refund, AWC may charge Grantee
one percent (1%) per month on the amount due until paid in full.
22. Public Disclosure. Grantee acknowledges that AWC is subject to the Washington State Public Records
Act, Chapter 42.56 RCW, and AWC acknowledges that the Grantee is subject to the Washington State Public
Records Act, Chapter 42.56 RCW, and that this Grant shall be a public record as defined in RCW 42.56.
Any specific information that is claimed by either party to be confidential or proprietary must be clearly
identified as such by that party. To the extent consistent with chapter 42.56 RCW, each party shal l attempt
reasonably to maintain the confidentiality of all such information marked confidential or proprietary. If a
request is made to view such information, the party receiving the public records request will notify the other
party of the request and the date that such records will be released to the requester unless the other party
obtains a court order enjoining that disclosure. If such party fails to obtain the court order enjoining
disclosure, the party receiving the records request will release th e requested information on the date
specified.
23. Publicity. The Grantee agrees to submit to AWC all advertising and publicity matters relating to this Grant
which in the AWC’s judgment, AWC’s name can be implied or is specifically mentioned. The Grantee agrees
not to publish or use such advertising and publicity matters without the prior written consent of AWC.
24. Registration with Department of Revenue. The Grantee shall complete registration with the Department
of Revenue and be responsible for payment of all taxes due on payments made under this Grant.
25. Records Maintenance. The Grantee shall maintain all books, records, documents, data and other evidence
relating to this Grant and performance of the services described herein, including but not limited to accounting
procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature
expended in the performance of this Grant. Grantee shall retain such records for a period of six years following
the date of final payment. At no additional cost, these records, includin g materials generated under the Grant,
shall be subject at all reasonable times to inspection, review or audit by the AWC, personnel duly authorized by
AWC, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or
agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be
retained until all litigation, claims, or audit findings involving the records have been resolved.
26. Right of Inspection. The Grantee shall provide right of access to its facilities utilized under this Grant to
AWC or any of its officers responsible for executing the terms of this Grant at all reasonable times, in order
to monitor and evaluate performance, compliance, and/or quality assurance under this Grant on behalf of
AWC. All inspections and evaluations shall be performed in such a manner that will not unduly interfere with
the Grantee’s business or work hereunder.
27. Severability. The provisions of this Grant are intended to be severable. If any term or provision is illegal or
invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Contract.
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28. Subcontracting. Neither the Grantee nor any agent of the Grantee shall enter into subcontracts for any of
the work contemplated under this Grant without obtaining prior written approval of AWC. Grantee is
responsible to ensure that all terms, conditions, assurances and ce rtifications set forth in this Grant are
included in any and all Subcontracts. In no event shall the existence of the subcontract operate to release or
reduce liability of the Grantee to the AWC for any breach in the performance of the Gra ntee’s duties. This
clause does not include contracts of employment between the Grantee and personnel assigned to work
under this Grant.
If, at any time during the progress of the work, AWC determines in its sole judgment that any agent of the
Grantee is incompetent, AWC shall notify the Grantee, and the Grantee shall take immediate steps to
terminate the agent's involvement in the work. The rejection or approval by AWC of any agent or the
termination of an agent shall not relieve the Grantee of any of its responsibilities under the Grant, nor be the
basis for additional charges to AWC.
29. Taxes. All payments accrued on account of payroll taxes, unemployment contributions, any other taxes,
insurance or other expenses for the Grantee or its staff shall be the sole responsibility of the Grantee.
30. Technology Security Requirements. Grantee must ensure that all data and devices used to carry out
Program follow all applicable state and federal data privacy and protection requirements. Grantee must
ensure that data is properly secured and protected from outside intrusion from parties not association with
the Program.
31. Termination for Convenience. Except as otherwise provided in this Grant, AWC may, by ten (10) days
written notice, beginning on the second day after the mailing, terminate this Grant in whole or in part. The
notice shall specify the date of termination and shall be conclusively deeme d to have been delivered to and
received by the Grantee as of midnight the second day of mailing in the absence of proof of actual delivery
to and receipt by the Grantee. If this Grant is so terminated, AWC shall be liable on ly for payment required
under the terms of the Grant for services rendered or goods delivered prior to the effective date of termination.
32. Termination for Default. In the event AWC determines the Grantee has failed to comply with the conditions
of this Grant in a timely manner, AWC has the right to suspend or terminate this Grant. AWC shall notify the
Grantee in writing of the need to take corrective action. If corrective action is n ot taken within thirty (30) days,
the Grant may be terminated. AWC reserves the right to suspend all or part of the Grant, withhold further
payments, or prohibit the Grantee from incurring additional obligations o f funds during investigation of the
alleged compliance breach and pending corrective action by the Grantee or a decision by AWC to terminate
the Contract. In the event of termination, the Grantee shall be liable for damages as authorized by law
including, but not limited to, any cost difference between the original Grant and the replacement or cover
Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the competitive
bidding, mailing, advertising and staff time. The termination shall be deemed to be a "Termination for
Convenience" if it is determined that the Grantee: (1) was not in default; or (2) failure to perform was outside
of his or her control, fault or negligence. The rights and remedies of the AWC provided in this Grant are not
exclusive and are in addition to any other rights and remedies provided by law.
33. Termination Due to Funding Limitations or Contract Renegotiation, Suspension. In the event funding
from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of
this Grant and prior to normal completion of this Grant, with the notice specified below and without liability
for damages:
a. At AWC’s discretion, AWC may give written notice of intent to renegotiate the Grant under the revised
funding conditions.
b. At AWC’s discretion, AWC may give written notice to Grantee to suspend performance when AWC
determines there is reasonable likelihood that the funding insufficiency may be resolved in a
timeframe that would allow Grantee’s performance to be resumed.
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(1) During the period of suspension of performance, each party will inform the other of any
conditions that may reasonably affect the potential for resumption of performance.
(2) When AWC determines that the funding insufficiency is resolved, it will give the Grantee
written notice to resume performance, and Grantee shall resume performance.
(3) Upon the receipt of notice under b. (2), if Grantee is unable to resume performance of this
Grant or if the Grantee’s proposed resumption date is not acceptable to AWC and an
acceptable date cannot be negotiated, AWC may terminate the Grant by giving writt en notice
to the Grantee. The parties agree that the Grant will be terminated retroactive to the date of
the notice of suspension. AWC shall be liable only for payment in accordance with the terms
of this Grant for services rendered prior to the retroactiv e date of termination.
c. AWC may immediately terminate this Grant by providing written notice to the Grantee. The
termination shall be effective on the date specified in the termination notice. AWC shall be liable only
for payment in accordance with the terms of this Grant for ser vices rendered prior to the effective
date of termination. No penalty shall accrue to AWC in the event the termination option in this section
is exercised.
d. For purposes of this section, “written notice” may include email.
34. Termination Procedure. Upon termination of this Grant the AWC, in addition to other rights provided in this
Grant, may require the Grantee to deliver to AWC any property specifically produced or acquired for the
performance of such part of this Contract as has been terminated. The provisions of the “Treatment of
Assets” clause shall apply in such property transfer.
The AWC shall pay to the Grantee the agreed upon price, if separately stated, for completed work and
services accepted by AWC and the amount agreed upon by the Grantee and AWC for (a) completed work
and services for which no separate price is stated, (b) partially completed work and services, (c) other
property or services which are accepted by AWC, and (d) the protection and preservation of the property,
unless the termination is for default, in which case AWC shall determine the extent of the liability. Failure to
agree with such determination shall be a dispute within the meaning of the “Disputes” clause for this Grant.
The AWC may withhold from any amounts due to the Grantee such sum as AWC determines to be necessary
to protect AWC against potential loss or liability.
The rights and remedies of AWC provided in this section shall not be exclusive and are in addition to any
other rights and remedies provided by law under this Grant.
After receipt of a notice of termination, and except as otherwise directed by the AWC, the Grantee shall:
a. Stop work under this Grant on the date and to the extent specified, in the notice;
b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary
for completion of such portion of the work under the Grant that is not terminated;
c. Assign to AWC, in the manner, at the times, and to the extent directed by the AWC, all rights, title, and
interest of the Grantee under the orders and subcontracts in which case AWC has the right, at its
discretion, to settle or pay any or all claims arisi ng out of the termination of such orders and subcontracts;
d. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts,
with the approval or ratification of AWC to the extent the AWC may require, which approval or ratification
shall be final for all the purposes of this clause;
e. Transfer title to AWC and deliver, in the manner, at the times and to the extent as directed by AWC, any
property which, if the Grant had been completed, would have been required to be furnished to AWC;
f. Complete performance of such part of the work not terminated by AWC; and
g. Take such action as may be necessary, or as AWC may direct, for the protection and preservation of the
property related to this Grant which, in is in the possession of the Grantee and in which AWC has or may
acquire an interest.
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35. Waiver. A failure by either part to exercise its rights under this Grant shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this agreement.
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach.
Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in
writing and signed by personnel authorized to bind each of the parties.
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12
Attachment A
ARTG Application & Scope of Work
PURPOSE
The purpose of this grant is to assist cities with the documented costs to create co-responder
programs within different alternative diversion models including law enforcement assisted
diversion programs, community assistance referral and education programs, and as part of
mobile crisis teams.
CONTRACTOR RESPONSIBILITIES
GRANTEE is required to implement the Alternative Response Team Grant (ARTG) Program as
described in their application for funding, with no unapproved substantive derivations. Requests
for changes to this scope of work, or services laid out in the applicant’s application can be made
to Jacob Ewing, Special Projects Coordinator at jacobe@wacities.org.
This program shall include the following elements as central features of their program:
• Grant recipients must establish a co-responder team using an alternative diversion
model including law enforcement assisted diversion program, community assistance
referral and education program, or a mobile crisis team.
In the event that there is a change in the contract or program management staff paid for by this
grant, it is expected that GRANTEE will notify AWC of the change to include the name and
contact information for the new staff member.
If GRANTEE fails to perform to the standards set forth above, AWC remains able to remedy
noncompliance as outlined in the grant document, including provisions for suspension,
termination and/or recapture of funds already paid to the grantee.
SCOPE OF WORK
The City of Auburn will establish a co -responder program in partnership with Project Be Free
(PBF). The program will respond alongside Auburn first responders during domestic violence
calls with the objective of helping individuals in crisis connect with n eeded services and
resources.
The goals of the program include:
• Reducing repeat domestic violence calls.
• Reducing domestic violence workload for first responders.
• Connecting underserved residents with appropriate support and referrals.
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13
Attachment B
Budget & Budget Narrative
PROGRAM BUDGET
Category Award amount
Staff
Supplies & equipment
Professional services $100,000
Other
Total award amount $100,000
PROGRAM BUDGET NARRATIVE
Professional Services: Grant funds will be used to contract with Project Be Free (PBF) for
salary and benefits for a crisis responder and/or a behavioral health manager. Additionally,
funds may be used to provide clients with services including transportation, housing, food, or
other emergent needs. PBF staff will respond alongside Auburn first responders during
domestic violence calls and will connect individuals in crisis with resources and aid as needed.
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14
Attachment C
Grantee Reporting Requirements
FINAL REPORT
A final program report is due to AWC by July 31, 2026. Programs should make reasonable efforts
to collect and report on the following information :
• Describe program participants including:
o Number of individuals served
o Gender (Male, Female, Nonbinary, etc.) of individuals served
o Age of individuals served
o Veteran status of individuals served
o Substance abuse or mental health issues of individuals served
o Reason for contact
o Outcome of contact (No outcome, referral to services, involuntary transport, etc.)
o Long-term outcome of individual receiving services (No outcome, permanent
housing, shelter, etc.)
• Describe the type of program funded and the geographic area served.
• Explain how the program targeted vulnerable individuals.
• Explain how the program created greater access for vulnerable individuals to available
programs and services.
• Discuss program successes and challenges.
QUARTERLY MEETINGS
AWC will coordinate with grant recipients to schedule check-ins about every three months of the
performance period. The check-ins will either be in-person, phone, or video conference. The
check-ins will provide an opportunity for grantees to share updates, ask questions, and resolve
challenges. Check-ins can be scheduled more frequently as needed.
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15
Attachment D
Grantee Agent(s)
List any Agent(s) that will provide program services in a program funded through the
ARTG Program.
Name of Agent Address
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