LOG NUMBERS

BGI, / CEO

I 1 XJI VIVA RSM1k I

JT ROUTING: TO: COUNCIL CHAIRPERSON: John Lovick SNOHOMISH COUNTY COUNCIL

Stephen Clifton ( Mark Thunberg fi& EXECUTIVE RECOMMENDATiON:

IF Facilities Management Approve No Recommendation Mark Thunberg Further Processing

•1 Property Management RequctLI By • j 70 F Cherie Hutchins

Ext. 3400 \ceIaI 0111cc Sinature

CLOStafFRevie Received at Council Office

DO( UMEN1 TYPE: BUDGET ACTION: GRANT APPLICATION

Emergency Appropriation X ORDINANCE Supplemental Appropriation Amendment to Ord. #

Budget Transfer PLAN CONTRACT: OTHER

New

Amendment

HANDLING:NORMAL X EXPEDITE URGENT DEADLINE DATE

PURPOSE: Snohomish County Council approval of the Ordinance Correcting Citation References Amending SCC 2.400.065, SCC 4.26.025 and SCC 15.04.040.

BACKGROUND: County Council adopted Ordinance No. 14-080 on September 24, 2014 Relating to Procedures For Management and Disposition of County Property; Amending SCC 2.10.010; SCC 30.41 6.020 and Chapters 4.46 and 10.46 SCC.

Adoption of Ordinance40; I amended certain sections of SCC 2.10.010. As a result other sections of County code, SCC 2.400.065(2), SCC 4.26.025(2) and SCC 15.04.040(3) need to be amended to accurately reference the sections of SCC 2. 10.010 that were changed by Ordinance No. 14-080.

FISCAL IMP.LLC.AT1ONS:

EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU CURRENT YR I 2ND YR I 1ST 6 YRS

TOTAL I REVENUE: FUND, AGY. ORG, REV, SOURCE CURRENT YR I 2ND YR I I ST 6 YRS

TOTAL

!MENT FESCJt... No fiscal impact, correcting citation references only to SCC 2.400.065; SCC 4.26.025; and 15.04.040.

I3uI i . . Analyst Administrator Recommend Approval

CONTRACT INFORMATION: ORIGINAL CONTRACT # AMENDMENT CONTRACT #

CONTRACT PERIOD: ORIGINAL Start AMENDMENT Start

CONTRACT / PROJECT TITLE:

End End

AMOUNT

Arvioulsu

Cc . .. .

RISK MANAGEMENT

Yes No

COMMENTS

PR(L:I cl, (JUNG! TTORNEY - AS TO FORM: Yes V No

01111 1.. IMENTAL REVIEW / COM I NUS:

A. G ECAI\U T1+Qr4ndne cyrret ee Ecaf c G:ECAF\DnpJJEci1MnitJ

.: .

Ile

NON-ELECTRONIC ATTAC : "'TS: Ordinance No. 14- (2 Originals)

Unimi IR1S

I SNOHOMISH COUNTY COUNCIL

2 Snohomish County, Washington

4 ORDINANCE NO. 14-

6 CORRECTING CITATION REFERENCES;

7 AMENDING SCC 2.400.065, SCC 4.26.025 AND SCC 15.04.040

9 BE IT ORDAINED: 10

11 Section 1. Snohomish County Code Section 2.400.065, last amended by 12 Amended Ordinance No. 10-113 on December 15, 2010, is amended to read: 1.)

14 2.400.065 Approval of Contracts.

15 (1) The county executive is authorized to approve and execute any contracts and 16 contract amendments to implement a program administered by the department;

17 PROVIDED, agreements, if any, with state, federal or other sources of funds that are

18 necessary to provide funding for such contracts or contract amendments have been

19 previously approved and the county council has appropriated funds for such programs; 20 PROVIDED FURTHER, That the county executive shall submit to the county council an

21 annual report, not later than February 15th of each year, showing the parties, contract 22 amount, and purposes of each contract and contract amendment approved and

23 executed by the county executive under this section.

24 (2) This section does not authorize the county executive to approve contracts 25 with state or other sources of county funds for programs administered by the 26 department, when the state or other source of funds requires that such contracts must 27 be approved by the county council. The county executive may approve and sign

28 amendments to such contracts as authorized by SCC 2.10.010(24((26))), (25((2.7 1))) or

29 (28((0))) or by specific county council action.

30 (3) Contracts and contract amendments with private sector providers of home

31 care services, chemical dependency or mental health treatment services, or therapeutic

32 court services, that are approved by the county executive under this section must be

33 awarded in a manner consistent with contracting policies adopted under SCC

34 2.400.067, if applicable. 35

36 Section 2. Snohomish County Code Section 4.26.025, adopted by Ordinance

37 No. 11-047 on July 27, 2011, is amended to read: 38 39 4.26.025 Grant work plan. 40

41 (1) Any county official elected or appointed to administer an agency of the county

42 may annually prepare a grant work plan for approval by the council. A grant work plan

43 must be submitted to the executive for inclusion in the supplemental information

44 submitted to the council in accordance with SCC 4.26.021. A grant work plan shall

45 describe each grant and include the following information for each grant: agency

ORDINANCE NO. 14- CORRECTING CITATION REFERENCES; AMENDING SCC 2.400.065, SCC 4.26.025 AND SCC 15.04.040-1

1 division, fund, program, purpose of grant, grantor, grant term, amount of grant award, 2 amount of matching funds required, source of matching funds, number of required FTEs

3 to perform grant (including an indication if new or project FTEs are required) and shall

4 include a summary table for all grants included in the grant plan. The director of the

5 department of finance shall prepare standard templates to be used for preparation of

6 grant work plans including grant descriptions and grant work plan summaries.

7 (2) The council shall consider grant work plans in conjunction with its

8 consideration of the annual budget or mid-biennium review. The council may revise a 9 grant work plan and approve the finalized grant work plan by motion. Council approval

10 of a grant work plan shall provide authority for the executive to approve and execute

11 grant documents (including but not limited to applications, certifications, contracts, and 12 subsequent amendments) to implement the approved grant work plan in accordance

13 with SCC 2.10.010(28((30))). Such council approval shall also provide authority for the 14 executive to approve and execute grant contracts for grants received in amounts up to

15 $50,000 greater than the amounts stated in the approved grant work plan. 16

17 Section 3. Snohomish County Code Section 15.04.040, last amended by 18 Amended Ord. 09-008 on February 25, 2009, is amended to read: 19 20 15.04.040 Authority-Manager/Executive 21

22 (1) Subject to the Snohomish county charter, the authority for the construction,

23 enlargement, improvement, maintenance, management, operation and regulation of the

24 airport and airport property is vested in the executive. Except as otherwise provided by

25 this article or directed by the executive, the airport manager shall be the executive 26 manager of the airport and shall be responsible for the management and operation of

27 the airport, including the powers to:

28 (a) Employ and manage such employees as are necessary to the

29 operation of the airport, including fire protection and security personnel as

30 specified under federal, state and local requirements: PROVIDED, That the

31 council shall approve all collective bargaining agreements between the county

32 and unions representing airport employees.

33 (b) Perform all acts necessary and incidental to the powers of the

34 manager as stated in this title.

35 (2) The foregoing powers of the airport manager shall be exercised subject to the

36 following additional conditions:

37 (a) All expenditures and incurring of obligations to pay money, including all

38 wages, salary, compensation, and price paid for any materials, equipment,

39 services or otherwise, shall be made in accord with the budget approved by the

40 council and all applicable budgetary laws and regulations of the state of

41 Washington and Snohomish county.

42 (b) All rules and regulations adopted and enforced and other acts

43 performed shall conform to and be consistent with the laws of the state of

44 Washington, including chapter 14.08 RCW, and the laws and regulations of the

45 state department of transportation, division of aeronautics, and shall be kept in

ORDINANCE NO. 14- CORRECTING CITATION REFERENCES; AMENDING SCC 2.400.065, SCC 4.26.025 AND SCC 15.04.040 -2

1 2

4 5 6 7 8 9

10 11 12 13 14 15 16 17

18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45

conformity, and nearly as may be, with the then current federal legislation and regulations governing aeronautics and the rules or standards issued from time to time pursuant thereto.

(c) Charges shall be reasonable and uniform and for the same class of service and established with due regard to the property and improvements used in the expense of operation to the airport fund and the county. (3) Any matter relating to management or operation of the airport that is

presented to the county council for action by or through the airport manager or executive, including but not limited to individual licenses or leases of airport property or proposed rates, terms or forms of leases to be approved by the executive under SCC 2.10.010(12((44))), shall be accompanied by a statement of the options that are available to the council, a written evaluation of their relative merits, and a written recommendation by the executive for council action.

PASSED this day of ______, 2014.

SNOHOMISH COUNTY COUNCIL Snohomish County, Washington

Chairperson

Clerk of the Council

( ) EMERGENCY

( ) VETOED

County Executive

ATTEST:

Approved to form only:

beputy rosutng Attorney

ORDINANCE NO. 14- CORRECTING CITATION REFERENCES; AMENDING SCC 2.400.065, SCC 4.26.025 AND SCC 15.04.040 - 3

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1 approved necessary contracts with state, federal, or other sources of funds, if

2 any funds from such sources are used, and the county council has appropriated

3 funds for such programs or projects; and PROVIDED FURTHER, That the county

4 executive shall submit to the county council an annual report, not later than

5 February 15th of each year, showing the parties, contract amount, and purpose

6 of each contract and contract amendment approved and signed by the county

7 executive under this section;

8 (((24))) 222 Approval of contracts and contract amendments implementing

9 programs or projects administered by the department of planning and

10 development services; PROVIDED, The county council has approved necessary

11 contracts with state, federal, or other sources of funds, if any funds from such

12 sources are used, and the county council has appropriated funds for such

13 programs or projects; and PROVIDED FURTHER, That the division shall submit

14 to the county council an annual report, not later than February 15th of each year,

15 showing the parties, contract amount, and purpose of each contract and contract

16 amendment approved and signed by the county executive;

17 (((25))) (23) Approval and submission of all applications for grants on behalf of

18 the county unless the granting agency requires approval of such applications by

19 the county council;

20 (({26))) Approval of contracts and, except when the county council by motion

21 or ordinance has restricted executive authority to approve amendments for

22 specific contracts, contract amendments on behalf of the county for funds,

23 property or services contributed to the county by grants, entitlements and shared

24 revenue of every kind and nature; which do not obligate the county monetarily

25 and implement programs, projects, or functions that the county council has

26 specifically authorized by motion or ordinance; PROVIDED, That the county

27 executive shall submit an annual report to the county council not later than

28 February 15th of each year, showing the parties, contract amount, and purpose

29 of each contract approved and signed by the county executive under this section;

30 (({27-}))2( Approval of contracts and, except when the county council by motion

31 or ordinance has restricted executive authority to approve amendments for

32 specific contracts, contract amendments on behalf of the county for funds,

33 property or services contributed to the county by grants that require match funds

34 of up to $50,000 which implement programs, projects, or functions that the

35 county council has specifically authorized by motion or ordinance; PROVIDED,

36 That the county executive shall submit an annual report to the county council not

37 later than February 15th of each year, showing the parties, contract amount, and

38 purpose of each contract approved and signed by the county executive under

39 this section.*

40 (({28})) Approval of purchase and other contracts on behalf of the county

41 that are recommended by the Snohomish county arts commission pursuant to

42 chapter 2.95 SCC, including but not limited to contracts limiting the use of

43 contributions to the arts fund and contracts providing for the purchase or use of

44 works of art, provided that such contracts comply with SCC 3.04.140 concerning

45 award and execution of contracts;

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19 Section 4. Snohomish County Code Section 4.46.110, last amended by P-, 0 Amended Ordinance No. 07-015 on March 21, 2007, is amended to read:

ORDINANCE NO. 14-080 RELATING TO PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY PROPERTY, ETC. - 7

Section 5. Snohomish County Code Section by Ordinance Amended to read:

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ORDINANCE NO. 14-080 RELATING TO PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY PROPERTY, ETC.

1 (11) Execute all documents for which the property management division is 2 granted signature authority; 3 (12) Conduct or approve the conduct of the disposition of all surplus 4 county property except disposition of property approved and conducted by the 5 purchasing manager or fleet manager pursuant to SCC 4.46.201; 6 (13) Execute all documents necessary to complete transactions for which 7 the property officer has approval authority.

15 Each county department shall: 16 (1) Maintain all personal property for which it is custodian; 17 (2) Promptly notify the property management division of any personal 18 property surplus to its needs; 19 (3) No later than the date in November designated by the property officer, 20 submit to the property management division a capitalized asset inventory report 21 verified by the department head or his or her designee. The inventory report 22 shall provide the following information with respect to each capitalized asset that 23 has been in the custody of the department at any time since it submitted the 24 previous capitalized asset inventory report: 25 (a) property description; 26 (b) date acquired by the county; 27 (c) original purchase cost; 28 (d) the estimated life; 29 (e) county identification number; and 30 (f) date of departmental acquisition and/or disposition. 31 The property management division may require the department to submit 32 additional information to ensure the validity of a submitted inventory report or to 33 comply with the requirements of RCW 36.32.210 as now enacted or hereafter 34 amended;

1 ((The)) Before February 15 of each year, the property management

2 division shall prepare and submit to the council for approval by motion, an

3 ((annuaI-saes)) inventory and disposition report((-Gucren4-as-of-the-pceGed4ng

4 December 31, of all county personal property showing the date sold name of

5 purchaser, sales price, type of sale, reason for disposal, and a sufficient

6 description to identify property. The sales report shall be submitted to the council

7 prior to February 15 of each year.)) listing all county capitalized assets held

8 during the previous calendar year under the standards set forth in RCW

9 36.32.210 as now enacted or hereafter amended, except that the fleet

10 management division of the department of facilities management shall prepare

11 and submit the report with respect to capitalized assets purchased and

12 maintained through the equipment rental and revolving fund.

13 ((The)) On the first Monday of March of each year, the property

14 management division shall ((advertise the filing of the sales)) file the approved

15 inventory and disposition report with the county auditor and make ((the

16 availability of)) the report available for public inspection in accordance with

17 ((RCW 36.32.215)) state law. 18 19

20 Section 8. Snohomish County Code Section 4.46.130, last amended by 21 Amended Ordinance No. 95-123 on January 3, 1996, is amended to read: 22

23 4.46.130 ((Duty to determine when personal property is surplus.))Personal

24 property - Declaration of surplus property. 25

1 if the property has an estimated market value less than $5,000 the 2

3 If it is $5,000 or or® the property administrator shall)), determine its

4 fair market value, and recommend to the individual or body authorized to approve

5 disposition under SCC 4.46.201 of the most advantageous disposal method ((to

6 the council)). 7

8 Section 9. A new section is added to Chapter 4.46 of the Snohomish County 9 Code to read:

10

11 4.46.141 Personal property - Disposition of surplus property. 12

13 The county may dispose of surplus personal property by:

14 (1) Public sale;

15 (2) Negotiated sale if the county offered the property for public sale

16 and did not receive a bid within the advertised minimum value and terms;

17 (3) Negotiated sale, lease, or trade to a governmental agency after

18 public hearing to the extent required by RCW 39.33.020;

19 (4) Negotiated sale of cut or fallen timber for firewood;

20 (4) Trade for new equipment as provided in SCC 3.04.130(l 1);

21 (5) Recycling;

22 (6) Disposal or destruction;

23 (7) Any method approved by council motion if the council also

24 determines an emergency to exist with respect to the property; or

25 (8) Any method authorized by state law.

26 All disposition of surplus personal property shall be at the fair market value of the

27 property except that council may authorize disposition at less than fair market

28 value upon making a written finding that the approved disposition will promote a

29 county purpose consistent with article VIII, section 7, of the Washington

30 Constitution. 31

32 Section 10. A new section is added to Chapter 4.46 of the Snohomish County 33 Code to read: 34

S . . I;,

RELATING TO PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY PROPERTY, ETC. - 11

1 department at any time since it submitted the previous real property

2 inventory report:

3 (I) parcel description;

4 (ii) present use;

5 (iii) cost of improvements made since the department submitted

6 the previous real property inventory report; and

7 (iv) whether the department considers the property surplus to its

8 future needs.

9 (2) The prosecuting attorney may file an action to quiet title with regard to real

10 property for which there is a legitimate dispute as to the county's title upon a

11 referral from the property officer, executive, or council;

12 (3) The property officer may approve, accept, and execute as necessary,

13 documents or deeds that:

14 (a) Correct errors in prior documents or deeds; and

15 (b) Resolve improper road reservations in treasurer's deeds. 16

17 Section 11. A new section is added to Chapter 4.46 of the Snohomish County

18 Code to read: 19

20 4.46.161 Real property Inventory and sales reporting. 21

37

1 (((b) The))whether the underlying zoning for the property supports

2 residential uses((-.))Land

3 (()-T4ie))the availability of public services and transportation within a

4 reasonable walking distance.

5 (2) ((Rest tionon-Use-of-Rropecty)) When ((the-GountyPopei4y

6 Administrator submits))makinq a formal recommendation ((to the County

7 outl)) on the potential use of surplus county real property for affordable

8 housing, (( ))the property officer shall also

9 recommend appropriate restrictions, if any, regarding future use of ((such

10 cea4))the property. 11

12 Section 14. A new section is added to Chapter 4.46 of the Snohomish County

13 Code to read: 14

15 4.46.181 Real property - Disposition of surplus property 16

ORDINANCE 'S

RELATING TO PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY PROPERTY, ETC. _ 1,

1 (12) Any method approved by council motion should the council also

2 determine that an emergency exists with respect to the property; and

3 (13) Any method authorized by state law.

4 All disposition of surplus real property shall be at fair market value of the property

5 except that council may authorize disposition at less than fair market value upon

6 making a written finding that the approved disposition will promote a county

7 purpose consistent with article VIII, section 7, of the Washington Constitution. 8

9 Section 15. A new section is added to Chapter 4.46 of the Snohomish County 10 Code to read: 11

12 4.46.191 Real property Authority to execute licenses and permits. 13

14 (1) Except as otherwise provided by ordinance, the execution of all

15 licenses and permits to occupy, use, or access county real property must be

16 approved by the council.

17 (2) The property officer may approve and execute:

18 (a) licenses and permits incidental to grants of easements

19 approved under SCC 4.46.201(2)(c); and

20 (b) licenses and permits to conduct surveys, soil testing, wetland

21 assessment, archeological assessment or similar observational or

22 investigatory activities after approval of insurance and indemnification

23 provisions by Risk Management.

24 (3) The executive may approve and execute:

25 (a) licenses and permits for non-commercial functions and events

26 supporting county operations or sponsored by county agencies at rates

27 approved by the council in the following facilities:

28 (i) Robert J. Drewel building 1st floor public meeting rooms

29 61 F03 (125) and 61 F07 (80), between the hours of 6:30 a.m. and

30 10 p.m., 7 days a week;

31 (ii) Robert J Drewel building conference rooms 6A02 (25),

32 6A03 (18), 6A04 (25), 61304 (8) between the hours of 8:00 a.m. and

33 10 p.m., Monday through Friday (except county holidays).

34 (iii) 3000 Rockefeller Plaza and Amphitheater between the

35 hours of 6:30 a.m. and 10 p.m., 7 days a week.

36 Such licenses and permits shall reserve the right to cancel bookings to

37 accommodate county operational needs.

38 (b) licenses and permits to use discrete portions of the

39 Administration West building, Robert J. Drewel building, Mission building,

40 Carnegie building, Multi-Service building, courthouse facilities, and other

41 county buildings otherwise used for county administrative purposes at fair

42 market value for periods of four years or less after approval of insurance

43 and indemnification provisions by Risk Management;

44 (c) licenses and permits to occupy or use premises of the

45 Evergreen State Fairgrounds as provided in SCC 2.32.150;

ORDINANCE NO. 14-080 RELATING TO PROCEDURES FOR AND DISPOSITION OF COUNTY PROPERTY, I

MANAGEMENT

1 (d) licenses and permits affecting any property under the

2 custodianship of the department of parks and recreation, including deeds

3 of right to use land for public recreation purposes, hazardous substances

4 certifications required for property acquired with funds granted by the

5 recreation and conservation office, and declarations and other documents

6 imposing protective covenants, conditions, and other restrictions on

7 property acquired with funds granted by the state conservation futures

8 program; and

9 (e) licenses and permits to occupy, use or access the Snohomish

10 County Airport as provided in SCC 2.10.010(12);

11 (f) licenses and permits incidental to haul route agreements and

12 waste reduction and recycling grant contracts as provided in SCC

13 2.10.010(17) and SCC 2.10.010(20); and

14 (g) licenses and permits required under SCC 10.06.030.

15 (4) The executive shall submit an annual report to the council not later

16 than February 15th of each year showing the licenses and permits approved

17 under this section and their parties, consideration, duration, and the terms of any

18 amendments. 19

20 Section 16. A new section is added to Chapter 4.46 of the Snohomish County

21 Code to read: 22

23 4.46.201 County property - Authority to approve disposition of surplus

24 property. 25

26 (1) Except as provided in this section or as otherwise provided by

27 ordinance, the council must approve the method used for the disposition of

28 surplus county property.

29 (2) The property officer may approve the disposition of surplus property in

30 the following circumstances:

31 (a) Sales of county property valued at $10,000 or less;

32 (b) Recycling, disposal, or destruction of county personal property if

33 the property is worthless;

34 (c) Grants of easements on county real property for the installation

35 or maintenance of utilities to county property; and

36 (d) Releases of mineral rights reserved in treasurer's deeds if

37 mineral surveys indicate the absence of minerals with market value in

38 excess of the cost to remove the minerals.

39 (3) The executive may approve the disposition of surplus property in the

40 following circumstances:

41 (a) Sales of county property valued at $25,000 or less;

42 (b) Recycling, disposal, or destruction of county personal property if

43 the property is worthless;

44 (c) Leases of the Snohomish County Airport as provided in SCC

45 2.10.010(14).

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1 (4) The purchasing manager may approve and conduct the disposition of

2 surplus county personal property traded for new equipment as provided in SCC

3 3.04.130(11) after notifying the property officer.

4 (5) The fleet manager may approve and conduct the disposition of surplus

5 property through public sales of county fleet vehicles and equipment valued at

6 $25,000 or less.

7 (6) The disposition approval authority granted to an individual in an

8 executive department by this section includes the authority to execute all

9 documents necessary to effectuate the disposition absent an executive order

10 limiting such authority to another individual. 11

12 Section 17. A new section is added to Chapter 4.46 of the Snohomish County

13 Code to read: 114

15 4.46.211 County property Conduct of Public Sales and Leases. 16

17 (1) Public sales and leases of county property shall be made to the

18 highest responsible bidder at public auction, sealed bid auction, or any other

19 auction method through which the county or contracted auctioneer can receive

20 bids from the general public within advertised terms.

21 (2) In determining the highest responsible bidder for leases, in addition to

22 the amount of rent bid, the county may consider the character, integrity, and

23 reputation of the bidder; compliance by the bidder with the terms of other real

24 property leases; and other relevant information stated within the advertised

25 terms. 26 (3) In the case of tie bids in a sealed bid or similar auction, the County 27 may solicit tie bidders to submit a second bid that is no less than the amount of 28 the tie bid at a time, place and manner determined by the property officer. 29 (4) The county may, if deemed to be in the best interest of the county, 30 reject any and all bids and either withdraw the property from sale or lease, call for 31 new bids, or sell or lease the property under any other authorized method.

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1 assigns agree, as a term of the lease, that all contracts for any work,

2 construction, alteration, repair or improvement((s)) to said leasehold, other than

3 ordinary maintenance, require the contractor or developer to comply with the

4 prevailing wage provisions of RCW 39.12.010 through 39.12.030as if the project

5 were a public work as defined in RCW 39.04.010 except as provided herein.

6 Said lease shall provide by its terms that failure to comply with the provisions of

7 this section shall constitute a default of said lease resulting in its termination

8 unless said default is cured 30 days after notice thereof. Responsibility for

9 ensuring compliance with this section rests entirely with the leaseholder, and in

10 no way with the county. All persons entering into a lease, amendment, or

11 extension of a lease of county-owned real property after May 1, 1993, shall be

12 deemed to have entered into such lease, amendment or extension with

13 knowledge of this section and shall be bound by the terms thereof as a material

14 provision of said lease, except as provided in SCC 4.46,335(2).

15 (2) ((All of the following will)) Unless a project or work is a public work as

16 defined in RCW 39.04.010, the leaseholder shall be exempt from compliance

17 with the prevailing wage provisions of SCC 4.46.335(1) in the following

18 circumstances:

19 (a) Construction/remodeling jobs where the entire project cost is

20 less than $5,000 ((PROVIDED That)), but no project ((sha))may be

21 subdivided or otherwise disaggregated so as to enable ((such)) the project

22 or any part of it to be exempt from compliance with the prevailing wage

23 provisions of SCC 4.46.335(1);

24 (b) Construction/remodeling jobs where the work is entirely

25 performed by the leaseholder or leaseholder's regular on-going full time

26 employees;

27 (c) Janitorial building maintenance contracts (((this exemption shall

28 not-app4y-4o))not associated with construction site clean up work(()));

29 (d) Any construction, reconstruction, maintenance or repair in

30 progress ((a4- the -e*feGtive- date -of-- this -seGtion))on January 1, 1994;

31 (e) ((Any amendment, restatement, sublease, or assignment of any

32 existing lease initiated by the county;

33 f-Any-exis-ting)) The leasehold emanates from a lease of county

34 owned real property executed before January 1, 1994, or from an

35 amendment, restatement, sublease, or assignment of such a lease that is

44 Amended Ordinance No. 93-137 on December 22, 1993, is amended to read: 45

FWAI 01101193 161 Well 1*11 IM 01 IKEOI

1 4.46.360 Real property leases — Application ((to lease Preredures to be C followed by prospective lessees)) p roced u res.

4 All applications to lease county real property shall be submitted to the property 5 management division ((in the manner prescribed by the division)). The county 6 may require that applicants submit a deposit or bid bond, in the form of a 7 cashier's or certified check, ((accompany))with each application or bid. ((4n-Gase

8 the lands applied for are leased to another party, the)) Any deposit or bid bond

9 submitted by an unsuccessful applicant shall be returned to the applicant. If the

10 accepted applicant fails to execute the lease or refuses to comply with the terms

11 of the application, the deposit or bid bond shall be forfeited to the county, and

12 such funds shall be deposited in the current expense fund. 13

14 Section 25. Snohomish County Code Section 4.46.370, last amended by 15 Amended Ordinance No. 11-029 on June 15, 2011, is amended to read: 16

17 &46.370 ((Lease nmyWonsliPpal property leases - Limitations as to term,

18 improvements ((or alternative)) rent., and assignment. 19

I (1) The county may lease county-owned real property for a term ((of years

21 and upon SUGh terms and Genditiens as may be deemed On the best iRterests le7fr

22 the publiG and the 23 exceed 10 years, except follows:

24 (a) When the council determines it to be in the best public interest,

25 the countV may lease real property necessary to the support or expansion

26 of an adjacent facility ((may be lea )) to the lessee ((of the adja

27 faGility, but not to eXGeed 35 years,)) or ((te the)) owner of ((a-R)) the

28 adjacent facility for a term not to exceed 35 years.

IL public

•imp roved .

31 the valu . of the imprevement is er will be at least equal to the value of the

32 propert!'

^ to he leased, and will thereafter be GGunty preperty,)) the county

33 may lease ((suGh)) real property for a term not to exceed 35 years if the

34 value of existing improvements not owned by the county, together with

35 those to be constructed at lessee expense under the terms of the lease,

36 eaual or exceed the value of the real r)ror)ertv and will become couttv

1 ((b-ut)) and shall, before making any improvements or alterations, submit 2 plans and designs ((the-refoc)) to the county for approval to proceed with 3 the construction process. 4 L1Unless otherwise ((stpu4ate4))specifically provided in the lease, 5 all improvements or alterations erected or made on the leased property 6 shall, on expiration or sooner termination of the lease, ((belong-to)) 7 become the property of the county without compensation to lessee(( 8 PROVIDED, HOWEVER, That the)). The county shall ((have))retain the 9 option, ((to be exercised on expiration or sooner termination of the

10 Iease))however, to require the lessee to remove any or all such 11 improvements or alterations. If the lessee fails substantially to make the 12 improvements or alterations required by the lease, the county may 13 terminate the lease ((may be terminated)) and retain all rentals paid ((she-4 14 be$offe4ted)) to the county. 15 ((())ç No lease may be assigned or subleased without approval 16 by the county in writing. 17 18 Section 26. Snohomish County Code Section 4.46.380, last amended by 19 Amended Ordinance No. 93-137 on December 22, 1993, is amended to read: 20 21 4.46.380 Real property leases - Rental readjustment requirement ((—Long)) 22 for leases. 23

ORDINANCE NO. 14-080 RELATING TO PROCEDURES FOR MANAGEMENT AND DISPOSITION OF COUNTY PROPERTY, ETC.

2 30.41 B.020 Exemptions. 3 4 The provisions of this chapter shall not apply to: 5 (1) Cemeteries and other burial plots while used for that purpose; 6 (2) Divisions made by testamentary provisions or the laws of descent; 7 (3) Any division of land regulated by chapter 30.41A SCC; 8 (4) Boundary line adjustments completed pursuant to chapter 30.41 E 9 SCC;

10 (5) Condominiums when prepared and filed in accordance with the 11 Horizontal Property Regimes Act, chapter 64.32 RCW, or the Condominium Act, 12 chapter 64.34 RCW; 13 (6) Assessor's plats, when prepared and filed in accordance with the 14 provisions of RCW 58.18.010 and when the lot size requirements of this code 15 have been met; 16 (7) Division of land into lots, tracts, or parcels each of which is at least 17 one-eighth of a section of land or larger, or 80 acres or larger in size if the land is 18 not capable of subdivisional description; 19 (8) Divisions of land pursuant to the binding site plan provisions of chapter 20 30.41 D SCC; 21 (9) Divisions of land due to condemnation or sale under threat thereof, by 22 an agency or division of government vested with the power of condemnation; 23 (10) Any division where no permanent road may be constructed and 24 where restrictive covenants or lease provisions prohibit construction of buildings 25 of a type that permits human occupancy, overnight camping, or other human 26 habitation; 27 (11) Transfers of land to the county for open space, conservation, or park 28 purposes. Any remaining area must meet the minimum requirements of SCC 29 30.23.230(1). The land remaining must meet the minimum access requirements 30 of SCC 30.24.040 and SCC 30.24.055((-an4)) 31 (12) Sales of tax title property to an adjoining property owner by the 32 county pursuant to ((S C-44.46O5))SCC 4.46.181(13) and RCW 33 36.35.150(3); and 34 (13) A division for the purpose of leasing land for facilities providing 35 personal wireless services while used for that purpose. 36 37 38 Section 31. The following ordinances or parts of ordinances are each repealed: 39 40 (1) Snohomish County Code Section 4.46.120, last amended by Amended 41 Ordinance No. 93-137 on December 22, 1993; 42 (2) Snohomish County Code Section 4.46.140, last amended by Amended 43 Ordinance No. 93-137 on December 22, 1993; 44 (3) Snohomish County Code Section 4.46.150, last amended by Amended 45 Ordinance No. 93-137 on December 22, 1993;

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1 2 PASSED this 24th day of September, 2013. 3 4 SNOHOMISH COUNTY COUNCIL 5 Snohomish County, Washington 6 7 /s/ Dave Somers 8 Chairperson 9

10 ATTEST: 11 12 /s/ Randy Reed 13 Asst. Clerk of the Council 14 15 (X) APPROVED 16 17

( ) EMERGENCY

18 19

( ) VETOED

20 21 DATE: September 30, 2014 22 23 /s/ John Lovick 24 County Executive 25 26 ATTEST: 27 28 /s/ LaTanja Outlaw 29 30 31 Approved as to form only: 32 33 s/ Steve Biadek 34 Deputy Prosecuting Attorney