HomeMy WebLinkAbout11-17-2025 Agenda
City Council
Regular Meeting
November 17, 2025 - 7:00 PM
City Hall Council Chambers
AGENDA
CALL TO ORDER
LAND ACKNOWLEDGEMENT
We would like to acknowledge the Federally Recognized Muckleshoot Indian Tribe, the ancestral keepers of the
land we are gathered on today. We thank them for their immense contributions to our state and local history,
culture, economy, and identity as Washingtonians.
PUBLIC PARTICIPATION
A. The Auburn City Council Meeting scheduled for Monday, November 17, 2025, at 7:00 p.m.
will be held in person and virtually.
Virtual Participation Link:
To view the meeting virtually please click the below link, or call into the meeting at the
phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Zoom, please call the number below or click the link:
Telephone: 253 215 8782
Toll Free: 877 853 5257
Zoom: https://us06web.zoom.us/j/85973273103
PLEDGE OF ALLEGIANCE
ROLL CALL
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
A. Small Business Saturday
Mayor Backus to proclaim November 29, 2025, as "Small Business Saturday" in the City of
Auburn
AGENDA MODIFICATIONS
PUBLIC HEARINGS
A. Public Hearing for Ordinance No. 7000 (Thomas)
An Ordinance amending the City's 2025-2026 Biennial Budget
Page 1 of 158
B. Public Hearing for Ordinance No. 7003 (Thomas)
An Ordinance establishing the levy for Regular Property Taxes by the City of Auburn for
collection in 2026 for general City operational purposes in the amount of $25,843,584
PUBLIC COMMENT
This is the place on the agenda where the public is invited to speak to the City Council on any issue.
A. The public can participate in-person or submit written comments in advance.
Participants can submit written comments via mail, fax, or email. All written comments
must be received prior to 5:00 p.m. on the day of the scheduled meeting and must be 350
words or less.
Please mail written comments to:
City of Auburn
Attn: Shawn Campbell, City Clerk
25 W Main St
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
Fax number: 253-804-3116
Email written comments to: publiccomment@auburnwa.gov
If an individual requires accommodation to allow for remote oral comment because of a
difficulty attending a meeting of the governing body, the City requests notice of the need for
accommodation by 5:00 p.m. on the day of the scheduled meeting. Participants can
request accommodation to be able to provide a remote oral comment by contacting the
City Clerk’s Office in person, by phone 253-931-3039, or by email
publiccomment@auburnwa.gov.
CORRESPONDENCE
CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by
one motion in the form listed.
A. Minutes from the November 3, 2025, City Council Meeting
B. Minutes from the November 10, 2025, Study Session Meeting
C. Claims Vouchers (Thomas)
Claims voucher list dated November 5, 2025, which includes voucher numbers 481772
through voucher 481905, in the amount of $4,561,671.00, thirteen electronic fund transfers
in the amount of $19,373.12, and five wire transfers in the amount of $1,003,222.67
D. Payroll Voucher (Thomas)
Payroll check numbers 539748 through 539754 in the amount of $84,139.58, electronic
deposit transmissions in the amount of $2,932,533.30, for a grand total of $3,016,672.88
for the period covering October 30, 2025, to November 12, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
Page 2 of 158
UNFINISHED BUSINESS
NEW BUSINESS
ORDINANCES
A. Ordinance No. 7000 (Thomas)
An Ordinance amending the City's 2025-2026 Biennial Budget
(RECOMMENDED ACTION: Move to approve Ordinance No. 7000.)
B. Ordinance No. 7003 (Thomas)
An Ordinance establishing the levy for Regular Property Taxes by the City of Auburn for
collection in 2026 for general City operational purposes in the amount of $25,843,584
(RECOMMENDED ACTION: Move to approve Ordinance No. 7003.)
C. Ordinance No. 7004 (Thomas)
An Ordinance amending Sections 13.06.360, 13.20.440, and 13.48.100 of the Auburn City
Code (ACC), relating to City Utility Rates
(RECOMMENDED ACTION: Move to approve Ordinance No. 7004.)
D. Ordinance No. 7005 (Gaub)
An Ordinance granting to Soos Creek Water and Sewer District, a Washington Municipal
Corporation, a franchise for Sanitary Sewer Facilities
(RECOMMENDED ACTION: Move to approve Ordinance No. 7005.)
E. Ordinance No. 7007 (Gaub)
An Ordinance granting to Hyperfiber of Washington, LLC dba Ripple Riber, a Delaware
Limited Liability Company, a franchise for Wireline Telecommunications
(RECOMMENDED ACTION: Move to approve Ordinance No. 7007.)
F. Ordinance No. 7008 (Thomas)
An Ordinance amending Sections 3.60.010 and 3.60.020 of the Auburn Municipal Code to
authorize an additional one tenth of one percent Sales and Use Tax for Criminal Justice
purposes in accordance with Section 201, Chapter 350, Laws of 2025, providing for
severability, and establishing an effective date
(RECOMMENDED ACTION: Move to approve Ordinance No. 7008.)
RESOLUTIONS
A. Resolution No. 5868 (Martinson)
A Resolution authorizing the Mayor to execute an agreement between the City of Auburn
and the Office of Public Defense to accept and expend grant funds for public defense
improvement
(RECOMMENDED ACTION: Move to adopt Resolution No. 5868.)
Page 3 of 158
B. Resolution No. 5870 (Gaub)
A Resolution authorizing the Mayor to accept and administer a Commute Trip Reduction
formula grant award from the Washington State Department of Transportation
(RECOMMENDED ACTION: Move to adopt Resolution No. 5870.)
C. Resolution No. 5872 (Whalen)
A Resolution amending the City of Auburn Fee Schedule
(RECOMMENDED ACTION: Move to adopt Resolution No. 5872.)
MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on significant items associated with their appointed positions on
federal, state, regional and local organizations.
A. From the Council
B. From the Mayor
ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office and on the City website
(http://www.auburnwa.gov).
Page 4 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Public Hearing for Ordinance No. 7000 (Thomas)
An Ordinance amending the City's 2025-2026 Biennial Budget
November 17, 2025
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Ordinance No. 7000 - 2025-2026 Biennial
Budget Amendment.
Background for Motion:
Background Summary:
Ordinance No. 7000 (Budget Amendment #3) represents the third Budget Amendment for the 2025-
2026 Biennium. This amendment consists of adjustments to capital project budgets; recognition of
new grant awards and adjustments of estimated grant awards and their associated expenditures; and
new expenditures offset by new revenues, adjustments to existing programs, and limited requests for
new budget authority.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 5 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Public Hearing for Ordinance No. 7003 (Thomas)
An Ordinance establishing the levy for Regular Property Taxes by the City
of Auburn for collection in 2026 for general City operational purposes in the
amount of $25,843,584
November 17, 2025
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to hold a Public Hearing in consideration of Ordinance No. 7003 – 2026 Property Tax
levy.
Background for Motion:
Background Summary:
Proposed Ordinance No. 7003 establishes the 2026 Property Tax levy based on the assessed
valuations provided by King County plus a 1% increase over 2025, which totals $26,843,584.
Additionally, the City will levy one-time increases due to new construction from prior years and
refunds, which are estimated to total $301,766. The following table summarizes the 2026 Property
Tax levy calculation.
2025 Property Tax Levy $25,587,707
Add: 1% 255,877
Add: New Construction (at prior year levy rate) 176,247
Add: Refunds 125,519
2026 Property Tax Levy $26,145,350
As of this date, the County has preliminarily established the 2026 assessed valuation (including
estimated new construction) for the City of Auburn at $19.6 billion, which is a 2.44% increase over the
2025 assessed value of $19.2 billion. The 2026 Property Tax levy will be distributed to the General
Fund to support general governmental operations.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 6 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Minutes from the November 3, 2025, City Council Meeting November 17, 2025
Department: Attachments: Budget Impact:
City Council 11-03-2025 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 7 of 158
City Council
Regular Meeting
November 3, 2025 - 7:00 PM
City Hall Council Chambers
MINUTES
CALL TO ORDER
Mayor Backus called the meeting to order at 7:00 p.m. in the Council Chambers of
Auburn City Hall, 25 West Main Street.
LAND ACKNOWLEDGEMENT
Mayor Backus acknowledged the Federally Recognized Muckleshoot Indian Tribe as
the ancestral keepers of the land we are gathered on today.
PUBLIC PARTICIPATION
The City Council Meeting was held in person and virtually.
PLEDGE OF ALLEGIANCE
Girl Scout Bailey Nelson led those in attendance in the Pledge of Allegiance.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Kate Baldwin,
Lisa Stirgus, Clinton Taylor, Tracy Taylor, and Yolanda Trout-Manuel.
Mayor Nancy Backus and the following staff members present included: Chief of Police
Mark Caillier, Director of Public Works Ingrid Gaub, Director of Community
Development Jason Krum, Deputy City Attorney Paul Byrne, Director of Parks, Arts,
and Recreation Julie Krueger, and City Clerk Shawn Campbell.
ANNOUNCEMENTS, MAYOR'S PROCLAMATIONS, AND PRESENTATIONS
There were no announcements, Mayor’s proclamations, or presentations.
AGENDA MODIFICATIONS
There were no modifications to the agenda.
Page 8 of 158
PUBLIC HEARINGS
A. Public Hearing for Ordinance No. 6995 (Krum)
City Council to hold a Public Hearing to consider an Ordinance relating to the
adoption of a 6-month moratorium extension for Energy Storage System
facilities proposed to be located in the City of Auburn
Mayor Backus opened the Public Hearing at 7:02 p.m.
Virginia Haugen provided comments.
Mayor Backus closed the Public Hearing at 7:04 p.m.
B. Public Hearing for Soos Creek Water and Sewer District Franchise Agreement
No. FRN25-0004 (Gaub)
City Council to hold a Public Hearing in consideration of Franchise Agreement
No. FRN25-0004 for Soos Creek Water and Sewer District for a Sanitary
Sewer Franchise
Mayor Backus opened the Public Hearing at 7:05 p.m.
Virginia Haugen provided comments.
Mayor Backus closed the Public Hearing at 7:06 p.m.
C. Public Hearing for Hyperfiber of Washington, LLC dba Ripple Fiber Franchise
Agreement No. FRN25-0005 (Gaub)
City Council to hold a Public Hearing in consideration of Franchise Agreement
No. FRN25-0005 for Hyperfiber of Washington, LLC dba Ripple Fiber for a
Wireline Telecommunications Franchise
Mayor Backus opened the Public Hearing at 7:07 p.m.
Mitzi McMahan and Virginia Haugen provided comments.
Mayor Backus closed the Public Hearing at 7:10 p.m.
PUBLIC COMMENT
Written Comments:
The City Clerk's Office received written comments from Darwin Sorensen, which were
provided to the Mayor and Council prior to the meeting.
In-Person Comments:
Linda Redmond, Gene Bremner, Tina Simmons, and Virginia Haugen provided
comments.
Page 9 of 158
CORRESPONDENCE
There was no correspondence for Council to review.
CONSENT AGENDA
A. Minutes from the October 6, 2025, and October 20, 2025, City Council
Meetings
B. Minutes from the October 13, 2025, and October 27, 2025, Study Session
Meetings
C. Claims Vouchers (Thomas)
Claims voucher list dated October 22, 2025, which includes voucher numbers
481606 through voucher 481771, in the amount of $4,299.591.61, nine
electronic fund transfers in the amount of $1,737.12 and two wire transfers in
the amount of $599,505.51
D. Payroll Voucher (Thomas)
Payroll check numbers 539742 through 539747 in the amount of $694,775.60,
electronic deposit transmissions in the amount of $2,752,989.77, for a grand
total of $3,447,765.37 for the period covering October 16, 2025, to October 29,
2025
Deputy Mayor Rakes moved and Councilmember C. Taylor seconded to
approve the consent agenda.
MOTION CARRIED UNANIMOUSLY. 7-0
UNFINISHED BUSINESS
There was no unfinished business.
NEW BUSINESS
There was no new business.
Page 10 of 158
ORDINANCES
A. Ordinance No. 6995 (Krum)
An Ordinance continuing the moratorium enacted on May 10, 2025, pursuant
to Ordinance No. 6978 and as amended by Ordinance No. 6995 on the
acceptance, processing, and/or approval of applications for building and land
use development for Energy Storage System facilities (ESS) proposed to be
located in any zone within the City of Auburn
Councilmember T. Taylor moved and Councilmember C. Talyor seconded to
approve Ordinance No. 6995.
MOTION CARRIED UNANIMOUSLY. 7-0
RESOLUTIONS
A. Resolution No. 5869 (Krueger)
A Resolution authorizing the Mayor, or Designee, to execute an agreement
between the City of Auburn and Department of Social and Health Services for
Respite Care Payments
Councilmember C. Taylor moved and Councilmember Baldwin seconded to
adopt Resolution No. 5869.
MOTION CARRIED UNANIMOUSLY. 7-0
MAYOR AND COUNCILMEMBER REPORTS
A. From the Council
Councilmembers provided reports on the events that they attended.
B. From the Mayor
Mayor Backus reported on the events she attended.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 7:44 p.m.
APPROVED this 17th day of November 2025.
____________________________ _______________________________
NANCY BACKUS, MAYOR Shawn Campbell, City Clerk
Page 11 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Minutes from the November 10, 2025, Study Session Meeting November 17, 2025
Department: Attachments: Budget Impact:
City Council 11-10-2025 Minutes
Administrative Recommendation:
Background for Motion:
Background Summary:
Councilmember: Staff:
Page 12 of 158
City Council
Study Session
Finance & Internal Services SFA
November 10, 2025 - 5:30 PM
City Hall Council Chambers
MINUTES
CALL TO ORDER
Deputy Mayor Cheryl Rakes called the meeting to order at 5:30 p.m. in the Council
Chambers of Auburn City Hall, 25 West Main Street.
PUBLIC PARTICIPATION
The Study Session Meeting was held in person and virtually.
ROLL CALL
Councilmembers present: Deputy Mayor Cheryl Rakes, Hanan Amer, Kate Baldwin,
Clinton Taylor, and Yolanda Trout-Manuel. Councilmember Lisa Stirgus attended the
meeting virtually via Zoom and Councilmember Tracy Taylor was excused.
Mayor Nancy Backus and the following staff members present included: Deputy City
Attorney Paul Byrne, Assistant Chief of Police Samuel Betz, Director of Public Works
Ingrid Gaub, Director of Finance Jamie Thomas, Financial Planning Manager Frank
Downard, Human Resources and Risk Management Director Candis Martinson, Parks,
Arts, and Recreation Director Julie Krueger, Utilities Engineering Manager Ryan
Vondrak, and City Clerk Shawn Campbell.
AGENDA MODIFICATIONS
There were no modifications to the agenda.
ANNOUNCEMENTS, REPORTS, AND PRESENTATIONS
There were no announcements, reports, or presentations.
FINANCE AND INTERNAL SERVICES DISCUSSION ITEMS
A. Ordinance No. 7004 (Thomas) (60 Minutes)
A presentation to discuss Revenue Requirements, Cost of Service Analysis,
and Rate Design for the Water, Sanitary Sewer and Storm Drainage Utilities
Page 13 of 158
Councilmember Baldwin, Chair of the Finance and Internal Services Special
Focus Area, chaired this portion of the meeting.
Manager Downard introduced Project Manager Brooke Tacia with FCS Group,
who provided Council with an overview of revenue requirements, low income
rate impacts, cost of service study parameters, rate design parameters,
proposed changes to the System Development Charges (SDC) and uses,
methodology for cost development, a review of other jurisdictions SDC's, and
wholesale water rate history and methodology.
Council discussed the low income rate impact analysis, staff time to facilitate
the low income rebates, onsite storm water retention systems, the types of
properties the charges will apply to, and the timeline for SDC payments.
B. Ordinance No. 7008 (Thomas) (10 Minutes)
An Ordinance amending Sections 3.60.010 and 3.60.020 of the Auburn
Municipal Code to authorize an additional one tenth of one percent Sales and
Use Tax for Criminal Justice purposes in accordance with Section 201,
Chapter 350, Laws of 2025, providing for severability, and establishing an
effective date
Director Thomas provided Council with an overview of Ordinance No. 7008
including the details of House Bill 2015, requirements for imposing the Public
Safety Sales and Use Tax, application qualification verification and notification
of intent to collect, increased public safety costs and needs, the revenue
impacts, tax rate comparisons, and the proposed steps for implementation and
funding.
Council discussed benefits to the City from the proposed sales tax increase,
the requirement to impose the sales tax to be able to apply for grants, deadline
for imposing the tax, King County's plans for the funds, criteria for imposing the
tax, and increases to SCORE costs.
C. Ordinance No. 7000 (Thomas) (30 Minutes)
An Ordinance amending the City's 2025-2026 Biennial Budget
Director Thomas provided Council with an overview of Ordinance No. 7000
including the upcoming items for Council action and the three major
components of the Mid-Biennial Budget Amendment. She discussed major
revenue sources, including the 2026 Preliminary Property Tax levy, the general
fund revenue realignment, regular budget amendments for operational needs,
revenue impacts including adding the .1% Public Safety Sales Tax and
estimated end fund balance adjustments.
Council discussed improvements at the Auburn Golf Course, the Cumulative
Reserve Fund, police take-home vehicles, and ending fund balances.
Page 14 of 158
D. Ordinance No. 7003 (Thomas) (10 Minutes)
An Ordinance establishing the levy for regular Property Taxes by the City of
Auburn for collection in 2026 for general City operational purposes in the
amount of $25,843,584
Director Thomas provided Council with an overview of Ordinance No. 7003 as
part of Ordinance No. 7000.
ADJOURNMENT
There being no further business to come before the Council, the meeting was
adjourned at 7:14 p.m.
APPROVED this 17th day of November 2025.
_____________________________ _____________________________
CHERYL RAKES, DEPUTY MAYOR Shawn Campbell, City Clerk
Page 15 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Claims Vouchers (Thomas)
Claims voucher list dated November 5, 2025, which includes voucher
numbers 481772 through voucher 481905, in the amount of $4,561,671.00,
thirteen electronic fund transfers in the amount of $19,373.12, and five wire
transfers in the amount of $1,003,222.67
November 17, 2025
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Claims Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated November 5, 2025, which includes voucher numbers 481772 through
voucher 481905, in the amount of $4,561,671.00, thirteen electronic fund transfers in the amount of
$19,373.12, and five wire transfers in the amount of $1,003,222.67.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 16 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Payroll Voucher (Thomas)
Payroll check numbers 539748 through 539754 in the amount of
$84,139.58, electronic deposit transmissions in the amount of
$2,932,533.30, for a grand total of $3,016,672.88 for the period covering
October 30, 2025, to November 12, 2025
(RECOMMENDED ACTION: Move to approve the Consent Agenda.)
November 17, 2025
Department: Attachments: Budget Impact:
Finance None
Administrative Recommendation:
City Council to approve Payroll Vouchers.
Background for Motion:
Background Summary:
Payroll check numbers 539748 through 539754 in the amount of $84,139.58, electronic deposit
transmissions in the amount of $2,932,533.30, for a grand total of $3,016,672.88 for the period
covering October 30, 2025, to November 12, 2025.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 17 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7000 (Thomas)
An Ordinance amending the City's 2025-2026 Biennial Budget
(RECOMMENDED ACTION: Move to approve Ordinance No. 7000.)
November 17, 2025
Department: Attachments: Budget Impact:
Finance Ordinance No. 7000, 2025
BA#3 Ord No 7000
Schedule A, 2025 BA#3 Ord
No 7000 Schedule B, 2026
BA#3 Ord No 7000
Schedule C, 2026 BA#3 Ord
No 7000 Schedule D
Administrative Recommendation:
City Council to approve Ordinance No. 7000.
Background for Motion:
Ordinance No. 7000 represents the third budget amendment for the 2025-2026 Biennium. This
amendment consists of adjustments to capital project budgets; recognition of new grant awards and
adjustments of estimated grant awards; new expenditures offset by new revenues, adjustments to
existing programs, and limited requests for new budget authority.
Background Summary:
Ordinance No. 7000 (Budget Amendment #3) represents the third Budget Amendment for the 2025-
2026 Biennium. This amendment consists of adjustments to capital project budgets; recognition of
new grant awards and adjustments of estimated grant awards and their associated expenditures; and
new expenditures offset by new revenues, adjustments to existing programs, and limited requests for
new budget authority.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 18 of 158
-------------------------
Ordinance No. 7000
November 4, 2025
Page 1 of 2
ORDINANCE NO. 7000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY’S 2025-2026
BIENNIAL BUDGET
WHEREAS, at its November 18, 2024, regular meeting, the Auburn City
Council enacted Ordinance No. 6848, which adopted the City’s 2025-2026 Biennial
budget (Budget); and
WHEREAS, the City Council has amended the Budget two times since
adoption (by enacting Ordinance No. 6975 on May 19, 2025, and Ordinance No.
6991 on August 4, 2025); and
WHEREAS, the City deems it necessary to amend the Budget to appropriate
additional funds into the various Budget funds outlined in the schedules attached to
this Ordinance; and
WHEREAS, the City Council has approved this Ordinance by one more than
its majority in accordance with RCW 35A.34.200.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Amendment of the 2025-2026 Biennial Budget. Pursuant to
RCW 35A.34, the City hereby amends its 2025-2026 Biennial Budget to reflect the
revenues and expenditures shown on Schedules “A”, “B”, “C” and “D” attached hereto
and incorporated herein by reference.
Section 2. Implementation. The Mayor is authorized to utilize the revenue
and expenditure amounts shown on Schedules “A”, “B”, “C” and “D” attached to this
Page 19 of 158
-------------------------
Ordinance No. 7000
November 4, 2025
Page 2 of 2
Ordinance. A copy of these Schedules are on file with the City Clerk and available
for public inspection. The Mayor is further authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. 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 4. 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:
PASSED:
APPROVED:
____________________________
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Published: _________________________________________________________
Page 20 of 158
Schedule A
Summary of 2025 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
General Fund (#001)
2025 Adopted Budget 38,910,092 103,396,310 109,147,872 33,158,530
Previous Budget Amendments 22,033,911 2,863,362 10,940,372 13,956,901
2025 Amended Budget 60,944,003 106,259,672 120,088,244 47,115,431
BA#3 (Ordinance #7000, Proposed):- 2,785,478 16,856,247 (14,070,769)
Parks, Arts & Rec
Furnace Replacement – Golf Course - - 85,000 (85,000)
Police
Increase POL.0039 Vehicle Exp.- - 78,000 (78,000)
Equip. Rental CF Reimbursement - - 607,669 (607,669)
Human Resources
2025-26 OPD SPAR Grant gr2506 - 60,000 60,000 -
Police
PD2506/PD2408 HVE Grant - 21,886 21,886 -
PD2504 2025-26 RSO Grant - 14,725 14,725 -
pd2507 Alt Response Team Grant - 100,000 100,000 -
Public Works
MS2502 8th/R St Signl Rpr/Cnst - 44,400 44,400 -
Parks, Arts & Rec
PAARTS 4Culture 2025 Equip Grt - 13,460 13,460 -
CP2516 Centennial Viewpoint Art - - - -
Parks Fence Insurance Claims - 14,340 14,340 -
Pro Shop Inventory for Q4-2025 - 30,000 30,000 -
Irrigation budget increase - - 200,000 (200,000)
Community Rm Floor Insur Claim - 6,667 6,667 -
MS2120 Golf Clubhouse Doors - - 35,100 (35,100)
Non-Departmental
General Fund Revenues Adjustments - 2,480,000 545,000 1,935,000
GF to Cumulative Reserve Xfer Request - - 15,000,000 (15,000,000)
Revised 2025 Budget - Fund 001 60,944,003 109,045,150 136,944,491 33,044,662
Page 21 of 158
Schedule A
Summary of 2025 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
General Transportation Fund (#102)
2025 Adopted Budget 5,721,099 16,841,954 17,394,289 5,168,764
Previous Budget Amendments 5,665,221 23,960,230 31,180,816 (1,555,365)
2025 Amended Budget 11,386,320 40,802,184 48,575,105 3,613,399
BA#3 (Ordinance #7000, Proposed):- 4,096,947 2,974,180 1,122,767
Adjust cp2321 Transfer Budget - - - -
Xfer Non-TBD to F102 - 1,122,767 - 1,122,767
CP2509 Grnt Dwntwn Bike 2 Trnt - 1,924,000 1,924,000 -
CP2515 KC Metro ILA 124th Imp - 1,056,680 1,056,680 -
CP2424 Indirect Fed Grnt WSDOT - (6,500) (6,500) -
Revised 2025 Budget - Fund 102 11,386,320 44,899,131 51,549,285 4,736,166
Arterial Street Preservation Fund (#105)
2025 Adopted Budget 1,798,224 2,144,000 2,186,000 1,756,224
Previous Budget Amendments 3,721,721 - 354,599 3,367,122
2025 Amended Budget 5,519,945 2,144,000 2,540,599 5,123,346
BA#3 (Ordinance #7000, Proposed):- - 1,122,767 (1,122,767)
Xfer Non-TBD to F102 - - 1,122,767 (1,122,767)
Revised 2025 Budget - Fund 105 5,519,945 2,144,000 3,663,366 4,000,579
Drug Forfeiture Fund (#117)
2025 Adopted Budget 802,203 251,300 399,233 654,270
Previous Budget Amendments 86,379 15,000 30,000 71,379
2025 Amended Budget 888,582 266,300 429,233 725,649
BA#3 (Ordinance #7000, Proposed):- - 77,500 (77,500)
Increase to Drug Forfeiture Salaries & Benefits - - 52,500 (52,500)
F117 – Undercover Vehicle Purchase - - 25,000 (25,000)
Revised 2025 Budget - Fund 117 888,582 266,300 506,733 648,149
Page 22 of 158
Schedule A
Summary of 2025 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Cumulative Reserve Fund (#122)
2025 Adopted Budget 33,916,951 80,000 825,600 33,171,351
Previous Budget Amendments (482,315) - 5,696,544 (6,178,859)
2025 Amended Budget 33,434,636 80,000 6,522,144 26,992,492
BA#3 (Ordinance #7000, Proposed):- 15,000,000 1,700,000 13,300,000
GF to Cumulative Reserve Xfer Request - 15,000,000 - 15,000,000
GCBD20 Facilities Master Plan - - 1,700,000 (1,700,000)
Revised 2025 Budget - Fund 122 33,434,636 15,080,000 8,222,144 40,292,492
Parks Construction Fund (#321)
2025 Adopted Budget 463,899 1,876,300 1,850,000 490,199
Previous Budget Amendments 287,545 1,940,645 2,151,914 76,276
2025 Amended Budget 751,444 3,816,945 4,001,914 566,475
BA#3 (Ordinance #7000, Proposed):- 430,000 530,000 (100,000)
CP2507 Move Funds from CP1612 - 430,000 530,000 (100,000)
Revised 2025 Budget - Fund 321 751,444 4,246,945 4,531,914 466,475
Page 23 of 158
Schedule A
Summary of 2025 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Capital Improvements Fund (#328)
2025 Adopted Budget 1,541,064 8,195,500 8,175,000 1,561,564
Previous Budget Amendments 22,569,620 21,904,595 40,949,894 3,524,321
2025 Amended Budget 24,110,684 30,100,095 49,124,894 5,085,885
BA#3 (Ordinance #7000, Proposed):- 3,333,013 1,131,782 2,201,231
CP2108 PSE Grnt City Hall HVAC - 226,239 - 226,239
Adjust cp2321 Transfer Budget - 550,000 550,000 -
MS2210/GCBD05/CP2332 REET CORR - 274,992 - 274,992
CP2507 Move Funds from CP1612 - - - -
CP2516 Centennial Viewpoint Art - 55,900 55,900 -
GCBD20 Facilities Master Plan - 1,700,000 - 1,700,000
CP2414 Aub Ave Thtr-Comm Grant - 485,000 485,000 -
CP2424 Indirect Fed Grnt WSDOT - 6,500 6,500 -
CP2414 xfr funding from CP2406 - 34,382 34,382 -
Revised 2025 Budget - Fund 328 24,110,684 33,433,108 50,256,676 7,287,116
Local Revitalization Fund (#330)
2025 Adopted Budget 16,333 1,001,000 1,000,000 17,333
Previous Budget Amendments 351,676 2,485,642 2,807,314 30,004
2025 Amended Budget 368,009 3,486,642 3,807,314 47,337
BA#3 (Ordinance #7000, Proposed):- (1,550,000) (1,550,000) -
Adjust cp2321 Transfer Budget - (1,550,000) (1,550,000) -
CP2414 xfr funding from CP2406 - - - -
Revised 2025 Budget - Fund 330 368,009 1,936,642 2,257,314 47,337
Page 24 of 158
Schedule A
Summary of 2025 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Real Estate Excise Tax Fund (#331)
2025 Adopted Budget 5,689,062 1,840,000 2,130,100 5,398,962
Previous Budget Amendments (5,689,062) 17,977,654 6,746,600 5,541,992
2025 Amended Budget - 19,817,654 8,876,700 10,940,954
BA#3 (Ordinance #7000, Proposed):- - 674,992 (674,992)
MS2210/GCBD05/CP2332 REET CORR - - 274,992 (274,992)
CP2107 M&O Facility Imprv Ph 1 - - 400,000 (400,000)
Revised 2025 Budget - Fund 331 - 19,817,654 9,551,692 10,265,962
Water Fund (#430)
2025 Adopted Budget 5,361,267 20,710,000 22,689,605 3,381,662
Previous Budget Amendments 16,342,581 3,342,721 14,650,851 5,034,451
2025 Amended Budget 21,703,848 24,052,721 37,340,456 8,416,113
BA#3 (Ordinance #7000, Proposed):- - 300,721 (300,721)
DWL26020 Debt Service Pmts - - 249,882 (249,882)
Equip. Rental CF Reimbursement - - 50,839 (50,839)
Revised 2025 Budget - Fund 430 21,703,848 24,052,721 37,641,177 8,115,392
Sewer Fund (#431)
2025 Adopted Budget 18,781,324 10,745,000 14,800,684 14,725,640
Previous Budget Amendments 12,240,632 - 9,181,985 3,058,647
2025 Amended Budget 31,021,956 10,745,000 23,982,669 17,784,287
BA#3 (Ordinance #7000, Proposed):- - (400,000) 400,000
Decr. 2025 Excise Tax Expense - - (400,000) 400,000
Revised 2025 Budget - Fund 431 31,021,956 10,745,000 23,582,669 18,184,287
Page 25 of 158
Schedule A
Summary of 2025 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Solid Waste Fund (#434)
2025 Adopted Budget 1,883,449 32,522,700 32,056,678 2,349,471
Previous Budget Amendments (66,980) 37,457 37,457 (66,980)
2025 Amended Budget 1,816,469 32,560,157 32,094,135 2,282,491
BA#3 (Ordinance #7000, Proposed):- 95,765 445,765 (350,000)
Incr. 2025 Utility Tax Expense - - 350,000 (350,000)
LSWF25 Solid Waste Grant 25-27 - 95,765 95,765 -
Revised 2025 Budget - Fund 434 1,816,469 32,655,922 32,539,900 1,932,491
Airport Fund (#435)
2025 Adopted Budget 1,692,950 2,319,760 2,602,859 1,409,851
Previous Budget Amendments 233,793 1,093,521 1,398,801 (71,487)
2025 Amended Budget 1,926,743 3,413,281 4,001,660 1,338,364
BA#3 (Ordinance #7000, Proposed):- 1,647,537 1,647,537 -
CP2335 Airport AWOS FAA Grant - 1,647,537 1,647,537 -
Revised 2025 Budget - Fund 435 1,926,743 5,060,818 5,649,197 1,338,364
Cemetery Fund (#436)
2025 Adopted Budget 1,534,792 1,634,300 2,073,075 1,096,017
Previous Budget Amendments 53,857 - 124,953 (71,096)
2025 Amended Budget 1,588,649 1,634,300 2,198,028 1,024,921
BA#3 (Ordinance #7000, Proposed):- 19,000 19,000 -
Purchase New JD Gator HPX815E - 19,000 19,000 -
Revised 2025 Budget - Fund 436 1,588,649 1,653,300 2,217,028 1,024,921
Page 26 of 158
Schedule A
Summary of 2025 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Workers' Comp Fund (#503)
2025 Adopted Budget 3,498,469 1,225,300 1,060,200 3,663,569
Previous Budget Amendments 391,010 410,000 500,000 301,010
2025 Amended Budget 3,889,479 1,635,300 1,560,200 3,964,579
BA#3 (Ordinance #7000, Proposed):- 220,000 420,000 (200,000)
Increase to Medical & Time Loss Claims - 220,000 420,000 (200,000)
Revised 2025 Budget - Fund 503 3,889,479 1,855,300 1,980,200 3,764,579
Facilities Fund (#505)
2025 Adopted Budget 398,481 4,821,500 4,821,241 398,740
Previous Budget Amendments (280,075) 215,000 316,000 (381,075)
2025 Amended Budget 118,406 5,036,500 5,137,241 17,665
BA#3 (Ordinance #7000, Proposed):- 85,000 85,000 -
Furnace Replacement – Golf Course - 85,000 85,000 -
Revised 2025 Budget - Fund 505 118,406 5,121,500 5,222,241 17,665
Equipment Rental Fund (#550)
2025 Adopted Budget 5,061,776 8,146,940 6,354,620 6,854,096
Previous Budget Amendments 3,008,895 2,795,978 5,659,660 145,213
2025 Amended Budget 8,070,671 10,942,918 12,014,280 6,999,309
BA#3 (Ordinance #7000, Proposed):- 1,180,507 1,320,768 (140,261)
Increase POL.0039 Vehicle Exp.- 78,000 78,000 -
Purchase New JD Gator HPX815E - 19,000 19,000 -
F117 – Undercover Vehicle Purchase - 25,000 61,000 (36,000)
Equip. Rental CF Reimbursement - 658,507 762,768 (104,261)
CP2107 M&O Facility Imprv Ph 1 - 400,000 400,000 -
Revised 2025 Budget - Fund 550 8,070,671 12,123,425 13,335,048 6,859,048
Page 27 of 158
Schedule A
Summary of 2025 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Fire Pension Fund (#611)
2025 Adopted Budget 1,837,188 167,900 207,840 1,797,248
Previous Budget Amendments 2,517 - - 2,517
2025 Amended Budget 1,839,705 167,900 207,840 1,799,765
BA#3 (Ordinance #7000, Proposed):- - 35,000 (35,000)
Increase Fire Pension Salaries - - 35,000 (35,000)
Revised 2025 Budget - Fund 611 1,839,705 167,900 242,840 1,764,765
Grand Total - All Funds
2025 Adopted Budget 159,056,171 273,573,960 291,103,958 141,526,173
Previous Budget Amendments 102,582,206 81,694,540 156,199,507 28,077,239
2025 Amended Budget 261,638,377 355,268,500 447,303,465 169,603,412
Total BA#3 (Ordinance #7000, Proposed):- 27,343,247 27,391,259 (48,012)
Revised 2025 Budget 261,638,377 382,611,747 474,694,724 169,555,400
644,250,124 644,250,124
Page 28 of 158
Schedule B
2025 Ending Fund Balance/Working Capital
by Fund
Fund
2025
Amended
Beginning
Balance
2025
Amended
Ending
Balance
BA#3
(ORD #7000)
Revenues
BA#3
(ORD #7000)
Expenditures
BA#3
(ORD #7000)
Net Change in
Fund Balance
Revised Ending
Balance
General Fund (#001)60,944,003 47,115,431 2,785,478 16,856,247 (14,070,769) 33,044,662
General Transportation Fund (#102)11,386,320 3,613,399 4,096,947 2,974,180 1,122,767 4,736,166
Hotel/Motel Tax Fund (#104)470,231 321,681 - - - 321,681
Arterial Street Preservation Fund (#105)5,519,945 5,123,346 - 1,122,767 (1,122,767) 4,000,579
Drug Forfeiture Fund (#117)888,582 725,649 - 77,500 (77,500) 648,149
Recreation Trails Fund (#120)53,723 61,223 - - - 61,223
Cumulative Reserve Fund (#122)33,434,636 26,992,492 15,000,000 1,700,000 13,300,000 40,292,492
Mitigation Fees Fund (#124)16,082,277 4,262,088 - - - 4,262,088
2020 LTGO A&B Refunding Bonds Fund (#232)476,000 476,100 - - - 476,100
SCORE Debt Service Fund (#238)- - - - - -
LID Guarantee Fund (#249)- - - - - -
Golf/Cemetery 2016 Refunding Fund (#276)- - - - - -
Parks Construction Fund (#321)751,444 566,475 430,000 530,000 (100,000) 466,475
Capital Improvements Fund (#328)24,110,684 5,085,885 3,333,013 1,131,782 2,201,231 7,287,116
Local Revitalization Fund (#330)368,009 47,337 (1,550,000) (1,550,000) - 47,337
Real Estate Excise Tax Fund (#331)- 10,940,954 - 674,992 (674,992) 10,265,962
Water Fund (#430)21,703,848 8,416,113 - 300,721 (300,721) 8,115,392
Sewer Fund (#431)31,021,956 17,784,287 - (400,000) 400,000 18,184,287
Storm Drainage Fund (#432)23,011,582 9,279,829 - - - 9,279,829
Sewer Metro Sub Fund (#433)4,879,211 4,918,211 - - - 4,918,211
Solid Waste Fund (#434)1,816,469 2,282,491 95,765 445,765 (350,000) 1,932,491
Airport Fund (#435)1,926,743 1,338,364 1,647,537 1,647,537 - 1,338,364
Cemetery Fund (#436)1,588,649 1,024,921 19,000 19,000 - 1,024,921
Insurance Fund (#501)1,313,034 1,150,034 - - - 1,150,034
Workers' Comp Fund (#503)3,889,479 3,964,579 220,000 420,000 (200,000) 3,764,579
Facilities Fund (#505)118,406 17,665 85,000 85,000 - 17,665
Innovation & Technology Fund (#518)3,432,201 2,665,215 - - - 2,665,215
Equipment Rental Fund (#550)8,070,671 6,999,309 1,180,507 1,320,768 (140,261) 6,859,048
Fire Pension Fund (#611)1,839,705 1,799,765 - 35,000 (35,000) 1,764,765
Cemetery Endowment Fund (#701)2,540,569 2,630,569 - - - 2,630,569
Page 29 of 158
Schedule C
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
General Fund (#001)
2026 Adopted Budget 33,158,530 106,950,907 114,023,485 26,085,952
Previous Budget Amendments 13,956,901 374,633 603,800 13,727,734
2026 Amended Budget 47,115,431 107,325,540 114,627,285 39,813,686
BA#3 (Ordinance #7000, Proposed):(14,070,769) 2,800,000 1,803,700 (13,074,469)
Non-Departmental
Furnace Replacement – Golf Course (85,000) - - (85,000)
Increase POL.0039 Vehicle Exp.(78,000) - - (78,000)
Equip. Rental CF Reimbursement (607,669) - - (607,669)
Parks, Arts & Rec
Security Contract I/F Alloc.- - - -
Irrigation budget increase (200,000) - - (200,000)
MS2120 Golf Clubhouse Doors (35,100) - - (35,100)
Non-Departmental
City Wide – Annual HVAC Preventative Maintenance - - 68,700 (68,700)
City Wide - Annual Generator Preventative Maintenance - - 8,000 (8,000)
General Fund Revenues Adjustments 1,935,000 2,800,000 1,727,000 3,008,000
GF to Cumulative Reserve Xfer Request (15,000,000) - - (15,000,000)
Revised 2026 Budget - Fund 001 33,044,662 110,125,540 116,430,985 26,739,217
General Transportation Fund (#102)
2026 Adopted Budget 5,168,764 10,602,973 9,162,300 6,609,437
Previous Budget Amendments (1,555,365) - - (1,555,365)
2026 Amended Budget 3,613,399 10,602,973 9,162,300 5,054,072
BA#3 (Ordinance #7000, Proposed):1,122,767 - - 1,122,767
Xfer Non-TBD to F102 1,122,767 - - 1,122,767
Revised 2026 Budget - Fund 102 4,736,166 10,602,973 9,162,300 6,176,839
Page 30 of 158
Schedule C
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Arterial Street Preservation Fund (#105)
2026 Adopted Budget 1,756,224 2,168,000 2,186,000 1,738,224
Previous Budget Amendments 3,367,122 - - 3,367,122
2026 Amended Budget 5,123,346 2,168,000 2,186,000 5,105,346
BA#3 (Ordinance #7000, Proposed):(1,122,767) - - (1,122,767)
Xfer Non-TBD to F102 (1,122,767) - - (1,122,767)
Revised 2026 Budget - Fund 105 4,000,579 2,168,000 2,186,000 3,982,579
Drug Forfeiture Fund (#117)
2026 Adopted Budget 654,270 263,700 408,486 509,484
Previous Budget Amendments 71,379 - - 71,379
2026 Amended Budget 725,649 263,700 408,486 580,863
BA#3 (Ordinance #7000, Proposed):(77,500) - - (77,500)
Increase to Drug Forfeiture Salaries & Benefits (52,500) - - (52,500)
F117 – Undercover Vehicle Purchase (25,000) - - (25,000)
Revised 2026 Budget - Fund 117 648,149 263,700 408,486 503,363
Cumulative Reserve Fund (#122)
2026 Adopted Budget 33,171,351 80,000 825,600 32,425,751
Previous Budget Amendments (6,178,859) - - (6,178,859)
2026 Amended Budget 26,992,492 80,000 825,600 26,246,892
BA#3 (Ordinance #7000, Proposed):13,300,000 - - 13,300,000
GF to Cumulative Reserve Xfer Request 15,000,000 - - 15,000,000
GCBD20 Facilities Master Plan (1,700,000) - - (1,700,000)
Revised 2026 Budget - Fund 122 40,292,492 80,000 825,600 39,546,892
Page 31 of 158
Schedule C
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Parks Construction Fund (#321)
2026 Adopted Budget 490,199 711,300 685,000 516,499
Previous Budget Amendments 76,276 - - 76,276
2026 Amended Budget 566,475 711,300 685,000 592,775
BA#3 (Ordinance #7000, Proposed):(100,000) 106,000 106,000 (100,000)
CP2507 Move Funds from CP1612 (100,000) - - (100,000)
gpbd02 Golf Facility Improvement Fee - 106,000 106,000 -
Revised 2026 Budget - Fund 321 466,475 817,300 791,000 492,775
Capital Improvements Fund (#328)
2026 Adopted Budget 1,561,564 13,270,500 13,250,000 1,582,064
Previous Budget Amendments 3,524,321 - - 3,524,321
2026 Amended Budget 5,085,885 13,270,500 13,250,000 5,106,385
BA#3 (Ordinance #7000, Proposed):2,201,231 - - 2,201,231
CP2108 PSE Grnt City Hall HVAC 226,239 - - 226,239
MS2210/GCBD05/CP2332 REET CORR 274,992 - - 274,992
GCBD20 Facilities Master Plan 1,700,000 - - 1,700,000
Revised 2026 Budget - Fund 328 7,287,116 13,270,500 13,250,000 7,307,616
Real Estate Excise Tax Fund (#331)
2026 Adopted Budget 5,398,962 1,840,000 1,569,700 5,669,262
Previous Budget Amendments 5,541,992 - - 5,541,992
2026 Amended Budget 10,940,954 1,840,000 1,569,700 11,211,254
BA#3 (Ordinance #7000, Proposed):(674,992) - - (674,992)
MS2210/GCBD05/CP2332 REET CORR (274,992) - - (274,992)
CP2107 M&O Facility Imprv Ph 1 (400,000) - - (400,000)
Revised 2026 Budget - Fund 331 10,265,962 1,840,000 1,569,700 10,536,262
Page 32 of 158
Schedule C
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Water Fund (#430)
2026 Adopted Budget 3,381,662 22,200,250 23,286,921 2,294,991
Previous Budget Amendments 5,034,451 - - 5,034,451
2026 Amended Budget 8,416,113 22,200,250 23,286,921 7,329,442
BA#3 (Ordinance #7000, Proposed):(300,721) - 287,275 (587,996)
City Wide - Annual Generator Preventative Maintenance - - 6,900 (6,900)
DWL26020 Debt Service Pmts (249,882) - 280,375 (530,257)
Equip. Rental CF Reimbursement (50,839) - - (50,839)
Revised 2026 Budget - Fund 430 8,115,392 22,200,250 23,574,196 6,741,446
Sewer Fund (#431)
2026 Adopted Budget 14,725,640 11,505,000 12,425,228 13,805,412
Previous Budget Amendments 3,058,647 - - 3,058,647
2026 Amended Budget 17,784,287 11,505,000 12,425,228 16,864,059
BA#3 (Ordinance #7000, Proposed):400,000 - 21,900 378,100
City Wide - Annual Generator Preventative Maintenance - - 21,900 (21,900)
Decr. 2025 Excise Tax Expense 400,000 - - 400,000
Revised 2026 Budget - Fund 431 18,184,287 11,505,000 12,447,128 17,242,159
Storm Drainage Fund (#432)
2026 Adopted Budget 8,802,355 14,180,200 15,452,074 7,530,481
Previous Budget Amendments 477,474 - - 477,474
2026 Amended Budget 9,279,829 14,180,200 15,452,074 8,007,955
BA#3 (Ordinance #7000, Proposed):- - 3,200 (3,200)
City Wide - Annual Generator Preventative Maintenance - - 3,200 (3,200)
Revised 2026 Budget - Fund 432 9,279,829 14,180,200 15,455,274 8,004,755
Page 33 of 158
Schedule C
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Solid Waste Fund (#434)
2026 Adopted Budget 2,349,471 34,866,600 34,040,130 3,175,941
Previous Budget Amendments (66,980) - - (66,980)
2026 Amended Budget 2,282,491 34,866,600 34,040,130 3,108,961
BA#3 (Ordinance #7000, Proposed):(350,000) - - (350,000)
Incr. 2025 Utility Tax Expense (350,000) - - (350,000)
Revised 2026 Budget - Fund 434 1,932,491 34,866,600 34,040,130 2,758,961
Airport Fund (#435)
2026 Adopted Budget 1,409,851 2,512,400 2,973,025 949,226
Previous Budget Amendments (71,487) - - (71,487)
2026 Amended Budget 1,338,364 2,512,400 2,973,025 877,739
BA#3 (Ordinance #7000, Proposed):- - 700 (700)
City Wide – Annual HVAC Preventative Maintenance - - 700 (700)
Revised 2026 Budget - Fund 435 1,338,364 2,512,400 2,973,725 877,039
Cemetery Fund (#436)
2026 Adopted Budget 1,096,017 1,696,800 2,098,241 694,576
Previous Budget Amendments (71,096) - - (71,096)
2026 Amended Budget 1,024,921 1,696,800 2,098,241 623,480
BA#3 (Ordinance #7000, Proposed):- - 2,220 (2,220)
City Wide – Annual HVAC Preventative Maintenance - - 600 (600)
CEM Security Contract I/F Alloc - - 1,620 (1,620)
Revised 2026 Budget - Fund 436 1,024,921 1,696,800 2,100,461 621,260
Page 34 of 158
Schedule C
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Workers' Comp Fund (#503)
2026 Adopted Budget 3,663,569 1,225,300 1,060,400 3,828,469
Previous Budget Amendments 301,010 - - 301,010
2026 Amended Budget 3,964,579 1,225,300 1,060,400 4,129,479
BA#3 (Ordinance #7000, Proposed):(200,000) - - (200,000)
Increase to Medical & Time Loss Claims (200,000) - - (200,000)
Revised 2026 Budget - Fund 503 3,764,579 1,225,300 1,060,400 3,929,479
Facilities Fund (#505)
2026 Adopted Budget 398,740 4,932,800 4,947,759 383,781
Previous Budget Amendments (381,075) - - (381,075)
2026 Amended Budget 17,665 4,932,800 4,947,759 2,706
BA#3 (Ordinance #7000, Proposed):- 204,620 204,620 -
City Wide – Annual HVAC Preventative Maintenance - 70,000 70,000 -
City Wide - Annual Generator Preventative Maintenance - 40,000 40,000 -
CEM Security Contract I/F Alloc - 16,620 16,620 -
Security Contract I/F Alloc.- 78,000 78,000 -
Revised 2026 Budget - Fund 505 17,665 5,137,420 5,152,379 2,706
Equipment Rental Fund (#550)
2026 Adopted Budget 6,854,096 7,794,805 5,834,743 8,814,158
Previous Budget Amendments 145,213 - - 145,213
2026 Amended Budget 6,999,309 7,794,805 5,834,743 8,959,371
BA#3 (Ordinance #7000, Proposed):(140,261) - - (140,261)
F117 – Undercover Vehicle Purchase (36,000) - - (36,000)
Equip. Rental CF Reimbursement (104,261) - - (104,261)
Revised 2026 Budget - Fund 550 6,859,048 7,794,805 5,834,743 8,819,110
Page 35 of 158
Schedule C
Summary of 2026 Budget Adjustments by Fund
Budget Amendment #3 (Ordinance #7000)
Beg. Fund Balance Revenues Expenditures
Ending Fund
Balance
Fire Pension Fund (#611)
2026 Adopted Budget 1,797,248 176,500 207,840 1,765,908
Previous Budget Amendments 2,517 - - 2,517
2026 Amended Budget 1,799,765 176,500 207,840 1,768,425
BA#3 (Ordinance #7000, Proposed):(35,000) - - (35,000)
Increase Fire Pension Salaries (35,000) - - (35,000)
Revised 2026 Budget - Fund 611 1,764,765 176,500 207,840 1,733,425
Grand Total - All Funds
2026 Adopted Budget 141,526,173 280,938,953 289,766,103 132,699,023
Previous Budget Amendments 28,077,239 411,941 641,108 27,848,072
2026 Amended Budget 169,603,412 281,350,894 290,407,211 160,547,095
Total BA#3 (Ordinance #7000, Proposed):(48,012) 3,110,620 2,429,615 632,993
Revised 2026 Budget 169,555,400 284,461,514 292,836,826 161,180,088
454,016,914 454,016,914
Page 36 of 158
Schedule D
2026 Ending Fund Balance/Working Capital
by Fund
Fund
2026
Amended
Beginning
Balance
2026
Amended
Ending
Balance
BA#3
(ORD #7000)
Revenues
BA#3
(ORD #7000)
Expenditures
BA#3
(ORD #7000)
Net Change in
Fund Balance
Revised Ending
Balance
General Fund (#001)47,115,431 39,813,686 (11,270,769) 1,803,700 (13,074,469) 26,739,217
General Transportation Fund (#102)3,613,399 5,054,072 1,122,767 - 1,122,767 6,176,839
Hotel/Motel Tax Fund (#104)321,681 323,081 - - - 323,081
Arterial Street Preservation Fund (#105)5,123,346 5,105,346 (1,122,767) - (1,122,767) 3,982,579
Drug Forfeiture Fund (#117)725,649 580,863 (77,500) - (77,500) 503,363
Recreation Trails Fund (#120)61,223 68,723 - - - 68,723
Cumulative Reserve Fund (#122)26,992,492 26,246,892 13,300,000 - 13,300,000 39,546,892
Mitigation Fees Fund (#124)4,262,088 2,704,615 - - - 2,704,615
2020 LTGO A&B Refunding Bonds Fund (#232)476,100 476,200 - - - 476,200
Parks Construction Fund (#321)566,475 592,775 6,000 106,000 (100,000) 492,775
Capital Improvements Fund (#328)5,085,885 5,106,385 2,201,231 - 2,201,231 7,307,616
Local Revitalization Fund (#330)47,337 48,337 - - - 48,337
Real Estate Excise Tax Fund (#331)10,940,954 11,211,254 (674,992) - (674,992) 10,536,262
Water Fund (#430)8,416,113 7,329,442 (300,721) 287,275 (587,996) 6,741,446
Sewer Fund (#431)17,784,287 16,864,059 400,000 21,900 378,100 17,242,159
Storm Drainage Fund (#432)9,279,829 8,007,955 - 3,200 (3,200) 8,004,755
Sewer Metro Sub Fund (#433)4,918,211 4,961,211 - - - 4,961,211
Solid Waste Fund (#434)2,282,491 3,108,961 (350,000) - (350,000) 2,758,961
Airport Fund (#435)1,338,364 877,739 - 700 (700) 877,039
Cemetery Fund (#436)1,024,921 623,480 - 2,220 (2,220) 621,260
Insurance Fund (#501)1,150,034 987,534 - - - 987,534
Workers' Comp Fund (#503)3,964,579 4,129,479 (200,000) - (200,000) 3,929,479
Facilities Fund (#505)17,665 2,706 204,620 204,620 - 2,706
Innovation & Technology Fund (#518)2,665,215 2,873,935 - - - 2,873,935
Equipment Rental Fund (#550)6,999,309 8,959,371 (140,261) - (140,261) 8,819,110
Fire Pension Fund (#611)1,799,765 1,768,425 (35,000) - (35,000) 1,733,425
Cemetery Endowment Fund (#701)2,630,569 2,720,569 - - - 2,720,569
Page 37 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7003 (Thomas)
An Ordinance establishing the levy for Regular Property Taxes by the City
of Auburn for collection in 2026 for general City operational purposes in the
amount of $25,843,584
(RECOMMENDED ACTION: Move to approve Ordinance No. 7003.)
November 17, 2025
Department: Attachments: Budget Impact:
Finance Ordinance No. 7003
Administrative Recommendation:
City Council to approve Ordinance No. 7003.
Background for Motion:
Ordinance No. 7003 establishes the 2026 levy for Property Taxes by the City of Auburn for general
City operational purposes in the amount of $25,843,584, which represents a 1% increase over the
amount levied in the prior year.
Background Summary:
Proposed Ordinance No. 7003 establishes the 2026 Property Tax levy based on the assessed
valuations provided by King County plus a 1% increase over 2025, which totals $26,843,584.
Additionally, the City will levy one-time increases due to new construction from prior years and
refunds, which are estimated to total $301,766. The following table summarizes the 2026 Property
Tax levy calculation.
2025 Property Tax Levy $25,587,707
Add: 1% 255,877
Add: New Construction (at prior year levy rate) 176,247
Add: Refunds 125,519
2026 Property Tax Levy $26,145,350
As of this date, the County has preliminarily established the 2026 assessed valuation (including
estimated new construction) for the City of Auburn at $19.6 billion, which is a 2.44% increase over the
2025 assessed value of $19.2 billion. The 2026 Property Tax levy will be distributed to the General
Fund to support general governmental operations.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 38 of 158
--------------------------------
Ordinance No. 7003
November 6, 2025
Page 1 of 2
ORDINANCE NO. 7003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING THE LEVY FOR
REGULAR PROPERTY TAXES BY THE CITY OF AUBURN
FOR COLLECTION IN 2026 FOR GENERAL CITY
OPERATIONAL PURPOSES IN THE AMOUNT OF
$25,843,584
WHEREAS, the City Council of the City of Auburn has met and considered
its budget for the calendar year 2026; and
WHEREAS, pursuant to RCW 84.55.120 the City Council held Public
Hearings on November 17, 2025, after proper notice was given, to consider the City
of Auburn's 2025-2026 mid-biennial budget review and the regular property tax levy;
and
WHEREAS, the City Council of the City of Auburn, after Public Hearing, and
after duly considering all relevant evidence and testimony presented, has
determined that the City of Auburn requires property tax revenue and any increase
of new construction and improvements to property, any increase in the value of
state-assessed property, annexations, and any refund levies in order to discharge
the expected expenses and obligations of the City and in its best interest; and
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regular property taxes for collection in the City of Auburn
for the year 2026 are authorized in the amount of $25,843,584. Not including the
addition of new construction and improvements to property, any increases related
Page 39 of 158
--------------------------------
Ordinance No. 7003
November 6, 2025
Page 2 of 2
to the value of state assessed property, and any refund levies available. The regular
property tax levy for 2026 collection represents an increase of $255,877, or 1%,
from regular property taxes levied for collection in 2025.
Section 2. Implementation. The Mayor is hereby authorized to implement
those administrative procedures necessary to carry out the directions of this
legislation.
Section 3. 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 4. 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: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 40 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7004 (Thomas)
An Ordinance amending Sections 13.06.360, 13.20.440, and 13.48.100 of
the Auburn City Code (ACC), relating to City Utility Rates
(RECOMMENDED ACTION: Move to approve Ordinance No. 7004.)
November 17, 2025
Department: Attachments: Budget Impact:
Finance Ordinance No. 7004, 7004
Exhibit A--Table for 13-06-360,
7004 Exhibit B--Table for 13-20-
440, 7004 Exhibit C--Table for
13-48-100
Administrative Recommendation:
City Council to approve Ordinance No. 7004.
Background for Motion:
This Ordinance amends Ordinance No. 6912, and adjusts the City of Auburn's Water, Sanitary Sewer
and Storm Drainage Utility Rates for the years 2026–2028, in order to ensure sustainability in the
City's utility operations and infrastructure.
Background Summary:
The City of Auburn provides water, sewer, and stormwater services to its utility customers. In 2025,
the City contracted with FCS Group to perform a Water, Sanitary Sewer, and Storm Drainage Utility
Rate Study to review the adequacy of existing rates and to propose new rates as appropriate.
The FCS study elements completed to date include:
1. A review of "revenue requirements" for each utility, which encompass the costs that the City needs
to recover on an ongoing basis from utility ratepayers.
2. A cost of service analysis that determines the relative burden each customer class places on the
utility. A comparison of existing revenues with the cost of service results then indicates whether each
class is paying its fair share of costs for each utility system.
3. A review of system development charges, which are one-time charges imposed on new
development or expended connection to the system.
Page 41 of 158
4. A review of wholesale rates.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 42 of 158
--------------------------------
Ordinance No. 7004
November 6, 2025
Page 1 of 2
ORDINANCE NO. 7004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS
13.06.360, 13.20.440, AND 13.48.100 OF THE AUBURN
CITY CODE (ACC), RELATING TO CITY UTILITY RATES
WHEREAS, pursuant to its powers in RCW 35.92, the City has established water,
sewer, and storm drainage utilities to serve its residents;
WHEREAS, consistent with its responsibilities to operate these utilities in a cost-
effective manner and in a manner that reflects the City’s actual operating costs, the City
periodically reviews its utility rate structure to ensure that its rates are set appropriately;
WHEREAS, in 2025, the City consulted with FCS Group to study the City’s current
utility rates against the City’s cost of utility service delivery and revenue requirements;
WHEREAS, in light of the above recitals, and following the FCS Group utility rate
review conducted at City staff request, City staff recommends that City utility rates should
be adjusted as reflected in this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 13.06.360 of the Auburn City
Code is hereby amended to read as set forth in Exhibit A to this Ordinance.
Section 2. Amendment to City Code. Section 13.20.440 of the Auburn City
Code is hereby amended to read as set forth in Exhibit B to this Ordinance.
Section 3. Amendment to City Code. Section 13.48.100 of the Auburn City
Code is hereby amended to read as set forth in Exhibit C to this Ordinance.
Page 43 of 158
--------------------------------
Ordinance No. 7004
November 6, 2025
Page 2 of 2
Section 4. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 5. 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 6. 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: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 44 of 158
EXHIBIT A—ORD. 7004
ACC 13.06.360 Water service Rates – Generally.
A. Except as provided in subsections B and C of this section, e ffective January 1, 2026,
the monthly base rate for all water user classifications except interruptible wholesale
shall be as set forth in Table 13.06.360-1 below.
Table 13.06.360-1.
Monthly Charge
Meter Size (inches)
Effective
January 1,
2026
Effective
January 1,
2027
Effective
January 1,
2028
5/8, 3/4 $ 24.43 $ 26.34 $ 28.39
1 (Single-Family
Residential)
$ 24.43 $ 26.34 $ 28.39
1 (All Other
Classes)
$ 27.41 $ 29.55 $ 31.85
1-1/2 $ 29.85 $ 32.18 $ 34.69
2 $ 34.41 $ 37.09 $ 39.98
3 $ 66.18 $ 71.34 $ 76.90
4 $ 83.04 $ 89.52 $ 96.50
6 $ 106.12 $ 114.40 $ 123.32
8 $ 137.09 $ 147.78 $ 159.31
10 $ 194.65 $ 209.83 $ 226.20
Page 45 of 158
Charge per 100 cubic feet (ccf)
Customer Class
Effective
January 1,
2026
Effective
January 1,
2027
Effective
January 1,
2028
Single-Family
Residential:
0 to 7 ccf $ 4.84 $ 5.22 $ 5.63
7.01 to 15 ccf $ 5.92 $ 6.38 $ 6.88
Over 15 ccf $ 6.74 $ 7.27 $ 7.84
Multifamily Residential $ 5.80 $ 6.25 $ 6.74
Commercial $ 6.11 $ 6.59 $ 7.10
Manufacturing/Industrial $ 5.97 $ 6.44 $ 6.94
Schools $ 6.50 $ 7.01 $ 7.56
Municipal/City Accounts $ 6.02 $ 6.49 $ 7.00
Irrigation $ 8.04 $ 8.67 $ 9.35
Wholesale (Algona) $ 2.71 $ 2.79 $ 2.88
Fifty percent shall be added to all rates for water service for customers outside the city
limits. City of Auburn utility taxes are included in the monthly rate for all customers
except wholesale accounts. Wholesale rates exclude the 50 percent out -of-city service
charge and state excise taxes.
B. Interruptible wholesale water supply customers shall pay monthly the sum of the
following:
1. Standby Service Charge: the cost to maintain, repair, and replace the infrastructure
required to provide water utility service to the interruptible wholesale water customer
when the customer requests water supply from the city of Auburn. This charge also
includes the interruptible wholesale water customer’s proportional share of the peak
capacity charge imposed on the City by Tacoma Public Utilities. This is a fixed monthly
charge and does not include the delivery of any quantity of water.
Page 46 of 158
2. Usage Charge: the cost of water supply. The charge is based on actual water
deliveries, if any, during the month times the usage rate.
3. Purchased Water Surcharge: In any month in which water is purchased from
Tacoma Public Utilities or other external agency, the interruptible wholesale customer
shall pay an additional charge of $2.53 per ccf, applied to the quantity of water
purchased by the city of Auburn during the month to supply the interruptible wholesale
customer.
Interruptible Wholesale Rates
Charge
Effective
January 1,
2026
Effective
January 1,
2027
Effective
January 1,
2028
Standby Service Charge (per
month)*
$ 2,131.05 $ 2,141.74 $ 2,153.27
Usage Charge (per ccf) $ 2.49 $ 2.56 $ 2.64
Purchased Water Surcharge
(per ccf of water purchased)**
$ 2.53 $ 2.53 $ 2.53
* The Standby Service Charge (per month) rates shown are based on the most current
information provided to the City by Tacoma Public Utilities for its contracted peak capacity
charge per month. Rates may be adjusted as necessary to account for the interruptible
wholesale customer’s calculated proportional share of the peak capacity charge when Tacoma
Public Utilities releases updates.
** Purchased Water Surcharge rates to change if Tacoma Public Utilities updates its wholesale
summer season peaking rate.
C. Water customers served by the City’s Braunwood water system. City water
customers served by the City’s Satellite Water System for Braunwood Estates
(approved by City Resolution 2114) shall be subject to the following monthly water
service rates, effective January 1, 2026:
Page 47 of 158
Monthly Charge
Meter Size (inches)
Effective
January 1,
2026
Effective
January 1,
2027
Effective
January 1,
2028
3/4" $ 24.43 $ 26.33 $ 28.39
1” $ 24.43 $ 26.33 $ 28.39
1-1/2” $ 29.85 $ 32.18 $ 34.69
2” $ 34.41 $ 37.09 $ 39.99
3” $ 66.18 $ 71.34 $ 76.90
4” $ 83.04 $ 89.52 $ 96.50
6” $ 106.12 $ 114.40 $ 123.32
8” $ 137.09 $ 147.78 $ 159.31
10” $ 194.65 $ 209.84 $ 226.20
Variable Charges based on ccf (100 cubic feet of water used)
Description
Effective
January 1,
2026
Effective
January 1,
2027
Effective
January 1,
2028
B1 (0-7 ccf) $ 4.84 $ 5.22 $ 5.62
B2 (7.01-15 ccf) $ 5.92 $ 6.38 $ 6.88
B3 (15.01 – 25 ccf) $ 6.74 $ 7.26 $ 7.83
B4 (25.01-38 ccf) $ 7.47 $ 8.05 $ 8.68
B5 (38+ ccf) $ 14.95 $ 16.12 $ 17.38
Page 48 of 158
EXHIBIT B—ORD. 7004
ACC 13.20.440 Sewer Rates and charges.
A. Sewer Rates. The monthly sewer charge to city of Auburn sanitary sewer customers
consists of two separate fees. Auburn sanitary sewer utility imposes a charge to
maintain, expand and operate the utility’s sewer conveyance facilities, and King County
imposes a separate fee for the service King County provides. No charge shall be
imposed by the city on the amount charged by King County, which amount the city shall
pass directly onto the customer as the cost of the service that King County is providing.
The Auburn monthly charge shall be as set forth in Table 13.20.440-1 below.
Table 13.20.440-1.
City of Auburn Monthly Charge
Customer Class
Effective
January 1,
2026
Effective
January 1,
2027
Effective
January 1,
2028
Single-Family Residential Rate --
Inside City Limits
$ 32.94 $ 33.60 $ 34.27
Single-Family Residential Rate --
Outside City Limits
$ 49.41 $ 50.40 $ 51.41
Non-Single-Family Residential
Rate -- Inside City Limits for the
first 750 cubic feet of water used
each month
$ 36.13 $ 36.85 $ 37.59
Plus for each additional 100 cubic
feet thereafter
$ 3.66 $ 3.73 $ 3.80
Non-Single-Family Residential
Rate -- Outside City Limits for the
first 750 cubic feet of water used
each month
$ 54.20 $ 55.28 $ 56.39
Plus for each additional 100 cubic
feet thereafter
$ 5.49 $ 5.60 $ 5.70
Page 49 of 158
Commercial accounts will be allowed to average winter water consumption for the billing
dates falling between December through May to determine the summer sewer rates for
the billing dates falling between July and October. Said allowance shall be upon
application and with appropriate justification that additional summer usage does not
enter the sewer system. The months of November through June shall be billed per
water used, at the rates noted above.
Commercial accounts without city water service shall be charged at the published rate
based on a city-approved water meter or other acceptable means of recording water
use. The meter shall be read by the city to determine sewage charges on commercial
private water systems.
Commercial accounts that have industrial use of domestic water that is not discharged
into the sanitary sewer system may request a deduct meter to measure the water that is
actually discharged to the sewer system. The customer will be allowed to deduct the
amount of water usage that is not discharged to the sanitary sewer system.
Irrigation meters shall not be billed for sanitary sewer service.
B. Permit Fees. Permit fees for side sewer repair, replacement, inspection, or
installation of side sewers shall be as shown in the city of Auburn fee schedule.
Page 50 of 158
EXHIBIT C—ORD. 7004
ACC 13.48.100 Storm Water Rates.
A. The customer classes and rates below are based upon the cost of services provided
by the storm utility. The storm water rates shall be as set forth in Table 13.48.100 -1
below.
Table 13.48.100-1.
ESU1 Rate per Month
Customer Class
Effective
January 1,
2026
Effective
January 1,
2027
Effective
January 1,
2028
Single-Family Residential Parcels
and Two-Family Residential
Parcels
$ 19.94 $ 20.59 $ 21.26
Single-Family with Detention and
Water Quality Treatment
$ 15.56 $ 16.07 $ 16.59
Non-Single-Family $ 19.94 $ 20.59 $ 21.26
Non-Single-Family with Detention $ 17.16 $ 17.72 $ 18.30
Non-Single-Family with Retention $ 14.37 $ 14.84 $ 15.32
Non-Single-Family with Water
Quality Treatment
$ 18.34 $ 18.94 $ 19.56
Non-Single-Family with Detention
and Water Quality Treatment
$ 15.56 $ 16.07 $ 16.59
Non-Single-Family with Retention
and Water Quality Treatment
$ 12.77 $ 13.19 $ 13.62
1 An “equivalent service unit (ESU)” is defined in ACC 13.48.010 as 2,600 square feet
of impervious surface.
The customer classes set forth in this subsection shall be applicable only if the
qualifying on-site facilities have met applicable city standards upon installation, have
received city approval of construction, and are in conformity with the applicable
Page 51 of 158
operations and maintenance standards. If the city determines that the operation and
maintenance standards are not being complied with, the customer class shall be
determined to be that of non-single-family only, until operation and maintenance of the
facilities meet city standards. The customer being billed may apply in writing for a
system inspection. If the inspection shows that the facilities meet city standards, the
customer will be reclassified to the previous class.
B. Developed Parcels. Only developed parcels containing impervious surfaces as
defined in ACC 13.48.010 shall be charged.
C. Multiple Class Accounts. When a developed non-single-family parcel contains more
than one customer class, the appropriate rate for each customer class will be
calculated, and the aggregate total summed for billing.
Page 52 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7005 (Gaub)
An Ordinance granting to Soos Creek Water and Sewer District, a
Washington Municipal Corporation, a franchise for Sanitary Sewer Facilities
(RECOMMENDED ACTION: Move to approve Ordinance No. 7005.)
November 17, 2025
Department: Attachments: Budget Impact:
Public Works Ordinance No. 7005, Sewer
Service Area Map
Administrative Recommendation:
City Council to approve Ordinance No. 7005.
Background for Motion:
This Ordinance would allow Soos Creek Water and Sewer District to continue to operate existing
sanitary sewer facilities in the public ways within the Auburn City limits. Soos Creek currently provides
wastewater collection and conveyance for treatment and disposal within the portion of Soos Creek’s
sewer service boundary area that is within the Auburn City limits.
Background Summary:
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or telecommunications
carrier or operator to use public ways of the City and to provide service to persons or areas inside or
outside of the City.
Soos Creek Water and Sewer District has applied for a new Franchise Agreement to continue to
operate their existing sanitary sewer facilities in the public ways within the Auburn City limits. The
facilities currently provide wastewater collection and conveyance for treatment and disposal within the
portion of Soos Creek’s sewer service boundary area that is within the Auburn City limits.
The proposed agreement is consistent with the City’s standard Franchise Agreement language. Any
construction, maintenance, improvements, repairs, upgrades or expansion to Soos Creek’s facilities
are managed through the City’s permitting processes that are a requirement of the Franchise
Agreement. The proposed agreement would be valid for a term of 20 years.
A staff presentation was given at the October 29, 2025, Study Session discussing draft Ordinance
No. 7005. A Public Hearing to consider this application and hear public comment was held before the
City Council on November 3, 2025, in accordance with Auburn City Code 20.04.040.
Page 53 of 158
Ordinance No. 7005 authorizes Franchise Agreement No. FRN25-0004 with Soos Creek Water and
Sewer District subject to terms and conditions outlined in the Ordinance.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 54 of 158
Ordinance No. 7005
Franchise Agreement No. FRN25-0004
September 19, 2025
Page 1 of 19
ORDINANCE NO. 7005
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
SOOS CREEK WATER AND SEWER DISTRICT, A
WASHINGTON MUNICIPAL CORPORATION, A
FRANCHISE FOR SANITARY SEWER FACILITIES
WHEREAS, The Soos Creek Water and Sewer District (“Franchisee”) has
applied for a non-exclusive Franchise for the right of entry, use, and occupation of
certain public ways within the City of Auburn (“City”), expressly to install, construct,
operate, maintain, repair, relocate, and remove its facilities in, on, over, under
along, and/or across those public ways; and
WHEREAS, following proper notice, the City Council held a Public Hearing
on Franchisee’s request for a Franchise; and
WHEREAS, based on the information presented at such public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City to grant the Franchise to Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions
For the purpose of this Franchise and the interpretation and enforcement thereof,
definitions of words and phrases shall be in accordance with the definitions set
forth in this Franchise and in Auburn City Code 20.02.020. If there is a conflict
between any of the definitions set forth in this Franchise and the definitions set
forth in Auburn City Code 20.02.020, the definitions in this Franchise shall govern
to the extent of such conflict.
A. “ACC” means the Auburn City Code.
B. “Force Majeure Event” means and shall include without limitation,
war, civil disturbance; flood, earthquake or other Act of God; storm or other
condition which necessitates the mobilization of the personnel of a Party or its
contractors to restore utility service; laws, regulations, rules or orders of any
governmental agency; a public health emergency as declared by the State of
Washington or local County governing the Franchise Area; sabotage; strikes or
similar labor disputes involving personnel of a party, its contractors or a third party;
Page 55 of 158
Ordinance No. 7005
Franchise Agreement No. FRN25-0004
September 19, 2025
Page 2 of 19
or any failure or delay in the performance by the other party, or third party who is
not an employee, agent or contractor of the party claiming a Force Majeure Event,
in connection with this Franchise.
C. “Franchise” means this agreement approved by Ordinance No. 7005
of the City which authorizes Franchisee Facilities to provide Franchisee Services
in the Franchise Area.
D. “Franchise Area” means all public ways within the current city limits
and within any future adjusted boundaries of the city limits and which are also
within the Franchisee’s service area boundary per the Service Area Agreement
between the City and the Franchisee authorized under Resolution No. 3391 as
amended, and per applicable law. The effective date of any such changes in the
city limits will be the effective date(s) of any future annexations.
E. “Franchisee Facilities” means pipes, including service laterals,
manholes, cleanouts, pump stations, treatment facilities, and all other
appurtenances necessary or convenient for the purposes of providing wastewater
collection and conveyance, that are constructed, operated, owned, and maintained
within the public ways that are located in the Franchise Area.
F. “Franchisee Services” means providing wastewater collection and
conveyance for treatment and disposal. Sewer service extends from the sewer
main, through a service lateral, to the cleanout or right-of-way line.
G. “Public Improvement” means any capital improvement,
maintenance, or repair that is undertaken by or on behalf of the City and is funded
by the City (either directly or indirectly with its own funds or with other public monies
obtained by the City), including any capital improvement within the City’s adopted
Transportation Improvement Plan or Capital Facilities Plan.
Section 2. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated in this Franchise, the City
grants to the Franchisee general permission to enter, use, and occupy the public
ways within the Franchise Area, located within the incorporated area of the City.
Franchisee may locate the Franchisee’s Facilities within the Franchise Area
subject to all applicable laws, regulations, and permit conditions.
B. The Franchisee is authorized to install, remove, construct, operate,
maintain, relocate, upgrade, replace, restore, and repair Franchisee’s Facilities to
provide Franchisee Services in the Franchise Area.
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September 19, 2025
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C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Franchisee Facilities and Franchisee Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Franchisee Facilities and Franchisee Services, on public or private
property elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including other franchise agreements, impacting
the Franchise Area, for any purpose that does not interfere with Franchisee’s rights
under this Franchise.
E. Except as explicitly set forth in this Franchise, this Franchise does
not waive any rights the City has or may acquire with respect to the Franchise Area
or any other City roads, public ways, or property. This Franchise will be subject to
the power of eminent domain, and in any proceeding under eminent domain, the
Franchisee acknowledges its use of the Franchise Area shall have no value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any public way within the Franchise Area. If, at any time during the term of
this Franchise, the City vacates any portion of the Franchise Area containing
Franchisee Facilities, the City may reserve an easement for public utilities within
that vacated portion, pursuant to Chapter 35.79.030 RCW, within which the
Franchisee may continue to operate any existing Franchisee Facilities under the
terms of this Franchise for the remaining period set forth under Section 4.
G. The Franchisee agrees that its use of Franchise Area shall, at all
times, be subordinated to, and subject to the City and the public’s need for
municipal infrastructure, travel, and access to the Franchise Area, except as may
be otherwise required by law.
Section 3. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses unless a different
address is designated in writing and delivered to the other party. Any such notice
shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City. Any communication
made by e-mail or similar method will not constitute notice pursuant to this
Franchise, except in case of emergency notification.
City: Right-of-Way Specialist
Public Works Department - Transportation
City of Auburn
25 West Main Street
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Ordinance No. 7005
Franchise Agreement No. FRN25-0004
September 19, 2025
Page 4 of 19
Auburn, WA 98001-4998
Telephone: (253) 931-3010
Rowusepermit@auburnwa.gov
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: Soos Creek Water and Sewer District
Attn: General Manager
14616 SE 192nd Street
Renton, WA 98058
Telephone:253-630-9900
Customer_Service@sooscreek.com
B. Any changes to the above-stated Franchisee information shall be
sent to the City’s Right-of-Way Specialist, Public Works Department –
Transportation Division, with copies to the City Clerk, referencing the title of this
Franchise.
C. The above-stated Franchisee voice telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Franchisee at the following number for emergency or other needs outside
of normal business hours of the Franchisee: (253) 630-9900.
Section 4. Term of Franchise
A. This Franchise shall run for a period of twenty (20) years, from the
date of Franchise Acceptance as described in Section 5 of this Franchise.
B. Automatic Extension. If the Franchisee fails to formally apply for a
new franchise agreement prior to the expiration of this Franchise’s term or any
extension thereof, this Franchise automatically continues month to month until a
new franchise agreement is applied for and approved under the then current
process or until either party gives written notice at least one hundred and eighty
(180) calendar days in advance of intent to cancel this Franchise. Franchisee shall
be responsible for paying applicable fees for month-to-month Franchise status per
the City of Auburn fee schedule in effect at the time the Agreement goes into
month-to-month status.
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September 19, 2025
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Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Franchisee files with
the City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 15, and (3) payment of any
outstanding application fees required in the City Fee Schedule. These three items
will collectively be the “Franchise Acceptance”. The date that such Franchise
Acceptance is filed with the City Clerk will be the effective date of this Franchise.
B. If the Franchisee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) calendar days after the effective date of the ordinance
approving the Franchise as described in Section 26 of this Franchise, the City’s
grant of the Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Franchisee shall apply for, obtain, and comply with the terms of
all permits required under applicable law for any work done within the City.
Franchisee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Franchisee agrees to coordinate its activities with the City and all
other utilities located within the public way within which Franchisee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Franchisee’s Facilities will be installed within the public way and may require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Franchisee.
D. Franchisee’s Facilities shall be constructed, installed, maintained,
and repaired within the Franchise Area so as to provide safety of persons and
property, and not interfere with the free passage of traffic, all in accordance with
the laws of the State of Washington, and the ordinances, resolutions, rules and
regulations of the City.
E. Before beginning any underground work within the public way, the
Franchisee will comply with the One Number Locator provisions of Chapter 19.122
RCW to identify existing utility infrastructure.
F. Tree Trimming. Upon prior written approval of the City the
Franchisee shall have the authority to trim trees upon and overhanging streets,
public ways and places in the Franchise Area so as to prevent the branches of
such trees from coming in physical contact with the Franchisee’s Facilities.
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September 19, 2025
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Franchisee shall be responsible for debris removal from such activities. If such
debris is not removed within twenty-four (24) hours, the City may, at its sole
discretion, remove such debris and charge the Franchisee for the cost thereof.
This Section does not, in any instance, grant automatic authority to clear
vegetation for purposes of providing a clear path for radio signals. Any such
general vegetation clearing will require other permits as necessary from the City.
Section 7. Repair and Restorations
A. If the City Engineer determines that Franchisee’s Facilities or
Franchisee’s construction, maintenance, repair, relocation, or replacement of
facilities within the Franchise Area is the cause of damage, degradation, failure, or
substandard condition of a Street, during the term of this Franchise, the City will
notify Franchisee in writing and Franchisee will repair or replace the subject Street
to like condition and in accordance with City Engineering Design Standards and
subject to applicable permits, within ninety (90) calendar days of the City’s
notification, unless granted additional time by the City Engineer. If the City
determines the subject Street condition poses an immediate threat to health,
safety, vital traffic operations, property, or critical areas, Section 8 shall apply.
B. For purposes of this Section, “street” shall mean all City owned
improvements within a public way, including, but not limited to, the following:
pavement, sidewalks, curbing, above and below-ground utility facilities, traffic
control devices, landscape areas, and vegetation in unopened rights-of-way.
Section 8. Emergency Repair Work
A. In the event of an emergency, the Franchisee may commence repair
and emergency response work as required under the circumstances. The
Franchisee will notify the City telephonically during normal business hours (at 253-
931-3010) and during non-business hours (at 253-876-1985) as promptly as
possible, before such repair or emergency work commences, and in writing as
soon thereafter as possible. Such notification shall include the Franchisee’s
emergency contact phone number for corresponding response activity.
B. The City may commence emergency response work at any time,
without prior notice to the Franchisee, but will notify the Franchisee telephonically
as promptly as possible under the circumstances and in writing soon thereafter.
Franchisee will reimburse the City for the City’s actual cost of performing
emergency response work.
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September 19, 2025
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Section 9. Damages to City and Third-Party Property
Franchisee agrees that if any of its actions, or the actions of any person,
agent, or contractor acting on behalf of the Franchisee under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Franchisee will restore, at its own cost and expense, the property to a
safe condition. Upon returning the property to a safe condition, the property shall
then be returned to the condition it was in, or better, immediately prior to being
damaged (if the safe condition of the property is not the same as that which existed
prior to damage). All repair work shall be performed and completed to the
satisfaction of the City Engineer.
Section 10. Location Preference
A. Any structure, equipment, appurtenance, or tangible property of a
utility or other franchisee, other than the Franchisee’s, which was installed,
constructed, completed or in place prior in time to Franchisee’s application for a
permit to construct or repair Franchisee’s Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee’s Facilities.
However, to the extent that the Franchisee’s Facilities are completed and installed
before another utility or other franchisee’s submittal of a permit for new or
additional structures, equipment, appurtenances, or tangible property, then the
Franchisee’s Facilities will have priority. These rules governing preference shall
continue when relocating or changing the grade of any City road or public way. A
relocating utility or franchisee will not cause the relocation of another utility or
franchisee that otherwise would not require relocation. This Section will not apply
to any City facilities or utilities that may in the future require the relocation of
Franchisee’s Facilities. Such relocations will be governed by Section 11.
B. When constructing new Franchisee Facilities, or replacing or
reconstructing Franchisee Facilities, Franchisee shall maintain minimum
underground separation requirements from all City water, sanitary sewer, and
storm water facilities in accordance with the City Engineering Design and
Construction Standards; provided, that for development of new areas, the City, in
consultation with Franchisee and other utility purveyors or authorized users of the
Franchise Area, will develop and follow the City’s determination of guidelines and
procedures for determining specific utility locations, subject additionally to this
agreement.
Section 11. Relocation of Franchisee Facilities
A. Whenever the City causes a Public Improvement to be constructed
within the Franchise Area, and such Public Improvement requires the relocation of
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Franchisee Facilities within the Franchise Area (for purposes other than those
described in Section 11.B below):
1. The City shall provide Franchisee with written notice
requesting such relocation, along with review plans and/or other detailed
document(s) for the Public Improvement that are sufficiently complete as
determined by the City Engineer to allow for Franchisee’s initial evaluation
and coordination of the relocation. The City shall provide the Franchisee
with the City’s anticipated construction schedule and the date, either before
or during the construction of the Public Improvement, the City requires the
Franchisee to complete the relocation. If the Franchisee desires
clarification, alternatives to relocation, or a relocation schedule that varies
from that provided by the City, the Franchisee will provide written request
to the City within fourteen (14) calendar days of receiving the relocation
notice from the City and then Section 11.A.2 shall apply to the relocation,
otherwise, the Franchisee agrees to conduct the relocation as required by
the City and Section 11.A.2 shall not apply to the relocation.
2. Subject to the notice requirement of Section 11.A.1, the City
and Franchisee shall discuss relocation requirements and schedule, and
jointly identify and define the project requirements, schedule, and timeframe
of relocation that the Parties agree shall govern the relocation. The Parties
will document the mutual agreement of these terms in writing. Except as
approved otherwise in writing by the City, in no case shall the Franchisee’s
relocation be completed more than 180 calendar days after initial
notification by the City.
3. Franchisee shall relocate such Franchisee Facilities within the
Franchise Area, at no charge to the City and in accordance with the
relocation schedule required by the City or otherwise mutually agreed upon
by the Parties per Section 11.A.2.
B. Whenever (i) any public or private development within the Franchise
Area, other than a Public Improvement, requires the relocation of Franchisee
Facilities within the Franchise Area to accommodate such development: or (ii) the
City requires the relocation of Franchisee Facilities within the Franchise Area for
the benefit of any person or entity other than the City (including, without limitation,
any conditions or requirement imposed by the City on such person or entity
pursuant to any contract or in conjunction with approvals or permits for zoning,
land use, construction or development), then in such event, Franchisee shall have
the right as a condition of such relocation, to require such developer, person or
entity to make payment to Franchisee, at a time and upon terms acceptable to
Franchisee, for any and all costs and expenses incurred by Franchisee in
connection with such relocation of Franchisee Facilities.
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September 19, 2025
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C. Subject to the terms of this Section 11 and consistent with Section
14 and to the maximum extent provided by applicable law, Franchisee shall
reimburse the City for any costs, expenses, and/or damages incurred as a result
of: 1) The Franchisee not providing the City accurate or sufficient location or other
information regarding Franchise Facilities during design or construction of the
Public Improvement, or 2) Franchisee’s delay in meeting the mutually-established
schedule for the relocation work required to accommodate a Public Improvement
to the extent the delay is directly caused by Franchisee's breach of its obligations
under this Section 11 with respect to the relocation of Franchisee Facilities in
accordance with the mutually established schedule for the relocation work.
D. Nothing in this Section 11 shall require Franchisee to bear any cost
or expense in connection with the location or relocation of any Franchisee Facilities
then existing pursuant to easement or such other rights not derived from this
Franchise.
E. In the event that a conflict with Franchise Facilities is discovered
during construction of a Public Improvement, Section 11.A.2 shall apply except
that in no case shall the Franchisee’s relocation be completed more than 7
calendar days after the conflict discovery and notification by the City, except as
agreed upon otherwise by the City. Additionally, any and all costs associated with
the conflict shall be subject to Section 11.C.
Section 12. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty (180) calendar days of Franchisee’s
permanent cessation of use of any portion of the Franchisee Facilities, the
Franchisee will, at the City’s discretion, either abandon in place or remove the
affected facilities.
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee Facilities. Any plan for abandonment of
Franchisee Facilities must be approved in writing by the City.
C. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 13. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
requested by the City that the City determines is necessary to coordinate municipal
functions with Franchisee’s activities and fulfill any municipal obligations under
state law. Said information will include, at a minimum, as-built drawings of
Franchisee’s Facilities, installation inventory, and maps and plans showing the
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September 19, 2025
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location of existing or planned facilities within the City. Said information may be
requested either in hard copy or electronic format, compatible with the City’s
database system, including the City’s Geographic Information System (GIS)
database. Franchisee and the City will meet upon request from either Party,
generally at 1-year intervals for the purpose of sharing known plans each Party
may have that could affect the other Party’s use and management of the Franchise
Area.
B. The parties understand that Chapter 42.56 RCW and other
applicable law may require public disclosure of information given to the City.
Section 14. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, which arises out of Franchisee’s acts, errors or omissions, or from the
conduct of Franchisee’s business, or from any activity, work or thing done,
permitted, or suffered by Franchisee arising from or in connection with this
Franchise, except only such injury or damage as shall have been occasioned by
the sole negligence of the City.
However, should a court of competent jurisdiction determine that this Franchise is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Franchisee and the City, its officers, officials,
employees, and volunteers, the Franchisee’s liability hereunder shall be only to the
extent of the Franchisee’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Franchisee’s
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this Section shall survive the expiration or termination
of this Franchise.
B. The Franchisee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Franchisee’s Facilities
caused by maintenance and/or construction work performed by, or on behalf of,
the City within the Franchise Area or any other City road, public way, or other
property, except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Franchisee acknowledges that neither the City nor any other
public agency with responsibility for firefighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench or
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September 19, 2025
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confined space rescue. The Franchisee, and its agents, assigns, successors, or
contractors, will make such arrangements as Franchisee deems fit for the provision
of such services. The Franchisee will hold the City harmless from any liability
arising out of or in connection with any damage or loss to the Franchisee for the
City’s failure or inability to provide such services, and, pursuant to the terms of
Section 14.A., the Franchisee will indemnify the City against any and all third-party
costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s
failure or inability to provide such services.
D. The Franchisee shall be solely and completely responsible to
perform all work related to this Franchise in compliance with all applicable law.
The Franchisee’s attention is directed to the requirements of the Washington
Industrial Safety and Health Act, Chapter 49.17 RCW. The Franchisee shall be
solely and completely responsible for safety and safety conditions on its job sites
and for its work within the Franchise Area, including the safety of all persons and
property during performance of any works therein. The services of the City or
City’s consultant personnel in conducting construction review of the Franchisee’s
work relating to the Franchise is not intended to include review of the adequacy of
the Franchisee’s work methods, equipment, scaffolding, or trenching, or safety
measures in, on or near such job site within the public way. The Franchisee shall
provide safe access for the City and its inspectors to adequately inspect the work
and its conformance with applicable law and the Franchise.
E. Indemnification for Relocation. Franchisee will defend, indemnify,
and hold the City harmless for any damages, claims, additional costs or reasonable
expenses and attorneys’ fees, including contractor construction delay damages,
assessed against or payable by the City and arising out of or resulting from
Franchisee’s negligence or willful misconduct contributing to Franchisee’s failure
to remove, adjust, or relocate any of its facilities in the public way in accordance
with any relocation required by the City, provided that Franchisee will not be liable
under this Section if Franchisee’s failure to remove, adjust, or relocate any of its
facilities is the result of a Force Majeure Event.
Section 15. Insurance
A. The Franchisee shall procure and maintain for the duration of this
Franchise and as long as Franchisee has Facilities in the public way, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with this franchise and use of the public way.
B. No Limitation. The Franchisee’s maintenance of insurance as
required by this Franchise shall not be construed to limit the liability of the
Franchisee to the coverage provided by such insurance, or otherwise limit the
City’s recourse to any remedy available at law or in equity.
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September 19, 2025
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C. Minimum Scope of Insurance. The Franchisee shall obtain
insurance of the types and coverage described below:
1. Commercial General Liability insurance shall be at least as
broad as Insurance Services Office (ISO) occurrence form CG 00 01 and
shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury
and advertising injury, pollution liability, and liability assumed under an
insured contract. There shall be no exclusion for liability arising from
explosion, collapse or underground property damage. The City shall be
named as an additional insured under the Franchisee’s Commercial
General Liability insurance policy with respect this Franchise.
2. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be at least as broad as
ISO form CA 00 01.
3. Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise covering losses caused by pollution
conditions that arise from the operations of the Franchisee. Contractors
Pollution Liability shall cover bodily injury, property damage, cleanup costs
and defense, including costs and expenses incurred in the investigation,
defense, or settlement of claims.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage as the Franchisee’s Commercial General
Liability and Automobile Liability insurance. The City shall be named as an
additional insured on the Franchisee’s Excess or Umbrella Liability
insurance policy.
D. Minimum Amounts of Insurance. The Franchisee shall maintain
insurance that meets or exceeds the following limits:
1. Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general
aggregate.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per
accident.
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3. Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least
$2,000,000.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington and employer’s liability
insurance with limits of not less than $1,000,000.
5. Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate.
The Excess or Umbrella Liability requirement and limits may be satisfied
instead through Franchisee’s Commercial General Liability and Automobile
Liability insurance, or any combination thereof that achieves the overall
required limits.
E. Other Insurance Provisions. Franchisee’s Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that
they shall be primary insurance as respect to the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of
the Franchisee’s insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII. This requirement may be fulfilled
by the Franchisee’s membership and coverage in Enduris, a self-insured municipal
risk pool.
G. Contractors and Subcontractors. The Franchisee shall cause each
and every contractor and subcontractor to provide insurance coverage that
complies with all applicable requirements of the Franchisee-provided insurance as
set forth herein, except that the Franchisee shall have sole responsibility for
determining the limits of coverage required to be obtained by contractors and
subcontractors. The Franchisee shall ensure that the City is an additional insured
on each and every contractor’s and subcontractor’s Commercial General liability
insurance policy using an endorsement as least as broad as ISO CG 20 26.
H. Verification of Coverage. The Franchisee shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of this Franchise. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements required in this Franchise and evidence of all contractors and
subcontractors’ coverage. In the alternative, either party to this agreement may
fulfill the insurance obligations contained herein by maintaining membership in a
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joint self-insurance program authorized by RCW 48.62. In this regard, the parties
understand that the party to this agreement who is a member of such a program
is not able to name the other party as an “additional insured” under the liability
coverage provided by the joint self-insurance program.
I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within five (5) calendar days of their receipt of
such notice.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of this
Franchise, upon which the City may, after giving five (5) calendar days’ written
notice to the Franchisee to correct the breach, terminate the Franchise.
K. City Full Availability of Franchisee Limits. If the Franchisee maintains
higher insurance limits than the minimums shown above, the City shall be insured
for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Franchisee, irrespective of whether such limits maintained by
the Franchisee are greater than those required by this Franchise or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Franchisee.
L. Franchisee – Self-Insurance. Franchisee will have the right to self-
insure any or all of the above-required insurance. Any such self-insurance is
subject to approval by the City. If the Franchisee is self-insured or becomes self-
insured during the term of the Franchise, Franchisee or its affiliated parent entity
shall comply with the following: (1) Franchisee shall submit a letter to the City
stating which of the above required insurance provisions in this Section 15
Franchisee proposes to self-insure; (2) provide the City, upon request, a copy of
Franchisee’s or its parent company’s most recent audited financial statements, if
such financial statements are not otherwise publicly available; (3) Franchisee or
its parent company is responsible for all payments within the self-insured retention;
and (4) Franchisee assumes all defense and indemnity obligations as outlined in
Section 14.
Section 16. Financial Security
Pursuant to the authority in ACC 20.02.280.A, the City’s Public Works
Director has determined that the Franchisee shall not be required to provide the
City with financial security for this Franchise.
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Section 17. Successors and Assignees
A. All the provisions, conditions, regulations, and requirements
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Franchisee, and all rights and privileges, as well as
all obligations and liabilities of the Franchisee will inure to its successors,
assignees and contractors equally as if they were specifically mentioned herein
wherever the Franchisee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Franchisee and any proposed assignee or transferee will provide
and certify the following to the City not less than ninety (90) calendar days prior to
the proposed date of transfer: (1) Complete information setting forth the nature,
term and conditions of the proposed assignment or transfer; (2) All information
required by the City of an applicant for a Franchise with respect to the proposed
assignee or transferee; and, (3) An application fee in the amount established by
the City’s fee schedule, plus any other costs actually and reasonably incurred by
the City in processing, and investigating the proposed assignment or transfer.
D. Before the City’s consideration of a request by Franchisee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee will
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance before transfer does
not waive any right to insist on full compliance thereafter.
Section 18. Dispute Resolution
A. In the event of a dispute between the City and the Franchisee arising
by reason of this Franchise, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
over the administration of this Franchise. The officers or representatives will meet
within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties will make a good faith effort to achieve a resolution
of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Franchise, the parties specifically understand and agree that venue
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Ordinance No. 7005
Franchise Agreement No. FRN25-0004
September 19, 2025
Page 16 of 19
will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys’ fees and costs.
Section 19. Enforcement and Remedies
A. If the Franchisee willfully violates or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Franchisee under the provisions of this Franchise,
the City may, at its discretion, provide Franchisee with written notice to cure the
breach within thirty (30) calendar days of notification. If the City determines the
breach cannot be cured within thirty (30) calendar days, the City may specify a
longer cure period, and condition the extension of time on Franchisee’s submittal
of a plan to cure the breach within the specified period, commencement of work
within the original thirty (30) calendar day cure period, and diligent prosecution of
the work to completion. If the breach is not cured within the specified time, or the
Franchisee does not comply with the specified conditions, the City may, at its
discretion, either (1) revoke the Franchise with no further notification, or (2) impose
liquidated damages of Two Hundred Fifty Dollars ($250.00) per day for every day
after the expiration of the cure period that the breach is not cured. The parties
agree that the actual damages to the City from Franchisee failing to cure are not
easily calculated and agree that the liquidated damages amount are a reasonable
forecast of just compensation.
B. If the City determines that Franchisee is acting beyond the scope of
permission granted in this Franchise for Franchisee Facilities and Franchisee
Services, the City reserves the right to cancel this Franchise and require the
Franchisee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Franchisee’s
actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
C. If Franchisee fails to substantially comply with any one or more of the
provisions of this Franchise, Franchisee agrees to be responsible for any damages
the City suffers as a result of Franchisee’s failure (including, but not limited to: City
staff time, material and equipment costs; compensation or indemnification of third
parties; and the cost of removal or abandonment of facilities). Franchisee also
specifically agrees that its failure to comply with the terms of this Section 19 will
constitute damage to the City in the monetary amount set forth in subsection A of
this Section.
Section 20. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal, state, and City laws, regulations, and policies (including all
Page 70 of 158
Ordinance No. 7005
Franchise Agreement No. FRN25-0004
September 19, 2025
Page 17 of 19
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Franchisee
will be subject to the police power of the City to adopt and enforce general
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee with thirty
(30) calendar days written notice of its action setting forth the full text of the
amendment and identifying the statute, regulation, or ordinance requiring the
amendment. The amendment will become automatically effective on expiration of
the notice period unless, before expiration of that period, the Franchisee makes a
written call for negotiations over the terms of the amendment. If the parties do not
reach agreement as to the terms of the amendment within thirty (30) calendar days
of the call for negotiations, the City may enact the proposed amendment, by
incorporating the Franchisee’s concerns to the maximum extent the City deems
possible.
C. The City may terminate this Franchise upon thirty (30) calendar days
written notice to the Franchisee if the Franchisee fails to comply with such
amendment or modification.
Section 21. License, Tax and Other Charges
A. The City reserves the right to impose, to the extent authorized by
law, a utility tax on the Franchisee and/or to charge the Franchisee a reasonable
fee for services provided or rights granted under this Franchise.
B. The Franchisee agrees that it shall be subject to all authority now or
later possessed by the City or any other governing body having competent
jurisdiction to fix just, reasonable, and compensatory rates for services under this
Franchise.
C. This Franchise will not exempt the Franchisee from any future
license, tax, or charge which the City may adopt if authority is granted to it under
state or federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
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Ordinance No. 7005
Franchise Agreement No. FRN25-0004
September 19, 2025
Page 18 of 19
Section 22. Consequential Damages Limitation
Notwithstanding any other provision of this Franchise, in no event will either
party be liable for any special, incidental, indirect, punitive, reliance, consequential
or similar damages.
Section 23. Severability
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect, unless doing so will deny a party valuable consideration.
Section 24. Titles
The Section titles are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 25. Implementation
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 26. Effective Date
This Ordinance will take effect and be in force five (5) calendar days from
and after its passage, approval and publication as provided by law.
INTRODUCED:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, Acting City Attorney
Published:
Page 72 of 158
Ordinance No. 7005
Franchise Agreement No. FRN25-0004
September 19, 2025
Page 19 of 19
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
, for itself, its successors and assigns,
hereby accepts and agrees to be bound by all lawful terms, conditions and
provisions of the Franchise attached hereto and incorporated herein by this
reference.
Franchisee Name
Address
City, State, Zip
By: Date:
Name:
Title:
STATE OF )
)ss.
COUNTY OF )
On this day of , 20 , before me the undersigned, a
Notary Public in and for the State of , duly commissioned and sworn,
personally appeared, of , the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that they are authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
, residing at
MY COMMISSION EXPIRES:
Page 73 of 158
Soos Creek Water and Sewer District - Sewer Service Area Printed On: 10/21/2025
Map created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
1:18056015003000
ft
WGS84 Web Mercator (Auxiliary Sphere)
Page 74 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7007 (Gaub)
An Ordinance granting to Hyperfiber of Washington, LLC dba Ripple Riber,
a Delaware Limited Liability Company, a franchise for Wireline
Telecommunications
(RECOMMENDED ACTION: Move to approve Ordinance No. 7007.)
November 17, 2025
Department: Attachments: Budget Impact:
Public Works Ordinance No. 7007
Administrative Recommendation:
City Council to approve Ordinance No. 7007.
Background for Motion:
This Ordinance would allow Hyperfiber of Washington, LLC dba Ripple Fiber to install facilities in the
public way within the City limits and provide telecommunications services to residential and business
customers located inside the City limits.
Background Summary:
Section 20.02.040 of the Auburn City Code requires a franchise for any utility or telecommunications
carrier or operator to use public ways of the City and to provide services to persons or areas inside or
outside of the City.
Hyperfiber of Washington, LLC dba Ripple Fiber has applied for a Franchise Agreement to install fiber
optic cable and electronic infrastructure in the public ways within the City limits. Hyperfiber intends to
provide business and residential data and telecommunications services to customers located inside
the City limits.
The proposed agreement requires that installation, repairs, upgrades and improvements for the
proposed facilities are permitted and managed through the City’s permitting processes. The proposed
agreement would be valid for a term of 15 years and is consistent with the City’s standard Franchise
Agreement language.
A staff presentation was given at the October 27, 2025, Study Session discussing draft Ordinance
No. 7007. A Public Hearing to consider this application and hear public comment was held before the
City Council on November 3, 2025, in accordance with Auburn City Code 20.04.040.
Ordinance No. 7007 authorizes Franchise Agreement No. FRN25-0005 with Hyperfiber of
Page 75 of 158
Washington, LLC dba Ripple Fiber subject to the terms and conditions outlined in the Ordinance.
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 76 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 1 of 17
ORDINANCE NO. 7007
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, GRANTING TO
HYPERFIBER OF WASHINGTON, LLC DBA RIPPLE
FIBER, A DELAWARE LIMITED LIABILITY
COMPANY, A FRANCHISE FOR WIRELINE
TELECOMMUNICATIONS
WHEREAS, Hyperfiber of Washington, LLC dba Ripple Fiber, a Delaware
limited liability company (“Franchisee”) has applied for a non-exclusive Franchise
for the right of entry, use, and occupation of certain public ways within the City of
Auburn (“City”), expressly to install, construct, erect, operate, maintain, repair,
relocate and remove its facilities in, on, over, under, along and/or across those
public ways; and
WHEREAS, following proper notice, the City Council held a Public Hearing
on Franchisee’s request for a Franchise; and
WHEREAS, based on the information presented at such public hearing, and
from facts and circumstances developed or discovered through independent study
and investigation, the City Council now deems it appropriate and in the best
interest of the City to grant the Franchise to Franchisee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN
WASHINGTON, DO ORDAIN as follows:
Section 1. Definitions
For the purpose of this Franchise and the interpretation and enforcement thereof,
definitions of words and phrases shall be in accordance with the definitions set
forth in this Franchise and in Auburn City Code 20.02.020. If there is a conflict
between any of the definitions set forth in this Franchise and the definitions set
forth in Auburn City Code 20.02.020, the definitions in this Franchise shall govern
to the extent of such conflict.
A. “ACC” means the Auburn City Code.
B. “Franchise” means this agreement approved by Ordinance No.
7007 of the City which authorizes Franchisee Facilities to provide Franchisee
Services in the Franchise Area.
C. “Franchisee’s Facilities” means fiber optic and broad band
communications services constructed and operated within the public ways
Page 77 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 2 of 17
including all cables, wires, conduits, ducts, pedestals, and any associated
converter equipment or other items necessary for Telecommunications Services
as defined in RCW 35.99.010(7), that are located in the Franchise Area.
Franchisee’s Facilities do not include facilities used to provide wireless services,
including antennas or other equipment, appliances, attachments and
appurtenances associated with wireless telecommunications facilities.
Franchisee’s facilities do not include small wireless facilities, microcell, minor
facility, or small cell facilities, as defined in RCW 80.36.375. Franchisee’s facilities
do not include any facilities that are not located within the Franchise Area or that
are covered under a separate franchise agreement or agreement.
D. “Franchisee’s Services” means any telecommunications service,
telecommunications capacity, or dark fiber, provided by the Franchisee using its
Facilities, including, but not limited to, the transmission of voice, data or other
electronic information, or other subsequently developed technology that carries a
signal over fiber optic cable. Franchisee’s Services will also include non-switched,
dedicated and private line, high capacity fiber optic transmission services to firms,
businesses or institutions within the City and other lawful services not prohibited
by this Ordinance However, Franchisee’s Services will not include the provision
of “cable services”, as defined by 47 U.S.C. §522, as amended, for which a
separate franchise would be required.
Section 2. Grant of Right to Use Franchise Area
A. Subject to the terms and conditions stated in this Franchise, the City
grants to the Franchisee general permission to enter, use, and occupy the
Franchise Area, located within the incorporated area of the City. Franchisee may
locate the Franchisee’s Facilities within the Franchise Area subject to all applicable
laws, regulations, and permit conditions.
B. The Franchisee is authorized to install, remove, construct, erect,
operate, maintain, relocate, upgrade, replace, restore, and repair Franchisee’s
Facilities to provide Franchisee’s Services in the Franchise Area.
C. This Franchise does not authorize the use of the Franchise Area for
any facilities or services other than Franchisee Facilities and Franchisee Services,
and it extends no rights or privilege relative to any facilities or services of any type,
including Franchisee Facilities and Franchisee Services, on public or private
property elsewhere within the City.
D. This Franchise is non-exclusive and does not prohibit the City from
entering into other agreements, including franchise agreements, impacting the
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Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 3 of 17
Franchise Area, for any purpose that does not interfere with Franchisee’s rights
under this Franchise.
E. Except as explicitly set forth in this Franchise, this Franchise does
not waive any rights that the City has or may acquire with respect to the Franchise
Area or any other City roads, public ways, or property. This Franchise will be
subject to the power of eminent domain, and in any proceeding under eminent
domain, the Franchisee acknowledges its use of the Franchise Area shall have no
value.
F. The City reserves the right to change, regrade, relocate, abandon, or
vacate any public way within the Franchise Area. If, at any time during the term of
this Franchise, the City vacates any portion of the Franchise Area containing
Franchisee Facilities, the City may reserve an easement for public utilities within
that vacated portion, pursuant to Chapter 35.79.030 RCW, within which the
Franchisee may continue to operate any existing Franchisee Facilities under the
terms of this Franchise for the remaining period set forth under Section 4.
G. The Franchisee agrees that its use of Franchise Area shall at all
times be subordinated to and subject to the City and the public’s need for municipal
infrastructure, travel, and access to the Franchise Area, except as may be
otherwise required by law.
H. The Franchisee agrees to provide the City with complete contact
information for any client, lessee, sub-lessee, customer, or other entity that
Franchisee allows to utilize, control, access, or otherwise provides services to, who
will also use the Franchisee Facilities to provide services to their clients and
customers either inside or outside the City limits. Such contact information shall
be provided to the City a minimum of sixty (60) days prior to the start of such
anticipated use so that the City may determine if Franchisee’s client, lessee, sub-
lessee, customer, or other entity is required to obtain a franchise agreement with
the City prior to such use. If the client, lessee, sub-lessee, customer, or other entity
is required to obtain a franchise agreement with the City, then the Franchisee shall
not allow use, control, access, or otherwise provide services to such entity until the
required franchise agreement has been obtained.
Section 3. Notice
A. Written notices to the parties shall be sent by a nationally recognized
overnight courier or by certified mail to the following addresses, unless a different
address is designated in writing and delivered to the other party. Any such notice
shall become effective upon receipt by certified mail, confirmed delivery by
overnight courier, or the date stamped received by the City. Any communication
Page 79 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 4 of 17
made by e-mail or similar method will not constitute notice pursuant to this
Franchise, except in case of emergency notification.
City: Right-of-Way Specialist,
Public Works Department - Transportation
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Telephone: (253) 931-3010
with a copy to: City Clerk
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Franchisee: Hyperfiber of Washington, LLC dba Ripple Fiber
Attn: Lance van der Spuy
6000 Fairview Rd., Suite 300
Charlotte, NC 28210
Telephone: (470) 807-0922
Email Address: Lance@ripplefiber.com
with a copy to: Ripple Fiber
Attn: Joshua Runyan, Esq.
Address: 6000 Fairview Rd., Suite 300
Charlotte, NC 28210
Telephone: 704-989-3217
Email Address: josh@ripplefiber.com
B. Any changes to the above-stated Franchisee information shall be
sent to the City’s Right-of-Way Specialist, Public Works Department –
Transportation Division, with copies to the City Clerk, referencing the title of this
Franchise.
C. The above-stated Franchisee voice telephone numbers shall be
staffed at least during normal business hours, Pacific time zone. The City may
contact Franchisee at the following number for emergency or other needs outside
of normal business hours of the Franchisee: 800-359-5767.
Section 4. Term of Franchise
A. This Franchise shall run for a period of fifteen (15) years, from the
date of Franchise Acceptance as described in Section 5 of this Franchise.
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Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 5 of 17
B. Automatic Extension. If the Franchisee fails to formally apply for a
new franchise agreement prior to the expiration of this Franchise’s term or any
extension thereof, this Franchise automatically continues month to month until a
new franchise agreement is applied for and approved under the then current
process or until either party gives written notice at least one hundred and eighty
(180) days in advance of intent to cancel this Franchise.
Section 5. Acceptance of Franchise
A. This Franchise will not become effective until Franchisee files with
the City Clerk (1) the Statement of Acceptance (Exhibit “A”), (2) all verifications of
insurance coverage specified under Section 16, (3) the financial security specified
in Section 17, and (4) payment of any outstanding application fees required in the
City Fee Schedule. These four items will collectively be the “Franchise
Acceptance”. The date that such Franchise Acceptance is filed with the City Clerk
will be the effective date of this Franchise.
B. If the Franchisee fails to file the Franchise Acceptance with the City
Clerk within thirty (30) days after the effective date of the ordinance approving the
Franchise as described in Section 28 of this Franchise, the City’s grant of the
Franchise will be null and void.
Section 6. Construction and Maintenance
A. The Franchisee shall apply for, obtain, and comply with the terms of
all permits required under applicable law for any work done within the City.
Franchisee will comply with all applicable City, State, and Federal codes, rules,
regulations, and orders in undertaking such work.
B. Franchisee agrees to coordinate its activities with the City and all
other utilities located within the public way within which Franchisee is undertaking
its activity.
C. The City expressly reserves the right to prescribe how and where
Franchisee’s Facilities will be installed within the public way and may require the
removal, relocation and/or replacement thereof in the public interest and safety at
the expense of the Franchisee as provided for in Chapter 35.99 RCW.
D. Before beginning any work within the public way, the Franchisee will
comply with the One Number Locator provisions of Chapter 19.122 RCW to identify
existing utility infrastructure.
E. Tree Trimming. Upon prior written approval of the city the
Franchisee shall have the authority to trim trees upon and overhanging streets,
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Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 6 of 17
public ways and places in the Franchise Area so as to prevent the branches of
such trees from coming in physical contact with the Franchisee’s Facilities.
Franchisee shall be responsible for debris removal from such activities. If such
debris is not removed within 24 hours, the City may, at its sole discretion, remove
such debris and charge the Franchisee for the cost thereof. This section does not,
in any instance, grant automatic authority to clear vegetation for purposes of
providing a clear path for radio signals. Any such general vegetation clearing will
require other permits as necessary from the City.
Section 7. Trench Repair for Street Restorations
A. At any time during the term of this Franchise, if a Franchisee Facility
or trench within the Franchise Area causes a street to crack, settle, or otherwise
fail, the City will notify Franchisee of the deficiency and Franchisee agrees to
restore the deficiency and repair the damage within thirty (30) days of written notice
by the City.
B. For purposes of the Section, “street” shall mean all City owned
improvements within a public way, including, but not limited to, the following:
pavement, sidewalks, curbing, above and below-ground utility facilities, and traffic
control devices.
Section 8. Repair and Emergency Work
In the event of an emergency, the Franchisee may commence repair and
emergency response work as required under the circumstances. The Franchisee
will notify the City telephonically during normal business hours (at 253-931-3010)
and during non-business hours (at 253-876-1985) as promptly as possible, before
such repair or emergency work commences, and in writing as soon thereafter as
possible. Such notification shall include the Franchisee’s emergency contact
phone number for corresponding response activity. The City may commence
emergency response work, at any time, without prior written notice to the
Franchisee, but will notify the Franchisee in writing as promptly as possible under
the circumstances. Franchisee will reimburse the City for the City’s actual cost of
performing emergency response work.
Section 9. Damages to City and Third-Party Property
Franchisee agrees that if any of its actions, or the actions of any person,
agent, or contractor acting on behalf of the Franchisee under this Franchise
impairs or damages any City property, survey monument, or property owned by a
third-party, Franchisee will restore, at its own cost and expense, the property to a
safe condition. Upon returning the property to a safe condition, the property shall
then be returned to the condition it was in immediately prior to being damaged (if
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Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 7 of 17
the safe condition of the property is not the same as that which existed prior to
damage). All repair work shall be performed and completed to the satisfaction of
the City Engineer.
Section 10. Location Preference
A. Any structure, equipment, appurtenance or tangible property of a
utility or other franchisee, other than the Franchisee’s, which was installed,
constructed, completed or in place prior in time to Franchisee’s application for a
permit to construct or repair Franchisee’s Facilities under this Franchise shall have
preference as to positioning and location with respect to the Franchisee’s Facilities.
However, to the extent that the Franchisee’s Facilities are completed and installed
before another utility or other franchisee’s submittal of a permit for new or
additional structures, equipment, appurtenances, or tangible property, then the
Franchisee’s Facilities will have priority. These rules governing preference shall
continue when relocating or changing the grade of any City road or public way. A
relocating utility or franchisee will not cause the relocation of another utility or
franchisee that otherwise would not require relocation. This Section will not apply
to any City facilities or utilities that may in the future require the relocation of
Franchisee’s Facilities. Such relocations will be governed by Section 11 and
Chapter 35.99 RCW.
B. Franchisee will maintain a minimum underground horizontal
separation of five (5) feet from City water, sanitary sewer and storm sewer facilities
and ten (10) feet from above-ground City water facilities; provided, that for
development of new areas, the City, in consultation with Franchisee and other
utility purveyors or authorized users of the public way, will develop guidelines and
procedures for determining specific utility locations.
Section 11. Relocation of Franchisee Facilities
A. Except as otherwise so required by law, Franchisee agrees to
relocate, remove, or reroute its facilities as ordered by the City Engineer at no
expense or liability to the City, except as may be required by Chapter 35.99 RCW.
Pursuant to the provisions of Section 15, Franchisee agrees to protect and save
harmless the City from any customer or third-party claims for service interruption
or other losses in connection with any such change, relocation, abandonment, or
vacation of the public way.
B. If a readjustment or relocation of the Franchisee Facilities is
necessitated by a request from a party other than the City, that party shall pay the
Franchisee the actual costs associated with such relocation.
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Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 8 of 17
Section 12. Abandonment and or Removal of Franchisee Facilities
A. Within one hundred and eighty days (180) of Franchisee’s
permanent cessation of use of the Franchisee’s Facilities, the Franchisee will, at
the City’s discretion, either abandon in place or remove the affected facilities.
B. Franchisee may ask the City in writing to abandon, in whole or in
part, all or any part of the Franchisee’s Facilities. Any plan for abandonment of
Franchisee Facilities must be approved in writing by the City.
C. The parties expressly agree that this Section will survive the
expiration, revocation or termination of this Franchise.
Section 13. Undergrounding
A. The parties agree that this Franchise does not limit the City’s
authority under federal law, state law, or local ordinance, to require the
undergrounding of utilities.
B. Whenever the City requires the undergrounding of aerial utilities in
the Franchise Area, the Franchisee will underground the Franchisee’s Facilities in
the manner specified by the City Engineer at no expense or liability to the City,
except as may be required by Chapter 35.99 RCW. Where other utilities are
present and involved in the undergrounding project, Franchisee will only be
required to pay its fair share of common costs borne by all utilities, in addition to
the costs specifically attributable to the undergrounding of Franchisee’s Facilities.
Common costs will include necessary costs for common trenching and utility
vaults. Fair share will be determined in comparison to the total number and size
of all other utility facilities being undergrounded.
Section 14. Franchisee Information
A. Franchisee agrees to supply, at no cost to the City, any information
reasonably requested by the City to coordinate municipal functions with
Franchisee’s activities and fulfill any municipal obligations under state law. Said
information will include, at a minimum, as-built drawings of Franchisee’s Facilities,
installation inventory, and maps and plans showing the location of existing or
planned facilities within the City. Said information may be requested either in hard
copy or electronic format, compatible with the City’s database system, including
the City’s Geographic Information System (GIS) database. Franchisee will keep
the City informed of its long-range plans for coordination with the City’s long-range
plans.
B. The parties understand that Chapter 42.56 RCW and other
applicable law may require public disclosure of information given to the City.
Page 84 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 9 of 17
Section 15. Indemnification and Hold Harmless
A. Franchisee shall defend, indemnify, and hold harmless the City, its
officers, officials, employees and volunteers from and against any and all claims,
suits, actions, or liabilities for injury or death of any person, or for loss or damage
to property, which arises out of Franchisee’s acts, errors or omissions, or from the
conduct of Franchisee’s business, or from any activity, work or thing done,
permitted, or suffered by Franchisee arising from or in connection with this
Franchise, except only such injury or damage as shall have been occasioned by
the sole negligence of the City.
However, should a court of competent jurisdiction determine that this Franchise is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Franchisee and the City, its officers, officials,
employees, and volunteers, the Franchisee’s liability hereunder shall be only to the
extent of the Franchisee’s negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Franchisee’s
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the
parties. The provisions of this section shall survive the expiration or termination of
this Franchise.
B. The Franchisee will hold the City harmless from any liability arising
out of or in connection with any damage or loss to the Franchisee’s Facilities
caused by maintenance and/or construction work performed by, or on behalf of,
the City within the Franchise Area or any other City road, public way, or other
property, except to the extent any such damage or loss is directly caused by the
negligence of the City, or its agent performing such work.
C. The Franchisee acknowledges that neither the City nor any other
public agency with responsibility for firefighting, emergency rescue, public safety
or similar duties within the City has the capability to provide trench, close trench or
confined space rescue. The Franchisee, and its agents, assigns, successors, or
contractors, will make such arrangements as Franchisee deems fit for the provision
of such services. The Franchisee will hold the City harmless from any liability
arising out of or in connection with any damage or loss to the Franchisee for the
City’s failure or inability to provide such services, and, pursuant to the terms of
Section 15(A), the Franchisee will indemnify the City against any and all third-party
costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s
failure or inability to provide such services.
Page 85 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 10 of 17
Section 16. Insurance
A. The Franchisee shall procure and maintain for the duration of this
Franchise and as long as Franchisee has Facilities in the public way, insurance
against claims for injuries to persons or damage to property which may arise from
or in connection with the Franchise and use of the public way.
B. No Limitation. The Franchisee’s maintenance of insurance as
required by this Franchise shall not be construed to limit the liability of the
Franchisee to the coverage provided by such insurance, or otherwise limit the
City’s recourse to any remedy available at law or in equity.
C. Minimum Scope of Insurance. The Franchisee shall obtain
insurance of the types and coverage described below:
1. Commercial General Liability insurance shall be at least as
broad as Insurance Services Office (ISO) occurrence form CG 00 01 and
shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products-completed operations, personal injury
and advertising injury, and liability assumed under an insured contract.
There shall be no exclusion for liability arising from explosion, collapse or
underground property damage. The City shall be named as an additional
insured under the Franchisee’s Commercial General Liability insurance
policy with respect this Franchise using ISO endorsement CG 20 12 05 09
if the Franchise is considered a master permit as defined by RCW
35.99.010, or CG 20 26 07 04 if it is not, or substitute endorsement providing
at least as broad coverage.
2. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be at least as broad as
ISO form CA 00 01.
3. Contractors Pollution Liability insurance shall be in effect
throughout the entire Franchise covering losses caused by pollution
conditions that arise from the operations of the Franchisee. Contractors
Pollution Liability shall cover bodily injury, property damage, cleanup costs
and defense, including costs and expenses incurred in the investigation,
defense, or settlement of claims.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
5. Excess or Umbrella Liability insurance shall be excess over
and at least as broad in coverage as the Franchisee’s Commercial General
Page 86 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 11 of 17
Liability and Automobile Liability insurance. The City shall be named as an
additional insured on the Franchisee’s Excess or Umbrella Liability
insurance policy.
D. Minimum Amounts of Insurance. The Franchisee shall maintain
insurance that meets or exceeds the following limits:
1. Commercial General Liability insurance shall be written with
limits no less than $5,000,000 each occurrence, $5,000,000 general
aggregate.
2. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of $5,000,000 per
accident.
3. Contractors Pollution Liability insurance shall be written in an
amount of at least $2,000,000 per loss, with an annual aggregate of at least
$2,000,000.
4. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington and employer’s liability
insurance with limits of not less than $1,000,000.
5. Excess or Umbrella Liability insurance shall be written with
limits of not less than $5,000,000 per occurrence and annual aggregate.
The Excess or Umbrella Liability requirement and limits may be satisfied
instead through Franchisee’s Commercial General Liability and Automobile
Liability insurance, or any combination thereof that achieves the overall
required limits.
E. Other Insurance Provisions. Franchisee’s Commercial General
Liability, Automobile Liability, Excess or Umbrella Liability, Contractors Pollution
Liability insurance policy or policies are to contain, or be endorsed to contain, that
they shall be primary insurance as respect to the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of
the Franchisee’s insurance and shall not contribute with it.
F. Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best rating of not less than A: VII.
G. Subcontractors. The Franchisee shall cause each and every
Subcontractor to provide insurance coverage that complies with all applicable
requirements of the Franchisee-provided insurance as set forth herein, including
limits no less than what is required of Franchisee under this Franchise. The
Page 87 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 12 of 17
Franchisee shall ensure that the City is an additional insured on each and every
Subcontractor’s Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 26.
H. Verification of Coverage. The Franchisee shall furnish the City with
original certificates and a copy of the amendatory endorsements, including but not
necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of this Franchise. Upon request by the City, the
Franchisee shall furnish certified copies of all required insurance policies, including
endorsements, required in this Franchise and evidence of all subcontractors’
coverage.
I. Notice of Cancellation. Franchisee shall provide the City with written
notice of any policy cancellation within two business days of their receipt of such
notice.
J. Failure to Maintain Insurance. Failure on the part of the Franchisee
to maintain the insurance as required shall constitute a material breach of the
Franchise, upon which the City may, after giving five business days’ notice to the
Franchisee to correct the breach, terminate the Franchise.
K. City Full Availability of Franchisee Limits. If the Franchisee maintains
higher insurance limits than the minimums shown above, the City shall be insured
for the full available limits of Commercial General and Excess or Umbrella liability
maintained by the Franchisee, irrespective of whether such limits maintained by
the Franchisee are greater than those required by this Franchise or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Franchisee.
L. Franchisee – Self-Insurance. Franchisee will have the right to self-
insure any or all of the above-required insurance. Any such self-insurance is
subject to approval by the City. If the Franchisee is self-insured or becomes self-
insured during the term of the Franchise, Franchisee or its affiliated parent entity
shall comply with the following: (i) Franchisee shall submit a letter to the City stating
which of the above required insurance provisions in this Section 15 Franchisee
proposes to self-insure; (ii) provide the City, upon request, a copy of Franchisee’s
or its parent company’s most recent audited financial statements, if such financial
statements are not otherwise publicly available; (iii) Franchisee or its parent
company is responsible for all payments within the self-insured retention; and (iv)
Franchisee assumes all defense and indemnity obligations as outlined in Section
15.
Page 88 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 13 of 17
Section 17. Financial Security
The Franchisee will provide the City with a financial security in the amount
of Fifty Thousand Dollars ($50,000.00) running for, or renewable for, the term of
this Franchise, in a form and substance acceptable to the City. If Franchisee fails
to substantially comply with any one or more of the provisions of this Franchise,
the City may recover jointly and severally from the principal and any surety of that
financial security any damages suffered by the City as a result Franchisee’s failure
to comply, including but not limited to staff time, material and equipment costs,
compensation or indemnification of third parties, and the cost of removal or
abandonment of facilities. Franchisee specifically agrees that its failure to comply
with the terms of Section 20 will constitute damage to the City in the monetary
amount set forth in that section. Any financial security will not be construed to limit
the Franchisee’s liability to the security amount, or otherwise limit the City’s
recourse to any remedy to which the City is otherwise entitled at law or in equity.
Section 18. Successors and Assignees
A. All the provisions, conditions, regulations and requirements
contained in this Franchise are binding upon the successors, assigns of, and
independent contractors of the Franchisee, and all rights and privileges, as well as
all obligations and liabilities of the Franchisee will inure to its successors,
assignees and contractors equally as if they were specifically mentioned herein
wherever the Franchisee is mentioned.
B. This Franchise will not be leased, assigned or otherwise alienated
without the express prior consent of the City by ordinance.
C. Franchisee and any proposed assignee or transferee will provide
and certify the following to the City not less than ninety (90) days prior to the
proposed date of transfer: (1) Complete information setting forth the nature, term
and conditions of the proposed assignment or transfer; (2) All information required
by the City of an applicant for a Franchise with respect to the proposed assignee
or transferee; and, (3) An application fee in the amount established by the City’s
fee schedule, plus any other costs actually and reasonably incurred by the City in
processing, and investigating the proposed assignment or transfer.
D. Before the City’s consideration of a request by Franchisee to consent
to a Franchise assignment or transfer, the proposed Assignee or Transferee will
file with the City a written promise to unconditionally accept all terms of the
Franchise, effective upon such transfer or assignment of the Franchise. The City
is under no obligation to undertake any investigation of the transferor’s state of
compliance and failure of the City to insist on full compliance before transfer does
not waive any right to insist on full compliance thereafter.
Page 89 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 14 of 17
Section 19. Dispute Resolution
A. In the event of a dispute between the City and the Franchisee arising
by reason of this Franchise, the dispute will first be referred to the operational
officers or representatives designated by City and Franchisee to have oversight
over the administration of this Franchise. The officers or representatives will meet
within thirty (30) calendar days of either party's request for a meeting, whichever
request is first, and the parties will make a good faith effort to achieve a resolution
of the dispute.
B. If the parties fail to achieve a resolution of the dispute in this manner,
either party may then pursue any available judicial remedies. This Franchise will
be governed by and construed in accordance with the laws of the State of
Washington. If any suit, arbitration, or other proceeding is instituted to enforce any
term of this Franchise, the parties specifically understand and agree that venue
will be exclusively in King County, Washington. The prevailing party in any such
action will be entitled to its attorneys’ fees and costs.
Section 20. Enforcement and Remedies
A. If the Franchisee willfully violates, or fails to comply with any of the
provisions of this Franchise through willful or unreasonable negligence, or fails to
comply with any notice given to Franchisee under the provisions of this Franchise,
the City may, at its discretion, provide Franchisee with written notice to cure the
breach within thirty (30) days of notification. If the City determines the breach
cannot be cured within thirty days, the City may specify a longer cure period, and
condition the extension of time on Franchisee’s submittal of a plan to cure the
breach within the specified period, commencement of work within the original thirty
day cure period, and diligent prosecution of the work to completion. If the breach
is not cured within the specified time, or the Franchisee does not comply with the
specified conditions, the City may, at its discretion, either (1) revoke the Franchise
with no further notification, or (2) claim damages of Two Hundred Fifty Dollars
($250.00) per day against the financial guarantee set forth in Section 17 for every
day after the expiration of the cure period that the breach is not cured.
B. If the City determines that Franchisee is acting beyond the scope of
permission granted in this Franchise for Franchisee Facilities and Franchisee
Services, the City reserves the right to cancel this Franchise and require the
Franchisee to apply for, obtain, and comply with all applicable City permits,
franchises, or other City permissions for such actions, and if the Franchisee’s
actions are not allowed under applicable federal and state or City laws, to compel
Franchisee to cease those actions.
Page 90 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 15 of 17
Section 21. Compliance with Laws and Regulations
A. This Franchise is subject to, and the Franchisee will comply with all
applicable federal and state or City laws, regulations and policies (including all
applicable elements of the City's comprehensive plan), in conformance with federal
laws and regulations, affecting performance under this Franchise. The Franchisee
will be subject to the police power of the City to adopt and enforce general
ordinances necessary to protect the safety and welfare of the general public in
relation to the rights granted in the Franchise Area.
B. The City reserves the right at any time to amend this Franchise to
conform to any federal or state statute or regulation relating to the public health,
safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted
pursuant to such federal or state statute or regulation enacted, amended, or
adopted after the effective date of this Franchise if it provides Franchisee with thirty
(30) days written notice of its action setting forth the full text of the amendment and
identifying the statute, regulation, or ordinance requiring the amendment. The
amendment will become automatically effective on expiration of the notice period
unless, before expiration of that period, the Franchisee makes a written call for
negotiations over the terms of the amendment. If the parties do not reach
agreement as to the terms of the amendment within thirty (30) days of the call for
negotiations, the City may enact the proposed amendment, by incorporating the
Franchisee’s concerns to the maximum extent the City deems possible.
C. The City may terminate this Franchise upon thirty (30) days written
notice to the Franchisee, if the Franchisee fails to comply with such amendment or
modification.
Section 22. License, Tax and Other Charges
This Franchise will not exempt the Franchisee from any future license, tax,
or charge which the City may adopt under authority granted to it under state or
federal law for revenue or as reimbursement for use and occupancy of the
Franchise Area.
Section 23. Consequential Damages Limitation
Notwithstanding any other provision of this Franchise, in no event will either
party be liable for any special, incidental, indirect, punitive, reliance, consequential
or similar damages.
Section 24. Severability
Page 91 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 16 of 17
If any portion of this Franchise is deemed invalid, the remainder portions
will remain in effect.
Section 25. Titles
The section titles used are for reference only and should not be used for the
purpose of interpreting this Franchise.
Section 26. Implementation
The Mayor is authorized to implement those administrative procedures
necessary to carry out the directions of this legislation.
Section 27. Entire Franchise
This Franchise, as subject to the appropriate city, state, and federal laws,
codes, and regulations, and the attachments hereto represent the entire
understanding and agreement between the parties with respect to the subject
matter and it supersedes all prior oral negotiations between the parties. All
previous franchises between the parties pertaining to Franchisee's operation of its
Facilities are hereby superseded.
Section 28. 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:
PASSED:
APPROVED:
NANCY BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
PUBLISHED:
Page 92 of 158
Ordinance No. 7007
Franchise Agreement No. FRN25-0005
October 3, 2025
Page 17 of 17
EXHIBIT “A”
STATEMENT OF ACCEPTANCE
Hyperfiber of Washington, LLC dba Ripple Fiber, for itself, its successors and
assigns, hereby accepts and agrees to be bound by all lawful terms, conditions
and provisions of the Franchise attached hereto and incorporated herein by this
reference.
Franchisee Name: Hyperfiber of Washington, LLC dba Ripple Fiber
Address:
City, State, Zip:
By: Date:
Signature
Name:
Title:
STATE OF )
)ss.
COUNTY OF )
On this day of , 20 , before me the undersigned, a
Notary Public in and for the State of , duly commissioned and sworn,
personally appeared, of , the company that
executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said company, for the uses
and purposes therein mentioned, and on oath stated that they are authorized to
execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
Signature
NOTARY PUBLIC in and for the State of
, residing at
MY COMMISSION EXPIRES:
Page 93 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Ordinance No. 7008 (Thomas)
An Ordinance amending Sections 3.60.010 and 3.60.020 of the Auburn
Municipal Code to authorize an additional one tenth of one percent Sales
and Use Tax for Criminal Justice purposes in accordance with Section 201,
Chapter 350, Laws of 2025, providing for severability, and establishing an
effective date
(RECOMMENDED ACTION: Move to approve Ordinance No. 7008.)
November 17, 2025
Department: Attachments: Budget Impact:
Finance Ordinance No. 7008
Administrative Recommendation:
City Council to approve Ordinance No. 7008.
Background for Motion:
Ordinance No. 7008 gives the City the ability to enact an additional .1% in Sales and Use Tax, which
will be used to support the City's efforts to provide valuable public safety needs to the community, in
accordance with RCW 43.101.540.
Background Summary:
Proposed Ordinance No. 7008 authorizes the City to enact an additional 0.1% sales and use tax as
permitted under RCW 43.101.540. This statute allows cities to impose the tax to support local criminal
justice efforts. The proposed tax is projected to generate approximately $2.7 million annually to help
fund the City’s police, jail, human services, and public defense operations.
Public safety costs have continued to rise faster than general fund revenues. The additional tax would
help (1) reduce pressure on existing general fund resources and (2) provide funding for critical police
department technology and infrastructure upgrades.
Upon adoption of the Ordinance, the City must apply to the Washington State Criminal Justice
Training Center (WSCJTC) and demonstrate compliance with the eligibility requirements established
under RCW 43.101.540.
Adoption of this Odinance does not commit the Council to any specific spending programs beyond
2026. If approved, the City anticipates beginning tax collection on April 1, 2026, resulting in an
estimated $2 million increase in revenue, which is currently proposed and reflected in the mid-biennial
budget amendment. Further allocation of funds will be determined during the 2027–2028 Biennial
Page 94 of 158
Budget process to identify specific programs supported by this revenue.
Councilmember: Kate Baldwin Staff: Jamie Thomas
Page 95 of 158
--------------------------------
Ordinance No. 7008
November 10, 2025
Page 1 of 4
ORDINANCE NO. 7008
AN ORDINANCE OF THE CITY OF AUBURN,
WASHINGTON, AMENDING SECTIONS 3.60.010 AND
3.60.020 OF THE AUBURN MUNICIPAL CODE TO
AUTHORIZE AN ADDITIONAL ONE TENTH OF ONE
PERCENT SALES AND USE TAX FOR CRIMINAL JUSTICE
PURPOSES IN ACCORDANCE WITH SECTION 201,
CHAPTER 350, LAWS OF 2025, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, the Legislature enacted House Bill 2015 in the 2025 legislative
session to provide qualified cities, towns, or counties to authorize, by Resolution or
Ordinance, a new local option sales and use tax of one-tenth of one percent (0.1%) for
criminal justice purposes; and
WHEREAS, the City Council seeks to enhance criminal justice funding; and
WHEREAS, the City’s cost of maintain public safety services continues to outpace
the growth of general fund sources that directly support public safety operations; and
WHEREAS, the sales and use tax authorized will represent a significant additional
source of funding to address public safety needs in the City; and
WHEREAS, imposing the sales and use tax in furtherance of programs and
services allowed by Section 201, Chapter 350, Laws of 2025, including addressing high-
priority community safety needs; and
WHEREAS, the City Council finds that the city, through its law enforcement
agency, the Auburn Police Department, meets the requirements to receive a grant from
Page 96 of 158
--------------------------------
Ordinance No. 7008
November 10, 2025
Page 2 of 4
the Local Law Enforcement Grant Program created in Section 101, Chapter 350, Laws
of Washington 2025; and
WHEREAS, the city voters have not repealed by referendum the criminal justice
sales tax imposed pursuant to RCW 82.14.340 or rejected a ballot proposition to impose
the public safety sales tax authorized by RCW 82.14.450 in the previous 12 months;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the City meets the eligibility requirements
to impose the sales and use tax authorized by Section 201, Chapter 350, Laws of 2025,
and if there were any documentation deficiencies identified by the CJTC, such
deficiencies will be rectified.
Section 2. All portions of the Auburn Municipal Code in this Ordinance that are
not shown in strikethrough and underline edits or are not explicitly repealed herein remain
in effect and unchanged.
Section 3. Section 3.60.010 of the Auburn Municipal Code is amended to add a
new subsection C to read as follows:
C. There is hereby imposed an additional sales or use tax upon every
taxable event, as defined in RCW 82.14.020, occurring within the City, as
authorized by Section 201, Chapter 350, Laws of 2025. Money collected
under this subsection must be used for criminal justice purposes, as defined
Page 97 of 158
--------------------------------
Ordinance No. 7008
November 10, 2025
Page 3 of 4
in Section 201, Chapter 350, Laws of 2025 (or as may be amended in the
future).
Section 4. Section 3.60.020 of the Auburn Municipal Code is amended to add new
subsections C and D to read as follows:
C. The tax imposed under AMC 3.60.010 C is assessed on the
selling price in the case of a sales tax, or value of the article used, in the
case of a use tax. The rate of such tax imposed shall be one-tenth of one
percent, as allowed under Section 201, Chapter 350, Laws of 2025 (or as
may be amended in the future).
D. To the extent an additional sales tax imposed by the City
would cause the total rate of tax for sales of lodging to exceed the maximum
amount allowed by RCW 82.14.410, sales of lodging shall be exempt from
the portion of the tax that would be prohibited by Chapter 82.14 RCW.
Section 5. Upon approval of the City Attorney, the City Clerk is authorized to direct
the codifier to make necessary corrections to this Ordinance, including the corrections of
scriveners or clerical errors; references to other local, state, or federal laws, codes, rules,
or regulations; or ordinance numbering and section/subsection numbering and
references. The City Clerk is further authorized to direct the codifier to update any
chapter, section, or subsection titles in the Auburn Municipal Code affected by this
Ordinance, and to replace references to Section 201, Chapter 350, Laws of 2025 with
applicable RCW section references as such sections are codified.
Page 98 of 158
--------------------------------
Ordinance No. 7008
November 10, 2025
Page 4 of 4
Section 6. If any section, subsection, sentence, clause, phrase, or word of this
Ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the
constitutionality of any other section, subsection, sentence, clause, phrase, or word of
this Ordinance.
Section 7. This Ordinance shall be in full force and effect five (5) days after
publication of a summary of this Ordinance in the City's official newspaper, the additional
tax imposed in Sections 3 and 4 shall apply to taxable events occurring on or after April
1, 2026. The summary shall consist of this Ordinance's title.
INTRODUCED: _______________
PASSED: ____________________
APPROVED: _________________
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Published: _____________________________________________________________
Page 99 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5868 (Martinson)
A Resolution authorizing the Mayor to execute an agreement between the
City of Auburn and the Office of Public Defense to accept and expend grant
funds for public defense improvement
(RECOMMENDED ACTION: Move to adopt Resolution No. 5868.)
November 17, 2025
Department: Attachments: Budget Impact:
Human Resources and Risk
Management
RES 5868_OPD Public Defense
Improvement Grant Funding -
11.17.25, RES 5868_OPD Public
Defense Improvement Grant
Agreement - IAA26043_Auburn -
Unsigned
$50,930.00
Administrative Recommendation:
City Council to adopt Resolution No. 5868.
Background for Motion:
Resolution No. 5868 would allow the City to accept $50,930.00 in grant funding from the Washington
State Office of Public Defense for the purpose of improving Public Defense Services.
Background Summary:
The City of Auburn Human Resources Department is the recipient of a $50,930.00 grant from the
Washington State Office of Public Defense. This grant is for the purpose of improving the quality of
Public Defense Services in Washington municipalities in accordance with chapter 10.101 RCW. The
grant award is specific to public defense counsel and can be utilized to offset costs associated with
onboarding additional public defenders to reduce public defense caseloads per the Washington State
Supreme Court Standards. Two-thirds of the funds received under this grant will be disbursed to the
City by January 2026 for intended use during the calendar year 2026. The remaining third of the
funds received under this grant will be disbursed to the City in January 2027 for intended use through
June 30, 2027.
Councilmember: Cheryl Rakes Staff: Candis Martinson
Page 100 of 158
--------------------------------
Resolution No. 5868
November 17, 2025
Page 1 of 2 Rev. 2024
RESOLUTION NO. 5868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF
AUBURN AND THE OFFICE OF PUBLIC DEFENSE TO
ACCEPT AND EXPEND GRANT FUNDS FOR PUBLIC
DEFENSE IMPROVEMENT
WHEREAS, RCW 10.101 establishes standards for the provision of public defense
services to ensure effective assistance of counsel and equitable access to justice for
indigent defendants; and
WHEREAS, the Washington State Office of Public Defense has made grant funds
available to local jurisdictions to enhance the quality and effectiveness of public defense
services; and
WHEREAS, the City of Auburn is committed to maintaining constitutionally
adequate public defense services and strengthening the administration, oversight, and
delivery of those services; and
WHEREAS, the expenditures of these grant funds are intended for public defense
improvements and new expenses occurring in calendar years 2026 through June 2027;
and
WHEREAS, acceptance of this grant funding will advance the City’s ongoing
efforts to ensure fairness, efficiency and compliance with constitutional and statutory
standards for public defense; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 101 of 158
--------------------------------
Resolution No. 5868
November 17, 2025
Page 2 of 2 Rev. 2024
Section 1. The Mayor is authorized to execute an agreement between the City
of Auburn and the Office of Public Defense to accept grant funds, and to expend such
funds. The agreement will be in substantial conformity with the agreement attached as
Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 102 of 158
Agreement No. IAA26043
1 of 6
Washington State Office of Public Defense
FACE SHEET RCW 10.101.070 FUNDS
Purpose
The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of
public defense services in Washington municipalities.
The Office of Public Defense (OPD) and Recipient, as defined below, acknowledge and accept the terms
of this Agreement and attachments and have executed this Agreement on the date below to start
January 1, 2026 and end June 30, 2027. The rights and obligations of both parties to this Agreement are
governed by this Agreement and the following other documents incorporated by reference: Special
Terms and Conditions, General Terms and Conditions, and Exhibits A, B, and C.
Office of Public Defense (OPD)
711 Capitol Way South, Suite 106
PO Box 40957
Olympia, WA 98504-0957
OPD Representative
Geoffrey Hulsey
Managing Attorney
WA State Office of Public Defense
Use Period
January 1, 2026 through June 30, 2027
Recipient
City of Auburn
25 W Main Street
Auburn, WA 98001
Recipient Representative
Nancy Backus
Mayor
City of Auburn
Distribution Amount
$50,930.00
For the Recipient
________________________________________
Signature
________________________________________
Printed Name
________________________________________
Title
________________________________________
Date
For OPD
________________________________________
Signature
Geoffrey D. Hulsey________________
Printed Name
Managing Attorney
Public Defense Improvement Program, OPD
Title
_________________________________________
Date
Page 103 of 158
Agreement No. IAA26043
2 of 6
Special Terms and Conditions
1. Agreement Management
The Representative for each of the parties shall be responsible for and shall be the contact person for all
communications regarding the performance of this Agreement.
a. The Representative for OPD and their contact information are identified on the Face Sheet of this
Agreement.
b. The Representative for the Recipient and their contact information are identified on the Face Sheet of this
Agreement.
2. Distribution Amount
The Distribution Amount is $50,930.00 Dollars (Fifty thousand nine hundred thirty dollars and zero cents) to
be used for the purpose(s) described in the USE OF FUNDS below. Two-thirds of the award amount shall be
disbursed to Recipient in January 2026 for intended use during calendar year 2026. The remaining third shall
be disbursed to Recipient in January 2027 for intended use through June 30th during the calendar year 2027.
The disbursement of any grant funds is subject to the availability of funding appropriated to OPD by the
Washington State Legislature.
3. Prohibited Use of Funds
(as adopted in OPD Policy County/City Use of State Public Defense Improvement Funds)
a. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the
initial disbursement of state grant funds.
b. Funds cannot be spent on purely city or court administrative functions or billing costs.
c. Grant funds cannot be used for cost allocation.
d. Grant funds cannot be used for indigency screening costs.
e. Grant funds cannot be used for city or court technology systems or administrative equipment.
f. Funds cannot be used for county attorney time, including advice on public defense contracting.
g. Funds cannot be used for in-court interpreter services required under Chapter 2.43 RCW.
h. Funds cannot be used for pre-trial monitoring of public defense clients (e.g., SCRAM, EHM, UA)
4. Use of Funds
a. Recipient agrees to use the RCW 10.101.070 funds to improve the quality of legal representation directly
received by indigent defendants.
b. Recipient agrees to use the funds for the following purpose(s):
i. Providing an attorney coordinator who oversees contracts with attorneys providing public defense
ii. Adding attorneys to reduce public defense caseloads
iii. Increasing public defense attorney compensation
iv. Public Defense Signing Bonuses
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Agreement No. IAA26043
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c. Recipient agrees to use the funds between January 1, 2026 and June 30, 2027. If Recipient is unable to
use the funds in the Use Period, the Recipient agrees to notify OPD to determine what action needs to
be taken.
d. If Recipient’s Statewide Vendor (SWV) registration does not accept EFT, Recipient agrees to deposit
the RCW 10.101.070 funds within 14 days of receipt.
5. Oversight
a. Recipient agrees to provide reports to OPD due no later than June 1, 2026, December 1, 2026, and
June 1, 2027. Exhibits A, B, and C report templates will be provided by OPD. The first report must be
submitted along with the Recipient’s public defense attorneys’ contracts, certifications of compliance,
and other required documentation.
b. Over the duration of the Use Period, OPD may conduct site visits for purposes of addressing
improvements to public defense and ensuring the use of grant funds for their specified purposes. At
OPD’s request, Recipient will assist in scheduling such site visits and inviting appropriate attendees
such as, but not limited to: public defense attorneys, judicial officers, and county representatives.
6. Order of Precedence
In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in
the following order:
a. Applicable federal and state of Washington statutes, regulations, and court rules
b. Special Terms and Conditions
c. General Terms and Conditions
General Terms and Conditions
1. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto.
2. AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendment shall not be binding
unless it is in writing and signed by personnel authorized to bind each of the parties.
3. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 29
CFR Part 35.
The Recipient must comply with the ADA, which provides comprehensive civil rights protection to individuals
with disabilities in the areas of employment, public accommodations, state and local government services,
and telecommunications.
4. ASSIGNMENT
Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the
Recipient without prior written consent of OPD.
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Agreement No. IAA26043
4 of 6
5. ATTORNEY’S FEES
Unless expressly permitted under another provision of the Agreement, in the event of litigation or other
action brought to enforce Agreement terms, each party agrees to bear its own attorney fees and costs.
6. CONFORMANCE
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
7. CORRECTIONS
If there are non-substantive typographical, grammar, scrivener’s or drafting errors (such as erroneous
numerical figures, incorrect dates, misspelled words, errant commas, etc.), OPD reserves the right to correct
said errors at any time, without prior notice.
8. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original
and all of which counterparts together shall constitute the same instrument which may be sufficiently
evidenced by one counterpart. Execution of this Agreement at different times and places by the Parties shall
not affect the validity thereof so long as all the Parties hereto execute a counterpart of this Agreement.
9. ELECTRONIC SIGNATURES
An electronic signature or electronic record of this Agreement or any other ancillary agreement shall be
deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such other
ancillary agreement for all purposes.
10. ETHICS/CONFLICTS OF INTEREST
In performing under this Agreement, the Recipient shall assure compliance with the Ethics in Public Service,
Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of
interest.
11. FORCE MAJEURE
Neither Agency nor OPD shall be liable or responsible for delays or failures in performance resulting from
events beyond the reasonable control of such party and without fault or negligence of such party. Such events
shall include but not be limited to strikes, lockouts, riots, acts of war, epidemics, pandemics, acts of
government, fire, power failures, nuclear accidents, earthquakes, unusually severe weather, acts of terrorism,
or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the
other party or third parties (except Subcontractors). In the event a Force Majeure occurs after the effective
date and prior to completion or expiration date of this Agreement, OPD, at its sole discretion, may elect to
suspend performance of the Agreement until OPD determines the Force Majeure event resolved. OPD may
exercise this option with no notification restrictions.
12. GOVERNING LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
13. INDEMNIFICATION
To the fullest extent permitted by law, the Recipient shall indemnify, defend, and hold harmless the state of
Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and
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Agreement No. IAA26043
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against all claims or damages for injuries to persons or property or death arising out of or incident to the
performance or failure to perform the Agreement.
14. LAWS
The Recipient shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local
and state and federal governments, as now or hereafter amended.
15. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Agreement, the Recipient shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Recipient’s non-compliance or refusal to
comply with any nondiscrimination law, regulation or policy, this Agreement may be rescinded, canceled or
terminated in whole or in part.
16. NONEXCLUSIVELY
This Agreement is non-exclusive. During the term of this Agreement, the OPD reserves the right to enter into
agreements with other parties as it deems fit. Nothing contained in this Agreement shall be construed to limit
in any way the OPD's right to enter a like or similar agreement or grant a like or similar award to any other
entity or party on such terms as the OPD may in its sole discretion deem appropriate.
17. PUBLIC INFORMATION
Unless statutorily exempt from public disclosure, this Agreement and all related records are subject to public
disclosure as required by Washington’s General Rule 31.1, Access to Administrative Records. Agency when
submitting records to OPD or otherwise making written inquiries or requests to OPD, shall redact any
confidential information contained therein and shall not identify clients or other case-related parties by name.
18. RECAPTURE
In the event that the Recipient fails to perform this Agreement in accordance with state laws, federal laws,
and/or the provisions of the Agreement, OPD reserves the right to recapture funds in an amount to
compensate OPD for the noncompliance in addition to any other remedies available at law or in equity.
19. RECORDS MAINTENANCE
The Recipient shall maintain all books, records, documents, data and other evidence relating to this
Agreement. Recipient shall retain such records for a period of six (6) years following the end of the
Agreement period. If any litigation, claim or audit is started before the expiration of the six (6) year period,
the records shall be retained until all litigation, claims, or audit findings involving the records have been finally
resolved.
20. RIGHT OF INSPECTION
At no additional cost all records relating to the Recipient’s performance under this Agreement shall be subject
at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state
officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality
assurance under this Agreement. The Recipient shall provide access to its facilities for this purpose.
21. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without
the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of
this Agreement and to this end the provisions of this Agreement are declared to be severable.
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Agreement No. IAA26043
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22. SURVIVORSHIP
The terms, conditions and warranties contained in this Agreement that by their sense and context are
intended to survive the completion of the performance, expiration or termination of this Agreement shall so
survive.
23. SUSPENSION FOR CONVENIENCE
OPD may suspend this Agreement or any portion thereof for a temporary period by providing written notice
to the Agency a minimum of seven (7) calendar days before the suspension date. Agency shall resume
performance on the first business day following the suspension period unless another day is specified in
writing by OPD prior to the expiration of the suspension period.
24. TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the
other party written notice of such failure or violation. The responsible party will be given the opportunity to
correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement
may be terminated immediately by written notice of the aggrieved party to the other.
25. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30)
calendar days prior written notification. Upon such termination, the Parties shall be liable only for
performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective
date of such termination.
26. TERMINATION FOR NON-AVAILABILITY OF FUNDS
OPD’s ability to make payments is contingent on availability of funding. In the event funding from state,
federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to
completion or expiration date of this Agreement, OPD, at its sole discretion, may elect to terminate the
Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding
limitations and conditions. OPD may also elect to suspend performance of the Agreement until OPD
determines the funding insufficiency is resolved. OPD may exercise any of these options with no notification
restrictions, although OPD will make a reasonable attempt to provide notice.
In the event of termination or suspension, OPD will reimburse eligible costs incurred by the Agency through
the effective date of termination or suspension. Reimbursed costs must be agreed to by OPD and the Agency.
In no event shall OPD’s reimbursement exceed OPD’s total responsibility under the Agreement and any
amendments.
27. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any
waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in
writing.
Page 108 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5870 (Gaub)
A Resolution authorizing the Mayor to accept and administer a Commute
Trip Reduction formula grant award from the Washington State Department
of Transportation
(RECOMMENDED ACTION: Move to adopt Resolution No. 5870.)
November 17, 2025
Department: Attachments: Budget Impact:
Public Works Resolution No. 5870, FINAL
PTD1198-City of Auburn - CTR
Administrative Recommendation:
City Council to adopt Resolution No. 5870.
Background for Motion:
Resolution No. 5870 would authorize the acceptance and administration of the Commute Trip
Reduction formula grant award of $90,100 from the Washington State Department of Transportation.
The grant is awarded to counties and local jurisdictions for the implementation of the Commute Trip
Reduction Law.
Background Summary:
Resolution No. 5870 authorizes the acceptance and administration of the Commute Trip Reduction
(CTR) formula grant award from the Washington State Department of Transportation (WSDOT).
CTR is intended to reduce vehicle congestion and, by extension, lower emissions of air contaminants
through the reduction of single-occupant vehicle trips. Single-occupant vehicle trips are reduced
through implementing transportation demand management strategies primarily in coordination with
major employers. Per RCW 70A.15.4020, the City of Auburn, as a city within an urban growth area, is
required to implement the CTR law within its jurisdiction.
City Council first adopted CTR Code in 1991 and a CTR Plan in 1993. Both City Code and the CTR
Plan have been updated in 1999, 2010, and earlier this year in May of 2025, pursuant to Ordinance
No. 6981 and Resolution No. 5831, respectively. There are currently 14 CTR-affected worksites in
Auburn to which City staff administers CTR requirements.
The CTR grant funding is allocated to the City by WSDOT for the implementation of the CTR Law
within the City limits.
Page 109 of 158
Councilmember: Tracy Taylor Staff: Ingrid Gaub
Page 110 of 158
--------------------------------
Resolution No. 5870
November 17, 2025
Page 1 of 2 Rev. 2024
RESOLUTION NO. 5870
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
ACCEPT AND ADMINISTER A COMMUTE TRIP
REDUCTION FORMULA GRANT AWARD FROM THE
WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
WHEREAS, RCW 70A.15 and Auburn City Code (ACC) 10.02 require the City to
implement a Commute Trip Reduction (CTR) plan; and
WHEREAS, the Washington State Department of Transportation (WSDOT)
awards cities financial grants to assist them in implementing CTR plans. WSDOT
awards these grants every 2 years, and establishes the grant amounts through a formula
developed by the WSDOT Commute Trip Reduction Board; and
WHEREAS, the WSDOT has awarded the City a $90,100 CTR formula grant for
the 2025-2027 biennium; and
WHEREAS, acceptance of this grant is in the best interest of the City and its
residents in financing and administering the City’s CTR plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to accept and administer the WSDOT CTR
formula grant in the amount of $90,100.
Section 2. The Mayor is authorized to negotiate, enter, and administer
agreements and agreement amendments to spend the grant funds for the CTR program,
and to implement those administrative procedures necessary to carry out the directives
of this legislation.
Page 111 of 158
--------------------------------
Resolution No. 5870
November 17, 2025
Page 2 of 2 Rev. 2024
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
______________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Jason Whalen, City Attorney
Page 112 of 158
Page 1 of 11 City of Auburn
PTD1198
WSDOT Contact: Patrick Green
206-440-4026
patrick.green@wsdot.wa.gov
Commute Trip Reduction (CTR)
Agreement Number PTD1198 Grantee: City of Auburn
25 W Main Street
Auburn, WA 98001
Contact: Veronica Bean
vbean@auburnwa.gov
Term of Project July 1, 2025 through June 30, 2027
Vendor # SW000206900
THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter
“WSDOT,” and the Grantee identified above, hereinafter the “GRANTEE,” individually the “PARTY”
and collectively the “PARTIES.”
WHEREAS, the State of Washington in its Sessions Laws of 2025, ESSB 5161, Sections 221 and 308,
authorizes funding for Public Transportation Programs and other special proviso funding as identified
in the budget through its 2025-2027 biennial appropriations to WSDOT; and
NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained
herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS
FOLLOWS:
SCOPE OF WORK AND BUDGET
The GRANTEE agrees to provide Transportation Demand Management (TDM) services, primarily used to
support local Commute Trip Reduction (CTR) programs associated with the Statewide Commute Trip
Reduction Program, including: 1) Development and submission of an Administrative Work Plan by the end
of the first quarter of this AGREEMENT that must be approved by WSDOT in writing; and 2) Implementation
of the strategies and production of the deliverables outlined in the WSDOT-approved Administrative Work
Plan in order to implement a CTR program. The Administrative Work Plan shall be incorporated as an
amendment to this AGREEMENT.
Funds Current Funds
Commute Trip Reduction (MMA) $ 90,100
Total Project Cost $ 90,100
Budget: Current Funds reflect total funding appropriated by the Washington State
Legislature for the Project in the 2025-2027 biennium.
Page 113 of 158
Page 2 of 11 City of Auburn
PTD1198
Section 2
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funds to the GRANTEE for public
transportation services that meet the needs of persons in the State of Washington.
Section 3
Scope of Project
The GRANTEE agrees to perform all designated tasks of the Project under this AGREEMENT as
described in “Scope of Work and Budget”.
Section 4
Term of Agreement
The GRANTEE shall commence, perform, and complete the work identified under this
AGREEMENT within the time defined in the caption space header titled “Term of Agreement” on
this AGREEMENT regardless of the date of signature and execution of this AGREEMENT unless
terminated as provided herein.
Section 5
General Compliance Assurance
A. The GRANTEE agrees to comply with all instructions as prescribed in WSDOT’s Public
Transportation Grant Guidebook, Chapter 8: Commute Trip Reduction program,
hereinafter referred to as the “Guidebook”, and any amendments thereto, found at
https://wsdot.wa.gov/business-wsdot/grants/public-transportation-grants/manage-your-
public-transportation-grant, which by this reference is fully incorporated herein.
B. The GRANTEE agrees that WSDOT, and/or any authorized WSDOT representative, shall
have not only the right to monitor the compliance of the GRANTEE with respect to the
provisions of this AGREEMENT but also have the right to seek judicial enforcement with
regard to any matter arising under this AGREEMENT.
Section 6
Administrative Work Plan
The GRANTEE agrees to submit to WSDOT an administrative work plan by the end of the first
quarter of this agreement or when the GRANTEE submits its first invoice, whichever is sooner.
The administrative work plan will include the following elements:
A. The work plan shall identify the activities and deliverables associated with this
AGREEMENT and other strategies as defined in the approved and locally adopted CTR
plans. These plans may include, but are not limited to, recruiting new employer worksites,
reviewing employer programs and providing site-specific suggestions for improved CTR
performance, administering surveys, , reviewing program exemption requests, providing
employer training, providing incentives, performing promotion and marketing, and
providing emergency ride home and other commuter services.
B. The administrative work plan may be revised based on a mutual written agreement
between the WSDOT Project Manager and the GRANTEE.
Section 7
CTR Plan
The GRANTEE shall review their CTR plan annually to ensure consistency with all applicable
plans related to their CTR program.
Page 114 of 158
Page 3 of 11 City of Auburn
PTD1198
Section 8
Survey Coordination
The GRANTEE agrees to coordinate with WSDOT and its contracting partners for Commute Trip
Reduction employer surveys.
Section 9
Database Updates
The GRANTEE agrees to provide WSDOT with updated lists of affected or participating worksites,
employee transportation coordinators, and jurisdiction contacts, as requested. These updates will
be submitted in a format specified by WSDOT.
Section 10
Use of State Funds for Incentives
The GRANTEE agrees to use State funds provided as part of this AGREEMENT in accordance
with incentives guidance that WSDOT shall provide to the GRANTEE.
Section 11
Coordination with Regional Transportation Planning Organizations (RTPO)
TheGRANTEE agrees to notify the regional transportation planning organization (RTPO) of any
substantial changes to its plans and programs that could impact the success of the regional CTR
plan. The GRANTEE agrees to provide information about the progress of its CTR plan and
programs to the RTPO upon request.
Section 12
Project Records
The GRANTEE agrees to establish and maintain accounts for the Project in order to sufficiently
and properly reflect all eligible direct and related indirect Project costs incurred in the performance
of this AGREEMENT. Such accounts are referred to herein collectively as the "Project Account."
All costs claimed against the Project Account must be supported by properly executed payrolls,
time records, invoices, contracts, and payment vouchers evidencing in sufficient detail the nature
and propriety of the costs claimed.
Section 13
Funding Distribution
The GRANTEE may distribute funds to local jurisdictions to include counties, cities, transit
agencies, Transportation Management Associations, Metropolitan Planning Organizations, or
other eligible organizations authorized to enter into agreements for the purposes of implementing
CTR, plans as applicable, and as authorized by RCW 70A.15.4080, and by ordinances adopted
pursuant to RCW 70A.15.4020(5).
Section 14
Reports
The GRANTEE shall prepare and submit quarterly program reports pursuant to this agreement
and as prescribed in WSDOT’s Guidebook. Due to Legislative and WSDOT reporting
requirements, any required quarterly progress reports shall be submitted for the duration of the
AGREEMENT period regardless of whether the underlying funding sources have been exhausted.
Page 115 of 158
Page 4 of 11 City of Auburn
PTD1198
Section 15
Implementation Plans
The GRANTEE shall incorporate appropriate sections of the “Scope of Work and Budget” and
description of allowable incentives in accordance with the incentives guidance provided to the
GRANTEE by WSDOT as set forth in Section 10 of this AGREEMENT, as well as the WSDOT-
approved Administrative Work Plan, in all agreements with an eligible contracting partner(s), as
necessary, to coordinate the development, implementation, and administration of such CTR
plans, and in compliance with applicable ordinances.
Section 16
Assignments and Subcontracts
A. The GRANTEE shall submit to WSDOT a copy of any contract, amendment, or change
order thereto pertaining to this Project for review and documentation. This includes any
completed Project facilities and/or infrastructure under this AGREEMENT, or other actions
obligating the GRANTEE in any manner with any third party with respect to its rights and
responsibilities under this AGREEMENT, including any leasing and/or lending the Project
or any part thereof to be used by anyone, not under the GRANTEE’s direct supervision.
B. The GRANTEE agrees to include all applicable sections of the AGREEMENT such as
Sections 5, 10, 11, and Sections 15 through 27, of this AGREEMENT in each
subcontract and in all contracts, it enters into for the employment of any individual,
procurement of any materials, or the performance of any work to be accomplished under
this AGREEMENT.
Section 17
Reimbursement and Payment
A. Payment will be made by WSDOT on a reimbursable basis for actual costs and
expenditures incurred while performing eligible direct and related indirect Project work
during the life of the Project. Payment is subject to the submission to and approval by
WSDOT of properly prepared invoices that substantiate the costs and expenses submitted
by the GRANTEE for reimbursement. Failure to send in progress reports and financial
information as required in Section 14 – “Reports” may delay payment. The GRANTEE
shall submit an invoice detailing and supporting the costs incurred. Such invoices may be
submitted no more than once per month and no less than once per year, during the course
of this AGREEMENT. If approved by WSDOT, properly prepared invoices shall be paid by
WSDOT within thirty (30) days of receipt of the invoice.
B. State Fiscal Year End Closure Requirement (RCW 43.88): The GRANTEE shall submit
an invoice for completed work in the same state fiscal period in which the work was
performed. As defined in RCW 43.88, the state fiscal period starts on July 1 and ends on
June 30 of the following year. Reimbursement requests must be received by July 15 of
each state fiscal period. If the GRANTEE is unable to provide an invoice by this date, the
GRANTEE shall provide an estimate of the expenses to be billed so WSDOT may accrue
the expenditures in the proper fiscal period. Any subsequent reimbursement request
submitted will be limited to the amount accrued as set forth in this section. Any payment
request received after the timeframe prescribed above will not be eligible for
reimbursement.
Page 116 of 158
Page 5 of 11 City of Auburn
PTD1198
Section 18
Energy Credit
To the extent GRANTEE receives any monies from the sale or disposition of energy credits,
decarbonization credits, environmental credits, or any other monies through its participation of a
like program, GRANTEE agrees to reinvest those monies into services and projects consistent
with the STATE’S public transportation grant program. GRANTEE’S obligation to reinvest these
monies under this provision shall be in an amount no less than the proportion of the STATE’S
funding of this AGREEMENT.
Section 19
Civil rights
The GRANTEE shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any WSDOT-assisted contract or in the administration of its public
transportation services.
Section 20
Compliance with Laws and Regulations
A. The GRANTEE agrees to abide by all applicable state and federal laws and regulations
including but not limited to, those concerning employment, equal opportunity
employment, nondiscrimination assurances, project record keeping necessary to
evidence compliance with such federal and state laws and regulations, and retention of
all such records. The GRANTEE will adhere to all applicable nondiscrimination
provisions in chapter 49.60 RCW.
B. Additionally, the GRANTEE agrees to comply, as applicable, with the following:
1. SB 5974 Move Ahead Washington
2. RCW 70A.02 Healthy Environmental for All (HEAL) ACT,
3. RCW 70A. 65.260 Climate Commitment ACT, and
4. Chapter 49.46 RCW – Minimum Wage Requirements & Labor Standards
5. RCW 43.21C State Environmental Policy Act (SEPA)
6. Executive Order 21-02 Archeological and Cultural Resources
C. Except when a federal statute or regulation preempts state or local law, no provision of
the AGREEMENT shall require the GRANTEE to observe or enforce compliance with any
provision, perform any other act, or do any other thing in contravention of state or local
law. If any provision or compliance with any provision of this AGREEMENT violates state
or local law or would require the GRANTEE to violate state or local law, the GRANTEE
agrees to notify WSDOT immediately in writing. Should this occur, WSDOT and the
GRANTEE agree to make appropriate arrangements to proceed with or, if necessary,
expeditiously, terminate the AGREEMENT.
Section 21
Ethics
A. Relationships with Employees and Officers of WSDOT. The GRANTEE shall not extend
any loan, gratuity, or gift of money in any form whatsoever to any employee or officer of
WSDOT, nor shall GRANTEE knowingly rent or purchase any equipment and materials
from any employee or officer of WSDOT.
B. Employment of Former WSDOT Employees. The GRANTEE hereby warrants that it shall
not engage on a full-time, part-time, or other basis during the period of this AGREEMENT,
any professional or technical personnel who are, or have been, at any time during the
period of this AGREEMENT, in the employ of WSDOT without written consent of WSDOT.
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Section 22
Anti-Lobbying
A. It is WSDOT’s policy that no funds awarded through the agency to grantees can be used
for lobbying activities.
B. GRANTEEs who receive an award through WSDOT shall certify on an annual basis that
the awarded funds ae not used for lobbying activities. This certification may be provided
as part of the Certification & Assurances annual submittal.
Section 23
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of their representatives shall have full access to and the right
to examine, during normal business hours and as often as they deem necessary, all of the
GRANTEE’s records with respect to all matters covered by this AGREEMENT. Such
representatives shall be permitted to audit, examine and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls, and other matters
covered by this AGREEMENT. In order to facilitate any audits and inspections, the GRANTEE
shall retain all documents, papers, accounting records, and other materials pertaining to this
AGREEMENT for six (6) years from the date of completion of the Project or the Project’s final
payment date. However, in case of audit or litigation extending past that six (6) year’s period,
then the GRANTEE must retain all records until the audit or litigation is completed. The GRANTEE
shall be responsible to assure that the GRANTEE and any subcontractors of the GRANTEE
comply with the provisions of this section and provide WSDOT, the State Auditor, and any of their
representatives, access to such records within the scope of this AGREEMENT.
Section 24
Recapture Provision
In the event that the GRANTEE fails to expend State Funds in accordance with state law and/or
the provisions of this AGREEMENT, WSDOT reserves the right to recapture State Funds in an
amount equivalent to the extent of noncompliance. The GRANTEE agrees to repay such State
Funds under this recapture provision within thirty (30) days of demand.
Section 25
No obligation by the state government
No contract between the GRANTEE and its subcontractors shall create any obligation or liability
for WSDOT with regard to this AGREEMENT without WSDOT’s specific written consent,
notwithstanding its concurrence in, or approval of, the award of any contract or subcontract or the
solicitations thereof.
Section 26
Personal Liability of Public Officers
No officer or employee of WSDOT shall be personally liable for any acts or failure to act in
connection with this AGREEMENT, it being understood that in such matters they are acting solely
as agents of WSDOT.
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Section 27
Agreement Modifications
A. Either PARTY may request changes to this AGREEMENT, including changes in the Scope
of Work and Budget. Such changes that are mutually agreed upon shall be incorporated
as written amendments to this AGREEMENT. No variation or alteration of the terms of
this AGREEMENT shall be valid unless made in writing and signed by authorized
representatives of the PARTIES. However, changes to the Project title, the contact person
of either PARTY, biennial adjustments with no impact to the overall project cost, or adding
the Administrative Work Plan, will not require a written amendment, but will be approved
and documented by WSDOT through an administrative revision or documentation in the
Grants Management System. WSDOT shall notify the GRANTEE of any such approved
revision in writing.
B. If there is an increase or decrease in funding under this AGREEMENT, the GRANTEE and
WSDOT agree to enter into a written amendment to this AGREEMENT, providing for an
appropriate change in the Scope of Work and Budget and/or the Total Project Cost in order
to reflect any such increase in funding.
Section 28
Changed Conditions Affecting Performance
The GRANTEE hereby agrees to immediately notify WSDOT of any change in conditions or law,
or of any other event which may affect its ability to perform the Project in accordance with the
provisions of this AGREEMENT.
Section 29
Remedies for Misuse or Noncompliance.
If WSDOT determines that the Project has been used in a manner materially different from Section
1, WSDOT may direct the GRANTEE to repay WSDOT the State-funded share of the Project.
WSDOT may also withhold payments should it determine that the GRANTEE has failed to
materially comply with any provision of this AGREEMENT.
Section 30
Disputes
A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not resolved
by agreement of the PARTIES, shall be decided in writing by the WSDOT Public
Transportation Division’s Assistant Director or Designee. This decision shall be final and
conclusive unless within ten (10) days from the date of GRANTEE’S receipt of WSDOT’s
written decision, the GRANTEE mails or otherwise furnishes a written appeal to the
Director of the Public Transportation Division or the Director’s designee. The GRANTEE’s
appeal shall be decided in writing by the Director of the Public Transportation Division
within thirty (30) days of receipt of the appeal by the Director of the Public Transportation
Division or the Director’s designee. The decision shall be binding upon the GRANTEE,
and the GRANTEE shall abide by the decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, GRANTEE shall
continue performance under this AGREEMENT while matters in dispute are being
resolved.
Section 31
Termination
A. Termination for Convenience. WSDOT and/or the GRANTEE may suspend or terminate
this AGREEMENT, in whole or in part, and all or any part of the financial assistance
provided herein, at any time by written notice to the other PARTY. WSDOT and the
GRANTEE shall agree upon the AGREEMENT termination provisions including but not
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PTD1198
limited to the settlement terms, conditions, and in the case of partial termination the portion
to be terminated. Written notification must set forth the reasons for such termination, the
effective date, and in case of a partial termination the portion to be terminated. However,
if, in the case of partial termination, WSDOT determines that the remaining portion of the
award will not accomplish the purposes for which the award was made, WSDOT may
terminate the award in its entirety. The PARTIES may terminate this AGREEMENT for
convenience for reasons including, but not limited to, the following:
1. The requisite funding becomes unavailable through failure of appropriation or
otherwise;
2. WSDOT determines, in its sole discretion, that the continuation of the Project would
not produce beneficial results commensurate with the further expenditure of funds;
3. The GRANTEE is prevented from proceeding with the Project as a direct result of
an Executive Order of the President with respect to the prosecution of a war or in
the interest of national defense; or an Executive Order of the President or Governor
of the state with respect to the preservation of energy resources;
4. The GRANTEE is prevented from proceeding with the Project by reason of a
temporary preliminary, special, or permanent restraining order or injunction of a
court of competent jurisdiction where the issuance of such order or injunction is
primarily caused by the acts or omissions of persons or agencies other than the
GRANTEE; or
5. The state Government determines that the purposes of the statute authorizing the
Project would not be adequately served by the continuation of financial assistance
for the Project.
6. In the case of termination for convenience under subsections A.1-5 above,
WSDOT shall reimburse the GRANTEE for all costs payable under this
AGREEMENT that the GRANTEE properly incurred prior to termination. The
GRANTEE shall promptly submit its claim for reimbursement to WSDOT. If the
GRANTEE has any property in its possession belonging to WSDOT, the
GRANTEE will account for the same and dispose of it in the manner WSDOT
directs.
B. Termination for Default. WSDOT may suspend or terminate this AGREEMENT for
default, in whole or in part, and all or any part of the financial assistance provided herein,
at any time by written notice to the GRANTEE, if the GRANTEE materially breaches or
fails to perform any of the requirements of this AGREEMENT, including:
1. Takes any action pertaining to this AGREEMENT without the approval of WSDOT,
which under the procedures of this AGREEMENT would have required the
approval of WSDOT;
2. Jeopardizes its ability to perform pursuant to this AGREEMENT, United States of
America laws, Washington state laws, or local governmental laws under which the
GRANTEE operates;
3. Fails to make reasonable progress on the Project or other violation of this
AGREEMENT that endangers substantial performance of the Project; or
4. Fails to perform in the manner called for in this AGREEMENT or fails, to comply
with, or is in violation of, any provision of this AGREEMENT.
5. WSDOT shall serve a notice of termination on the GRANTEE, setting forth the
manner in which the GRANTEE is in default. If it is later determined by WSDOT
that the GRANTEE had an excusable reason for not performing, such as events
which are not the fault of or are beyond the control of the GRANTEE, such as a
strike, fire or flood, WSDOT may: (a) allow the GRANTEE to continue work after
setting up a new delivery of performance schedule, or (b) treat the termination as
a termination for convenience.
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C. WSDOT, in its sole discretion, may, in the case of a termination for breach or default, allow
the GRANTEE ten 10 business days, or such longer period as determined by WSDOT, in
which to cure the defect. In such cases, the notice of termination will state the time period
in which cure is permitted and other appropriate conditions. If the GRANTEE fails to
remedy to WSDOT's satisfaction the breach or default within the timeframe and under the
conditions set forth in the notice of termination, WSDOT shall have the right to terminate
this AGREEMENT without any further obligation to GRANTEE. Any such termination for
default shall not in any way operate to preclude WSDOT from also pursuing all available
remedies against GRANTEE and its sureties for said breach or default.
D. In the event that WSDOT elects to waive its remedies for any breach by GRANTEE of any
covenant, term or condition of this AGREEMENT, such waiver by WSDOT shall not limit
WSDOT's remedies for any succeeding breach of that or of any other term, covenant, or
condition of this AGREEMENT.
E. Any termination of the AGREEMENT, whether for convenience or for default, that requires
the AGREEMENT to be terminated or discontinued before the specified end date set forth
in the caption header, “Term of Project”, shall require WSDOT to amend the AGREEMENT
by written amendment to reflect the termination date and reason for termination.
Section 32
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy under this agreement, or otherwise
afforded by law, shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 33
Waiver
In no event shall any WSDOT payment of grant funds to the GRANTEE constitute or be construed
as a waiver by WSDOT of any GRANTEE breach, or default, and shall in no way impair or
prejudice any right or remedy available to WSDOT with respect to any breach or default. In no
event shall acceptance of any WSDOT payment of grant funds by the GRANTEE constitute or be
construed as a waiver by GRANTEE of any WSDOT breach, or default which shall in no way
impair or prejudice any right or remedy available to GRANTEE with respect to any breach or
default.
Section 34
WSDOT Advice
The GRANTEE bears complete responsibility for the administration and success of the work as it
is defined in this AGREEMENT and any amendments thereto. Although the GRANTEE may seek
the advice of WSDOT, the offering of WSDOT advice shall not modify the GRANTEE’s rights and
obligations under this AGREEMENT and WSDOT shall not be held liable for any advice offered
to the GRANTEE.
Section 35
Limitation of Liability and Indemnification
A. The GRANTEE shall indemnify and hold harmless WSDOT, its agents, employees, and
officers and process and defend at its own expense any and all claims, demands, suits at
law or equity, actions, penalties, losses, damages, or costs (hereinafter referred to
collectively as “claims”), of whatsoever kind or nature brought against WSDOT, arising out
of, in connection with or incident to this AGREEMENT and/or the GRANTEE’s
performance or failure to perform any aspect of this AGREEMENT. This indemnity
provision applies to all claims against WSDOT, its agents, employees, and officers arising
out of, in connection with, or incident to the acts or omissions of the GRANTEE, its agents,
employees, and officers. Provided, however, that nothing herein shall require the
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GRANTEE to indemnify and hold harmless or defend the WSDOT, its agents, employees,
or officers to the extent that claims are caused by the acts or omissions of the WSDOT, its
agents, employees, or officers. The indemnification and hold harmless provision shall
survive termination of this AGREEMENT.
B. The GRANTEE shall be deemed an independent GRANTEE for all purposes, and the
employees of the GRANTEE or its subcontractors and the employees thereof, shall not in
any manner be deemed to be the employees of WSDOT.
C. The GRANTEE specifically assumes potential liability for actions brought by the
GRANTEE’s employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the GRANTEE specifically waives any immunity under the
state Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the GRANTEE or WSDOT incurs attorney fees, costs, or other legal
expenses to enforce the provisions of this section of this AGREEMENT against the other
PARTY, all such fees, costs, and expenses shall be recoverable by the prevailing PARTY.
Section 36
Governing Law, Venue, and Process
This AGREEMENT shall be construed and enforced in accordance with, and the validity and
performance thereof shall be governed by the laws of the state of Washington. In the event that
either PARTY deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the PARTIES hereto agree that any such action shall be
initiated in the state of Washington Thurston County Superior Court situated in Thurston County.
Section 37
Order of Precedence
Any conflict or inconsistency in this AGREEMENT and its attachments will be resolved by giving
documents precedence in the following order:
1. State law
2. This AGREEMENT
3. CTR Guidebook
Section 38
Severability
If any covenant or provision of this AGREEMENT shall be adjudged void, such adjudication shall
not affect the validity or obligation of performance of any other covenant or provision, or part
thereof, that in itself is valid if such remainder conforms to the terms and requirements of
applicable law and the intent of this AGREEMENT. No controversy concerning any covenant or
provision shall delay the performance of any other covenant or provision except as herein allowed.
Section 39
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The GRANTEE does hereby ratify and adopt all
statements, representations, warranties, covenants, and agreements and their supporting
materials contained and/or mentioned in such executed counterpart and does hereby accept
State Funds and agrees to all of the terms and conditions thereof.
Section 40
Execution
This AGREEMENT is executed by the Director of the Public Transportation Division, Washington
State Department of Transportation, or the Director's designee, not as an individual incurring
personal obligation and liability, but solely by, for, and on behalf of the Washington State
Department of Transportation, in his/her capacity as Director of the Public Transportation Division.
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Section 41
Binding Agreement
The undersigned acknowledges that they are authorized to execute the AGREEMENT and bind
their respective agency(ies) and/or entity(ies) to the obligations set forth herein.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT the day and year
last signed below.
WASHINGTON STATE
DEPARTMENT OF
TRANSPORTATION
CITY OF AUBURN
Authorized Representative
Public Transportation Division
Nancy Backus
Mayor
Print Name
Date Date
Approved as to legal form:
Jason M. Whalen, City Attorney
Page 123 of 158
AGENDA BILL APPROVAL FORM
Agenda Subject: Meeting Date:
Resolution No. 5872 (Whalen)
A Resolution amending the City of Auburn Fee Schedule
(RECOMMENDED ACTION: Move to adopt Resolution No. 5872.)
November 17, 2025
Department: Attachments: Budget Impact:
Legal Resolution No. 5872, Planning
Section A.7 Proposed Changes,
Public Works Section B.7
Proposed Changes, Finance
Proposed Changes
Administrative Recommendation:
City Council to adopt Resolution No. 5872.
Background for Motion:
The City Council passed Ordinance No. 5833, which provided for the adoption of a Fee Schedule.
Every year, City staff reviews the fees charged by their respective departments and recommends
adjustments based on current costs or inflation where appropriate. On October 20, 2025, City Council
adopted Resolution No. 5860, which approved proposed fee adjustments to amend the City of
Auburn Fee Schedule for 2026. Resolution No. 5872 would further amend the Fee Schedule for 2026.
Background Summary:
Resolution No. 5872 proposes modifications to the City’s Fee Schedule for 2026 implementation. The
proposed modifications, as detailed below, are revisions that were not yet known at the time of
adoption of Ordinance No. 5860 for the overall 2026 Fee Schedule. The update was made to reflect
current costs and adjustments for inflation where appropriate.
A revision to Section A.7 is proposed for consistency with impending changes to rental housing
licensing. The City is currently working with the Washington State Department of Revenue (DOR) to
onboard the City’s Rental Housing Business Licenses with the State. In 2026, applications and
renewals for rental housing licenses will be made directly through the DOR’s Business Licensing
Service (BLS). As a result of this transition, rental licenses will have a 12-month term from the date of
application and will no longer expire at the end of the calendar year. A revision is also proposed to
remove language referencing that a no-fee general business license is required in addition to the
rental license. In practice, the rental license fee is assessed as part of the business license process
and there is no need for a duplicate or redundant license or license application.
Page 124 of 158
The proposed update for 2026 includes changes to the System Development Charges (SDC) for
water, sewer, and storm drainage in section B.7 of the Fee Schedule. These fees were developed as
part of the 2025 Utility Rate Study that was reviewed at the November 10, 2025, Council Study
Session. The revisions included an increase to the Water SDC of 4.14% and a decrease to the Sewer
and Storm SDC’s of -0.49% and -1.09%, respectively.
Councilmember: Kate Baldwin Staff: Jason Whalen
Page 125 of 158
--------------------------------
Resolution No. 5872
November 12, 2025
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5872
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY OF
AUBURN FEE SCHEDULE
WHEREAS, the City of Auburn provides various services, a number of which entail
charging a fee; and
WHEREAS, the City Council provided for the adoption of a Fee Schedule with the
passage of Ordinance 5860; and
WHEREAS, it is appropriate to review and amend the schedule for City fees to be
charged in 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The City of Auburn Fee Schedule is amended as set forth in the
attached document.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
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--------------------------------
Resolution No. 5872
November 12, 2025
Page 2 of 2 Rev. 2020
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Jason Whalen, City Attorney
Page 127 of 158
CITY OF AUBURN FEE SCHEDULE
FEES FOR CITY PERMITS, LICENSES, PUBLICATIONS, AND ACTIONS
Effective January 1, 2026
A. PLANNING FEES (Per Ordinance No. 5707, Ordinance No. 5715, Ordinance No. 5819, Resolution No. 3797,
Resolution No. 3953, Resolution No. 4070, Resolution No. 4117, Resolution No. 4143, Ordinance No. 6077,
Resolution No. 4272, Resolution No. 4424, Ordinance No. 6276, Resolution No. 4552, Ordinance No. 6295,
Resolution No. 4868, Resolution No. 4880, Resolution 4964, Ordinance 6477, Resolution No. 5016, Resolution
5114, Resolution No. 5181, Resolution No. 5213, Resolution No. 5228, Resolution No. 5255, Resolution No. 5312,
Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, Resolution No. 5549, Resolution No. 5620,
Resolution No. 5681, Resolution No. 5719 Resolution No. 5784, and Resolution No. 5860 and Resolution No.
5872.)
1. APPLICATION FEES: Applications for any action identified below shall not be accepted for
filing, unless otherwise noted, until the fees per the below schedule have been paid to the City.1
Additional Re-submittal Fee (applied after 3 city
reviews of the application)
$137.00 per
re-submittal
Administrative Use Permits $2,124.00
Appeal of Administrative Decisions issued under
Chapter 1.25, Title 3, Title 5, Title 8, Title 12, Title 14,
Title 15, Title 16, Title 17, Title 18 or Title 19 to
Hearing Examiner1. Hearing Examiner costs are
included within the appeal fee and are therefore not
billed separately.
$1,455.00
Preliminary Binding Site Plan2 $6,265.00 + $80.00/lot
Boundary Line Adjustment1:
Residential (Single Family & Multi-Family) $1,758.00
Non-Residential (includes mixed use projects) $2,636.00
Boundary Line Elimination1 $732.00
Comprehensive Plan Map Amendments3 $8,865.00 (includes rezone
application fee)
Comprehensive Plan Text Amendments3 $8,865.00
Conditional Use Permits1, 6:
Residential (Single Family & Multi-Family) $2,770.00 + Hearing Examiner
expenses.
1 Please note that the City of Auburn may collect a review fee on behalf of the Valley Regional Fire Authority for certain
land use and/or environmental reviews which fee is collected in addition to the City’s required fees.
2 Per Auburn City Code, a modification to an approved binding site plan shall be processed in the same manner as the
original binding site plan approval. Therefore, the specified fee shall apply to a new or modified binding site plan
approval request.
3 Fees for amendments to text or maps of the Comprehensive Plan apply only where an applicant seeks an amendment
affecting specific properties rather than the City generally or property within the City generally.
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All Other (includes mixed use projects) $4,152.00 + Hearing Examiner
expenses.
Conditional Use Permits4 – Minor Adjustment:
Residential (Single Family & Multi-Family) $1,529.00
All Other (includes mixed use projects) $2,295.00
Critical Areas Review:
Required on-site mitigation, monitoring & reporting5 $4,653.00 + actual costs for
inspection and report preparation
by contracted professional.
Critical Areas Determinations (Exemptions or
Applicability)
$379.00
City review of environmental studies, plans or
reports (whether submitted with another city
application or not and includes one re-submittal)
$379.00/study, plan or report
Critical Areas Variance – Administrative $379.00
Critical Areas Variance or Reasonable Use
Provision – hearing examiner1, 6
$1,425.00 + total hourly charge
for Hearing Examiner +
associated expenses to be paid
by applicant prior to issuance of
final decision.
Current Use Taxation $1,174.00
Development Agreement and Amendments $6,510.00 + $75.00/lot or dwelling
unit
Architectural & Site Design Review and/or Major
Modifications to Already Issued Design Review
Decisions
$2,815.00
Architectural & Site Design Review Minor Modification
(applies to already issued design review decisions)
$407.00
Eligible Facilities Request (EFR) Assoc. with
modification of a wireless communication facility
(WCF)
$150.00
4 Per Auburn City Code, a major adjustment to an approved conditional use permit shall be processed in the same
manner as the original conditional use permit approval. Therefore, the specified fee shall apply to a new request for
conditional use permit approval or a request for a major adjustment to a previously approved conditional use permit
approval.
5 30% of required on-site mitigation, monitoring & reporting will be paid prior to the applicant submitting for a second
review or, if no second review is needed, before the City approves any associated permits. Remaining balance of any
other outstanding fees will be paid by the applicant before the City issues associated permits.
Page 129 of 158
Environmental Review:
SEPA Checklist Review1 – SFR and Middle
Housing (includes City issuance of DNS, MDNS, or
DS as appropriate; if a DS, this fee is in addition to
the review of the EIS)
SEPA Checklist Review1 – All other projects
(includes City issuance of DNS, MDNS, or DS as
appropriate; if a DS, this fee is in addition to the
review of the EIS)
$1,200.00
$2,900.00
Revised or Supplemental SEPA Checklist review1 –
SFR and Middle Housing (includes City
issuance of Addendum, if appropriate)
Revised or Supplemental SEPA Checklist review1 –
All other projects (includes City issuance of
Addendum, if appropriate)
SEPA Exempt Determination
$400.00
$1,000
$379.00
SEPA 3rd Party Review
Actual costs
Environmental Impact Statement $12,695.00 + actual costs for
preparation of draft & final
statements including labor,
materials, mailing & other actual
costs relating to the drafting &
circulating of the EIS.
Final Plats – Subdivisions and Final Binding Site Plans $3,342.00 + $63.00/lot
Final Plats – Short Plats $1,653.00 + $31.00/lot
Hearing Examiner – Conduct of Hearing and
Preparation of Decision6
Total hourly charge for hearing
examiner plus associated
expenses to be paid by applicant
prior to issuance of associated
permits
Floodplain Development Permit: Level One $456.00
Floodplain Development Permit: Level Two – Habitat
impact Assessment
$1,304.00
6 The total expense for the Hearing Examiner is the responsibility of the applicant and is in addition to the relevant
application fee for applications requiring a public hearing before the Hearing Examiner (e.g. conditional use permit).
The expense for Hearing Examiner services will be determined after the Hearing Examiner has provided an invoice to
the City that itemizes expenses incurred and this will be entered in the electronic permit tracking system as a payment
due the city from the Applicant prior to final project approval.
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Floodplain Development Permit: Level Three – Habitat
Impact Assessment & Hydraulic Analysis (Hydraulic
Analysis to be Conducted by Outside Third-Party
Consultant)
$2,280.00 + Third Party Review
Fees
Mitigation Plan Review Associated with a Floodplain
Development Permit
$1,240.00
City Acknowledgement Review of FEMA Flood Map
Revision Application; for projects requiring public
notification process additional fee will be assessed
based on additional resubmittal fee and actual hours
expended
$401.00
Floodplain Development Permit Exemption Letter $379.00
Floodplain Elevation Certificate $128.00
Landscape Plan Revision, including tree removal
requests, after initial implementation and after city
acceptance of initial maintenance period.
$342.00
Landscape/zoning compliance re-inspection $133.00
Legal Lot Determinations:
Affidavit/application for “Innocent Purchasers.” $1,161.00
Request/application for legal lot determination. $2,695.00
Mining Permits $5,315.00
Miscellaneous Administrative Decisions (i.e., sign area
deviation, written code interpretations, etc.)
$2,721.00
Specific - Work Hour/Noise Exception $404.00
Plat Alteration or Vacation 6 $5,781.00/request + Hearing
Examiner expenses.
Plat Modification $2,199.00/request
Preliminary Plats – Subdivisions1, 6 $11,600.00 + $143.00/lot +
Hearing Examiner expenses.
Preliminary Plats – Short Plats1 $5,009.00 + $74.00/lot
Preliminary Site Plan Review (non-PUD) $2,815.00
Pre-application Meeting $379.00 – fee will be applied
towards any related application
made within one year of the date
the pre-application meeting was
held
Public Notice Actual cost of publication,
mailings, labor, and any additional
costs
PUD – Major Adjustment7
$5,731.00
7 A prior City Code amendment eliminated Planned Unit Developments (PUD). The PUD fees included herein are
applicable only to the existing previously approved PUDs.
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Public Notice Boards:
2’ x 4’ public notice board $175.00 or at cost from sign
vendor
4’ x 4’ public notice board $200.00 or at cost from sign
vendor
Rezone – zoning map amendment $4,653.00
School Impact Fee Collection:8
Per Single Family Dwelling Unit $80.00
Per Multi-Family Dwelling Unit $39.00
SEPA – see Environmental Review
Shoreline:
Shoreline Exemption Determination $379.00
Shoreline Conditional Use Permit6 $4,162.00 + Hearing Examiner
expenses.
Shoreline Substantial Development Permit6 $4,162.00 + Hearing Examiner
expenses.
Shoreline Variance6 $4,162.00 + Hearing Examiner
expenses.
Short Plat Modification $2,137.00/requested modification
Site Plan Approval – PUD, Residential7 $2,815.00 + $74.00/lot or unit
Site Plan Approval - PUD, Non-residential7 $2,928.00 + $74.00/lot or unit
Special Exception:1, 6
Single Family Residential; for a single lot request
(to Hearing Examiner)
$379.00 + Hearing Examiner
expenses
All Other Instances $1,425.00 + Hearing Examiner
expenses
Special Home Occupation Permits $655.00
Third Party Review of Reports $237.00 + Actual Costs of
Consultant
Three-Party Outside Utility Extension Agreement - Site
Specific Review
$1,518.00 + plus the City’s actual
costs in performing under the
terms of the agreement as
negotiated between the parties
Type I Temporary Use Permit1 $268.00
$69.00 per extension request
Type II Temporary Use Permit1 $695.00
$69.00 per extension request
8 The City collects an application fee to cover the reasonable cost of administration of the school impact fee program.
Page 132 of 158
Variance:1
Administrative $2,978.00
Single Family Residential for a single lot request (to
Hearing Examiner)
$378.00+ Hearing Examiner
expenses
All other instances (includes mixed use residential)
(to Hearing Examiner)
$4,465.00 + Hearing Examiner
expenses
Zoning Certification Letter (per parcel):
Residential (Single Family & Multi-Family $80.00
Non-Residential (includes mixed use development) $154.00
Zoning Code Text Amendment $8,865.00
2. LAND CLEARING, GRADING AND FILLING FEES (Per Ordinance No. 6146, Resolution No. 4272
Resolution No. 4424, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470,
Resolution No. 5549, Resolution No. 5620, Resolution No. 5681 Resolution No. 5719, Resolution 5784 and
Resolution No. 5860.)
Grading, Land Clearing, and Filling Fees:
Application Fee without FAC (for up to 500 cubic
yards):
Minor Grading Permit $1,955.00
Single Family Residential for a single lot $2,997.00
Non-Residential and Multi-Family $9,772.00
Other (Early Clear and Grade Prior to, Utility,
etc.)
$7,819.00
Application Fee with FAC (for up to 500 cubic
yards)
$1,304.00
Over 500 cubic yards Application Fee + $0.10/cubic yard
Additional Review:
Each additional grading plan review without FAC beyond a 3rd review prior to plan
approval will require an additional fee of $1,144.00 be paid at the time of the additional
review submittal. If the review requires more than 8 hours of staff time to complete an
additional fee of $143.00 per hour will be charged and must be paid prior to plan
approval.
Additional grading plan review without FAC required by changes, additions or revisions
to plans during construction will require an additional fee of $572.00 be paid at the time
the additional review is submitted and prior to any review being completed. If the
review requires more than 4 hours of staff time to complete, an additional fee of
$143.00 per hour will be charged and must be paid prior to plan approval.
Page 133 of 158
3. BUILDING FEES (per Ordinance 5715, Ordinance 5819, Resolution No. 3773, Resolution No. 3797, Resolution
No. 3818, Resolution No. 3953, Resolution No. 4143, Ordinance No. 6146, Resolution No. 4272, Resolution No.
4424, Resolution No. 5134, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470,
Resolution No. 5549, Resolution No. 5620, Resolution No. 5681 Resolution No. 5719 Resolution 5784 and
Resolution No. 5860.)
a. Building Permit Fees: Building permit fees for new structures and additions are based
upon a project’s construction valuation as set forth by the International Code Council
(ICC). ICC’s construction valuation table is hereby incorporated into the City of
Auburn’s fees schedule. Construction valuations will be updated on January 1 st of each
year. Project valuation for alterations to existing buildings and for other structures not
identified in the ICC construction valuation table are based on the fair market value of
the labor and materials of the scope of work associated with the permit. The fee for
each International Building Code, International Residential Code, Washington State
Energy Code or Washington State Indoor Air Quality Code building permit shall be as
set forth in Table 3-A, below.9
Table 3-A BUILDING PERMIT FEES
TOTAL VALUATION FEE
$1.00 to $500.00 $32.00
$500.01 to $2,000.00 $32.00 for the first $500.00 plus $6.00 for each additional
$100.00, or fraction thereof, to and including $2,000.00
$2,000.01 to
$25,000.00
$122.00 for the first $2,000.00 plus $18.60 for each additional
$1,000.00, or fraction thereof, to and including $25,000.00
$25,000.01 to
$50,000.00
$549.80 for the first $25,000.00 plus $14.00 for each additional
$1,000.00, or fraction thereof, to and including $50,000.00
$50,000.01 to
$100,000.00
$899.80 for the first $50,000.00 plus $10.00 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00
$100,000.01 to
$500,000.00
$1,399.80 for the first $100,000.00 plus $9.00 for each
additional $1,000.00, or fraction thereof, to and including
$500,000.00
$500,000.01 to
$1,000,000.00
$4,999.80 for the first $500,000.00 plus $8.00 for each
additional $1,000.00, or fraction thereof, to and including
$1,000,000.00
$1,000,000.01 and up $8,999.80 for the first $1,000,000.00 plus $6.00 for each
additional $1,000.00 or fraction thereof
9 Please note that the City of Auburn may collect a review fee for the Valley Regional Fire Authority for certain permit
applications that is collected in addition to the City’s required fees.
Page 134 of 158
Other Inspections and Fees:
1. Inspections outside of normal business hours .............................. $214.50 per hour 1
(minimum charge – two hours)
2. Reinspection fees assessed under provisions of Section 109.4.13 $143.00 per hour 1
3. Inspections for which no fee is specifically indicated ................... $143.00 per hour 1
(minimum charge – one hour)
4. Additional plan review required by changes, additions or revisions to plans $143.00
per hour1
(minimum charge – one hour)
5. For use of outside consultants for plan checking and inspections, or both .... Actual
costs2
FOOTNOTES:
1 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall
include supervision, overhead, equipment, hourly wages and fringe benefits of the
employees involved.
2 Actual costs include administrative and overhead costs.
b. Mechanical Permit Fees: The fee for each permit issued under provisions of the
International Mechanical Code, International Fuel Gas Code, NFPA 54 (National Fuel
Gas Code), NFPA 58 (Liquefied Petroleum Gas Code), or the mechanical device
provisions of the International Residential Code shall be as set forth in Table 3-B,
below. For new single-family dwellings a flat rate permit fee of $252.00 may be charged
in lieu of fees as prescribed in Table 3-B. For new multi-family dwellings, a flat rate
permit fee of $200.00 may be charged in lieu of fees prescribed in Table 3-B.
Table 3-B MECHANICAL PERMIT FEES
Permit Issuance:
1. For the issuance of each mechanical permit
a. Residential Over the Counter** Application Fee ................................. $43.00
b. Commercial, Multifamily, Non-Residential Application Fee ................ $170.00
2. In addition to the base mechanical application fee, each mechanical fixture shall include
a permit fee of ...................................................................................................... $15.00
Other Inspections and Fees*:
1. Inspections outside of normal business hours, per hour (minimum charge -- two hours)
......................................................................................................................... $214.50
2. Reinspection fees assessed under provisions of Section 109.4.13 ............. $143.00
3. Inspections for which no fee is specifically indicated, per hour (minimum charge -- one
hour) ................................................................................................................ $143.00
4. Additional plan review required by changes, additions or revisions to plans or to plans for
which
an initial review has been completed (minimum charge -- one hour) ........... $143.00
Page 135 of 158
* Per hour for each hour worked or the total cost to the jurisdiction, whichever is greatest.
This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits
of the employees involved and include a minimum of one hour unless otherwise specified.
** Over the Counter application and permit fees are not eligible for refunds when applied
for in error
c. Plumbing Code Permit Fees: For new single-family dwellings a flat rate permit fee of
$252.00 may be charged in lieu of fees as prescribed in Table 3-C. For new multi-
family dwellings, a flat rate permit fee of $200.00 may be charged in lieu of fees
prescribed in Table 3-C.
Table 3-C PLUMBING PERMIT FEES
Permit Issuance:
1. For the issuance of each plumbing permit
a. Residential Over the Counter** Application Fee .................................. $43.00
b. Commercial, Multifamily, Non-Residential Application Fee ................ $170.00
2. In addition to the base plumbing application fee, each plumbing fixture shall include a
permit fee of ......................................................................................................... $15.00
Other Inspections and Fees*:
1. Inspections outside of normal business hours .......................................... $214.50
2. Reinspection fee ....................................................................................... $143.00
3. Inspections for which no fee is specifically indicated ............................... $143.00
4. Additional plan review required by changes, additions or revisions to approved plans
.......................................................................................................................... $143.00
*Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is
greater. This cost shall include supervision, overhead, equipment, hourly wages and fringe
benefits of all the employees involved and include a minimum of one hour unless otherwise
specified
** Over the Counter application and permit fees are not eligible for refunds when applied
for in error
d. Other Building Permit Fees
Change of Use: The permit fee shall be equivalent to the adopted additional plan review
and reinspection fee based on a minimum of four hours.
Certificate of Occupancy: For issuance of a new or replaced Certificate of Occupancy not
associated with any other building permit, a fee of $256.00 will be required per certificate.
Commercial Re-roof Permit Fee: The permit fee shall be equivalent to the adopted
additional plan review and reinspection fee based on a minimum of three hours.
Conditional Approval: When authorized by the City, permits that are issued with
conditions due to project phasing, out of sequence issuance, pending associated
approvals, or other advanced permitting requests made by the applicant, a conditional
approval fee equivalent to the additional plan review fee based on a minimum of four hours
will be required prior to issuance.
Demolition Permit Fees: Demolition permits shall be charged a base fee of $181.00.
Fire Permit Fee: For each fire permit fee a City of Auburn administration fee of $143.00
will be applied in addition to the fee collected for the Valley Regional Fire Authority (VRFA)
as identified in the VRFA Fee Schedule.
Page 136 of 158
Manufactured Home: The permit fee shall be equivalent to the adopted additional plan
review and reinspection fee based on a minimum of four hours.
Permit Extensions: For permits that are granted an extension beyond the expiration date
or date of abandonment, whether issued or not, a permit extension fee is required to be
paid prior to extension. The fee shall be the lesser of $143.00 or 50% of the original
application and permit fees.
Plan Review Fees: When submitted documents are required by Section 106.3 of the
Construction Administrative Code, a plan review fee shall be paid at the time of submitting
the submittal documents for plan review. Said plan review fee shall be 65 percent of the
building permit fee as shown in Table 1-A. The plan review fees specified in this section
are separate fees from the permit fees and in addition to permit fees.
Rack Permit Fee: The permit fee shall be equivalent to the adopted additional plan review
and reinspection fee based on a minimum of three hours.
Solar Permits – Over the Counter: The permit fee for solar installations that qualify for
the over-the-counter permitting shall be equivalent to the inspection fee based on a
minimum of two hours. Over the counter application and permit fees are not eligible for
refunds for applications made in error.
Stock Plan Site Plan Review Fee: The plan review fee for individual lot site plan that have
an approved building stock plan shall be $259.00.
Temporary Certificate of Occupancy Fees: There shall be a fee of $0.30 per square
foot with a minimum charge of $600 and a maximum of $3,000 for issuance of a temporary
certificate of occupancy and a fee of 30% of the original temporary certificate of occupancy
fee for each subsequent 30-day extension requested.
Work Without a Permit: Building construction and grading activities requiring permits per
ACC 15.74 that are determined to be in violation for work occurring without an approved
permit result in additional documentation, administration, research, and inspection and
require more processing time. For these cases, an additional 100% fee will be applied to
the standard application and permit fees identified in sections 3 and 4 above.
It is possible a violation existed prior to property purchase by a new owner, was
constructed by an individual who misled the owner, or was constructed by an individual
who was unaware of code requirements. The fact that violations may not have been
created by the current owner does not relieve Code Enforcement staff from their
responsibility to seek compliance from the property owner. When assessing permit fees,
consideration may be given based on the circumstances, severity of the violation, and
timeliness of the property owner to resolve and obtain required permits and compliance
with City code.
Building Permit Fee Reductions. The Director is authorized to waive building,
mechanical or plumbing permit fees for homeowners that are already enrolled in another
City program that is intended to benefit low-income residents (e.g. housing home repair
program, utility discount program). This fee reduction may also be extended to contractors
that are applying for permits on behalf of these homeowners provided that it can be
documented that the discount is benefiting the homeowner and not supplementing a
contractor’s profit.
Page 137 of 158
4. FIRE IMPACT FEES. Impact Fees By Land Use – Revenue Credit = 20% (Per Ordinance No.
5977, Resolution 3953 Resolution No. 4022 and Resolution No. 5860.)
Land Use Fire and EMS Impact Fee per Unit
of Development
Residential – All calculations below are per square foot – Total x Square Feet
Single Family, Duplex, Mobile
Home $0.72
(Min. $406.08)
Multi-Family $0.72
(Min. $406.08)
Non-Residential – All calculations below are per square foot – Total x Square Feet
Hotel/Motel $0.42
Hospital/Clinic $0.42
Group Living $0.42
Office $0.25
Retail $0.68
Restaurant/Bar/Lounge $0.42
Industrial/Manufacturing $0.08
Leisure/Outdoors $0.42
Agriculture $0.42
Church $0.42
Schools/Colleges $0.32
Government/Public Buildings $0.42
Casino $0.42
Jails $0.42
5. ADMINISTRATIVE PROCEDURES AND MISCELLANEOUS INSPECTIONS: In
addition to any other fees specified in this chapter, there shall be a fee schedule for certain
administrative procedures not otherwise included as set forth in the following schedule of fees:
a. Adult Family Home Inspection $593.00
b. Relocation (pre-inspection) Per Table 1-A
c. Housing Inspection Actual city cost based on the
adopted additional plan review and
reinspection fee.
d. Sign Permits Unless exempt by Ch. 18.56 ACC,
the fee shall accompany each
application for a sign permit. The
amount of the fee shall be based
upon the value of the sign
pursuant to Table 1-A.
Page 138 of 158
6. BUSINESS LICENSE FEES
a. The annual fee for a General Business License as
defined in Chapter 5.10 of the Auburn City Code.
$112.00
b. Contractors who are based outside of Auburn but that
are performing work inside of Auburn.
$112.00
c. Replacement fee for commercial vehicle parking permit
issued in accordance with ACC 10.36.190.B
$15.00
d. Unlicensed Penalty Fee: An unlicensed penalty fee
will be assessed for businesses in operation without a
current business license.
$200 / year of operation without a
license.
7. RENTAL HOUSING BUSINESS LICENSE FEES (Per Resolution No. 4601, Ordinance No. 5882,
Resolution No. 4272, Resolution No. 4424, Ordinance 6477, Resolution No. 5620 Resolution No. 5681 Resolution
5784, and Resolution No. 5860 and Resolution No. 5872.):
a. The annual fee for a license to operate rental housing
businesses in the City, as defined in Chapter 5.22 of
the Auburn City Code (ACC) shall be based on the total
number of units as follows:
Non-profit rental $0/year
Single Family Home or Single Condo Rental $32.00/year
Duplex, Triplex or Fourplex $81.00/year
Condo or Apartment Complex (5 to 24 dwelling
units)
$161.00/year
Condo or Apartment Complex (25 or more dwelling
units)
$536.00/year
Communal residence $161.00/year
b. The fee for a license to operate rental housing businesses in the city shall be for the license
year from January 1 to December 31, and each applicant must pay the full fee for the current
license year or any portion thereof during which the applicant has engaged in the operation of rental
housing businesses.
c. The rental housing business license fee required by this chapter is in lieu of, and not in addition
to, the general business license fee required by Chapters 5.05 and 5.10 of the Auburn City Code
(ACC); provided, however, that any person required to obtain a rental housing business license
must also obtain a general business license, at no cost, pursuant to Chapters 5.05 and 5.10 of the
Auburn City Code (ACC).
Rental housing business license renewals shall be for the period January 1 through December 31 of
each year.
0
9. Technology Fee: (Per Resolution No. 5549 Resolution No. 5620 and Resolution No. 5860.)
A 4% technology fee is included in all fees outlined in sections 1, 2, 3, and 5 above.
8. INDIVIDUAL LICENSE REGULATIONS (Per Ordinance No. 6749, Resolution No. 5470, and Resolution
No. 5549 and Resolution No. 5620 Resolution 5784 and Resolution No. 5860):
The fee licensing under ACC 5.20.030 shall be as follows:
Type Fee Term
Initial Renewal
Dance Hall and Operator $380.00 $380.00 1/1 – 12/31
Marijuana Related Businesses $541.00 $541.00 1/1 – 12/31
A duplicate license shall be issued by the business license clerk, as designated by the
mayor, to replace any license previously issued which has been lost, stolen, defaced, or
destroyed.
Page 139 of 158
B. ENGINEERING AND PUBLIC WORKS FEES
Transportation Impact Fee Due = Fee Assessment – Fee Credit
Fee Assessment = Fee Rate x Independent Variable Quantity
Fee Credit = the highest of the following, subject to verification and ACC 19.04
requirements:
Fee that would be assessed using the current fee rates for existing permitted use on
subject property
Fee that would be assessed using the current fee rates for previous permitted use after
2001 on subject property when previous use was within existing structure(s) or structure(s)
demolished within 5-years of application date.
Total previous transportation impact fees paid by subject property.
Per Trip Fees1
Downtown Fee Per Trip $3,824.00
Outside Downtown Fee Per Trip $6,022.00
Notes
1 Downtown fee applies to properties and projects located entirely within the Downtown Urban Center
as defined by the current Downtown Plan.
Fee Rates4
Land Use
ITE
Land
Use
Code2
Independent
Variable5
FEE RATE:
Non-
Downtown1
FEE RATE:
Non-
Downtown
w/ Transit
Proximity1,6
FEE RATE:
Downtown1
FEE RATE:
Downtown
w/ Transit
Proximity1,6
Industrial
General Light Industrial 110 sf/GFA $8.32 $8.32 $5.28 $5.28
Industrial Park 130 sf/GFA $4.35 $4.35 $2.76 $2.76
Manufacturing 140 sf/GFA $9.47 $9.47 $6.01 $6.01
Warehousing 150 sf/GFA $2.30 $2.30 $1.46 $1.46
Mini-Warehouse/Storage 151 sf/GFA $1.77 $1.77 $1.12 $1.12
Residential7
Single-Family Detached
Housing (maximum fee) 210 du
$6,604.13 $5,349.34 $4,193.65 $3,396.86
Single-Family Detached
Housing8,9 210 sf $3.85 $3.12 $2.44 $1.98
Single-Family Attached
Housing (maximum fee) 215 du
$4,004.63 $3,243.75 $2,542.96 $2,059.80
Single-Family Attached
Housing8,9 215 sf $3.85 $3.12 $2.44 $1.98
Multi-Family – Low Rise
(maximum fee) 220 du
$3,787.84 $3,068.15 $2,405.30 $1,948.29
1. Transportation Impact Fee Rate Schedule: (Per Ordinance No. 5763 as amended by Resolution No.
3953, Ordinance No. 6005, Resolution No. 4103, Resolution No. 4424, Resolution 4964, Resolution No. 5114, Resolution
No. 5181, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, Resolution No. 5549,
Resolution No. 5620, Resolution No. 5681, Resolution No. 5719, Resolution No. 5833 and Resolution No. 5860 and
Resolution No. 5872.)
Page 140 of 158
Land Use
ITE
Land
Use
Code2
Independent
Variable5
FEE RATE:
Non-
Downtown1
FEE RATE:
Non-
Downtown
w/ Transit
Proximity1,6
FEE RATE:
Downtown1
FEE RATE:
Downtown
w/ Transit
Proximity1,6
Multi-Family – Low
Rise8,9 220 sf $2.88 $2.34 $1.83 $1.48
Multi-Family Mid-Rise
(maximum fee) 221 du
$2,896.58 $2,346.23 $1,839.34 $1,489.87
Multi-Family Mid-Rise8,9 221 sf $2.65 $2.15 $1.69 $1.37
Accessory Dwelling Unit N/A du
Calculated
@ 50% of
the fee that
would be
charged to
the
principal
unit
Calculated
@ 50% of
the fee that
would be
charged to
the
principal
unit
Calculated
@ 50% of
the fee that
would be
charged to
the
principal
unit
Calculated
@ 50% of
the fee that
would be
charged to
the
principal
unit
Mobile Home Park 240 du $3,259.91 $2,640.53 $2,070.06 $1,676.75
Senior Adult Housing –
Single Family 251 du $1,686.16 $1,365.79 $1,070.72 $867.28
Senior Adult Housing –
Multi Family 252 du $1,405.13 $1,138.16 $892.27 $722.74
Congregate Care Facility 253 du $1,011.70 $819.47 $642.43 $520.37
Assisted Living 254 bed $1,348.93 $1,092.63 $856.58 $693.83
Continuing Care
Retirement Community 255 unit
$1,067.90 $865.00 $678.12 $549.28
Lodging
Hotel 310 room $4,737.31 $3,837.22 $3,008.21 $2,436.65
Motel 320 room $2,890.56 $2,341.35 $1,835.52 $1,486.77
Recreational
Health/Fitness Club 492 sf/GFA $16.10 $11.91 $10.22 $7.57
Recreational Community
Center 495 sf/GFA $11.67 $8.63 $7.41 $5.48
Institutional
Elementary School 520 student $382.20 $282.83 $242.70 $179.60
Middle School/Jr. High 522 student $650.38 $481.28 $412.99 $305.61
High School 525 student $831.84 $615.56 $528.22 $390.88
Junior/Community
College 540 student $653.59 $483.65 $415.03 $307.12
School District Office 528 sf/GFA $18.80 $12.78 $11.94 $8.12
Church10 560 sf/GFA $3.64 $2.69 $2.31 $1.71
Day Care Center10 565 sf/GFA $44.64 $33.04 $28.35 $20.98
Medical
Nursing Home 620 beds $786.87 $637.37 $499.67 $404.73
Hospital 610 sf/GFA $6.91 $5.59 $4.38 $3.55
Clinic10 630 sf/GFA $20.74 $16.80 $13.17 $10.67
Page 141 of 158
Land Use
ITE
Land
Use
Code2
Independent
Variable5
FEE RATE:
Non-
Downtown1
FEE RATE:
Non-
Downtown
w/ Transit
Proximity1,6
FEE RATE:
Downtown1
FEE RATE:
Downtown
w/ Transit
Proximity1,6
Animal Hospital/Vet
Clinic10 640 sf/GFA $19.84 $16.07 $12.60 $10.21
Office10
General Office
(>10,000sf) 710 sf/GFA $13.27 $9.02 $8.43 $5.73
Small Office
(≤10,000sf) 712 sf/GFA $19.90 $13.53 $12.64 $8.59
Medical Office –
Standalone 720 sf/GFA $28.40 $19.31 $18.03 $12.26
Medical Office – Hospital
Campus 720 sf/GFA $20.52 $13.96 $13.03 $8.86
Post Office 732 sf/GFA $28.69 $19.51 $18.22 $12.39
Retail10
Free Standing Discount
Superstore 813 sf/GFA $12.96 $9.59 $8.23 $6.09
Free Standing Discount
Store 815 sf/GFA $17.00 $12.58 $10.80 $7.99
Hardware/Paint Store 816 sf/GFA $7.53 $5.57 $4.78 $3.54
Shopping Center (>150k) 820 sf/GLA $9.46 $7.00 $6.01 $4.44
Shopping Plaza (40-
150k) - with supermarket 821 sf/GLA $25.12 $18.59 $15.95 $11.81
Shopping Plaza (40-
150k) - without
supermarket
821 sf/GLA $14.44 $10.69 $9.17 $6.79
Strip Retail Plaza (<40k) 822 sf/GLA $18.33 $13.57 $11.64 $8.62
Car Sales – New 840 sf/GFA $17.88 $13.23 $11.35 $8.40
Car Sales – Used 841 sf/GFA $27.70 $20.50 $17.59 $13.02
Automobile Parts Sales 843 sf/GFA $9.53 $7.05 $6.05 $4.48
Tire Store 848 sf/GFA $11.92 $8.82 $7.57 $5.60
Supermarket 850 sf/GFA $24.15 $17.87 $15.33 $11.35
Convenience Store 851 sf/GFA $62.80 $46.47 $39.88 $29.51
Home Improvement
Store 862 sf/GFA $5.60 $4.14 $3.56 $2.63
Drugstore w/o Drive-
Through 880 sf/GFA $13.65 $10.10 $8.67 $6.41
Drugstore w/ Drive-
Through 881 sf/GFA $17.84 $13.20 $11.33 $8.38
Marijuana Dispensary 882 sf/GFA $139.76 $103.42 $88.75 $65.67
Services10
Drive-in Bank 912 sf/GFA $41.12 $30.43 $26.11 $19.32
Fast Casual Restaurant 930 sf/GFA $40.92 $30.28 $25.99 $19.23
Fine Dining Restaurant 931 sf/GFA $29.81 $22.06 $18.93 $14.01
Page 142 of 158
Land Use
ITE
Land
Use
Code2
Independent
Variable5
FEE RATE:
Non-
Downtown1
FEE RATE:
Non-
Downtown
w/ Transit
Proximity1,6
FEE RATE:
Downtown1
FEE RATE:
Downtown
w/ Transit
Proximity1,6
High Turnover (Sit-
Down) Restaurant 932 sf/GFA $23.82 $17.62 $15.12 $11.19
Fast Food Restaurant
w/o Drive-Through 933 sf/GFA $68.00 $50.32 $43.18 $31.95
Fast Food Restaurant w/
Drive-Through 934 sf/GFA $66.30 $49.06 $42.10 $31.16
Coffee Shop w/o Drive-
Through 936 sf/GFA $22.04 $16.31 $13.99 $10.36
Coffee Shop w/ Drive-
Through 937 sf/GFA $26.61 $19.69 $16.90 $12.50
Coffee Shop w/ Drive-
Through (No Seating) 938 DTL $10,292.00 $7,616.08 $6,535.47 $4,836.25
Automobile Parts and
Service Center 943 sf/GFA
$6.37 $4.71 $4.04 $2.99
Gasoline/Service Station 944 VFP $27,531.10 $20,373.01 $17,482.38 $12,936.96
Gasoline/Service Station
with Market (2-4k) 945 VFP $27,657.36 $20,466.45 $17,562.56 $12,996.30
Gasoline/Service Station
with Market (4-5.5k) 945 VFP $34,173.81 $25,288.62 $21,700.54 $16,058.40
Gasoline/Service Station
with Market (5.5-10k) 945 VFP $40,389.96 $29,888.57 $25,647.82 $18,979.39
Land Use Type Not
Listed 3
Trip generation rates, factors, and fee
determined by City using data
provided by Applicant.
City Review Fee = $0
Fee determined by Independent Trip
Generation Study prepared by
Applicant’s Engineer in accordance
with the ITE Manual, subject to City
Engineer review and approval.
City Review Fee = $510
Notes:
1 Downtown fee applies to properties and projects located entirely within the Downtown Urban Center
as defined by the current Downtown Plan.
2 Institute of Transportation Engineers Trip Generation Manual, current edition.
3 Contact the City’s Public Works Department at 253-931-3010 or visit www.auburnwa/gov/TIF for
more information and guidance when the land use type is not listed in the fee schedule.
4 Except as Noted Otherwise, Fee Rate = Basic Trip Rate × New Trip Factor × Trip Length Adj. Factor
× Truck Factor × Proximity to Transit Factor (when applicable) × Per Trip Fee ÷ 1,000 (for Land Use
with Independent Variable measured in square feet)
5 du = dwelling unit; sf = square footage of residential dwelling unit less garages and detached storage
areas; sf/GFA = Square feet Gross Floor Area and where Gross floor area (GFA) means the sum of
the area of each floor level of a building (expressed in square feet), including cellars, basements,
mezzanines, penthouses, corridors, lobbies, stores, and offices, that are within the principal outside
Page 143 of 158
faces of exterior walls, not including architectural setbacks or projections. Included are all areas that
have floor surfaces with clear standing head room (six feet six inches minimum) regardless of use.
With the exception of buildings containing enclosed malls or atriums, GFA is equal to the gross
leasable area (GLA) and gross rentable area; sf/GLA = Square Feet Gross Leasable Area where
Gross leasable area (GLA) means the total floor area designed for tenant occupancy and exclusive
use, including any basements, mezzanines, or upper floors, expressed in square feet. For the
purposes of the trip generation calculation, the floor area of any parking garages within the building
shall not be included within the GLA of the entire building. GLA is the area for which tenants pay rent;
it is the area that produces income for the property owner.; VFP = Vehicle Fueling Position; DTL =
drive through lanes.
6 Land Use is within ½ mile walking distance to frequent transit or Auburn Station as identified by the
current Comprehensive Transportation Plan with Level of Transit Service 1 designation.
7 Traffic Impact fees assessed for Single Family Residential Units include home occupations, adult
family homes, family home childcares, and such occupations commonly found within single family
residences. It does not include occupations that would require a Special Home Occupation Permit
pursuant to ACC18.60.
8 Subject to maximum fee for specified land use.
9 Fee Rate = Maximum Fee for Single Family Detached ÷ Regional Average Dwelling Unit Size × ITE
Manual Average Number of Occupants Adjustment; where:
• Regional Average Dwelling Unit Size = 1,717 square feet; and
• ITE Manual Average Number of Occupants Adjustment = ratio of average number of
occupants for housing type to average occupants for single family attached and detached
housing = 1 for single family detached and attached, 0.75 for Multifamily Low Rise, and
0.69 for Multifamily Mid Rise
10 Payment Program available when applied for and agreement executed prior to building permit
issuance subject to conditions and limitations of ACC 19.04 and the following:
• Maximum term = 24 months
• Maximum total amount financed = $15,000
• Intererst rate = Fixed at agreement execution at prime rate
Land Use
ITE
Land
Use
Code1
Basic
Trip
Rate2
New
Trip
Factor3
Avg.
Trip
Length4
Trip Length
Adj. Factor5
Truck
Adj.
Factor
Proximity to
Transit
Factor6
Industrial
General Light Industrial 110 0.65 1.00 5.10 1.70 1.25 1.00
Industrial Park 130 0.34 1.00 5.10 1.70 1.25 1.00
Manufacturing 140 0.74 1.00 5.10 1.70 1.25 1.00
Warehousing 150 0.18 1.00 5.10 1.70 1.25 1.00
Mini-Warehouse/Storage 151 0.15 1.00 5.10 1.70 1.15 1.00
Residential
Single-Family Detached
Housing (maximum fee) 210 0.94 1.00 3.50 1.17 1.00 0.81
2. Transportation Impact Fee Trip Rate Adjustment Factors (Per Resolution No. 5860):
Fee Rates in Section 1 were calculated using these adjustment factors.
Page 144 of 158
Land Use
ITE
Land
Use
Code1
Basic
Trip
Rate2
New
Trip
Factor3
Avg.
Trip
Length4
Trip Length
Adj. Factor5
Truck
Adj.
Factor
Proximity to
Transit
Factor6
Single-Family Detached
Housing 210 N/A N/A N/A N/A N/A N/A
Single-Family Attached
Housing (maximum fee) 215 0.57 1.00 3.50 1.17 1.00 0.81
Single-Family Attached
Housing 215 N/A N/A N/A N/A N/A N/A
Multi-Family – Low Rise
(maximum fee) 220 0.51 1.00 3.70 1.23 1.00 0.81
Multi-Family – Low Rise 220 N/A N/A N/A N/A N/A N/A
Multi-Family Mid-Rise
(maximum fee) 221 0.39 1.00 3.70 1.23 1.00 0.81
Multi-Family Mid-Rise 221 N/A N/A N/A N/A N/A N/A
Accessory Dwelling Unit N/A N/A N/A N/A N/A N/A N/A
Mobile Home Park 240 0.58 1.00 2.80 0.93 1.00 0.81
Senior Adult Housing –
Single Family 251 0.30 1.00 2.80 0.93 1.00 0.81
Senior Adult Housing –
Multi Family 252 0.25 1.00 2.80 0.93 1.00 0.81
Congregate Care Facility 253 0.18 1.00 2.80 0.93 1.00 0.81
Assisted Living 254 0.24 1.00 2.80 0.93 1.00 0.81
Continuing Care
Retirement Community 255 0.19 1.00 2.80 0.93 1.00 0.81
Lodging
Hotel 310 0.59 1.00 4.00 1.33 1.00 0.81
Motel 320 0.36 1.00 4.00 1.33 1.00 0.81
Recreational
Health/Fitness Club 492 3.45 0.75 3.10 1.03 1.00 0.74
Recreational Community
Center 495 2.50 0.75 3.10 1.03 1.00 0.74
Institutional
Elementary School 520 0.14 0.80 1.70 0.57 1.00 0.74
Middle School/Jr. High 522 0.15 0.80 2.70 0.90 1.00 0.74
High School 525 0.14 0.80 3.70 1.23 1.00 0.74
Junior/Community
College 540 0.11 0.80 3.70 1.23 1.00 0.74
School District Office 528 2.04 0.90 5.10 1.70 1.00 0.68
Church 560 0.49 1.00 3.70 1.23 1.00 0.74
Day Care Center 565 11.12 1.00 2.00 0.67 1.00 0.74
Medical
Nursing Home 620 0.14 1.00 2.80 0.93 1.00 0.81
Hospital 610 0.86 0.80 5.00 1.67 1.00 0.81
Clinic 630 3.69 1.00 2.80 0.93 1.00 0.81
Animal Hospital/Vet Clinic 640 3.53 1.00 2.80 0.93 1.00 0.81
Office
General Office
(>10,000sf) 710 1.44 0.90 5.10 1.70 1.00 0.68
Page 145 of 158
Land Use
ITE
Land
Use
Code1
Basic
Trip
Rate2
New
Trip
Factor3
Avg.
Trip
Length4
Trip Length
Adj. Factor5
Truck
Adj.
Factor
Proximity to
Transit
Factor6
Small Office
(≤10,000sf) 712 2.16 0.90 5.10 1.70 1.00 0.68
Medical Office –
Standalone 720 3.93 0.75 4.80 1.60 1.00 0.68
Medical Office – Hospital
Campus 720 2.84 0.75 4.80 1.60 1.00 0.68
Post Office 732 11.21 0.75 1.70 0.57 1.00 0.68
Retail
Free Standing Discount
Superstore 813 4.33 0.71 2.10 0.70 1.00 0.74
Free Standing Discount
Store 815 4.86 0.83 2.10 0.70 1.00 0.74
Hardware/Paint Store 816 2.98 0.74 1.70 0.57 1.00 0.74
Shopping Center (>150k) 820 3.40 0.66 2.10 0.70 1.00 0.74
Shopping Plaza (40-150k)
- with supermarket 821 9.03 0.66 2.10 0.70 1.00 0.74
Shopping Plaza (40-150k)
- without supermarket 821 5.19 0.66 2.10 0.70 1.00 0.74
Strip Retail Plaza (<40k) 822 6.59 0.66 2.10 0.70 1.00 0.74
Car Sales – New 840 2.42 0.80 4.60 1.53 1.00 0.74
Car Sales – Used 841 3.75 0.80 4.60 1.53 1.00 0.74
Automobile Parts Sales 843 4.90 0.57 1.70 0.57 1.00 0.74
Tire Store 848 3.75 0.72 2.20 0.73 1.00 0.74
Supermarket 850 8.95 0.64 2.10 0.70 1.00 0.74
Convenience Store 851 49.11 0.49 1.30 0.43 1.00 0.74
Home Improvement Store 862 2.29 0.58 2.10 0.70 1.00 0.74
Drugstore w/o Drive-
Through 880 8.51 0.47 1.70 0.57 1.00 0.74
Drugstore w/ Drive-
Through 881 10.25 0.51 1.70 0.57 1.00 0.74
Marijuana Dispensary 882 18.92 0.80 4.60 1.53 1.00 0.74
Services
Drive-in Bank 912 21.01 0.65 1.50 0.50 1.00 0.74
Fast Casual Restaurant 930 12.55 0.57 2.85 0.95 1.00 0.74
Fine Dining Restaurant 931 7.80 0.56 3.40 1.13 1.00 0.74
High Turnover (Sit-Down)
Restaurant 932 9.05 0.57 2.30 0.77 1.00 0.74
Fast Food Restaurant w/o
Drive-Through 933 33.21 0.51 2.00 0.67 1.00 0.74
Fast Food Restaurant w/
Drive-Through 934 33.03 0.50 2.00 0.67 1.00 0.74
Coffee Shop w/o Drive-
Through 936 32.29 0.17 2.00 0.67 1.00 0.74
Coffee Shop w/ Drive-
Through 937 38.99 0.17 2.00 0.67 1.00 0.74
Page 146 of 158
Land Use
ITE
Land
Use
Code1
Basic
Trip
Rate2
New
Trip
Factor3
Avg.
Trip
Length4
Trip Length
Adj. Factor5
Truck
Adj.
Factor
Proximity to
Transit
Factor6
Coffee Shop w/ Drive-
Through (No Seating) 938 15.08 0.17 2.00 0.67 1.00 0.74
Automobile Parts and
Service Center 943 2.06 0.70 2.20 0.73 1.00 0.74
Gasoline/Service Station 944 13.91 0.58 1.70 0.57 1.00 0.74
Gasoline/Service Station
with Market (2-4k) 945 18.42 0.44 1.70 0.57 1.00 0.74
Gasoline/Service Station
with Market (4-5.5k) 945 22.76 0.44 1.70 0.57 1.00 0.74
Gasoline/Service Station
with Market (5.5-10k) 945 26.90 0.44 1.70 0.57 1.00 0.74
Land Use Type Not
Listed 7
Notes:
1 Institute of Transportation Engineers Trip Generation Manual, current edition.
2 Basic Trip = 1-hour peak vehicle trip rate between 4pm and 6pm from ITE
3 New Trip Factor = Percent of trips that are new trips per ITE expressed in decimal form
4 In miles
5 Trip Length Adjustment Factor = Average Trip Length ÷ Citywide Average Trip Length; where:
Citywide Average Trip Lenth = 3 miles
6 Applied to land use within ½ mile walking distance to frequent transit or Auburn Station as identified
by the current Comprehensive Transportation Plan with Level of Transit Service 1 designation.
7 For Land Use types not listed, basic trip rates and adjustments factors will be assessed using the
most similar Land Use types in the Fee Schedule and/or the ITE Manual and, as required or approved
by the City Engineer, trip data and/or an Independent Trip Generation Study provided by the Applicant.
Contact the City’s Public Works Department at 253-931-3010 or visit www.auburnwa/gov/TIF for more
information and guidance.
Page 147 of 158
3. Facility Extension (FAC) Fees: (Per Ordinance No. 5791 and amended by Ordinance No. 5819,
Resolution No. 3953, Resolution No. 4272, Resolution No. 4424, Resolution No. 5114, Resolution No. 5319, Resolution
5380, Resolution No. 5388, Resolution No. 5470, Resolution No. 5549, Resolution No. 5620, Resolution No. 5681
Resolution No. 5719, Resolution 5784 and Resolution No. 5860.)
Application Fee:
The application fee varies by project type as follows:
Residential $646.00
Commercial* $3,242.00
Multi-Family** $5,202.00
Short Plat*** $6,490.00
Plat*** $10,428.00
* Includes multi-use projects in the Downtown Urban Center and projects outside City
limits that extend City utilities.
** Includes multi-use projects outside the Downtown Urban Center.
*** Includes unit lot subdivisions.
Base Review Fee: $1,950.00 for each facility (water main, private water main, sanitary sewer, storm
drainage, street, private street/fire lanes and private storm systems within private streets)
Review and Inspection Fee: Summation of the following categories (a+b+c+d).
a. For the combined linear footage of water main, private water main, sanitary sewer, storm
drainage and private storm drainage within private streets, streets, and private street/fire lanes,
$7.25 per lineal feet.
b. For non-linear extensions such as pump stations or traffic signals, the review and inspection
extension fee will be determined by the City Engineer based on an estimate of the City’s costs
associated with the review and inspection costs with staff time at a rate of $143.00 per hour and
outside support services charged at actual cost.
c. For that portion of a City utilities extension located outside City Limits, additional fees may be
assessed equal to the City’s costs associated with permits from other jurisdictions required to be
paid for by the City.
d. City provided material such as street light control nodes, utility structure covers, and other
material that may be provided by the City for the completion of the FAC construction are
charged at actual City cost.
Page 148 of 158
Facility Extension Fees will be paid as follows:
a. Application fee due with application.
b. Base Review Fee, 30% of the estimated Review and Inspection Fee, and any outstanding
application fees will be paid when the applicant applies for second review or, if no
second review is needed, before the City signs the facility extension agreement.
c. Remaining balance of Review and Inspection Fees and any other outstanding application fees
will be paid by the applicant before the City signs the facility extension agreement.
Additional Review:
Each additional plan review beyond a 3rd review, prior to plan approval, will require an
additional fee of $1,144.00 be paid at the time of the additional review submittal. If the review
requires more than 8 hours of staff time to complete, an additional fee at a rate of $143.00
per hour will be charged and must be paid prior to plan approval.
Additional plan review required by changes, additions or revisions to plans during
construction will require an additional fee of $572.00 be paid at the time the additional review
is submitted and prior to any review being completed. If the review requires more than 4
hours of staff time to complete, an additional fee at a rate of $143.00 per hour will be charged
and must be paid prior to plan approval.
For each deviation, deferral, or appeal submitted for review, the applicant will be charged
a $572.00 fee, regardless of the City’s approval or rejection of the request. If the review of
the request requires more than 4 hours of staff time to complete, an additional fee at a
rate of $143.00 per hour will be charged and must be paid prior to delivery of the City’s
determination.
Additional Inspection:
Fees to inspect work beyond the Authorized Construction Period, re-inspect previously inspected
work that was found to be incomplete or deficient, and inspection of non-linear extension work
are applied a rate of $143.00 per hour during normal business hours and $213.00 per hour
during non-business hours (weeknights, weekends, and holidays).
4. Right-of-Way Use Permit Fees: (Per Ordinance No. 6125, Resolution No. 5255, Resolution No. 5319,
Resolution No. 5388, Resolution No. 5470, Resolution No. 5549, Resolution No. 5620, Resolution No. 5681 Resolution
No. 5719, Resolution 5784 and Resolution No. 5860.)
Type A – Banner (Application Fee Only, No permit fee) $75.00
Type B – Short Term (Application Fee Only, No permit
fee)
$75.00
Type C – Long Term (Application Fee) $308.00
Type C – Long Term – Surface Encroachment (Permit
Fee)
$147.00 per year
Type C – Long Term – Surface Encroachment
(Leasehold Excise Tax (LET) Collection)
Per Estimated Value of the encroachment
area as determined by the City Engineer
and the current LET Rate set by the State.
Type C – Long Term – Non-Surface Encroachment
(Permit Fee)
$75.00 per year
Page 149 of 158
Type D – Hauling (Application Fee) $147.00
Type D – Hauling (Permit Fee) Estimated staff time for inspection and
oversight @ $143.00 per hour during
normal business hours and $213.00 per
hour during non-business hours
(weeknights, weekends, and holidays).
Police support to be contracted separately
as needed.
Administrative Amendment (Application Fee, applies
to requested changes to Right-of-Way Use Permits
that have been issued that do not change the intent of
the permitted use or include areas beyond the intent of
the original use)
$154.00
Additional Application Fee for permits that require a
parking plan, traffic control plan, and/or pedestrian
detour plan
$130.00
5. Franchise Agreements: (Per Ordinance No. 6546, Resolution No. 5114, Resolution No. 5255, Resolution No.
5319, Resolution No. 5388, Resolution No. 5413, Resolution No. 5424, Resolution No. 5470, Resolution No. 5549,
Resolution No. 5620, Resolution No. 5681 Resolution No. 5719, Resolution 5784 and Resolution No. 5860.)
Application/Renewal/Amendment Application Fee
(ACC 13.36.040, ACC 20.06.120, ACC 20.06.130)
$7,139.00 Nonrefundable Initial Fee + plus
the City’s actual costs incurred in excess of
$7,139.00. Initial Fee is due at time of
application any additional costs beyond the
initial fee is due prior to the effective date of
the agreement.
Annual Administration Fee (ACC 20.04.170) Actual City Costs
Annual CATV Franchise Fee (ACC 13.36.230) 5% of Gross Revenue for the prior three
months.
Other Annual Franchise Fee (ACC 20.06.100) Statutorily Permissible Percent of Gross
Revenue
Small Wireless Facility Application Fee (ACC
20.02.010, ACC 20.14.020)
$500.00 for Existing, Relocated, or
Replaced Structure for up to five sites or
$1,000.00 for each New Structure
(These fees include all City permitting
costs except the Franchise
Application/Renewal/Amendment and
Administration Fee.)
Late Payment. In the event any quarterly payment is
made after noon on the date 10 days after the date
due
Simple interest at 12% annually on the total
amount past due
Assignment or transfer of Franchise $3,569.00
6. Right-of-Way Vacations: (Per Resolution No. 4143, Resolution No. 5114, Resolution No. 5319, Resolution No.
5388, Resolution No. 5470, Resolution No. 5549, Resolution No. 5620, Resolution No. 5681 Resolution No. 5719,
Resolution 5784 and Resolution No. 5860.)
Application Fee $2,158.00
Land Value Compensation Per ACC 12.48.085
Amendment Request (applicable when changes
are requested after initial City Council approval
but prior to vacation taking effect)
$1,079.00
Page 150 of 158
7. Utility System Development Fees: (Per Ordinance No. 5819 and amended by Resolution No. 3797,
Resolution No. 3953, Resolution No. 4272, Resolution No. 4424, Resolution No. 5114, Resolution No. 5134, Resolution
No. 5181, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, Resolution No. 5549,
Resolution No. 5620, Resolution No. 5681 Resolution No. 5719, Resolution 5784 and Resolution No. 5860 and Resolution
No. 5872.)
For all utilities, a charge in lieu of assessment or payback charges may be applicable for the
proportional share of the utility line being connected to.
a. Water Utility: Connection fees are comprised of a Permit Fee and the System Development
Charge as follows:
Meter
Size
(In
Inches)
Water Service Installation Permit Fee System
Development
Charge (SDC)
Existing Water
Service & Meter
Box(1)
Water Service & Meter Box Installed by City(2)
Paved Street Unpaved Street
¾ or less $592.00 $5,572.00 $3,728.00 $9,725.0010,127.00
¾ or less
with
Fireline(3)
$592.00
$7,547.00
$5,704.00
$9,725.0010,127.00
1 $657.00 $5,637.00 $3,793.00 $9,725.0010,127.00
1 with
Fireline(3)
$657.00 $7,613.00 $5,767.00 $9,725.0010,127.00
1-1/2 $1,596.00 $9,353.00 $7,832.00 $32,383.0033,723.00
2 $1,614.00 $9,695.00 $7,850.00 $51,830.0053,974.00
3 Actual Cost By Applicant By Applicant $103,758.00108,051.0
0
4 Actual Cost By Applicant By Applicant $162,102.000168,808.
00
6 Actual Cost By Applicant By Applicant $324,112.00337,521.0
0
8 Actual Cost By Applicant By Applicant $518,600.00540,055.0
0
10 Actual Cost By Applicant By Applicant $745,563.00776,407.0
0
(1)Installation of a water meter done by the City and the service either already exists or has been
installed by the Applicant.
(2)Installation of the entire water service is done by the City.
(3)Applies only to Single-Family Residential meter.
b. Sanitary Sewer Utility: Connection fees are comprised of a Permit Fee and the System
Development Charge as follows:
Type Permit Fee System Development
Charge (SDC)
New Connection(4) $269.00 $3,608.003,590.00 per
RCE(5)
Grinder Pump (New
Connection)(4)
$369.00 $3,608.003,590.00 per
RCE(5)
Tenant Improvement(4) $92.00 $3,608.003,590.00 per
net increase in RCE’s(5)
(4)All construction is the responsibility of the Applicant. If a new connection or repair
requires work within City right-of-way, a Construction Permit (CON - see Section 9) is
required in addition to the Sewer Permit.
Page 151 of 158
(5)RCE, Residential Customer Equivalent - An RCE shall be as defined by the King County
Department of Natural Resources as follows:
Single Family Home 1,500-2,999 square feet (sq ft) – 1.0
RCE Duplex – 1.62 RCE
Single Family Home less than 1,500 sf – 0.81 RCE Triplex – 2.43 RCE
Single Family Home, 3,000 sf or larger – 1.16 RCE Fourplex – 3.24 RCE
Accessory Dwelling Unit (Attached or Detached) – 0.59
RCE Five or more units – 0.63 RCE’s per
unit
Mobile home spaces – 1.0 RCE per space
For micro housing and for commercial, industrial and other non-residential uses, the number of RCE’s is
calculated based on the number and type of water fixtures installed as part of the development.
NOTE: In addition to City sanitary sewer connection fees, King County will impose a sanitary sewer
connection fee (King County Capacity Charge) for improvements in King County’s regional sewer
system, in accordance with King County Code 28.84.050. King County will bill customers directly
for this charge once the sewer work is complete. This charge is not to be paid to the City.
c. Storm Drainage Utility: (Per Resolution No. 4566 and amended by Resolution No. 5181, Resolution No. 5255,
Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, Resolution No. 5549, Resolution No. 5620,
Resolution No. 5681 Resolution No. 5719, Resolution 5784 and Resolution No. 5860.)
Connection fees are comprised of a Permit Fee and the System Development Charge as follows:
Type Permit Fee(6) System
Development
Charge (SDC)
Single Family
Residence &
Duplexes (on
Individual
Parcels)
Level 1 $295.00 $1,791.001,772.0
0 per Parcel Level 2 $578.00
Level 3 (7) Base Fee = $1,974.00 for up to 10,000 SF of disturbed area
Cumulative Additional Fee #1 = Base Fee + $556.00 for 10,001
SF up to 43,560 SF (1 Acre) of disturbed area
Cumulative Additional Fee #2 = Cumulative Additional Fee #1 +
$141.00 per whole or partial Acre disturbed over 1 Acre
Other Parcels Level 1 $295.00 $1,791.001,772.0
0 per ESU(8)
Level 2 $578.00
Level 3 (7) Base Fee = $1,974.00 for up to 10,000 SF of disturbed area
Cumulative Additional Fee #1 = Base Fee + $556.00 for 10,001
SF up to 43,560 SF (1 Acre) of disturbed area
Cumulative Additional Fee #2 = Cumulative Additional Fee #1 +
$141.00 per whole or partial Acre disturbed over 1 Acre
(6)Permit levels are determined as follows:
Level 1 permits are for all projects that are not located in a Critical Area and add or replace less than 2,000
square feet of hard surface area; and/or disturb less than 7,000 square feet of land.
Note: Single-family residential projects disturbing 500 square feet or less may not require a permit.
Page 152 of 158
Level 2 permits are for all projects that add or replace 2,000 to 4,999 square feet of hard surface area; or
disturb 7,000 square feet or more of land.
Level 3 permits are for all projects that add 5,000 square feet or more of hard surface area, or convert ¾
acres or more of native vegetation to lawn/landscaped area, or convert 2.5 acres or more of native
vegetation to pasture, or the new plus replaced hard surface area is 5,000 square feet or more and the
value of improvements exceeds 50% of the assessed value of existing improvements.
(7)Level 3 permit is calculated as the Base Fee plus the Cumulative Additional Fees described herein.
(8)ESU, Equivalent Service Unit - A configuration of development of hard surfaces (which include impervious
surfaces, permeable pavements, and vegetated roofs) estimated to contribute an amount of runoff to the
City’s storm drainage system which is approximately equal to that created by the average single family
residential parcel. Although gravel surfaces are considered a hard surface under ACC 13.48.010, gravel
surfaces are not included in the calculation of the SDCs. One ESU is considered equal to 2,600 square feet of
parcel coverage by hard surfaces. Per ACC 13.48.010.
When calculating the total SDC, a credit of 1 ESU will be given for each single-family residential or two-family
residential parcel conversions to non-single-family use. For all others, when calculating the total SDC, a credit
will be applied for the existing hard surface area except existing gravel surfaces.
8. Other Utility Fees: (Per Ordinance No. 5819, Ordinance No. 5944, Resolution No. 3797, Resolution No.
3953, Resolution No. 4424, Resolution No. 5114, Resolution No. 5134, Resolution No. 5255, Resolution No. 5319,
Resolution No. 5388, Resolution No. 5424, Resolution No. 5470, Resolution No. 5549, Resolution No. 5620, Resolution
No. 5681 Resolution No. 5719, Resolution 5784 and Resolution No. 5860.)
Hydrant Installation Permit and Inspection Fee $339.00
Hydrant Use Monthly Rate (Type A, Type B, and Type C):
3-inch water meter monthly rate, plus
Actual usage at Commercial water rate
Per Current Utility
Rate Schedule
Hydrant Permit (Type A, Type B, and Type C) Administration Fee $290.00
Fire Hydrant Meter Wrench Fee (Type A)(1) $81.00
Lost or Stolen Fire Hydrant Wrench $81.00
Hydrant Meter with RPBA, Valve, and Wrench (Type B) – Refundable
Deposit(2)
$3,245.00
Hydrant Meter and Wrench (Type C) – Refundable Deposit $3,081.00
Lost or Stolen Hydrant Meter (Type C) Deposit Forfeited
+$500.00 (2b)
Lost or Stolen Hydrant Meter with RPBA (Type B) Deposit Forfeited
+$500.00 (2b)
Failure to return Hydrant Meter with RPBA for inspection by the deadline
(Type B)
Deposit Forfeited
+$500.00 (2b)
Failure to submit annual backflow test by due date (Type C) Deposit Forfeited
Non-return of hydrant meter with RPBA assembly after request for return
(Type B)
$13.00/calendar
day +$500.00 (2b)
Loaning out a hydrant meter with RPBA assembly or hydrant meter to an
unauthorized party(2a) (Type B and Type C)
$319.00
Using a hydrant without Backflow Test Report on hand (2a) (Type C) $319.00
Dedicated Hydrant Use and Hydrant Meter Penalties and Charges (Type A, B,
or C):
Failure to record “Start” read properly(2a) $319.00
Failure to record “Finish” read properly(2a) $319.00
Failure to submit monthly water consumption report to the city $13.00/calendar
day + $500.00 (2b)
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Nonpayment of bill within 10 calendar days of reminder notice $13.00/calendar
day
Using a hydrant without Trained Hydrant Operator Card on hand(2a) $63.00
Using a hydrant without obtaining Trained Hydrant Operator Card(2a) $319.00
Using a hydrant without Hydrant Permit documentation on hand(2a) $63.00
Using a hydrant without obtaining Hydrant Permit (2a) $319.00
Using a tool other than the city-supplied hydrant wrench to operate a
hydrant(2a)
$63.00
Damage to hydrant or infrastructure (reimbursement to city for repair or
replacement)
At Actual Cost
Nonresponse to revocation of permit or trained hydrant operator
certificate
$13.00/calendar
day
Disassembly or tampering of hydrant, hydrant meter assembly or
hydrant meter with RPBA assembly(2a)
$319.00
Water Meter Test Fee, 2” or less $307.00
Water Meter Test Fee, greater than 2” At Actual Cost
Water Meter Removal Fee (3/4” to 1”) $431.00
Water Meter Removal Fee (1-1/2” to 2”) $860.00
Water Meter Removal Fee (3” and larger) At Actual Cost
Water Service Abandonment Permit (City abandons at main, removes meter
and box)
$4,136.00
Water Meter Relocation Permit by City Same as Water
Service Installation
Permit Fee, see
7.a.
Backflow Permit for Premises Isolation (internal or external) $116.00
Utility Fees with Demolition Permit
Water Meter Lockoff/Unlock Demo Fee (all sizes), per meter $97.00
Fire Line Shutoff/Turn-on Demo Fee $97.00
Fire line Abandonment Permit (at main or other City-approved location, by
Applicant, also may require Construction permit if in ROW)
$116.00
Fire line Abandonment Permit (at main or other City-approved location, by
City), based on size of connection at main
Same as Water
Service Installation
Permit Fee, see
7.a.
Meter Damage/Tamper Repair Permit
$574.00 plus
Meter Cost, if
applicable
Unauthorized fire line or water hook up $111.00 a day fine
from date of
discovery
Refusal of access per day $33.00
Backflow Assembly Abandonment Demo Fee, per assembly $92.00
Water/Sewer Certificate Application Fee7 (outside of city limits for other than
one single-family residence)
$456.00
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Side Sewer Cap Demo Fee (to cap side sewer before building demolition),
per sewer connection
$116.00
Storm Inspection Demo Fee (to cap storm pipes before building demolition),
per parcel
$307.00
Hydraulic Water Modeling Base Fee $307.00
Hydraulic Modeling and Analysis (payment of estimated fees required in
advance of beginning modeling work)
At Actual Cost
King County Right-of-Way Construction Permit (includes base application fee
and review and inspection of utilities per King County Title 14 Roads and
Bridges)
At Actual Cost,
$1,159.00 Deposit
Hourly Rate for Negotiation, Development, Administration, and Execution of
Special Agreements for Utility Service (Franchise Agreements, Service Area
Agreements)
$128.00
Re-Locate Fee (if <45 days from initial locates) $283.00
Side Sewer Repair Permit on Private Property $116.00
Side Sewer Repair Permit in Right-of-Way(3) $222.00
Side Sewer Cap Permit (not associated with demolition) $116.00
Side Sewer Relocation/Replacement Permit $184.00
Oil/Water Separator Permit $283.00
Grease Interceptor Permit(3) $1,364.00
Storm Drainage Repair Permit – Existing Private System on Private Property $116.00
Storm Drainage Repair Permit – Existing System in Public Right-of-
Way/Easement(3)
$222.00
Storm Retrofit Permit – Non-Single Family on Private Property $326.00
Utilities Payback Administration Fees:
Application Fee(4):
Base Fee (BF) $2,820.00
Per Benefited Parcel (BP) $75.00
Application Fee Calculation = BF + (BP x Number of Benefited
Parcels)
Payment Processing Fee (per parcel)(5) $136.00
Outside Professional Services, including Area of Special Benefit
Analysis
Time & Materials
Recording fee will be billed to the Developer after recording is
complete for actual cost.(6)
At Actual Cost
(1) Non-refundable fee. Wrench is only for withdrawing water at City-designated hydrant fill stations. Applicant will be
charged the Hydrant Use Monthly Rate and all monthly reported water use at Commercial water rates until applicant
returns wrench and notifies City in writing that applicant is no longer using water from City-designated hydrants.
(2) Each year, the hydrant meter with RPBA, Valve, and Wrench must be returned to City for annual maintenance and
testing no later than the date specified by the City at the time of application. The deposit amount will be forfeited if the
equipment is not returned to the City by the deadline. If needed, the City will re-issue a hydrant meter to the applicant
under the same permit. In that instance, the applicant will be billed for any damages to the returned meter; the deposit will
be applied to the re-issued hydrant meter. Upon final return of the equipment to the City, the cost of repairing any
damages will be deducted from the deposit.
(2a) Maximum penalty, per day, location, violator and incident.
(2b) Water Use Charge for unreturned or damaged Hydrant Meter (if reading cannot be recorded due to unreturned or
damaged equipment).
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(3) If repair or new construction requires work within City right-of-way, including a new connection to the City’s system, a
Construction Permit (CON - see Section 9) is required in addition to the permit.
(4) Payback Agreement Application Fee includes mailing costs.
(5) Fee to be deducted from the amount due to the developer when payback is collected for a parcel.
(6) Fee to be billed after recording. Outstanding recording fees will be deducted from the amount due to the developer
when payback is collected for a parcel.
(7) Please note that the City of Auburn may collect a review fee on behalf of the Valley Regional Fire Authority for certain
land use and/or environmental reviews which fee is collected in addition to the City’s required fees.
9. Construction/Excavation Permits (for work within the public rights-of-way including
construction of utilities, sidewalks and driveways that are not part of Facility Extensions
(FAC)): (Per Ordinance No. 5817, Resolution No. 3953, Resolution No. 4272, Resolution No. 4424, Resolution No.
5319, Resolution No. 5388, Resolution No. 5470, Resolution No. 5549, Resolution No. 5620, Resolution No. 5681
Resolution No. 5719, Resolution 5784 and Resolution No. 5860.)
Basic Fee (BF)
Basic fee covers permit intake, admin, limited review and inspection
time.
$204.00
Daily Review and Inspection Rate (DIR)
Normal Business Days (weekdays)
Non-Business Days (includes weeknights, weekends, and holidays))
$572.00
$854.00
Fee Calculation:
Permit Fee = BF + (DIR x Estimated Days In Right of Way)*
*For projects that are expected to involve significant review and inspection time, after hours work, or
the review and inspection scope or duration requirements cannot be accurately estimated, the city
engineer may establish a deposit account to manage permittee deposits in advance of permit
issuance for reimbursing actual labor costs of administering the permit. Such deposit accounts will
not be interest bearing and will be closed at the end of the permitted work when a final accounting
of the permit administration cost shall be calculated, and a final bill or credit issued to the permittee.
The Public Works Director is authorized to waive construction permit fees for projects that are
funded through the City’s Neighborhood Grant Program. A fee waiver does not eliminate the
requirement to apply for and obtain a permit.
10. Memorial Sign Program: (Per Ordinance No. 6137, Ordinance No. 6149, Resolution No. 5319, Resolution No.
5388, Resolution No. 5470, Resolution No. 5549, Resolution No. 5620, Resolution No. 5681 Resolution No. 5719,
Resolution 5784 and Resolution No. 5860.)
Memorial Sign $214.00
11. Special Permits: (Per Ordinance No. 5817 and amended by Resolution No. 3953, Resolution No. 4272,
Resolution No. 4424, Resolution No. 5319, Resolution No. 5388, and Resolution No. 5470.)
Special Permit fees are assessed per Section 9. Construction/Excavation Permits
12. Street Payback Agreements: (Per Ordinance No. 6319, Resolution No. 4624, Resolution No. 5319,
Resolution No. 5388, Resolution No. 5470, Resolution No. 5549, Resolution No. 5681 Resolution No. 5719, Resolution
5784 and Resolution No. 5860.)
Street Payback Administration Fees:
Application Fee(1):
Base Fee (BF) $2,820.00
Per Benefited Parcel (BP) $75.00
Application Fee Calculation = BF + (BP x Number of Benefited
Parcels)
Payment Processing Fee (per parcel)(2) $136.00
Page 156 of 158
Outside Professional Services, including Area of Special Benefit
Analysis
Time & Materials
Recording fee will be billed to the Developer after recording is
complete for actual cost.(3)
At Actual Cost
(1) Payback Agreement Application Fee includes mailing costs.
(2) Fee to be deducted from the amount due to the developer when payback is collected for a parcel.
(3) Fee to be billed after recording. Outstanding recording fees will be deducted from the amount due to the developer
when payback is collected for a parcel.
13. Mitigation and Impact Fees for Exempt Wells: (Per Resolution No. 5352 and RCW 90.94.030.)
Mitigation and Impact fees for properties that will be served by new
exempt wells drilled on or after January 19, 2018.*
$500.00
*$350.00 of the $500.00 fee shall be sent to the Washington State Department of Ecology for
mitigation enhancements in the well’s drainage basin, with the remaining $150.00 to be retained by
the City to cover its administrative costs.
14. Sidewalk Repair Program Fee: (Per Resolution No. 5620, Resolution No. 5681 Resolution No. 5719,
Resolution 5784 and Resolution No. 5860.)
Application fee (includes recording): $304.50
Fee for sidewalk repair: $38.00 per Square Foot for sidewalk and residential driveway apron
(excluding curb/gutter and approach), and $21.00 per Square Foot for residential driveway apron
approach (as required to for residential driveway apron repair) repairs required by ACC 12.12.234 to
be included in the City’s annual Sidewalk Repair and Accessibility Program. This fee does not
include tree removal but includes removal of roots located under the sidewalk to be repaired.
15. Technology Fee: (Per Resolution No. 5549, Resolution No. 5620 and Resolution No. 5860.)
A 4% technology fee is included in all fees listed above except fees listed in Sections 1, 2, 12, 13,
and system development charges in section 7.
16. Recording Fee: (Per Resolution No. 5784)
Unless indicated as included in other applicable fees, costs for recording documents associated with
permits, actions, and applications included herein shall be charged to the permittee/applicant at the
City’s actual cost.
Page 157 of 158
M. TAX FILING FEES (Per Resolution No. 5872).
1. There will be a $25 Manual Processing fee imposed on any multi-purpose tax form,
whether tax is owed or not, that is filed is manually and not electronically. Businesses without
access to electronic filing may submit a waiver request for review to the Finance Department.
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