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HomeMy WebLinkAbout6718 ORDINANCE NO. 6718 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO ADMINISTRATIVE FEES, AMENDING SECTIONS 5.10.030 AND 13.06.511, AND CHAPTERS 20.06, 20.08, AND 20.10 OF THE AUBURN CITY CODE WHEREAS, Section 5.10.030 of the Auburn City Code ("ACC") establishes a general business license fee, but a new fee was adopted in the City's Master Fee Schedule; and, WHEREAS, ACC 13.06.511 establishes certain utility administrative fees, some of which are also included in the Master Fee Schedule; and, WHEREAS, Chapters 20.06, 20.08, and 20.10 ACC establish certain franchise- related fees; and, WHEREAS, staff recommends that all administrative fees be established in the fee schedule so that amendments are more easily managed, and so that fees are easier for the public to find. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 5.10.030 of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Amendment to City Code. Section 13.06.511 of the Auburn City Code is amended to read as shown in Exhibit B. Section 3. Amendment to City Code. Section 20.06.180 of the Auburn City Code is amended to read as shown in Exhibit C. Ordinance No. 6718 April 22, 2019 Page 1 of 15 Rev.2018 Section 4. Amendment to City Code. Sections 20.08.020 and 20.08.140 of the Auburn City Code are amended to read as shown in Exhibit D. Section 5. Amendment to City Code. Section 20.10.280 of the Auburn City Code are amended to read as shown in Exhibit E. Section 6. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Section 7. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 8. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: MAY 2 0 2019 PASSED: MAY 2 0 20 MAY 2020T9 APPROVED: • 044kid ANCY B 111 , MAYOR ATTEST: APPVVEkckS TO FORM: Shawn Campbell, MMC, City Clerk Steven L. Gross, City Attor y Published: K uta '54 � 7 Ordinance No. 6718 April 22, 2019 Page 2 of 15 Rev.2018 ----------------------- Ordinance No. 6718 April 22, 2019 Page 3 of 15 Rev.2018 EXHIBIT A 5.10.030 Fees. Annual license fees arc predicated upon the following schedule shall be as established in the City's Fee Schedule. Organizations exempt from taxation under 26 USC 501(C) (3) and (4) are exempt from paying license fees. Those organizations must be able to show satisfactory proof of status. A—Organizations exempt from $-0- taxation under 26 USC 501(C), }-and-L4_1—Seeh erga izations must be able to chow satisfactory preef-of-such status to the-city B. General business enterprises $50.00 C. Specific types of business enterprises identified elsewhere in this title or in the city code other titles of the-Auubur amity Bode O. Re issuance of lost, stolen or $500 destroyed license E. For the 2010 calendar y ar only,the renewal fee for business licenses for the period of July 1, 2010 to-Secernber-3a, 2010- hall-be$2 . of-the-•required-renewal fee. (Ord. 6309§ 1, 2010; Ord. 5754§ 1, 2003; Ord.4864§ 1, 1996; Ord.4242 § 1, 1987; Ord. 4012§2, 1984.) Ordinance No. 6718 April 22, 2019 Page 4 of 15 Rev.2018 EXHIBIT B 13.06.511 Fees, service charges, fines, penalties and damage. A. Service Charge. Hydrant meter assembly deposits and fees for fire protection service line permits, hydrant permits, purity tests, and meter tests shall be as shown in the city of Auburn fee schedule. Sewiee Charge Convenience shut off $2 :80 •. -- - - $2x :18 Late charge 1% per month of outstanding bill or $15.00 minimum, whichever is greater Unauthorized turn on/off $68:00 - ..-- - - II $6-5.80 Unauthorized fire line or $100.00 a day wafer-heck--up fine from-date of discovery Returned checks each Ac established in the city's fee schedule $30.00 day Closing final read $30,400 New account setup $25.00 gill-tenant $25-09 After hours water turn $30.00 en/e# Escrow estimates $25.08 B. Service Installation Fees. Water service installation fees shall be as shown in the city of Auburn fee schedule as adopted by Ordinance 5707, and any amendments thereto. Ordinance No. 6718 April 22, 2019 Page 5 of 15 Rev.2018 C. Damage to City Appurtenances. Damage to city appurtenances will be billed to the account at actual cost to repair or replace, including labor, material, administrative, overhead and other associated costs. The finance director is authorized to waive enforcement of the above fees, fines, charges and penalties in extenuating circumstances. D. Hydrant Meter Assessments. Use of water from a city hydrant requires a city permit. Type A permits allow withdrawal of water from dedicated hydrants. Type B permits allow withdrawal of water from nondedicated hydrants by customers using a city-supplied hydrant meter with RPBA assembly. In addition to any other penalties, fees or costs enforceable for any of the below-listed violations, the following additional assessments shall be imposed as shown in the City's Fee Schedule: Permit Violation Penalty TYPe A Hydrant meter wrench $30:00 lass-erre Hydrant meter with $4,38-5,0,0 6• _ _-- _ rax-mum sr-damage penalty A Failure to record "Start" $2$0.00 read properly maximum penalty, per day,location; violater-and incident A Failure to record $250.00 "Finish" read-properly maximum penalty, per day, location, violator and incident A Failure to submit $10.00 per monthly-water calendar-play consumption report to the city A and B Nonpayment of bill $10.00 per within-1-0-oalendar calendar-day Ordinance No. 6718 April 22, 2019 Page 6 of 15 Rev.2018 Permit Violation Penalty TY-Pe days of reminder notice $1-0,08-per meter-with-RP-BA ac day assembly after request for return A and B Using a hydrant $50.00 per without-hydrant day, location, operator training violator and documentation on incident hand A and B Using-a-hydrant $2-50,00 without-operator maximum training-cloourrientation penalty-per day, location, violator-and insistent A and B Using a hydrant $50,00-per without permit day, location, documentation on violator and hand incident A--and-B U-sing-a-h-ydrant $2-50,00 without-permit maximum documentation PeRa#Y7-Per day, location, violator-and incident Loaning-oute-nydrant $250,00 meter with RPBA ma4dintim assembly to an penalty, per unauthorized party day, location, violater-and incident A-and-B Using-a-tool-other-than $50.00-per the-city-supplied day, location, violator and operate a hydrant incident Ordinance No. 6718 April 22, 2019 Page 7 of 15 Rev.2018 Pecmit $yPe WO-la-bon Penalty A and B Damage-to hydrant or Complete infrastructure reimbursement to-the city for repair or replacement A and B Nonresponse to $10.00 per revocation of permit or calendar day trained hydrant operator certificate A and B Disassembly or $-58:99 tampering of hydrant, maximum hydrant meter penalty, per assemblyor4 ydrara# days-location, meter with RPBA violator and assembly incident (Ord. 6706§2 (Exh. B), 2018; Ord. 6236§ 1, 2009; Ord. 6098§ 3, 2007; Ord. 5889§ 2, 2005; Ord. 5849§ 1,2004; Ord. 5819§ 1, 2004; Ord. 5216§ 1, 1999.) Ordinance No. 6718 April 22, 2019 Page 8 of 15 Rev.2018 EXHIBIT C 20.06.180 Compensation for use of public ways. A. The city finds that the public ways to be used by commercial utilities and carriers and operators in the operation of telecommunications systems within the boundaries of the franchise are valuable public properties, acquired and maintained by the city at great expense to its taxpayers, and that the grant of use of said public ways is a valuable property right, without which grantees and franchisees would be required to invest substantial capital in public way costs and acquisitions; therefore, grantees and franchisees shall pay the city as a general compensation for the use of the public way during each year of the term of a franchise a franchise fee as determined by city council, not to exceed six percent of gross revenues for each quarter of each calendar year. Franchisees shall pay the franchise fee mandated by this chapter but the city acknowledges and understands that such amount (and any other fees, assessments, or taxes imposed on franchisees not described in subsection E of this section) shall appear as a line item on the bill sent to, and shall be collected from, the subscribers; provided further, that the compensation required from any telecommunications operator or carrier engaged in the "telephone business," as defined in RCW 82.04.065, shall be consistent with RCW 35.21.860. B. Annual Franchise Fee Adjustments. The initial annual franchise fee percentage shall be the amount permitted by law of gross revenues unless and until it is further adjusted by city council. Any such adjustment shall occur at least 60 days before any subsequent annual anniversary date. Any adjustment shall become effective on the subsequent annual anniversary date. C. Quarterly Payment. Franchisees shall forward by check wire transfer an amount equal to this quarterly payment by the fifteenth day of the second calendar month immediately following the close of the calendar quarter for which the payment is calculated. D. Late Payment. In the event any quarterly payment is made after noon on the date 10 days after the date due, franchisees shall pay a late payment penalty of the greater of: 1. Twenty five dollars; or 2. Simple interest at a 12 percent annual percentage rate on the total amount past due.as shown in the City's Fee Schedule. E. Fees and Compensation Not a Tax. The fees, charges and fines provided for in this title and any compensation charged and paid for the franchisee's use of the city's public ways, whether"fiduciary or in kind," are separate from, and additional to, any and all federal, state, local and city taxes as may be levied, imposed or due from a commercial utility, telecommunications carrier, operator, or Ordinance No. 6718 April 22, 2019 Page 9 of 15 Rev.2018 provider, its customers or subscribers or on account of the lease, sale, delivery or transmission of utility or telecommunications services. F. Ruling of Unenforceability. The compensation required from any commercial utility, telecommunications carrier, operator, or provider shall be as provided by law. In the event any franchise fee shall be held unenforceable by a court of law which has jurisdiction over the city, franchisees shall pay the equivalent amount paid in franchise fees as a city utility tax which shall be applied retroactively to time periods during which the franchise fee was determined to be unenforceable. G. Quarterly Report. In order to properly determine the gross revenues received by franchisees, the franchisee shall on the same date that each quarterly payment is made, file with the director of finance a sworn copy of a report, in a form acceptable to the city, in sufficient detail to itemize revenues from each of the revenue categories. The city may, if it sees fit and at its own expense, have the books and records of franchisees examined by a representative of said city to ascertain the correctness of the reports agreed to be filed herein. Neither the acceptance of any payment nor any subsequent review shall be deemed an agreement by the city that the correct payment was paid, absent a fully authorized written release by the city on any such payments or on such reports. Any necessary prorations shall be made in the first and last year of each term of the franchise. Any city request for access to books and records shall be allowed by the franchisee at reasonable times and for reasonable purposes. Such information shall be held in strict confidence by the city as allowed by law and used only for the purpose stated herein. H. Recalculation at End of Compensation Year. At the end of each calendar year, franchisees shall recalculate the total general compensation actually due. If additional amounts are due the city by franchisee, said amounts shall be paid by the fifteenth day of February following the calendar year during which such amounts were originally due. If amounts are found to be due the franchisees by the city, said amounts shall be credited by the fifteenth day of February during which such amounts were originally due. Any necessary prorations will be made. I. Taxes are Not to Be a Credit. The compensation paid under this franchise shall be exclusive of and in addition to all special assessments and taxes of whatever nature which are applicable to all other persons or entities doing business within the city, including, but not limited to, ad valorem tax, sales tax, corporate or business occupation taxes or other taxes or fees imposed or levied by any governmental entity. J. Utility Tax Liability— Franchise Fees. Revenues derived directly or indirectly from sources within the city shall be subject to applicable utility taxes as of the time of commencement of such operations. Franchise fees shall be in addition to any utility tax, but shall be collectible only to the extent as then allowed by law, and in no event may the combined utility tax and franchise fee exceed Ordinance No. 6718 April 22, 2019 Page 10 of 15 Rev.2018 six percent of gross revenues in accordance with RCW 35.21.870. Franchise fees, if applicable, shall be levied on a nondiscriminatory basis. K. Rights of City. Payment of money under any franchise shall not in any way limit or inhibit any of the privileges or rights of the city, except insofar as city's privileges or rights are expressly limited or inhibited by the terms of a franchise. L. Annual Report. Franchisees shall file annually with the director of finance, no later than 90 days after the end of franchisee's fiscal year, an unaudited statement of revenues (for that fiscal year just ended) attributable to the operations of the franchisee's telecommunications system within the city pursuant to the franchise agreement. The statement shall present a detailed breakdown of gross revenues and uncollectible accounts for the year. The city may, if it sees fit, have such report audited by an independent certified public accountant of its choosing. If the audit reveals an underpayment error in payment by franchisees of more than five percent, then franchisees shall pay for the costs of the audit. If the audit reveals an error in payment of five percent or less, the city shall pay the costs of the audit. The report will summarize those accounts reconciled to be within the franchise area by the city's quarterly review. M. Circumventing Payments. Any transaction(s) which have the effect of circumventing payment of the required franchise fees and/or evasion of payment of franchise fees or any payments due the city under a franchise by noncollection or nonreporting of gross revenues, bartering, or any other means which evade the actual collection of revenues for business pursued by franchisees are prohibited. N. Best Rates. As allowed by applicable law, part of the compensation to the city for the grant of any telecommunications franchise, the city shall be entitled to obtain subscriptions, at the city's discretion, to the communications service at franchisee's lowest comparable rate applicable to any government body or municipality of the state of Washington. In addition, city shall be entitled to franchisee's lowest comparable rate applicable to any governmental body or municipality of the state of Washington for purchase and/or lease, should the city determine to purchase and/or lease, equipment or modems applicable to government bodies or municipalities in the state of Washington for purposes of accessing the communications service. (Ord.6546§8, 2014; Ord. 5271 § 1, 1999; Ord. 5034§ 1, 1998.) Ordinance No. 6718 April 22, 2019 Page 11 of 15 Rev.2018 EXHIBIT D 20.08.020 Lease application. Any person that desires to solicit the city's approval of a facilities lease pursuant to this title shall file a lease proposal with the city which, in addition to the information required by ACC 20.06.020, shall include the following: A. A description of the facilities or other equipment proposed to be located upon city property; B. A description of the city property upon which the applicant proposes to locate facilities or other equipment; C. Preliminary plans and specifications in sufficient detail to identify: 1. The location(s) of existing telecommunications facilities or other equipment upon the city property, whether publicly or privately owned. 2. The location and source of electric and other utilities required for the installation and/or operation of the proposed facilities or equipment; D. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment; E. If applicant is proposing to install aboveground and/or overhead facilities: 1. Evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route; 2. Proof of compliance with city's zoning code; F. Whether the applicant intends to provide cable service, video dialtone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising; G. An accurate map showing the location of any existing utility or telecommunications facilities in the city that applicant intends to use or lease; H. A description of the services or facilities that the applicant will offer or make available to the city and other public, educational, and governmental institutions; Ordinance No. 6718 April 22, 2019 Page 12 of 15 Rev.2018 I. A copy of an Auburn business license stamped and signed by the business license clerk, as designated by the mayor; J. Proof of ability to meet city's bonding requirements in Chapter 12.24 ACC when the applicant does not have an existing standing bond on file with the city sufficient to cover the scope of work proposed and proof of ability to meet the city's security requirements in ACC 20.10.240 through 20.10.260; K. A nonrefundable application fee in the amount ef-$500.O0established in the City's Fee Schedule; and L. Such other and further information as may be requested by the city. (Ord. 5897§24, 2005; Ord.5271 § 1, 1999; Ord. 5034§ 1, 1998.) 20.08.140 Renewal of facilities lease. A lessee that desires to renew its facilities lease in effect under this chapter shall, not more than 120 days nor less than 90 days before expiration of the facilities lease then in effect, file an application, which is determined as complete in accordance with ACC 20.08.030, with the city for renewal of its facilities lease which shall include the following: A. The information required pursuant to ACC 20.08.020; B. Any information required pursuant to the facilities lease agreement between the city and the lessee; C. All deposits or charges required pursuant to this chapter; D. A nonrefundable application renewal fee in the amount e#4250-98established in the City's Fee Schedule. (Ord.5271 § 1, 1999; Ord. 5034§ 1, 1998.) Ordinance No. 6718 April 22, 2019 Page 13 of 15 Rev.2018 EXHIBIT E 20.10.280 Assignments or transfers of public way agreements, franchises, or leases. The assignment or transfer of any business registration, public way agreement, franchise or lease subject to this title, may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, franchisee, or lessee, by operation of law or otherwise, without the prior written consent of the city, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No public way agreement, franchise, or lease, subject to this title, shall be assigned or transferred before construction of such systems has been completed to the city's satisfaction without prior written consent of the city, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. B. The grantee, franchisee, or lessee and the proposed assignee or transferee of the public way agreement, franchise, or lease shall provide and certify the following information to the city not less than 90 calendar days prior to the proposed date of transfer: 1. Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment relating to the public way agreement, franchise or lease; 2. All information required by a public way agreement, franchise, or lease applicant pursuant to this title with respect to the proposed transferee or assignee; 3. Any other information reasonably required by the city; and 4. A nonrefundable application fee in the amount of$75.00established in the City's Fee Schedule. C. No transfer shall be approved unless the assignee or transferee meets the requirements contained in ACC 20.04.040(A) and and can comply with the requirements of the public way agreement, franchise, or lease. D. Unless otherwise provided in a public way agreement, franchise, or lease agreement, the grantee, franchisee, or lessee shall reimburse the city for all direct and indirect costs and expenses reasonably incurred by the city in considering a request to transfer or assign a public way Ordinance No. 6718 April 22, 2019 Page 14 of 15 Rev.2018 agreement, franchise, or lease. No approval shall be deemed approved until all such costs and expenses have been paid. E. Any transfer or assignment of a public way agreement, franchise, or lease without prior written approval of the city under this section or pursuant to a public way agreement, franchise, or lease agreement shall be void and is cause for termination of the public way agreement, franchise, or lease. (Ord. 5271 § 1, 1999; Ord. 5034§ 1, 1998.) Ordinance No. 6718 April 22, 2019 Page 15 of 15 Rev.2018