HomeMy WebLinkAbout4323ORDINANCE NO. 4323
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending section
3.7O.23O of the Kent City Code to clarify and
expand the Mayor's authority to accept dedicationsto the City of all property interests commonly
related to public infrastructure improvements made
as part of private development permit approvals,
RECITALS
A. As a condition of permit approval, the development of private
property often requires the owner to build public infrastructure to ensure
adequate facilities exist to accommodate growth and impacts resulting
from the development.
B. Such public infrastructure generally includes new streets,
sewers, watermains, stormwater facilities, and frontage improvements.
Typical construction involves building curbs, gutters, and sidewalks,
installing streetlights, manholes, pipes, and valves, as well as planting
street trees and other landscaping. Once a project is completed, ownership
of the infrastructure is generally transferred or dedicated to the City for it
to control and maintain.
Re : D e d i c a t i o n of rni::rf:r:i::"";:z? ;1
C. As early as 2000, the City Council delegated authority to the
Mayor to accept some types of property interests dedicated to the City as
part of development approval. However, the current language of the
Mayor's authority in KCC 3.70.230(E)(3) can make it difficult to determine
whether the Mayor is authorized to accept a particular infrastructure
improvement. Due to the many individual parts that make up public
infrastructure and the different character of each type of improvement, it
can be challenging in some instances to label or characterize the legal
status of the property that is to be transferred. Depending on the
circumstances, infrastructure may include, or be considered, personal
property, real property, a fixture, dh appurtenance, or simply an
improvement to real property.
D. Under the current language of KCC 3.7O.23O, many
dedications of public infrastructure must be brought before Council for
acceptance, a mostly ministerial act requiring little or no substantive
review. In order to streamline the process, it is necessary to clarify and
expand the Mayor's authority to accept the dedication of all types of
property interests commonly associated with the construction of public
infrastructure as part of a private development's permit or regulatory
approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CIry OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 7. - Amendment Section 3.70.230 of the Kent City Code
entitled "Mayor approval," is amended as follows:
Amend KCC 3,7O.23O -
Re: Dedication of Infrastructure to City
2
Sec. 3.7O.23O. Mayor approval. The mayor has signatory
authority and may approve the following:
A. Contracts - Over $20,000. All purchases or work valued at an
amount in excess of $20,000 must be memorialized in a written contract
and signed by the mayor. Any contract valued at an amount of $65,000 or
less may be signed by the mayor without city council approval if funds are
available within the existing budget to pay the associated contract costs.
B. Change orders or contract amendments. The mayor is'authorized to
approve and sign change orders or contract amendments that collectively
are within 20 percent or $130,000 of the original contract amount,
including any applicable taxes, whichever amount is greater, if sufficient
funds remain within the existing project or city budget.
C. Grant acceptance, award agreements, bequests, donationq or other
gifts. The mayor is authorized to approve and sign any application
requesting grant funds for various city purposes if the grant application
requires. The mayor may also accept any grant, bequest, donation, or
other gift in the amount of $65,000 or less, and is authorized to sign all
documents necessary to receive the grant, bequest, donation, or other
gift. In determining the total grant, bequest, donation, or gift amount for
application of this section, the cost of any matching funds and the cost of
fulfilling all conditions placed on the city's acceptance of the grant,
bequest, donation, or gift must be included in the calculation. In order for
the mayor to have the authority granted by this section, any matching
funds required to obtain the grant, bequest, donation, or gift must be
available within the existing budget. Upon the city's receipt of the grant,
bequest, donation, or other gift funds as provided in this section, the
finance director is authorized to amend the budget and authorize
expenditure of the funds. The finance director may then include these
funds in the budget adjustment ordinance. All reimbursement requests,
Amend KCC 3.7O.23O -
Re: Dedication of Infrastructure to City
3
vouchers, reports, or certification statements are to be signed by the
director or designee in accordance with KCC 3.70.220(C)(1),
D. Interlocal agreements. The mayor may approve and sign any
agreement between the city and another public agency, including those
entered into under the Interlocal Cooperation Act, Chapter 39.34 RCW,
without council approval, so long as any money that may be paid or
received by the city under the terms of the agreement, or any resources
dedicated by the city to the cooperative effort, does not exceed $65,000,
and any payment or dedicated resource obligation under the agreement
may be paid through the existing budget,
E. Real property interesfs. The mayor is specifically authorized to do
the following:
1. To acquire and convey rights-of-way and other property
interests by lease or purchase when the city council has dedicated
sufficient funds for the lease or purchase within the existing annual budget
or project budget.
2. To enter into any lease or other agreement conveying an
interest in real property where the total annual amount paid or received
under the agreement, or the total annual fair market value of the real
property interest conferred, is $25,000 or less. However, no authority
delegated under this section shall authorize approval of a lease or other
agreement conveying an interest in real property for a term greater than
two years, including all options to renew, without express approval of the
city council.
3. To accept land, attachments, fixtures, improvements,
appurtenances, and other real or personal property interests that are
dedicated to the city as a condition of a private developer's development
Amend KCC 3.7O.23O -
Re: Dedication of Infrastructure to City
4
permit or regulatory approval, or to release the same as part of such
development approval, subject to prior review and approval by the city
attorney.
F. Surplus. Except for real property, or utility equipment and property
as provided for in RCW 35.94.040, as the same may be later amended, or
property that is sold to another governmental entity that is valued over
$50,000 as provided for in RCW 39,33.020, as the same may be later
amended, the mayor, upon a director's recommendation, is authorized to
surplus equipment or property the mayor determines is surplus to the
city's needs, and the mayor may sell or otherwise dispose of such
surplused equipment or property for fair market value or as otherwise
allowed by law.
G. Pass-through fee contracts. Service contracts entered into at no or
a nominal cost to the city, but that result in any associated fee or charge
being passed through to a party other than the city, such as an agreement
with a collection company, may be approved and signed by the mayor,
subject to prior review by the city attorney.
H. Emergency. If an emergency exists as provided for in KCC
3.7O.110(B), the mayor may sign all documents and take all actions
necessary to address the emergency. If council approval would have been
required by KCC 3.7O.24O, the city council shall be subsequently notified,
but formal ratification is not required.
I. Collective bargaining agreements. Unless the terms of a collective
bargaining agreement provide otherwise, the mayor is authorized to sign
all agreements, or subsequent amendments to those agreements, with the
city's bargaining units if the financial impact of the agreement or
amendment is valued at $130,000 or less, and sufficient funds remain in
the city's budget to cover that financial impact. If the financial impact is
5 Amend KCC 3.7O.23O -
Re: Dedication of Infrastructure to City
greater than $130,000, or if sufficient funds do not exist within the budget
to cover the financial impact, council authorization must first be obtained
before the mayor is authorized to sign the agreement or amendment.
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is 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. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 4, - Effective Date. This ordinance shall take effect and
be in force 30 da v s from and after its passage, as provided by law.
May 21. 2OL9
DANA RALPH Date Approved
ATTEST:
bi lt bovcz
Calvtor't
KIMBERLEY A OTO, CITY CLERK
APPROVED AS TO
ITY ATTORNEY
Mav 21.zOLg
Date Adopted
Mav 24.2019
Date Published
6 Amend KCC 3.7O.23O -
Re: Dedication of Infrastructure to City
RTHUR'P FITZPATRI
STATE OF WASHINGTON, COUNTY OF KING }AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn on oath that she is the
Publisher of the
Kent Reporter
a weekly newspapor, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King county, washington. The
Kent Reporter has been approved as aLegal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice
was published on May 24th,20t9.
The full amount of the fee charged for said foregoing publication is the
sum of$1
Polly Shepherd
Publisher, Kent Reporter
Subscribed to me this 24th day of May,2019.
Gwin, Notary Public for the State of Washington, Residing in
Covington, Washington
12 Friday, May 24,2019 Kent Reporter
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Citv ol Kent, Washinoton
Published in the -Kenr
Reporler l\ray 24 and
May 31, 2019. #857580
-ow
oF KEitr
NOTICE OF
BESOLUTIONS AND
ORDINANCES
PASSED BYTHE
CITY COUNCIL
The followino are sum-
maries of th; resolulions
and ordinances passed
by the Kenl City Council
on [ray 21, 2019.RESOLUTION NO.
1981 . A RESOLUTION
of the Citu Council of the
City of kenl, Washino-
lon, adopling the 2020
through 2025 Six-Year
Transporiation lmprove-
ment Program.
This resolution shall take
effecl and be in lorce im-
mediately upon its pas-
sage.RESOLUTION NO.
i982 - A RESOLUTION
of the Citv Council of lhe
City of kent, Washing-
lon, recognizinq FlowerCourt Neiohborhood
Council.
This resolution shall take
etfect and be in lorce im-
medialely upon its pas-
sage.
ORDINANCE NO. 4323. AN ORoINANCE of
the City Council of the
City ol Kent, Washing-ion, amendino section
3.70.230 of lhe Kent Citv
Code to clarifu and ex'-
pand lhe lrdyor's au-
lhority to a@epl dedica-
lions to the City of all
property interesls com-
monly related to public
infiastructure improve-
ments made as parl ol
private developmonl per
mit approvals.
This ordinance shall take
etfect and be in force 30
days from and after its
passage, as provided by
law.
OBDINANCE NO. 4324- AN ORDINANCE of
the Citv Council ol the
City oi Kent, Washlng'
lon, approving the con.
solidating budget adjust-menls made between
January 1, 2019 and
irarch 31, 2019, retlecl-
ing an overall budget in-
crease ol $12,932,103.
This ordinance shall take
etfect and be in force
five days after publica-
lion, as provided by law
A copy ol the complete
text of any ordinance or
rsolution will be mailed
upon requsl of the City
Clerk.
Kimberley A. Komoto,
City Clerk
253-856-5725
Citycl6rk@ KentWA.gov
Published in the Kent
Reporter May 24, 2019.
#857698
DOCUMENTS
Plans, sp@ifications, ad-
denda, and bidder's listfor this project is
available throuoh Kent
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Vendors by going tol
http://bva.com and se-Itrling "PostedProjects", "PublicWorks", scroll to
"Education" and "Kent
School Districtl' Biddersare encouraoed to
"Begistef'ln orier lo re-ceive automatic email
notification of tuture ad-
denda and lo be placedon lhe "Bidder's Lisf'
This on-line plan roomprovides Bidders wlth
fully usable on-line d@u-
menls with the abilitv io
download, prinl to iourown prlnter, order fulYpartial plan sets from
hundreds of reprograph-ic sources (online print
order form), and a free
on-line dioitizer/take-otftool. Condct Builders
Exchange ot Washing-ton at (425) 258-1303
should you require as.
sistance.
and spsifica-
also be exam-
Legal Noilc€s
INVITATION TO BID
The Kent School Districl
extends an invitation to
qualilied General Con-
kactors to bid the con-
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MANbATORY SIfE
INSPECTION
Sile lnspectionl Gen-eral Conlractors in.tending to submit$aled bids must at.tend lhe mandatorusite inspecUon contei.ence held at theschool, Meet in the
print&
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24n
Office
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L€gal Notlces
outslde the
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PINE TFEE
MULTI.
FOOM
118TH Avenue
wA 98030
arriving atter
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ASSESSMENT
INSTALLMENT
NOTICE
LOCAL
IMPROVEMENT
DrsTRtcT #362
CITY OF KENT
ln the
bid
msoundclassifieds"
(om
email:
rlassified@
mundpublishing.
(om
call tollfree
rJ88.399.3999
or
1.800.388,2527
,ik,
. V'lsfr i
Reach over a mlllion
potential customers
when you advertise in
the Seruice Directory
CallS)G3S&25Zor
ww.SoundClssitieds.m
For conslruction ol im-
provements along EastValley Highway (84th
Avenue Soulhl lrom SR167 to South 2121h
Street as provided bv
Ordinance No. 3833.
Notice is hereby given
thal the eighlh (8th) in-
slallmenl ol the ass6s-ment levied for the
above named improve'
ment, comprisinq Local
lmprovemenl Dislrict No.362 under Ordinance
No.3997, is now due
and payable and unless
payment is made on or
before June 10, 2019,
said installm€nt will be
delinquent, will have a
penalty ol nine point five
(9.5) percent added, and
the collection of such de-
linquent inslallment will
be enforced in lhe man-
skuction project
after identified
here- sumas lhe each
Pine Tree Elemeniary
Multipurpose Room.
Proiect Scheduled Bid
DateSealed construction
amount of
be the
Dislricl ei-
ther check or
bid i$ued by a
surety company licensedlo conduct business in
KENT CITY COUNCIL
NOTICE OF
PUBLIC HEARING
the
tion:
bids will be due at, or
belore 2:00 P.M, Tues-
day. June 18th.2019
at the following loca-
Washinqton State.
Dated ihis 15lh Dav ol
May 2019
Dr. Calvin J. Watts
Secretary to Kent School
Dislrict Board
Published in the KentRepotlet May 17, 24,
2019. #856944
KENT SCHOOL
DrgTRtcT NO.415
ADMINISTRATION
CENTER-BUILDING 'B'
12033 SE 256th Skeet
Kenl, Washinglon
98030.6643
PROJECT SCOPE
The Kent School District
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