HomeMy WebLinkAbout09-03-2019 CITY COUNCIL AGENDACity Council Meeting
September 3, 2019 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
A .P ledge of Allegiance
B .Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .National Recovery Month Proclamation
Mayor Backus to proclaim September 2019 as "National Recovery Month" in the city of
A uburn
B .Constitution Week P roclamation
Mayor Backus to proclaim September 17-23, 2019 as "Constitution Week" in the city
of Auburn
I I I .AP P O I NT M E NT S
A .A uburn Tourism Board
City Council to confirm the appointment of P hilip Hernandez to the A uburn Tourism
B oard for a three-year term to expire December 31, 2021
(RE C O M M E ND E D AC T IO N: M ove to approve the Auburn Tourism Board
Appointment.)
I V.AG E ND A M O D I F IC AT I O NS
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings
1.Public Hearing for Franchise A greement No. F R N19-
0014 (Gaub)
City Council to hold a public hearing in consideration of Franchise A greement No.
F R N19-0014 for New Cingular W ireless P C S , L L C
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
Page 1 of 63
C.Correspondence - (T here is no correspondence for Council review.)
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair Wales)
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the August 19, 2019 City Council Meeting
B .Claim Vouchers (Thomas)
Claim vouchers list dated September 3rd, 2019 which includes voucher numbers
455289 through voucher 455471 in the amount of $618,186.36 and three wire
transfers in the amount of $759,523.66.
C.P ayroll Vouchers (T homas)
P ayroll check numbers 538589 through 538605 in the amount of $577,702.86,
electronic deposit transmissions in the amount of $2,075,699.94 for a grand total of
$2,653,402.80 for the period covering A ugust 15, 2019 to August 28, 2019, are
approved for payment this 3rd day of S eptember, 2019.
D.S etting Public Hearing for the 2020-2024 Community
Development Block Grant Consolidated P lan (Tate)
City Council to set the date for a Public Hearing for the proposed Consolidated P lan
2020-2024 Update (Consolidated P lan) and A nalysis of I mpediments to Fair Housing
Choice to be held on October 7, 2019 at 7:00pm
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
V I I I .UNF INIS HE D B US I NE S S
I X.NE W B US I NE S S
X .RE S O L UT IO NS
A .Resolution No. 5447 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, related to forfeited
property; declaring forfeited real property as surplus, and authorizing the Mayor to
negotiate and execute agreements
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5447.)
B .Resolution No. 5451 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, setting a public
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hearing to consider the vacation of right-of-way of 130th Avenue S E , between S E
304th Street and S E 302nd P lace, within the City of A uburn, Washington
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5451.)
C.Resolution No. 5453 (Hinman)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
Mayor to negotiate and execute agreements related to the Auburn Consolidated
Resource Center
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5453.)
X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X I I .AD J O URNM E NT
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.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing for Franchise Agreement No. FRN19-0014
(Gaub)
Date:
August 14, 2019
Department:
Public Works
Attachments:
Draft Ordinance No. 6727 Franchise Agreement
No. FRN19-0014
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of Franchise Agreement No. FRN19-
0014 for New Cingular Wireless PCS, LLC.
Background Summary:
Section 20.06.030 of the Auburn City Code requires the City to hold a public hearing before
deciding to approve or reject a franchise application. Franchise Agreement No. FRN19-0014
for New Cingular Wireless PCS, LLC, would allow it to build and operate a small wireless
facilities network within the City’s rights-of-way. The public hearing was set by consent on
August 19, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:September 3, 2019 Item Number:PH.1
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 1 of 17
ORDINANCE NO. 6727
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING NEW
CINGULAR WIRELESS PCS, LLC, A FRANCHISE
FOR WIRELESS TELECOMMUNICATIONS
FACILITIES
WHEREAS, New Cingular Wireless PCS, 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, to install, construct,
erect, operate, maintain, repair, relocate and remove Grantee’s 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; and
WHEREAS, based on the information presented at the 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 to grant the franchise 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 in this Agreement, the City
grants to the Grantee general permission to enter, use, and occupy the Franchise
Area, located within the incorporated area of the City. Grantee may locate the
Grantee Facilities within the Franchise Area subject to all applicable laws,
regulations, and permit conditions.
B. The Grantee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore and repair Grantee Facilities
to provide Wireless Telecommunications Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Grantee Facilities and Wireless
Telecommunications Services, and it extends no rights or privilege relative to any
facilities or services of any type, including Grantee Facilities and Wireless
Telecommunications Services, on public or private property elsewhere within the
City.
Page 5 of 63
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 2 of 17
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including Franchises, impacting the Franchise
Area, for any purpose that does not interfere with Grantee’s rights under this
Franchise.
E. Except as explicitly set forth in this Agreement, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, 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 Grant ee 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 a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address shall be designated in writing and delivered to the other party. Any such
notice shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City.
City: Right-of-Way Specialist
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010; Fax: (253) 931-3048
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 3 of 17
Grantee: New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
Site No. City of Auburn Wireless Franchise Agreement (WA)
1025 Lenox Park Blvd NE, 3rd Floor
Atlanta, GA 30319
With a copy to: New Cingular Wireless PCS, LLC
Attn: AT&T Legal Dept – Network Operations
Site No. City of Auburn Wireless Franchise Agreement (WA)
208 S. Akard Street
Dallas, TX 75202-4206
B. Any changes to the above-stated Grantee information shall be sent
to the City at City’s notice addresses, referencing the number of this Ordinance.
C. The City may also contact Grantee at the following number during
normal business hours and for emergency or other needs outside of normal
business hours of the Grantee: (800) 832-6662.
Section 3. Term of Agreement
A. This Franchise shall run for a period of five (5) years, from the
effective date of this Franchise specified in Section 5.
B. Renewal Option of Term: The Grantee may renew this Franchise for
one, 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 in that section (currently not more than 240 and not less than
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 reviewin g
a current application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or
Telecommunications 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.
Section 4. Definitions
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 4 of 17
For the purpose of this agreement:
A. “ACC” or “City Code” means the Auburn City Code.
B. "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.
C. “Franchise Area” means all present and future Rights-of-W ay as
defined in Section 4.H. herein, within the City Limits as they currently exist or as
amended in the future.
D. “Grantee Facilities” means any and all equipment, appliances,
attachments, appurtenances and other items necessary for Telecommunications
Services or “personal wireless services” as defined in RCW 80.36.375 or
35.99.010(7), respectively, that are located in the Right-of-Way. It includes
microcell, minor and small cell facilities and strand-mounted units.
Grantee Facilities do not include anything used to provide wireline services,
front-haul or back-haul services, including fiber optic cables, coaxial cables, wires,
conduit or other equipment, appliances, attachments and appurtenances. They do
not include any equipment that is not within ten (10) feet of the pole (excluding any
strand-mounted unit) or base station, or that is not within the Right-of-Way, or that
is covered under a separate Franchise Agreement or agreement.
E. “Grantee’s Wireless Telecommunications Services” means the
transmission and reception of wireless communications signals, including but not
limited to personal wireless and data communications services, over Licensee’s
federally licensed frequencies, pursuant to all the rules and regulations of the
Federal Communications Commission, and in accordance with the terms of this
Agreement, for the benefit of wireless communications subscribers in and around
the Franchise Area.
F. “Maintenance” or “maintain” shall mean examining, testing,
inspecting, repairing, maintaining, restoring and replacing the existing Grantee
Facilities or any part thereof as required and necessary for safe operation.
G. “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.
Page 8 of 63
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 5 of 17
H. “Rights-of-Way” means the surface and the space above and below
streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, shoulders,
curbs, landscaping areas between sidewalks and curbs or shoulders, and other
public rights-of-ways and similar public properties and areas to the extent that the
City has the authority to grant permission to use any of the foregoing . It does not
include structures, including poles and conduit, located in the right-of-way and, any
other property owned by the City in its proprietary capacity.
Section 5. Acceptance of Franchise
A. This Franchise shall not become effective until Grantee files with the
City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 15, (3) the financial guarant ees
specified in Section 16, and (4) payment of any outstanding application fees per
the City Fee Schedule. These four items shall collectively be the “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 thirty (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. Location, Siting, Construction and Maintenance
A. The Grantee shall apply for, obtain, and comply with the terms of all
permits, approvals and facilities lease agreements as required under ACC
Chapters 12.24, 13.32A and 20 for any work done within the Right-of-Way or to
site Grantee Facilities on any facilities, structures or poles owned by third parties
within the Right-of-Way or on any City-owned facilities, structures or poles within
the Right-of-Way. City Council authorizes the Director of Public Works or the
Director’s designee to negotiate and execute all agreements necessary for the use
of City owned property. 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.
Grantee shall be required to submit the appropriate application to the
City related to siting within the public Right-of-Way as provided under this
Franchise, for review and approval by the City Engineer, prior to submitting an
application for a construction permit(s) for any and all locations in the public Right-
of-Way, whether Grantee is proposing to locate on City owned facilities, structures
or poles, or on third party owned facilities, structures or poles. The siting
application shall be submitted to the City and shall be in addition to any other
required permits for construction, building, land use, zoning, lease agreements or
other approvals as required by applicable City Code.
Page 9 of 63
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 6 of 17
B. Grantee agrees to coordinate its activities with the City and all other
utilities located in the public Right-of-W ay within which Grantee is undertaking 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 and in accordance with the applicable sections of this
Franchise or the ACC, require the adjustment, securement, 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 public places in
the Franchise Area to the extent necessary to prevent the branches of those 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 of removal. This
section does not, in any instance, grant automatic authority to clear vegetation for
purposes of providing a clear path for radio signals. A ny 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 repair and
emergency response work as required under the circumstances. The Grantee shall
notify the City telephonically during normal business hours (at 253-931-3010) and
during non-business hours (at 253-876-1985) as promptly as possible, before such
repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Grantee’s emergency contact phone
number for the corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the Grantee,
but shall notify the Grantee in writing as promptly as possible under the
circumstances. Grantee will reimburse the City for the City’s actual cost of
performing emergency response work.
Page 10 of 63
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 7 of 17
Section 8. Damages to City and Third-Party Property
Grantee agrees that if any of its actions under this Franchise impairs or
damages any property, Grantee will restore, at its own cost and expense, the
property to a safe condition. Upon returning property to a safe condition, the
property shall then be returned to the condition it was in immediately prior to being
damaged (if the safe condition of the property is not the same as that which existed
prior to damage). 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 telecommunication
or utility operator’s or carrier’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. For development of new
areas, the City, in consultation with Grantee and other telecommunication and
utility purveyors or authorized users of the Rights-of-Way, will develop guidelines
and procedures for determining specific telecommunications and utility locations.
Section 10. Grantee Information
A. Grantee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with Grantee’s
activities and fulfill any municipal obligations under state law. This information
shall include, at a minimum, as-built drawings of Grantee Facilities, including
installation inventory, and maps and plans showing the location of existing Grantee
Facilities and planned Grantee Facilities(to the extent that maps and plans
showing planned facilities are available) within the Rights of Way. This information
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 8 of 17
may be requested either in hard copy or electronic format, compatible with the
City’s data base system, as now or hereinafter exist s, including the City’s
Geographic Information System (GIS) data base. Upon the City’s request, Grantee
shall inform the City of its long range plans for installation, if such p lans are
available, so that the City may coordinate any future development with Grantee’s
proposed designs. If such plans are not immediately available, are not finalized,
or are proprietary in nature, then Grantee is under no obligation to provide such
information to the City. Should the Grantee fail, for any reason, to provide
information regarding its long range plans or planned Grantee Facilities upon the
City’s request, then the City is under no obligation to coordinate with, account for
or authorize their facilities in future Right-of-Way projects or 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; however,
nothing in this Section shall be construed to require Grantee to disclose proprietary
or confidential information without adequate safeguards to protect the confidential
or proprietary nature of the information. Accordingly, in the event the City receives
a public records request under applicable state or federal law, the City agrees to
notify the Grantee of such request related to the Grantee, and to give the Grantee
ten (10) working days to obtain an injunction prohibiting the release of the records.
C. Grantee shall defend, indemnify and hold the City harmless 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
public records act, provided the City has notified Grantee of the pending request.
Section 11. Relocation of Grantee Facilities
A. Pursuant to Auburn City Code Chapter 13 and Chapter 20 as
currently written or as amended in the future, 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 Public Right-of-Way.
B. If securement, adjustment 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.
Page 12 of 63
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 9 of 17
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 all or a portion of the Grantee Facilities, the Grantee shall, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Grantee may ask the City in writing to abandon, in whole or in part,
all or any part of the Grantee Facilities. Any plan for abandonment of Grantee
Facilities must be approved in writing by the City, which approval shall not be
unreasonably withheld.
C. The parties expressly agree that this Section shall survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Subject to applicable law addressing the undergrounding of
telecommunication facilities, 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. W here 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, contractors and employees, and volunteers harmless
from any and all costs, claims, injuries, damages, losses, suits, or liabilities
including attorneys’ fees arising out of or in connection with the Grantee’s
performance (including Grantee’s agents’ or representatives’ performances) under
this Franchise, except to the extent such costs, claims, injuries, damages, losses,
suits, or liabilities are caused by the sole negligence or willful misconduct of the
City or its officers, officials, agents and employees. Should a court of competent
jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the
Page 13 of 63
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 10 of 17
event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Grantee and
the City, its officers, officials or employees, and volunteers, the Grantee's liability
hereunder shall be only to the extent of the Grantee's negligence.
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 or willful
misconduct of the City, or its employees, contractors and agents performing such
work.
C. The Grantee acknowledges that neither the City nor any other public
agency with responsibility for firefighting, emergency rescue, public safety or
similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Grantee, and its agents, assigns, successors, or
contractors, shall make such arrangements as Grantee deems fit for the provision
of such services with regard to work performed by or at the direc tion of Grantee.
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.
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 indemnity claims
made by the City against Grantee or claims made by Grantee’s employees directly
against the City. 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 th is
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 officers, officials, and employees in the amounts and types set
forth below:
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Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 11 of 17
1. Commercial Automobile Liability insurance ISO Form CG 00
01 covering all owned, non-owned, hired, and leased vehicles with a combined
single limit for bodily injury and property damage of $1,000,000 .00 per accident
including contractual liability. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01, or a substitute form used by Grantee, so long as it
provides equivalent liability coverage.
2. Commercial General Liability insurance with limits of
$5,000,000.00 each occurrence for bodily injury and property damage and,
$5,000,000.00 general aggregate including $5,000,000.00 products-completed
operations aggregate limit, premises-operations, independent contractors,
products-completed operations, personal injury and advertising injury and
contractual liability coverage. There shall be no exclusion for liability arising from
explosion, collapse, or underground property damage. The City shall be included
as an additional insured as their interest may appear under the Grantee’s
Commercial General Liability insurance policy with respect to the work performed
under this Franchise by means of a blanket additional insured endorsement using
ISO Additional Insured Endorsement for Ongoing Operations, CG 20 10 10 01 and
Additional Insured Completed Operations Endorsement, CG 20 37 10 01, or
substitute endorsements utilized by Grantee providing equivalent coverage.
3. Professional Liability insurance with limits of $1,000,000.00
per claim and aggregate covering the negligence , acts, errors, and/or omissions
of Grantee in the performance of professional services under this Franchise.
4. Workers’ Compensation coverage (or qualified self-insurance
coverage) as required by the Industrial Insurance laws of the State of Washington.
B. The insurance policies shall:
1. Provide that 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. Upon receipt of appropriate notice from its insurer(s), Grantee
shall provide the City with thirty (30) days prior written notice of cancellation or
nonrenewal of any of the required insurance policies that are not replaced.
C. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A:VII.
Page 15 of 63
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 12 of 17
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
blanket additional insured endorsements evidencing the insurance requirements
of Grantee 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
The Grantee shall provide the City with a bond or financial guarantee in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City, for all of the Grantee
Facilities in the City. If Grantee fails to substantially comply with any one or more
of the provisions of this Franchise, the City shall recover jointly and severally from
the Grantee, bond or any surety of such financial guarantee, any actual and direct
damages suffered by City as a result thereof, including but not limited to staff time,
material and equipment costs and the cost of removal or abandonment of facilities.
Grantee specifically agrees that its failure to comply with the terms of Section 19
shall constitute a material breach of this Franchise. Such a bond or 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, and independent
contractors of the Grantee, and all rights and privileges, as well as all obligation s
and liabilities of the Grantee shall inure to its successors, assignees and
contractors equally.
B. This Franchise shall not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
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: (1) Complete information setting forth the nature, term and
Page 16 of 63
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 13 of 17
conditions of the proposed assignment or transfer; (2) All information required by
the City of an applicant for a Franchise with respect to the proposed assignee or
transferee; and, (3) An application fee 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
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.
E. Transactions between affiliated entities are not exempt fr om the
required City approval. Grantee shall promptly notify the City in writing prior to any
proposed change in, or transfer of, or acquisition by any other party of control of
the Grantee’s company. Notification shall include those items set out in subsection
17.C (1) through (3) herein above.
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 negligence, or should it fail to heed or comply
Page 17 of 63
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 14 of 17
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 receipt of written notification. If the parties determine 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 (2) terminate Franchisee’s use of the specific portion(s) of the
ROW to which the default(s) pertains at the discretion of the City Engineer, or (3)
claim damages of Two Hundred Fifty Dollars ($250.00) per day against the bond
or financial guarantee set forth in Section 16 for every day after the expiration of
the cure period that the breach is not cured.
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 (collectively,
“Laws”). 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. The 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 or within such other timeframe as
Page 18 of 63
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 15 of 17
determined by the City, 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.
The City shall retract its notice of termination if the City determines that the Grantee
is in compliance with the amendment or modification within such 30 -day period.
The City may grant longer than the 30-days to comply if the Grantee provides
notice to the City of its intent to comply and can demonstrate good-faith efforts to
reach compliance to the satisfaction of the City.
Section 21. License, Fees, Tax and Other Charges
Grantee shall pay promptly and before they become delinquent , all fees and
charges for all applicable permits, licenses and construction approvals imposed by
the City for Grantee’s permitted use of the Grantee Facilities within the Rights-of-
Way. This Franchise shall not exempt the Grantee from any future license, fee,
tax, or charge, which the City may hereinafter adopt pursuant to authority granted
to it under state or federal law for revenue or as reimbursement for use and
occupancy of the Franchise Area.
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this 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 are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation.
The Mayor is authorized to implement such administrative procedures as
may be necessary to carry out the directions of this Franchise.
Section 26. Effective date.
Page 19 of 63
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 16 of 17
This Ordinance shall take effect and be in force five days from and af ter its
passage, approval and publication as provided by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
__________________________
Steven L. Gross, City Attorney
Published: _________________
Page 20 of 63
------------------------------
Draft Ordinance No. 6727
July 30, 2019
Franchise Agreement No. FRN19-0014
Page 17 of 17
Exhibit A
STATEMENT OF ACCEPTANCE
New Cingular Wireless PCS, 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.
____________________________________
____________________________________
____________________________________
By: Date:
Name:
Title:
STATE OF _______________)
)ss.
COUNTY OF _____________ )
On this ____ day of _______________, 2019, 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:
Page 21 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 19, 2019 City Council Meeting
Date:
August 28, 2019
Department:
City Council
Attachments:
08-19-2019 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:September 3, 2019 Item Number:CA.A
Page 22 of 63
City Council Meeting
August 19, 2019 - 7:00 P M
City Hall Council Chambers
MINUT E S
Watch the meeting L I V E !
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hours after the meeting has concluded.
I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn
and led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: B ob Baggett, L arry B rown, Claude DaCorsi,
and Yolanda Trout-Manuel. Deputy Mayor B ill Peloza, Councilmember
J ohn Holman and L argo Wales were excused.
Department directors and staff members present included: City Attorney
S teve Gross, Director of F inance J amie T homas, Director of P ublic Works
I ngrid Gaub, Director of Community Development J eff Tate, Director of
P arks, A rts, and Recreation Daryl Faber, Director of I nnovation &
Technology David Travis, Chief of Police B ill Pierson, and Deputy City
Clerk Teresa Mattingly.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .I nternational Overdose Awareness Day Proclamation
Mayor Backus to proclaim A ugust 31, 2019 as "I nternational Overdose Awareness
Day" in the city of A uburn.
Mayor Backus proclaimed August 31, 2019 as I nternational Overdose
Awareness Day and will present the proclamation to B attlefield Addiction.
B .Children's Therapy Center Day Proclamation
Mayor Backus to proclaim A ugust 29, 2019 as "Children's Therapy Center Day" in the
city of A uburn.
Mayor Backus proclaimed August 29, 2019 as Children's Therapy Center
Day and presented the proclamation to C E O Barry Gourley, Board
P resident rita Schwarting, B oard Member Susan Adams, and Founders
S ue Hudson and Gay L loyd Pinder.
Page 1 of 5Page 23 of 63
Mr. Gourley thanked the Mayor and Council for the partnership between
Children's Therapy Center.
C.Chief of Police P resentation
Mayor Backus moved this item to the first item in this section.
Chief Pierson presented Officer Matt W ilkinson and Officer Michael Mabis
with the Auburn L ife Saving Award.
I I I .AP P O I NT M E NT S
There were no announcements, reports or presentations.
I V.AG E ND A M O D I F IC AT I O NS
There was no modifications to the agenda.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
Don McGurty, Auburn
Mr. McGurty asked for information on when the next litter control and
recycling contract would come up for bid.
Devendra Maharaj, Verizon W ireless, Bellevue
Mr. Maharaj thanked the Mayor and Council for their efforts on adopting
Resolution No. 6721, a franchise for W ireless Telecommunications
Facilities with Verizon W ireless.
Virginia Haugen, 2503 R S t S E , Auburn
Ms. Haugen thanked 911 operators and the P olice Department for their
response time, and expressed her concerns regarding P arks Department
budget impact.
C.Correspondence
There was no correspondence for Council to review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair Wales)
Page 2 of 5Page 24 of 63
Councilmember DaCorsi, Vice Chair of the F inance ad hoc committee,
reported he and Councilmember Wales have reviewed the claims and
payroll vouchers described on the Consent Agenda this evening and
recommended their approval.
V I I .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the J uly 8, 2019 Study Session
B .Minutes of the August 5, 2019 City Council Meeting
C.Claim Vouchers (Thomas)
Claim vouchers list dated A ugust 19, 2019 which includes voucher numbers 455103
through 455288 in the amount of $4,205,532.94 and three wire transfers in the amount
of $513,975.20
D.P ayroll Vouchers (T homas)
P ayroll check numbers 538565 through 538588 in the amount of $250,588.31,
electronic deposit transmissions in the amount of $2,078,956.12 for a grand total of
$2,329,544.43 for the period covering A ugust 1, 2019 to August 14, 2019
E .C P1720 Game Farm P ark No. 4 Ballfield L ighting (Faber)
C P1720 Game Farm P ark improvement project allows for the purchase and installation
of softball field lights on Game Farm P ark B all field #4
F.S etting Public Hearing Date for Franchise A greement
#F R N190014 (Gaub)
City Council to set the date of the Public Hearing for Franchise A greement No.
F R N19-0014 for New Cingular W ireless P C S, L L C to be held on S eptember 3, 2019,
at 7:00 pm
Councilmember DaCorsi moved and Councilmember Trout-
Manuel seconded to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
There was no new business.
Page 3 of 5Page 25 of 63
X .O RD INANC E S
A .Ordinance No. 6721 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, granting Seattle
S MS A L imited P artnership, a Delaware L imited Partnership, D/B /A Verizon W ireless,
a franchise for wireless telecommunications facilities
Councilmember B rown moved and Councilmember B aggett seconded to
adopt Ordinance No. 6721.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
B .Ordinance No. 6726 (Gaub)
A n Ordinance of the City Council of the City of A uburn, Washington, relating to the
L imited P ublic Works P rocess and amending Section 3.12.100 of the A uburn City
Code
Councilmember Trout-Manuel moved and Councilmember Brown
seconded to adopt Ordinance No. 6726.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
X I .RE S O L UT IO NS
A .Resolution No. 5450 (Thomas)
A Resolution of the City Council of the City of A uburn, Washington, authorizing the
contribution and withdrawal of City monies in the S tate of Washington L ocal
Government I nvestment Pool
Councilmember DaCorsi moved and Councilmember Baggett seconded
to approve Resolution No. 5450.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
X I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Councilmember B rown reported he has been exploring housing and
infrastructure investment opportunities for the City.
Councilmember Trout-Manuel reported she attended the A ugustFest
parade.
B .From the M ayor
Mayor Backus reported she attended the Community Picnics at E vergreen
Heights E lementary School and B rennan P ark. She also attended the last
Page 4 of 5Page 26 of 63
S ummer Cruise-I ns, and the "75 Year Celebration" at Wesley L ea Hill
Retirement Center.
X I I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:30 p.m.
A P P R O V E D this 3rd day of September, 2019.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R Teresa Mattingly, Deputy City Clerk
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.
Page 5 of 5Page 27 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
August 28, 2019
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background Summary:
Claim vouchers list dated September 3rd, 2019 which includes voucher numbers 455289
through voucher 455471 in the amount of $618,186.36 and three wire transfers in the amount
of $759,523.66.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:September 3, 2019 Item Number:CA.B
Page 28 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
August 28, 2019
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 538589 through 538605 in the amount of $577,702.86, electronic
deposit transmissions in the amount of $2,075,699.94 for a grand total of $2,653,402.80 for
the period covering August 15, 2019 to August 28, 2019, are approved for payment this 3rd
day of September, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:September 3, 2019 Item Number:CA.C
Page 29 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Setting Public Hearing for the 2020-2024 Community
Development Block Grant Consolidated Plan (Tate)
Date:
August 27, 2019
Department:
Community Development
Attachments:
Proposed Cons olidated Plan and All Public Notice
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to set the date for a Public Hearing on October 7, 2019 for the CDBG
Consolidated Plan and Analysis of Impediments to Fair Housing Choice.
Background Summary:
The City of Auburn’s Community Development Block Grant (CDBG) Citizen Participation Plan
requires Public Hearings to be held at two key stages of the Consolidated Planning process –
prior to development to gain input on what should be included, and after the Consolidated
Plan has been drafted. Staff requests that the City Council provide permission to call for a
Public Hearing for the proposed Consolidated Plan 2020-2024 Update and Analysis of
Impediments to Fair Housing Choice to be held on October 7, 2019 at 7:00pm.
The proposed Consolidated Plan and Analysis of Impediments to Fair Housing Choice are
requirements for the Department of Housing and Urban Development's CDBG Program. The
Consolidated Plan describes housing and community development needs as well as activities
to address those needs. The Analysis of Impediments to Fair Housing Choice provides an
overview of barriers to accessing Fair Housing in King County and proposes goals to address
those barriers. The Consolidated Plan includes a needs assessment, five-year strategy and
the 2020 Annual Action Plan.
The draft plan will be posted on the City’s Community Services Division webpage on
September 4, 2019, and written copies are available upon request.
Rev iewed by Council Committees:
Councilmember:Staff:Tate
Meeting Date:September 3, 2019 Item Number:CA.D
Page 30 of 63
Page 31 of 63
City of Auburn
Community Services Division
25 West Main Street, Auburn, Washington 98001 Phone: 253-931-3041
Contact: Joy Scott, Community Services Manager
Phone: 253-876-1965 Email: jfscott@auburnwa.gov
FOR IMMEDIATE RELEASE: September 4, 2019
PUBLIC NOTICE
Notice Of Public Hearing and of 30-Day Comment Period
Proposed Auburn Consolidated Plan: 2020-2024 Update and Analysis of
Impediments to Fair Housing Choice
NOTICE OF PUBLIC HEARING the Auburn City Council will hold a public hearing at 7:00
p.m. on October 7, 2019, in the Council Chambers at City Hall, located at 25 West Main Street, in
downtown Auburn about the proposed Consolidated Plan 2020-2024 Update (Consolidated Plan)
and Analysis of Impediments to Fair Housing Choice. The Consolidated Plan is inclusive of the
City of Auburn’s 2020 Annual Action Plan for Community Development Block Grant (CDBG)
projects.
The Consolidated Plan outlines proposed expenditures to implement the City’s efforts related to
its CDBG projects. It identifies federal and local funds expected to be available, indicates the
activities on which they will be spent, and sets goals for the number and type of services expected
to be provided.
The proposed Consolidated Plan and Analysis of Impediments to Fair Housing Choice are
requirements for the Department of Housing and Urban Development's (HUD) Community
Development Block Grant (CDBG) Program. The Consolidated Plan describes housing and
community development needs as well as activities to address those needs. The Analysis of
Impediments to Fair Housing Choice provides an overview of barriers to accessing Fair Housing
in King County and proposes goals to address those barriers. The Consolidated Plan includes a
needs assessment, five-year strategy and the 2020 Annual Action Plan.
NOTICE OF PUBLIC COMMENT the City of Auburn's Consolidated Plan 2020-2024 Update
and Analysis of Impediments to Fair Housing Choice is available for a 30-day public review and
comment period.
Comments may be offered in person at the public hearing on October 7, 2015. Written comments
regarding the Consolidated Plan, 2020 Annual Action Plan, or Analysis of Impediments to Fair
Housing Choice may be submitted to:
Joy Scott, Community Services Manager
25 W Main Street
Auburn, WA 98001
Page 32 of 63
The deadline for the consideration of written comments is 4:30 p.m. on October 7, 2019. Written
comments and comments from the public hearing will be addressed in the final draft of the
Consolidated Plan and Action Plan.
Copies of the Plan are available at the City of Auburn's Department of Community Development,
located on the second floor of Auburn's City Hall Annex, 1 E. Main Street, in downtown Auburn
between the hours of 8:00 a.m. and 5:00 p.m.
Written requests for a copy of the Consolidated Plan and Analysis of Impediments to Fair
Housing Choice may be mailed to the Department of Community Development, 25 West Main
Street, Auburn, WA 98001. A copy of the Plan will be provided through the mail within five (5)
working days upon request.
This notice is available in alternate formats for individuals with disabilities upon request. The
Auburn City Hall is wheelchair accessible. Reasonable accommodations at the public hearing
such as sign language interpretation or alternate formats for printed material are available for
individuals with disabilities with a minimum of 7 days advance notice.
For more information or to request a copy of the Plan, please contact Joy Scott, Community
Services Manager at 253-876-1965, email jfscott@auburnwa.gov or Kyla Wright, Human
Services Program Coordinator at 253-931-3096, email kwright@auburnwa.gov.
Page 33 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5447 (Hinman)
Date:
August 26, 2019
Department:
Administration
Attachments:
RES 5447 Surplusing Property (BD)
Exhibit A: Settlement Agreement
Exhibit B: Promis s ory Note
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Resolution No. 5447
Background Summary:
In February of 2019, Auburn initiated proceedings in King County Superior Court to seize
property pursuant to RCW 69.50.505 because the property was being used to illegally
manufacture marijuana . State law restricts the use of any such forfeited property and the
proceeds from the sale of the property to further activities related to the expansion and
improvements of controlled substance law enforcement.
The lien holder of the property has agreed to enter into a promissory note with the City
whereby it will allow for the assignment of the Deed of Trust to the City and allow the City up
to 6 months to sell the property, pay off the remaining balance of the loan principal with
accrued interest without initiating any foreclosure proceedings.
Resolution No. 5447, if adopted by City Council, authorizes the Mayor to enter into a
Settlement Agreement, execute a promissory note, and accept forfeited property on the
City’s behalf. This property is declared not necessary for law enforcement purposes and
therefore declared as surplus property and authorizes the Mayor to dispose of the property
through a fair market sale. The Resolution, execution of the associated documents, and the
sale of the property will satisfy the requirements of the promissory note, RCW 69.50.505, and
provide additional unbudgeted funding for expansion and improvement of controlled
substance related law enforcement activity.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:September 3, 2019 Item Number:RES.A
Page 34 of 63
Page 35 of 63
--------------------------------
Resolution No. 5447
August 14, 2019
Page 1 of 2 Rev. 2018
RESOLUTION NO. 5447
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON RELATED TO FORFIETED
PROPERTY; DECLARING FORFEITED REAL PROPERTY
AS SURPLUS, AND AUTHORIZING THE MAYOR TO
NEGOTIATE AND EXECUTE AGREEMENTS.
WHEREAS, on or about February 19, 2019, the City of Auburn initiated
proceedings in the King County Superior Court to seize property located at 25322
Cumberland Way, in Black Diamond, Washington, pursuant to RCW 69.50.505, as the
property was used to manufacture of marijuana; and
WHEREAS, the owners of the property have agreed to forfeit their right, title, and
interests in the real property, pursuant to a settlement agreement; and
WHEREAS, state law restricts the use of such forfeited property, and the proceeds
from the sale of the property, to further activities related to the expansion and
improvement of controlled substances law enforcement; and
WHEREAS, the Auburn Police Department has determined that law enforcement
does not require use for the property and it is in the public interest to surplus the property
and sell it for its fair market value.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to enter into a Settlement Agreement
substantially in the form of Exhibit A, to execute a Promissory Note substantially in the
form of Exhibit B, and to accept the forfeited property on behalf of the City.
Section 2. The property described below is declared to be not necessary for law
enforcement purposes, is declared to be surplus. The Mayor is authorized to dispose of
Page 36 of 63
--------------------------------
Resolution No. 5447
August 14, 2019
Page 2 of 2 Rev. 2018
the property through an appropriate fair market sale, and to deposit any remaining
proceeds in the City’s drug forfeiture fund.
25322 CUMBERLAND WAY, BLACK DIAMOND, KING COUNTY,
WASHINGTON
PARCEL NO. 563600-0020
LOT 37, MORGAN CREEK I AND IV, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 166 OF PLATS, PAGES 98 THROUGH 101,
INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
Section 3. The Mayor is authorized to implement such other administrative
procedures as may be necessary to carry out this legislation.
Section 3. This Resolution shall take effect and be in full force upon passage
and signature.
Dated and Signed this _____ day of _________________, 2019.
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 37 of 63
1
SETTLEMENT AGREEMENT
This Agreement is entered into by and between the CITY OF AUBURN,
Washington, a municipal corporation of the State of Washington (“the City”), YUHUA
WU and ZHAOWEN LIANG (“the Claimants”), and FRANK BARON, HONG FAMILY
TRUST, AND DAVID ROSE, LLC (“Lender”).
RECITALS
Yuhua Wu owns real property located at 25322 Cumberland Way in Black
Diamond, Washington (King County Tax Parcel No. 563600-0020 (“Property”)).
On or about December 11, 2018, the Auburn Police Department executed a search
warrant at the above-referenced property under APD case number 18-13348.
On February 20, 2019, the City filed a civil action in the King County Superior
Court to seize the Property, which action is currently pending under Cause No. 19-2-04606-
6KNT.
The City, Claimants, and Lender desire to settle this matter and have agreed to the
disposition of the real property in consideration of the uncertainty of litigation, and the time
and expense associated with proceeding to a trial.
AGREEMENT
For good and valuable consideration, the receipt and sufficiency of which is
mutually acknowledged, the City and Claimants agree as follows:
1. Good Faith Seizure. There was probable cause sufficient for the seizure of
the above described real property. Seizure of the property was lawful, and notice of the
seizures followed due process. It is undisputed that the Auburn Police Department acted
in good faith in pursuing the seizure and intended forfeiture of the real property.
2. Property Awarded to the City. The City is awarded real property located at
25322 Cumberland Way in Black Diamond, WA (King County parcel number 563600-
0020) through operation of this Settlement Agreement. The Property legal description is
as follows:
LOT 37, MORGAN CREEK I AND IV, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 166 OF PLATS PAGES 98
THROUGH 101, INCLUSIVE, RECORDS OF KING COUNTY,
WASHINGTON
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
Claimants agree to forfeit to the City their right, title, and interest to the property,
including all fixtures appliances, and appurtenances to the Property existing on the date of
Page 38 of 63
2
seizure, and simultaneous to execution of this Agreement execute an agreed motion and
order to dismiss superior court cause number 19-2-04606-6 KNT. Claimants agree to
provide and execute any document reasonably necessary to facilitate a transfer of the
property. City agrees to take said property in "as-is" condition and claimants give no
warranties and makes no representations regarding the condition or habitability of the
property.
3. Property Access. On the date of Claimants’ signature of this Agreement,
Claimants shall deliver to Plaintiff at 25 West Main Street, Auburn, WA, 98001, all of the
following that are in their possession: house keys, garage door openers, garage door codes,
all other security codes, and any written manuals or warranties for appliances, equipment,
or fixtures for the Property. On the date of Claimants’ signature of this Agreement, the
Claimants will provide the City access to the Property for a full inspection.
3.1 Claimants will have one opportunity to enter into the home after
execution of the Settlement Agreement to retrieve personal property (such as clothing,
suitcases, and hygiene items) within five days after execution of this Agreement.
Claimants will be required to provide at least two business days’ notice to the City of the
request to visit the home, limit the home visit to retrieve personal belongings to a two hour
window during normal business hours, and to be accompanied at all times on the Property
by two agents of the City’s choosing including one Police Officer to secure the Property.
4. Division of Gross Proceeds After Sale of the Property. The parties agree
that upon execution of this settlement agreement, the City will sell the Property. Upon the
City’s sale of the Property, the division of proceeds will be applied as follows:
4.1 Any taxes due and owing will be paid in full;
4.2 Any real estate commissions or closing costs will be paid in full;
4.3 Any utility liens, assessments including all Home Owners
Association dues and assessments, or bills due and owing will be paid in full;
4.4 Any other costs or liens secured by the property will be paid in full
including any outstanding mortgage payoff amount;
4.5 The costs, if any, of removing personal property from the home will
be paid in full, including but not limited to the cost of hiring contractors to remove personal
property and the cost of delivering and destroying personal property;
4.6 Any proceeds required to be remitted to the State Treasurer on
behalf of the seizing agency;
4.7 Legal fees incurred by Doris Eslinger, counsel representing
mortgaging entities, including Frank Baron, Hong Family Trust, and David Rose, LLC, the
holder of a Promissory Note secured by a Deed of Trust on the Property (“Lender”), as a
result of the negotiation with Parties and the sale of the Property in the amount of $1,749.35
Page 39 of 63
3
as of July 31, 2019, plus an additional amount to be paid consistent with Section 9(b) of
the Promissory Note;
4.8 Fifty (50) percent of the net sale will be retained by the City and
fifty (50) percent of the net sale will be retained by Claimants after Clauses 4.1 through 4.7
are satisfied, but in no event will Claimants sale proceeds exceed one hundred thousand
dollars ($100,000).
The City shall not accept any purchase offer without Lender’s prior written
consent if the City anticipates the proceeds of the sale is insufficient to fully satisfy the
total payment owed to Lender (i.e., outstanding principal and other costs incurred
relating to the loan). Lender agrees to forbear declaring the Deed of Trust in default
for six months after the date of the signatures on this Settlement Agreement.
5. Encumbrances. Claimants agree to be in compliance with the terms in the
Deed of Trust and Promissory Note prior to transferring the title of the said property to the
City. If Claimants are out of compliance with any term(s) in the Deed of Trust or
Promissory Note, any amount required to cure will be deducted from Claimants portion of
the sale proceeds including but not limited to, outstanding mortgage or interest payments,
hazard insurance, property insurance, lienable utilities, etc.
6. Dismissal of Lawsuit and Release of Lis Pendens. Within five (5) business
days following execution of this Agreement by all parties, the City will file a Motion and
Order of Dismissal with prejudice and without costs in King County Cause No. 19-2-
04606-6 KNT. The City will also release the recorded lis pendens under King County
recording no. 20190225000753 against the Property. The City and Claimants shall pay
their own attorneys’ fees, costs, and expenses in connection with this matter.
6. Indemnification. The Claimants shall indemnify, defend, and hold harmless
the City, its agents, and employees from and against any and all liability arising from this
forfeiture action and sale of the Property. In the event that the City shall elect to defend
itself against any claim or suit arising from this agreement, the Claimant shall, in addition
to indemnifying and holding the City harmless from any liability, indemnify the City for
any and all expenses incurred by the City in defending such claim or suit, including
reasonable attorneys’ fees.
7. Reliance Upon Own Judgment and Counsel. The City, Claimants, and
Lender have read this agreement and have knowingly, intelligently, and voluntarily entered
into said agreement with full knowledge of the consequences of such agreement. The City,
Claimants, and Lender agree that each of them was represented by counsel, or had the
opportunity to independently consult with counsel of their choosing. As such, this
agreement shall not be construed against any party as the drafter.
8. Release. The City hereby does completely and fully release, discharge, and
hold harmless Claimants from any and all demands, claims, causes of action, or potential
demands, claims, or causes of action, in law or equity, whether accrued or not and whether
Page 40 of 63
4
now known or unknown, which relate to the set of facts that give rise to King County
Superior Court Case No. 19-2-04606-6 KNT, meaning that the City agrees not to file any
further demands, claims, or causes of action against Claimants arising out of the facts that
led to the seizure and forfeiture of the real property.
9. No Admission of Liability. The Parties agree that this Agreement is a
compromise and settlement of potential and/or disputed claims, and neither this Agreement
nor any action taken to carry out this Agreement may be construed as, or used as an
admission or concession of, or constitute a finding of, civil or criminal liability, fault,
wrongdoing, or culpability by either party. Claimants deny all of the allegations contained
in King County Superior Court Case No. 19-2-04606-6 KNT, but for purposes of this
Agreement, agree that Claimants are entering into this Agreement knowingly, voluntarily
and intelligently.
10. Entire Agreement. This Agreement and the Promissory Note incorporated
in Exhibit A contains the entire agreement between the parties, and no other agreements,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist
or bind any of the parties. Either party may request changes to the Agreement. Proposed
changes which are mutually agreed upon shall be incorporated by written amendments to
this Agreement.
11. Binding on Successors and Assigns. All the terms and conditions of this
Settlement Agreement and its exhibits shall be binding upon and inure to the benefit of the
Claimants and the City and their respective heirs, successors, agents, and assigns.
12. Counterparts. This Settlement Agreement may be executed by multiple
counterparts, each of which shall be deemed an original, binding on the parties to the
Agreement, and all of which shall constitute one final agreement.
//
//
//
//
//
//
//
//
Page 41 of 63
5
13. Attorneys’ Fees. In the event of a breach or a default under this Settlement
Agreement, the breaching or defaulting party agrees to pay all attorneys’ fees and costs
incurred by the prevailing party in collecting amounts owed, or enforcing the agreement.
NANCY BACKUS, MAYOR DATE
State of Washington )
)ss.
County of King )
I certify that I know or have satisfactory evidence that NANCY BACKUS is the person
who appeared before me, and said individual acknowledged that she signed this instrument,
on oath stated that she was authorized to execute the instrument and acknowledged it as
the MAYOR OF THE CITY OF AUBURN to be the free and voluntary act for the uses
and purposes mentioned in this instrument.
Dated:
Notary Public in and for the State of Washington
Residing at
My appointment expires
APPROVED AS TO FORM:
Steven Gross, WSBA 24658 Date
City Attorney
Page 42 of 63
6
YUHUA WU DATE
State of Washington )
)ss.
County of )
I certify that I know or have satisfactory evidence that Yuhua Wu
is the person who appeared before me, and said individual acknowledged that she signed
this instrument and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in this instrument.
Dated:
Notary Public in and for the State of Washington
Residing at
My appointment expires
ZHAOWEN LIANG DATE
State of Washington )
)ss.
County of )
I certify that I know or have satisfactory evidence that Zhaowen Liang
is the person who appeared before me, and said individual acknowledged that he signed
this instrument and acknowledged it to be his free and voluntary act for the uses and
purposes mentioned in this instrument.
Dated:
Notary Public in and for the State of Washington
Residing at
My appointment expires
EMILY TYSON-SHU, WSBA 51350 DATE
ATTORNEY FOR CLAIMANTS
Page 43 of 63
7
DORIS ESLINGER, WSBA 41804 DATE
ATTORNEY FOR FRANK BARON,
HONG FAMILY TRUST, AND
DAVID ROSE, LLC
State of Washington )
)ss.
County of )
I certify that I know or have satisfactory evidence that DORIS ESLINGER is the person
who appeared before me, and said individual acknowledged that she signed this instrument,
on oath stated that she was authorized to execute the instrument and acknowledged it as
the ATTORNEY FOR FRANK BARON, HONG FAMILY TRUST, AND DAVID ROSE,
LLC to be the free and voluntary act for the uses and purposes mentioned in this instrument.
Dated:
Notary Public in and for the State of Washington
Residing at
My appointment expires
Page 44 of 63
1
EXHIBIT A TO THE SETTLEMENT AGREEMENT
PROMISSORY NOTE
FOR VALUE RECEIVED the City of Auburn (“City”) promises to pay to the order of Frank Baron
(34%), Hong Family Trust (20%), and David Rose, LLC (46%), ("Lender"), the principal sum of
Two Hundred Fifty Thousand Dollars ($250,000.00) together with interest calculated following
the date that the Settlement Agreement is signed by Lender to the date of the sale of the
Property.
1.Definitions.
a.Promissory Note: This instrument may be referred to as “the Note.”
b.Holder: The Holder of the Note is the Lender.
c.Property: This Promissory Note is secured by a first lien Deed of Trust on the
Property, recorded on December 7, 2016, under Auditor File No. 20161207002393, King
County, Washington, having a common address of 25322 Cumberland Way, Black
Diamond, Washington 98010. Legally described as:
LOT 37, MORGAN CREEK I AND IV, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 166 OF PLATS PAGES 98 THROUGH 101,
INCLUSIVE, RECORDS OF KING COUNTY, WASHINGTON
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
2.Interest Rate. All interest on the outstanding principal balance of the Loan Amount shall
be calculated on the basis of a 30-day month and a year of 360 days and at a rate of 8.50% per
annum.
3.Payoff Loan Amount. Interest shall accrue from the date the Settlement Agreement is
signed to the date of the sale of the property when the entire principal and interest shall be due
no later than six months from the date of the execution of this Settlement Agreement (“Maturity
Date”). Lender agrees to forbear declaring the Deed of Trust in default until the Maturity Date.
Interest from the date of the Settlement Agreement until the first day of the next month shall be
prorated on a per diem basis. Any unpaid interest shall be added to the principal of the Note
and compounded. The final payoff shall be made payable to Mortgage Equities Inc., the agent
of Lender, and sent to PO Box 407 Gig Harbor, WA 98335.
4.Payoff Deadline. The City shall have six (6) calendar months from the date of the
Lender signing the Settlement Agreement to pay the Payoff Loan amount in full, or if the
secured Property is sold before the Maturity Date, the Payoff Loan Amount, and all payments
incurred by Lender related to the Deed of Trust shall be disbursed to Lender by escrow at
closing. Notwithstanding anything to the contrary herein, interest shall continue to accrue
during the processing time until Lender receives the Payoff Loan Amount. The parties reserve
the right to mutually negotiate (an) extension(s) of the payoff deadline. If full timely payment is
not made under the Note, default interest shall be charged at 18% per annum. All default
interest will be added to the principal of the note. Timely payment includes six calendar months
plus an additional 4-6 weeks for the City to process a check and deliver it to Mortgage Equities,
Inc.
5.Pre-payment. This Note may be prepaid in whole or in part, at any time without penalty.
Page 45 of 63
2
6.Reconveyance. The City will pay the Lender two hundred thirty dollars ($230) for any
request for reconveyance and the processing of the reconveyance.
7.Commercial Purpose. This Note is not primarily for personal, family or household
purposes. This Note is for business, commercial and investment purposes. It is the specific
intent of the undersigned and the Holder that this Note bear a lawful rate of interest, and if any
court of competent jurisdiction should determine that the rate provided for in the Note exceeds
that which is statutorily permitted for the type of transaction evidenced by the Note, the interest
rate shall be reduced to the highest rate permitted by applicable law, with any excess interest
previously collected applied against the principal, or if the principal has been fully repaid,
returned to the City on demand.
8.No Waiver. The waiver by the Holder of any term, covenant or condition herein
contained shall not be deemed to be a waiver of such term, covenant or condition on any
subsequent breach of the same or any other term, covenant or condition herein contained. The
subsequent acceptance of payments hereunder by the Holder shall not be deemed to be a
waiver of any preceding breach by the undersigned of any term, covenant or condition of the
Note other than the failure of the undersigned to make the particular payment so accepted,
regardless of Holder's knowledge of such preceding breach at the time of the acceptance of
such payment. The acceptance of a partial payment by the Holder shall not be deemed a
waiver.
9.Attorneys’ fees. In the event litigation is instituted, declaratory or otherwise in connection
with or arising out of the Note, the prevailing party will be awarded the costs thereof and
attorneys' fees actually incurred which may be determined and fixed by a court as part of the
judgment.
a.The parties agree that all pre-litigation consultation fees incurred by counsel for
the Holder of the note to the date of the Settlement Agreement will be paid according to
paragraph 4.7 of the Settlement Agreement.
b.The parties further agree that all pre-litigation consultation fees incurred by
counsel for the Holder of the Note from the date of the Settlement Agreement to the
date of the reconveyance will be the responsibility of the City. This amount is not to
exceed $1,000 and may be increased, if necessary, upon prior written agreement of the
Parties.
10. Jurisdiction. This Note shall be construed under the laws of the State of Washington and
the undersigned agrees that they will be subject to the jurisdiction of the State of Washington
and that if any litigation ensues in connection with or arising out of the Note, such litigation shall
take place in the Superior Court of King County for the State of Washington.
11. Waiver of jury trial. The Parties irrevocably waive any right to a trial by jury.
//
//
//
Page 46 of 63
3
NOTICE: ORAL AGREEMENTS, PROMISES OR COMMITMENTS TO LEND MONEY, TO
EXTEND CREDIT, TO MODIFY OR AMEND THE TERMS UNDER WHICH MONEY WAS
LENT OR CREDIT WAS EXTENDED, TO RELEASE ANY GUARANTOR TO FORBEAR WITH
RESPECT TO THE REPAYMENT OF ANY DEBT OR THE EXERCISE OF ANY REMEDY, OR
TO MAKE ANY OTHER FINANCIAL ACCOMMODATION PERTAINING TO A DEBT OR
OTHER EXTENSION OF CREDIT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
EXECUTED on the day of , 2019.
CITY OF AUBURN
____________________________
Nancy Backus, Mayor
LENDERS
____________________________
Doris Eslinger on behalf of
Frank Baron, Hong Family Trust,
and David Rose, LLC
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 47 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5451 (Gaub)
Date:
August 26, 2019
Department:
Public Works
Attachments:
Res olution No. 5451
Exhibits A & B
Staff Report
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5451 for Right-of-Way Vacation No. V2-19 for the Auburn
School District
Background Summary:
The Auburn School District has applied to the City for vacation of the unopened right-of-way
located at 130th Avenue SE, between SE 304th Street and SE 302nd Place, described in
Exhibit “A” and shown on Exhibit “B”. The applicant either owns the adjacent property or is in
the process of acquiring it and is proposing to incorporate the right-of-way into development
of the adjacent property for construction of a new school.
The application has been reviewed by City staff and utility purveyors who have an interest in
this right-of-way. Through this review City staff has determined that the right-of-way is no
longer necessary to meet the needs of the City and could be vacated.
Resolution No. 5451, if adopted by City Council, sets the date of the public hearing for
Vacation No. V2-19 for October 7, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:September 3, 2019 Item Number:RES.B
Page 48 of 63
----------------------------
Resolution No. 5451
ROW Vacation #V2-19
August 12, 2019
Page 1
RESOLUTION NO. 5451
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER THE VACATION OF RIGHT-OF-WAY OF
130TH AVENUE SE, BETWEEN SE 304TH STREET AND
SE 302ND PLACE, WITHIN THE CITY OF AUBURN,
WASHINGTON.
WHEREAS, the City of Auburn, Washington, has received a petition signed by
owners of at least two-thirds (2/3) of the property abutting the right-of-way at the location
of 130th Avenue SE between SE 304th Street and SE 302nd Place, within the City of
Auburn, Washington, requesting that the right-of-way be vacated; and,
WHEREAS, Section 35.79.010 of the Revised Code of Washington, requires that
the City set a hearing on vacation by Resolution, with the date of the hearing being not
more than sixty (60) days nor less than twenty (20) days after the date of passage of such
Resolution.
WHEREAS, this Resolution is consistent with Auburn City Code 12.48.070 and
calls for a public hearing to consider the proposed vacation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. That a hearing on the vacation of right-of-way at the location of 130th
Avenue SE between SE 304th Street and SE 302nd Place, within the City of Auburn,
Washington, legally described as follows:
Page 49 of 63
----------------------------
Resolution No. 5451
ROW Vacation #V2-19
August 12, 2019
Page 2
A PORTION OF THE WEST HALF OF THE SOUTHEAST
QUARETER OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
THAT PORTION OF 130TH AVENUE SOUTHEAST, BEING
A RIGHT OF WAY 30 FEET IN WIDTH ACCORDING TO
THE PLAT OF VINTAGE HILLS DIVISION V, AS
RECORDED IN VOLUME 199 OF PLATS AT PAGES 94-98,
LYING SOUTHERLY OF THE EASTERLY EXTENSION OF
THE SOUTHERLY MARGIN OF SOUTHEAST 302ND
PLAVE AND LYING NORTHERLY OF THE NORTHERLY
MARGIN OF SOUTHEAST 304TH STREET.
CONTINING 12,490 SQUARE FEET MORE OR LESS.
[Also identified as Exhibit “A”.]
and as shown on the document attached, marked as Exhibit “B”, is set for 7:00 p.m. on
the 7th day of October 2019, at the City Council Chambers at 25 West Main Street,
Auburn, Washington, 98001, with all persons wishing to speak to the vacation at the
public hearing being invited to attend.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation, including posting
notice of the 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.
Page 50 of 63
----------------------------
Resolution No. 5451
ROW Vacation #V2-19
August 12, 2019
Page 3
DATED and SIGNED this day of , 2019.
CITY OF AUBURN
______________________________________
NANCY BACKUS
Mayor
Attest:
___________________________________
Shawn Campbell, City Clerk
Approved as to Form:
_____________________________
Steven L. Gross, City Attorney
Page 51 of 63
EXHIBIT A
130th AVE SE RIGHT OF WAY VACATION
LEGAL DESCRIPTION EXHIBIT
A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
THAT PORTION OF 130TH AVENUE SOUTHEAST, BEING A RIGHT OF WAY 30 FEET IN WIDTH
ACCORDING TO THE PLAT OF VINTAGE HILLS DIVISION V, AS RECORDED IN VOLUME 199 OF
PLATS AT PAGES 94-98, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE SOUTHERLY
MARGIN OF SOUTHEAST 302ND PLACE AND LYING NORTHERLY OF THE NORTHERLY MARGIN
OF SOUTHEAST 304TH STREET.
CONTAINING 12,490 SQUARE FEET MORE OR LESS.
Page 52 of 63
EXHIBIT "B"
130TH AVE SE RIGHT OF WAY
VACATION DEPICTION EXHIBIT
44101, ipaedVawm.,I,aW,A.4.".;VANWAI
11111141111111Pi:4
410 •
VINATACE HILLS DIV. V
VOL 199, PGS 94-98
LOT 21
30'
VACATED ROW
12,490 SF
1--- T. -
- -I 1
I
APN
04210590053
1
1
I __I
1 T
APN
04210590063
g • -
APN
04210590015
GRAPHIC GRAPHIC SCALE
0 50 100 200 FEET
1" = 100 FEET
THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION
OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT
BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE
LEGAL DESCRIPTION SHALL PREVAIL.
SOUTHEAST 304TH STREET pm OE
\ —Fail AMP
JOB NO. 2180950
May 6, 2019
RIGHT OF WAY VACATION
LEGAL BY: TD EXHIBIT BY: TD
w: \sclakproj \ 2018 \ 2180950 \130th vocatIon.dwg
2215 North 30th Street,
Suite 300,
Tacoma, WA 98403
253.383.2422 TEL
253.383,2572 FAX
VINATAGE HILLS DIV. V
VOL 199, PGS 94-98
SOUTHEAST 302ND PL
9
8
-
ZO C
Page 53 of 63
1 of 2
8/27/2019
V2-19 Staff Report
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V2-19
Applicant: Auburn School District
Property Location: Rights-of-Way of 130th Avenue SE between SE 304th Street and SE 302nd Place.
Description of right-of-way:
This ROW proposed for vacation consists the unopened 30 foot right-of-way of 130th Avenue SE between SE
304th Street and SE 302nd Place. The ROW is adjacent to Parcel No. 0421059063 and 8946700210 on the west
side and Parcel No. 0421059015 on the east side. The Auburn School District owns Parcel No. 0421059063 and
0421059015 and is in the process of acquiring Parcel No. 8946700210l. It is bordered on the north and south by
right-of-way. The total area of ROW proposed for vacation is 12,490 (+/-) square feet.
The unopened 30 foot ROW of 130th Avenue SE was dedicated to the City for street purposes by the plat of
Vintage Hills Division V on May 8, 2001 and recorded in Vol 199 of Plats, Page 94-98, Recording No.
20010508001335 records of King County.
See Exhibits “A” and “B” for legal description and map.
Proposal:
The Applicant proposes to vacate the above described rights-of-way and incorporate it into development of the
adjacent parcels for construction of a new school.
Applicable Policies & Regulations:
• RCW’s applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this proposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
• Comprehensive Plan Policy - not affected.
• City Zoning Code - not affected.
Public Benefit:
• The street vacation decreases the right-of-way maintenance obligation of the City.
• The vacated area may be subject to property taxes.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff.
1. Puget Sound Energy (PSE) – PSE currently has overhead electric facilities in the proposed vacation area.
Please reserve easements for PSE in the vacation ordinance.
2. Comcast – Comcast has no objection to the proposed vacation.
3. CenturyLink – No Comments received.
4. Water – The City has an 8” water main in that location. The School District will need to replace this line
with a larger one and the location will likely change, but an easement will be required for the existing line
until such time as a new line and new easements are in place.
5. Sewer – Sewer does not have any facilities in the vacation area.
6. Storm –No comments.
7. Transportation – No comments.
8. Planning – No comments.
9. Fire – No comments.
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8/27/2019
V2-16 Staff Report
10. Police – No comments.
11. Streets – No comments.
12. Construction –No comments.
13. Innovation and Technology – No comments.
Assessed Value:
ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the city engineer to be greater than $2,000, the applicant will be required to provide the city with an
appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves
the right to have a second appraisal performed at the city’s expense.” Note: The city engineer has not required
an appraisal for the value of this right-of-way since the right-of-way was originally acquired through dedication of
a Plat at no cost to the City and the ROW has never been opened for public use.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
1. A public utility easement shall be reserved for Puget Sound Energy electrical facilities along the entire
length and width of the vacated ROW.
2. A public utility easement shall be reserved for City of Auburn water facilities along the entire length and
width of the vacated ROW.
3. Staff recommends that compensation for the value of the right-of-way not be required since the right-of-
way was originally acquired through dedication of a Plat at no cost to the City and it has never been
opened for public or street use or maintained by the City.
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377.8
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet377.8188.90
1:2,267
ROW Vacation #V2-19 Auburn School District - 130th Ave SE
1in =189 ft
8/13/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy. Page 56 of 63
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5453 (Hinman)
Date:
August 27, 2019
Department:
Administration
Attachments:
RES 5453 One Stop Shop
Letter of Intent
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to approve Resolution No. 5453
Background Summary:
For the last decade, City staff and elected officials have had a variety of conversations about
the goal of establishing a consolidated hub where disadvantaged members of our community
could more efficiently obtain a variety of community, social and human services. The City has
an opportunity to enter into a long-term lease of approximately 23,000 square feet of existing
building space located at 2802-2818 Auburn Way North where this vision can be brought to
reality.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:September 3, 2019 Item Number:RES.C
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--------------------------------
Resolution No. 5453
DATE
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5 4 5 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
NEGOTIATE AND EXECUTE AGREEMENTS RELATED TO
THE AUBURN CONSOLIDATED RESOURCE CENTER
WHEREAS, for the last decade City staff and elected officials have had a variety
of conversations about the goal of establishing a consolidated hub where disadvantaged
members of our community could more efficiently obtain a variety of community, social
and human services; and,
WHEREAS, the City has an opportunity to enter into a long-term lease of
approximately 23,000 square feet of existing building space located at 2802-2818 Auburn
Way North; and,
WHEREAS, there are remaining funds in the 2019 -2020 budget available for this
project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Council approves of the “Auburn Consolidated Resource
Center” (Center) concept. The purpose of the center is to co-locate a variety of
community, social, and human services providers to improve coordination among them,
and to make it easier to access those services.
Section 2. The Mayor is authorized to negotiate and execute a lease agreement
between the City of Auburn and Benson W. and Kaye M Liu in substantial conformity with
the Letter of Intent attached as Exhibit A.
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--------------------------------
Resolution No. 5453
DATE
Page 2 of 2 Rev. 2019
Section 3. The Mayor is authorized to negotiate and execute sublease
agreements with tenants.
Section 4. The Mayor is authorized to negotiate and execute sponsorship
agreements with funding partners.
Section 5. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 6. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
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