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09 26 2017 Agenda Packet (2)
AGENDA YELM CITY COUNCIL MEETING TUESDAY, SEPTEMBER 26, 2017 6:00 P.M. Website Viewing: Clicking on agenda items will open associated d resolutions, ordinances, etc. Note: some agenda items may not have attachments. Call to Order 1. Roll Call 2. Agenda Approval ACTION 3. Special Presentations- 4. Proclamation for National Voter Registration Day Public Comment present it to 5. the meeting recorder. Comment topics should not appear elsewhere agenda. Time (three minutes per speaker) and the number of speak are limited and may be adjusted to meet agenda requirements. Consent AgendaACTION 6. Minutes; Study Session September 5, 2017, Special Workshop September a. 11, 2017, Regular meeting September 12, 2017. Payables; Checks # b. Public Hearing- none scheduled 7. New Business 8. Resolution No. 581ACTION a. , Authorizing Investment of City of Yelm monies in the Local Government Investment Pool Presenter: Joe Wolfe, Finance Director Attachments: Staff Report, Resolution No. 581 Old Business- 9. Ordinances No.1029ACTION , Amending Yelm Municipal Code Title 3-Updating the a. Cumulative Reserve Fund policies Ordinance No. 1030ACTION , Authorizing the collection of REET II Ordinance No. 1031ACTION , Creating an Equipment, Rental & Revolving (ERR) Fund Department Updates- 10. Council and Mayor- 11. Councilmember Curry represents Yelm on the following committees. Thurston County Solid Waste Yelm Finance Department Advisory Committee (SWAC) Committee Yelm Public Safety Committee County Fire Authority Liaison Councilmember Carmody represents Yelm on the following committees. Intercity Transit Board Yelm Finance Department Committee Yelm Community & Economic Development Committee Councilmember Littlefield represents Yelm on the following committees. Yelm Community & Economic Development Committee Councilmember Stillwell represents Yelm on the following committees. Thurston County EDC Board Yelm Finance Department Committee Yelm Public Safety Committee Councilmember Wood represents Yelm on the following committees. Thurston Regional Planning Yelm Public Works Committee Transportation Council (TRPC) TComm 911 Admin Board Councilmember DePinto represents Yelm on the following committees. Thurston County Law and South Thurston Economic Justice Development Initiative group Yelm Public Safety Committee (STEDI) Yelm Community & Economic Development Committee Councilmember Hendrickson represents Yelm on the following committees. Thurston County EMS-Medic Yelm Emergency Operations OneBoard Yelm Public Works Committee Mayor Foster represents Yelm on the following committees. Yelm Community & Economic Yelm Finance Department Development CommitteeCommittee Yelm Public Works Committee Thurston Regional Planning Yelm Emergency Operations CouncilBoard South Sound Military and Nisqually River Council Community Partnership Community Investment Partnership (CIP) Executive Session- 12. no session scheduled Correspondence 13. (Correspondence is available upon request) Adjourn 14. Upcoming Meetings: Council Study Session, Tuesday, October 3, 2017, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, October 10, 2017, 6:00 pm, Public Safety Building Regular City Council Meeting, Tuesday, October 24, 2017, 6:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5.00 per CD (prepaid) fee is required. For information about obtaining a copy of the pedings, please call 360.458.8402. Public comments are welcome. However, in order to proceed with s items the allowable time per speaker is limited to 3 minutes and the number of speak limited to five. Comments during the public comment portion of t be associated with measures or topics appearing elsewhere on the not address topics for which public hearings have been conducted or are anticipated disabilities. If you are a person with a disability and in need accommodations to conduct business or participate in government processes or activities, please contact Lori Mossman, at 360.458.8402 at least four (4) working days prior to the scheduled event. The City of Yelm is an equal oppor employer. The Preliminary Agenda and Approved Council Minutes are available at . www.yelmwa.govFor information on the Americans with Disabilities Act and the T Statement, click this link http://www.ci.yelm.wa.us/human-resources/. Agenda Item 4 Presentations Agenda Item 6a Minutes Page 1 of 5 YELM CITY COUNCIL STUDY SESSION TUESDAY, SEPTEMBER 5, 2017 6:00 P.M. PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 p.m. 2. Present: ickson and Jennifer Littlefield. Absent: Molly Carmody and EJ Curry. Staff and citizens present: City Administrator Michael Grayum, P Bedlington, Police Chief Todd Stancil, Community Development Dir Clerk/HR Lori Mossman. 3. Discussion Items - a. Homelessness/Panhandling Lana Dalton, LCSW, Social Work Manager with the Salt Lake City P Health and Substance Abuse Unit was contacted via speaker phone. some of the programs that work in her area. She also spoke about programs. Much discussion followed amongst the Council and Mayor steps. Councilmember DePinto would like an ordinance that would money to the homeless. Chief Stancil had information for Council in the past regarding an Ordinance that would ban giving money t b. Study Session Prioritization Council discussed and prioritized the thirteen items on their ongoing list that they would like to discuss at an upcomin were removed and added based on relevancy and priority. with their subcommittees to discuss issues that pertain to their Council in the future. c. Community Garden Project Mayor Foster has met with a member of the community, Chris Black, that is interested in constructing a Community Gard garden would have very little financial impact to the City. It would be constructed and maintained by members of the community. There will be a Communit the Yelm Community Center on September 16, 2017. Council was in Garden Project. 4. Mayors Report Mayor Foster reminded the Council of the Council Workshop schedu for Monday, September 11, 2017, 5:00 pm 7:00 pm to discuss rates on utilities. There will be a Joint meeting with the Yelm Community Schools on Thursday, Yelm Community Center at 5:00 pm to discuss and collaborate on u 5. Council Updates Councilmember DePinto was contacted by a citizen that had concer installed in a new apartment complex and had concerns about it b Councilmember DePinto will get with the Community Development Di discuss. Adjourn 8:12 p.m. ____________________________ Attest: _______________________ JW Foster, Mayor Lori Mossman, City Cle These minutes record the official actions of the Yelm City Counc available on the city website at www.yelmwa.gov. Agenda Item 6a Minutes Page 2 of 5 YELM CITY COUNCIL SPECIAL WORKSHOP MONDAY, SEPTEMBER 11, 2017 5:00 P.M. PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 5:02 p.m. 2. Present: : Tad Stillwell, Joe DePinto, Tracey Wood, Russ Hendrickson, Jennifer Littlefield and Molly Carmody arrived at 5:16. Absent: Staff and citizens present: Public Works Director Chad Bedlingtoand City Clerk/HR Lori Mossman. City Administrator Michael Grayum arrived at 5:30. Fina arrived at 5:45 pm. Principal Angie Sanchez and Project Manager Sergey Tarasov from a presentation on water, sewer rates and Sewer System Developmen operating and maintenance costs, capital costs, existing debt ob projections, financial policies and targets to meet the needs of information and rate studies that would allow for capital improv also provided information for the council to decide the level of versus rate increases and the future needs for upgraded faciliti these facilities. The Council discussed different scenarios for be explored to mitigate any rate increases. This discussion will come back to Council at a future Study Session. Councilmember Carmody would like to discuss late fees and utilit this issue will be researched by the new Finance Director and a brought to council in the near future. Adjourn 6:32 p.m. ____________________________ Attest: _______________________ JW Foster, Mayor Lori Mossman, City Cle These minutes record the official actions of the Yelm City Counc available on the city website at www.yelmwa.gov. Agenda Item 6a Minutes Page 3 of 5 YELM CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 12, 2017 MINUTES PUBLIC SAFETY BUILDING 206 MCKENZIE AVE. YELM, WA 1. Mayor Foster called the meeting to order at 6:00 pm. 2. Roll Call Present: EJ Curry, Molly Carmody, Jennifer Littlefield, Tad Stillwell, Tracey Wood, Joe DePinto and Russ Hendrickson. Mayor Foster announced that Councilmember Carmody was excused f the last meeting. She had stated she would not be in attendance the meeting. 3. Agenda Approval Mayor Foster stated that Council would go into a 30-minute executive session right before the Public Hearing instead of at the end of meeting. 17-202 MOTION BY TRACEY WOOD APPROVING THE AGENDA WITH THE CHANGES TO THE EXECUTIVE SESSION. SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. 4. Special Presentations- none scheduled 5. Public Comment- Victoria Mattoon, City of Yelm resident would like to have the allowing fireworks in the city limits reduced. Ms. Mattoon also voiced concerns about the traffic volume and the speeding cars on West Road. 6. Consent Agenda a. Minutes Regular meeting August 22, 2017. b. Payables Checks # c. Interlocal Agreement between the City of Yelm and the Yelm Commu Schools for the collection, distribution, and expenditure of sch fees. 17-203 MOTION BY MOLLY CARMODY TO APPROVE THE CONSENT AGENDA. SECONDED BY EJ CURRY. MOTION CARRIED. At 6:15 pm, Mayor Foster announced that council would go into a 30 minute Executive Session for the purpose of discussing the proposals ma bargaining negotiating meetings. RCW 42.30.140(4) (a) (b). At 6:46 pm, Mayor Foster reconvened the meeting. 7. Public Hearing Ordinance No. 1027 Amending Chapter 13.10.050 YMC relating to Stormwater Management Utility. At 6:47 pm, Mayor Foster opened the Public Hearing. At 7:30 pm, Mayor Foster closed the Public Hearing. 8. New Business a. Cullens Road Overlay Bid Award 17-204 MOTION BY MOLLY CARMODY TO ADOPT ORDINANCE NO. 1027 WHEREBY CREATING NEW MONTHLY STORMWATER SERVICE CHARGE RATES TO 9-12-17 Agenda Item 6a Minutes Page 4 of 5 BEGIN JANUARY 1, 2018. MOTION SECONDED BY JENNIFER LITTLEFIELD. COUNCILMEMBERS WOOD AND DEPINTO VOTED NO. MOTION CARRIED. b. continuation of water rights. 17-205 MOTION BY TRACEY WOOD AUTHORIZING MAYOR FOSTER TO SIGN THE YELM WHEREBY AUTHORIZING MAYOR FOSTER TO ALLOW CONTINUATION OF WATER RIGHTS MITIGATION PARTICIPATION AND EFFORTS WITH OUR PARTNERS THE CITIES OF LACEY AND OLYMPIA. MOTION SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. c. Ordinance No. 1028, Amending Title 3 of the Yelm Municipal Code Policies 17-206 MOTION BY MOLLY CARMODY TO CONTINUE UNTIL THE NEXT MEETING (9-26) TO CLARIFY TERMINOLOGY. MOTION SECONDED BY TRACEY WOOD. MOTION CARRIED. 9. Old Business none scheduled 10. Department Updates- Michael Grayum updated the Council on the following: Staffing Updates - New Finance Director Joe Wolfe will start nex along with the new Senior Accounting Clerk Heidi MacDonald. Anth Sparkuhl is our newly hired Police Officer and PJ Palma is our n Officer. We will be creating a Playground Advisory Committee to discuss n playground equipment for the City Park. Yelm City Council has been invited to join the Yelm Community Sc Board on Thursday, September 14, 2017, 5:00 pm a the Yelm Commun Center to collaborate on issues. A short Course on Local Planning will be offered in Bucoda on Se 21, 2017. This is required training for elected officials. The Budget Plan will be coming out soon. Please plan on a meetin Tuesday in October to discuss the 2018 Budget. The 2018 Budget s be adopted by October 31, 2017. 11. Mayor and Council Initiatives Councilmember Carmody announced that she would be going to Atlanta, Georgia to attend a conference on behalf of Intercity Transit Au future. Councilmember Stillwell thanked Chad for the presentation and asked that it be put on our website for the public since the meeting was not reco Councilmember Wood attended the TComm 911 Admin Board meeting. 9-12-17 Agenda Item 6a Minutes Page 5 of 5 Councilmember Hendrickson attended the Yelm Emergency Operations Board meeting and announced there will be an Executive Seminar from 12 pm on Tilley Road. Mayor Foster met with Washington State US Fish and Wildlife to discuss the Mazama Pocket Gopher. Mayor Foster has continued the conversatio regional partners about the 510 alternate, which has been moved projects list with the state and should be completed by 2022. Th Permaculture Symposium at the Yelm Community Center on September 12. Executive Session no session scheduled. 13. Correspondence included 17-207 MOTION BY TRACEY WOOD TO ADJOURN, SECONDED BY RUSS HENDRICKSON. MOTION CARRIED. 14. Adjourned 8:05 pm. __________________________ Attest: _________________________ JW Foster, Mayor Lori Mossman, Cit These minutes record the official actions of the Yelm City Counc available on the city website at www.ci.yelm.wa.us. 9-12-17 Agenda Item 8a Resolution No 581, Local Government Investment Pool (LGIP) Page 1 of 3 City of Yelm STAFF REPORT To: Mayor J.W. Foster Yelm City Council From: Joseph Wolfe, Finance Director Date: September 22, 2017 for September 26, 2017 Meeting Subj: Resolution authorizing investment of City of Yelm monies Government Investment Pool (LGIP) Recommendation Approve Resolution authorizing City of Yelm to (continue to) par monies in the Local Government Investment Pool and designate Jos uthorize all amendments, changes, or alterations to the Form or any other documentation including the individuals to make contributions and withdrawals on behalf of t Background The Local Government Investment Pool was created to allow for sh for local governments that needed an investment option that allo liquidation. The City joined the LGIP and has maintained a bala million dollars. While recent years have not produced as positive returns like those in 2005-2007, they have maintained positive returns nonetheless. Current Situation We are currently a member of the LGIP however, due to recent sta administrators are requesting that we reaffirm our desire to par current finance director changes, or alterations to the Form or any other documentation i designation of other individuals to make contributions and withd governmental entity. 10/15/13 Res545 Page 1 of 1 Agenda Item 8a Resolution No 581, Local Government Investment Pool (LGIP) Page 2 of 3 RESOLUTION NO. 581 AUTHORIZING INVESTMENT OF CITY OF YELM MONIES IN THE LOCAL GOVERNMENT INVESTMENT POOL WHEREAS, pursuant to Chapter 294, Laws of 1986, the Legislature trust fund to be known as the public funds investment account (commonly referred to as the Local Government Investment Pool (LGIP)) for the contribution and withdrawal of money by an authorized governmental entity for purposes of investment by the Office of the State Treasurer; and WHEREAS, from time to time it may be advantageous to the authorized governmental entity, the City of Yelm, to contribute funds available for investment in the LGIP; and WHEREAS, the investment strategy for the LGIP is set forth in it procedures; and WHEREAS, any contributions or withdrawals to or from the LGIP made on behalf of the governmental entity shall be first duly authorized by the Yelm City Councilgoverning body or any designee of the governing body pursuant to this resolution. or a subsequent resolution; and WHEREAS the governmental entity will cause to be filed a certified copy of said resolution with the Office of the State Treasurer; and WHEREAS the governing body and any designee appointed by the governing body with authority to contribute or withdraw funds of the goverhas received and read a copy of the prospectus and understands the r investing in the LGIP; and WHEREAS, the governing body attests by the signature of its members that it is duly authorized and empowered to enter into this agreement, to d or withdrawal of governmental entity monies, and to delegate certain authority to make adjustments to the incorporated transactional forms, to the individuals designated herein. NOW THEREFORE, BE IT RESOLVED that the governing body does hereby authorize the contribution and withdrawal of governmental entitymonies in the LGIP in the manner prescribed by law, rule, and prospectus. BE IT FURTHER RESOLVED that the governing body has approved the Local Government Investment Pool Transaction Authorization Form (Form) ¦7·;7 Agenda Item 8a Resolution No 581, Local Government Investment Pool (LGIP) Page 3 of 3 Joseph Wolfe, Finance Director, and incorporates said form into this resolution by reference and does hereby attest to its accuracy. BE IT FURTHER RESOLVED that the governmental entity designates Joseph Wolfe, Finance Director, to authorize all amendments, changes, or alterations to the Form or any other documentation including the designation of other individuals to make contributions and withdrawals on behalf of the governmental entity. BE IT FURTHER RESOLVED that this delegation ends upon the writt by any method set forth in the prospectus, of the governing body that the authorized individual has been terminated or that his or her delegation has Office of the State Treasurer will rely solely on the governing suc such time as said notice has been provided. BE IT FURTHER RESOLVED that the Form as incorporated into this or hereafter amended by delegated authority, or any other documentation signed or otherwise approved by the authorized individual shall remain in except to the extent that the authorized individual whose delegation has been terminated shallnot be permitted to make further withdrawals or contributions to the LGIP on behalf of the governmental entity. No amendments, changes, or alterations shall be made to the Form documentation until the entity passes a new resolution naming a individual; and BE IT FURTHER RESOLVED that the governing body acknowledges that it has received, read, and understood the prospectus as provided by theOffice of the State Treasurer. In addition, the governing body agrees that a copy of the prospectus will be provided to any person delegated or otherwise authorized to make contributions o withdrawals into or out of the LGIP and that said individuals wi the prospectus prior to making any withdrawals or contributions withdrawals or contributions if authorizations are already in pl PASSED AND ADOPTED by the City Council of the City of Yelm, State of Washington on this 26 day of September, 2017. th _____________________ __________________________ J.W Foster, Mayor _____________________ __________________________ Lori Mossman, City Clerk ¦7·;7 Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 1 of 11 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Michael Grayum, City Administrator Date: September 7 (for September 26 City Council Meeting) Subj: Municipal Code Updates regarding Financial Polices w;-;7·z Adopt Ordinances 1029, 1030 and 1031 amending Title 3 of the Yel the Cumulative Reserve Fund polices, and to authorize the collection of REET II, and create an Equipment Rental & Revolving Fund. .-m©Ò7 Over the course of the previous year, Mayor Foster, the City Man of the Finance Committee has expressed interest in the need to c the City Budget rather than rely on cash on hand as the "reserve budgeting and transparency is one of the top priorities we ident Municipal Code establishes a Cumulative Reserve Fund, it has not and the code requires an update to fulfill the Council's desired intent to establish and utilize a true reserve fund. established, dedicated reserve to create more clarity and transp Ordinance 1029 would update the Cumulative Reserve Fund to enable legislation that should create this specific policy framework and achieve the shared int Council. The Ordinance 1030 authorizes the collection of the second one-quarter of one perc Estate Excise Tax as discussed by the Council as part of the Six Improvement Program and Wastewater Facilities Plan. REET II is d projects identified in the Yelm Comprehensive Plan, such as road wastewater plant upgrades.This is also a recommendation of Mayor Management team, and members of the Finance Committee. The following table summarizes the purposes for which REET fundi Council asked about the rate for other cities in Thurston County Page 1 of 3 Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 2 of 11 cities in Thurston County who are not collecting both REET 1 and projects. The rate collected from the sale of property in Yelm a collected for the sale of property in Bucoda, Lacey, Olympia, Ra Unincorp is .5, as seen on page 2 of the weblink from the Washin Revenue: https://dor.wa.gov/sites/default/files/legacy/Docs/forms/RealEst Finally, Ordinance 1031 establishes legislation for the creation of an Equipment Rental & Revolving (ER&R) Fund. An ER&R Fund is an enterprise fund estab aside funds in advance for normalize the purchase and maintenanc and to amortize the replacement costs of these expensive assets Page 2 of 3 Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 3 of 11 proposed enabling legislation would create the authority for the City to ca part of the 2018 budget process, if it chooses, proposed budget to City Council and is a recommendation of the M team and Finance Committee. /Ò©©;· {z·Ò·z The City Council Finance Committee met to review, discuss, and r Council adoption. During the first reading of these ordinances, considered individually. Ordinances 1029, 1030, and 1031 are included for the Council's s reading and are recommended for adoption. These policies are upd in a manner consistent with the Mayor and Council's shared visio for financial policies that increase clarity and transparency, a infrastructure to be included as part the adoption of the 2018 b h¦·z The City Council may: Amend the proposed Ordinances. Adopt the proposed Ordinances at the September 26th Council meet Take no action on the proposed Ordinances, which would result in City infrastructure, a dedicated and transparent reserve fund fo created, and a dedicated account for the consistent replacement dedicated revolving fund not being established. This option is n Page 3 of 3 Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 4 of 11 CYON.1029 ITY OF ELM RDINANCE O AN ORDINANCE of the City of Yelm amending the Financial Policies of Chapter 3.16 YMCto update the Cumulative Reserve Fund polices. WHEREAS, the Mayor, City Management, and Council Finance Committee of the City of Yelm have established a priority to create a more user-friendly, budget document; and WHEREAS, it is a shared priority to ensure City finances are clear and sustainable, and creating reserve fund policies are key to this effort; and WHEREAS, the City of Yelm desires to update the manner in which the Cumul Fund is managed and expended. NOW, THEREFORE, THE YELM CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1.Chapter 3.16 YMC, Cumulative Reserve Fund for General Municipal , is amended as follows: 3.16.010 Established. Pursuant to the authority contained in Section 35.21.070 RCW, There there is established a cumulative reserve fund for revenue stabilization for future operations for the City of Yelm for the purpose of temporary revenue losses to economic cycles or other time-related causes.for the city a cumulative reserve and urban development fund. 3.16.020 Accumulation of moneys. The moneys in the fund may be allowed to accumulate from year to the legislative authority of the city determines to expend the m for the purpose specified. The monies in the fund shall never b any purpose or purposes than those specified, without an approvi two-thirds majority of the members of the legislative authority of t. 3.16.030 Expenditure limitations. The monies deposited into this fund may come from various source. The expenditure of moneys from such fund shall be as determined time by action of the city council; provided, however, that mone for specific uses in the fund shall be expended for: A. Capital improvements, construction, alteration or repair of any public building or work, or the purchase of supplies, material and equi support of general municipal functions; Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 5 of 11 B.Urban renewal projects. 3.16.040 Transfer of funds from current expense investment account. Those moneys now maintained in the current expense investment account of the city are transferred to the cumulative reserve fund for general purposes. Section 2. If any provisions of this Ordinance or its application to any pe is held invalid, the remainder of the Ordinance or the applicatirovision to other persons or circumstances is not affected. Section 3. This Ordinance shall be in full force and effect and after its p publication as provided by law. PASSED by the City Council of Yelm this 26th Day of September, 2017. JW Foster, Mayor Authenticated: Lori Mossman, City Clerk PUBLISHED: Nisqually Valley News, October 6, 2017 EFFECTIVE DATE: October 11, 2017 Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 6 of 11 CYON.1030 ITY OF ELM RDINANCE O AN ORDINANCE of the City of Yelm amending the Financial Policies of Title 33 YMC to authorize the collection of REET II. WHEREAS, the Mayor, City Management, and Council Finance Committee of the City of Yelm have established a priority to create a more user-friendly, budget document; and WHEREAS, it is a shared priority to ensure City finances are clear and sustainable, and creating reserve fund policies are key to this effort; and WHEREAS, the City of Yelm desires to impose the Real Estate Excise Tax of one-quarter of one percent of the selling price as authorized at Section 82.46.035 RCW in order to fund critical infrastructure needs of the City. NOW, THEREFORE, THE YELM CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1.Chapter 3.52 YMC, Real Estate and Used Mobile Home Sales Tax, is amended as follows: 3.52.010 Imposition Rate. A. There is imposed a tax of one-quarter of one percent of the selling price on each sale of real property within the corporate limits of the city as authorized by Section 82.46.010 (2) RCW. B.There is imposed a further tax of one-quarter of one percent of the selling price on each sale of real property within the corporate as authorized by Section 82.66.035 (2) RCW 3.52.020 Taxable events. Taxes imposed herein shall be collected from persons who are tax state under Chapter 82.45 RCW and Chapter 458-61 WAC, as now or hereafter amended, upon the occurrence of any taxable event within the corporate limits of the city.. 3.52.030 Consistency with state tax and statutes. The taxes imposed herein shall comply with all applicable rules, and court decisions regarding real estate taxes as imposed by thder Chapter 82.45 RCW and Chapter 458-61 WAC. The provisions of those chapters, to the extent they are not inconsistent with this chapter, are i reference and shall apply as though fully set forth herein. Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 7 of 11 3.52.040 Distribution of tax proceeds Use limitations. A. The county treasurer shall place one percent of the proceeds of imposed herein and actually collected in the county current expe defray costs of collection. B.The remaining proceeds from city taxes imposed herein shall be distributed to the city monthly, and those taxes imposed under YMC 3.52.010 placed by the city clerk/treasurerFinance Directorin the municipal capital improvements fund, . and C. Proceeds from the city taxes imposed herein shall shall be used by the city for financing capital projects specified in a capital facilities pla ta comprehensive plan or housing relocation assistance pursuant 82.46.010 (2)(b) and 82.46.030 (4) RCW.local improvements including those listed in RCW 35.43.040. C. This section shall not limit the existing authority of the city assessments on property benefited thereby in the manner prescrib law. 3.52.050 Sellers obligation. The taxes imposed herein are the obligation of the seller and ma through the action of debt against the seller or in the manner p foreclosure of mortgages. 3.52.060 Lien provisions. The taxes imposed herein and any interest or penalties thereon are the specific lien upon each piece of real property sold, from the time of sal paid, which lien may be enforced in the manner prescribed for th mortgages. Such means of enforcement shall be deemed cumulative and not alternative, and the election to pursue either shall not preclud the other, or of both remedies, or of any other enforcement acti available in law or equity. 3.52.070 Payment and collection of tax Receipts and recording. The taxes imposed herein shall be paid to and collected by the t county within which is located the real property which was sold. treasurer shall act as agent for the city within the county collThe county treasurer shall cause a stamp evidencing satisfaction of affixed to the instrument of sale or conveyance prior to its rec real estate excise tax affidavit in the case of used mobile home Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 8 of 11 issued by the county treasurer for the payment of the tax imposed herein s be evidence of the satisfaction of the lien imposed in YMC 3.52. recorded in the manner prescribed for recording satisfactions of instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the county auditor for filing or recording until the stamp affixed thereto; in case the tax is not due on the transfe shall not be accepted until suitable notation of this fact is ma instrument by the county treasurer. 3.52.080 Date payable Penalty for late payment. The tax imposed hereunder shall become due and payable immediate time of sale, and if not so paid within 30 days thereafter, shal the rate of one percent per month from the time of sale until th payment. 3.52.090 Excessive and improper payments. If, upon written application by a taxpayer to the county treasur appears a tax has been paid in excess of the amount actually due or upon a sale or other transfer declared to be exempt, such excess amount or i payment shall be refunded by the county treasurer to the taxpaye that no refund shall be made unless the state has first authoriz an excessive amount or an improper amount paid, unless such impr was paid as a result of miscalculation. Any refund made (to the same be attributable to earlier overpayments to the city), shallthheld from the next monthly distribution to the city. Section 2. If any provisions of this Ordinance or its application to any pe is held invalid, the remainder of the Ordinance or the application other persons or circumstances is not affected. Section 3. This Ordinance shall be in full force and effect and after its p publication as provided by law. PASSED by the City Council of Yelm this 26th Day of September, 2017. JW Foster, Mayor Authenticated: Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 9 of 11 Lori Mossman, City Clerk PUBLISHED: Nisqually Valley News, October 6, 2017 EFFECTIVE DATE: October 11, 2017 Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 10 of 11 CYON.1031 ITY OF ELM RDINANCE O AN ORDINANCE of the City of Yelm amending the Financial Policies of Title 3 YMCto create an Equipment Rental & Revolving Fund. WHEREAS, theMayor, City Management, and Council Finance Committee of the City of Yelm have established a priority to create a more user-friendly, budget document; and WHEREAS, it is a shared priority to ensure City finances are clear and sustainable, and creating reserve fund policies are key to this effort; and WHEREAS, the Mayor and Council believe that important and costly tools relied staff, such as vehicles, equipment, and computer networking and desktop systems, should be planned and budgeted in advance, and replaced on a predictable ae; and WHEREAS, the City of Yelm desires to create an Equipment Rental and Reser. NOW, THEREFORE, THE YELM CITY COUNCIL DOES ORDAIN AS FOLLOWS: Section 1. A new Chapter 3.68 YMC, Equipment Rental and Revolving Fund, is hereby adopted as follows: Section 3.68.010 Established There is established a fund to be known as the equipment rental fund, to be used for the expenditures for salaries, wages and operations required for the repair, replacement, purchase and operation of vehicles and other portable equipment which the City shall decid and replace through this fund. Section 3.68.020 Authorization The equipment rental and reserve fund created in this section sh supervised by the Finance Director and administered by the City their designee. Section 3.68.030 Scope of Equipment managed by the Fund A. All motor vehicles and other portable equipment of the various departments of the City shall be transferred to the equipment rental and res directed by the Finance Director. B.All computer, electronic and other portable office equipment of departments of the City shall be transferred to the equipment rental and reserve fund as directed by the Finance Director. Agenda Item 9a Ordinances 1029, 1030, and 1031 Financial Policies Amending Yelm Municipal Code Title 3 Page 11 of 11 Section 3.68.040 Financial Management of the Fund A. The charges for the use of equipment shall be sufficient to cove maintenance, operation and replacement of such equipment and the for the rental thereof shall be as determined by the Finance Dir approved by the adoption of the annual budget. Such rental rate reviewed and, if needed, revised to meet changing costs of maint operation and replacement. B.There shall be kept, as directed by the Finance Director, such b accounts and records as are necessary to control and report the operations of the equipment rental and reserve fund. Within the shall be kept separate accounts for operation and maintenance an depreciation reserve account for replacement of equipment in thi C. All monies deposited in the equipment rental and reserve fund an expended as provided in this chapter shall remain in the fund fr year to year and shall not be transferred to any other fund or expended other purpose. D. If, at any time hereafter, the City Council shall abolish the eq and reserve fund, then all monies on deposit therein shall rever deposited in the several funds and departments participating in th Section 2. If any provisions of this Ordinance or its application to any pe is held invalid, the remainder of the Ordinance or the applicati other persons or circumstances is not affected. Section35. This Ordinance shall be in full force and effect and after its p publication as provided by law. PASSED by the City Council of Yelm this 26th Day of September, 2017. JW Foster, Mayor Authenticated: Lori Mossman, City Clerk PUBLISHED: Nisqually Valley News, October 6, 2017 EFFECTIVE DATE: October 11, 2017