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HomeMy WebLinkAbout3534Ordinance No. 3534 (Amending or Repealing Ordinances) CFN=110 - Water/Sewer/Drainage Rates & Policies Passed 12/5/00 Re -adopting, re-enacting, ratifying and confirming rates and fees established by Ordinance Nos. 3471;3486;3487;3488;3490;3491;3499 Amends Ords. 2374,2446,2510,2547,2596,2679,2827,2873, 289712951, 2962,3042,3058,3077,3085,3168,3140,3198,3224, 3229, 3250, 3296, 3449, 345 3, 3459, 3461, 3487, 3517, 3 5 27 Amended by Ord. 3578 (Sec. 7.04.280) Amended by Ords. 3609;3610 (Sec. 13.05.010 &.020) Amended by Ord. 3627 (Secs In Ord. 3486) Amended Amended Amended Amended Amended Amended Amended Amended 7.05.160) Amended Amended Amended Amended Amended Amended Amended Amended by Ord. 3679 (Sec. 7.02.160(c)) by Ord 3713 (Secs. 6.03.010;6.07.170;6.07.170) by Ord. 3724 (Sec. 7.04.280) by Ord. 3755 (Sec. 13.05) by Ord. 3779 (Sec 7.04.280) by Ord. 3819 (Secs. 6.07.170;7.02.300;7.02.310;7.05.090) by Ord. 3864 (Secs. 7.02.300;7.02.310;7.05.090) by Ord. 3901 (Secs. 7.02.160;7.02.300;7.02.310;7.05.090; by Ord. 3915 (Secs. by Ord. 3960 (Sec. by Ord. 3980 (Sec. by Ord. 3981 (Sec. by Ord. 3990 (Sec. by Ord. 4019 (Sec. by Ord. 4021;4060 by Ord. 4063 (Sec. 7.02.300;7.02.310) 7.02.160) 7.04.280) 7.05.090) 13.05.030) 7.02.160; 6 (Sec. 7.05 7.04.280) 07.040;6.07.170;6.03.010) 090) The date ["Beginning July 1, 1998"] has led to confusion This date will be deleted from cover sheets of ordinance/resolution revision pages This cover sheet will be deleted on electronic pages only, no other deletions or changes have been made to the document — 6/21/2012 ORDINANCE NO. 3S3Y 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 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, 1 Rate Re-enactment 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, including but not limited to the fees and rates set forth in Exhibit "C," attached hereto 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, 3488, 3490, and 3491, attached hereto as Exhibit "A," are hereby adopted and enacted as originally adopted and enacted by said ordinances, including any subsequent 2 Rate Re-enactm amendments thereto, 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, attached hereto as Exhibit `B," including but not limited to the fees and rates set forth in Exhibit "C," attached hereto and incorporated herein by this reference, 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 S. Effective Date. This ordinance shall take effect and be in force upon thirty (30) days from and after passage as provided by law. ATTEST: BRENDA JACOBER, Y CLERK 3 Rate Rate APASSED:_ day of '2000. APPROVED: - day of , 2000. PUBLISHED: t day of �h/ , 2000. I hereby certify that this is a true copy of Ordinance No. 95-3 , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. P \Cm1\0rdmmce\RateSchedu1e doc (SEAL) BRENDA JACO ER CITY CLERK 5 Rate ORDINANCE NO. 3171 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 Street Use Permits EXHIBIT WHEREAS, the City Council also fmds 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. Abutting 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 that portion 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� 2�� 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 enterally 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. �K6�9 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 place; to operate any sidewalk display, caf6 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 waLs 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. See. 6.07.030. Permit renuired. 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 permits Sec. 6.07.040. Construction and property development. 4 Street Use Permits EXHIBIT 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 appheant application is made for a permit to make an addition, alteration or repairs to a single-family residence; 2. An applie 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 anypublic place within the city and sited within the cite applicant shall first obtain a building permit for the siting of such building or structure. Sec. 6.07.050. Signs. The following_ provisions shall apply to the placement of signs on public places: A.4- Signs may be placed on a public place without a permit only as follows: 1.& Portable signs. Portable signs as defined herein may be placed on a public place without a permit upon the following conditions: f}i width of a sidewalk er- walkway to less than �� (4) fe0t, eF OthffWise impede the banner- shall be installed within fimf (4) feet ef the fhee ef etffb or- the edge of a tnweled > highwW, er- alley. 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 I EXHIBIT 5 0r tj) 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. (*. No portable sign shall be installed i placed within tom ) 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. (of. Attachment of paper, plastic, balloons, or cardboard to a sign else 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. 42. 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 i Or sv 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 1St of the year of said election(s). aftef their- use-. 63. 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. 5. Removal. Owners of signs and banners displayed for temporary 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 displace 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, 6:87.930 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. G-. OMer uses ejEpubUe:pmpeF0-. 14 shall be unlawful for- anyeae to use my pub -He Sec. 6.07.060. Street Vendors. No person shall sell, offer for sale, solicit orders, rent, lease, or otherwise peddle from a public place, using a mobile cart, using a vehicle, or by any other mobile method without first obtaining a vending permit as follows: A. Permit Application. In addition to the information required by this chapter, the applicant must provide the following before a vendingpermit 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 EXHIBIT 2. Submit written approval 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 rpt of first refusal for a permit subject to the abutting properly owner's written approval. 3. Submit an accurate drawing showingt 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 primaa product of the existing vendor's site or retail store without the written consent of said permitted vendor or retail store 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 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 city's director of Street Use Permits EXHIBIT �a y) n_..1-_ --, __ 1L_ __L__L _i._--:_, 1 CL1Ap GL11LL 1\bV1VRL1V11 VI L11V M11VV1 ULOL11NL, 11 aylyjyjVJVLL VG11LL111r, OM, 10 located within two hundred L200) 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 wM as public rights of-wgy. itsof-way. 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. 8. No person or corporation shall either pay 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 ins ected and approved by the City Fire DgRartment to assure compliance of an cooking or heating a aratus with the following rovisions: L. Deep fat, oil, or grease cooking processes employing heated liquid shall be protected by a fire extinguishing system approved 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,� ayq) -- n--------'-'- - ''---'� _1.1 C--1- -1--11 V. r1VVGAJGJ 1Gy U11111r, 11CLL1111LCLUL-,CL�', 3, 11ldLLiLL, Vl JV 11LL LUV, 0 011al111V1 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 digpIgE. C. Storage of extra fuel is prohibited in the area of vending, or in any buildings, except as permitted 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 be 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 Wen -flame cooking or cooking products producing.grease laden vapors. D. Conditions. Any person with a valid vending license issued pursuant to this chapter shall be subject to the following conditions: 1. 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 transparent enclosures, which must be approved by the director, shall not exceed five (5) feet and the vending unit 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. 5. Soliciting or conducting business with persons in motor vehicles is prohibited. 6. No merchandise shall be displa ed using street furniture (planters, street lights, trees, trash containers, etch 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 = 10 KBD vending dispenser shall be allowed. Persons conducting a sidewalk business must use a sidewalk vending unit. 7. Vendors shall not hinder use of anyphone 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 emer encu 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 midnight and 6:00 a.m. 11. Utility service connections are not permitted, except electrical, when provided by the owner of the abutting property Electrical lines aremot allowed overhead or 1 iy_n in n 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 nei boring property or create a public safpty hazard. See. 6.07.070. Sidewalk Cafes. No person may Merate a sidewalk cafe without a permit 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 EXHIBIT � 1 OF6b 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 properly 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, utilitypoles, 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 -Kinky 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 EXHIBIT - I1 47 �3) L. Regulations upon lighting and illumination of the sidewalk cafe, limitations upon noise, and restrictions upon the placement of furniture 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; R. If the sidewalk cafe causes a change in pedestrian travel patterns, 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 permission V ted 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 disvlays. The owner or manager of a business upon abutting_ property making retail sales to the public may, without a permit, display on a 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: 13 Street Use Permits EXHIBIT 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, utilitypoles, 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 may not extend more than three (33) 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 display must be li&hted and readily visible to passing_ pedestrians on the sidewalk. D. Sales of goods or merchandise displayed must occur on the abuttingprivately owned property. E. The display may not contain liquor, tobacco, firearms, munitions, or any article which a minor is prohibited by law 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 display, 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 may be applicable. 14 Street Use Permits EXHIBIT 1 N ff r�v 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: i.e. 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 an indemnity agreement and/or deposit as set forth in subsections 6.07.060 6.07.140 and 6.07.150 below. 3.o- Use of city -approved signs and barricades for the closure. Sec. 6.07.100. Master use permit. The director may issue a master use hermit for special events and other instances involving multiple uses and/or users under this chanter. 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 hermit. 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. B.Sec. 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. 6.07.948:120. Permit application. To obtain a permit under this chapter, the person shall file an application on a form furnished by the city for that purpose. Every application shall, where applicable: 15 Street Use Permits EXHIBIT= 5 i'q A.4-: Identify the property by legal description and address for which a building�a g er- fill permit is being sought or an accurate description of the public place or portion thereof desired to be used. B.-2-. Provide the use desired to be made of such public place by the applicant. C.-5 Identify the owner of the property abutting the Rublic place for which the permit is sought. being d D. For construction and property development, to the extent required by the director: L-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. work. 2.4. Identify routes to be utilized to and from the property. 3.6 Identify the contractor and subcontractor responsible for the development 4.-7-. Include the state contractor's number of such contractor or subcontractor. 5.8-. Include the city business license number of such contractor or subcontractor. 6.44: Include a copy of any building permit as required in section 6.07.050 GU 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. firm who -Ail! be aetual Sec. 6.07.&58:130. 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 auplication 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. 16 Street Use Permits EXHIBR 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 also that the proposed use of such public place will not unduly interfere with the rights of the public or unduly interfere or compete with 4aeea4 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. G eity, the applioant sha4l first ebtain a building permit fer- the siting ef seeh building e Sec. 6.07.969:140. Indemnity deposit; surety bond; liability insurance. A. , damage er- eKp ease , the The applicant shall provide a cash indemnity deposit to the depwWmnt of publie we city unless the director determines that there is not a probability of injW, damage or expense to the city arising from an applicant's proposed use of any Rublic 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. 17 Street Use Permits EXHIBIT _1 _- I I d "T 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 �LA) 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 chapter, 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—€eF 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 eapy ef the pakey shall be provided to the city for review prior to issuance of the permit. 18 Street Use Permits EXHIBIT 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.OM150. 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, fixtures, 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 to IoM nature, that it vests no permanent right whatsoever, and that pursuant to the provisions of this chapter, that the permit May revoked without cause Won thirty Q0) 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 besuspended or revoked. Sec. 6.07.080=160. Permit issuance, expiration. and renewal. A. EvM permit issued under this chapter shall be issued conditioned upon and subiect 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 depaftmefA efpablie wed director under provisions of this ehap 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 EXHIBIT l � 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 chargeA vendor renewing a permit for a business that has changed the size of the vending area or location, or who has added heating or cooking�Mparatus since the last application/renewal must follow requirements for a new application. F. Street use permits are not transferable. Sec. 6.07.IM170. Permit and inspection fees. A. The basic fee for a street use permit shall be as follows: under- subse 6.07.030A above sMI be fifty dellaEs ($50.09). The basie fee fer- a stFeet use pemiit un subseetiens 6.07.03013., G. and D. above shall be twenty five dellam 1. Sec. 6.07.040. Construction and Property Development: fifty dollars 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. 20 Street Use Permits I EXHIBIT —L— y6 ee q) Sec. 6.07.OW.180. noneomplianee. 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 notify such applicant or permittee in writing by mail or personal delivery, of the denial of a permit application or the suspension or revocation of an existing permit and the grounds therefor. B. The issuance of a permit 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 a grant 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 Rroposed use will enhance and further the public interest consistent and not in conflict with the use of the public way by theeg neral 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 citeseg neral 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. B-. The dimeter- of publie wer-ks er- designate may in writing suspend er- revoke penpAt issued hefeunder- whenever- the peFmit was issued in effer- er- on the basis of C. AU permit issued under this chapter may be suslended or revoked immediately based on one or more of the following grounds: 1. Any other license or permit issued pursuant to this chapter has been suspended, revoked, or cancelled. 21 Street Use Permits EXHIBIT- 2. The applicant has violated or failed to meet any of the provisions of this chapter or is in violation of any other ordinances or regulation of the City relating to the 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 5. The abutting property owner or legal representative withdraws consent in 6. Health Department authorization for the sidewalk food or beverage 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 For permits issued for construction and property development, the following shall 1. Streets/Storm Drains. The applicant shall continuously keep the streets storm drain system free from all debris attributed to the work performed under the building, grading, or fill permit. If this is violated, the director efpublie werks may, without advance notice and by posting the work site, suspend or revoke permit issued. No new permit will be issued or the suspension lifted until the conditions this section have been met. Where the director determines no immediate action has taken place to remedy the conditions or to obtain per- with er with the conditions of this section ' , and the director e€publie determines in his or her judgment that it is in the best interest of the that immediate action should be taken, he the director can order the work done by city or other forces. Time cost thereof shall be deducted from the indemnity fund at the cost plus fifteen (15) percent. 22 Street Use Permits EXHIBIT 217 AT -4 na.,.;,.. a n ­U: -1. _ 6ti. 1 G///LLL 1,V4 VVLKL/LGK. 1-111► V1V111 Y.111VAl 10 VV111111V11VVLL Vl jJVll V1111VLL VA AMA to obtaining the permit required by this chapter shall be immediately suspended and shall not recommence until the requirements of this chapter have been full 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 safgly 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. Any 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 (2 1) 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 stayed, except for a health, fire, or other public safety violation, pending final action by the hearing examiner. . See. 6.07,120. Per-mk not obtained. Any work whirsh is eenifflearsed e suspended and shall net r-eeefwneftee ua6l the r-equkments ef this ehapter- have bee fully safisfied-. 23 Street Use Permits EXHIBIT A/i; t3 -b Sec. 6.07.200. Administrative policies. The director may establish Sec. 6.07.210. Violation; penalties. A. Civil. Any violation of any provision of this chapter constitutes a civil violation under Kent City Code ehapte 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 ninetv (90) days. or both such fine or imprisonment. 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 affect the validity of the remaining portion of this Ordinance and the same shall in full force and effect. SECTION 3. - ffective Date. This Ordinance shall take effect and be in thirty (30) days from the time of its final approval and passage as provided by law. 24 Street Use Permits EXHIBR 2�1 X57) ATTEST: JACOBER, CITY CLERK APPROVED AS TO FORM: LUBOVICH, CI'T'Y ATTORNEY PASSED: day of 11999. APPROVED: day of 21999. PUBLISHED: day ofue-� '1999. I hereby certify that this is a true copy of Ordinance No. 3871 , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (9 -AL) BRENDA JA BE ,CITY CLERK P V.AMORDINANOVENDOR ORD 25 Street Use Permits EXHIBIT 1-- ORDINANCE NO. 341 8'b 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 I. 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 (5/8) inch by three-quarter (3/4) inch connection. Water Rate Fee EXHIBR I� 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. Five hundfod fift One thousand one hundred dollars (S550) 1 100 for each meter less than one (1) inch in size. 2 Water Rate Fee EXHIBIT 47FT 2. One thousand nine hundred fifty-eight dollars ($979) (1,958) for each one (1) inch meter. 3. Two thewmd two hun Four thousand four hundred dollars (-$2;208) ($4,400 for each one and one-half (1 1/2) inch meter. 4. Seven thousand eight hundred twenty-two dollars (7,822) for each two (2) inch meter. 5. Seventeen thousand six hundred dollars ($8;800) ($17,600) for each three (3) inch meter. 6. Thirty-one thousand two hundred eighty-four dollars ($15,642)(31,284) for each four (4) inch meter. 7. Twenty feuf theesand hundredee Fo -eight thousand eight hundred eighty-four dollars ($24;442) 4( 8.884) for each five (5) inch meter. 8. Seventy thousand four hundred dollars ($35;200) (70,400) for each six (6) inch meter. 9. Sixty two thousand five hundred seventy mine One hundred twenty-five thousand one hundred fifty-eight dollars ($62,3) (125,158) for each eight (8) inch meter. 10. Ninety seven One hundred ninety- five thousand five hundred fifty-eight dollars (9) (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. Water Rate Fee EXHIBIT --L_ X r t;v SECTION 2. Section 7.02. 180 of the Kent City Code is amended to increase temporary water use rates as follows: Sec. 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 may be 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 E.1 and 2 below. 4 Water Rate Fee EXHIBIT 1. Up to one and one-half (1 1/2) inch meter, fifty dollars ($50); 2. Two (2) inch and larger meter, one hundred dollars ($100). 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. SECTIONS. 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 1 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 1 to April 30 is one dollar and twenty-four cents ($1.24) per one hundred (100) cubic feet for all use less than or equal 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 1 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 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: property; or a. An accidental water leak has been discovered on the subject 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 EXHIBIT �' CFS billing period during the twelve (12) months prior to the billing period sought for adj ustment. 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 April 30 is one dollar and sixty- four cents ($1.64) per one hundred Q 00) 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 equal to seven 7 Water Rate Fee EXHIBIT hundred (700) cubic feet plus two dollars and forty-six cents ($2.46) 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 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 critena 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: property; or a. An accidental water leak has been discovered on the subject 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 �ih �� 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. SECTIONS. — 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 EXHIBR 1- 7�t &0 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. ATTEST: BRENDA JACOBV, TY CLERK APPROVED AS TO FORM: CITY A PASSED: day of ®�` , 1999. APPROVED: 7 day of _'1999. PUBLISHED: day of , 1999. I hereby certify that this is a true copy of Ordinance No. 3�T6 passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. PACivikOrdmanceMater.Rate Amend Option2 doe (SEAL) BRENDA J O ER, CITY CLERK 10 Water Rate Fee EXHIBIT ORDINANCE NO. 3VO 7 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 1. Section 7.04.280 of the Kent City Code shall be as follows: Sec. 7.04.280. Schedule of charges for service inside City limits. The following aye -tie 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 1. Single-family residential dwelling, as defined in Ch. 15.02 KCC. 2. Two-family or multiple -family residential dwelling, as defined in Ch. 15.02 KCC, each unit separately charged. Charge per month Effective until December 31. 1999 $25.33 $25.33 Effective on December 31. 1999 27.18 27.18 3. Single-family 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 Q'� $27.18. Sewer Rate EXHIBIT 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 anyone or more sections, subsections, 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 force thirty (30) days from and after its passage, approval and publication as by law. ATTEST: BRENDA JACOBEVIY CLERK APPROVED AS TO FORM: A. LUBOVICH, CITY AT] 2 Sewer Rate ExwISar � PASSED: day of �s'�-'� 1999. APPROVED: !� day of , 1999. PUBLISHED: 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. (SEAL) ABREND�A—J O R, CITY CLERK UCITYHALLIUSERS"WIPUBLiCIGvihOrdmuceNSMw Chargcmwndl23199doc 3 Sewer Rate Increase EXHIBIT ORDINANCE NO. 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: Sec. 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 Stormwater Charges EXHIBIT -L- Yore having one (1) residential dwelling plus the basin specific charge of subsection B.4 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 B.4 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 surface/total surface x 100) Impervious multiplier 1 to 40 1 41 to 60 1.2 61 to 80 1.4 81 to 100 1.6 2 Stormwater Charges EXHIBIT _� (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 January 1,1998 Effective date january 1, 2000 December 31, 1999 Effeet-ive date deauar- >E Westside O 0.09 0-.090.10 0-.W K, L, M, D, E, F,P&N 0.13 0430.14 943 Eastside Mill Creek Upper (G) 4.07 4.W 4.11 4-.W Lower (A) 4.81 4-.44.86 4.9 Valla Det. (0) 4.81 4.81-4.86 44t Garrison Creek 3 Stormwater Charges EXHIBIT �l e� rel Lower (B) 2.02 2-.Q 2.04 Upper (J & 1) 1.85 X851.87 4-." Direct (C) 2.12 242 2.14 244 Soos Creek (H) 0.09 2404.18 444 The boundaries of the described basins are generally indicated on Attachment A to Ordinance No. 3461, which is on file with the CityClerk. 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 SECTIDN2. 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 january 1, 28A 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 I separate revenue account for the storm and surface water utility. 5 Stormwater Charges EXHIBIT 3 4FhD 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. - Uective 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. ATTEST: BRENDA JACOEY, CITY CLERK APPROVED AS TO FORM: ROGER A. LUBOVICH, CITY ATTORIY L, PASSED: /4, day of '1999. APPROVED: 17 day of , 1999. PUBLISHED: / day of , 1999. I hereby certify that this is a true copy of Ordinance No. 211 C,5"' 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) zl�ld BRENDA JA B CITY CLERK P \c�v�no.au�ana\StormuremcnuQe ameid 123 199 d. 6 Stormwater Charges EXHIBIT 1- #4 Pfhv 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 €e(4) 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 EXHIBIT #64r �T? 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. SECTION Z 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. 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. F,fi`ective Date. This ordinance shall take effect and be in force thirty (30) days from and after itS.Msage, approval andptiolication as provided by law. MAYOR 2 Improvement Plan Approval and Inspection Fees EXHIBIT ATTEST: ,,&. "-z-' f o- " BRENDA JACOBE6,OTY CLERK APPROVED AS TO FORM: LUBOVICH, CITY A' PASSED: day of , 1999. APPROVED: / 7 day of , 1999. PUBLISHED: % day of '1999. I hereby certify that this is a true copy of Ordinance No. -3`1 9 d passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. F-\Civil*rcbv a m%iaWroveFhn-l=pWF= doe (SEAL) BRENDA JAC BE CITY CLERK 3 Improvement Plan Approval and Inspection Fees ExHierr� ORDINANCE NO. 3 Y91 AN ORDINANCE 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 L Chapter 13.05 of the Kent City Code is hereby amended as follows: Sec. 13.05.905010. 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 a.m. 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. 13.05.90020. 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 �g &�O resolution , which amount covers 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. 13.05.013030. Public display of fireworks. The fire marshal is authorized, pursuant to RCW 70.77.280, 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 'reworks. 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. 13.05.02MO. Penalty. Any Rerson violating the provisions of KCC 13.05.010. KCC 13.05.04-9020. and 13.05.9-5030 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 gross misdemeanor and shall be punished by imprisonment not to exceed one (1) year and a fine not to exceed five thousand dollars ($5,000). 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. SECTIONZ 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. g ective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and p i1 gation as provided by law. % I JIM]WHITE. MA ATTEST: RENDA JACOBEVFY CLERK APPROVED AS TO FORM: LUBOVICH, CITY A PASSED: / (o day of 1999. APPROVED: 17 day of � ti. � 1999. PUBLISHED: % day of , 1999. I hereby certify that this is a true copy of Ordinance No. I passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. P 10wd%0rdma%cckFueworbFcc9 doe z_ (SEAL) BRENDA JACO CITY CLERK 3 Fireworks Fees EXHIBIT ORDINANCE NO. 3 1/77 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, W 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 Cit} 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, HEREBY ORDAIN AS FOLLOWS: SECTION 1. Budget Ado tp ion Pursuant to RCW 35A.33.075, the budge for the 2000 fiscal year, as summarized in Exhibit "A" and as set forth in the 200 Preliminary Comprehensive Budget, which is amended by Exhibits "B" and "C," and i further amended to incorporate all existing rates and fees established by City ordinance: resolutions and/or administrative policies and procedures passed, adopted or enacted as c the effective date of this ordinance; all of which are incorporated in this ordinance by thi 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 EXHIBIT SECTION 2. Transmittal. The Finance Director shall transmit a copy of the final adopted budget to the Division of Municipal Corporations in the of the State Auditor and to the Association of Washington Cities. SECTION 3. Adjustments. City Administration shall administer Annual Budget and in doing so may authorize adjustments pursuant to RCW 35A.33.120. SECTION 4. - Severability. If any one or more sections, subsections, sentences of this Ordinance are held to be unconstitutional or invalid, such decision not affect the validity of the remaining portion of this Ordinance and the same shall in full force and effect. SECTION S. - Effective Date, This Ordinance shall take effect and be it force five (5) days from and after the date of passage and public#ti9nA'P1ovided by law, MAYOR ATTEST: BRENDA JACOB ITY CLERK APPROVED AS TO FORM: A. LUB VI H, TY ATTORNEY 2 2000 Budget A EXHIBR ..� PASSED: day of /('L , 1999. APPROVED: day of /62,e- �✓ , 1999. PUBLISHED: Z_ day of '& '1999. I hereby certify that this is a true copy of Ordinance No. 3 , p by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. �CnilOrdmen e\budge 2000 ord doe BRENDA JACQJWR, CITY CLERK 2000 Budget A ExHieR� ao�3 GOVERNMENTALFUNDS GENERALFUND SPECIAL REVENUE FUNDS Street Lodging Tax Fund Youth/Teen Programs Capital Improvement Criminal Justice Environmental Mitigation Community Block Grant Other Operating Projects DEBT SERVICE FUNDS Voted Councdmanic Special Assessment CAPITAL PROJECTS FUNDS Street Projects Parks Projects Other Projects PROPRIETARY FUNDS ENTERPRISE FUNDS Water Sewerage Golf Complex INTERNAL SERVICE FUNDS Equipment Rental Central Services Fire Equipment Facilities Fund Insurance FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension Economic Development Corp TOTAL GROSS BUDGET LESS: Internal Service Funds Other Transfers TOTAL BUDGET 2000 Budget Ordinance Exhibit A Y Inc (Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance 54,369,953 56,950,156 (2,580,203) 8,268,282 5,688,079 3,855,017 4,319,870 (464,853) 1,498,510 1,033,657 140,000 135,000 5,000 (511,205) 5,000 569,370 687,832 (118,462) 320,951 202,489 5,846,711 7,048,262 (1,201,551) 2,579,606 1,378,055 1,763,468 2,149,355 (385,887) 1,149,763 763,876 415,624 449,593 (33,969) 111,802 77,833 550,416 550,416 (116,452) 3,127,073 3,010,621 333,850 388,899 (55,049) 55,049 1,856,507 1,830,793 25,714 103,591 129,305 4,313,743 4,313,624 119 137 256 5,029,487 4,905,488 123,999 3,297,981 3,421,980 6,380,987 1,580,781 463,000 6,386,164 1,580,781 463,000 (5,177) 5,177 8,749,062 9,328,831 (579,769) 2,866,076 2,286,307 22,405,620 23,230,386 (824,766) 4,311,786 3,487,020 3,603,300 3,126,714 476,586 (511,205) (34,619) 2,485,965 2,767,488 (281,523) 2,629,514 2,347,991 5,563,523 5,888,544 (325,021) 374,079 49,058 522,481 500,000 22,481 366,204 388,685 6,473,378 6,433,183 40,195 77,377 117,572 7,056,664 7,173,116 (116,452) 3,127,073 3,010,621 231,875 246,668 (14,793) 3,726,858 3,712,065 12,000 5,814 6,186 28,557 34,743 144,572,782 150,859,977 (6,287,195) , 34,387,168 28,099,973 16,620,530 16,620,530 13, 872,422 13, 872,422 114,079,830 120,367,025 (6,287,195) 34,387,168 28,099,973 4 Extilbd- c CITY OF KENT, WASHINGTON 2000 Budget Ordinance Exhibit B 5 Inc (Dec) Beginning Ending in Fund Fund Fund Revenues Expenditures Balance Balance Balance GOVERNMENTALFUNDS ,r GENERAL FUND 54,271,454 56,863,302 (2,591,848) 8,268,282 5,676,434 Adjust property tax revenue 1,006,(721 1,006,021 1,006,021 Technical adjustments (20,000) 20,000 20,000 Reduce portion of vacancy & 932,746 (932,746) (932,746) equipment rental savings Adjust Fund Balance offsetting 10% 93,275 (93,275) (93,275) Initiative 695 adjustments Motor Vehicle Excise Tax Loss (1,040,375) (1,040,375) (1,040,375) Add Special Election Costs 70,000 (70,000) (70,000) Reduce Criminal Justice transfers (112,147) (112,147) (112,147) Add Plan Check Fees 125,000 125,000 126,,000 Adjust FD 37 Property Tax 70,000 70,000 70,000 Mayor/Admin reductions (40,307) 40,307 40,307 Employee Services reductions (107,626) 107,626 107,626 City Attorney reductions (46,147) 46,147 46,147 Finance reductions (105,275) 105,275 105,275 Planning reductions (63,746) 63,746 63,746 Information Services reductions (34,333) 34,333 34,333 Police reductions (160,000) 160,000 160,000 Fire reductions (134,286) 134,286 134,286 Municipal Court reductions (25,500) 25,500 25,500 Public Works reductions (101,563) 101,563 101,563 Parks reductions (97,601) 97,601 97,601 Youth Teen funds reallocated from 50,000 50,000 capital to lost services Adjust Fund Balance offsetting 10% (111,138) 111,138 111,138 Technical adjustment to fund balance (11,645) 11,645 11,645 Total General Fund 54,369,953 56,950,156 (2,580,203) 8,268,282 5,688,079 SPECIAL REVENUE FUNDS Street 4,466,050 4,990,870 (524,820) 1,498,510 973,690 Initiative 695 adjustments Local Registration Fee loss (611,033) (611,033) (611,033) Reith Rd/Meeker deferred (266,000) 266,000 266,000 132nd Ave & 272nd deferred (300,000) 300,000 300,000 BNSF & UPRR deferred (105,000) 105,000 105,000 Total Street Fund 3,855,017 4,319,870 (464,853) 1,498,510 1,033,657 Lodging Tax Fund 140,000 135,000 5,000 5,000 5 CITY OF KENT, WASHINGTON 2000 Budget Ordinance Exhibit B Criminal Justice Initiative 695 adjustments Motor Vehicle Excise Tax Loss Eliminate Project lighthouse transfers to General Fund Eliminate Ughthouse counseling Total Criminal Justice Fund Environmental Mitigation Community Block Grant Other Operating Projects DEBT SERVICE FUNDS Voted Councdmarnc Special Assessment CAPITAL PROJECTS FUNDS Street Projects Initiative 695 adjustments Transfers from Street Fund Reith Rd/Meeker deferred 132nd Ave & 272nd deferred BNSF & UPRR deferred Total Street Capital Projects Fund Parks Projects Initiative 695 adjustments Adopt a Park Coordinator 100% of City Arts Coordinator included in $2 / capita program Reduce Teen Fund Capital Total Parks Capital Projects 1,914,702 2,300,589 (385,887) Inc (Dec) Beginning Ending (151,234) in Fund Fund Fund 112,147 Revenues Expenditures Balance Balance Balance Youth/Teen Programs 569,370 687,832 (118,462) 320,951 202,489 763,876 415,624 449,593 (33,969) 111,802 77,833 Capital Improvement Fund 5,846,711 6,974,328 (1,127,617) 2,579,606 1,451,989 Initiative 695 adjustments (55,049) 55,049 1,856,507 1,830,793 Reassign staff to Capital program LOS 103,591 25,000 (25,000) 4,313,624 (25,000) Adopt a Park Coordinator reduced 256 48,934 (48,934) 123,999 (48,934) and transferred from General Fund 7,051,987 7,057,164 (5,177) 5,177 Total Capital Improvement Fund 5,846,711 7,048,262 (1,201f551) 2,579,606 1,378,055 Criminal Justice Initiative 695 adjustments Motor Vehicle Excise Tax Loss Eliminate Project lighthouse transfers to General Fund Eliminate Ughthouse counseling Total Criminal Justice Fund Environmental Mitigation Community Block Grant Other Operating Projects DEBT SERVICE FUNDS Voted Councdmarnc Special Assessment CAPITAL PROJECTS FUNDS Street Projects Initiative 695 adjustments Transfers from Street Fund Reith Rd/Meeker deferred 132nd Ave & 272nd deferred BNSF & UPRR deferred Total Street Capital Projects Fund Parks Projects Initiative 695 adjustments Adopt a Park Coordinator 100% of City Arts Coordinator included in $2 / capita program Reduce Teen Fund Capital Total Parks Capital Projects 1,914,702 2,300,589 (385,887) 1,149,763 763,876 (151,234) (151,234) (151,234) (112,147) 112,147 112,147 (39,087) 39,087 39,087 1,763,468 2,149,355 (385,887) 1,149,763 763,876 415,624 449,593 (33,969) 111,802 77,833 550,416 550,416 333,850 388,899 (55,049) 55,049 1,856,507 1,830,793 25,714 103,591 129,305 4,313,743 4,313,624 119 137 256 5,029,487 4,905,488 123,999 3,297,981 3,421,980 7,051,987 7,057,164 (5,177) 5,177 (671,000) (671,000) - (671,000) (266,000) 266,000 266,000 (300,000) 300,000 300,000 (105,000) 105,000 105,000_ 6,380,987 6,386,164 (5,177) 5,177 1,611,448 1,611,448 48,934 48,934 (29,601) (29,601) (50,000) (50,000) 1,580,781 1,580,781 City of Kent, Washington 2000PREUMINARYBUDGET Proposed Program Fees and Rate Changes for 2000 Budget Program Area Types of Activities Fee Range Civil Service Employment Applications — Police and Fire From $10 to $20 Finance Department Non Sufficient Fund Fee (NSA checks) Garnishment Fees $10 to $20 $101o$20 Fire Department Program to mitigate the impact of strokes Immediate transport of stroke patients Flat EMS transport fee Undetermined Undetermined $395, $12 per mile Public Works - Water Water Fees Increase 22.1%, if 1-695 passes, 39.2% Public Works - Sewer Sewer Fees Increase 6.1 % Public Works — Storm Drainage Basin H From $2.53 to $7.25 month Kent Parks and Recreation Athletics: Youth participant fee Organized sports leagues for pre- and school age youth $30 - $50 based on # of games, assoc. or non-assoc. officials, facility use Athletics: Youthsponsorship Teamsponsors for every youth team $100 per youth team Athletic player fees : Adult Organized sports leagues $25 - $35 based on activity, # of games Athletics: Adult team sponsor Organized sports leagues for adults $230 -$550 based on the # of games, cost of officials, equipment Clinics: Youth Sports 1-2 day athletic instruction $20-$35 Camps: Youth Sports Multi day athletic instruction $80 - $140 based on # of days, total hours Indoor park Drop- in park program $2.00 per visit (2"d. Child $.50) $10 per 10 visit pass Cultural classes: youth Multi week dance, music, an, movement classes, workshops $10-$100 Enrichment: youth Multi week enrichment classes 10- $100 Cultural classes: Adult Multi week dance, music, art, movement classes $10-$100 Enrichment: Adult Multi week structured classes $10-$100 Open programs Open drop- in basketball, volleyball, aerobics, senior nickleball. ring `n swin , ballroom dance $2.00 - $5.00 based on time and structure EXHIBIT,.,, E-�° City of Kent, Washington 2000PREUMINARYBUDGET Proposed Program Fees and Rate Changes for 2000 Budget Conditioning room Use of conditioning room $2.00 per day/ $12.50 per month, $37.50 per quarter Racquetball court fee 60 minutes courts use $7.00 Kids on the Block 1.5 hour educational puppet show Resident - $40, Non-resident $55 T-shirts, sweatshirts Fun run, Canterbury, Splash $15 - $30 depending on short vs. long sleeve, sweatshirt vs. t -shirt Tickets: Children's Performances Youth focus (including Missoula Children's $5.00 Theater Tickets: General/Family $6-$12 Tickets: Feature Performance Larger scale touring productions (includes $15-$25 Canterbury Gala Posters Canterbury art $7.00 Food Vendors: Special events Canterbury, Splash, Holiday bazaar $100 - $600 depending on duration, demand Craft vendors: Special events Holiday bazaar, Canterbury Fair $70 - $120 depending on duration, demand Special Event admission Canterbury, Holiday Bazaar $1.00 Canterbury Fine Art show Entrance fee for artwork $5.00 per piece Youth Special Events Kids Arts Day, Halloween Party, etc. $3.00 - $5.00 depending on duration, specialty crafts, performers, advance purchase or day of Sponsorships: Title Event Name recognition, highest level $10,000 - $25,000 (or equivalent in- kind Sponsorships: Major event On-site banner, print and promotional $1,000 - $5,000 opportunities, name may be identified w/ stage or food area, may include concerts Sponsorship: Co -s onsor One of several sponsors $500-$1000 Sponsorship: Friend of event One of several sponsors, could include single $500 or less (may include in-kind concertsponsorship donations Sponsorship: full concert series Name recognition, highest level $8,000 - $10,000 Camps: youth day camp Week long, full day, varied structured activities $110 - $140 depending on duration, additional hours Camps: specialized program May include half da or half week $45-$100 Camp Waskowitz Youth resident camp, week long $210 - $220 based on charges from Hi hline school district Trips: half day destination Includes transportation, staff coverage $10 - $40 depending on distance, duration, may include admission fees, snacks Trips: Full day destination Includes transportation, staff coverage $40 - $75 depending on distance, duration, may include admissions, snacks, meals Trips: overnight Includes transportation, staff coverage, lodging $50 - $100 per day depending on distance, lodging, meals, etc. Trips out of state or country Travel developed through professional travel Fees set by travel industry agency $3.75 ($4.00) seniors, $4.75 non - Mill Creek Cafe Open for lunch seniors L;1-24 - - =Laity of Kent, Washington 2000PREUMINARYBUDGET Proposed Program Fees and Rate Changes for 2000 Budget Special event lunch Mill Creek Cafe (theme, holidays) $5.00 seniors, $6.00 non -seniors may include entertainment Special event dinner Mill Creek Cafe (theme, holiday) $15 includes substantial meal and entertainment Vendor/booth fee: Special events Rummage sales, Holiday craft market $20 - $70 based on nature of event, duration, senior discount, electrical needs Boutiques % ofroceeds Senior handmade crafts 20% Canterbury Tea Garden Scones, coffee, tea, lemonade $1.25 - $2.50 (single item or combo Coffee Senior Center Coffee bar $.50 Cooies Copies by the page $.20 Facility Rental : Meeting rooms Hourly booking @ Commons, Senior Center, Resource Center $10 - $100 depending on size of room Facility Rental: Rece tions/S ecial events Block booking (10 hours) $300 - $800 depending on number of rooms, facility, nature of use Gym use Commons: athletic use $20 per hour Park / Shelter use Passive use park sites (includes Green River Corridor) $50 - $150 per six hour block (additional fees assessed for staff time Field use: athletics Baseball / softball (individual field, individual user Field Use: tournament Independent tournament organizer, multiple fields used Sani - Cans Electricity / Water Commons: Shower Public non -facility user $1.00 per shower, $.50 per towel Misc. Racquetball equipment balls, loves Purchased for resale for customer convenience $3.00 - $12.00 depending on best price available l25 v