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HomeMy WebLinkAboutOrd 2427 - Reenact TMC Chapter 3.80 "Equipment Rental and Replacement Fund"City of Tukwila Washington Ordinance No. 2427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1309, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.80; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 3.80 AS "EQUIPMENT RENTAL AND REPLACEMENT FUND" TO UPDATE COVERED EQUIPMENT AND METHOD OF REPLACEMENT FUNDING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to state law, RCW 35.21.088, every city having a population of more than 8,000 shall establish an equipment rental fund; and WHEREAS, the City of Tukwila desires to fund for replacement of City vehicles and related equipment; and WHEREAS, the City desires to establish replacement criteria and an orderly schedule of replacing necessary City vehicles and related equipment; and WHEREAS, an update is required to accurately reflect current policies and practices; NOW THEREFORE, THE CITY COUNCIL OF THE WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Chapter 3.80 read as follows: CITY OF TUKWILA, is hereby reenacted to CHAPTER 3.80 EQUIPMENT RENTAL AND REPLACEMENT FUND Sections: 3.80.010 Established 3.80.020 Purpose of Fund 3.80.030 Sources of Revenue 3.80.040 Rental Rates 3.80.050 Administration 3.80.060 Reporting and Review W: Word Processing \Ordinances \Equipment Rental and Replacement Fund 11 -21 -13 GL:bjs Page 1 of 4 Section 2. TMC Section 3.80.010 is hereby reenacted to read as follows: 3.80.010 Established The fund is to be known as the Equipment Rental and Replacement (ER &R) Fund, pursuant to RCW 35.21.088, for the purpose of operations, supplies, repairs, maintenance, and replacement of the City's vehicles and related equipment. Section 3. TMC Section 3.80.020 is hereby reenacted to read as follows: 3.80.020 Purpose of Fund The purpose of the Equipment Rental and Replacement Fund shall be for the control, operation, and maintenance of the City's fleet equipment, and for the rental of such equipment to the various City departments at rates sufficient to meet the costs of operation and to provide funds for acquisition and replacement of covered equipment. Equipment in the ER &R Fund must have a replacement value of at least $5,000. All City vehicles will be included, as well as other equipment that meets the value threshold and requires maintenance by the Public Works Department's Fleet Division. Section 4. TMC Section 3.80.030 is hereby reenacted to read as follows: 3.80.030 Sources of Revenue A. The Equipment Rental and Replacement Fund shall obtain its funding by any of the following: 1. Direct appropriation in the biennial budget; 2. Budget transfer made by ordinance from other funds of the City; 3. From proceeds received from the rental of any equipment owned by the fund to other departments, offices, or funds of the City. This shall include transfers from other funds or direct payment of amounts received for the use of such equipment on reimbursable projects performed by the City; 4. From the sale of any equipment in the ER &R Fund. B. The funds included in the Equipment Rental Fund for the origination of the system were detailed in City of Tukwila Ordinance No. 1309, as well as calculations related to valuations of the existing equipment at the time of the creation of the Equipment Rental Fund. W: Word Processing \Ordinances \Equipment Rental and Replacement Fund 11 -21 -13 GL:bjs Page 2 of 4 Section 5. TMC Section 3.80.040 is hereby reenacted to read as follows: 3.80.040 Rental Rates A. The administrator of the ER &R Fund or designee shall establish a schedule of reasonable rental rates and other charges sufficient to cover the maintenance, operation, and replacement of the equipment. The rates shall take into consideration the costs of operating supplies, maintenance expenses, insurance, depreciation, and other direct and indirect costs. There shall be a contingency for the purpose of adding additional equipment and replacement of old equipment, including shop and administrative equipment and other items that may be reasonable or necessary in the operation of the ER &R Fund. B. The annual equipment replacement charge will be determined by dividing estimated years of life into the estimated purchase price and charging the home unit on a monthly basis. Shared equipment may be charged on a pro rata share basis. C. Replacement exceptions occur when the replacement item is over 10 percent of the estimated cost. The home unit is then responsible to fund the difference or, if an addition to the fleet is proposed, the home unit will fund the entire initial purchase. Departments will also have the ability to set aside funds for future purchases, enhancing the ability to plan for additional capital equipment fleet requirements. These processes will be accomplished through the ER &R transfer procedures. Section 6. TMC Section 3.80.050 is hereby reenacted to read as follows: 3.80.050 Administration The Public Works Department will maintain the assigned equipment and provide the detailed records for the equipment replacement plan. All labor, materials, repairs, replacements and other costs will flow through this system and provide the basis for reporting. In addition, because this is a proprietary fund, it will be maintained in a manner similar to the Water and Sewer Funds. Reconciliation with the Finance Department will occur annually by the last day of February, following the close of the fiscal year. Section 7. TMC Section 3.80.060 is hereby created to read as follows: 3.80.060 Reporting and Review An equipment replacement plan will be approved in each adopted budget. Criteria for replacement will vary depending on fleet management best practices, type of equipment, and meeting the operational needs of the home unit. Section 8. Repealer. Ordinance No. 1309 is hereby repealed. W: Word Processing \Ordinances \Equipment Rental and Replacement Fund 11 -21 -13 GL:bjs Page 3 of 4 Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this CfT/-f day of Dpf 0 M..hp ^ , 2013. ATTEST /AUTHENTICATED: Christy O'FI ferty, MMC, City C -r Haggerton, APPROVED AS TO FO BY: Filed with the City Clerk: J )- 7 -a Passed by the City Council: i - i-I }� Published: i .)- h1-.L' Effective Date: L,..- i) -1.3 Ordinance Number: ALIN-7 Off' e of the City Atto W: Word Processing \Ordinances \Equipment Rental and Replacement Fund 11 -21 -13 GL:bjs Page 4 of 4 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2427 -2428. On December 9, 2013 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2427: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1309, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.80; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 3.80 AS "EQUIPMENT RENTAL AND REPLACEMENT FUND" TO UPDATE COVERED EQUIPMENT AND METHOD OF REPLACEMENT FUNDING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2428: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1017 AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 2.30; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 2.30 AS "TUKWILA ARTS COMMISSION" TO UPDATE THE TERMS OF MEMBERSHIP AND REESTABLISH A MUNICIPAL ARTS FUND; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: December 12, 2013