HomeMy WebLinkAbout4474 ORDINANCE NO.4474
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various sections
of Chapter 3.70 of the Kent City Code, entitled
"Public Contracting and Procurement" to add options
for the procurement of public works; to recodify
Showare Center purchasing authority for clarity; to
delegate the authorization of certain software
renewals to the Mayor; and to delegate the
authorization of insurance contracts and renewals to
the Mayor.
RECITALS
A. Washington public agencies are authorized by RCW 39.34.030
to use another agency's bid award to streamline public purchasing while still
utilizing a competitive process to obtain the lowest price. This ordinance
removes a restriction on utilizing other agency's bid award on public works
projects, giving the City an additional procurement option when appropriate.
B. The contracting authority currently delegated to the operator
of the Showare Center is codified as a competitive bidding exemption,
despite it technically delegating contract approval authority. This ordinance
partially reassigns this provision to Part 4 of Chapter 3.70 in order to clarify
this delegation of authority.
C. The City often enters into software contracts that allow for
indefinite periods of renewal for subscription or maintenance fees. Currently,
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once these renewals cumulatively reach the contract amendment thresholds
identified in Part 4 of Chapter 3.70, the City's Information Technology
Department must request additional authorization from the City Council,
despite the costs for these renewals being included within Council's
approved budget. This ordinance allows the Mayor to authorize contract
renewals so long as there are sufficient funds budgeted to cover those
contract costs.
D. The City generally renews its liability and property insurance
policies semiannually. The timing of these insurance renewals requires the
City to act quickly to authorize these agreements in order to maintain
coverage. This ordinance allows the Mayor to authorize and sign contracts
to purchase or renew insurance coverage within established budgets.
However, this approval would be conditioned upon the Risk Manager
reporting to Council at a future public meeting any changes in coverage or
deductibles.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 3.70.110. Section 3.70.110 of the
Kent City Code entitled "Exceptions to competitive bidding requirements", is
amended as follows:
Sec. 3.70.110. Exceptions to competitive bidding
requirements. The competitive bidding requirements set forth in KCC
3.70.080 and 3.70.090 shall not apply to those instances set forth in this
section. Nothing in this section can act to waive the authorization
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requirements established in Part 4 of this chapter, KCC 3.70.210 through
3.70.240.
A. Waiver for purchases. The mayor may waive the bidding requirements
for the purchase of goods, materials, equipment, or services that are not
part of a public work upon a finding that:
1. The purchase is clearly and legitimately limited to a single
source of supply within the near vicinity; or
2. The purchase is subject to special market conditions, or
involves special facilities or services; or
3. The bidding requirements would otherwise not be practicable
or in the city's best interests under the circumstances.
If a waiver is appropriate, the director shall prepare a memo to the mayor
outlining the reasons for the requested waiver. If the mayor authorizes the
waiver, the purchase may be completed by direct negotiation. The document
evidencing the waiver granted by the mayor shall be maintained with the
contract on file with the city clerk's office in accordance with KCC 3.70.050.
B. Waiver in emergency. When any emergency, including a public work
emergency, requires the immediate execution of any contract, or
authorization of any purchase, work, or change order or amendment to an
existing contract, the mayor shall have the power to waive competitive
bidding requirements and award all contracts necessary to address the
emergency situation.
1. Emergency defined. An emergency, as that term is used in this
section, shall have the same meaning as provided in RCW 39.04.280(3), as
the same may be later amended.
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2. Emergency declared. If the competitive bidding requirements
of this chapter are waived due to an emergency, the mayor shall issue a
written finding of the existence of an emergency. This written finding, along
with the resulting contract, shall be on file with the city clerk's office and
available for public inspection no later than two weeks after the contract is
awarded. If an emergency procurement or contract exceeds $65,000, the
city council shall be subsequently notified, but formal council ratification is
not required.
C. Professional and technical consultant contracts. Contracts entered
into with professional or technical service consultants are not required to
follow the competitive bidding requirements provided for in KCC 3.70.080,
but may be entered into through direct negotiations. In contracting with
professional or technical service consultants, it is incumbent on staff to seek
the best price available under the circumstances, acting not only under
existing market conditions, but also as a cautious steward of city resources.
The following is a nonexclusive list of the type of professional or technical
service consultants to which this subsection is intended to apply:
1. Licensed consultants. Consultants whose practice is certified or
licensed by the state Department of Licensing, other state board, or similar
agency, including, without limitation, real estate appraisers and brokers,
attorneys, and accountants. This exception, however, does not apply to
consultants who perform architectural, engineering, and land surveying
services, which are subject to the provisions of KCC 3.70.070.
2. Health care and investment contracts. Contracts entered into
by the city to provide employee health care insurance coverage, or to
provide employee investment services.
3. Administration services for liability claims and workers'
compensation claims. Contracts entered into by the city for insurance
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brokerage services, third-party administrator services for liability claims,
and third-party administrator services for workers' compensation claims.
4. Professional training and employee recruitment. Contracts
entered into by the city to provide professional development or other
training to city employees, volunteers, or elected officials, or to recruit for
high level or specialized employee positions.
D. Technology contracts. In consultation with the city's technology
department, purchases of hardware, software, maintenance, and associated
technical support, training, and licensing, may be made without regard to
the bidding requirements provided for in KCC 3.70.080 and 3.70.090 and
may be entered into through direct negotiations. However, staff shall make
reasonable efforts to obtain the best price available under the
circumstances.
E. Cultural performances, events, and public art. The performers and
artists selected by the cultural programs division of the city's parks,
recreation, and human services department to perform at various events, to
create public art for the city, or the contractors and vendors hired to provide
services and equipment related to those performances, events, and art are
solicited based on artistic quality, balance of genres, prominence,
marketability, technical requirements, and ability to coordinate those events
with minimum city staff involvement. Given the unique nature of these
performers and artists and the need for multiple individuals and contractors
to work together to successfully coordinate and conduct each performance
or event, contracts to retain performance or artistic services or to conduct a
performance or other cultural event, including without limitation support
services provided by sound technicians, caterers, or other similar trades, are
not required to follow the competitive bidding requirements provided for in
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KCC 3.70.080, but may be entered into through direct negotiations with the
city.
F. Interlocal agreements or cooperative purchase agreements. The
bidding procedures for purchases established under this chapter need not
apply to interlocal agreements or cooperative purchase agreements with
another public agency or agencies for joint or cooperative action. Interlocal
agreements should, however, include the minimum standards provided for
in Chapter 39.34 RCW. While this exception waives any competitive bid
process, the interlocal agreement or cooperative purchase agreement must
still be authorized in accordance with Part 4 of this chapter, unless the city
attorney is consulted and advises otherwise.
G. Use of another public agency's bidding procedures. The competitive
bidding procedures established in this chapter shall not apply to purchases
or the procurement of public works made from a contractor or vendor who
was awarded a contract using another public agency's established
procurement process for substantially the same purchase. The city's reliance
on the other public agency's process shall constitute compliance with the bid
requirements of this chapter.
z� n„ ii rites i ..,
. crd-St^vn- n�-ry
. However,
bid ffecess is satisfied undeF this a contract between the city and
the awarded contractor or vendor is required and must be authorized in
accordance with Part 4 of this chapter, unless the city attorney is consulted
and advises otherwise.
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H. Delegated purchasing authority.
1. Purchases. Purchases made by a third party under purchasing
authority delegated to it through a contract approved by the city council are
not required to follow the competitive bidding requirements provided for in
KCC 3.70.080. As an example, this waiver would apply to an operator the
city has entered into a contract with to operate and maintain a public facility.
Under this waiver, if the operator's contract provided the operator was to
purchase all paper or catering supplies, that purchase would not be subject
to the competitive bid process set forth in KCC 3.70.080.
2. Kent Special Events Center (ShoWare Center). Management
and operation of the ShoWare Center is unique to city operations. Efficient
management requires flexibility to move quickly to respond to market
requirements for concerts, sporting events, and other offerings. The
ShoWare Center operator, a national company that operates similar venues
throughout the United States, also has access to special pricing and
conditions that otherwise might not be available if the city operated as a
stand-alone enterprise. Based on this unique venue and with the continuing
obligation that the operator always obtain the best available pricing on all
purchases of goods or services, the ShoWare Center operator is authorized
to purchase goods or services as needed so long as the operator does not
exceed the established budget and otherwise complies with the contract
approval requirement of KCC 3.70.210(D)
GeRte .
3. Public works. While council may delegate in a contract the
authority for a third party to procure a public work, the third party shall
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comply with any required competitive bid process applicable to the city for
the public work.
I. Pass-through grant agreements. Contracts the city enters into with
community-based social and human service providers, including
subrecipients of grant funds received from the Community Development and
Block Grant (CDBG) Program, are not required to follow the competitive
bidding requirements provided for in KCC 3.70.080 for purchases, but may
be entered into through direct negotiations with the city, or in accordance
with any competitive process required under federal or state law as a
condition of the grant.
J. Pass-through fee contracts - No financial impact to city. Service
contracts entered into at no or a nominal cost to the city, but result in any
associated fee or charge being passed through to a party other than the city,
including but not limited to an agreement with a collection company, need
not comply with the competitive bidding requirements provided for in KCC
3.70.080 and may be entered into through direct negotiations with the city.
K. Community service organizations. The city may enter into contracts
with community service organizations without regard to the bidding
requirements provided for in KCC 3.70.080. If the community service
organization will perform a public work or improvement project, the value
of the community service organization's contribution will not be included
within the public work's bidding threshold under KCC 3.70.090 only if the
requirements of RCW 35.21.278, as the same may be later amended, are
met, including:
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1. The organization is a chamber of commerce; a service
organization; a community, youth, or athletic association; or other similar
association located and providing service in the immediate neighborhood;
2. The work the organization will perform involves drawing design
plans, making improvements to a park or public square, installing equipment
or artwork, or providing facility maintenance services as a community or
neighborhood project;
3. The value of the benefit the city receives from the public work
or improvement is at least equal to three times that of the city's payment to
the organization to reimburse the organization for its expenses; and
4. All payments made by the city to qualifying service
organizations in any one year under this competitive bid exception do not
exceed $2 per resident or $25,000, whichever amount is greater.
L. Auctions. The city may purchase supplies, equipment, or materials at
auctions conducted by the United States government or any of its agencies,
or by the state of Washington and any of its political subdivisions, without
being subject to the bidding requirements of this chapter.
M. Recycled products. Nothing in this chapter shall prohibit the city from
preferentially purchasing products made from recycled materials or products
that may be recycled or reused, pursuant to Chapter 3.80 KCC or Chapter
43.19A RCW.
N. Lodging tax grant awards. If the city is awarded a grant by city council
through the lodging tax advisory committee process for the purchase of
goods, materials, equipment, or services, not included within a public work,
that purchase is not required to follow the competitive bidding requirements
provided in KCC 3.70.080, and a contract for such purchase may be entered
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into through direct negotiations. The procurement of architectural,
engineering, and land surveying services, however, remains subject to the
requirements provided in KCC 3.70.070.
SECTION 2. - Amendment - KCC 3.70.210. Section 3.70.210 of the
Kent City Code, entitled "Contract required and approval necessary", is
amended as follows:
Sec. 3.70.210. Contract required and approval necessary. After
complying with the competitive bidding process provided for within Part 2 or
Part 3 of this chapter, all work or any purchase authorized with a particular
vendor, consultant, or contractor that cumulatively is expected on a
particular project to exceed an annual amount of$20,000 must be in writing,
and approved according to the authority provided for within this Part 4. The
thresholds provided in this section are to be evaluated based upon the total
cost of the purchase or work, including applicable sales tax.
A. Contract log. The city clerk will maintain a log of all new contracts
executed by the city and delivered to the city clerk's office in accordance
with KCC 3.70.050. Each department must confirm that all contracts are
routed to the city clerk's office. The operator of the Kent Special Events
Center (ShoWare Center) will also maintain a record of all contracts entered
into over $25,000 and report those contracts to the city clerk.
B. Exception to contract requirement. If sufficient funds exist in the
approved budget, a written contract may not be required if: (1) another
agency's bid process was relied upon as authorized under KCC 3.70.110(G);
(2) contracts bid or negotiated by another agency allow the city to receive
under that contract on substantially the same terms; and (3) the city
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attorney has determined the contract between the bidding agency and the
awarded contractor or vendor sufficiently protects the interests of the city.
C. Estimated procurement costs. When determining whether director,
mayoral, or council approval is required for any contract, and the total cost
of the contract is unknown because a definite term or unit amount cannot
be reasonably determined, the procurement cost, for the purpose of
establishing appropriate contract approval procedure, is the estimated
annual cost of the procurement, including any estimated sales tax.
D. Approval of ShoWare Center contracts. Contracts for goods and
services entered into by the ShoWare Center operator are otherwise exempt
from the authority requirements within Part 4 of this chapter, provided that
contracts over $25 000 must first be approved by the chief administrative
officer. The operator will also provide the mayor and council with a monthly
audit report documenting financial activities at the ShoWare Center.
SECTION 3. - Amendment - KCC 3.70.230. Section 3.70.230 of the
Kent City Code, entitled 'Mayor approval", is amended as follows:
Sec. 3.70.230. 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 $100,000 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.
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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 $200,000 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, donations, 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 $100,000 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, vouchers, reports, or certification statements
are to be signed by the director 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
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by the city under the terms of the agreement, or any resources dedicated
by the city to the cooperative effort, does not exceed $100,000, and any
payment or dedicated resource obligation under the agreement may be paid
through the existing budget.
E. Real property interests. 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
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. 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
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collection company, may be approved and signed by the mayor, subject to
prior review by the city attorney.
G. Emergency. If an emergency exists as provided for in KCC
3.70.110(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 3.70.240, the city council shall be subsequently notified,
but formal ratification is not required.
H. 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 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.
I. Contracts with temporary staffing firms. Temporary staff may be
retained through staffing firms that provide temporary employees to work
for the city. The mayor is authorized to sign contracts with staffing firms for
temporary employees for technical, programming, and project support
professionals, as well as architects, engineers, and other professionals when
the contract term does not exceed 18 months and the contract value does
not exceed $200,000. Funding for contracts approved by the mayor under
this section shall be within the contracting department's established budget.
In the event a contract was signed by the mayor under this section, and it
is later determined that the length or cost of the contract will exceed the
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time or amount provided in this section, the mayor's change order or
amendment authority shall not apply and the department director shall bring
the matter before the city council for consideration of ratification. Nothing in
this section shall limit the authority of department directors or the mayor as
provided in other sections of this chapter.
J. Contracts for software renewals with periodic subscription or
maintenance. The mayor is authorized to sign renewals of software contracts
that utilize periodic subscription fees for use or maintenance of the
contracted service if there are funds available within existing budgets to pay
the associated contract cost. Any initial agreement to purchase software or
software as a service must still be authorized in accordance with Part 4 of
this chapter.
K. Insurance coverage contracts for city property and interests. The
mayor is authorized to sign agreements to purchase or renew insurance
coverage for the City so long as funds are available within established
budgets to pay the associated premium costs. Subsequent to any insurance
purchase or renewal whose premium exceeds $100,000, the City's Risk
Manager or designee will make an informational presentation to the City
Council reporting the purchased coverage, the cost of that coverage, and
any change in deductible amounts or coverage.
SECTION 4. - 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.
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SECTION 5, - 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 6. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage as provided by law.
November 21, 2023
DANA RALPH, MAY Date Approved
ATTEST:
LU-W � W November 21, 2023
KIMBERLEY 6
KOMOTO, CITY CLERK Date Adopted
November 24, 2023
Date Published
APPR AS O FORM:
T P1W H ITE, CITY ATTORNEY
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Kent Reporter
Affidavit of Publication
State of Washington)
County of King ) ss
Rudi Aleott being first duly sworn, upon oath
deposes and says: that he/she is the legal
representative of the Kent Reporter a weekly
newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a weekly newspaper in
King County, Washington and is and always
has been printed in whole or part in the Kent
Reporter and is of general circulation in said
County, and is a legal newspaper, in accordance
with the Chapter 99 of the Laws of 1921, as
amended by Chapter 213, Laws of 1941, and
approved as a legal newspaper by order of the
Superior Court of King County, State of
Washington, by order dated June 16, 1941, and
that the annexed is a true copy of KEN987743
ORDS 4474- as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
11124/2023 and ending on 11/24/2023 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
5244.17.
Subscribed and sworn before me on this
day of �{� q
EXP
NaTA R
N ry Public in and for the State of ( 1.
• P AC QZ�;
Washington. }4 y` ' C2 .
City oFKcnL Cin•Clerk-LEG.\LADS i 5033133' .`
KluKomoro or WASN� ,�`
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE KENT
CITY COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council on November
21.2023.
ORDINANCE NO.4474
-AN ORDINANCE of the
City Council of the City
of Kent, Washington,
amending various sec-
tions of Chapter 3.70 of
the Kent City Code,enti-
tled "Public Contracting
and Procurement'to add
options for the procure-
ment of public works; to
recodify ShoWare Cen-
ter purchasing authority
for clarity; to delegate
the authorization of cer-
tain software renewals to
the Mayor,and to dele-
gate the authorization of
insurance contracts and
renewals to the Mayor.
This ordinance shall take
effect and be in force
thirty days from and after
its passage as pfmided
by law.
ORDINANCE NO. 4475
-AN ORDINANCE of the
City Council of the City
of Kent,Washington,ap-
proving the consolidating
budget adjustments
made between Juir 1,
2023 and September 30,
2023,reflecting an over-
all budget increase of
$4,079,264. This ordi-
nance shall take effect
and be in force fire days
after publication,as pro-
vided by law.
ORDINANCE NO. 4476
-AN ORDINANCE of the
City Council of the City
of Kent, Washington,
amending the Kent
Comprehensive Plan
and its Capital Facilities
Element to reflect a s x-
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Classified Proof
year plan for capital im-
provement projects, the
six-year Capital Im-
provement Plan of the
Puget Sound Regional
Fire Authority, and the
six-year Capital Facilities
Plans of the Kent, Au-
bum, Federal Way, and
Highline School Districts
(2024-2029). This ordi-
nance shall take effect
and be in force 30 days
from and after its pas-
sage, as provided by
law.
ORDINANCE NO. 4477
-AN 1=1 NANCE of the
City Council of the City
of Kent, Washington,
amending Sections
12.13.040, 12.13.130,
12,13.160, 12.13.170.
and 12.15.040,and add-
ing new section
12.15.130 of the Kent
City Code to adjust the
school and fire impact
fee schedules_This ordi-
nance shall take effect
and be in force 30 days
from and after its pas-
sage, as provided by
law
ORDINANCE NO.4478
-AN ORDINANCE of the
City Council of the City
of Kent, Washington,
levying 2023 property
taxes for the second
year of the 2023-2024
biennial budget for the
City of Kent. This ordi-
nance shall take effect
and be in force five days
after the date of its publi-
cation as provided for by
RCVJ 35A.11.090 and
RCW 35A.12.130; how-
ever, the property tax
levied through this ordi-
nance shall not be as-
sessed for collection un-
blJanuary 1,2024-
ORDINANCE NO. 4479
-AN ORDINANCE of the
City Council of the City
of Kent,Washington.re-
Eating to the mid biennial
review and modification
of the 2023-2024 biennF
at budget as required by
RCW 35A.34.130 and
Ordinance No. 4451;
adopting certain modif-
cations to the 2024 bud-
get;and establishing an
effective date.This ordi-
nance shall take effect
and be in force five days
after the date of its publi-
cation as provided for by
RCW 35A.1 1.090 and
RCW 35A.12.130: how-
ever,the budget author-
ized through this ordi-
nance shag be effective
January 1,2024.
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Clerk
KkomntoCcr KentWA.goy
253-856-5725
tf987743
1112423
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