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HomeMy WebLinkAbout5507Page 1 of 20 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.09 of the Bremerton Municipal Code relating to the Department of Financial Services, and further amending various Chapters of the Bremerton Municipal Code that make reference to the title of the Department or Director of the Department of Financial Services, including Chapter 2.05.10 entitled “Departments”, Chapter 2.28.030 entitled "Equal Employment Opportunity Program”, Chapter 2.40.030 entitled "Salaries and Personal Expenses”, Chapter 2.74 entitled "Travel Authorization and Expense Reimbursement”, Chapter 2.76.030 entitled "Definitions”, Chapter 2.76.140 entitled “Credit/Purchase Card Use”, Chapter 3.01 entitled "Rates and Fees”, Chapter 3.02.010, entitled “Budget Structure”, Chapter 3.08.040 entitled "Payment of Claims”, Chapter 3.12.030 entitled “Funding Basis”, Chapter 3.36.030 entitled "Administration and Expenditure”, Chapter 3.49.060 entitled "Rules and Regulations”, Chapter 3.78.105 entitled "Affordable Housing Capital Fund”, Chapter 10.10 entitled "Parking Code”, Chapter 15.06.025 entitled “Sewer Conservation Loan Program”, Chapter 15.07 entitled "Utility Billing”, and Chapter 15.08 entitled "Appeals”. WHEREAS, the City Council desires to amend the Bremerton Municipal Code to change the title of the Department of Financial Services to Department of Financial and Administrative Services to accurately reflect the full scope of the department’s work; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.09 of the Bremerton Municipal Code entitled "Department of Financial Services" is hereby amended to read as follows: Chapter 2.09 DEPARTMENT OF FINANCIAL AND ADMINISTRATIVE SERVICES 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial and Administrative Services. (a)Divisions. The Department of Financial and Administrative Services shall consist of the following divisions, as well as any other divisions established by the City Council: (1) Finance; Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E (2) Information Technology; and (3) Bremerton Kitsap Access Television (BKAT). (b)Duties. The Director of Financial and Administrative Services shall be in charge of the Department of Financial and Administrative Services and all divisions established thereunder. The duties enumerated in each division as set forth in this chapter may be reassigned within the Department of Financial and Administrative Services at the discretion of the Director of Financial and Administrative Services for the purpose of achieving work efficiencies. The Director of Financial and Administrative Services is also responsible for the management of the Conference Center operating fund. 2.09.020 DIRECTOR OF FINANCIAL AND ADMINISTRATIVE SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial and Administrative Services who shall be in charge of the Department of Financial and Administrative Services and all divisions established thereunder. The Director of Financial and Administrative Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial and Administrative Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the Department. All appointees to the position of Director of Financial and Administrative Services are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There are hereby created the positions of Assistant Director of Financial and Administrative Services, Information Technology Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers") shall manage the operations of their respective divisions and shall report directly to the Director of Financial and Administrative Services. The division managers shall be appointed by and shall serve at the pleasure of the Director of Financial and Administrative Services, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at- will" employees subject to termination by the Director of Financial and Administrative Services without cause at any time with no notice or hearing unless otherwise provided pursuant to an applicable rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting functions of the City of Bremerton. The Division shall be managed by the Assistant Director of Financial and Administrative Services who shall serve as the City Treasurer. It shall be the duty of the Assistant Director of Financial and Administrative Services to: Page 2 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E (a) Be responsible for assisting in the management of the City’s investment and debt portfolios. (b) Assist City administration in budget preparation and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and purchasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all City funds. The Assistant Director of Financial and Administrative Services shall perform such other duties as the Mayor and Director of Financial and Administrative Services may direct or as may be required by law. 2.09.040 INFORMATION TECHNOLOGY DIVISION CREATED - DUTIES. There is hereby created the Information Technology Division for the purpose of performing all information technology operations of the City. The Division shall be managed by the Information Technology Manager. It shall be the duty of the Information Technology Manager to: (a) Direct the activities of the Information Technology Division with the responsibility to provide technological leadership in systems planning, implementation and support programs (b) Direct the development and maintenance of long-range information processing plans and budgets. (c) Act as a contact person with user departments responding to and analyzing their inquiries. The Information Technology Manager shall perform such other duties as the Mayor or the Director of Financial and Administrative Services may direct or as may be required by law. 2.09.050 BREMERTON KITSAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKAT) Division for the purpose of performing all public access television functions of the City. The Division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, programming and operating of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial and Administrative Services may direct or as may be required by law. Page 3 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E Page 4 of 20 SECTION 2. Chapter 2.05.010 of the Bremerton Municipal Code entitled "Departments" is hereby amended to read as follows: 2.05.010 DEPARTMENTS. Departments of the City of Bremerton are created pursuant to the chapters and their provisions as follows: Chapter 2.06 Chapter 2.09 Chapter 2.10 Chapter 2.15 Chapter 2.16 Chapter 2.17 Chapter 2.19 Office of the City Attorney Department of Financial and Administrative Services Department of Public Works and Utilities Department of Community Development Fire Department Parks and Recreation Department Police Department SECTION 3. Chapter 2.28.030 of the Bremerton Municipal Code entitled "Equal Employment Opportunity Program" is hereby amended to read as follows: 2.28.030 EQUAL EMPLOYMENT OPPORTUNITY COMMITTEE. (a) The Mayor will establish an EEO Committee with representatives from each of the following areas: (1)Fire Department. (2)Police Department. (3)Department of Financial and Administrative Services. (4)Department of Community Development. (5)Parks and Recreation Department. (6)Office of the City Attorney. (7)Bremerton Municipal Court. (8)Department of Public Works and Utilities. The representatives listed above shall be appointed by the department head. For the court, the appointment shall be made by the municipal court judge. The Mayor will establish Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E Page 5 of 19 procedures to ensure the EEO Committee contains the widest possible minority representation. Representatives shall serve for a period of one (1) year. Appointments shall be made immediately following the effective date of this section and annually thereafter. (b) The EEO Committee will assist the EEO Officers with EEO policy compliance and complaint resolution. SECTION 4. Chapter 2.40.030 of the Bremerton Municipal Code entitled "Salaries and Personal Expenses" is hereby amended to read as follows: 2.40.030 SALARIES AND PERSONAL EXPENSES. The members of the Committee shall receive no salaries or other remuneration for their services in such capacity, and shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except to the extent and purposes and amount such expense is first authorized and approved in advance by the City of Bremerton Director of Financial and Administrative Services. SECTION 5. Chapter 2.74 of the Bremerton Municipal Code relating to entitled "Travel Authorization and Expense Reimbursement" is hereby amended to read as follows: 2.74.010 PURPOSE. To authorize the reimbursement of expenses incurred in connection with the performance of official City business and the use of purchase/credit cards for travel purposes, pursuant to Chapter 42.24 RCW, and to direct the Mayor and Director of Financial and Administrative Services to implement administrative policies and procedures to carry out the provisions of this chapter. 2.74.020 ADVANCE AUTHORIZATION TO TRAVEL. Travel by City officials, employees, City Council, and members of boards and commissions shall be specifically provided for as follows: (a) Department heads shall approve all overnight travel for employees of their department. The Mayor shall approve overnight travel for all department heads. All out-of- state travel for City employees must be approved by the Mayor. (b) Travel by the Mayor is self-approved. Travel by members of the City Council shall be approved by the Council President. (c) Travel by members of boards and commissions shall be approved by the Council President or Mayor. (d) Requests must include the nature of the travel, method of travel, costs to the City and the budgetary authority. Use of e-mail is acceptable documentation. 2.74.030 ELIGIBLE EXPENSES. Generally, eligible expenses include travel and living costs incurred by the employee while away from the City and expenses incurred within the City necessitated by City business. In the Bremerton area, necessary expenses will be reimbursed only for an employee Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E Page 6 of 20 representing the City in his/her official capacity and in the discharge of his/her duties. Eligible expenses and the basis for payment or reimbursement will be as follows: (a) Registration. Actual cost of registration of any employee at a meeting, conference, or convention for which he/she has received approval. Employees shall attend all conferences, meetings, and training sessions that are paid for at City expense. (b) Transportation. Actual costs for bus travel, train travel, taxi (including a customary gratuity), car rentals, parking fees, and air travel are eligible. Employees using a personal vehicle to travel on City business will be reimbursed at the mileage rate established by the Internal Revenue Service. Payment shall not exceed economy class airfare (government rate or Internet rate) to and from the same destination for employees traveling to out-of-town destinations on City business using a personal vehicle. (c) Lodging. Actual cost of hotel or motel accommodations is an eligible expense. If a family member or guest accompanies the employee, the employee shall pay for the amount over that of a single accommodation. (d) Meals. Any employee traveling on City business will be reimbursed for meals at the established federal per diem rate for the travel destination as established by the U.S. General Services Administration (www.gsa.gov). (1) An individual shall be deemed on travel status where the travel includes reimbursable lodging. (i) An employee must be in travel status for two (2) hours prior to the start of their normal work time to receive a full day of per diem. Employees not in a travel status two (2) hours prior to the start of their normal work day will receive seventy-five (75) percent of a full day per diem. (ii) If an employee returns from overnight travel, to their duty station or home, more than two (2) hours after the end of their normal work day, they will receive a full day of per diem. If they return less than two (2) hours after the end of their normal work day, they will receive seventy-five (75) percent of a day’s per diem. (iii) Where conference registration or training tuition fees include one (1) or more meals, the City shall reimburse only those meals not covered by such fees. If the employee elects not to participate in one (1) or more optional meals offered by the conference, the following percentages of per diem will be used: Breakfast twenty (20) percent; lunch thirty (30) percent; dinner fifty (50) percent. (2) Reimbursement for meals incurred when an employee is away from their duty station on official City business, but not on a travel status, will be reimbursed with approval of the department Director using the above percentages. Expenses for meals where City business is conducted and that could reasonably occur during non-meal periods are not eligible for reimbursement. Meals for City Council, Mayor and City staff conducting formal City business during meal times are specifically authorized. Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E (3) All per diem meals will be handled on a reimbursement basis. Use of the City’s purchase/credit card is not authorized for meal expenditures. Employees that will be in a travel status and have received proper authorization to travel may receive a travel advance up to the maximum anticipated per diem for their trip. No advance will be allowed if not in a travel status. Settlement of advances shall be made within fifteen (15) days of return from travel. (e) Laundry Service. Actual cost of laundry service is an allowable expense when employees are required to be away from the City for more than six (6) days at one (1) time or the conditions under which they are required to work while away from the City create a more than normal need for such services. (f) Telephone. Charges for telephone are an allowable expense if City business requires such communication. Employees staying outside of the City of Bremerton on business are allowed one personal call to the employee’s home at City expense for each trip. Such calls shall not exceed ten dollars ($10.00). Any personal calls in excess of ten dollars ($10.00) are to be paid by the employee. 2.74.040 INELIGIBLE EXPENSES. None of the following expenses shall be paid by the City: Travel paid for by any other organization, alcoholic beverages, valet services, meals or lodging accommodations for family or guest, tour bus fees for sightseeing tours, mileage if traveling as a passenger in a privately owned car, trip insurance, hosting, tips unless otherwise authorized or any other personal expenses for entertainment or other purposes. 2.74.050 USE OF CREDIT CARDS. Credit cards will be made available to officials and employees for the purpose of covering all eligible travel expenses except meals, which will be handled on a reimbursement basis. Employees shall be restricted from use of their own personal credit cards, except in such cases when the employee has not been issued or does not have access to a City credit card. Disallowed charges or charges not properly identified will be paid by the employee before the charge card billing is due. 2.74.060 DOCUMENTATION AND REIMBURSEMENT. A report of overnight travel will be documented and submitted to the Financial and Administrative Services Department on an Employee Claim for Expenses form within fifteen (15) days of return from travel. The Claim will contain a complete report of all travel costs incurred through use of a credit card or by reimbursement to the employee. The Claim shall be submitted even if no reimbursable expenses were incurred. Requests for reimbursement for other eligible expenses shall be submitted on an Employee Claim for Expenses no less than monthly. 2.74.070 RIGHT OF PRIOR LIEN. Failure to pay any disallowed credit card charges or settle any advances within the time frame prescribed will render the employee personally liable for the unpaid amount plus interest at the rate charged by the bank that issued the credit/purchase card or ten (10) percent, whichever is applicable. The City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee in the amount due, plus interest. Page 7 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E 2.74.080 ADMINISTRATION. The Mayor and Director of Financial and Administrative Services are directed to prepare administrative procedures necessary to implement the provisions of this chapter. SECTION 6. Chapter 2.76.030 of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows: 2.76.030 DEFINITIONS. For the purposes of this chapter, the following definitions will apply: (a) "Best bid" shall mean a bid that is the best value to and in the best interests of the City when considering items such as price, available discounts, the product or service purchased including any alterations or modifications thereto, shipping, time of delivery, warranty and other terms of purchase, and any other factors relevant to the purchase. Best bid does not necessarily mean lowest price. (b)"Bid" shall mean an offer or quotation to provide goods and/or services at a specified price. (c)"Contract" or "contract for purchase" shall mean a purchase from a wholesaler, retailer or dealer, or other similar transaction for the purchase of goods and services. (d)"Director" shall mean the director of the department for which the contract for purchase is made, authorized purchasing agent, or his or her designee. (e)"Director of Financial and Administrative Services" shall mean Director of the Department of Financial and Administrative Services, or his or her designee. (f)"Emergency" shall mean any situation where the public health, safety and welfare are endangered. (g)"Purchase of goods and services" shall mean a contract to supply materials, supplies, equipment, the lease or rental of equipment, and/or the performance of work or labor. (h)"Written bid" or "written request for bid" shall include e-mail and facsimile transmittals. SECTION 7. Chapter 2.76.140 of the Bremerton Municipal Code entitled "Credit/Purchase Card Use" is hereby amended to read as follows: 2.76.140 CREDIT/PURCHASE CARD USE. (a)The Director of Financial and Administrative Services shall implement and maintain the following system for the distribution, authorization and control of credit/purchase cards issued to or for the benefit of the City and used by City officials and employees. (1)Distribution. Credit cards may be distributed to those City officials and employees who, in the opinion of the Director of Financial and Administrative Services, have Page 8 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E job responsibilities that would benefit or otherwise be facilitated by use of credit/purchase cards. (2)Authorization and Control. The Director of Financial and Administrative Services shall develop specific administrative guidelines and accounting controls to ensure the proper usage of credit/purchase cards and related funds. Credit/purchase cards are to be used when it is in the best interest of City administrative affairs. (3)Application. The individual holder, upon prior approval of the Director of Financial and Administrative Services, shall use each credit/purchase card in a responsible manner. (4)Credit Limits. The Director of Financial and Administrative Services shall set credit/purchase limits on each card issued subject to final approval by the Mayor. Individual purchases shall not exceed five thousand dollars ($5,000) and in no event shall the credit/purchase card limit exceed ten thousand dollars ($10,000) for any individual credit/purchase card account without pre-approval of the Director of Financial and Administrative Services. (5)Credit Card Restriction. The following will be considered an unauthorized transaction, purchase or use of any City credit/purchase card: (i) Cash advances; (ii) Payment of invoices or statements; (iii) Purchases where an open charge account would be utilized; (iv) Personal purchases of any kind; and/or (v) Obtaining cash refunds for goods purchased with a City credit/purchase card. (6) Disallowed Charges. Disallowed charges or charges not properly identified will be paid by the employee before the charge card/purchase billing is due. Failure to do so will render the employee personally liable where the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee up to the unpaid amount, plus interest and/or fees at the rate charged by the bank that issued the card. The employee shall not use the credit/purchase card if any disallowed charges are outstanding. The act of obtaining a City credit/purchase card does not indicate pre-approval of expenditures. (7) Return of Credit/Purchase Card. The employee shall return all City credit/purchase cards at the request of the Director of Financial and Administrative Services, or upon separation of employment. Final paycheck will be held until all outstanding City property has been returned. Page 9 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E (b)The Mayor and/or Director of Financial and Administrative Services are authorized to implement any additional policies or administrative procedures necessary to implement the provisions of this section. SECTION 8. Chapter 3.01 of the Bremerton Municipal Code entitled "Rates and Fees" is hereby amended to read as follows: Chapter 3.01 RATES AND FEES 3.01.010 RATES AND FEES ESTABLISHED. Rates and fees for services relating to the Department of Financial and Administrative Services, Municipal Court, Department of Community Development, Police Department, Fire Department, Parks and Recreation Department, Department of Public Works and Utilities, Bremerton Kitsap Access Television (BKAT) and other related services are established by resolution or ordinance and are on file with the City Clerk and may be posted or linked on the City of Bremerton’s website. SECTION 9. Chapter 3.02.010 of the Bremerton Municipal Code entitled "Budget Structure" is hereby amended to read as follows: 3.02.010 BUDGET STRUCTURE. (a) Biennial Budget Established. (1) Pursuant to RCW 35.34.040, the City Council hereby establishes a two (2) year biennial budget for the City of Bremerton, beginning with the biennium starting on January 1, 2025. The 2025-26 biennial budget shall be prepared, considered and adopted under the provisions of the ordinance codified in this section and Chapter 35.34 RCW. (2) Mid-Biennial Review and Modification. Pursuant to Chapter 35.34 RCW, the City Council hereby provides for a mid-biennium review and modification of the biennial budget. No sooner than eight (8) months after the start of the first year of the fiscal biennium and no later than the first regularly scheduled City Council meeting in November of the first year of each biennial budget, the Financial and Administrative Services Director shall prepare proposed budget modifications to be effective the following January 1. SECTION 10. Chapter 3.08.040 of the Bremerton Municipal Code entitled "Payment of Claims" is hereby amended to read as follows: 3.08.040 PAYMENT OF CLAIMS. Claims presented to the City for the payment of materials furnished or services rendered to the City may be paid by warrant or check prior to City Council approval if the following conditions are met: (1) The Mayor, the Mayor Pro Tem, the Director of Financial and Administrative Services, and any designee authorized to sign the checks or warrants, shall each furnish an official bond for the faithful discharge of his or her duties in an amount not less than Page 10 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E fifty thousand dollars ($50,000). A blanket fidelity bond applicable to such officials and employees in addition to others in an amount not less than fifty thousand dollars ($50,000) shall be sufficient to meet this requirement. (2)All claims paid prior to Council approval shall require the approval of the Director of Financial and Administrative Services or his or her designee. (3)The City Council shall review all documentation supporting any claim paid and for approval of all checks or warrants issued in payment of any claim at its next regularly scheduled public meeting, subject to scheduling, but in no event, later than one (1) month from issuance. (4)If, upon review, the City Council disapproves a claim, the auditing officer, Mayor, Mayor Pro Tem, Director of Financial and Administrative Services, and any person signing the check shall jointly cause the disapproved claim to be recognized as a receivable of the City and shall direct the financial and administrative services department to pursue collection diligently until the amounts disapproved are collected or until the City Council is satisfied and approves the claim. (5)Notwithstanding the fact that all of the above conditions are met, the City Council may stipulate that certain kinds or amounts of claims shall not be paid before the City Council has reviewed the supporting documentation and approved the issue of checks or warrants in payment of those claims. SECTION 11. Chapter 3.12.030 of the Bremerton Municipal Code entitled "Funding Basis" is hereby amended to read as follows: 3.12.030 FUNDING BASIS. Beginning with the City’s fiscal year 2006 budget, all capital improvement projects as defined in this chapter will contribute to the one (1) percent for arts fund. (a) Calculation of Contribution to Fund. The amount of the annual appropriation for art shall be equal to one (1) percent of the total eligible funds of capital improvement projects as follows: (1) At a minimum, the amount budgeted for art in a capital improvement project shall be equal to one (1) percent of the total construction costs as bid and awarded. (2) In all cases where a capital improvement project has a scope of work that includes both eligible and ineligible elements and categories, the budget for art shall be calculated, at a minimum, in the eligible portions of the project. In all cases where a capital improvement project includes a source of funds which is eligible for a public art purpose but which may not be pooled with other funds and may not be used for another or different project, the budget for art in that capital improvement project shall include one (1) percent of such eligible funds. (b) Pooling of Funds. A policy is hereby established to direct the transfer to and pooling of all one (1) percent for arts fund program monies in the arts fund. Pooling affords the Page 11 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E opportunity to look at the needs of the City as a whole and use the art monies only for those projects which may have the greatest value and impact on communities or offer the best opportunities for artist involvement. (c) Appropriation of Funds. At the time a capital improvement project is proposed, the project department shall calculate and include a budgeted line item for the arts fund associated with each eligible project. The Finance Financial and Administrative Services Department shall confirm the calculations and include the appropriations for art in the proposed City budget. The amounts budgeted for the arts fund in particular projects may be adjusted to reflect Council changes to the budget for the capital improvement project. All amounts budgeted for the arts fund shall be transferred directly into the arts fund. Fund transfers to the arts fund will occur as soon as practicable after a bid has been awarded for the project. (d) Fund Balance. Any year the year-end estimated fund balance is budgeted at less than ten thousand dollars ($10,000), the general fund will transfer funds to the one (1) percent for arts fund to make up the shortfall. SECTION 12. Chapter 3.36.030 of the Bremerton Municipal Code entitled "Administration and Expenditure" is hereby amended to read as follows: 3.36.030 ADMINISTRATION AND EXPENDITURE. The Contingency Reserve Fund shall be operated as a special revenue fund administered by the Director of Financial and Administrative Services and the Mayor. All monies received by the fund, together with investment earnings thereon, may be expended only in the following manner: (a) Emergency or Unfunded Unforeseen Expense. Funds may be expended from the Contingency Reserve Fund in the event of 1) a bona fide emergency as defined in and pursuant to RCW 35.33.081 and 35.33.091, as currently enacted and hereinafter amended, or 2) for an unforeseen and unfunded expense. In either event, funds may be withdrawn from the Contingency Reserve Fund by transfer to the appropriate operating fund authorized by resolution or ordinance adopted by the City Council pursuant to RCW 35.33.147, as currently enacted and hereinafter amended. A unanimous vote of all members of the City Council shall be required to authorize fund transfer. (b) Funds in Excess of Minimum Fund Balance. Should the balance of the Contingency Reserve Fund at any time exceed the minimum fund balance, the excess funds may be used for capital purchases upon City Council approval by simple majority vote. SECTION 13. Chapter 3.49.060 of the Bremerton Municipal Code entitled "Rules and Regulations" is hereby amended to read as follows: 3.49.060 RULES AND REGULATIONS. The Director of Financial and Administrative Services, or designee, may establish administrative rules and regulations as deemed appropriate, consistent with this chapter for the purpose of enforcing and carrying out its provisions. Page 12 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E SECTION 14. Chapter 3.78.105 of the Bremerton Municipal Code entitled "Affordable Housing Capital Fund" is hereby amended to read as follows: 3.78.105 AFFORDABLE HOUSING CAPITAL FUND. If an application for the multifamily tax exemption is approved, the project has completed construction, and a final certificate of property tax exemption has been issued as set forth in BMC 3.78.100, the Director of Financial and Administrative Services, or designee, shall transfer to the affordable housing capital fund revenues based on the anticipated sales tax received or to be received by the City for the construction of the project. The Director shall determine the value of the sales tax revenues to be transferred to the fund based on (1) the City’s portion of the current sales tax rate for the construction, and (2) the estimated cost of construction as established in the building permit application and other relevant information as the Director deems appropriate. Once established, the funds will be transferred to the affordable housing capital fund at the beginning of the next fiscal year. The funds shall be used for affordable housing projects approved by the City Council, unless the funds are otherwise allocated by the City Council. SECTION 15. Chapter 10.10.010 of the Bremerton Municipal Code regarding Parking Code entitled "Definitions" is hereby amended to read as follows: 10.10.010 DEFINITIONS. For the purpose of this chapter, the words and phrases set forth in this section are defined as follows: "Block" means the area comprised of properties along each side of a street between two (2)intersections or an intersection and a road end. "BMC" means Bremerton Municipal Code. "Boat or vessel" means every description of watercraft used or capable of being used as a means of transportation on the water including marine vehicle (trailered or nontrailered). "Boat trailer" means any trailer or semi-trailer constructed and/or designed primarily to transport or carry boats. "City parking facility" means City-owned or City-controlled parking facility, including parking garages and parking lots, whether paid or unpaid parking. "Department" means the Department of Financial and Administrative Services, unless another department is referenced. "Director" means Director of Financial and Administrative Services or other department director authorized by the Mayor to enforce this chapter, or their designee, including, but not limited to, parking enforcement officer, unless another director is referenced. Page 13 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E "Downtown core" means that area in downtown Bremerton from and including Warren Avenue east to the waterfront and from and including 6th Street south to the waterfront and the Puget Sound Naval Shipyard. "Motor vehicle" means any self-propelled vehicle such as a car, truck, van, motorcycle, or any other similar self-propelled vehicle. "Paid parking zone" means the street, or part thereof, within the City where parking spaces are restricted to paid parking. "Parking generator" means anything that significantly increases commuter parking demand. Examples include, but are not limited to: ferry terminals, schools, hospitals, business districts, and military installations. "Parking permit" means a permit issued by the City that exempts the permit holder, when displayed properly, from the timed parking restriction in effect in the permit holder’s restricted parking zone. "Passenger load only zone" means a parking space reserved for active passenger loading or unloading only. These spaces will be marked with the time restriction applicable to them. "Peak parking hours" means those hours in a day where a particular vicinity experiences the greatest demand for parking. "Permit only zone" means a prescribed area where on-street parking is reserved for the exclusive use of the permit holders in the prescribed vicinity and their visitors holding a permit. "RCW" means Revised Code of Washington. "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self-propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot and further includes a dune buggy or off-road vehicle (trailered or nontrailered). "Resident," as used in this chapter, refers to an individual living in a dwelling unit or a business owner operating a business on property owned or leased by the business owner. "Resident vehicle" means a motor vehicle parked in a prescribed residential area by a resident of the area. "Residential area" means a contiguous area containing public rights-of-way or parts thereof primarily abutted by residential property or residential use. "Residential permit identification number" means a residential permit identification number assigned to (1) a specific vehicle license plate number, and (2) a dwelling unit and/or business location. Page 14 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E "Residential restricted parking zone" means a restricted parking zone in a residential area. "Restricted parking zone" means an area of the City subject to parking restrictions including time limits or other restrictions contained in this chapter including paid parking zones, passenger load only zones, permit only zones and other restricted parking areas or spaces both in residential and nonresidential areas. "Street" means any right-of-way, highway, avenue, lane, road, drive, place, boulevard, alley, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use. "Trailer" means every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a hitch or other connector, and ordinarily used for transporting items upon public rights-of-way. "Vehicle" means motor vehicle, car, truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle or boat or vessel (trailered or nontrailered), whether licensed or unlicensed, or motorized or nonmotorized, unless otherwise defined. "Visitor vehicle" means a motor vehicle parked by a person who is visiting a resident within a residential restricted parking zone. SECTION 16. Chapter 10.10.020 of the Bremerton Municipal Code entitled "Parking Administration" is hereby amended to read as follows: 10.10.020 PARKING ADMINISTRATION. Collection of parking fees, maintenance of parking meters or other collection devices, and the issuance of parking permits shall be administered by the Department of Financial and Administrative Services, which shall promulgate procedures to administer permits as authorized in this chapter, including processes for establishing proof of residency; vehicle ownership, use or control; and for the revocation of permits for misuse. Appropriate parking fee schedules, permit fees and related services as well as fines and penalties for violations shall be set by the City Council and are set forth in Chapter 3.01 BMC. Fees may be collected by the use of parking meters, pay boxes or other devices and through the issuance of parking permits authorized by this chapter. The Director shall, in a manner consistent with this chapter, establish, locate and post parking restrictions within the City rights-of-way where required to regulate parking. SECTION 17. Chapter 10.10.080 of the Bremerton Municipal Code regarding Parking Code entitled "Enforcement Procedures" is hereby amended to read as follows: Page 15 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E Page 16 of 20 10.10.080 ENFORCEMENT PROCEDURES. (a) Enforcement Officer. The parking regulations set forth in this chapter and the Washington Model Traffic Ordinance as adopted pursuant to Chapter 10.04 BMC shall be enforced by the: (1) City’s police officers and other law enforcement officers; and/or (2) City’s parking enforcement officers, as applicable. The City’s parking enforcement officers include parking enforcement officers with limited commission as set forth in subsection (d) of this section and those City officials authorized by the Director of Financial and Administrative Services or by the Director of Public Works and Utilities to enforce provisions of this chapter. (b)Notice of Infraction. If any vehicle is found parked, standing, or stopped in violation of this chapter, or otherwise violates the provisions of this chapter, the enforcement officer finding the vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle a notice of parking infraction. A notice of parking infraction represents a determination that a parking infraction has been committed. (c)Registered Owner - Responsible for Violation. In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehicle, the registered owner of the vehicle shall be responsible for the violation unless the registered owner can provide proof that the vehicle was sold or stolen or other similar event in which the registered owner had no direct or indirect control of the vehicle. (d)Limited Commission Officers. The City’s Police Department is authorized to appoint parking enforcement officers with a limited commission to issue notices of infractions for violations of the City’s parking regulations SECTION 18. Chapter 15.06.025 of the Bremerton Municipal Code regarding Utility Billing entitled "Sewer Conservation Loan Program" is hereby amended to read as follows: 15.06.025 SEWER CONSERVATION LOAN PROGRAM. (a) Property owners who meet the requirements of this section may qualify for a loan known as a sewer conservation loan pursuant to RCW 35.67.360. A sewer conservation loan under this section is a loan from the City to a property for all, or a portion, of the GFC established under BMC 15.06.020 and any inspection fees related to connection to the City’s wastewater system. The principal amount of the loan authorized by this section shall not exceed the amount of the GFC, together with inspection fees. (b) In order for a property owner to qualify for a loan under this section, the property to which the connection is to be made must be: Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E Page 17 of 20 (1) Within the City’s wastewater system; (2) A developed lot with an existing single-family home; and (3) Served by a septic system that has been designated as a failed septic system by the Kitsap Public Health District. (c) In order to qualify for a loan under this section, the property owner must: (1) Complete a sewer conservation loan application; (2) Pay the sewer conservation loan application fee; (3) Have no utility shut-offs within the thirty-six (36) months prior to the date of the sewer conservation loan application; (4) Execute a promissory note and deed of trust under the terms set out in this section; (5) Pay the recording fee to record the deed of trust; and (6) If outside City limits, agree not to protest any annexation petition that includes the property being connected to the City’s wastewater system and grant the City a limited power of attorney to include consent to the annexation of said property as part of any notice of intent or petition for annexation presented to the City. (d) The terms of the loan shall be as follows: (1) The loan will be structured as a simple promissory note. (2) The term of the note shall not exceed five (5) years, commencing on the date the property owner executes the promissory note. (3)The note will bear interest at the rate which is based on the City’s current investment yield at the time of the loan, plus a two percent (2%) margin to cover administrative costs and interest rate fluctuations over the loan period. (4)The loan will be secured by a deed of trust, or such other instrument as may be acceptable to the City Finance Financial and Administrative Director and City Attorney. (5)The note shall provide for acceleration of the principal upon default in any payment. In the event of default, the City shall have all available remedies, including, but not limited to, foreclosure of its interest in the property, notification of credit bureaus, use of collection agencies, and terminating service. (6)Loan principal and interest charges will be amortized and billed by the City and due monthly. The monthly payment will be no lower than fifty dollars ($50.00). Appropriate penalties may be imposed by the City for delinquent accounts. (7) There shall be no penalty for prepayment. Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E (8) The note will contain a due on sale clause which provides for payment in full of all outstanding principal and interest upon sale of the property. Loans shall be limited by available funds. The amount of available funds shall be at the discretion of the City Council and shall be determined periodically by City Council motion, resolution, or ordinance. All funds used for loan purposes shall be derived from operating revenues from the sale of sewer services. SECTION 19. Chapter 15.07.010 of the Bremerton Municipal Code regarding Utility Billing entitled "Purpose" is hereby amended to read as follows: 15.07.010 PURPOSE. The provisions in this chapter provide for the establishment of a City billing and receipting system for the reimbursement of the costs of providing utility service. The City is additionally authorized to provide to other municipal corporations billing and accounting services through interlocal agreement approved by the Mayor and authorized by the City Council. Utility billing shall be processed and administered by the Department of Financial and Administrative Services. SECTION 20. Chapter 15.07.020 of the Bremerton Municipal Code entitled "Utility Service Accounts" is hereby amended to read as follows: 15.07.020 UTILITY SERVICE ACCOUNTS. The City shall create a utility service account upon receipt of an executed utility service agreement or an executed owner/tenant form as applicable. The account shall be in the name of the owner and may be activated or terminated only upon written notice by the owner and payment for services provided. Owners of a single water-metered building shall be the bill payer responsible for all charges to the account. Billing for utility services shall commence for each service at the date of connection of each service to the property or the date of the closing of sale for a property. Billing for mandated wastewater service, as directed by the Health District local Health Official or the Director regardless of connection, shall commence sixty (60) days following written notice by the Health District local Health Official or the date of connection, whichever shall occur first. All utility billing forms will be available on the City of Bremerton website. Electronic signatures will be accepted for all utility billing online application submittals. When it benefits the utility to do so and at the discretion of the Director of Financial and Administrative Services, or designee, a credit may be authorized for a utility customer not to exceed fifty dollars ($50.00) per year per account. A credit in excess of this amount requires City Council approval by motion or resolution. Page 18 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E SECTION 21. Chapter 15.08 of the Bremerton Municipal Code entitled "Appeals" is hereby amended to read as follows: Chapter 15.08 APPEALS Sections: 15.08.010 APPEALS - DEPARTMENT OF FINANCIAL AND ADMINISTRATIVE SERVICES. 15.08.020 15.08.010 APPEAL - ADMINISTRATIVE HEARING EXAMINER. APPEALS - DEPARTMENT OF FINANCIAL AND ADMINISTRATIVE SERVICES. A property owner, tenant or developer ("customer") shall have the right to appeal matters dealing with accounting, billing and service termination. In the case of termination of service, an appeal shall be filed in writing with the Department of Financial and Administrative Services within fourteen (14) days of the notice of termination. All other complaints shall be filed within thirty (30) days of notice of the action appealed. The City shall be required to respond in writing to the appellant within thirty (30) days affirming or reversing its decision or requesting additional information for adjudication of the complaint. 15.08.020 APPEAL - ADMINISTRATIVE HEARING EXAMINER. Any customer aggrieved by the City’s decision after a written complaint has been denied by the City under BMC 15.08.010 may, within fourteen (14) calendar days from the date that the City’s decision was mailed to the customer, appeal such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon, the Administrative Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the City’s decision, and may impose any terms thereupon. The decision of the Administrative Hearing Examiner shall be final. The customer and/ or the City may seek review of the decision by the superior court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. Page 19 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E SECTION 22. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance, including but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 23. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 24. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2025. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of _____________________, 2025. ______________________________ GREG WHEELER, Mayor ATTEST: _________________________________ __________________________ LINDSEY VICTOR, for City Clerk KYLIE FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2025. EFFECTIVE the ________ day of ______________________, 2025. ORDINANCE NO. ____________ Page 20 of 20 Docusign Envelope ID: CE2EA69B-51CF-4C72-B686-0AEFD1938C2E 5th 6th 5507 18th February February February 7th February