HomeMy WebLinkAbout10-16-2023 City Council AgendaCity Council Meeting
October 16, 2023 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian 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.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday October 16, 2023 at
7:00 p.m. will be held in person and virtually.
Virtual P articipation L ink:
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 Z oom, please call the below number or click
the link:
Telephone: 253 205 0468
Toll Free: 888 475 4499
Z oom: https://us06web.zoom.us/j/83243307360
A .P ledge of Allegiance
I V.Roll Call
V.AP P O I NT M E NT S
A .J unior City Council
City Council to approve the appointment of L awand Muhsen to Auburn J unior City
Council for a two year term expiring A ugust 31, 2025
Page 1 of 132
(RE C O M M E ND E D AC T I O N: M ove to approve the appointment of Lawand
M uhsen to Auburn the J unior City Council, for a two year term to expire
August 31, 2025.)
V I .ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .B reast Cancer Awareness Month
Mayor Backus to proclaim October 2023 as "Breast Cancer Awareness Month" in the
City of Auburn
V I I .AG E ND A M O D I F IC AT I O NS
V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he 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 A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
I f an individual requires an 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 an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
B .Correspondence - (T here is no correspondence for Council review.)
I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
Page 2 of 132
1.F inance Ad Hoc Committee (Chair B aldwin)
X .C O NS E NT AG E ND A
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 of the S eptember 25 and October 9, 2023, S tudy
S ession Meetings
B .Minutes of the October 2, 2023, City Council Meeting
C.Claims Vouchers (Thomas)
Claims voucher list dated October 11, 2023 which includes voucher number 473691
through 473862, in the amount of $2,434,490.72, one electronic fund transfer in the amount
of $264.41, and three wire transfers in the amount of $784,523.93
D.P ayroll Voucher (T homas)
P ayroll check numbers 539528 through 539532 in the amount of $83,479.07,
electronic deposit transmissions in the amount of $2,672,916.87, for a grand total of
$2,756,395.94 for the period covering September 28, 2023 to October 11, 2023
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X I .UNF INIS HE D B US I NE S S
X I I .NE W B US I NE S S
X I I I .O RD INANC E S
A .Ordinance No. 6917 (F aber)
A n Ordinance relating to Metal Detecting in City P arks and adding S ection 2.22.240 to
the A uburn City Code
(RE C O M M E ND E D AC T I O N: M ove to approve Ordinance No. 6917.)
X I V.RE S O L UT IO NS
A .Resolution No. 5719 (B oesche)
A Resolution amending the City of A uburn Fee S chedule to A djust for 2024 Fees
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5719.)
B .Resolution No. 5734 (Tate)
A Resolution endorsing use of the 2024 Valley Regional F ire Authority Fee S chedule
as adopted by the V R FA Board of Governance
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5734.)
C.Resolution No. 5740 (Tate)
A Resolution authorizing the Mayor to execute an I nterlocal Agreement between the
Page 3 of 132
City of Auburn and the City of K ent in support of the Annexation of the Bridges
Community
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5740.)
D.Resolution No. 5742 (Gaub)
A Resolution authorizing the Mayor to accept and administer a Commute Trip
Reduction Formula Grant Award from the State Department of Transportation
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5738.)
X V.M AY O R AND C O UNC I L M E M B E R RE P O RT S
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 M ayor
X V I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 25 and October 9, 2023, Study
Session Meetings
Date:
October 9, 2023
Department:
City Council
Attachments:
September 25, 2023 Minutes
October 9, 2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 16, 2023 Item Number:CA.A
Page 5 of 132
City Council Study Session P W C D S FA
September 25, 2023 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Deputy Mayor J eyaraj called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet.
A .P UB L I C PA RT I C I PAT I O N
P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Kate B aldwin,
L arry B rown, Cheryl Rakes, and Yolonda Trout-Manuel. Councilmembers
B ob Baggett and Robyn Mulenga were excused.
Department directors and staff members present included: Acting City
A ttorney Harry B oesche, A ssistant Chief of P olice Samuel Betz, Director
of I nnovation and Technology David Travis, Director of Parks, Arts, and
Recreation Daryl F aber, Director of Human Resources & Risk
Management Candis Martinson, Director of Diversity, Equity, and I nclusion
B renda Goodson-Moore, Director of Public Works I ngrid Gaub, Assistant
Director of Public Works J acob Sweeting, S enior Project Engineer Matt
L arson, Project Engineer Nahom Kahsay, A rts Coordinator A llison Hyde,
B usiness S ystems Analyst Chrissy Malave, and Deputy City Clerk Hannah
S choll.
I I .A G E ND A MO D I F I C AT I O NS
There were no modifications to the agenda.
I I I .A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There were no announcements, reports, and presentations.
Page 1 of 3Page 6 of 132
I V.P UB L I C W O R K S A ND C O MMUNI T Y D E V E L O P ME NT D I S C US S I O N I T E MS
A .K ing County Metro RapidRide I -L ine Project Update (Gaub) (20 Minutes)
This portion of the meeting was Chaired by Councilmember B rown.
Director Gaub introduced J anine Robinson, L luvia E llison-Morales, and
A manda P leasant-B rown from King County Metro who provided Council
with an update on the K ing County Metro RapidRide I -L ine Project
including the purpose of the RapidRide, priority results from community
members, I -L ine routes and funding. They also discussed the project
timeline, community engagement, benefits of the I -L ine, station locations
and appearance, Right-of-Way A cquisitions, and the next steps of the
project.
Council discussed feeder routes to the I -L ine, Metro Flex, the project
website, signage at stations, locations, community engagement, costs to
riders, parking, and route times.
B .Comprehensive Transportation P lan Update - Policy Review (MML O S Standards)
(Gaub) (35 Minutes)
A ssistant Director S weeting provided Council with an overview of the
Comprehensive Transportation P lan Policy update including schedule
overview, goals, multimodal level of service standards, reasons for
implementation, vehicle level of service standards, intersection delays, and
intersection queuing. He discussed active transportation level of service
standards including biking and walking standard policies, types of bicycle
facilities, biking routes, and Engineering Design S tandards. He also
discussed transit level of service standards, transit types, routes, policies,
freight level of service standards, other policy updates, feedback, public
outreach, and the next steps.
Council discussed traffic studies, delays, biking and walking level of
service standards, environmental justice, and T he Comprehensive P lan.
C.Capital P rojects S tatus Report and F eature Capital P roject (Gaub) (15 Minutes)
E ngineers L arson and K ahsay provided Council with an overview of the
Capital P roject S tatus Report including the number of current projects, and
their statuses. They reviewed the following projects: MS2214 the 2023
C D B G Sidewalk I mprovements, C P 2234 Marchini Meadows Pond
Upgrades, C P2117 A S treet L oop, C P2129 Auburn Way S outh Southside
S idewalk I mprovements, C P2121 Riverwalk Drive Non-Motorized
I mprovements, and I Street Northeast.
They provided Council with an overview of the Featured Capital P roject,
C P2207 10T H S T NW / A S T NW I ntersection I mprovements including
location of project site, scope and purpose, existing condition, benefits,
project budget, and schedule.
Page 2 of 3Page 7 of 132
Council discussed materials, traffic delays, traffic studies, and project
C P2121.
D.P ublic Art Deaccession (Faber) (10 Minutes)
Director F aber introduced Coordinator Hyde who provided Council with an
overview of the P ublic Art Deaccession including the City's P olicy and
P rocedure to deaccess artwork, the two pieces to be deaccessed,
qualifications for deaccession, costs, and next steps.
Council thanked Allison and staff for their hard work.
V.A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 7:29 p.m.
A P P R O V E D this 2nd day of October 2023.
____________________________ ____________________________
J A ME S J E YA R A J , D E P UT Y MAYO R Hannah S choll, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 8 of 132
City Council Study Session Muni
Serv ices S FA
October 9, 2023 - 5:30 P M
City Hall Council Chambers
MINUT E S
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Meeting videos are not available until 72
hours after the meeting has concluded.
I .C A L L TO O R D E R
Deputy Mayor J eyaraj called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet.
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, Kate B aldwin,
L arry B rown, Robyn Mulenga, Cheryl Rakes, and Yolonda Trout-Manuel.
Councilmember B ob Baggett was excused.
Department directors and staff members present included: Acting City
A ttorney Harry B oesche, Chief of P olice Mark Caillier, Director of
I nnovation and Technology David Travis, Arts and Events Manager J ulie
K ruger, Assistant Director of Community Development J ason
K rum, Director of Human Resources & Risk Management Candis
Martinson, Director of Diversity, Equity, and I nclusion B renda Goodson-
Moore, Director of Administration Dana Hinman, Director of Public Works
I ngrid Gaub, Emergency Manager Karissa S mith, Utility Billing Services
Manager J oan Nelson, B usiness S ystems Analyst Chrissy Malave, and
City Clerk S hawn Campbell. Mayor Nancy Backus was excused.
I I I .A G E ND A MO D I F I C AT I O NS
A Racially, Equitable, Diverse, and I nclusive (R E D I ) Program Report was
added under Agenda I tems for Council Discussion.
I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
There were no announcements, reports, and presentations.
Page 1 of 3Page 9 of 132
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .R E D I P rogram Report
Councilmember B aldwin and Councilmember Brown provided Council with
a status report on the R E D I P rogram.
B .Ordinance No. 6920 (T homas) (30 Minutes)
A n Ordinance amending S ection 8.08.180 of the Auburn City Code relating to Solid
Waste Collection Charges
Manager Nelson provided Council with an overview of Ordinance No. 6920
including the background of the Rate Study, the S olid Waste F und, L itter
S ervice Crew funding, the Rate Study assumptions, 2021 contract
services enhancements, and the proposed rates for 2024.
Council discussed the bulky items pickup, the City's rate of garbage, the
rate increases, and options for reduced rates.
C.Resolution No. 5719 (B oesche) (10 Minutes)
A Resolution amending the City of A uburn Fee S chedule to adjust for 2024 F ees
Director Gaub and A ssistant Director K rum provided Council with an
overview of Resolution No. 5719 including the proposed fee changes.
Council discussed utility shut off fees.
D.Resolution No. 5734 (Tate) (5 Minutes)
A Resolution endorsing use of the 2024 Valley Regional F ire Authority Fee S chedule
as adopted by the V R FA Board of Governance
A ssistant Director K rum provided Council with an overview of Resolution
No. 5734 including the V R FA F ee Schedule.
V I .MUNI C I PA L S E RV I C E S D I S C US S I O N I T E MS
A .Ordinance No. 6917 (F aber) (5 Minutes)
A n Ordinance relating to Metal Detecting in City P arks and adding S ection 2.22.185 to
the A uburn City Code
This portion of the meeting was Chaired by Councilmember B rown.
Manager Krueger provided Council with an overview of Ordinance No.
6917 including the rules and policies around metal detectors in City parks.
B .Domestic Violence Update (Tate/Caillier/B oesche) (15 Minutes)
Director Tate, Chief Caillier, and Acting City Attorney Boesche provided
Council with an update on the City's efforts to combat domestic violence
(D V). T hey reviewed the L egal Departments role in prosecuting, types of
crimes considered D V, the prosecution personnel, the role of the D V
Page 2 of 3Page 10 of 132
P aralegal, recent changes to the law, charging statistics, number of police
calls of service, related arrests, resources provided by the P olice
Department and resources provided by Human S ervices that is funded by
the Community Development Department, and the number of A uburn
residents being served.
Council discussed additional reports to Council, a City staff advocate,
services provided to victims, services provided by non-profits, missing and
murdered indigenous people, and the number of cases that followed
through to prosecution now compared to when the City had an advocate.
Council requested an update on the Municipal Court at the next S tudy
S ession meeting.
C.E mergency Management Update (Hinman) (20 Minutes)
Director Hinman and Manager Smith provided Council with an Emergency
Management Update including the upcoming W inter Outlook, the in-person
Community Emergency Response Team (C E RT) Class graduation, 2023
achievements, upcoming projects, and the Certified E mergency
Management Plan (C E MP) Update.
Council discussed State and F ederal partnerships, emergency planning,
contacting people with language barriers, and risk management classes.
Council asked for an update on public engagement and attending a tour of
Orting's Quixote Veterans Village.
V I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 7:15 p.m.
A P P R O V E D this 16th day of October 2023.
____________________________ ____________________________
J A ME S J E YA R A J , D E P UT Y MAYO R Shawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 11 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the October 2, 2023, City Council Meeting
Date:
October 9, 2023
Department:
City Council
Attachments:
October 2, 2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:October 16, 2023 Item Number:CA.B
Page 12 of 132
City Council Meeting
October 2, 2023 - 7:00 P M
City Hall Council Chambers
MINUT E S
Watch the meeting L I V E !
Watch the meeting video
Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
The City Council Meeting was held in person and virtually.
I I .L AND AC K NO WL E D G M E NT
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet, and led those
in attendance in the Pledge of Allegiance.
I V.Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, L arry Brown,
K ate Baldwin, Robyn Mulenga, and Cheryl Rakes. Councilmember Bob
B aggett, and Yolonda Trout-Manuel were excused.
Department directors and staff members present included: Acting City
A ttorney Harry B oesche, Director of P ublic Works I ngrid Gaub, Chief of
P olice Mark Caillier, Outside Counsel B ob Sterbank, Domestic Violence
P aralegal Gloria Cody, Director of F inance J amie T homas, Director of
Diversity, E quity, and I nclusion Brenda Goodson-Moore, Director of
Human Resources and Risk Management Candis Martinson, Business
S ystems Analyst Chrissy Malave, and Deputy City Clerk Hannah S choll.
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .I ndigenous P eoples’ Day
Mayor Backus proclaimed October 9, 2023, as "I ndigenous P eoples’ Day"
in the City of Auburn.
Page 1 of 4Page 13 of 132
B .Domestic Violence Awareness Month
Mayor Backus proclaimed October 2023 as "Domestic Violence
Awareness Month" in the City of A uburn.
Gloria Cody, Domestic Violence Paralegal, accepted the proclamation and
thanked Mayor and Council for their support.
V I .AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Tracy Taylor L akeland Hills
Ms. Taylor expressed gratitude to the Parks Department and all
involved City staff for their hard work on the P ostmark Center for the
A rts building.
L inda Redman 2407 18T H S T S E
Ms. Redman expressed her concerns regarding national sovereignty,
censorship, and medical resources.
B .Correspondence
There was no correspondence for Council to review.
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
Councilmember B aldwin, Chair of the F inance Ad Hoc Committee,
reported she and Councilmember Baggett have reviewed the claims
and payroll vouchers described on the agenda this evening and
recommended their approval.
I X.C O NS E NT AG E ND A
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.
Page 2 of 4Page 14 of 132
A .Minutes of the S eptember 18, 2023, City Council Meeting
B .Claims Vouchers (Thomas)
Claims voucher list dated September 27, 2023 which includes voucher number 473533
through 473690, in the amount of $7,760,751.77, five electronic fund transfers in the
amount of $2,269.84, and four wire transfers in the amount of $914,289.49
C.P ayroll Voucher (T homas)
P ayroll check numbers 539525 through 539527 in the amount of $726,043.71,
electronic deposit transmissions in the amount of $2,523,912.87, for a grand total of
$3,249,956.58 for the period covering September 14, 2023 to S eptember 27, 2023
Deputy Mayor J eyaraj moved and Councilmember B rown seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I .NE W B US I NE S S
There was no new business.
X I I .RE S O L UT IO NS
A .Resolution No. 5738 (Gaub)
A Resolution authorizing the Mayor to execute an amendment to the loan agreement
between the City and the Community Aviation Revitalization B oard relating to P roject
No. C P 2201, Airport T-Hangar Upgrades
Councilmember B rown moved and Councilmember Rakes seconded to
adopt Resolution No. 5738.
Councilmember Mulenga abstained.
MO T I O N C A R R I E D UNA NI MO US LY. 4-0
B .Resolution No. 5739 (Faber)
A Resolution surplussing and deaccessing the artworks entitled "You Are Here -
Millennium S undial" and "Centennial Mural"
Councilmember B rown moved and Councilmember Rakes seconded to
adopt Resolution No. 5739.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
Page 3 of 4Page 15 of 132
C.Resolution No. 5741 (Thomas)
A Resolution authorizing the Mayor to execute an amendment to the agreement
between the City of Auburn and F oster Garvey P C for legal services to the City
Councilmember B aldwin moved and Deputy Mayor J eyaraj seconded to
postpone the Resolution for further review and discussion at a S tudy
S ession meeting.
Council discussed rates, the current contract timeline, services, budget,
and the interview process.
MO T I O N C A R R I E D UNA NI MO US LY. 3-2. Deputy Mayor J eyaraj and
Councilmember B aldwin voted no.
Councilmember B rown moved and Councilmember Mulenga seconded to
adopt Resolution No. 5741.
MO T I O N C A R R I E D UNA NI MO US LY. 3-2. Deputy Mayor J eyaraj and
Councilmember B aldwin voted no.
X I I I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
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
No reports from Council.
B .From the M ayor
No report from Mayor B ackus.
X I V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 7:39 p.m.
A P P R O V E D this 16th day of October, 2023.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R Hannah Scholl, Deputy City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 4Page 16 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
October 10, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated October 11, 2023 which includes voucher number 473691 through
473862, in the amount of $2,434,490.72, one electronic fund transfer in the amount of
$264.41, and three wire transfers in the amount of $784,523.93.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:October 16, 2023 Item Number:CA.C
Page 17 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
October 10, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 539528 through 539532 in the amount of $83,479.07, electronic
deposit transmissions in the amount of $2,672,916.87, for a grand total of $2,756,395.94 for
the period covering September 28, 2023 to October 11, 2023.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:October 16, 2023 Item Number:CA.D
Page 18 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6917 (Faber)
Date:
October 11, 2023
Department:
Parks/Art and Recreation
Attachments:
Ordinance 6917
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Move to approve Ordinance No. 6917.
Background for Motion:
Currently, the City does not have regulations pertaining to metal detecting in parks; this
Ordinance would formalize rules to make it legal within certain restrictions.
Background Summary:
City Council reviewed the proposed Ordinance at the October 9, 2023 Study Session and
recommended to move forward for approval.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Faber
Meeting Date:October 16, 2023 Item Number:ORD.A
Page 19 of 132
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Ordinance No. 6917
September 20, 2023
Page 1 of 3 Rev. 2018
ORDINANCE NO. 6917
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO METAL
DETECTING IN CITY PARKS AND ADDING SECTION
2.22.240 TO THE AUBURN CITY CODE
WHEREAS, Chapter 2.22 of the Auburn City Code contains the rules and
regulations for the several city parks; and
WHEREAS, the park rules prohibit the destruction of park property and vegetation,
but the current rules contain no regulation of the use of metal detectors in city parks; and
WHEREAS, each year the City receives numerous inquiries asking whether the
use of metal detectors is allowable on park property; and
WHEREAS, metal detecting is recognized as a legitimate recreation activity when
it is conducted in ways that do not damage the natural and cultural resources .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New Section Added to City Code. Chapter 2.22 of the Auburn City
Code is amended to add a new section, 2.22.185, Metal Detecting, to read as shown in
Exhibit A.
Section 2. Implementation. The Mayor is 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
Page 20 of 132
--------------------------------
Ordinance No. 6917
September 20, 2023
Page 2 of 3 Rev. 2018
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:
____________________________
Harry Boesche, Acting City Attorney
Published: ____________________
Page 21 of 132
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Ordinance No. 6917
September 20, 2023
Page 3 of 3 Rev. 2018
EXHIBIT A
2.22.185 Metal Detecting
A. Metal detecting is allowed in any park during the hours when the park is open as
long as the activity does not interfere with reserved or organized sports or activities, or
with the enjoyment of the park by other users. Metal detecting is not allowed on athletic
fields, municipal golf courses, in ornamental planting areas, or in critical areas or their
buffers as defined in Chapter 16.10 ACC. Metal detecting in camping areas is permitted
only in unoccupied campsites or in a campsite lawfully occupied by t he detector.
B. Persons operating metal detectors in parks must:
1. Not make a noticeable impact to park property. Metal must be removed
from the ground with minimal sod disturbance. Any holes dug are limited to six
inches maximum depth and must be immediately refilled and the surface
restored to its earlier condition. Holes in turf must be dug in a ‘U’ shape so that
one edge of turf remains connected. The turf flap will be flipped back over when
the hole is refilled.
2. Not destroy or disturb park facilities, signs, equipment, natural features, or
historical or archeological resources.
3. Not remove any items that appear to have historical or archaeological
significance, and report such a find to a Department of Parks and Recreation
employee.
4. Only use ice picks, screwdrivers, or probes under two inches in width, and
digging implements that do not exceed five inches in width and eight inches in
length.
5. Properly dispose of all found or recovered trash and litter.
6. Observe all federal, state, and local laws and regulations while metal
detecting.
C. This section does not apply to city employees who are engaged in the performance
of their duties. Exceptions for use of metal detectors in city parks may be allowed if
approved by the Director in writing, which written approval must be available during
performance of the metal detecting.
Page 22 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5719 (Boesche)
Date:
August 14, 2023
Department:
City Attorney
Attachments:
Res olution No. 5719
Proposed 2024 Fee Schedule
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5719.
Background for Motion:
In 2007, the City Council passed Ordinance No. 5707, which provided for the adoption of
a fee schedule. Every year, City staff reviews the fees charged by their respective
departments and recommend adjustments based on current costs, or inflation when
appropriate. Resolution No. 5719 would approve proposed adjustments and amend the City
of Auburn Fee Schedule for fees to be charged in 2024.
Background Summary:
Resolution No. 5719 proposes modifications to the City's Fee Schedule as part of its
annual review process. Each department has reviewed its fees, rates, and charges, to ensure
they are reflective of current costs, or inflation where appropriate.
Traffic Impact Fees have been increased based on the discussion with City Council at the May 22,
2023 Council Study Session and on the updated Transportation Improvement plan adopted by
Council in June of 2023.
System Development Charges have been increased in accordance with previous City Council
direction to use the Construction Cost Index for the previous year which is at 7.4% as of July
2023.
The Airport Advisory Board approved the proposed airport fees at their September 20, 2023, board
meeting, and recommends adoption by the City Council.
Rev iewed by Council Committees:
Councilmember:Jeyaraj Staff:Boesche
Meeting Date:October 16, 2023 Item Number:RES.A
Page 23 of 132
Page 24 of 132
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Resolution No. 5719
October 4, 2023
Page 1 of 2 Rev. 2020
RESOLUTION NO. 5719
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING THE CITY OF
AUBURN FEE SCHEDULE TO ADJUST FOR 2024 FEES
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 5707; and
WHEREAS, it is appropriate to review and amend the schedule for City fees to be
charged in 2024.
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.
Page 25 of 132
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Resolution No. 5719
October 4, 2023
Page 2 of 2 Rev. 2020
Section 3. This Resolution will take effect and be in full force on passage and
signatures, and on January 1, 2024.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
______________________________
Harry Boesche, Acting City Attorney
Page 26 of 132
CITY OF AUBURN FEE SCHEDULE
FEES FOR CITY PERMITS, LICENSES, PUBLICATIONS, AND ACTIONS
Effective January 1, 2024.
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, and Resolution No. 5719.)
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 Meeting Fee (beyond the specified number) $340350.00 per meeting
Additional Re-submittal Fee (applied after 3 city reviews of the
application)
$115123.00 per
re-submittal
Administrative Use Permits (covers 1 meeting with staff after
which additional meeting fees apply)
$1,9061,963.00
Appeal of Administrative Decisions issued under Chapter
1.25, Title 3, Title 5, Title 8, 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.
$1,3181,358.00
Preliminary Binding Site Plan2 (covers 2 meetings with staff
after which additional meeting fees apply)
$5,3165,475.00 +
$68.00/lot
Boundary Line Adjustment1:
Residential (Single Family & Multi-Family) $1,5781,625.00
Non-Residential (includes mixed use projects) $2,3662,437.00
Boundary Line Elimination1 $620639.00
Comprehensive Plan Map Amendments3 (covers 2 meetings
with staff after which additional meeting fees apply)
$7,9578,196.00 (includes
rezone application fee)
Comprehensive Plan Text Amendments3 (covers 2 meetings
with staff after which additional meeting fees apply)
$7,9578,196.00
Conditional Use Permits1, 6 (covers 2 meetings with staff after
which additional meeting fees apply):
Residential (Single Family & Multi-Family) $2,4862,561.00 + Hearing
Examiner expenses.
All Other (includes mixed use projects) $3,7263,838.00 + 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.
Page 27 of 132
Conditional Use Permits4 – Minor Adjustment (covers 1
meeting with staff after which additional meeting fees apply):
Residential (Single Family & Multi-Family) $1,3721,413.00
All Other (includes mixed use projects) $2,0592,121.00
Critical Areas Review:
Required on-site mitigation, monitoring & reporting5 $4,1774,302.00 + actual
costs for inspection and
report preparation by
contracted professional.
Critical Areas Determinations (Exemptions or Applicability) $340350.00
City review of environmental studies, plans or reports
(whether submitted with another city application or not and
includes one re-submittal)
$340350.00/study, plan or
report
Critical Areas Variance – administrative $340350.00
Critical Areas Variance – hearing examiner1, 6 $1,2791,317.00 + total
hourly charge for Hearing
Examiner + associated
expenses to be paid by
applicant prior to issuance
of final decision.
Current Use Taxation (covers 1 meeting with staff after which
additional meeting fees apply)
$1,0531,085.00
Development Agreement and Amendments $5,5245,690.00 +
$66.00/lot or dwelling unit
Architectural & Site Design Review and/or Major Modifications
to Already Issued Design Review Decisions (covers 1
meeting with staff after which additional meeting fees apply)
$2,5262,602.00
Architectural & Site Design Review Minor Modification
(applies to already issued design review decisions)
$365376.00
Eligible Facilities Request (EFR) Assoc. with modification of a
wirelessa wireless communication facility (WCF)
$134138.00
Environmental Review (covers 1 meeting with staff after
which additional meeting fees apply):
SEPA Checklist review1 (includes City issuance of DNS,
MDNS, or DS as appropriate; if a DS, this fee is in addition
to the review of the EIS)
$1,3881,430.00 +
$340350.00/required study
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 For monitoring required over multiple years, the total monitoring fee for the required monitoring period shall be paid
prior to final plat approval or issuance of Certificate of Occupancy or release of required financial security.
Page 28 of 132
Revised or Supplemental SEPA Checklist review1
(includes City issuance of Addendum, if appropriate)
$461475.00 + $340350.00
/required study
SEPA 3rd Party Review
Actual costs
Environmental Impact Statement $11,39511,737.00 + 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
(covers 2 meetings with staff after which additional meeting
fees apply and 1 re-submittal)
$2,9993,089.00 +
$58.00/lot
Final Plats – Short Plats (covers 1 meeting with staff after
which additional meeting fees apply and 1 re-submittal)
$1,4831,528.00 +
$28.00/lot
Flexible Development Alternatives Application Review (covers
1 meeting with staff after which additional meeting fees apply
and 1 re-submittal)
$2,5262,602.00
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 $409421.00
Floodplain Development Permit: Level Two – Habitat impact
Assessment
$1,1701,205.00
Floodplain Development Permit: Level Three – Habitat Impact
Assessment & Hydraulic Analysis (Hydraulic Analysis to be
Conducted by Outside Third PartyThird-Party Consultant)
$2,0472,108.00 + Third
Party Review Fees
Mitigation Plan Review Associated with a Floodplain
Development Permit
$1,1131,146.00
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
$359370.00
Floodplain Development Permit Exemption Letter $233240.00
Floodplain Elevation Certificate $115118.00
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.
Page 29 of 132
Landscape Plan Revision, including tree removal requests,
after initial implementation and after city acceptance of initial
maintenance period.
$132136.00
Landscape/zoning compliance re-inspection $123.00
Legal Lot Determinations:
Affidavit/application for “Innocent Purchasers.” $1,0421,073.00
Request/application for legal lot determination. $2,4182,491.00
Mining Permits (covers 3 meetings with staff after which
additional meeting fees apply)
$4,7704,913.00
Miscellaneous Administrative Decisions (i.e.i.e., sign area
deviation, written code interpretations, etc.)
$2,4422,515.00
Specific - Work Hour/Noise Exception $362373.00
Plat Alteration or Vacation6 (application covers 1 meeting with
staff after which additional fees apply)
$5,1885,344.00/request +
Hearing Examiner
expenses.
Plat Modification (application covers 1 meeting with staff after
which additional fees apply)
$1,9742,033.00/request
Preliminary Plats – Subdivisions1, 6 (application covers 3
meetings with staff after which additional fees apply)
$10,41210,724.00 +
$132.00/lot + Hearing
Examiner expenses.
Preliminary Plats – Short Plats1 (application covers 1 meeting
with staff after which additional fees apply)
$4,4964,631.00 +
$68.00/lot
Preliminary Site Plan Review (non-PUD) (application covers 1
meeting with staff after which additional fees apply)
$2,5262,602.00
Pre-application Meeting (application covers 1 meeting with
staff after which additional fees apply)
$340.350.00 – fee will be
applied towards any
related application made
within one year of the date
the pre-application
meeting was held
PUD – Major Adjustment7 (application covers 2 meetings with
staff after which additional fees apply)
$5,1445,298.00
Public Notice Boards:
2’ x 4’ public notice board $105108.00
4’ x 4’ public notice board $178183.00
Rezone – zoning map amendment (application covers 2
meetings with staff after which additional fees apply)
$4,1774,302.00
School Impact Fee Collection:8
Per Single Family Dwelling Unit $7173.00
Per Multi-Family Dwelling Unit $3536.00
SEPA – see Environmental Review
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.
8 The City collects an application fee to cover the reasonable cost of administration of the school impact fee program.
Page 30 of 132
Shoreline (application covers 1 meeting with staff after which
additional fees apply):
Shoreline Exemption Determination $284292.00
Shoreline Conditional Use Permit6 $3,7353,847.00 + Hearing
Examiner expenses.
Shoreline Substantial Development Permit6 $3,7353,847.00 + Hearing
Examiner expenses.
Shoreline Variance6 $3,7353,847.00 + Hearing
Examiner expenses.
Short Plat Modification (application covers 1 meeting with
staff after which additional fees apply)
$1,0441,975.00/requested
modification
Site Plan Approval – PUD, Residential7 (application covers 1
meeting with staff after which additional fees apply)
$2,5262,602.00 +
$68.00/lot or unit
Site Plan Approval - PUD, Non-residential7 (application covers
1 meeting with staff after which additional fees apply)
$2,6282,707.00 +
$68.00/lot or unit
Special Exception:1, 6
Single Family Residential; for a single lot request (to
Hearingto Hearing Examiner)
$340350.00 + Hearing
Examiner expenses
All Other Instances $1,2791,317.00 + Hearing
Examiner expenses
Special Home Occupation Permits $340350.00
Third Party Review of Reports $212218.00 + Actual
Costs of Consultant
Three-Party Outside Utility Extension Agreement - Site
Specific Review (application covers 1 meeting with staff after
which additional fees apply)
$1,3621,403.00 + plus the
City’s actual costs in
performing under the
terms of the agreement as
negotiated between the
parties
Type I Temporary Use Permit1 $240247.00
$63.00 per extension
request
Type II Temporary Use Permit1 $623642.00
$63.00 per extension
request
Variance:1
Administrative $2,6732,753.00
Single Family Residential for a single lot request (to
Hearing Examiner)
$339349.00+ Hearing
Examiner expenses
Page 31 of 132
All other instances (includes mixed use residential) (to
Hearing Examiner)
$4,0084,128.00 + Hearing
Examiner expenses
Water/Sewer Certificate1 (outside of city limits for other than
one single-family residence)
$409421.00
Zoning Certification Letter (per parcel):
Residential (Single Family & Multi-Family $7173.00
Non-Residential (includes mixed use development) $138142.00
Zoning Code Text Amendment (application covers 1 meeting
with staff after which additional fees apply)
$7,9578,196.00
2. BOOKS, MAPS, MATERIALS:9(pursuant to Resolution No. 3953)
Comprehensive Plan Cost of Production
Downtown Plan Cost of Production
Downtown Plan Appendices Cost of Production
Copies of Codes and Ordinances Cost of Production
Maps Cost of Production
3. 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, and Resolution No. 5681, and Resolution No. 5719.)
Land Clearing:
Application Fee (for up to 1 acre)
$409421.00
>1 to 5 acres
$409421.00 + $125.00/acre
Over 5 acres $1,0301,061.00 (includes first 5
acres) + $92.00/acre
Grading and Filling Fees:
Application Fee without FAC (for up to 500 cubic
yards):
Minor Grading Permit $1,7541,807.00
Single Family Residential for a single lot $2,6892,770.00
Non-Residential and Multi-Family $8,7729,035.00
Other (Early Clear and Grade Prior to, Utility,
etc.)
$7,0187,229.00
Application Fee with FAC (for up to 500 cubic
yards)
$1,1701,205.00
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 $920984.00 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 $115123.00 per hour will be charged and must be paid
prior to plan approval.
9 Prices for printed materials do not include any taxes.
Page 32 of 132
Additional grading plan review without FAC required by changes, additions or revisions
to plans during construction will require an additional fee of $460492.00 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
$115123.00 per hour will be charged and must be paid prior to plan approval.
4. 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, and Resolution No. 5681, and Resolution No. 5719.)
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 1st 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 1-A, below.10
b
10 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 33 of 132
Table 1-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
Other Inspections and Fees:
1. Inspections outside of normal business hours ................................................................................................................... $175183.00 per hour1
(minimum charge – two hours)
2. Reinspection fees assessed under provisions of Section 109.4.13 .................................................................................... $115123.00 per hour1
3. Inspections for which no fee is specifically indicated ...................................................................................................... $115123.00 per hour1
(minimum charge – one hour)
4. Additional plan review required by changes, additions or revisions to plans .................................................................. $115123.00 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 2-A,
below. For new single-family dwellings a flat rate permit fee of $226233.00 may be
charged in lieu of fees as prescribed in Table 2-A. For new multi-family dwellings, a flat
rate permit fee of $153158.00 may be charged in lieu of fees prescribed in Table 2-A.
Table 2-A MECHANICAL PERMIT FEES
Permit Issuance:
1. For the issuance of each mechanical permit
a. Residential Over the Counter** Application Fee ................................................................................................................ $3839.00
b. Commercial, Multifamily, Non-Residential Application Fee .......................................................................................... $152157.00
2. In addition to the base mechanical application fee, each mechanical fixture shall include a permit fee of ............................................... $13.00
Other Inspections and Fees*:
1. Inspections outside of normal business hours, per hour (minimum charge -- two hours) ................................................................ $175183.00
2. Reinspection fees assessed under provisions of Section 109.4.13 .................................................................................................... $115123.00
3. Inspections for which no fee is specifically indicated, per hour (minimum charge -- one hour) .................................................... $115123.00
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) ............................................................................................... $115123.00
* 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
$226233.00 may be charged in lieu of fees as prescribed in Table 3-A. For new multi-
Page 34 of 132
family dwellings, a flat rate permit fee of $153158.00 may be charged in lieu of fees
prescribed in Table 3-A.
Table 3-A PLUMBING PERMIT FEES
Permit Issuance:
1. For the issuance of each plumbing permit
a. Residential Over the Counter** Application Fee ................................................................................................................. $3839.00
b. Commercial, Multifamily, Non-Residential Application Fee .......................................................................................... $152157.00
2. In addition to the base plumbing application fee, each mechanical fixture shall include a permit fee of .............................................. $13.00
Other Inspections and Fees*:
1. Inspections outside of normal business hours ................................................................................................................................................. $
$175183.00
2. Reinspection fee ............................................................................................................................................................................. $115123.00
3. Inspections for which no fee is specifically indicated ................................................................................................................................... $
$115123.00
4. Additional plan review required by changes, additions or revisions to approved plans ................................................................. $115123.00
*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 $230 237 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 $162167.00.
Fire Permit Fee: For each fire permit fee a City of Auburn administration fee of
$115123.00 will be applied in addition to the fee collected for the Valley Regional Fire
Authority (VRFA) as identified in the VRFA Fee Schedule.
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 $115 123 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.
Page 35 of 132
Stock Plan Site Plan Review Fee: The plan review fee for individual lot site plan that have
an approved building stock plan shall be $232239.00.
Temporary Certificate of Occupancy Fees: There shall be a fee equal to $1,5300.00 for
issuance of a temporary certificate of occupancy and a fee of $5300.00 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 20100% 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 mislead 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 incomelow-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.
5. FIRE IMPACT FEES. Impact Fees By Land Use – Revenue Credit = 20% (Per
Ordinance No. 5977, Resolution 3953, and Resolution No. 4022)
Land Use Total Fire & EMS
Cost per Unit of
Development
Adjustment
(Revenue Credit)
at 20%
Fire and EMS
Impact Fee per
Unit of
Development
Residential – All calculations below are per dwelling unit – Total x Number of Units
Single Family, Duplex, Mobile
Home $362.66 $72.53 $290.13
Multi-Family $383.09 $76.62 $306.47
Non-Residential – All calculations below are per square foot - Total x Square Feet
Hotel/Motel $0.53 $0.11 $0.42
Hospital/Clinic $1.05 $0.21 $0.84
Group Living $2.63 $0.53 $2.10
Office $0.29 $0.06 $0.23
Retail $0.62 $0.12 $0.50
Restaurant/Bar/Lounge $1.62 $0.32 $1.30
Industrial/Manufacturing $0.11 $0.02 $0.09
Leisure/Outdoors $1.08 $0.22 $0.86
Agriculture $0.71 $0.14 $0.57
Page 36 of 132
Church $0.38 $0.08 $0.30
Schools/Colleges $1.07 $0.21 $0.86
Government/Public Buildings $1.81 $0.36 $0.86
Casino $3.78 $0.77 $3.01
Jails $21.99 $4.40 $17.59
6. 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 $370549.00
b. Relocation (pre-inspection) Per Table 1-A
c. Housing Inspection Actual City Cost, minimum
$2122.00
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.
7. BUSINESS LICENSE FEES
a. The annual fee for a General Business License as
defined in Chapter 5.10 of the Auburn City Code.
$103.00
b. Contractors who are based outside of Auburn but that
are performing work inside of Auburn.
$52.00
c. Replacement fee for commercial vehicle parking permit
issued in accordance with ACC 10.36.190.B
$10.00
8. RENTAL HOUSING BUSINESS LICENSE FEES (Per Resolution No. 4601, Ordinance No. 5882,
Resolution No. 4272, Resolution No. 4424, Ordinance 6477, Resolution No. 5620, and Resolution No. 5681):
a. The 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 $30/year for each home
Duplex, Triplex or Fourplex $75/year for each building
Condo or Apartment Complex (5 to 24 dwelling
units)
$150.00/year
Condo or Apartment Complex (25 or more dwelling
units)
$500.00/year
Communal residence $150.00/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).
Page 37 of 132
Rental housing business license renewals shall be for the period January 1 through December 31 of
each year.
9. INDIVIDUAL LICENSE REGULATIONS (Per Ordinance No. 6749, Resolution No. 5470, and Resolution
No. 5549, and Resolution No. 5620):
The fee licensing under ACC 5.20.030 shall be as follows:
Type Fee Term
Initial Renewal
Dance Hall and Operator $350.00 $350.00 1/1 – 12/31
Marijuana Related Businesses $500.00 $500.00 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.
10. Technology Fee: A 3% technology fee has been added to all fees outlined in sections
1, 3, 4, 6, and 7 above.
Page 38 of 132
B. ENGINEERING AND PUBLIC WORKS FEES
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, and Resolution No. 5681, and Resolution No. 5719.)
Land Use ITE
Land
Use
Code
Independent
Variable
Trip
Rate
Non-Downtown
Fee Rate
Downtown Fee
Rate
Industrial
General Light
Industrial
110 sf/gfa 0.65 $7.74$8.28 -
Industrial Park 130 sf/gfa 0.34 $4.05$4.33 -
Manufacturing 140 sf/gfa 0.74 $3.97$4.24 -
Warehousing 150 sf/gfa 0.18 $3.32$3.56 -
Mini-
Warehouse/Storage
151 sf/gfa 0.15 $1.64$1.76 -
Residential
Single-Family
Detached Housing
210 du 0.94 $6,575.616145.7
2
$5,326.254978.0
3
Single Family
Attached Housing
215 du 0.57 $3,987.343726.6
6
$3,229.753018.5
9
Accessory Dwelling
Unit
N/A du 0.49 $3,419.323195.7
8
$2,769.652588.5
8
Multi-Family – Low
Rise
220 du 0.51 $3,771.483524.9
2
$3,054.902855.1
8
Multi-Family Mid-Rise 231 du 0.39 $2,884.082695.5
2
$2,336.102183.3
7
Mobile Home Park 240 du 0.58 $3,245.843033.6
3
-
Senior Adult Housing
– Single Family
251 du 0.30 $1,678.881569.1
2
$1,359.891270.9
9
Senior Adult Housing
– Multi Family
252 du 0.25 $1,399.071307.6
0
$1,133.241059.1
6
Congregate Care
Facility
253 du 0.18 $1,007.33941.47 $815.94762.59
Assisted Living 254 bed 0.24 $1,343.101255.3
0
$1,087.911016.7
9
Continuing Care
Retirement
Community
255 du 0.19 $1,063.29993.78 $861.27804.96
Lodging
Hotel 310 room 0.59 $4,716.854408.4
8
$3,570.87$3,820.
65
Motel 320 room 0.36 $2,878.082689.9
2
-
Recreational
Health/Fitness Club 492 sf/gfa 3.45 $16.0314.98 $11.8611.09
Page 39 of 132
Land Use ITE
Land
Use
Code
Independent
Variable
Trip
Rate
Non-Downtown
Fee Rate
Downtown Fee
Rate
Recreational
Community Center
495 sf/gfa 2.50 $11.6210.86 $8.608.03
Institutional
Elementary School 520 student 0.14 $380.55355.67 $281.60263.19
Middle School/Jr.
High
522 student 0.15 $647.57605.23 $479.20447.87
High School 525 student 0.14 $828.25774.10 $612.90572.83
School District Office 528 sf/gfa 2.04 $18.7217.49 $12.7311.89
Junior/Community
College
540 student 0.11 $650.77608.22 $481.57450.08
Church 560 sf/gfa 0.49 $3.623.39 $2.682.51
Day Care Center 565 sf/gfa 11.12 $44.4541.55 $32.8930.74
Medical
Hospital 610 sf/gfa 0.86 $6.886.43 $5.575.21
Nursing Home 620 beds 0.14 $783.48732.26 $634.62593.13
Clinic 630 sf/gfa 3.69 $20.6519.30 $16.7315.63
Animal Hospital/Vet
Clinic
640 sf/gfa 3.53 $19.7618.46 $16.0014.96
Office
General Office
(>5,000sf)
710 sf/gfa 1.44 $13.2112.35 $8.988.40
Small Office
(<5,000sf)
712 sf/gfa 2.16 $19.8218.52 $13.4712.59
Medical Office –
Standalone
720 sf/gfa 3.93 $28.2826.43 $19.2317.97
Medical Office –
Hospital Campus
720 sf/gfa 2.84 $20.4419.10 $13.9012.99
Post Office 732 sf/gfa 11.21 $28.5726.70 $19.4318.16
Retail
Free Standing
Discount Superstore
813 sf/gla 4.33 $12.9012.06 $9.558.92
Free Standing
Discount Store
815 sf/gla 4.86 $16.9315.82 $12.5311.71
Hardware/Paint Store 816 sf/gla 2.98 $7.497.00 $5.545.18
Shopping Center
(>150k)
820 sf/gla 3.40 $9.428.80 $6.976.51
Shopping Plaza (40-
150k) - with
supermarket
821 sf/gla 9.03 $25.0223.38 $18.5117.30
Shopping Plaza (40-
150k) - without
supermarket
821 sf/gla 5.19 $14.3813.44 $10.649.94
Strip Retail Plaza
(<40k)
822 sf/gla 6.59 $18.2617.06 $13.5112.63
Page 40 of 132
Land Use ITE
Land
Use
Code
Independent
Variable
Trip
Rate
Non-Downtown
Fee Rate
Downtown Fee
Rate
Car Sales – New 840 sf/gla 2.42 $17.8016.64 $13.1712.31
Car Sales – Used 841 sf/gla 3.75 $27.5825.78 $20.4119.08
Automobile Parts
Sales
843 sf/gla 4.90 $9.498.87 $7.026.56
Tire Store 848 sf/gla 3.75 $11.8711.10 $8.798.21
Supermarket 850 sf/gla 8.95 $24.0422.47 $17.7916.63
Convenience Store 851 sf/gla 49.11 $62.5358.44 $46.2743.23
Home Improvement
Store
862 sf/gla 2.29 $5.585.21 $4.133.86
Drugstore w/o Drive-
Through
880 sf/gla 8.51 $13.5912.70 $10.069.40
Drugstore w/ Drive-
Through
881 sf/gla 10.25 $17.7616.60 $13.1412.28
Marijuana Dispensary 882 sf/gla 18.92 $139.16130.06 $102.9896.25
Services
Drive-in Bank 912 sf/gfa 21.01 $40.9438.27 $30.3028.32
Fast Casual
Restaurant
930 sf/gfa 12.55 $40.7538.08 $30.1528.18
Fine Dining
Restaurant
931 sf/gfa 7.80 $29.6827.74 $21.9720.53
High Turnover (Sit-
Down) Restaurant
932 sf/gfa 9.05 $23.7122.16 $17.5516.40
Fast Food Restaurant
w/o Drive-Through
933 sf/gfa 33.21 $67.7063.28 $50.1046.83
Fast Food Restaurant
w/ Drive-Through
934 sf/gfa 33.03 $66.0261.70 $48.8545.66
Coffee Shop w/o
Drive-Through
936 sf/gfa 32.29 $21.9420.51 $16.2415.18
Coffee Shop w/ Drive-
Through
937 sf/gfa 38.99 $26.5024.76 $19.6118.33
Coffee Shop w/
Drive-Through (No
Seating)
938 # Lanes 15.08 $10,247.569577.
61
$7,583.207087.4
3
Automobile Parts and
Service Center
943 sf/gfa 2.06 $6.345.93 $4.694.39
Service Station 944 vfp 13.91 $27,412.2325620
.11
$20,285.0518958
.88
Service Station w/
Market (2-4k)
945 vfp 18.42 $27,537.9525737
.60
$20,378.0819045
.83
Lakeland PUD (Per Ordinance No. 4867 as amended by Resolution No. 2955, Ordinance No. 6176, Resolution No.
5181, and Resolution No. 5388, Resolution No. 5549, Resolution No. 5681, and Resolution No. 5719.)
Detached Single-
Family Residential
Unit
N/A du n/a $1,609.49$1,722.
13
-
Page 41 of 132
Land Use ITE
Land
Use
Code
Independent
Variable
Trip
Rate
Non-Downtown
Fee Rate
Downtown Fee
Rate
Attached Single-
Family/Multi-Family
Unit
N/A du n/a $1,044.67$1,117.
78
-
Senior-Family Unit N/A du n/a $358.99$384.11 -
Commercial/Retail
Units
N/A sf/gfa n/a $4.18$4.47 -
Administrative Fee for Review of Independent Fee Calculation $460.00490.00
Notes:
A. Basic trip rates are based on the ITE Trip Generation Manual, 11th Edition.
B. Impact fee rate calculation is based upon the following methodology:
– Basic Trip Rate = PM Peak Hour Trip Generation (per unit of measure)
– Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip Fee/(divide
by) 1,000 for rate per square foot (where applicable) = Impact Fee Rate (per unit of measure)
C. For land uses not specifically identified here, trip generation rates could be derived from ITE
or a special study by the applicant.
D. sf/GFA= Square feet Gross Floor Area; sf/GLA= Square Feet Gross Leasable Area;
VFP=Vehicle Fueling Position.
E. Projects eligible for the Downtown Fee Rate are those located entirely within the Downtown
Urban Center boundary as identified in the Comprehensive Plan.
F. 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.
2. Truck-Dependent Land Use Supplementary Transportation Impact Fee Rate Schedule: (Per
Resolution No. 4122, Resolution No. 4424, Resolution No. 5181, Resolution No. 5319, Resolution No. 5388, Resolution No.
5470, Resolution No. 5549, Resolution No. 5620, Resolution No. 5681, and Resolution No. 5719.)
Land Use
ITE Land
Use Code
Independent
Variable
Truck
Trip Rate
Impact Fee Rate
(per sf)
Industrial
Light Industry/Manufacturing/
Warehousing
110, 130,
140, 150 sf/gfa 0.06 $0.13$0.14
Heavy Industry 120 sf/gfa 0.04 $0.09$0.09
Retail
Shopping Center 820, 821 sf/gla 0.01 $0.02$0.02
Car Sales 840, 841 sf/gfa 0.09 $0.15$0.16
Supermarket 850 sf/gfa 0.33 $0.71$0.76
Free-Standing Discount
Store/Superstore
813, 815 sf/gfa 0.10 $0.22$0.23
Home Improvement Store 862 sf/gfa 0.37 $0.80$0.86
Services
Restaurant 930, 931,
932 sf/gfa 0.63 $1.36$1.46
Fast Food Restaurant 933, 934 sf/gfa 2.87 $6.20$6.64
Notes:
A. ITE Land Use Code based on ITE Trip Generation, 10th Edition
Page 42 of 132
B. Impact fee rate calculation is based upon the following methodology:
- Truck Trip Rate = Daily Truck Trip Generation (per unit of measure)
- Truck Trip Rate x Per Trip Fee = Impact Fee Rate (per unit of measure)
C. For land uses not specifically identified in the table, trip generation rates could be derived
from a special study by the applicant.
D. sf /gfa=square feet of gross floor area
3. Facility Extension 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, and Resolution No. 5719)
Application Fee:
Base fee plus $1,803750.00 for each facility (water, sanitary sewer, storm drainage, street, private
street/fire lanes and private storm systems within private streets).
The base fee varies by project type as follows:
Residential $59780.00
Commercial* $2,99710.00
Multi-Family** $4,86170.00
Short Plat $65,000825.00
Plat $9,641360.00
* 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.
Review and Inspection Fee: Summation of the following categories (a+b+c).
a. For the combined linear footage of water, sanitary sewer, storm drainage and private storm
drainage within private streets, streets, and private street/fire lanes, $6.750 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 $12315.00 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.
Facility Extension Fees will be paid as follows:
a. Application fee (including base fee and per facility charge) due with application.
b. 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:
Page 43 of 132
Each additional plan review beyond a 3rd review, prior to plan approval, will require an
additional fee of $98420.00 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
$12315.00 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 $460492.00 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 $12315.00 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 $49260.00 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 $12315.00 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 $12315.00 per hour during normal business hours and $1875.00 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, and
Resolution No. 5719.)
Type A – Banner (Application Fee Only, No permit fee) $697.00
Type B – Short Term (Application Fee Only, No permit
fee)
$697.00
Type C – Long Term (Application Fee) $27685.00
Type C – Long Term – Surface Encroachment (Permit
Fee)
$1362.00 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)
$697.00 per year
Type D – Hauling (Application Fee) $1362.00
Type D – Hauling (Permit Fee) Estimated staff time for inspection and
oversight @ $116124.00 per hour during
normal business hours and $176188.00per
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)
$138142.00
Page 44 of 132
Additional Application Fee for permits that require a
parking plan, traffic control plan, and/or pedestrian
detour plan
$116120.00
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, and Resolution No. 5719.)
Application/Renewal/Amendment Application Fee
(ACC 13.36.040, ACC 20.06.120, ACC 20.06.130)
$6,4600.00 Nonrefundable Initial Fee +
plus the City’s actual costs incurred in
excess of $6,4600. 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 $3,3200.00
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, and Resolution No. 5719.)
Application Fee $1,935.001995.00
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)
$968997.00
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, and Resolution No. 5719.)
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.
Page 45 of 132
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 $531547.00 $5,0025,152.00 $3,3473,447.00 $8,895.009,553.00
¾ or less
with
Fireline(3)
$531547.00
$6,7756,978.00
$5,1205,274.00
$8,895.009,553.00
1 $590608.00 $5,0605,212.00 $3,4053,507.00 $8,895.009,553.00
1 with
Fireline(3)
$590608.00 $6,8337,038.00 $5,1775,332.00 $9,553.008,895.00
1-1/2 $1,4331,476.00 $8,6868,647.00 $7,0307,241.00 $29,618.0031,810.00
2 $1,4491,492.00 $8,7028,963.00 $7,0477,258.00 $47,406.0050,914.00
3 Actual Cost By Applicant By Applicant $94,900.00101,923.00
4 Actual Cost By Applicant By Applicant $148,264.00159,236.0
0
6 Actual Cost By Applicant By Applicant $296,444.00318,381.0
0
8 Actual Cost By Applicant By Applicant $474,330.00509,430.0
0
10 Actual Cost By Applicant By Applicant $681,918.00732,380.0
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) $249242.00 $3,300.003,544.00 per
RCE(5)
Grinder Pump (New
Connection)(4)
$331341.00 $3,300.003,544.00 per
RCE(5)
Tenant Improvement(4) $8385.00 $3,300.003,544.00 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.
(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.
Page 46 of 132
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, and Resolution No. 5719.)
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 $265273.00 $1,649.001,759.0
0 per Parcel Level 2 $519535.00
Level 3 (7) Base Fee = $11,84312,198.00 for up to 10,000 SF of disturbed
area
Cumulative Additional Fee #1 = Base Fee + $519535.00 for
10,001 SF up to 43,560 SF (1 Acre) of disturbed area
Cumulative Additional Fee #2 = Cumulative Additional Fee #1 +
$132136.00 per whole or partial Acre disturbed over 1 Acre
Other Parcels Level 1 $265273.00 $1,649.001,759.0
0 per ESU(8)
Level 2 $519535.00
Level 3 (7) Base Fee = $1,8431,898.00 for up to 10,000 SF of disturbed
area
Cumulative Additional Fee #1 = Base Fee + $519535.00 for
10,001 SF up to 43,560 SF (1 Acre) of disturbed area
Cumulative Additional Fee #2 = Cumulative Additional Fee #1 +
$132136.00 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.
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.
Page 47 of 132
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, wWhen 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,
and Resolution No. 5719.)
Fireline Connection Permit $177182.00
Hydrant Installation Permit and Inspection Fee $304313.00
Hydrant Use Monthly Rate (applies to Type A and B permits):
3-inch water meter monthly rate, plus
Actual usage at Commercial water rate
Per Current Utility
Rate Schedule
Hydrant Permit (Type A and Type B) Administration Fee $260268.00
Fire Hydrant Meter Wrench Fee (Type A Permit)(1) $6062.00
Hydrant Meter with RPBA, Valve, and Wrench (Type B Permit) – Refundable
Deposit(2)
$2,4863,000.00
Dedicated Hydrant Use and Hydrant Meter Penalties and Charges:
Failure to record “Start” read properly(2a) $286295.00
Failure to record “Finish” read properly(2a) $286295.00
Failure to submit monthly water consumption report to the city(2b) $1112.00
Nonpayment of bill within 10 calendar days of reminder notice(2b) $1112.00
Non-return of hydrant meter with RPBA assembly after request for
return(2b)
$1112.00
Using a hydrant without Trained Hydrant Operator Card on hand(2a) $5759.00
Using a hydrant without obtaining Trained Hydrant Operator Card(2a) $286295.00
Using a hydrant without Hydrant Permit documentation on hand(2a) $5759.00
Using a hydrant without obtaining Hydrant Permit (2a) $286295.00
Loaning out a hydrant meter with RPBA assembly to an unauthorized
party(2a
$286295.00
Using a tool other than the city-supplied hydrant wrench to operate a
hydrant(2a)
$5759.00
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(2b)
$1112.00
Disassembly or tampering of hydrant, hydrant meter assembly or hydrant
meter with RPBA assembly(2a)
$286295.00
Water Use Charge for Unreturned Hydrant Meter (if equipment not returned
for final reading)
$866892.00
Water Meter Test Fee, 2” or less $276284.00
Water Meter Test Fee, greater than 2” At Actual Cost
Water Meter Removal Fee (3/4” to 1”) – (service line remains) $386398.00
Water Meter Removal Fee (1-1/2” to 2”) – (service line remains) $773796.00
Water Meter Removal Fee (3” and larger) – (service line remains) At Actual Cost
Water Service Abandonment Permit (City abandons at main, removes meter
and box)
$3,7133,824.00
Water Meter Relocation Permit by City Same as Water
Service Installation
Permit Fee, see
7.a.
Page 48 of 132
Water Service Alteration/Repair Permit on Private Property (by Applicant) $109112.00
Backflow Permit for Premises Isolation (internal or external) $105108.00
Utility Fees with Demolition Permit
Water Meter Lockoff/Unlock Demo Fee (all sizes), per meter $8689.00
Fire Line Shutoff/Turn-on Demo Fee $8689.00
Fire line Abandonment Permit (at main or other City-approved location, by
Applicant, also may require Construction permit if in ROW)
$105108.00
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.
Backflow Assembly Abandonment Demo Fee, per assembly $8385.00
Side Sewer Cap Demo Fee (to cap side sewer before building demolition),
per sewer connection
$105108.00
Storm Inspection Demo Fee (to cap storm pipes before building demolition),
per parcel
$276284.00
Hydraulic Modeling (payment of estimated fees required in advance) At Actual Cost
King County Right-of-Way Permit At Actual Cost,
$10401,071.00
Deposit
Hourly Rate for Negotiation, Development, Administration, and Execution of
Special Agreements for Utility Service (Franchise Agreements, Service Area
Agreements)
$115118.00
Re-Locate Fee (if <45 days from initial locates) $254262.00
Side Sewer Repair Permit on Private Property $105108.00
Side Sewer Repair Permit in Right-of-Way(3) $199205.00
Side Sewer Cap Permit (not associated with demolition) $105108.00
Side Sewer Relocation/Replacement Permit $165170.00
Oil/Water Separator Permit $254262.00
Grease Interceptor Permit(3) $2541262.00
Storm Drainage Repair Permit – Existing Private System on Private Property $105108.00
Storm Drainage Repair Permit – Existing System in Public Right-of-
Way/Easement(3)
$199205.00
Storm Retrofit Permit – Non-Single Family on Private Property $292301.00
Utilities Payback Administration Fees:
Application Fee(4):
Base Fee (BF) $2,5322,608.00
Per Benefited Parcel (BP) $6769.00
Application Fee Calculation = BF + (BP x Number of Benefited
Parcels)
Payment Processing Fee (per parcel)(5) $122126.00
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
Convenience shut off $52.00
Delinquent shut off $52.00
Late charge 1% per month of
outstanding bill or
$16.00 minimum,
Page 49 of 132
whichever is
greater
Meter Damage/Tamper Repair Permit $536.00 plus
Meter Cost, if
applicable
Unauthorized turn on/off $104.00
Delinquent meter pull $208.00
Unauthorized fire line or water hook up $104.00 a day fine
from date of
discovery
Refusal of access per day $31.00
Closing/Final billing $16.00
New account setup $26.00
Bill tenant $26.00
After-hours water turn on/off $52.00
Escrow estimates $26.00
(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) Per calendar day.
(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.
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, and
Resolution No. 5719.)
Basic Fee (BF)
Basic fee covers permit intake, admin, limited review and inspection
time.
$1882.00
Daily Review and Inspection Rate (DIR)
Normal Business Days (weekdays)
Non-Business Days (includes weeknights, weekends, and holidays))
$500485.00
$74523.00
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
Page 50 of 132
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 Nneighborhood Ggrant 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, and Resolution No. 5719.)
Memorial Sign $192198.00
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, and Resolution No. 5719.)
Street Payback Administration Fees:
Application Fee(1):
Base Fee (BF) $2,608532.00
Per Benefited Parcel (BP) $697.00
Application Fee Calculation = BF + (BP x Number of Benefited
Parcels)
Payment Processing Fee (per parcel)(2) $1262.00
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.(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 90.94.0320.)
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, and
Resolution No. 5719.)
Application fee (includes recording): $100
Fee for sidewalk repair: $342.00 per Square Foot for sidewalk and residential driveway apron
(excluding curb/gutter and approach), and $16.00 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, and Resolution No. 5620.)
A 3% 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.
Page 51 of 132
Page 26
C. ANIMAL LICENSING FEES AND PENALTIES (Per Resolution No. 4868, Resolution No. 5701, and Resolution
No. 5719):
AVHS SERVICE FEES
ALTERED ANIMAL WITH CURRENT COA LICENSE
IMPOUNDS
(within 24-month period)
ALTERED ANIMAL ADDITIONAL FEES
(may also include vaccines fee if not current)
1st Impound $25 + $15 rabies + $16 additional vac/deworming
+ $10 Flea treatment + $20 daily board
2nd Impound $50 + Microchip + $10 Flea treatment + $20 daily board
3rd Impound $100 + $10 Flea treatment + $20 daily board
4th Impound $200 + $10 Flea treatment + $20 daily board
5th+ Impound $350 + $10 Flea treatment + $20 daily board
UNALTERED ANIMAL WITH CURRENT COA LICENSE
IMPOUNDS
(within 24-month period)
UNALTERED ANIMAL ADDITIONAL FEES
(may include vaccines fee if not current)
1st Impound $45 + $15 rabies + $16 additional vac/deworming
+ $10 Flea treatment + $20 daily board
2nd Impound $90 + Microchip + $10 Flea treatment + $20 daily board
3rd Impound $180 + S/N Surgery + $10 Flea treatment + $20 daily board
ALTERED ANIMAL WITHOUT CURRENT COA LICENSE
IMPOUNDS
(within 24-month period)
ALTERED ANIMAL ADDITIONAL FEES
(may also include vaccines fee if not current)
1st Impound $40 + $30 license + $15 rabies +$16 additional vac/ deworming
+ $10 Flea treatment + $20 daily board
2nd Impound $80 + Microchip + $10 Flea treatment + $20 daily board
3rd Impound $160 + $10 Flea treatment + $20 daily board
4th Impound $320 + $10 Flea treatment + $20 daily board
5th+ Impound $580 + $10 Flea treatment + $20 daily board
UNALTERED ANIMAL WITHOUT CURRENT COA LICENSE
IMPOUNDS
(within 24-month period)
UNALTERED ANIMAL ADDITIONAL FEES
(may also include vaccines fee if not current)
1st Impound $65 + $60 license + $15 rabies + $16 additional vac/ deworming
+ $10 Flea treatment + $20 daily board
2nd Impound $130 + Microchip + $10 Flea treatment + $20 daily board
3rd Impound $260 + S/N Surgery + $10 Flea treatment + $20 daily board
LICENSING TRAP RENTALS
Unaltered Dog/Cat $60 Trap Rental w/$75 deposit $5/day
Altered Dog/Cat $30
Senior Citizen Dog/Cat Altered $15
Disabled Citizen Dog/Cat Altered $15
Juvenile Dog/Cat Unaltered < 6 mo $15
Replacement Tag $5
Page 52 of 132
Page 27
AVHS MANDATED SERVICES FEES
MANDATED SERVICE FEE
Microchip $55
Cat Neuter $115
Cat Spay $115
Dog Neuter <24.9 lbs. $160
Dog Neuter 25 - 49.9 Ibs. $180
Dog Neuter 50 -74.5 Ibs. $195
Dog Neuter 75-99.9 Ibs. $220
Dog Neuter >100 lbs. $370
Dog Spay <24.9 lbs. $160
Dog Spay 25 - 49.9 Ibs. $180
Dog Spay 50 -74.5 lbs. $195
Dog Spay 75-99.9 lbs. $220
Dog Spay >100 lbs. $370
Feline Pregnant/Obese $55-$125
Canine Pregnant/Obese $65-$135
Cryptorchid Neuter $65-$135
Injectable Pain Medication $40
Take-Home Pain Medication $25
Elizabeth Collar $15
SURRENDER FEES FEE
Dog/Cat within Auburn City Limits $105
Dog/Cat Litter (2 or more) within Auburn City Limits $165
Dog/Cat outside Auburn $175
Dog/Cat Litter (2 or more) outside Auburn $225
Small Domestic Reptile (Bearded Dragon, Gecko, Terrestrial Turtle) $65
Small Exotic Bird $75
Small Rodent (Guinea Pig, Hamster, Rat, Rabbit) $75
Snake (Under 6ft) $95
Ferret, Chinchilla, Sugar Glider $95
Disposal <25 lbs. $35
Disposal <25-50 lbs. $45
Disposal >50 lbs. $65
Shelter Approved Owner Request Euthanasia Dog $95
Shelter Approved Owner Request Euthanasia Cat $85
ADOPTIONS FEE ADOPTIONS FEE
Puppy 2-9 months $350 Senior Dog 7+ years $95
Puppy 2-6 months $500 Kittens 2-9 months $225
Puppy 7-10 months $400 2 Kittens 2-9 months $350
Small Breed Dog 10mo-6yrs $325 Cat 10mo-6yrs $95
Medium Breed Dog 10mo-6yrs $250 Senior Cat 7+ years $25
Large Breed Dog 10mo-6yrs $175 Working Cat $0
Page 53 of 132
Page 28
D. AUBURN MUNICIPAL AIRPORT FEES (Per Ordinance No. 5707, amended by Ordinance No. 5715
and Ordinance No. 5819, and amended by Resolution No. 3784, Resolution 3797, Resolution No. 3841, Resolution
No. 3953, Resolution No. 4117, Resolution No. 4270, Resolution No. 4414, Resolution 4734, Resolution No. 4880,
Resolution No. 5016, Resolution No. 5114, Resolution No. 5181, Resolution No. 5213, Resolution No. 5255, Resolution
No. 5319, Resolution No. 5388, Resolution No. 5424, Resolution 5470, Resolution No. 5549, Resolution No. 5620,
Resolution No. 5681, and Resolution No. 5719.)
1. Lease Fees
Lease Type:
Open D-G $248.00 259.00
Open C $295.00 308.00
Closed J $446.00 466.00
Closed H $474.00 495.00
Closed Y & Z $551.00 576.00
Closed Y1 & Z22 $708.00 740.00
Outside Tiedowns $87.00
Storage Rows H-D $159.00 166.00
Storage Units (185 sq. ft. – Buildings Y&Z) $140.00 146.00
Storage Units (298 sq. ft. – Building Z) $171.00 179.00
Storage Units (380 sq. ft. – Buildings Y&Z)
Upon Completion of J & G Upgrades
$216.00 226.00
$495.00
A security surcharge of $10.00 per month is charged, in addition to the base monthly rental
fees provided in this section, for each tie-down, each hangar door and each storage rental
area, which security surcharge fees are to be used for the provision of increased security at
the Auburn Municipal Airport (approved by Ordinance No. 5500 on January 16, 2001). For
the purposes hereof, each tie-down consists of the structures/facilities necessary to
accommodate one (1) regular sized light aircraft. Furthermore, the hangar doors to which the
security surcharge applies includes all hangars located at the Auburn Municipal Airport,
including those hangars built on land owned by the City but leased to private parties, and
those hangars owned in a condominium type ownership.
The above lease and security surcharge amounts are subject to applicable leasehold taxes,
which shall be paid by the tenant. The total charges, including the above lease rates plus
lease hold tax and surcharge shall be reflected in monthly billing rates. Tenants shall be
given notice as required by Ordinance or lease agreements. The Airport Lease rates shall be
effective January 1, 20234.
Payments. Payments are due on the first of each month, past due as of the 5th and late as of
the 16th. Payments not received by the 15th incur a $25.00 late fee. Payments not received
after 30 days from the due date incur an additional $25.00 delinquency fee each month
payment is delinquent. Any instance where a check is tendered for payment and non-
sufficient funds exist to settle the transaction, a fee shall apply as set forth in the City of
Auburn Fee Schedule.
Automatic gate electronic cards. One automatic gate electronic card will be issued to
each City rental tenant free of charge. Any additional electronic cards requested by a tenant
are subject to a $25.00 fee. An additional $25.00 replacement fee will be assessed against
the tenant for all lost or damaged electronic cards. All electronic cards must be returned to the
airport at the time of lease expiration.
Page 54 of 132
Page 29
Each lease shall include an initial payment of first and last months’ rent plus a damage
deposit in the amount of two times the monthly base rate, with the exception of an Outside
Tie-Down Lease which shall include an initial payment of first months’ rent only. Each lease
agreement shall also include terms that authorize the City to apply the damage deposit to
outstanding charges on termination.
2. Daily Transient Parking (overnight)
Tie Down $5.00
Open “T” $25.00
Enclosed Hangar $35.00
3. Base Parking Fee – Designated Spaces
A base vehicle parking fee of $72.00 75.00 per month per designated space is
charged. There are designated spaces available on a first come basis for pilots to park or
store a vehicle for an extended period of time. All airport rules and regulations apply. A
monthly storage agreement must be completed and appropriate fees paid. The storage of
vehicles is for the convenience of the users of the Auburn Airport and is month-to-month.
4. Additional Airport Fees
Gate Cards (each lease gets one card at no charge.) $25.00
Monthly Aeronautical Business Fee $75.00
Initial Hangar Waitlist Fee
Annual Hangar Waitlist Fee
Resale Fuel Flowage Fee (Jet A Retailers)
Conference Room Rental Fee
Gate Remote
$50.00
$25.00/year
$0.05/gallon
$25.00/hour
$50.00
5. Waiver of Fees for Governmental Entities or Governmental Affiliated Entities
The Mayor is authorized to waive a portion or all of any (otherwise) required fees for hangar
space rental - if space is available - for governmental entities or government affiliated entities
that provide community service(s) and public benefit(s) to residents, citizens and businesses
of Auburn.
Page 55 of 132
Page 30
E. POLICE DEPARTMENT FEES (Per Ordinance No. 5715 amended by Ordinance No. 6216, 5819,
Resolution No. 3797, Resolution No. 3953, Resolution No. 4117, Resolution No. 4272, Resolution No. 4424, Ordinance
6216, Ordinance 6276, Resolution No. 4552, Resolution No. 5016, Resolution No. 5114, Resolution No. 5255,
Ordinance No. 6216, Ordinance No. 6252, Ordinance No. 6345, Ordinance No. 6607, Resolution No. 5470, Resolution
No. 5549, and Resolution No. 5719.)
Type Fees
Police Report/Collision Report (fee not charged where
requested by victim or party involved)
$13.25
Visa Letter
$10.00
Fingerprinting Fees (fee not charged where taking of
fingerprints is required by city)
as set by the FBI
Laminated Concealed Pistol License
$5.00
Annual Alarm Registration Fees:
Residential
Commercial
Residential Low Income Senior Citizen/Disabled
Citizen
Late Registration Fee
$24.00
$24.00
$12.00
$25.00
Auburn Security Alarm License
Late License Fee
Reinstatement Fee
$10.00/each registered alarm
user to a maximum of $100.00
annually
$25.00
$100.00 plus $10.00/permitted
user
False Alarm Service Fees
Burglar False Alarm Service Fee*
Robbery, Panic and Burglary Crime in Progress False
Alarm Fee*
Supplemental Fee for Non-permitted Alarm System,
each alarm
Fee for false alarm caused by Monitoring Company or
Alarm Installation Company employee
First Dispatch Report during time of suspension
Each dispatch thereafter
Late Fee
Appeals
*The alarm administrator will waive the first false alarm
fee following the installation of an alarm system at a
particular address.
$100.00
$200.00
$200.00
$100.00
$100.00
$25.00
$25.00
$25.00
Page 56 of 132
Page 31
Traffic School Fee
$125.0011
Animal Impound Fees
Fee to recover from impound all animals not permitted to
be sheltered by Auburn Valley Humane Society:
Rabbits and Poultry
Goats and Sheep
Pot-Bellied pigs and Cattle
Horses, mini-Equine, Donkeys, and Mules
Stallions
All fees related to transport, house, and care of
impounded animal
$25/per day held
$30/per day held
$35/per day held
$40/per day held
$50/per day held
TBD
11 A 3% transaction fee will be applied if paid by credit card.
Page 57 of 132
Page 32
F. CITY CLERK FEES (Per Ordinance No. 5715, Ordinance No. 5819, Resolution No. 3797, Resolution No.
4244, Resolution No. 5016, Resolution No. 5114, Resolution No. 5312, Resolution No. 5549, Resolution No. 5620,
and Resolution No. 5681, and Resolution No. 5719.)
Type Fees
Fees for public records – collection
Non-certified photocopies of public records, printed
copies of electronic public records when requested by
the person requesting records. The maximum size for
photocopies is 11x17.
$0.15 per page plus postage
Certified copies of public records. The maximum size
for photocopies is 11x17.
$5.00 per document, plus
$0.15 per page, plus postage
Non-certified copies of documents larger than 11x17. Actual cost charged by third
party vendor.
Scanned public records into an electronic format. $0.10 per page
Electronic files or attachments uploaded to email, cloud-
based storage service or other means of electronic
delivery.
$0.05 per each 4 electronic
files
Transmission of public records in an electronic format. $0.10 per gigabyte
Digital Storage Media or Device; Container or Envelope
Used to Mail Copies to Requestor, and Postage.
Actual Cost
Customized service charge for requests requiring the use
of information technology expertise per RCW
42.56.120(3).
Varies by request
Police body camera video redactions (redacting, altering,
distorting, pixelating, suppressing, or otherwise
obscuring) per RCW 42.56.240(14).
$51.60 per hour
Police Report/Collision Report (fee not charged where
requested by victim or party involved)
$13.25
Page 58 of 132
Page 33
G. CITY CEMETERY FEES (Per Ordinance 5715, Resolution No. 3797, Resolution No. 3953, Resolution No.
4027, Resolution No. 4103, Resolution No. 4117, Resolution No. 4272 Resolution No. 4424, Resolution No. 4552,
Resolution No. 4675, Resolution 4778, Resolution No. 4880, Resolution 5114, Resolution No. 5134, Resolution
No. 5181, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, Resolution No.
5470, Resolution No. 5549, Resolution No. 5620, Resolution No. 5681, and Resolution No. 5719.)
Type Fees
Graves
Section 9A and 9B 3,295.00$3,395.00
All other adult graves 2,795.00$2,895.00
Child’s Place $400.00$425.00
Double Depth (includes 2 burial spaces / 2 liners) 6,390.00$6,590.00
Section 9A and 9B (Quads and Upright monument plots) $7,995.00 each
Plaza Estates (Upright Plots) $9,995.00 each
Ground Cremation Plots
Centennial Um Garden (single) $1,095.001,195.00
Centennial Um Garden (double) $1,995.00$2,195.00
Section 9 Upright Section Um Plots (up to 2 urns) $3,295.00
Niches
Mausoleum (top rows available only) – single Sold Out
Centennial Columbarium II (1 or 2 urns) – Row 2 $2,495.00$2,595.00
Centennial Columbarium II (1 or 2 urns) – Row 1 $2,295.00$2,395.00
Chapel of Memories – Interior Niches* Range From
12 x 12 Single $3,095.00 - $4,195.00
12 x 18 Double $3,895.00 - $6,795.00
12 x 24 Family (up to 3 urns) $7,195.00 - $9,195.00
*The above niche prices include one bud vase per niche. Inurnment
will be $695.00 $795.00 per occasion. See guidelines for additional
pertinent information. A single inscription on the glass front is $300
$350.00 plus tax. Urn’s to be purchased separately.
Chapel of Memories – Exterior Niches*
Rows 4, 5, & 6 $2,895.00$2,995.00
Rows 2 & 3 $2,595.00$2,695.00
Rows 1, 7, & 8 $2,295.00$2,395.00
*If the niche (external) is to be used as a double niche, the inurnment,
inscription and tax will be due when a second urn is placed. (Row 1 is
the bottom row)
OVERTIME WILL BE CHARGED AT $175.00 PER HOUR AFTER 4:30 P.M., MONDAY THROUGH
FRIDAY. THE SATURDAY SERVICE CHARGE IS $850.00 FOR FULL INTERMENT AND $475.00 FOR
CREMATION SERVICES.
Extended Land Use $595.00
Memorial Plaque - $175 additional for inscription + tax $295.00$495.00
Services
“Chapel of Memories” rental for services $350.00
Opening and Closing – Ground Burials
Page 59 of 132
Page 34
Liner/Vault $1,495.00$1,595.00
Children’s Place $495.00
Opening and Closing – Cremation
Cremation Plot $795.00$895.00
Niche $695.00$795.00
Opening and Closing – Entombment $1,495.00
Marker Services
Flat Grass:
Inscription $390.00 $350 + tax
Setting Fee $395.00 $295.00 + tax
Resetting Fee $225.00 $150.00 + tax
New Inspection Fee for outside sales $450.00
Niche Shutters
Granite Inscription $495.00 + tax
Glass Inscription $350.00 + tax
Upright
Setting Fee $525.00 $475.00 + tax
Inscription $495.00 $450.00 + tax
Resetting Fee $350.00$325.00 + tax
Vase Setting Fee $55.00 + tax
Recording Fee $100.00
Overtime Charge – per hour $175.00
Saturday Service Fee
Full Interment $850.00
Cremation $475.00
Materials
Flower Vases: (prices include vase setting fee)
Standard Galvanized $200.00 + tax
Deluxe Cast Zinc (gray or bronze zinc) $275.00$325.00
Deluxe Wall (brass) $275.00$325.00
Liners: Concrete Liner $895.00 $795.00+ tax
Mountain View Vault $1,895.00$1,995.00+
tax
Vault Installation $995.00 + tax
Liner Installation $550.00 + tax
Double Depth $1,100.00$1,795.00 +
tax
Urn Encasement $450.00 $400.00 + tax
Forestwalk Informal Cremation Garden
Phase I: Single 3’ Single Ground Plot $1,795.00$1,995.00
Phase I: Double 4’ Plots $2,595.00$2,795.00
Phase II: Double 4’ Double Ground Plot $2,595.00 $2,795.00 -
$3,995.00
ForestWalk Ossuary Scattering $600.00
Granite Memorials Start At $695.00 $595.00 + tax
Page 60 of 132
Page 35 H. PARKS, ARTS AND RECREATION (Per Resolution No. 3797 and amended by Resolution No. 3953, Resolution No. 4117, Resolution No. 4272, Resolution No. 4424, Ordinance No. 6276, Resolution No. 4552, Resolution No. 4880, Resolution No. 5016, Resolution No. 5181, Resolution No. 5228, Resolution No. 5255, Resolution No. 5319, Resolution No. 5388, Resolution No. 5470, and Resolution No. 5549, Resolution No. 5620, Resolution No. 5681, and Resolution No. 5719.) LES GOVE MULTI-PURPOSE BUILDING Resident Non-Resident Monday – Sunday $25.00/hour $30.00/hour LES GOVE GYMNASIUM Resident Non-Resident Auburn Non-Profit Other Non-Profit Gymnasium (athletics practice, birthday parties, etc.) $50.00/hour $60.00/hour $40.00/hour $50.00/hour Gymnasium (tournaments, trade shows, fairs, etc.) $80.00/hour $95.00/hour $65.00/hour $80.00/hour Damage Deposit $300.00 $300.00 $300.00 $300.00 Optional Cleaning Fee $275.00 $275.00 $275.00 $275.00 SENIOR ACTIVITY CENTER Resident Non-Resident Auburn Non-Profit Other Non-Profit Millennium Room (includes basic kitchen use) Available Friday evenings, Saturday and Sunday. $90.00/hour $110.00/hour $65.00/hour $85.00/hour Full Facility Rental Package Friday night & Saturday: 4 hours Friday and up to 12 hours of use on Saturday $1,350.00 $1,650.00 $1,000.00 $1,300.00 Full Facility Rental Package Full Day Saturday or Full Day Sunday: up to 12 hours of use on either day $1,100.00 $1,400.00 $850.00 $1,100.00 1/3 Millennium Room $50.00/hour $60.00/hour $40.00/hour $50.00/hour Lions Room Monday – Friday $40.00/hour $50.00/hour $30.00/hour $40.00/hour Damage & Cleaning Deposit (for Full Facility $300.00 $300.00 $300.00 $300.00 Page 61 of 132
Page 36 and Millennium room rentals) without alcohol Damage & Cleaning Deposit (for Full Facility and Millennium room rentals) with alcohol ($1,000,000.00 excess liability insurance required) $500.00 $500.00 $500.00 $500.00 Optional cleaning fee (fee required with use of alcohol in facility) $275.00 $275.00 $275.00 $275.00 Kitchen with room rental. $30.00 (1-4 hours) $90.00 (5-12 hours) $30.00 (1-4 hours) $90.00 (5-12 hours) $30.00 (1-4 hours) $90.00 (5-12 hours) $30.00 (1-4 hours) $90.00 (5-12 hours) Kitchen – Private and Commercial Use $25.00/hour $30.00/hour $25.00/hour $30.00/hour AUBURN COMMUNITY & EVENT CENTER Resident Non-Resident Auburn Non-Profit Other Non-Profit Full Community Room $130.00/hour $160.00/hour $100.00/hour $130.00/hour 2/3 Rooms of Full Community Room $100.00/hour $130.00/hour $80.00/hour $100.00/hour 1/3 Room of Full Community Room $65.00/hour $85.00/hour $50.00/hour $70.00/hour Full Community Room (up to 12 hours) $1,350.00 $1,650.00 $1,000.00 $1,300.00 Classroom $20.00/hour $25.00/hour $15.00/hour $20.00/hour Kitchen with room rental. $30.00 (1-4 hours) $90.00 (5-12 hours) $30.00 (1-4 hours) $90.00 (5-12 hours) $30.00 (1-4 hours) $90.00 (5-12 hours) $30.00 (1-4 hours) $90.00 (5-12 hours) Kitchen – Private and Commercial Use $25.00/hour $30/hour $25.00/hour $30.00/hour Damage & Cleaning Deposit for Full Facility without alcohol $300.00 $300.00 $300.00 $300.00 Damage & Cleaning Deposit for Full Facility with alcohol ($1,000,000.00 excess liability insurance required) $500.00 $500.00 $500.00 $500.00 Optional cleaning fee (fee required with use of alcohol in facility) $275.00 $275.00 $275.00 $275.00 THE REC Resident Non-Resident Auburn Non-Profit Other Non-Profit Full Facility (Includes Rec Room & Lobby) $100.00/hour $130.00/ hour $80.00/ hour $100.00/ hour Rec Room $60.00/hour $75.00/hour $45.00/hour $60.00/hour Page 62 of 132
Page 37 Damage & Cleaning Deposit for Full Facility without alcohol $300.00 $300.00 $300.00 POSTMARK CENTER FOR THE ARTS Resident Non-Resident Auburn Non-Profit Other Non-Profit Full Facility (12 months in advance) $1050.00 full day $1300.00 full day $800.00 full day $1050.00 full day Gallery Space (3 hour minimum, 6 Month in advance) $100.00 per hour $125.00 per hour $75.00 per hour $100.00 per hour Classroom (3 hour minimum) $20.00 per hour $25.00 per hour $15.00 per hour $20.00 per hour Cafe 1-4 hours $30.00 $30.00 $30.00 $30.00 Cafe 5+ hours $90.00 $90.00 $90.00 $90.00 Staffing for Classroom (3 hour minimum) $25.00 per hour $25.00 per hour $25.00 per hour $25.00 per hour Damage & Cleaning Deposit for Full Facility without alcohol $300.00 $300.00 $300.00 $300.00 Damage & Cleaning Deposit for Full Facility with alcohol ($1,000,000.00 excess liability insurance required) $500.00 $500.00 $500.00 $500.00 Optional cleaning fee (fee required with use of alcohol in facility) $275.00 $275.00 $275.00 $275.00 Page 63 of 132
Page 38
WILLIAM C. WARREN BUILDING Resident Non-Resident
$45.00/hour $55.00/hour
WHITE RIVER VALLEY MUSEUM Resident Non-Resident
Muckleshoot Room (2 hour minimum) $40.00/hour $40.00/hour
Full Museum (2 hour minimum) $125.00/hour $125.00/hour
Garage (2 hour minimum) $50.00/hour $50.00/hour
BACKYARD IDEA GARDEN $60.00/Half Day $75.00/Half Day
$100.00/Full Day $125.00/Full Day
GRASS FIELDS Resident Non-Resident
Youth $8.00/hour $11.00/hour
Adult $16.00/hour $21.00/hour
Field Lights $20.00/hour $20.00/hour
Field Maintenance $30.00 per field $30.00 per field
BASEBALL/SOFTBALL/ FASTPITCH TOURNAMENTS 1 Day 2 Day
Youth $800.00 $1,100.00
Adult $1,000.00 $1,400.00
Field Lights $20.00/hour $20.00/hour
Damage Deposit $250.00 per
tournament
SYNTHETIC TURF FIELDS Resident Non-Resident
Youth Soccer $31.00/hour $41.00/hour
Adult Soccer $41.00/hour $51.00/hour
Field Lights $20.00/hour $20.00/hour
Youth Baseball $41.00/hour $51.00/hour
Adult Baseball $51.00/hour $66.00/hour
GAME FARM WILDERNESS PARK CAMPGROUNDS Resident Non-Resident
$40.00/night $40.00/night
GAME FARM WILDERNESS PARK DAY CAMP Resident/
Non-Resident
Non-Profit
$75.00/day $50.00/day
PICNIC SHELTERS Resident Non-Resident
GAME FARM PARK Half Day* Full Day* Half Day* Full Day*
Single quadrant (max: 25)
Monday – Friday $30.00 $50.00 $40.00 $65.00
Saturday - Sunday N/A N/A N/A N/A
Full day
Mon-Sun (Full Shelter) 1-99 $120.00 $200.00 $150.00 $250.00
Mon-Sun (Full Shelter) 100-199 $180.00 $300.00 $225.00 $375.00
Page 64 of 132
Page 39
Mon-Sun (Full Shelter) 200+ (must also rent
amphitheater)
N/A $375.00 N/A $475.00
Amphitheater $75.00 $125.00 $100.00 $175.00
ISAAC EVANS PARK $60.00 $100.00 $75.00 $125.00
LEA HILL PARK $60.00 $100.00 $75.00 $125.00
ROEGNER PARK $60.00 $100.00 $75.00 $125.00
GAME FARM WILDERNESS PARK $60.00 $100.00 $75.00 $125.00
LES GOVE PARK $60.00 $100.00 $75.00 $125.00
SUNSET PARK
Mon-Sun Single Quadrant (max: 25) $30.00 $50.00 $40.00 $65.00
Mon-Sun (Full Shelter) 1-99 $120.00 $200.00 $150.00 $250.00
Mon-Sun (Full Shelter) 100-199 $180.00 $300.00 $225.00 $375.00
Mon-Sun (Full Shelter) 200+ NA $375.00 NA $475.00
PLAZA PARK * Resident Group Non-Resident Group
Hourly rate $60.00 $75.00
Full day rate $360.00 $450.00
* Additional hourly fees may be applied based on event/staffing needs
AUBURN AVE THEATER
Resident Non-Resident
Weekdays Mon-Thur $200.00 $245.00
Weekend Days (Fri., Sat., and Sun.) $300.00 $370.00
Rate Schedule considers one day to be an 8 hour block of time.
Damage deposit. The terms and conditions for full
or partial refund of deposit apply to approval of
Check-Out List, including theater, equipment plot
restoration.
$500.00 $500.00
Hourly commercial rate for meetings
2 hour min. for “4-wal” only of lobby, auditorium,
and stage
$45.00/hour $55.00/hour
Equipment not included: Use of any theatrical
equipment additional charge
$100.00/hour $100.00/hour
$1,000,000 excess liability insurance required Upon request Upon request
Custodial Fee $145.00 $145.00
Sound & Light Technician $30.00/hour $30.00/hour
Stage Hand $20.00/hour $20.00/hour
Theater House Manager $30.00/hour $30.00/hour
Rental Rate Schedule for Commercial Filming
Resident
Non-Resident
Page 65 of 132
Page 40
Permit Fee $50.00
Still Photography/Training and Industrial Films, etc $50.00 per 1/2 day $100.00 per day
Broadcast, Film, TV, Commercial, etc. $75.00 per 1/2 day $150.00 per day
Electricity/Water Access, Park Maintenance Staff,
Vehicle Access
Hourly staff cost
Damage Deposit $100.00
Impact Fees:
Park Impact Fees $3,500.00 per residential dwelling unit
Page 66 of 132
Page 41
I. MULTIMEDIA DUPLICATION (Per Resolution No. 3953 and Resolution No. 4552.)
Product Cost
DVD Copy $10.00 per disk
CD Copy $5.00 per disk
Page 67 of 132
Page 42
J. INFORMATION SERVICES AND GIS12 (Per Resolution No. 4272, Ordinance 6276, Resolution No.
4552, and Resolution No. 4593)
Much of the City’s geographic data is available for sale per the prices below plus Washington
State sales tax. A signed public records request form is required. Most public records requests
can be completed within seven to ten business days and will be delivered in ESRI Shapefile
format without Metadata.
Product Cost
Maps
Existing Map
Custom Maps (any non-existing map)
$5.00 + tax
$50.00 per hour13 + tax
Data
Digital Data Requests
$50.00 per hour14 + tax
Miscellaneous
CD-Rom
All other requests for data or information not specifically
listed
$5.00 + tax
$50.00 per hour + tax
12 Hourly charge to complete any of the below (one hour minimum charge).
13 Hourly charge includes the cost of processing and providing custom map requests.
14 Hourly charge includes the cost of processing and providing digital data requests.
Page 68 of 132
Page 43
K. PROPERTY MANAGEMENT FEES (per Resolution No. 5388, Resolution No. 5424, Resolution No.
5470, Resolution No. 5549, Resolution No. 5620, and Resolution No. 5719.)
COMMERCIAL PARKING LOT FEES
LOT NON-PROFIT ORGANIZATION
(must submit IRS status with
application)
OTHER ORGANIZATION
*$275 minimum flat fee + additional per space / daily fee
Lot 1 – Kiss & Ride
(21 stalls)
$0 / per space / per day $2.75 / per space / per day
Lot 2 – 11 A St NW
(47 stalls)
$0 / per space / per day $2.75 / per space / per day
Lot 43 – B St
(60 stalls)
$0 / per space / per day $1.75 / per space / per day
Lot 54 – Safeway
(122 stalls)
$0 / per space / per day $1.75 / per space / per day
Lot 65 – D St
(20 stalls)
$0 / per space / per day $1.25 / per space / per day
Facilities Lease Application Review Fees (excluding applications
for City of Auburn owned or leased property that the City solicits for
lease or sublease)
$500.00
Sublease/Assignment of Lease $2,500.00
Small Cell Lease/Sublease Application Review Fee $1,500.00 or max
permissible by law,
whichever is less.
Page 69 of 132
Page 44
L. RETURNED CHECK PAYMENT FEE
Any instance where a payment is made and non-sufficient funds or other circumstances exist to
settle the transaction, a $35.00 fee shall apply.
Page 70 of 132
Page 45
M. UTILITY ACCOUNT FEES (per Resolution No. 5719.)
Convenience shut off $50.00
Delinquent shut off $50.00
Late charge 1% per month of outstanding bill or
$15.00 minimum, whichever is
greater
Unauthorized turn on/off $100.00
Delinquent meter pull $200.00
Closing/Final billing $15.00
New account setup $25.00
Bill tenant $25.00
After-hours water turn on/off $50.00
Escrow estimates $25.00
Lien Filing Fee $90.00
Meter Damage/Tamper Repair Permit $536.00 plus Meter Cost, if
applicable
Unauthorized fire line or water hook up $104.00 a day fine from date of
discovery
Refusal of access per day $31.00
Page 71 of 132
Page 46
N. WAIVER OF FEES (Per Resolution No. 5181).
1. The Mayor is authorized to waive any fees for permits, licenses, publications and
actions as authorized by Sections 2.03.030, 5.10.030 and 12.60.020 of the City Code.
2. The Mayor is also authorized to reduce, and is vested with to discretion to reduce
in compelling cases, by up to 50% any fees for permits, publications and actions where the
applicant – the party responsible for payment of such fees – is an organization exempt from
taxation under 26 US 501(c)(3), and where the permit(s), publication(s) and/or action(s) relate
directly to the provision of charitable services to residents of the City of Auburn. Charitable
services are defined as events or services provided to the residents of Auburn free of charge and
where the City is a sponsor of the specific event or service. For the purposes hereof, “compelling
cases” mean instances where there is an extraordinary need (greatly beyond current and ordinary
need) for the charitable services that would be able to be provided. The intent of this authorization
is to empower the Mayor with sole discretion to waive some fees in unique situations where there
is a greatly increased need for new charitable services to be provided, and where the reduction
of fees to the City will not detrimentally impact the City’s ability to provide municipal services. This
waiver does not include Impact Fees, System Development Charges, any fees related to
Franchise or Public Way Agreements, Right-of-way Vacations, Right-of-Way Use Permits, Facility
Extensions, Police Department Fees, Animal Licensing Fees and Penalties, Banner Permit Fees,
or Cemetery or Parks fees.
Page 72 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5734 (Tate)
Date:
October 10, 2023
Department:
Planning and Development
Attachments:
Res olution 5734 2024 VRFA Fee Schedule
Res olution 5734 Exhibit A 2024 VRFA Fee
Schedule
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5734.
Background for Motion:
Resolution No. 5734 will replace the current Valley Regional Fire Authority fee schedule with
the revised 2024 VRFA fee schedule. The fee schedule was revised and adopted by the
VRFA Governance Board as part of an annual update process.
Background Summary:
The Valley Regional Fire Authority (VRFA) was established in 2007 under RCW 52.26 as a
Fire Authority that serves the cities of Auburn, Algona, and Pacific. As a Fire Authority VRFA
operates as a separate municipal corporation, with independent taxing authority, and within an
independent taxing district.
While VRFA is a separate Fire Authority and is organizationally independent from the City of
Auburn, VRFA continues to have a role in reviewing development proposals and conducting
inspections during the construction process. Within VRFA it is the Fire Marshal’s Office that
performs these functions.
While VRFA has taxing authority within its jurisdictional boundary, tax payers do not fund all
services offered by VRFA. In some instances there are fees charged to customers who are
seeking direct service, e.g. a permit to construct a commercial building. In other words,
permit customers pay a substantial portion of the direct service they are seeking, as opposed
to the service being subsidized across the taxing district. Stated in yet another way, a
residential tax payer who pays a portion of their property taxes to VRFA is generally not
providing a significant level monetary contribution to a commercial real estate proposal or a
new residential subdivision.
Since the Fire Authority was established in 2007, VRFA has collected fees for reviewing
development plans and conducting construction inspections. In Auburn, VRFA fees are
collected by the City and distributed to VRFA. This practice was put in place in order to
ensure that Auburn could achieve a one-stop permitting shop. Instead of sending customers to a
VRFA office to pay fees and apply for separate fire permits, customers can submit, pay and pick up
permits at the City’s Permit Center. More times than not, the customer never knows that they are
Page 73 of 132
interacting with, and paying, separate governmental entities.
The 2023 VRFA fee schedule includes a general increase of fees by 3%, consistent with City of
Auburn development fee increases. This moderate increase remains well below the Consumer
Price Index (CPI) figure for the Puget Sound area and will maintain a fee schedule that is markedly
lower than comparable agencies.
While VRFA is a separate agency, with a separate Governance Board that has authority to
establish its own service fees, the Auburn City Council has a role in endorsing fees that are
collected by the City and distributed to other agencies (similar to Council’s role in reviewing
school district fees and taking action to authorize the collection of these external agency
fees). Typically, City Council would provide this endorsement through action of a Resolution
which then enables procedural efforts to occur that facilitate collection of the relevant fees
and fee types.
The materials attached to this memo have been prepared by VRFA. The 2024 fee schedule
was presented to City Council during the October 9, 2023 Study Session.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:October 16, 2023 Item Number:RES.B
Page 74 of 132
----------------------------
Resolution No. 5734
October 8, 2023
Page 1 of 2
RESOLUTION NO. 5734
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, ENDORSING
USE OF THE 2024 VALLEY REGIONAL FIRE
AUTHORITY FEE SCHEDULE AS ADOPTED BY
THE VRFA BOARD OF GOVERNANCE
WHEREAS, the Valley Regional Fire Authority (VRFA) was established in
2007 under the authority of RCW 52.26 and operates as a separate municipal
corporation, with independent taxing authority, and within an independent taxing
district; and
WHEREAS, VRFA serves the cities of Algona, Auburn, and Pacific and is
guided by a Governance Board comprised of elected officials representing each
city; and
WHEREAS, the VRFA Governance Board has adopted an updated fee
schedule for 2023 the covers a portion of the direct cost of permit review, plan
review, and inspection services performed out of the Fire Marshal’s office; and
WHEREAS, the City of Auburn collects direct service fees on behalf of
VRFA in order to support the concept of a one -stop-shop for development and
permitting services; and
WHEREAS, in order to collect direct service fees on behalf of VRFA, the
City of Auburn must incorporate VRFA fees into city procedures, city permitting
software systems, and city financial systems.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Page 75 of 132
----------------------------
Resolution No. 5734
October 8, 2023
Page 2 of 2
Section 1. The Valley Regional Fire Authority Fee Schedule is hereby
adopted as set forth in the attached “Exhibit A” and
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon and on January 1, 2024.
Dated and Signed:
CITY OF AUBURN
__________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Harry Boesche, Acting City Attorney
Page 76 of 132
Activity
1
1.1 Commercial Occupancy Review 35% of Jurisdictional Permit Fee 1
1.2 Multi-Family Occupancy Review (R2) 20% of Jurisdictional Permit Fee 1
1.3
Other Permit Fees (mechanical,
plumbing etc...)$262.00 3
1.4 Revisions to previously reviewed plans $262.00 3
1.5 Single Family Occupancy Review (R3) 15% of Jurisdictional Fee 2
2
2.1 Boundary Line Adjustment $132.00 3
2.2
Civil Reviews (FAC, hydrant placement,
fire flow, fire department access,
grading)$262.00 3
2.3
Preliminary Plat and Plat Reviews
(subdivisions)$262.00 3
2.4
Other Permit Fees (miscellaneous,
administrative, etc...)$132.00 3
2.5 SEPA review $262.00 3
2.6 Short Plat Review $262.00 3
2.7 Variances $132.00 3
2.8 Water Availability Reviews $132.00 3
3
3.1
Commercial Automatic Fire Protection
System (Fire Sprinkler)$431.00
+ $0.75 per sprinkler head over 10
heads 3
3.2
Commercial and Residential Automatic
Fire Protection System (Underground
Fire Sprinkler Line) (WAC 105.7.20)$431.00 per system / building 3
3.3
Commercial Automatic or Manual Fire
Alarm Systems $431.00 + $5.00 per device over 5 devices 3
3.4
Commercial Kitchen Fire Protection
System $431.00
+ $0.75 per sprinkler head over 10
heads 3
3.5
Commercial: Other Fire Protection
Systems (clean agent, FM200, wet or
dry chemical, CO2, foam, mist, inert
gas, and other systems)$431.00
+ $0.75 per sprinkler head over 10
heads 3
3.6
Emergency Responder Radio Coverage
System (DAS)$431.00 + $0.75 per device 3
3.7 Fireworks Display Permit $431.00 11
3.8 Fireworks Sales Permit without a tent $100.00 3, 10, 11
3.9 Fireworks Sales Permit with a tent $262.00 + $100 3,10,11
Valley Regional Fire Authority 2024 Fee Schedule
Effective January 1, 2024 and will remain in effect unless amended by the VRFA Board of Governance
Fee
Building Department Review (Includes Initial Inspection)
Land Use Reviews
Fire Protection Systems (Includes Plan Review and Initial 2 Inspections) 4
Page 77 of 132
3.1
Other Miscellaneous Plan Review not
listed $431.00 3
Activity
3.11
Over the Counter Permit (fire sprinkler
with less than 10 sprinkler heads, or fire
alarm with less than 5 devices)$132.00 3
3.12 Residential (R3) Fire Sprinkler System $132.00 3
Spray Booth Installation
3.13 Spray Booth Installation (MEC or TEN)$132.00 3
3.14 Spray Booth Fire Protection System $431.00 + $0.75 per device over 10 devices 3
3.15 Spray Booth Fire Alarm System $431.00 + $5.00 per device over 5 devices 3
4
4.1 Battery Systems $784.00 3
4.2 New Business License Review Included with Fire Benefit Charge
4.3 Compressed Gases $784.00 3
4.4 Cryogenic Fluids $784.00 3
4.5 Fire Pump & Equipment $784.00 3
4.6
Flammable and Combustible Liquids
(including above ground tanks, below
ground tanks, dip tanks, etc…)
installation and repair $784.00 3
4.7
Commercial Flammable and
Combustible Liquids tank removal $431.00 3
4.8 Hazardous Materials Facility $784.00 3
4.9 Industrial Ovens $784.00 3
4.1 LP Gas Commercial $784.00 3
4.11 LP Gas Residential $431.00 3
4.12
Marijuana Extraction Systems (WAC
105.7.19)$784.00 3
4.13 Commercial Heating Tank Removal $431.00 3
4.14
Residential Home Heating Tank
Removal $132.00 3
4.15
Solar Photovoltaic Power Systems,
Residential $132.00 3
4.16
Solar Photovoltaic Power Systems,
Commercial $784.00 3
4.17
Temporary Tent/Membrane Structure >
400 square feet $262.00 3
4.18
Working without a permit or ahead of
the permit Double the permit and inspection fee
5
5.1 Initial Inspection Included in the permit fee
5.2 1st Re-inspection Included in the permit fee
5.3 2nd Re-inspection $262.00 for first 2 hours 3
Fee
Other Fire Permits (Includes Plan Review and Initial 2 inspections) 4
Inspection Fees
Page 78 of 132
5.4
Any subsequent (after 2nd) re-
inspection $262.00 for first 2 hours 3
Activity
5.5
After Hours Inspection (Outside of
normal business hours)$198.19 per hour (2 hour minimum) 3,8,9
5.6
Progressive Inspections (beyond the
first 2 inspections)$132.00 per hour (2 hour minimum) 3
5.7
Re-inspection (due to a failure to cancel
appointment or work not ready for
inspection at time of appointment)$132.00 per hour (2 hour minimum) 3
6
6.1 Pre-Application Fees Included with Fire Benefit Charge
7
7.1
Use of Outside Consultants for Plan
Review and Inspection, and Rapid
Access Equipment Actual Costs
8
8.1 Fire Ambulance Transport Fee $1,250.00
8.2 Fire Ambulance Transport Mileage Fee $23.00 per mile
Preventable Nuisance or Malfunction
Alarm - 1st and 2nd violation No Penalty
Preventable Nuisance or Malfunction
Alarm - 3rd violation $84.00
Preventable Nuisance or Malfunction
Alarm - 4 or more violations $167.00
Description
General Records - paper copies $0.15 per page
General Records - electronic copies $0.10 per page + cost of media
Medical Incident Reports - Clerical Fee $25.00 per report
Medical Incident Reports - paper copies
- Pages 1-30 $1.12 per page
Medical Incident Reports - paper copies
- Pages 31+ $0.84 per page
Medical Incident Reports - electronic
copies $0.10 per page + cost of media
Outsourced copying & scanning Actual cost + cost of media
Records mailed or shipped Actual cost of postage and container
Video and audio tapes Actual cost to reproduce
10
Permit type
10.1 Aerosol products Included with the Fire Benefit Charge
10.2 Amusement building Included with the Fire Benefit Charge
Consultant Fees
Fee
Pre-Application Fees
Fee
Other Fire Authority Fees
False Alarm Responses (within a calendar year)
Public Records Requests RCW70.020.010 & WAC 246-08-400
Rate
OPERATIONAL PERMITS
The International Fire Code 105.6 Required Operational Permits authorizes the fire code official to issue operational
Page 79 of 132
10.3 Aviation facilities Included with the Fire Benefit Charge
10.4 Carbon dioxide systems Included with the Fire Benefit Charge
10.5 Carnivals and fairs Included with the Fire Benefit Charge
10.6 Combustible dust producing operations Included with the Fire Benefit Charge
10.7 Combustible fibers Included with the Fire Benefit Charge
10.8 Compressed gases Included with the Fire Benefit Charge
10.9 Cover and open mall buildings Included with the Fire Benefit Charge
10.1 Cryogenic fluids Included with the Fire Benefit Charge
10.11 Cutting and welding Included with the Fire Benefit Charge
10.12 Dry cleaning Included with the Fire Benefit Charge
10.13 Exhibits and trade shows Included with the Fire Benefit Charge
10.14 Explosives Included with the Fire Benefit Charge
10.15 Flammable and combustible liquids Included with the Fire Benefit Charge
10.16 Fruit and crop ripening Included with the Fire Benefit Charge
10.17 Fumigation and insecticidal fogging Included with the Fire Benefit Charge
10.18 Hazardous materials Included with the Fire Benefit Charge
10.19 High piled storage Included with the Fire Benefit Charge
10.2 Hot work operations Included with the Fire Benefit Charge
10.21 Industrial ovens Included with the Fire Benefit Charge
10.22 Lumber yards and woodworking plants Included with the Fire Benefit Charge
10.23
Liquid or gas fueled vehicles or
equipment in assembly buildings Included with the Fire Benefit Charge
10.24 Liquid Petroleum (LP) gas Included with the Fire Benefit Charge
10.25 Magnesium Included with the Fire Benefit Charge
10.26
Miscellaneous combustible storage
(tires, empty packing cases, rubber) Included with the Fire Benefit Charge
10.27 Motor fuel dispensing facilities Included with the Fire Benefit Charge
10.28 Organic coatings Included with the Fire Benefit Charge
10.29 Place of assembly Included with the Fire Benefit Charge
10.3 Private fire hydrants Included with the Fire Benefit Charge
10.31 Refrigeration equipment Included with the Fire Benefit Charge
10.32
Repair garages and motor fuel
dispensing facilities Included with the Fire Benefit Charge
10.33
Spraying or dipping operation using
flammable or combustible liquids or
powders Included with the Fire Benefit Charge
10.34
Storage of tires, scrap tires, and by-
products or rebuilding plants Included with the Fire Benefit Charge
10.35 Waste handling Included with the Fire Benefit Charge
10.36 Wood products Included with the Fire Benefit Charge
10.37
Commercial kitchens with type I or type
II hoods (ACC 10.36A.025) Included with the Fire Benefit Charge
Page 80 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5740 (Tate)
Date:
October 10, 2023
Department:
Planning and Development
Attachments:
Res olution 5740 Bridges ILA Between Auburn
and Kent
Res olution 5740 Exhibit A ILA
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5740.
Background for Motion:
The Interlocal Agreement authorized under Resolution No. 5740 establishes processes and
details that support annexation of the Bridges community. The ILA describes property,
utilities and transportation systems that will transfer ownership from Kent to Auburn;
establishes the details related to open code enforcement cases and permit applications;
which City will serve as custodian of historic public records; etc.
Background Summary:
City staff presented Resolution No. 5736 to City Council during the September 11, 2023
Study Session. Council subsequently took action on Resolution No. 5736 on September 18,
2023 which had the effect of initiating the annexation process. Resolution No. 5740 is one of
a series of additional supportive actions that establishes processes and details related to the
mechanics of transitioning a community from one city to another.
The ILA is an operational document that defines details between the two cities for how assets
will be managed and transferred (e.g. roads and utilities), how to manage open permits and
code enforcement cases, defining which agency will serve as custodian of public records,
etc. Because the document is an Interlocal Agreement between Kent and Auburn, a similar
corresponding action is necessary by the Kent City Council prior to the ILA becoming
effective.
As articulated in Resolution No. 5736, the effective date of the annexation is January 1, 2024. A
number of steps and actions must be taken between the date of Resolution No. 5736 including this
ILA. Additional actions include submittal of an application to the King County Boundary Review
Board, Planning Commission actions to develop recommendations for future land use and zoning
designations, and City Council action on the Planning Commission recommendations.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Page 81 of 132
Meeting Date:October 16, 2023 Item Number:RES.C
Page 82 of 132
- - - - - - - - - - - - - - - - - -
Resolution No. 5740
October 10, 2023
Page 1
RESOLUTION NO. 5740
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND THE CITY OF KENT IN SUPPORT
OF THE ANNEXATION OF THE BRIDGES COMMUNITY
WHEREAS, the Auburn City Council approved Resolution 5736 on September 18,
2023, expressing the City’s desire and intent to annex certain property known as ”The
Bridges” currently located within the City of Kent; and
WHEREAS, Resolution 5736 establishes an annexation effective date of January 1,
2024; and
WHEREAS, a significant portion of The Bridges is already developed as a residential
neighborhood, while another portion is currently undeveloped; and
WHEREAS, annexation of The Bridges will result in the transfer of certain properties,
roads, sidewalks, utilities and other physical assets from the City of Kent to the City of
Auburn; and
WHEREAS, there are a substantial number of historic permit, development, code
enforcement, licensing and other records related to The Bridges in the possession of the
City of Kent; and
WHEREAS, on the effective date of annexation, there is the potential for there to be
open code enforcement cases and permit applications being processed by the City of Kent;
and
WHEREAS, the City Council desires to enter into an Interlocal Agreement with City
of Kent to establish a process and procedures for transferring property, records, and
jurisdiction related to The Bridges from the City of Kent to the City of Auburn, and for
Page 83 of 132
- - - - - - - - - - - - - - - - - -
Resolution No. 5740
October 10, 2023
Page 2
completing the annexation process prescribed in Chs. 35.10 and 35A.14 RCW.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement between
the cities of Auburn and Kent, which agreement will be in substantial conformity with the
agreement attached to this Resolution as Exhibit A.
Section 2. The Mayor and her designee(s) are authorized to take such further
actions and implement those administrative procedures necessary to carry out the
directives of this Resolution and the Interlocal Agreement attached as Exhibit A.
Section 3. This Resolution shall be in full force and affect upon passage and
signatures hereon.
DATED and SIGNED this ____ day of __________________ 2023.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
Harry Boesche, Acting City Attorney
Page 84 of 132
- - - - - - - - - - - - - - - - - -
Resolution No. 5740
October 10, 2023
Page 3
Exhibit A
Interlocal Agreement
Page 85 of 132
1
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT AND THE CITY OF AUBURN
RELATING TO THE ANNEXATION OF THE BRIDGES
THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered by and between the City
of Kent, a Washington municipal corporation (“Kent”) and the City of Auburn, a Washington
municipal corporation (“Auburn”). Together, Kent and Auburn are referred to as “the Parties.”
I. RECITALS
A. The Bridges Property. There exists certain territory located within the corporate
boundaries of the City of Kent and its Urban Growth Area known as “The Bridges”
neighborhood. Surrounded on all sides by incorporated areas of Auburn, The Bridges
generally consists of an existing single family residential community with 379 houses, a
collection of open space tracts, public street and utility infrastructure, and approximately
13 acres of yet-to-be-developed vacant land. The Bridges neighborhood is shown on the
attached Exhibit A and specifically described in the attached legal description in Exhibit A-
1 (“The Bridges” or the “Annexation Area”).
B. The Parties’ Cooperative Approach. Both cities desire to work together for the mutual and
overall benefit of The Bridges. Since 2019, representatives of the Parties’ have worked
cooperatively together, and have determined that it is advantageous to both for The
Bridges to be annexed into Auburn.
C. Ch. 35.10 RCW Annexation Process. Ch. 35.10 of the Revised Code of Washington
(“RCW”) provides a process by which one city may annex property located within another
city, subject to potential review by a boundary review board and concurrence in the
annexation by the second city. Auburn initiated this process under RCW 35.10.217 by
adopting Resolution No. 5736, declaring Auburn’s desire and intention to annex the
Bridges.
D. Purpose of this ILA. The purpose of this Agreement is to address the rights and
responsibilities of the Parties related to the annexation of The Bridges into Auburn,
including but not limited to providing for the: smooth transfer of ownership and
maintenance of roads, bridges and other publicly-owned real property; orderly transition
of public services; appropriate timing for the transfer of public records; and the processing
of vested building permit applications (if any) for a transitional period following annexation.
The Parties’ governing bodies have determined to enter into this Agreement as authorized
and provided for in the Interlocal Cooperation Act, Ch. 39.34 RCW, and other applicable
law.
NOW THEREFORE, in consideration of the mutual terms, provisions and obligations
contained herein, it is agreed by and between the Parties as follows:
II. AGREEMENT
A. Effective Date, Term and Termination.
This Agreement shall be effective following approval by the Parties’ respective City
Councils and execution by their Mayors (“Agreement Effective Date”). This Agreement
shall continue in force for a period of five (5) years from the Agreement Effective Date or
Page 86 of 132
2
the final disposition of any appeal related to any subject matter included in this Agreement,
whichever is later (“Term”), unless earlier terminated as provided herein.
B. Annexation Process.
Annexation shall be implemented utilizing the process set forth in RCW 35.10.217(2), as
supplemented by the provisions of this Agreement set forth below.
1. Auburn Resolution Declaring Intent to Annex.
Auburn has commenced the annexation process under RCW 35.10.217(2) by
adopting Resolution No. 5736 on September 18, 2023, declaring its desire and
intention to annex The Bridges.
2. Auburn Notice of Intention to Annex.
Pursuant to RCW 35.10.217 and RCW 36.93.090, within two (2) weeks following
of adoption of Resolution No. 5736, Auburn will file a Notice of Intent to Annex with
the Washington State Boundary Review Board for King County (“BRB”).
3. Kent Concurrence in Auburn’s Annexation.
The Kent City Council will adopt a resolution concurring in Auburn’s annexation of
The Bridges, but agrees that it will do so no sooner than but as soon as reasonably
practicable after either (a) issuance of a decision by the BRB approving the
annexation, if the BRB’s jurisdiction is invoked pursuant to RCW 36.93.100, or (b)
the passage of a period of forty-five days after Auburn’s submission to the BRB of
a Notice of Intention to Annex, without the board's jurisdiction having been invoked
by one of the methods provided in RCW 36.93.100, whichever occurs first. Prior
to adoption of a concurring resolution, Kent shall hold at least one public hearing,
notice of which shall be mailed to the owners of the property within The Bridges in
the manner required by RCW 35.10.217(2) and chapter 35.43 RCW.
4. Protest of Annexation.
Pursuant to RCW 35.10.217(2), if a written protest purporting to be signed by
owners of property equal in value to 60% or more of the assessed valuation of the
property in the Bridges is submitted to Auburn within 30 days after Kent adopts its
concurring resolution, the Parties will confer regarding whether to suspend
sections or all of this agreement during the period prior to validation of the protest
by Auburn or by any court of competent jurisdiction. Should such a protest be
determined to be valid, timely filed and otherwise and in compliance with the
requirements of RCW 35.10.217(2), this Agreement shall terminate, and the
Parties agree that Auburn Resolution No. 5736 and any Kent resolution concurring
therein shall be of no further force or effect.
5. Auburn Finalization of Annexation by Ordinance.
Following Kent’s adoption of a resolution concurring in Auburn’s annexation,
Auburn shall effectuate the annexation by adoption of an ordinance annexing The
Bridges as shown and described in Exhibits A and A-1. A certified copy of the
Page 87 of 132
3
annexation ordinance as adopted shall be filed with the King County Board of
Commissioners. Upon the date fixed in the ordinance, which the Parties agree
shall be no later than January 1, 2024, or such later date as may be mutually
agreed by the Parties (“Annexation Effective Date”), the Bridges shall become part
of Auburn. Auburn and Kent shall take such further actions as may be necessary
to revise their corporate boundaries to reflect annexation of The Bridges into
Auburn. Following the Annexation Effective Date, all property within The Bridges
shall be assessed and taxed at the same rate and on the same basis other real
property within Auburn is assessed and taxed to pay for the portion of any then-
outstanding indebtedness of Auburn, which indebtedness has been approved by
the voters, contracted for, or incurred prior to, or existing at, the date of annexation.
C. Transfer of Property and Conveyance of Title.
1. Open Space Properties.
Upon or prior to the Annexation Effective Date, Kent shall transfer and convey by
deed all “open spaces” identified in Exhibit B attached hereto (“Open Space
Properties”) to a non-governmental entity. No Open Space Properties shall be
transferred to the ownership of Auburn as a result of annexation.
2. Public Natural Areas Easement.
Upon or prior to the Annexation Effective Date, Kent shall assign to Auburn all of
its right and interest in the Public Natural Areas Easement identified in Exhibit C
(the “Public Natural Areas Easement”) via an assignment in substantially the form
attached as Exhibit C-1. Auburn shall accept the Public Natural Areas Easement,
subject to its rights, conditions, covenants, obligations, limitations, and
reservations of record.
3. Right-of-Way Properties.
Upon or prior to the Annexation Effective Date, Kent shall transfer and convey to
Auburn all of its ownership interest in the rights-of-way, easements and road-
related properties described in Exhibit D (the "ROW Properties"), via a quitclaim
deed in substantially the form attached as Exhibit D-1. Auburn shall accept the
Properties subject to all of their respective rights, conditions, covenants,
obligations, limitations, and reservations of record.
4. Stormwater Facilities.
Upon or prior to the Annexation Effective Date, Kent shall transfer and convey to
Auburn all of Kent’s right, title, and ownership interests in certain public stormwater
facilities and appurtenances associated with the ROW Properties and identified in
Exhibit E (the “Stormwater Facilities”), via a quitclaim deed in substantially the form
attached as Exhibit E-1. The Stormwater Facilities include but are not limited to
structures, pipes or lines, catch basins, or other drainage or other non-water utility
equipment.
Page 88 of 132
4
5. Kent Water Utility Property and Interests.
Kent shall retain all right, title, and/or interest in all properties related to and
necessary for its water utility system, listed and legally described in Exhibit F (“Kent
Properties”), which shall not be transferred to Auburn but shall remain within Kent’s
ownership.
6. All Other Interests. All other rights, title, and/or interests in the Annexation Area,
not specifically reserved by Kent or conveyed to a non-governmental entity through
this Agreement or any deed, shall transfer to Auburn on the Annexation Effective
Date.
7. Condition of ROW Properties and Stormwater Facilities.
Auburn has inspected the ROW Properties and Stormwater Facilities prior to the
Agreement Effective Date, and agrees that, upon the Annexation Effective Date,
Auburn shall accept ownership of them in their then existing, AS-IS condition and
assume full and complete responsibility for all operations, maintenance, repairs,
improvements of, and provisions of services upon them, except as otherwise set
forth in Section II.H (Environmental Liability) and II.F.2 (Maintenance Prior to
Annexation Effective Date).
8. No Warranties.
Kent does not make and specifically disclaims any warranties, express or implied,
including any warranty of merchantability or fitness for a particular purpose, with
respect to the condition of the ROW Properties and Stormwater Facilities at the
time of the Annexation Effective Date, and no official, employee, representative, or
agent of Kent is authorized to represent otherwise.
9. No Merger.
The terms, covenants, representations, and warranties continued in this
Agreement shall not merge into any deed of conveyance, but shall survive the
conveyance of each of the Open Space and ROW Properties, and Stormwater
Facilities, as applicable, and shall continue in force unless both parties mutually
consent in writing to termination.
10. Deeds Control.
If there is any conflict between the terms and provisions of this Agreement and the
terms and provisions of any deed executed to convey the Properties and Personal
Property, then the terms and provisions of the deed shall control.
D. Records Transfer.
1. Infrastructure Records.
Within sixty (60) days of the Annexation Effective Date, or such other extension of
time as Kent may request and Auburn may approve, which approval shall not
unreasonably be withheld, Kent shall transfer to Auburn all public records
Page 89 of 132
5
associated with the property of The Bridges, including public easements, deeds,
franchise agreements, right-of-way permits authorizing uses for a duration greater
than 30 days, speed studies, traffic studies, inspection reports, GIS data, and
record drawings or construction drawings related to transferred facilities and
properties within the annexed area. Kent may elect to provide original records or
copies of records. Kent shall provide all records free of charge to Auburn. Kent
shall not be required to provide any records created after the Annexation Effective
Date unless and until requested by Auburn.
2. Land use-related records.
Within sixty (60) days of the Annexation Effective Date, or such other extension of
time as Kent may request and Auburn may approve, which approval shall not
unreasonably be withheld, Kent shall transfer to Auburn those records associated
with development of the plat and the Planned Unit Development (PUD) and
subsequent modifications maintained by Kent’s Economic and Community
Development Department and its Permit Center. This shall include, but not be
limited to, project files related to SEPA, the plat, the PUD, critical area evaluations,
variances, conditional use permits, floodplains, infrastructure, grading, and all
associated amendments. Kent may elect to provide original records or copies of
records. Kent shall provide all records free of charge to Auburn. Kent shall not be
required to provide any records created after the Annexation Effective Date unless
and until requested by Auburn.
3. Building permit records.
The City of Kent will be and remain the primary records custodian for any and all
residential building permit records involving The Bridges processed by the City of
Kent at any time before, during, or after the Annexation Effective Date. The City of
Kent will be solely responsible to comply with all Secretary of State records
retention requirements for building permit records. If Auburn requests any building
permit records from Kent those records will be provided free of charge to Auburn.
4. Code enforcement records.
The City of Kent will be and remain the primary records custodian for any and all
code enforcement records involving the City of Kent’s code enforcement within the
Bridges. The City of Kent will be solely responsible to comply with all Secretary of
State retention requirements. If Auburn requests any code enforcement records
from Kent those records will be provided free of charge to Auburn.
5. Animal licensing records.
Kent is a partner with Regional Animal Services of King County for animal services,
including pet licensing. Under an interlocal agreement between King County and
Kent, King County will provide upon request an extraction from its database of
current pet license data files. These data files will include pets owned, owners,
addresses, phone numbers, e-mail addresses, violations, license renewal status,
and any other relevant or useful data maintained in King County’s database on
pets licensed within Kent. Within sixty (60) days of the Annexation Effective Date,
Kent will request King County provide this database extraction for pet owners
Page 90 of 132
6
residing within The Bridges, and Kent will provide this extraction to Auburn. Under
the Kent-King County Animal Services interlocal agreement, the data extraction
will be provided in an electronic format agreed to by Kent and King County. Kent
and Auburn will coordinate with King County to facilitate the extraction and transfer
of the data files to Auburn in an electronic format acceptable to Auburn.
6. Other records.
If Auburn requests any records from Kent related to this Agreement and its
annexation of the Bridges, those records will be provided free of charge to Auburn.
7. Records term.
All obligations under this Section will be a continuing obligation and not subject to
the 5 year term of this Agreement.
E. Development Permit Processing.
1. Building Permit Applications Submitted Prior to Annexation Effective Date.
Building permit applications submitted to Kent and paid for prior to the Annexation
Effective Date will be reviewed by Kent, who shall be the agency responsible for
the issuance of said building permits and for completing all building inspections
until final building inspection approval is issued. The City of Kent shall retain all
permit and plan review fees associated with said building permit applications.
2. Building Permit Applications For Which Fees Not Timely Paid.
Applications that are submitted to Kent prior to the Annexation Effective Date but
for which application fees are not paid within two weeks from the date of the
Effective Date shall be transferred to the City of Auburn for processing.
3. Land Use Permit Applications
Applications submitted and determined to be complete prior to the Annexation
Effective Date will be reviewed by Kent, and a decision issued by the City of Kent.
Kent shall treat such land use applications determined complete as vested to the
Kent zoning and development standards in effect at the time that the application is
determined to be complete. Applications submitted prior to the Annexation
Effective Date that are determined to be incomplete, or for which no completeness
determination was made prior to the Annexation Effective Date, shall be rejected
by Kent and the applicant referred to the City of Auburn for application submittal
and review. Appeals of any Kent land use decisions issued under this subsection
II.E.3 shall be processed and decided by Kent through a final land use decision.
4. Utility and Other Permit Applications
a. Sewer connections and repairs. Auburn is the sewer utility provider in The
Bridges prior to annexation and will remain the sewer utility provider after
the Annexation Effective Date. Therefore, sewer utility application review,
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7
issuance and fee collection are unchanged and not affected by this
Agreement.
b. Water connections and repairs. Kent is the water utility provider for the
Annexation Area, including the PUD’s future development tracts, prior to
annexation and will remain the water utility provider after the Annexation
Effective Date. Therefore, water utility connection application review,
issuance and fee collection are unchanged and not affected by this
Agreement.
c. Storm utility permits. Applications determined to be complete prior to the
Annexation Effective Date will be reviewed and decided by Kent.
Associated fees shall be retained by the City of Kent and inspections
completed by the City of Kent. Applications submitted prior to the
Annexation Effective Date but determined to be incomplete, or for which a
determination of completeness was not yet issued by the Annexation
Effective Date, shall be rejected and referred to the City of Auburn for
submittal, review, issuance, and payment. Within 1 week of the Annexation
Effective Date, Kent will provide Auburn a list of all storm utility permit
applications deemed complete prior to the Annexation Effective Date.
d. Utility or Minor Utility Work Permits. Applications determined to be
complete prior to the Annexation Effective Date will be reviewed and
decided by Kent. Associated fees shall be retained by the City of Kent and
inspections completed by the City of Kent. Applications submitted prior to
the Annexation Effective Date but determined to be incomplete, or for which
a determination of completeness was not yet issued by the Annexation
Effective Date, shall be rejected and referred to the City of Auburn for
submittal, review, issuance, and payment.
e. Right-of-Way Permits. Applications determined to be complete prior to the
Effective Date will be reviewed by Kent. Associated fees shall be retained
by Kent and inspections completed by Kent. Applications submitted prior
to the Annexation Effective Date but determined to be incomplete, or for
which a determination of completeness was not yet issued by the
Annexation Effective Date, shall be rejected and referred to the City of
Auburn for submittal, review, issuance, and payment.
F. Utilities.
1. Stormwater Facilities pre-transfer inspection. Auburn has inspected the
Stormwater Facilities and identified corrective and normal maintenance work, that
has been completed by Kent.
2. Stormwater Facilities Maintenance Prior to Annexation Effective Date. Kent will
continue to maintain the Stormwater Facilities consistent with the Kent City Code
prior to the Annexation Effective Date. Prior to annexation, any deficiencies
identified by the City of Kent, including through annual inspections, shall be
corrected before transfer to the City of Auburn.
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3. Private Stormwater Facilities. The private storm facilities as identified in Exhibit G
(“Private Stormwater Facilities”) will remain the responsibility of The Bridges Home
Owner Association, which shall have full and complete responsibility for the
operation, maintenance, repairs, and any improvements to the Private Stormwater
Facilities, subject to all applicable permits for completion of such work.
4. Potable Water Facilities. Within 60 Days following the Agreement Effective Date
Kent shall apply for a Water Franchise to operate its water system within the
Annexation Area within the City of Auburn. Auburn shall allow for normal and
continual operation of the Kent water system throughout the franchise application
and negotiation process, subject to Kent obtaining the appropriate construction
permits for any work to be completed within Auburn’s right-of-way following the
Annexation Effective Date. Kent’s continual operation of the water system shall be
subject to the indemnification provisions of this agreement, Section II.I, until Kent
and Auburn execute a water franchise. Kent shall restore any portions of Auburn
ROW Properties disturbed during Kent construction work on Kent’s water system
in compliance with the Auburn City Code and Auburn’s Engineering Design and
Construction Standards.
G. Future Land Use Designation.
Through separate City of Auburn Ordinance, the City of Auburn will adopt the
comprehensive plan future land use designations and zoning designations for the Bridges
consistent with Auburn City Code and all applicable law. The City of Auburn’s future land
use designation as part of the annexation is exempt from review under the State
Environmental Policy Act provisions of Ch. 43.21C RCW.
H. Environmental Liability.
“Hazardous materials” as used in this section shall mean any hazardous, dangerous or
toxic wastes, materials, or substances as defined in state or federal statutes or regulations
as currently adopted or hereafter amended. Nothing in this agreement shall be deemed to
waive any statutory claim for contribution that Auburn might have against Kent under
federal or state environmental statutes that arises from hazardous materials deposited or
released on the Public Stormwater System during Kent’s period of ownership. Auburn may
not, however, assert such a claim to the extent that Auburn creates the need for or
exacerbates the cost of remediation upon which a statutory claim for contribution is based
as a result of Auburn performing construction activities on, changing the configuration of,
or changing the use of the Public Stormwater System.
1. If Auburn discovers the presence of hazardous materials at levels that could give
rise to a statutory claim for contribution against Kent it shall immediately notify Kent
in writing. The parties shall make their best efforts to reach agreement as to which
party is responsible for remediation under the terms of this Agreement prior to
undertaking any remediation.
2. In no event shall Kent be responsible for any costs associated with remediation
that exceed the minimum necessary to satisfy the state or federal agency with
jurisdiction over the remediation.
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I. Indemnification.
Kent shall indemnify and hold harmless Auburn and Auburn’s elected officials, officers,
agents or employees, or any of them, from and against any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, arising from those
occurrences related to any rights or responsibilities pursuant to Kent’s regulatory
jurisdiction in The Bridges, or Kent’s ownership of property and utilities within The Bridges,
that occurred prior to the Annexation Effective Date. In the event that any suit based upon
such a claim, action, loss or damage is brought against Kent, or Auburn and Kent, Kent
shall defend the same at its sole cost and expense and, if final judgment be rendered
against Auburn and its elected officials, officers, agents and employees or jointly against
Auburn and Kent and their respective elected officials, officers, agents and employees,
Kent shall satisfy the same.
Auburn shall indemnify and hold harmless Kent and its elected officials, officers, agents
and employees, or any of them, from and against any and all claims, actions, suits, liability,
loss, costs, expenses and damages of any nature whatsoever, arising from those
occurrences related to any rights or responsibilities pursuant to Auburn’s regulatory
jurisdiction in The Bridges, or Auburn’s ownership of property and utilities within The
Bridges, that occur after the Annexation Effective Date. In the event that any suit based
upon such a claim, action, loss or damage is brought against Kent, or Kent and Auburn,
Auburn shall defend the same at its sole cost and expense and, if final judgment be
rendered against Kent and its officers, agents and employees or jointly against Kent and
Auburn and their respective officers, agents and employees, Auburn shall satisfy the
same.
For a period of three years following transfer, each party to this Agreement shall
immediately notify the other of any and all claims, actions, losses or damages that arise
or are brought against that Party relating to or pertaining to the regulatory jurisdiction or
ownership of property and utilities within The Bridges.
Each Party to this Agreement agrees that its obligations under this Section II.I extend to
any claim, demand, and/or cause of action brought by or on behalf of any employees, or
agents. For this purpose, each Party to this Agreement, by mutual negotiation, hereby
waives, with respect to the other party only, any immunity that would othe1wise be
available against such claims under the Industrial Insurance provisions of Title 51 RCW,
but only to the extent necessary to indemnify the other party. The provisions of this Section
shall survive the expiration or termination of this Agreement.
J. Offenses Occurring Prior to Annexation Effective Date.
All offenses defined by law as crimes, traffic infractions or civil infractions that occur within
The Bridges annexation area prior to the Annexation Effective Date will be considered
offenses within the jurisdiction of the City of Kent for the purposes of prosecution, court
filing costs, payment of any fees or assessments associated with, financial responsibilities
for jail services to the extent financial responsibility attaches, and any other corresponding
case enforcement liabilities. All such offenses occurring on or after the Annexation
Effective Date will be considered offenses within the jurisdiction of the City of Auburn for
the purposes of prosecution, court filing costs, payment of any fees or assessments
associated with, and financial responsibilities for jail services to the extent financial
responsibility attaches.
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K. Police Services.
At 12:01 a.m. on the Annexation Effective Date, Kent’s responsibility for police service
within The Bridges shall cease, and Auburn’s responsibility shall commence. For
purposes of this Section II.K, “police service” includes all police functions, services and
obligations, including general authority law enforcement, animal control, and vehicle
parking enforcement. The police chiefs of Kent and Auburn will work together to ensure a
smooth transition plan and a continued partnership. Kent agrees to provide Auburn with
any community contact lists that Kent may have regarding the Annexation Area upon
request.
L. Valley Regional Fire Authority.
At 12:01 a.m. on the Annexation Effective Date, regional fire authority will be transferred
to the Valley Regional Fire Authority.
M. Communication Strategy.
The City of Kent and the City of Auburn will work cooperatively to develop and deliver a
communication strategy that seeks input from the diverse members of the community at
all times prior to annexation.
N. Franchises.
Within sixty (60) days of the Annexation Effective Date, Kent shall transfer to Auburn all
records associated with any franchises. This shall include, but not be limited to,
applications, ordinances, and all maps showing franchise locations. Applications
determined to be complete prior to the Annexation Effective Date will be reviewed and
decided by Kent. For applications submitted prior to the Annexation Effective Date that
have not been determined to be complete, the application shall be rejected by the City of
Kent and the applicant referred to the City of Auburn for application submittal and review.
Kent may elect to provide original records or copies of records. Kent shall provide all
records free of charge to Auburn. Kent shall not be required to provide any records created
after the Annexation Effective Date unless and until requested by Auburn.
O. All Prior Kent Ordinances Repealed Upon Annexation Effective Date.
Pursuant to RCW 35.10.320, the City of Auburn shall repeal all City of Kent ordinances
effective at 12:01 a.m. on the Annexation Effective Date. Simultaneous to the repeal of all
City of Kent ordinances, all City of Auburn ordinances and regulations will take effect at
12:01 a.m. on the Annexation Effective Date.
P. Miscellaneous.
1. Compliance with Laws. Each Party accepts responsibility for compliance with
federal, state, and local laws and regulations. Specifically, in meeting the
commitments encompassed in this Agreement, all parties will comply with, among
other laws and regulations, the requirements of the Open Meetings Act, Public
Records Act, Growth Management Act, State Environmental Policy Act, and
Annexation Statutes. The Parties retain the ultimate authority for land use and
Page 95 of 132
11
development decisions within their respective jurisdictions as provided herein. By
executing this Agreement, the Parties do not purport to abrogate the decision-
making responsibility vested in them by law.
2. Entire Agreement. This Agreement together with all Exhibits hereto contains all of
the agreements of the Parties with respect to any matter covered or mentioned in
this Agreement and no prior agreements shall be effective for any purpose.
3. Filing. A copy of this Agreement shall be filed with the Auburn and Kent City Clerks.
Kent will record this Agreement with the King County Recorder’s Office.
4. Amendments. No provision of this Agreement may be amended or modified except
by written agreement signed by the Parties. If it is later determined that a topic
should have been addressed in this Agreement but was inadvertently overlooked,
each agency authorizes its mayor to negotiate and sign an amendment to this
Agreement without further approval being required by its respective legislative
body.
5. Severability. If one or more of the clauses of this Agreement is found to be
unenforceable, illegal, or contrary to public policy, the Agreement will remain in full
force and effect except for the clauses that are unenforceable, illegal, or contrary
to public policy.
6. Successors in interest. Subject to the foregoing subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their
respective successors in interest, heirs, and assigns.
7. No waiver. Failure of either the County or the City to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any action in
connection with, shall not waive such breach or default.
8. Authority. Each individual executing this Agreement on behalf of each city
represents and warrants that such individuals are duly authorized to execute and
deliver the Agreement on behalf of the City of Auburn or the City of Kent.
9. Performance. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor.
10. Equal Opportunity to Draft. The Parties have participated and had an equal
opportunity to participate in the drafting of this Agreement. No ambiguity shall be
construed against any party upon a claim that that party drafted the ambiguous
language.
11. Third Party Beneficiaries. This agreement is made and entered into for the sole
protection and benefit of the parties hereto. No other person or entity shall have
any right of action or interest in this Agreement based on any provision set forth
herein.
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12
IN WITNESS THEREOF, the Parties have executed this Agreement.
CITY OF AUBURN
__________________________
Nancy Backus, Mayor
Date:______________________
CITY OF KENT
__________________________
Dana Ralph, Mayor
Date:______________________
ATTEST:
__________________________
Shawn Campbell, City Clerk
ATTEST:
__________________________
Kimberley A. Komoto, City Clerk
APPROVED AS TO FORM:
__________________________
Harry Boesche, Interim City Attorney
APPROVED AS TO FORM:
__________________________
Tammy White, City Attorney
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13
Exhibit A
Depiction of “The Bridges”
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14
Exhibit A-1
Legal Description of “The Bridges”
BRIDGES, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS,
PAGES 1 THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE
WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.
Page 99 of 132
15
Exhibit B
Legal Description of Open Space to Be Transferred to Non-Governmental Third-Party
TRACTS B, AND TT (DEPICTED ON SHEET 8), TRACT I (DEPICTED ON SHEET 12), AND
TRACT Y (DEPICTED ON SHEET 19) OF BRIDGES, A PLANNED UNIT DEVELOPMENT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1
THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF
OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.
Page 100 of 132
16
Exhibit C
Legal Description of Public Natural Areas Easement
AN EASEMENT FOR PUBLIC NATURAL AREAS ON THE PORTION OF TRACT PP
(DEPICTED ON SHEET 19), TOGETHER WITH A 15.00 FOOT WIDE EASEMENT ON THE
PORTIONS OF LOTS 131 THROUGH 135 INDICATED ON SHEET 2 OF BRIDGES, A
PLANNED UNIT DEVELOPMENT, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF KING COUNTY,
WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W.M.
Page 101 of 132
17
Exhibit C-1:
Form Assignment of Public Natural Areas Easement
WHEN RECORDED RETURN TO:
City of Kent
220 Fourth Avenue South
Kent, Washington 98032
Attn: City Clerk
Reference Number of Related Document:
Assignor: City of Kent
Assignee:
Abbreviated Legal Description:
Assessor's Tax Parcel No.: STR:
Project Name:
ASSIGNMENT AND ASSUMPTION OF EASEMENT
This Assignment and Assumption of Easement is made between the City of
Kent, a municipal corporation (“City” or “Assignor”) and City of Auburn (“Assignee”)
with respect to that easement dated _________ and recorded in the official records
of King County as Instrument No. __________ on _______ (the “Easement”) under
which the City is the grantee and _____ is the grantor.
A. The Easement states that the Assignor may assign and convey its rights
thereunder to the Assignee without further consent of grantor being required.
B. Assignor wishes to assign all of its right, title and interest under the
Easement to the Assignee and the Assignee wishes to accept and assume all of the
right, title, and interest of Assignor under the Easement.
THEREFORE, in consideration of mutual benefits derived, Assignee and
Assignor agree as follows:
1. Assignor grants, conveys and assigns, without covenant or warranty, to
the Assignee all of Assignor’s right, title, and interest in and to the Easement together
with any improvements and appurtenances thereon owned by Assignor.
2. Assignee irrevocably accepts and assumes all right, title, and interest in
and to the Easement and all obligations thereunder.
This Assignment shall be effective as of the later date written below and shall
be recorded with the King County Recorder’s Office.
Page 102 of 132
18
ASSIGNOR:
CITY OF KENT
_______________________________
By: Dana Ralph
Title: Mayor
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the person
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Kent to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Page 103 of 132
19
ASSIGNEE:
___________:
_______________________________
By:
Title:
Date:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is
the person who appeared before me, and said person acknowledged that she signed
this instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the ________ of ________________ to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the
day and year first above written.
(Signature)
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Page 104 of 132
20
Exhibit D
Legal Description of ROW Properties, Easements,
and Road-Related Properties to Transfer to Auburn
THE SOUTH 26.00 FEET OF SE 288TH STREET AND ALL OF 122ND AVE SE, 122ND WAY
SE, SE 293RD WAY, 121ST AVENUE SE, AND SE 296TH PLACE AS DEPICTED SHEETS 10
THROUGH 15, 18, AND 19 OF BRIDGES, A PLANNED UNIT DEVELOPMENT. ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38,
RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION
4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.;
TOGHETHER WITH AN EASEMENT FOR PUBLIC SIDEWALK OVER ALL OF TRACT DD AND
TRACT EE (DEPICTED ON SHEETS 18 AND 19) OF SAID PLAT;
AND ALSO, THOSE PORTIONS OF LOTS 80, 90, 91, 96 (DEPICTED ON SHEET 15) OF SAID
PLAT SHOWN AS “PUBLIC SIDEWALK EASEMENT”;
TOGETHER WITH AN EASEMENT FOR PUBLIC PEDESTRIAN ACCESS FOR TRAILS AND
PATHS WITHIN TRACT Q (DEPICTED SHEET 13), TRACT FFF (DEPICTED SHEET 15),
TRACT X AND TRACT Y (DEPICTED ON SHEET 18) OF SAID PLAT;
AND ALSO, A PORTION OF LOT 33 OF SAID PLAT (DEPICTED ON SHEET 16)
AND ALSO, THAT PORTION OF 123RD PLACE (BEING A PORTION OF TRACT GGG) LYING
TO THE NORTH OF THE LINE COMMON TO LOTS 21 AND 22 OF SAID PLAT.
Page 105 of 132
21
Exhibit D-1:
Quit Claim Deed Form to
Transfer Road and Road-Related Properties
AFTER RECORDING RETURN TO:
City of Kent
Public Works Department
Attn: Property Management
220 Fourth Avenue South
Kent, WA 98032
GRANTOR: City of Kent
GRANTEE: City of Auburn
LEGAL:
TAX ACCT #
REFERENCE: The Bridges Annexation
QUIT CLAIM DEED
The City of Kent, a Washington municipal corporation, as Grantor, for an in consideration
of mutual benefits, pursuant to City of Kent Resolution No. ________ and that certain
Interlocal Agreement between the City of Kent and the City of Auburn Relating to th e
Annexation of the Bridges, recording number ______________________, does hereby
convey and quitclaim to the City of Auburn, a Washington municipal corporation, as
Grantee, and Grantee does hereby accept, those certain real property interests legally
described in the Attachment A, attached hereto and made a part of this Deed, together
with any after-acquired title which the Grantor may acquire; SUBJECT TO all rights,
conditions, covenants, obligations, limitations and reservations of record.
City of Kent
Dana Ralph, Mayor Date
City of Auburn
Nancy Backus, Mayor Date
Page 106 of 132
22
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the person
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument as the
Mayor of the City of Kent and acknowledged it to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Nancy Backus is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument as the
Mayor of the City of Auburn and acknowledged it to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Page 107 of 132
23
Exhibit E
Legal Description of Stormwater Facilities to Transfer to Auburn
TRACTS C, T, AND CC, ALSO ALL ITEMS AS LISTED AS NUMBER 3 UNDER THE EASEMENT
LEGEND AS LOCATED ON BRIDGES, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF KING COUNTY,
WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH,
RANGE 5 EAST, W.M.
ALL OF TRACT C (DEPICTED ON SHEET 11), TRACT T (DEPCITED ON SHEET 16) AND
TRACT CC (DEPICTED ON SHEET 21) OF BRIDGES, A PLANNED UNIT DEVELOPMENT,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1
THROUGH 38, RECORDS OF KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF
OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M.
TOGETHER WITH PUBLIC STORM DRAIN EASEMENTS UNDER AND OVER THE
FOLLOWING:
THAT PORTION OF TRACT CCC OF SAID PLAT LYING TO THE NORTH OF THE SOUTHERLY
MOST LINE COMMON TO TRACTS B AND C (DEPICTED ON SHEETS 10 AND 11);
AND ALSO, THAT PORTION OF TRACT GGG OF SAID PLAT LYING WITHIN 23.50 FEET ON
EACH SIDE OF THE CENTERLINE OF 122ND PLACE SE PLUS THE ENTIRE CUL-DE-SAC
AT THE SOUTHERLY END OF SAID 122ND PLACE SE (DEPICTED ON SHEETS 13 AND 16)
AND TOGETHER WITH THAT PORTION OF SAID TRACT GGG OF SAID PLAT (DEPICTED
ON SHEETS 16 AND 17) LYING TO THE SOUTH OF THE WESTERLY EXTENSION OF A
PARALLEL WITH AND 10.00 FEET TO THE NORTH OF THE SOUTH LINE OF LOT 21;
AND ALSO, THAT PORTION OF TRACT HHH OF SAID PLAT (DEPICTED ON SHEETS 18 AND
21) LYING WITHIN 23.500 FEET ON EACH SIDE OF THE CENTERLINE OF 121ST PLACE SE
AND TO THE NORTH OF THE WESTERLY EXTENSION OF A LINE OF LINE PARALLEL WITH
AND 5.00 FEET TO THE SOUTH OF THE SOUTH LINE OF LOT 100;
AND ALSO, THOSE PORTIONS OF TRACT A AND TRACT Q (DEPICTED ON SHEET 13),
TRACT JJ, TRACT TT AND TRACT OO (DEPICTED ON SHEET 20), TRACT WW (DEPICTED
ON SHEETS 17 AND 22) AND TRACTS NNN AND OOO (DEPICTED ON SHEET 25) OF SAID
PLAT
AND ALSO, THOSE PORTIONS OF LOTS 20, 21, 41, 42 (DEPICTED ON SHEET 16) AND LOT
32 (DEPICTED ON SHEET 13) OF SAID PLAT.
Page 108 of 132
24
Exhibit E-1
Quit Claim Form to Transfer Stormwater Facilities
AFTER RECORDING RETURN TO:
City of Kent
Public Works Department
Attn: Property Management
220 Fourth Avenue South
Kent, WA 98032
GRANTOR: City of Kent
GRANTEE: City of Auburn
LEGAL:
TAX ACCT #
REFERENCE: The Bridges Annexation
QUIT CLAIM DEED
The City of Kent, a Washington municipal corporation, as Grantor, for an in consideration
of mutual benefits, pursuant to City of Kent Resolution No. ________ and that certain
Interlocal Agreement between the City of Kent and the City of Auburn Relating to the
Annexation of the Bridges, recording number ______________________, does hereby
convey and quitclaim to the City of Auburn, a Washington municipal corporation, as
Grantee, and Grantee does hereby accept, those certain real property interests legally
described in the Attachment A, attached hereto and made a part of this Deed, together
with any after-acquired title which the Grantor may acquire; SUBJECT TO all rights,
conditions, covenants, obligations, limitations and reservations of record.
City of Kent
Dana Ralph, Mayor Date
City of Auburn
Nancy Backus, Mayor Date
Page 109 of 132
25
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Dana Ralph is the person
who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument as the
Mayor of the City of Kent and acknowledged it to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Nancy Backus is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument as the
Mayor of the City of Auburn and acknowledged it to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day
and year first above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
Page 110 of 132
26
Exhibit F
Legal Description of Water Utility Properties and Interest Retained by Kent
TRACT AAA, ALSO A PUBLIC WATER EASEMENT WITHIN TRACTS BBB, CCC, DDD, EEE,
FFF, GGG, HHH, III, JJJ, AND KKK OF BRIDGES, A PLANNED UNIT DEVELOPMENT, ALSO
THE WATERLINE EASEMENT RECORDED UNDER RECORDING NUMBER 20050401001754
AS SHOWN ON BRIDGES, A PLANNED UNIT DEVELOPMENT, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF
KING COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP
21 NORTH, RANGE 5 EAST, W.M.
Page 111 of 132
27
Exhibit G
Legal Description of Private Stormwater Facilities that Remain with HOA
PRIVATE STORM DRAINAGE EASEMENTS LOCATED WITHIN TRACT B (DEPICTED ON
SHEET 11), TRACTS H AND I (DEPICTED ON SHEET 12), TRACT Y (DEPICTED ON SHEETS
18 AND 19) TRACT TT (DEPICTED ON SHEETS 14 THROUGH 25),
AND ALSO, WITHIN LOTS 50 THROUGH 55, (DEPICTED ON SHEET 16)
LOTS 57, 58, 65 THROUGH 75 (DEPICTED ON SHEET 13),
LOTS 76 THROUGH 79 (DEPICTED ON SHEET 14),
LOTS 87, 88, 93, 94, 183 THROUGH 201 (DEPICTED ON SHEET 15 AND 18),
LOTS 216 THROUGH 232, 253 THROUGH 255 (DEPICTED ON SHEET 14),
LOTS 258, 259, 261 THROUGH 263, 264, 265 DEPICTED ON SHEET 12),
LOTS 326 THROUGH 330 (DEPICTED ON SHEET 10),
LOTS 362 THROUGH 364 (DEPICTED ON SHEET 11),
OF BRIDGES, A PLANNED UNIT DEVELOPMENT ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 245 OF PLATS, PAGES 1 THROUGH 38, RECORDS OF KING
COUNTY, WASHINGTON, LOCATED IN THE WEST HALF OF SECTION 4, TOWNSHIP 21
NORTH, RANGE 5 EAST, W.M.
Page 112 of 132
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5742 (Gaub)
Date:
October 4, 2023
Department:
Public Works
Attachments:
Res olution No. 5742
Grant Award and Agreement
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5742.
Background for Motion:
This Resolution would authorize the acceptance and administration of the Commute Trip
Reduction Formula Grant Award of $80,900 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. 5742 authorizes the acceptance and administration of the Commute Trip
Reduction (CTR) Formula Grant Award from the Washington State Department of
Transportation (WSDOT).
CTR is a state mandated program that 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 including the education and monitoring of all CTR
affected businesses within the City. CTR affected businesses are defined as a business with
100 or more employees who:
- Work 35+ hours per week, and
- Work at least 2 weekdays per week, and
- Are scheduled to begin work at a single worksite between 6am and 9am, and
- Are in a position intended for at lease 12 consecutive months.
Within Auburn, there are currently 12 businesses that are affected, however, this number is
subject to change.
Page 113 of 132
The CTR grant funding is allocated to the City by WSDOT for the CTR law within the City
limits and provides for the City's administration and implementation of the CTR program.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:October 16, 2023 Item Number:RES.D
Page 114 of 132
-----------------------------
Resolution No. 5742
October 9, 2023
Page 1
RESOLUTION NO. 5742
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 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 an $80,900 CTR formula grant for
the 2023-2025 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, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to accept and administer the WSDOT CTR
formula grant in the amount of $80,900.
Section 2. The Mayor is authorized to negotiate, enter, and administer
agreements and agreements amendments to spend the grant funds for the CTR Program,
and to implement other administrative procedures necessary to carry out the directives of
this legislation.
Page 115 of 132
-----------------------------
Resolution No. 5742
October 9, 2023
Page 2
Section 3. This Resolution shall take effect and be in full force upon passage and
signatures.
Dated and Signed this _____ day of _________, 2023.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
______________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
_____________________
Harry Boesche, Acting City Attorney
Page 116 of 132
June 23, 2023
Veronica Bean
City of Auburn
25 W Main Street
Auburn, WA 98001
Subject: 2023-2025 Commute Trip Reduction formula grant distribution
Dear Veronica Bean:
Congratulations! We are pleased to distribute your organization’s Commute Trip Reduction (CTR)
formula grant for the 2023-2025 biennium.
The Washington State Department of Transportation (WSDOT) is distributing CTR grant funding to 28
organizations across the state to assist regional transportation planning organizations, counties, cities,
and towns in implementing CTR plans.
Program Commute Trip
Reduction
Emergency Ride
Home Total Award
CTR formula distribution
for 2023-2025 $80,900 $80,900
The Transportation Demand Management Technical Committee determined your allocation of program
funds.
CTR formula funds are reimbursable for grant-related activities beginning July 1, 2023. Project
expenditures accrued prior to this date may not be charged to your award.
Matthew Cramer, community liaison, is your primary WSDOT contact, who will assist you with
all aspects of your project. You can reach Matthew at matthew.cramer@wsdot.wa.gov or 360-
905-2152 should you have questions or concerns.
We look forward to finalizing your grant agreement and funding your project so that we can help
you provide valuable services in your community. Again, congratulations!
Page 117 of 132
Veronica Bean
June 23, 2023
Page 2
Sincerely,
Jill Nordstrom, grants and community partnerships manager
Public Transportation Division
JN:dl
cc: Matthew Cramer, WSDOT
Firas Makhlouf, WSDOT
Evan Olsen, WSDOT
Ricardo Gotla, WSDOT
Page 118 of 132
WSDOT Contact:
Agreement Number Contractor:
Term of Project
Vendor #Contact:
Current Funds
$ 80,900
Total Project Cost 80,900$
Budget: Current Funds reflect total funding appropriated by the Washington
State Legislature for the Project in the 2023-2025 biennium.
Funds
Commute Trip Reduction (MMA)
Matthew Cramer
360-905-2152
cramema@wsdot.wa.gov
Commute Trip Reduction (CTR)
PTD0822
July 1, 2023 through June 30, 2025
City of Auburn
25 W Main Street
Auburn, WA 98001
Veronica Bean 253-398-7351
vbean@auburnwa.govSW000206900
THIS AGREEMENT, entered into by the Washington State Department of Transportation, hereinafter
“WSDOT,” and the Contractor identified above, hereinafter the “CONTRACTOR,” individually the
“PARTY” and collectively the “PARTIES.”
WHEREAS, RCW 70A.15.4000 through RCW 70A.15.4110 establishes the state’s leadership role,
and the requirements and parameters to reduce traffic congestion, fuel use, and air pollution through
commute trip reduction programs, including transportation demand management programs for growth
and transportation efficiency centers (“GTEC”) in Washington State; and
WHEREAS, the State of Washington in its Sessions Laws of 2023, Chapter 472 Section 221
authorizes funding for Public Transportation Program s and other special proviso funding as identified
in the budget through its 2023-2025 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 CONTRACTOR 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.
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Section 2
Purpose of Agreement
The purpose of this AGREEMENT is for WSDOT to provide funds to the CONTRACTOR for public
transportation services that meet the needs of persons in the State of Washington.
Section 3
Scope of Project
The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT’s Commute
Trip Reduction Guidebook, hereinafter referred to as the “Guidebook”, and any amendments
thereto, found at https://www.wsdot.wa.gov/transit/grants/apply-manage-your-grant , which by
this reference is fully incorporated herein.
B. The CONTRACTOR agrees that WSDOT, and/or any authorized WSDOT representative, shall
have not only the right to monitor the compliance of the CONTRACTOR 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
A. The CONTRACTOR agrees to submit to WSDOT an administrative work plan by the end of the
first quarter of this agreement or when the CONTRACTOR submits its first invoice, whichever is
sooner. The administrative work plan will include the following elements:
a. The work plan shall identify the deliverables, schedule, expected outcomes, performance
measures, and strategies associated with this AGREEMENT and other strategies as
defined in the approved and locally adopted CTR or GTEC 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,
CTR Work Plan 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 amended based on a mutual written agreement
between the WSDOT Project Manager and the CONTRACTOR.
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Section 7
CTR or GTEC Plan
The CONTRACTOR shall prepare and submit a local CTR and/or GTEC plan for each jurisdiction
supported by project funds. The plan will meet the standards defined in the “Guidance Document.”
Section 8
Survey Coordination
The CONTRACTOR agrees to coordinate with WSDOT and its contracting partners for Commute
Trip Reduction employer surveys.
Section 9
Database Updates
The CONTRACTOR agrees to provide WSDOT and the CONTRACTOR’s contracting partners
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 CONTRACTOR agrees to use State funds provided as part of this AGREEMENT in
accordance with incentives guidance that WSDOT shall provide to the CONTRACTOR.
Section 11
Coordination with Regional Transportation Planning Organizations (RTPO)
The CONTRACTOR shall coordinate the development and implementation of its CTR and/or
GTEC plan and programs with the applicable regional transportation planning organization
(RTPO). The CONTRACTOR agrees to notify the RTPO of any substantial changes to its plans
and programs that could impact the success of the regional CTR plan. The CONTRACTOR
agrees to provide information about the progress of its CTR and/or GTEC plan and programs to
the RTPO upon request.
Section 12
Project Records
The CONTRACTOR 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.
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Section 13
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 CONTRACTOR for
reimbursement. Failure to send in progress reports and financial information as required in
Section 16 – “Reports” may delay payment. The CONTRACTOR 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 CONTRACTOR shall submit an
invoice for completed work in the same state fiscal year in which it was incurred. Pursuant to RCW
43.88.020(12) “fiscal year” is defined as the year beginning July 1st and ending the following June
30th. Reimbursement requests must be received no later than July 15 of the following state fiscal
year. If the CONTRACTOR is unable to provide an invoice by this date, the CONTRACTOR shall
provide an estimate of the charges to be billed so WSDOT may accrue the expenditures in the
proper fiscal year. Any payment request received after the timeframe prescribed above will not be
eligible for reimbursement.
Section 14
Assignments and Subcontracts
A. The CONTRACTOR 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
CONTRACTOR 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 CONTRACTOR’s direct supervision.
B. The CONTRACTOR 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 15
Funding Distribution
The CONTRACTOR 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 and/or GTEC, plans as applicable, and as authorized by RCW 70A.15.4080, and by
ordinances adopted pursuant to RCW 70A.15.4020(5).
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Section 16
Reports
The CONTRACTOR shall prepare and submit quarterly, and annual program reports pursuant to
this agreement and as prescribed in WSDOT’s Transportation Demand Implementation
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. Post-grant annual performance
reporting may also be required as prescribed in the aforementioned guidebook.
Section 17
Implementation Plans
The CONTRACTOR 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 CONTRACTOR 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 and/or GTEC plans, and in compliance with applicable ordinances.
Section 18
Energy Credit
To the extent CONTRACTOR receives any monies from the sale or disposition of energy credits,
decarbonization credits, environmental credits, or any other monies through its participation in a
like program, CONTRACTOR agrees to reinvest those monies into services and projects
consistent with the STATE’S public transportation grant program. CONTRACTOR’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
No obligation by the state government
No contract between the CONTRACTOR 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 20
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 21
Ethics
A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any
loan, gratuity, or gift of money in any form whatsoever to any employee or officer of WSDOT, nor
shall CONTRACTOR knowingly rent or purchase any equipment and materials from any
employee or officer of WSDOT.
B. Employment of Former WSDOT Employees. The CONTRACTOR 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.
Section 22
Civil rights
The CONTRACTOR 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 23
Compliance with Laws and Regulations
A. The CONTRACTOR 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
CONTRACTOR will adhere to all applicable nondiscrimination provisions in chapter 49.60 RCW.
B. Additionally, the CONTRACTOR agrees to comply with the following:
a. SB 5974 Move Ahead Washington
b. RCW 70A.02 Healthy Environmental for All (HEAL) ACT, and
c. RCW 70A. 65.260 Climate Commitment ACT.
C. Except when a federal statute or regulation preempts state or local law, no provision of the
AGREEMENT shall require the CONTRACTOR 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 CONTRACTOR to violate state or local law, the CONTRACTOR agrees to
notify WSDOT immediately in writing. Should this occur, WSDOT and the CONTRACTOR
agree to make appropriate arrangements to proceed with or, if necessary, expeditiously,
terminate the AGREEMENT.
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Section 24
Environmental and Regulatory Requirements
The CONTRACTOR agrees to secure any necessary local, state, and federal permits and
approvals, and comply with all applicable requirements of Chapter 43.21C RCW State
Environmental Policy Act (SEPA). The CONTRACTOR agrees to comply with all applicable
requirements of Executive Order 21-02, Archaeological and Cultural Resources, for all capital
construction projects or land acquisitions not undergoing Section 106 review under the National
Historic Preservation Act of 1966 (Section 106).
Section 25
Accounting Records
The CONTRACTOR 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 26
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
CONTRACTOR’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
CONTRACTOR 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 CONTRACTOR must retain all records until the audit or litigation is
completed. The CONTRACTOR shall be responsible to assure that the CONTRACTOR and any
subcontractors of the CONTRACTOR 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 27
Labor Provisions
Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the
Project work which may require or involve the employment of laborers or mechanics shall require
or permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty (40) hours in such workweek CONTRACTOR will comply with all
applicable provisions of Title 49 RCW, Labor Regulations.
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Section 28
Changed Conditions Affecting Performance
The CONTRACTOR 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 funds have been used in a manner materially different from
Section 1, WSDOT may direct the CONTRACTOR to repay WSDOT the State-funded share of
the Project. WSDOT may also withhold payments should it determine that the CONTRACTOR
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 is 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 the CONTRACTOR’S receipt of WSDOT’s written decision, the
CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public
Transportation Division or the Director’s designee. The CONTRACTOR’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 CONTRACTOR and the CONTRACTOR shall abide by the
decision.
B. Performance During Dispute. Unless otherwise directed by WSDOT, CONTRACTOR shall
continue performance under this AGREEMENT while matters in dispute are being resolved.
Section 31
Termination
A. Termination for Convenience. WSDOT and/or the CONTRACTOR 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. In the case of partial termination WSDOT
and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but
not limited to the settlement terms, and conditions. 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 CONTRACTOR 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
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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 CONTRACTOR 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 CONTRACTOR; 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 CONTRACTOR for all costs payable under this AGREEMENT that the
CONTRACTOR properly incurred prior to termination. The CONTRACTOR shall promptly
submit its claim for reimbursement to WSDOT. If the CONTRACTOR has any property in
its possession belonging to WSDOT, the CONTRACTOR 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 CONTRACTOR, if the CONTRACTOR 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 CONTRACTOR
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 CONTRACTOR setting forth the manner
in which the CONTRACTOR is in default. If it is later determined by WSDOT that the
CONTRACTOR had an excusable reason for not performing, such as events which are not
the fault of or are beyond the control of the CONTRACTOR, such as a strike, fire or flood,
WSDOT may: (a) allow the CONTRACTOR to continue work after setting up a new delivery
of performance schedule, or (b) treat the termination as a termination for convenience.
C. WSDOT, in its sole discretion, may, in the case of a termination for breach or default, allow the
CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR. Any such termination for default shall not in any way operate
to preclude WSDOT from also pursuing all available remedies against CONTRACTOR and its
sureties for said breach or default.
D. In the event that WSDOT elects to waive its remedies for any breach by CONTRACTOR 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.
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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
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
hereto, provided, however, that changes to the Project title, UPIN, 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. WSDOT shall notify the
CONTRACTOR of any such approved revision in writing.
B. If an increase in funding by the funding source augments the CONTRACTOR’s allocation of
funding under this AGREEMENT, the CONTRACTOR 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.
C. If a reduction of funding by the funding source reduces the CONTRACTOR’s allocation of funding
under this AGREEMENT, the CONTRACTOR 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 reduction of funding.
Section 33
Recapture Provision
In the event that the CONTRACTOR 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 CONTRACTOR agrees to repay
such State Funds under this recapture provision within thirty (30) days of demand.
Section 34
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded
by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 35
Waiver
In no event shall any WSDOT payment of grant funds to the CONTRACTOR constitute or be
construed as a waiver by WSDOT of any CONTRACTOR 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 CONTRACTOR
constitute or be construed as a waiver by the CONTRACTOR of any WSDOT breach, or default
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which shall in no way impair or prejudice any right or remedy available to CONTRACTOR with
respect to any breach or default.
Section 36
Limitation of Liability and Indemnification
A. The CONTRACTOR shall indemnify, defend, 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 the execution of this AGREEMENT and/or the CONTRACTOR’s performance or
failure to perform any aspect of this AGREEMENT. This indemnity and defense provision applies
to all claims against WSDOT, its agents, employees, and officers arising out of, in connection with,
or incident to the negligent acts or omissions of the CONTRACTOR, its agents, employees,
officers, and subcontractors of any tier. Provided, however, that nothing herein shall require the
CONTRACTOR to indemnify, defend, and hold harmless or defend WSDOT, its agents,
employees, or officers to the extent that claims are caused by the sole negligent acts or omissions
of WSDOT, its agents, employees or officers; and provided further that if such claims result from
the concurrent negligence of (a) the CONTRACTOR its employees, agents, officers or
contractors and (b) the STATE, its employees or authorized agents, or involves those actions
covered by RCW 4.24.115, the indemnity and defense provisions provided herein shall be valid
and enforceable only to the extent of the negligence of the PARTY, its employees, officers,
authorized agents, and/or contractors. The indemnification and hold harmless provision shall
survive termination of this AGREEMENT.
B. The CONTRACTOR shall be deemed an independent contractor for all purposes, and the
employees of the CONTRACTOR or its subcontractors and the employees thereof, shall not in
any manner be deemed to be the employees of WSDOT.
C. The CONTRACTOR specifically assumes potential liability for actions brought by the
CONTRACTOR’s employees and/or subcontractors and solely for the purposes of this
indemnification and defense, the CONTRACTOR, by mutual negotiation, specifically waives any
immunity under the state Industrial Insurance Law, Title 51 Revised Code of Washington.
D. In the event either the CONTRACTOR or WSDOT incurs attorney’s 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 37
Agreement Modifications
Either PARTY may request changes to this AGREEMENT. Any changes to the terms of this
AGREEMENT must be mutually agreed upon and incorporated by written amendment to this
AGREEMENT. Such written amendment to this AGREEMENT shall not be binding or valid unless
signed by the persons authorized to bind from each of the PARTIES. Provided, however, that
changes to the federal award identification number, DUNS, project title, federal ID number, CFDA
number, milestones, PIN the contact person of either PARTY, or dollar amount changes that do
not affect the Project total cost, will not require a written amendment, but will be approved and
documented by WSDOT through an administrative revision. WSDOT shall notify the
CONTRACTOR of the revision in writing.
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Section 38
WSDOT Advice
The CONTRACTOR bears complete responsibility for the administration and success of the work
as it is defined in this AGREEMENT and any amendments thereto. Although the CONTRACTOR
may seek the advice of WSDOT, the offering of WSDOT advice shall not modify the
CONTRACTOR’s rights and obligations under this AGREEMENT and WSDOT shall not be held
liable for any advice offered to the CONTRACTOR.
Section 39
Venue and Process
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 Superior Court of the State of Washington situated in Thurston
County. The PARTIES agree that the laws of the State of Washington shall apply.
Section 40
Subrogation
A. Prior to Subrogation. WSDOT may require the CONTRACTOR to take such reasonable action
as may be necessary or appropriate to preserve the CONTRACTOR’s right to recover damages
from any person or organization alleged to be legally responsible for injury to the Project
Equipment as defined in the scope of work or other property in which WSDOT has a financial
interest.
B. Subrogation. WSDOT may require the CONTRACTOR to assign to WSDOT all right of recovery
against any person or organization for loss, to the extent of WSDOT’s loss. Upon assignment, the
CONTRACTOR shall execute, deliver, and do whatever else reasonably necessary to secure
WSDOT’s rights. The CONTRACTOR shall do nothing after any loss to intentionally prejudice the
rights of WSDOT.
C. Duties of the CONTRACTOR. If WSDOT has exercised its right of subrogation, the
CONTRACTOR shall cooperate with WSDOT and, upon WSDOT’s request, assist in the
prosecution of suits and enforce any right against any person or organization who may be liable
to WSDOT due to damage of Project Equipment. The CONTRACTOR shall attend hearings and
trials as requested by WSDOT, assist in securing and giving evidence as requested by WSDOT,
and obtain the attendance of witnesses as requested by WSDOT.
Section 41
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.
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Section 42
Counterparts
This AGREEMENT may be executed in several counterparts, each of which shall be deemed to
be an original having identical legal effect. The CONTRACTOR 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 43
Complete Agreement
This document contains all covenants, stipulations, and provisions agreed upon by the PARTIES.
No agent or representative of WSDOT or the CONTRACTOR has authority to make, and neither
WSDOT nor the CONTRACTOR shall be bound by or be liable for, any statement, representation,
promise or agreement not set forth herein or made by written amendment hereto.
Section 44
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.
Section 45
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 46
Execution
This AGREEMENT is executed by the Director, Public Transportation Division, State of
Washington, 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 State of
Washington, Department of Transportation, in the capacity as Director, Public Transportation
Division, or as a designee.
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Section 47
Agreement Close Out
The CONTRACTOR shall notify WSDOT if the AGREEMENT is completed prior to the end date
set forth in the caption header, “Term of Agreement”. A written notification needs to be provided
to WSDOT that the project is complete. WSDOT will prepare an amendment to modify the
AGREEMENT to reflect the actual amount spent and the Project completion date.
Section 48
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
CONTRACTOR
Brian Lagerberg, Director
Public Transportation Division
Authorized Representative
Title
Print Name
Date Date
City of Auburn
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