HomeMy WebLinkAbout09-16-2019 CITY COUNCIL AGENDACity Council Meeting
September 16, 2019 - 7:00 P M
City Hall Council Chambers
AGE ND A
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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 IO NS
I I I .AG E ND A M O D I F IC AT I O NS
I V.C I T I ZE N INP 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 P articipation
Thi s i s the place on the agenda where the public is invited to speak to the City
Counci l on any issue. Those wi shi ng to speak are reminded to sign in on the form
provi ded.
C .C orrespondence - (T here is no correspondence for Council review.)
V.C O UNC IL AD HO C C O M M IT T E E RE P O RT S
C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council
C ommittees' progress on assigned tasks and may give their recommendation to the
C ity Council, if any.
1.F inance A d Hoc Committee (Chair Wales)
V I .C O NS E NT AG E ND A
All matters l isted on the Consent Agenda are considered by the City Council to be
routine and wi ll be enacted by one moti on in the form listed.
A.Minutes of the A ugust 26, 2019 S tudy Session
B.Minutes of the September 3, 2019 C ity C ouncil Meeting
C .C laim Vouchers (T homas)
C laim voucher list dated S eptember 16, 2019 which includes voucher numbers
455472 through 455658 in the amount of $5,070,888.14 and one wire transf er in the
amount of $525,972.09.
Page 1 of 44
D .P ayroll Vouchers (Thomas)
P ayroll check numbers 538606 through 538620 in the amount of $235,301.89,
electronic deposit transmissions in the amount of $2,085,002.57 f or a grand total of
$2,320,304.46 for the period covering A ugust 29, 2019 to S eptember 11, 2019.
(RE C O M M E ND E D AC T IO N: M ove to approve the C onsent Agenda.)
V I I .UNF I NI S HE D B US I NE S S
V I I I .NE W B US INE S S
I X.RE S O L UT IO NS
A.R esolution No. 5454 (Tate)
A R esolution of the City Council of the C ity of A uburn, Washington, declaring the city’s
intent to adopt legislation to authorize a sales and use tax f or af f ordable and supportive
housing
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5454.)
X .O RD I NANC E S
A.Ordinance No. 6727 (Gaub)
A n O rdinance of the City Council of the C ity of A uburn, Washington, granting New
C ingular W ireless P C S L L C, a f ranchise f or wireless telecommunications f acilities
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6727.)
B.Ordinance No. 6732 (Tate)
A n O rdinance of the City Council of the C ity of A uburn, Washington related to sales
and use taxes; authorizing an additional sales and use tax f or af f ordable and supportive
housing, and amending Chapter 3.60 of the A uburn City C ode
(RE C O M M E ND E D AC T IO N: M ove to adopt Ordinance No. 6732.)
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 ti me the Mayor and City Council may report on significant i tems associated with
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
B.Fr om 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 revi ew
at the City Clerk's Office.
Page 2 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the August 26, 2019 Study Session
Date:
September 12, 2019
Department:
City Council
Attachments:
08-26-2019 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 16, 2019 Item Number:CA.A
Page 3 of 44
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
August 26, 2019 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor Peloza called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street in A uburn.
A .Roll Call
Councilmembers present: Deputy Mayor Bill P eloza, Bob B aggett, L arry
B rown, Claude DaCorsi, J ohn Holman, Yolanda Trout-Manuel and L argo
Wales.
Mayor Nancy Backus and the following department directors and staff
members were present: City Attorney Steve Gross, Director of
A dministration Dana Hinman, Director of Human Resources and Risk
Management Candis Martinson, Director of Public Works I ngrid Gaub,
Director of Community Development J eff Tate, Director of P arks, A rts,
and Recreation Daryl F aber, Director of I nnovation & Technology David
Travis, Right-of-Way S pecialist Amber P rice, Real P roperty Analyst J osh
A rndt, Chief of Police B ill Pierson, Police Commander Daniel O'Neil,
P olice Commander David Colglazier, and Deputy City Clerk Teresa
Mattingly.
I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There was no announcement, report or presentation.
I I I .A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Draft Ordinance No. 6727 (Gaub) (5 Minutes)
A n Ordinance of the City Council of the City of A uburn, Washington, granting New
Cingular W ireless P C S, L L C, a franchise for wireless telecommunications facilities
S pecialist P rice presented Council with an update on Draft Ordinance No.
6727 regarding New Cingular W ireless P C S , L L C's application for a
Franchise A greement to construct a small wireless facilities network within
the City's right-of-way. She discussed what services would be provided,
location of facilities, license agreement requirements for using City owned
poles, the City's review and permitting process, and the next step which
Page 1 of 3Page 4 of 44
includes a P ublic Hearing on September 3, 2019.
Council discussed F ranchise Agreement fees, who is responsible for tree
trimming around the poles and wireless facilities and how other cities
handle F ranchise Agreements.
S pecialist P rice and Director Gaub advised Council that the City charges
an application fee, Franchise renewal fees, and recovers annual
administrative costs, which includes actual staff time.
B .One S top S hop A pproach (Hinman) (20 Minutes)
Discussion on future homeless and human services in Auburn
Director Hinman presented Council with an update on the One S top S hop
approach and discussed the importance and benefits of providing services
to disadvantaged members of our community at one convenient location.
S he also discussed potential services, service providers, the proposed
lease terms and negotiation process for an existing building at 2802-2818
A uburn Way North, A uburn's vision for the resource center and the next
steps which include, obtaining funding partners and tenants.
Council discussed how 2802-2818 A uburn Way North is zoned, potential
clients, tenants and services, and the benefits of having the resource
center at this location.
Director Tate advised Council that 2802-2818 A uburn Way North is zoned
heavy commercial and meets all zoning requirements.
C.2019 F ireworks Report (Pierson) (20 Minutes)
Chief Pierson and Commander O'Neil presented Council with a review of
the 2019 Fireworks and discussed the 2019 objectives, staffing, calls for
service, calls by district, number of arrests and reports made from J une
through J uly 5th, the year end results and the plan for 2020.
Council discussed their concerns about the number of complaints they
receive from their neighbors regarding illegal fireworks, the hold time when
calling 911, and police response time. Council also discussed the option
of extending the hours of the discharge area or moving it to a less
congested area, banning fireworks in A uburn, and ways to educate the
public on the dangers of fireworks.
Council requested a report on which neighboring cities ban fireworks and
their 2019 year end results.
I V.F I NA NC E, T E C HNO L O G Y A ND E C O NO MI C D E V E L O P ME NT D I S C US S I O N I T E MS
A .I T Update (Travis) (20 Minutes)
Councilmember Wales presided over this section of the meeting.
Page 2 of 3Page 5 of 44
Director Travis provided Council with an update on I T and discussed the
changes they have made within their department including; creating a
B usiness S uccess Team, Technical Services Team, and a temporary
P roject L ead position. He also discussed the progress they have made on
automating several processes, such as the new employee on-boarding,
and reviewed major active projects
Council discussed the option of providing an onboarding class for new
Councilmembers, the number of I T employees, the new email system and
discussed how secure the City of A uburn's overall system is.
Director Travis advised Council that he feels that we are in a better place
as far as security goes, but things change everyday, so I T is continually
working on security updates.
V.O T HE R D I S C US S I O N I T E MS
There was no other discussion.
V I .NE W B US I NE S S
There was no new business.
V I I .MAT R I X
A .Matrix
Council discussed the Matrix and changed the date on the F ireworks
Update to T B D. No other changes were made.
V I I I .A D J O UR NME NT
There being no further discussion, the meeting was adjourned at 6:57 p.m.
A P P R O V E D this 16th day of S eptember, 2019.
_____________________________ ____________________________
B I L L P E L O Z A , D E P UT Y 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 3 of 3Page 6 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 3, 2019 City Council Meeting
Date:
September 12, 2019
Department:
City Council
Attachments:
09-03-2019 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 16, 2019 Item Number:CA.B
Page 7 of 44
City Council Meeting
September 3, 2019 - 7:00 P M
City Hall Council Chambers
MINUT E S
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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: Deputy Mayor Bill P eloza, Bob B aggett, Claude
DaCorsi, and J ohn Holman. Councilmembers L arry Brown, Yolanda Trout-
Manuel and L argo Wales were excused.
Mayor Nancy Backus and the following department directors and staff
members were present: City Attorney Steve Gross, Director of Finance
J amie T homas, Director of Administration Dana Hinman, Director of Public
Works I ngrid Gaub, Director of I nnovation & Technology David Travis,
Real Property A nalyst J osh Arndt, Commander Daniel O'Neil, and City
Clerk S hawn Campbell.
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 .Constitution Week P roclamation
Mayor Backus to proclaim September 17-23, 2019 as "Constitution Week" in the city
of Auburn
Mayor Backus read and proclaimed September 17-23, 2019 as
Constitution Week in the city of A uburn to Hilda Maryhew from the
Daughters of the American Revolution L akota Chapter.
Ms. Maryhew gave a brief history on the Women's Right to vote in America.
S he thanked the Mayor and Council for their support and presented them
with a bell to ring on S eptember 17, 2019 to commemorate Constitution
Day.
B .National Recovery Month Proclamation
Mayor Backus to proclaim September 2019 as "National Recovery Month" in the city of
A uburn
Page 1 of 6Page 8 of 44
Mayor Backus read and proclaimed September 2019 as National
Recovery Month in the City of Auburn to K athleen Murphy from King
County Behavioral Health and Recovery Division, Debbie Christian from
Ray of Hope and Oleg P ynda from Ukrainian Community Center of
Washington.
Ms. Christian, Ms. Murphy and Mr. P ynda discussed the benefits of the
resources they provide and thanked the Mayor and Council for their support
and the proclamation.
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
Deputy Mayor Peloza moved and Councilmember B aggett seconded to
appoint Philip Hernandzez to the Tourism B oard.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
I V.AG E ND A M O D I F IC AT I O NS
There were 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
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
Mayor B ackus opened the public hearing at 7:16 p.m.
Greg B ush, W ireless Policy Group, I ssaquah
Mr. B ush thanked the Mayor, Council and staff for their support, and
discussed how the small wireless facilities are critical to keep up with
demand and move forward.
T here being no one else to speak the Mayor closed the public
hearing at 7:18 p.m.
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 2 of 6Page 9 of 44
Timothy Miller, Auburn
Mr. Miller stated he does not use the shelters due to health concerns. He
shared concerns about the day center and suggested the City provide a
site for tents, campers and motorhomes.
Roy Armstrong, 816 F S t S E , Auburn
Mr. A rmstrong stated he had a water leak at his property. He asked for
additional consideration on the required time frame for a leak adjustment.
Mike Morry, 2536 I S T NE , Auburn
Mr. Morry stated he is currently living at the Ray of Hope. He expressed his
appreciation for the facility and the services it provides. He also discussed
how Ray of Hope has helped build him back up and removed the stigma of
being homeless.
K en Washington, 2536 I St NE, A uburn
Mr. Washington stated the staff at Ray of Hope help people feel welcome.
He also spoke about the resources and help the programs have provided
him.
B ob Holt, 10417 S E 302nd St, Auburn
Mr. Hult stated he volunteers at the F ood B ank and hopes the City is able
to house all of the resources in one location.
Lynn Snyder, 40513 264th Ave S E, Enumclaw
Ms. S nyder stated she participates in the "Thursday Night's Dinner"
and feels the city of A uburn is a mentor of the neighboring cities.
S he expressed her appreciation for the work the City is doing to provide
community services to people in need.
C.Correspondence
T here 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)
Councilmember DaCorsi reported he and Councilmember Wales have
reviewed the claims and payroll vouchers described on the Consent
A genda 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.
Page 3 of 6Page 10 of 44
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
Deputy Mayor Peloza moved and Councilmember DaCorsi 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.
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
Deputy Mayor Peloza moved and Councilmember Holman seconded to
adopt Resolution No. 5447.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
B .Resolution No. 5451 (Gaub)
A Resolution of the City Council of the City of A uburn, Washington, setting a public
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
Councilmember DaCorsi moved and Councilmember Holman seconded to
Page 4 of 6Page 11 of 44
adopt Resolution No. 5451.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
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
Councilmember Holman moved and Councilmember Baggett seconded to
adopt Resolution No. 5453.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
Mayor Backus thanked the Council, volunteers, participants and staff for
their hard work to accomplish this program.
Councilmember DaCorsi stated this is a very personal topic and is excited
about the ability to be able to help where help is needed.
Deputy Mayor Peloza discussed what a wonderful opportunity it is for the
City of Auburn to be able to provide a One S top S hop resource center.
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
Deputy Mayor Peloza reported he attended the P hilippine Heritage Event
at the Nealy Mansion.
Councilmember DaCorsi shared information about Elizabeth Cady S tanton
and the role she played as one of the first leaders of the woman's rights
movement.
B .From the M ayor
Mayor Backus reported she attended the P ioneer Cemetery Dedication
Ceremony, the memorial service for B arbie Sharrard, and the Church of the
Nazarene "One Neighborhood" open house event. She also shared she
will participate in a press conference to announce an interlocal agreement
between King County and the City of Seattle for the Regional Governance
model for homelessness.
X I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:56 p.m.
Page 5 of 6Page 12 of 44
A P P R O V E D this 16th day of S eptember, 2019.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, 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 6 of 6Page 13 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
September 11, 2019
Department:
Finance
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 voucher list dated September 16, 2019 which includes voucher numbers 455472
through 455658 in the amount of $5,070,888.14 and one wire transfer in the amount of
$525,972.09.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:September 16, 2019 Item Numb er:CA.C
Page 14 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
September 11, 2019
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers.
Background Summary:
P ayroll check numbers 538606 through 538620 in the amount of $235,301.89, electronic
deposit transmissions in the amount of $2,085,002.57 for a grand total of $2,320,304.46 f or
the period covering August 29, 2019 to September 11, 2019.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:September 16, 2019 Item Numb er:CA.D
Page 15 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5454 (Tate)
Date:
September 10, 2019
Department:
Community Development
Attachments:
Item 1 Res olution 5454 HB 1406 Statement of
Intent
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Schedule Resolution 5454 and Ordinance 6732 f or City Council action on September 16,
2019.
Background Summary:
On July 22, 2019 staff provided City Council with an overview of HB 1406 which allows cities
to capture a portion of sales tax that is already being levied and collected provided that it is
used to support af f ordable housing objectives. I f adopted, the City of Auburn will capture
approximately $155,000 annually that can be directed towards a variety of af f ordable housing
initiatives. City Council expressed support f or staff to prepare the requisite resolution and
ordinance for future consideration of adoption.
Pursuant to the legislation, a local municipality must adopt (1) a Resolution of intent to
authorize the maximum capacity of the tax (Resolution 5454), and (2) legislation (e.g. an
Ordinance) to authorize the maximum capacity of the tax (Ordinance 6732). HB 1406 does
not preclude a local municipality from taking both actions on the same date which is why staf f
has provided both items. I t is important to note that Council would have to take action on the
Resolution f irst and Ordinance second.
I f the Ordinance is adopted, Chapter 3.60 of the Auburn City Code will be amended to
include language that authorizes the capture of state sales tax revenues for a twenty year
period of time. It also clarifies that these funds must be used for af f ordable housing
objectives that are consistent with HB 1406.
Also, if Ordinance 6732 is adopted, City staff will f ollow the procedures outlined in HB 1406
f or proper notif ication to the W ashington State Department of Revenue.
Resolution 5454 and Ordinance 6732 were presented to City Council during the September
9, 2019 Study Session. City Council requested that both matters move forward to the
September 16, 2019 City Council meeting for consideration of adoption.
Rev iewed by Council Committees:
Councilmember:DaCorsi Staff:Tate
Page 16 of 44
Meeting Date:September 16, 2019 Item Numb er:RES.A
Page 17 of 44
--------------------------------
Resolution No. 5454
September 10, 2019
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, DECLARING THE CITY’S
INTENT TO ADOPT LEGISLATION TO AUTHORIZE A
SALES AND USE TAX FOR AFFORDABLE AND
SUPPORTIVE HOUSING
WHEREAS, in the 2019 Regular Session, the Washington State Legislature
approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of
2019) (“SHB 1406”); and
WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose
a local sales and use tax for the acquisition, construction, or rehabilitation of affordable
housing or facilities providing supportive housing, for the operations and maintenance
costs of affordable or supportive housing, or, if eligible, for providing rental assistance to
tenants; and
WHEREAS, the tax will be credited against state sales taxes collected within the
City and, therefore, will not result in higher sales and use taxes within the City and will
represent an additional source of funding to address housing needs in the City; and
WHEREAS, SHB 1406 requires the governing body to adopt a resolution of
intent to authorize the maximum capacity of the tax within six months of its effective
date, or January 28, 2020. It also requires the governing body to adopt legislation to
authorize the maximum capacity of the tax within twelve months of the effective date of
SHB 1406, or July 28, 2020; and
WHEREAS, as required by SHB 1406, this resolution declares the City Council’s
intent to impose a local sales and use tax as authorized by SHB 1406;
Page 18 of 44
--------------------------------
Resolution No. 5454
September 10, 2019
Page 2 of 2 Rev. 2019
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. Resolution of Intent. The City Council declares its intent to adopt
legislation to authorize the maximum capacity of the sales and use tax authorized by SHB
1406 within one year of the effective date of SHB 1406, or by July 28, 2020.
Section 2. Further Authority; Ratification. All City officials, their agents, and
representatives are authorized and directed to take any action to carry out the terms of
this resolution. All acts taken consistent with the authority of this resolution but prior to its
effective date are ratified.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Steven L. Gross, City Attorney
Page 19 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6727 (Gaub)
Date:
August 14, 2019
Department:
Public Works
Attachments:
Ordinance No. 6727 Franchis e Agreement No.
FRN19-0014
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council introduce and adopt Ordinance No. 6727 f or Franchise Agreement No. FRN19-
0014 for New Cingular Wireless PCS, LLC.
Background Summary:
Section 20.06.010, Auburn City Code requires a franchise of any commercial utility or
telecommunications operator or carrier or other person who wants to use public ways of the
City and to provide telecommunications or commercial utility services to any person or area
of the City.
New Cingular W ireless PCS, LLC has applied for a Franchise Agreement to be able to
construct within the City’s rights-of-way a small wireless facilities network. New Cingular
Wireless wants to provide personal wireless telecommunications and data communications
services for the benefit of wireless communications subscribers in and around the City of
Auburn.
The initial proposed build-out includes multiple locations throughout the City on City owned
poles and PSE owned poles. The applicant is requesting the entire City as the proposed
f ranchise area so that they can build out their small cell network. Exact locations, plans,
engineering and construction schedules would be reviewed, approved and managed through
the City’s permitting processes that are a requirement of the Franchise Agreement.
A staff presentation was given at the August 26th 2019, Study Session discussing Draft
Ordinance No. 6727. A Public Hearing to consider this application and hear public comment
was held bef ore the City Council on September 3, 2019, in accordance with Auburn City
Code Chapter 20.06.030.
Ordinance No. 6727, if adopted by City Council, approves Franchise Agreement No. FRN19-
0014 subject to terms and conditions outlined in the Ordinance.
Rev iewed by Council Committees:
Page 20 of 44
Councilmember:Staff:Gaub
Meeting Date:September 16, 2019 Item Numb er:ORD.A
Page 21 of 44
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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 22 of 44
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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 Grantee may
continue to operate any existing Grantee Facilities under the terms of this
Franchise for the remaining period set forth under Section 3.
G. The Grantee agrees that its use of Franchise Area shall at all times
be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
Section 2. Notice
A. Written notices to the parties shall be sent by 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
Page 23 of 44
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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 reviewing
a current application, and the Grantee shall only submit those materials deemed
necessary by the City to address changes in the Grantee Facilities or
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
Page 24 of 44
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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-Way 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 25 of 44
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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 guarantees
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-W ay 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 26 of 44
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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-Way 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. Any such general vegetation
clearing will require a land-clearing permit.
Section 7. Repair and Emergency Work
In the event of an emergency, the Grantee may commence 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 27 of 44
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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
Page 28 of 44
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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 exists, 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 plans 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 29 of 44
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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. Where other utilities
are present and involved in the undergrounding project, Grantee shall only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Grantee Facilities.
Common costs shall include necessary costs for common trenching and utility
vaults. Fair share shall be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Indemnification and Hold Harmless
A. The Grantee shall defend, indemnify, and hold the City and its
officers, officials, agents, 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 30 of 44
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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 direction 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 this
Franchise, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder
by the Grantee, its officers, officials, and employees in the amounts and types set
forth below:
Page 31 of 44
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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.
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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 obligations
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 33 of 44
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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 from 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 34 of 44
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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 35 of 44
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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.
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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 after 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 37 of 44
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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 38 of 44
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6732 (Tate)
Date:
September 10, 2019
Department:
Community Development
Attachments:
Item 2 Ordinance 6732 HB 1406 Authorization
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Schedule Resolution 5454 and Ordinance 6732 f or City Council action on September 16,
2019.
Background Summary:
On July 22, 2019 staff provided City Council with an overview of HB 1406 which allows cities
to capture a portion of sales tax that is already being levied and collected provided that it is
used to support af f ordable housing objectives. I f adopted, the City of Auburn will capture
approximately $155,000 annually that can be directed towards a variety of af f ordable housing
initiatives. City Council expressed support f or staff to prepare the requisite resolution and
ordinance for future consideration of adoption.
Pursuant to the legislation, a local municipality must adopt (1) a Resolution of intent to
authorize the maximum capacity of the tax (Resolution 5454), and (2) legislation (e.g. an
Ordinance) to authorize the maximum capacity of the tax (Ordinance 6732). HB 1406 does
not preclude a local municipality from taking both actions on the same date which is why staf f
has provided both items. I t is important to note that Council would have to take action on the
Resolution f irst and Ordinance second.
I f the Ordinance is adopted, Chapter 3.60 of the Auburn City Code will be amended to
include language that authorizes the capture of state sales tax revenues for a twenty year
period of time. It also clarifies that these funds must be used for af f ordable housing
objectives that are consistent with HB 1406.
Also, if Ordinance 6732 is adopted, City staff will f ollow the procedures outlined in HB 1406
f or proper notif ication to the W ashington State Department of Revenue.
Resolution 5454 and Ordinance 6732 were presented to City Council during the September
9, 2019 Study Session. City Council requested that both matters move forward to the
September 16, 2019 City Council meeting for consideration of adoption.
Rev iewed by Council Committees:
Councilmember:DaCorsi Staff:Tate
Page 39 of 44
Meeting Date:September 16, 2019 Item Numb er:ORD.B
Page 40 of 44
‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐
Ordinance No. 6732
September 10, 2019
Page 1
ORDINANCE NO. 6732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON RELATED TO SALES AND USE
TAXES; AUTHORIZING AN ADDITIONAL SALES AND USE TAX
FOR AFFORDABLE AND SUPPORTIVE HOUSING, AND
AMENDING CHAPTER 3.60 OF THE AUBURN CITY CODE
WHEREAS, in the 2019 Regular Session, the Washington State Legislature
approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of
2019) (“SHB 1406”); and
WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose
a local sales and use tax for the acquisition, construction, or rehabilitation of affordable
housing or facilities providing supportive housing, for the operations and maintenance
costs of affordable or supportive housing, or, if eligible, for providing rental assistance to
tenants, when that use is for persons whose income is at or below sixty percent of the
King County median income; and
WHEREAS, the tax will be credited against state sales taxes collected within the
City and, therefore, will not result in higher sales and use taxes within the City and will
represent an additional source of funding to address housing needs in the City; and
WHEREAS, on October 22, 2018 city staff informed City Council that the City of
Auburn’s adopted 2015 Comprehensive Plan Housing Element indicates that there are at
least 2,430 dwelling units in Auburn where more than 30% of household income is
dedicated to rent or mortgage payments. This means that there is a need to take action
to create, preserve and promote opportunities for more affordable housing within the
community; and
Page 41 of 44
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Ordinance No. 6732
September 10, 2019
Page 2
WHEREAS, believing that imposing the sales and use tax will help address this
need and will benefit Auburn residents, the Auburn City Council adopted Resolution 5454
on September 16, 2019 declaring its intent to authorize the maximum capacity of the tax,
which meets the statutory requirement to adopt a resolution of intent within six months of
the effective date of SHB 1406; and
WHEREAS, the City Council of the City of Auburn has determined that it is in the
best interest of the City to enact legislation that authorizes a sales and use tax for
affordable and supportive housing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Sections 3.60.010 and 3.60.020 of the
Auburn City Code are amended as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Page 42 of 44
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Ordinance No. 6732
September 10, 2019
Page 3
Section 4. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
INTRODUCED:_________________________
PASSED: ____________________________
APPROVED: __________________________
CITY OF AUBURN
_____________________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
_________________________ ______________________________
Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attorney
PUBLISHED: ______________
Page 43 of 44
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Ordinance No. 6732
September 10, 2019
Page 4
Ord 6732 Exhibit A
3.60.010 Imposition of tax.
A, There is imposed a sales or use tax, as the case may be, as authorized by RCW 82.14.030(2),
upon every taxable event, as defined in RCW 82.14.020, occurring within the city. The tax shall be
imposed upon and collected from those persons from whom the state sales tax or use tax is
collected pursuant to Chapters 82.08 and 82.12 RCW.
B. There is imposed an additional sales or use tax upon every taxable event, as defined in RCW
82.14.020, occurring within the City, as authorized by Laws of the State of Washington, Chapter 338,
§1. Money collected under this subsection must be used solely, as required by Laws of 2019, Ch.
338, § 1 (or as may be amended in the future), for the purpose of providing rental assistance, or for
acquiring, rehabilitating, or constructing affordable housing, which may include new units of
affordable housing within an existing structure or facilities providing supportive housing services
under RCW 71.24.385, or funding the operations and maintenance costs of new units of affordable
or supportive housing. This additional sales or use tax shall expire 20 years after the first date it is
first imposed. (Ord. 3822 § 1, 1982.)
3.60.020 Rate of tax imposed.
A. The rate of the tax imposed by ACC 3.60.010A shall be one-half of one percent of the selling
price or value of the article used, as the case may be; provided, however, that during such period as
there is in effect a sales tax or use tax imposed by King County under Section 17(2), Chapter 49,
Laws of 1982, First Extraordinary Session at a rate equal to or greater than the rate imposed by this
section, the county shall receive 15 percent of the tax imposed by ACC 3.60.010; provided further,
that during such period as there is in effect a sales tax or use tax imposed by King County under
Section 17(2), Chapter 49, Laws of 1982, First Extraordinary Session at a rate which is less than the
rate imposed by this section, the county shall receive from the tax imposed by ACC 3.60.010 that
amount of revenues equal to 15 percent of the rate of the tax imposed by the county under Section
17(2), Chapter 49, Laws of 1982, First Extraordinary Session.
B. The rate of the tax imposed by ACC 3.60.010B shall be the greater of 0.0073 percent of the
selling price or value of the article used, or the maximum rate allowed to the City under Laws of
2019, Ch. 338, § 1 (or as may be amended in the future). (Ord. 4176 § 1, 1986; Ord. 3938 § 1, 1984; Ord.
3822 § 2, 1982.)
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