ARTICLE XV.
MISCELLANEOUS

Sec. 15.1. Power to Subpoena Witnesses.

The Council shall have the power to enforce the attendance of witnesses and the production of all books, papers, documents and files, and to administer oaths in all matters relating to the administration of City affairs or business.

Sec. 15.2. Municipal Construction Plants.

The City shall have power to construct and acquire in any legal way, and to maintain and operate works, plants and facilities for the purpose of doing any and all municipal work by the direct employment of labor under the supervision of the City, and may use such works, plants and facilities and their product for the purpose of doing such municipal work of all kinds, and shall have the power to sell such product for use in the construction of municipal improvements of all kinds.

Sec. 15.3. Excavation or Structure upon Public Property.

No person or corporation shall construct any areaway, stairway, excavation or structure upon public property without a permit from the Council. Such structure shall conform to plans approved by the City Engineer and the owners shall be responsible for the safe condition of the structure.

Sec. 15.4. Claims Against the City.

All claims for damages or injuries against the City arising out of tortious conduct shall be presented in writing and filed with the Clerk. Such claims shall accurately state the time, place, source, nature and extent of the alleged damage or injuries and give the actual residence of the claimant by street and number at the date of presenting such claim and for six (6) months immediately prior to the time of such claim for damages accrued, and shall be verified by affidavit of the claimant or such other person as may be authorized by law to verify such claims to the effect that the same is true. No action shall be commenced against the City for damages arising out of tortious conduct until a claim has been presented to and filed with the Clerk. The omission to present any such claim shall be a bar to any action against the City for the claim. The requirements to file a claim shall not affect the applicable period of limitations within which an action must be commenced, but such period of limitations shall begin and shall continue to run as if no claim were required. Neither the Council, nor any department, board, officer, or authority, shall allow, make valid, or in any manner recognize any demand against the City which was not at the time of its creation a valid claim against the City; nor shall they or any of them ever allow or authorize to be paid any demand which without such action, would be invalid or which shall have been barred by any statute of limitations or for which the City was never liable; and any such action shall be null and void. (Amended 11-2-82)

Sec. 15.5. Police.

No person shall be appointed as a regular or special police officer of the City without approval by the Council at its next meeting after the date of such appointment, which appointment shall be published in the City official newspaper.

Sec. 15.6. Codification of Ordinances.

As soon as can reasonably be done after the close of each calendar year, the Mayor shall cause all general ordinances in force at the end of the year to be codified and, together with this charter, and any amendments, to be published as provided by ordinance.

Sec. 15.7. Retirement and Disability Pension.

The adoption of this charter shall not prejudice or alter any retirement or disability pension system or rights for officers and employees of the City, and the Council shall continue to be authorized to adopt a retirement and disability pension system provided by state law.

Sec. 15.8. Sale or Lease of Property.

In addition to the powers accorded the City under the laws and constitution of the state of Washington with respect to the ownership and disposition of property, the Council may by ordinance provide regulation for the sale or lease of City property. (Ord. 2924-06 § 18, 2006: amended 11-5-96; amended 11-7-78)

Sec. 15.9. Gender References, Correction of Scrivener’s Errors.

The City Clerk and the codifiers of this charter are authorized to make necessary corrections to this charter including, but not limited to, deletion of the use of terms which are masculine or feminine so that such references shall apply to the opposite gender also, unless the context of such charter provision shall require otherwise, the correction of scrivener, clerical and typographical errors, references, charter numbering, section/subsection numbers and references. The City Clerk and the codifiers of this charter are also authorized to make corrections to this charter to eliminate out-of-date language such as “hereof,” “heretofore,” “thereof” and similar terms, and replace them with equivalent, modern language. (Ord. 3502-16 § 4, 2016: Ord. 2924-06 § 19, 2006: amended 11-7-78)

Sec. 15.10. Appointments.

Appointments to City boards, commissions and committees should consider factors such as geography, gender, ethnicity and age in an effort to better reflect the City’s diversity. (Ord. 3502-16 § 5, 2016)