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ORD 2009-21 COUNCIL-MANAGER FORM OF GOVERNMENT A~ ~IN~~ of the City of Bainbridge island, ashintan, relating to the Cou~acil-wager farm of municipal ga~ernrnent; arnendin various sections of the Bainbridge I~Iand .Municipal Cade ~"BZM"} to refl~c~ the recent change in farm of o~ernmer~t of. Bainbridge Island' from 1~Ia~ar,Co~~cil to Cauncil~Manger plan of governrnent; an~endxng BIMC sections I,aS.~la, 2}~~.~10, f..Ia0.a3a, ~.I.ata,' ~ ~.~a.~3a, ~.~arV~~, ~1f~~}~V} ~h+~f~. VF~IV, ~.41~}aV V~ ~.~~'}a~wRaf ~.~1J. Af~~i ~. 1~1~~a, ~+h~~h1+~~+} r~Tha' ~GL1y ~r+~'T.~~lly ~.V~I.. ~ ~ti.fy ~.~~.V~ll.~ ~~.G}aV~ ~f~ahV~~, ,J,V~,V~~ r+r! J..f.V~Va ~r~ra~ V^ /.il ~.a 1 V, .1l~ralr \/• 3~S4r~l~, .$' ~.aD, 5' .a~.~aa, ~sa~rala, S.~ Iia 1~, ~.~Sraa, J . [ V } -l ~ V ~ ~ L/ 4 V V f +~ l a' ~ V t J ~ ~ V ~ -f , ~ it i a r A +-F V ~ ~ ~ . ~ V . V ~ #f , ~ ..+ . F.F~ . L ~ V 1~.24,11~, 1,~,O~a, 13.~8.18~, 18.37.~~~, and 18.117.a~a; and repealing BIMC Chapter ~,D~. '~v~~RL~4, due to the recent change in faun ~~ a~ernment of Bainbridge fsland from the Magyar-Council to the Cau~cil-Manager plan of government, it is requested that the Cit~r council amend ~. number of sections of the Bainbridge island N~un~icipal Code ~"WING"~ to reflect and be consistent with this new faun of go~rernment; and ~LRL~1, mast of the proposed a~nendrnents vr~ll substitute the term C1t~ Manager far the terms C~t~ A.drninistratar or Ma~rar within the referenced BIMC sections in order to aveid an~r patentiallactual conflicts with applicable state lam and to provide clear authorisation as to the duties and abltgatians of the City Manager; and ~ERI~~A,, the City Council has deterrr~ined that it is in the best interest of e City of Bai~.bridge Island to amend the B1MC to reflect and be consistent with this new form of go~vernmer~t and state lam; nay, therefore, TEL CITY ~UN~~L ~~' T~~ C~T~ ~~ BA~BR~D ~SL~N~~]~ ~vA~YI~T~~ DL ]AI ~ ~'~LLO'~v; ectian 1. Section I.a,ala of BIMC Chapter lra8, general Provisions, is hereby amended as follows; ~` 1.II8.IIIII A~v~tion o~ classicatran, Pursuant to and in accordance with RCS ~A.a2, ~3 a Chapter 1 t 9, Lags Bxtraordinar~r session 197, Section 3~A,a~.a3a}, and pursuant to Resolution Igo. ~171~} adopted b~ the city nn the seventh dad of Jnl~, 19~, and published an the eleventh dad of July, I ~~~, the city council adopts for the city the classification of nanchrter code city, . , . , ` .pursuant to an electzan held on a {:.~ 1 ~ a~9 in accordance with RC 3~~.~~.~4~ 35A,~~.~~a ~.~4,~0 - and other a lie~ble law the results of which were certified b the I~itsa Count ~u~itor on June 3 - 2a09 the oit ~~~ ted the aouncit~rnana er f~r~n of ove~nrnent as set forth in Cho ter A, ~ ~ endowed with all the a ~icable ri hts awers ri~ile es ~ duties. ands vbli atior~s of nancha~ter code c~t~es as set forth in Cw '~ttle 3 ~A as the carne now exists includin but hat b wa of 11n~l~at~an those. set forth in Cho ter ~~A,~ 1 and further includin an and all su le~nents amendments ar other n~ad~fict~on of sold RCS `~~tie ~~A which ma hereafter be P~1~CtP(~ _~~ - ectian ~. Section .a.a i ~ of ~lC Chapter ~,a~, - fours of business; ~s hereby amended as follows. `4~.OZ,olo Fours of business General adn~in~strat~~re offices and departments of the city shall be open far the :transaction of business with the public from the hours off` ~:a0 ,m, to 4;0~ p,m., f~c days per eels, 1V~onda~ tl~xough ~'r~day, exceptin.~ legal holid~.ys; pro~rided, that the city ~n~.na~ ~r a~ alter the hours of operations of ~it~r of`f"ices an temparar~ basis, a tie city ~anacr ~r deems necessary far the efficient operation of the city, Public safety services wild be prodded ~4 haurs pex day." cction -. Section ~,OS,~3a of ~~ Chapter ~.a$, City officers, is herby amended as fal lows ~{2.~8.~0 Appointive offices designated. 7`he fallowing appointive offices of the city are established; A~ director of finance and adrninistrati~ve services; 3 ~. ~~~~~ofpD~iCe; ~ i ~, luniclpal fudge; D~. Xunxc~pa~ judge pro tempore; ~~ City attorney; F`, City prosecutor; ~. Director of public worl~s; ~J. Ftre marshal; ~~. Director afplanning and can~rnunity de~eloprrint; J~. Buildir~ official; ~. City ~ ~ P~ n~r-tiyi~i~n~r+n~nt+~ 3 ~~. City ~ler~C; 1~~. Court administrator; ~.. 2 ~, ~ Director of information and. technalo; _ ~~ ~F ~cco~n~ir~ ma~ngerf~ . r.... f ~~ ~ ~~~ #tYr~ nnc+tc+#nt,# . The sa.lar of each a otnti~e officer and the sal~ur o~ ~a e of each Y ~ ~ ~' 1' appointive officer orl~ing under such appointive officer, shall e set by the city council; provided, that the compensation for rr~uni~ipa~l~ ~ j edge, ' ity attorney, city prosecutor and fire marshal shall be set by contract ppro~red ~by the city c~u~acil," .. eetion ~, BEM chapter x.09, pity A.dministratar, is hereby repealed in its entirety. . eetian 5. Section ~, f x,01 ~ of ~1M chapter 2.1 ~, Dire Marshal, is hereby amended s ~ollov~s; ~ ~ . ;,~,~1~ ~-.ppo~n~rnen~. Tl]e ~lt,~y mangier ~~ U~ the City is ~~1thOrlZd ~~ appornt ~. ~~~~ f~lre marshal," Section ~, Section ~.~o,o~o of l~~M chapter ~.~a, Municipal ours, is hereby amended as follas: ~`~.~0.~~ J~u~es~- Appointment ~ ~alif~catians. A, The municrpa.l fudge holding office on ~u1y 1, t 984, the effective date of the ordinance codified iii this chapter, shall continue to hold office until expiration of his or her term a~ January ~, 1 ~8~, whichever occurs first. The term of a successor shall commence on ,~anuary 1, 1 ~, and~or January 1st of each fourth year thereafter, pursuant to appointment as provided belay, ~. The municipal fudge shall be appointed by the cat n~na er ice, sub~eet to confi~rriation by the city council, for a terra of four years, Appointments shall be n~adc on or be~'ore Decenr~ber 1st of the year nest preceding the year in which the terra corninences. ~, ~ person appointed as rriunicipal ~ edge shall be a o~t~zen of the united Mates of ,ierica and of the state of ashirigton; aiad an attorney admitted to practice lam before tha courts of record of the state of 'shington." Section 7. Section ~,~0,0~0 of l~fM chapter 2.ZO, Municipal court, is hereby amended as fallo~vs ~~Z.O,l~GO J~u~~cs pro tem, The munici l ' ud e ~ shall, in writing, desi note ~ ~ edges pro tern mho shall act in the absence or disability of the regular ~ edge of the 3 Section ~ I.~ aatian ,3.a~a of BIl1~ chapter ~.3~, Dearing l~a~niner, is hereby arr~ended as fallaws; "2.~,~~~ A~~ointnaen~ Tenn -~ l~err~oval ~ ~rat~es. The hearing exaia~ine~ shall be appointed by the city_ ananger~, confirmed by the 'city council, and shall same for term of two years. The appointed hearing e~arniner shall be removed any ~ ~ } upon cor~~rictian of ~ gross misdenr~eanor ar felony, ~~} because of physical or rneutal disability rendering the hearing examiner incalaahle of perfarrrrtng the duties of the office, ~3~ upo~a conviction of ~ violatxar~ of BI11~ ~,~.a~, or ~4~ upon cai~victian of a violation of hapter ~.~3 Rw, the violation of which shall cans~itute ~ rrzisde~neanor ~-nder this code, The duties of the hearing e~amier shall be ~ established by the city council by ordinance." ec~ion t~. Section ~,~~,a~5 of Blll~ chapter ~.~$, l'iearin ~~arniner, is hereby amended as follows; "~.~.~~ ear~ng examiner respans~h~7i~~es and dutles. ~. The hearing examiner is respar~slbl for conducting hearings ail and adjudicating quasi judicial cases involving a variety of can~ple~ land use and reul~t~ry eornloliance issues, and other issues which the city council nay designate to the hearing e~a~niner by ordinance. The hearing e~n~iner shall issue decisions or recommendations based an relevant ardinances, regulations, policies, statutes, and ether autharit1es. B. Duties, In addition to any atiier duty established by ardtnance, the hearing ~auainer: I . supervises ar~d evaluates the work of erplo~ees as required, ~. Develops procedural vales far the scheduling end eond~ct of hearings and related matters. Srach rues shall be dept on ~i~e with the office of the city cl erl~. 3, reviews properties that are the subject of hearings to become familiar with the terrain and relationships to other properties. ~. Deceives and e~arr~ines hearing rebated documents, and reviews case files, city caries and policies, enviroi~neiatal In~paet stateanents, plot plans and topographical maps, . evaluates testimony and evidence, prepares records, enters final written fi~adins, and iirzpae conditions to conform. pra~ects to city ardinances and land use policies. 5 ,1Vlaintains l~na~rledge of current relevant state and city land use lames, policies and related state and federal court decis~ans. ~ ~;.= 7. Prepares reports and correspondence to the city rnanaei~r, cit~r Ca1~nC11} anal planning C~n~n1S~1o11 requet~d, Prepares anal submits annual written reports to the ~~t~ ~nan~ger~a~ and cit~r council, .including how n~an~ hearir~g~ ha~re boon conducted, the final outcome of hearings, the tune required to issue decisions and e east f 0 earln~t . ~, Meets with the ~it~ t~.~ ~r~e~, eit~ cauneil, planning eorn~nission and staff s requested, to identify conflicts in the code. 1 a. then necessary, recornmend candidates far pro tern hearing examiner, for approval b~ the ~ity~ n~anae~r." Section 1 . Section ~~4.a~a of ~~lC Chapter ~.4, Harbor Carr~n~lssion; is hereby arr~ended as fnllos: ~`~.~.~40 ~arhar~naster- ~'as~tlon. The position of harbarrnaster shall be filled b~ appointment b the c. ' The ~nana r . appointment shall be .ade frarn list of qualified candi~te~ The harbormaster shill serve at tae pleasure of cit~r n~a~a~hr~ t ' ,The purpose of the harbarrnaster position is to arl~ in concert with the harbor co~rnission to implement the harbor management playa a.nd manage and protect the maters of Bainbridge Island." ~~tion l~. section ~.5a.~la of BIC Chapter ~.~a, Health, Housing, and Hunan er~rices Council, is hereby amended as fallav~s~ #~~.~.~11I ~eslr~atian of health, hausYng~ ar~~ hun~a~ services councir, Bffecti~e March 1, 1~~4, the Bainbridge Island health, housing, and human ser~rices council, a non~prafit corporation of the state of 'W'ashington is designated b~ the cit~r council as the official body of the city enapaercd to act an all matters pertaining to the de~clopn~ent and delivery of health, housing, and human ser~rices within the cat consistent with the provisions of this chapter. The purpose of the council shall be to support services and faster appropriate impraverrzents in the range and ualit~r of health, housing, and human service programs provided in the q city, to ensure access to all in need, and to facilitate service delivcr~r sensitive to the cultural perspecti~res of those in need; tlae city L mane er . .. or his or her designee shall be ~. n~ernber of the ~:~ council, This chapter and chapter 3,~ 8~ shall not apply to nay affect - ~ ~ -the contract bet~reen Bren~erton~itsp bounty health district. a~.d the city -~ -k of Bainbridge island for delivery of the districts specified health - ~ . ~ service " . , ecti~an ~ ~, ectian ~.~4.~2~ o~ 1~~Z11~ chapter ~,G4, Collection of Infarm~~ian to legislative and ~dmxnistrative Bodies, is hereby amended as follas: "~.6~.OZ4 A~har~ty to designate city en~~~ayees far ~nfart~ona~ aet~v~ty. The cit mane er is } y autharlZed t0 deSlgn~.te ~~ty employees or representatlves to C~~~~ct, accun~u~ate and analyze information concein the effect of enacted legi~latian ar the anticipated effect of propased ar pending legislation, to consult with tie employees or representatives of ether ~nunicipalit~e or counties and asscciatians thercaf, to respond a~. provide data .and infarrnatian and give testin~any to state legislators., iegilative carnmit~ees, state administrative officers, or ether municipalities investigating the city's experlence or antl~lpated Costs, benefits or problerns from such enacted or proposed legislation,'} , section 1 . Section ~.~~.a3a of B11Vi chapter Z.4, collection of Information to Legislative and Administrative Bodies, is hereby amended follows: "~.4.a3~ ~thorlty of repr~sentati~es restricted, In alb matters in which an official, staff employee, or ether representative appears on behalf of the city, such representative shall observe, carry nut ar support the knov~n relevant policies of the respective city council and shall consult with the ci . n~an 'far advice and guidance rhea require, X11 such informational activity shall be conducted Frith prudence .nd good judgement and within all legal regulation of such activity. such representative shall net have any authority to n7~l~e any statements, C~i7'll7'~1tn1~11ts ar p~`omles b~nding upon the city, but may spear to i-~fluence~ the passage, defeat or arnendn~ent of legislation affecting the city in accordance Frith the policy or position approved by the city council." section l ~, Section ~.Sa, t l~ of the Bainbridge Island Municipal fade is hereby arrrended as follows; "~.8~.111~ Administrative rues. The city .ana er ' ' ,upon recommendation of the city clerl~, may issue rules far the implementation ofthis chapter," ect~on ~ 8, Section 3,~~.~ZO of the Bainhrid~e Ysland Municipal ~od~ is hereby amended as follows:. ".~,~~a A~mrr~istratio~, ~`he e~uipn~cnt rental fund shall be administered b~ the director of finance and adm1n~strative se~r~cs under the direction of the c~t~ n~a~a~e~," Section 1 . Se~tian 3.S~,oO of the ~a~nbr~de island Municipal bode is hereby amended s follows: ".~.aa antracts with state authored. . . ~'he c~ manager ~s authorise to execute a contract o~__contraets _~w~th the De artrr~ent of e~enue of the state for the administration and co~~ection of the tax imposed b~ section ~,.~1~; pro~rided, that tie city attorney shad first ~.ppro~re the form and content of said contract.' section ~. Section ~.~~.~~ of the Bainbridge island ~ Municipal od is hereby amended as follows: ~~3,~O.aa contract with state authari~ed. ~'he city inanae~e~ is author~~ed to enter into and appropriate contract or contracts Frith the Department of R.e~enue of the state for adrriinistrationnd collection of the tax." Section ~ l . Section 3.~4,0~0 of the Bainbridge island Municipal bode is hereb~r amended as follows: "~,~4.a~ Ar~thori~ing c~recutlan of contract far a~nnluistrtion, rfl]e '"„'~"`~' °~"~~~^it'~ mono ~I" 1S ~ ~uthot'lzed to el~t~i' lnto ~ C~nt~'~.Gt or contracts with the Department of revenue for the adrr~inistration of this tax" e~ion ~, Section ,72.07 of the Bainbridge ~sla~.d Municipal bode is hereby amended as follows: ~~,7~.a70 public wor~~ ~'arma~ hips. 'hene~er the estimated costs of a public works fro j ect, it~cl~udin materials, supplies, equipment tad associated labor, will exceed the S limitations sat Earth in ~T ~.a~.1 , as now existing ar as hereafter amended, the sarr~e shall be lane by cantrac# awarded pursuant to the fallawin formal bid rocedure: p A, staff shall prepare bid specifications for car~~iction of the public worl~s - ~ pre j ect upan prim authari~a~tian b~ tie city caunci ~, ~. falls for Sewed bids shall be published ~n the affic~al newspaper, or ~ newspaper of general c~rculat~on most 111~e1y #a bring respanS~ve bids, at least 1 days prier to the last date upan which bids will be received. . falls far sealed bids will be posted in the same ~rianner as ordinances. ~, falls for bids shall contain the following infarrua#ion: 1, The cn.eral nature o f the ward; Z, A statement that ~ the plans and specifications far the worl~ are an file and available ~ far public inspection at the qty ~a~~; , Instructia~as that bids n~uSt be sealed and Bled with the city before a pec~fied date; 4, ~nstructian~ that bids must be accompanied bar a bid deposit of at least five percent of the arnaunt of the bid in the farm of a cashier' check, pastel n~aney artier ar sux~ty band made payable to the city, falls for bids Shall specify that ~o bids will .be considered without the required deposit, ~. bids shalt be opened an the date and tine and at the place specified xn the b1d specificat1ons, advrtiserrients and public notices, F, Staff shall prepare bid tabulation sheets and Shall recdmmend that the contract be awarded to doe bidder deterrni~ed to be the lowest xespansible bidder who ~ meets the terms of the specifications, condi~ians ar~d qualificat1ons of the call far brds. alternatively, staff nay recon~rriend the rc~ ection of any or all bids receivcd~ G. The city. council shall review the bids, specifications and related materials, to~etl~er with the staff recamrriendatiori, and may award the contract to the lowest responsible bidder. A.ltcrnatively, the city council may reject any ar all submitted bids and may n~akc a further call far bids in the same mariner aS the original coil. ~~, ff no bids are received an the first call, the city council rriay elect to re- advertise and rrral~e ~. second call far bids or may enter into a contract without any further call or may perforrri the warp ar ifnproven~ent by day lobar. 1, ~n~endments ar change orders, 1, rne~dments ar change orders to contracts requiring city council approval under this chapter may be administratively approved by the city n~ana erg if the changes are: a, within the scope of the original contract; b. consistent with n initial bid process, if an~r; , ~~~CUt~d In wrlt~ng, d~ within the budgeted arnoun# for the pro~ccts; and e, Aga increase of the contract award amount {A} as fellows: ~nn~ract Percentage . L~m~ts sward ~r~crease ~n CAS 9 _ .-..... ...1..: 'r >..... ~... _:.r ,'.._ ._ .._.~_ ......~...._.. ~~ ...... ..._. ..~._.. _. ..~. .. __ _ _~..~ ...~r.~.r.r.zc.~.,..... ... r.R..v~au rr~.s. ~.ra-r~r.. .rw~~. ... ...~....~r..q ...anvna~wf~w+r•~w•'wam...va'uvorr~w ...uu~~ xsrv~_ t rn-i~os~~.. liJU.fa..S~feTJL~131e~!!I4 1r~41+~ ~. .~ i - S ~lril~~~t ~ ~ the ~CC~~L~' 0~ k ~' w ~n, a , ~ 4 des 5 than /~ or lTllnl~n~n"~ ~I ~ ~~,OOO fax. !, ~O,~aV fin, ~', ~{~~~-yy7J7+~y' ;' f ~ ~o1~oV 1f r s ~ oo,~~o to ~ .. ~ J t . ~ ~o~/o or minln~ll~n1 ~, f 1 t ~ ooio~~ ~ ill~in. ~ ~ ~~ ~~~ greater than ~ ~ k ~ a~/o 0~' ,ln~n7U~n ~ ~ 00,~~0 4 fax ~, ~'he value ~~ al1 change orders to a jingle contract shall be aggregated. 'hen any single change order, or comb~~ed change orders to the acne ro' ect or single purchase exceeds the ~ralue limit, the change must e ~~ approved by e city council, except in the following tr~stances~ ~., On service contrasts used to acc~~npli~h an ongoing city program as opposed to completing a short ~e project or purchase, ohane artier rues, including the aggregate rude, shall be applied on an annual basis. b. there the sire a~ e contract and the exhausting of change artier authority ~nal~e furthex change order authoriza~tian impractical, the city council rna , u an r~com~nendation of the cit m.ana ern~a~, extend the ~ ~ aggregate limits of subectlan ~. ~ of this section for specific contracts. c. The public moors director shall pro~rid reports on public works pry ject change orders to the city council during the normal budget process. ~. work change directive may be used to: a. Authorise and direct ~vor~ that i~~ re~ult~ in an increase in contract price within the adrr~inistrative authority of the city n~an~g~r~r as provided in subsection 1. ~ of this section far specific contracts, V~ork change directives that affect the contract price. shall be incorporated rota change artier; b, Authorize and d1rect ~vor~ that X111 result ~n an increase in contract price in excess of the administrati~re authority of the cit rnana era~ar as provided in subsection I.l of this section, where unforeseen conditions necessitate an immediate change to avoid a contractor's claim against the ~4 city for delays. The ~vorl~ change directive shall be ~ncorpor~.ted into ~. change order and presented to the city council ~ soon thereafter a practicable. . c, Authorize and direct erriergency ~vor~ tb.at . inay result iI~ an increase in Conti"act price in excess of the administrative authority of~ the c n~aila ~I~~ ~~'ovld~d in subsection ~~ 1 of this section, ~rhere public health, s~fcty and ~relfare arc endangered. The work change directive shall be incorporated into a change order and presented to the city council soon thereafter a practicable, The city council mill be notified of v~orl~ change directi~rc issued in oxcess of the adininistrati~e authnr~ty of the cit ~nana e~a~er a soon as practicable. . section 3 ~ ecti~n 3 "73 "~ 1 ~ of the ~ainb~"idge ~s~an Municipal cde i hereby a~.ended as follows: "~.7.~10 Authnrl~y t~ accept ca~veya~ce o~ any l~terest In ~reai. property are h~~alf of the city. The city rnana er ' " ,the director of public ~orl~s, and the director of planning and coirin~unity e~elapn~ent are each authorized to accept, on behalf of the city; dedications, ea~en~ents, rights-off may, fee estates or other interests in real property for use by or on behalf of the city. _~ ~ursuant~ to this authori ,the cit mono er ' ' ,the director of public works, or the director of planning and carranaunity de~elopi~ent are each authorized to sign ~.nd accept delivery of real property acquisition documents on behalf of the city," Section ~4~ section 3.SO.o4o of the ~ainb~~de island Municipal bode is hereby amended as follows: ".0.0~~ I~esignatcd agency, A, The ~ainbridgc Island Arts and ~un~anities council, a nonprofit 'as~iington corporation, is designated to carry out the. duties set forth in thls chapter relating to public art. The designated agency shall follow the uideltries for i~.plementin public art projects adopted by the city council by resolution, ~, Duties and Responsibilities as to public Art. 1. The designated agency shall revie~r all rnunicipa.l construction and i~npro~emert~ projects, as adopted by the city council, to determine which projects should be recoini~.ended to the city council to include public art, and to anticipate the source and amount of finds to be provided far public art. The designated agency nay, Frith the perrriission of any affected 11 public agency or entity, review any real property or bu~ldi~ag withrn the city to determine ~ whether it shau~d be ~recom~n~ended ~o the city council to .~~:~~ include ublic a~,1f the real property ar building is ~a} owned ar leased by _ the cif or an other ublic agency or entity, or fib} owned by a nonprofit ~~ ~ Y F ~:.. corporation and operated by a.public agency. or entity and the placement of art w~11 be pursuant to an interlocal ~,grecrnent ~~betwcn the city, the nonprofit corporation, and the public agency or entity . ~. Far nblic art anticipated to cost less than $10,a0~, the designated p agency shall submit ~. proposal, including a proposed site and budget, to the designated city cauncil committee which is authorised , to appra~re expenditures of up to 3~ percent of the estirnate~ fatal ~raject cost far such things as prod ect a~rninistrati~e funding and fu11 prod ec~ ,concept de~elopmei~t# if the total east of project administration plus full project concept de~relopn~ent is anticipated to exceed ~D percent of the estimated total project cast, appra~al o#` the full city council will be required. The designated agency sha11 keep tho council committee informed with regular progress reports on the public art, The designated agency sh11 present the recommended public art concept to the city council far final funding approval. The city council nay ppro~e ar disappra~e the proposal as subrr~itted, or i~ay determine to hold a public hearing on the proposal. Following the public hearing, if any, the city council sha11 approve or disapprove the proposal. b. Far public art anticipated to cast 1 a,aa~ or mare, the designated a enc shall submit a proposal, including a proposed site and budget, to l.r~~ g ~ the designated city council conittee, The council cai~ittee shall present the proposal to the city council and request that the council ~ . appro~re the cast of pra j ect ad~ninistratior~ ndlor fu11 pra j ect concept de~elopn~ent# The designated agency shall beep the council coznrnittee informed with regular progress reports an the public art. The designated agency shall present the recamrnended public art cancept to the city cauncil far final funding approval. The city council may approve or disapprove the proposal a snbrnltted, ar may determine to hold a public hearing on the proposal. Following the public hearing, if any, the city council shall approve or disapprove the proposal. for the purpose of this ~ subsection, the terra "full pra~ect cancept development'} means that the project iS defined to the point where the pity cauncil cr mcrnber of` the public can comprehend the project and be in a position to approve the prod ect corripletian. ~, The designated agency shall advise the cif n~ana eia~ and city council on matters pertaining to cultuxal and artistic endea~vars, projects, acquisition of funds, and expenditures iri which the city becomes invol~red and shall act as the representative of the ca~unity in such matters." section Z~. section 3.5~.~2~ of the Bainbridge rsland IV~unicipal bode is hereby amended as f'allaws; l~ ".SZ,~Za ~sthlishrrxent of Ba~nh~Yde Ysln~ its and hu~an~t~cs account, All public and private finds ~uthori~ed, appropriated, or received b~ the eit~ for the arts and humanities, pursuant to ~IIVI 3.8~,03~ shall ~ nl~lnt~lll~d in a separate account within the city's cultural resources subf~r~d esi~r~ted the "Bainbridge isla~r~d Ads and I~urr~anities Account". ., 37 Section Section 3,54~~~~ of the Bainbridge island Il~unicipa,l bode is hereby amended as follo~r: ~~~.84.a1a Procedures, ~~l elairns or other obligations of the city ~rhich are payable out of solvent funds, shall be paid ~~ the issuance of ~. band cheek or warrant; provided, that no cheek. shall be issued when the applicable find is ~aot s~lver~t at the tune pa~rr~ent is ordered, but a ~rarrant shall be issued intead.1~11 checl~s shall be dra,~vn on funds deposited xth A-mertCan 1Vlarine B~. ~o signatures o#` the fallaing officers of the cit~r shall validate a check: ~ ~ ~~~ ~~~it~ in~,e~ ~ ~ ,finance di~`eto~'y T ~ . , a ~ accountin rnai~a. e~ bud et n~na r and senior accountant," Section ~'l. section ~.8~.~20 of the Bainbridge fs~and Municipal bode is hereby amended ~ follows; ",H~,O~a ~stbYlshment of hcar#h# hau~s~ng, and human cr~~ce account. A~11 public and private funds authorized, appropriated, or received b~ the city far heath, housing, and human ~ crvlces, pursuant to eet~on~ 3 f $~+~~ a shall be rriai~tained in a separate account rithin the cat's racial services sub-fund designated the "~ainbridge Isia.nd health, housing, and ~huan services account". , . f ~ ; ~ { i ~dri...isrrn~nxr 37 Section ~. Section 5.D6.00 of the iai~abridge island Municipal bode is hereby amended as follows: "5,~~,~0 PuhYlc dlsclosurc-~ anfr~er~tza~~t~ ~ Ynform~tiau sharing, 1 A. For purpases of this section, unless different meaning is clearly esthlisl~ed by context, the folla~rin defi~n~tians apply: l , "disclose" means to tale kxzo~vn to ~~~ person ire ar~y n~ann~er, ~ "Tax info~r~aatxon" means: a. A. taxpayer's identity; b, The nature, source, or amount of the taxpayer' S ~nca~ae, payments, receipts, deductions, exemption, credits, assets, liability, net worth, tax 11ab~llty defie~encles, aver assessrnc~ats, or tax paymc~ats, whether ta~cn from the taxpayer's laool~s and records ar any other source; c, ~Thether the taxpayer's return vas, 1s being, or ~rlll be examined ar subject to other ln~estlgatlan or processing; ar d. ether data received by, recorded by, prepared by, or provided to the director ~vlth respect t~ ~. taxpayer; pr0~~ded, that tai ~nforrnat~on ~~~~ nit include data, material, or documents that do not disclose information related to specific or identifiable taxpayer, B, Tax returns and i~afo~rnatiar~ may be "public records" as that term is defined in.R 42.17,a~a~ The director sha11 not d~sclase tax information if disclosure auld violate chapter ~~.17 ~ ar any other lam prohtb~ting dlsclosure. , eser~red. ~]. ~`~ infa~atian may be disclosed to the following; ~ .The cites rnana~r, . ' , a naebers of tie city council, cit ttorr~e , cit clerl~, nr their author~~e~ designees, for official y ~ ~ purpees; . any agency or officer of the united States of America, the state of ashington, or a tax ~ department ~ of any state, cau~ty, city ar tom; provided, that the agency nr af~icer grants substantially similar privileges to the czty, and further pro~lded that~the agency or aff~cer shall not father disclose the tax inforrr~ation except s authorised in this section; 3. The taxpayer to w'horn it pertains or to such person or persons as the taxpayer may designate to ~rrittng as the taxpayer's designee; except that tax information not received fram the taxpayer shall not be so disclosed if the director determines that such disclosure would carnprornise any investigation or litigation by any federal, state, or local go~rc~ent agency ire connection with the civil ar criminal liability of the taxpayer ar another person, ar that such disclosure would identify a confidential lnfarm~.nt, or that such disclosure i contxary to any agree.ent entered ~f~ r• ~~:._ ~: - ~~ .. ~~ -..~~ ~~ into by the director that provides ~ for the reciprocal exchange of ., ..~ information Frith other government agencies, which agreement requires can~denti~.lity i#h respect to such ~infprtnation unless such information is required to be diclased to the taxpayer by the artier of any court. ~~ E. ~oth~ng in this sectzan shall prevent the use of tax 1r~farmatian by the director ar ar~y other agency in any civil ar crin~ina~l ctian in~al~ing any license, tax., interest, or penalty, F, A person disclosing t info~rraatian to a~ person n.at en#i#led to receive that inforrria~ian under this section is guilty of a ~ rnide~nean~r, and if the person vialatir~ this privacy requirement i an officer ar e.iayee of the city, such person nay be required to forfeit their office ar employment,, section ~~, section x.04. a ~ a of the Bainhri~ge Island nr~icipal fade is hereby amended as follows. ".~4,~~0 ~efin~tlons, liar the pnrpose of this title, the fallowing words shali have the falloir~ nleanll~gs unless the Cq~te~t 1I1d1~ateS ather~r~se; 1, "Abandanen#" means the a~vner has left the animal far a period of ~4 hours ~vithaut making effective pro~risions far its proper care, ~, "Adequate shelter" metes a moisture roof and mind praaf structure that allays the anima. to turn ground freely, sit easily, s#~nd and lie normally, and that beeps the animal clean, dry and comfoable. , "Altered" rnear~s any spayed fen~a~e ar cos#rated male dog ar cat. 4, "Animal" rrzean any Ixv~ng vertebrate creature,, including reptiles or birds, and excepting man, marine mammals, and fish. ~. "Anirrzal control authari#y" means the departn~en~ ar officer of the city appointed ~by the city ~nangermayer, ar the person appointed by the city council to carry out the duties of an animal control authority or animal control officer ender this #i#le. ~. "Ar~i,al rescue league" means any association ar corporation which routinely obtains unwanted lags ar cats, the prl~na~y goal of ~rhlch 1s to place the lags or cats into adopti~re homes, as long s the lags ar cats arc neutered. ', "Animal shelter" means a licensed facility used to care for homeless ar unwanted animals by a ga~rerr~nen#al entity, animal welfare satiety nr other organi~atian devoted to e ~relfare, pro#ectian and humane treatment of anirr~als, 8, "~~ l~.rge" means off the owner's premises aadlar out of visual contact of the owner unless under physical andlor irr~mediate effecti~re voice or signal control of a. competent person. ~. "boarding lcenne~lcattery" means a ker~ne~ ar tottery where dogs ar cats are boarded ar trained for compensation, except a pet chap, ani,a.i shelter 15 ~r veterinary hospital where the boarding is incidental to the primary purpose of the fa.ell~t~, ~~~r . l ~. "fat" means ~ includes ferrule s a ed female, male ~ castrated ~ ~~ pY n~a~e eats, 11. "commercial kennel" means a kennel or cattery where adult dogs or ~~ ~ :. cats are bred far con~pensatian. ~ Z. "I~angerau~s" means an animal that according to the records of the animal control authority ~a} has Inflicted severe injury on a human without pro~ac~tion while an public or private property; fib} has killed a don~est~c anllnal without provocation while off the owl~er's property; or ~c~ has been prev~aus~y found to be potentially dangerous, the owner .has received native of such _~tential a~ad the .animal subsequently aggressively b~t~s, attacks ar endangers the safety of humans or domestic an~rnal. `phis definition shall not include a po~~ce dog as defined ~n 4,~~,41 ~, 1 ~. "fag" rneaus and includes female, spayed female, n~al~e and castrated rrlale dogs. 14. "Faster hone" means a ternparary harne with a permit approved by the animal control authority to house last, abandoned or unwanted dogs and cats until an adoptive home is located. . ~, ccraaln parlor" means a fac~~~ty with the primary fu~ctian to bathe, clip or comb animals for corr~pensatlo~a for hyglenxc or aesthetic reasons. l G. "Hobby kennel" means a nonconarnercial kennel at or add acerrt to a erivate residence where adr~lt dogs ar cats are maintained fir purposes ~, other than bredin , 17. "~mpaund" o~ "impoundment" means an authorised offlcia~ taking control of any ar~Irnal found t4 be ~n vlolat~an of this tlt~e pursuant to the ~ .: terrr~s of this title. l S. "~nhul~ane treatment" deans every act, omission or neglect whereby unnecessary or c~n~ust~fied physical pain ar suffering is caused or permitted. . Z 9. "Neglect'' scans the failure to provide proper food, eatable water, ode uate shelter, oppart~nity for exercise, or other care nara~, usual, and proper far an anirna~' health and weld being. ~~, "owner" means any Berson owning, keeping, having an interest in# or having control, custody or possession of, an animal. ~ l . repealed by ord. 0~~~~. ~~. "Pet shag" means a commercial establishment which acquires animals by purchase far the purpose of resale, except fauns, ~~. "PrOV~Catl~n" m~a~s te~sltlg, t~.Untln~~ striking ar other like ~Ct10n, or the unauthorised entry onto the premises where an anln~a~ i kept. ~. "Potentially dangerous'} means are anitna~ that when unprovoked; {a} chases or appraahe a person upon the streets, sidewalks, or any other pubic grounds in a menacing fashion or apparent attitude of attack; ~b~ causes injury to ar otherwise threatens the safety of a hurrrn or darnest~c animal; nr ~c} inflicts a bite r~pon a human ar domestic anxrnal either on public ar private property. ~~ . "Secure enclosure" means a chain 11n1~ enclosure consisting of secure sides a~ad a secure top, or if without top, haying sides which are at least eight feet high, and with a fl~o~ permanently attached to the sides, or ha~r~~g sides which are embedded at least one f ant into the ~rcu~d, end which is constracted of such material and closed in such manner that the animal cannot exit on its own." . section 3~, Section 5.~~.040 of~ll~ chapter 8.~4, Use afonbioderadable Pacing ate~'la~.s, is hereby an~er~ded as follows: "8,~4.~40 ~u~es and regu~atYOns, T'h ctt~r ~ mono er ' ' _ charged with the enforcement of this chapter shall be~ authorised from tinge to time to adopt reasonable rules and regulations for its in~plen~entation, which shall be consistent with these provisions." Section 3 ~ , ~ Section 9,~~.00 of B~~ chapter 9,~5, t~nln~1ted o~~c~tat~on, is hereby amended as follows: ":~.~~0 ~~les a~~d regu~atiuns, ~`he city managers is authorised to promulgate rules and regulatio~as pursuant to this section to enforce procedures adopted herein," Section Section ~.~~.~~~ of ~~ chapter 9,~~, Property - rimes Relating To, is hereby mended as follows: ~~.~~.~G~ Reward for infnrma~io~ heading to ar~res~~ A, the city council ~s authorized to of~e~ a reward of not to exceed ~ Ooh for i~forrnation resulting in the wrest and canvict~an of ar~y person l~nowinly and .aliciously casing physical damage to any public property within e city. B, Recornxnendations for payment of such rewards including recom~nendattons as to the amounts to be paid and the person or persons tc whom payrne~at should be made, shall be made by the police chief to the city council, and when appro~red by the city cour~c~l, shall be paid frcrn budgeted. funds a~railable for such purpose," Section 3, Section 9.4~,0~0 of Blll~ chapter ~.~~, Property ~- grimes relating '~o, zs .hereby amended as fellows: "~~.~8.~1~ dmin~t~ration. 1~ A, The city n7ana er shall establish administrative procedures for the administration . of parking pursuant to the provisions of this chapter ` ~; incluin ,but not limited to, procedures far. the issuance of carpool and i monthly parking permits, :~ . ~, In addition, the cit Cana ex~yex shall appoint ~~741taL1** ~~, ^n~ or ~ ~=-: more persons parking enforcement officers v~ho shall be under the su ervision of the olive depart~r~ent, The parking enforcement officers ~ p shall have authority to issue notices of tra~f is infractions relating to the parl~ing; standi~~ or stopping of vehicles, but shall not be considered uniforrmed pelice officers for purposes of f,~FF and civil seise statutes" section ~4, section ~~:~2.~0 of ~ B~ll~ Chapter 10,3, Impoundment ~~~f vehicles, is hereby amended a fallo ~410.~~.~90 Cu~tract far #o~in and storage. A, The finance director is authorized and directed to prepare specifications for, and documents related to, the selectien of tour operators fir the touring and storage of ~rehicles under this chapter. The specifications and documents shall be approved by the city n~an er ' ' , ~, fn awarding a contract to a tour operator, the finance director shad co~asider, arr~ang other releva~at factors, the follcing~ °~+~ General experience in providing tov~ing and storage services; 2. conduct and performance vritla a city of similar size and doh scope or under a previans city taming contract demonstrating honesty, promptness, skill, efficier~c~r and vehicle o~rner satisfaction; 3. ~istin availability of equipment, facilities, services and personnel; and ~. Financial ability, storage capacitor, location~~, types of services and ~rillingnes to improve or expand a~~a.ilable equipment, facilities and~or servfces. The contract shall be contingent upon proof that the tom operator is properly licensed to do business in the city and registered and licensed by the state 1n accordance v~ith Chapter 4~, . . subsequent to ward of the contract, tine finance director shall file a written statement Frith the city clerk providing the name, address, telephone nu~nbex, facsimile nurnher and email address of the contractor and the address of each storage place, The finance director ha11 ad~niniter and enforce the contract, IS D. The tow operator shall cornply with all applicable laws, ordinances and regulations, including chapter 4~.5 ~ ~w and any ~ reulatians promulgated by the finance director for the handling and disposing of towed ~rehic~es. Thy ~ finance director may cancel the contract u on .~ ~ f evidence that the tow operator has failed to comply with such laws, ordinances and regulatrons," . section ~ 5, Section 1 ~, ~, I20 of ~Z chapter 1 ~.~~, parades and Asse~nblles, 1S hereby amended as follows; `{~.~U~,1~~ appeal procedure, The app~~cant shall have the right to appeal a denial of a special event permit, or a condition unposed thereby, including the an~onnt of fees or clean-up deposits ipaposed pursuant to ~I ~ .~~. I I ~, or ~. detrrrzlnatlon that the appllcant~s certificate ~~` insurance does not comply with the requirements of BIM 12,oG~ 10~~ A written notice of appeal shall be f led within 1 ~ days frog the date of the denial or conditian~l approval. The written notice of appeal shall set Earth the specific grounds far the appeal and attach any relevant documents for consideration. The city council shall ~h~ar the appeal on the record provided from the designated city official, and upon public commend given at the scheduled hearing before the o~nc~l. ~'he hearing shall be scheduled na later than 3D days after receipt of ~. timely and proper notice of appeal. The decision of the city council on the appeal shall be final. If there is insufficient time for a timely appeal to be heard by the city council prior t~ the date ,on which the event is scheduled, the applicant 1nay, at the applicants option, request that the city rr~ana er • . hear the appeal. The city n~an~ er ' ~ shad bald a hearing no ,, later than five business days af~cr the filing of the appeal and shall render a decision na later than one business day after the hearing on the appeal is closed. If :the appeal is requested and beard before the city mono er~~~,~~„ ~+~~+~~, the city , . ana er's decision shall be final,+, Section ~. section I2;40,00 of BI chapter 12.40, watercraft and Floating ~o~ries~ is hereby amended as follows; ;`f ~,4~.~~ ~.eslde~t anchor~out lf~e~hoard vessels. A, for the purposes of this section, "resident anchor-out live-aboard vessel" ~"livewaboard vessel"~ means ~ 1 ~ a vessel licensed, if applicable, and designed for use as a rr~obile structure, with adequate self propulsion and steering equipment to lie operated as a vessel, but which is principally used as an aver~water residence; or ~~} floats aad barges used as residences that were present in city waters on eptelnber 7, ~ X98. l9 principal use as an over-water residence means essentially ull^tinr~e accupancy Within the cit' jurisdiction for a total of more than ~o days, £: whether or not consecutive, in al~y calendar year. "' , . Notwithstanding any other provision in this section, the registration, ~'~ .` ~S renewal of re istratian and incatian ~e uirel~ne~ats of subsections through -~-- ~` ~ of this section shall nat apply to live-aboard vessels that are properly . rnoared or anchored In any private manna. . Thase live~aboard vessels which were present in city waters on epternbe~r ~', ~ X95, or were registered with the city on or befarc epte~nber 7, 199, shall be permitted to remain in Eagle Harbor pursuant . to the condlt~ons and rcgulatiolas provided by this chapter; provided, that nothing in this chapter shall be construed as limiting, usurping ar prejudicing the Washington state department of Natural Resource's ownership rights in the bedlands of bale Harbor ar the department's ability to ~aforce these rights against the otherwise permitted live-abaard vessels in Eagle Harbor; and provided further, that livc~aboard vessels which are permitted to rel~ain in Eagle Harbor pursuant to this chapter shall be subject to al~y further terms and conditions imposed upon the vessels by the city pursuant to any lcaseiaold interest in the eagle Harbor bedlands that the city rr7ay acquire from the w~ashington State i]eprtlnent of Natural l.esources subsequent to the effective date of the ordinance codified iz~ this section, Except as provided y subsection H of this section, an owner of alure-abaard vessel which was not present In city ~• waters on Se ten~ber ~'~ 1 ~~S or re istered with the city as of September 7, f. -~. p g 1~, must iln~.ediately remove the live~ab~ard vessel from the waters within the city's jurisdiction, `~~ D. Those live-abaard vessels which arc permitted to remain within the C1ty' jurisdiction pursuant to this chapter mar anchor or moor only ~n Eagle Harbor and only at the iacation or locations designated by the city, as prav~ded In this section. The general a~aclaorage location of perr~~itted live~abaard vessels within Eagle Harbor sha~1 be deterrnincd by the city council upon rccomm.enation of the harbor conunission. The specific anchorage location of each individual live-aboard vessel shall be determined by tk~e city rnna er ' ' .The designated anchorage location or locations shall be limited to an area or areas where the presence of the live-aboard vessels shall not carrapron~ise the public's lnt~~'est 11~ water-dependent nav~gatlon, cal~nrnerce, envlronnlental C~llallty and other related considerations. until such tune a the city designates the general and specific anchorage locations within eagle Harbar pursuant to this section, the dive-abaard vessels permitted to remain in eagle Harbar pursuant to this chapter shad remain in the iacation they occupied s of the passage date of the ordinance codified in this section; provided, that any live-abaard vessels which are not located within Eagle Harbor as of the passage date off' the ~:~ ordinance shall move to a location within eagle Harbar, as designated by the city many er ' ' 2~ upon the city's designation of the general and specific anchorage ~~ lacatlQns o the permitted lire-aboard vessels, each owner of a lire-aboard ~e~el shah move the owner's l~ve~abo~d vessel to the designated _ ~ anchorage location within one month of the designation and shall not be } emitted to ~.aor or anchor the ~ive~~.board vessel in an other area within eagle Harbor, ~. The city rnana er ' ` or ~ the city .. ana ar's designee shall maintain registration log of those ~~ve-aboard vessels prn~xtted to remain within eagle Harbor pursuant to this chapter. The city's registration log of permitted live~abaard vessels shall _ai~nually be re~.ewed by the city clerk during the month of January, At the time of the annual reg~stra~ion update, owners of permitted ii~re-aboard ~ressels shall pay a registration renewal fee ~as established by resolution: The registration renewal fee shall be in addition to any lease payment or permit ar licensing fey imposed by tae state or the city. ~. An owner of a permitted live-aboard vessel who reino~es the ~live- aboard vessel from eagle Harbor. far a period longer than 13 ~ consecutive days, as determined by the chief of police or designee, shall forfeit the live~ahoard~ ~vesse~ registration privileges under this section; provided, that vessels used for cornrnercial fishing may b absent for period of loo cansecuti~re days without forfeiture. exceptions fox absences supported by good cause, including, but not 11m1td to, erriei`gericy rebuilds, may be allowed by the city inana er ` ' or designee in the city ana er's or designee's discretion, . ~ C. The registration privileges pro~rided by this section are ndiatransferabl ~ ~ . and may not be assigned, con~reyed or otherv5~ise transferred to another person. H. The owner of ~ live-aboard vessel that is not permitted to remain in eagle Rather pursuant to subsection of this section may apply to the city clergy for livewaboard vessel registration privileges. The city clerk shall i~la.l~ltain a waitli]g list for those additional live-aboard vessels, and any registration .privileges issued after the effective date of the ordinance codlf led 1n this section shall ~e o a xst-came, ~rtMscr~c basis. N~o additional dive-aboard vessels shall be permitted to register with the city, or to n~aar or anchor in eagle Harbor, unless and until the fiiture number and permitted location of the liveaboard ~ressels in eagle Harbor have been determined by the city council. ~, N~o more than one access float acid two dinghies or skiffs per live-aboard vessel shall be permitted. Qwnership of the drnghio~ and skiffs shall b clearly identified; unidentified dinghies and skiffs shall be irnpaunded. The total surface water coverage far alive-aboard vessel and aecoi~pany~ng float and dinghies ar skiffs shall not exceed 1,00 square feet, ~, ~o owner, operator ar occupant of any lure-aboard vessel shall :~ discharge sewage or dump garbage into the water, Ali sewage generated upon any li~veYaboard vessel shall be properly disposed of at a suitable upland sewage facility, ~~ ~., The certif'ieated hauler Ohl ~ txan~s~nit the proposed tariff to the city ~..- ~, ad~ninistratar at least 3~ days prior to actin by the ~T 'E - ` ~. The city ~v~~~ re~ie the proo~ed tariffs to determine their co~rnpl~ance with the pro~isio~.s of this chapter. - -i . The certifieate~ hauler shill notify the pity within one week. after the t~xiffs are approved by the ~~', The ~noti~catian shall specify the rates ap~aro~ed by the UT and the effecti~re dates for the rates." section ~a, section 1 x.25, ~ $a of ~I chapter I .~, valid to 1~Ianagement, is hereby ~.rraended as folln~rs: ~ - "13,28, ~ ~~ Fu~~ program lm~p~e~e~n~a~~o~, ., The .city n~.ana er~~a,,.,;~„~f~~,{^~ shall notify the ~` that the city viii exercise its authority to establish service le~ei far the collection of source-separated rcyclab~es Pram city ~res~dences as specified ~~ thxs chapter, The prograrr~ shall be considered filly in~plen~ented when tha following conditions are rnet: I , The certificated hauler has received ppro~ral by the JT for tts tariff filings far recyclabls; and 2, The services are available to all mho want service. customers must be able to receive cont~.iners within 21 days of a request and receive their first collection ~rithin days of a request." Section ~ l , ectian 15,~7.a~a of BIIVI chapter 15,37', Transfer of ~eveloprr~ent fights, is hereby amended as follows; "18.37.UG0 ~cter~lna#ion of deve~op~mer~~ rights from a sending area, A, An owner of read prape~t~r desiring to sell or transfer develaprnent rights shall submit an application far se~rerance of de~elaprnent rights to the pity n1~na er ' ' ,The City n~ana er ' ' or designee shli determine the forrri of the application and the infoia.atian required for a complete ap~licatian, All, ar a portion af, the de~relopi~erit rights may ~e included in the application. ~, The city mono er~~~; ~f~~~„~ or designee shall determine the number of develaprnent rights available far severance, subject to BIII~ 15.~7.03~.. The city shall ts~ue a certificate documenting the number of a~railable develapinent rights," Section ~~. subsection ~~~ of Section l8. ~ 1 ~.aa of Bll chapter 1 ~, l l7, an~prehensi~re Plan A~rriendn~ent administrative procedure, is hereb amended as y follov~s; Z "~, Written ~~a~~ysis. far ~a~h pr~Pased arn~~~dent, staff for the Iead d~ a~tment, as detern~lned b~ the cit a ~ e~e~} iii PrePa~e ~ ~~~ - ~rr~tten ~.nai sis far the P1n~ai~ c~n~sian. The analysis ~rii1 e acco anied h a recemrnendation that the propose ar~er~dment be ~ . ~ ~ a~pro~ed, denied, . o~ appro~~d ~ with odificatian, ~r~posals mad he ~- ~ - gxoup ed end evaluated h~ - geographic sector andlar suh~ ect mater to be as-~ess~+d far ~U~Ylulat~Y~i 1~~L~~+L.~~ ectto~. 4 ~ If any section, s~bsoetion, paragraph, sentence, clause or phrase of this ordinance is declared invalid or nnc~nst~t~tianal for a~n~ reason, ,such derision shall riot affect the validity of the remaining Portions of this ard~nance.. ectia~a 44~ This ard~nance shall take effect and he ire force five {S} days aver its Passage, approval .and publication as provided b~ lam. P.~l b the ~t ~ aunc~~ this 28~' da of ~cto~er, ~~a. ~. ~ APPR'~~~ ~~ the Nla~or this ~~ dad ofo~ember, ~~~9. hristapher r~o~, aor . ~TTETIATHENT~A~T~~ -~ ~ Rosalind ~. Easso~f, its lerl~ ~~~~~ ~V'~TH THE ~lT ~.ER~: PASSED ~~ THE ~ZT`~ ~ThI~L: PCJBE~T~~~ DATE: E~~'ET~VE ~ATE~ October 6, 2aa October ~, 2~a ~o~rember ~, ~~~9 ~a~e~nber 1 ~, ~~~~ ~~~9~Z l - ~~