Title 14 TRANSPORTATION CODE

The following words or phrases, whenever used in this chapter, shall have the meaning ascribed to them in this section unless, where used, the context shall clearly indicate to the contrary:

A. “Avenue” means a public or private thoroughfare dedicated or improved for general travel and as a means of primary access to the front of residential, business or other property and, except for occasional sinuosities, running in a generally north-south direction.

B. “Boulevard,” “drive” or “way” mean a public way dedicated or improved for general travel and as a primary means of access to the front of property, either as a thoroughfare or cul-de-sac, having such sinuosities as not to fit into the regular street or avenue pattern, or a divided or other ornamental way within or adjacent to a park, scenic or landscaped area and not being a portion or extension of a named street or avenue.

C. “Designating official” means the city engineer or other city administrative employee or employees ordered by the city manager to perform the duties of the designating official as herein prescribed.

D. “Place” means the same as a street or avenue but lying between and parallel to streets or avenues as an extra highway to the grid system of 16 streets to a mile; or a public or private way other than an alley, boulevard, drive or way which does not fit into the fixed street and avenue pattern by virtue of running at an acute angle to streets or avenues.

E. “Street” means a public or private thoroughfare dedicated or improved for general travel and as a means of primary access to the front of residential, business or other property and, except for occasional sinuosities, running in a generally east-west direction. (1961 code § 10.08.010.)

14.02.020 Numbering of streets.

The designating official shall assign numbers to all public or private ways now existing or hereafter established, which have not been named or numbered heretofore; provided, that no name or number shall be assigned to a private road or way unless the same shall be servient to one or more properties other than the tract of which it is a portion and unless an easement appurtenant has been granted by recorded deed. (1961 code § 10.08.020.)

14.02.030 Numbering principles.

The designating official shall assign a number to such streets, avenues or places by application of the following principles:

A. All streets, avenues (or places) shall be designated by numbers assigned at intervals of one-sixteenth of a mile from the base or meridian lines herein established.

B. The base line for street numbers shall be Main Street, located on the centerline of Sections 31 through 36, inclusive, in Township 25 North, Range 5 E.W.M.

C. Streets and places running generally east-west, north of Main Street shall bear the prefix Northeast (NE) and commencing with the designation “Northeast First Street” shall be assigned consecutively increasing numbers as the intervals increase to the north.

D. Streets and places running generally east-west, south of Main Street shall bear the prefix Southeast (SE) and commencing with the designation “Southeast First Street” shall be assigned consecutively increasing numbers as the intervals increase to the south.

E. The meridian line for avenues and places running generally north-south shall be 100th Avenue, located on the westerly line of Sections 5 through 32, inclusive, of Township 25 North, Range 5 E.W.M.

F. That portion of an avenue or place running generally north-south, lying north of Main Street shall bear the suffix Northeast (NE) while those portions lying south of Main Street shall bear the suffix Southeast (SE).

G. Avenues and places running generally north-south shall be assigned consecutively increasing numbers as the intervals increase to the east of 100th Avenue and consecutively decreasing numbers shall be assigned as the intervals increase to the west of 100th Avenue. (1961 code § 10.08.030.)

14.02.040 Prefixes and suffixes for boulevards.

Boulevards, drives and ways, whenever feasible, shall be designated with suffixes and prefixes to conform to the provisions of BCC 14.02.030 applicable to streets, places and avenues. When the boulevards, drives or ways are running in a predominantly east-west direction, the applicable prefixes will apply, and when the direction of such boulevards, drives or ways are predominantly north-south, the applicable suffix will apply. (1961 code § 10.08.040.)

14.02.050 Extensions to boulevards.

Extensions of existing boulevards, drives or ways shall bear the name of the existing boulevard, drive or way unless such extension is approximately straight and will fit into the system for designation of a street or avenue in which case the designating official shall designate such extension as a street or avenue unless the city council, by resolution, shall direct the extension to bear the name of the prior existing way. (1961 code § 10.08.050.)

14.02.060 Naming new boulevards.

New boulevards, drives or ways shall be named or designated by resolutions of the city council after recommendation by interested persons, community groups, planning commission or the designating official. (1961 code § 10.08.060.)

14.02.070 Naming existing streets.

All existing and named streets, avenues, places, boulevards, drives or ways shall continue to bear the designation heretofore existing under the King County numbering system unless changed by resolution or ordinance of the city council after the council has determined that the prior designation does not conform to the official street designating ordinance, that the public convenience and welfare will be served by such change in designation, or that the change in designation will implement the goals and policies of the city. (Ord. 5098 § 1, 1998; 1961 code § 10.08.070.)

14.02.080 Numbering houses required.

The designating official shall issue house or premises numbers to each new residence or other structure requiring a means of separate and simple identification at the time of issuing a building permit therefor. Such numbers shall be issued for preexisting building or premises upon the request of the owner or legal occupant where no such designating number has been issued, or where the issued number conflicts with the numbering system created by this chapter, and public convenience and welfare would be promoted by such renumbering. (1961 code § 10.08.080)

14.02.090 House numbering rules.

The numbers assigned by the designating official shall be determined by application of the following rules:

A. House or premises numbers shall be determined by adding two digits to the block number in which such house or premises is located. The block number shall be obtained by taking the number of the nearest street or avenue to the appropriate base line. Block numbers shall be obtained from streets or avenues only, and no consideration or change in block numbers shall be made by the intersection of a place.

B. Consecutive numbers shall be assigned on streets or places running east-west, for each 20-foot interval commencing from the nearest avenue intersection to the west of the house or premises.

C. Consecutive numbers shall be assigned on avenues for places running north-south, for each 20-foot interval from the nearest street intersection with the numbers beginning at the end of the block nearest the base line.

D. The houses or premises located on the south and/or west side of such streets, avenues, places or ways shall receive odd numbers and the premises or houses on the north and/or east side of such ways shall receive even numbers. (1961 code § 10.08.090.)

14.02.100 Title of chapter.

This chapter shall be known as the “official street and house designating ordinance.” (1961 code § 10.08.100.)

Chapter 14.06
TREES, WEEDS AND VEGETATION

14.06.070 Reporting obstructions of utility lines – Permit for removal by utility.

14.06.010 Duty of abutting owner to abate nuisance.

Trees, plants, shrubs, vegetation or parts thereof which so overhang any sidewalk or street, or public right-of-way, or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public or to obstruct vision of the improved portion of a public right-of-way or intersection of streets or which damage, obstruct or endanger power lines, cables, conduits, sewers or drains rightfully located within a public right-of-way, or which have grown or died upon any property and are a fire hazard or a menace to public health, safety or welfare are a public nuisance. It is the duty of the owner of the property wherein or whereon any such nuisance exists or of the property abutting the street wherein or whereon such nuisance exists to abate the same by trimming, destroying or removing such growing or dead growth. (1961 code § 10.20.010.)

14.06.020 Penalty for noncompliance.

The failure or refusal to comply with the provisions of BCC 14.06.010 shall subject the offender to a fine not exceeding $300.00 or imprisonment not exceeding 90 days, or both fine and imprisonment. (1961 code § 10.20.020.)

14.06.030 Enforcement.

Members of the transportation department and parks department shall enforce this chapter and, if any property owners fail or refuse to abate any such nuisance as defined by BCC 14.06.010, the city manager or his/her designee may, in addition or as an alternative to the penalties prescribed by BCC 14.06.020, require such property owner to abate the nuisance by removal, trimming or destruction at such owner’s cost and expense within a specified time; and if the removal, trimming or destruction is not made by said owner within the time specified, the city may abate the same as provided in BCC 14.06.050. (Ord. 5686 § 1, 2006; 1961 code § 10.20.030.)

14.06.040 Notice of abatement.

Notice of the nuisance shall be mailed to the owner as such owner’s name appears upon the records of the county treasurer and at the address shown thereon, or, if no owner or address is shown upon such records, a copy of the notice shall be posted upon the property. The notice shall describe the property involved, the nature of the hazardous condition constituting the nuisance and require the owner to make such trimming, removal or destruction and state that in the event of the owner’s failure to do so, the city will cause the trimming, removal or destruction of such nuisance and that the cost thereof shall be borne by the owner of the property and become a lien against the property. (Ord. 5686 § 2, 2006; 1961 code § 10.20.040.)

14.06.050 Abatement by city – Costs – Lien.

If the nuisance is not abated by trimming, removal or destruction by the property owner within the time fixed in the resolution and notice, the enforcing officer may abate the nuisance and he shall render a statement covering the costs of such abatement, including all of the city’s expense, and mail the bill to the property owner. If the property owner fails or refuses to pay such bill, or if the owner cannot be found, the enforcing officer may cause a lien to be filed against said property which shall be in similar form filed with the same county officers within the same time and manner and enforced and foreclosed as in the manner provided by state law for foreclosure of labor and material liens. (1961 code § 10.20.050.)

14.06.060 Obstruction of utility wires.

No trees shall be allowed to come in contact with telephone, telegraph, electric or power wires located upon poles situated within public rights-of-way; provided, that such wires are 25 feet above the level of the public place over which they pass. When an enforcing agent of the city finds that trees are coming in contact with the wires of public service companies or the city located within a public right-of-way, notice requiring the trimming of the same shall be given to the property owner as in the manner provided in BCC 14.06.030 and 14.06.040 and if not so trimmed or removed within five days of such written notice served upon the owner of the property or property abutting the street wherein such trees are located or of the posting and publication of notice as above provided, the enforcing official may procure the performance of such work in the manner above provided or he may direct the superintendent of streets to issue a permit to the owners of the wires empowering them to trim such trees at such utilities’ expense. If the work is done by the owner of the wires, the enforcing official of the city or his agent shall accompany the utility’s employees to supervise the extent and manner of trimming of said trees and the cost of such supervision shall be borne by the owner of the wires. (1961 code § 10.20.060.)

14.06.070 Reporting obstructions of utility lines – Permit for removal by utility.

Any public service company, municipality or quasi-municipal utility having knowledge of trees, plants, shrubs or vegetation which interfere with, endanger or threaten to interfere with or endanger overhead wires, lights or equipment or underground conduits, pipes, sewers or drains within the public right-of-way and desiring authority to trim or remove the same after failure or refusal of the owner to do so shall report such dangerous or threatening condition to the superintendent of streets, on forms provided therefor, and may make application for authority to trim and remove such trees, plants, shrubs or vegetation. The superintendent of streets, if he deems the condition described in the applicant’s report to constitute a nuisance, shall give notice to the property owner as provided in BCC 14.06.030, and cause the application and a copy of the notice to be presented to the city council at its next public meeting. At said meeting, the city council may order further investigation and report on the facts, may hear the property owner and may adopt a resolution requiring the property owner to abate the nuisance within the time specified in the resolution or order the abatement of the nuisance by city employees at the property owner’s cost and expense or may provide that the utility or public service company making application therefor shall have authority to trim and remove such plants, trees, shrubs and vegetation to such extent as is reasonable and necessary to abate the nuisance and to eliminate the danger to the utilities, wires, pipes, conduits, sewers and drains or to preserve the public health, safety and welfare. (1961 code § 10.20.070.)

14.06.080 Utility to post bond.

Before granting a permit to any public service company or quasi-municipal utility to trim or remove trees, plants, shrubs or vegetation as authorized by the council’s resolution, the licensing officer shall require the utility or quasi-municipal corporation to enter into an undertaking to hold the city harmless from damage or claim thereof resulting or alleged to result from such trimming or removal and to reimburse the city for the actual and reasonable cost of supervision by a city inspector of the trimming and removal. (1961 code § 10.20.080.)

14.06.090 Provisions supplemental.

The provisions of this chapter shall not be exclusive of other remedies available to the city and are supplemental and in addition to other ordinances or other legal remedies relating to the same. (1961 code § 10.20.090.)

14.06.100 Destruction of trees, shrubs, plants prohibited.

Except to abate a nuisance as defined herein, no person shall damage, destroy or mutilate any tree, shrub or plant in a public parking strip or any other public place, or attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill or other thing to or on any tree growing in a public place, or cause or permit any wire charged with electricity to come in contact with any such tree, or allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots or leaves; provided, however, that nothing contained herein shall preclude either the owner or occupant of real property from trimming or removing trees, shrubs and plants placed in the parking strip of such real property by such owner or occupant. (1961 code § 10.20.100.)

Chapter 14.10
TRAFFIC STANDARDS CODE

14.10.005 Purpose.

The purpose of this chapter is to set forth specific standards providing for city compliance with the concurrency requirements of the state Growth Management Act (GMA) and for consistency between city and countywide planning policies under the GMA. GMA requires that adequate street capacity be provided concurrently with development to handle the increased traffic projected to result from growth and development in the city and region. Responding to the changing framework of the future of transportation, these standards ensure compliance through the inclusion of:

A. Roadway standards that balance congestion management with land use objectives;

B. Mobility management areas with long-range objectives and shorter-term standards tailored to each area’s characteristics and needs;

C. Level-of-service standards for each mobility management area, to include: reflection of availability of other mobility options; adjustment of levels of service where appropriate; interim standards for specific areas until completion of interlocal negotiations; consideration of trips crossing mobility management area boundaries; use of area-average method of evaluating roadway system adequacy, and use of an averaged two-hour p.m. peak period representing extended high trip volume periods. (Ord. 5081 § 1, 1998; Ord. 4606 § 2, 1993.)

14.10.010 Definitions.

A. “Affected intersection” means a signalized system intersection within a mobility management area in the city; or over which the city has operational responsibility under an interlocal agreement, as authorized by Chapter 39.34 RCW or other law; or where there is such an interlocal agreement to apply this chapter to the intersection; and to which the development proposal is projected to add 20 or more P.M. peak period average trips.

B. “Affected mobility management area” means any mobility management area with an affected intersection.

C. “Area-average level of service” means the sum of the critical volumes of the signalized system intersections within a mobility management area divided by the sum of the capacity of the signalized system intersections within that mobility management area.

D. “Background traffic” means the volume of traffic that is projected to occur on the street system as of the anticipated date of occupancy of a proposal. Background traffic includes regional traffic, anticipated traffic from all proposals which have been approved under Chapter 23.10 BCC, approved Process I and Process II applications, and approved Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within a community council jurisdiction. Approved Process I and II applications, and Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within a community council jurisdiction shall be excluded from background traffic calculations after a one-year period, unless a building permit application has been filed.

E. “Concurrency” means a requirement of the 1990 Growth Management Act ( RCW 36.70A.070 (6)) that the city must enforce an ordinance precluding approval of a proposed development if that development would cause the level of service of a transportation facility to fall below the city’s adopted standard, unless revenues are secured to complete mitigating transportation improvements or strategies within six years. In the city of Bellevue, “transportation facility” is defined as any mobility management area. When a development fails to meet the concurrency test, mitigation will be required to accommodate the impacts of the development. Transportation demand management and other nonroadway strategies may be used.

F. “Congestion allowance” means the number of signalized system intersections allowed to exceed the level-of-service standard adopted for a mobility management area.

G. “Degradation” means an increase in the volume/capacity ratio (v/c ratio) above the area-wide level-of-service standard for a mobility management area as established in BCC 14.10.030; or an increase beyond the congestion allowance in the number of signalized system intersections exceeding the level-of-service standard.

H. “Director” means the director of the transportation department for the city of Bellevue, the director’s authorized representative, or any representative authorized by the city manager.

I. “Fully funded project” means a project in the most recently adopted capital investment program plan for the city or similar capital program of another jurisdiction which has sufficient revenues secured for construction.

J. “Level-of-service” means the degree of saturation of an intersection. It is measured as the summation of the flow ratios for all critical lane groups in the intersection.

K. “Mitigation,” for the purposes of this chapter, means transportation demand management strategies or facility improvements constructed or financed by a developer which return a degraded area-wide level of service to the standard of the area. If an area already exceeds the standard prior to the development proposal, “mitigation” means transportation demand management strategies or facility improvements constructed or financed by a developer that at the least maintains the area-wide level of service existing prior to the development.

L. “Mobility management areas” means distinct areas with boundaries based on factors such as area-specific mobility targets. Mobility management areas are shown mapped in BCC 14.10.060. Some mobility management areas include intersections outside the city’s jurisdiction; see Transportation Element policies TR-30 and TR-31.

N. “P.M. peak period (averaged) level of service” means the v/c ratio of a system intersection calculated using the P.M. peak period average trips.

O. “P.M. peak period average trips” means the average of the total vehicular trips between 4:00 p.m. and 5:00 p.m. and between 5:00 p.m. and 6:00 p.m.

P. “System intersection” means an intersection which contributes to the system function within each mobility management area. System intersections within the mobility management areas are listed and mapped in BCC 14.10.060.

Q. “Transportation demand management” means strategies designed to increase the efficiency of existing capital transportation facilities, including, but not limited to, transit and ridesharing incentives, flexible working hours, parking management, and pedestrian enhancements to decrease single-occupancy vehicle trips.

R. “Under construction” means when a construction contract for a project has been awarded or actual physical alteration or improvement has occurred on the site.

S. “Volume/capacity ratio (v/c ratio)” means the flow ratio for a lane group as defined in the Transportation Research Board Highway Capacity Manual, Special Report 209, using the operational analysis method where “v” equals the actual or projected demand flow rate for a lane group in vehicles per hour, and “c” equals the capacity of a lane group in vehicles per hour. (Ord. 5309 § 1, 2001; Ord. 5081 § 2, 1998; Ord. 4823 § 1, 1995; Ord. 4606 § 2, 1993.)

14.10.020 Application and administration.

A. General Application. This chapter applies to all applications filed after its effective date under Bellevue City Code (Land Use Code) Process I (LUC 20.35.100 et seq.); Process II (LUC 20.35.200 et seq.); Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within community council jurisdiction (LUC 20.35.300 et seq.); and Chapter 23.10 BCC; if the proposal or use will generate 30 or more new P.M. peak period average trips; provided, this chapter shall not apply to final plan approval or to any building permit for a planned unit development which received preliminary plan approval prior to June 14, 1989. The trip generation rate is based on the most recent “Trip Generation,” published by the Institute of Transportation Engineers. Other trip generation rate sources may be used where ITE data are based on a limited survey base or where there may be special trip-generating characteristics of the proposal.

B. Phased Development. A phased development is any Process I or Process II approval, or Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within community council jurisdiction, involving multiple buildings where issuance of building permits under Chapter 23.10 BCC could occur for individual buildings. The requirements of this chapter shall be applied for all phases at the time of approval of the initial phase and may be adjusted for each subsequent phase based on the cumulative impact of all the phases.

C. Single Project Limits. All Process I, Process II, Process III conditional use, shoreline conditional use, preliminary plat, planned unit development and protected area development exception applications within a community council jurisdiction and Chapter 23.10 BCC applications which have been submitted for a single project limit (as defined in Bellevue City Code (LUC 20.50.040) within the three-year period immediately prior to an application will be considered as being a single application for purposes of determining under subsection A of this section whether this chapter applies to the application.

D. Change in Occupancy. This chapter applies to applications for tenant improvement permits where SEPA review is required and 30 or more new p.m. peak period average trips will be generated.

E. Concomitant Agreements. This chapter applies to any development application that is subject to an existing concomitant agreement unless the agreement specifically provides otherwise.

F. SEPA. This chapter establishes minimum standards which are to be applied to all proposals in order to provide street capacity improvements to minimize traffic congestion on the streets and highways in the city. This chapter is not intended to limit the application of the State Environmental Policy Act to specific proposals. Each proposal shall be reviewed and may be conditioned or denied under the authority of the State Environmental Policy Act and the Bellevue Environmental Procedures Code (Chapter 22.02 BCC).

G. Reconstruction of Destroyed Buildings. If a building to which this chapter did not apply at time of construction is destroyed by fire, explosion or act of God or war, and is reconstructed in accordance with city code, it will not be required to comply with this chapter unless the reconstructed building is anticipated to produce trips in excess of those produced by the destroyed building.

H. Administration. The director shall be responsible for the administration of this chapter. The director may adopt rules for the implementation of this chapter; provided the director shall first hold a public hearing. The director shall publish notice of intent to adopt any rule and the date, time and place of the public hearing thereon in a newspaper of general circulation in the city at least 20 days prior to the hearing date. Any person may submit written comment to the director in response to such notice, and/or may speak at the public hearing. Following the public hearing the director shall adopt, adopt with modifications, or reject the proposed rules.

I. Exemptions. The portion of any project used for any of the following purposes is exempt from the requirements of this chapter:

1. Child care facility for children, as defined in LUC 20.50.014, if not operated for profit;

4. Privately operated not-for-profit social service facilities recognized by the Internal Revenue Service under Internal Revenue Code Section 501(c)(3);

5. Affordable housing, which is defined as housing which is affordable to persons whose income is below 80 percent of the median income for persons residing in the Seattle Metropolitan Statistical Area;

Notwithstanding the exemptions hereunder provided, the traffic resulting from an exempt use shall nonetheless be included in computing background traffic for any nonexempt project. (Ord. 5555 § 1, 2004; Ord. 5309 § 2, 2001; Ord. 5308 § 1, 2001; Ord. 5081 § 3, 1998; Ord. 4823 § 2, 1995; Ord. 4606 § 2, 1993.)

14.10.030 Level-of-service standard.

A. Area-Average Level-of-Service Standards. P.M. peak period (averaged) level-of-service standards are tailored for each mobility management area, reflecting distinct conditions and multiple community objectives, with an area-average approach used to measure system adequacy. In this approach, the average level-of-service of the system intersections within each area is calculated. The congestion allowance specified for each mobility management area is the maximum number of system intersections allowed to exceed the area-average level-of-service standard set for a mobility management area. The area-average level-of-service standard and the congestion allowance for each mobility management area are:


Mobility Management Area		Area-Average LOS Standard (Maximum v/c Ratio)	Congestion Allowance
Regional Center		0.950
	(Downtown/Area #3)		9
Activity Area		0.950
	(Factoria/Area #13)		5
Mixed Commercial/ Residential Areas		0.900
Mixed Commercial/ Residential Areas		0.900
	(Bel-Red/Northup/Area #4)		10
	(Bel-Red/Northup/Area #4)		10
	(Crossroads/Area #5)		2
	(Eastgate/Area #10)		4
Interlocal Areas		0.950
	(Overlake/Area #12)		9
Residential Group 1		0.850
	(North Bellevue/Area #1)		3
	(South Bellevue/Area #7)		4
	(Richards Valley/Area #8)		5
	(East Bellevue/Area #9)		5
Residential Group 2		0.800
	(Bridle Trails/Area #2)		2
	(NE Bellevue/Area #6)		2
	(Newcastle/Area #11)		3
	(Newport/Area #14)		*
*No system intersections are currently identified in this mobility management area.

B. Degradation of Mobility Management Areas. Degradation of a mobility management area is defined in BCC 14.10.010. If the maximum v/c ratio of a mobility management area is already exceeded prior to a development proposal, the development proposal may not degrade the v/c ratio further. If the congestion allowance of a mobility management area is already exceeded prior to the development proposal, the development proposal may not degrade the congestion allowance further. (Ord. 5081 § 4, 1998; Ord. 4823 § 3, 1995; Ord. 4606 § 2, 1993.)

14.10.040 Review of development proposals.

A. Application. The director will review any proposal which is subject to this chapter under BCC 14.10.020 to determine its impact on each mobility management area it affects.

B. Development Approval. A proposal (consisting of a development project and mitigation, if any) meets the requirements of this chapter if the volume of traffic resulting from the proposal when added to the background traffic volumes of the affected intersections (1) would not cause degradation of the area-wide level-of-service in any mobility management area, and (2) would not cause the congestion limit to be exceeded in any mobility management area. The developer may rely on capacity provided by fully funded projects, including projects in the current capital investment program as defined in BCC 14.10.010(I), and capacity provided by street improvements under contract as part of other approved development proposals.

C. Development Denial. The proposal will not be approved under this chapter if it causes degradation not mitigated by (1) the existing street network, (2) fully funded projects, (3) street improvements under contract as part of other approved development proposals which are fully funded, or (4) developer mitigation constructed in accordance with BCC 14.10.050.

D. Director’s Decision and Appeal Process.

1. The director will determine if mitigation is required under this chapter.

2. If mitigation is required, the director shall determine if the mitigation proposed by the developer meets the requirements of BCC 14.10.050. Notice of the director’s decision and the transportation improvements required shall be published once in a newspaper of general circulation in the city or consolidated with any other notice required by the Bellevue Land Use Code or Environmental Procedures Code.

3. Any party who has standing to appeal may appeal the director’s decision to the hearing examiner pursuant to the Process II appeal procedures, BCC (Land Use Code) 20.35.250.

4. Any appeal of the director’s decision must be filed with the city clerk within the time period required in Process II, BCC (Land Use Code) 20.35.200 et seq.

E. Changes to Fully Funded Projects. If the list of fully funded projects is modified after the time the proposal vests under BCC 23.10.032, the applicant may elect to rely on the new capacity provided by the modified list of fully funded projects; provided, that such election must be made prior to issuance of a building permit. (Ord. 5081 § 5, 1998; Ord. 4978 § 30, 1997; Ord. 4823 § 4, 1995; Ord. 4606 § 2, 1993.)

14.10.050 Methods of providing transportation improvements.

A. Mitigation Methods. If mitigation is required to meet the area-average level-of-service standard or congestion allowance in any mobility management area, the applicant may choose to (1) reduce the size of the development until the standard is met, (2) delay the development schedule until the city and/or others provide needed improvements, or (3) provide the mitigation per subsection B of this section.

B. Payment for and Timing of Improvements.

1. Construction improvements to intersections subject to the city’s direct operational control

which are required of a developer under BCC 14.10.040 must be under construction within six months after issuance of a certificate of occupancy, final plat approval, or other such approval. The director shall require an assurance device to guarantee completion of such improvements in accordance with LUC 20.40.490.

2. The developer may provide funding in an amount equal to the director’s cost estimate for improvements required under BCC 14.10.040. The director may require actual construction rather than provision of funding. Payment for transportation improvements must occur by the time of building permit issuance, final plat approval, or other such approval.

3. All funds received by the city under subsection (B)(2) of this section shall be expended within six years of receipt. Any funds not expended within six years of receipt shall be refunded in full to the property owner currently of record, plus interest earned, less a reasonable administrative charge for processing.

4. The director may recommend to the city council approval of latecomer agreements as provided by state law or for other reimbursement from properties benefited by the improvements.

5. A proposal for construction of transportation improvements to intersections partially or wholly outside the city’s direct operational control, or payment for those improvements in an amount equal to the director’s cost estimate, which improvements are required of a developer to meet the requirement of BCC 14.10.040(B), must be submitted to the agencies which have control for approval. Should the agencies elect to postpone the proposed improvements, or refuse to accept the proposed mitigation, the director shall collect and hold the amount estimated for mitigation until the improvement is made or until six years have elapsed. Any funds not expended within six years of receipt shall be refunded in full to the property owner currently of record, plus interest earned, less a reasonable administrative charge for processing. An assurance device in accordance with LUC 20.40.490 may, with the agencies’ approval, substitute for the payment or construction.

C. Transportation Demand Management.

1. As a mitigation measure, the developer may propose and establish transportation demand management strategies to reduce single-occupancy vehicle trips generated by the project. The director will determine the corresponding trip volume reduction, which for purposes of determining compliance with this chapter shall not be greater than 30 percent. The director will have discretion to grant an exception to the 30 percent limit.

2. The director shall monitor and enforce the transportation demand management performance as directed under BCC 14.60.070 (Transportation Management Program) and through programs developed for the downtown in accordance with BCC 14.60.080 (Transportation Management Program – Downtown). The director will determine if a performance assurance device will be required.

D. Decision Criteria – Acceptable Mitigation. Acceptable mitigation requires a finding by the director that:

1. The mitigation is consistent with the comprehensive plan.

2. The mitigation contributes to system performance.

3. If the mitigation proposed involves an intersection, the intersection must be operating at a v/c ratio of 0.851 or greater, except in residential group #2, where intersections must be operating at a v/c ratio of 0.800 or greater.

4. Improvements to an intersection or roadway may not shift traffic to a residential area.

5. Improvements to an intersection or roadway may not shift traffic to other intersections for which there is no acceptable mitigation available.

6. Improvements to an intersection or roadway may not shift traffic to intersections within another jurisdiction which would violate that jurisdiction’s policies and regulations.

7. Improvements to an intersection or roadway may not shift traffic to another mobility management area when such a shift would violate that mobility management area’s objectives and standards.

8. The effect of the improvement may not result in a reduction or loss of another transportation objective, including but not limited to high occupancy vehicle lanes, sidewalks, or bicycle lanes.

9. The adverse environmental impacts of the facilities improvement can be reasonably alleviated.

10. The improvement will not violate accepted engineering standards and practices.

Notwithstanding the foregoing, the director has the authority, in the director’s sole discretion, to require correction of a documented safety-related deficiency. (Ord. 5309 § 3, 2001; Ord. 5081 § 6, 1998; Ord. 4823 § 5, 1995; Ord. 4606 § 2, 1993.)

14.10.060 Mobility management area system intersections and map.

Area 1: North Bellevue

Int. # North-South Street East-West Street

69 Bellevue Way NE NE 24th Street

74 Bellevue Way NE Northup Way NE

78 108th Ave. NE Northup Way NE

93 Lake Washington Blvd. NE 1st/NE 10th

Area 2: Bridle Trails

Int. # North-South Street East-West Street

118 Northup Way NE 24th Street

123(F) 140th Ave. NE NE 40th Street

Area 3: Downtown

Int. # North-South Street East-West Street

3 100th Ave. NE NE 8th Street

5 Bellevue Way NE NE 12th Street

7 Bellevue Way NE NE 8th Street

8 Bellevue Way NE NE 4th Street

9 Bellevue Way Main Street

20 108th Ave. NE NE 12th Street

21 108th Ave. NE NE 8th Street

22 108th Ave. NE NE 4th Street

24 108th Ave. Main Street

25 112th Ave. NE NE 12th Street

26 112th Ave. NE NE 8th Street

36 112th Ave. Main Street

72 112th Ave. NE NE 4th Street

Area 4: Bel-Red/Northup

Int. # North-South Street East-West Street

29 116th Ave. NE NE 12th Street

30 116th Ave. NE NE 8th Street

32 120th Ave. NE NE 12th Street

34 124th Ave. NE Bel-Red Road

35 124th Ave. NE NE 8th Street

37 130th Ave. NE Bel-Red Road

68 130th Ave. NE NE 20th Street

73 116th Ave. Main Street

88 124th Ave. NE Northup Way NE

114 116th Ave. NE Northup Way NE

116 115th Place NE Northup Way NE

117 120th Ave. NE NE 20th Street

131 116th Ave. SE SE 1st Street

139 116th Ave. NE NE 4th Street

233 120th Ave. NE NE 8th Street

Area 5: Crossroads

Int. # North-South Street East-West Street

58 Bel-Red Road NE 20th Street

62 156th Ave. NE Northup Way

63 156th Ave. NE NE 8th Street

Area 6: North-East Bellevue

Int. # North-South Street East-West Street

75 164th Ave. NE NE 24th Street

76 164th Ave. NE Northup Way

87 164th Ave. NE NE 8th Street

111 Northup Way NE 8th Street

Area 7: South Bellevue

Int. # North-South Street East-West Street

14 112th Ave. SE Bellevue Way SE

89 112th Ave. SE SE 8th Street

102 118th Ave. SE SE 8th Street

219 I-405 NB Ramps SE 8th Street

226 I-405 SB Ramps SE 8th Street

Area 8: Richards Valley

Int. # North-South Street East-West Street

43 140th Ave. SE SE 8th Street

44 145th Place SE Lake Hills Blvd.

45 145th Place SE SE 16th Street

71 Lake Hills Connector SE 7th Pl./SE 8th Street

82 Richards Road Kamber Road

85 Richards Road SE 32nd Street

134 Richards Road Lake Hills Connector

280(F) Sunset Connector Kamber Road

Area 9: East Bellevue

Int. # North-South Street East-West Street

41 140th Ave. NE NE 8th Street

42 140th Ave. Main Street

49 148th Ave. NE NE 8th Street

50 148th Ave. Main Street

51 148th Ave. SE Lake Hills Blvd.

52 148th Ave. SE SE 16th Street

55 148th Ave. SE SE 24th Street

65 148th Ave. SE SE 8th Street

83 156th Ave. Main Street

Area 10: Eastgate

Int. # North-South Street East-West Street

56 148th Ave. SE SE 27th Street

86 156th Ave. SE SE Eastgate Way

92 161st Ave. SE SE Eastgate Way

101 150th Ave. SE SE Eastgate Way

171 142nd Ave. SE SE 36th Street

174 150th Ave. SE SE 38th Street

227 150th Ave. SE I-90 EB Off-Ramp/SE 36

272(F) Sunset Connector SE Eastgate Way

Area 11: Newcastle

Int. # North-South Street East-West Street

98 Coal Creek Parkway Forest Drive

133 150th Ave. SE SE Newport Way

228(F) SR-901/Lakemont

Blvd. Ex SE Newport Way

229(F) Lakemont Blvd. Forest Drive

242(F) 164th Ave. SE Lakemont Blvd/Lakemont

257(F) 164th Ave. SE SE Newport Way

Area 12: Overlake

Int. # North-South Street East-West Street

39 140th Ave. NE NE 20th Street

40 140th Ave. NE Bel-Red Road

47 148th Ave. NE NE 20th Street

48 148th Ave. NE Bel-Red Road

59 Bel-Red Road NE 24th Street

60 156th Ave. NE Bel-Red Road

61 156th Ave. NE NE 24th Street

64 140th Ave. NE NE 24th Street

79 148th Ave. NE NE 40th Street

81 148th Ave. NE NE 24th Street

138 Bel-Red Road NE 40th Street

188 148th Ave. NE NE 29th Street

189(F) NE 29th Place NE 24th Street

239 156th Ave. NE NE 40th Street

249 148th Ave. NE NE 51st Street

250(F) SR-520 SB Ramps NE 51st Street

251(F) SR-520 NB Ramps NE 51st Street

255 156th Ave. NE NE 51st Street

264 156th Ave. NE NE 31st Street

Area 13: Factoria

Int. # North-South Street East-West Street

105 Richards Road SE Eastgate Way

202 128th Ave. SE/
Newport Way SE Newport Way

203 SE Newport Way Coal Creek Parkway

204 128th Ave. SE SE 36th Street

220 I-405 NB Ramps Coal Creek Parkway

221 I-405 SB Ramps Coal Creek Parkway

222 128th Ave. SE SE 38th Place

284(F) 124th Ave. SE Coal Creek Parkway

Area 14: Newport

No system intersections are currently identified in this mobility management area.

Notes:

See Attachment A for map.

(F) designates future signal.

(Ord. 5081 § 7, 1998; Ord. 4823 § 6, 1995; Ord. 4606 § 2, 1993.)

Attachment A

Chapter 14.20
FRANCHISE TERMS AND CONDITIONS¹

Sections:

14.20.010 Scope of chapter.

14.20.020 Franchise as a contract.

14.20.030 Franchise term.

14.20.040 Franchise not exclusive.

14.20.050 Subject to authority.

14.20.060 Franchise applications – Contents.

14.20.070 Application fee.

14.20.080 Consideration of applications.

14.20.090 Franchise acceptance.

14.20.100 Franchise performance bond.

14.20.110 Legal acquisition by purchase or condemnation.

14.20.120 Rights of grantee.

14.20.130 Construction approval and inspection.

14.20.140 Time for start and completion of construction – Termination of franchise.

14.20.150 Relocation.

14.20.160 Transfer of ownership or control.

14.20.170 Successors to grantee.

14.20.180 Forfeiture of rights.

14.20.190 Assumption of liability.

14.20.200 Insurance.

14.20.210 Grantee to indemnify city.

14.20.220 Extent of grantee’s obligations.

14.20.230 Franchise fee.

14.20.240 Charge for administrative costs.

14.20.250 Liquidated damages.

14.20.260 Civil penalties and additional relief.

14.20.270 Revocation and termination.

14.20.280 Procedures for termination.

14.20.290 Changes in provisions.

14.20.300 Force majeure.

14.20.010 Scope of chapter.

The following terms and conditions shall apply and shall be deemed to be terms and conditions of any franchise to use the right-of-way or other public property of the city hereafter granted by the city to any municipal or private corporation engaged in the public service or utility business, unless and except to the extent that such ordinance or resolution granting such franchise expressly provides terms or conditions contrary to those herein contained. (Ord. 5532 § 2, 2004.)

14.20.020 Franchise as a contract.

A franchise issued pursuant to the provisions of this chapter shall be deemed to constitute a contract between a grantee and the city. In the event of a conflict between the provisions of this chapter and a franchise issued pursuant hereto, the provisions of this chapter shall govern unless the franchise clearly states the parties’ intent to have the provisions of the franchise control over the provisions of this chapter. Each party shall be deemed to have contractually committed itself to comply with the terms, conditions and provisions of a franchise, and a grantee shall further comply with all written rules, orders and regulations applicable to and not inconsistent with a franchise, which rules, orders and regulations are issued, promulgated or made pursuant to the provisions of this chapter or other lawful authority. (Ord. 5532 § 2, 2004.)

14.20.030 Franchise term.

The term of a franchise shall be specified in a franchise agreement, but it shall not exceed 10 years. (Ord. 5532 § 2, 2004.)

14.20.040 Franchise not exclusive.

Such grant or privilege pursuant to the provisions of this chapter shall not be deemed or held to be an exclusive franchise. It shall in no manner prohibit the city from granting other franchises of a like nature or franchises for other public or private utilities over, along, across, under and upon any right-of-way or other public property and shall in no way prevent or prohibit the city using any of said right-of-way or other public property, or affect its jurisdiction over them or any part of them, with full power to make all necessary changes, relocations, repairs, maintenance, etc., of same as they deem fit. (Ord. 5532 § 2, 2004.)

14.20.050 Subject to authority.

A grantee shall, at all times during the term of a franchise, be subject to all lawful exercise of the police power by the city and to such lawful regulations as the city shall hereafter enact. A grantee shall construct, operate and maintain all equipment, facilities or other improvements in full compliance with all other applicable rules and regulations now in effect or hereafter adopted by the United States, the state of Washington, the city or any agency of said governments with jurisdiction over said activities. (Ord. 5532 § 2, 2004.)

14.20.060 Franchise applications – Contents.

All applications to construct, operate, or maintain necessary equipment, facilities and other improvements shall be filed with the director of transportation or his or her designee. An application for the grant of an initial franchise may be filed pursuant to a request for proposals issued by the city or on an unsolicited basis. To be acceptable for filing, an original and two copies of the application must be submitted and be accompanied by the application filing fee where required.

At a minimum, each application for an initial franchise shall set forth the following information. The city may waive the requirement for submitting some or all of this information when the application is for the renewal of an existing franchise.

A. The name, address and telephone number of the applicant.

B. A detailed statement of the corporate or other business organization of the applicant.

C. A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the five fiscal years immediately preceding the date of the application. If the corporate or business entity organization of the applicant has not been in existence for a full five years, applicant shall submit a certified financial statement for the period of its existence.

D. A detailed description of all previous experience of the applicant in providing the intended service which includes a statement identifying, by place and date, all other franchises awarded to the applicant, its parent or subsidiary; the status of the franchises with respect to completion; the total cost of completion of such systems; and the amount of applicant’s and its parent’s or subsidiary’s resources committed to such systems.

E. An indication of whether the applicant, or any person or entity controlling the applicant, or any officer or major stockholder of the applicant, has been adjudged bankrupt, had a franchise revoked, or been found guilty by any court or administrative agency of a violation of a security or antitrust law, federal or state safety laws or regulations, any felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances.

F. A detailed description of the proposed plan of operation of the applicant, which shall include, but not be limited to, the following:

1. A detailed map indicating a proposed time schedule for the installation of all equipment, facilities and other improvements necessary to become operational, a description of the construction of the proposed system including an estimate of the above and below ground mileage and the projected total cost for construction of the system.

2. A detailed statement describing the physical facility proposed, technical design, the actual equipment, and the operational and technical standards proposed by the applicant.

G. Any other information reasonably requested by the city which is deemed necessary to evaluate the applicant or which could materially affect the granting of the franchise.

H. The city at its discretion may decide to accept less than the documentation above if it can establish through other sources that the applicant can meet the technical, financial and legal qualifications to meet all of the terms and conditions of a franchise and that the applicant is a competent operator of such systems. (Ord. 5532 § 2, 2004.)

14.20.070 Application fee.

A. Unless prohibited by applicable law, each application for new franchise; the renewal of an existing franchise; any sale, assignment, merger, transfer or change of control; or any request for modification of or any other relief from the duties and obligations of a franchise shall be accompanied by a nonrefundable minimum filing fee of $5,000.

B. Unless prohibited by applicable law, where the city’s actual out-of-pocket costs in considering the application exceed the $5,000 minimum application filing fee, such costs shall be paid by the applicant. The city will bill for out-of-pocket costs on a quarterly basis with payment terms of 30 calendar days. If invoices are not paid within the 30 days, the applicant shall be charged and shall pay interest at the rate of 12 percent per annum of the amount of the unpaid or underpaid costs; provided, however, that such rate does not exceed the maximum amount allowed under applicable law. The invoice will provide the method of calculation, documentation and total amounts due less the original credit of the $5,000 filing fee. The city will submit the final invoice within 30 calendar days from the date of the approval or denial of the franchise by the city council. (Ord. 5532 § 2, 2004.)

14.20.080 Consideration of applications.

A. The city will consider each application for a new or renewed franchise where the application is found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable request for proposals (RFP). In evaluating an application the city will consider, among other things, the applicant’s past service and safety record in the city and in other communities, the nature of the proposed facilities and services, proposed area of service, proposed rates, and whether the proposal would adequately serve the public needs and the overall interests of the citizens of the city.

B. If the city determines that an applicant’s proposal for a new franchise would serve the public interest, it may grant a franchise to the applicant, subject to terms and conditions as agreed upon between the applicant and the city. No franchise shall be deemed granted unless and until a franchise agreement acceptable to the parties has been executed. Any such franchise must be approved by resolution or ordinance of the city council in accordance with applicable law.

C. Where the application is for a renewed franchise, the city shall consider whether:

1. The applicant has substantially complied with the material terms of the existing franchise and with applicable law;

2. The quality of the applicant’s service, where applicable, has been reasonable in light of community needs;

3. The applicant’s use or occupation of the right-of-way presents an unreasonable or unacceptable risk to public health, safety or welfare and whether the applicant’s construction, installation, operation or maintenance practices for the cable communications system are or have been conducted in an unsafe or dangerous manner; and

4. The applicant has the ability to provide the services, facilities and equipment as set forth in the application.

D. In the course of considering an application for a renewed franchise, the city council shall adhere to all requirements of applicable law. In the event the city makes a preliminary assessment that the franchise should not be renewed, the city or the city’s hearing body shall hold a public hearing or hearings, in which the grantee seeking renewal shall be afforded a fair opportunity for full participation, including the right to testify, to require the production of and to introduce evidence, and to question witnesses. Notice of any such public hearing shall, at least 10 days before the date of the hearing, be published in a local newspaper of general circulation in the city and be sent by certified mail to each applicant to be considered. A transcript shall be made of such hearing. Within a reasonable time following the conclusion of such hearing, the council shall issue a written decision granting or denying the proposal for renewal based on the record of such proceeding and stating the reasons therefor. The city shall transmit a copy of said decision to the applicant. If the proposal is granted, the parties shall proceed to negotiate the terms and conditions of a renewed franchise, based on said proposal. Any denial of an application for a renewed franchise shall be based on one or more adverse findings made with respect to the factors described in subsection (A) of this section, pursuant to the requirements of applicable law. Neither grantee nor the city shall be deemed to have waived any right it may have under federal or state law by participating in a proceeding pursuant to this subsection. (Ord. 5532 § 2, 2004.)

14.20.090 Franchise acceptance.

A franchise and its terms and conditions shall be accepted by written instrument, in a form acceptable to the city clerk, and shall be executed and filed with the city within 30 days after the granting of the franchise by the city. In its acceptance, a grantee shall declare that it has carefully read the terms and conditions of this chapter and the franchise and accepts all of the terms and conditions of this chapter and the franchise and agrees to abide by same. In accepting a franchise, a grantee shall indicate that it has relied upon its own investigation of all relevant facts, that it had the assistance of counsel, that it was not induced to accept a franchise, and that it accepts all reasonable risks related to the interpretation of the franchise. (Ord. 5532 § 2, 2004.)

14.20.100 Franchise performance bond.

The grantee shall, within 30 days of the effective date of any franchise granted under this chapter or within 30 days of the granting of a renewal or the transfer of a franchise, furnish to the city a franchise performance bond. The franchise performance bond shall be used to guarantee compliance with the terms and conditions of the franchise and payment of all sums which may become due to the city under this chapter or franchise issued pursuant hereto. The franchise performance bond shall be maintained in the full amount specified in the franchise, throughout the term of the franchise and for one year after the franchise expires or is terminated, without reduction or allowances for any amounts which are withdrawn or paid pursuant to this chapter. This section in no way impairs the city’s ability to require bonds in accordance with Chapter 14.30 BCC, as from time to time amended. (Ord. 5532 § 2, 2004.)

14.20.110 Legal acquisition by purchase or condemnation.

The granting of a franchise shall not preclude the city from acquiring by purchase or condemnation any or all of the equipment, facilities or other improvements installed by the grantee within the right-of-way or other public property within the city by such legal means as would have been available to such municipality if no such franchise had been granted. (Ord. 5532 § 2, 2004.)

14.20.120 Rights of grantee.

The grantee shall have the right and authority, to the extent expressed in the franchise, to enter upon the right-of-way and other public property designated by said franchise for the purpose of constructing, maintaining and operating necessary equipment, facilities and other improvements within such property, in conformity with local, state and federal statutes and regulations now in force or hereinafter enacted governing such utilities. (Ord. 5532 § 2, 2004.)

14.20.130 Construction approval and inspection.

The grantee shall construct, install, operate and maintain its equipment, facilities and other improvements in the right-of-way or other public property pursuant to plans and specifications approved by the transportation department and under the supervision and inspection of a supervisor or inspector provided by the city at the expense of such grantee. (Ord. 5532 § 2, 2004.)

14.20.140 Time for start and completion of construction – Termination of franchise.

The grantee, its successors or assigns shall commence system construction within the time stated within the franchise, and shall complete and have in operation such portion of the system as may be specified in the franchise or the franchise shall be voidable by the city and the rights therein conferred upon the grantee may cease and terminate. (Ord. 5532 § 2, 2004.)

14.20.150 Relocation.

A. Whenever the city causes the construction of any project within the franchise area or on public grounds and such construction necessitates the relocation of grantee’s facilities from their existing location within the franchise area or on such public grounds and places, such relocation will be at no cost to the city.

B. In the event an emergency posing a threat to public safety or welfare requires the relocation of grantee’s facilities, the city shall give notice of the emergency as soon as reasonably practicable. Upon receipt of such notice from the city, grantee shall endeavor to respond as soon as reasonably practicable to relocate the affected facilities.

C. Whenever any third party requires the relocation of grantee’s facilities to accommodate work of such third party within the franchise area or on such public grounds, then the grantee shall have the right as a condition of any such relocation to require payment to grantee, at a time and upon terms acceptable to grantee, for any and all costs and expenses incurred by grantee in the relocation of their facilities; provided, however, in the event the city reasonably determines and notifies grantee that the primary purpose of the third party requiring relocation is to facilitate the construction of a city project consistent with the city’s capital investment plan, transportation improvement program, or the transportation facilities program, then only those costs and expenses incurred by grantee in reconnecting such relocated facilities with other facilities shall be paid to grantee by such third party.

D. As to any relocation of grantee facilities whereby the cost and expense thereof is to be borne by grantee, grantee may submit in writing to the city alternatives to relocation of its facilities. Upon the city’s receipt from grantee of such written alternatives, the city shall evaluate such alternatives and shall advise grantee in writing if one or more of such alternatives is suitable. In evaluating such alternatives, the city shall give each alternative proposed by grantee full and fair consideration with due regard to all facts and circumstances which bear upon the practicality of relocation and alternatives to relocation. No alternative proposed by grantee shall be evaluated by the city in an arbitrary or capricious manner. In the event the city reasonably determines that such alternatives are not appropriate, grantee shall relocate its facilities as originally requested.

E. If the city requires the subsequent relocation of any facilities within five years from the date of relocation of such facilities, the city shall bear the entire cost of such subsequent relocation. (Ord. 5532 § 2, 2004.)

14.20.160 Transfer of ownership or control.

A franchise issued pursuant to this chapter thereto shall not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, consolidation, or otherwise hypothecated in any manner, nor shall title thereto, either legal or equitable, control thereof, or any right, interest, or property therein pass to or vest in any person or entity, nor shall the controlling interest in any corporation holding a franchise hereunder be changed in a manner reasonably anticipated to diminish substantially grantee’s ability or likelihood of performing its obligations under the franchise, without the prior consent of the council, such consent not to be unreasonably withheld, or only under such conditions as may be required by the council; provided, however, such transfer of control shall not include transfer to a parent, subsidiary, or affiliate of a grantee, except when such transfer is intended to avoid application of this section. Every type of sale, assignment change, transfer, or acquisition of control of a franchise issued pursuant to this chapter thereto shall make a franchise subject to cancellation unless and until the city shall have consented. Such consent shall not be unreasonably withheld. (Ord. 5532 § 2, 2004.)

14.20.170 Successors to grantee.

All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns and independent contractors of the grantee and all privileges of the grantee shall inure to successors, assigns and such contractors equally as if they were specifically mentioned wherever the grantee is mentioned. (Ord. 5532 § 2, 2004.)

14.20.180 Forfeiture of rights.

If the grantee, its successors or assigns willfully violate or fail to comply with any of the provisions of such grant, fail to make timely payment of the franchise fee, annual charge or charge for additional actual costs and expenses incurred by the city over and above the annual charge, or through willful or unreasonable neglect fail to heed or comply with any notice given the grantee under the provisions of such grant, then the said grantee, its successors or assigns shall forfeit all rights conferred thereunder and such franchise may be revoked or annulled by the city council. (Ord. 5532 § 2, 2004.)

14.20.190 Assumption of liability.

A. The grantee shall save and hold the city harmless from any and all liability whatsoever arising out of the use or occupation of any part of the right-of-way or other public property by grantee under the terms of any franchise. This section shall be construed to mean that the grantee accepts such franchise and any rights conferred thereunder for the use and occupation of any portion of the right-of-way or other public property, at its own risk.

B. The grantee, by its acceptance of the franchise, specifically agrees that it will pay all damages and penalties which the city may legally be required to pay as a result of granting the franchise including any reasonable attorney’s fee. (Ord. 5532 § 2, 2004.)

14.20.200 Insurance.

The franchisee shall maintain, and by its acceptance of the franchise specifically agrees that it will maintain, throughout the term of the franchise, liability insurance in such amounts and under such conditions as specified in the franchise. (Ord. 5532 § 2, 2004.)

14.20.210 Grantee to indemnify city.

The grantee, its successors or assigns shall protect and save harmless the city from all claims, actions or damages of every kind and description which may accrue to be suffered by any person or persons, corporation or property by reason of any faulty construction, defective material or equipment, or maintenance, or by the improper occupation of said right-of-way by the said grantee or by reason of the negligent, improper or faulty manner of safeguarding any excavation, temporary turnouts or inefficient operation by the grantee of its pipelines over said streets, avenues, alleys, roads and public places as hereinbefore designated, and in case that suit or action is brought against the city for damages arising out of or by reason of any of the above-mentioned causes, the grantee, its successors or assigns will, upon notice to it or them of the commencement of said action, defend the same at its or their sole cost and expense and in case judgment shall be rendered against the city in suit or action, will fully satisfy said judgment within 90 days after the said suit or action shall have been finally determined, if determined adversely to the city; provided, that the grantee therein, its successors or assigns shall have the right to employ its own counsel in any cause or action and be given the management of the defense thereof. (Ord. 5532 § 2, 2004.)

14.20.220 Extent of grantee’s obligations.

The obligations imposed upon the grantee by the express terms of the franchise, or implied by the terms of this chapter or any other ordinance affecting the same, shall be deemed to include every employee, nominee or independent contractor of the grantee performing work in the city streets, or other city property, under contract direction, request or authority of the grantee under this franchise, and the grantee, its agent, employee or independent contractor, severally, shall be responsible to the city for any injury or damage to city property or the expense incurred or suffered by the city in correcting defects in work replacing city streets or other improvements damaged by the acts or neglect of such servants, agents or independent contractors of grantee. (Ord. 5532 § 2, 2004.)

14.20.230 Franchise fee.

To the extent authorized by applicable law, there may be imposed, as a condition of the grant of a franchise and in consideration therefor, a franchise fee. Amount of such fee shall be established by the city council and shall be consistent for all franchises granted to businesses falling within the same specific business classification.

A. Any payment that may be due shall be due 30 days past the close of the grantee’s calendar or tax quarter for which revenue was received or 30 days past the invoice date received from the city.

B. In the event that any franchise payment is not received by the city on or before the applicable date due, interest shall be charged from such date at the rate of 12 percent per annum, or the statutory rate for judgments, whichever is less.

C. In addition, if any payment due is not paid by the due date, the city shall add a penalty of five percent of the amount due; and if the payment is not received on or before the last day of the month following the due date, the city shall add a total penalty of 10 percent of the amount due; and if the payment is not received on or before the last day of the second month following the due date, the city shall add a total penalty of 20 percent of the amount due.

D. In the event a franchise is revoked or otherwise terminated prior to its expiration date, a grantee shall file with the city, within 90 days of the date of revocation or termination, all payments due.

E. Nothing in this chapter shall limit the city’s authority to tax a grantee, or to collect any fee or charge permitted by law, and no immunity from any such obligations shall attach to a grantee by virtue of this chapter.

No acceptance of any payment by the city shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable as a franchise fee, if applicable, or for the performance of any other obligation of the grantee. (Ord. 5532 § 2, 2004.)

14.20.240 Charge for administrative costs.

There may be imposed, in addition to a franchise fee, an annual charge for the administrative costs and expenses incurred by the city in supervision, inspection and examination of such work granted by the permit and done by the grantee or by an independent contractor under the franchise of the grantee. Should actual costs and expenses exceed the amount of such annual fee, the grantee shall be required to reimburse the city for such additional actual costs and expenses incurred by the city over and above the annual charge. Such annual charge shall be due and payable on or before the last day of the year of each successive year of the term of the franchise. Such charge shall be prorated on the number of months of the calendar year during which period the franchise is in effect. (Ord. 5532 § 2, 2004.)

14.20.250 Liquidated damages.

Because a grantee’s failure to comply with the provisions of this chapter and its franchise will result in damage to the city and because it will be impractical to determine the actual amount of such damages, the city and any grantee may agree upon and specify in a franchise certain amounts which represent both parties’ best estimate of the damages. (Ord. 5532 § 2, 2004.)

14.20.260 Civil penalties and additional relief.

A. Any person, and the officers, directors, managing agents, or partners of any grantee violating or failing to comply with any of the provisions of this title or any franchise issued pursuant thereto shall be subject to a civil penalty in the manner and to the extent provided for in Chapter 1.18 BCC. A monetary penalty in an amount not less than $100.00 nor more than $1,000 per day for each day of violation may be assessed and abatement required as provided therein.

B. In addition to any penalty which may be imposed by the city, any person violating or failing to comply with any of the provisions of this title or any franchise issued pursuant thereto shall be liable for any and all damage to city property or rights-of-way arising from such violation, including the cost of restoring the affected area to its condition prior to the violation.

C. Notwithstanding any other provision in this title, the city may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of this title or any franchise issued pursuant thereto when civil or criminal penalties are inadequate to effect compliance.

D. In addition to the penalties set forth in this section, violation of any provision of this title or any franchise issued pursuant thereto may also result in the revocation and termination of any franchise, permit, or other agreement or authorization. (Ord. 5532 § 2, 2004.)

14.20.270 Revocation and termination.

A. In addition to all other rights and powers retained by the city under this chapter and any franchise issued pursuant thereto, the city council reserves the right to revoke and terminate a franchise and all rights and privileges of a grantee in the event of a substantial violation or breach of its terms and conditions. A substantial violation or breach by a grantee shall include, but shall not be limited to, any of the following acts or omissions:

1. An uncured substantial violation of any material provision of this chapter or an uncured breach of any material provision of a franchise issued hereunder, or any material rule, order or regulation of the city made pursuant to its power to protect the public health, safety and welfare;

2. Any default in the performance of any of grantee’s material obligations under any other documents, agreements and other terms and provisions entered into by and between the city and the grantee;

3. An intentional evasion or knowing attempt to evade any material provision of a franchise or practice of any fraud or deceit upon the subscribers or upon the city;

4. Failure to begin or substantially complete any system construction or system extension as set forth in a franchise;

5. Failure to provide the services promised in the application or specified in a franchise, or a reasonable substitute therefor;

6. Any use or occupation of the right-of-way that presents a risk to public health or safety or the construction, installation, operation or maintenance of a system in an unsafe or dangerous manner;

7. The willful violation of any orders or rulings of any regulatory body having jurisdiction over grantee relative to the franchise;

8. Misrepresentation of material fact in the application for, or during negotiations relating to, a franchise;

9. A continuous and willful pattern of inadequate service or failure to respond to legitimate subscriber complaints;

10. Failure to provide insurance, bonds, letter of credit, or indemnity as required by a franchise or this chapter;

11. An uncured failure to pay franchise fees as required by the franchise agreement.

B. None of the foregoing shall constitute a substantial violation or breach if the grantee is without fault or if the violation or breach occurs as a result of circumstances beyond a grantee’s reasonable control. A grantee shall bear the burden of proof in establishing the existence of such circumstances. However, a grantee’s substantial violation or breach shall not be excused by economic hardship nor by nonfeasance or malfeasance of its directors, officers, employees, agents or contractors. (Ord. 5532 § 2, 2004.)

14.20.280 Procedures for termination.

A. Any franchise issued pursuant to this chapter may be terminated in accordance with the following procedures:

1. The city manager, or other person designated by the city manager, shall notify the grantee in writing of the exact nature of the alleged substantial violation or breach constituting a ground for termination. Said notice shall provide that the grantee shall have 60 days from the date of receipt of notice to correct and cure such alleged substantial violation or breach or to present facts and argument in refutation of the alleged substantial violation or breach. A copy of said notice of substantial violation or breach shall be mailed to the surety on any performance bond.

2. If a grantee corrects any alleged substantial violation or breach within the 60-day cure period, then in no event shall the violation be weighed against such grantee in any subsequent review of franchise performance.

3. If a grantee does not correct and cure the alleged substantial violation or breach within the 60-day cure period then the city council shall, within 45 days of the last day of the 60-day cure period, designate the hearing examiner as the hearing officer to conduct a public hearing to determine if the revocation and termination of the franchise is warranted and to make a recommendation to the city council. That recommendation shall be transmitted to the city council for final action on a closed record. The city council shall act as the final decisionmaker.

4. At least 20 days prior to the public hearing, the city clerk shall issue a public hearing notice and order that shall establish the issue(s) to be addressed in the public hearing; provide the time, date and location of the hearing; provide that the city shall hear any persons interested therein; and provide that the grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, to be represented by counsel and to question witnesses.

5. The hearing examiner shall hear testimony, take evidence, hear oral argument and receive written briefs. The hearing examiner shall create for the city council a complete record of the public hearing including all exhibits introduced at the hearing and an electronic sound recording.

6. The grantee carries the burden of proof and must demonstrate that a preponderance of the evidence supports the conclusion that there is not an uncured substantial violation or breach or that the substantial violation or breach is a result of circumstances beyond a grantee’s reasonable control.

7. Within 10 working days after the close of the record the hearing examiner shall issue a written decision that shall include the recommendation of the hearing examiner on the revocation and termination of the grantee’s franchise, findings of facts upon which the recommendation is based and the conclusions derived from those facts.

B. The city council shall, at a public meeting, consider and take final action on the recommendation of the hearing examiner. The city council shall not accept new information, written or oral, but shall consider the complete record developed before the hearing examiner and the recommendation of the hearing examiner.

C. At the public meeting the city council shall either:

1. Accept the recommendation of the hearing examiner; or

2. Reject the recommendation of the hearing examiner; or

3. Remand the decision to the hearing examiner and the director for an additional hearing limited to specific issues identified by the council.

D. The city council shall adopt an ordinance which accepts or rejects the recommendation of the hearing examiner by a majority vote of the membership of the council. If the action by the city council will result in the revocation and termination of a grantee’s franchise, then the ordinance shall declare that the franchise of such grantee shall be revoked and terminated, any security fund or bonds are forfeited, and shall include findings of fact and conclusions derived from those facts which support the decision of the council. The city council may by reference adopt some or all of the findings and conclusions of the hearing examiner. (Ord. 5532 § 2, 2004.)

14.20.290 Changes in provisions.

The city reserves for itself the right at any time upon a 48-hour written notice to the grantee to so change, amend, modify or amplify any of the provisions or conditions herein enumerated to conform to any state statute or city regulation relating to the public welfare, health, safety or highway regulation as may hereinafter be enacted, amended, adopted, changed, etc., and such franchise may be terminated at any time if same is not operated or maintained in accordance with its provisions, or at all. (Ord. 5532 § 2, 2004.)

14.20.300 Force majeure.

In the event the grantee’s performance of any of the terms and conditions or obligations required by this chapter is prevented by a cause or event not within the grantee’s control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof; provided, however, that shall not relieve a grantee from its general obligations required when interruptions in service occur. For the purpose of this section, causes or events not within the control of the grantee shall include without limitation acts of God, strikes, sabotage, riots or civil disturbances, restraints imposed by order of a governmental agency or court, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides, and fires, but shall not include financial inability of the grantee to perform or failure of the grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the grantee, or the failure of the grantee to secure supplies, services or equipment necessary for the installation, operation, maintenance or repair of the cable communications system where the grantee has failed to exercise reasonable diligence to secure such supplies, services or equipment. (Ord. 5532 § 2, 2004.)

Chapter 14.30
RIGHT-OF-WAY USE CODE

Sections:

14.30.010 Short title.

14.30.020 Purpose.

14.30.030 Territorial application.

14.30.040 Construction – Intent.

14.30.050 Definitions.

14.30.060 Powers of the director.

14.30.070 Permit requirements.

14.30.075 Additional permits.

14.30.080 Right-of-way use permits.

14.30.090 Applications and processing of permits.

14.30.100 Permit fees and charges.

14.30.110 Specifications.

14.30.120 Permit exception.

14.30.130 Revocation of permits.

14.30.140 Renewal of permits.

14.30.150 Assurance device/insurance.

14.30.160 Hold harmless.

14.30.170 Guarantee.

14.30.180 Inspections.

14.30.185 Relocation.

14.30.190 Correction and discontinuance of unsafe, nonconforming, or unauthorized conditions.

14.30.195 Shared use of excavations.

14.30.200 Warning and safety devices.

14.30.205 Construction notification signs.

14.30.210 Debris and spilled loads in the right-of-way.

14.30.220 Billings and collections.

14.30.230 Adoption of procedures.

14.30.240 Appeal of right-of-way use procedures, and related requirements.

14.30.250 Liability.

14.30.260 Violation – Penalty.

14.30.010 Short title.

This chapter is known as the right-of way use code. It is referred to as the “code.” (Ord. 3533 § 1, 1985.)

14.30.020 Purpose.

It is the purpose of this code to provide for the issuance of right-of-way use permits in order to regulate activities within the right-of-way in the city of Bellevue in the interest of public health, safety and welfare; and to provide for the fees, charges, warranties, and procedures required to administer the permit process. (Ord. 3533 § 1, 1985.)

14.30.030 Territorial application.

This code and the procedures adopted hereunder shall be in effect throughout the city of Bellevue. (Ord. 3533 § 1, 1985.)

14.30.040 Construction – Intent.

A. This code is enacted to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed for the accomplishment of these purposes.

B. It is expressly the purpose of this code and any procedures adopted hereunder to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code or any procedures adopted hereunder.

C. It is the specific intent of this code and any procedures adopted hereunder to place the obligation of complying with the requirements of this code upon the permittee, and no provision is intended to impose any duty upon the city of Bellevue, or any of its officers, employees or agents. Nothing contained in this code or any procedures adopted hereunder is intended to be or shall be construed to create or form the basis for liability on the part of the city of Bellevue, or its officers, employees or agents, for any injury or damage resulting from the failure of the permittee to comply with the provisions hereof, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code or any procedures adopted hereunder by the city of Bellevue, its officers, employees or agents. (Ord. 3533 § 1, 1985.)

14.30.050 Definitions.

The following words and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

A. “Citation and notice” means a written document initiating a criminal proceeding after an arrest and issued by an authorized peace officer, in accordance with the Justice Court Criminal Rules.

B. “City inspector” means the designated employee(s) of the department responsible for inspecting the installation of warning and safety devices in the public right-of-way and restoration of public rights-of-way disturbed by work.

C. “City” means the city of Bellevue, Washington.

D. “Complaint” means a written document certified by the prosecuting attorney initiating a crim-

inal proceeding in accordance with the Justice Court Criminal Rules.

E. “Department” means the transportation department or other department designated by the city manager.

F. “Directive memorandum” means a letter from the city to a right-of-way use permittee notifying the recipient of specific nonconforming or unsafe conditions and specifying the date by which corrective action must be taken.

G. “Director” means the director of the transportation department, or his/her designated representative, or other person designated by the city manager.

H. “Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the city including, but not limited to, damage to persons or property from natural or manmade consequences, such as storms, earthquakes, riots or wars.

I. “Franchised utilities” means utilities that have city approval to use city rights-of-way for the purpose of providing their services within the city, whether by written franchise granted by the city or otherwise.

J. “Nonprofit” means not for a monetary gain unless for charitable purposes.

K. “Notice of violation” means a document mailed to a permittee or unauthorized user and posted at the site of a nonconforming or unsafe condition.

L. “Oral directive” means a directive given orally by city personnel to correct or discontinue a specific condition.

M. “Permit” means a document issued by the city granting permission to engage in an activity not allowed without a permit.

N. “Permit center” means the central location for applying for permits.

O. “Person” means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers.

P. “Private use” means use of the public right-of-way for the benefit of a person, partnership, group, organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or equestrians.

Q. “Procedure” means a procedure adopted by the director to implement this code, or to carry out other responsibilities as may be required by this code or by other codes, ordinances, or resolutions of the city or other agencies.

R. “Right-of-way” means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways and horse trails, whether improved or unimproved, including the air rights, sub-surface rights and easements related thereto.

S. “Stop work notice” means a notice posted at the site of activity that requires all work to be stopped until the city approves continuation of work.

T. “Telecommunications carrier” means every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the city, used or to be used for the purpose of offering and providing telecommunications services.

U. “Telecommunications facilities” means the plant, equipment and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennas, electronics, poles, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.

V. “Telecommunications provider” means every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.

W. “Telecommunications service(s)” means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.

X. “Traffic engineering services division” means the traffic engineering services division of the transportation department or other city division designated by the city manager.

Y. “Underground location service” means the underground utilities location center that will locate all underground utilities prior to an excavation.

Z. “Unsafe condition” means any condition which the director determines is a hazard to health, or endangers the safe use of the right-of-way by the public, or does or may impair or impede the operation or functioning of any portion of the right-of-way, or which may cause damage thereto. (Ord. 5009 § 1, 1997; Ord. 3533 § 1, 1985.)

14.30.060 Powers of the director.

The director shall have the power to:

A. Administer the provisions of this code including but not limited to interpreting the code and issuing rules necessary for its administration. The director may correct errors and omissions and is authorized to adjust the amount of fees required by this code to be proportional to the scope of the work for which the permit is required.

B. Administer and coordinate the enforcement of this code and all procedures adopted hereunder relating to the use of rights-of-way.

C. Advise the city council, city manager and other city departments on matters relating to use of the right-of-way.

D. Carry out such other responsibilities as required by this code or other codes, ordinances, or procedures of the city.

E. Request the assistance of other city departments to administer and enforce this code.

F. Assign the responsibility for interpretation and application of specified procedures to the traffic engineering services division. (Ord. 5253 § 2, 2000; Ord. 5009 § 2, 1997; Ord. 3533 § 1, 1985.)

14.30.070 Permit requirements.

A. It is unlawful for anyone to make private use of any public right-of-way without first having obtained a right-of-way use permit issued by the city or to use any right-of-way without complying with all the provisions of such right-of-way use permit issued by the city; provided, that a right-of-way use permit shall not be required for any use or activity subject to and requiring a permit pursuant to the city’s special events policy permit process.

B. Any telecommunications carrier or provider who desires to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any right-of-way of the city for the purpose of providing telecommunications services shall first obtain authorization in the form of a telecommunications right-of-way use agreement authorizing the use of such right-of-way consistent with the requirements and conditions of such agreement.

C. General and specific permit requirements are defined in the procedures referenced in this code.

D. All permit applicants shall, before commencing any construction in city rights-of-way, comply with all requirements of Chapter 19.122 RCW, the one number locator service. (Ord. 5009 § 3, 1997; Ord. 3533 § 1, 1985.)

14.30.075 Additional permits.

Additional permits for any use may be required by other city codes. The city does not waive its right to use the right-of-way by issuance of any permit. (Ord. 3533 § 1, 1985.)

14.30.080 Right-of-way use permits.

The following types of right-of-way use permits are established:

A. Type A – Short-Term Nonprofit.

1. Type A permits may be issued for use of right-of-way for 24 or less continuous hours for nonprofit purposes which do not involve the significant physical disturbance of the right-of-way.

2. This type of use may involve disruption of pedestrian and vehicular traffic or access to private property and may require inspections, cleanup and police surveillance. For periods longer than 24 hours these uses will be considered type D, long-term and permanent. If any of these uses are for profit they are considered type B.

3. Type A permits include but are not limited to the following when for nonprofit purposes:

a. Assemblies;

b. Bike races;

c. Block parties;

d. Parades and processions;

Title 14TRANSPORTATION CODE

Chapter 14.02NAMES AND NUMBERS

14.02.010 Definitions.

14.02.020 Numbering of streets.

14.02.030 Numbering principles.

14.02.040 Prefixes and suffixes for boulevards.

14.02.050 Extensions to boulevards.

14.02.060 Naming new boulevards.

14.02.070 Naming existing streets.

14.02.080 Numbering houses required.

14.02.090 House numbering rules.

14.02.100 Title of chapter.

Chapter 14.06TREES, WEEDS AND VEGETATION

14.06.010 Duty of abutting owner to abate nuisance.

14.06.020 Penalty for noncompliance.

14.06.030 Enforcement.

14.06.040 Notice of abatement.

14.06.050 Abatement by city – Costs – Lien.

14.06.060 Obstruction of utility wires.

14.06.070 Reporting obstructions of utility lines – Permit for removal by utility.

14.06.080 Utility to post bond.

14.06.090 Provisions supplemental.

14.06.100 Destruction of trees, shrubs, plants prohibited.

Chapter 14.10TRAFFIC STANDARDS CODE

14.10.005 Purpose.

14.10.010 Definitions.

14.10.020 Application and administration.

14.10.030 Level-of-service standard.

14.10.040 Review of development proposals.

14.10.050 Methods of providing transportation improvements.

14.10.060 Mobility management area system intersections and map.

Chapter 14.20FRANCHISE TERMS AND CONDITIONS1

14.20.010 Scope of chapter.

14.20.020 Franchise as a contract.

14.20.030 Franchise term.

14.20.040 Franchise not exclusive.

14.20.050 Subject to authority.

14.20.060 Franchise applications – Contents.

14.20.070 Application fee.

14.20.080 Consideration of applications.

14.20.090 Franchise acceptance.

14.20.100 Franchise performance bond.

14.20.110 Legal acquisition by purchase or condemnation.

14.20.120 Rights of grantee.

14.20.130 Construction approval and inspection.

14.20.140 Time for start and completion of construction – Termination of franchise.

14.20.150 Relocation.

14.20.160 Transfer of ownership or control.

14.20.170 Successors to grantee.

14.20.180 Forfeiture of rights.

14.20.190 Assumption of liability.

14.20.200 Insurance.

14.20.210 Grantee to indemnify city.

14.20.220 Extent of grantee’s obligations.

14.20.230 Franchise fee.

14.20.240 Charge for administrative costs.

14.20.250 Liquidated damages.

14.20.260 Civil penalties and additional relief.

14.20.270 Revocation and termination.

14.20.280 Procedures for termination.

14.20.290 Changes in provisions.

14.20.300 Force majeure.

Chapter 14.30RIGHT-OF-WAY USE CODE

14.30.010 Short title.

14.30.020 Purpose.

14.30.030 Territorial application.

14.30.040 Construction – Intent.

14.30.050 Definitions.

14.30.060 Powers of the director.

14.30.070 Permit requirements.

14.30.075 Additional permits.

14.30.080 Right-of-way use permits.

Title 14
TRANSPORTATION CODE

Chapter 14.02
NAMES AND NUMBERS

Chapter 14.06
TREES, WEEDS AND VEGETATION

Chapter 14.10
TRAFFIC STANDARDS CODE

Chapter 14.20
FRANCHISE TERMS AND CONDITIONS¹

Chapter 14.30
RIGHT-OF-WAY USE CODE