HomeMy WebLinkAbout02-25-2013 PLANNING & COMMUNITY DEVELOPMENT COMMITTEE AGENDA
Planning and Community Development
February 25, 2013 - 5:00 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. Minutes - February 11, 2013* (Chamberlain)
III.ACTION
A. Resolution No. 4917* (Webb)
A Resolution of the City Council of the City of Auburn, Washington, Setting a Hearing
Date in Relation to Amending the 2013-2018 Transportation Improvement Program of the
City of Auburn Pursuant to R.C.W. Chapter 35.77
B. Ordinance No. 6457 - Changes to the Animal Control and Licensing Code*
(Hanson)
An Ordinance of the City Council of the City of Auburn, Washington, amending Chapters
6.01 and 6.04 of the Auburn City Code relating to Animal Control and Licensing
IV.DISCUSSION ITEMS
A. Ordinance No. 6456* (Coleman)
Discuss Ordinance No. 6456 amending Ordinance No. 6432, the 2013-2014 Biennial
Budget ordinance, authorizing amendment to the City of Auburn 2013-2014 Budget as set
forth in Schedule "A" and Schedule "B"
B. Resolution No. 4904* (Mund)
A Resolution of the City of Council of the City of Auburn, Washington, Setting a Public
Hearing to Consider a Franchise Agreement with Zayo Group LLC
C. Director's Report (Chamberlain)
D. PCDC Matrix*
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the
City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 1 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes - February 11, 2013
Date:
February 19, 2013
Department:
Planning and Development
Attachments:
February 11, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to approve the minutes of the
February 11, 2013 Planning and Community Development Committee meeting.
Background Summary:
See attached minutes.
Reviewed by Council Committees:
Other: Planning
Councilmember:Backus Staff:Chamberlain
Meeting Date:February 25, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 82
Planning and Community
Development
February 11, 2013 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex
Conference Room No. 2 located on the second floor of One Main
Professional Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair John Holman, and Member Largo
Wales were present. Also present were Mayor Pete Lewis, Planning
and Development Director Kevin Snyder, Planning Manager Elizabeth
Chamberlain; Parks, Arts and Recreation Director Daryl Faber,
Development Services Manager Jeff Tate, Assistant City Attorney
Steve Gross, Principal Planner Jeff Dixon, Storm Drainage Engineer
Tim Carlaw and Planning and Development Secretary Tina Kriss.
Members of the public included: Scott Pondeleck, Michael Pate, John
Sekulich, Jean Lix, Russ Campbell, Thai Phan, Alleu Saug Vaw, Tony
Ton, Thom Stoddert and Peggy Candill.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - January 28, 2013 (Snyder)
Vice-Chair Holman moved and Member Wales seconded to approve
the Planning and Community Development Committee meeting
minutes for January 28, 2013 as written.
Motion Carried Unanimously. 3-0
III. ACTION
A. Ordinance No. 6455 - Impact Fees and System Development Charge
Deferrals for Residential and Non-Residential Development (Tate)
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Development Services Manager Jeff Tate provided the staff report.
Ordinance No. 6455 is an Ordinance of the City Council amending
Sections 13.41.040, 19.02.070, 19.04.040, 19.06.040 and 19.08.030
of the Auburn City Code related to the deferral of payment of impact
fees and system development charges.
Committee is supportive of Ordinance No. 6455.
Vice-Chair Holman moved and Member Wales seconded to
recommend City Council approve Ordinance No. 6455.
Motion Carried Unanimously. 3-0
B. Resolution No. 4905, Interlocal Agreement between King County, King
County Flood District and the City of Auburn (Dixon)
Principal Planner Dixon reviewed Resolution No. 4905, a Request for
Committee to recommend to full City Council approval of Resolution
No. 4905 proposed Interlocal Agreement (ILA) between King County,
King County Flood Control District and the City of Auburn for King
County's Reddington Levee Setback and Extension Project.
Committee and staff reviewed a map depicting the the King County
Reddington Levee's Setback and Extension Project site and various
details of the project.
Committee expressed no concerns with moving forward and
supporting the Interlocal Agreement between King County, King
County's Flood District and the City of Auburn.
There will be no budget impact on this project to the City of Auburn.
Vice-Chair Holman moved and Member Wales seconded to
recommend City Council approve Resolution No. 4905.
Motion Carried Unanimously. 3-0
C. Resolution No. 4900, Declaration as Surplus a Portion of the City's
Stormwater Utility Owned Property (Dixon)
Principal Planner Dixon presented Resolution No. 4900, a Request for
Committee to recommend to full City Council approval of Resolution
No. 4900 declaring certain real property as no longer needed for utility
purposes, declaring a portion of that property as surplus, and
authorizing its disposal to Committee.
Committee and staff reviewed the property to be surplused.
Committee had no other questions and is supportive of Resolution No.
4900. Page 2 of 11
CA.A Page 4 of 82
There is no budget impact on this item.
Member Wales moved and Vice-Chair Holman seconded to
recommend City Council approve Resolution No. 4900.
Motion Carried Unanimously. 3-0
D. Resolution No. 4901, Purchase and Sale Agreement between the City
of Auburn and River Mobile Estates (Dixon)
Principal Planner Dixon explained that Resolution No. 4901 is a
request for Committee to recommend to full City Council approval of
Resolution No. 4901 authorizing the Mayor and City Clerk to execute a
Purchase and Sale Agreement between the City of Auburn and River
Mobile Estate for real property. This action is the third of the six City
actions that are required for the King County Flood Control District's
Reddington Levee Setback and Extension Project planned for 2013.
Committee has previously reviewed the King County Flood Control
District''s Reddington Levee Setback project and is supportive of the
Purchase and Sale Agreement with River Mobile Estates.
In response to questions asked by Committee, Director Snyder
answered the sales price of the property is approximately $595,000.00
for the 5.95 acres of land and an additional $20,000.00 per acre for
any easements. The easements are still in final design. Staff believes
there will be approximately one acre for the easements.
The funds received for the sale of the City-owned property to River
Mobile Estates will be returned to the Storm Enterprise Fund as the
property being sold was originally purchased by the Storm Enterprise
Fund.
Committee is supportive of Resolution No. 4901.
Member Wales moved and Vice-Chair Holman seconded to
recommend City Council approve Resolution No. 4901.
Motion Carried Unanimously. 3-0
IV. DISCUSSION ITEMS
A. Electrical Fence Code Change (Tate)
Discuss potential changes to Chapter 8.12 (Public Nuisances)
pertaining to the allowance of electrically charged fences.
Development Services Manager Jeff Tate introduced Michael Pate of
the Electric Guard Dog Company, who sold and installed the fence,
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and John Sekulich, who is the client from CEVA Logistics.
Manager Tate stated that the City of Auburn has been approached
with a request to re-evaluate the existing language of Chapter 8.12 of
the Auburn City Code which designates electric fences as a public
nuisance (in 1957). Since that time, there have been several
advancements in technology and industry practices that have caused
most jurisdictions to allow electric fences subject to conditions.
In the cities of Renton, Kent, Puyallup and Sumner, electric fences are
allowed. The City of Renton allows electric fences within
certain zoning designations. Kent has specific standards for fencing
and electric fences are not listed as a prohibited fence type. Puyallup
and Sumner allow electric fences outright.
Committee and staff discussed the new technologies, standards and
regulatory oversight associated with electric fences. In response to a
question asked by Committee, Michael Pate reported that animals are
not injured when coming in contact with the fencing because the
fencing is low voltage (12 volts).
Staff has been in contact with Valley Regional Fire Authority (VRFA)
and the feedback provided was that specific standards would need to
address safe access for both fire and police to gain access on the
property. A key code system or certain key system could be used for
access. New code would require specific standards to address these
issues.
In response to the question from Committee, Development Services
Manager Tate recommended looking at the zoning designations and
not embedding this language in with the public nuisance section but
moving it within the land use standards of the Title 18, zoning.
In answer to the question from Committee regarding
permitting, Director Snyder explained that the height may trigger a
building permit and the electrical permit will be taken out by through
Labor and Indistries.
Staff will take a proposed model ordinance before the Planning
Commission before returning to Committee.
B. Shared Student Rental Housing (Snyder)
Discuss ideas and issues pertaining to shared student rental housing
in the residential neighborhoods surrounding Green River Community
College.
Planning and Development Director Kevin Snyder reported the City
recently met with residents of a neighborhood located close to Green
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River Community College to discuss student housing. At the meeting
several concerns were brought forward.
Committee and staff reviewed the current zoning code related to the
renting of rooms. The code does not allow more than two to rent
rooms for lodging purposes. This issue was brought before the
Planning and Community Development Committee in 2011 and the
Committee determined that code changes were not needed at that
time as the code requirements omit the renting of rooms to two
people.
Director Snyder stated that code enforcement is primarily complaint
based and that code compliance staff, in response to submitted
complaints, has responded to three separate cases to address illegal
housing situations due to non-compliance of code. Staff is concerned
that there are a large number of illegal housing situations impact public
health and safety. It is not unreasonable to suspect that residential
conversions have taken place that do not comply with building and fire
codes.
Director Snyder stated that staff is not taking any position on this issue
but believes that any changes in current zoning regulations to legally
offer student rental housing needs to be a coordinated effort between
the neighbors, Green River Community College, and the City to
ensure that all relevant interests are represented and heard. Without
more controls over the conditions in student housing there will be
continued illegal uses of property that are not in compliance that will
impact public health and safety.
Director Snyder provided an example of a program from Hamden,
Connecticut, "A Student Housing Permit Application". The application
(contract) is between the student/tenant and college setting forth code
of conduct and policies the student must adhere to. The students must
sign the document requiring compliance with the policies of the
university if living on or off campus. Staff believes it is a good
approach that provides information about the noise ordinance, zoning
regulations and good-neighbor policy. Housing privileges could be
removed if a student was not in compliance.
Committee and staff discussed this option of using the contract and
assessing fines to the property owner for non-compliance.
Chair Backus opened the floor to public comment.
Russ Campbell – 31606 126th AVE SE, Auburn, Washington.
Mr. Campbell stated Green River Community College was opened as
a commuter school. The college has expanded by adding the
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international program that draws a large number of students needing
housing. The current housing provided by the college is not sufficient
for the need. Converted homes are now being used to house multiple
boarding rooms. Electrical changes and un-permitted additions are
done to increase the rental living capacity to multiple units to make
large amounts of cash. These homes are not safe and are not up to
code and inspected by the City. The value of the neighborhood has
decreased.
Mr. Campbell provided several ads advertising room rental; some
advertised as host families. The college is charging a $300.00
placement fee per student for Homeshare. A member of the GRCC
Advisory Council is renting to four or five students in our
neighborhood.
Jean Lix, 31606 126th AVE SE, Auburn, Washington.
Jean stated she purchased her home in 1983 and was confident that
living near a college would be beneficial. The large number of
boarding homes has negatively impacted the neighborhood.
Hank Galmish, Auburn, Washington.
Mr. Galmish stated he purchased a home near the college when he
began teaching there. At that time, the neighborhood was filled with
children and families and now there are only two families living in the
neighborhood. These renters have become problematic with rats
(poisoned to die on my property), unkept lawns and trash scattered
about. One house in the neighborhood has between six to eight
students living there and the neighbors need to ask them to get rid of
the garbage. Most owners do not reside in the homes and often live a
long distance away so they do not care about the quality of the
neighborhood.
Mr. Galmish likes the idea of the contract and calling individuals to a
“sense of responsibility”. He states if the college is recruiting
thousands of students they have a responsibility to protect the
neighborhoods. The college has students under 18 that are recruited
for the running start program that live off campus and are targeted for
crime.
Committee and staff discussed the student/college contract and
Committee is supportive of a future discussion on this idea to address
parking, property maintenance, garbage and other issues. Committee
is concerned and committed to addressing the issues and making
changes to ensure the public life, health and safety issues are
addressed and the code is followed. Financial penalties can also be
considered. To address the concerns, Committee recommends
making sure both Green River Community College and the
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neighborhoods are included in the discussion and possibly forming an
Ad hoc Committee with stakeholders to gain perspective and work
towards an equitable solution.
Staff will bring this item back to Committee with additional ideas
(including the student contract). Staff will also meet with the Mayor to
discuss forming an Ad hoc Committee and potential stakeholders.
C. Vietnamese Veterans Memorial (Faber)
Vietnamese Veterans Memorial discussion.
Parks, Arts and Recreation Director Daryl Faber explained there has
been preliminary discussion regarding a joint American- Vietnamese
War Memorial proposed to be added to the Veterans Memorial
Park. The American Legion and a Vietnamese group have met with
staff and are proposing the memorial. A small task force that would
involve the Veterans of Foreign Wars (VFW), American Legion,
Intertribal Warriors and the new group of Vietnamese will be
established to work on the design and scope of the project. Director
Faber stated the idea is at a very preliminary stage of planning; staff
looks forward to meeting with the group to see if a consensus on
design and funding can be worked out. Funding will not come from the
City of Auburn.
Tony Ton of the South Vietnamese Armed Forces Association and
Thom Stoddert, a veteran’s freelance writer for a national veteran’s
paper were introduced. Mr. Stoddert explained various groups would
like to build a joint war memorial of both Vietnamese and American
born veterans to thank American born veterans for their participation in
the war and expand it to a joint memorial.
The expected benefit to the City is that the memorial will enhance the
present Veterans Memorial Park It will also enhance the diversity and
unify the Vietnamese population with Auburn. Mr. Stoddert stated as
part of the memorial there would be an education aspect integrated
into the wall to educate others of the sacrifices made by the Veterans
and what they have experienced in the past.
Director Faber stated preliminary design on placement and scale has
begun. There is a meeting scheduled for the last week in February
where all the groups will gather together before returning to the
Committee and Council for future direction.
The Committee stated that the Auburn is a very diverse
community and Council is proud of the efforts to encourage diversity.
This is a chance to celebrate each other’s victories and tragedies as a
community.
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D. Multi-Family Park Impact Fee for Downtown Urban Center and
Economic Development Strategy Areas (Faber)
Discuss potential Park impact fee adjustments for multi-family
development in the Downtown Urban Center and Economic
Development Strategy Areas.
Parks, Arts and Recreation Director Daryl Faber provided a
PowerPoint presentation reviewing the Multi Family and Downtown
rate analysis for the purposes of discussing potential Park Impact fee
adjustments for multi-family developments in the Downtown Urban
Center and potentially the economic development strategy areas.
Committee and staff reviewed the legal requirements under RCW
82.02.050 and RCW82.02.070 for impact fees. Director Faber
reviewed the current fee calculations, $3,500.00 fee per
dwelling. Single family and multi-family are the same rate. The Cities
of Issaquah, Bellingham and Kirkland use a two tiered system.
Olympia has a three tiered system; SF is $4,995.00, MF is $3,366.00
and MF-Downtown is $2,574.00 (a 50% discount for downtown).
Olympia is using the MF-Downtown impact fee to gap fill their vacant
lots by bringing multi-family development downtown.
Director Faber reviewed the parks impact fees for other jurisdictions
and pointed out that the communities with great park systems have the
highest park impact fees.
The idea of having different fees in different areas was discussed.
Staff explained that the City of Vancouver has Transportation Area
Zones (TAZ). Each TAZ has a specific charge based on the need in
the area. Lea Hill may have a higher need than the Valley as an
example. So the fee structure could be set up differently but the
geographical area needs to be defined.
Committee noted that encouraging growth by reducing the impact fees
within the downtown urban center and the economic development
strategy areas is consistent with the Council retreat goals. This could
be another incentive the City offers for develoment. Committee
discussed longer range options such as different rates for the
economic development strategy areas but this requires
comprehensive plan changes.
Committee determined that they would recommend Park Impact Fees
within the urban center now and then hold future discussions on the
economic development strategy areas to develop a long-range plan.
Staff will return with a draft ordinance reflecting the $1,750.00 Park
Impact Fee for the urban center.
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CA.A Page 10 of 82
E. King County Countywide Planning Policies Adoption
(Snyder/Chamberlain)
Review the recently amended King County Countywide Planning
Policies and the ratification process by cities.
The City of Auburn received notification of amendments to the King
County Countywide Planning Policies in late December 2012 for the
City’s consideration and possible ratification (Attachment A). The
Metropolitan King County Council approved the amended Countywide
Planning Policies on December 3, 2012. City staff, represented by the
Planning and Development Director, participates as a member of the
Inter-jurisdictional Staff Team (IJT) that is made up of staff from select
cities and special districts who acts as staff to the Growth
Management Planning Council. The IJT developed and reviewed the
amendments to the Countywide Planning Policies.
Staff has reviewed the transmitted King County Countywide Planning
Policies and finds no outstanding areas of concern.
Committee and staff have reviewed the King County Countywide
Policy and have no concerns with the policy. With no concerns
Committee will take action on this item.
Vice-Chair Holman moved and Member Wales seconded to accept the
King County Countywide Policy and recommending moving forward
with an resolution accepting the King County Countywide Policy to full
Council for approval.
Motion Carried Unanimously. 3-0
Staff will draft the resolution and take this to the Finance Committee
and to City Council on February 19, 2013.
F. Temporary Off-Premise Residential Real Estate Signs (Chamberlain)
Review the information/data requested at the January 14, 2013
Committee meeting by the Committee and discuss possible policy
options.
Planning Manager Elizabeth Chamberlain provided background
information on the Off-Premise Residential Real Estate Signs of the
Auburn City Code that is scheduled to expire on April 22, 2013. At the
January 14, 2013 Committee meeting it was recommended that staff
return with additional information as to the following:
*Number of signs, location of the signs, and application form;
*Information from the builders that utilize the program – quantify the
benefits of the program and any negatives if the ordinance was not
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extended; and,
*Feedback from the HOAs/neighborhood about any concerns,
issues, or perceptions about the real estate signs.
Staff reviewed the information with Committee and reviewed a map
with the real estate sign locations. There are 75 signs with 55 of the
signs registered under Auburn’s program; 20 signs are not currently
registered with the City (staff is working with those builders to bring
them into compliance with the program).
Committee discussed the signs on Auburn property that advertise Kent
developments; signs that advertise developments that have been built
out for years and a solution for the parties that have not registered
their signs. The Committee provided the following comments:
*Advertisements in the Auburn City limits that advertise homes for
other Cities need to be changed to reflect homes in Auburn only. Code
enforcement has been tasked to make sure the signs are changed to
reflect only Auburn projects.
*Developments that have finished build out need to remove their
signs; for example the Cobble Creek sign needs to be removed.
*Signs not registered with the City have two weeks to register. If they
fail to meet that timeline the signs are to be removed and the
developer/builder will not be allowed to install any signs with any future
development in the City of Auburn.
*If the applicant does not place the sign in the designated site listed
in the application, they will not be able to place or apply for future
signs.
Committee is requesting that the ordinance be extended for one more
year.
G. Director's Report
Director Snyder announced his last day working with the City as the
Planning and Development Director will be February 22, 2013 and
thanked the Mayor and Committee for their mentorship and time.
Director Snyder will be filling the position of Community Development
Director for the City of Sedona, Arizona. Committee expressed their
gratitude for the service and leadership provided by Director Snyder.
It is unique to have such an incredible planner who is technically
sharp; able to articulate the ideas with passion and approachability;
and an individual who is a mentor and trainer to others.
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H. PCDC Matrix (Snyder)
Pedestrian kiosks were added to the matrix as requested by the
Committee. Staff also amended the comprehensive plan section to
include the major update and the utility plans.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 7:22
p.m.
DATED THIS __________ DAY OF ______________, 2013.
_______________________ ___________________________
Nancy Backus - Chair Tina Kriss - Planning Secretary
Page 11 of 11
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4917
Date:
February 19, 2013
Department:
Public Works
Attachments:
Memo
Resolution No. 4917
Modified TIP #25
Project Vicinity Maps
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to recommend City Council adopt
Resolution No. 4917.
Background Summary:
The purpose of this Resolution is for the City Council to set a time and date for a public
hearing to amend the 2013-2018 Transportation Improvement Program, to add a new
project for which the City has received grant funding.
Reviewed by Council Committees:
Planning And Community Development, Public Works
Councilmember:Backus Staff:Webb
Meeting Date:February 25, 2013 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 14 of 82
Page 1 of 1
Memorandum
TO: Planning and Community Development Committee, Mayor Lewis
FROM: James Webb, Traffic Engineer
RE: Proposed Modification to the Auburn 2013-2018 Transportation Improvement Program
DATE: February 13, 2013
CC: Kevin Snyder, Dennis Dowdy, Dennis Selle, Ingrid Gaub, Pablo Para
Background
The City of Auburn was recently awarded a grant from the Washington State Department of
Transportation (WSDOT) for $502,275 with no match requirement to install guardrail along several
City streets. This grant was awarded through the 2013 Quick Response Safety Program.
As part of the award, Auburn is required to add the project to the city’s 2013-2018 Transportation
Improvement Program (TIP) and the State Transportation Improvement Program (STIP) in order to be
eligible to obligate the awarded funds. Since this project is not on the current TIP, staff propose the
addition of a new project to satisfy the WSDOT requirement.
Pursuant to RCW 35.77.010 the legislative body of each city is required to prepare and adopt a
comprehensive transportation program for the ensuing six years. The program may at any time be
revised by a majority of the legislative body of a city, but only after conducting a public hearing.
Schedule:
PCDC Action: February 25, 2013
PWC/Council Action on Public Hearing Resolution: March 4, 2013
Public Hearing and Council Action on Adoption Resolution: March 18, 2013
Attached for review are:
Resolution 4917:
TIP Mod Project Sheet TIP#25
Project Map
ACT.A Page 15 of 82
---------------------------
Resolution No. 4917
February 19, 2013
Page 1 of 4
RESOLUTION NO. 4917
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A HEARING DATE IN
RELATION TO AMENDING THE 2013-2018 TRANSPORTATION
IMPROVEMENT PROGRAM OF THE CITY OF AUBURN
PURSUANT TO R.C.W. CHAPTER 35.77
WHEREAS, on February 1, 2013, the City of Auburn was provided
notification by the Washington State Department of Transportation about a
grant award in the amount of $502,275.00 in funds based on an application that
the City submitted on December 26, 2012 for Citywide Guardrail Improvements;
and
WHEREAS, as part of the award, the City is required to add the project
to the 2013-2018 Transportation Improvement Program (TIP) and the
Washington State Transportation Improvement Program (STIP) in order to be
eligible to obligate the awarded funds; and
WHEREAS, RCW 35.77.010 requires that the legislative body of each
City is required to prepare and adopt a Comprehensive Transportation
Improvement Program (TIP) for the ensuing six years. The program may at any
time be revised by a majority of the legislative body of a City, but only after
conducting a public hearing.
ACT.A Page 16 of 82
---------------------------
Resolution No. 4917
February 19, 2013
Page 2 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. PURPOSE. The purpose of this Resolution is for the City
Council to set a time and date for a public hearing to amend the 2013-2018
Transportation Improvement Program, to add a new project for which the City
has received grant funding.
Section 2. NOTICE OF HEARING. The Council hereby directs that a
notice specifying the time and place of the public hearing shall be published one
time in a newspaper of general circulation and the notice shall also be posted in
three public places. Such public notice shall precede the public hearing by at
least 10 days.
Section 3. DATE OF HEARING. Pursuant to the requirements of State
law, a public hearing on said 2013-2018 Transportation Improvement Program
will be held on the 18th of March, 2013, at 7:30 p.m., or as soon thereafter as
reasonably possible, in the Council Chambers of the Auburn City Hall at 25
West Main Street in Auburn, Washington, before the City Council. All persons
interested in said 2013-2018 Transportation Improvement Program may attend
and testify at said hearing.
ACT.A Page 17 of 82
---------------------------
Resolution No. 4917
February 19, 2013
Page 3 of 4
Section 4. AUTHORITY. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directives
of this legislation.
Section 5. EFFECTIVE DATE. This resolution shall be in full force and
effect upon passage and signatures hereon.
DATED and SIGNED this _____ day of March, 2013.
CITY OF AUBURN
_______________________________
PETER B. LEWIS
MAYOR
ATTEST:
________________________
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
ACT.A Page 18 of 82
---------------------------
Resolution No. 4917
February 19, 2013
Page 4 of 4
________________________
Daniel B. Heid,
City Attorney
ACT.A Page 19 of 82
ARTERIAL STREET FUND (102)Capital Facilities Plan
Six Year Capital Facilities Plan, 2013-2018 Special Revenue Fund
Project Title: Citywide Guardrail Improvements TIP # 25
Project No:cp0912
Project Type:Safety (Non-Capacity)
Project Manager:Jacob Sweeting LOS Corridor ID# 36
Budget: 2012YTD Actual20132012 Budget
BudgetExpendituresBudgetBalance
- - - -
- - - -
- - - -
Activity:
(Previous Yrs)2012 YE 2013 Year EndTotal Project
Funding Sources:Prior to 2012Estimate2013 Budget2014 BudgetProject TotalCost
Unrestricted Street Revenue - - 50,000 - 50,000 50,000
Grants (Fed,State,Local)- - 502,275 - 502,275 502,275
REET - - - - - -
Traffic Impact Fees - - - - - -
Other Sources - - - - - -
- - 552,275 - 552,275 552,275
Capital Expenditures:
Design - - 50,000 - 50,000 50,000
Right of Way - - - - - -
Construction - - 502,275 - 502,275 502,275
- - 552,275 - 552,275 552,275
TotalExpenditures
20152016201720182013-2018Beyond 2018
Funding Sources:
Unrestricted Street Revenue - - - - 50,000 -
Grants (Fed,State,Local)- - - - 502,275 -
REET - - - - - -
Traffic Impact Fees - - - - - -
Other Sources - - - - - -
- - - - 552,275 -
Capital Expenditures:
Design - - - - 50,000 -
Right of Way - - - - - -
Construction - - - - 502,275 -
- - - - 552,275 -
Grants / Other Sources:
Total Expenditures:
Budget Amendments
Adjusted Budget
Total Funding Sources:
Total Expenditures:
Forecasted Project Cost:
Total Funding Sources:
Description:
The project will install guardrail along the Green River Road SE, R Street SE/Kersey Way SE, and Mountainview Drive SW corridors.
Progress Summary:
Grant funding for construction was awarded February 1st with no local match requirement. The project will be designed and constructed
during 2013.
Future Impact on Operating Budget:
This project will have no impact on the operating budget for street maintenance.
Adopted Budget
ACT.A Page 20 of 82
ACT.A Page 21 of 82
ACT.A Page 22 of 82
ACT.A Page 23 of 82
ACT.A Page 24 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6457 - Changes to the Animal Control and
Licensing Code
Date:
February 19, 2013
Department:
Planning and Development
Attachments:
Ordinance No. 6457
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee to recommend to full City Council
approval of Ordinance No. 6457.
Background Summary:
The City Council enacted Ordinance No. 6424 on November 19, 2012, adopting different
provisions pertaining to animal control. Section 3 of that Ordinance, adding a new
section 6.04.070 to the Auburn City Code related to animal licenses, erroneously
contained language related to license fees that did not reflect the Council's intent. Also,
Section 246-100-197 of the Washington Administrative Code ("WAC") requires all dogs,
cats, and ferrets to be vaccinated against rabies, and WAC 246-100-070 requires local
jurisdictions to enforce this requirement and additional technical corrections need to be
made to the table of penalties in Section 6.01.201. Also a new Section is being added to
recognize and honor lifetime licenses previoulsy issued by King County.
Reviewed by Council Committees:
Municipal Services, Planning And Community Development Other: Planning, Legal
Councilmember:Backus Staff:Hanson
Meeting Date:February 25, 2013 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 25 of 82
Ordinance No. 6457
2.8.13
Page 1 of 8
ORDINANCE NO. 6457
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTERS 6.01 AND 6.04 OF THE AUBURN CITY
CODE ALL RELATING TO ANIMAL CONTROL AND
LICENSING
WHEREAS, the City enacted Ordinance 6424 on November 19, 2012,
adopting different provisions pertaining to animal control; and,
WHEREAS, Section 3 of that Ordinance, adding a new section 6.04.070
to the Auburn City Code related to animal licenses, erroneously contained
language related to license fees that did not reflect the Council’s intent, as that
intent was reflected in Council Committee discussions; and,
WHEREAS, the City Council wishes to correct this error by amending
Ordinance 6424; and,
WHEREAS, Section 246-100-197 of the Washington Administrative Code
(“W AC”) requires all dogs, cats, and ferrets to be vaccinated against rabies, and
WAC 246-100-070 requires local jurisdictions to enforce this requirement; and,
WHEREAS, additional technical corrections need to be made to the table
of penalties in Section 6.01.201.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That section 6.04.070 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.04.070 Animal licenses.
A. Animal licenses shall be issued by the City and/or its authorized
contractor and may be issued by veterinarians, pet shops, catteries, and kennels
and other approved locations upon application and the payment of a license fee
according to the schedule provided by the resolution of the City Council. They
ACT.B Page 26 of 82
Ordinance No. 6457
2.8.13
Page 2 of 8
shall be subject to the following:
B. Applications for an animal license shall be on forms provided by the
City. Upon application and the payment of a license fee according to the
schedule provided in the City’s fee schedule, animal licenses shall be issued by
the City or approved entities.
C. Any and all fees associated with the licensing of pets shall be
established and may be amended by resolution of the City Council.
D. Animal licenses for dogs and cats shall be valid from January
through December of any given year for a period of one year from the date on in
which the license is issued and shall be renewed annually. subject to the
following provisions:
For a license issued by King County Regional Animal Services prior to January 1,
2013, this license shall be considered by the City to be valid through its
expiration date and no City of Auburn license shall be required until after said
expiration date. The City shall recognize as valid “lifetime” licenses issued by
King County Regional Animal Services prior to January 1, 2013. Existing lifetime
licenses are not transferable to any other pet.
1. For a license issued by King County Regional Animal Services prior
to January 1, 2013 that expires prior to December 31, 2013, the license holder
shall be responsible for applying for a City of Auburn license and paying a pro-
rated fee for the remaining period of 2013.
2. Persons applying for an animal license with the City beginning on
January 1, 2013 that do not have a current a license issued by King County
Regional Animal Services must license their pet with the City subject to its
licensing process and fees.
E. Juvenile licenses may be obtained in lieu of an unaltered animal
license for animals from eight weeks to six months old.
F. A person under the age eighteen years is not eligible to purchase
an animal license.
G. City residents who qualify under the provisions of Chapter 13.24 of
the Auburn City Code may purchase a discounted animal license for their cats or
dogs that are neutered or spayed and that are maintained at the registered
owner's registered address.
H. Disabled residents that meet one or more of the following eligibility
requirements and complete and submit the required City form may purchase a
discounted animal license for their cats or dogs that are neutered or spayed and
that are maintained at the registered owner's registered address:
1. Current King County Metro Regional Reduced Fare Permit.
2. Certification from the Veterans Administration of a disability of at
least 40 percent.
3. Valid Medicare card issued by the Social Security Administration.
4. Valid Regional ADA paratransit card issued by King County Metro
or Pierce Transit or Sound Transit.
5. Obvious physical impairment.
6. Current participation in a vocational career program through the
Washington State Individual Education Program.
ACT.B Page 27 of 82
Ordinance No. 6457
2.8.13
Page 3 of 8
7. Medically disabled as certified by a physician, psychiatrist,
psychologist, physician’s assistant, advanced registered nurse practitioner or
audiologist, licensed in the State of Washington.
Service animals shall be licensed but no license fee shall be required
Section 2. Amendment to City Code. That section 6.04.010 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.04.010 License Required.
It is unlawful for any person to own, keep, or have control of a dog or cat over the
age of 8 weeks, whether confined or not, within the corporate boundaries of the
City without having a current license tag attached to the collar or harness which
is worn by the dog or cat or having been lawfully implanted with a microchip. Any
dog or cat which is off the premises of its owner must have a current license,
regardless of its age. If any dog and/or cat which is required to be licensed is
found without a current license, it may be seized and impounded by the animal
control agency or the law enforcement agency of the City. Additionally, such
seizure and impoundment will not preclude the issuance of a criminal complaint.
Proof of rabies vaccination is required as a condition to obtaining a license.
Section 3. Amendment to City Code. That a new section, 6.04.015,
“Rabies Vaccination Required” of the Auburn City Code be and the same hereby
is adopted to read as follows:
6.04.015 Rabies Vaccination Required.
All dogs, cats, and ferrets over the age of eight (8) weeks shall be vaccinated for
rabies. Provided, that this requirement may waived upon certification from a
licensed veterinarian that the animal, for medical reasons, should not be
vaccinated for rabies.
ACT.B Page 28 of 82
Ordinance No. 6457
2.8.13
Page 4 of 8
Section 4. Amendment to City Code. That section 6.04.020 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.04.020 Display or Evidence of License.
A. Any person in possession of a dog or cat in a public place must, upon
demand from an animal control officer or police officer, display the
animal’s license tag and proof of rabies vaccination, except that a dog or
cat properly implanted with a microchip in accordance with this chapter
need not display a tag, but must allow the officer to scan or read the
microchip. Refusal to display the tag or to allow scanning or reading the
microchip is a violation and the animal may be impounded.
B. Owners that choose to have their dog or cat implanted with a microchip
shall be responsible for licensing their dog or cat with City and shall pay all
required and applicable licensing fees.
C. Any person in possession of a dog or cat on private property that is not
open to the public must, upon demand from an animal control officer or
police officer, provide proof that the animal is licensed in accordance with
this title.
Section 5. Amendment to City Code. That section 6.01.210 of
the Auburn City Code be and the same hereby is amended to read as follows:
6.01.210 Penalties for violation
a. Unless specifically designated in this Title as a gross misdemeanor or
misdemeanor or is specified to be enforced pursuant to other law, including, but
not limited to, other chapters or titles of this Code, any violation of this Title shall
constitute a Class 1 infraction, with a penalty not to exceed $250, not including
statutory assessments. Such penalty is in addition to any other remedies or
penalties specifically provided by law. For each act herein prohibited of a
continuing nature, each day shall be considered a separate offense. For all
ACT.B Page 29 of 82
Ordinance No. 6457
2.8.13
Page 5 of 8
infractions with graduated penalties for subsequent offenses, the offenses are
measured on a “rolling” basis; i.e., within the most recent 12 months.
b. Unless specified otherwise in the Auburn City Code, the penalties for
violation of this Title are:
Code Provision Violation Penalty
6.01.060 Interference with impounding
an animal
Maximum $5,000.00, 364
days (GM)
6.01.130 Duties upon injury or death to
an animal
Maximum $1,000.00, 90
days (M)
6.01.140 Cruelty to Animals (adopting
RCW 16.52)
Max. $5,000.00, 364 days
(GM)
6.01.150 Crimes related to Animals
(adopting RCW 9.08)
Mandatory $500.00 fine
(GM)
6.01.160 Interfering with dog guide or
service animal (adopting RCW
9.91.170)
Maximum $5,000.00, 364
days (GM)
6.01.170 Interfering with search and
rescue dog (adopting RCW
9.91.175)
Maximum $5,000.00, 364
days (GM)
6.01.180 Unlawful Traps (adopting RCW
77.15.194, 77.15.196)
Maximum $5,000.00, 364
days (GM)
6.01.200 Poisoning Animals (adopting
RCW 16.52.190)
Maximum $5,000.00, 364
days (GM)
6.02.010(A) Animal at Large 1st offense $50.00
2nd offense $100.00
3rd offense $200.00
4th and subsequent offense
$250.00 (I)1
6.02.020 Failure to confine dog or cat in
heat
1st offense $50.00
2nd offense $100.00
3rd offense $200.00
4th and subsequent offense
$250.00 (I)
6.02.030 Possession of a Rooster 1st offense $50.00
2nd offense $100.00
3rd offense $200.00
4th and subsequent offense
$250.00 (I)
6.02.040 Dog off-leash 1st offense $50.00
1 For all infractions with graduated penalties, the offenses are measured on a “rolling” basis; i.e.,
within the most recent 12 months.
ACT.B Page 30 of 82
Ordinance No. 6457
2.8.13
Page 6 of 8
Code Provision Violation Penalty
2nd offense $100.00
3rd offense $200.00
4th and subsequent offense
$250.00 (I)
6.02.050 Dog chasing vehicle on public
road
1st offense $50.00
2nd offense $100.00
3rd offense $200.00
4th and subsequent offense
$250.00 (I)
6.02.080 Dog jumping or threatening
pedestrian
1st offense $50.00
2nd offense $100.00
3rd offense $200.00
4th and subsequent offense
$250.00 (I)
6.02.090 Animal injuring human,
domestic animal, or livestock
Maximum $1,000.00, 90
days (M)
$250.00 (GM)
6.02.100 Directing dog to attack or
harass
Maximum $5,000.00, 364
days (GM)
6.02.110 Directing dog to attack or
harass public officer
Maximum $5,000.00, 364
days
Minimum of $500.00, 5
days in jail (GM)
6.02.120 Use of dog in illegal activity $500.00 (GM)
6.02.130 Animal injuring private and
public property
If value of damage to the
property is less than $750,
the penalty shall be up to
$250.00 (I)
If value of the damage to
the property is equal to or
greater than $750, the
Maximum penalty shall be
$1,000.00, and 90 days
(M)
6.02.132(A) Failure to remove animal
waste.
$25.00 (I)
6.02.132(B) Failure to posses equipment to
remove animal waste
$25.00 (I)
6.02.140 Animal Noise 2 $50.00 (I)
6.02.150 Unlicensed transfer of animals
in public place
$50.00 (I)
2 Note: This is also a violation of 8.28.010(C). However, the penalties for that are civil fines that
must be imposed as part of code enforcement.
ACT.B Page 31 of 82
Ordinance No. 6457
2.8.13
Page 7 of 8
Code Provision Violation Penalty
6.04.010 Failure to license dog or cat $50.00 (I)
6.04.020(A) Failure to display license or
allow to scan for microchip
$50.00 (I)
6.04.020(B) Failure to provide proof of
licensing
$50.00 (I)
6.04.040 Violation of maximum number
of dogs/cats 3
$50.00 (I)
6.04.060 Sale or gift of unaltered pet in
public
$50.00 (I)
6.04.090 Sale or transfer of unlicensed
pet
$50.00 (I)
6.04.130 Insufficient check/stop payment
for check used to purchase
license
$50.00 (I)
6.04.015 Failure to get rabies
vaccination
$50.00 (I)
6.04.170(A) Transfer of puppies of dog not
licensed as unaltered
$50.00 (I)
6.04.170(B) Transfer of kittens of cat not
licensed as unaltered
$50.00 (I)
6.04.170(D) Failure to list license number
on advertisement
$50.00 (I)
Section 6. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 7. 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 thereof to any person or circumstance shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons
or circumstances.
3 Note: This is also a violation of ACC 18.31.230, and may be processed by Code Enforcement
ACT.B Page 32 of 82
Ordinance No. 6457
2.8.13
Page 8 of 8
Section 8. 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: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
ACT.B Page 33 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6456
Date:
February 14, 2013
Department:
Finance
Attachments:
Memo
Ordinance No. 6456
Schedule A
Schedule B
Budget Impact:
$18,475,875.16
Administrative Recommendation:
Discussion only.
Background Summary:
Ordinance No. 6456 (Budget Amendment #1) amends the 2013-2014 Adopted Budget
as presented in the attached transmittal memorandum and supporting attachments.
Reviewed by Council Committees:
Finance, Planning And Community Development, Public Works
Councilmember:Partridge Staff:Coleman
Meeting Date:February 25, 2013 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 34 of 82
Interoffice Memorandum
To: City Council
From: Shelley Coleman, Finance Director
CC: Pete Lewis, Mayor
Date: February 12, 2013
Re: Ordinance #6456 – 2013-2014 Budget Amendment #1
This amendment is the first budget amendment for the 2013-2014 biennium. Proposed amendments to the
2013 budget are as follows:
Carryforward of unspent capital project spending authority from 2012.
This amendment enables the completion of various capital projects in 2013 by carrying forward
unspent project resources at the end of 2012. Significant projects requested to be carried forward
include:
- General Fund: Human Services and Community Service projects
- Arterial Street Fund: M Street Underpass; Citywide Guardrail Improvements; Auburn Way South
Fir to Hemlock roadway improvements
- Local Street Fund: Citywide local street pavement reconstruction projects
- Arterial Street Preservation Fund: Citywide pavement patching and chip sealing
- Municipal Park Construction Fund: Lea Hill Park Improvements; Fenster Levee Setback
- General Capital Construction Fund: City Hall Remodel and HVAC Upgrade
- Local Revitalization Fund: City Hall Plaza and Downtown Pedestrian Lighting and Kiosks
- Water Utility: Well 1 Improvements, Auburn Way S. Dogwood to Fir
- Sewer Utility: Sewer Pump Station Improvements, SCADA Improvements
- Stormwater Utility: Auburn Way South Flooding
- Innovation and Technology Fund: Citywide technology system maintenance and upgrades
Salary and Benefit Adjustments – Nonaffiliated employees.
This amendment allocates funds to reflect revised salaries and benefits consistent with Council
approved adjustments. These include termination of the 40-hour furlough policy and 2013 cost-of-living
adjustments. The cost of this amendment is approximately $400,000 in the General Fund and
$200,000 in all other funds. Funding will be from available ending 2012 fund resources.
Establish Sewer Metro Wastewater Fund
This amendment moves $14.0 million in budgeted Metro wastewater revenues and expenses from the
Sewer Fund to the Sewer Metro Wastewater Fund. By separately accounting for Metro wastewater
revenues and expenses, it will provide greater visibility and accountability to the management of
payments to King County.
DI.A Page 35 of 82
Staffing and Contract Labor Increases.
This amendment also includes the following requested adjustments to FTEs:
- Economic Development Planner: Authorizes a new 1.0FTE Economic Development Planner to
support citywide economic development efforts. The function of this position has historically been
provided under contract. Funding for this request ($118,600) will be from the General Fund.
- Emergency Management: Increases Office Assistant from .6FTE to 1.0FTE to support emergency
management workload. The cost of this position ($51,000) will be fund 30% by the General Fund
with the remaining 70% funded by the water, sewer, and stormwater funds. Future grant funding
may be available to offset the cost of this position.
- Museum Contract Labor: Authorizes funding for continued contract funding of a Museum Curator
of Collections to provide educational outreach and public program support. Funding for this
request ($48,000) will be from the General Fund.
Revenue Adjustments.
- Sales Taxes: This amendment adjusts 2013 estimated sales taxes upward to $13,169,556 (vs
budget of $12,755,116) recognizing the higher than expected 2012 collections of $13,039,174.
Local and regional sales tax activity continues to improve with the regional/national economies.
- Probation: Under the City’s court contract with King County District Court, probation revenues are
received and retained by the County. This amendment eliminates $202,005 in budgeted probation
revenues consistent with the court contract.
The following table summarizes the current and revised budget as a result of this amendment.
Table 1: 2013 Budget as Amended
2013 Approved Budget $ 226,354,994.00
Budget Amendment #1 (Ord #6456) 18,475,875.16
Budget as Amended $ 244,830,869.16
Attachments:
1. Proposed Ordinance #6456 (budget adjustment #1)
2. Summary of proposed 2013 budget adjustments by fund and department (Schedule A)
3. Summary of approved changes to adopted 2013 budget by fund (Schedule B)
DI.A Page 36 of 82
-------------------------
Ordinance No. 6456
February 12, 2013
Page 1 of 3
ORDINANCE NO. 6456
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6432, THE 2013-2014 BIENNIAL BUDGET ORDINANCE,
AUTHORIZING AMENDMENT TO THE CITY OF AUBURN
2013-2014 BUDGET AS SET FORTH IN SCHEDULE “A” AND
SCHEDULE “B”
WHEREAS, the Auburn City Council at its regular meeting of December 3,
2012, adopted Ordinance No. 6432 which adopted the City of Auburn 2013-2014
Biennial budget; and
WHEREAS, the City of Auburn deems it necessary to appropriate additional
funds to the various funds of the 2013 budget as outlined in this Ordinance (BA#1);
and
WHEREAS, this Ordinance has been approved by one more than the
majority of all councilpersons in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2013-2014 Biennial Budget. The 2013-
2014 Biennial Budget of the City of Auburn is amended pursuant to Chapter 35A.34
RCW, to reflect the revenues and expenditures as shown on Schedule “A” attached
hereto and incorporated herein by reference. The Mayor of the City of Auburn,
Washington is hereby authorized to utilize revenue and expenditure amounts
shown on said Schedule “A” and Schedule “B”. A copy of said Schedule “A” and
Schedule “B” is on file with the City Clerk and available for public inspection.
DI.A Page 37 of 82
-------------------------
Ordinance No. 6456
February 12, 2013
Page 2 of 3
Section 2. Severability. If any provision of this Ordinance or the
application thereof to any person or circumstance is held to be invalid, the
remainder of such code, ordinance or regulation or the application thereof to other
person or circumstance shall not be affected.
Section 3. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication as provided
by law.
DI.A Page 38 of 82
-------------------------
Ordinance No. 6456
February 12, 2013
Page 3 of 3
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
PETER B. LEWIS, MAYOR
ATTEST:
____________________________
Danielle E. Daskam
City Clerk
APPROVED AS TO FORM:
____________________________
Daniel B. Heid
City Attorney
PUBLISHED:__________________
DI.A Page 39 of 82
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3
DI.A Page 42 of 82
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Ending Fund Balance
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4
DI.A Page 43 of 82
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DI.A Page 47 of 82
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DI.A Page 48 of 82
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m
a
r
y
o
f
2
0
1
3
B
u
d
g
e
t
A
d
j
u
s
t
m
e
n
t
s
b
y
F
u
n
d
Bu
d
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A
m
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d
m
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t
#
1
O
r
d
i
n
a
n
c
e
6
4
5
6
Go
l
f
C
o
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e
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u
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d
(
#
4
3
7
)
Be
g
.
F
u
n
d
B
a
l
a
n
c
e
20
1
3
Re
v
e
n
u
e
s
2
0
1
3
E
x
p
e
n
d
i
t
u
r
e
s
Ending Fund Balance
20
1
3
A
d
o
p
t
e
d
B
u
d
g
e
t
10
5
,
9
8
4
.
0
0
1,
5
0
5
,
6
8
0
.
0
0
1,
5
2
0
,
5
3
0
.
0
0
91,134.00
BA
#
1
(
P
r
o
p
o
s
e
d
O
r
d
i
n
a
n
c
e
#
6
4
5
6
)
No
n
-
A
f
f
i
l
i
a
t
e
d
F
u
r
l
o
u
g
h
a
n
d
C
O
L
A
A
d
j
u
s
t
m
e
n
t
0.
0
0
0.
0
0
5,
4
2
6
.
8
8
-5,426.88
BA
#
1
T
o
t
a
l
0.
0
0
0.
0
0
5,
4
2
6
.
8
8
-5,426.88
20
1
3
R
e
v
i
s
e
d
B
u
d
g
e
t
10
5
,
9
8
4
.
0
0
1,
5
0
5
,
6
8
0
.
0
0
1,
5
2
5
,
9
5
6
.
8
8
85,707.12
To
t
a
l
R
e
s
o
u
r
c
e
s
/
E
x
p
e
n
d
i
t
u
r
e
s
1,
6
1
1
,
6
6
4
.
0
0
1,611,664.00
Fa
c
i
l
i
t
i
e
s
F
u
n
d
(
#
5
0
5
)
Be
g
.
F
u
n
d
B
a
l
a
n
c
e
20
1
3
Re
v
e
n
u
e
s
2
0
1
3
E
x
p
e
n
d
i
t
u
r
e
s
Ending Fund Balance
20
1
3
A
d
o
p
t
e
d
B
u
d
g
e
t
97
3
,
1
4
9
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0
0
3,
5
9
0
,
1
0
0
.
0
0
3,
5
9
1
,
2
4
6
.
0
0
972,003.00
BA
#
1
(
P
r
o
p
o
s
e
d
O
r
d
i
n
a
n
c
e
#
6
4
5
6
)
No
n
-
A
f
f
i
l
i
a
t
e
d
F
u
r
l
o
u
g
h
a
n
d
C
O
L
A
A
d
j
u
s
t
m
e
n
t
0.
0
0
0.
0
0
12
,
0
9
2
.
2
8
-12,092.28
Ca
r
r
y
f
o
r
w
a
r
d
p
r
o
j
e
c
t
s
:
Ci
t
y
H
a
l
l
H
V
A
C
e
q
u
i
p
m
e
n
t
(
t
r
a
n
s
f
e
r
t
o
F
3
2
8
)
10
9
,
7
3
4
.
0
0
0.
0
0
10
9
,
7
3
4
.
0
0
0.00
Ci
t
y
H
a
l
l
H
V
A
C
u
p
g
r
a
d
e
s
(
O
&
M
e
x
p
e
n
s
e
)
8,
2
0
0
.
0
0
0.
0
0
8,
2
0
0
.
0
0
0.00
Ju
s
t
i
c
e
C
e
n
t
e
r
H
V
A
C
u
p
g
r
a
d
e
s
(
O
&
M
e
x
p
e
n
s
e
)
2,
7
4
0
.
0
0
0.
0
0
2,
7
4
0
.
0
0
0.00
Te
c
h
n
i
c
a
l
a
d
j
:
S
t
r
a
t
f
o
r
d
l
o
t
p
a
r
k
i
n
g
c
o
s
t
s
0.
0
0
0.
0
0
12
,
0
0
0
.
0
0
-12,000.00
Te
c
h
n
i
c
a
l
a
d
j
:
S
o
u
n
d
T
r
a
n
s
i
t
g
a
r
a
g
e
s
e
c
u
r
i
t
y
0.
0
0
0.
0
0
10
,
0
0
0
.
0
0
-10,000.00
BA
#
1
T
o
t
a
l
12
0
,
6
7
4
.
0
0
0.
0
0
15
4
,
7
6
6
.
2
8
-34,092.28
20
1
3
R
e
v
i
s
e
d
B
u
d
g
e
t
1,
0
9
3
,
8
2
3
.
0
0
3,
5
9
0
,
1
0
0
.
0
0
3,
7
4
6
,
0
1
2
.
2
8
937,910.72
To
t
a
l
R
e
s
o
u
r
c
e
s
/
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x
p
e
n
d
i
t
u
r
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s
4,
6
8
3
,
9
2
3
.
0
0
4,683,923.00
10
DI.A Page 49 of 82
Sc
h
e
d
u
l
e
A
Su
m
m
a
r
y
o
f
2
0
1
3
B
u
d
g
e
t
A
d
j
u
s
t
m
e
n
t
s
b
y
F
u
n
d
Bu
d
g
e
t
A
m
e
n
d
m
e
n
t
#
1
O
r
d
i
n
a
n
c
e
6
4
5
6
In
n
o
v
a
t
i
o
n
a
n
d
T
e
c
h
n
o
l
o
g
y
F
u
n
d
(
#
5
1
8
)
Be
g
.
F
u
n
d
B
a
l
a
n
c
e
20
1
3
Re
v
e
n
u
e
s
2
0
1
3
E
x
p
e
n
d
i
t
u
r
e
s
Ending Fund Balance
20
1
3
A
d
o
p
t
e
d
B
u
d
g
e
t
2,
0
3
8
,
3
6
7
.
0
0
5,
1
9
9
,
6
1
4
.
0
0
5,
3
1
6
,
4
1
1
.
0
0
1,921,570.00
BA
#
1
(
P
r
o
p
o
s
e
d
O
r
d
i
n
a
n
c
e
#
6
4
5
6
)
No
n
-
A
f
f
i
l
i
a
t
e
d
F
u
r
l
o
u
g
h
a
n
d
C
O
L
A
A
d
j
u
s
t
m
e
n
t
0.
0
0
0.
0
0
61
,
3
5
8
.
6
6
-61,358.66
Ca
r
r
y
f
o
r
w
a
r
d
p
r
o
j
e
c
t
s
:
Ci
t
y
H
a
l
l
C
o
u
n
c
i
l
c
h
a
m
b
e
r
s
A
u
d
i
o
/
V
i
s
u
a
l
24
0
,
0
0
0
.
0
0
0.
0
0
24
0
,
0
0
0
.
0
0
0.00
El
e
c
t
r
o
n
i
c
P
l
a
n
R
e
v
i
e
w
P
r
o
g
r
a
m
80
,
0
0
0
.
0
0
0.
0
0
80
,
0
0
0
.
0
0
0.00
Sp
r
i
n
g
b
r
o
o
k
U
p
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r
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d
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t
o
v
7
65
,
0
0
0
.
0
0
0.
0
0
65
,
0
0
0
.
0
0
0.00
Sp
i
l
l
m
a
n
S
u
p
e
r
f
o
r
m
s
50
,
0
0
0
.
0
0
0.
0
0
50
,
0
0
0
.
0
0
0.00
Ir
r
i
g
a
t
i
o
n
C
e
n
t
r
a
l
C
o
m
p
u
t
e
r
38
,
0
0
0
.
0
0
0.
0
0
38
,
0
0
0
.
0
0
0.00
Re
c
o
r
d
s
M
a
n
a
g
e
m
e
n
t
34
,
0
0
0
.
0
0
0.
0
0
34
,
0
0
0
.
0
0
0.00
CR
W
u
p
g
r
a
d
e
30
,
0
0
0
.
0
0
0.
0
0
30
,
0
0
0
.
0
0
0.00
In
f
r
a
s
t
r
u
c
t
u
r
e
I
n
s
t
a
l
l
s
30
,
0
0
0
.
0
0
0.
0
0
30
,
0
0
0
.
0
0
0.00
Te
l
e
s
t
a
f
f
S
y
b
a
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o
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12
,
8
0
0
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0
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0
12
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8
0
0
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0
0
0.00
Ca
r
t
e
g
r
a
p
h
S
o
f
t
w
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E
n
h
a
n
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e
m
e
n
t
s
7,
5
0
0
.
0
0
0.
0
0
7,
5
0
0
.
0
0
0.00
On
l
i
n
e
T
i
m
e
k
e
e
p
i
n
g
/
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O
P
S
1,
8
0
0
.
0
0
0.
0
0
1,
8
0
0
.
0
0
0.00
BA
#
1
T
o
t
a
l
58
9
,
1
0
0
.
0
0
0.
0
0
65
0
,
4
5
8
.
6
6
-61,358.66
20
1
3
R
e
v
i
s
e
d
B
u
d
g
e
t
2,
6
2
7
,
4
6
7
.
0
0
5,
1
9
9
,
6
1
4
.
0
0
5,
9
6
6
,
8
6
9
.
6
6
1,860,211.34
To
t
a
l
R
e
s
o
u
r
c
e
s
/
E
x
p
e
n
d
i
t
u
r
e
s
7,
8
2
7
,
0
8
1
.
0
0
7,827,081.00
Eq
u
i
p
m
e
n
t
R
e
n
t
a
l
F
u
n
d
(
#
5
5
0
)
Be
g
.
F
u
n
d
B
a
l
a
n
c
e
20
1
3
Re
v
e
n
u
e
s
2
0
1
3
E
x
p
e
n
d
i
t
u
r
e
s
Ending Fund Balance
20
1
3
A
d
o
p
t
e
d
B
u
d
g
e
t
4,
5
1
1
,
3
0
4
.
0
0
3,
1
1
3
,
4
5
0
.
0
0
4,
3
8
9
,
6
6
4
.
0
0
3,235,090.00
BA
#
1
(
P
r
o
p
o
s
e
d
O
r
d
i
n
a
n
c
e
#
6
4
5
6
)
No
n
-
A
f
f
i
l
i
a
t
e
d
F
u
r
l
o
u
g
h
a
n
d
C
O
L
A
A
d
j
u
s
t
m
e
n
t
0.
0
0
0.
0
0
9,
3
7
5
.
6
6
-9,375.66
BA
#
1
T
o
t
a
l
0.
0
0
0.
0
0
9,
3
7
5
.
6
6
-9,375.66
20
1
3
R
e
v
i
s
e
d
B
u
d
g
e
t
4,
5
1
1
,
3
0
4
.
0
0
3,
1
1
3
,
4
5
0
.
0
0
4,
3
9
9
,
0
3
9
.
6
6
3,225,714.34
To
t
a
l
R
e
s
o
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r
c
e
s
/
E
x
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n
d
i
t
u
r
e
s
7,
6
2
4
,
7
5
4
.
0
0
7,624,754.00
11
DI.A Page 50 of 82
Sc
h
e
d
u
l
e
A
Su
m
m
a
r
y
o
f
2
0
1
3
B
u
d
g
e
t
A
d
j
u
s
t
m
e
n
t
s
b
y
F
u
n
d
Bu
d
g
e
t
A
m
e
n
d
m
e
n
t
#
1
O
r
d
i
n
a
n
c
e
6
4
5
6
Fi
r
e
P
e
n
s
i
o
n
F
u
n
d
(
#
6
1
1
)
Be
g
.
F
u
n
d
B
a
l
a
n
c
e
20
1
3
Re
v
e
n
u
e
s
2
0
1
3
E
x
p
e
n
d
i
t
u
r
e
s
Ending Fund Balance
20
1
3
A
d
o
p
t
e
d
B
u
d
g
e
t
2,
5
9
0
,
2
8
5
.
0
0
73
,
0
0
0
.
0
0
18
0
,
4
9
9
.
0
0
2,482,786.00
BA
#
1
(
P
r
o
p
o
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e
d
O
r
d
i
n
a
n
c
e
#
6
4
5
6
)
No
n
-
A
f
f
i
l
i
a
t
e
d
F
u
r
l
o
u
g
h
a
n
d
C
O
L
A
A
d
j
u
s
t
m
e
n
t
0.
0
0
0.
0
0
38
5
.
7
5
-385.75
BA
#
1
T
o
t
a
l
0.
0
0
0.
0
0
38
5
.
7
5
-385.75
20
1
3
R
e
v
i
s
e
d
B
u
d
g
e
t
2,
5
9
0
,
2
8
5
.
0
0
73
,
0
0
0
.
0
0
18
0
,
8
8
4
.
7
5
2,482,400.25
To
t
a
l
R
e
s
o
u
r
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e
s
/
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x
p
e
n
d
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t
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r
e
s
2,
6
6
3
,
2
8
5
.
0
0
2,663,285.00
Ce
m
e
t
e
r
y
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n
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o
w
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e
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u
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d
(
#
7
0
1
)
Be
g
.
F
u
n
d
B
a
l
a
n
c
e
20
1
3
Re
v
e
n
u
e
s
2
0
1
3
E
x
p
e
n
d
i
t
u
r
e
s
Ending Fund Balance
20
1
3
A
d
o
p
t
e
d
B
u
d
g
e
t
1,
4
9
9
,
2
2
0
.
0
0
13
7
,
2
5
1
.
0
0
1,
5
4
7
,
2
2
0
.
0
0
89,251.00
BA
#
1
(
P
r
o
p
o
s
e
d
O
r
d
i
n
a
n
c
e
#
6
4
5
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DI.A Page 53 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4904
Date:
February 13, 2013
Department:
Public Works
Attachments:
Resolution No. 4904
Draft Ordinance No. 6452
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Initial Build Out Map
Budget Impact:
$0
Administrative Recommendation:
Discussion Only.
Background Summary:
Resolution No. 4904 sets the date of the public hearing for Franchise Agreement No. 12-
41 for Zayo Group L.L.C. for March 18, 2013 at 7:30 pm in Council Chambers.
Franchise Agreement No. 12-41, Draft Ordinance No. 6452 is attached as back up
documentation for Resolution No. 4904. Per Auburn City Code Chapter 20.06.010, a
franchise shall be required of any commercial utility or telecommunications operator or
carrier or other person who desires to occupy public ways of the city and to provide
telecommunications or commercial utility services to any person or area in the city.
Zayo Group L.L.C. has applied for a Franchise Agreement to be able to construct within
the City's rights of way a fiber optic telecommunications network. These facilities would
be part of a larger network of infrastructure that Zayo is building throughout the Puget
Sound region The company's primary customers are other telecommunications
companies, large enterprise class companies, government agencies and other large to
mid-size organizations who require communications and data services. Zayo does not
provide direct, retail services to end user consumers, but instead provides wholesale
services to existing retail telephone companies that enable them to offer end user
services.
The initial proposed build-out includes underground installations by directional boring
and overhead installations on existing utility poles. The proposed franchise area is all
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 54 of 82
rights of way in the City, with the initial build-out to be located in portions of the right of
way of S 277th Street, D Street NE, Auburn Way North, 37th Street NE/NW and I Street
NW. The applicant is requesting the entire City as the proposed franchise area so that
future expansion of their facilities may be accommodated without having to amend the
agreement for each installation. Future installation of facilities is done on a demand basis
when there is specific order from their customers that desire to connect to their network
under long term service contracts. By installing on a demand basis rather than a
speculative basis they avoid unnecessary installations, disruptions, permits and cost for
anticipated future use that may not materialize. Exact locations, plans, engineering and
construction schedules would be reviewed, approved and managed through the City's
permitting processes that are a requirement of the Franchise Agreement.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal
Councilmember:Backus Staff:Mund
Meeting Date:February 25, 2013 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 55 of 82
----------------------------
Resolution No. 4904
Franchise Agreement No. 12-41
January 29, 2013
Page 1 of 2
RESOLUTION NO. 4904
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER A FRANCHISE AGREEMENT WITH ZAYO
GROUP L.L.C.
WHEREAS, Zayo Group L.L.C. has applied to the City for a non-exclusive
Franchise Agreement for the right of entry, use, and occupation of certain public rights-of-
way within the City of Auburn, expressly to install, construct, erect, operate, maintain,
repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-of-
way; and
WHEREAS, the Public Works Committee of the Auburn City Council has reviewed
Zayo Goup’s application materials, and, pursuant to ACC 20.06.040, the Public Works
Committee has recommended to the City Council that it schedule a public hearing on the
application; and
WHEREAS, the City Council agrees with the recommendation of the Public Works
Committee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the application by Zayo Group L.L.C. for a
Franchise Agreement with the City of Auburn is hereby set for 7:30 p.m. on the 18th day of
March, 2013, at the City Council Chambers at 25 West Main Street, Auburn, Washington,
98001, with all persons wishing to speak to the application at the public hearing being
DI.B Page 56 of 82
----------------------------
Resolution No. 4904
Franchise Agreement No. 12-41
January 29, 2013
Page 2 of 2
invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of , 2013.
CITY OF AUBURN
______________________________________
PETER B. LEWIS
Mayor
Attest:
___________________________________
Danielle E. Daskam, City Clerk
Approved as to Form:
_____________________________
Daniel B. Heid, City Attorney
DI.B Page 57 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 1 of 15
ORDINANCE NO. 6452
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
ZAYO GROUP, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, A FRANCHISE FOR A
TELECOMMUNICATIONS SYSTEM.
WHEREAS, Zayo Group, LLC, (“Grantee”) has applied to the City of
Auburn (“City”) for a non-exclusive Franchise for the right of entry, use, and
occupation of certain public right(s)-of-way within the City, expressly to install,
construct, erect, operate, maintain, repair, relocate and remove its facilities in,
on, over, under, along and/or across those right(s)-of-way; and
WHEREAS, following proper notice, the City Council held a public hearing
on Grantee’s request for a Franchise, at which time representatives of Grantee
and interested citizens were heard in a full public proceeding affording
opportunity for comment by any and all persons desiring to be heard; and
WHEREAS, from 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 and its inhabitants that the franchise be granted to Grantee,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated herein, the City grants to
the Grantee general permission to enter, use, and occupy the right(s)-of-way
and/or other public property specified in Exhibit “A,” attached hereto and
incorporated by reference (the “Franchise Area”).
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate and repair the types of facilities specified in Exhibit
“B,” attached hereto and incorporated by reference, and all necessary
appurtenances thereto, (“Grantee Facilities”) for provision of those services set
forth in Exhibit “C” (“Grantee Services”) in, along, under and across the
Franchise Area.
DI.B Page 58 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 2 of 15
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Grantee Services, and
it extends no rights or privilege relative to any facilities or services of any type,
including Grantee Facilities and Grantee 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 Franchises, impacting the Franchise
Area, unless the City determines that entering into such agreements interferes
with Grantee’s right set forth herein.
E. Except as explicitly set forth herein, this Franchise does not waive
any rights that the City has or may hereafter acquire with respect to the
Franchise Area or any other City roads, rights-of-way, property, or any portions
thereof. This Franchise shall be subject to the power of eminent domain, and in
any proceeding under eminent domain, the Grantee 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 right-of-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 Grantee Facilities, the City shall reserve an easement for public
utilities within that vacated portion, pursuant to RCW 35.79.030, within which the
Grantee may continue to operate any existing Grantee Facilities under the terms
of this Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by certified mail to the
following addresses, unless a different address shall be designated in writing and
delivered to the other party.
City: Engineering Aide, Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
DI.B Page 59 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 3 of 15
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Grantee:
Zayo Group, LLC
Attn. General Counsel, ZFTI
400 Centennial Parkway, Suite 200
Louisville, CO 80027
B. Any changes to the above-stated Grantee information shall be sent
to the City’s Engineering Aide, with copies to the City Clerk, referencing the title
of this agreement.
C. The above-stated Grantee voice and fax telephone numbers shall
be staffed at least during normal business hours, Pacific time zone.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the date
of execution specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise
for an additional five (5) year period upon submission and approval of the
application specified under ACC 20.06.130, as it now exists or is amended,
within the timeframe set forth therein (currently 240 to 180 days prior to
expiration of the then-current term). Any materials submitted by the Grantee for
a previous application may be considered by the City in reviewing a current
application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or Grantee
Services, or to reflect specific reporting periods mandated by the ACC.
C. Failure to Renew Franchise – Automatic Extension. If the Parties
fail to formally renew this Franchise prior to the expiration of its term or any
extension thereof, the Franchise automatically continues month to month until
renewed or either party gives written notice at least one hundred and eighty (180)
days in advance of intent not to renew the Franchise.
DI.B Page 60 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 4 of 15
Section 4. Definitions
For the purpose of this agreement:
“ACC” means the Auburn City Code.
"Emergency" means a condition of imminent danger to the health, safety and
welfare of persons or property located within the City including, without limitation,
damage to persons or property from natural consequences, such as storms,
earthquakes, riots, acts of terrorism or wars.
“Maintenance or Maintain” shall mean examining, testing, inspecting, repairing,
maintaining and replacing the existing Grantee Facilities or any part thereof as
required and necessary for safe operation.
“Relocation” means permanent movement of Grantee facilities required by the
City, and not temporary or incidental movement of such facilities, or other
revisions Grantee would accomplish and charge to third parties without regard to
municipal request.
“Rights-of-Way” means the surface and the space above and below streets,
roadways, highways, avenues, courts, lanes, alleys, sidewalks, easements,
rights-of-ways and similar public properties and areas.
Section 5. Acceptance of Franchise
A. This Franchise, and any rights granted hereunder, shall not
become effective for any purpose unless and until Grantee files with the City
Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and
incorporated by reference, (2) all verifications of insurance coverage specified
under Section 15, and (3) the financial guarantees specified in Section 16
(collectively, “Franchise Acceptance”). The date that such Franchise Acceptance
is filed with the City Clerk shall be the effective date of this Franchise.
B. Should the Grantee fail to file the Franchise Acceptance with the
City Clerk within 30 days after the effective date of the ordinance approving the
Franchise, the City’s grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits required under ACC Chapter 12.24 for any work done upon Grantee
DI.B Page 61 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 5 of 15
Facilities. Grantee shall comply with all applicable City, State, and Federal
codes, rules, regulations, and orders in undertaking such work, which shall be
done in a thorough and proficient manner.
B. Grantee agrees to coordinate its activities with the City and all other
utilities located within the public right-of-way within which Grantee is under taking
its activity.
C. The City expressly reserves the right to prescribe how and where
Grantee Facilities shall be installed within the public right-of-way and may from
time to time, pursuant to the applicable sections of this Franchise, require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Grantee.
D. Before commencing any work within the public right-of-way, the
Grantee shall comply with the One Number Locator provisions of RCW Chapter
19.122 to identify existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the City and in
accordance with City ordinances, Grantee shall have the authority to reasonably
trim trees upon and overhanging streets, public rights-of-way, and places in the
Franchise Area so as to prevent the branches of such trees from coming in
physical contact with the Grantee Facilities. Grantee shall be responsible for
debris removal from such activities. If such debris is not removed within twenty-
four (24) hours of completion of the trimming, the City may, at its sole discretion,
remove such debris and charge Grantee 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 a land clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence such repair
and emergency response work as required under the circumstances, provided
that the Grantee shall notify the City Construction Manager in writing as promptly
as possible, before such repair or emergency work commences, or as soon
thereafter as possible, if advance notice is not practical. The City may act, at
any time, without prior written notice in the case of emergency, but shall notify
the Grantee in writing as promptly as possible under the circumstances.
Section 8. Damages to City and Third-Party Property
DI.B Page 62 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 6 of 15
Grantee agrees that if any of its actions under this Franchise impairs or
damages any City property, survey monument, or property owned by a third-
party, Grantee will restore, at its own cost and expense, said property to a safe
condition. Such repair work shall be performed and completed to the satisfaction
of the City Engineer.
Section 9. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility, other than the Grantee’s, which was installed, constructed, completed or in
place prior in time to Grantee’s application for a permit to construct or repair
Grantee Facilities under this Franchise shall have preference as to positioning
and location with respect to the Grantee Facilities. However, to the extent that
the Grantee Facilities are completed and installed prior to another utility’s
submittal of a permit for new or additional structures, equipment, appurtenances
or tangible property, then the Grantee Facilities shall have priority. These rules
governing preference shall continue in the event of the necessity of relocating or
changing the grade of any City road or right-of-way. A relocating utility shall not
necessitate the relocation of another utility that otherwise would not require
relocation. This Section shall not apply to any City facilities or utilities that may in
the future require the relocation of Grantee Facilities. Such relocations shall be
governed by Section 11.
B. Grantee shall 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 Grantee and other
utility purveyors or authorized users of the Public Way, will develop guidelines
and procedures for determining specific utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested of the City Engineering Aide to coordinate municipal
functions with Grantee’s activities and fulfill any municipal obligations under state
law. Said information shall include, at a minimum, as-built drawings of Grantee
Facilities, installation inventory, and maps and plans showing the location of
existing or planned facilities within the City. Said information may be requested
either in hard copy or electronic format, compatible with the City’s data base
system, as now or hereinafter existing, including the City’s geographic
information Service (GIS) data base. Grantee shall keep the City Right-of-Way
DI.B Page 63 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 7 of 15
Manager informed of its long-range plans for coordination with the City’s long-
range plans.
B. The parties understand that Washington law limits the ability of the
City to shield from public disclosure any information given to the City.
Accordingly, the City agrees to notify the Grantee of requests for public records
related to the Grantee, and to give the Grantee a reasonable amount of time to
obtain an injunction to prohibit the City’s release of records.
Grantee shall indemnify and hold harmless the City for any loss or liability
for fines, penalties, and costs (including attorneys fees) imposed on the CIty
because of non-disclosures requested by Grantee under Washington’s open
public recordsact, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Except as otherwise so required by law, Grantee 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 RCW Chapter
35.99. Pursuant to the provisions of Section 14, Grantee 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 Pubic Way.
B. If a readjustment or relocation of the Grantee Facilities is
necessitated by a request from a party other than the City, that party shall pay
the Grantee the actual costs thereof.
Section 12. Abandonment and or Removal of Grantee Facilities
A. Within one hundred and eighty days (180) of Grantee’s permanent
cessation of use of the Grantee Facilities, or any portion thereof, the Grantee
shall, at the City’s discretion, either abandon in place or remove the affected
facilities.
B. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
DI.B Page 64 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 8 of 15
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 Grantee shall underground the Grantee Facilities in the
manner specified by the City Engineer at no expense or liability to the City,
except as may be required by RCW Chapter 35.99. Where other utilities are
present and involved in the undergrounding project, Grantee shall 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 Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and
size of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, employees, and volunteers harmless from any and all
costs, claims, injuries, damages, losses, suits, or liabilities of any nature including
attorneys’ fees arising out of or in connection with the Grantee’s performance
under this Franchise, except to the extent such costs, claims, injuries, damages,
losses, suits, or liabilities are caused by the negligence of the City.
B. The Grantee shall hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Grantee 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, right-of-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 Grantee acknowledges that neither the City nor any other
public agency with responsibility for fire fighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench
or confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the
provision of such services. The Grantee shall hold the City harmless from any
liability arising out of or in connection with any damage or loss to the Grantee for
the City’s failure or inability to provide such services, and, pursuant to the terms
of Section 14(A), the Grantee shall 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.
DI.B Page 65 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 9 of 15
D. Acceptance by the City of any work performed by the Grantee shall
not be grounds for avoidance of this section.
E. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee’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
Agreement.
Section 15. Insurance
A. The Grantee shall procure and maintain for the duration of this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work
hereunder by the Grantee, its agents, representatives, or employees in the
amounts and types set forth below:
1. Automobile Liability insurance covering all owned, non-
owned, hired, and leased vehicles with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed
to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate and a
$2,000,000 products-completed operations aggregate limit. Coverage shall be
written on ISO occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed operations,
stop gap liability, and personal injury and advertising injury and liability assumed
under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
11 85. There shall be no endorsement or modification of the Commercial
General Liability insurance for liability arising from explosion, collapse, or
underground property damage. The City shall be named as an additional insured
under the Grantee’s Commercial General Liability insurance policy with respect
to the work performed under this Franchise using ISO Additional Insured
Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations
DI.B Page 66 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 10 of 15
endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
3. Professional Liability insurance with limits no less than
$1,000,000 per claim for all professional employed or retained Grantee to
perform services under this Franchise.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Professional Liability, and
Commercial General Liability insurance:
1. The Grantee’s insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be in excess of the Grantee’s insurance
and shall not contribute with it.
2. The Grantee’s insurance shall be endorsed to state that
coverage shall not be cancelled by either party except after thirty (30) days’ prior
written notice by certified mail, return receipt requested, has been given to the
City.
C. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best rating of not less than A:VII.
D. Verification of Coverage. Grantee shall furnish the City with
documentation of insurer’s A.M. Best rating and with original certificates and a
copy of amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
E. Grantee shall 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.
F. Grantee’s maintenance of insurance as required by this Franchise
shall not be construed to limit the liability of Grantee to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy to which the
City is otherwise entitled at law or in equity.
Section 16. Performance Security
DI.B Page 67 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 11 of 15
The Grantee shall provide the City with a financial guarantee in the amount of
Fifty Thousand Dollars ($50,000) running for, or renewable for, the term of this
Franchise, in a form and substance acceptable to the City. In the event Grantee
shall fail to substantially comply with any one or more of the provisions of this
Franchise, then there shall be recovered jointly and severally from the principal
and any surety of such financial guarantee any damages suffered by City as a
result thereof, 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 hereinabove described. Grantee specifically agrees
that its failure to comply with the terms of Section 19 shall constitute damage to
the City in the monetary amount set forth therein. Such a financial guarantee
shall not be construed to limit the Grantee’s liability to the guarantee amount, or
otherwise limit the City’s recourse to any remedy to which the City is otherwise
entitled at law or in equity.
Section 17. Successors and Assignees
A. All the provisions, conditions, regulations and requirements herein
contained shall be binding upon the successors, assigns of, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligations
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally as if they were specifically mentioned herein wherever the
Grantee is mentioned.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance; Provided, that prior
consent for an assignment to Grantee’s affiliates may be granted
administratively.
C. Grantee and any proposed assignee or transferee shall provide and
certify the following to the City not less than sixty (60) days prior to the proposed
date of transfer: (a) Complete information setting forth the nature, term and
conditions of the proposed assignment or transfer; (b) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (c) An application fee which shall be set by the City, plus any
other costs actually and reasonably incurred by the City in processing, and
investigating the proposed assignment or transfer.
D. Prior to the City’s consideration of a request by Grantee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee shall
file with the City a written promise to unconditionally accept all terms of the
DI.B Page 68 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 12 of 15
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 prior to transfer
does not waive any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Grantee arising
by reason of this Agreement, the dispute shall first be referred to the operational
officers or representatives designated by Grantor and Grantee to have oversight
over the administration of this Agreement. The officers or representatives shall
meet within thirty (30) calendar days of either party's request for a meeting,
whichever request is first, and the parties shall 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 shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is
instituted to enforce any term of this Agreement, the parties specifically
understand and agree that venue shall be exclusively in King County,
Washington. The prevailing party in any such action shall be entitled to its
attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the
case, and such fees shall be included in the judgment.
Section 19. Enforcement and Remedies
A. If the Grantee shall willfully violate, or fail to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or should
it fail to heed or comply with any notice given to Grantee under the provisions of
this agreement, the City may, at its discretion, provide Grantee 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 Grantee’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 Grantee 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 16 for every day after the expiration of the cure period that the breach
is not cured.
DI.B Page 69 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 13 of 15
B. Should the City determine that Grantee is acting beyond the scope
of permission granted herein for Grantee Facilities and Grantee Services, the
City reserves the right to cancel this Franchise and require the Grantee to apply
for, obtain, and comply with all applicable City permits, franchises, or other City
permissions for such actions, and if the Grantee’s actions are not allowed under
applicable federal and state or City laws, to compel Grantee to cease such
actions.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Grantee shall 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.
Furthermore, notwithstanding any other terms of this agreement appearing to the
contrary, the Grantee shall be subject to the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
general public in relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any hereafter enacted, amended, or adopted 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 upon providing Grantee 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. Said amendment
shall become automatically effective upon expiration of the notice period unless,
before expiration of that period, the Grantee 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 Grantee’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 Grantee, if the Grantee fails to comply with such amendment or
modification.
Section 21. License, Tax and Other Charges
This Franchise shall not exempt the Grantee from any future license, tax,
or charge which the City may hereinafter adopt pursuant to authority granted to it
DI.B Page 70 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 14 of 15
under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Agreement, in no event shall
either party be liable for any special, incidental, indirect, punitive, reliance,
consequential or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
shall remain in effect.
Section 24. Titles
The section titles used herein are for reference only and should not be
used for the purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 26. 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: _____________________
________________________________
PETER B. LEWIS, MAYOR
ATTEST:
DI.B Page 71 of 82
------------------------------
Ordinance No. 6452
DATE 01/29/2013
Page 15 of 15
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
DI.B Page 72 of 82
Franchise Agreement No 12-41 Zayo Group LLC
Printed Date:
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.
Map Created by City of Auburn eGIS
1/29/2013
DI.B Page 73 of 82
Ordinance No. 6452
Franchise Agreement No. 12-41
DATE 01/29/2013
Exhibit “B”
Grantee Facilities
Underground and overhead fiber optic cable consisting of individual fiber optic strands.
DI.B Page 74 of 82
Ordinance No. 6452
Franchise Agreement No. 12-41
DATE 01/29/2013
Exhibit “C”
Grantee Services
Zayo is a provider of bandwidth infrastructure solutions, offering traditional lit
telecommunications services (including private lines and wavelengths, Internet access
and co-location) to wholesale and enterprise customers over a fiber-optic network in
metropolitan markets from coast-to-coast. Wholesale carrier customers include
telecom, wireless, cable, LEC and Internet service providers. Enterprise customers
include web-centric and technology businesses, government entities, educational
institutions, financial services companies, healthcare providers and smaller firms
needing to connect multiple facilities. Zayo does not provide any residential, voice,
cable or video service.
DI.B Page 75 of 82
Ordinance No. 6452
Franchise Agreement No. 12-41
DATE 01/29/2013
EXHIBIT “D”
STATEMENT OF ACCEPTANCE
Zayo Group, 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.
[Grantee]
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2013, 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 he/she is 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:
DI.B Page 76 of 82
Zayo Group Proposed Initial Buildout
Printed Date:
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.
Map Created by City of Auburn eGIS
1/29/2013
DI.B Page 77 of 82
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Matrix
Date:
February 19, 2013
Department:
Planning and Development
Attachments:
PCDC Matrix
Budget Impact:
$0
Administrative Recommendation:
For information only, see attached matrix.
Background Summary:
Reviewed by Council Committees:
Other: Planning
Councilmember:Backus Staff:
Meeting Date:February 25, 2013 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 78 of 82
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n opportunities.
PA
R
K
S
,
A
R
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&
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C
R
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A
T
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8
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a
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n
R
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t
r
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5
4
%
c
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No
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s
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n
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i
o
n
(
i
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a
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e
b
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u
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f
c
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t
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o
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s
permit. General Construction
an
t
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c
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d
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o
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a
r
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w
i
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C
i
t
y
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m
p
r
o
vements scheduled through
Ma
y
.
P
a
r
k
t
o
o
p
e
n
J
u
n
e
o
f
2
0
1
3
.
CO
M
M
U
N
I
T
Y
S
E
R
V
I
C
E
S
D
I
V
I
S
I
O
N
9
B
u
i
l
d
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n
g
C
o
m
m
u
n
i
t
y
TB
D
Hu
r
s
h
PC
D
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p
d
a
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a
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t
u
r
e
m
e
e
t
i
n
g
;
b
r
i
e
f
i
n
g
to be scheduled.
10
H
u
m
a
n
S
e
r
v
i
c
e
s
C
e
n
t
e
r
O
n
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u
r
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p
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v
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d
a
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n
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e
d
e
d
o
r
r
e
q
u
e
s
t
e
d
.
11
Un
i
f
y
c
o
m
m
u
n
i
t
i
e
s
t
h
r
o
u
g
h
ce
n
t
r
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l
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d
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c
a
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a
n
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ou
t
r
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H
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h
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o
m
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n
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y
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s
t
o
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i
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a
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u
a
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p
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a
t
e
s
.
BO
A
R
D
S
,
C
O
M
M
I
S
S
I
O
N
S
&
H
E
A
R
I
N
G
E
X
A
M
I
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E
R
12
A
r
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s
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m
m
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a
l
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2
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o
i
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h
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ld
o
n
1
1
/
2
6
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w
i
t
h
P
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C
.
13
H
u
m
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u
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o
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d
9
/
2
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/
1
2
.
DI.D Page 80 of 82
Fe
b
r
u
a
r
y
2
5
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2
0
1
3
Page 3
To
p
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c
/
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s
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x
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o
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P
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a
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14
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m
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i
n
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f
o
r
a
n
n
u
al briefing with the
Co
m
m
i
t
t
e
e
.
15
P
a
r
k
s
&
R
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c
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a
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o
n
B
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6
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w
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16
P
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m
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r
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s
i
x
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n
t
h
s with Planning Commission.
Th
e
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t
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w
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l
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8
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1
3
.
17
T
r
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n
s
p
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n
,
T
r
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o
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o
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A
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c
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d
5
/
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3
/
1
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w
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t
h
P
C
D
C
.
18
U
r
b
a
n
T
r
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o
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F
a
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2
0
1
3
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n
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a
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p
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o
cc
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d
1
0
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2
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w
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h
P
C
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CO
M
P
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H
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N
S
I
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P
L
A
N
/
C
A
P
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T
A
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F
A
C
I
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S
P
L
A
N
N
I
N
G
(
L
o
n
g
R
a
n
g
e
P
l
a
n
n
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n
g
)
19
C
o
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
U
p
d
a
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e
O
n
-
g
o
i
n
g
C
h
a
m
b
e
r
l
a
i
n
20
1
3
–
2
0
1
4
A
u
b
u
r
n
C
o
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
u
p
d
a
t
e
.
M
a
j
o
r update of the
co
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
f
o
r
t
h
e
n
e
x
t
2
0
y
e
a
r
s
+
.
20
W
a
t
e
r
,
S
e
w
e
r
,
S
t
o
r
m
Sc
o
p
e
:
U
p
d
a
t
e
t
o
t
h
e
W
a
t
e
r
,
Se
w
e
r
,
a
n
d
S
t
o
r
m
Co
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
s
i
n
c
o
n
c
e
r
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t
h
t
h
e
C
o
m
p
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h
e
n
s
i
v
e
P
l
a
n
Up
d
a
t
e
p
r
o
j
e
c
t
.
On
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g
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g
P
u
b
l
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c
W
o
r
k
s
Up
d
a
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t
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u
t
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y
c
o
m
p
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h
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n
s
i
v
e
p
l
a
n
s
a
s
the City updates its
co
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
.
21
Tr
a
n
s
p
o
r
t
a
t
i
o
n
P
l
a
n
n
i
n
g
Sc
o
p
e
:
L
o
n
g
-
t
e
r
m
p
l
a
n
n
i
n
g
f
o
r
th
e
i
n
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l
a
t
i
o
n
s
h
i
p
b
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t
w
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n
la
n
d
u
s
e
a
n
d
t
r
a
n
s
p
o
r
t
a
t
i
o
n
in
f
r
a
s
t
r
u
c
t
u
r
e
.
On
-
g
o
i
n
g
P
a
r
a
Co
m
p
r
e
h
e
n
s
i
v
e
T
r
a
n
s
p
o
r
t
a
t
i
o
n
U
p
d
a
t
e
a
d
o
p
t
e
d
b
y
C
i
t
y
Council in 2009.
Co
m
p
r
e
h
e
n
s
i
v
e
T
r
a
n
s
p
o
r
t
a
t
i
o
n
P
l
a
n
U
p
d
a
t
e
i
n
c
o
n
c
e
r
t
with the Comprehensive
Pl
a
n
U
p
d
a
t
e
P
r
o
j
e
c
t
.
22
Tr
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
Pr
o
g
r
a
m
(
T
I
P
)
Sc
o
p
e
:
6
-
y
e
a
r
t
r
a
n
s
p
o
r
t
a
t
i
o
n
im
p
r
o
v
e
m
e
n
t
p
r
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g
r
a
m
t
h
a
t
i
s
up
d
a
t
e
d
a
n
n
u
a
l
l
y
i
d
e
n
t
i
f
y
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n
g
tr
a
n
s
p
o
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t
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d
c
a
p
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l
pr
o
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c
t
s
20
1
3
Pa
r
a
Re
v
i
e
w
o
f
t
h
e
2
0
1
3
-
2
0
1
8
T
r
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
Program (TIP) has been
co
m
p
l
e
t
e
d
b
y
t
h
e
P
C
D
C
.
C
i
t
y
C
o
u
n
c
i
l
t
o
o
k
a
c
t
i
o
n
o
n
the 2013-2018
Tr
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
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n
t
P
r
o
g
r
a
m
(
T
I
P
)
a
t
t
h
e
9
/
1
7/12 City Council meeting.
DI.D Page 81 of 82
Fe
b
r
u
a
r
y
2
5
,
2
0
1
3
Page 4
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
23
Ca
p
i
t
a
l
F
a
c
i
l
i
t
i
e
s
P
l
a
n
Sc
o
p
e
:
6
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y
e
a
r
c
a
p
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a
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c
i
l
i
t
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pl
a
n
f
o
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e
C
i
t
y
’
s
p
u
b
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i
c
fa
c
i
l
i
t
i
e
s
/
u
t
i
l
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t
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s
On
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g
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g
Fi
n
a
n
c
e
Up
d
a
t
e
d
a
n
n
u
a
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l
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a
s
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e
d
e
d
a
s
p
a
r
t
o
f
t
h
e
c
o
m
p
r
e
h
e
n
sive plan update process.
Th
e
2
0
1
3
-
2
0
1
8
C
a
p
i
t
a
l
F
a
c
i
l
i
t
i
e
s
P
l
a
n
a
p
p
r
o
v
e
d
b
y
t
he City Council 12/17/12.
OT
H
E
R
24
E
c
o
n
o
m
i
c
D
e
v
e
l
o
p
m
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M
a
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d
a
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d
.
DI.D Page 82 of 82