ORD 10-669ORDINANCE NO. 10-669
AN ORDINANCE of the City of Federal Way, Washington, relating
to Reflecting the Change of Government to the Mayor-Council in the
Federal Way Revised Code; amending FWRC Sections 1.05.020;
1.15.160; 1.15.080; 1.30.040; 1.35.050; 2.05.060; 2.29.050; 2.29.070;
2.45.020; 2.45.050; 2.45.080; 2.50.040; 2.55.010; 2.55.030;2.55.040;
2.60.060; 2.65.050; 2.70.030; 2.80.050; 2.85.030; 3.05.010; 3.10.020;
3.20.020; 3.35.090; 3.45.030; 3.50.010; 3.50.020; 3.50.030; 3.50.040;
3.50.080; 3.50.090; 3.50.100; 3.50.110; 3.50.120; 3.50.130; 3.50.140;
3.50.150; 3.50.160; 3.50.170; 3.50.1 S0; 3.50.190; 3.50.200; 3.50.210;
3.50.220; 3.50.230; 3.50.240; 3.50.250; 3.50.260; 3.50.270; 3.50.280;
3.50.290; 3.50.300; 3.50.310; 3.50.320; 3.50.330; 3.50.340; 3.50.350;
3.50.360; 3.50.380; 3.50.390; 6.10.110; 6.50.050; 7.03.020; 8.15.090;
8.30.040; 12.25.090; 19.40.050; 19.60.030; 19.80.050; 19.95.090;.
(Amending Ordinance Nos. 90-597;07-560; 99-342; 92-150; 93-190;
89-05; OS-494; OS-484; O1-397; 99-339; 07-567; 98-308; 96-258; OS-501;
91-84; 90-72; 96-281; 90-72; 92-139; 92-141; 95-253; 03-439; 91-93;
09-600; 02-432; 07-562; 96-262; 95-257; 89-12; 89-07; 91-121; 90-25;
93-196; 08-584; 09-539; 93-182; 91-89; 09-596; 09-593; 03-456; O1-393;
03-449; 00-364; 96-259; 93-177; 90-29; 91-110; 90-62; 97-291; 09-594;
97-291; 90-43; 02-426; 99-337; and 95-249)
WHEREAS, the City of Federal Way, Washington was formed in February 1991 as a
noncharter code city under Chapter 35A.13 RCW, Council-Manager form of government; and
WHEREAS, a petition sufficient in form and signatures was previously filed with the
City Clerk of the City of Federal Way petitioning that the City of Federal Way abandon its
Chapter 35A.13 RCW noncharter code city Council-Manager ("Council-Manager") form of
government and reorganize as a Chapter 35A.12 RCW noncharter code city Mayor-Council
("Mayor-Council") form of government; and
WHEREAS, pursuant to Resolution No. 09-554, the issue of reorganization was
submitted to the registered voters of the City of Federal Way in a general election held on
November 3, 2009; and
WHEREAS, the King County Elections Office has certified the November 3, 2009,
Ordinance No. 10-669 Page 1 of 35
election results to the City of Federal Way showing that a majority of the votes casted were in
favor of reorganization of the City of Federal Way as a Mayor-Council form of government; and
WHEREAS, pursuant to said election results the City of Federal Way shall abandon its
current Council-Manager form of government and reorganize as a Mayor-Council form of
government as provided in RCW 35A.06.060; and
WHEREAS, the reorganization of the City of Federal Way as a Mayor-Council form of
government shall not take effect until the election, qualification and assumption of office under
RCW 35A.020.050 of the Mayor under the Mayor-Council form of government, and
WHEREAS, the Federal Way Revised Code should be modified to delete all references
to the city manager as that position will no longer exist under the Mayor-Council form of
government.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section l. FWRC 1.05.020 is hereby amended to read as follows:
1.05.020 Definitions.
The definitions in this section apply throughout the Code unless the context clearly requires
otherwise or they are more specifically defined in a title, chapter, subchapter, or section. Terms
not defined shall be given their usual meaning.
"Abate" means to repair, replace, remove, destroy, or otherwise remedy a condition which
constitutes a violation of this Code by such means and in such a manner and to such an extent
as the applicable department director, enforcement officer, or other authorized official
determines is necessary in the interest of the general health, safety, and welfare of the
community.
"Act" means doing or performing something.
"Applicant" means a person who, whether personally or through an agent, seeks, requests,
submits, or applies for any permit, approval, license, franchise, development proposal, or
capacity reserve certificate (CRC); and also a person who is the owner of a property in the city
of Federal Way who is engaged, whether personally or through an agent, in development.
"Applicant" includes both the principal and any agent.
"City" means the city of Federal Way, Washington, and shall extend to and include its officers,
agents, and employees.
Ordinance No. 10-669 Page 2 of 35
"City council" or "council" means the city council of the city of Federal Way, Washington,
acting in its official capacity.
"Civil violation" means a violation for which a monetary penalty may be imposed, except
traffic infractions.
"Code" means the Federal Way Revised Code (FWRC), and includes any valid ordinances
adopted by the city even though they have not been codified.
"Costs" means, but is not limited to, contract expense and city employee labor expense
incurred in abating a nuisance; a rental fee for city equipment used in abatement; costs of
storage, disposal, or destruction; legal expenses and attorneys' fees associated with civil judicial
enforcement of abatement orders or in seeking abatement orders; and any other costs incurred
by the city excluding, however, fees and expenses associated with appeals authorized by this
Code or by state law.
"County" means King County, Washington.
"Curb" means a eement, concrete, or asphaltic concrete raised structure designed to
delineate the edge of the street and to separate the vehicular portion from that provided for
pedestrians.
"Development" means any human activity consisting of any construction, expansion,
reduction, demolition, or exterior alteration of a building or structure; any use, or change in use,
of a building or structure; any human-caused change to land whether at, above, or below
ground or water level; and any use, or change in use, of land whether at, above, or below
ground or water level. "DevelopmenY' includes, but is not limited to, any activity that requires a
permit or approval under zoning ordinances, subdivision ordinances, building code ordinances,
critical areas ordinances, all portions of a shoreline master program, surface water ordinances,
planned unit development ordinances, binding site plan ordinances, and development
agreements; including but not limited to any activity that requires a building permit, grading
permit, shoreline substantial development permit, conditional use permit, special use permit,
zoning variance or reclassification, subdivision, short subdivision, urban planned development,
binding site plan, site development, or right-of-way use permit. "DevelopmenY' also includes, but
is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, butkheading,
driving of piling, placing of obstructions to any right of public use, and the storage of equipment
or materials.
"Development regulation" means controls placed on development or land uses, but does not
include decisions to approve a project permit application even though they may be expressed in
a resolution or ordinance.
"Emergency" means a situation which in the opinion of the applicable department director or
decision maker requires immediate action to prevent or eliminate an immediate threat to the
health, welfare, or safety of persons, property, or the environment.
"Enforcement official" or "enforcement officer" means any official designated by ordinance or
by the � mavor to enforce the provisions of the Code or a section or sections of the
Code and includes the city building official, city code enforcement officers, and law enforcement
officers.
"Highway"includes any street, alley, square, bridge, viaduct, tunnel, underpass, overpass,
causeway, or public place in the city dedicated or devoted to public use.
"Knowledge" means being aware of a fact or circumstance or having information which would
lead a reasonable person in the same situation to believe a fact or circumstance exists. A
person acts knowingly or with knowledge when that person either is aware of one or more facts,
circumstances, or results described by an ordinance defining an offense; or the person has
information which would lead a reasonable person in the same situation to believe that facts,
circumstances, or results exist which are described by an ordinance defining an offense.
Ordinance No. 10-669 Page 3 of 35
"Month" means a calendar month.
"Oath" includes an affirmation where, by law, an affirmation may be substituted for an oath,
and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and
"affirmed."
"Occupant" means any person occupying or having possession of property or any portion
thereof.
"Omission" means a failure to act.
"Owner" as applied to a building or land includes any part owner, joint owner, tenant in
common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of
such building or land.
"Person" means one or more individuals, firms, partnerships, corporations, sole
proprietorships, trusts, incorporated or unincorporated associations, clubs, societies, marita{
communities, joint ventures, governmental entities, agencies, or other entities or groups of
persons, however organized.
"Personal property" includes every species of property except real property.
"Property" includes real, personal, and mixed property.
"Proprietor" includes any person whether acting by themselves or through a servant, agent, or
employee.
"Public p/ace" means any place that is in common use by, or expressly or impliedly open to,
the public, whether owned or operated by public or private interests, and includes but is not
limited to any street, right-of-way, parking area, sidewalk, plaza, playground, school ground,
park, cemetery, lake, stream, public conveyance, or business establishment open to the public.
"RCW" means the Revised Code of Washington.
"Real property" includes lands, tenements, and hereditaments.
"Right-of-way" means land owned, dedicated or conveyed to the public or a unit of
government, used primarily for the movement of vehicles or pedestrians and providing for
access to adjacent parcels, with the secondary purpose of providing space for utility lines and
appurtenances and other devices and facilities benefiting the public. "Right-of-way" includes, but
is not limited to, any street, easement, sidewalk, or portion thereof under the jurisdiction of the
city.
"Sidewalk" means any hard-surfaced walkways within a right-of-way between the portion of
the road designed or ordinarily used for vehicular travel and the adjacent property line, intended
for the use of, or ordinarily used by, pedestrians or bicycles, including driveways.
"Signature"or "subscription"means the act of writing or affixing in any way a person's name
or mark, whether personally or by direction or adoption, or the result of such act.
"State" means the state of Washington.
"Street" means any streets, avenues, boulevards, roads, alleys, lanes, viaducts, and all other
public ways in the city.
"Tenant"or "occupant"as applied to a building or land includes any person holding a written
or oral lease of, or who occupies the whole or part of, such building or land, either alone or with
others.
"Violation" means an act or omission contrary to a provision or regulation of the Code,
including but not limited to any development regulations; all standards, regulations, or
procedures adopted pursuant to the Code; and the terms and conditions of any permit or
approval issued pursuant to the Code; and includes any act or omission at the same or different
locations by the same person.
"Written" or "in writing" includes any representation of words, letters, or figures, whether by
printing or otherwise.
Ordinance No. 10-669 Page 4 of 35
Section 2. FWRC 1.15.080 is hereby amended to read as follows:
1.15.080 Abatement and additional enforcement procedures.
(1) Abatement by city. The city may perform the abatement required upon noncompliance
with the terms of an unappealed notice and order, a voluntary correction agreement, or a final
order of the hearing examiner. The city may utilize city employees or a private contractor under
city direction to accomplish the abatement. The city, its employees and agents using lawful
means are expressly authorized to enter upon the property of the violator for such purposes.
(2) Recovery of costs. The city shall bill its costs, including incidental expenses, of abating the
violation to the person obligated to perform the work under the notice and order, voluntary
correction agreement or the hearing examiner's decision, which costs shall become due and
payable 30 days after the date of the bill. The term "incidenta! expenses" shall include, but not
be limited to, personnel costs, both direct and indirect, including attorneys' fees incurred by the
city; costs incurred in documenting the violation; the actual expenses and costs to the city in the
preparation of notices, specifications and contracts, and in inspecting the work; and the cost of
any required printing and mailing. The ' mayor or designee, or the hearing examiner,
may in his or her discretion waive in whole or part the assessment of any costs of abatement
upon a showing that abatement has occurred or is no longer necessary, or that the costs would
cause a significant financial hardship for the responsible party. The city may authorize the use
of coflection agencies to recover costs. The city attorney is authorized to collect the costs by use
of appropriate legal remedies.
(3) Obstruction with work prohibited. No person shall obstruct, impede or interFere with the
city, its employees or agents, or any person who owns or holds any interest or estate in any
property in the performance of any necessary act, preliminary or incidental to carrying out the
requirements of a notice and order to correct, voluntary correction agreement, or order of the
hearing examiner issued pursuant to this chapter. A violation of this provision shall constitute a
misdemeanor.
(4) Report to city council and hearing on cost of abatement. Where costs are assessed under
this section and the person responsible fails to pay within the 30-day period, the enforcement
official shall prepare a written itemized report to the city council showing the cost of abatement,
including rehabilitation, demolition, restoration or repair of such property, including such salvage
value relating thereto plus the amount of any outstanding penalties.
(a) A copy of the report and a notice of the time and date when the report shall be heard
by the city council shall be served on the person responsible for payment at least five days prior
to the hearing before the city council.
(b) The city council shall review the report and such other information on the matter as it
receives and deems relevant at the hearing. The city council shall confirm or revise the amounts
in the report, authorize collection of that amount or, in the case of a debt owed by a property
owner, authorize placement of an assessment lien on the property as provided herein.
(5) Assessment lien. Following the hearing and authorization by the city council, the city clerk
shall certify to the county treasurer the confirmed amount. The county treasurer shall enter the
amount of such assessment upon the tax rolls against the property for the current year and the
same shall become a part of the general taxes for that year to be collected at the same time and
with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for
delinquent taxes, and when collected to be deposited to the credit of the general fund of the city.
The lien shall be of equal rank with the state, county and municipal taxes. The validity of any
assessment made under the provisions of this chapter shall not be contested in any action or
proceeding unless the same is commenced within 15 calendar days after the assessment is
placed upon the assessment roll.
Ordinance No. 10-669 Page 5 of 35
(6) Additional remedies. Unless otherwise precluded by law, the provisions of this chapter
may be used in lieu of or in addition to other enforcement provisions, including, but not limited
to, other provisions in this Code, the use of collection agencies, or other civil actions including
injunctions.
Section 3. FWRC 1.15.160 is hereby amended to read as follows:
1.15.160 Improvement officer and appeals commission designated.
(1) The city of Federal Way hearing examiner is designated as the city's improvement officer,
and shall have the full scope of authority granted to that official under Chapter 35.80 RCW
except that the city building official, or his or her designee, shall provide all administrative
functions such as the inspection of buildings, or portions thereof, for the purpose of determining
whether any conditions exist which render such buildings dangerous or unfit pursuant to FWRC
1.15.170.
(2) The city of Federal Way ' mayor, or his or her designee, is designated as the
city's appeals commission, and shall have the full scope of authority granted to that commission
under Chapter 35.80 RCW.
Section 4. FWRC 1.30.040 is hereby amended to read as follows:
1.30.040 Initiative procedure by city clerk and city attorney.
Upon filing of the proposed initiative measure, the city clerk shall assign a number to each
such initiative petition and transmit one copy of the measure proposed, bearing such number, to
the city council, the ��a�mavor, and to the city attorney. Within five days after the
receipt of the initiative measure and this request, the city attorney shall issue a determination as
to the appropriateness of the topic of the initiative measure as defined by this ordinance. In the
event the initiative measure is determined valid pursuant to this ordinance, and within 14 days
after the receipt of an initiative measure, the city attorney shall formulate therefor and transmit to
the city clerk, the city council, the ^���� m � n � nor m ayor, and the individual or group proposing
such a measure, an initiative statement in the form of a question containing the essential
features of the measure.
Section 5. FWRC 1.35.050 is hereby amended to read as follows:
1.35.050 Pre-annexation concomitant agreement.
(1) Purpose. The intent of a pre-annexation concomitant agreement is to create a process to
promote diversity and creativity in site design and to protect and enhance natural and
community features. The process is provided to encourage unique developments that may
combine a mixture of residential, commercial, office and industrial uses. By using flexibility in the
provisions of a pre-annexation concomitant agreement, this process will promote developments
that will benefit the citizens that live and/or work within the city.
(2) Application process — General description. The application process includes an informal
review process, State Environmental Policy Act compliance, review by the city's long-range
planning division and annexation review committee ("committee") and public hearings before the
city council.
(3) Committee defined. The city's annexation review committee shall consist of at a minimum:
Mayor, planning manager, public works director, development services manager,
parks director and city attorney.
Ordinance No. 10-669 Page 6 of 35
(4) Informal review process. An applicant shall meet informally with the committee to discuss
any proposed pre-annexation concomitant agreement. The purpose of the meeting is to develop
a proposal that will meet the needs of the applicant and the objectives of the city as defined in
this chapter.
(5) SEPA. The State Environmental Policy Act regulations, and city SEPA requirements shall
be completed prior to formal review by the long-range planning division and the committee.
(6) Concomitant review. After informal review and completion of the SEPA process, the
proposals shall next be reviewed by the city's long-range planning division and the committee.
(7) Recommendation to city council. The planning manager shall prepare a recommendation
to the city council on the proposed pre-annexation concomitant agreement, which
recommendation shall incorporate the comments of the committee.
(a) Decisional criteria. The recommendation shall be guided by the following criteria:
(i)(A) The proposed pre-annexation concomitant agreement shall have a beneficial
effect upon the community and users of the development which would not normally be achieved
by traditional application of city zoning districts and shall not be detrimental to existing or
potential surrounding land uses as defined by the comprehensive plan.
(B) Benefits may include, but are not fimited to, the securing of annexation of
properties:
(I) Located on critical transportation corridors;
(II) Of historical significance;
(III) Of environmental significance;
(IV) Or to preserve an existing significant land use or community.
(ii) Unusual environmental features of the site shall be preserved, maintained and
incorporated into the design to benefit the development in the community.
(iii) The proposed pre-annexation concomitant shall provide for areas of openness
by using techniques such as clustering, separation of building groups, and use of well-designed
open space and/or landscaping.
(iv) It is consistent with the comprehensive plan.
(v} It is consistent with the public health, safety and welfare.
(b) Content. The recommendation to council shall include any conditions or restrictions
that the committee determines are reasonably necessary to eliminate or minimize any
undesirable effects of approving the pre-annexation concomitant application. In addition, the
recommendation shall include:
(i) A statement recommending approval, modification or denial of the application.
(ii) Any conditions or restrictions that are imposed.
(iii) The identification of the existing Federal Way zoning designation most
compatible to the terms of the concomitant, which the concomitant shall overlay.
(iv) A statement of facts that support the decision, including any conditions and
restrictions that are imposed.
(v) A statement of the conclusions based on those facts.
(vi) A statement of the criteria used in making the recommendation.
(vii) The date of the recommendation.
(8) Council action. Council action shall be as described in FWRC 1.35.040(2), (3) and (4).
Section 6. FWRC 2.05.060 is hereby amended to read as follows:
2.05.060 Determination of exctusion.
The determination of whether an official or employee shall be afforded a defense by the city
under the terms of this chapter shall be made by the city council on the recommendation of the
mayor. The decision of the city council shall be final as a legislative determination
Ordinance No. 10-669 Page 7 of 35
and shall be based upon a finding that the claim or suit against an official or employee meets or
does not meet the criteria of this chapter. Nothing in this section shall preclude the city from
undertaking an officer or employee's defense under a reservation of rights. The determination
as to whether to furnish a defense as provided under this chapter to a member or members of
the city council shall be made without the vote of such member of the city council unless the
inclusion of such member or members is required for a quorum; provided, that if a claim or
lawsuit affects a quorum or greater number of the members of the city council, all such affected
members shall retain their voting privileges under this section.
Section 7. FWRC 2.29.050 is hereby amended to read as follows:
2.29.050 Municipal judge.
(1) Appointment. Within 30 days after the effective date of the ordinance codified in this
chapter, the ^�+„ m � n � nor mayor shall appoint a municipal judge, who shall commence work on
or about December 15, 1999, and who shall work less than a full-time equivalent as defined in
RCW 3.50.055 as it now exists or may hereafter be amended. Pursuant to RCW 35A.13.080,
this appointment is subject to confirmation by the city council.
(2) Term. The municipal court judge shall serve a term of two years, with the initial
appointment of the judge under this chapter expiring December 31, 2001. On or before
December 1, 2001, the ' mayor shall make an appointment of a judge for a term
commencing January 1, 2002, and expiring December 31, 2005; provided, that the judicial
position continues as a less than full-time equivalent position as defined in RCW 3.50.055 as it
now exists or may hereafter be amended. Effective January 1, 2006, the municipal court judge
shall be a full-time elected position of 40 hours per week. The relevant election will be held
during the general election in the fall of 2005. The term length and frequency of elections will
proceed as required under RCW 3.50.050 as it now exists or may hereafter be amended.
(3) Judicial qualifications. At the time of the appointment or election, the person appointed or
elected shall be qualified for the position of municipal judge under city rules as the city council
may adopt by resolution or ordinance and state statutes, such as RCW 3.50.040 and 3.50.050.
(4) Additional judges. Additional full- or part-time municipal judge positions will be filled in
accordance with RCW 3.50.055 and 3.50.070 as they now exist or may hereafter be amended,
when in the judgment of the ��a�mayor and/or the city council, as applicable, the public
interest and the administration of justice makes such additional judge or judges necessary.
(5) Judges pro tem. The municipal court judge shall, in writing, appoint judges pro tem who
shall serve in absence, disability, or disqualification of the regular judge of the municipal court,
subsequent to the filing of an affidavit of prejudice, or when the administration of justice and the
accomplishment of the work of the court make it necessary. A pro tem judge's term of
appointment shall also be specified in writing. The judges pro tem shall receive such
compensation as is received, on an hourly basis, by the municipal judge, or as otherwise fixed
by resolution or by the ordinances of the city. The judges pro tem shall meet the qualifications
required for the position of judge of the municipal court as provided herein. Before entering upon
judicial duties, each judge pro tem shall take, subscribe, and file an oath in the same form as
that of the duly appointed municipal judge, and thereafter shall have all of the powers of the
appointed municipal judge. When deemed necessary, the municipal court judge may make a
temporary appointment of a judge pro tem, to preserve an individual's rights according to law, or
to respond to emergency circumstances, effective for up to one week.
(6) Vacancy. Any vacancy in the municipal court due to death, disability, or resignation of a
judge shall be filled by the ^�+�� ^ for the remainder of the unexpired term. The
Ordinance No. 10-669 Page 8 of 35
appointment shall be subject to the confirmation of the city council. The appointed judge shall be
qualified to hold the position of judge of the municipal court as provided in this section.
(7) Removal. During the term of his or her appointment or election, a municipal court judge
shall be removed only upon conviction of misconduct or malfeasance in office, or because of
physical or mental disability rendering the judge incapable of performing the duties of the office;
provided, that a municipal court judge is also subject to disciplinary actions by the commission
on judicial conduct and the Supreme Court, as described in Chapter 2.64 RCW.
(8) Oath. Every judge of the municipal court, before entering upon the duties of the office,
shall take and subscribe the following oath or affirmation:
I do solemnly swear (or affirm) that I will support the Constitution of the United States
and the Constitution of the State of Washington, and that I will faithfully discharge the
duties of the office of judge of the Municipal Court of the City of Federal Way, according
to the best of my ability.
The oath shall be filed in the office of the King County auditor and with the Federal Way city
clerk.
(9) Bonds. Every municipal court judge shall give such bonds to the state and city for the
faithful perFormance of the judge's duties as may be required by law or city ordinance.
(10) Compensation. Pursuant to RCW 3.50.080, the compensation for the municipal court
judges shall be set by the city councif by ordinance. Commencing January 1, 2006, the annual
salary shall be $115,911.40, which is 95 percent of district court judges' salary, and shall be
maintained thereafter at 95 percent of the district court judges' salary as set by the State Salary
Commission. The municipal court judge shall receive the same benefits as the nonrepresented
city employees.
Section 8. FWRC 2.29.070 is hereby amended to read as follows:
2.29.070 Court operation.
As part of anv budqetarv presentation the Presidinq Judqe and/or desiqnee will provide the
Mavor and or designee a suqqested budqet for the court as part of the budqetinq process. The
Mavor and/or designee will consider the court's suqqested budqet as part of the Mavor's budaet
recommendation ^^ ��^h �� ��'^°+ to the city council. The
bi-a�al budget for the municipal court shall be approved by the city council. All employees of
the municipal court shall, for all purposes, be deemed employees of the city. They shall be
subject to applicable provisions of city personnel guidelines, and state laws, such as RCW
3.50.080.
Section 9. FWRC 2.45.020 is hereby amended to read as follows:
2.45.020 Creation — Appointment.
There is hereby created a police civil service commission, consisting of five members who
shall be appointed by the ' mayor to exercise the powers and perform the duties
established by this chapter and by state law as set forth in Chapter 41.12 RCW in connection
with the selection, appointment, promotion, demotion and employment of employees of the
police department. Two alternate commissioners shall be appointed to the civil service
Ordinance No. 10-669 Page 9 of 35
commission by the e�a�a�mavor. The police chief shall be exempted from civil service, as
well as a number of additional positions, designated as the unclassified service, as selected by
the police chief with the concurrence of the ^�+�� m°^°^°rmayor and the civil service commission
as provided for in RCW 42.12.050. Volunteers, reservists, part-time, or seasonal employees of
the police department shall be exempted from civil service. The commissioners shall serve
without compensation; provided, however, that they may be reimbursed for expenses incurred
in service as a commissioner.
Section 10. FWRC 2.45.050 is hereby amended to read as follows:
2.45.050 Removal.
Any commissioner or alternate commissioner may be removed from o�ce for incompetency,
incompatibility, dereliction of duty, malfeasance in office, or other good cause; provided,
however, that no commissioner or alternate commissioner shall be removed until: (1) charges
have been filed, in writing; (2) the commissioner or alternate commissioner has been personally
served with a written notice of charges against him or her and with a notice of hearing; and (3)
after a full hearing has been convened before the Federat Way city council. The charging party
in all such actions shall be the ^���� ^�°^°^°rmayor. Should any commissioner or alternate
commissioner be incapacitated, resign from, or be removed from office, then the si�
�eFinayor shall appoint a successor to that position for the remainder of the unexpired
term.
Section 1 l. FWRC 2.45.080 is hereby amended to read as follows:
2.45.080 Secretary-chief examiner.
The secretary-chief examiner authorized by RCW 41.12.040 shall be appointed by the
commission from among qualified city employees selected and recommended by the c�
�a�►a�e�mavor.
Section 12. FWRC 2.50.040 is hereby amended to read as follows:
2.50.040 Officers — Staff — Operation.
The arts commission shall elect its officers, including a chair and vice chair and such other
officers, as it may deem necessary. Such officers shall occupy their respective offices for a
period of one year. The �a�mayor shall appoint appropriate staff to assist the arts
commission in the preparation of its reports and records as are necessary for the operation of
the arts commission. The arts commission shall operate in accordance with its duly adopted
bylaws.
Section 13. FWRC 2.55.010 is hereby amended to read as follows:
2.55.010 Created.
The human services commission is hereby created. The commission shall serve in an
advisory capacity to the city council and si�y�aaaa�mayor.
Section 14. FWRC 2.55.030 is hereby amended to read as follows:
Ordinance No. 10-669 Page 10 of 35
2.55.030 Organization and meetings.
The human services commission shall elect a chair and vice chair from among its voting
members. Such officers shall hold office for one year. The ^�+�� ^�°^°^°rmayor shall appoint
appropriate staff to assist the human services commission in the preparation of such reports
and records as are necessary for the proper operation of the commission. The human services
commission shall meet upon call of the chair, as necessary, in accordance with the bylaws for
the commission.
Section 15. FWRC 2.55.040 is hereby amended to read as follows:
2.55.040 Duties and responsibilities.
The human services commission shall make reports and recommendations to the city council
and ^���� m°^�^°rmavor concerning human services issues including:
(1) Development and assessment of human services in the city.
(2) Determination of priorities of human service needs within the city.
(3) Evaluation and recommendation on funding requests submitted to the city.
(4) Evaluation and review of the performance of individual human service organizations and
agencies.
(5) Review of city actions which may affect the availability and quality of human service
provision in the city.
(6) Coordination with other groups and human services planning agencies and organizations,
such as the United Way and the South King Council of Human Services.
Section 16. FWRC 2.60.060 is hereby amended to read as follows:
2.60.060 Staff support.
The ^�+., m°^°^°�mayor shall appoint appropriate staff as he or she deems appropriate to
assist the youth commission in the preparation of its reports and records as are necessary for
the operation of the commission.
Section 17. FWRC 2.65.050 is hereby amended to read as follows:
2.65.050 Officers.
The city diversity commission shall elect its officers, including a chair and vice chair and such
other officers as it may deem necessary. Such officers shall occupy their respective offices for a
period of one year. The ^�+., m°^°ry°rmayor shall appoint appropriate staff as he or she deems
appropriate to assist the commission in the preparation of its reports and records as are
necessary for the operation of the commission. The commission shall operate in accordance
with its duly adopted bylaws.
Section 18. FWRC 2.70.030 is hereby amended to read as follows:
2.70.030 Membership.
(1) Appointment. Board members are to be appointed or elected as provided by RCW
41.26.110, and this chapter. The board shall consist of five voting members as follows:
(a) Two members from the Federal Way city council to be appointed by the mayor,
subject to approval by the Federal Way city council;
(b) One law enforcement officer; and
Ordinance No. 10-669 Page 11 of 35
(c) Two members from the public at targe who have been a resident of the city for at
teast one year immediately preceding such appointment, and who are electors of the county in
which they reside, to be appointed by the other three members appointed pursuant to
subsections (1)(a) and (b) of this section.
(d) In addition to the voting members, the si��a�mayor may serve, or he may
appoint an employee of the city to serve, as an ex officio member without authority to vote. The
ex officio member shall serve at the will of the ^�+�� ^
(e) The board shall elect from its membership a chair who shall serve a one-year term.
(2) Compensation. The board members shall receive no compensation for their service, but
shall be reimbursed for all reasonable expenses incidental to such service in the manner and
amount provided for employees of the city.
Section 19. FWRC 2.80.050 is hereby amended to read as follows:
2.80.050 Operation.
(1) The independent salary commission shall elect a chair and vice chair from among its
voting members. Such officers shall hold office for two years. The independent salary
commission may from time to time establish and publish rules of procedure for the e�cient and
fair conduct of its business, consistent with state law and city ordinance.
(2) The �a�mayor shall appoint appropriate staff to assist the independent salary
commission in preparation of its reports and records as are necessary for the proper operation
of the commission.
(3) The independent salary commission shall keep a written record of its proceedings, which
shall be a public record all in accordance with state law, and shall actively solicit public
comment at all meetings which shall be subject to the Open Public Meetings Act pursuant to
Chapter 42.30 RCW.
(4) The independent salary commission shall meet at least once in 2003 and in each even
year thereafter to consider whether or not to review and/or adjust existing salaries. This meeting
shall occur no later than April 30th, in any given year, and the commission shall review and, if it
so determines, amend and file its schedule of salaries with the city clerk no later than May 31st.
If necessary, the commission will also meet upon any other call by the chair, the mayor or by the
majority vote of the city council.
(5) Three members shall constitute a quorum, and the votes of three members shall be
sufficient for the decision of all matters and the transaction of all business to be decided or
transacted by the independent salary commission.
Section 20. FWRC 2.85.030 is hereby amended to read as follows:
2.85.030 Officers.
The city parks and recreation commission shall elect its officers, including a chair and vice
chair and such other officers as it may deem necessary. Such officers shall occupy their
respective offices for a period of one year. The si�y-�a�mavor shall appoint appropriate
staff as he or she deems appropriate to assist the commission in the preparation of its reports
and records as are necessary for the operation of the commission. The commission shall
operate in accordance with its duly adopted bylaws.
Ordinance No. 10-669 Page 12 of 35
Section 21. FWRC 3.05.010 is hereby amended to read as follows:
3.05.010 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Director" means the management services director or other person designated by the si#�
�e�m aVOr .
Section 22. FWRC 3.10.020 is hereby amended to read as follows:
3.10.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Cab/e service" means:
(1) A system providing service pursuant to a franchise issued by the city under the Cable
Communications Policy Act of 1984 Public Law No. 98-549, 47 USC Section 521, as it may be
amended or superseded; or
(2) Any system that competes directly with such franchised system by employing antennas,
microwave, wires, wave guides, coaxial cables, or other conductors, equipment or facilities
designed, constructed or used for the purpose of:
(a) Collecting and amplifying local and distant broadcast television signals and
distributing and transmitting them;
(b) Transmitting original cablecast programming not received through television
broadcast signals; or
(c) Transmitting television pictures, film and videotape programs not received through
broadcast television signals, whether or not encoded or processed to permit reception by only
selected receivers.
"Cable service" shall not include television entities that are subject to charges as commercial
TV stations under 47 USC Section 158.
"Cellular telephone service" means a two-way voice and data telephone/telecommunications
system based in whole or substantially in part on wireless radio communications and which is
not subject to regulation by the Washington Utilities and Transportation Commission (WUTC).
This includes cellular mobile service. The definition of cellular mobile service includes other
wireless radio communications services such as specialized mobile radio (SMR), personal
communications services (PCS) and any other evolving wireless radio communications
technology which accomplishes the same purpose as cellular mobile service.
"Competitive telecommunication service" means the providing by any person of
telecommunications equipment or apparatus, or service related to that equipment or apparatus
such as repair or maintenance service, if the equipment or apparatus is of a type which can be
provided by persons that are not subject to regulation as telephone companies under RCW Title
80 and for which a separate charge is made.
"Designated official" means an agent or employee designated by the ^�+., m � r»nor mavor.
"Gross income" means the value proceeding or accruing from the sale of tangible property or
service, and receipts (including all sums earned or charged, whether received or not), by reason
of the investment of capital in the business engaged in, including rentals, royalties, fees, or
other emoluments, however designated (excluding receipts or proceeds from the use or sale of
real property or any interest therein, and proceeds from the sale of notes, bonds, mortgages, or
Ordinance No. 10-669 Page 13 of 35
other evidences of indebtedness, or stocks and the like), and without any deduction on account
of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid,
or any expense whatsoever, and without any deduction on account of losses, including the
amount of credit losses actually sustained by the taxpayer whose regular books or accounts are
kept upon an accrual basis.
"Network telecommunication service" means the providing by any person of access to a local
telephone network, ►ocal telephone network switching service, toll service, or coin telephone
services; or the providing of telephonic, video, data, pagers, or similar communication or
transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or
similar communication or transmission system. "Network telecommunication service" includes
interstate service, including toll service, originating from or received on telecommunications
equipment or apparatus in this state if the charge for the service is billed to a person in this
state. "Network telecommunication service" does not include the providing of competitive
telecommunication service, the providing of cable television service, nor the providing of
broadcast services by radio or television stations.
"Solid waste" means garbage, trash, rubbish, or other materials discarded as worthless or not
economically viable for further use. The term does not include hazardous or toxic waste, and
does not include yard waste or material collected primarily for recycling or salvage.
"Telecommunication business" means the business of providing network telecommunication
service, as defined in this section. It includes cooperative or farmer line telephone companies or
associations operating an exchange.
"Telecommunication service" means competitive telecommunication service or network
telecommunication service, or both, as defined in this section.
"Telecommunications company" includes every corporation, company, association, joint stock
association, partnership and person, their lessees, trustees or receivers appointed by any court
whatsoever, and every city or town owning, operating or managing any facilities used to provide
telecommunications for hire, sale, or resale to the general public within this state.
Section 23. FWRC 3.20.020 is hereby amended to read as follows:
3.20.020 Administration — Collection.
Pursuant to RCW 82.29A.080, the ' mayor shall enter into a contract with the
State Department of Revenue for the administration and collection of such tax.
Section 24. FWRC 3.35.090 is hereby amended to read as follows:
3.35.090 Inspection of records — Agreement with Department of Revenue.
The city consents to the inspection of such records as are necessary to qualify the city for
inspection of records of the Department of Revenue, pursuant to RCW 82.32.330. The c�
+�a�a�mayor is authorized to enter into an agreement with the Department of Revenue for the
administration of the tax.
Section 25. FWRC 3.45.030 is hereby amended to read as follows:
3.45.030 Biennial budget — Mid-biennial review and modification.
Ordinance No. 10-669 Page 14 of 35
(1) Establishment of two-year biennium budget. Pursuant to RCW 35A.34.040, the city
council hereby establishes a two-year biennium budget for the city of Federal Way, beginning
with the two-year biennium which begins January 1, 1997. The 1997-1998 biennial budget and
all subsequent budgets shall be prepared, considered and adopted under the provisions of this
ordinance and Chapter 35A.34 RCW which is hereby adopted by reference.
(2) Mid-biennial review and modification. Pursuant to RCW 35A.34.130, the city council
hereby provides for a mid-biennial review and modification of the biennial budget. No sooner
than eight months after the start of the first year of the fiscal biennium, nor later than the first
regularly scheduled city council meeting in November of the first year of each biennial budget,
the ���mavor shall prepare proposed budget modifications to be effective as of
January 1 st of the following year. Such proposed modifications shall be sent to city
councilmembers and shall be a public record and available to the public. A public hearing shall
be advertised at least once and shall be held at a city council meeting no later than the second
Tuesday in December and may be continued from time to time. At such hearing or thereafter,
council may consider a proposed ordinance to carry out such modifications, which such
ordinance shall be subject to other provisions of Chapter 35A.34 RCW.
Section 26. FWRC 3.50.010 is hereby amended to read as follows:
3.50.010 Risk management fund.
There is hereby established a fund known as the risk management fund as follows:
(1) Purpose. This fund is to provide the vehicle for financial administration of the city's
comprehensive risk management/self-insurance program. This fund shall be used to provide
self-insurance or to purchase additional insurance coverage against risks covered by the city's
insurance policies, and to provide self-insurance against such other risks as the city council may
from time to time designate by council resolution. The risks covered by the self-insurance
program shall be those risks covered by the city's purchased insurance policies together with
such other risks as may be designated by council resolution. This fund shall be used to pay all
other insurance/risk management oriented expenditures, including costs and expenses of
defending the city, its officials and its employees against claims covered by the program. The
persons and entities covered under the self-insurance program shall be those persons and
entities covered under the city's purchased insurance policies. This fund shall be used to pay
claims the amounts of which are lower than the dollar level at which the city's purchased
insurance policies provide coverage. It shall also be used to accumulate reserves for the
payment of future claims. Risk management functions include unemployment compensation;
workmen's compensation; property, casualty and general liability; and medical and dental, and
similar functions.
(2) Revenue sources. Monies may be paid into this fund from time to time from various city
operating funds as insurance premiums, just as the city would pay private insurance carriers
premiums for insurance coverage. Fund revenues may also include interest earnings, operating
transfers and other revenue sources as may be designated by the city council.
(3) Fund administration. The ' mayor or his or her designee.
Section 27. FWRC 3.50.020 is hereby amended to read as follows:
3.50.020 Arterial street fund.
There is hereby established an arterial street fund as follows:
Ordinance No. 10-669 Page I S of 35
(1) Purpose. This fund is established to receive and disburse all monies received by the city
as distributions, pursuant to RCW 46.68.100(2), of the motor vehicle fuel taxes imposed by the
state. These revenues are to be used exclusively for the construction, improvement, chip
sealing, seal-coating, and repair of arterial highways and city streets as those terms are defined
in RCW 46.04.030 and 46.04.120; or for the payment of any municipal indebtedness which may
be incurred for the above-noted expenditures related to arterial highways and city streets.
(2) Revenue sources. Motor vehicle fuel tax distributions pursuant to RCW 46.68.100(2),
interest earnings, and other revenue sources as may be authorized by the city council.
(3) Fund administration. The si#��mayor or his or her designee.
Section 28. FWRC 3.50.030 is hereby amended to read as follows:
3.50.030 General fund.
There is hereby established a general fund, as authorized by RCW 35A.37.010 and
35.37.010, as follows:
(1) Purpose. To account for all receipt and disbursement transactions associated with
ordinary city operations that are to required to be accounted for in another fund.
(2) Revenue sources. Tax and general revenue supported. Examples include property taxes,
local sales taxes, franchise fees, gambling taxes, liquor taxes, business taxes, fines and
forfeitures, license fees, permits, recreation fees and miscellaneous other revenues that support
general government operations.
(3) Fund administration. The �'+�aaa�mavor or his or her designee.
Section 29. FWRC 3.50.040 is hereby amended to read as follows:
3.50.040 Street fund.
There is hereby established a street fund as follows:
(1) Purpose. Accounts for the receipt and disbursement of state-levied unrestricted motor
vehicle fuel taxes which must be accounted for in a separate fund and expended for planning,
engineering, construction and maintenance related to city streets, sidewalks and
appurtenances, including pedestrian and bicycle paths, lanes and routes.
(2) Revenue sources. Specific revenue sources shall include, but not be limited to,
unrestricted motor vehicle fuel taxes, transportation related fees and permits, interest earnings
and such other sources as may be authorized by the city council.
(3) Fund administration. The �a�a�mayor or his or her designee.
Section 30. FWRC 3.50.080 is hereby amended to read as follows:
3.50.080 Real estate excise tax fund — First.
There is hereby established a fund known as the first 0.25 percent real estate excise tax fund
as follows:
(1) Purpose. For the receipt and disbursement of the 0.25 percent real estate excise tax
authorized by RCW 82.46.010, and dedicated for capital purposes defined in RCW 35.43.040.
Such expenditures include public buildings and facilities, parks and debt service associated with
such capital oriented projects.
(2) Revenue sources. One-quarter of one percent real estate excise tax authorized by RCW
82.46.010, and other revenues that may be authorized by the city council.
(3) Fund administration. The ^�+�� m° � °ry°r mayor or his or her designee.
Ordinance No. 10-669 Page 16 of 35
Section 31. FWRC 3.50.090 is hereby amended to read as follows:
3.50.090 Real estate excise tax fund — Second.
There is hereby established a fund known as the second 0.25 percent real estate excise tax
fund as follows:
(1) Purpose. For the receipt and expenditure of the additional 0.25 percent real estate excise
tax authorized by the Growth Management Act (RCW 82.46.035). These revenues are restricted
to financing capital projects specified in a capital facilities plan.
(2) Revenue sources. Second 0.25 percent real estate excise tax authorized by RCW
82.46.035 and other revenue sources as may be authorized by the city council.
(3) Fund administration. The ^�fi m°^°^°rmavor or his or her designee.
Section 32. FWRC 3.50.100 is hereby amended to read as follows:
3.50.100 Miscellaneous government grants.
There is hereby established a fund known as the miscellaneous government grants as
follows:
(1) Purpose. A project fund established in which to place monies from designated federal,
state or county grants, or grants from other sources, approved, accepted and assigned to this
fund by the city council. Any city monies required for any such grant shall also be placed in this
fund. Such monies shall be used for the purposes specified by the terms of each such individual
grant.
(2) Revenue sources. Grants from various government and nongovernmental agencies, city
contributions, or other revenue sources as may be authorized by the city council.
(3) Fund administration. The �a�age�mayor or his or her designee shall maintain a
separate record of accounts showing the receipts and disbursements of each and every grant
assigned to this fund: The department assigned, by the terms of the city's acceptance of such
grant, to administer any program or activity financed wholly or in part by the grant financially
controlled by this fund, shall approve all expenditures therefrom and shall maintain such records
and documents, and prepare such reports as may be required by the grantor agency or the city
council.
(4) Other general/financial information.
(a) Projects established. Individual grant projects shall be established in the fund, based
on council authorization and/or acceptance. Fund appropriations shall not tapse at the end of
any calendar year but shall remain in effect until the grant project is completed. Administrative
housekeeping projects may be established by the finance director.
(b) Financing. The grant fund is hereby authorized to borrow monies from time to time
from other city funds in amounts necessary to effectuate the purposes of such fund.
Authorization for each such loan shall be made by the ' mavor or his or her
designee. Such authorization shall be given only when the lending fund has su�cient resources
to make the loan, which shall be determined by the finance director. Such loans shall be without
interest unless interest is required by law, and shall be repaid when there no longer exists a
financing need within such fund. Where interest is required by law, the finance director shall
designate the appropriate rate.
Section 33. FWRC 3.50.110 is hereby amended to read as follows:
Ordinance No. 10-669 Page 17 of 35
3.50.110 Community development block grant fund.
There is hereby established a fund known as the community development block grant fund as
follows:
(1) Purpose. A project fund established in which to place monies from designated federal
grants received through the department of housing and urban development's community
development block grant program, approved, accepted and assigned to this fund by the city
council. Any city monies required for any such grant shall also be placed in this fund. Such
monies shall be used for the purposes specified by the terms of each grant agreement.
(2) Revenue sources. Grant revenues received through community development block grant
program, city contributions or other revenue sources as may be authorized by the city council.
(3) Fund administration. The si����a�e�mayor or his or her designee shall maintain a
separate record of accounts showing the receipts and disbursements of each and every grant
assigned to this fund. The department assigned, by the terms of the city's acceptance of such
grant, to administer any program or activity financed wholly or in part by the grant financially
controlled by this fund, shall approve all expenditures therefrom and shall maintain such records
and documents, and prepare such reports as may be required by the grantor agency or the city
counciL
(4) Other general/financial informafion.
(a) Projects established. Individual grant projects shall be established in this fund,
based on council authorization and/or acceptance. Fund appropriations shall not lapse at the
end of any calendar year but shall remain in effect until the grant project is completed.
Administrative housekeeping oriented projects may be established by the finance director.
(b) Financing. The grant fund is hereby authorized to borrow monies from time to time
from other city funds in amounts necessary to effectuate the purposes of such fund.
Authorization for each such loan shall be made by the ^�+„ m° � °ry°r mavor or his or her
designee. Such authorization shall be given only when the lending fund has sufficient resources
to make the loan, which shall be determined by the finance director. Such loans shall be without
interest unless interest is required by law, and shall be repaid when there no longer exists a
financing need within such fund. Where interest is required by law, the finance director shall
designate the appropriate rate.
Section 34. FWRC 3.50.120 is hereby amended to read as follows:
3.50.120 Path and trails reserve fund.
There is hereby established a fund known as the path and trails reserve fund as follows:
(1) Purpose. This fund is established to accumulate the annually unexpended portion of the
motor vehicle fuel tax designated to establish and maintain paths and trails within the right-of-
way of county roads and city streets for pedestrians, equestrians or bicyclists. RCW 47.30.050
requires at least one-half of one percent of the total amount of funds annually received from the
motor vehicle fund to be expended for paths and trails purposes. Monies set aside in this
reserve fund must be expended within 10 years. This fund shall reserve these revenues until the
city council determines to expend all or any portion, at which time such monies shall be
transferred back to the city street or arterial street fund by authority of a city ordinance.
(2) Revenue sources. Motor vehicle fuel taxes received from the motor vehicle fund according
to the provisions of RCW 46.68.100.
Ordinance No. 10-669 Page 18 of 35
(3) Fund administration. The ^�+�� m � n � ivor mavor or his or her designee shall have
responsibility for the financial administration of this reserve fund.
Section 35. FWRC 3.50.130 is hereby amended to read as follows:
3.50.130 Surface water management fund.
There is hereby established a fund for surface water management as follows:
(1) Purpose. Established to administer and account for all receipts and disbursements related
to the city's surface and stormwater management system. All service charges shall be
deposited in this fund for the purpose of paying all or any part of the cost and expense of
maintaining and operating surface and stormwater management facilities, all or any part of the
cost and expense of planning, designing, establishing, acquiring, developing, construction and
improving any such facilities, or to pay or secure the payment of all or any portion of any issue
of general obligation or revenue bond issued for such purpose.
(2) Revenue sources. Revenues supporting this fund's activities include various storm and
surface water charges, interest earnings, interfund transfers, and other revenue sources as may
be authorized by the city council.
(3) Fund administration. The ' mayor or his or her designee.
(4) Financing. The ' mavor or his or her designee is authorized from time to time
to arrange for any needed interim financing at the prevailing market interest rate.
Section 36. FWRC 3.50.140 is hereby amended to read as follows:
3.50.140 Councilmanic debt service fund.
There is hereby established a fund known as the councilmanic debt service fund as follows:
(1) Purpose. This fund is established to account for the debt service, and debt service related
costs, on all city council approved general obligation bonds or other general obligation debt.
(2) Revenue sources. Allocations of the city's regular levy property taxes, operation transfers
from the 0.25 percent real estate excise tax funds or other funds benefiting from the bond
proceeds, or other revenue sources as may be designated by the city council.
(3) Fund administration. The �a�mavor or his or her designee.
(4) Other general information. The authorizing ordinance for the bond sale and the related
bond debt service schedule provide budget authority for this city fund. Such budget authority
shall not lapse at calendar year end.
Section 37. FWRC 3.50.150 is hereby amended to read as follows:
3.50.150 Data processing/ telecommunications fund.
There is hereby established a fund known as the data processing/telecommunications fund
as follows:
(1) Purpose. This fund shall serve as the vehicle through which to account for all costs
associated with data processing and telecommunications for the city. This fund shall own and
depreciate all nonproprietary fund assets related to these functions. It shall accumulate reserves
for the replacement of these assets. This fund shall be used to pay salaries and operation costs,
including equipment and furniture, associated with its administration, and costs required to
repair, replace, purchase and operate equipment owned by this fund.
(2) Revenue sources. Interfund charges shall be made to recover equipment maintenance
and operating costs, equipment replacement and acquisition costs, and the cost of fund
Ordinance No. 10-669 Page 19 of 35
administration. Other revenues may include interest earnings, proceeds from the sate of assets,
interfund transfers, and other revenue sources designated by the city council.
(3) Fund administration. The s��a�mayor or his or her designee. There shall be kept
accounts and records necessary to control and report the financial operations of this fund.
(4) Other general/financial information.
(a) Revenues recorded shall be specified as either for replacement reserves or for
maintenance and operation. Replacement reserve cash shall be maintained in a separate cash
account in the accounting records. The replacement reserve shall only be used for equipment
replacement purposes.
(b) Charges for the use of such equipment shall be sufficient to cover the repair,
replacement, purchase and operation thereof, and the terms of the rental shall be on an annual,
monthly, or other basis as determined by the ei#�-�a�a�e�mayor or the e�a�ageFSmavor's
designee. Maintenance and operation costs may also be recovered on an actual cost basis,
rather than through monthly or other rates. Rental rates shall be reviewed annually and revised
periodically as needed to meet changing costs of repair, replacement, purchases and operation.
Replacement reserve rates shall be based on depreciation schedules which may be adjusted by
the E�a�a�e�mavor or designee.
(c) All monies deposited in the data processing and telecommunications fund shall be
used for the purposes designated in this section.
(d) Current year maintenance and operation charges in excess of current year costs
shall be returned to the contributing fund as a reduction of current year operating charges.
(e) Accumulated replacement reserves in excess of replacement costs for the related
equipment shall be returned to the contributing fund. Additional replacement cost needs shall be
contributed lump sum by the department using the equipment.
Section 38. FWRC 3.50.160 is hereby amended to read as follows:
3.50.160 Support services fund.
There is hereby established a fund known as the support services fund as follows:
(1) Purpose. To account for clerical, copier, graphics, postage and other support services
provided to departments and funds throughout the city. The ^�'�� m°^°^°rmayor shall designate
the specific types of services administered through this fund. All costs associated with providing
these services and administering this fund shall be a cost of this fund, including, but not limited
to, employee compensation, supplies, equipment and furniture.
(2) Revenue sources. Interfund service charges shall be made to recover direct and
administrative costs. Other revenues shall include interfund transfers and other revenue sources
designated by the city council.
(3) Fund administration. The �age�mayor or his or her designee.
Section 39. FWRC 3.50.170 is hereby amended to read as follows:
3.50.170 Fleet and equipment fund.
There is hereby established a fund known as the fleet and equipment fund as follows:
(1) Purpose. This fund shall serve as the vehicle through which to account for all costs
associated with operating, maintaining and replacing the city's nonproprietary owned vehicular
and other motorized equipment. This fund shall own and depreciate all nonproprietary fund
assets of this nature. It shall accumulate reserves for the replacement of these assets. This fund
shall be used to pay salaries and operating costs, including equipment and furniture, associated
Ordinance No. 10-669 Page 20 of 35
with its administration, and costs required to repair, replace, purchase and operate equipment
owned by this fund.
(2) Revenue sources. Interfund charges shall be made to recover equipment maintenance
and operating costs, equipment replacement and acquisition costs, and the cost of fund
administration. Equipment replacement charges shall be segregated from all other cost
recoveries. Other revenues may include interest earnings, proceeds from the sale of assets,
interfund transfers and other revenue sources designated by the city council.
(3) Fund administration. The �age�mayar or his or her designee. There shall be kept
accounts and records necessary to control and report the financial operations of this fund.
(4) Other general/fund information.
(a) Revenues recorded shall be specified as either for replacement reserves or for
maintenance and operations. Replacement reserve cash shall be maintained in a separate cash
account in the accounting records. The replacement reserve shall only be used for equipment
replacement purposes.
(b) Charges for rental of such equipment shall be sufficient to cover the repair,
replacement, purchase and operation thereof, and the terms of the rental shall be on an annual,
monthly, daily, hourly, mileage or other basis as determined by the ' mavor or the
�a�smavor's designee. Maintenance and operating costs may also be recovered on
an actual cost basis, rather than through monthly or other rate structures. Rental rates shall be
reviewed annually and revised periodically as needed to meet changing costs of repair,
replacement, purchases and operation. Replacement reserve rates shall be based on
depreciation schedules which may be adjusted by the �a�mayor or his or her
designee.
(c) All motor vehicle equipment purchased by other city funds of a nonproprietary nature
shall be donated to this city fund effective January 1, 1991. All subsequent acquisitions shall be
likewise donated to this fund. Where the fleet and equipment fund is requested to make the
initial purchase of equipment, the benefiting or user fund shall provide the required resources
and do so within the calendar year of purchase.
(d) All monies deposited in the fleet and equipment fund shall be used for the purposes
designated in this section.
(e) Current year maintenance and operation charges in excess of current year costs
shall be returned to the contributing fund as a reduction of current year operating charges.
(f) Accumulated replacement reserves in excess of replacement costs for the related
equipment shall be returned to the contributing fund. Additional replacement cost needs shall be
contributed lump sum by the department using the equipment.
Section 40. FWRC 3.50.180 is hereby amended to read as follows:
3.50.180 Buildings and furnishings fund.
There is hereby established a fund known as the buildings and furnishings fund as follows:
(1) Purpose. The buildings and furnishings fund is established to account for all costs
associated with the maintenance and operation of city buildings specified by the ci#�
�e�mavor. City building facilities and furnishings shall be owned by this fund and both
maintenance/operation costs and replacement recovery shall be charged city funds and
departments for included facilities and furnishings. Debt service payments on specified facility
acquisitions may also be included in this fund along with revenues dedicated to these payments.
(2) Revenue sources. Interfund charges shall be made to recover maintenance and operating
costs, furnishing and facility replacement and acquisition costs, and the cost of fund
Ordinance No. 10-669 Page 21 of 35
administration. Other revenues may include interest earnings, proceeds from the sale of assets,
interFund transfers, and other revenue sources designated by the city council.
(3} Fund administration. The ei�y--�a�age�mayor or his or her designee. There shall be kept
accounts and records necessary to control and report the financial operations of this fund.
(4) Other general/financial information.
(a) Revenues recorded shall be specified as either for replacement reserves or for
maintenance and operations. Replacement reserve cash shall be maintained in a separate cash
account in the accounting records. The replacement reserve shall only be used for asset
replacement purposes.
(b) Charges for the use of such facilities and furnishings shall be sufficient to cover the
repair, replacement, purchase and operation thereof, and the terms of the rental shall be on an
annual, monthly or other basis as determined by the s+�age�mayor or the si�t�
�a�e�smavor's designee. Rental rates shall be reviewed annually and revised periodically as
needed to meet changing costs of repair, replacement, purchases and operation. Replacement
reserve rates shall be based on depreciation or replacement schedules which may be adjusted
by the ^�+" m � n � nor mavor or his or her designee.
(c) All monies deposited in the buildings and furnishings fund shall be used for the
purposes designated in this section.
(d) Current year maintenance and operation charges in excess of current year costs
shall be returned to the contributing fund as a reduction of current year operating charges.
(e) Accumulated replacement reserves in excess of replacement costs for the related
assets/furnishings shall be returned to the contributing fund. Additional replacement cost needs
shall be contributed lump sum by the department using the assets/furnishings.
Section 41. FWRC 3.50.190 is hereby amended to read as follows:
3.50.190 Retirement system fund.
There is hereby established a fund known as the retirement system fund as follows:
(1) Purpose. Established to provide a means of accumutating the assets necessary to provide
the benefits which become payable under the retirement system plan, adopted by Ordinance
No. 90-74, as amended. This fund shall account for all transactions associated with this plan
and its administration. This is a defined contribution plan to which the city and employee make
legally required contributions. This fund accounts for all plan related expenditures and receipts.
Disability, survivors and lump sum death benefits for plan participants are costs recorded in this
fund. Payments upon retirement or termination are also expenditures accounted for through this
fund.
(2) Revenue sources. Revenues include legally required employee and employer
contributions, interest earnings, investment gains/losses, interfund transfers and other sources
designated by the city council.
(3) Fund administration. The ' mayor or his or her designee.
Section 42. FWRC 3.50.200 is hereby amended to read as follows:
3.50.200 Capital project fund.
There is hereby established a fund known as the capital project fund as follows:
Ordinance No. 10-669 Page 22 of 35
(1) Purpose. Created by ordinances to receive bond proceeds and pay the cost of
improvements and make the acquisitions for which the bonds were authorized. All costs
associated with the acquisitions, improvements and issue of the bonds, and other costs or
transfers authorized in ordinances shall be paid by this fund. Projects shall be established to
maintain a separate record of accounts for revenues and disbursements related to each general
obligation debt issue.
(2) Revenue sources. General obligation bond proceeds, investment earnings, interFund
transfers and other revenue sources designated by the city council.
(3) Fund administration. The �age�mayor or his or her designee.
Section 43. FWRC 3.50.210 is hereby amended to read as follows:
3.50.210 Deferred compensation fund.
There is hereby established a fund known as the deferred compensation fund as follows:
(1) Purpose. This is an agency fund used to account for assets related to the city's employee
tax deferred compensation program. Assets of the fund consist of investment managed by the
International City Management Association Retirement Corporation, which is the program
trustee.
(2) Fund administration. The ^�fi m � n � nar mayor or his or her designee.
Section 44. FWRC 3.50.220 is hereby amended to read as follows:
3.50.220 Investment control fund.
There is hereby established a fund known as the investment control fund as follows:
(1) Purpose. This is an agency fund establish to account for investment transactions. It is
used to record the amount of pooled monies invested from all city funds. Interest earned on the
pooled investments is distributed to individual city funds.
(2) Fund administration. The �aaa�mayor or his or her designee.
Section 45. FWRC 3.50.230 is hereby amended to read as follows:
3.50.230 Fees and taxes clearing fund.
There is hereby established a fund known as the fees and taxes clearing fund as follows:
(1) Purpose. This is an agency fund established to account receipts for which the city acts in
the capacity of an intermediary collection agency or temporary depository for other governments
or organizations.
(2) Fund administration. The ci#�-�naaa�mayor or his or her designee.
Section 46. FWRC 3.50.240 is hereby amended to read as follows:
3.50.240 Donation fund.
There is hereby established a fund known as the donations fund as follows:
(1) Purpose. Established to receive donations of cash designated for specific purposes
identified by the donor. This fund shall be a project based fund that shall record all transactions
associated with the donations.
(2) Revenue sources. Cash contributions from various sources. Investment earnings shall be
placed in the general fund.
Ordinance No. 10-669 Page 23 of 35
(3) Fund administration. The ' mayor or his or her designee. Separate records
shall be maintained for each distinct purpose for which donations are received.
Section 47. FWRC 3.50.250 is hereby amended to read as follows:
3.50.250 Impact fee fund.
There is hereby established a fund known as the impact fee fund as follows:
(1) Purpose. Established to account for revenue from development impact fees, authorized by
state law and designated for transportation, park and other improvements. These fees provide
funding to partially finance improvements which shall mitigate the cumulative impacts of growth
and devetopment within the city.
(2) Revenue sources. Impact/mitigation fees received by the city for designated purposes,
interest earnings, interfund transfers and other revenue sources that may be designated by the
city council.
(3) Fund administration. The ' mavor or his or her designee.
(4) Other general/financial information. This would be a project oriented fund. Separate
records shall be maintained to account for transactions related to specifically designated
receipts.
Section 48. FWRC 3.50.260 is hereby amended to read as follows:
3.50.260 Payroll clearing fund.
There is hereby established a fund known as the payroll clearing fund as follows:
(1) Purpose. This agency fund is established to account for both city and employee
contributions related to employee benefit programs established by the city or as required by
state law. It acts as a temporary depository for payments to other governments or organizations.
(2) Revenue sources. Cash transferred from city funds and departments, and employee
deductions.
(3) Fund administration. The �a�mayor or his or her designee.
Section 49. FWRC 3.50.270 is hereby amended to read as follows:
3.50.270 Strategic reserve fund.
There is hereby established a fund known as the strategic reserve fund as follows:
(1) Purpose. This fund is established to set aside financial resources to be used to mitigate
adverse situations occurring as the result of severe short-term revenue shortfalls or
expenditures resulting from emergencies, or as otherwise designated by the city council. The
fund is a recourse of last resort and shall be used only in the event no other reasonable financial
management alternatives exist as certified by the finance director, or as otherwise designated
by the city council.
(2) Revenue source. This fund shall be financed by transferring undesignated and unreserved
fund balance in the general fund at the end of each calendar year as deemed appropriate by the
city counciL
(3) Fund administration. The ' mavor, or his or her designee shall administer the
fund. No transfers shall be made from this fund without prior approval by the city council in the
form of a resolution or ordinance.
Orclinance No. 10-669 Page 24 of 35
Section 50. FWRC 3.50.280 is hereby amended to read as follows:
3.50.280 Solid waste/recycling fund.
There is hereby established a fund known as the solid waste/recycling fund as follows:
(1) Purpose. To account for the speciat refuse collection fees used to manage the solid waste
and recycling program. •
(2) Revenue sources. Revenues supporting this fund's activities include refuse collection
fees, grant funds, interest earnings and other revenue sources as may be authorized by the city
council.
(3) Fund administration. The �a�mayor or his or her designee shall maintain a
separate record of accounts showing the receipts and disbursements of each and every grant
assigned to this fund. The department assigned, by the terms of the city's acceptance of said
grant, to administer any program or activity financed wholly or in part by the grant financially
controlled by this fund, shall approve all expenditures therefrom and shall maintain such records
and documents, and prepare such reports as may be required by the grantor agency or the city
council.
Section 51. FWRC 3.50.290 is hereby amended to read as follows:
3.50.290 Special contracts/studies fund.
There is hereby established a fund known as the special contracts/studies fund as follows:
(1) Purpose. To account for receipts and disbursements related to special contracts and
special projects where completion is likely to extend beyond the calendar year.
(2) Revenue source. Revenues supporting this fund's activities include intergovernmental
revenues, interfund transfers, interest earnings and other revenue sources as may be
authorized by the city council.
(3) Fund adminrstration. The s�mayor or his or her designee.
(4) Ofher general/financial information. Fund appropriations shall not lapse at the end of any
calendar year but shall remain in effect until the project is completed.
Section 52. FWRC 3.50.300 is hereby amended to read as follows:
3.50.300 Capital project — Parks fund.
There is hereby established a fund known as the capital project — parks fund as follows:
(1) Purpose. To account for receipts and disbursements related to acquisition, design,
construction and any other related park's capital project expenditures.
(2) Revenue sources. Revenues supporting this fund's activities include bond proceeds, grant
proceeds, mitigation fees, interfund transfers and other revenue sources as may be authorized
by the city council.
(3) Fund administration. The ^�'�� m � n � nor mayor or his or her designee shall maintain a
separate record of accounts showing the receipts and disbursements of each and every grant
assigned to this fund. The department assigned, by the terms of the city's acceptance of said
grant, to administer any program or activity financed wholly or in part by the grant financially
controlled by this fund, shall approve all expenditures therefrom and shall maintain such records
and documents, and prepare such reports as may be required by the grantor agency or the city
council.
(4) Other general/financial information. Fund appropriations shall not lapse at the end of any
calendar year but shall remain in effect until the project is completed.
Ordinance No. 10-669 Page 25 of 35
The ' mavor or his or her designee is authorized from time to time to arrange for
any needed interim financing at the prevailing market interest rate.
Section 53. FWRC 3.50.310 is hereby amended to read as follows:
3.50.310 Capital project — SWM fund.
There is hereby established a fund known as the capital project — SWM fund as follows:
(1) Purpose. To account for receipts and disbursements related to acquisition, design,
construction and any other related park's capital project expenditures.
(2) Revenue sources. Revenues supporting this fund's activities include bond proceeds, grant
proceeds, mitigation fees, interfund transfers and other revenue sources as may be authorized
by the city council.
(3) Fund administration. The ����� m � n � r+or mayor or his or her designee shall maintain a
separate record of accounts showing the receipts and disbursements of each and every grant
assigned to this fund. The department assigned, by the terms of the city's acceptance of said
grant, to administer any program or activity financed wholty or in part by the grant financially
controlled by this fund, shall approve all expenditures therefrom and shall maintain such records
and documents, and prepare such reports as may be required by the grantor agency or the city
council.
(4) Other general/financial information. Fund appropriations shall not lapse at the end of any
calendar year but shall remain in effect until the project is completed.
The e�a�a�e�mayor or his or her designee is authorized from time to time to arrange for
any needed interim financing at the prevailing market interest rate.
Section 54. FWRC 3.50.320 is hereby amended to read as follows:
3.50.320 Capital project — Traffic fund.
There is hereby established a fund known as the capital project — traffic fund as follows:
(1) Purpose. To account for receipts and disbursements related to acquisition, design,
construction and any other related park's capital project expenditures.
(2) Revenue sources. Revenues supporting this fund's activities include bond proceeds, grant
proceeds, mitigation fees, interfund transfers and other revenue sources as may be authorized
by the city council.
(3) Fund administration. The ' mavor or his or her designee shall maintain a
separate record of accounts showing the receipts and disbursements of each and every grant
assigned to this fund. The department assigned, by the terms of the city's acceptance of said
grant, to administer any program or activity financed wholly or in part by the grant financially
controlled by this fund, shall approve all expenditures therefrom and shall maintain such records
and documents, and prepare such reports as may be required by the grantor agency or the city
council.
(4) Other general/financial information. Fund appropriations shall not lapse at the end of any
calendar year but shall remain in effect until the project is completed.
The �aaa�mayor or his or her designee is authorized from time to time to arrange for
any needed interim financing at the prevailing market interest rate.
Section 55. FWRC 3.50330 is hereby amended to read as follows:
Ordinance No. 10-669 Page 26 of 35
3.50.330 Capital project — Street fund.
There is hereby established a fund known as the capital project — street fund as follows:
(1) Purpose. To account for receipts and disbursements related to acquisition, design,
construction and any other related park's capital project expenditures.
(2) Revenue sources. Revenues supporting this fund's activities include bond proceeds, grant
proceeds, mitigation fees, interfund transfers and other revenue sources as may be authorized
by the city council.
(3) Fund administration. The �a�mayor or his or her designee shall maintain a
separate record of accounts showing the receipts and disbursements of each and every grant
assigned to this fund. The department assigned, by the terms of the city's acceptance of said
grant, to administer any program or activity financed wholly or in part by the grant financially
controlled by this fund, shall approve all expenditures therefrom and shall maintain such records
and documents, and prepare such reports as may be required by the grantor agency or the city
council.
(4) Other general/�nancial information. Fund appropriations shall not lapse at the end of any
calendar year but shall remain in effect until the project is completed.
The �a�mavor or his or her designee is authorized from time to time to arrange for
any needed interim financing at the prevailing market interest rate.
Section 56. FWRC 3.50.340 is hereby amended to read as follows:
3.50.340 Retreat center fund.
There is hereby established a fund known as the retreat center fund as follows:
(1) Purpose. To account for the revenues and expenses related to the acquisition, capital
improvements, maintenance and operations of the city-owned retreat center facility. This fund is
established as an enterprise fund whereby the intent is to recover, primarily through user
charges, the costs (expenses, including depreciation) of providing services to the general public
on a continuing basis.
(2) Revenue sources. Revenues supporting this fund's activities include bond anticipation
note proceeds, intergovernmental revenues, user fees, interfund transfers and other revenue
sources as may be authorized by the city council.
(3) Fund administration. The "'+'�ge�mayor or his or her designee.
(4) Financing. The ' mavor or his or her designee is authorized from time to time
to arrange for any needed interim financing at the prevailing market interest rate.
Section 57. FWRC 3.50.350 is hereby amended to read as follows:
3.50.350 Strategic airport reserve fund.
There is hereby established a fund known as the strategic airport reserve fund as follows:
(1) Purpose. To account for monies held in reserve for the specific purpose of potentially
funding actions necessary to safeguard the public interest of Federal Way as it relates to
planned expansion of the Sea-Tac Airport.
(2) Revenue sources. Revenues to support this account shall be transferred from the city's
existing strategic reserve fund, or other revenue sources as may be authorized by the city
council.
Ordinance No. 10-669 Page 27 of 35
(3) Fund administration. ' Mayor or his or her designee; provided, however, that
no disbursement from this fund shall be made without prior authorization by the city council.
Section 58. FWRC 3.50.360 is hereby amended to read as follows:
3.50.360 Interfund loan — Authorization.
The city council does hereby authorize the e�aaa�e�mavor, or his or her designee, no
make interfund loans of those municipal monies which are otherwise legally available for
investment purposes, where such loans would be necessary to ensure compliance with the
provisions of RCW 43.09.210.
Section 59. FWRC 3.50.380 is hereby amended to read as follows:
3.50.380 Interfund loan — Additional authority.
The city council further hereby grants to the E�a�mavor, or his or her designee, the
authority to make interim, temporary loans from one fund to another during the course of the
fiscal year. The term of such loan shall not exceed the end of the fiscal year in which loan was
made.
Section 60. FWRC 3.50.390 is hereby amended to read as follows:
3.50.390 Traffic safety fund.
(1) Establishment of traffic safety fund. There is hereby established a fund to be known as the
traffic safety fund. All penalties and fines collected in criminal traffic violations and those related
to the operation of the red-light photo enforcement program shall be paid into this fund.
(2) Use of fund. Funds collected for traffic safety shall be used for, but not limited to,
prevention, education, and enforcement efforts related to traffic safety and compliance with
traffic control devices within the city, including maintenance and operatior� costs.
(3) Administration of fund. The ' mayor or his or her designee shall administer the
fund.
Section 61. FWRC 6.10.110 is hereby amended to read as follows:
6.10.110 Hearing.
RCW 69.50.505(e) is amended solely to provide the specific exception that the Federal Way
chief of police shall designate a hearing examiner for forfeiture matters upon concurrence of the
mavor.
Section 62. FWRC 6.50.050 is hereby amended to read as follows:
6.50.050 Vehicles resembling police or fire vehicles.
No person shall operate a motor vehicle within the city which is painted and contains decals,
numbers, name or insignia so as to simulate a city or county police or fire department vehicle, or
city vehicle, without prior authorization from the police chief, fire chief, �a�mavor, or
their designees. Violation of this section is a misdemeanor.
Ordinance No. 10-669 Page 28 of 35
Section 63. FWRC 7.03.020 is hereby amended to read as follows:
7.03.020 Definitions.
The definitions in this section apply throughout this title unless the context clearly requires
otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Abandoned" means any property, real or personal, which is unattended and either open or
unsecured so that admittance may be gained without damaging any portion of the property, or
which evidences indicia that no person is presently in possession, e.g., disconnected utilities,
accumulated debris, uncleanness, disrepair and, in the case of chattels, location. Length of time
or any particular state of mind of the owner or person entitled to possession are not conclusive
in determining that property is abandoned.
"Attractive nuisance" means the circumstance or condition which may reasonably be
expected to attract young children and which constitutes a danger to such children. Attractive
nuisances include but are not limited to unused or abandoned refrigerators, freezers, or other
large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally
unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern,
storage tank, or shaft; and any lumber, trash, debris, or vegetation that may prove a hazard for
minors.
"Building,"in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle,
railway car, cargo container, or other structure used for the lodging of persons or for carrying on
business therein, or for the use, sale or deposit of goods. Each unit of a building consisting of
two or more units separately secured or occupied is a separate building.
"Hearing officer" means the E�a�a�mavor, or his or her designated reprssentative.
"Junk" means old, used, or scrap metal, rope, rags, batteries, paper, rubber, tires, machinery
or appliances or parts of such machinery or appliances, wood, debris, trash, waste, household
goods or hardware, medications, medical supplies, or medical devices, or junked, dismantled,
wrecked or inoperable motor vehicles or vehicular component parts.
"Junk vehicle" means any vehicle substantially meeting at least three of the following
conditions:
(1) Is three years old or older;
(2) Is extensively damaged, such damage including but not limited to any of the following: a
broken window or windshield or missing wheels, tires, motor, or transmission;
(3) Is apparently inoperable;
(4) Has an approximate fair market value equal only to the approximate value of the scrap in
it.
"Junkyard"means a property or place of business which is maintained, operated or used for
storing, keeping, buying, selling or salvaging junk.
"Litter" shall include, but is not limited to, debris in the form of cans, bottles, glass, ashes,
garbage, wastepaper, packing material, scrap iron, wire, metal articles, discarded furniture and
appliances, junk, broken stone or cement, broken crockery, discarded building materials,
inoperable bicycles or bicycle parts, rags, boxes, crates, packing cases, mattresses, bedding,
tree and vegetation trimmings, and all other trash, including abandoned inflammable materials,
which are a fire hazard or a menace to the public health, safety, or welfare.
Section 64. FWRC 8.15.090 is hereby amended to read as follows:
Orc�inance No. 10-669 Page 29 of 35
8.15.090 Registered tow truck operators — Contracts, requirements.
(1) The ^�+„ m°^°^°rmayor is authorized to seek a towing company or companies for one or
more contracts to be a city registered tow truck operator to perform towing and impounds
pursuant to this title. Award of any such contract or contracts shall be consistent with the city's
adopted purchasing policies and applicable state and local laws and policies, and be approved
by the ci#�-�a�aa�mavor or the city council, as applicable. Registered tow truck operators shall
hold a valid city of Federal Way business ticense and be registered with the state of Washington
pursuant to Chapter 46.55 RCW.
(2) If the ' mavor determines not to enter into a contract for registered tow truck
operator services, the s+t3�ar�a�e�mayor may authorize the director to have any tow truck
operator registered with the state of Washington perform towing and impounds pursuant to this
title.
(3) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant
to this title in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior
to closing any sale of an auctioned, impounded vehicle or transferring title thereto, the
registered tow truck operator shall release the vehicle to an individual possessing a valid
Washington driver's license or a valid driver's license from another state.
(4) Records.
(a) With respect to any sale at auction of a vehicle impounded under this title, all
registered tow truck operators shall record the date of sale, the vehicle identification number of
each vehicle, the name, address and telephone number of the registered owner of the
impounded vehicle being auctioned, as well as the name, address, driver's license number and
date of driver's license expiration of each buyer. Said record shall be submitted to the director
on or before December 31 st of each calendar year.
(b) A registered tow truck operator shall maintain copies of all records of all sales
required pursuant to this title, for at least six years, and such records shall be open at all
reasonable times to the inspection of the designated official, or his or her duly authorized
designees for inspection.
Section 65. FWRC 8.30.040 is hereby amended to read as follows:
8.30.040 Schedule.
The maximum speed limits set forth in the following schedule of speed limits are hereby
established as the reasonable and safe maximum speed limits to be effective at all times upon
the streets and highways designated in the schedule. The ' mavor shall cause
appropriate signs to be erected on such streets and highways, giving notice of the speed limits,
as provided in this chapter.
(1) Speed limit 30 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 30 miles per hour:
9th Avenue South, between South 336th Street and South 348th Street.
11 th Place South, between South 320th Street and South 324th Street.
16th Avenue South, befinreen South 356th Street and South 364th Way.
23rd Avenue South, between South 312th Street and South 324th Street.
South 304th Street, between Pacific Highway South and Military Road South.
South 324th Street, between 11 th Place South and 23rd Avenue South.
South 364th Way, between 12th Avenue South and 16th Avenue South.
Southwest 356th Street, between 20th Avenue Southwest and Pierce County.
Ordinance No. 10-669 Page 30 of 35
(2) Speed limit 35 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 35 miles per hour:
1 st Avenue South, between South 296th Street and South 356th Street.
12th Avenue South, between South 372nd Way and South 364th Way.
16th Avenue South, between South Dash Point Road and Pacific Highway South, and
between Pacific Highway South and 348th Street.
10th Avenue Southwest, between Southwest Campus Drive and 6th Avenue
Southwest.
21 st Avenue Southwest, between Southwest Dash Point Road and Southwest 356th
Street.
28th Avenue South, between South 304th Street and South 317th Street.
South 288th Street, between Pacific Highway South and F.A.I. #5.
South and Southwest 312th Street, between Southwest Dash Point Road and 28th
Avenue South.
South 317th Street, between 28th Avenue South and 23rd Avenue South.
South and Southwest 320th Street, between 1,000 feet west of 1 st Avenue South and
F.A.I. #5 and between 21 st Avenue Southwest and 47th Avenue Southwest.
South 336th Street, between 1 st Way South and Weyerhaeuser Way South.
Southwest 336th Street, between 21 st Avenue Southwest and 26th Place Southwest.
Southwest 336th Way, between 26th Place Southwest and 30th Avenue Southwest.
Southwest 340th Street, between 30th Avenue Southwest and Hoyt Road Southwest.
South 344th Street, between Weyerhaeuser Way South and 1,500 feet east of
Weyerhaeuser Way South.
Southwest 344th Street, between 21st Avenue Southwest and 35th Avenue Southwest.
South 348th Street, between 1st Avenue and Pacific Highway South.
South 356th Street, between 1 st Avenue South and 16th Avenue South.
South 359th Street, between Pacific Highway South and 16th Avenue South.
South 373rd Street, between Pacific Highway South and South 372nd Way.
South 372nd Way, between 12th Avenue South and South 373rd Street.
Hoyt Road Southwest, between Southwest Dash Point Road and Pierce County.
Milton Road South, between Enchanted Parkway South and South 369th Street.
Redondo Way South, between South Dash Point Road and the South 284th Street (if
extended).
Southwest Campus Drive, between 1 st Avenue South and 21 st Southwest.
South Star Lake Road, between South 272nd Street and Military Road South.
Weyerhaeuser Way South, between South 320th Street and South 349th Street.
(3) Speed limit 40 mph. No person shall operate a motor vehicle upon the following described
roads in excess of 40 miles per hour:
South and Southwest 320th Street, between 21 st Avenue Southwest and 1,000 feet
west of 1st Avenue South and between F.A.I. #5 and 1,000 feet east of Weyerhaeuser Way
South.
Southwest 356th Street, between 1st Avenue South and 20th Avenue Southwest.
Military Road South, F.A.I. #5 at South Star Lake Road and F.A.I. #5 at South 307th
Street (if extended).
Section 66. FWRC 12.25.090 is hereby amended to read as follows:
Ordinance No. 10-669 Page 31 of 35
12.25.090 Conditions for issuance.
(1) No temporary business shall be operated on any site without the express consent of the
owner thereof. The applicant shall be required to provide a signed consent from the property
owner prior to the issuance of a license.
(2) In conducting the temporary business, the applicant shall comply with all state and federal
laws, and all city ordinances and resolutions which are applicable to the use or the conduct
thereof.
(3) Each site occupied by a temporary business shall be kept free of debris and litter, and
upon completion or removal of the temporary business, all debris, litter or other evidence of the
temporary business shall be removed.
(4) Each site occupied by a temporary business must provide or have available sufficient off-
street parking and vehicular maneuvering area and access for customers. Each such site must
provide safe and efficient interior circulation and ingress and egress from a public right-of-way.
(5) In the event that a temporary business is conducted within an established parking area,
no more than 25 percent of the parking spaces may be occupied by or devoted to the temporary
business use.
(6) No temporary business shall occupy or be conducted on public rights-of-way, parks or
other public lands in any manner unless specifically approved by the ' mavor or
designee. In the event that such occupation or use is authorized, the applicant shall be required
to furnish liability insurance with the city as a named insured, in an amount to be determined by
the si#��►a�a�e�mavor commensurate with the risk associated with the conduct of the
temporary business.
(7) All signs used in connection with any temporary business shall comply with the applicable
sign regulations of the city.
(8) All temporary businesses shall obtain, prior to the conduct of the business or occupancy
of any site, all required city permits, licenses or other approvals, e.g., building permits,
conditional use permits, etc.
(9) All temporary businesses shall be conducted and operated pursuant to a plot or site plan
submitted with the application and approved as part of the license.
(10) The licensee shall maintain a current state retail sales tax number on file with the city for
the duration of the temporary business.
(11) The temporary business shall comply with all applicabte standards of the county health
department.
(12) The temporary business and associated structures will be compatible with uses in the
general vicinity and on adjacent properties.
(13) No temporary business shall adversely impact the public health, safety, or convenience,
or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal
conduct of uses and activities in the vicinity.
(14) All personnel engaged in the temporary business shall remain fully clothed at all times
and shall be neat and orderly in appearance.
(15) Temporary businesses shall not use loud- speakers or other mechanical or audio
devices which project sound beyond the area occupied by the temporary business. Vendors
shall not yell, shout or hawk their goods or services in such a manner that sound is audible
beyond the immediate premises on which the temporary business is conducted.
(16) No temporary business shall occupy a site or operate within the city for more than 90
days, whether consecutive or nonconsecutive, within any calendar year.
Section 67. FWRC 19.40.050 is hereby amended to read as follows:
Ordinance No. 10-669 Page 32 of 35
19.40.050 Administrative guidelines.
The �age�mavor is authorized to adopt administrative guidelines to implement the
provisions of this chapter. These administrative guidelines will be used in the preapplication
review and have the full force and effect as if they were set forth in this title, and shall be on file
in the department of community development services.
Section 68. FWRC 19.60.030 is hereby amended to read as follows:
19.60.030 Conduct of the review.
The s+#�a+�ageFinavor may appoint one or more employees or other persons working on
behalf of the city to perform the functions established under this chapter.
Section 69. FWRC 19.80.050 is hereby amended to read as follows:
19.80.050 City council review.
(1) Docketed proposals. The city council shall review docketed proposals concurrently, on an
annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the
council shall review docketed proposals received prior to September 30th of the calendar year.
Docketed proposals submitted after September 30th shall be considered during the following
annual review.
(2) Other amendments. The city-initiated amendments of the comprehensive plan shall be
reviewed concurrently with docketed proposals. The city council may also review or amend the
comprehensive plan:
(a) If an emergency exists, which is defined as an issue of community-wide significance
that promotes the public health, safety, and general welfare;
(b) To resolve an appeal of a comprehensive plan filed with a growth management
hearings board or with the court;
(c) To adopt or amend a shoreline master program under the procedures set forth in
Chapter 90.58 RCW;
(d) The initial adoption of a subarea plan that does not modify the comprehensive plan
policies and designations applicable to the subarea;
(e) The amendment of the capital facilities element of the comprehensive plan that
occurs concurrently with the adoption or amendment of the city budget. The city council will hold
the public hearing on this matter rather than the planning commission; and
(f) In other circumstances as provided for by RCW 36.70A.130(2)(a).
The city council may review city-initiated changes to development regulations or to the city's
zoning map concurrently with the docketed proposals or at the council's discretion.
(3) Additional information. The city council may request, through the ' mavor, that
the department or any other department of the city provide any information or material on a
proposal(s), consistent with FWRC 19.80.160.
Section 70. FWRC 19.95.090 is hereby amended to read as follows:
Ordinance No. 10-669 Page 33 of 35
19.95.090 Interlocal agreement.
(1) The � mavor is authorized to execute, on behalf of the city, an interlocal
agreement for the collection, expenditure, and reporting of school impact fees; provided, that
such interlocal agreement complies with the provisions of this section, be in form and content
acceptable to the city attorney and be approved by the city council.
(2) The district shall establish a school impact fee account with the office of the King County
treasurer, who serves as the treasurer for the district. The account shall be an interest-bearing
account, and the school impact fees received shall be prudently invested in a manner consistent
with the investment policies of the district.
(3) For administrative convenience while processing the fee payments, school impact fees
may be temporarily deposited in a city account. On a monthly basis, the city shall deposit the
school impact fees collected for the district in the districYs school impact fee account.
(4) The district shall agree to indemnify and hold the city, its elected officials, officers,
employees, agents, and volunteers harmless from any and all claims, demands, losses, actions
and liabilities (including costs and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives, arising from,
resulting from, or connected with the collection of impact fees or any other actions taken by the
city pursuant to the terms of the ordinance codified in this chapter or pursuant to the terms of
the interlocal agreement.
Section 71. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 72. Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Orclinance No. 10-669 Page 34 of 35
Section 73. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 74. Effective Date This ordinance shall take effect when the elected mayor
assumes office pursuant to RCW 35A.02.050 as provided by law.
PASSED by the City Council of the City of Federal Way this 21sf day of September
2010.
ATTEST:
CITY OF FEDERAL WAY
�
MA OR, LINDA CHMAR
� ,
CITY CLERK, CAROL MCNE L, CMC
VED AS TO FORM:
% . , //
�
CITY A'I�'�RNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
COL7NCIL BILL
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
8/31/2010
549
9/21/2010
9/25/2010
When Elected Mayor Takes Office
10-669
Orclinance No. 10-669 Page 35 of 35