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
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~, ~'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 -
~~