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023-18 - Ordinance - New Chapter 3.81 Equipment Rental and Revolving FundORDINANCE NO. 023-18 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADDING A NEW CHAPTER 3.81 ("EQUIPMENT RENTAL AND REVOLVING FUND") TO THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, RCW 35.21.088 requires every city having a population of more than eight thousand to establish an equipment rental fund in its street department or any other department of city government; and WHEREAS, the City Council has determined that it is in the best interests of the city to amend Title 3 of the Port Orchard Municipal Code to set forth the requirements of an equipment rental and revolving fund and to adopt appropriate procedures relating thereto; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 3.81 shall be added to the Port Orchard Municipal Code, which shall read as follows: Chapter 3.81 EQUIPMENT RENTAL AND REVOLVING FUND Sections: 3.81.010 Equipment rental and revolving fund created. 3.81.020 Funds administration. 3.81.030 Equipment included. 3.81.040 Financial management of the fund 3.81.010 Equipment rental and revolving fund created. There is hereby created an Equipment Rental and Revolving Fund to be used as a revolving fund to be expended for salaries, wages, and operations required for the repair, replacement, purchase, and operation of equipment, and for the purchase of equipment, materials, and supplies to be used in the administration and operation of the fund. 3.81.020 Funds administration. The Equipment Rental and Revolving Fund shall be administered by the finance director or designee in accordance with RCW 35.21.088. The city will establish and follow policies to ensure proper use and management of funds and assets. 3.81.030 Equipment included. All motor vehicles and various equipment owned by the Ordinance No. 023-18 Page 2 of 3 city departments may be transferred to the Equipment Rental and Revolving Fund at the direction of the finance director. Certain specialized items of equipment may, at the direction of the finance director, be expressly excluded from the Equipment Rental Revolving Fund. 3.81.040 Financial management of the fund. (1) Origins of funding. Fund balances of the Cumulative Reserve for Equipment Replacement Fund, Water-Sewer Equipment Replacement Fund, and Storm Equipment Replacement Fund shall be transferred to the Equipment Rental and Revolving Fund herein after the effective date of this Ordinance and at the direction of the finance director. Additional monies from available sources may be placed in the fund from time to time by legislative authority of the city as needed. (2) Equipment use charges. Charges for the use of equipment shall be sufficient to cover the maintenance, operation and replacement of such equipment and the terms for the rental thereof shall be determined by the finance director and approved by the adoption of the budget. Such rental rates shall be reviewed and, if needed, revised to meet changing cost of maintenance, operations and replacement. (3) Records and accounts. There shall be kept, as directed by the finance director, such books, accounts and records as are necessary to control and report the financial operations of the Equipment Rental and Revolving Fund. Within the fund there shall be separate accounting for operation, maintenance and replacement of the equipment. (4) Deposits. All monies deposited in the Equipment Rental and Revolving Fund and not expended as provided in this chapter shall remain in the fund from year to year and shall not be transferred to any other fund or expended for any other purpose. (5) Disposition. If at any time hereafter the city council of the City of Port Orchard shall abolish said Equipment Rental and Revolving Fund, all monies on deposit therein shall revert to the originating fund source. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. Ordinance No. 023-18 Page 3 of 3 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 21st day of August 2018. Robert Putaansuu, Mayor ATTEST:SPONSOR: 1 4.v. / Bran inearSon, MMC, City Clerk Bek Ashby, Councilmemb I;SEAL ! I ■S. • </> • - APPROVED AS TO FORM: Snaron Cates, City Attorney PUBLISHED: EFFECTIVE DATE: August 31, 2018 September 5, 2018 NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held August 21, 2018. ORDINANCE NO. 023-18 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADDING A NEW CHAPTER 3.81 (“EQUIPMENT RENTAL AND REVOLVING FUND”) TO THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 023-18 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 023-18 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, August 31, 2018