Ritzville Council approves mural ordinance, legal service fees

The Ritzville City Council moved forward with adopted Ordinance 2107 regarding murals, and a fee agreement with Carpenter, McGuire and DeWulf for legal services, during the meeting on Wednesday, July 5.

The approval of the fee agreement with Carpenter, McGuire and DeWulf also includes the immediate transition of work from Mark DeWulf to John Kragt, who will now serve as the primary city attorney. The firm will provide services regarding general civil and related matters, as well as additional matter at the City’s request.

The fees for Carpenter, McGuire and DeWulf are based on an hourly rate, and not contingent on an event or outcome. The charges are for all time spent assisting the City with legal needs, including telephone conversations, personal conferences, strategy development and planning, document preparation and review, research, drafting, negotiating, court appearances and travel.

The contract states the hourly rates have been adjusted to reflect the change in economic conditions or the increasing expertise of the individual. Each attorney and legal assistant is assigned a hourly billing rate, which has now been adjusted to $175 an hour for all attorneys, and $75 an hour for all paralegal/legal assistants.

In addition to legal fees, the City will also be charged for in-house expenses, such as document preparation and photocopying, completed for the City. The contract states there might also be third-party expenses, which are the responsibility of the City.

Payment to Carpenter, McGuire and DeWulf from the City is due and payable within 30 days of invoice dates. Interest of 18 percent will be added to account balances not paid within 30 days of the invoice.

All legal fees and expenses more than 60 days past due will be considered delinquent, according to the contract. A delinquency or breach of agreement by the City will allow Carpenter, McGuire and DeWulf to begin collection procedures against the City.

The City or Carpenter, McGuire and DeWulf can terminate the contract at any time, and it will remain in effect until terminated by either party. The contract was signed and became effective on July 10.

Mayor Gary Cook noted Kragt will only be attending meetings on the request of the Council. The City is currently researching options for a prosecuting attorney, Cook explained.

The Council also approved an ordinance regarding the creation of murals within the city. The ordinance was created following inquires about utilizing building walls for murals to increase tourism and economic development.

The City of Ritzville Planning Commission reviewed and modified the ordinance and established requirement for murals within city limits.

The purpose of the murals is to create a sense of community and foster a connection for both tourists and residents. The City’s mural policy seeks to preserve historic murals already in existence and provide guidance for creation of new artwork.

The standards and guidelines include obtaining a permit prior to installation and have approval from the property owner.

Applications for murals cannot be for landmark registered properties, and not in districts listed on the Ritzville Historic District or the National Register of Historic Places without approval from the Planning/Historic Commission in a public meeting.

After installation, the maintenance of the mural is the responsibility of the property owner. Murals are not permitted to be placed directly on unpainted brick or stone, or wood sidings with surface detail.

Historic murals will be approved by the Planning/Historic Commission and new morals shall not be painted over historic murals, as defined by Ordinance 2043.

Any violation of the ordinance will be considered a civil infraction punishable by a fine up to $500. Each day of violation shall be considered a separate offense, and all murals painted without a permit shall be removed immediately at the property owner’s expense.

Public Works Director Larry Swift provided an update regarding the wells, and stated Well No. 9 had started and ran for an hour, but a noise started in the motor. Swift said a crew was returning to Ritzville on July 7 to determine the source of the noise and collect water samples.

Well No. 8 also had issues being worked on, but Swift estimated both wells could be operational within the next week.

Cook added the city was on the third rotation of rationing, by asking the city’s largest users to conserve and reduce the amount of water used for irrigation. Swift added while it has helped, the strain on the storage tank is felt daily when people are preparing for work and when they return home for the day.