HomeMy WebLinkAbout001247 Original Contract The City of Port Angeles
Record # 001.247
SERVICE AGREEMENT
BETWEEN THE
THE CITY OF PORT ANGELES
AND
SSA Acoustics, LLP
Services Agreement
RELATING TO: CODE COMPLIANCE NOISE STUDY SERVICES
THIS AGREEMENT is made and entered into, by and between THE CITY OF PORT
ANGELES, a non-charter code city and municipal corporation of the State of
Washington, (hereinafter called the "CITY") and SSA Acoustics, LLP (hereinafter
called the "CONSULTANT").
NOW, THEREFORE, in consideration of the above representations and the terms,
conditions, covenants, and agreements set forth below, the parties hereto agree as
follows:
I SCOPE OF WORK
General Scope.
CONSULTANT'S scope of professional services is in the attached Exhibit A and shall
include all services and material necessary to accomplish those services.
The CITY may review the CONSULTANT'S services, and if they do not meet the
professional standard of care, the CONSULTANT shall make such changes as may be
required by the CITY. Such changes shall not constitute "Extra Work" as related in
Section XII of this Agreement. Any changes made necessary due to causes outside the
CONSULTANTS reasonable control shall be provided as an extra work herein.
The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the applicable professional standards and in compliance with
applicable federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties.
The Additional Scope of Work listed in Exhibit A is an option that the CITY may
exercise, Should the CITY exercise the option for the Additional Scope of Work, CITY
will notify the CONSULTANT in writing. The CONSULTANT will have 60 days to
complete the Additional Scope of Work after the CITY notifies the CONSULTANT that
the CITY is exercising the option.
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II OWNERSHIP OF DOCUMENTS
Upon completion of the services, all documents, exhibits, digital photos, or other
presentations of the services, with the exception of those standard details and
specifications regularly used by the CONSULTANT in its normal course of business,
shall, upon payment of all amounts rightfully owed by the CITY to the CONSULTANT,
become the property of the CITY for use without restriction and without representation
as to suitability for reuse by any other party unless specifically verified or adapted by the
CONSULTANT. However, any alteration of the documents, by the CITY or by others
acting through or on behalf of the CITY, will be at the CITY's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S
representative is subject to the CITY's approval.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties
and written direction to proceed from the CITY. The duration of the Agreement shall
extend through January 31, 2018. The work shall be within 120 days of the notice to
proceed from the CITY.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement.
Such payment shall be full compensation for work performed, services rendered, and all
labor, materials, supplies, equipment and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor,
overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as
set forth in the attached Exhibit A.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices
shall detail the work, hours, employee name, and hourly rate; shall itemize with
receipts and invoices the non-salary direct costs, subconsultants, and outside
services; shall indicate the specific task or activity in the Scope of Service to which
the costs are related; and shall indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for the percentage of the
project that has been completed less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the
event of a disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made after the
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completion of the work and acceptance by the CITY.
F. Payment for"Extra Work" performed under Section X11 of this Agreement shall be
as agreed to by the parties in writing.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total
compensation and reimbursement under this Agreement, including labor, direct non-
salary reimbursable costs, subconsultant costs and outside services, shall not exceed
the maximum sum of$6000, The budget for each task is as set forth in the attached
Exhibit A. Budgets for tasks may be modified upon mutual agreement between the two
parties, but in any event, the total payment to CONSULTANT shall not exceed $6000.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Agreement is that of owner-independent contractor. The
CONSULTANT is not an employee of the CITY and is not entitled to the benefits
provided by the CITY to its employees. The CONSULTANT, as an independent
contractor, has the authority to control and direct the performance within the scope of
work to be provided. The CONSULTANT shall assume full responsibility for payment of
all Federal, State, and local taxes or contributions imposed or required, including, but
not limited to, unemployment insurance, Social Security, and income tax.
V111 EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or
services under this Agreement, shall be considered employees of the CONSULTANT
only and not of the CITY, and claims that may arise under the Workman's
Compensation Act on behalf of said employees while so engaged, and any and all
claims made by a third party as a consequence of any negligent act or omission on the
part of the CONSULTANT'S employees while so engaged, on any of the work or
services provided to be rendered herein, shall be the sole obligation and responsibility
of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any
CITY employee without the CITY's written consent.
IX NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner which assures fair, equal
and non-discriminatory treatment of all persons, without respect to race, creed or
national origin, or other legally protected classification and, in particular:
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A. The CONSULTANT shall maintain open hiring and employment practices and will
welcome applications for employment in all positions, from qualified individuals who
are members of minorities protected by federal equal opportunity/affirmative action
requirements; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or
local laws or regulations issued pursuant thereto, relating to the establishment of
nondiscriminatory requirements in hiring and employment practices and assuring
the service of all persons without discrimination as to any person's race, color,
religion, sex, Vietnam era veteran status, disabled veteran condition, physical or
mental handicap, or national origin.
X SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this
Agreement without the written consent of the CITY.
B. In all solicitation either by competitive bidding or negotiation made by the
CONSULTANT for work to be performed pursuant to a subcontract, including
procurement of materials and equipment, each potential sub-consultant or supplier
shall be notified by the CONSULTANT of CONSULTANT's obligations under this
Agreement, including the nondiscrimination requirements.
XI CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party
may request changes in the Scope of Work. Such changes shall not become part of
this Agreement unless and until mutually agreed upon and incorporated herein by
written amendments to this Agreement executed by both parties.
XII EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in
connection with this Agreement, in addition to the Scope of Work set forth in Exhibit A
and minor revisions to satisfactorily completed work. Such work shall be considered as
"Extra Work" and shall be addressed in a written supplement to this Agreement, The
CITY shall not be responsible for paying for such extra work unless and until the written
supplement is executed by both parties.
X1111 TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (1 U)
days written notice to the CONSULTANT. Written notice will be by certified mail
sent to the CONSULTANT's designated representative at the address provided by
the CONSULTANT. As a condition precedent to termination for cause the
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CONSULTANT shall be given the notice period to cure such cause and shall have
failed to so cure.
B. In the event this Agreement is terminated prior to the completion of the work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents
that are the property of the CITY pursuant to Section 11 above, shall be delivered to
and received by the CITY prior to transmittal of final payment to the CONSULTANT.
XIV INDEMNIFICATION/HOLD HARMLESS
The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or in connection with the performance of
this Agreement, except for injuries and damages caused by the sole negligence of the
CITY.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence
of the CONSULTANT and the CITY, its officers, officials, employees, and volunteers,
the CONSULTANT'S liability hereunder shall be only to the extent of the
CONSULTANT'S negligence, It is further specifically and expressly understood that the
indemnification provided herein constitutes the CONSULTANT'S waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement.
XV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, employees or subcontractors.
No Limitation. CONSULTANT'S maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the CONSULTANT to the
coverage provided by such insurance, or otherwise limit the CITY'S recourse to any
remedy available at law or in equity.
A. Minimum Scope of Insurance
CONSULTANT shall obtain insurance of the types described below:
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1. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy shall
be endorsed to provide contractual liability coverage; and,
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
contractors, products-completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The Commercial
General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be
no endorsement or modification of the Commercial General Liability Insurance for
liability arising from explosion, collapse or underground property damage. The CITY
shall be named as an insured under the CONSULTANT'S Commercial General Liability
insurance policy with respect to the work performed for the CITY using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage, and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of
the State of Washington; and
B. Minimum Amounts of Insurance
CONSULTANT shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of$1,000,000 per accident.
Z Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate,
C. Other Insurance Provisions
The CONSULTANT'S Automobile Liability and Commercial General Liability insurance
policies are to contain, or be endorsed to contain that they shall be primary insurance as
respect the CITY. Any insurance, self-insurance, or insurance pool coverage
maintained by the CITY shall be excess of the CONSULTANT'S insurance and shall not
contribute with it.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:Vll.
E. Verification of Coverage
CONSULTANT shall furnish the CITY with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the CONSULTANT
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before commencement of the work.
F. Subcontractors
The CONSULTANT shell have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which
determination shall be made in accordance with reasonable and prudent business
practices.
G. Notice of Cancellation
The CONULTANT shall provide the CITY and all Additional Insureds for this work with
written notice of any policy cancellation, within two business days of their receipt of such
notice.
H. Failure to Maintain Insurance
Failure on the part of the CONSULTANT to maintain the insurance as requiredshall
constitute a material breach of contract, upon which the CITY may, after giving five
business days notice to the CONSULTANT to correct the breach, immediately terminate
the Agreement or, at its discretion, procure or renew such insurance and pay any and
all premiums in connection therewith, with any sums so expended to be repaid to the
CITY on demand, or at the sole discretion of the CITY„ offset against funds due the
CONSULTANT from the CITY.
XVI APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the
State of Washington, and in the event of dispute the venue of any litigation brought
hereunder shall be Clallam County,
XVII SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all
prior written or oral understandings, and may only be changed by a written amendment
executed by both parties.
XVIII QUALIFICIATIONS
CONSULTANT is in full compliance with the statutes of the State of Washington for
professional registration and other applicable requirements. CONSULTANT has the
background, experience, and ability to perform the required work in accordance with the
standards of the profession. CONSULTANT provide qualified personnel and
appropriate facilities necessary to accomplish the work.
XX ATTACHMENTS
The following exhibits are hereby made a part of this Agreement:
Exhibit A — Scope of Work/Budget
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
last signature affixed below.
CITY OF PORT ANGELES SSA ACOUSTICS, LLP
Dan McKeen, City Manager Al Burt, F�artner
Date: -7 1 '-7 Date: 7/12/17
A R VED AS TO F
William E. E;T6or, Citi ey
ATT,TEST:
v�'c6c tl
"j6nnifef Veneklasen, City Clerk
Page 8 of 12
EXHIBIT A -
SCOPE OF WORK
MAIN SCOPE OF WORK
1. Review the site plans, identify I establish source and receiver locations, noise level
requirements, and other criteria.
Z Travel to the site or accessible nearby properties to meet with the project team, and
conduct an initial walk through to establish measurement locations and put together a
measurement plan.
3. Conduct the following noise level measurements:
Property line noise level measurements:
a. Conduct long-term noise level measurements with noise monitors at or near the
project property boundaries.
i. Noise levels will be measured with noise monitors that will collect hourly
noise levels.
ii. Noise monitors will be able to record exceedances to determine the
sources.
iii. The monitors will measure noise levels over a minimum 48-hour period,
and will collect data during daytime and nighttime hours.
iv. Multiple noise monitoring periods may be conducted to ensure the full
scope of operations is monitored.
b. Short-term measurements will also be conducted at these locations and
intermediate locations around the industrial use properties to verify sound levels
and collect spectral data.
Source noise level measurements:
a. Conduct short-term noise level measurements of noise sources within the
industrial use activity area to determine noise levels from the source activities.
4. Process and analyze the sound level data and reduce appropriately for reporting.
5. Provide a report documenting the measurements results with respect to the criteria.
6. For noise levels exceeding the design criteria:
a. Determine noise reduction required to meet the code requirements for each noise
source causing exceedances.
b. Develop noise control measures, including noise shields/enclosures and exhaust
silencing for the equipment to meet the required levels,
c. Provide a report documenting the equipment, analysis/calculations, noise control
measures, and product information.
7. Be available to support your office with questions that may come up regarding code
compliance issues for noise.
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ADDITIONAL SCOPE OF WORK
After installation of mitigation, as an option we will provide the following services to verify noise
levels are in compliance with code requirements-
1. Conduct long-term noise level measurements with noise monitors at or near the project
property boundaries.
a. Noise levels will be measured with noise monitors that will collect hourly noise
levels.
b. Noise monitors will be able to record exceedances to determine the sources.
c. The monitors will measure noise levels over a minimum 48-hour period, and will
collect data during daytime and nighttime hours.
d. Multiple noise monitoring periods may be conducted to ensure the full scope of
operations is monitored.
2. Process and analyze the sound level data and reduce appropriately for reporting.
3. Provide a report documenting the measurements results with respect to the criteria.
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EXHIBIT B -
SCHEDULE
Project Schedule
This schedule is based on a Contract Notice to Proceed issued on or before July 17,
2017.
Task Description Deliverable Milestone
Site visit, set up monitors, noise
measurements
2 Process and analyze data with respect to Measurement report 11/14/17
code requirements, document results
Develop noise control measures for Noise control report 11/14/17
3 i
I equipment exceeding code limits
A4 Follow-up noise measurements
Follow-up noise measurements
A5
Process and analyze data with respect to
code requirements, document results Measurement report 1/13/17
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EXHIBIT C -
FEE SCHEDULE
Scoa of Services Fee
_ cs
._..._ _ .. ......._ .........._.. .. —,aw_ _.�...
Main Scope of Work $4000
�
Additional Scope of Work $2000
Page 12 of 12
description of power contained in this title, and any such specifically
enumerated powers shall be construed as in addition and supplementary to the
powers conferred in general terms by this title.21
As a result,generally the rule of ejusdern generls will not be applied by the courts to limit
the powers of code cities.
E. Local Government Administration under the Optional Municipal Code
The Optional Municipal Code provides for flexibility in the administration of municipal
government,thus permitting code cities to adjust their procedures and programs to meet
individual needs. While the Code provides cities with the ability to exercise broad
municipal powers,code city officials and agencies themselves do not automatically have
such power. The Code itself establishes the powers and responsibilities of some officials,
such as councilmembers, the mayor, and the city manager; other city officials have only
such powers as the city council vest in them,22 The result is to increase the administrative
choices available to code cities and to provide an organizational flexibility unavailable to
second class municipalities and towns.
F. Specific Statutory Advantages
In addition to the analytical differences in the scope of code city powers, there are a
number of specific advantages of the Optional Municipal Code:
1. Annexation Petitions for Election Method,Initiated by Ten Percent Petition23
Under the petition for election method of annexation in code cities, the signatures of
qualified electors equal to only ten percent of the votes cast at the last state general
election are required for a petition to annex territory. RCW 35A.14.020. In all other
classes of cities, the petition for election method requires the signatures of qualified
voters equal to twenty percent of the votes cast in the last state general election.
RCW 35.13.020.
2. Appointive Positions
Except for the city manager under the council-manager plan, the only appointive
officers required by statute in a code city are the clerk and chief law enforcement
officer. All other appointive officers are to be provided for by local charter or ordinance.
RCW 5A.12.020 and 35A.13. .
3. Board of Park Commissioners
The restrictions placed on the establishment of a board of park commissioners in
2'RCW 35A.01.010.
'RCW 35A.1 l.020. The powers of some officials,of course,such as councilmembers,mayors,clerks,and
city managers,are defined,at least in part,by the Optional Municipal Code itself.
23Note that code cities that plan under the Growth Management Act may only annex property that is located
within their identified urban growth area. RCW 35A,14.005.
6 Code City Handbook
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second class cities and towns by RCW 35.23.170 are not applicable to code cities,thus
allowing a code city to establish a board with whatever number of members it may
desire. RCW 35A.11.020,35A.12.020,and 35A.13,080.
4. Codification of Governing Statutes
The Optional Municipal Code contains a complete compilation or reference to all
general state laws applicable to code cities. Many of the statutes relating to cities and
towns scattered through the 91 titles of the Revised. Code of Washington (RCW) are
included by reference in "Title 35A, making there more readily available and
discernible.
5. Compensation for First Elective Officers of a Newly-Incorporated City=
The Code provides for interim compensation for the first elective officials of a newly
incorporated code city. The compensation set out by the Code is to be paid until a
salary ordinance is passed and becomes effective. RCW 35A.12.070 and 35A.13.040.
These interim salary provisions overcome the prohibition contained in Art. X1,Sec. 8
of the state constitution that the salary of municipal officers may not be increased or
diminished after their election or during their term of office. Other classes of cities
have no similar provision for the interim compensation of their first elected officials.
6. Elective Positions
The code limits the required elective positions of the city to those of the city's
legislative body and that of mayor, if the city operates under the mayor-council plan.
RCW 35A.12.010 and 35A.13.010. Linder the council-manager plan, the mayor is
chosen by and from among the city's elected councilmembers or,at the option of the
voters, the mayor's position on the council may be designated as "position one" and.
thereafter the person elected to that position assumes the title of mayor.
RCW 35A.13.033. The Code eliminates the need for electing an attorney,city clerk or
treasurer,as may be required by general law in some other classes of cities.
7. Initiative and Referendum
The voters or the city council of a noncharter code city can, under RCW 35A.I 1.080,
provide for the exercise in their city of the powers of initiative and referendum.
Acquisition of such powers is not automatic,however,either upon the incorporation or
reclassification of a city as a noncharter code city. The process to acquire the powers
can be initiated either by council resolution or by a petition of the voters with the issue
then decided by election. For example, if the voters petition to obtain the powers of
initiative and referendum, an election must first be held to determine whether those
powers should be made available. Only if a majority of the votes cast favor the grant
of such powers are the voters in a position to later exercise the powers of initiative and
referendum on specific issues. In non-code cities the powers of initiative and
referendum are also available if the city operates under a commission form of
government; such powers are not available in second class cities and towns.
S L.I.D.Assessment Collection Deferral
Code cities may utilize RCW 35.43.250 to provide for the deferral of collection of special
assessments on property, such as I.I.D. assessments, from economically
Code City Handbook 7
disadvantaged persons. The authority to defer collection of assessments from
economically disadvantaged persons is not available to second class cities or towns at
this time.
$S)Plannine
In code cities, city planning and zoning activities are conducted independent of the
1935 Planning Commissions Act (Ch. 35.63 RCW), and pursuant to Ch. 35A.63
RCW and Ch. 36.70A RCW (the Growth Management Act). As a result, code cities
benefit from more flexible procedural requirements and have a wider range of choices
in determining the form planning is to take within their city.
Second class cities and towns generally operate under the 1935 Planning Commissions
Act,although Ch.36.70 also authorizes cities to participate in regional planning.' The
Planning Commissions Act requires such cities to have a planning commission. In
contrast, a code city may establish a "planning agency" which may be a planning
department, a person, staff or body, rather than a planning commission.
RCW 35A.63.010(8). Like other cities, a code city may also provide for a hearing
examiner,thus enabling the city's planning agency to better concentrate its efforts on
planning and long-range goals. RCW 35A,,63.170; see also RCW 35.63.130
I0))rocedwal Matters in Planning Actions'
Some procedural requirements, such as holding public hearings on comprehensive
zoning plans before both the planning agency and the city council,have been modified
or eliminated in the Optional Municipal Code, See RCW 35A.63.070, D72-080, .100,
and .1501. The Code also provides that no procedural irregularity or informality in the
consideration, hearing, and development of a comprehensive plan or any of its
elements will affect the validity of any zoning ordinance or amendment to a zoning
ordinance enacted by a code city after approval of the comprehensive plan.
RCW 3 A.63.080. This provision removes some of the bases used to invalidate zoning
ordinances in other cities under the Planning Commissions Act, Ch.35.63 RCW.,
Procedural requirements for code cities required to plan under the Growth
Management Act are set out in Ch. 36.70A RCW.
11.Pro Tempore Appointments
The Code makes provisions for appointment of a mayor pro tempore or deputy mayor
to serve in the absence or temporary disability of the mayor. RCW 35A.12.065 and
35A.13.035. The Code also provides for the appointment of a councilmember pro
"See Chapter VITT of this publication for more complete information on planning and zoning in code cities.
2'The power to zone is derived either from state statute or directly from the Constitution itself. Many cities.
and towns of the state are governed by the Planning Commissions Act,Ch.35.63 RCW. Once a city or town chooses
to zone pursuant to Ch.35.63 RCW,it must thereafter(unless it becomes a code city)abide by the terms of the act.
See Lauterbach v.Centralia,49 Wn.2d 550,304 P.2d 656(1956). Some cities,however,have opted to zone pursuant
to the police powers granted by Article X1,Section 11 of the state constitution. See,e.g.,Nelson v. City of Seattle,
64 Wn.2d 862, 867-868, 395 R2d 82(1964). Cities and towns may participate in regional planning pursuant to
Ch.36.70 RCW,the Planning Enabling Act.
'See Chapter VM of this publication for a more complete discussion of planning in code cities.
8 Code City Handbook
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tempore to serve during the extended excused absence or disability of a
councilmember. The second class city and the town statutes make no provision for
appointment of a councilmernber pro tempore.
12.Restrictions on land Area
The restrictions on the area which may be included within the corporate limits of a
town (RCW 35.21.010) are inapplicable to code cities.
13. Size of City Council
Code cities have greater flexibility than non-code cities in determining the size of their
city council. See RCW 35A.12,010 and 35A.13.010. When an existing city or town
elects to reclassify as a noncharter code city,the size of the city council of the new code
city is determined by the Optional Municipal Code. For municipalities of less than
2,500 inhabitants,the size of the council is fixed at five. For municipalities of 2,500 or
more inhabitants,the size of the council is fined at seven. When an existing code city's
population increases to 2,500 or more,however,the code city council has the option to
retain its five-member council or to provide for a seven-member council. The council
size does not mandatorily increase to seven members until the code city reaches a
population of 5,000 or more inhabitants. if an existing code city"s population decreases
from 2,500 or more to less than 2,500, the city continues to have a seven-member
council. By contrast, the size of the council in non-code cities is dictated by statute.
See RCW 35.23.021, 35.27.070,and 35.18.020.
A city with seven councilrnembers and having a population of less than 5,000 which
reclassifies under the Optional Municipal Code may reduce its number of
councilmembers from seven to five members. See RCW 35A.12.010 and 35A.13.010.
14.Division of City into Wards
The Code provides for the optional division of a code city into wards without restriction
on the number of wards into which it may be divided. RCW 35A.12.180 and
35Aw 13.220. While the city council of a second class city may also divide the city into
wards,there is a restriction upon the number of wards permitted. See RCW 35.23.550.
The town statutes make no provision for division of a town into wards.
Adoption of the Code in no way diminishes the powers a city possessed under its prior
classification, but the adoption instead provides the city with a variety of powers
previously enjoyed only by first class cities. At its inception the Code was forward
looking. A number of provisions of the Optional Municipal Code have subsequently
been enacted into the state general law and thereby made available to other classes
of municipalities. For example,the budget law enacted in 1969,applicable to all cities
and towns with a population of under 300,000,first appeared in the Optional Municipal
Code `
27Ch. 35.33 RCW (Ch. 95, Laws of 1969, Ex. Sess.) was modeled after the provisions of the Optional
Municipal Code,Ch.35A.33 RCW.
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