Click here to skip to main content.
scenic picture from Washington state
MRSC PUBLICATIONS › NEWS › Municipal Research News - December 1995
 

Note: Some of the information on this archival Web page may no longer be current.

Municipal Research News

Resources for Washington's Cities and Towns
December 1995

Articles

So You're the New Councilmember!

Congratulations! It was quite an election battle. You scored a good number of votes in the primary, but not quite enough to avoid a runoff election. And your opponent at runoff time was a real tiger. But now the dust has settled, and you've received your certificate of election. Soon you'll be sworn in and you'll be ready to get down to work. You have some clear ideas of things you want to accomplish for your city, and things you want to see change at city hall.

The paragraph above is just one of many possible scenarios. Perhaps it applies to you. Maybe you're the new mayor. Maybe you're already the incumbent, you didn't have any real opposition, and you were confirmed by the voters in the primary. Maybe nobody ran against you. Maybe you have been on the council and have just been elected to replace the mayor who chose not to run again. Or maybe. . . pick your own scenario. In any case, the election is now over and - you're it! Welcome aboard!

A city or town is a very complex organism. As governmental entities go, it's at the lower end of the food chain financially, while also being the one closest to the people. There are many things for you to be concerned about, to learn about, and to be able to inform your constituents about. Following are some random comments on a few of these things.

That Mayor! Like it or not, you're going to have to get along with her or him. If you don't, and you display your feelings in public, especially at council meetings, those meetings are going to run very late. And do you really want your council meetings to become known as the Tuesday night fights? Whom would that really serve? That doesn't mean that you and the mayor should always agree. Even agreeing to disagree in a polite or sensitive manner is possible if you both work at it. And chances are if you do, the public will respect both of you for it. The mayor has one clear role. In all cases, it is to chair the council meetings. Depending on the organization and classification of your city, it may also be to serve as the ceremonial "chief of state"; or in mayor-council cities and towns it's to be the chief administrative officer. You need to become knowledgeable about the role of the mayor in your organization. That understanding will help both of you.

Those other Councilmembers! You may like most of them. Or maybe you don't. That is not the issue. The issue is_you have one vote, and each of them has a vote. You'll have to learn about consensus building. They won't always all agree with you. Your job will be to educate and convince them. And you'll have to do that with the citizens, too.

The Clerk-Treasurer. If yours is a small city or town, this is an especially important person. Often, after the mayor, the clerk-treasurer must operate as the central authority for the municipality. Many of them are very capable and experienced people. She or he can be a great help to you if you will rely on them for information and advice.

The City or Town Attorney. You need one, and you need to rely on her or him. The statutesgranting authority to cities and towns in Washington are extensive and explicit. The actions you take as a councilmember must comply with those statutes. Like it or not, cities and towns in Washington derive their power from the state. And you don't have a totally blank slate. There are federal and state mandates that apply to you. In some cases, those mandates have been imposed without thought about how you will finance them. That becomes your responsibility. Your city attorney can be a major help in leading you through that potential minefield. They'll also help keep you out of jail if you listen to them.

Taxes. You want them to be lower. Don't we all? However, chances are you'll have to get to know a lot about how they work in your city or town before you can just lower them. Taxes are just one source of revenue you'll have to rely upon to have well-rounded operations and meet citizen needs and desires. In fact, you'll need to know about all the revenue sources available to your city or town. You'll learn that you need to look at the big picture of all sources of funds and all services before doing a lot of adjusting. Sometimes what might look like a small "tweak" in a limited area can have impacts on other parts of your operation. And neither you nor the citizens will like the result. You need to be a real student of taxes and all other financial matters.

Police. You're still mad at that cop who gave your teenager a ticket a block from your house last year. You'd like to see that she or he gets fired. But wait! If your city or town has three or more officers, including the chief, you will be operating under a civil service system. The police have civil service rights. You can't just fire one of them. You have to have a substantiated reason. And you're not the "appointing authority," which means you don't control hiring and firing of them. Either the mayor or the city manager does. And perhaps your teenager really was speeding, or did go through that stop intersection without even slowing down. Be cautious. Police officers sometimes have a very tough job. It would behoove you to get to know more about it. They're always glad to help you learn about it. And you'll know much more about your city or town if you take time to learn.

Sewer and sewage treatment. Flush! What happens? Did you ever think about that? If your city or town controls the treatment facility, are you meeting the discharge requirements? Are you polluting something that you shouldn't be? Is the plant in deplorable condition? Are your operators able to meet their certification requirements according to their respective function? Is city hall getting complaints about odors? You should probably ask for a tour of the treatment plant if your city or town has one. Is the operation run as a proprietary function? Are the rates based on a cost of service model? Is the system being subsidized by the general fund? Why? Are there lots of septic tanks that are beginning to pollute the water supply? Again, it's a whole field with which to become familiar.

Ethics! Yes! And they're required by law in all cities and towns in Washington. Hopefully your city or town attorney or perhaps another of your city officials will talk with you about the subject. It's covered in Chapter 42.23 RCW. The title of that chapter is, "Code of Ethics for Municipal Officers - Contract Interests." You need to get familiar with it. If you get involved in one of the orientation sessions mentioned below, you should hear something about it.

Orientation. As a new (or old) councilmember or mayor, you will have the opportunity to go to one or more sessions designed to orient and train you for your new role. It's not a session designed to brainwash you with the way it's "always been done," or with the "good old boy" (or girl) network. It should help you to hit the ground running. It will be an opportunity for you to meet others from other cities and towns who are in the same boat as you. You'll also get to meet experienced councilmembers. If possible, you should attend one of these sessions. You'll find it very helpful. It's likely that the staff of the city you're about to serve will give you a tour of facilities and help familiarize you with how things have been done in the past. That doesn't mean that the staff is unwilling to listen to your ideas. It will be good to learn as much as you can so you have a background that will enable you at least to talk the same language. And knowing names and faces of those who work for the city or town certainly is helpful.

Resources. Two major ones outside your own city hall are available to you. They are the Association of Washington Cities (AWC) and Municipal Research & Services Center of Washington (MRSC). AWC, in Olympia, is the lobbying and coordinating organization serving Washington cities. It holds many meetings of city officials at various places around the state each year. AWC keeps your city or town posted on what's happening for you and to you based on what's going on in the legislature and in some of the state's departments. Nearly every city in Washington is a member and pays dues for that membership. AWC's phone number is (360) 753-4137. MRSC, in Seattle, has a large specialized library of municipal materials and nine consultants and other staff to serve you. They will "talk through" a question with you, or research your question and, in many cases, send you sample materials. MRSC services are delivered primarily by phone, FAX, E-mail, UPS, or mail. In essence your city or town has already paid for this service. You may also post questions to MRSC staff, as well as receive valuable city information via MRSC Online, MRSC's Bulletin Board Service. For information on how to access MRSC Online, contact the receptionist at Municipal Research. MRSC can be reached at (206) 625-1300 in the Seattle area, or at 1 (800) 933-MRSC or 1 (800) 933-6772.

Then there are other pointed subjects that come readily to mind, such as:

  • Fire
  • Referendum 48 or Initiative 164
  • Animal Control
  • Streets
  • The City Manager
  • Intergovernmental relations
  • Water
  • The City Administrator
  • Adult entertainment
  • Appearance of fairness
  • Planning and land use
  • Parks and recreation

And there are lots more.

Now it's time to go to it. Hopefully, you won't regret that you ran for the council seat you're about to assume. And hopefully, you'll like doing your bit for the city or town where you live. Just remember. You don't have to become an expert in everything instantly. You owe it to yourself tobecome educated. And you owe it to the people who elected you to be able to teach them that being a councilmember isn't always easy, and that many issues are complex. You need the necessary background information to make knowledgeable and wise decisions.

Enjoy!!!

Ron Bartels, Public Policy Consultant

Leadership Credibility

Whether you are a newly-elected official or a seasoned veteran, you face a continued challenge to earn and keep the trust and confidence of your constituents. We live in a time of troubled institutions. Citizen trust in public, corporate, educational, religious, and charitable institutions is very low. Cynicism is rampant. People have very high expectations of their leaders whether they are elected mayors and council-members, or appointed managers or administrators. Constituents and customers are more demanding and harder to please than ever before.

What do your constituents and customers expect of you? The research on leadership consistently shows that people want leaders who are honest, forward looking, inspiring and competent. That is a very tall order. Nevertheless, if government institutions are to regain their lost credibility and trust, this challenge becomes a priority for everyone who is in or aspires to a position of civic leadership.

Honesty is most often selected as the characteristic sought in leaders by their constituents. Many analysts believe that a concern with ethics will reach a fever pitch over the next few years. In the Northwest we are fortunately blessed with clean and honest government. However, do pay attention to public disclosure, conflict of interest, and appearance of fairness requirements. MRSC has several publications that can guide you through these sometimes murky waters. Please call us if you are unclear about the law and its requirements.

Constituents want their leaders to have a strong vision for the future. Simply put, constituents will not follow leaders who do not know where they are going. If you have made a commitment to public service, you probably have a strong understanding of your values. It is important to affirm, share and communicate these values. It is also important to set goals, establish priorities, and define actions that lead to the fulfillment of vision. MRSC can provide you with samples of "vision statements" prepared by Washington cities and towns.

We expect our leaders to be inspiring. It is not enough to have dreams of the future. Visions need to be expressed in ways that are energizing, motivating and hopeful. Action must be consistent with words.

Finally, constituents admire leaders who are competent. The proof is in the delivery. Citizens expect service delivery to be competent, effective and efficient. Hire the most capable people. Develop capacity in staff to perform with excellence. Seek and provide ample training and educationalopportunities. The Association of Washington Cities (AWC) provides excellent conferences and workshops in areas of importance to city officials and staff. Plan to attend as many as possible.

Rich Yukubousky, Executive Director

Note: For a thorough review of leadership credibility see Credibility: How Leaders Gain and Lose it, Why People Demand It, 1993, and The Leadership Challenge: How to Keep Getting Extraordinary Things Done in Organizations, 1995, both written by James M. Kouzes and Barry Z. Posner, Jossey-Bass Publishers and available from the MRSC library. In addition, see the list of resource material on leadership, also available from the MRSC library.

Parking Ticket Files Updated Via the Internet

The city of Longview has successfully transferred parking ticket update files to the Department of Licensing (DOL) server via the Internet. Longview has its own account on DOL's server and so can transmit the city's parking ticket files as often as needed. As of November 6, Longview is transmitting their files daily via the Internet to DOL. The city is hopeful that parking tickets will be posted and cleared in a more timely manner and thus will reduce the number of upset customers because of uncleared tickets. Longview has discovered that this process is cheaper and faster than transmitting the information via tape. For more information, contact Brenda Cooper, city of Longview, BJCooper@aol.com, or (360) 577-3310.

Ask MRSC

Admissions Tax - May cities levy an admission's tax on bowling alley equipment fees and lane charges?

Probably not. In Ski Acres v. Kittitas County, 118 Wn. 2d 852 (1992), the Washington Supreme Court held that an admission tax could not be levied on lift tickets because Ski Acres does not charge an admission fee for entry onto its land. By analogy, an admission tax probably cannot be levied on bowling alley equipment rental fees and lane charges because bowling alleys do not charge a fee to enter.

Adverse Possession - If a city resident's manufactured home has been encroaching upon a recorded city easement for more than ten years, has that person established a right to keep the manufactured home in that location?

No. The doctrine of adverse possession applies in disputes between private parties, but the doctrinecannot be applied against the city or the state.

Animal Control - Have any cities adopted ordinances prohibiting Rottweilers?

We are not aware of any Washington cities that have prohibited Rottweiler dogs and it is not clear whether reasonable grounds exist to distinguish between Rottweilers and other dogs. A city would have to show that Rottweilers have unique traits and characteristics that pose a greater threat of serious injury or death to humans than other dogs. However, any dog that can be classified as either a "potentially dangerous dog" or "dangerous dog" based on past vicious behavior may be subject to the controls authorized under the state law. When adopting ordinances based upon the provisions contained in Ch. 16.08 RCW, some cities have modified the definition of "potentially dangerous dog" or "dangerous dog" to include a specific reference to the "pit bull terrier" breed. As a result, in these cities restrictions which apply to either "potentially dangerous dogs" or "dangerous dogs" apply automatically to pit bull terriers. Note that the city of Yakima's ordinance banning pit bull terriers was challenged and upheld in American Dog Owners v. Yakima, 113 Wn.2d 213 (1989).

Animal Control - May a town adopt an ordinance prohibiting animals from riding unsecured in the back of a vehicle (pickup)?

It appears that such a regulation would be permissible. See RCW 35.27.370 (7), (14) and (16), and also RCW 16.52.080.

Economic Development Council Dues - Can a city pay dues to an Economic development council based on number of employees?

Probably not. In an article in Legal Notes in 1984, representatives from the State Auditor's Office and the Attorney General's Office stated that only a "modest membership fee" was permitted. Payments based on the number of employees would result in the city paying dues that would be equal to those of a private corporation with the same number of employees. For most cities, this would not be a modest fee. To pay these dues would be an unconstitutional gift of public funds.

Impact Fees - May a city reduce impact fees below the amount needed to cover projected transportation system needs for new development?

Yes. First of all, a city may not require new development to pay for correction of existing deficiencies. A city may only charge new development for the portion of facilities that are needed as a result of new development.

A city is not required to impose impact fees and the council may choose to set impact fees below the level necessary to fully cover transportation system improvements for new development. A city maywant to do so because of affordable housing concerns or a variety of other public purposes. A city must still show what other source of public funds will be used to cover the gap between the amount funded by impact fees and the total amount needed.

A city may not, in fact, finance these public facilities solely with impact fees. RCW 82.02.050(a)(2) states that ". . . the financing for system improvements to serve new development must provide for a balance between impact fees and other sources and cannot rely solely on impact fees."

If a city wishes to reduce projected costs of facilities to serve new development (making it easier to reduce impact fees) the city may want to rEconsider plan assumptions and level of service standards. If projected costs are based on "Cadillac" level standards, lower standards may be an acceptable tradeoff for lower costs.

Overtime Pay - If a person is employed at two different jobs for a city and the combined hours for both jobs exceed 40 hours, must the city pay overtime?

Yes. An employee is entitled to overtime if he or she works more than 40 hours a week, even when the total number of hours results from working two different city jobs. Overtime is calculated by determining the weighted average of the different pay rates. For example, overtime for a person working 30 hours at $10/hour and 20 hours at $12/hour is calculated as follows: (30 x $10) + (20 x $12) = $540, divided by 50 hours = $10.80 per hour of overtime. Alternatively, the employee and the city may agree that overtime pay will be based on the wage for the job that results in the overtime hours.

Public Meetings - Must the public be allowed to attend the annual council retreat?

Yes, a retreat is a council meeting which must be open to the public. Regardless of whether a meeting of the city council is called a council retreat, a council workshop, or a council study session, the Open Public Meetings Act requires that the public be allowed to attend. This does not mean that citizens must be given an opportunity to make comments or discuss issues at the retreat, but they must be allowed to attend. Even if held outside the city limits, a retreat is still an open meeting and the public must be allowed to attend. Of course, the statutory provisions governing executive sessions also apply and so the council may convene in executive session for a portion of the meeting if the subject is a proper one for an executive session.

Public Meetings - May a mayor prohibit a member of the public from videotaping or tape recording a city council meeting?

No, unless the process of videotaping or tape recording becomes disruptive.

Referendum - Which types of cities have referendum authority?

Initiative and/or referendum authority in Washington is not automatic, but must be granted by the legislature. All of the first class cities in Washington have initiative and/or referendum authority included in their charters. Code cities only have such authority if they have taken the prescribed action to adopt the powers of initiative and/or referendum. SEcond class cities and towns explicitly do not have such authority.

Retainage Fees - Must a city or town use retainage on a storage building at their sewer plant?

Yes. RCW 60.28.010 provides that on contracts for public works, the public body (of a city or town) ". . . shall provide, and there shall be reserved by the public body from the moneys earned by the contractor on estimates during the progress of the improvement or work, a sum not to exceed 5 percent . . . "

Tax Deductible Donations - Are private donations to the city's DARE program tax deductible?

Yes. Any contribution to a city program such as DARE is tax deductible for federal income tax purposes. Internal Revenue Service Publication 526, relating to charitable contributions, states that:

You may deduct a contribution you made to, or for the use of, the following qualified organizations: a state, a U.S. possession, a political subdivision of a state or possession, the United States, or the District of Columbia, if the contribution is made for public purposes only.

See section 170(c) of the Internal Revenue Code. A city, of course, is a political subdivision of a state, consequently under the above language, any contribution to a city should be tax deductible.

Utility Bill Collection - May a city continue to seek collection of overdue utility bills or other overdue fees from a city resident or city business after receiving legal notice that the person or company has filed for bankruptcy?

No. After a city receives formal notice of bankruptcy filing, further collection efforts are prohibited. There are certain actions which the city can take, however, such as requiring a deposit for further utility service. If you are not familiar with the legal restrictions, discuss this issue with your city attorney.

Utility Charges - Upon initial hookup, may a city charge the same water connection fee for each dwelling unit,whether it is a house, apartment or condominium?

Yes. Although some cities have lower rates for multifamily buildings, they are not required under state law. RCW 35.92.025 merely provides that the connection charges set by the city be "equitable."

Utility Deposit Interest - Do cities have to pay interest on utility deposits?

No. The BARS Manual, Vol. I or II, Part III, Ch. 6, p.11, states that interest on utility deposits should be deposited in the general fund. The Auditor's Office also suggests that when a city takes a utility deposit, the receipt provided should state that the city's only obligation to the utility customer is to return the deposit. Such a statement may prevent misunderstandings and save the clerk time in the future.

Water Utility Shutoff - If a city has sent out a notice regarding termination of water service due to an unpaid water bill, can the city still shut off the water if the customer offers to make a partial payment?

Water service can be shut off until the bill is paid in full. RCW 35.21.300 authorizes water service termination until "the delinquent and unpaid charges are paid." However, if more than four months of charges are delinquent, and a "partial payment" covers the unpaid charges for the last four months of water service, then service must be restored upon receipt of this payment. Note, however, that a city cannot refuse to provide water service to new tenants who are not responsible for delinquent, unpaid charges. (See the article in this newsletter about a recent court ruling which limits a city's collection policies for unpaid water service.)

Public Disclosure of Geographical Information System (GIS) Data

What Is GIS?

GIS is computer technology that generates maps and reports about geographically related items such as street and lot lines, addresses, utility lines, manhole covers, zoning designations, etc. Once automated, specific geographic points and other information can be displayed and manipulated. GIS enables cities to improve planning and decision-making by providing a systematic approach to collecting and managing location information. Due to the high cost of developing GIS, only the larger cities have developed such systems.

Why Is There a Controversy Regarding Public Disclosure of GIS Data?

Because of its potential monetary value to private individuals and companies, cities would like to be able to charge for providing GIS data. The city of Bellevue estimates that its costs for their GIS,largely staff time, exceeds seven million dollars. Cities would like to recoup at least part of the large public cost it takes to set up and maintain such a system.

What Is the Applicable Law Regarding Disclosure of GIS Data?

No statute specifically exempts GIS data from disclosure. Some cities feel that provisions in RCW 42.17.310 (trade secret and "valuable formulae") should be interpreted broadly enough to exempt GIS data from disclosure. Thus far no Washington appellate court has ruled on this issue. However, in September a superior court judge in King County ruled against the city of Bellevue, requiring Bellevue to disclose not only the city's GIS data, but also the software that enables a user to use the data effectively. Although there is no binding case law on this issue, cities should carefully evaluate their response to public disclosure requests for GIS data. If the city loses a public disclosure suit in superior court, RCW 42.17.340 provides for penalties and payment of attorney fees.

Legislative Intervention

There have been attempts to get specific legislation passed which would clarify whether GIS data must be disclosed, and whether cities can market the information. No legislation has yet been enacted on this issue.

MRSC Online News

We hope that all of you Windows users have had an opportunity to see the Windows interface to MRSC Online. If not, please call the MRSC receptionist for a copy of the Windows communications program. By now, all current subscribers should have received an invoice for 1996. Due to our changing the subscription year from July - June to January - December, you were invoiced twice in 1995. You will not receive another invoice until late in 1996.

What’s new on MRSC Online? AWC has provided the salary survey in spreadsheet format for each position title. In anticipation of the vote on Referendum 48, we posted several studies, presentations, and ordinances related to Initiative 164 and the referendum. The day after the supreme court’s November 2 ruling on street utilities, we posted the full text of the decision. As the legislative session begins, remember that AWC will be uploading the legislative bulletin on Friday afternoons for you to download.

MRSC Online has been available for more than two years, and we are now ready to initiate the sEcond phase of the system. In the near future, we will be forming a committee of city officials to help us focus our energies. Please contact Fred Ward if you are interested in participating on this committee. Possibilities for enhancements include Internet access, an expanded “Ask MRSC,” and packets of information for downloading on topics of interest. These packets could include ordinances, court decisions and articles.

As previously noted, some of the content of MRSC Online is now available via the World Wide Web(WWW). If you have Internet access, the address of the MRSC “home page” is http://www.pan.ci.seattle.wa.us/cities/mrcs/mrsc.htm. We have recently added links from our home page to those that we think would also be of interest to you. For example, from the MRSC page you can access the RCW, and Berkeley’s planning site which not only contains information of interest to planners, but also access to planning journals, and links to still other sites. Shortly, we will add file libraries that can be accessed from our home page so that you can download MRSC documents directly from the Internet.

Fred Ward, Information Systems Specialist

Promote Your City on the Internet

Several cities have begun posting information on the Internet's World Wide Web (WWW) using "home pages." A home page consists of a menu of information, and can include graphics such as maps. Most of those cities who have posted home pages thus far have done so by availing themselves of the City of Seattle's generous offer to use their Web server. Yakima County has recently also installed a Web server, and has offered to post home pages for any city in eastern Washington.

Typically, a city's home page includes information about the functions of the city including recreational activities, and descriptions of the elected officials and of the various departments. Cities also use the Web to promote their city for purposes of tourism and Economic development. A basic page can be simple to develop, although time must be put into keeping the information up-to-date. If you would like to pursue developing a home page, call Fred Ward, MRSC Information Systems Specialist, for more information.

If you already have access to the Internet, you can check out the City of Seattle's Web page (PAN) at http://www.pan.ci.seattle.wa.us. Select the government section to see the pages of other cities and counties. You can also access Yakima County's page via PAN, or you can access it directly at http://www.pan.co.yakima.wa.us

High-Speed Internet Access

As you may know, the school districts of Washington are currently working together to establish high-speed links to the Internet. Cities may also benefit from forming a consortium to negotiate better rates for Internet access. Since the technology is rapidly changing, the approach cities’ take may differ from that of the school districts. If you are interested in this type of cooperative approach, please contact Fred Ward at MRSC.

New Court Ruling Limits Water-bill Collection Policies

A city is authorized by RCW 35.21.290-.300 to shut off water service to a property until delinquentcharges have been paid. This statutory authority has recently been modified by O'Neal v. Seattle. In a September 1995 ruling, the Ninth Circuit Court of Appeals decided that a city must providewater service to new tenants of rental property and cannot hold them responsible for the water servicedebts of a former tenant. O'Neal v. Seattle, No. 94-35984, 9th Cir., (9/25/95). Instead, the city should pursue payment from the prior tenant and the landlord.

What does this mean for Washington cities?

  • The ruling only applies to tenant-occupied dwellings, not owner-occupied.

  • A city can still shut off water for nonpayment of bill. (RCW 35.21.290.)

  • A city can still only collect for four months of past-due charges.

  • A city cannot refuse to provide water service to new tenants. In other words, if an owner or former tenant does not pay their water bill, the city has the statutory right to shut off the service, but if a new tenant moves in, the city must provide water service to the new tenant.

  • A city can still collect the money owed them by using any legal means available for the collection of a debt. This includes the use of a collection agency, small claims court, and the use of superior court if the amount is large enough.

Hotel/Motel Tax Use

A recent opinion from the Office of the Attorney General helps to provide guidance concerning the way in which cities may use hotel/motel tax funds. One allowable use of such funds has always been to pay for "advertising, publicizing, or otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion." See RCW 67.28.210.

This Attorney General's Opinion, AGO 1995 No. 10, provides an analysis of the term "tourist expansion" in the statute. The conclusion is that the term does not authorize the use of hotel/motel tax funds to pay for any and all activities that encourage growth in tourism. This phrase merely authorizes the use of hotel/motel tax revenues to disseminate information designed to attract visitorsand encourage growth in tourism. This conclusion is consistent with previous advice given by MRSC staff concerning the use of these funds and so does not represent a change in that regard.

The AGO also briefly reviews allowable uses of hotel/motel tax funds to support community festivals in view of the language added in 1995 to RCW 67.28.210 on this subject. For more information or a copy of this AGO, contact one of the legal consultants at MRSC.

State Supreme Court Decision on Validity of Street Utility Charge

On November 2, the state supreme court issued its decision in Covell v. Seattle, invalidating Seattle's residential street utility charge enacted under the authority of RCW 82.80.050. The court determined that the residential street utility charge was really a property tax, and, as such, violates the state constitutional uniformity requirement for property taxes. As a result of its holding, the court required that Seattle refund all the residential charges it has collected under its street utility ordinance. The court did not address the validity of the street utility charge on businesses within the city.

If your city or town has a street utility ordinance enacted under chapter 82.80 RCW, MRSC legal staff recommends that your city or town's legal counsel be consulted concerning this case, if that has not already been done.

Resource Sharing - Information Partnership Program

The Information Partnership request letter was mailed in October to fifty-two cities and towns asking for documents in several categories. Outlined below is the most recent crop of documents harvested by this IP request. If any of the items are of interest, call the MRSC Library and in most cases a free copy will be immediately mailed or faxed to you; however, some of the larger publications may be only available on loan.

Economic Development

Overall Economic Development Plan for Skagit County: Final Draft [118 p.]
Prepared for Skagit Council of Governments to meet requirement of the U.S. Department of Commerce Economic Development Administration and to serve as an element of the county's comprehensive plan. E.D. Hovee & Company.

Anacortes, 7/95, ED 4.4000 S52 O85 1994 (Loan only)

Industrial Development Information Handbook for Light Industrial/Country Tech Cascade Business Park, 1995 [1 v., various pagings].
Compilation of key documents produced by consultants and the city with pertinent ordinances and municipal codes.

Camas, 1995, ED 5.3300 C3 I55 1995 (Loan only)

1995 Work Program: Clallam County Economic Development Council [3 p.].
Lists mission statement, program, business assistance, retention, recruitment, infrastructure development, organizational development, and other Economic development services.

Clallam County, 7/14/95, ED 2.2000

Mission Statement for the Deer Park Economic Development Commission (DPEDC)[5 p.].
Includes a sample letter to out-of-area businesses and an outline by Rieger & Associates on "what works" for funding an Economic development campaign.

Deer Park, 9/12/95, ED 2.3000

Supplemental Architectural Theme Requirements [Ordinance No. 992] [13 p. + appendix 15 p.].
Sets standards for "old world Bavarian architecture" for the design review board. Appendix includes photographs of typical styles and drawings of acceptable and unacceptable styles and variations of Bavarian-Alpine designs.

Leavenworth, 9/12/95, PL 10.4000 L4 S85 1995 (Loan only)

Economic Development Action Plan: Final Draft [21 p.].
Prepared by the Town of Winthrop Economic Development Action Team and assisted by Highlands Associates, Circuit Rider Planners.

Winthrop, 8/31/94, ED 4.4000

Clallam County Economic Development Council 1994 Annual Report [12 p.].
Describes the thriving business assistance programs and the organization's goals for 1994-95.
Clallam County, 1/12/95, EN 2.2000

Banking Services & Other Financial Topics

Agreement for Financial Advisory Services [2 p.].
Agreement with Yeasting & Hughes Associates, Municipal Advisors, and the city, on advisory services for $1,350,000 General Obligation bonds; dated 09/13/88; signed by Mayor 11/14/88.
Camas, 11/14/88, F 7.1200

Ordinance No. 119 (Use of Payroll Processing Company) [2 p.].
Authorizes Finance Director to contract with payroll processing company and provides procedures for presentation and signing of warrants, checks, and payroll transfers.
Des Moines, 3/23/95, F 2.2300

Proposal for Basic Banking Services [21, 1, 1, 3 p.].
Key Bank of Washington proposal for basic services in response to the city's RFP.
Des Moines, 2/17/95, F 2.3000

Proposal for Optional Banking Services [1, 7, 2 p.].
Key Bank of Washington proposal for optional services in accordance with the city's RFP.
Des Moines, 2/17/95, F 2.3000

Request for Proposal: Banking Services Contract [20 p.].
Describes conditions, procedural instructions, selection process, terms, operating system, required services, compensation, optional services, and other data and form letters to be submitted.
Des Moines, 1/19/95, F 2.3000

Gambling Tax Return [1 p., form].
The result of a project "to develop a cleaner, simpler and more user friendly form for reporting localgambling revenues and computing taxes due." Includes tax return and filing instructions in a 3-copy carbonless form.
Milton, 10/91, F 5.1520

Orientation of New Councilmembers

Welcome to the City Council for the City of Deer Park [2 p.].
Introductory and welcome letter; part of the packet of material given to new councilmembers.
Deer Park, G 6.5000

Des Moines City Council Rules of Procedure [26 p.].
Updated version of rules for council meetings, duties and privileges of members, and council procedures.
Des Moines, 6/95, G 4.2100

Resolution No. 9-1992 (City Council Rules) [3 p.].
Establishes policy, procedures and rules of conduct for the city council and its meetings.
Leavenworth, 5/12/92, G 4.2000

Public Library District Annexation & Other Elections

Annexation of the City of Des Moines to the King County Rural Library District [3 p.].
Describes background, cost, facilities and services, timing of election, process, and "considerations" for the city, library district, and residents. Outlines "what happens after annexation passes?" and lists other cities that have annexed to the library district.
Des Moines, 7/1/93, G 3.1431

Des Moines Library Vote on April 5, 1994 [2 p., trifold].
Brochure prepared by King County Library System outlining services and costs of annexation to the King County Rural Library District.
Des Moines, 1994, G 3.1431

Ordinance No. 1074 (Library District Annexation) [2 p.].
Declares intent to join and be annexed to the King County Rural Library District and requests concurrence of the district board of trustees and requests the county council to call an election.
Des Moines, 1/6/94, G 3.1431

Ordinance No. 2830 (General Obligation Bonds Special Election - Library Construction) [9 p.].
Provides for a special election for two propositions to authorize issuance of G.O. bonds to be used for construction of a new library facility and renovation of the former library for other city purposes.
Port Angeles, 8/3/94, F 7.5700

Public Library Contracts/Intergovernmental Agreements

Agreement between Fort Vancouver Regional Library and Camas Public Library [29 p.].
Automated library systems and services agreement with FVRL that establishes definitions, condition, terms, usage and payment formulas based on title count, circulation and number of terminals. Signed 09/10/91; revised by letters dated 5/31/94, 6/22/94, and 7/6/94.
Camas, 7/6/94, LIB 5.1000

Interlocal Cooperation Agreement between the Spokane County Library District and the City of Deer Park, Washington [5 p.].
Pending agreement on construction of new library facilities with conditions, responsibilities, contract fee, insurance provisions; to be signed by the two parties provided the qualified electors of the district approve and ratify the proposition to issue bond and levy an excess tax.
Deer Park, 1995, LIB 5.1000

Building Use and Maintenance Agreement [Library] [5 p.].
Agreements between North Central Regional Library District and various cities; sets a formula to pay a portion of maintenance and repair costs, based on square footage; recognizes nonresident use of the library.
East Wenatchee, Leavenworth, Omak, Winthrop, LIB 5.1000

Interlocal Governmental Agreement for Joint Development of Library Facilities [7 p.].
An agreement between the city and the North Olympic Library Systems as relates to financing, design, construction, ownership, maintenance, and operation of a new library facility in Port Angeles.
Port Angeles, 8/2/94, LIB 3.1000

Lease (Library - Real Property) [5 p.].
The city and the Clallam County Rural Library District, commonly known as the North Olympic Library System, lease to each other real property including the library building from 1982 to 2002 under certain terms and conditions.
Port Angeles, 6/20/84, LIB 5.1000

Agreement Regarding Library Services [4 p.].
Terms of an agreement between Shelton and the Board of Trustees of the Timberland Regional Library District of Grays Harbor, Lewis, Mason, Pacific, and Thurston Counties on scope, payment, facilities, capital improvements and special conditions for library services.
Shelton, 12/23/88, LIB 5.1000

Lease Agreement (Branch Library Facility) [6 p.].
A two-year lease between the city and The Little Star School, a nonprofit corporation, to lease 1,301 feet to be used as a branch library.
Winthrop, 2/15/95, LIB 5.1000

Neighborhood Programs

Camas Neighborhoods Spring Clean Up [card, 3"x5"].
Coupon for "one free disposal" of two cubic yards of yard debris; lists additional information and amap of the drop-off site.
Camas, 5/95, PR 7.2000

Discover Shelton's Buried Treasure! The Creeks of Downtown Shelton [2 p., trifold].
Published for Archaeology Week, October 1-7, 1995, the brochure gives the history of the creeks and a map of surface and sub-surface streams and flood control diversion pipes.
Shelton, 9/95, PR 7.3500, PR 7.2700

Block Watch [1 p.].
Describes program and how to start a neighborhood block watch.
Des Moines, PS 7.1000

What is "Suspicious"? [2 p., folded].
Brochure for the city's block watch program.
Des Moines, PS 7.1000

Why Block Watch? [2 p., trifold].
Community policing brochure outlining the benefits of block watch.
Shelton, PS 7.1000q

Paul J. Steere, Coordinator, Information Partnership Program

New Ordinances

All cities and towns are directed to send a copy of their ordinances to Municipal Research for inclusion in MRSC's ordinance pool. This is a selection of the ordinances received in the last three months. Ordinances are listed in a monthly ordinance list posted on MRSC's bulletin board, MRSC Online. The list of ordinances is cumulated in a database of Ordinance Summaries which is also on the BBS. As municipalities send copies of ordinances in electronic form, either by disk or by uploading to the BBS, they will be linked to the ordinance database so they may be searched, viewed, and downloaded by the user. If you would like copies of the items listed below please contact Julie at the MRSC library.

Arts Collection Management - establishes public art policies: Walla Walla Ordinance No. 95-18. Passed 6-95. (PL 10.1100)

Arts Commission - includes establishment; committee responsibilities; by-laws: Elma Ordinance No. 941. Passed 5-95. (PL 2.5000)

Construction - includes grading and land clearing; vegetation clearing management; erosion control: Vancouver Ordinance No. M-3191 and No. M-3196. Passed 6-95 and 7-95. (C 7.0000)

Construction - grading regulations: Bellingham Ordinance No. 10677. Passed 10-95. (C 7.0000)

Finance - Credit Cards - provides guidelines for issuance, use, and control: Bellevue Ordinance No. 4780. Passed 7-95. (F 1.1150)

Finance - Credit Cards - provides guidelines for use: Cheney Ordinance No. Q-64. Passed 8-95. (F 1.1150)

Finance - Accounts Receivable - credit application and credit checks: Port Angeles Ordinance No. 2893. Passed 10-95. (F 2.1000)

Health and Safety - Tattooing - prohibits tattooing of human body unless done by or under the direction of a physician or osteopath: Oak Harbor Ordinance No. 1009. Passed 8-95. (LR 87.0000)

Personnel - Job Sharing: Mill Creek Resolution No. 95-206. Passed 10-95. (PE 6.1000)

Planning - Design Review Board - Bavarian Design - creates 5-member design review board; establishes powers and duties; addresses design review board review and appeal procedures: Leavenworth Ordinance No. 983. Passed 5-95. (PL 2.6000)

Planning - Impact Fees - for roads; parks and open space; school facilities: Vancouver Ordinance No. M-3201. Passed 8-95. (PL 2.1420)

Planning - Impact Fees - for traffic improvements (RCW 82.02): Chehalis Ordinance No. 579-B. Passed 8-95. (T 4.0000)

Police - Community Police Advisory Board - established: Ocean Shores Ordinance No. 584. Passed 8-95. (PS 6.1500)

Public Property - City Hall/Library Building and Grounds - relates to firearms, size of vehicles allowed on grounds, parking, and animals in city hall/library complex building and grounds: Leavenworth Ordinance No. 976. Passed 1-95. (PP 3.7000)

Streets - Right-of-way Use Regulations: Chehalis Ordinance No. 574-B. Passed 8-95. (S 5.0000)

Zoning - Home Occupations - prohibits vehicle and equipment repair and maintenance, and for hire services: Redmond Ordinance No. 1850. Passed 8-95. (PL 8.3153)

New Acquisitions

At Road's End: Transportation and Land Use Choices for Communities, by Daniel Carlson with Lisa Wormser and Cy Uhlborg, Washington, D.C., Island Press, 1995; xiv, 168 p., ill. ( PL 5.2500 A855 1995).

Business Retention Initiatives in Local Government, by Evelina R. Moulder and Gwen Hall, Washington, D.C., ICMA, 1995, 52 p., ill., ( ED 5.3000 B855 1995).

Creating Transit Supportive Regulations: A Compendium of Codes, Standards & Guidelines, compiled by Municipal Research & Services Center of Washington for King County Department of Metropolitan Services & WSDOT Office of Urban Mobility, Seattle King County Department of Metropolitan Services, 1995, 102 p. + appendices, ill. ( PL 5.2500 C755 1995).

Customer Service in the Planning Department, by Wendelyn Martz, MIS Report [May 1995], International City/County Management Association, Washington, D.C., ICMA, 1995, 16 p., ill. (PL 2.8000 MIS27:5**).

Fire Service Administration, by Nancy K. Grant and David H. Hoover, Quincy, MA., National Fire Protection Association, 1994, 442 p., ill. (PS 3.1000 F565 1994).

Festivals in Park and Recreation Areas, National Park Service, Washington, D.C., 1995, 48 p., ill. (P 0.0000 P38 T7 v.32 no. 2).

How to Access the Federal Government on the Internet: 1995, by Bruce Maxwell, Washington, D.C., Congressional Quarterly, Inc., 1995, xviii, 402 p., ill. (IS 7.0000 H657 1995).

Ideal & Practice in Council-manager Government, edited by H. George Frederickson, 2nd ed., Washington, D.C., ICMA, 1995, xiv, 284 p. (G 2.4000 I442 1995).

Implementing a Stormwater Management Program, by David S. Pyzoha, Boca Raton, FL, Lewis Publishers, 1994, xiii, 170 p. (US 5.3000 I475 1994).

K-9 Unit Manual: Bellevue Police Department, Bellevue, WA., 1994, ii, 37 p. (PS 6.6100 B44 K9 1994).

The Leadership Challenge: How to Keep Getting Extraordinary Things Done in Organizations, by James M. Kouzes, Barry Z Posner, 2nd ed., San Francisco, CA., Jossey-Bass, 1995, xxv, 406 p., (G 9.1200 L457 1995).

Open Meeting Laws, by Ann Taylor Schwing with Constance Taylor, Anchorage, AK, Fathom Publishing Company, 1994, xvii, 670 p. (G 4.2700 O645 1994).

Permit Handbook: Commonly Required Environmental Permits for Washington State, compiled by Kari Rokstad, The Department of Ecology, Olympia, WA.,1994, iv, 66 p., ill. (EN 3.0000 P355 1994).

Planning Local Economic Development: Theory and Practice, by Edward J. Blakely, 2nd ed., Thousand Oaks, CA., Sage Publications, 1994, xvi, 344 p. (ED 4.0000 P555 1994).

Public Employee Privacy: A Legal and Practical Guide to Issues Affecting the Workplace, by JamesBaird, David D. Kadue, Kenneth D. Sulzer, Chicago, IL., American Bar Association, 1995, xvi, 240 p. (PE 0.0009 P825 1995).

Right Person - Right Job: Guess or Know; the Breakthrough Technologies of Performance Information, Atlanta, GA., Johnson & James, 1995, 115 p., ill. (PE 2.5500 R555 1995).

Urban Design Concept Plan and Design and Development Guidelines, City of Sumner Community Development Department, Sumner, WA., 1995, ii, 72 p., ill. (PL 6.4000 S93 U75 1995).