RES 2013-09 DELEGATING AUTHORITY TO CM LICENSE AGREEMENTSRESOLUTION NO. 2013 -09
A RESOLUTION of the City Council of the City of Bainbridge
Island delegating authority to the City Manager to approve
licenses, permits, and agreements for the use of the City right -of-
way.
WHEREAS, each year the City of Bainbridge Island receives a number of requests for
license agreements relating to use of the City's right -of -way; and
WHEREAS, consistent with RCW 35A.11.010 (which provides in part that the City may
"by and through its legislative body" enter into contracts), license agreements are generally
considered and approved by City Council in open public session; and
WHEREAS, RCW 35A.13.080(1) provides that the City Manager shall have general
supervision over the administrative affairs of City government; and
WHEREAS, RCW 35A.13.080(9) provides that the City Manager shall perform such
other duties as the Council may determine by ordinance or resolution; and
WHEREAS, in order to streamline this license agreement process, the City Council has
determined that the City Manager should be delegated the authority to issue licenses, permits and
agreements for use of the City's right -of -way, subject to certain parameters set forth in this
Resolution; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND.
Section 1. Delegation of Authority. The City Manager is hereby authorized to issue and to enter
into such licenses, permits or other agreements as the City Manager may determine to be
necessary and proper in order to manage the use of the City's right -of -way. Any such license,
permit, or other agreement shall contain the following provisions:
A. Use. All licenses, permits, and agreements shall specify the use or improvement
to be authorized. No use or improvement other than that specified in the license, permit, or
agreement shall be allowed.
B. Interference. The allowed use or improvement shall not interfere with existing or
planned City uses or improvements.
C. Nature of Rights. All licenses, permits, and agreements shall grant only the
permission to use the specified land for the specified purpose; no right, title, or interest in the
land itself shall be conveyed.
D. Revocation and Termination. All licenses, permits, and agreements issued or
agreed to by the City Manager shall be revocable and terminable at any time at the will of the
City, with no cause required for such revocation or termination.
E. Indemnity. All licenses, permits, and agreements issued or agreed to by the City
Manager shall provide for the City, its officers, agents, and employees, to be indemnified,
defended and held harmless from any and all claims, demands, losses, expenses, liens, charges,
and liabilities of any description (including attorney's fees and costs incurred by grantor in
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connection therewith) for injury, sickness, or death of persons or damage to, loss of, or
destruction of property arising, in whole or in part, from the licensee's, permittee's, or user's use
or improvement of the right -of -way under the license, permit or agreement. To the extent
necessary to fulfill this obligation, the licensee, permittee, or user must expressly agree that the
indemnity obligations shall apply to claims brought against the City, its officers, agents, and
employees, by employees of the licensee, permittee, or user, notwithstanding any immunity
provisions of the worker's compensation or industrial insurance statutes.
F. Non - Transferable. All licenses, permits, or other agreements shall be personal to
the licensee, permittee, or user and shall not be transferable to any person, firm, or entity without
the express written consent of the City.
G. Other Permits. Obtaining a license, permit, or other agreement authorized by this
Resolution shall not operate to relieve the licensee, permittee, or user from obtaining any and all
other permits required by the City or any other governmental agency for the use or improvement
authorized.
H. Compliance with Laws. All uses authorized under licenses, permits, and
agreements issued or entered into under the authority of this Resolution shall comply with all
federal, state, and local laws, rules, regulations, ordinances and codes.
I. Non - Motorized Transportation Plan. All uses shall be consistent with the Non -
Motorized Transportation Plan,
J. Other Reasonable Terms. The City Manager is authorized to impose such other
reasonable terms and conditions on licenses, permits, and agreements issued or entered into
under the authority of this Resolution which the City Manager determines are necessary for the
proper management of the City's right -of -way.
Section 2. Effective Date. This Resolution shall become effective immediately upon passage by
the City Council.
PASSED by the City Council this 24th day of April, 2013.
APPROVED by the Mayor this 24th of April, 2013,
ATTEST /AUTHENTICATE:
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO,
April 19, 2013
April 24, 2013
2013 -09
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