HomeMy WebLinkAboutCity Council Meeting - Council - Agenda - 12/05/2000 C4" e J
• CITY J
Jim White, Mayor
fNyICTA
KENT CITY COUNCIL
SPECIAL MEETING
December 5, 2000
5 : 00 p.m.
Council Chambers
Call to Order
Roll Call
1 . Filing a Petition for Injunctive Relief
on Initiative 722
2 . 2001 Property Tax Levy - Ordinance
3 . Ratification of Existing Rates and Fees -
ordinance
Adjournment
220 4th.AVE.SO.. /KENT.WASHINGTON 99012-5895/TELEPHONE (253);,`_u-5_00
IKON#1 Kent City Council Meeting
Date December 5, 2000
Category Other Business
1. SUBJECT: Injunctive Relief Regarding Initiative Measure No. 722—Authorization to Join
2. SUMMARY STATEMENT: Initiative Measure No. 722, approved by the voters on November
7, 2000, and effective December 7, 2000, purports to make null and void "any tax increase
adopted by the state from July 2, 1999, through December 31, 1999." A number of cities,
counties, special districts, non-profit, and individual taxpayers challenged Initiative 722 in a
consolidated Thurston County Superior Court action seeking an injunction against
implementation and enforcement of I-722 until its constitutionality could be determined. On
November 30, 2000, the court granted this injunctive relief only in favor of these parties.
Authorization is sought for the Mayor, or his designee, upon additional review, to join and
intervene, if deemed in the City's best interest, in the pending Thurston County action and
petition for an injunction against implementation and enforcement of I-722.
3. EXHIBITS: Memorandum from AWC Executive Director.
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCALIPERSONNEL IMPACT: NO X YES
6. EXPENDITURES REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION: n,
Councilmember�move4Councilmember seconde-°`"
�p Xuthoriz&g the Mayor, or his designee, upon additional review by staff, to join and intervene, if
deemed in the City's best interest, in the pending Thurston County action and filing a petition for
an injunction against implementation and enforcement of 1-722.
DISCUSSION: -
ACTION: m C
Council Agenda
Item No.
URGENT I-722 UPDATE
December 1,2000
TO: City Officials
FROM: Stan Finkelstein, AWC Executive Director
Yesterday in Thurston County Superior Court, Judge Christine Pomeroy issued a
preliminary injunction against implementing and enforcing I-722. As we cautioned in
previous I-722 communications, the injunction only binds the parties to the case. The
parties are Burien, Bainbridge Island, Richland, Olympia, Seattle, Des Moines,
Newcastle, Pasco, Carnation and King, Kitsap, Whitman and Pierce counties.
The Department of Revenue (DOR) expects to issue an advisory notice to county
assessors on Monday. We are hopeful that the department will recommend that all
county assessors delay implementation of the property tax provisions of I-722 in order to
avoid uniformity problems throughout the state.
DOR has determined that local taxes administered by the department are subject to the
preliminary injunction. Thus, pending the outcome of the case, the department will
continue to collect any local sales taxes or hotel/motel taxes that were enacted or
increased between July 2, 1999, and December 31, 1999, regardless of whether the local
jurisdiction imposing the tax is a party to the case.
However,DOR has determined that the preliminary injunction clearly does not
apply to local taxes and fees administered by any local jurisdiction that is not a
party to the case.
If you have not reenacted tax and fee increases that are subject to I-722,you should
do so immediately, preferably before the December 7 effective date. Otherwise,you
may have no continuing authority to impose tax or fee increases.
You also should strongly consider filing a complaint and motion to intervene in this
action, so that you are covered by the preliminary injunction.
If you have a regularly scheduled council meeting next week, you can add this as an
agenda item. If you don't have a meeting scheduled, you can call a special meeting
provided that you supply 24-hour notice to all council members and all media who have
requested notice.
Even if you can't meet the December 7 deadline, it is critical that you reenact your taxes
and/or intervene in the lawsuit as soon as possible.
If you have ANY questions, call Ron Rosenbloom or Sheila Gall at AWC, 360-753-4137
or email them at ron.rosenbloom(@,awc.oen.wa.us or
shei1a.sa11(@,awc.gen.wa.us
cou ,rtLhouse ournal
W W W W -A C �' .0 �U :1V , I E :S : 0 R G : � K,
Washington State Association of Counties
Washington Association of County Officials
December_1, 2000 i
Issue No. 31 `
Inside the'
Courthouse I-722 Injunction Issued
Journal ,
• • • 2 • • hursday,November 30,Thurston whom. The long and short of it is that we have
Hague Announces County Superior Court Judge several cities,four counties,various special dis-
NACo Steering TChristine Pomeroy granted an in- tricts,nonprofits,and individual taxpayers chal-
Committee junction barring implementation of Initiative lenging Initiative 722 and asking for implemen-
Appointments 722 for the named parties. The order applies to tation to be delayed. The Attomey General's
the Department of Revenue(DOR),King Office is defending I-722 and Tim Eyman and
Blue Ribbon County,Kitsap County,Whitman County and Permanent Offense are also parties defending
Commission on Pierce County. The hearing on the substantive the Initiative. It appears that the position of the
Transportation Adopts arguments has been scheduled for February 23, Attorney General is that they do not have any
Recommendations 2001. strong objections to an injunction on the refund
On Monday, November 27,Judge McPhee provision and the valuation limit provisions as
• • • 3 • • • was supposed to hear the request for injunction long as the hearing on the merits of the case is
Department of Ecology on implementation of Initiative 722. The hear- scheduled in the near future. They argued that
Adopts Shoreline Rules ing was rescheduled for Thursday morning be- the levy limit(106%reduction to 102%)should
fore Judge Pomeroy.This was the date on not be delayed. Eyman's position is that a stay
Congress Passes Two which Tim Eyman and Permanent Offense were on the refund is ok,but no stay is necessary on
New Laws Pertinent to scheduled to have a hearing on whether they the rest and that government officials should
Public Health would be allowed to join the lawsuit and to immediately implement I-722,because it is go-
have their"Motion for Change of Judge"con- ing to be upheld by the courts as being constitu-
• • • 5 • • • sidered. Their request was granted earlier this tional and local government must quit dragging
News In Brief week without any hearing, their feet. Obviously,those challenging I-722
Since last week's Courthouse Journal,sev- feel they have a very good case that it has sev-
eral additional jurisdictions indicated a desire to eral constitutional flaws,and they don't want to
join in the legal challenge. Pierce County Ex- see any further revenue losses. The county as-
ecutive Doug Sutherland(newly elected Com- sessors/treasurers do not want to have to expend
missioner of Public Lands)announced that the funds to begin the implementation of I-722
Pierce County was going to request to be al- refunds and value changes and then have to
lowed to participate in the challenge of I-722. spend additional funds to reverse what work
So has the City of Richland. Earlier this week, had been done to implement I-722 if it is de-
the City of Spokane filed suit against the Spo- clared unconstitutional.
1 kane County Assessor. It is our understanding WACO has asked DOR to issue an order to
Final that Spokane County is going to try to follow direct all assessors to delay implementation of
the lead of King and Kitsap whereby both par- I-722 to avoid non-uniform application state-
ties stipulated that the case be transferred to wide. Additional counties are also considering
Election
Thurston County and consolidated with the joining the lawsuit.
Results other challengers. Wednesday,Whitman
County requested to join the suit as well. CORRECTION
See story page 5, At the court hearing in Thurston County, The November 21,2000 Courthouse Journal
results attached all the various parties were represented by their listed a WSAC Legislative Steering Committee
attorneys. At this stage,there are so many peo- meeting on March 23,2001. There is no Steer-
pie involved;it is almost necessary to have a ing Committee meeting on that day.
program to keep track of who is representing
IKON#1 Kent City Council Meeting
Date December 5, 2000
Category Other Business
1. SUBJECT: 2001 Property Tax Levy Ordinance—Adoption
2. SUMMARY STATEMENT: The proposed ordinance would establish the 2001 tax levy and
would authorize a 2.61% increase for inflation in the 2000 levy of property taxes for collection in
the year 2001 in addition to increases resulting from the addition of new construction and
improvements to property, and any increase in the value of state-assessed property, the refund
fund levy, and annexed properties.
After public hearings on September 19, 2000, and November 21, 2000, the City Council
determined for the 2001 budget year to reduce the City's property tax levy rate approximately
4.3% by limiting the property tax increase to 2.61% for inflation, in addition to the increase
resulting from the addition of new construction and improvements to property, and any increase
in the value of state-assessed property, the refund fund levy, and annexed properties.
3. EXHIBITS: Ordinance
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURES REQUIRED: S
SOURCE OF FUNDS:
7. CITY COUNCIL
rr�� ,ACTION:
Councilmember 1�'�oves, Councilmember V seconds
a ego
Adoption of Ordinance No. 35-11 establishing the 2001 tax levy and authorizing a /o
increase in the 2000 levy of property taxes for collection in the year 2001.
DISCUSSION: LAO
ACTION: li
Council Agenda
Item No. a
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, establishing the 2001 tax levy and
authorizing a 2.61% increase in the 2000 levy of property
taxes for collection in the year 2001 in addition to increases
resulting from the addition of new construction and
improvements to property, and any increase in the value of
state-assessed property, the refund fund levy, and annexed
properties.
WHEREAS, pursuant to RCW 84.55.120 and after providing all
appropriate notice, the City Council held a public hearing on September 19, 2000, to
consider the City of Kent's proposed operating and capital budget for the 2001 calendar
year, and held a public hearing on November 21, 2000, to address the City's 2000 property
tax levy, revenues and limit factors, as well as the proposed 2001 budget; and
WHEREAS, after these hearings, and after duly considering all relevant
evidence and testimony presented, the City Council determined for the 2001 budget year
to reduce the City's property tax levy rate approximately 4.3%by limiting the property tax
increase to 2.61% for inflation, as measured by the implicit price deflator ("IPD"), as
defined by Referendum 47, over the 1999 regular property tax levy, in addition to the
increase resulting from the addition of new construction and improvements to property,and
any increase in the value of state-assessed property, the refund fund levy, and annexed
properties; and
1 Tax Levy-2001
WHEREAS, to best preserve the public health, safety and welfare, to
appropriately discharge the expected expenses and obligations of the City, and to best serve
the citizens of Kent through a continued commitment to capital improvements throughout
the City, the regular property tax levy—in addition to the increase resulting from the
addition of new construction and improvements to property, and any increase in the value
of state-assessed property, the refund fund levy, and annexed properties—should be
established at the previous year's property tax levy, plus a 2.61 % increase for inflation;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals Incorporated. The City Council finds that the
foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. Property Tax Lew Established. In addition to the increase
resulting from the addition of new construction and improvements to property, annexations
and any increase in the value of state-assessed property, the refund fund levy, and annexed
properties, the 2000 regular property tax levy for 2001 budget is established at the previous
year's property tax, plus inflation as measured by the implicit price deflator("MD"). This
2000 levy includes a 2.61% increase for IPD, or$493,226 from the 1999 actual property
tax levy. Based on increases in total average property valuation, however, the total 2000
property tax levy rate amount constitutes an estimated 4.3%decrease in the total property
tax levy rate.
SECTION 3. Lam. There is hereby levied against the property in the City
of Kent, Washington, an assessed value for the City's 2001 municipal tax in the following
amounts for the following funds:
2 Tax Levy-2001
A. For the General Fund, for the purpose of paying the general expenses of municipal
government:
Levy per$1,000 of
assessed valuation
Fund (estimated) Amount
General Fund 2.794 $19,935,392.00
B. For Voted Bond Interest and Redemption Fund, for the purpose of paying debt
service in the following amounts for the following funds:
Levy per $1,000 of
assessed valuation
Fund (estimated) Amount
General Obligation Refunding .2383 $1,700,000.00
SECTION 4. Limitation on Lew. The application of the general fund levy
shall be consistent with and not result in a tax levy in excess of the limitation imposed by
RCW 84.55.010 and State Referendum 47, as passed by the voters in the November 1997
General Election.
SECTION S. Aduustments. Administration shall administer the Annual
Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120.
SECTION 6. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 7. Effective Date. This Ordinance shall take effect and be in
force five(5) days from and after its passage, approval, and publication as provided by law.
JIM WHITE, MAYOR
3 Tax Levy-2001
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 12000.
APPROVED: day of , 2000.
PUBLISHED: day of 2000.
I hereby certify that this is a true copy of Ordinance No. , passed by the
City Council of the City of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P'\Ctv&0rdinance\TaxAdj2007 inflation..doc
4 Tax Levy-2001
IKON#1 Kent City Council Meeting
Date December 5, 2000
Category Other Business
1. SUBJECT: Tax Re-enactment Ordinance—Adoption
2. SUMMARY STATEMENT: Initiative Measure No. 722, approved by the voters on November
7, 2000, and effective December 7, 2000, purports to make null and void "any tax increase
adopted by the state from July 2, 1999, through December 31, 1999," which may include the
taxes established by Ordinance Nos. 3489, 3493, and 3494. The proposed ordinance readopts,
reenacts, ratifies, and confirms in all respects, effective as of the effective date of the taxes as set
forth in their respective ordinances, as if in full force and effect from the date of original
enactment, including any subsequent amendments.
3. EXHIBITS: Ordinance and exhibits referenced therein.
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURES REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember hmoves, Councilmember �econds
Adoption of Ordinance No. 3533 readopting, reenacting, ratifying, and confirming in all
respects, the taxes established in Ordinance Nos. 3489, 3493, and 3494, effective as of the
effective date of the taxes as set forth in their respective ordinances, as if in full force and effect
from the date of original enactment, including any subsequent amendments.
DISCUSSION: W
11
ACTION: W n
Council Agenda
Item No. 3 r
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, readopting, re-enacting, ratifying and
confirming taxes established by Ordinance Nos. 3489, 3493,
and 3494.
WHEREAS, the City Council of the City of Kent, by the following
ordinances, established certain taxes in the amounts set forth on said ordinances:
Ordinance No. 3489, relating to utility tax rates, adopted on November 16, 1999;
Ordinance No. 3493, relating to the 2000 tax levy, adopted on November 23, 1999; and
Ordinance No. 3494,relating to the tax levy protected, adopted on November 23, 1999; and
WHEREAS, Initiative Measure No. 722, approved by the voters of
Washington on November 7,2000, and effective December 7,2000,purports to make null
and void"any tax increase adopted by the state from July 2, 1999, through December 31,
1999,"which may include the taxes established by Ordinance Nos. 3489, 3493, and 3494;
and
WHEREAS, this ordinance is needed in order to ensure that the taxes
established by Ordinance Nos. 3489, 3493, and 3494 are effective as of the effective date
of said taxes as originally established by said ordinances, including any subsequent
amendments thereto, if any;NOW THEREFORE,
1 Tax Re-enactment
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The taxes established by Ordinance Nos. 3489, 3493, and
3494, a true and copy of which are attached hereto as Exhibit"A"and incorporated herein
by this reference, are hereby readopted, reenacted,ratified, and confirmed in all respects,
effective as of the effective date of said taxes as set forth in their respective ordinances, as
if in full force and effect from the date of original enactment, including any subsequent
amendments thereto, if any.
SECTION 2. The taxes established by Ordinance Nos. 3489, 3493, and
3494, attached hereto as Exhibit"A,"are hereby adopted and enacted as originally adopted
and enacted by said ordinances, including any subsequent amendments thereto, if any.
SECTION 3. The City's Chief Administrative Officer is hereby authorized
and directed to implement such administrative procedures as may be necessary to carry out
the intent of this ordinance.
SECTION 4. Severability. If any section, sentence,clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
SECTION S. Effective Date. This emergency ordinance shall take effec
and be in force five(5) days from and after passage and publication as provided by law.
JIM WHITE,MAYOR
2 Tax Re-enactmen
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
PASSED: day of 72000.
APPROVED: day of , 2000.
PUBLISHED: day of 12000.
I hereby certify that this is a true copy of Ordinance No. ,passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
P:\CmMOrdm ce\TatReaucm t.&c
3 Tax Re-enactmen
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending section 3.18.020 of the
Kent City Code relating to an interim tax for street
improvements.
THE CITY COUNCIL OF THE. CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.18.020 of the Kent City Code is hereby amended
as follows:
Sec.3.18.020. Certain utilities subject to tax.
A. In addition to the other business and license fees required by the ordinances of the
city, there is hereby levied upon all persons (including the city) engaged in certain
business activities a utilities tax to be collected as follows:
1. Upon every person engaging in or carrying on any telephone business
within the city, an annual tax equal to three and one-half(3 1/2)percent of the total gross
operating revenues,including revenues from intrastate toll,derived from the operation of
such business within the city. In addition, there shall also be assessed an inter-i tax of
three-tenths(0.3)percent,which revenue from said int tax shall be dedicated to youth
teen programs, plus an interim tax of one (1.0) percent effective until 11:59 p.m. on
December 31,2-0062007,which revenue from said interim tax shall be dedicated to street
improvement programs. Gross operating revenues for this purpose shall not include
charges which are passed on to the subscribers by a telephone company pursuant to tariffs
required by regulatory order to compensate for the cost to the company of the tax imposed
by this chapter.
1 Utility Tax
EXHIBIT
ieftl
2. Upon every person engaging in or carrying on a business of selling,
firrnishing, distributing, or producing gaseous gas for commercial or domestic use or
purposes,a fee or tax equal to three and one-half(3 1/2)percent of the total gross income
from such business in the city during the tax year for which the license is required. In
addition,there shall also be assessed an kiter-im tax of three-tenths (0.3) percent, which
revenue from said inter tax shall be dedicated to youth teen programs,plus an interim
tax of one (1.0),percent effective until 11:59 p.m. on December 31, 28862007, which
revenue from said interim tax shall be dedicated to street improvement programs.
3. Upon every person engaged in or carrying on the business of selling,
furnishing,or distributing electricity for light and power, a fee or tax equal to three and
one-half(3 1/2)percent of the total gross income from such business in the city during the
tax year for which a license is required. In addition, there shall also be assessed an
inert tax of three-tenths (0.3)percent, which revenue from said iiffi tax shall be
dedicated to youth teen programs,plus an interim tax of one (1.0)percent effective until
11:59 p.m. on December 31, 20062007, which revenue from said interim tax shall be
dedicated to street improvement programs.
4. Upon every person engaging in or carrying on a business providing
garbage service, a tax equal to six and one-half(6 1/2)percent of the total gross income
from such business in the city during the tax year for which the license is required. In
addition,there shall also be assessed an kiter-im tax of three-tenths (0.3)percent,which
revenue from said ins tax shall be dedicated to youth teen programs, plus an interim
tax of one (1.0) percent effective until 11:59 p.m, on December 31, 29002007, which
revenue from said interim tax shall be dedicated to street improvement programs.
5. Upon every person (including the city) engaging in or carrying on the
business of selling, furnishing or distributing water, sewer or drainage services, a tax
equal to three and one-half(3 1/2)percent of the total gross income from such business
in the city during the tax year. In addition,there shall also be assessed an interim tax of
three-tenths(0.3)percent,which revenue from said inteFim tax shall be dedicated to youth
2 Utility Tax
EXHIBIT
2 t� 11
teen programs, plus an interim tax of one (1.0) percent effective until 11:59 p.m, on
December 31,2G9Q007,which revenue from said interim tax shall be dedicated to street
improvement programs.
B. In computing the tax provided in subsection (A), the taxpayer may deduct from
gross income, the following items:
1. The actual amount of credit losses and uncollectibles sustained by the
taxpayer.
2. Amounts derived from the transactions in interstate and foreign commerce
which the city is prohibited from taxing under the laws and constitution of the United
States.
SECTION 2. Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this ordinance and the same shall remain
in full force and effect.
SECTION 3. -EEective Date. This ordinance shall take effect and be in
force thirty(30)days from and after the date of passage and publication as provided by
law. A.
JIIW�hlft,MAYOR
ATTEST:
ZL—,42e,�
a Lem
BRENDA JACOB R CITY CLERK
3 Utility Tax
EXHIBIT„ A
3 of tl
APPROVED AS TO FORM:
'RbdER A. LUBOVICH,CITY A RNEY
PASSED: A' day of , 1999.
APPROVED: 17 day of �-� , 1999.
PUBLISHED: /f day of �"'�`�� , 1999.
I hereby certify that this is a true copy of Ordinance No. ,passed
by the City Council of the City of Kent,Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
2'�s�ALj
BRENDA JACOB R CITY CLERK
r:�c��aaam,=e.uwayTu.a=
4 Utility Tax
EXHIBIT
q
ORDINANCE NO. 3 Lf? 3
AN ORDINANCRof the City Council of the City of
Kent, Washington, establishing the 2000 tax levy and
authorizing no increase in year 2000 property tax revenues
over the 1999 highest allowable property tax revenues and no
increase for inflation.
WHEREAS, pursuant to RCW 84.55.120 and after providing all
appropriate notice, the City Council held a public hearing on November 16, 1999, to
consider the City of Kent's current expense budget for the 2000 calendar year,and held a
separate meeting on November 23, 1999, at a special City Council meeting to address the
City's 2000 property tax levy, revenues and limit factors; and
WHEREAS, after these hearings, and after duly considering all relevant
evidence and testimony presented, the City Council determined for the 2000 budget year
to reduce the City's property tax levy rate approximately 1.1%by establishing no property
tax rate increase for inflation, and by establishing no property tax revenue increase over the
1999 highest allowable property tax revenue,in addition to the increase resulting from the
addition of new construction and improvements to property, and any increase in the value
of state-assessed property and the refund fund levy; and
WHEREAS, to best preserve the public health, safety and welfare, to
appropriately discharge the expected expenses and obligations of the City,and to best serve
the citizens of Kent through a continued commitment to capital improvements throughout
the City, the regular property tax levy—in addition to the increase resulting from the
addition of new construction and improvements to property, and any increase in the value
1 Tax Levy-2000
EXHIBIT
� or
of state-assessed property and the refund fund levy—should be established at the previous
year's highest allowable property tax revenues, plus a zero percent (00/6) increase for
inflation;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Recitals Incorporated, The City Council finds that the
foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. Property Tax Levy Rate and Maximum Allowable Revenue
Established. In addition to the increase resulting from the addition of new construction and
improvements to property, annexations and any increase in the value of state-assessed
property and the refund fund levy,the regular property tax levy for 2000 is established at
the previous year's highest allowable levy. This 2000 levy includes no additional increase
for inflation. Because the City did not assess the fully authorized amount of the 1999 tax
levy, the 2000 property tax revenue will increase$1,021,124, a 5.95% increase from the
1999 actual property tax revenue. Based on increases in total average property valuation,
however, the total 2000 property tax revenue amount constitutes an estimated 1.1%
decrease in the total property tax levy rate.
SECTION 3. Levy. There is hereby levied against the property in the City
of Kent,Washington, an assessed value for the Citys 2000 municipal tax in the following
amounts for the following funds:
A. For the General Fund,for the purpose of paying the general expenses of municipal
government:
Levy per$1,000 of
assessed valuation
Fund (estimated) Amount
General Fund 2.921 $18,897,553.00
2 Tax Levy-2000
EXHIBIT
y of 1
B. For Voted Bond Interest and Redemption Fund, for the purpose of paying debt
service in the following amounts for the following funds:
Levy per$1,000 of
assessed valuation
Fund (estimated) Amount
Senior Housing .0544 $ 352,440.00
General Obligation Refunding .2285 $1,478,353.00
SECTION 4. Limitation on Lew. The application of the general fund levy
shall be consistent with and not result in a tax revenue in excess of the limitation imposed
by RC W 84.55.010 and State Referendum 47, as passed by the voters in the November
1997 General Election.
SECTION 5. Adjustments. Administration shall administer the Annual
Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120.
SECTION 6. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 7. Effective Date. This Ordinance shall take effect and be in
force five(5)days from and after its passage,approval,and publication as provided by law.
� r
J WHITE(MAYOR
3 Tax Levy-2000
UNIT
1 ri
ATTEST:
BRENDA JACOB , TY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH,CITY ATTORNEY
PASSED: a3 day of , 1999.
APPROVED: a `f day of , 1999.
PUBLISHED:�_day of , 1999.
I hereby certify that this is a true copy of Ordinance No. 3V 93 ', passed by the
City Council of the City of Kent, Washington, and approved by the Mayor of the City of
Kent as hereon indicated.
ate✓ (SEAL)
BRENDA JA R, CITY CLERK
P:\CivrMrdu+ancATUAEj2000iu4a ioo.0µiniW.doe
4 Tax Levy-2000
E.Ymar
8a� r1 .
ORDINANCE NO. 3 q 9 q
AN ORDINANCE of the City Council of the City of
Kent, Washington, authorizing a one hundred six percent
(106%)property tax levy limit factor for 2000 to protect the
City's future property tax levy capacity.
WHEREAS,pursuant to RCW 84.55.120 and after providing all appropriate
notice,the City Council held a public hearing on November 16, 1999,to consider the City
of Kent's current expense budget for the 2000 calendar year, and held a separate meeting
on November 23, 1999, at a special City Council meeting to address the City's 2000
property tax levy, revenues and limit factors; and
WHEREAS, upon a finding of a "substantial need" and the vote of a
majority plus one of the council, the City can adopt an ordinance protecting its future tax
levy capacity; and
WHEREAS,to best preserve the public health, safety and welfare, to best
protect the City's future property tax levy capacity, to best serve the citizens of Kent by
maintaining an appropriate level of service throughout the City,to appropriately discharge
the City's expected expenses and obligations,and to best serve the citizens of Kent through
a continued commitment to capital improvements throughout the City, a substantial need
exists to protect the City's future property tax levy capacity by authorizing a tax levy limit
factor,pursuant to RCW 84.55.0101, of one hundred six percent(106%); and
1 Tax Levy-Protecte
EXHIBIT
WHEREAS,the purpose of this ordinance is to protect tax levy capacity;.it
does not increase property taxes,NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the foregoing recitals
are incorporated as if fully set forth in the body of this ordinance;
SECTION 2. Property Tax Levy Limit Factor Authorized. Based on the
foregoing findings that a substantial need exists to increase the regular property tax levy
limit factor and to best protect the City's future property tax levy capacity,in addition to
the increase resulting from the addition of new construction and improvements to property,
annexations and any increase in the value of state-assessed property and the refund fund
levy, the regular property tax levy limit factor for 2000 is authorized to one hundred six
percent(106%),which would allow a six percent (6%)increase from the previous year's
highest allowable property tax levy.
SECTION3. Severability. If any section, sentence,clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
SECTION 4. Effective Date. This ordinance shall take effect and be in
force five(5)days from and after the date of publication of this ordinance.
R E,M YOR
2 Tax Levy-Protecte
EXHIBIT
fod�7
ATTEST:
BRENDA JACOB TY•CLERK
APPROVED AS TO FORM:
OGER A. LUBOVICH, CITY ATTORNEY
PASSED: a3 day of 1999.
APPROVED: o?t/ day of , 1999.
PUBLISHED: A7 day of , 1999.
I hereby certify that this is a true copy of Ordinance No. "It,passed by
the City Council of the City of Kent,Washington, and approved by the Mayor of the City
of Kent as hereon indicated.
Q — (SEAL)
BRENDA'JACOB ITY CLERK
P:ZwM0rdmwwATukvy Wti[6d 2 W.OpioM.&C
3 Tax Levy-Protected
EXHIBIT
it 0�tl
IKON#1 Kent City Council Meeting
Date December 5, 2000
Category Other Business
1. SUBJECT: Rate Re-enactment Ordinance—Adoption
2. SUMMARY STATEMENT: Initiative Measure No. 722, approved by the voters on November
7, 2000, and effective December 7, 2000, purports to make null and void "any tax increase
adopted by the state from July 2, 1999, through December 31, 1999," which may include the
rates and fees established by Ordinance Nos. 3471, 3486, 3487, 3488, 3490, 3491, and 3499.
The proposed ordinance readopts, reenacts, ratifies, and confirms in all respects, effective as of
the effective date of the rates and fees as set forth in their respective ordinances, as if in full force
and effect from the date of original enactment, including any subsequent amendments.
3. EXHIBITS: Ordinance and exhibits referenced therein.
4. RECOMMENDED BY: Staff
(Committee, Staff, Examiner, Commission, etc.)
5. UNBUDGETED FISCAL/PERSONNEL IMPACT: NO X YES
6. EXPENDITURES REQUIRED: $
SOURCE OF FUNDS:
7. CITY COUNCIL ACTION:
Councilmember moves, Councilmember seconds
Adoption of Ordinance No. 3537 readopting, reenacting, ratifying, and confirming in all
respects, the rates and fees established in Ordinance Nos. 3471, 3486, 3487, 3488, 3490, 3491,
and 3499, effective as of the effective date of the rates and fees as set forth in their respective
ordinances, as if in full force and effect from the date of original enactment, including any
subsequent amendments.
DISCUSSION: W/ e
ACTION:
v
Council Agenda
Item No. 31;
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Kent, Washington, readopting, re-enacting, ratifying and
confirming rates and fees established by Ordinance Nos.
3471, 3486, 3487, 3488, 3490, 3491, and 3499.
WHEREAS, the City Council of the City of Kent, by the following
ordinances, established certain rates and fees in the amounts set forth on said ordinances:
Ordinance No. 3471,relating to street use permits, adopted on August 17, 1999; Ordinance
No. 3486,relating to water rate fees, adopted on November 16, 1999; Ordinance No. 3488,
relating to storm water charges, adopted on November 16, 1999; Ordinance No. 3490,
relating to improvement plan approval and inspection fees, adopted on November 16,
1999; and Ordinance No. 3491,relating to fireworks fees,adopted on November 16, 1999;
and
WHEREAS, The City Council adopted a schedule of fees set forth and
incorporated in the year 2000 preliminary and final budget documents adopted by
Ordinance No. 3499 on December 14, 1999; and
WHEREAS, Initiative Measure No. 722, approved by the voters o
Washington on November 7,2000, and effective December 7,2000,purports to make null
and void"any tax increase adopted by the state from July 2, 1999, through December 31,
1 Rate Re-enactmen
1999,"which may include the rates and fees established by Ordinance Nos. 3471, 3486,
3487, 3488, 3490, 3491, and 3499; and
WHEREAS,this ordinance is needed in order to ensure that the rates and
fees established by Ordinance Nos. 3471, 3486, 3487, 3488, 3490, 3491, and 3499 are
effective as of the effective date of said rates and fees as originally established by said
ordinances, including any subsequent amendments thereto, if any;NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The rates and fees established by Ordinance Nos. 3471,
3486, 3487,3488, 3490, and 3491, a true and correct copy of which are attached hereto as
Exhibit "A" and incorporated herein by this reference, are hereby readopted, reenacted,
ratified, and confirmed in all respects, effective as of the effective date of said rates and
fees as set forth in their respective ordinances, as if in full force and effect from the date
of original enactment,including any subsequent amendments, if any,and,further, all fees
and rates, as set forth and incorporated in the year 2000 preliminary and final budget
documents, adopted by Ordinance No. 3499, a true and correct copy of which is attached
hereto as Exhibit `B" and incorporated herein by this reference, are hereby reenacted,
readopted, ratified, and confirmed effective as of the effective date of said rates and fees
as if in full force and effect from the date of original enactment, passage or adoption and
as subsequently and/or hereinafter amended by ordinances, resolutions, and/or
administrative policies as applicable.
SECTION 2. The rates and fees established by Ordinance Nos. 3471,
3486, 3487,34882 3490, and 3491, attached hereto as Exhibit"A,"are hereby adopted and
enacted as originally adopted and enacted by said ordinances, including any subsequent
amendments thereto, if any,and,further, all fees and rates, as set forth and incorporated
2 Rate Re-enactment
in the year 2000 preliminary and final budget documents,adopted by Ordinance No. 3499,
attached hereto as Exhibit `B," are hereby adopted as previously enacted, passed, or
adopted and as subsequently and/or hereinafter amended by ordinances,resolutions, and/or
administrative policies as applicable.
SECTION 3. The City's Chief Administrative Officer is hereby authorized
and directed to implement such administrative procedures as may be necessary to carry out
the intent of this ordinance.
SECTION 4. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
SECTION 5. E{ective Date. This ordinance shall take effect and be in
force upon thirty(30) days from and after passage as provided by law.
JIM WHITE, MAYOR
ATTEST:
BRENDA JACOBER, CITY CLERK
APPROVED AS TO FORM:
ROGER A. LUBOVICH, CITY ATTORNEY
3 Rate Re-enactment
PASSED: day of , 2000.
APPROVED: day of , 2000.
PUBLISHED: day of , 2000.
I hereby certify that this is a true copy of Ordinance No. ,passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
(SEAL)
BRENDA JACOBER, CITY CLERK
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4 Rate Re-enactment
ORDINANCE NO. 301
AN ORDINANCE of the City Council of the
City of Kent,Washington;amending Chapter 6.07 of the
Kent City Code entitled "Street Use Permits" by adding
subsections relating to street vending,sidewalk cafes,and
sidewalk displays upon public places within the City of
Kent, and by making other related amendments.
WHEREAS,there has been increased interest in the use of public places
in the City for the purpose of locating and operating street vending units, sidewalk cafes,
and sidewalk displays; and
WHEREAS, the City Council finds that it is desirable to allow these
types of uses on public places within the City if appropriately regulated so as not to create
a public nuisance or a public safety hazard; and
WHEREAS, in order to allow these types of uses on public places in a
manner that does not create a public nuisance or public safety hazard, it is appropriate
to amend the Kent City Code provisions relating to street uses; and
WHEREAS, the City Council finds it appropriate to define the post-
election period for removal of political signs in order to ensure a period of time between
elections when signs are to be removed in order to minimize confusion to voters of the
candidates and the office they seek; and
1 Street Use Permits
EXHIBIT.,
WHEREAS, the City Council also finds it appropriate to make other
related amendments to this code;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.07 of the Kent City Code is hereby
amended as follows:
CHAPTER 6.07 STREET USE PERMITS
Sec. 6.07.010. Purpose. The purpose of this chapter is to establish minimum
rules and regulations relating to street use associated with property development and to
other uses of streets, sidewalks,public property,public rights-of-way and other public
places for private purposes,and to provide for enforcement.
Sec. 6.07.020. Definitions. The following words and phrases,wherever used in
this chapter, shall have the meanings ascribed to them in this section except where
otherwise defined and unless the context shall clearly indicate to the contrary:
A. .4 butting property means and includes Property bordering upon and contiguous to
a public place.
B. Applicant means any person or entity applying for the issuance or renewal of a
street use permit or any person or entity that has been issued a street use permit.
C. Banner means any pliable canvas or cloth sign material or holiday or festival decor
such as garland or similar decor stretched over or across any public place.
D. Director means the director of public works of the city and/or his or her designee
including Kent city code enforcement officials.
E. Driveway means thatportion of a public place which provides vehicular access
to abutting property through a depression in the constructed curb or, when there is no
constructed curb,that area in front of such abutting property as is well defined or that is
designated by authorized signs or markings.
2 Street Use Permits
EXHIBIT
-7, 0r�
F. Portable Ssign means a sign which is not permanently affixed to the ground or to
a building or structure and which may be easily moved.
G. Public place means and includes streets, avenues, ways, boulevards, drives,
places, alleys, sidewalks, planting (parking) strips, squares, triangles and other
rights-of-way open to the use of the public, and the space above or beneath the surface
of same. This definition specifically does not include streets, alleys,ways,planting strips
and sidewalks which have not been deeded, dedicated or otherwise permanently
appropriated to the public for public use.
H. Sidewalk cafe means a portion of a public sidewalk on which tables and chairs are
placed for the use of patrons while consuming food and/or beverages, including liquor
as defined in RCW 66.04.010, served by a cafe,restaurant or tavern located on abutting
ro e
I. Sidewalk display means a display of goods and wares on a public sidewalk for
retail sale to the public by the owner or manager of a business upon abutting property,
which products are being offered for sale inside the business,
J. Sidewalk vending unit or vending unit means a movable cart or similar device that
is operated from a fixed location on a public way from which food,beverages(excluding
liquor), flowers,plants, and/or merchandise are provided to the public with or without
charge. The provisions of this chapter shall not apply to mobile caterers, eg nerally
defined as_person(s)engaged in the business of transporting food and beverages in motor
vehicles to residential,business, and industrial establishments pursuant to prearranged
schedules,and dispensing items from the vehicles for retail sale to the personnel of such
establishments.
K. Sign means any medium, including its structure and component parts, which is
used or intended to be used out of doors to attract attention to the subject matter for
advertising,identification, or informative purposes.
L. Special events means carnivals, fairs, festivals,parades, and other similar short-
term uses of public places.
3 Street Use Permits
EXHIBIT
3 D�51�
M. Use means and includes, but is not limited to, the following types of uses: to
conduct a parade or other similar event upon any public glace; to operate any sidewalk
display,caM or restaurant,or any food cart or other similar vending unit upon any public
place- to construct, store, erect, place, maintain, or operate in, upon, over or under any
public place, any sidewalk cafe, food cart, or restaurant, staging, scaffold, structure or
material,machinery or tools used or to be used in connection with the erection,alteration,
repair or painting of any building; or to move any building across or along any public
place;or to use or occupy any public place for the storage or placement of any material,
equipment or thing;or to allow any vehicle to be upon that portion of roadway designated
as parking or curb space for purposes of selling or soliciting in addition to merely parking;
or to open, excavate,or in any manner disturb or break the surface or foundation of any
permanent pavement of a public place, or to alter the established grade of any street, or
to disturb the surface of,dig up,cut, excavate or fill in any public place;or to construct,
reconstruct, maintain or remove any sidewalk or crosswalk, pavement, sewers, water
mains, grading, street lighting, or appurtenances thereto, except when permitted by
ordinance, or to do any work in, or erect any structure under, along or over any public
place and other such uses.
N. Vending means the commercial sale of food, beverages (excluding liquor),
flowers,plants, and/or merchandise only from a sidewalk vending unit upon Public ways
of the City of Kent. Vending does not include liquor as defined in RCW 66.04.010,
tobacco, firearms, munitions, or any article which a minor is prohibited by law from
Purchasing.or any materials restricted by the fire code from direct access or handling by
the public.
Sec. 6.07.030. Permit required. It shall be unlawful for anyone to use any
public place for private purposes without having first obtained a street use permit from
the director as required in this chapter and without complying with all the provisions of
this chapter.
See 6.07.030. Uses and per-..,;... Sec. 6.07.040. Construction and property
development.
4 Street Use Permits
EXHIBIT
� tv C30
A. . Generally. No person
shall be issued a project,building,grading,or fill permit without first obtaining a separate
street use permit from the department of public works except as follows:
1. An applis application is made for a permit to make an addition,
alteration or repairs to a single-family residence;
2. An applieant application is made for a permit to make an alteration,repair
or minor addition (less than twenty thousand dollars ($20,000.00) in value) to any
structure other than a single-family residence.
3. The director determines, in his or her discretion, that the issuance of a
separate street use permit for each project,building, grading or fill permit is not necessary
to regulate the use on the public place.
B. ,Signs.Moving of Structures. Prior to application and issuance of a street use
permit for any building-or structure to be moved across, along,or upon any public place
within the city and sited within the city,the applicant shall first obtain a buildingp ermit
for the siting of such building or structure.
See. 6.07.050. Signs. The following provisions shall apply to the placement of
signs on public places:
A.47z Ne persen shall plaee a sign on any publie plaee exeept as felle Signs may be
placed on a public place without a permit only as follows:
l.a: Portable signs. Portable signs as defined herein may be placed on a public
place without a permit upon the following conditions:
width ef a sidewalk or walkway te less 4han fi3uF (4) feet, er- etheFMse impede
a. The location of the sign shall not reduce or obstruct pedestrian
passage on the sidewalk to less than four(4) feet to the nearest street trees,utility poles,
traffic control signs and devices,parking meters, fire hydrants,buildings and other similar
5 Street Use Permits
devices and structures. Furthermore, such placement shall be consistent with any
applicable standards established by the American with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk,wheel chair ramp,bus,
or taxi zone.
{fib. No portable signs shall be installed or placed upon power poles,
telephone poles, street light standards, sign posts, trees, traffic controllers, markers, on
any railing, bridge, overpass, street, crosswalk, public building or lawn or open area
surrounding any public building.
(3)c. No portable sign shall be installed�, Rjqqqd within tw
ten 10 feet of a driveway, wheelchair ramp, crosswalk, or intersection or placed or
situated on a public place in such a way as to constitute a threat to the health,safety and
welfare of the public or interfere with the use of the public place.
(4)d. Portable signs shall be installed so that the top of the sign does not
exceed an elevation of thirty-six(36)inches higher than the height of the sidewalk,bike
path or walkway. Where these improvements do not exist the thirty-six-inch height
limitation shall be measured from the highest edge of the street, alley or driveway.
(3)e. Portable signs shall be constructed of weather-resistant wood,
metal or plastic. Canvas, cardboard and paper signs are prohibited.
(6)f. Attachment of paper, plastic, balloons, or cardboard to a sign
ewe is not permitted if such attachment extends the approved height or width of the
sign.
(-7)g_ Portable signs shall not be weighted down, or otherwise attached
to public property in such a way as to resist impact by a traveling vehicle, bicycle or
pedestrian..
Q. Political campaign signs. Political campaign signs may be placed on a
public place without a permit except,however,no sign shall be placed or situated on a
public place in such a way as to constitute a threat to the health, safety and welfare of the
public or interfere with the use of the public place. Owners of political campaign signs
shall be responsible for their post-election removal within seven(7) days following the
6 Street Use Permits
EXHIBIT
date of the election for which the campaign signs were displayed. For general and
primary elections, it is a rebuttable presumption that the post-election period extends to
January 161 of the year of said election(s). eAeF their-use.
e3. Banners.Banners may be placed on a public place only by permit pursuant
to the provisions of this chapter.
d4. Other. All other signs are prohibited on public places for private purposes
and on any equipment,facilities and structures located upon public places,including,but
not limited to,power poles,telephone poles,street light standards,sign posts,trees,traffic
controllers,markers,railings,bridges, overpasses,and public buildings.
S. Removal. Owners of signs and banners displayed for tempoM events
shall be responsible for their removal within seven(7)days following the last date of the
event or the activity for which the signs were displayed.
B. Violations. In addition or as an alternative to the remedies provided in this chapter,
the director may remove or relocate signs which are placed on a public place in violation
of the provisions of this subsection, 6.0:7.030 B,or which the director determines,in his
or her discretion, constitutes a threat to the health, safety and welfare of the public or
interferes with the use of the public place.
Q Other. e{.,ubfie ., ertiy.� Tt shall be, nle,.& for- e e to a any p,.l.li..
e
direeterf and v��eut Aith all the FON4SiOF6 of this .
Sec. 6.07.060. Street Vendors. No person shall sell,offer for sale,solicit orders,
rent, lease, or otherwise peddle from apublic place,using a mobile cart,using a vehicle,
or by any other mobile method without first obtaining a vendingpermit as follows:
A. Permit Application. In addition to the information required by this chapter, the
applicant must provide the following before a vending permit can be issued:
1. Submit the name and home and business addresses of the applicant, and
the name and address of the owner,if other than the applicant of the vending business or
sidewalk vending unit to be used in the operation of the vending business.
7 Street Use Permits
E HIBIT
2. Submit written annrovai for the vending by the abutting property owner
and/or street level tenant, if the tenant and property owner disagree,the property owner's
decision controls. The street level retail occupant of the abutting property shall have the
right of first refusal for a permit subject to the abutting property owner's written approval.
3. Submit an accurate drawingshowing howing the public area to be used,along with
plans detailing the design and size of the vending unit to be used.
4. Procure and maintain liability insurance pursuant to Section 6.07.140(e),
naming the City of Kent and the abutting property owner as additional insureds in the
amount of five hundred thousand dollars($500,000.00).
B. Location review. Upon receipt of an application for a permit or permit renewal
the director shall review the location to determine if it is suitable for vending. In making
this determination,the director shall consider the following criteria:
1. A sidewalk vending unit is limited to one assigned location.
2. No permit shall be issued for a location within ten(10) feet of a driveway.
wheel chair ramp bus stop_sign or crosswalk at any intersection or any location which
unreasonably interferes with the public's or City's use of the right-of-way. The location
of the vending unit shall not reduce or obstruct pedestrian passage on the sidewalk to less
than four(4)feet to the nearest street trees utility_poles traffic control signs and devices,
parking meters. fire hydrants,buildings and other similar devices and structures.
3. The permit operating area must be within a commercial or industrial zone
as such are defined in the Kent Zoning Code.
4. No permit for a vendor shall be issued for a proposed vending site located
within two hundred (200) feet of an existing vendor or retail store in which the permit
applicant's product is the primary product of the existing vendor's site or retail store
without the written consent of said permitted vendor or retail store. This distance
reouirement shall not apply to applications for special events or festivals issued under a
Master Use Permit issued pursuant to Section 6.07.100.
5. If a proposed vending site is located within two hundred (200) feet of a
park or public school the vendor must present written consent of the cites director of
8 Street Use Permits
EXHIBIT�_A .
Parks and Recreation or the school district respectively, if a proposed vending site is
located within two hundred(200)feet of a private school the vendor must present written
consent of the administrator or manager of the private school This distance requirement
shall not apply to applications for special events or festivals issued under a Master Use
Permit issued pursuant to Section 6.07.100,
6. The use of vending devices must be compatible with and must not
unreasonably interfere with the public interest in use of the public ways as public rights-
of-wax.
7. The location of the sidewalk vending unit shall not reduce or obstruct
pedestrian passage on the sidewalk to less than four (4) feet to the nearest street trees
utility poles,traffic control signs and devices,parking meters,fire hydrants,buildings and
other similar devices and structures. Furthermore,such placement shall be consistent with
any applicable standards established by the American with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk,wheel chair ramp,bus,
or taxi zone.
I No person or corporation shall either pax or accept payment for the written
consent required for issuance or continued operation of a sidewalk vending permit.
9. In the event that two or more applications for the same location are
received, the earliest application, if approved, shall be awarded the location.
C. Health and safety standards.
1, Vendors of food and beverages shall comply with all standards established
by the Seattle-King_County Health Department.
2. All sidewalk vending units in which food or beverage preparation occurs
shall be ii=ected and approved by the City Fire D artment to assure com liance of an
cooking or heating gpi3aratus with the following provisions:
a. Deep fat,oil,or Uease cooking processes employing heated liquid
shall be protected by a fire extinguishing system a roved by the fire department.
Processes involving heated fat,oil, grease,or liquids other than water shall be shielded
from the public.
9 Street Use Permits
EXHIBIT
b. Processes requiring flammable gas, liquid,or solid fuels shall not
be permitted.unless approved by the Fire Department. LPG containers shall be limited
to no more than five gallons capacity and no more than one container per cart or vendor
display.
C. Storage of extra fuel is prohibited in the area of vending,or in any
buildings,except as pern fitted by the Fire Department.
d. Vendors using open-flame cooking where steaks, hamburgers,
sausages,hot dogs,or other products producing grease laden vapors are cooked shall not
be stationed beneath the awning or canopy of a building. Exception may made when
evidence is presented satisfying the Fire Department that no special threat is imposed to
the building or awning by virtue of vendor location.
e. Pressure-cooking appliances shall be prohibited.
f. A 40B: C fire extinguisher is required in all vending carts using
open-flame cooking or cooking products producing grease laden vgRors.
D. Conditions. Any person with a valid vending license issued pursuant to this
chapter shall be subject to the following conditions:
L. All vendors must display, in a prominent and visible manner,the license
issued by the director under the provisions of this chapter.
2. Food and beverages sold must be capable of immediate consumption.
3. The height of the vending unit, excluding canopies, umbrellas, or
trqWarent enclosures which must be gpl2roved by the director,shall not exceed five U5
feet and the vendingunit must be capable of being pushed by one(1)person.
4. The vending site must be clean and orderly at all times, and the vendor
must provide a refuse container for use by patrons.
L. Soliciting or conducting business with persons in motor vehicles is
prohibited.
6. No merchandise shall be displayed using street fumiture(planters, street
lip-his, trees trash containers etc.) or placed upon the sidewalk. In addition sales of
merchandise shall not be allowed from a vehicle. No use of any automatic coin-operated
10 Street Use Permits
EXHIBIT
to 4�u
vending dispenser shall be allowed. Persons conducting a sidewalk business must use a
sidewalk vending unit.
7. Vendors shall not hinder use of anv phone booth, mailbox,parking meter,
fire alarm, fire hydrant (including automatic sprinklers or standpipe connections),
newspaper vending machine, waste receptacle, bench, transit stop or traffic signal
controllers.
8. Vendors shall obey any lawful order from a police officer or Fire
Department official during an emergency or to avoid congestion or obstruction of the
sidewalk.
9. No vendor shall make loud noises or use mechanical audio or noise-
making devices or hawk to advertise his or her product.
10. No licensed sidewalk vending unit shall be left unattended on a sidewalk,
nor remain on the sidewalk between midni¢ht and 6:00 a.m.
11. Utility service connections are not permitted, except electrical, when
provided by owner of the abutting properly. Electrical lines aremot allowed overhead
or lying in the pedestrian portion of the sidewalk.
12. Signs,banners and/or streamers may be attached to the vending unit for
the purpose of advertising or identifying the vending unit, subject to approval of the
abutting property owner(or representative or agent)and the director. As determined by
the director, such signs, banners, and/or streamers shall be situated so as to not
unreasonably obstruct views of neighboring 12Merty or create a public safety hazard.
Sec.6.07.070. Sidewalk Cafes. No person may operate a sidewalk cafe without
a yemut from the director as follows:
A. Permit application. In addition to the information required by this chapter, an
applicant must provide the following before a sidewalk cafe permit can be issued:
1. The anticipated periods of use during the year and the proposed hours of
daily use,including Saturdays, Sundays, and holidays;
2. Whether any liquor, as defined in RCW 66.04.010, will be sold or
consumed in the area to be covered by the permit; and
11 Street Use Permits
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3. Procure and maintain liability insurance pursuant to Section 6.07.140(e)
naming the City of Kent as additional insureds in the amount of one million dollars
($1,000,000.00).
B. Terms and conditions.
1. The director may issue a permit for use of a sidewalk for sidewalk cafe
purposes in the event and to the extent that he or she determines that:
a. The applicant is the owner or occupant of the abutting property and
operates a cafe, restaurant,or tavern thereon:
b. The location of the sidewalk cafe shall not reduce or obstruct
pedestrian passage on the sidewalk to less than four (,4) feet to the nearest street trees,
utility poles,traffic control signs and devices,parking meters, fire hydrants,buildings and
other similar devices and structures. Furthermore,such placement shall be consistent with
any applicable standards established by the American with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk, wheel chair ramp,bus
or taxi zone: and
C. The proposed sidewalk cafe area is included within a food-service
establishment permit issued by the Seattle-King�County Health Department or has
otherwise been authorized by said department.
2. The director may include such terms and conditions in the permit as the
director may deem appropriate, including but not limited to:
a. Restrictions as to the number and placement of tables and chairs
and as to the hours and dates of use:
b. A requirement that the area be cleared when not in use as a
sidewalk cafe, or upon the order of the director or other appropriate city officer such as
the Chief of Police or Fire Chief or their authorized representatives:
C. Provisions that the permittees shall maintain the sidewalk in a
clean and safe condition for pedestrian travel:
d. A requirement that the applicant clear the sidewalk as may be
necessary to accommodate deliveries to abutting or other nearby properties:
12 Street Use Permits
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e. Regulations upon lighting and illumination of the sidewalk cafe,
limitations upon noise,and restrictions upon the placement of fumiture or equipment used
in connection with the sidewalk cafe:
f. The posting of a surety bond or establishment of an escrow
account in accordance with the provisions of this chapter:
&. If the sidewalk cafe causes a change in pedestrian travel pattems,
appropriate modifications to the sidewalk in the immediate vicinity in order to
accommodate the change or to assure compliance with the Federal Americans with
Disabilities Act;
h. Restoration of the sidewalk upon completion of the use.
3. Unless expressly authorized by the director,no pavement shall be broken,
no sidewalk surface disturbed, and no permanent fixture of any kind shall be installed in
or on sidewalk area in connection with a sidewalk cafe.
4. The director may suspend or revoke the pennission ganted if an applicant
violates this chapter, any implementing rules,or the terms and conditions of the permit.
C. Liquor. Liquor, as defined in RCW 66.04.010, as now existing or hereinafter
amended,may be used and sold at a sidewalk cafe when authorized in both the use permit
and provided for in this chapter and by permit of the Washington State Liquor Control
Board, and not otherwise.
D. Sidewalk condition. The applicant shall comply with the terms and conditions of
the sidewalk cafe permit issued, shall maintain the sidewalk in a clean and safe condition
for pedestrian travel, and shall immediately clear the sidewalk area when ordered to do
so by the director or other appropriate City_officer such as the Chief of Police.Fire Chief
or their authorized representatives.
Sec. 6.07.080. Sidewalk displays. The owner or manager of a business upon
abutting propea making retail sales to the public may, without a permit. displgy on as
public sidewalk goods or wares that are being offered for sale inside the business.
Sidewalk displays are subject to rules of the director, and the following criteria:
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A. The location of the sidewalk display shall not reduce or obstruct pedestrian
passage on the sidewalk to less than four(4)feet to the nearest street trees,utility poles,
traffic control signs and devices, parking meters, fire hydrants, buildings, and other
similar devices and structures. Furthermore,such placement shall be consistent with any
applicable standards established by the American with Disabilities Act and shall not
obstruct vehicular traffic or parking or the use of any crosswalk, wheel chair ramp, bus
or taxi zone.
B. The display must be flush against the building of the abutting property,must leave
entrances and driveways clear, and ma not extend more than three (3) feet into the
sidewalk.
C. The display must be removed during those hours that the business is closed. If the
display is in place before sunrise or after sunset,the di's_play must be lighted and readily
visible to passing pedestrians on the sidewalk.
D. Sales of goods or merchandise displayed must occur on the abutting privately
owned property.
E. The display may not contain liquor, tobacco, firearms, munitions, or any article
which a minor is prohibited bylaw from purchasing,or any material restricted by the Fire
Code from direct access or handling by the public.
F. The display must be removed any time the director,Chief of Police,or Fire Chief
determines that a clear sidewalk is needed and requets removal for use of travel or
transportation, street cleaning or maintenance,street utility work, a crowd control event
or parade,or an emergency.
G. The city assumes no responsibility for the items on diMIav,irrespective of whether
the loss occurs through accident,collision,vandalism, theft or otherwise.
Sec. 6.07.090. Street closures.
A., The city may permit the closure of a portion of a street or road within the
boundaries of the city.No closure of any street or road of any duration in time or length
shall occur except in accordance with a permit issued by the director,and such other laws
or regulations which maybe applicable.
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B.-2 The director may issue a permit for closure of such street or road if such closure
is consistent with the general health, safety and welfare of the citizens. The director is
authorized to require that issuance of the permit is dependent upon fulfillment of such
conditions as are necessary to ensure the closure is carried out in a safe, uniform and
reasonable manner,-including but not limited to:
Le: The execution of a written agreement regulating access to the street by
emergency vehicles and local residents during the closure.
2.b-. Procurement and posting of a bond, cash and/or proof of insurance in an
amount sufficient to ensure payment for damages and/or all cleanup costs associated with
the closure, and a hold h&qnless agFeeme an indemnity agreement and/or deposit as set
forth in subsections 6.07.060 6.07.140 and 6.07.150 below.
3.e: Use of city-approved signs and barricades for the closure.
Sec. 6.07.100. Master use permit. The director may issue a master use venmit
for special events and other instances involving multiple uses and/or users under this
chapter. In such case, the director shall have the discretion to determine the amount of
insurance that will be required depending on the risks associated with the level of uses
under the permit. The director shall also have the discretion to modify the conditions of
this chapter for the use(s)applied for as deemed appropriate in order to consolidate uses
or accommodate multiple users under a master use permit.
1Sec. 6.07.110. City development or use; exemptions. The requirements of
this chapter shall not apply to:
A.4- Street, drainage, water or sewer maintenance work performed by the city,
including street,drainage,water or sewer installation and improvement work authorized
by ordinance, or street, drainage, water or sewer improvement projects under contract
with the city shall be exempt from the provisions of this chapter.
B.2-. The city initiated closure of any highway, street or road.
Sec.6.07.040:120.Permit application. To obtain a permit under this chapter,the
person shall file an application on a form famished by the city for that purpose. Every
application shall, where applicable:
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A.4-: Identify the property by legal description and address for which a builder&gFadiF►g
er-ill permit is being sought or an accurate description of the public place or portion
thereof desired to be used.
B.3: Provide the use desired to be made of such public place by the applicant.
C3: Identify the owner of the property abutting the public place for which the permit
is sought. being develeped:
D. For construction and property development,to the extent required by the director:
1.3. Provide the plans and specifications for any utility or structure desired to
be constructed, erected or maintained by the applicant in or on a public place.
2.4: Identify routes to be utilized to and from the property.
3.6: Identify the contractor and subcontractor responsible for the development
work.
4.4 Include the state contractor's number of such contractor or subcontractor.
5.& Include the city business license number of such contractor or
subcontractor.
6.4-0 Include a copy of any building permit as required in section 6.07.050 C:LCJ
below for any building or structure to be moved across, along or upon any public place,
pursuant to a permit issued herein, and sited within the city.
E. Provide other information as required to the director.
F.9: Be signed by the owner or the agent of the applicant.
Sec. 6.07.059:130.Processing of applications.
A. The director shall examine each application submitted to determine if it complies
with the provisions of this chapter.The director may also submit the application to other
city departments such as the fire, police, and planning departments for review and
comment. In order to ascertain any facts which may aid in determining whether a permit
shall be granted,the director may inspect the premises which are desired to be used under
the permit.
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B. If after review of the application the director finds that the application presented
to him or her for approval conforms to the requirements of this chapter;and else that the
proposed use of such public place will not unduly interfere with the rights of the public
or unduly interfere or compete with adjaeent uses on abutting public or private property
or otherwise constitute a threat to the health,safety and welfare of the public,then he-eF
she the director may approve such application.
E
945L, the applieant she4l first ebtain a building pefmi! for-the siting ef sueh building e
she.
Sec. 6.07.060:140. Indemnity deposit; surety bond; liability insurance.
A. ,
damage or eNpense
,the The applicant
shall provide a cash indemnity deposit to the depaFtment of publie werks city unless the
director determines that there is not a probability of iniury,damage or expense to the city
arising from an applicant's proposed use of any public place. The amount of the cash
indemnity deposit shall be determined by the director,governed by the anticipated amount
and extent of injury, damage or expense to the city, and determined at the time of
application approval. Such indemnity deposit shall be used to pay the cost of plan review,
inspections, surveys, and other administrative services performed by the city,of restoring
the street and removing any earth or other debris from the street,the replacement of any
utility interrupted or damaged, or the completion of any work left unfinished, the cost of
filing of an indemnity agreement with the department, if such an agreement is required
with the permit, and any other expense the city may sustain in conjunction with the
permitted work. The balance of the cash indemnity deposit, if any, after the foregoing
deductions, shall be returned to the applicant.If the indemnity deposit is insufficient,the
applicant will be liable for the deficiency. If the director determines that engineering
studies must be made prior to the approval of any application for permit,the cost of such
study shall be paid for by the applicant,or deducted from his indemnity deposit.
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B. In lieu of or in addition to the cash indemnity deposit, the The director may
require,in ' ,the applicant to file with
the public works department a surety bond which has been approved as to surety and as
to form by the city attorney.The surety bond shall meet all the requirements provided in
subsection A4:�above relative to a cash indemnity deposit, shall run for the full period
of the permit, and shall be in an amount to be fixed by the director, and shall be
conditioned such that the applicant shall faithfully comply with all the terms of the permit,
all the provisions of this chapter,and all other ordinances of the city.
C. If the application is for the construction, reconstruction, repair, maintenance or
removal of any sidewalk, pavement, sewers, water mains, grading, street lighting or
appurtenances thereto,the applicant shall file with the public works department a surety
bond approved as to surety and as to form by the city attorney. The surety bond shall run
for the full period of the permit and may be required by the director for a period of one
(1)year after the acceptance of the permitted work by the city, and shall be in an amount
fixed by the director. The surety shall be conditioned such that the applicant shall
faithfully complete all portions of the work according to the standard plans and
specifications of the city; and the specific plans for the work as approved by the city
engineer.
D. The director may require any permit holder to post a surety bond in the calendar
year following the period of a permit when the extent of possible damage to a public place
cannot be completely determined.
E. Subject to other requirements for insurance set forth in this chanter, theThe
director may require an applicant to procure and maintain in full force and effect public
liability insurance naming the City of Kent, in an amount sufficient to cover potential
claims for bodily injury, death or disability, and fef property damage, and when
appropriate as determined by the director,products and/or completed operations which
may arise from or in connection with the permit. The director shall establish the amount
of such insurance, and a certificate of insurance eepy ef the peliey shall be provided to
the city for review prior to issuance of the permit.
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F. The director has the discretion to require one(1)or any combination of the above
requirements prior to issuance of a permit as the director deems appropriate, considering
the use proposed by the applicant,in order to reasonably protect the city's interests and the
health, safety and welfare of the public.
Sec. 6.07.078:150. Indemnity agreement. The applicant shall be required to
execute a written agreement supplied by the city attorney to forever hold and save the city
free and harmless from any and all claims, actions or damages of every kind and
description which may accrue to or be suffered by any person by reason of the use of such
public place or of the construction,existence,maintenance use or occupation of any such
structure,services, ft-Wires,equipment and/or facilities on or in a public place pursuant
to this chapter. In addition, such agreement shall contain a provision that the permit is
wholly of a temporary nature, that it vests no permanent right whatsoever, and that
pursuant to the provisions of this chapter,that the permit may be revoked without cause
upon thirty(30)days'notice or without such notice, in the event the permitted use shall
become dangerous or unsafe or is not being operated in accordance with the provisions
of this title,the same may be suspended or revoked.
Sec. 6.07.NO-.160.Permit issuance, expiration,and renewal.
A. Every permit issued under this chapter shall be issued conditioned upon and
subject to the right of the city to restrict, suspend, or revoke the permit as provided in
section 6.07.180 below.
B. Every permit issued by the director under provisions
' of*ds-c-hapteF Ssection 6.07.040 shall expire in accordance with the expiration date of the
respective building,grading,or fill permit.In no such case shall the life of the street use
permit extend beyond twelve(12)months from date of issuance.
C. Permits issued for special events or occurrences, such as festivals or street
closures,shall expire on the date established by the director as the ending date of the event
or occurrence.
D. All other permits issued pursuant to this chapter, except those permits for which
a shorter term is herein specified, shall be effective as of the first day of the month of
19 Street Use Permits
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l q or
issuance,regardless of the actual date of issue,and shall expire twelve(12)months from
the effective date thereof,unless sooner revoked in the manner provided in this chapter.
E. Unless suspended,revoked or denied as provided in this chapter and subject to
a location review as set forth in this section, all permits issued pursuant to the provisions
of this chapter may be renewed on or before the date of expiration of such permit,upon
payment for the ensuing term of the established fee, minus the application charge. A
vendor renewing a permit for a business that has changed the size of the vending area or
location,or who has added heating or cookjng apparatus since the last application/renewal
must follow requirements for a new application.
F. Street use permits are not transferable.
Sec. 6.07.400:170.Permit and inspection fees.
A. The basic fee for a street use permit shall be as follows: under- subseetion
1. Sec. 6.07.040. Construction and Property Development: fifty dollars
f$50).
2. Sec. 6.07.060. Street Vendors: one hundred dollars ($100) per year.
Permits are issued annually.
3. Sec. 6.07.070. Sidewalk Cafes: one hundred dollars ($100) per year.
Permits are issued annually.
4. Sec. 6.07.090. Street Closures: fifty dollars($50).
5. Sec. 6.07.100. Master Use Permit: one hundred dollars ($100),
B. Where total inspection time exceeds two (2) hours, an extra charge shall be
invoiced to the applicant at . an hourly rate to be
established annually by the director.
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y0 tF4)
Sec. 6.07.OW.180.
Director's decision to deny,revoke, suspend, or restrict.
A. Pursuant to the provisions of this chapter, the director shall have the power and
authority to deny the issuance or renewal of any permit applied for or to revoke, suspend,
or otherwise restrict any permit issued under this chapter. The director shall notice such
applicant or permittee in writing,by mail or personal delivery,of the denial of a pen:nit
application or the suspension or revocation of an existing permit and the grounds therefor.
B. The issuance of apermit for use on a public way is subject to the use and needs
of the city and the general public,whether such needs are temporary or permanent and for
public or private purposes(i.e..utility construction work in public way by private service
provider), and is agrant of a temporary revocable privilege to use a portion of the public
way to serve and benefit the general public. The applicant shall have the burden to prove
that any proposed use will enhance and further the public interest consistent and not in
conflict with the use of the public way by the general public and the city for other
authorized uses and activities. All permits granted under the provisions of this chapter
may be restricted, suspended, or revoked without compensation by the director, upon
thirty (30) days'prior notice when the use and needs of the city and general public are
paramount to the applicant's use or the applicant's use does not enhance and further the
public interest or is in conflict with the use of the public way. The director shall have the
discretion to determine priorities of conflicting uses of public places or may deny any or
all such uses or proposed uses.
1, The direet.,r ..F.,ublie , er-k or- designate m in writing suspend e r-eveke-a
peark issued heretmder- whenever- the peRvit was issued in effer- or- en the basis ef
C. Any permit issued under this chapter may be suspended or revoked immediately
based on one or more of the following grounds:
1. Any other license orl2ermit issued pursuant to this chapter has been
suspended,revoked,or cancelled.
21 Street Use Permits
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2. The applicant has violated or failed to meet any of the provisions of this
chapter or is in violation of M other ordinances or regulation of the City relating to the
use by applicant for which the permit is applied for or issued.
3. The applicant does not currently have in effect an insurance policy in the
minimum amount as specified in this chapter.
4. The permit was procured by fraud or misrepresentation of fact or was
issued in error or on the basis of incorrect information supplied to the City.
5. The abutting property owner or legal representative withdraws consent in
writing for a sidewalk vending unit.
6. Health Department authorization for the sidewalk food or beverage
vending unit is cancelled.
7. A sidewalk vending unit is not used within ninety(90)days of its issuance.
8. The applicant's use is creating a health or safety hazard or constitutes a
public nuisance.
D. For permits issued for construction and property development,the following shall
also a 1
1. Streets/Storm Drains. The applicant shall continuously keep the streets
and storm drain system free from all debris attributed to the work performed under the
respective building,grading,or fill permit. If this is violated,the director of publie werks
may,without advance notice and by posting the work site,suspend or revoke
a permit issued.No new permit will be issued or the suspension lifted until the conditions
of this section have been met.Where the director determines
at no immediate action has taken place to remedy the conditions or to obtain Pef
compliance with the conditions of this section is abeuHeeeepF, and the director e€publie
of dest—ate determines in his or her judgment that it is in the best interest of the
city that immediate action should be taken,he the director can order the work done by city
forces or other forces.The cost thereof shall be deducted from the indemnity fund at the
actual cost plus fifteen(15)percent.
22 Street Use Permits
2. Permit Not Obtained. Any work which is commenced or performed prior
to obtaining the permit required by this chanter shall be immediately suspended and shall
not recommence until the requirements of this chapter have been fully satisfied.
3. Stop Work Order. In addition to any remedy provided for in this chapter,
the director may issue a stop work order whenever a continuing violation of this section
will materially impair the director's ability to secure compliance, or when a continuing
violation threatens the health or safety of the public.
Sec. 6.07.190 - Appeals. Upon denial of issuance or renewal, or revocation,
suspension or restriction of a permit,notice of such action shall be delivered, in writing,
to the applicant by personal service or certified mail at the address specified by the
licensee in the application. AU person aggrieved by the action of the director on a permit
may within ten (10) days after notice of said action appeal to the hearing examiner by
filing with the hearing examiner a written notice of the appeal, clearly stating the grounds
on which the appeal is based. The appeal before the hearing examiner will be processed
and heard pursuant to Chapter 2.32 of the Kent City Code. The decision of the hearing
examiner shall be final and conclusive unless appealed to the superior court within
twenty-one(21)days of the date of the hearing examiner's decision. If appeal is taken as
herein prescribed, a suspension or revocation of a permit shall be staved, except for a
health fire or other public safety violationpending final action by the hearing examiner.
Seer6=07.110. Doable fee or-w.„�4i m4�out per-wAt Whenever-work gar--A ;
.
See. 6.07.120. Permit not obtained. Affy weflE whieh . eeaHnene
suspeaded and shall not r-eeeffirnerise until the requirements ef this ehapter-have been
Uly satisfied.
23 Street Use Permits
See. 6.07.140. Step wer4i erdder. Then p ter- ssne a-ste work er-dWhenever-a eentLvuingAelatien of this ehapter-mill materially inVair-the direeteA abili
Sec. 6.07.200. Administrative policies. The director may establish
administrative policies deemed appropriate to implement the provisions of this chapter.
Sec. 6.07.150,210.Violation; penalties.
A. Civil. Any violation of any provision of this chapter constitutes a civil violation
under Kent City Code ehapter- Ch. 1.04 KCC for which a monetary penalty may be
assessed and abatement may be required and/or otherwise enforced as provided therein.
B. Criminal. In addition or as an alternative to any other penalty provided in this
chapter or by law, any person violating the provisions of this chapter shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to
exceed the sum of one thousand ($1,000) dollars or imprisonment for a period not to
exceed nine fty 90) days, or both such fine or imprisonment.
SECTION Z -Severability. If any one or more sections,subsections,or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall
remain in full force and effect.
SECTION 3. -E(jective Date. This Ordinance shall take effect and be in
force thirty(30)days from the time of its final approval and passage as provided by law.
Qvv-
WHITE,MAYOR
24 Street Use Permits
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2yf ��
ATTEST:
BRENDA JACOBERV CLERK
APPROVED AS TO FORM:
GER A. LUBOVICH,C ATTORNEY
PASSED: day of 1999.
APPROVED: day of n , 1999.
PUBLISHED: a D day of ( ua , 1999.
I hereby certify that this is a true copy of Ordinance No. 3V-71 ,passed
by the City Council of the City of Kent,Washington,and approved by the Mayor of the
City of Kent as hereon indicated.
BRENDA JA BE , CTI'Y CLERK
P:VA W�ORDRJANCIVENDORORO
25 Street Use Permits
UNIT�_
ORDINANCE NO. 3Y 910
AN ORDINANCE of the City Council of the City of
Kent, Washington, amending Chapter 7.02 of the Kent City
Code, increasing the water system development charge and
increasing temporary and permanent water rates within and
outside the city limits.
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 7.02.160 of the Kent City Code is amended to
increase the system development charge as follows:
Sec. 7.02.160. Installation and connection charges inside city limits.
A. Any property owner within the city limits applying for water service shall pay in
full a tap charge plus a system development charge prior to issuance of the water service
permit.The tap charge will include the cost of connection and laying the pipe from the city
water main to the property line of the property to which service is desired,or at a distance
of sixty (60) feet from the main toward such property line, whichever is shorter. The
minimum tap charge so established for service installed by the water utility is as follows:
1. Two hundred seventy-five dollars($275)for each five-eighth(518)inch by
three-quarter(3/4)inch connection.
1 Water Rate Fee
EXHIB i k
'o CF 66
2. Three hundred twenty-five dollars($325}for each three-quarter(3/4)inch
connection.
3. Three hundred fifty dollars($350) for each one(1) inch connection.
4. Six hundred dollars ($600) for each one and one-half (1 1/2) inch
connection.
5. Eight hundred dollars($800)for each two (2)inch connection.
On any connection over two(2)inches,the minimum tap charge shall be the actual
cost of the meter and installation,plus twenty-five(25)percent.
B. If the workload of the water utility as determined by the director of public works
is such that the installation of the water connection would interfere with the proper
operation and maintenance of the water system,the director of public works may require
that the property owner employ a licensed contractor to make the connection and install the
necessary line and materials except the water meter. All such water services shall meet or
exceed the standards and specifications approved by the director of public works. The
minimum tap charge is as follows:
1. One hundred dollars($100)for each five-eighth(5/8)inch by three-quarter
(3/4)inch connection.
2. One hundred twenty-five dollars ($125) for each three-quarter(3/4) inch
connection.
3. One hundred seventy-five dollars($175) for each one(1)inch connection.
4. Three hundred sixty dollars($360) for each one and one-half(1 1/2) inch
connection.
5. Five hundred dollars($500) for each two (2) inch connection.
All such contractor installed connections shall be guaranteed by the contractor for
a period of one (1)year.
C. The system development charge is as follows:
1. Fi3,e handfed€rR�r One thousand one hundred dollars(-T 3 1 100 for
each meter less than one (1) inch in size.
2 Water Rate Fee
EXHiB1T
2. Nine ha•ad-ea seventy nin One thousand nine hundred fifty-eight dollars
(P79)(1,958) for each one(1)inch meter.
3. Twe thousaad twe hundred Four thousand four hundred dollars(-52,200)
4 400 for each one and one-half(1 1/2)inch meter.
4. 44ifee ,,....sand acne huad f a ten dell...s and fiftyeent-s Seven thousand
eight hundred twenty-two dollars (7,822)for each two (2)inch meter.
5. Seventeen thousand six hundred dollars
($8,890) 17 600 for each three(3) inch meter.
b Fifteen thousand- .. hundred r•'•• twe Thirty-one thousand two hundred
eighty-four dollars ,Q,�)(31,284) for each four(4) inch meter.
7. Tv.emy few thousand fe Fo , -eight thousand eight
hundred eighty-four dollars($24,442) 4�8.884)for each five(5) inch meter..
8. Seven y thousand four hundred dollars
($35,,298)(70,400 for each six (6)inch meter.
9. Six}twe ihetisand five hundred seventy One hundred twenty-five
thousand one hundred fifty-ei hg_t dollars(�579)(125,158)for each eight(8)inch meter:
10. Ninety sever; One hundred ninety-
five thousand five hundred fifty-eight dollars(89�79j 195 558 for each ten(10) inch
meter.
D. If an undersized meter is installed, a deduction will be allowed from the.above
charges, including system development charges,which will reflect the difference in cost
between the undersized meter and the regular size meter. All service material (including
water meter)will remain the property of the city.
E. If the tap is changed to one of a larger size,the cost and expense of such charge
must be paid before the larger size tap is installed.
F. If it becomes necessary during the installation of such connection on a time and
material basis to break and replace either concrete or blacktop paving,then in each instance
an additional charge shall be made to cover the cost of such repair.
3 Water Rate Fee
EXHIBIT
X fir7 �ti
SECTION 2. Section 7.02.180 of the Kent City Code is amended to
increase temporary water use rates as follows:
See. 7.02.180. Temporary water meters.
A. When water service is required for a specific short-term duration,upon approval
of the director of public works, a temporary water meter may be obtained from the water
utility.
B. Such meters shall only be used for a designated project and shall be promptly
returned to the water utility upon completion of the project or at the end of sixty(60)days,
whichever comes first.The meters are to be returned in the same condition as when rented,
and the user shall be held responsible for any damage thereto including paying all repair
or replacement costs. While in the user's possession,the user shall be solely responsible
for the meter and as such should it be lost or stolen,the user shall pay the water utility the
cost of its replacement.
C. The director of public works shall require that a cash bond be deposited with the
city prior to receipt of a temporary meter. The amount of the bond shall equal the
replacement cost of the respective meter. Upon return of the meter, the payment of all
outstanding charges including any meter repair or replacement costs, the cash bond shall
be released back to the user.
D. Temporary meters maybe moved from one(1)hydrant to another within the same
project provided the water utility is notified in advance of the proposed relocation and that
hydrant wrenches are used to make all connections and disconnections.
E. The charge for water used through the temporary meter shall be at a rate of one
dollar and thirty-three cents($1.33)per one hundred(100)cubic feet,plus a meter charge
as€ellews:established in subsections E.1 and 2 below. Effective December 31, 1999,the
charge for water used through the temporary meter shall be at a rate of two dollars and
thirty cents ($2.30)per one hundred (100) cubic feet,plus a meter charge as established
in subsections EA and 2 below.
4 Water Rate Fee
1. Up to one and one-half(1 1/2)inch metef, fifty dollars ($50);
2. Two(2)inch and larger meter, one hundred dollars($106).
Payment shall be made in full upon return of the meter. If a meter is lost or stolen,
payment for water used shall be based on an estimate made by the director of public
works.
SECTION3. Section 7.02,300 of the Kent City Code is amended to
increase water rates within the City as follows:
Sec. 7.02.300 Water rates within the city.
A. The monthly rate from October 1 to April 30 is one dollar and twenty-four cents
($1.24)per one hundred (100) cubic feet plus a monthly demand charge for service and
meter,and from May I to September 30 the monthly rate is one dollar and sixty-four cents
($1.64)per one hundred(100)cubic feet plus a monthly demand charge for service and
meter. Effective December 31, 1999,the monthly rate from October I to April 30 is one
dollar and twenty-four cents($1.24)per one hundred(100)cubic feet for all use less than
or gguual to seven hundred(700)cubic feet plus one dollar and sixty-nine cents($1.69)Per
one hundred cubic feet for all use greater than 700 cubic feet, plus a monthly demand
charge for service and meter. Effective December 31, 1999, the monthly rate from May
l to September 30 is one dollar and sixty-four cents ($1.64)per one hundred (100)cubic
feet for all use less than or equal to seven hundred(700) cubic feet plus two dollars and
nine cents($2.09)per one hundred cubic feet for all use greater than 700 cubic feet,plus
a monthly demand charge for service and meter. The monthly demand charge for service
and meter is as follows:
Meter size Charge
(inches)
5/8 x 3/4 $ 2.20
1 2.45
1 1/2 3.30
2 4.00
3 13.95
5 Water Rate Fee
EXHIBIT
?t D
4 16.80
6 28.10
8 37.59
10 48.46
B. For lifeline qualified water service customers,the monthly rate is forty-five cents
($0.45)per one hundred(100)cubic feet plus a monthly demand charge for service and
meter as set forth in subsection(A)above.
C. Eligibility criteria for lifeline rate"shall be as established by city council.
D. 1. Subject to the right of access and inspection by a representative of the city,
water service customers of the city may apply for a one-time rate adjustment for any single
billing period under the following circumstances:
a. An accidental water leak has been discovered on the subject
property; or
b. A water line failure has occurred on the subject property; or
C. An unexplained, abnormal water meter reading has occurred on the
subject property even though subsequent city inspection of the water meter indicates that
the meter is functioning properly.
This rate adjustment shall not exceed fifty(50)percent of the difference between
the total amount of the billing period sought for adjustment minus the customer's average
water usage. For the purposes of this subsection, the "average water usage" shall be
computed by determining the total volume of water consumed, under normal use
conditions,during the preceding twelve(12)months and dividing that total volume by the
number of times the city would typically read the customer's water meter in a twelve(12)
month period.
2. This rate adjustment is permitted on a one-time basis only and can only be
applied to one(1)billing period.To be eligible for this rate adjustment,the affected water
system must be owned by or subject to the exclusive control of the customer and be
located between the city's water meter and owner's residence or structure. The bill sought
for adjustment must exceed two (2) times the customer's highest usage in any single
6 Water Rate Fee
n
(Gt
Hi%1 11`
billing period during the twelve (12) months prior to the billing period sought for
adjustment.
3. Following a request for rate adjustment provided under this subsection,the
city's finance director,or his/her designee,shall review the request and determine whether
or not to adjust the customer's monthly billing.In order to make a proper determination,
city staff shall be entitled to access, inspect and approve the customer's water system
repair prior to granting a rate adjustment.
4. If approved,the city shall make this rate adjustment by issuing a credit to
the customer's account after verification of leakage or water system failure, inspection of
water meter and water system,where applicable, and verification of corrective repairs.All
repairs shall occur within thirty(30)days of application to the city.
5. The owner may request reconsideration of the decision of the finance
director, or his/her designee, by the city council through the city council's operation
committee.
SECTION 4. Section 7.02.310 of the Kent City Code is amended to
increase the water rates outside the city as follows:
Sec.7.02.310 Water rates outside city.
A. The monthly rate from October 1 to April 30 is one dollar and sixty-four cents
($1.64)per one hundred(100)cubic feet plus a monthly demand charge for service and
meter, and from May 1 to September 30 the monthly charge is two dollars ($2)per one
hundred(100)cubic feet plus a monthly demand charge for service and meter. Effective
December 31, 1999,the monthly rate from October 1 to Apri130 is one dollar and sixty-
four cents($1.64)per one hundred(100)cubic feet for all use less than or equal to seven
hundred(700)cubic feet plus two dollars and nine cents ($2.09)per one hundred cubic
feet for all use greater than 700 cubic feet plus a monthly demand charge for service and
meter. Effective December 31, 1999,the monthly rate from May 1 to September 30 is two
dollars ($2.00) per one hundred (100) cubic feet for all use less than or etc ual to seven
7 Water Rate Fee
EXHIBIT ____
3� r6D.
hundred (700) cubic feet elus two dollars and forty-six cents ($2.46) per one hundred
cubic feet for all use ereater than 700 cubic feet,plus a monthly demand charge for service
and meter. The monthly demand charge for service and meter is as follows:
Meter size Charge
(inches)
5/8 x 3/4 $ 2.20
1 2.45
1 1/2 3.30
2 4.00
3 13.95
4 16.80
6 28.10
8 37.59
10 48.46
B, For lifeline qualified water service customers,the monthly rate is forty-eight cents
($0.48)per one hundred (100) cubic feet plus a monthly demand charge for service and
meter as set forth in subsection(A)above.
C. Eligibility criteria for lifeline rate shall be as established by city council.
D. 1. Subject to the right of access and inspection by a representative of the city,
water service customers of the city may apply for a one-time rate adjustment for any single
billing period under the following circumstances:
a. An accidental water leak has been discovered on the subject
property;or
b. A water line failure has occurred on the subject property; or
C. An unexplained,abnormal water meter reading has occurred on the
subject property even though subsequent city inspection of the water meter indicates that
the meter is functioning properly.
This rate adjustment shall not exceed fifty(50)percent of the difference between
the total amount of the billing period sought for adjustment minus the customer's average
water usage. For the purposes of this subsection, the "average water usage" shall be
computed by determining the total volume of water consumed, under normal use
8 Water Rate Fee
EXHIBIT
conditions,during the preceding twelve(12)months and dividing that total volume by the
number of times the city would typically read the customer's water meter in a twelve(12)
month period.
2. This rate adjustment is permitted on a one-time basis only and can only be
applied to one(1)billing period.To be eligible for this rate adjustment, the affected water
system must be owned by or subject to the exclusive control of the customer and be
located between the city's water meter and owner's residence or structure. The bill sought
for adjustment must exceed two (2) times the customer's highest usage in any single
billing period during the twelve (12) months prior to the billing period sought for
adjustment.
3. Following a request for rate adjustment provided under this subsection,the
city's finance director,or his/her designee, shall review the request and determine whether
or not to adjust the customer's monthly billing. In order to make a proper determination,
city staff shall be entitled to access, inspect and approve the customer's water system
repair prior to granting a rate adjustment,
4. If approved,the city shall make this rate adjustment by issuing a credit to
the customer's account after verification of leakage or water system failure,inspection of
water meter and water system,where applicable,and verification of corrective repairs.All
repairs shall occur within thirty(30)days of application to the city.
5. The owner may request reconsideration of the decision of the finance
director, or his/her designee, by the city council through the city council's operation
committee.
SECTION 5. —Severability. If any one or more section, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this ordinance and the same shall remain
in full force and effect.
9 Water Rate Fee
EXHIBIT
SECTION 6.—Effective Date. This ordinance shall take effect and be in
force thirty(30) days from and after its passage, approval and publication as provided by
law.
J HITE,MAYOR
ATTEST:
BRENDA JACOB , TY CLERK
APPROVED AS TO FORM:
O R41LUOVICH,CITY ATTO
PASSED: —4 day of , 1999.
APPROVED: 17 day of , 1999.
PUBLISHED: /7 day of , 1999.
1 hereby certify that this is a true copy of Ordinance No. 3��'6 passed
by the City Council of the City of Kent,Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
fSFAT)
ABRE *JER,4
CITY CLERK
P:1Civ;l\Ord inancc%W ater.Ratc.Amend.Option2.doc
10 Water Rate Fee
EXHIBIT _
� G>c �
ORDINANCE NO. 35�87
AN ORDINANCE of the City Council of the City
of Kent, Washington, adjusting the scheduled charges for
sewer service inside the City limits.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
ORDAINS AS FOLLOWS:
SECTION I. Section 7.04.280 of the Kent City Code shall be amended
as follows:
Sec. 7.04.280. Schedule of charges for service inside City limits.
The following are th sanitary sewer service charges for service inside the City
limits are in effect on the dates and in the amounts listed below.
Type of Service Charge per month
Effective until Effective on
December 31 December 31.
1999 1999
1. Single-family residential dwelling, as $25.33 JZZLL8
defined in Ch. 15.02 KCC.
2. Two-family or multiple-family residential $25.33 $27.18
dwelling, as defined in Ch. 15.02 KCC,
each unit separately charged.
3. Single-fancily residential/Lifeline: $23.41 $24.56
Eligibility criteria for Lifeline Rate shall
be established by City Council.
4. All other than single-family residential, $3.38 $3.63
shall be billed in accordance with the per 100 cubic per 100 cubic
consumption of water and at the following feet per month feet per month
rate,except that no monthly bill shall be
less than$25.33$27.18.
1 Sewer Rate Increasel
Exiima
SECTION 2. Kent City Code Section 7.04.280, which is amended by
this ordinance,shall remain in full force and effect until the effective date of this
ordinance.
SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Ordinance and the same
shall remain in full force and effect.
SECTION 4, E(/ective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as provided
by law.
J ITE,MAYOR
ATTEST:
"B2RENDAJACOBEt,�fTY CLERK
APPROVED AS TO FORM:
4RG;R A. UBOVICH, CITY ATTO
A.
2 Sewer Rate Increase
PASSED: day of � '`�'� , 1999.
APPROVED: �7 day of , 1999.
PUBLISHED:_`L day of . 1999.
I hereby certify that this is a true copy of Ordinance No. 3 passed by the
City Council of the City of Kent, Washington, and approved by the Mayor of the City
of Kent as hereon indicated.
zZ C°' (SEAL)
BRENDA JA O R, CITY CLERK
%rmtiuLLkUS SV.AMrueucxirinaa�=mS�.Cbmge..nzad1x3i99.mc
3 Sewer Rate Increase
BIT
ORDINANCE NO. 3 88
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Section 7.05.090 of the
Kent City Code by increasing the basic rate and the basin-
specific rate charged by the City storm and surface water
utility, and amending Section 7.05.160 of the Kent City
Code by amending the date for imposition of increased
connection fees in the Soos Creek Watershed(Basin H).
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 7.05.090 of the Kent City Code is hereby amended
as follows:
See. 7.05.090.System of charges.
A. There is hereby imposed a system of charges on each parcel of real property within
the city served by or to which is available for service the storm and surface water utility
established by this chapter.The charges are found to be reasonable and necessary to fund
administration, planning, design, construction, operation, maintenance, repair,
improvement, and replacement of all existing and future storm and surface water
facilities, including the accumulation of reserves and the retirement of any associated
debt.
B. The following charges are hereby established for all parcels of real property in the
city:
1. Residential parcels. Effective January 1, 1998, the single-family
residential rate shall be two dollars and forty-four cents($2.44)per month for each parcel
1 Stormwater Charges
EXHII31T
D�
having one(1)residential dwelling plus the basin specific charge of subsection BA below.
Effective December 31, 1999, the single-family residential rate shall be two dollars and
forty-seven cents ($2.47)per month for each parcel having one(1)residential dwelling
plus the basin specific charge of subsection BA below.
2. Agricultural and undeveloped parcels: Agricultural parcels shall be
charged the monthly residential parcel rate.Undeveloped parcels shall not be charged.
3. Other parcels:
a. The charge for all other parcels except residential parcels,
agricultural parcels and undeveloped parcels shall be based upon:
(1) The total amount of impervious surface as expressed in
equivalent service units (an equivalent service unit has been determined to be two
thousand five hundred(2,500)square feet of impervious surface or any fraction thereof);
and
(2) The percentage of impervious surface area on each parcel.
b. The charge for all such parcels shall be computed:
(1) By multiplying the total number of ESU's on each by the
appropriate parcel impervious multiplier; and
(2) Multiplying the results by the sum of the single-family
residential rate and the appropriate basin-specific charge.
C. Impervious multipliers are hereby established:
(1) Percentage of impervious area per parcel Impervious multiplier
(impervious surface/total surface x 100)
1 to 40 1
41 to 60 1.2
61 to 80 1.4
81 to 100 1.6
2 Stormwater Charges
(2) Impervious multipliers correlate the hydraulic impact of a
parcel to its percentage of impervious surface per parcel. The multiplier for the average
single-family residence is established as one(1).The multiplier linearly increases as the
percentage of impervious area increases. The final category has a multiplier of one and
six-tenths(1.6)which reflects the hydraulic impact on the drainage system compared to
that impact of the average single-family residence.
4. Basin-specific charges: The city shall have all lawful powers and
authorities to fix,alter,regulate and control charges within specific basins and subbasins.
The purpose of the power and authority granted in this section is to provide for charging
parcels of one (1) basin or subbasin for improvements, studies or extraordinary
maintenance which specifically and solely benefit the property owners thereof The basin-
specific charges are as follows:
Charge in dollars per ESU per month
Basin Effective date Effective date E€€eetive dais
January 1,1998 january 1,SBA
December 31,
1999
Westside
O 0.09 04)9 0.10 9.99
K, L, M, D, E, 0.13 0430.14 044
F,P &N
Eastside
Mill Creek
Upper(G) 4.07 4.W 4.11 4-.W
Lower(A) 4.81 4-4 4.86 474
ValleyDet. (0) 4.81 4.81-4.86 4.41
Garrison Creek
3 Stormwater Charges
EXHIBIT
�f dF
Lower(B) 2.02 2-.Ga 2204
Upper(J &1) 1.85 4-M 1.87 4-.85
Direct(C) 2.12 2-42 2.14 2-44
Soos Creek(IT) 0.09 2-.28 4.18 444
The boundaries of the described basins are generally indicated on Attachment A
to Ordinance No. 3461.which is on file with the City Clerk. The boundaries of the basins
and subbasins are generally defined and on file in the city clerk's office. The detailed
definitions thereof are reflected on maps filed in the engineering division of the public
works department, which are available to the public for review and/or copying during
normal business hours.
5. Water quality charges:
a. The city hereby authorizes and declares its intent to establish,
within two (2)years of the adoption of this chapter,a water quality charge which may be
added to any or all of the above rates. The purposes of such a charge will be to finance
monitoring, testing, treatment and control of pollutant discharges into the storm and
surface water system,including the exercise of all lawful enforcement powers of the city.
A plan for developing such charges, and a schedule and budget for this project shall be
submitted to the city council for review and approval within ninety(90)days of adoption
of this chapter. A system of water pollution charges for storm and surface water run-off
from all parcels of real property in the city shall be developed within two (2)years.
b. Such charges should be based upon appropriate indices of pollutant
discharges which approximate each parcel's contribution to the problem of water quality
within storm and surface water facilities including all receiving waters.
6. Undeveloped parcels shall be subject to all charges established under this
section upon development of a parcel. Development shall be determined by the date of
issuance of a building permit or any other permit for development purposes or as
otherwise established by the director of public works.
4 Stormwater Charges
Emma
Ar
SECTION 2. Section 7.05.160 of the Kent City Code is hereby amended
as follows:
Sec. 7.05.160. Connection fees. Connection fees shall be assessed against an
owner of real property at the time of issuance of a development permit for any onsite
storm or surface water drainage structure or facilities which attach or connect to, or
otherwise drain into, the system of drainage facilities as defined in KCC 7.05.050 or
where any additional surface or storm water run-off is generated and delivered or
transported through either natural or person-made watercourses to the utility's system of
storm and surface water facilities.The connection fees shall be as follows:
Basin Connection charge in dollars per month per acre
G 12.50
I 11.25
A 13.75
B 12.50
C&A 1.25
All others (except Basin H) 0.0
As of 3anuafy 1, -2890 December 31, 1999, for Basin H only (the Soos Creek
Watershed,generally),the charge per connection will be a flat fee of four hundred dollars
($400)per ESU.
The basins are as defined under KCC 7.05.090(B)(4). The charge is calculated by the
number of months from the date of adoption of this chapter to the date of issuance of the
development permit, and the acre represents the area of the property being developed.All
connection fees collected by the storm and surface water utility shall be placed in a
separate revenue account for the storm and surface water utility.
5 Stormwater Charges
EXHIBIT
SECTION 3. -Severability. If any one or more sections, subsections,or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall
remain in full force and effect.
SECTION 4. -Effective Date. This Ordinance shall take effect and be in
force thirty(30)days from and after its passage,approval, and publication as provided by
law.
JIM ,MAY
ATTEST:
BRENDA JACO , CITY CLERK
APPROVED AS TO FORM:
RO ER A. LUBOVICH, CITY ATTO
PASSED: /4. day of , 1999.
APPROVED: 17 day of , 1999.
PUBLISHED: /9 day of 1999.
I hereby certify that this is a true copy of Ordinance No. passed
by the City Council of the City of Kent,Washington,and approved by the Mayor of the
City of Kent as hereon indicated.
BRENDA JA440-
CITY CLERK
P'.`.Gi.Md'bw Zw.mDrmc'h xr-nd 121199.dx
6 Stormwater Charges
MUM
ORDINANCE NO. 3 L/?0
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section 6.03.010
of the Kent City Code increasing charges and modifying
requirements relating to public works improvement plan
approval and inspection fees.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6.03.010 of the Kent City Code is hereby
amended as follows:
Sec.6.03.010. Fees designated.
A. The public works department shall be responsible for the plan review, plan
approval,inspection and acceptance of all public works improvements, such as streets,
sidewalks and walkways, street lighting systems, storm drainage systems (public and
private) and utilities, and shall make a charge therefore to the developer. As used in
this section, the term. "developer." shall not apply to public works improvements
constructed by another agency of the state, including counties, other cities, or special
purpose districts. The charge shall be €eur- (y six 6 percent of the estimated
construction cost of said improvements.In all cases, the minimum fee shall be no less
than five hundred dollars ($500). The developer will be required to submit separate
cost estimates for each item of improvement. These will be checked by the public
1 Improvement Plan Approval
and Inspection Fees
EXHIMT
#6ff �
works department for accuracy. Alternatively,the developer may, at its option, hire an
outside consultant to conduct plan review for the city, subject to the city's prior
written approval of the selected consultant. If the developer hires an outside
consultant for plan review, the fee established herein will be reduced from six (6)
percent to four(4) percent. Monies derived from the above charges shall be deposited
to the general fund of the city. A nonrefundable deposit of fifty (50) percent of the
total fee is due and payable prior to starting the review with balance due and payable
prior to the approval of the construction plans.
B. Two (2) re-reviews of the construction plans are included in the above-noted
fee. Any additional re-reviews which are attributed to the developer's action or
inaction shall be charged at a rate of fifty dollars($50)per hour.
SECTION2. Kent City Code Section 6.03.010, which is amended by
this ordinance, shall remain in full force and effect until the effective date of this
ordinance.
SECTION3. Severabilitv. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Ordinance and the same
shall remain in full force and effect.
SECTION 4. E ective Date. This ordinance shall take effect and be in
force thirty(30) days from and after its sage, approval and pitlication as provided
by law.
r11rrE,MAYOR
2 Improvement Plan Approval
and Inspection Fees
EXHUT
rCl!' 4f, 60
ATTEST:
BRENDA JACOBE6/QITY CLERK
APPROVED AS TO FORM:
;PRYR L , AT
PASSED: /(o day of , 1999.
APPROVED: 7 day of , 1999.
PUBLISHED: /9 day of , 1999.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
4-"- (SEAL)
BRENDA JAC BE CITY CLERK
T.CinZlOrdinantellt�i+vtPlm[mpecFca.doe
3 Improvement Plan Approval
and Inspection Fees
EXHIBIT
ORDINANCE NO. 3 Y9l
AN ORDINANCK of the City Council of the
City of Kent, Washington, amending Chapter 13.05 of
the Kent City Code relating to fees for fireworks permits
and making other related amendments.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Chapter 13.05 of the Kent City Code is hereby amended
as follows:
Sec. 13,05.005010. Sale and discharge of fireworks.
A. Except as may be provided in RCW 70.77.311, no common fireworks shall be
sold within the municipal limits of the city except from 12:00 noon on the twenty-
eighth day of June to 11:00 p.m. on the fourth day of July between the hours of 9:00
a.m. and 11:00 p.m. No common fireworks may be discharged at any time except
between the hours of 9:00 am. and 11:00 p.m. on the fourth day of July.
B. The sale or discharge of common fireworks shall not be permitted on
December 31 of any given year and on January 1 of the subsequent year. The only
legal period for the sale and discharge of common fireworks are the dates and times
permitted in subsection(A).
Sec. 13.05.0N020. Local fireworks permits. Application for all local
fireworks permits required by the state fireworks law, Chapter 70.77 RCW, shall be
made to the fire marshal. The fee for such permit shall be established by city council
1 Fireworks Fees
EXHIBIT
resolution ,which amount covets the city's administrative costs
for permit processing, issuance, and inspection. Pursuant to RCW 70.77.555, this
permit fee and the costs for all needed permits and local licenses from application to
and through processing, issuance and inspection shall not exceed one hundred dollars
($100) for any one(1) year.
Sec. 13.05.45030. Public display of fireworks. The fire marshal is
authorized, pursuant to RCW 70.77.2&0f to issue a permit for a public display of
fireworks. After review and investigation of an application for a permit, the fire
marshal may grant, deny or grant with reasonable conditions a permit for a public
display of fireworks; provided,however, that any such permit shall only be issued for
the discharge of fireworks (1) on the fourth of July for fourth of July ceremonies; or
(2) for high school homecoming games. The issuance of a permit for a public display
of fireworks for a time or purpose different than stated herein is not permitted unless
approved by the city council following consideration of the review, investigation and
recommendation of the fire marshal. For purposes of this section, "school" means a
state certified public or private high school.
Sec. 13.05.040. Reckless discharge or use of fireworks. It is unlawful for any
person to discharge or use fireworks in a reckless manner which creates a substantial
risk of death or serious physical injury to another person or damage to the property of
another.
Sec. 13.05.00050. Penalty. Any person violating; the provisions of KCC
13.05.010, per-son Ailing to_obtain a Weal fireworks . ffnit . required-by KCC
13.05.948020, and 13.05.%M30 herein shall be guilty of a misdemeanor, and shall be
punished by imprisonment not to exceed ninety(90)days and a fine not to exceed one
thousand dollars ($1,000). Any person violating the provisions of KCC 13.05.040
herein shall be guilty of a Bross misdemeanor and shall be punished by imprisonment
not to exceed one (1) Xear and a fine not to exceed five thousand dollars ( 5.000Z A
person is guilty of a separate offense for each day during which he or she commits,
2 Fireworks Fees
EXHIBIT_ ___
continues or permits a violation of the provisions of this chapter.
1 n�T
SECTION2. Severability. If any one or more sections,subsections,or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this Ordinance and the same
shall remain in full force and effect.
SECTION 3. Z ective Datg. This ordinance shall take effect and be in
force thirty(30) days from and after its passage, approval and pub4ation as provided
by law. I "tem Z.A0
J1M E,MA OR
-ff LW
ATTEST:
a. c�
RENDA JACOBE Y CLERK
APPROVED AS TO FORM:
N
RO R LUBOVICH, CITY ATTORNE
PASSED: day of , 1999.
APPROVED: _17_day of , 1999.
PUBLISHED: �9 day of , 1999.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
az`�(SEAL)
BRENDA JACO CITY CLERK
P.VCinYlOrdin XFhwmbFm.doe
3 Fireworks Fees
ORDINANCE NO.
AN ORDINANCE of the City Council of the City
of Kent, Washington, relating to budgets and finance and
adopting the final 2000 fiscal year budget.
WHEREAS, the tax estimates and budget for the City of Kent,Washington,
for the 2000 fiscal year have been prepared and filed as provided by law,and the budget has
been printed and distributed,and notice has been published in the official paper of the City
of Kent setting the time and place for hearing, and that notice stated that all taxpayers
calling at the Office of the City Clerk would be furnished a copy of the 2000 budget;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT,WASHINGTON,DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Budget Adoption. Pursuant to RCW 35A.33.075,the budge
for the 2000 fiscal year, as summarized in Exhibit "A" and as set forth in the 2000
Preliminary Comprehensive Budget, which is amended by Exhibits "B" and "C," and is
further amended to incorporate all existing rates and fees established by City ordinances,
resolutions and/or administrative policies and procedures passed, adopted or enacted as o
the effective date of this ordinance; all of which are incorporated in this ordinance by this
reference as if fully set forth herein,is hereby adopted in the amounts and for the purpose
established in that budget as the final budget for the City's 2000 fiscal year.
1 2000 Budget Adoptiv
EXHIBIT
I W-5
SECTIONZ. Transmittal. The Finance Director shall transmit a complete
copy of the final adopted budget to the Division of Municipal Corporations in the Office
of the State Auditor and to the Association of Washington Cities.
SECTION 3. Adjustments. City Administration shall administer the
Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120.
SECTION 4. - Severabilitv. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid,such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION S. -Effective Date. This Ordinance shall take effect and be in
force five(5)days from and after the date of ge and public tin p ovided by law.
J ITE,MAYOR
ATTEST;
BRENDA JACOB , ITY CLERK
APPROVED AS TO FORM:
OG A. LUB VI TY ATTORNEY
2 2000 Budget Adoptio
EXHIBIT
'J.lYfi 7
PASSED: kc/�day of �-�k , 1999.
APPROVED: �day of A-A-c , 1999.
PUBLISHED: 17 day of A-� 71999.
I hereby certify that this is a true copy of Ordinance No. 3�f 99 ,passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated. Z-_
(SEAL)
BRENDA JAC ,CITY CLERK
\cMrad�6budaft 20W.ad.dx
3 2000 Budget Adoptio
EXHIBIT
3 aF�