ORDINANCE_____________

AN ORDINANCE relating to certain functions of the executive branch of City government; creating a City Budget Office, creating a Department of Finance and Administrative Services; establishing the duties of the new office and department; abolishing the Department of Finance, Fleets and Facilities Department, and Department of Executive Administration and reassigning certain functions currently performed by those departments; reassigning certain functions from the Department of Neighborhoods; assigning certain functions to the Office of Intergovernmental Relations; assigning certain functions to the Office of Economic Development; transferring and making changes to certain positions, some of which are exempt; designating positions as exempt from civil service; making provisions for transition; amending the 2010 Adopted Budget; changing the names, departmental associations, and purpose statements of various Budget Control Levels; amending Ordinances 117190, 117375, 117524, 117921, 119145, 119158, 122232, 122857, 123013, 123177, 123252, and Attachment A to Ordinance 122991; repealing obsolete provisions in the Seattle Municipal Code; adding Chapters 3.39, 3.126, 3.127, and 5.34; repealing Chapters 3.04, 3.18, 3.38, 4.68, 20.49, and Sections 3.104.020, 3.106.010, 3.108.010, 4.20.150, 4.20.375, 5.04.040, 10.24.030, 10.38.050, 20.20.030, 21.60.410, 21.60.420, and 21.60.430; adding, amending, updating, and/or clarifying sections in Chapters 3.02, 3.06, 3.14, 3.28, 3.30, 3.33, 3.35, 3.40, 3.58, 3.70, 3.73, 3.76, 3.90, 3.116, 3.121, 3.124, 4.04, 4.08, 4.13, 4.14, 4.20, 4.24, 4.28, 4.36, 4.40, 4.44, 4.70, 4.72, 4.96, 4.100, 5.04, 5.06, 5.08, 5.09, 5.10, 5.12, 5.14, 5.16, 5.20, 5.22, 5.24, 5.30, 5.33, 5.40, 5.45, 5.55, 5.56, 5.64, 5.78, 5.80, 6.02, 6.10, 6.14, 6.20 6.36, 6.38, 6.42, 6.48, 6.102, 6.202, 6.222, 6.270, 6.295, 6.310, 6.315, 7.04, 7.08, 7.20, 7.25, 7.26, 9.25, 9.26, 10.02, 10.08, 10.11, 10.46, 11.16, 11.23, 11.30, 11.50, 11.60, 12A.08, 12A.62, 15.04, 15.38, 15.42, 15.52, 15.62, 16.08, 18.12, 18.28, 20.04, 20.08, 20.12, 20.20, 20.38, 20.40, 20.42, 20.45, 20.48, 20.50, 20.60, 20.70, 20.76, 20.80, 20.84, 21.04, 21.16, 21.24, 21.28, 21.36, 21.40, 21.60, 21.68, 21.72, 21.76, 22.208, 22.220, 22.900D, 22.904, 23.22, 23.44, 25.05, and 25.28 of the Seattle Municipal Code; and ratifying and confirming certain prior acts all by a 2/3rd vote of the City Council.

WHEREAS, the Mayor has proposed a reorganization of City government that places Citywide financial management functions, fleet services, facilities services, internal services, constituent services and certain other administrative functions within a new Department of Finance and Administrative Services; and

WHEREAS, as part of this reorganization, the Mayor has also proposed the creation of a City Budget Office to conduct long-term financial planning and manage the City's expenditures by developing and monitoring an annual budget to support core City services and the Mayor's and Council's priorities; and

WHEREAS, in creating the new Department of Finance and Administrative Services (FAS), functions from the former Fleets and Facilities Department, former Department of Executive Administration, the Customer Service Bureau of the Department of Neighborhoods, and the economic forecasting and debt management function from the former Department of Finance are being transferred into FAS; and

WHEREAS, in creating the new City Budget Office (CBO), the City's budgeting and long-term financial planning functions are being transferred into CBO; and

WHEREAS, the proposed reorganization calls for the abolishment of the former Department of Finance, Department of Executive Administration, and Fleets and Facilities Department; and

WHEREAS, when revising the Seattle Municipal Code (SMC) to reflect the proposed reorganization, certain other obsolete references were updated in order to reflect current practice; and

WHEREAS, the City Council supports the proposed reorganization and updating the SMC; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

ESTABLISHMENT OF NEW DEPARTMENT

AND TRANSFER OF FUNCTIONS

Section 1. A new City Budget Office is created in the Executive Department to develop, defend, and monitor the City of Seattle's annual budget, to carry out budget-related functions, and to oversee fiscal policy and financial planning activities as set forth in this ordinance.

Section 2. A new Department of Finance and Administrative Services is created to carry out the administrative and oversight functions set forth in this ordinance, and exercise general supervision over the financial affairs of the City as set forth in the City Charter or as assigned in this or another ordinance.

Section 3. All rules, regulations, notices, and proceedings in effect on the effective date of this ordinance with respect to activities carried out by the Department of Finance, Fleets and Facilities Department, Department of Executive Administration, and the Customer Service Bureau unit in the Department of Neighborhoods shall continue in effect, unless and until they expire of their own terms or are superseded. If and to the extent responsibility for the activity at issue has been transferred to the Department of Finance and Administrative Services by this or another ordinance, any power or responsibility under such rules, regulations, notices and proceedings that was formerly performed by the Director of Finance shall be performed by the Director of Finance and Administrative Services or his or her designee.

Section 4. Chapter 3.04 of the Seattle Municipal Code is repealed and the Department of Executive Administration is abolished.

Section 5. Chapter 3.18 of the Seattle Municipal Code is repealed and the Fleets and Facilities Department is abolished.

Section 6. Chapter 3.38 of the Seattle Municipal Code is repealed and the Department Finance is abolished.

Section 7. Chapter 3.14 of the Seattle Municipal Code is amended as follows:

Subchapter I (( Office of Cable Communications )) City Budget Office

Section 8. A new Section 3.14.100 is added to the Seattle Municipal Code and the City Budget Office is created in the Executive Department as follows:

3.14.100 City Budget Office created -Functions, powers, and authority.

There is established a City Budget Office in the Executive Department to direct City budgeting functions and oversee its fiscal policy and financial planning activities unless law or ordinance vests such power elsewhere.

The head of the City Budget Office shall be the City Budget Director. The City Budget Director's functions and powers include the following:

A. Subject to the City's personnel ordinances and rules, appoint, assign, supervise and control all officers and employees in the Office;

B. Manage the preparation of the proposed budget for the Office, authorize appropriate expenditures, monitor, and carry out the adopted budget, develop and manage programs, and undertake authorized activities;

C. Be the Budget Director as referenced in Chapter 35.32A RCW and prepare the Mayor's proposed budgets for submission to the City Council, giving guidance as appropriate to other City departments, offices, boards, and commissions in the preparation of their proposed budgets;

D. Provide strategic financial analysis, including analysis that relates to the use of revenues, debt, long term financial planning, and special trends and events;

E. Be the Mayor's agent with regard to the acceptance of Council Bills that have been passed by the City Council and are presented for mayoral action;

F. Provide technical assistance, training, and support to City departments in performing financial functions; and

G. Perform such other activities as may be assigned by ordinance from time to time.

Section 9. A new Section 3.14.110 is added to the Seattle Municipal Code as follows:

3.14.110 City Budget Director -Appointment -Removal.

The City Budget Director shall be appointed, by the Mayor, subject to confirmation by a majority vote of the City Council, and shall be subject to reappointment and reconfirmation every four years. The City Budget Director may be removed by the Mayor upon filing a statement of his or her reasons for the removal with the City Council.

Section 10. Section 3.14.420 of the Seattle Municipal Code as last amended by Ordinance 108098 is amended as follows:

3.14.420 Director -Duties.

Under the direction of the Mayor, and in consultation with the City Council, the duties of the Director of the Office of Intergovernmental Relations shall be as follows:

A. To provide support to the Mayor and City Council in their interactions with regional, state, federal and international officials and entities.

B. To facilitate the process of developing the City's State and Federal legislative priorities by working with the Mayor and City Council to identify joint priorities and helping to resolve differences.

C. To represent and support the interests of the City , as determined by the Mayor and the City Council, in interactions with Congress, federal agencies, national organizations, and appointed and elected national officials, and to influence lawfully the decisions and actions of such individuals, Congress and agencies in support of City activities and policies;

(( B )) D . To represent and support the interests of the City , as determined by the Mayor and the City Council, and its policies in relationship with the State Legislature, Governor's Office, agencies and state boards and commissions, and to develop and represent the City's annual State Legislative Program;

(( C )) E . To coordinate and provide staff support in the representation of the City and its interests and policies in interactions with special and multipurpose regional agencies and general purpose local government, and to influence the decisions and actions of these agencies in accordance with City policy;

(( D )) F . To represent and support the interests of the City in interactions with foreign consular officials, international organizations, international delegations and dignitaries, and to manage Seattle's Sister City and other international programs.

G. To appoint, remove, supervise, and control all officers and employees of the Office of Intergovernmental Relations in accordance with civil service laws and rules;

(( E )) H . To manage the preparation of the proposed annual budget of the Office of Intergovernmental Relations, authorize necessary expenditures, and supervise the maintenance of adequate accounting systems and procedures;

(( F )) I . To ensure that the City's elected officials and departments are made aware of major federal funding programs, regulatory and legislative activity and to coordinate the City's response to these federal actions;

(( G )) J . To ensure that the City's elected officials and departments are supported and staffed on all policy issues arising in the regional agencies such as King County Government, (( Metro, )) Puget Sound Council of Governments, (( Puget Sound Health Systems Agency, Puget Sound Air Pollution Control Agency, )) Economic Development District and any other regional governmental agencies as needed;

(( H )) K . To ensure that the City's elected officials and departments are made aware of major state funding programs, regulatory and legislative actions and assist them in participating in these state activities.

L. To ensure that the City's elected officials and departments are supported and staffed on all policy issues and activities arising from the City's international programs, relationships and activities.

M. To provide monitoring of public corporations established pursuant to Seattle Municipal Code Chapter 3.110, in consultation with the Director of Finance.

N. For the duration of regular and special sessions of the Washington State Legislature, provide written and in-person updates to the Mayor and City Council, at regular intervals.

Section 11. A new Chapter 3.39 is added to the Seattle Municipal Code and the Department of Finance and Administrative Services is created as follows:

Chapter 3.39 Department of Finance and Administrative Services

Section 12. A new Section 3.39.010 is added to the Seattle Municipal Code as follows:

3.39.010 Department established --Purpose.

There is established a Department of Finance and Administrative Services.

A. The Department shall exercise general supervision over the financial affairs of the City, including but not limited to the following:

1. direct City borrowing activities;

2. provide policy direction concerning investments;

3. administer licensing for regulation and/or revenue unless law or ordinance vests such power elsewhere; and

4. provide revenue forecasts for those sources that are directly dependent on local economic conditions, including but not limited to sales tax, business and occupation tax, property tax, real estate excise tax and utility taxes;

5. provide economic and policy analysis on matters related to these same revenue sources;

6. provide assessments of local economic conditions and more general economic analyses, as appropriate and/or as requested;

7. provide general oversight of the City's Retirement Boards;

8. manage and maintain the City's accounting and financial systems.

B. The Department shall administer and enforce laws and ordinances relating to weights, measures, and consumer protection.

C. The Department shall be responsible for administering the following internal services for the City including but not limited to:

1. the City's public works contracting processes, and execution of contracts for public works projects;

2. the contractor processes, and execution and management contracts for all supplies, material, equipment and services required by City agencies;

3. the disposition of property, equipment, supplies, and material other than art works that are surplus to the City's needs;

4. municipal property management and real estate services;

5. fleet services;

6. and, capital facilities and improvements planning, construction, operation, and maintenance for general government use.

D. The Department shall administer and enforce laws and City ordinances relating to animal control.

E. Within the Department there is established a Finance Division, which shall be the Department of Finance for the purposes of Article VIII Section 1 of the City Charter. The Finance Division shall perform such duties of the Department of Finance and Administrative Services as described in Section 3.39.035, plus those assigned at the discretion of the Director of Finance and Administrative Services.

F. All references to "Department of Executive Administration," "Department of Finance," "Fleets and Facilities Department," "Department of Administrative Services," "Department of Licenses and Consumer Affairs," "Board of Public Works," "Director of Executive Administration," "Director of Fleets and Facilities," "Purchasing Agent" or "Director of Licenses and Consumer Affairs," in the Municipal Code shall be deemed to be a reference to "Department of Finance and Administrative Services" or "Director of Finance and Administrative Services or his/her designee" as may be applicable, except where the historical reference to "Purchasing Agent," "Department of Administrative Services," "Department of Licenses and Consumer Affairs," "Director of Licenses and Consumer Affairs," "Director of Executive Administration," "Director of Fleets and Facilities," or "Board of Public Works" is called for by context.

Section 13. A new Section 3.39.020 is added to the Seattle Municipal Code as follows:

3.39.020 Director of Finance and Administrative Services functions and powers.

The Director of Finance and Administrative Services' functions and powers include but are not limited to the following:

A. Subject to the City's personnel ordinances and rules, appoint, assign, supervise and control all officers and employees in the Department;

B. Manage the preparation of the proposed budget for the Department, authorize appropriate expenditures and carry out the adopted budget, develop and manage the Department's programs, and undertake authorized activities;

C. Promulgate rules and regulations in accordance with Chapter 3.02 as deemed necessary to carry out the functions of the Department;

D. Maintain the City's financial accounts and records, issuing financial statements on behalf of the City, establish accounting policies and procedures for City departments, and monitor departmental compliance therewith;

E. Provide managerial oversight to the Finance Director in the exercise of duties authorized under SMC 3.39.035, and as assigned by ordinance;

F. Keep the City Treasury, receive and disburse all money belonging to the City, unless otherwise expressly provided by state law or City ordinance; collect funds due to the City when the function has not been assigned to another City department; and prepare and disburse the payroll after receiving proper certification from departments;

G. Certify City officers or employees as cashiers for receiving and depositing funds due to the City, establish criteria for their certification and internal controls for cash management, suspend or withdraw their certification, and pursue remedies available at law in the event of loss;

H. Select qualified public depositories for the deposit of City moneys as contemplated by RCW Chapter 39.58;

I. Invest funds in excess of the City's current needs, forecasting cash balances and needs, deposit and manage cash, and administer trust accounts that are not assigned to any other department;

J. Arrange for withholding and payment of applicable federal and state taxes;

K. Provide technical assistance, training, and support to City departments in performing financial functions;

L. Issue, deny, suspend, and revoke licenses for regulatory or revenue purposes according to law;

M. In the administration of public works contracting processes, require that all public works activities and contracts for public works projects are developed and carried out in a manner consistent with applicable state law and City ordinances. In case of an emergency requiring the immediate or expedited execution of public works contracts, the Director or his or her designee is authorized to declare the existence of an emergency situation, waive competitive bidding requirements, and award public works contracts as necessary to address the emergency. For purposes of this subsection, emergency situations are those that would impair the continued conduct of essential City functions, programs, services, or activities; create an undue hardship for residents, visitors, businesses, City departments, or other government agencies; result in a financial or property loss; or threaten public health or safety.

N. Consistent with this title and as otherwise authorized by ordinance, administer the City's purchasing and contracting processes, including solicitation of offers and proposals, and administration and enforcement of agreements made; execute public works contracts for the City, purchasing of supplies, materials, equipment and maintenance services, expert and consultant services, and disposition of property, equipment, supplies, and material, other than art works, that are surplus to the City's needs;

O. At his or her discretion or as otherwise authorized by ordinance, delegate any or all of the powers granted in subsections 3.39.020.M and 3.39.020.N to other departments, including but not limited to the authority to execute or administer classes of or individual portions of contracts;

P. Provide risk management and insurance services and process claims against the City pursuant to Chapter 5.24;

Q. Manage the City's real estate portfolio, excluding those properties for which the City Charter, ordinance or state law requires management by another department. Management includes planning and development, acquisition, disposal, analysis, development of policy and procedure, and general administration, including space allocation and operations;

R. Establish a system of prices, rates and allocations, and charge City departments and other users for services furnished by the Department and the use of City facilities, Department services, vehicles, and equipment; and establish a system of rates to be charged to City departments for the value of providing City-wide directory assistance services, which the Department of Information Technology will bill to departments;

S. Manage the City's fleet and provide services to other public fleets, in accordance with City policy, including policies that address the environmental and financial impacts of the fleet;

T. Provide a single point of contact to receive and resolve constituent concerns, questions, and complaints; oversee Citywide compliance in responding to public record requests; provide directory assistance for the City; provide information about City government to the public; present constituent concerns to City departments, and strengthen and ensure coordinated departmental responses; and

U. Perform such other activities as may be assigned by ordinance from time to time.

Section 14. A new Section 3.39.021 is added to the Seattle Municipal Code as follows:

3.39.021 Director of Finance and Administrative Services-Appointment and removal.

The Director of Finance and Administrative Services shall be appointed by the Mayor subject to confirmation by majority vote of the City Council, and shall be subject to reappointment and reconfirmation every four years. The Director may be removed by the Mayor at any time upon filing a statement of reason therefor with the City Council.

Section 15. A new Section 3.39.022 is added to the Seattle Municipal Code as follows:

3.39.022 Director -Definition.

Throughout this Chapter 3.39, whenever the word "Director" is used without further description, it shall refer to the Director of Finance and Administrative Services or his or her designee.

Section 16. Three new Sections 3.39.030, 3.39.033 and 3.39.035 are added to the Seattle Municipal Code as follows:

3.39.030 Director of Finance -Appointment and removal.

The Director of Finance manages the Finance Division housed within the Department of Finance and Administrative Services, and is the Director of Finance referenced in Article VIII Section 1 of the City Charter. The Director of Finance, who shall report to the Director of Finance and Administrative Services, shall be appointed by the Mayor subject to confirmation by a majority of the City Council, and shall be subject to reappointment and reconfirmation every four years. The Finance Director may be removed by the Mayor by filing a statement of his or her reasons for the removal with the City Council.

3.39.033 Joint Appointment of the Director of Finance and Administrative Services and the Director of Finance.

The positions of Director of Finance and Director of Finance and Administrative Services are not incompatible offices and may be held by the same person. Should the Mayor choose to appoint the same person to concurrently fill the Director of Finance and the Director of Finance and Administrative Services positions, the Mayor shall make a single appointment to the two positions. If a concurrent appointment is confirmed by the City Council, both offices shall report to the Mayor.

3.39.035 Director of Finance -Functions and powers.

The Director of Finance's functions and powers include but are not limited to the following:

A. Provide economic forecasting, in coordination with the City Budget Office, including:

1. Monitor forecasts for the national and state economies, and,

2. Develop forecasts for the region's and City's economies.

B. Provide revenue forecasting and analysis, in coordination with the City Budget Office, including:

1. Develop and compile forecasts for revenues for the General Subfund, Real Estate Excise Tax, Bridging the Gap program, and other special levy supported funds,

2. Monitor revenue collections relative to forecasts, and,

3. Assess and develop revenue policy options in response to emerging trends, changes in state policies, and requests by City officials (including the City Budget Office).

C. Manage City tax administration:

1. Create and administer rules and procedures for City-levied taxes,

2. Ensure processing tax information is efficient,

3. Maintain existing and develop new strategies for ensuring tax compliance, and,

4. Oversee process to adjudicate taxpayer appeals about tax liabilities.

D. In accordance with City Ordinances, the Seattle Municipal Code, and applicable state or federal laws, provide general oversight of City retirement boards including:

1. The Seattle City Employees' Retirement System. Duties shall include:

a. Provide fund monitoring,

b. Oversee fund management,

c. Assess and deliberate investment policies,

d. Assess and deliberate contribution policies,

e. Assess and deliberate benefit policies, and,

f. Support members of the Board of Administration of the Seattle City Employees' Retirement System and the City's elected officials in their assessment of the system's financial integrity.

2. Police Relief and Pension Fund -general oversight,

3. Firemen's Relief and Pension Fund -general oversight, and,

4. The City of Seattle Voluntary Deferred Compensation Plan and Trust Committee. Duties shall include:

a. Oversee plan administration, and,

b. Assess fund selection options.

E. Debt administration, in coordination with the City Budget Office, including:

1. Develop and maintain general policies for City debt,

2. Assess proposals for use of debt; ensure proposals consistent to debt policies,

3. Issue debt,

4. Ensure compliance to federal, state, City, and bond restrictions for use of bond proceeds, and,

5. Ensure debt service is paid from appropriate funds.

F. Manage City borrowing and investor relations, apply for bond ratings, execute and issue all appropriate documents including contracts and other documents for and on behalf of the City in connection with the issuance of bonds and other debt instruments as authorized by ordinance or resolution, retain financial and other necessary consultants, keep all necessary registers of creditors, and arrange for repayment of debts;

G. Report not less than quarterly to the Council's Finance & Budget Committee, or its successor committee, the performance of all major tax and fee revenue streams; the status of the City cash pool, including cash totals, performance of investments made from the pool, and the status of any and all interfund loans; and the status of City debts, debt service, debt capacity, and debt guarantees.

H. Financial oversight for specified City financial commitments, including:

1. Support the Director of the Office of Intergovernmental Relations by providing financial oversight of and monitoring the City's fiscal responsibilities related to public corporations established pursuant to Seattle Municipal Code Chapter 3.110, including City Public Development Authorities, Preservation and Development Authorities and the Museum Development Authority,

2. Develop processes to monitor and report on City's use of federal stimulus funds, and,

3. Assess City's liabilities for compliance to the Americans with Disabilities Act.

I. Report not less than quarterly to the Council's Finance & Budget Committee, or its successor committee, the status of any audits conducted by the Washington State Auditor's Office and act as a liaison to facilitate communication among City departments, the Washington State Auditor's Office and the Seattle City Council.

At his or her discretion, and with the approval of the Director of Finance and Administrative Services, the Director of Finance may delegate any of the duties authorized in this chapter to any other qualified city employee.

Section 17. A new Section 3.39.040 is added to the Seattle Municipal Code as follows:

3.39.040 Statutory duties of treasurer.

Any reference to City Treasurer or City Comptroller in state law, contract, inter-local agreement or other similar source shall be deemed to refer to the Director of Finance and Administrative Services.

Section 18. A new Section 3.39.050 is added to the Seattle Municipal Code as follows:

3.39.050 Payment by check, electronic payment, credit card, or warrant.

The Director of Finance and Administrative Services is authorized to elect to pay claims against, or other obligations of, the City out of solvent funds by check, electronic payment, or credit card. If the applicable fund is not solvent at the time payment is ordered, a warrant shall be issued therefor. The Director shall issue payment in his or her name or under his or her authority.

Section 19. A new Section 3.39.060 is added to the Seattle Municipal Code as follows:

3.39.060 Authority to draw and pay warrants or make payment by check, electronic payment, or credit card.

Unless the ordinance indicates otherwise, the making of an appropriation is sufficient authority for the Director of Finance and Administrative Services to draw and pay the necessary warrants and make the necessary transfers upon properly executed vouchers drawn by the appropriate department head or an authorized assistant. If the applicable fund is solvent at the time payment is ordered, the Director may elect to make payment by check, electronic payment, or credit card.

Section 20. A new Section 3.39.070 is added to the Seattle Municipal Code as follows:

3.39.070 Designation of delegates in City offices and departments.

A. The Director of Finance and Administrative Services is authorized to designate and appoint the head of a department, office, board, or other administrative unit, and with his or her concurrence subordinate officers therein, as delegates for the express purpose of authenticating and certifying vouchers, payrolls, and other central financial management transactions of the City, and updating vendor file information. Delegates so designated shall assume responsibility for ensuring that all claims that have been incurred by their respective administrative units are just, due and unpaid obligations and that materials were furnished, services were rendered or labor was performed as stated on each such claim, and that the vendor file information has been updated.

B. The Director of Finance and Administrative Services may at his or her discretion withdraw any or all authority delegated.

Section 21. A new Section 3.39.080 is added to the Seattle Municipal Code as follows:

3.39.080 Unclaimed property.

The Director of Finance and Administrative Services is designated as the City's representative to the State of Washington, Department of Revenue, for the filing of reports and seeking refunds contemplated by the Uniform Unclaimed Property Act of 1983, RCW Chapter 63.29.290(1) (the "Act"). For such purposes, the Director is authorized to coordinate reporting by all City departments; to transfer moneys from the Light Fund to the General Fund on vouchers drawn by the Superintendent of the City Light Department in accordance with appropriations made in its annual budget; and to reserve at the end of each budget year from unexpended and unencumbered balances of appropriations made for other City departments an amount sufficient to cover payments to claimants (RCW 63.29.135).

BUDGET

Section 22. The Department of Finance and Administrative Services shall have control of, and responsibility for, the 2010 budget appropriations of the Department of Executive Administration, including all funds carried forward from that department from 2009 to 2010.

Section 23. The Department of Finance and Administrative Services shall have control of, and responsibility for, the 2010 budget appropriations of the Fleets and Facilities Department, including all funds carried forward from that department from 2009 to 2010.

Section 24. Attachment A to Ordinance 123177 is amended to reflect changes to department names, Budget Control Levels, and purpose statements to conform to the reorganization of City government authorized in this ordinance, as reflected in the attached Exhibit 1.

Section 25. The Department of Finance and Administrative Services and the Department of Neighborhoods shall charge expenses associated with costs and staffing of the Office of Constituent Services Budget Control Level (formerly known as the Customer Service Bureau Budget Control Level in the Department of Neighborhood's 2010 Adopted Budget) as shown in Exhibit 1 attached hereto.

Section 26. The Department of Finance and Administrative Services and the Executive Department's City Budget Office shall charge expenses associated with costs and staffing to the Financial Planning and Oversight Budget Control Level (formerly known as the Finance Budget Control Level in the Department of Finance's 2010 Adopted Budget) as shown in Exhibit 1 attached hereto.

POSITIONS

Section 27. All positions in the former Department of Executive Administration and the former Fleets and the Facilities Department and their incumbents, if any, are assigned to the Department of Finance and Administrative Services. Position No. 00017090, formerly at the Department of Executive Administration, is modified as shown:

Section 28. The following positions from the former Department of Finance and their incumbents, if any, shall be assigned to the Department of Finance and Administrative Services:

Section 29. The following positions from the former Department of Finance and their incumbents, if any, shall be assigned to the City Budget Office:

Section 30. The following positions from the Department of Neighborhoods and their incumbents, if any, shall be assigned to the Department of Finance and Administrative Services:

MISCELLANEOUS CHANGES TO THE SEATTLE MUNICIPAL CODE

Section 31. Subsection 3.02.090.A of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.02.090 Hearings in contested cases.

A. In any contested case all parties shall be afforded an opportunity for hearing after not less than (( twenty( ))20(( ) )) days' notice in writing; provided that a hearing may be set on shorter notice where substantial injury to a party would otherwise result; provided further, that unless otherwise provided by ordinance or rule, no hearing shall be required in any case except upon the demand of a party. Notice of hearing shall be accompanied by a filing fee as established by ordinance, which the Hearing Examiner shall ensure is received by the Director of Finance and Administrative Services (( Executive Administration )).

* * *

Section 32. Section 3.06.055 of the Seattle Municipal Code, last amended by Ordinance 121276, is amended as follows:

3.06.055 Restricted set-asides.

A. The Director of (( Executive Administration )) Finance and Administrative Services shall create within the Department of Planning and Development Fund a set-aside account funded from regulatory fees and other money allotted thereto, for the accumulation of set-asides for the following municipal purposes:

1. Staffing Stability -to allow the Department of Planning and Development to retain trained staff during cyclical economic downturns so that the experience and abilities of that staff are available to customers when the economy again turns upward.

2. Technology -to accumulate needed funding to assure that major technology systems of the Department of Planning and Development can be upgraded or replaced when necessary.

3. Technology Currency -to hold funds adequate to accomplish normal personal computer replacements for the Department of Planning and Development for a single year so that normal upgrades can occur even in the trough of an economic downturn.

4. Strategic Planning and Implementation -to allow the Department of Planning and Development to plan ahead for continuous process improvements to better serve its customers, and to implement those plans, including staff training and equipment.

B. 1. Expenditures from the set-aside account shall be made only when expressly authorized by the City Council either by identification in the budget ordinance or other ordinance, or as set out in subsection B2 below with respect to the staffing stability set-aside.

2. The Director of Department of Planning and Development may, within the limits of that department's budgeted expenditure authority, draw on the appropriate subdivision of the staffing stability set-aside for the purpose established in subsection A1 to pay staffing costs associated with a particular regulatory revenue source, but only when doing so is consistent with the most recently adopted financial policies for the department. The Director shall provide (( sixty ( ))60(( ) )) days notice in advance to the chair of the City Council's Finance(( , )) and Budget (( and Economic Development )) Committee, or its successor committee with responsibility for making recommendations on legislative matters relating to budget and financing of each proposed use of the staffing stability set-aside under authority of this subsection B2.

Section 33. Section 3.14.620 of the Seattle Municipal Code, last amended by Ordinance 123090, is amended as follows:

3.14.620 Director -Powers and authority.

Under the direction of the Mayor, and in consultation with the City Council, the duties and powers of the Director of the Office of Economic Development shall be as follows:

A. To appoint, remove, assign, supervise, and control all officers and employees of the Office of Economic Development in accordance with applicable civil service laws and rules;

B. To manage the preparation of the annual budget of the Office of Economic Development(( , under the guidance of the Director of Finance )); authorize appropriate expenditures and carry out the adopted budget; develop and manage programs; and undertake authorized activities;

C. To make, modify, alter, and extend loans under the City's business loan programs consistent with the laws and ordinances relating to each program; to accept, release, subordinate, and foreclose on security interests in real and personal property; and to sign and deliver documents and to take other actions as shall be necessary or appropriate for such purposes;

D. To develop programs and seek additional funding sources for economic development citywide and in lowincome and/or ethnic and minority communities, including programs and funding sources which promote, encourage and facilitate (i) business retention and expansion, (ii) job creation and retention, (iii) mixed-use and/or industrial/commercial real estate development and (iv) workforce development ;

E. To accept unrestricted donations of funds from identified donors in an amount up to (( One Thousand Dollars ( ))$1,000(( ) ));

F. To enter into and enforce contracts (including agreements for expert and consultant services) subject to applicable purchasing and bidding ordinances; and execute interdepartmental agreements, and, as authorized by ordinance, intergovernmental agreements;

G. To serve as the City's representative to boards, commissions, and organizations engaged in economic development activities and play a leadership role in the creation and execution of the economic development priorities for the City and the region ;

H. (( To serve as the City's representative to the Seattle Small Business Lenders Association )) To execute programs that promote business growth and job creation, especially as it relates to small and disadvantaged businesses, including but not limited to accessing financing and navigating government services and regulatory processes ;

I. In connection with any project or program now or hereafter coming within the responsibility of the Office of Economic Development but previously vested by ordinance in another City department, to exercise all authority vested in the director of such other department with respect to such project or program, unless otherwise provided by ordinance;

J. To administer all ordinances pertaining to the Office of Economic Development;

K. To exercise such other and further powers and duties as shall be prescribed by ordinance; and

L. To adopt, amend, and rescind administrative rules, as provided in Chapter 3.02 (( the City's Administrative Code )), in order to implement the Director's powers and authority.

Section 34. Section 3.14.840 of the Seattle Municipal Code, last amended by Ordinance 121006, is amended as follows:

3.14.840 Deaccessioning and disposition of surplus artworks.

A. When the Seattle Arts Commission determines that an artwork is surplus to the City's collection of artworks, the Commission may deaccession the same and arrange for its disposition through an exchange of the artwork for one (( (1) ))or more other artwork(s) of comparable aggregate value for the City's collection, with the City being responsible for the payment or receipt of any monetary difference between the value of the City's artwork and the aggregate value of such exchanged artwork(s); through a sale by an art gallery or dealer; through a public auction or process inviting bids or proposals from the public and the acceptance of the best response; through the Director of (( Executive Administration )) Finance and Administrative Services in the same manner as other surplus property; through an indefinite loan to another governmental entity on condition that the receiving entity will maintain the artwork and provide an accompanying notice of the City's retained ownership; or through re donation, sale or other arrangement agreed upon with the donor or artist at the time of the City's acquisition of such artwork; and, in the event the artwork has been destroyed or damaged beyond repair at a reasonable cost, or has no or only a negligible value, it may be disposed of as scrap.

B. If an artwork was donated to the City on condition that the artwork be returned or transferred to another person or entity when it is no longer displayed or ceases to be a part of the City's collection, upon the occurrence of circumstances making such condition applicable, the Seattle Arts Commission shall request directions from the donor or the donor's representative(s), as appropriate, and return the artwork to the donor or transfer the artwork consistent with the terms of such condition, if such condition applies, and the directions of the donor or the donor's representative.

C. In the event the artist has reserved a right to repurchase the artwork when the City's artwork is to be disposed of, the Seattle Arts Commission shall allow the artist a reasonable opportunity to buy it back at its fair market value, as determined by appraisal. Alternatively, the Commission may accept the exchange of the artwork for one (( (1) ))or more other artwork(s) that the Commission is willing to include in the City's collection and that has/have an aggregate appraised value equal to the fair market value of the City's artwork.

D. The Office of Arts and Cultural Affairs may implement, in connection with the deaccessioning of any artwork in the City's collection, a written commitment made to the creator or donor of any artwork at the time such artwork is commissioned, purchased, donated, or otherwise procured for the City's collection, to share with such creator or donor a portion of the proceeds of the sale of such artwork upon its deaccessioning and removal from the City's collection if such sale proceeds, after the deduction therefrom of all of the expenses related to such sale, exceed the amount paid by the City for such artwork by at least (( Two Hundred Dollars ( ))$200(( ) )) and the portion of such proceeds that is provided to the creator or donor under such commitment does not exceed (( fifteen ( ))15 (( ) ))percent of such proceeds.

E. No artwork shall be deemed surplus to the City's collection of artworks if the City administrative unit responsible for administration of the fund used to acquire the same requests its retention and the City's legislative authority provides for the continued maintenance of such artwork.

Section 35. Section 3.14.915 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.14.915 Grants and donations -Information and education projects -Account in trust fund.

A. The Director of the Office for Civil Rights is authorized from time to time for and on behalf of The City of Seattle to solicit, apply for, accept and expend donations, grants and other funds and in-kind services or materials from individuals, corporations and associations, foundations and nonprofit organizations, other governments, and the public-atlarge in order to produce, provide or disseminate public information and educational or advocacy materials, projects, or programs on issues relating to civil rights and equal opportunity, and to provide an acknowledgement in any of its publications to those whose assistance enabled its preparation or distribution.

B. All donations, grants or other funds received shall be deposited into the "OCR Public Information and Educational Materials/Projects" Account, which is hereby created, in the General Donation and Gift Trust Fund. The account shall also be credited with a pro rata share of the earnings of investment of Fund balances, refunds due on expenditures from the account, and other payments that the Director and the Director of (( Executive Administration )) Finance and Administrative Services determine to be due. Disbursements shall be made in accordance with Section 3.14.918.

Section 36. Section 3.14.918 of the Seattle Municipal Code as last amended by Ordinance 118392 is amended as follows:

3.14.918 Appropriations and expenditures -OCR Public Information and Educational Materials Account.

Effective upon their deposit, the Director of the Office for Civil Rights is authorized to submit vouchers to the (( Finance )) Director of Finance and Administrative Services for expenditure of the funds in the OCR Public Information and Educational Materials/Projects Account established by Section 3.14.915, as the Director deems appropriate for producing, providing, or disseminating public information and educational or advocacy materials, projects or programs relating to various protected class groups approved by the Office for Civil Rights. All necessary appropriations therefor are hereby made and authorized.

Section 37. Subsection 3.28.010.D of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.28.010 Disposition of unclaimed property.

D. If the owner of property sold, at any time within three (( (3) ))years after such money is deposited in the pension fund or expense fund, furnishes satisfactory evidence of his ownership of such property to the Police Pension Fund Board or the (( City )) Director of (( Executive Administration )) Finance and Administrative Services he/she shall be entitled to receive the amount deposited, plus interest.

Section 38. Section 3.28.180 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.28.180 Application -Fee.

If the Chief of Police determines that the applicant qualifies for a commission, he shall grant the commission upon the applicant's payment of (( Forty Dollars ( ))$40(( ) )) to the (( City )) Director of Finance and Administrative Services (( Executive Administration )); provided, that an applicant who is a City of Seattle employee shall not be required to pay the (( Forty Dollars ( ))$40(( ) )). All commissions shall expire on January 15th of each year, but may be renewed before expiration upon approval of the Chief and payment of (( Ten Dollars ( ))$10(( ) )) to the (( City )) Director of Finance and Administrative Services (( Executive Administration )); provided, that a City of Seattle employee shall not be required to pay the (( Ten Dollars ( ))$10(( ) )).

Section 39. Section 3.30.110 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.30.110 Refund of permit fee.

Whenever any permit is issued by the Public Health Department and a fee paid therefor, and no rights are exercised pursuant thereto and application is made for refund, the Director of Public Health shall certify the facts including the amount of the permit fee and the fund into which the same was paid and his or her approval of the refund, and upon presentation of such certificate to the (( City )) Director of Finance and Administrative Services (( Executive Administration )) such officer is authorized to draw and to pay a warrant in the amount of such refund drawn upon the proper fund and the necessary appropriations are hereby made. If applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check. Provided that no such refund is authorized when the amount of the permit fee is (( Four Dollars ( ))$4(( ) )) or less, and all refunds shall be made in the amount paid for the permit less the sum of (( Three Dollars ( ))$3(( ) )); and provided further, that before any such refund is made, the permit shall be surrendered to the Director of Public Health and by him or her canceled.

Section 40. Section 3.30.120 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.30.120 Duplicate Medicare payments.

Whenever in the performance of services in connection with the Medicare Program the Public Health Department receives duplicate payments for the performance of such services and application is made for a refund, the Director of Public Health shall certify the facts including the amount of such duplicate payment and the fund into which the same was paid and his or her approval of the refund, and upon presentation of such certificate to the (( City )) Director of Finance and Administrative Services (( Executive Administration )) such officer is authorized to draw and to pay a warrant in the amount of such refund drawn upon the proper fund and the necessary appropriations are hereby made. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 41. Section 3.33.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.33.060 Court Administrator.

There shall be a Court Administrator of the Municipal Court appointed by the judges of the Municipal Court, subject to confirmation by a majority of the City Council, and removable by the judges of the Municipal Court subject to like confirmation. Before entering upon the duties of his or her office, the Court Administrator shall take and subscribe an oath the same as required for other officers of the City, and shall execute a penal bond in such sum and with such sureties as the City Council may direct and subject to their approval, conditioned for the faithful performance of his or her duties, and that he or she will pay over to the (( City )) Director of Finance and Administrative Services (( Executive Administration )) all moneys belonging to the City which shall come into his or her hands as such Court Administrator. The Court Administrator shall be paid such compensation as the City Council may provide from time to time. The Court Administrator shall act under the supervision and control of the presiding judge of the Municipal Court and shall supervise the functions of the chief clerk and Director of the Traffic Violations Bureau, or successor agency, and perform such other duties as may be assigned to him or her by the presiding judge of the Municipal Court.

Section 42. Section 3.33.090 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.33.090 Director of Traffic Violations/Director of Information and Revenue.

There shall be a Director of the Traffic Violations Bureau/Director of Information and Revenue. The Director shall be appointed by the judges of the Municipal Court subject to civil service laws and rules. The Director shall act under the supervision of the Traffic Violations Bureau. Before entering upon the duties of his or her office, the Director shall take and subscribe an oath the same as required for other officers of the City and shall execute a penal bond in such sum and with such sureties as the City's legislative authority may direct and, subject to their approval, conditioned for the faithful performance of his or her duties, and that he or she will faithfully account to and pay over to the (( City )) Director of (( Executive Administration )) Finance and Administrative Services all moneys belonging to the City which shall come into his or her hands as such Director. The Director shall be paid such compensation as may be provided in the salary schedule.

Section 43. Subsection Section 3.33.160A of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.33.160 Clerks of the court.

A. There shall be a Chief Clerk of the Municipal Court appointed by the judges of the Municipal Court subject to such civil service laws and rules. Before he or she enters upon the duties of his or her office the chief clerk shall take and subscribe an oath the same as required for other officers of the City, and shall execute a penal bond in such sum and with such sureties as legislative authority of the City may direct and, subject to their approval, conditioned that he or she will faithfully account to and pay over to the (( City )) Director of (( Executive Administration )) Finance and Administrative Services all moneys coming into his or her hands as the clerk, and that he or she will faithfully perform the duties of the office to the best of his or her knowledge and ability.

* * *

Section 44. Section 3.33.170 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.33.170 Powers and duties of chief clerk.

The chief clerk, under the supervision and direction of the Court Administrator of the Municipal Court, shall have the custody and care of the books, papers and records of the Court; he or she shall be present or ensure that a deputy is present during the session of the Court, and shall have the power to swear all witnesses and jurors, and administer oaths and affidavits, and take acknowledgements. He or she shall keep the records of the Court, and shall issue all process under his or her hand and the seal of the Court, and shall do and perform all things and have the same powers pertaining to his or her office as the clerks of the Superior Courts have in their office. He or she shall receive all fines, penalties and fees of every kind, and keep a full, accurate and detailed account of the same; and shall on each day pay into the City Treasury all moneys received for the City during the day previous, with a detailed account of the same, and taking the (( City )) Director of (( Executive Administration )) Finance and Administrative Services '(( s )) receipt therefor.

Section 45. Subsection 3.35.030.C of the Seattle Municipal Code as last amended by Ordinance 120773 is amended as follows:

3.35.030 Director -Functions.

The Director of the Department of Neighborhoods shall manage the department and shall:

* * *

C. (( Receive complaints and requests for service from citizens and communities and work with City departments in resolving them; provide the directory assistance function for the City; provide information about City government to the public; c )) C onduct outreach programs to elicit citizen participation; present neighborhood concerns to City departments and strengthen departmental responses to neighborhood problems; assure coordinated departmental responses to neighborhood concerns; and mediate disputes between City departments and affected communities;

* * *

Section 46. Section 3.35.040 of the Seattle Municipal Code as last amended by Ordinance 120181 is amended as follows:

3.35.040 Director -Ancillary powers.

In order to carry out departmental functions, the Director of the Department of Neighborhoods shall have the power to:

A. Appoint, remove, assign, supervise and control officers and employees in the department in accordance with applicable civil service ordinances and rules;

B. Manage the preparation of the annual budget for the department ( under guidance from the Director of Finance )), authorize appropriate expenditures and carry out the adopted budget; develop and manage programs; and undertake authorized activities;

C. Execute and enforce contracts (including agreements for expert and consultant services) subject to applicable purchasing and bidding ordinances; apply for grants and donations for departmental programs; execute interdepartmental agreements and, as authorized by ordinance, intergovernmental agreements; arrange for places for public meetings; and solicit and use volunteer services; and

D. (( Establish a system of rates to be charged to City departments for the value of providing Citywide directory assistance services, which the Department of Information Technology will bill to departments; and

E. )) Promulgate rules and regulations to carry out departmental activities pursuant to (( the Administrative Code, )) Chapter 3.02.

Section 47. Section 3.40.050 of the Seattle Municipal Code as last amended by Ordinance 118912 is amended as follows:

3.40.050 Audit reports -Follow-up required.

A. It is City policy to follow up on audit reports by the City Auditor.

B. Whenever an audit report identifies a tortious or criminal misappropriation of City funds or property, the department head and the City Attorney shall seek recovery of the moneys and/or other relief as allowed by law.

C. When an audit report discovers a mis expenditure and/or makes a recommendation for a change in practice or procedures of a City department, the affected department shall respond within (( thirty ( ))30(( ) )) days. If the City Auditor finds the response unsatisfactory, the City Auditor shall refer the matter to the (( Finance ))Chair of the City Council Finance and Budget Committee and the City Budget Director for their review and guidance.

D. When an audit of a City contract or project determines that ineligible costs were paid, the department responsible for the contract shall promptly seek recovery of sums due to the City. The City Auditor may participate in discussions with the contractor toward recovery of moneys due and shall be consulted before a settlement is made. In event of a disagreement between the City Auditor and a department head, the Mayor or, at his discretion, the City Budget Director shall serve as a mediator.

Section 48. Section 3.58.090 of the Seattle Municipal Code as last amended by Ordinance 119274 is amended as follows:

3.58.090 Fees and charges for Design Commission review.

A. The Commission is authorized to charge the following fees to applicants for review of capital improvement projects other than City departments' capital improvement projects:

1. When review is by the entire Commission, (( Seven Hundred Dollars ( ))$700(( ) )) per hour;

2. When review is by a committee or subcommittee of the Commission, (( One Hundred Dollars ( ))$100(( ) )) per Commission member participating in the review per hour.

B. The Commission in its discretion, with the concurrence of the City Budget Director, may waive its fee under subsection A of this section, in whole or in part, in the following circumstances:

1. Whenever Commission fees, if charged, would be disproportionate to the sums available and could cause abandonment for the following types of projects: artworks, projects funded by grants and donations, neighborhood self-help projects undertaken by volunteers and nonprofit organizations, and for small capital improvements.

2. For Low-income and Special Needs Housing Projects Subject to Design Commission Review. The Commission may require a deposit of its fee before reviewing a project or giving its advice.

C. The Commission shall charge fees for its review of City departments' capital improvement projects as set forth in subsections A through D of Section 22.900D.170.

Section 49. Subsection 3.70.100.H of the Seattle Municipal Code, last amended by Ordinance 122645, is amended as follows:

3.70.100 Powers and duties.1

The Commission shall have the following powers:

* * *

H. To make expenditures authorized in its annual budget; to retain expert and consultant services; to use the services of the City Attorney as deemed appropriate to carry out its functions; and to call upon the (( City )) Director of (( Executive Administration )) Finance and Administrative Services and Auditor to assist in auditing compliance with campaign contribution limits and eligibility for campaign matching funds; and

* * *

Section 50. Section 3.73.040 of the Seattle Municipal Code, last amended by Ordinance 123131, is amended as follows:

3.73.040 The Commission Duties and Functions

The Department of (( Executive Administration )) Finance and Administrative Services and City Council shall provide written notice to the Seattle-King County taxicab advisory commission, no more than 15 days following any proposed changes to City ordinances or rules that pertain to the setting of taxicab fares, taxicab licensing and other legislation regarding the taxicab industry or its customers. Such copies notice shall be transmitted to the Commission no less than 30 days prior, to a decision by the Director or the City Council, to allow sufficient time for the Commission to review and report to the City of Seattle and King County. In any case where a decision must be reached prior to an upcoming regularly-scheduled quarterly Commission meeting, the Commission may meet in the advance of that date in accordance with rules promulgated by the Commission in compliance with the Open Public Meetings Act. The Commission shall issue and deliver an annual report to the City and County Councils and shall provide a summary and analysis of its work in the prior calendar year as well as a report on its anticipated work program for the following year. A copy of the report shall be delivered in print to each respective body by February 15 of each calendar year.

This Seattle-King County Taxicab Advisory Commission shall convene as necessary, but at least quarterly, to perform the duties outlined in Section 3.73.040. Clerical support for the Commission shall be provided by a representative from Seattle's Department of Finance and Administrative Services (( Executive Administration )) in cooperation with clerical staff provided by King County. Commission meeting locations shall rotate between Seattle City and King County facilities.

Section 51. Section 3.76.010 of the Seattle Municipal Code as last amended by Ordinance 120181 is amended as follows:

3.76.010 Committee established -Membership.

There is established a Debt Management Policy Advisory Committee ("Committee" in this chapter) for the City composed as follows:

A. The (( City )) Director of Finance (( ,who )) shall be its Chair;

B. The Chair of the City Council Finance and Budget Committee;

C. The Superintendent of City Light;

D. The Director of Seattle Public Utilities; (( and ))

E. (( One other City official designated annually by the Mayor )) The City Budget Director (( . )) ; and

F. The Director of the Central Staff Division of the City Council.

The President of the City Council is authorized to designate an alternate member to serve in the event of the absence or incapacity of the Chair of the Finance and Budget Committee and/or the Director of the Central Staff Division , and the Mayor is authorized to designate alternate members to serve in the event of the absence or incapacity of the other members of the Committee or for such other reason as may be deemed sufficient. The City Attorney or his or her legal representative shall meet with and provide legal advice and assistance to the Committee in the conduct of its duties. Department Directors are authorized to designate an alternate member to act in their stead in the event they are absent, incapacitated, or for such other reasons as may be deemed sufficient.

Section 52. Section 3.76.020 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

3.76.020 Functions designated.

A. The Committee shall be advisory to the (( City )) Director of Finance, the City Budget Director, the City Council and the Mayor. It is authorized to provide advice in all matters pertaining to the incurrence of debt, including but not limited to:

The borrowing of money;

Issuance of bonds, bond anticipation notes, revenue anticipation notes, tax anticipation notes, commercial paper, and obtaining lines of credit;

Build America Bonds, Recovery Zone Economic Development Bonds, Qualified Energy Conservation Bonds, Clean Renewal Energy Bonds and all forms of tax credit borrowing;

Obtaining loans from the State Public Works Trust Fund, State Revolving Fund, the United States or other government loan program;

Establishing internal inter-fund or "cashpool" loans;

Obtaining credit support for the City's debt;

Obtaining ratings on the City's debt;

City participation in debt issues in which it incurs a substantial indirect liability, such as guarantees of debt of another borrower, extensions of credit support to another borrower , and power purchase contracts used by the vendor as collateral for a loan to generate the power purchased;

Lease-purchase contracts and equipment leases, which contemplate City payments over (( One Million Dollars ( ))$1,000,000(( ) )) and are payable in two (( (2) ))years or more;

Conditional sales contracts in which the City is the purchaser and payment will be made from appropriations over two (( (2) ))or more budget years; and

The issuance of interest-bearing warrants.

In addition, the Committee shall develop and recommend to the City Council a written policy regarding debt creation and management for all debt issued by the City and its utilities and for guarantees or extensions of credit support to another borrower.

B. The Committee is further authorized to request the advice and assistance of the several City departments in the conduct of such duties and upon such request the head of each such department may designate a representative to meet with, advise and assist the Committee in the conduct of such duties.

C. The Committee is further authorized, subject to approval by ordinance, to contract with financial and other consultants to advise it, the Director of Finance and Administrative Services, the (( City )) Director of Finance, the City Budget Director, the City Council and the Mayor on all matters relating to the creation and management of City debt; provided that, the financial consultants shall not in any manner, directly or indirectly, participate in or benefit from any financial transaction upon which they have provided or are providing advice to the City.

D. Unless otherwise provided by ordinance or resolution of the City Council, the City shall not incur debt, obtain credit support for the City's debt or provide any guarantee or extend credit support to another borrower without first having obtained the written advice of the Committee on the matter.

Section 53. Section 3.90.010 of the Seattle Municipal Code, last amended by Ordinance 120794, is amended as follows:

SMC 3.90.010 Officer's bonds.

The following officers and employees of the City shall, before entering upon the duties of their respective offices, give approved bonds, the premiums for which shall be paid by the City. The bonds shall contain the conditions required by the City Charter1 for official bonds, and be in the following amounts:

Mayor $ 1,000

Each City Council member $ 1,000

Director of Finance $ 150,000

Director of (( Executive Administration)) Finance and Administrative Services $ 150,000

Treasury Division Director $ 150,000

City Attorney $ 1,000

Chief of Police $ 15,000

The bond for the Director of Finance, the Director of (( Executive Administration)) Finance and Administrative Services , and the Treasury Division Director may include a deductible in the amount of (( Ten Thousand Dollars ( ))$10,000(( ) )).

Section 54. Section 3.90.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.90.050 Employees faithful performance blanket position bond.

A. All officers and employees of the City, including employees of the Seattle Public Library (( Department)) , shall be covered by a public employees faithful performance blanket position bond or, if it is impracticable to obtain such bond, insurance, including self-insurance, that provides equivalent coverage . Such bond or insurance shall be conditioned to indemnify and save the City harmless from (( any and all )) loss sustained by the City from or due to theft, dishonesty or fraudulent conduct of any officer or employee or to failure of any officer or employee to faithfully perform the duties of his or her office or position, and further conditioned that no third person shall have any right of action on the bond or insurance for any acts or conduct or failure to act of the officer or employee.

B. Such performance bonds or insurance shall be in an amount to (( fully protect )) indemnify the City for loss which may reasonably be anticipated due to theft, dishonesty or fraudulent conduct of any and all officers or employees or failure to any officers or employees to faithfully perform the duties of his or her office or position during the term of the bond. The Director of (( Executive Administration )) Finance and Administrative Services shall set the amount of the bond or insurance, including the amount of any applicable deductibles .

Section 55. Section 3.90.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.90.060 Employees blanket bond -Call for offers to furnish.

A. The Director of (( Executive Administration )) Finance and Administrative Services shall call for offers to furnish a public employees faithful performance blanket position bond, the premium therefor to be paid for by the City and for the officer's bonds contemplated by Section 3.90.060. Such bonds shall contain the conditions prescribed in this chapter and such additional conditions as are usual and as are set forth in the call for offers. The form of such bond shall accompany each bid submitted. Such call shall be published ten (( (10) ))days before the opening of the offer(s), and shall specify the time and place when offers will be opened. Each offer shall be accompanied by a certified check or cash in the sum of (( Five Hundred Dollars ( ))$500(( ) )) as a good-faith deposit. The Director of (( Executive Administration )) Finance and Administrative Services may accept the best offer or reject any and all offers.

B. The term of the public employees faithful performance blanket position bond shall be determined by the Director of (( Executive Administration )) Finance and Administrative Services but such term shall not exceed three (( (3) ))years. Upon expiration of each such bond the Director of (( Executive Administration )) Finance and Administrative Services shall again call for and accept offers for such a bond.

Section 56. Section 3.104.020 of the Seattle Municipal Code as last amended by Ordinance 16118 is repealed.

Section 57. Section 3.106.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is repealed.

Section 58. Section 3.108.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is repealed.

Section 59. Section 3.116.030 of the Seattle Municipal Code as last amended by Ordinance 119032 is amended as follows:

3.116.030 Board of Directors -Quorum -Meetings.

A. The Board of Directors (called the "Board") shall govern the affairs of the Corporation. The Board shall be comprised of:

1. The Chairperson of the City Council's Finance and Budget Committee, the Mayor of Seattle and four (( (4) )) representatives from the private sector. The Mayor shall recommend the appointments of the Directors from the private sector to the City Council for confirmation. If the Chairperson of the City Council's Finance and Budget Committee declines to serve, the vice chairperson of the Finance and Budget Committee shall serve as Director. The public officials on the Board shall serve for a term coincident with his or her term of office. The Directors from the private sector shall serve for a term of one (( (1) ))year. The Chairperson of the Finance Committee shall be permitted to designate another City Councilmember as an alternate. The Mayor shall be permitted to designate the (( Finance )) City Budget Director or the Director of the Office of Economic Development as an alternate.

2. Vacancies shall be filled in the same manner as that used for original appointments.

B. One-half ((( 1/2 ))) of the Board (three (( (3) ))out of six (( (6) ))members) shall constitute a quorum for the conduct of meetings; the Board shall take action only pursuant to a majority vote of those members voting when a quorum exists; two (( (2) ))members may call a special meeting; and, when a quorum is lacking, a majority of those present may recess or adjourn the meeting as provided in RCW 42.30.090.

C. The Board shall select its own officers and the officers of the Corporation, provide for the conduct of its meetings, and the keeping of its records and the records of the Corporation. RCW Chapter 42.30, the Open Public Meetings Act of 1971, as now existing or hereafter amended, shall apply to meetings of the Board.

Section 60. Section 3.121.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.121.020 Charge for dishonored check to other departments.

The Director of (( Executive Administration )) Finance and Administrative Services is authorized to set, charge and collect a fee from any person making or presenting a check, which is later dishonored, for a payment to the City for the credit of accounts other than its utilities and the Municipal Court. The fee shall cover the cost of handling the dishonored check, including bank charges to the City, costs to the City in making collection, and other City expenses caused by its return without payment.

Section 61. Section 3.121.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.121.040 Waiver of fee.

A. A City department head, responsible for collection, may reduce or waive the handling fee for dishonored checks if:

1. The maker's check is returned on account of an action or omission of the City or an insolvency or default of the bank;

2. The death or incompetency of the maker freezes his or her account;

3. A stop payment order was made which is justifiable;

4. Payment of the fee would cause an individual financial hardship; the maker is bankrupt or participating in a reorganization or adjustment of debts under court supervision; or

5. A waiver would assist in settling a bona fide dispute as to the amount due to the City.

B. A department head, who reduces or waives the handling fee, shall give the Director of (( Executive Administration )) Finance and Administrative Services notice of the action taken.

C. A department head may not reduce or waive the handling fee with respect to his or her own checks or a check of his or her immediate family, as defined in subsection D of Section 4.16.030.

Section 62. Section 3.124.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

3.124.040 Charitable campaign.

A. There shall be one (( (1) ))annual campaign by federations of charitable organizations and charitable organization funds each year. The campaign shall be conducted as provided in rules adopted pursuant to this chapter.

B. The persons conducting campaigns pursuant to the rules adopted as provided in this chapter may solicit donations from City employees to be made by payroll deductions. The Director of (( Executive Administration )) Finance and Administrative Services shall make deductions from City employees' salary warrants and pay the moneys so collected to the federations of charitable organizations and charitable organization funds designated by City employees when such deductions and payments are authorized by City employees pursuant to rules adopted in accordance with this chapter.

C. As provided in RCW 41.06.250(1) and 42.17.130, City property, equipment, or City employees' working time may not be used during a campaign for partisan political purposes, to assist in an individual's election to political office or for the promotion of or opposition to any ballot proposition.

D. City employees' participation in charitable campaigns shall be strictly voluntary. No City employee shall be coerced to participate in any campaign presentation or coerced to make any donation to a charitable organization. No City employee shall be penalized for failing to participate in a campaign or for failing to make a donation to a charitable organization.

E. The City's annual charitable campaign shall be administered by the Personnel Director who, in consultation with the employee committee, shall determine whether the campaign shall be coordinated and managed by a City employee or an independent nonprofit organization. If the campaign is coordinated and managed by a City employee, the Personnel Director shall evaluate the duties of the position and determine the appropriate job classification and salary level. If the campaign is coordinated and managed by an independent nonprofit organization, the Personnel Director, in consultation with the employee committee, shall establish criteria to assure that such services are provided by an organization with demonstrated expertise, in an efficient and cost-effective manner, with the policy review and approval of the employee committee. The Personnel Director shall assure that interested members of the City Council have an opportunity to review the criteria before any request for proposals is issued to select an independent organization to manage the campaign. The Personnel Director is authorized to hire an employee in the classification and at the salary level determined by the Personnel Department or contract with a nonprofit organization in accord with criteria established in consultation with the employee committee to coordinate and manage the City campaign;

F. The salary and benefits paid to the employee coordinator or the fees paid for contracted services and the printing, duplicating and data processing costs incurred by the Personnel Department in conducting the campaign shall be reimbursed from moneys donated by City employees to charitable organization funds and federations through the campaign.

Section 63. A new Chapter 3.126 of the Seattle Municipal Code is added as follows:

3.126 VEHICLES

Section 64. A new Section 3.126.010 of the Seattle Municipal Code is added as follows:

3.126.010 City vehicle fleet

The Department of Finance and Administrative Services shall provide centralized fleet services for the City including but not limited to engineering, design, procurement, maintenance, disposition, fueling, and motor pool services for City agencies.

A. Municipal Use. City-owned or leased vehicles shall be used exclusively for the conduct of municipal business, except as provided in subsection D of this section.

B. Private Use Prohibited. Except as provided in subsection D of this section, no City owned or leased motor vehicle shall be used for personal purposes. The transportation of passengers in any such vehicle is prohibited except in the furtherance of municipal business, provided that City employees may ride directly to and from work in an assigned vehicle when the person to whom the vehicle is assigned and the riding employees are registered with the Seattle Department of Transportation as a carpool.

C. Assigned Vehicles. Vehicles may be assigned to employees when the normal operations of a City department extend beyond established work headquarters and/or work hours, and based on the substantiated needs of such department. The Director of Finance and Administrative Services shall have the authority to adopt rules, consistent with this chapter, defining the criteria for assignment of vehicles.

D. Long-Term Overnight Vehicle Assignments. Vehicles will be assigned for a period of approximately one year, or until a superseding assignment is made, to City officials and employees who, because of the nature of their work, should have overnight vehicles assigned to them. Authorization to garage such vehicles at the individual residences of the employees to whom assigned shall be pursuant to the provisions of this chapter and shall be granted at the discretion of the Director of Finance and Administrative Services. Annually, the Director of Finance and Administrative Services shall submit to the City Clerk and the City Council a list of the officials and employees to whom a vehicle should be assigned for the next succeeding year in accordance with the following criteria:

i. The relative cost of having an employee provide his or her own transportation (whether in automobile reimbursement or lost productive time) is greater than the cost associated with overnight vehicle use; or

ii. Employees who, on a continuous basis, have primary supervisory responsibility (first called out) in case of an emergency and whose immediate response is required to save life or property, including employees and officials who have responsibilities of implementing the City's disaster plan; or

iii. Employees who, on a continuous basis, are on call in case of an emergency and who require special tools and equipment carried in their assigned vehicles in order to perform their emergency duties.

E. Short-Term Overnight Vehicle Assignments. Overnight vehicle assignments for periods not to exceed two 30-day consecutive periods, and authorization to garage such vehicles at the individual residences of the employees to whom assigned, may be made by each employee's appointing authority, or by his or her designee, when the need for such an assignment is consistent with the criteria established by this section.

F. Administration of Motor Pool. The Director of Finance and Administrative Services shall maintain one or more motor pools, for the purpose of providing shared vehicles to meet the short-term transportation needs of City employees conducting City business.

Section 65. A new Section 3.126.020 of the Seattle Municipal Code is added as follows:

3.126.020 Persons who may use City vehicles.

No City owned or leased motor vehicles shall be rented or loaned, except to City departments, to duly registered and authorized volunteer workers in the furtherance of approved City programs, to persons providing service to the City under contract and in accordance with the terms of their contract, or to other governmental agencies or associations of cities, towns or governmental agencies, or in conformance with mutual aid agreements. The Director of Finance and Administrative Services is authorized and directed to prepare and adopt rules and regulations to secure adequate consideration for the use of City owned or leased motor vehicles rented or loaned pursuant to this section, and to secure the return of such motor vehicles in proper condition.

Section 66. A new Section 3.126.130 of the Seattle Municipal Code is added as follows:

3.126.130 Defense for agent of City in event of accident.

A. Whenever a City owned or leased motor vehicle shall be rented or loaned to or used by a person or persons providing service to the City as an employee or volunteer, the employee or volunteer will be considered an agent of the City and afforded a defense for any action or claim arising from the accident and the City shall pay any proper claims or judgments against the employee or volunteer in connection therewith. In executing agreement(s) for the performance of volunteer services, City department directors shall have authority to provide in such agreement(s), in accordance with rules and regulations adopted by the Director of Finance and Administrative Services, that in the event of an accident arising out of an authorized use of the vehicle, the volunteer will be considered an agent of the City and afforded a defense for any action or claim arising from the accident and the City shall pay any proper claims or judgments against the volunteer in connection therewith.

B. Procedures for investigating and processing or defending the claims or actions shall be those set forth by ordinance authorizing the representation and defense of City officers and employees in connection with any claims for damage and/or litigation arising from conduct, acts or omissions of such officers and employees in the scope and course of employment.

Section 67. A new Section 3.126.040 of the Seattle Municipal Code is added as follows:

3.126.040 Parking of privately-owned motor vehicles by City Officials.

A. For purposes of this section, "City Officials" shall mean Seattle City Councilmembers, elected Seattle Municipal Court judges, and the Seattle City Attorney.

B. City Officials who choose to park privately-owned motor vehicles in City-owned parking facilities in which other City officers or employees must pay for the parking of such vehicles, shall pay for such parking consistent with fees charged to other City officers and employees for comparable parking privileges. Neither the City nor any of its departments shall pay for, reimburse, or otherwise subsidize such payments made by City Officials. City Officials also shall be eligible for other types of parking permits, including but not limited to carpool parking permits, on the same terms and pursuant to the same rates as are applicable to other City officers and employees; and may request the issuance of occasional City-paid one-day parking passes, on the same basis as those are available to other City officers and employees, when it is necessary to park privately-owned motor vehicles in such garage or facilities for purposes that are solely related to City business.

Section 68. A new Chapter 3.127 of the Seattle Municipal Code is added as follows:

3.127 LEASES

Section 69. A new Section 3.127.010 is added to the Seattle Municipal Code as follows:

3.127.010 Authority to negotiate and execute leases for Cityowned or City-managed property.

The Director of Finance and Administrative Services is authorized to negotiate and to enter into new leases or subleases and extensions or modifications of existing leases or subleases of any property now or hereafter owned by or leased to the City that is under the management of the Director or is under the management of another department that has requested that the Director lease or sublease such property. The Director is authorized to execute and deliver, for and on behalf of the City, all documents he or she shall deem necessary or appropriate in connection with any lease or sublease authorized in this section. The authority in this section is limited as follows:

A. The Director shall use a standard lease form or forms prepared with the assistance or advice of the City Attorney; and

B. The total term of any new lease together with all extensions of the initial term thereof, and the total term of any amended lease together with all extensions of the term thereof, shall not exceed five years in duration; provided, however, that this limitation shall not restrict the authority of the Director to negotiate and to enter into subsequent leases of the same property for periods not to exceed five years; and

C. The consideration to be paid to the City for the leases and lease term extensions shall be in the form of legal tender of the United States of America or services rendered to or for the benefit of the City, or a combination thereof, in such amounts or value as shall be reasonable under the circumstances considering the negotiated terms of the occupancy or use, condition of the premises, and current rental rates for similar property in the vicinity.

Section 70. A new Section 3.127.020 added to the Seattle Municipal Code as follows:

3.127.020 Authority to execute leases for use by City Departments and agencies.

A. The Director of Finance and Administrative Services is authorized to negotiate and execute for and on behalf of the City, real property leases for the purpose of acquiring necessary facilities for use by City departments and agencies to carry out authorized functions and programs. The term of any such lease shall not exceed five years. The Director shall use a standard lease form or forms prepared with the assistance or advice of the City Attorney; and

B. The rental payments provided by the terms of any lease agreement authorized in Section

3.127.020 shall not exceed the fair market rental. "Fair market rental" shall be deemed to mean the rental payments which such property would bring on the open rental market; and

C. All leases executed pursuant to the authority of Section 3.127.020 shall conform to

the following requirements:

1. Rental payments for office space shall not exceed a rate of $26 per square foot per year and the total square footage leased in any one calendar year shall not exceed 5,000 square feet for such space in any single building or other facility.

2. Rental payments for improved space other than office space shall not exceed $10 per square foot per year, and the total square footage leased in any one rental agreement in any one calendar year shall not exceed 9,000 square feet for such space in any single building, structure or other facility.

3. Rental payments for unimproved real estate, or land used for parking or open storage purposes shall not exceed $6 per square foot per year, and the total square footage leased in any one rental agreement in any one calendar year shall not exceed 18,000 square feet for such space in any single building, structure or other facility.

4. The dollar amounts specified in subsections 1, 2, and 3 of this section shall be adjusted annually beginning February 1, 2011 by the percentage change in the annual Consumer Price Index For All Urban Consumers (CPI-U), All Items, Seattle-Tacoma-Bremerton, WA Metropolitan Area (1982-84 = 100) for the preceding year as published by the U.S. Department of Labor, Bureau of Labor Statistics, or its successor; provided, that if the Consumer Price Index is discontinued or its base is changed, a comparable index shall be substituted.

5. The department or agency that is to occupy the premises to be leased shall have available to it sufficient funds to pay the Department of Finance and Administrative Services for its anticipated billing for the use of such space during the balance of the current budget year.

Section 71. A new Section 3.127.030 is added to the Seattle Municipal Code as follows:

3.127.030 Rental payments -Annual adjustment.

Any rental payment specified in any lease may be adjusted annually by the percentage change in the annual Consumer Price Index For All Urban Consumers (CPI-U), All Items, SeattleTacoma-Bremerton, WA Metropolitan Area (1982-84 = 100) for the preceding year as published by the U.S. Department of Labor, Bureau of Labor Statistics, or its successor; provided, that if the Consumer Price Index is discontinued or its base is changed, a comparable index shall be substituted.

Any rent which is so adjusted may exceed the limits imposed by Chapter 3.127 hereof upon rental payments provided in leases entered into by the Director of Finance and Administrative Services pursuant to the authority granted in Chapter 3.127.

Section 72. Section 4.04.045 of the Seattle Municipal Code as last amended by Ordinance 118404 is amended as follows:

4.04.045 Temporary employment service.

The Personnel Director is authorized to develop and implement a temporary employment service to provide temporary workers to City employing units upon request therefor and upon payment by the requesting employing unit of the cost of such service. Because an arbitrary limitation on the number of temporary workers to be hired to implement this authorization would impede the operation of such service, all positions to be occupied by such temporary workers are hereby created, and the Personnel Director is authorized, with approval of the City Budget Director or his/her designee, to fill whatever number of positions he/she determines is necessary to operate such service for City employing units. The Personnel Director may delegate authority to department heads to fill temporary worker positions when such delegation would improve the quality of the temporary employment service or would result in cost efficiencies.

Section 73. Section 4.08.150 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.08.150 Salary or wages not paid except to those lawfully appointed.

The Director of (( Executive Administration )) Finance and Administrative Services shall not approve, or pay any salary or wages to any person for services as an officer or employee in the Police and Fire Departments unless such person is occupying an office or place of employment according to law and is entitled to payment therefor.

Section 74. Section 4.13.010 of the Seattle Municipal Code, last amended by Ordinance 123182, is amended as follows:

4.13.010 Exemptions from the Civil Service and Public Safety Civil Service Systems.

In addition to those positions exempted by statute, City Charter,1 or other ordinance provision (elected officers, officers appointed pursuant to the City Charter, assistant City attorneys, heads of employing units, members of boards and commissions established by the City Charter,1 members of boards and commissions established by ordinance, positions excluded from the Public Safety Civil Service System pursuant to (( SMC ))Section 4.08.060, system-wide exemptions provided for in (( SMC )) Section 4.13.020, and library employees), the positions of City employment listed in the subsections of this section requiring a particularly high degree of professional responsiveness and individual accountability, or requiring a confidential or fiduciary relationship with the appointing authority, or being judicial positions requiring insulation as a third branch of government, are hereby declared to be exempt from the Seattle Municipal Code Chapters 4.04, 4.08, and the rules of City Personnel, the Civil Service Commission, and the Public Safety Civil Service Commission regarding examination, selection, discipline, termination, and appeals.

Section 75. Section 4.14.100 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.14.100 Payment for travel expenses.

When the appointing authority of an employing unit deems it necessary for the successful recruitment of qualified persons for key positions, he or she may, upon the approval of the Director of (( Executive Administration )) Finance and Administrative Services and the filing of a claim therefor, authorize payment of reasonable and necessary expenses incurred by applicants from out of the City for traveling to and from Seattle for the purpose of being interviewed for employment by the City in that unit. All authorized travel expenses are subject to the rules, policies, and procedures established by the Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )). Payment of authorized expenses may be made in advance by the employing unit for the applicant(s), or the applicant(s) may be reimbursed for authorized expenses paid out of pocket. Authorized expenses shall include lodging, meals, incidentals, and transportation from such applicant's place of residence to Seattle and return to such place of residence, or mileage in accordance with the mileage reimbursement rate established in (( SMC )) Chapter 4.70; provided that, payment for mileage shall not exceed the round-trip airfare of a common carrier. No payment shall be authorized for expenses deemed disallowable pursuant to rules, policies, and procedures established by the Director of (( Executive Administration )) Finance and Administrative Services(( or his/her designee )).

Section 76. Section 4.14.120 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.14.120 Claims for payment of travel expenses.

Authorized claims for payment of expenses other than for mileage and incidentals shall be submitted to the Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )) by the employing unit in accordance with that Director's rules, policies, and procedures.

Section 77. Section 4.14.150 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.14.150 Moving expenses defined.

For purposes of implementing this chapter, the phrase "moving expenses" includes expenses incurred for transportation to Seattle to secure housing, as well as food and lodging expenses for a period not to exceed five (( (5) ))days, incurred while engaged in securing housing. In addition, moving expenses shall include all lodging, food, and transportation expenses of family and household goods and personal effects which are incurred solely for the purpose of relocating, from departure of such family and goods from place of current residence until the time that family and possessions arrive in the City, unless such expenses have been otherwise reimbursed; provided, that nothing in this section shall prohibit the payment of other types of moving and related expenses as approved by the appointing authority but in no case shall moving expenses in total exceed the maximum as provided for in subsection A of this section.

A. Effective January 1, 1994, the authorized maximum rate for moving expenses as defined herein shall be (( Eleven Thousand Nine Hundred and Eight Dollars ( ))$11,908(( ) )). The authorized maximum rate shall be adjusted each year by the (( annual )) percentage change in the Seattle-Tacoma -Bremerton, WA Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), All Items for the (( twelve ( ))12(( ) )) month period ending the previous June 30th, rounded to the nearest dollar. The revised maximum shall take effect January 1st each year.

B. Payment for such reimbursement, when authorized, shall be made from unexpended and unencumbered balances accumulating in the budgets of the employing units which eligible persons head or in which such persons serve, and the Director of (( Executive Administration )) Finance and Administrative Services is authorized to pay the necessary warrants. If the applicable fund is solvent at the time payment is ordered, the Director of (( Executive Administration )) Finance and Administrative Services may elect to make payment by check.

C. The appointing authority shall transact an agreement with an individual for whom travel and moving expenses are extended, which shall stipulate that, should such individual leave the City's employ within (( twelve ( )))12(( ) )) months of initial appointment to a position, he or she shall reimburse the employing unit for all such expenses.

D. The appointing authority shall report all moving expense authorizations to the Personnel Director. The Personnel Director shall provide a summary report to the City Council annually demonstrating how department authorization for moving expenses met the administrative guidelines.

Section 78. Section 4.20.040 of the Seattle Municipal Code, last amended by Ordinance 122007, is amended as follows:

4.20.040 Time periods for automatic salary increases.

A. An employee shall be granted the first automatic step increase in salary rate upon completion of six (( (6) ))months of service when hired at the first step of the salary range, and succeeding automatic step increases shall be granted after (( twelve ( ))12(( ) )) months of "actual service" from the date of eligibility for the last step increase to the maximum of the range; provided, that officers and employees in the following position classes shall be paid on the basis of the applicable criteria designated for each class, position, or program title:

Accountability Pay for Executives Program. The Personnel Director shall recommend to the City Council the assignment of included positions to and within one (( (1) ))of four (( (4) ))market groups. The appointing authority shall have the discretion to pay individual employees a salary within the recommended market group. The appointing authority may petition the Mayor for discretion to place individual employees in a market group other than the recommended placement, and the Mayor is authorized to approve, deny or modify such petitions, within the parameters of the Accountability Pay for Executives Program, codified at Section 4.20.380 . Subsequent increases or modifications to the individual's base salary shall be in accordance with the Program.

Manager Compensation Program, Strategic Advisor Compensation Program, Information Technology Professional Compensation Program. The Personnel Director shall recommend to the City Council the allocation of included positions to one (( (1) ))of three (( (3) ))pay zones. The appointing authority shall have discretion to pay a Manager, Strategic Advisor, or Information Technology Professional a salary within the appropriate zone. Subsequent increases or modifications to an individual's base salary shall be in accordance with the appropriate Program, codified (( at )) in Section 4.20.400, Section 4.20.420, and Section 4.20.430, respectively.

Strategic Advisor -Legislative, Executive Manager -Legislative and Strategic Advisor -Audit. The appointing authority shall have the discretion to pay a Strategic Advisor -Legislative, Executive Manager -Legislative, or a Strategic Advisor -Audit a salary within the pay band established by ordinance for each title.

Legislative Assistants. The City Councilmember to whom a Legislative Assistant reports shall have discretion for salary placement and modification, within the parameters of the base salary structure designed for the title.

Power Marketer. The appointing authority shall have the discretion to pay a Power Marketer a salary within the pay zone established for the title.

Student Accountant and Planning Intern. The first step of the respective salary range shall be paid to third-year college or university students and the second step shall be paid to those who have completed their third year of such academic training.

Student Engineer. The first step of the salary range shall be paid to students who have actually commenced a course of studies leading to an engineering degree, the second step to students who have completed their first year of such studies, the third step to students who have completed their second year, and the fourth step to students who have completed the third year of such academic training.

Auto Machinist Apprentice, Electrician Constructor Apprentice, Lineman Apprentice. Beginning apprentices shall receive the first step of the salary range assigned to the class to which appointed and shall receive a salary step increase each six (( (6) ))months unless otherwise recommended in writing by the Joint Advisory Apprenticeship Committee and the Personnel Director and approved by the City Council.

Job Trainee Program. Beginning trainees shall receive the first step of the salary range assigned to the job class to which appointed and shall receive a salary step increase each six (( (6) )) months unless otherwise recommended by the Personnel Director.

Recreation Personnel. Employees in temporary or intermittent positions titled:

Recreation Leader

Recreation Attendant

Life Guard, Beach and Pool

Manager, Beach and Pool

Pianist

shall receive the salary step in the range assigned to the class in which employed as determined by the Superintendent of Parks and Recreation, subject to approval by the City Budget Director.

Seasonal Tour Guides and Forest Guards. Employees filling seasonal positions of Tour Guide or Forest Guard shall receive the first step of the salary range assigned to the class for the first period of employment and shall receive a step increase each additional season employed in such capacity until the maximum salary step is reached.

B. For employees assigned salary steps other than the beginning step of the salary range, subsequent salary increases within the salary range shall be granted after (( twelve ( ))12(( ) )) months of "actual service" from the appointment or increase, then at succeeding (( twelve ( ))12(( ) )) month intervals to the maximum of the salary range established for the class.

Section 79. Section 4.20.110 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.20.110 Biweekly pay periods.

Biweekly pay periods for all officers and employees of all departments of the City including the Seattle Public Library are authorized on the following basis:

A. Each biweekly pay period shall end on a Tuesday and except for such advances on earned salary from "Contingent Fund A" as may be specifically authorized by ordinance, warrants or checks shall be delivered to those concerned after (( three ( ))3:00(( ) )) p.m. on the day before the payday, which payday shall be one (( (1) ))week from the Friday following said Tuesday; provided, that such payday may be advanced to Thursday if Friday is a legal holiday or to Tuesday or Wednesday if Christmas or New Year's Day falls on a Wednesday or Thursday. When payday is advanced, the Director of (( Executive Administration )) Finance and Administrative Services is authorized to distribute the warrant or check, on that advanced payday or the day before payday. Furthermore, the Director of (( Executive Administration )) Finance and Administrative Services is authorized to designate the employees to be paid each week so as to distribute the warrants or checks payable as near equally as possible on the day before each payday.

B. All payrolls shall be subject to ratification, in accordance with Chapter 42.24 RCW, by the City Council, and appropriation by ordinance of such funds as may be required.

Section 80. Section 4.20.130 of the Seattle Municipal Code as last amended by Ordinance 97330 is amended as follows:

4.20.130 Substitution of lower class ification position.

The heads of departments, at their discretion and with approval of the City Personnel (( Budget )) Director or his/her designee may, when a position is provided for herein substitute (( therefor )) a (( position of )) lower level class ification in the same line of work temporarily , and may fill that position as provided by personnel rules. The heads of departments, at their discretion, may terminate this substitution of the lower level class ification (( position )) and reinstate the higher position as originally provided herein ; such position also to be filled in accordance with personnel rules.

Section 81. Section 4.20.140 of the Seattle Municipal Code as last amended by Ordinance 120181 is amended as follows:

4.20.140 Filling positions for limited periods in excess of those established.

The (( Director of Finance )) City Budget Director may, within the limits of moneys appropriated for "salaries," authorize filling positions for limited periods of no longer than one year, in excess of those established in the current budget and may authorize the use of unencumbered salary funds as a reimbursement for trainee positions budgeted in the Personnel Department.

Section 82. Section 4.20.150 of the Seattle Municipal Code as last amended by Ordinance 97330 is repealed.

Section 83. Section 4.20.160 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.20.160 Personnel Director to check payrolls.

The Personnel Director is authorized and directed to check all payrolls of City departments as to the right of each employee to draw the rate of pay, appearing opposite his or her name on the payroll, and to report the result of such check to the City Council. Other payroll audit functions shall be performed by the Director of (( Executive Administration )) Finance and Administrative Services. (( except that payments from the contingent fund to employees released between pay days shall be made by the Director of Executive Administration only after certification by the Director of Finance of the amount due. ))

Section 84. Section 4.20.290 of the Seattle Municipal Code as last amended by Ordinance 98316 is amended as follows:

4.20.290 Overtime work -Payroll records.

(( All o )) O vertime hours shall be separately itemized on the payroll (( and a separate list of such employees )), and the amount of such overtime to be paid or credited to compensatory time shall be (( signed )) approved by the head of the department or his or her designee (( and one (1) copy transmitted to the Auditing Committee and one (1) copy to the Budget Director )) prior to the date of issuance of the payroll warrants.

Section 85. Section 4.20.325 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.20.325 Overtime-related meal compensation.

A. Any full-time City officer or employee who, pursuant to specific directions of the head of the employing unit to which such worker is assigned, or of such head's designee, works for a total of two (( (2) ))or more consecutive overtime hours beyond either (1) such worker's normal working hours, or (2) a reasonably continuous period of overtime equal to the length of such worker's normal shift, shall be compensated as specified in subsection B, hereof, for one (( (1) ))meal that such worker purchased reasonably contemporaneously with such overtime. In the event the head of the employing unit to which such worker is assigned, or his or her designee, has certified in writing, to the Director of (( Executive Administration )) Finance and Administrative Services , that because of emergency circumstances, the worker was required to work overtime on an immediate and continuous basis without the opportunity to plan and take normal meal breaks, then such worker shall be compensated as specified in subsection B hereof, for such additional number of meals as are indicated in such certification.

B. If such worker provides to his/her supervisor, no later than the beginning of such worker's next regular shift, the purchased meal receipt(s), such worker shall be eligible for the reimbursement of the actual cost of the meal(s), but not more than the average cost for such meal(s) as reflected in a national comparative cost index such as the Runzheimer Meal -Lodging Cost Index; but if such receipt(s) are not provided as specified herein, then such worker shall be eligible only for meal compensation in the sum of (( Five Dollars ( ))$5(( ) )) per meal for which compensation has been authorized as provided herein.

Section 86. Section 4.20.350 of the Seattle Municipal Code as last amended by Ordinance 97330 is amended as follows:

4.20.350 Request for creation of new position.

When any City department head requests the creation of a new or additional position of more than (( sixty ( ))60(( ) )) days' duration, or a change in allocation of an existing position, he shall address his request for such consideration to the City Budget Director, accompanied by a statement of the duties and the responsibility and qualification requirements of the position. A complete copy of such request and statement shall at the same time be furnished to the City Council and the Personnel Director.

Section 87. Section 4.20.370 of the Seattle Municipal Code, last amended by Ordinance 122587, is amended as follows:

4.20.370 Purchase of fare media.

To encourage commuting by municipal employees in other than single occupancy vehicles, and in accordance with the agreements authorized by Section 1 of Ordinance 116682, as a condition of municipal employment, the City shall pay (( Thirty Dollars ($30) per month, or, effective January 1, 2009, )) up to the dollar value of a "peak" one-zone Puget Pass or equivalent transit (( pass )) item, per month per employee toward the purchase of transit and or ferry fare media (( passes or tickets )) by a City officer or employee. The fare media shall be purchased from the Director of (( Executive Administration )) Finance and Administrative Services for use in commuting to and from work or during working hours, and any incidental personal use thereafter, for so long as an appropriation has been made by ordinance or the City budget to provide for any deficit resulting to the City from such sales. The net price of the fare media to the officer or employee shall be the established rate less the City's payment (( of Thirty-Dollars ($30), or effective January 1, 2009, )) up to the dollar value of a "peak" one-zone Puget Pass, or equivalent transit (( pass item )) fare media . This transit (( pass )) subsidy benefit does not apply to employees covered by collective bargaining agreements unless authorized in their collective bargaining agreements.

Section 88. Section 4.20.375 of the Seattle Municipal Code as last amended by Ordinance 120974 is repealed.

Section 89. Section 4.20.450 of the Seattle Municipal Code, last amended by Ordinance 122794, is amended as follows:

4.20.450 Establishing a Compensation Program.

As recommended by the Personnel Director, there is (( hereby )) established a discretionary pay program to be known as the Investments/Debt Director Compensation Program to be used by the Department of (( Executive Administration and the Department of )) Finance and Administrative Services .

A. Titles and Pay Band: The following titles are hereby created, and the corresponding pay band is established as shown, effective April 12, 2008:

Title Pay Band Investments/Debt Director $38.31 -$76.63 Assistant Investments/Debt Director $38.31 -$76.63

Base pay for any position incumbent of the above titles shall be set by the appointing authority, and may not exceed the pay band maximum.

B. Program Administration: The Personnel Director is authorized to develop and publish guidelines and a plan document to support the Department of (( Executive Administration and the Department of )) Finance and Administrative Services in administration of the Investments/Debt Director Compensation Program. The Personnel Director shall review the pay band at least every two years and, when appropriate, recommend a structure adjustment to the City Council. If the structure adjustment is approved by the City Council, the appointing authority shall determine whether position incumbents shall receive a base salary increase (market adjustment) to reflect any or all of the approved structure adjustment; provided, that no incumbent shall be eligible for the market adjustment if his or her performance in the most recent evaluation cycle failed to be described as "satisfactory" or better.

The positions within the Investments/Debt Director Compensation Program are not eligible for cost of living adjustments , which may be granted to other nonrepresented positions and employees.

Section 90. Section 4.20.401 of the Seattle Municipal Code, last amended by Ordinance 121992, is amended as follows:

4.20.401 Electric Utility Executive Compensation Program.

There is hereby established a discretionary pay program to be known as the Electric Utility Executive Compensation Program to be used exclusively for executive positions working in the electric utility department, Seattle City Light.

A. Base Pay: The Electric Utility Executive pay band is hereby established as overlapping pay zones as follows: Position title Pay Zone (hourly equivalent) Electric Utility Executive 3, Officer $66.09 -$105.36 Electric Utility Executive 3, Director (not Officer level) $57.66 -$92.24 Electric Utility Executive 2 $44.21 -$70.74 Electric Utility Executive 1 $38.45 -$61.52

B. Designation of Positions in Program: Each position included in the Electric Utility Executive Compensation Program shall be exempt from the classified service pursuant to Article XVI, Section 3 of the Charter of the City of Seattle. The Personnel Director shall receive requests for inclusion of positions in the Electric Utility Executive Compensation Program from the City Light Superintendent ("the Superintendent") and forward the recommendations to an Electric Utility Executive compensation committee that is composed of the Personnel Director, the City Budget Director (( Director of Finance )), and a designee of the Mayor. From those positions recommended by the Superintendent, this compensation committee shall from time to time designate positions specific to the electric utility that shall thereafter be included in the Electric Utility Executive Compensation Program because these positions require higher pay opportunities to be competitive in the markets where City Light competes for experienced executives. For each of these designated positions, the compensation committee shall determine, from the list in subsection A, the title and the associated pay zone to which that position shall be assigned. At no time may more than (( fifteen ( ))15(( ) )) positions be included in the Electric Utility Executive Compensation Program. The City Light Department is authorized to use the titles in this program only for the positions in the City Light Department that have been assigned those titles by the compensation committee. Authorization is not transferable to another position and cannot be used in another department.

C. Individual Pay Authorization: The Superintendent shall have the discretion to pay each of the employees appointed to positions in the Electric Utility Executive Compensation Program a salary within the pay zone to which the employee's position was assigned. The Superintendent may petition the Mayor or the Electric Utility Executive compensation committee for authorization to pay an employee whose position is in the Electric Utility Executive Compensation Program a salary that is authorized in an alternate, higher pay zone within this program, and the Mayor and the Electric Utility Executive compensation committee are each authorized to approve, deny or modify each petition he, she, or they receive, within the parameters of the Electric Utility Executive Compensation Program Plan Document. Subsequent increases or other modifications to the salary of an employee who is being paid in an alternate pay zone shall be in accordance with the Program Plan document.

D. Plan Document: The Personnel Director is authorized to develop and publish guidelines and a plan document to support administration of this Electric Utility Executive Compensation Program.

E. Program Maintenance/No Cost of Living Adjustments: The Personnel Director shall review the pay zones at least every two years and recommend to the City Council any pay zone adjustments the Director deems appropriate. The titles and position incumbents assigned to titles in the Electric Utility Executive Compensation Program are not eligible for cost of living adjustments that may be granted to other nonrepresented positions and employees.

F. Relocation Expenses: Should the reimbursement of relocation costs be necessary to successfully recruit an individual for a position within the Electric Utility Executive Compensation Program, the City Light Department is authorized to pay, from funds accumulating in the budget of the City Light Department, reasonable and documented costs associated therewith in amount equal to two times that authorized from time to time pursuant to (( S.M.C. )) subsection 4.14.150 . A. Should the employee terminate employment before completion of 12 (( twelve )) months of service, or if the City terminates employment for cause, the relocation expenses shall be reimbursed by the employee as specified in (( S.M.C. )) subsection 4.14.150 . C.

G. Incentive Program: For employees in the Electric Utility Executive Compensation Program, a lump sum payment, in addition to base salary, may be awarded on an annual basis for recognition of the accomplishment of goals and work outcomes at the completion of the annual evaluation period. Any lump sum payment made pursuant to this subsection shall be considered a part of regular compensation for purposes of withholding retirement contributions and calculating retirement benefits for affected employees who are members of the Seattle City Employees Retirement System. No awards or payments may be made under this program until City Light has submitted an Incentive Pay Program Plan proposal that includes associated performance measures and has received Council authorization by ordinance for implementation of this Plan.

Section 91. Section 4.24.080 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.24.080 Authority to make rules -Recordkeeping.

The Personnel Director is authorized to make the necessary rules and regulations to enforce and administer the provisions of this subchapter, to furnish the necessary forms and to keep the necessary records, provided that the Director of (( Executive Administration )) Finance and Administrative Services shall maintain all records of accumulated sick leave of active officers and employees.

Section 92. Section 4.24.090 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.24.090 Report on denial of paid sick leave.

The heads of departments shall report as to the final disposition of all cases when an employee has been included on the payroll for paid sick leave which subsequently is denied and shall make such other reports and keep such records as the Personnel Director and the Director of (( Executive Administration )) Finance and Administrative Services shall require.

Section 93. Section 4.28.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.28.030 Certification to Director of (( Executive Administration )) Finance and Administrative Services .

Upon certification by the appropriate department head that sick leave was allowed to an officer or employee for the purpose of attendance at a funeral in accordance with this chapter, the Director of (( Executive Administration )) Finance and Administrative Services shall correspondingly reduce such officer's or employee's sick leave balance on the payroll record.

Section 94. Subsection 4.36.110.B of the Seattle Municipal Code as last amended by the Ordinance introduced as Council Bill 116854 is amended as follows:

4.36.110 Contributions -City matching funds.

* * *

B. Member contributions as provided in (( S )) s ubsection 4.36.110(( )) . A shall be deducted by the Director of (( Executive Administration )) Finance and Administrative Services and shall be paid into the retirement fund, provided for in this chapter, and shall be credited by the Board together with regular interest.

Every member shall be deemed to consent and agree to the contribution made and provided for in this section, and shall receipt in full for his or her salary or compensation. Payment less said contributions shall be a full and complete discharge of all claims and demands whatsoever for the service rendered by such person during the period covered by such payment, except his or her claim to the benefits to which he or she may be entitled under the provisions of this chapter.

* * *

Section 95. Section 4.36.125 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.36.125 Determination of creditable service.

A. A member in an eligible full-time position, with creditable service for every day, will accrue a creditable year of service for (( twelve ( ))12(( ) )) months' service. No additional credit is given for Leap Year's Day.

B. For a member in a temporary, intermittent or part-time position, eight (( (8) ))hours constitutes one (( (1) ))day; and a creditable year of service is measured as (( two hundred sixty-one ( ))261(( ) )) credited days or (( two thousand eighty-eight ( ))2,088(( ) )) hours of compensated service at straighttime pay.

C. When shown on the City's payroll, paid vacation, sick leave, military leave, funeral leave, and, if the employee pays his or her contribution, "time loss" on worker's compensation or time during family and medical leave under Chapter 4.26, are counted. Overtime (whether or not paid), unpaid leave, time not worked during a layoff, strike or disciplinary suspension, and service as a volunteer are not counted. Service on a temporary City assignment to another government or organization may be counted, in the discretion of the Board, if the member or the member's employer pays the employee contribution.

D. Creditable service is calculated by an employee's hours or time worked, as certified by the Director of (( Executive Administration )) Finance and Administrative Services to the retirement system. When payroll records are available, the Director of (( Executive Administration )) Finance and Administrative Services shall multiply the hours worked by a temporary, interim, seasonal, or provisional worker and a worker in a part-time position of less than (( twenty ( ))20(( ) )) hours per week over a one (( (1) ))year period by a factor of (( one and one hundred thirty-five thousandths ( ))1.135(( ) )) in reporting creditable service to the retirement system, to account for paid leave which was not received and for premium pay which may be substituted for paid leave. Director of (( Executive Administration )) Finance and Administrative Services shall reduce the hours or days determined by application of the multiplier by the amount of any paid leave actually provided to the employee and counted in the hours or days worked.

E. No creditable service may accrue for City employment during which the City contributes to another retirement system on the employee's behalf or for a member's City employment after he or she retires on a service retirement and, except for the annual death benefit assessment, no deduction shall be made from his or her pay for retirement purposes.

Section 96. Section 4.36.130 of the Seattle Municipal Code, last amended by Ordinance 121595, is amended as follows:

4.36.130 Retirement System Board of Administration.

A. There is created and established a Retirement System Board of Administration which shall, under the provisions of this chapter and the direction of the City Council, administer the retirement and death benefit systems and the retirement fund created by this chapter. Under and pursuant to the direction of the City Council, the Board shall provide for the proper investment of the moneys in the retirement fund. The Board of Administration shall consist of seven (( (7) ))members as follows:

1. The Chair of the Finance and Budget Committee of the City Council;

2. The City (( Finance )) Director of Finance ;

3. The City Personnel Director;

4. Two (( (2) ))persons who are members of the retirement system and one (( (1) ))person who is a retired member, all of whom shall be elected by the members of the retirement system including retired members; provided, that persons who have elected upon termination of their employment to leave all their contributions in the retirement fund pursuant to the provisions of Section 4.36.200 C shall not be eligible to vote for or be elected to such positions; and provided, further, that at the time of such member's election to the Board, no more than one (( (1) ))elected member may be employed in any single City department or other employment unit. In the event that a Board member who was elected as a retirement system member retires during his or her term as a Board member, he or she shall remain a Board member until the expiration of his or her term; and

5. One (( (1) ))member who shall be appointed by the other six (( (6) ))members; provided that such appointed member shall not be a City employee or a retired City employee and shall not have membership in the retirement system.

B. Elected members and the appointed member shall serve for a three (( (3) ))year term ending July 1st of the third year of such term . (( , provided that the initial terms of the elected members expire July 1, 1971, July 1, 1972, and July 1, 1973; and the initial term of the appointed member shall expire July 1, 1973. ))

C. Elections for the members of the Board who are elected as provided in this section shall be administered by the Board. Ballots shall be accepted only if received by the Board's designated ballot counter on or before its close of business on the first Monday in June of each calendar year.

D. Any vacancy occurring in an elected position shall be filled by the City Council by appointment to such position of a member eligible to be elected thereto, and provided the member so appointed shall be retired or shall come from the same employing unit as the vacating member. The member so appointed shall serve until such vacancy is filled by the election for the unexpired term of a member eligible to be elected for a full term to such position at the next succeeding first Monday in June, unless the vacancy occurred less than one (( (1) ))year before the expiration of the term of such elected member, in which case the member so appointed shall serve for the remainder of the unexpired term. Any vacancy occurring in the appointed member position, shall be filled by appointment by the City Council for the unexpired term.

E. The Chair of the Finance and Budget Committee of the City Council shall be ex officio chair, the Personnel Director ex officio Secretary, and the Director of (( Executive Administration )) Finance ex officio Treasurer of the Board.

F. The investment of all or any part of the retirement fund shall be in accordance with RCW 35.39.060.

G. Subject to such provisions as may be prescribed by law for the deposit of municipal funds in banks, cash belonging to the retirement fund may be deposited in any licensed national bank or banks in this state, or in any bank, banks or corporations authorized or licensed to do a banking business and organized under the laws of this state, and a clearing account may be maintained with a depository which holds securities as a nominee for funds received pending transmission to the retirement system as contemplated by RCW 35.39.070.

H. The Director of (( Executive Administration )) Finance and Administrative Services shall be the custodian of the retirement fund. All payments from said fund shall be made upon warrant duly issued by the Director of (( Executive Administration )) Finance and Administrative Services (( in the name of the City Director of Finance )) or, if the fund is solvent at the time payment is ordered, by check. As custodian, the (( City )) Director of (( Executive Administration )) Finance and Administrative Services with the approval of the Board of Administration, may cause securities of the retirement system to be registered in the name of a nominee and authorize the safekeeping of retirement system securities in the physical custody of the Federal Reserve System, a depository trust company, or a bank as contemplated by RCW 35.39.070.

I. Except as herein provided, no member and no employee of the Board shall have any interest, direct or indirect, in making of any investments from the retirement fund, or in the gains or profits accruing therefrom. And no member or employee of the Board, directly or indirectly, for himself or as an agent or partner of others, shall borrow any of its funds or deposits or in any manner use the same except to make such current and necessary payments as are authorized by the Board; nor shall any member or employee of the Board become an endorser or surety or become in any manner an obligor for moneys invested by the Board.

J. No City employee who is elected to the Board shall suffer a monetary loss or other penalty on account of his/her absence from his/her regular position during regular hours while attending meetings of the Board or its sub-committees.

Section 97. Section 4.36.135 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.36.135 Lending retirement system securities.

The Board of Administration, after consultation with the Investment Advisory Committee and the Director of (( Executive Administration )) Finance and Administrative Services , is authorized to contract with a bank, which holds securities in its name for the retirement system as contemplated by RCW 35.39.070, for the lending of all or part of these securities to reputable brokers and financial institutions, for a fee, provided that collateral equal to at least (( one hundred two ( ))102(( ) )) percent of the market value of the securities loaned is continuously maintained.

Section 98. Section 4.36.140 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.36.140 Powers and duties of Board.

The administration of the Retirement and Death Benefit System is vested in the Board of Administration created in Section 4.36.130. The Board shall exercise the powers and duties conferred upon it by said section, and in addition thereto:

A. The Board shall keep in convenient form such data as shall be necessary for the actuarial valuation of the retirement fund created by this chapter. At the end of the three (( (3) ))year period beginning with the year 1974, and at the end of every three (( (3) ))year period thereafter, the Board shall cause to be made an actuarial investigation into the mortality, service and compensation experience of the members and beneficiaries as defined by this chapter; and shall further cause to be made an actuarial valuation of the assets and liabilities of the retirement fund, and upon the basis of such investigation and valuation and subject to the approval of the City Council, shall:

1. Make any necessary changes in the rate of interest;

2. Adopt for the retirement system such mortality, service, and other tables as shall be necessary;

3. Revise or change the rate of contribution by the City on the basis of such mortality, service and other tables as may be necessary;

4. Establish an investment advisory committee as contemplated by RCW 35.39.080 through 35.39.090. A copy of the investment policy contemplated by RCW 35.39.060 and the recommendation and report of the investment advisory committee required by RCW 35.39.090 shall be filed with the (( Director of Finance, the )) Director of (( Executive Administration )) Finance and Administrative Services , and the City Clerk.

B. The Board shall promptly transmit to the City Council a report covering the actuarial investigation and actuarial valuation provided for in subsection A of this section.

C. In addition to other records and accounts, the Board shall keep such detailed records and accounts as shall be necessary to show the financial condition of the retirement fund at all times.

D. The Board shall annually transmit to the City Council a report showing the financial condition of the fund established by this chapter.

E. Nothing in this section shall be construed to limit the right of the Board, subject to approval of the City Council, to make changes in rates of interest whenever the Board deems it necessary or advisable, or to secure actuarial reports more often than every three (( (3) ))years.

F. Whenever the Board deems it necessary or advisable, it may recommend that the City Council change the rates of contributions of members on the basis of mortality, service, and other tables adopted by the Board pursuant to subsection A of this section.

G. The Board may adopt rules deemed appropriate to carry out this chapter, and may delegate to the Executive Director the adoption of policies, procedures, and/or guidelines, which are consistent with its rules and with the ordinance codified herein.

Section 99. Section 4.36.195 of the Seattle Municipal Code, last amended by Ordinance 121365, is amended as follows:

4.36.195 Buy-in of creditable service by temporary, interim, intermittent, provisional and part-time workers.

These terms and conditions apply to workers acquiring ("buying in") creditable service under Section 4.36.103 for earlier work in temporary, interim, intermittent and provisional positions or part-time positions of less than (( twenty ( ))20(( ) )) hours per week during the course of the year.

A. Eligible Services. Only hours in continuous City service as shown on City payrolls can be counted subject to the multiplier in Section 4.36.125. A break in the continuity of City service excludes hours before the break. Such a break in on-call, seasonal or intermittent service occurs if a worker:

1. Removes his or her name from a roster or listing for work assignments;

2. In seasonal employment, declines the opportunity to work for a season; or, in other employment, fails to work at least (( one hundred ( ))100(( ) )) hours in any (( twelve ( ))12(( ) )) month period;

3. Takes other actions indicating that he or she has stopped or suspended for a year providing his or her services to the City; or

4. Is discharged from City employment.

B. Amount of Creditable Service. Creditable service shall be granted only for the hours for which both the worker and the City make contributions to the retirement system at the rate contemplated by Section 4.36.110. To receive creditable service for prior City service, such a worker shall deposit into the retirement system an amount determined by the Board of Administration equal to the sum, or some part thereof, that he or she would have paid had he or she become a member when first eligible and had deductions been made from his or her pay warrants, through the years, for creditable service, together with interest thereon. Interest shall accrue at the Board's assumption rate established for actuarial purposes from the date of the wage or salary payment to the date of deposit and shall be compounded annually.

C. Waiting Period, Service Before 1988. A worker, who began his or her continuous City service on or before December 31, 1987 and has not already received such credit, shall receive creditable service for the first (( one thousand forty-four ( ))1,044(( ) )) hours, or portion thereof, of continuous service that he or she worked before January 1, 1988. This is a transitional exception to subsection B of Section 4.36.103.

D. Administration. The Board, in its discretion, may delegate to the Executive Director the calculation of the amount of contribution for such a worker to acquire ("buy in") in prior creditable service and may authorize its Executive Director to use an approximate formula to simplify computations and/or to determine credit for vacation and other paid leave when City records are not available therefor. For example, for hourly workers, who have held the same or similar positions over the duration of the buy-back period, the Board may determine the amount due by:

1. Classifying the worker's creditable hours by the contribution rate in effect at the time the hours were worked;

2. Multiplying the creditable hours in each rate classification by the worker's current hourly wage rate and by the applicable contribution rate; and

3. Adding the total of the products of all such classifications together.

E. Maintenance of Membership. Such a worker who joins the retirement system shall maintain his or her membership in the retirement system for the duration of his or her City service until retirement. A member of the retirement system, who has not retired from the City and who accepts temporary, intermittent, or part-time work, shall continue to make his or her contributions to the retirement system.

F. Deposit Contract. The Board may authorize such a worker to make his or her deposit under an agreement for installment payments under the following terms and conditions:

1. The deposit must be completed within ten (( (10) ))years from the date of the member's eligibility to join the retirement system.

2. After deducting any immediate deposits, the balance shall be payable in approximately equal amortized installments unless the Board authorizes otherwise. Installments shall be deducted from the worker's pay whenever practical. By rule the Board may establish a minimum initial deposit and allowable installment payment and may include other appropriate terms and conditions in the agreement.

3. A member may accelerate and prepay all or part of his or her deposits at any time before he or she dies, retires, or discontinues City service, whichever may be sooner. In the event of extenuating circumstances that preclude an earlier payment, the Executive Director may allow a member up to ten (( (10) ))days after his or her retirement or discontinuance of City service to make a lump sum payment of the balance.

4. If a member dies, retires, or discontinues city service before completion of the contract, the member shall receive creditable service on his or her buy-in on a pro rata basis.

5. The member is responsible for making any adjustments appropriate under the Internal Revenue Code with respect to individual retirement accounts and privately administered retirement plans.

G. City Matching Money. The City shall match the member's contributions and deposits, including interest, in the same manner as other members. If the worker provided services in two (( (2) )) or more departments, at the request of the (( City Finance )) Director of Finance, the City Budget Director shall apportion the amount of the City contribution among the employing departments. The ((City)) Director of Finance 's (( Director's) ) determination of apportionment shall be final.

H. Members who have otherwise failed to exercise an option to purchase creditable service for prior service previously rendered as a temporary worker, as that term is defined at Subsection 4.04.030 (3 5 (( 3 ))), shall be allowed to purchase creditable service for service previously rendered but not credited as a temporary worker, by paying into the retirement fund, at the time of resignation from City service or at retirement, the actuarial present value of the resulting increase in his or her benefit. The terms and conditions of purchase shall be in accordance with the provisions of Subsection 4.36.190 B.3 (( (B)(3) )).

Section 100. Section 4.40.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.40.040 Repayment of benefits to which one is not entitled.

Anyone receiving a payment from the City pursuant to this chapter to which he or she is not entitled shall promptly repay the same to the Director of (( Executive Administration )) Finance and Administrative Services .

Section 101. Section 4.44.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.44.010 Deductions from employee's earnings.

The Director of (( Executive Administration )) Finance and Administrative Services is authorized and directed to deduct and pay from the earnings of any City employee, in accordance with RCW 41.04.030 and pursuant to written authorization therefor signed by such employee and filed with the Director of (( Executive Administration )) Finance and Administrative Services in accordance with RCW 41.04.020, such amounts for disability insurance premiums, other than retroactive premiums, to such insurance groups or companies as shall be specifically designated therein; provided, that no deduction or payment shall be made unless:

A. Such insurance group or company shall provide authorization forms without expense to the City, which authorizations shall save the City harmless from any liability in connection with the making or failure to make any deduction or payment, and shall further specifically recognize that the City does not endorse the insurance group or company to which such payment is made and that such deduction and payment does not constitute sponsorship of the program; and

B. As to insurance groups or companies providing such insurance on an individual basis or on a group basis for groups of less than (( twenty-five ( ))25(( ) )) individuals, such insurance group or company, for reimbursement to the City of its costs in connection with such deductions and payment, shall pay to the City upon quarterly billings by the Director of (( Executive Administration )) Finance and Administrative Services , (( Ten Cents ( ))$.10(( ) )) for each payroll deduction for each employee who has authorized as provided herein deduction and payment of disability insurance premiums to such insurance group or company.

Section 102. Section 4.44.070 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.44.070 City's self-insurance program.

The Personnel Director shall administer the City's selfinsurance program for worker's compensation; establish rules and procedures for the administration of benefits; in consultation with the Director of (( Executive Administration )) Finance and Administrative Services adjust rates of contributions from the respective City departments to reflect their cost experience; contract for consulting services; and, through the Director of (( Executive Administration )) Finance and Administrative Services , contract for reinsurance and other services and similar items as may be required to administer such program.

Section 103. Chapter 4.68 of the Seattle Municipal Code is repealed.

Section 104. Section 4.70.025 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

4.70.025 Personnel Director to establish reimbursement rate.

The Personnel Director is authorized and directed to establish annually, after consultation with the (( Budget )) Director of Finance and Administrative Services , a standard mileage rate at which the City shall reimburse any City officer or employee whose compensation is not otherwise fixed by a collective bargaining agreement, providing and using for City business purposes a non-Cityowned automobile (including a van, pickup or panel truck) without following the rule-making procedures of Chapter 3.02 (( the Administrative Code )). The standard mileage rate shall be set at a level to cover the average cost of providing and using such automobiles, provided that the standard mileage rate shall not exceed the standard business-purposes mileage rate periodically prescribed by the Commissioner of Internal Revenue.

Section 105. Section 4.72.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.72.010 Reimbursement for reasonable and necessary expenses.

City officers and employees, and when authorized in writing by the department head before expenses are incurred, volunteers on assignment shall be reimbursed for all reasonable and necessary expenses incurred in the conduct of City business as described below.

A. Expenses Involving Travel Outside the City for Period of Less Than (( Twenty-four) ) 24 Hours and Not Requiring Overnight Lodging. Reimbursement shall be made for actual expenses for:

1. Registration fees for conventions, seminars and similar events;

2. Transportation to destination and return or mileage in accordance with Ordinance 95751, as amended,1 provided that reimbursement for mileage shall not exceed the round-trip coach-class air fare of a common carrier;

3. Meals, when travel outside the City is not a routine or normal part of an employee's job; provided that, reimbursement shall not exceed the amount established by the Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )), by rule as hereafter authorized; and

4. Other reasonably necessary expenses incurred related to the conduct of City business including, but not limited to, writing materials, reading materials and telecommunications.

B. Expenses Involving Travel for Periods Requiring Overnight Lodging. Reimbursement shall be made for actual expenses incurred for:

1. Registration fees for conventions, seminars and similar events;

2. Transportation to destination and return or mileage in accordance with Ordinance 957511 as amended, provided that reimbursement for mileage shall not exceed the round-trip coach-class air fare for a common carrier;

3. Automobile rental;

4. Other local ground transportation;

5. Lodging; provided that, the reimbursement shall not exceed the amount established by the Director of Finance and Administrative Services (( or his/her designee, )) by rule as hereafter authorized;

6. Meals; provided that, reimbursement shall not exceed the amount established by the Director of Finance and Administrative Services (( or his/her designee ))by rule as hereafter authorized; and

7. Other reasonably necessary expenses incurred related to the conduct of City business including, but not limited to, writing materials, reading materials and telecommunications.

C. Expenses Within the City Not Involving Travel. Reimbursement shall be made for actual expenses incurred for registration fees for a convention, seminar or similar event. If the sponsor of the event so provides and such registration fee includes as a part of the minimum charge the cost of a meal or meals or if, during the meal or meals, integral parts of the program of such convention, seminar or similar event are conducted, reimbursement shall be made for such meal or meals.

Section 106. Section 4.72.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.72.020 Claims for reimbursement -Invoices and receipts.

A. Claims for reimbursement of certain expenses will be permitted in accordance with the rules, policies, and procedures established by the Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )).

B. The expenses of seminars, workshops, meetings, and similar events organized or contracted for by the City and conducted primarily for the benefit of City officers and employees may be paid for as departmental expenses upon vouchers approved by department heads without separate claims submitted by individual officers or employees, provided funds have been made available therefor in a department's budget or by separate ordinance. In organizing and arranging such events, department heads shall make all reasonable efforts to use available City, state, county, federal or other governmentally owned or controlled facilities. Expenses may include the cost of meals provided to participants in the event who are City officers or employees if it is impractical for participants to make individual arrangements for meals, and if an integral part of the program occurs during the meal. Food and beverage expenses paid out of city funds shall not exceed any per meal maximum established for reimbursement of meal expenses pursuant to (( SMC S )) subs ection 4.72.010 . (( ))B6.

Section 107. Section 4.72.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.72.050 Advance cash allowances -When allowed.

All officers and employees of the City may receive advance cash allowances covering anticipated, reimbursable expenses to be incurred in the course of conducting City business involving travel outside the City. Such advance allowances shall be made upon the prior request of such officers and employees approved by the (( City )) Director of (( Executive Administration )) Finance and Administrative Services where the nature and duration of travel justifies such advance or failure to make such advance would result in economic inconvenience to such officer or employee. Requests for advances shall be made on such form as shall be prescribed by the (( City )) Director of (( Executive Administration )) Finance and Administrative Services who shall issue warrants therefor not more than five (( (5) ))days prior to commencement of the authorized travel. If the applicable fund is solvent at the time payment is ordered, the Director of (( Executive Administration )) Finance and Administrative Services may elect to make payment by check(( . P )) provided, that advances to officers and employees of Seattle City Light and Seattle Public Utilities may be made by the respective heads of such departments from the appropriate revolving funds.

Section 108. Section 4.72.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.72.060 Advance cash allowances -Accounting or repayment time.

Repayment of advance cash allowances for travel on City business will be subject to the rules, policies, and procedures established by the (( City )) Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )).

Section 109. Section 4.72.070 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.72.070 Allowable and disallowable expenses.

Allowable and disallowable expenses shall be determined pursuant to the rules, policies, and procedures established by the Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )).

Section 110. Section 4.72.080 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.72.080 Rules and regulations for reimbursement.

The Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )) is authorized to promulgate rules, policies, and procedures, consistent with this chapter. The rules, policies, and procedures promulgated by the Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )) shall be made available from his/her office or from other identified locations.

A. Rates of reimbursement for meals and lodging shall be determined by the Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )) and shall be identified in the rules, policies, and procedures promulgated by the Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )). Rates of reimbursement for meals and lodging shall be based upon and not exceed the average cost for meals and lodging (single occupancy) reflected in a national comparative cost index, such as the Runzheimer Meal Lodging Cost Index or the Federal Per Diem Index, for the city visited by the officer or employee requesting reimbursement.

B. When the State Legislature is in session, in lieu of reimbursement for meals and lodging in accordance with the rules, policies, and procedures established by the Director of (( Executive Administration )) Finance and Administrative Services (( or his/her designee )), claims approved for employees in the Office of Intergovernmental Relations, shall receive an amount equal to the per diem established for the Washington State Legislature pursuant to RCW 44.04.080, as now or hereafter amended or succeeded. No portion of such funds may be used for promotional hosting.

Section 111. Section 4.96.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

4.96.030 Refreshments.

A. To assist in performance of assigned activities or to show appreciation of time and service donated or of meritorious compensated service, the heads of City employing units may provide light refreshments to volunteers and, as a condition of employment, to compensated City staff, or any of the same, during or immediately after the performance of their duties if (1) funds are appropriated in the City's annual budget for the employing unit for providing refreshments to volunteers and such staff, or (2) the refreshments are donated to the City for such purposes. For this purpose, the head of a city employing unit may authorize an organization that regularly provides or coordinates volunteers, to maintain furniture, machines and/or equipment for dispensing light refreshment to volunteers and to compensated City staff, and , subject to the authorization of the Director of (( Executive Administration )) Finance and Administrative Services, contract with such an organization for providing volunteers and such staff with light refreshments as authorized in this section.

B. The term, "light refreshments," is illustrated by these examples: coffee, tea, milk, hot chocolate, fruit juices, soft drinks and nonalcoholic beverages; doughnuts, cakes, pies, cookies, fruit, sandwiches, and light snacks; and when donated to the City for an activity or to assist volunteers and further motivate compensated City staff and volunteers, the food and drink supplied by the donor.

Section 112. Section 4.100.020 of the Seattle Municipal Code as last amended by Ordinance 120861 is amended as follows:

4.100.020 Plan, policies and administration.

The Director of Finance and Administrative Services and the Personnel Director shall be responsible for developing plans, policies, and procedures to guide, implement, administer and monitor those salary reduction programs authorized in Section 4.100.010 of this chapter. The Personnel Director shall bill and collect from City departments and offices on a monthly, quarterly or annual basis the FICA and Medicare savings realized from salary reduction agreements entered into between employees and the City for the dependent care and health care savings accounts (i.e., flexible spending accounts) pursuant to the Internal Revenue Code, 26 U.S.C. Sections 125 and 129. FICA and Medicare revenue collected under this authority shall be deposited into the Health Care Subfund to offset the administrative costs of the salary reduction agreements.

Section 113. Section 5.04.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.04.030 Property tax -Transfer from King County(( Comptroller )).

(( The )) King County (( Comptroller )) is authorized and requested to distribute to the Director of (( Executive Administration )) Finance and Administrative Services for and on behalf of the City all property taxes and abatement liens collected as frequently as daily; and the Director of (( Executive Administration )) Finance and Administrative Services is authorized to deliver a receipt therefor whenever funds are delivered to the City. Delivery may be in money or as a transfer of an investment authorized by RCW 36.29.020 and made by (( the )) King County (( Comptroller )) for the City.

Section 114. Section 5.04.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is repealed.

Section 115. Section 5.06.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.06.010 Investment authority.

A. As contemplated by RCW 35.39.032, the Director of (( Executive Administration )) Finance and Administrative Services , under the supervision of the Mayor (( and consistent with policy direction given by the Director of Finance )), is authorized on behalf of the City to invest all moneys in the City Treasury which in his or her judgment are in excess of current City needs in:

1. United States bonds;

2. United States certificates of indebtedness;

3. Bonds or warrants of this state:

4. General obligation or utility revenue bonds or warrants of the City or of any other city or town in the state;

5. Bonds or warrants of a local improvement or condemnation award district of the City which is within the protection of the local improvement guaranty fund;

6. Repurchase agreements, reverse repurchase agreements, or bankers' acceptances;

7. The public funds investment account known as the local government investment pool in the State Treasury; and

8. Other investments authorized by law.

The Director of (( Executive Administration )) Finance and Administrative Services is authorized to hold such investments for the credit of the funds for which purchased.

B. The Director of (( Executive Administration )) Finance and Administrative Services is further authorized to convert any investments within the City Treasury into cash.

Section 116. Section 5.06.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.06.030 Fund investments -Interfund loans.

The Director of (( Executive Administration )) Finance , after consulting with the Director of Finance and Administrative Services, the City Budget Director, and the Chair of the Finance and Budget Committee of the City Council (( and with the Director of Finance, )) may in his or her discretion:

A. Determine which funds shall be invested on an individual fund basis, and which funds shall participate within one (( (1) ))or more common investment portfolio(s);

B. Apportion earnings and losses to those funds participating in a common investment portfolio. (( Those )) Trust and bond funds that are approved solely by the Director of Finance, and other funds approved (( listed on Exhibit "A" to ((this)) Ordinance 117641, as that exhibit may be amended from time to time )) by the Director of (( Executive Administration )) Finance after consulting with the Chair of the Finance and Budget Committee of the City Council , (( and )) with the Director of Finance and Administrative Services, and with the City Budget Director, (( Director of Finance, and trust or bond funds )) shall receive a return in proportion to the amount of money earned by each; and the remainder shall be allocated to the general fund, except that investment earnings attributable to the Capital Projects Account of the Cumulative Reserve Subfund shall be deposited in the Unrestricted Subaccount and South Lake Union Property Proceeds Subaccount within that Capital Projects Account, all as authorized by RCW 35.39.034 and Chapter 5.80(( SMC ));

C. Approve interfund loans for a duration up to (( ninety ( ))90(( ) )) days, and establish a rate of interest thereon when appropriate, provided, any extension or renewal of such a loan shall require approval by ordinance;

D. Establish criteria for identifying when a substantial de facto loan from one (( (1) ))fund to another occurs (e.g., an extended delay in making reimbursement without valid cause; a continuous overdrawn status) and, when appropriate, establish an interest charge to be paid to the lending fund;

E. Make loans to individual funds participating in a common investment portfolio by means of carrying funds in a negative cash position for a period of up to (( ninety ( ))90(( ) )) days, or for longer period upon approval by ordinance, to the extent and for as long as (i) such loans can be prudently supported by the common investment portfolio and (ii) the borrowing fund is reasonably expected to be able to repay the loan. The Director of (( Executive Administration )) Finance, after consulting with the Director of Finance and Administrative Services may also charge interest at the common investment portfolio's rate of return to the borrowing fund . (( ; and F. With the approval of the Director of Finance sell installment notes to City funds pursuant to Section 20.04.145 in connection with financing local improvement districts. ))

Section 117. Section 5.06.040 of the Seattle Municipal Code, last amended by Ordinance 121028, is amended as follows:

5.06.040 Investment policies.

A. The City's common investment portfolio(s) shall be managed to further this financial objective: to preserve principal while maintaining liquidity to meet the City's needs for cash and maximizing income.

B. Investment decisions should further the City's social policies established by ordinance or policy resolutions of the City Council. A City social policy shall take precedence over furthering the City's financial objective when expressly authorized by the City Council resolution or ordinance, except where otherwise provided by law or trust principles.

C. The Director of (( Executive Administration )) Finance and Administrative Services shall be guided by investment policies adopted from time to time by ordinance or resolution of the City Council . (( and by investment direction that may be given by the (Director of Finance consistent with City Council policies .))

Section 118. Section 5.06.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.06.050 Reports.

The Director of (( Executive Administration )) Finance and Administrative Services shall file a monthly report with the City Council on the performance of City investments for the preceding month and fiscal year-to-date. Each monthly report shall include a discussion of:

A. The current investment market;

B. Any material change in the City's investment portfolio and practices;

C. The City's investment return as compared to the City's benchmark return, which shall be the rate of return used by the City Council when estimating investment earnings for the purpose of adopting the current year's budget;

D. The average maturity of the City's investment portfolio; and

E. On a quarterly basis, this report will also include, as an attachment, a list of the contents of the City's investment portfolio.

Section 119. Section 5.08.010 of the Seattle Municipal Code as last amended by Ordinance 100895 is amended as follows:

5.08.010 City Budget Director's authority.

The City Budget Director's authority under RCW 35.32A.050 to approve transfers between allowances within the budget of a City department shall be exercised in accordance with regulations as set out in this chapter.

Section 120. Section 5.08.020 of the Seattle Municipal Code, last amended by Ordinance 120981, is amended as follows:

5.08.020 Transfer between operating budget appropriations.

A. Within the operating budget of the City, the City Budget Director may approve only transfers of appropriations that meet all of the following criteria:

1. The appropriation was made for the same department to which the City Budget Director allows the appropriation to be transferred. For purposes of this subsection, a board or commission whose budget is not provided within the budget of a City department shall be deemed a department.

2. The amount of the appropriation transferred, together with all previous transfers during the same budget year to that budget item, does not exceed ten (( (10) ))percent of the original budgeted allowance for the budget item to which the transfer is made.

3. The transfer will not result in a cumulative annual net transfer of more than (( Five Hundred Thousand Dollars ( ))$500,000(( ) )) of appropriations into the budget for any one budget item.

4. The amount of the appropriation transferred, together with all previous transfers during the same budget year from that budget item, does not exceed (( twenty-five ( ))25(( ) )) percent of the original budgeted allowance for the budget item from which the transfer is made.

5. The new purpose of the appropriation must be a legal use of that fund source, must comply with terms, conditions, and restrictions controlling the expenditure of the appropriation so transferred, and must not infringe any covenants or any obligations, agreements, or ordinances by which the City received the moneys.

6. The ordinance making the appropriation did not state that transfer of the appropriation is prohibited.

B. For purposes of this section:

1. All appropriations for purposes not included in the Capital Improvement Program are considered part of the City's operating budget;

2. The "original budgeted allowance" is that amount appearing beside that budget item in the adopted budget; and

3. A "budget item" is the object or purpose shown for a distinct dollar appropriation appearing in the adopted budget or in an amendment thereto. A budget item is the level at which the budget appropriates money, subject only to transfers consistent with this chapter of the Seattle Municipal Code.

Section 121. Section 5.08.025 of the Seattle Municipal Code, last amended by Ordinance 120981, is amended as follows:

5.08.025 Transfer between capital budget appropriations.

A. The City Budget Director may approve the transfer of appropriations for purposes included in the Capital Improvement Program to other purposes included in the Capital Improvement Program only if those transfers meet all of the following criteria:

1. The appropriation was made for a budget item that is a project or program in the Capital Improvement Program of the same department to which the City Budget Director allows the appropriation to be transferred.

2. The amount of the appropriation transferred, together with all previous transfers during the same budget year to that budget item, does not exceed ten (( (10) ))percent of the pending budgeted allowance for the budget item to which the transfer is made.

3. The transfer will not result in a cumulative annual net transfer of more than (( Five Hundred Thousand Dollars ( ))$500,000(( ) )) of appropriations into the budget for any one budget item.

4. The amount of the appropriation transferred, together with all previous transfers during the same budget year from that budget item, does not exceed (( twenty-five ( ))25(( ) )) percent of the pending budgeted allowance for the budget item from which the transfer is made.

5. The new purpose of the appropriation must be a legal use of that fund source, must comply with terms, conditions, and restrictions controlling the expenditure of the appropriation so transferred, and must not infringe any covenants or any obligations, agreements, or ordinances by which the City received the moneys.

6. The ordinance making the appropriation did not state that transfer of the appropriation is prohibited.

B. For purposes of this section:

1. The "pending budgeted allowance" is the sum of the current year's original appropriation appearing beside that budget item in the adopted budget plus unexpended balances carried forward from prior years' appropriations for that budget item; and

2. A "budget item" is a program or project within the Capital Improvement Program for which a distinct dollar appropriation appears in the adopted budget or in an amendment thereto. A budget item is the level at which the budget appropriates money, subject only to transfers consistent with this chapter of the Seattle Municipal Code.

Section 122. Section 5.08.040 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

5.08.040 Requests procedure.

Requests for transfer between allowances within the budget of any City department shall be made in writing to the City Budget Director on forms provided by him or her, and if the City Budget Director shall approve the same, he or she shall forward a copy of such request with his or her approval in writing thereon to the Chair of the Budget Committee of the City Council and shall notify in like manner the (( City )) Director of Finance and Administrative Services (( Director )).

Section 123. Section 5.09.020 of the Seattle Municipal Code, last amended by Ordinance 121424, is amended as follows:

5.09.020 Definitions.

As used in this chapter:

A. "Chairperson" means, for each Relevant Committee, the chairperson identified in the then-current resolution establishing the Committee.

B. "City" means the City of Seattle.

C. "Committee" means each of the Council standing committees established by Council resolution.

D. "Cost" means the total cost of an Opinion-gathering Activity, including but not limited to the costs of consultant contracts, costs (including, if known, costs of employee time) of developing and administering the questions or instrument, and costs (including, if known, costs of employee time) of preparing and reporting the Results, to all Departments, and over every year in the case of a multi-year Opinion-gathering Activity, but excludes:

1. The value of time spent by City employees in preparing and presenting an outline of a Department's Opinion-gathering Activities in accordance with (( S )) s ubsections 5.09.030 . (( ( ))A(( ) ))(1)-(3);

2. The value of time spent by City employees in obtaining the approvals contemplated in (( S )) s ubsection 5.09.030 . (( ( ))B(( ) )); and

3. The value of time spent by City employees in reporting Results pursuant to (( S )) s ubsection 5.09 . (( ( ))C(( ) )).

E. "Council" means the Seattle City Council.

F. "Department" means each of the following departments, offices, or other entities: the Department of (( Executive Administration )) Finance and Administrative Services , (( Department of Finance, )) Department of Information Technology, Department of Neighborhoods, Department of Parks and Recreation, Department of Planning and Development, (( Fleets and Facilities Department, )) Human Services Department, Law Department, Legislative Department, City Budget Office, Office of Arts and Cultural Affairs, Office of Economic Development, Office of Housing, Office of Intergovernmental Relations, (( Office of Policy and Management, )) Office of Sustainability and Environment, Office of the Mayor, Personnel Department, Seattle Center, Seattle City Light, Seattle Fire Department, Office for Civil Rights, Seattle Police Department, Seattle Public Utilities and Seattle Department of Transportation. If the name of any Department is changed, or if a function or functions of any Department are transferred to another entity within City government, then the term "Department" shall also include the renamed Department and the entity taking over the function or functions.

G. "Letter" means that letter dated February 27, 2004, from the President of the City Council to the Director of the Department of Finance, clarifying the interim process for complying with the Proviso.

H. "Members" means, for each Relevant Committee, the members identified in the then-current resolution establishing the Committee.

I. "Opinion-gathering Activities" include, but are not limited to, public and internal/employee polls, surveys, questionnaires, focus groups, telephone calling, automated telephone calling, or other mechanisms the primary purpose of which is to gather opinions or data from at least (( 10 )) ten persons, and includes all consultant and other contracts related thereto, but excludes:

1. Public hearings that have been advertised in accordance with law;

2. Public forums at which the general public is welcome;

3. Public workshops at which the general public is welcome;

4. Department newsletters for which the general public is able to sign up;

5. Citizen input, whether received through letters, e-mails, faxes, phone calls, or in-person contacts, that (a) has not been solicited by the posing of questions by the City or any agent of the City, or (b) is offered in response to a question posed by the City or any agent of the City that is incidental to a communication, an activity, a discussion, or informational material the primary purpose of which is not opinion-gathering, data-gathering, or the providing of opinions or data;

6. Opinion-gathering activity required by ordinance, or by a contract or collective bargaining agreement approved by City ordinance, or otherwise required by law;

7. Input on policy issues requested by a Department manager from other managers within the same Department; and

8. Employee and citizen input, whether received through letters, e-mails, faxes, phone calls, or inperson contacts, concerning evaluations of training programs and routine department administrative matters (for example, placement of office equipment and scheduling of events).

J. "Proviso" means that proviso adopted by the City Council as part of the approved 2004 City Budget at Tab 011, Action ID 1, Option B, Version 3.

K. "Relevant Committee" means the Committee with duties most closely related to a particular Opinion-gathering Activity as determined by the Council President.

L. "Results" means the findings, results, data, analysis, report or other product of an Opinion-gathering Activity, an explanation of how the findings, results, data, analysis, report or other product will be used, and a description of any possible actions to be undertaken as a result of the Opiniongathering Activity.

Section 124. Section 5.10.050 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

5.10.050 System of registration -Contents.

A. The (( City Finance) Director of Finance and Administrative Services shall establish a system of registration for City bonds and other obligations, with a maturity more than one (( (1) ))year, on which the interest is intended to be exempt from federal income taxation. The system of registration shall provide for any writing relating to a bond or other obligation that is not issued as a physical instrument; for identifying numbers or other designations; for a sufficient supply of certificates for subsequent transfers; for record and payment dates; for varying denominations; for communications to the owners of bonds or other obligations; for accounting, cancelled certificate destruction, registration and release of securing interests; and, for such other incidental matters pertaining to the registration of bonds or other obligations as appropriate to conform with the United States Internal Revenue Code.

B. Different methods or techniques may be used for separate bond issues and for diverse types of obligations. The method or technique used with respect to a particular bond or other obligation shall conform with the authorizing ordinance.

Section 125. Section 5.10.060 of the Seattle Municipal Code as last amended by Ordinance 118678 is amended as follows:

5.10.060 Fiscal agents -Designation.

The City may by ordinance designate a fiscal agent to act as an authenticating trustee, transfer agent, registrar or paying agent for the City with respect to bonds or other obligations to be issued. In the absence of a designation by ordinance, the (( City Finance )) Director of Finance and Administrative Services may in accordance with RCW 39.46.030 designate one or more fiscal agents to act as an authenticating trustee, transfer agent, registrar or paying agent for the City with respect to registered bonds or other obligations which are usually subject to trading, assignment or transfer. Any fiscal agent designated by the City may be a fiscal agent of The State of Washington appointed in accordance with RCW Chapter 43.80.

Section 126. Section 5.10.070 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

5.10.070 (( Finance) ) Director of Finance and Administrative Services as registrar.

The (( City Finance )) Director of Finance and Administrative Services may act as a registrar for leases, warrants, installment contracts and other obligations which provide for payment of interest that is intended to be exempt from federal income taxation and which are not usually subject to trading, assignment or transfer.

Section 127. Section 5.10.080 of the Seattle Municipal Code as last amended by Ordinance 118678 is amended as follows:

5.10.080 Contracts with fiscal agency.

In accordance with RCW 39.46.030, the (( City )) Director of Finance and Administrative Services (( Director )) is authorized to enter into contracts with one or more fiscal agents of The State of Washington or any other designated fiscal agents of the City in connection with the establishment and maintenance by such fiscal agents of a central depository system for the transfer or pledge of registered bonds or other obligations and for services as authenticating trustee, transfer agent, registrar or paying agent for such bonds and other obligations. Any such contract shall define the rights and duties of the designated fiscal agent and the means of compensation thereof and may adopt by reference relevant terms and conditions of a contract between that fiscal agent and the State Finance Committee of The State of Washington.

Section 128. Section 5.12.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.12.010 Authority of Director of Finance and Administrative Services (( Executive Administration )).

When not otherwise prescribed pursuant to state law, the bookkeeping and accounting in all departments of the municipal government shall be done in the manner and form prescribed by, and subject to the approval of, the Director of Finance and Administrative Services (( Executive Administration )).

Section 129. Section 5.12.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.12.020 Monthly report.

Every department of the municipal government keeping financial accounts shall, on or before the tenth day of each and every month, transmit to the Director of Finance and Administrative Services (( Executive Administration )), a statement and report, in form to be prescribed by the Director of Finance and Administrative Services (( Executive Administration )), showing the financial transactions of the department during the previous month.

Section 130. Section 5.12.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.12.030 Approval of report before publication.

No statement or report of financial transactions in any department or office shall constitute the official report of the City unless such statement or report shall first be submitted to, and approved by, the Director of Finance and Administrative Services .

Section 131. Section 5.12.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.12.040 Petty cash accounts -Establishment -Operation and expenditures.

The Director of Finance and Administrative Services (( Executive Administration ))is authorized to establish petty cash accounts within the operating funds of City departments for the payment of miscellaneous items not payable by voucher and warrant. The establishment of petty cash accounts shall be requested in writing by the head of the department in the form and detail prescribed by the Director of Finance and Administrative Services (( Executive Administration )). All expenditures from such accounts shall be made from appropriations and for purposes authorized by the department annual budget. The maximum amount of such accounts shall be set by the Director of Finance and Administrative Services (( Executive Administration ))in consultation with the City Auditor according to the needs of the petitioning department.

Section 132. Section 5.12.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.12.050 Petty cash accounts -Administrative rules and regulations.

The Director of Finance and Administrative Services (( Executive Administration ))shall promulgate rules and regulations, consistent with this chapter and Chapter 3.02, (( the City Administrative Code,1 ))establishing standards and procedures for the proper administration of petty cash accounts.

Section 133. Section 5.14.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.14.020 Authority in Director of Finance and Administrative Services (( Executive Administration )).

The Director of Finance and Administrative Services (( Executive Administration ))is authorized to promulgate rules in accordance with (( the Seattle Administrative Code, )) Chapter 3.02, for establishing procedures for the receipt, handling and deposit by City officers and employees of City moneys into the City Treasury; for the method of documentation on all such transactions; for regular reporting to the Director of Finance and Administrative Services (( Executive Administration )); for certifying and decertifying by the Director of Finance and Administrative Services (( Executive Administration )) of all City officers and employees who are authorized to receive or handle City moneys in the regular course of their employment or departmental activities; for inspection of departmental cash records, including overages or shortages; for inspection of departmental practices and procedures in handling City moneys; and for contracting with agents to collect City moneys and their collection procedures. The Director of Finance and Administrative Services (( Executive Administration ))may enforce these rules through on-site inspection; by decertifying any officer or employee who fails to comply with the Director of Finance and Administrative Services' (( Executive Administration's ))Rules; and, in the event of noncompliance by a department or office, requiring that payments to personnel be authorized by the Director of Finance and Administrative Services (( Executive Administration )), or deposited at his or her office.

Section 134. Section 5.14.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.14.030 Duties of City personnel.

Any City officer or employee, who receives moneys belonging to the City in the scope and course of his or her duties, shall:

A. Immediately deliver the same to the Director of Finance and Administrative Services (( Executive Administration )) or, when so authorized, deposit the moneys with a City depository designated by the Director of Finance and Administrative Services (( Executive Administration )) to the credit of the City. The delivery or deposit must be made within (( twenty-four ()) 24(( ) )) hours after receipt unless otherwise authorized by the Director of Finance and Administrative Services (( Executive Administration ));

B. Comply with rules promulgated by the Director of Finance and Administrative Services (( Executive Administration ))for handling and processing of City moneys and for documentation and dissemination of records, and with departmental internal procedures established in conformity with the Director of Finance and Administrative Services' (( Executive Administration's )) rules; and

C. Notify the Seattle Police Department, the Director of Finance and Administrative Services (( Executive Administration )), and the City Auditor of any loss or theft of City money immediately upon discovery. Written notice shall be given to them no later than (( twenty-four ( ))24(( ) )) hours after discovery.

Section 135. Section 5.14.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.14.040 Certification of receivers, cashiers and tellers.

Only persons who are certified by the Director of Finance and Administrative Services (( Executive Administration )) may receive and handle City moneys on a regular basis in the scope and course of their employment (( , except that a certification by the Director of Finance is valid until July 1, 2003, unless sooner withdrawn by the Director of Executive Administration )). As a condition to certification or maintenance of a certification, the Director of Finance and Administrative Services (( Executive Administration )) may require that the officer or employee complete a course of instruction or training and/or pass an examination on the secure processing of moneys, the Director of Finance and Administrative Services' (( Executive Administration's )) rules, procedures and applicable departmental rules, and thereafter take refresher instruction or training at periodic intervals or when the need arises.

Section 136. Section 5.14.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.14.050 Departmental functions.

The head of any City department or office who anticipates receiving City moneys on a regular basis in the course of its activities shall:

A. Contract with the Director of Finance and Administrative Services (( Executive Administration )) for cash collection services or, after the Director of Finance and Administrative Services' (( Executive Administration's )) Rules take effect, assign the receiving and handling of City moneys only to those persons who are certified by the Director of Finance and Administrative Services (( Executive Administration )) for performing those functions;

B. Establish and maintain a system of procedures, documentation and reporting on receipts handling and deposit of City moneys satisfactory to the Director of Finance and Administrative Services (( Executive Administration ));

C. Notify the Seattle Police Department, the Director of Finance and Administrative Services (( Executive Administration )), and the City Auditor of any loss or theft of City money immediately upon discovery. Written notice shall be given no later than (( twenty-four ( ))24(( ) )) hours after discovery;

D. Allow the Director of Finance and Administrative Services (( Executive Administration or an authorized deputy )) to make on-site inspections and observe the processing of City moneys, and to make inspections of departmental collection records.

Section 137. Section 5.14.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.14.060 Liability for loss as between department and Director of Finance and Administrative Services (( Executive Administration )).

A. As between a department and its officers and the Director of Finance and Administrative Services (( Executive Administration )), the department has primary responsibility for care and liability for loss of City moneys in its custody until deposited in the City Treasury or entrusted to a cashier certified by the Director of Finance and Administrative Services. (( Executive Administration; and the Director of Executive Administration thereafter. )) When deposit is made in an after-hours drop box of the City's public depository, or an armored car service making collection for the City, losses are assigned to the Director of Finance and Administrative Services (( Executive Administration )) if the Director of Finance and Administrative Services' (( Executive Administration's )) instructions for making deposits have been followed, and to the department otherwise.

B. Compliance with the Director of Finance and Administrative Services' (( Executive Administration's )) rules and procedures approved by the Director of Finance and Administrative Services (( Executive Administration )) establishes a presumption that a City department or office exercised due care in its custody and care of City moneys.

Section 138. Section 5.16.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.16.010 Cancellation of warrants.

Any warrant which is not delivered to the payee within one (( (1) ))year from the date of issuance shall be cancelled and the amounts for which said warrants are drawn shall be credited to the several funds against which they are drawn. The Director of Finance and Administrative Services (( Executive Administration )) shall keep a record of cancelled warrants.

Section 139. Section 5.16.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.16.030 Director of Finance and Administrative Services (( Executive Administration )) authorized to establish credit.

As authorized by Section 43.09.2853 RCW, with the advice of the Debt Management Policy Advisory Committee, the Director of Finance and Administrative Services (( Executive Administration )) is authorized to establish a line of credit for the City with any qualified public depository for cashing City warrants and other financial purposes, to determine the amount of credit extended, to execute written agreements therefor with either a fixed rate of interest adjusted periodically or a fluctuating rate of interest, such rates not greater than (( eighteen ( ))18(( ) )) percent annually or the maximum rate allowed by law, whichever is less, and to pay interest and other finance or service charges. The total of all lines of credit with all qualified public depositories shall not exceed (( Ten Million Dollars ( ))$10,000,000(( ) )).

Section 140. Section 5.16.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.16.040 Lines of credit -Payment.

The line or lines of credit established by Director of Finance and Administrative Services (( Executive Administration )) pursuant to Section 5.16.030 shall be a general obligation of the City. The City hereby pledges its full faith, credit and resources to levy and collect taxes and other revenues sufficient for payment of the principal of, and interest on, the lines of credit extended, and to make prompt payment of the obligation, including interest thereon, as the same are due.

Section 141. Section 5.16.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.16.050 Warrant overdrafts.

Subject to the following terms and conditions, the Director of Finance and Administrative Services (( Executive Administration )) is authorized to contract with the bank at which the City maintains its principal account for the bank to postpone presentment of City warrants until the City can provide for their full payment:

A. The amount of the warrants for which presentment is so delayed shall be aggregated as a warrant overdraft account;

B. The aggregate of the warrant overdrafts shall not exceed (( Twenty Million Dollars ( ))$20,000,000(( ) ));

C. The fee charged by the bank shall not exceed that bank's current prime rate multiplied by 1.5, for the dates for which the credit is outstanding;

D. The Debt Management Policy Advisory Committee shall review the contract with the principal bank and, from time to time, advise the Director of Finance and Administrative Services (( Executive Administration )) thereon and on the aggregate of warrant overdrafts that may be outstanding;

E. Fees paid for deferment of presentment shall cease and the bank may present outstanding warrants should any other general fund warrant be presented to the Director of Finance and Administrative Services (( Executive Administration )) for payment and marked as presented but not paid for lack of funds.

Section 142. Section 5.20.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.20.010 Issuance of bill for labor or material.

When any department of the City shall furnish any labor or material to any person, the department shall render a bill for the labor or material as follows:

A. Bills of each department to be issued in triplicate and to bear consecutive numbers;

B. The original of the bill to be forwarded to the person receiving the labor or material;

C. The duplicate of the bill to be forwarded, forthwith to the Director of Finance and Administrative Services (( Executive Administration ));

D. The triplicate of the bill to be retained by the department issuing the same.

Section 143. Section 5.20.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.20.020 Correction of bill by credit voucher.

The head of the department issuing any of the bills described in Section 5.20.010 is authorized to correct the bills at any time prior to their payment by the issuance of credit vouchers directed to the Director of Finance and Administrative Services (( Executive Administration )).

Section 144. Section 5.20.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.20.030 Recordkeeping -Notification of payment.

The Director of Finance and Administrative Services (( Executive Administration )) is directed to preserve the duplicate bills and render proper accounting therefor and to notify each of the various departments as to the payment of the bills upon request of the department.

Section 145. Section 5.20.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.20.040 Deduction of credit voucher.

When any credit voucher shall have been issued correcting any of the bills, the Director of Finance and Administrative Services (( Executive Administration )) is directed to deduct the amount of the credit voucher from the face of the bill and accept the remaining amount thereof as full payment.

Section 146. Section 5.22.010 of the Seattle Municipal Code, last amended by Ordinance 121364, is amended as follows:

5.22.010 Authorization for acceptance of credit cards, debit cards, and electronic commerce.

All City departments are authorized to accept credit cards, debit cards, and electronic commerce for payment of City taxes, licenses, fees, and other services, but only if and to the extent approved by the Director of Finance and Administrative Services (( Executive Administration or the Director's designee )) ("Director"). Before approving a City department's policies and procedures for the acceptance of credit cards, debit cards, or electronic commerce payments for City taxes, licenses, fees, or services, the Director shall consider whether sufficient provision has been made for internal financial controls and security. The Director is further authorized to establish City-wide policies and procedures for the acceptance of credit cards, debit cards, and electronic commerce for payment of City taxes, licenses, fees, and other services.

Section 147. Section 5.24.005 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.24.005 Claims for damages.

A. No action shall be commenced against the City in which monetary damages are being claimed until a written Claim for Damages has been presented to and filed with the City Clerk. Such a claim must name the claimant, include the claimant's address, specify the date and location of the claimed loss, describe any alleged act or omission on the part of the City and the basis upon which liability is being asserted against the City, identify any known witnesses, detail the nature and extent of the injury or damage sustained and state the amount being claimed. The claim form must be signed by the claimant or an authorized representative prior to its filing.

B. All claims for damages shall be investigated and evaluated by the Department of Finance and Administrative Services (( Department of Executive Administration )) with the assistance of the City Attorney. In anticipation of litigation regarding such claims, the Director of Finance and Administrative Services (( Executive Administration )) may request reports from all interested departments concerning any claim and such reports shall be prepared to assist the City Attorney in defense of the City and shall constitute and be treated as privileged communications.

C. A lawsuit based upon the allegations of a Claim for Damages may not be instituted against the City within (( sixty ( ))60(( ) )) days of the filing of such claim.

Section 148. Section 5.24.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.24.020 Payment of judgments.

The City Attorney may authorize payment of any settlement arising out of litigation against the City or any judgment against the City. Prior to authorizing settlement of any litigation for an amount over (( Five Hundred Thousand Dollars ())$ 500,000(( ) )), the City Attorney shall brief the City Council regarding the proposed settlement during executive session called pursuant to RCW 42.30.110. Prior to authorizing a settlement involving significant financial or policy issues, the City Attorney shall consult with the City Budget Director (( Director of Finance )), the Director of Finance and Administrative Services (( Executive Administration )), and the head of the relevant department. Upon a presentation by the City Attorney to the Director of Finance and Administrative Services (( Executive Administration )) of either a copy of a Release and Order of Dismissal or a copy of a judgment against the City, entered in an appropriate court, and having attached thereto a statement in writing, signed by the City Attorney, to the effect that the right of appeal from such judgment has been expressly waived, or that the time for an appeal has expired, the Director of Finance and Administrative Services (( Executive Administration )) shall issue a check upon the Judgment/Claims Subfund for the amount of such judgment, and costs if awarded to the claimant by the court.

Section 149. Section 5.24.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.24.030 Payment of claims.

The Director of Finance and Administrative Services (( Executive Administration )) may authorize payment of any claim against the City, including claims brought in the small claims department of the district court pursuant to RCW Chapter 12.40. Prior to authorizing settlement of any claim for an amount over (( One Hundred Thousand Dollars ( ))$100,000(( ) )), the Director of Finance and Administrative Services ( ( Executive Administration )) and the City Attorney shall brief the City Council regarding the proposed settlement during executive session called pursuant to RCW 42.30.110. Prior to authorizing a settlement involving significant legal or policy issues, the Director of Finance and Administrative Services (( Executive Administration )) shall consult with the City Budget Director (( of Finance )), the City Attorney and the head of the relevant department.

Section 150. Section 5.24.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.24.040 Advance payments -Grounds for payment.

A. The City Attorney and the Director of Finance and Administrative Services (( Executive Administration )) are authorized to make periodic payments to a claimant pending settlement or other disposition of his or her claim equivalent to not more than the claimant's pre-injury net take-home pay if the City Attorney or the Director of Finance and Administrative Services (( Executive Administration )) finds the following conditions to exist:

1. The claimant has been physically disabled as a result of an act or omission by the City or its employees and agents and for which the City is legally obligated to respond in damages, which physical disability precludes the claimant from engaging in gainful employment;

2. The claimant's loss of employment results in financial hardship and the claimant is without alternate financial resources to provide for the necessary cost of living;

3. Circumstances exist which preclude the early settlement or other disposition of claimant's claim;

4. The best interest of the City and the claimant will be served by making such interim payments.

B. As a condition to commencing such payments, the City Attorney or the Director of Finance and Administrative Services (( Executive Administration )) shall secure from the claimant a written agreement that all payments made pursuant to this section shall be credited to the City against any settlement of the claim which may be arrived at, and shall be credited against any judgment which may be rendered against the City by reason of such claim in any court. The agreement may include such additional terms and conditions as the City Attorney or the Director of Finance and Administrative Services (( Executive Administration )) determines are appropriate to serve the best interests of the City.

C. In addition to the payments covering wage losses, the City Attorney or the Director of Finance and Administrative Services (( Executive Administration )) may, prior to settlement of the claimant's claim or prior to judgment, pay medical costs and provide necessary transportation and other expenses of treatment which the claimant may be required to pay; provided, that all such payments under this chapter shall cease at such time as the City Attorney or the Director of Finance and Administrative Services (( Executive Administration )) shall determine that one (( (1) )) or more of the circumstances enumerated above have changed or that the total sum paid the claimant approximates the amount the claimant is likely to recover by reason of his or her injury.

Section 151. Section 5.24.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.24.060 Litigation expenses.

The City Attorney and the Director of Finance and Administrative Services (( Executive Administration )) are authorized to make payment to private and/or public agencies, firms, and/or individuals who provide services to the City in support of any litigation and/or claim and/or threatened litigation or claim filed or contemplated against the City or where the City is a plaintiff or potential plaintiff in legal action.

Section 152. Section 5.30.025 of the Seattle Municipal Code, last amended by Ordinance 122842, is amended as follows:

5.30.025 Definitions, C -D.

A. "Cash discount" means a deduction from the invoiced amount allowed by the seller if the invoice is paid within a certain time period or before a specified date.

B. "Cellular telephone service" is a voice or data telephone/telecommunications system based in whole or substantial part on wireless radio communications, whether or not the communications are subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. 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.

C. "City" means the City of Seattle.

D. "Commercial or industrial use" means the following uses of products, including by-products, by the extractor or manufacturer thereof:

1. Any use as a consumer; and

2. The manufacturing of articles, substances or commodities.

E. "Competitive telephone 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 may be provided by persons not subject to regulation as telephone companies under RCW Title 80, and for which a separate charge is made. Competitive telephone service also includes leasing of telephone street directories. Transmission of communication through cellular telephones is classified as "telephone business" rather than "competitive telephone service."

F. "Construction, Demolition and Land Clearing Waste" (or "CDL Waste") has the meaning given in (( SMC )) Section 21.36.012.

G. "Consumer" means the following:

1. Any person who purchases, acquires, owns, holds, or uses any tangible or intangible personal property irrespective of the nature of the person's business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for a consumer other than for the purpose of:

a. Resale as tangible or intangible personal property in the regular course of business;

b. Incorporating such property as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers;

c. Incorporating such property as an ingredient or component of a new product or as a chemical used in processing a new product when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new product; or

d. Consuming the property in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon;

2. Any person engaged in any business activity taxable under (( SMC )) (( S )) subs ection 5.45.050(( )) . G and (( SMC )) subsection 5.45.050(( )) . H;

3. Any person who purchases, acquires, or uses any competitive telephone service as herein defined, other than for resale in the regular course of business;

4. Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale in (( SMC ))Section 5.30.050 other than for resale in the regular course of business;

5. Any person who is an end user of software;

6. Any person engaged in the business of "public road construction," as that term is defined in (( SMC ))Section 5.30.040 in respect to tangible personal property when that person incorporates the tangible personal property as an ingredient or component of a publicly-owned street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing or spreading the property in or upon the right-of-way of a publiclyowned street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a publicly-owned mass public transportation terminal or parking facility;

7. Any person who is an owner, lessee or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business;

8. Any person who is an owner, lessee, or has the right of possession, of personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business;

9. Any person engaged in "government contracting," as that term is defined in (( SMC )) Section 5.30.035. Any such person shall be a consumer within the meaning of this subsection in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person;

Nothing contained in this or any other subsection of this section shall be construed to modify any other definition of "consumer."

H. "Customer-owner," with respect to a distribution cooperative, means a person a) having an ownership interest in the distribution cooperative, b) who purchases merchandise for sale at retail from the distribution cooperative or its distribution affiliate, and c) who is entitled to distributions made by the distribution cooperative.

I. "Dangerous waste" has the same meaning as given in Section (( SMC )) 21.36.012.

J. "Deficiency" means the amount of tax imposed by law less any tax reported by the taxpayer on a tax return.

K. "Delivery" means the transfer of possession of tangible personal property between the seller and the buyer or the buyer's representative. Delivery to an employee of a buyer is considered delivery to the buyer. Transfer of possession of tangible personal property occurs when the buyer or the buyer's representative first takes physical control of the property or exercises dominion and control over the property. Dominion and control means the buyer has the ability to put the property to the buyer's own purposes. It means the buyer or the buyer's representative has made the final decision to accept or reject the property, and the seller has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a warranty contract. A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment of the property from the seller to itself. A buyer's representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property. Neither a shipping company nor a seller can serve as a buyer's representative. It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property. Delivery terms and other provisions of the Uniform Commercial Code (Title 62A RCW) do not determine when or where delivery of tangible personal property occurs for purposes of Seattle's business license tax.

L. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) of the City or any officer, agent or employee of the City designated to act on the Director's behalf.

M. "Distribution affiliate" means a partnership, limited liability company or other entity that sells merchandise to the customer-owners of the distribution cooperative and which is owned (( fifty ( ))50 (( ) ))percent or more by the distribution cooperative.

N. "Distribution cooperative" means a person a) that itself sells, or owns (( fifty ( ))50(( ) )) percent or more of a distribution affiliate that sells, merchandise to its customer-owners for resale at retail, b) in which twothirds of the aggregate outstanding voting ownership interest is owned by its customer-owners, c) that makes distributions to its customer-owners at least partly on the basis of patronage, and d) that qualifies for federal income tax purposes under the provisions of subchapter T of the Internal Revenue Code of 1986, as amended.

Section 153. Section 5.30.060 of the Seattle Municipal Code, last amended by Ordinance 123063, is amended as follows:

5.30.060 Definitions, T -Z.

A. "Tax year," "taxable year." "Tax year" or "taxable year" means the calendar year.

B "Taxpayer" means any "person," as herein defined, required by (( SMC )) Chapter 5.55 to have a business license, or liable for any license, tax or fee, or for the collection of any tax or fee, under (( SMC ))Chapters 5.32 (Amusement Devices), 5.35 (Commercial Parking Taxes), (( 5.37 (Employee Hours Taxes), )) 5.40 (Admission Taxes), 5.45 (Business License Tax), 5.46 (Square Footage Business Tax), 5.48 (Utility Tax), and 5.52 (Gambling Tax), or who engages in any business or who performs any act for which a tax or fee is imposed under those chapters.

C. "Telecommunications service" or "Telephone business" means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. It includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice over internet protocol services or is classified by the federal communications commission as enhanced or value added. Telecommunication services or telephone business also includes ancillary services that are associated with or incidental to the provision of telecommunication services including, but not limited to conference bridging, detailed telecommunications billing, directory assistance, vertical service, or voice mail services as defined in RCW 82.04.065.

Telecommunication services or telephone business also includes those activities previously used to define telephone business such as the providing by any person of access to a local telephone network, local telephone network switching service, toll service, cellular or mobile telephone service, coin telephone services, pager service or the providing of telephonic, video, data, or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. The term includes the provision of cooperative or farmer line telephone services or associations operating exchanges. The term also includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. "Telecommunication service or telephone business" does not include the providing of competitive telephone service, data processing, providing of cable television service, or other providing of broadcast services by radio or television stations.

D. "Tour operator business" means a business activity of purchasing various travel components, such as transportation, lodging, meals and other associated services and reselling the same to consumers where the purchaser/reseller is liable itself to pay the vendor of the components purchased and does not make payment solely as an agent for the consumer.

E. "Tuition fee" includes library, laboratory, health service and other special fees, and amounts charged for room and board by an educational institution when the property or service for which such charges are made is furnished exclusively to the students or faculty of such institution. "Educational institution," as used in this section, means only those institutions created or generally accredited as such by the state and includes educational programs that such educational institution cosponsors with a non-profit organization, as defined by Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, if such educational institution grants college credit for coursework successfully completed through the educational program, or an approved branch campus of a foreign degree-granting institution in compliance with chapter 28B.90 RCW, and in accordance with RCW 82.04.4332 or defined as a degree-granting institution under RCW 28B.85.010(3) and accredited by an accrediting association recognized by the United States secretary of education, and offering to students an educational program of a general academic nature or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry, and agriculture, but not including specialty schools, business colleges, other trade schools, or similar institutions.

F. "Value proceeding or accruing" means the consideration, whether money, credits, rights, or other property expressed in terms of money, a person is entitled to receive or accrue or which is actually received or accrued. The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer.

G. "Value of products, how determined."

1. The value of products, including by-products, extracted or manufactured, shall be determined by the gross proceeds derived from the sale thereof, whether such sale is at wholesale or at retail, to which shall be added all subsidies and bonuses received from the purchaser or from any other person with respect to the extraction, manufacture or sale of such products or by-products by the seller.

2. Where such products, including by-products, are extracted or manufactured for commercial or industrial use, and where such products, including by-products, are shipped, transported or transferred out of the City, or to another person, without prior sale or are sold under circumstances such that the gross proceeds from the sale are not indicative of the true value or the subject matter of the sale, the value shall correspond as nearly as possible to the gross proceeds from sales in this state of similar products of like quality and character, and in similar quantities by other taxpayers, plus the amount of subsidies or bonuses ordinarily payable by the purchaser or by any third person with respect to the extraction, manufacture or sale of such products. In the absence of sales of similar products as a guide to value, such value may be determined upon a cost basis. In such cases, there shall be included every item of cost attributable to the particular article or article extracted or manufactured, including direct and indirect overhead costs. The Director of Finance and Administrative Services may prescribe uniform and equitable rules for the purpose of ascertaining such values.

3. Notwithstanding subsection 2 above, the value of a product manufactured or produced for purposes of serving as a prototype for the development of a new or improved product shall correspond to:

a. The retail selling price of such new or improved product when first offered for sale; or

b. The value of materials incorporate into the prototype in cases in which the new or improved product is not offered for sale.

H. "Wholesaling" means engaging in the activity of making sales at wholesale, and is reported under the wholesaling classification.

I. "Yardwaste" has the meaning given in Section 21.36.016.

Section 154. Section 5.33.020 of the Seattle Municipal Code, last amended by Ordinance 123157, is amended as follows:

5.33.020 Small grants; acceptance

The City Auditor, the Director of Finance and Administrative Services (( Executive Administration )), the Director of Planning and Development, the City Attorney, the Superintendent of City Light, the Executive Director of the Employees' Retirement System, the Executive Director of the Ethics and Elections Commission, the Executive Secretary of the Firefighters' Pension System, the Administrative Director of the Legislative Department, the Mayor, the Presiding Judge of the Municipal Court, the Director of Personnel, the Executive Secretary of the Police Relief and Pension System, the Director of Transportation, the Fire Chief, (( the Director of Fleets and Facilities ,)) the Director of the Human Services Department, the Chief Technology Officer, the Superintendent of Parks and Recreation, the Chief of Police, the Director of Seattle Center, the Seattle City Librarian, the Director of Seattle Public Utilities, the Director of the Department of Neighborhoods, the City Budget Director (( Director of Finance )), and the directors of each of the offices other than commissions governed by Chapter 3.14, are authorized to accept small grants from non-City sources for purposes that are consistent with the function and authority conferred upon the agency of each such respective officer, and to execute, deliver, and perform corresponding agreements.

Section 155. Section 5.33.040 of the Seattle Municipal Code, last amended by Ordinance 123157, is amended as follows:

5.33.040 Report

The Director of Finance and Administrative Services shall transmit a written report by December 31st of each year to the Chair of the City Council Finance and Budget Committee, which shall list all grants received under the authority granted in (( SMC) ) Section 5.33.020 and include for each grant the name of the grantor, the exact dollar amount of the grant, the receiving department, the fund or funds that the grant dollars were deposited into, and a brief description of the purpose of the grant.

Section 156. Section 5.40.010 of the Seattle Municipal Code, last amended by Ordinance 121797, is amended as follows:

5.40.010 Definitions.

For the purposes of this chapter, the words and terms contained in Chapter 5.30 shall apply throughout this chapter unless expressly provided otherwise herein. The following additional definitions shall apply throughout this chapter:

A. "Admission charge" means the price required or paid for entering a premise or location and includes but is not limited in meaning to:

1. A charge made for season tickets or subscriptions;

2. A cover charge or a charge made for use of seats or tables, reserved or otherwise, and similar accommodations;

3. A charge made for food or refreshments in any place where any free entertainment, recreation or amusement is provided;

4. A charge made for rental or use of equipment or facilities for purposes of recreation or amusement and, where the rental of the equipment or facilities is necessary to the enjoyment of the privilege for which a general admission is charged, the combined charge shall be considered as the admission charge;

5. A charge made for entrance to any theater, dance hall, amphitheater, private club, auditorium, observation tower, stadium, athletic pavilion or field, baseball or athletic park, circus, side show, outdoor amusement park or any similar place; and includes equipment to which persons are admitted for purposes of recreation such as merry-go-rounds, ferris wheels, dodgems, roller coasters, go-carts and other rides whether such rides are restricted to tracks or not;

6. A charge made for automobile parking where the amount of the charge is determined according to the number of passengers in an automobile;

7. A charge made for entrance to any building, enclosure or area in which there is a swimming pool, skating rink, golf driving range, miniature golf course, short nine, or other golf course, or to gain entrance to such pool, rink or course itself, or for the use of the facilities thereof, or any rental paid by the person paying for such entry for the use of equipment and facilities supplied him and appropriate to the enjoyment of the privilege for which the admission is charged, or the aggregate thereof.

B. "Cabaret" means a room where musical entertainment is permitted in connection with a restaurant business.

C. "College" or "university" means any accredited public or private college, junior college or university, or the recognized student body association thereof insofar as the admission charges received by the college, university, or student body association are budgeted, and applied solely for exhibition, performance, study and/or teaching of the performing arts, visual arts, history or science. It specifically excludes any athletic department or division or activities of the college or university or of the recognized student body association thereof.

D. "Department" means the Department of (( Executive Administration )) Finance and Administrative Services of The City of Seattle, or its functional successor.

E. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) of The City of Seattle, or his or her functional successor, and shall include the Director's authorized representatives.

F. "Market Price" means the price at which a seller is ready and willing to sell and a buyer is ready and willing to buy. Market price is a price that is acceptable to both buyer and seller and which might be different from the listed price.

G. "Nonprofit organization" means an organization in which no part of the income can be distributed to its members, director or officers and that holds a current tax exempt status as provided under Sec. 501(c)(3), (4) or (6) of the Internal Revenue Code of 1986, as amended, or is specifically exempted from the requirement to apply for tax exempt status under Sec. 501(c)(3).

Section 157. Section 5.45.100 of the Seattle Municipal Code, last amended by Ordinance 123063, is amended as follows:

5.45.100 Deductions.

In computing the license fee or tax, the following may be deducted from the measure of tax:

A. Membership Fees and Certain Service Fees by Nonprofit Youth Organization. For purposes of this subsection (( , SMC5.45.100 A )), "nonprofit youth organization" means a nonprofit organization engaged in character building of youth which is exempt from property tax under RCW 84.36.030. In computing tax due under this chapter, there may be deducted from the measure of tax all amounts received by a nonprofit youth organization:

1. As membership fees or dues, irrespective of the fact that the payment of the membership fees or dues to the organization may entitle its members, in addition to other rights or privileges, to receive services from the organization or to use the organization's facilities; or

2. From members of the organization for camping and recreational services provided by the organization or for the use of the organization's camping and recreational facilities.

B. Fees, Dues, Charges. In computing tax, there may be deducted from the measure of tax amounts derived from bona fide:

1. Initiation fees;

2. Dues;

3. Contributions;

4. Donations;

5. Tuition fees;

6. Charges made by a nonprofit trade or professional organization for attending or occupying space at a trade show, convention, or educational seminar sponsored by the nonprofit trade or professional organization, which trade show, convention, or educational seminar is not open to the general public;

7. Charges made for operation of privately operated kindergartens; and

8. Endowment funds.

(( This s )) S ubsection(( ,SMC ))5.45.100 . (( ) )B, shall not be construed to exempt any person, association, or society from tax liability upon selling tangible personal property or upon providing facilities or services for which a special charge is made to members or others. If dues are in exchange for any significant amount of goods or services rendered by the recipient thereof to members without any additional charge to the member, or if the dues are graduated upon the amount of goods or services rendered, the value of such goods or services shall not be considered as a deduction under this subsection.

C. Artistic and Cultural Organizations -Income From Business Activities. In computing tax, there may be deducted from the measure of tax those amounts received by artistic or cultural organizations, as defined in (( SMC )) Section 5.30.020, which represent:

1. Income derived from business activities conducted by the organization, provided that this deduction does not apply to retail sales made by artistic and cultural organizations (the rental of space and the casual sales of props and fixtures used in or culture productions will be exempt from tax);

2. Amounts received from the United States or any instrumentality thereof or from the State of Washington or any municipal corporation or subdivision thereof as compensation for, or to support, artistic or cultural exhibitions, performances, or programs provided by an artistic or cultural organization for attendance or viewing by the general public; or

3. Amounts received as tuition charges collected for the privilege of attending artistic or cultural education programs.

D. Artistic or Cultural Organization -Deduction for Tax Under the Manufacturing Classification -Value of Articles for Use in Displaying Art Objects or Presenting Artistic or Cultural Exhibitions, Performances, or Programs. In computing tax, there may be deducted from the measure of tax by persons subject to payment of the tax under the manufacturing classification, the value of articles to the extent manufacturing activities are undertaken by an artistic or cultural organization, as defined in (( SMC ))Section 5.30.020, solely for the purpose of manufacturing articles for use by the organization in displaying art objects or presenting artistic or cultural exhibitions, performances, or programs for attendance or viewing by the general public.

E. Day Care Activities. In computing tax, nursery schools, preschools, child care providers and privately operated kindergartens may deduct from the measure of tax amounts derived from the care or education, for periods less than (( twenty-four ( ))24(( ) )) hours, of children who are under eight (( (8) ))years of age and not enrolled in or above the first grade. Such persons are, however, subject to the tax upon the gross proceeds derived from providing child care to children who are eight (( (8) ))years of age or older or enrolled in or above the first grade. Amounts derived from selling, altering or repairing tangible personal property shall not be deductible.

F. Compensation from Public Entities for Health or Social Welfare Services -Exception. In computing tax, there may be deducted from the measure of tax amounts received from the United States or any instrumentality thereof or from the State of Washington or any municipal corporation or political subdivision thereof as compensation for, or to support, health or social welfare services rendered by a health or social welfare organization (as defined in RCW 82.04.431) or by a municipal corporation or political subdivision, except deductions are not allowed under this section for amounts that are received under an employee benefit plan. For purposes of this subsection, (( SMC, 5.45.100 (F), )) "employee benefit plan" includes the military benefits program authorized in 10 U.S.C. Sec. 1071 et seq., as amended, or amounts payable pursuant thereto.

G. Interest on Investments or Loans Secured by Mortgages or Deeds of Trust. In computing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security or other financial businesses, amounts derived from interest received on investments or loans primarily secured by first mortgages or trust deeds on non-transient residential properties.

H. Interest on Obligations of the State, its Political Subdivisions, and Municipal Corporations. In computing tax, there may be deducted from the measure of tax by those engaged in banking, loan, security or other financial businesses, amounts derived from interest paid on all obligations of the State of Washington, its political subdivisions, and municipal corporations organized pursuant to the laws thereof.

I. Interest on loans to farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives. In computing tax, there may be deducted from the measure of tax amounts derived as interest on loans to bona fide farmers and ranchers, producers or harvesters of aquatic products, or their cooperatives by a lending institution which is owned exclusively by its borrowers or members and which is engaged solely in the business of making loans and providing financerelated services to bona fide farmers and ranchers, producers or harvesters of aquatic products, their cooperatives, rural residents for housing, or persons engaged in furnishing farmrelated or aquatic-related services to these individuals or entities.

J. Receipts From the Sale of Tangible Personal Property Delivered Outside the State. In computing tax, there may be deducted from the measure of tax under retailing or wholesaling amounts derived from the sale of tangible personal property that is delivered by the seller to the buyer or the buyer's representative at a location outside the State of Washington.

K. Cash Discount Taken by Purchaser. In computing tax, there may be deducted from the measure of tax the amount of cash discount actually taken by the purchaser. This deduction is not allowed in arriving at the taxable amount under the extracting or manufacturing classifications with respect to articles produced or manufactured, the reported values of which, for the purposes of this tax, have been computed according to the "value of product" provisions.

L. Credit Losses of Accrual Basis Taxpayers. In computing tax, there may be deducted from the measure of tax the amount of credit losses actually sustained by taxpayers whose regular books of account are kept upon an accrual basis.

M. Repair, Maintenance, Replacement, etc., of Residential Structures and Commonly Held Property -Eligible Organizations.

1. In computing tax, there may be deducted from the measure of tax amounts used solely for repair, maintenance, replacement, management, or improvement of the residential structures and commonly held property, but excluding property where fees or charges are made for use by the public who are not guests accompanied by a member, which are derived by:

a. A cooperative housing association, corporation, or partnership from a person who resides in a structure owned by the cooperative housing association, corporation, or partnership;

b. An "association of apartment owners", as defined in RCW 64.32.010, as now or hereafter amended, from a person who is an "apartment owner" as defined in RCW 64.32.010; or

c. An association of owners of residential property from a person who is a member of the association. "Association of owners of residential property" means any organization of all the owners of residential property in a defined area who all hold the same property in common within the area.

2. For the purposes of this subsection "commonly held property" includes areas required for common access such as reception areas, halls, stairways, parking, etc., and may include recreation rooms, swimming pools and small parks or recreation areas; but is not intended to include more grounds than are normally required in a residential area, or to include such extensive areas as required for golf courses, campgrounds, hiking and riding areas, boating areas, etc.

3. To qualify for the deductions under this subsection:

a. The salary or compensation paid to officers, managers, or employees must be only for actual services rendered and at levels comparable to the salary or compensation of like positions within the county wherein the property is located;

b. Dues, fees, or assessments in excess of amounts needed for the purposes for which the deduction is allowed must be rebated to the members of the association; and

c. Assets of the association or organization must be distributable to all members and must not inure to the benefit of any single member or group of members.

N. Sales at Wholesale or Retail of Precious Metal Bullion and Monetized Bullion. In computing tax, there may be deducted from the measure of the tax amounts derived from the sale at wholesale or retail of precious metal bullion and monetized bullion. However, no deduction is allowed of amounts received as commissions upon transactions for the accounts of customers over and above the amount paid to other dealers associated in such transactions, and no deduction or offset is allowed against such commissions on account of salaries or commissions paid to salesmen or other employees.

O. Radio and Television Broadcasting -Advertising Agency Fees -National, Regional, and Network Advertising -Interstate Allocations. In computing tax, there may be deducted from the measure of the tax by radio and television broadcasters amounts representing the following:

1. Advertising agencies' fees when such fees or allowances are shown as a discount or price reduction in the billing or that the billing is on a net basis, i.e., less the discount;

2. Actual gross receipts from national network, and regional advertising or a "standard deduction" as provided by RCW 82.04.280; and

3. Local advertising revenue that represents advertising which is intended to reach potential customers of the advertiser who are located outside the State of Washington. The Director of Finance and Administrative Services may issue a rule that provides detailed guidance as to how these deductions are to be calculated.

P. Constitutional Prohibitions. In computing tax, there may be deducted from the measure of the tax amounts derived from business which the City is prohibited from taxing under the Constitution of the State of Washington or the Constitution of the United States.

Q. Distribution Affiliate or Cooperative. In computing tax, there may be deducted from the measure of the tax an amount equal to the actual cost of the merchandise that a distribution cooperative or its distribution affiliate sells to a customer-owner of the distribution cooperative for the customer-owner's resale at retail. Actual cost means the cost actually paid by the distribution cooperative or distribution affiliate after taking into account all cash discounts and other price reductions.

R. In computing tax imposed by (( SMC )) subsection 5.45.050 . (( ))F, there may be deducted from the measure of the tax gross income from the transport of empty containers picked up in the City if 1) a full container transported from outside the City is exchanged for the empty container at the time of pick-up, and 2) the job is billed to the customer as a round trip charge.

S. Interstate Trucking. The tax imposed on motor carriers under (( SMC )) subsection 5.45.050 . (( ))F shall not apply to gross income from freight picked up in the City and transported by the taxpayer to a location outside the State of Washington. A motor carrier that does not transport freight across the state boundary is not entitled to a deduction, even though the freight is destined for and is ultimately transported to a location outside Washington.

T. Sales of Water to Water Districts, Municipalities and other Political Subdivisions of the State of Washington for Resale. In computing tax, there may be deducted from the measure of the tax under the wholesaling classification, amounts derived from the sale of water to any water district, municipality or other political subdivision of the State of Washington.

U. Sales of Electricity for Resale. In computing tax, there may be deducted from the measure of the tax amounts derived from the sale of electricity to any purchaser of electricity for resale.

V. Receipts From the Sale of Tangible Personal Property or Retail Services Delivered Outside the City but Within Washington. Effective January 1, 2008, amounts included in the gross receipts reported on the tax return and which are derived from the sale of tangible personal property or retail services delivered to the buyer or the buyer's representative outside the city but within the State of Washington may be deducted from the measure of tax under the retailing or wholesaling classifications. Retail services include those services defined as such pursuant to (( SMC )) Section 5.30.040.

Section 158. Section 5.55.030 of the Seattle Municipal Code, last amended by Ordinance 123152, is amended as follows:

5.55.030 License requirements.

A. No person, unless specifically exempted, shall engage in any business activity, profession, trade or occupation in the City without having first obtained and being the holder of a valid and subsisting license to do so, to be known as a "business license." The fee for the business license shall be (( Ninety Dollars ( ))$90(( .00) )) for persons with worldwide gross income of the business and value of products of more than (( Twenty Thousand Dollars ( ))$20,000(( ) )) in the current calendar year that engage in any business activity, profession, trade or occupation in the City prior to July 1st and (( Forty-five Dollars ( ))$45(( .00 )) for persons beginning their activity on or after July 1st. The business license fee for persons with worldwide gross income of the business and value of products of (( Twenty Thousand Dollars ( ))$20,000(( ) )) or less in the current calendar year will be (( Forty-five Dollars ( ))$45(( .00) )) if prior to July 1st and (( Twenty Two Dollars and Fifty Cents ( ))$22.50(( ) )) for persons beginning their activity on or after July 1st. The fee shall accompany the application for the license.

The business license shall expire at the end of the calendar year for which it is issued. The business license shall be personal and nontransferable except as provided in subsection G, below. Applications for the business license shall be made to the Director of Finance and Administrative Services on forms provided by the Director. Each business license shall be numbered, shall show the name, place and character of the business of the licensee, and such other information as the Director deems necessary, and shall at all times be conspicuously posted in the place of business for which it is issued.

If the licensee changes the place of business, the licensee shall return the business license to the Director and a new license shall be issued for the new place of business free of charge.

B. When business is transacted at two (( (2) ))or more separate places by one (( (1) ))taxpayer, a separate business license for each place at which business is transacted with the public shall be required. A (( Ten Dollar ( ))$10(( .00) )) license fee shall be imposed and accompany each application for the business license required for each additional business location.

C. No person to whom a business license has been issued pursuant to this chapter shall suffer or allow any other person for whom a separate license is required to operate under or display his or her license; nor shall such other person operate under or display such license.

D. As provided in (( SMC )) Section 6.20.040, a participant at an event, identified in the list supplied by the promoter or organizer, shall be exempt from the business license fee established by subsection A, above, or the fee for a separate business location established by subsection B, above, on account of business activities at the licensed event for the duration of the event license; provided however, that such participant is not otherwise engaging in business in the City as such term is defined in (( SMC ))Section 5.30.030 . (( ))B2.

E. Any business license may be renewed by the payment for the ensuing year of the license fee herein prescribed on or before the date of the expiration of such license. Any licensee who fails to make payment on or prior to the expiration date of said business license shall be subject to penalties in the following amounts:

1. Ten Dollars if not received on or before the last day of the month following the expiration date.

2. Twenty Dollars if not received on or before the last day of the second month following the expiration date.

3. All business licenses issued subsequent to the initial license period shall be deemed renewal licenses if there has been no discontinuance of the licensee's operations or activities. Nonpayment by the licensee of taxes or business license fees other than those due upon expiration for the renewal of a license, when due during the term of any license shall constitute grounds for revocation of or the refusal to renew said license.

F. Licenses for amusement devices will be in addition to this business license and will be assessed pursuant to Section 5.32.170. It is unlawful for any person to own any amusement device, which is available for use by the public, without having first obtained an amusement device license issued in accordance with the provisions of this chapter and (( SMC ))Chapter 5.32. The license shall be attached to the amusement device at all times when in use or play or available for use or play so that it is readily visible. The amusement device license will be prorated semiannually in the same manner as the business license; however, the amusement device license expires annually on November 30th.

G. A business license or amusement device license cannot be assigned or transferred, except that a license may be transferred:

1. To the surviving or new corporation, whenever the licensed corporation is merged or consolidated pursuant to RCW Chapter 23B.11, as now or hereafter amended;

2. To the surviving partner, or to a new partnership which consists exclusively of the surviving partners, whenever one (( (1) ))partner of a licensed partnership dies;

3. To the surviving spouse, whenever one (( (1) ))spouse of a licensed marital community dies;

4. To any one (( (1) ))or more former partners, whenever a licensed partnership is dissolved and one (( (1) ))or more of the former partners of the licensed partnership continue the operation of the business as an individual proprietorship or partnership without the addition of any new partner, and all of the other former partners consent in writing to the transfer of the license, which written consent shall be filed with the application for such transfer;

5. To one (( (1) ))spouse, whenever a licensed marital community is dissolved and the other spouse consents in writing to the transfer of the license, which written consent shall be filed with the application for such transfer;

6. In case of the death of any licensee before the expiration of his or her license, his or her administrator or executor, duly appointed as such by order of court, may continue to act under said license for the unexpired term thereof upon filing with the City proof of such appointment.

As used in this subsection, (( SMC 5.55.030 G, )) the term "partnership" includes joint venture, and the term "partner" includes a co-venturer.

Section 159. Subsection 5.55.060.A of the Seattle Municipal Code, as last amended by Ordinance 122564 amended as follows:

5.55.060 Records to be preserved -Examination -Inspection -Search warrants -Estoppel to question assessment.

A. Every person liable for any fee or tax imposed by this chapter, (( SMC )) Chapters 5.32, 5.35, (( 5.37, )) 5.40, 5.45, 5.46, 5.48, and 5.52 shall keep and preserve, for a period of five (( (5) ))years after filing a tax return, such records as may be necessary to determine the amount of any fee or tax for which the person may be liable; which records shall include copies of all federal income tax and state tax returns and reports made by the person. All books, records, papers, invoices, ticket stubs, vendor lists, gambling games and payout information, inventories, stocks of merchandise, and other data, including federal income tax and state tax returns, and reports needed to determine the accuracy of any taxes due, shall be open for inspection or examination at any time by the Director or a duly authorized agent. Every person's business premises shall be open for inspection or examination by the Director or a duly authorized agent.

Section 160. Section 5.55.160 of the Seattle Municipal Code, as last amended by Ordinance 120668 is further amended as follows:

5.55.160 Judicial Review of the Hearing Examiner's decision.

A. The taxpayer, any other person beneficially interested, or the Director of Finance and Administrative Services , may obtain judicial review of the decision of the Hearing Examiner by applying for a Writ of Review in the King County Superior Court within (( fourteen ( ))14(( ) )) days from the date of the decision in accordance with the procedure set forth in Chapter 7.16 RCW, other applicable law and court rules.

B. The decision of the Hearing Examiner shall be final and conclusive unless review is sought in compliance with this section.

Section 161. Section 5.55.165 of the Seattle Municipal Code, last amended by Ordinance 122564, is amended as follows:

5.55.165 Director of Finance and Administrative Services to make rules.

The Director of Finance and Administrative Services shall have the power and it shall be his or her duty, from time to time, to adopt, publish and enforce rules and regulations not inconsistent with this chapter, Chapters 5.30, 5.32, 5.35, (( 5.37, )) 5.40, 5.45, 5.46, 5.48, 5.52 or with law for the purpose of carrying out the provisions of such chapters, and it shall be unlawful to violate or fail to comply with, any such rule or regulation.

Section 162. Section 5.55.260 of the Seattle Municipal Code, last amended by Ordinance 122192, is amended as follows:

5.55.260 Personal liability of persons in control of admission and commercial taxes.

In addition to persons liable for tax pursuant to (( SMC )) Sections 5.35.060 and 5.40.070:

A. Any individual who is responsible for collecting, accounting for or paying over the (1) commercial parking tax imposed by (( SMC )) Chapter 5.35, or (2) admission tax imposed by (( SMC ))Chapter 5.40, and who willfully fails to collect, account for or pay over such tax, or willfully attempts to evade or defeat such tax or the payment thereof, shall, in addition to other penalties provided by law, be liable to pay the total amount of the tax evaded, not collected, or not accounted for and paid over.

B. An individual is responsible for collecting, accounting for, or paying over the tax if he has control over, or supervision of, the receipt of admissions charges or parking fees, the filing of returns or the remittance of the tax.

C. For purposes of this section, "willfully" means that the failure was the result of an intentional, conscious and voluntary course of action.

D. An individual shall be liable only for taxes which became due during the period he was required to collect, account for and pay over the tax, plus interest and penalties on the tax.

E. An individual is not liable under this section if the failure to collect, account for or pay over the tax is due to reasons beyond his control, as determined by rules promulgated by the Director of Finance and Administrative Services .

F. The Director shall assess the liability in the same manner as a tax deficiency pursuant to (( SMC )) Section 5.55.095 and shall have the right of review provided by (( SMC ))Section 5.55.140. If not appealed within the time provided in (( SMC ))Section 5.55.140, the assessment is final and no refund request may be made for the period covered in the assessment.

G. Once established, liability for the tax is joint and several. The Director may collect the total amount of tax, but not more, either from individuals liable under this section or persons liable under (( SMC )) Section 5.40.070 or (( SMC )) Section 5.35.060, or both. This section does not relieve persons of other tax liabilities or otherwise impair other tax collection remedies afforded by law.

Section 163. Section 5.56.110 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.56.110 Collection of tax.

Section 5 of the State Act requires the lessor to collect the tax from the lessee and remit the same to the Department of Revenue. City departments acting as lessors under terms of the State Act shall, effective January 1, 1976, collect the tax as a surcharge upon contract rent in the amount of (( twelve )) 12percent (( (12%) )) of taxable rent, as defined in Section 2 of the State Act, or according to such different manner as the Department of Revenue may prescribe in accordance with Section 2 of the State Act. Collections of the tax shall be deposited in the appropriate operating funds of those City departments acting as lessors. The amounts shall be paid by the Director of Finance and Administrative Services (( Executive Administration )) to the Department of Revenue upon execution of appropriate vouchers by the affected departments and in accordance with such rules as the Department of Revenue may promulgate.

Section 164. Section 5.56.130 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.56.130 Establishment of subaccounts.

The Director of Finance and Administrative Services (( Executive Administration )) shall establish such subaccounts in the operating funds of departments required to collect the tax as shall be necessary to permit the separate and appropriate accounting of such tax, and shall inform such departments concerning the identity and coding of such subaccounts.

Section 165. Section 5.64.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.64.030 Deposit and use of tax proceeds.

(( The )) King County (( Comptroller )) may retain one percent ((( 1%) )) of the proceeds of the taxes collected for the county current expense fund to defray the costs of collection. All remaining proceeds from City taxes collected shall be paid to the Director of Finance and Administrative Services (( Executive Administration )) at least monthly and, upon receipt, deposited in the Cumulative Reserve Subf(( F ))und for municipal capital improvements, including those listed in RCW 35.43.040.

Section 166. Section 5.64.080 of the Seattle Municipal Code, as last amended by Ordinance 110674, is further amended as follows:

5.64.080 Refunds of excessive and improper payments.

If the State Department of Revenue authorizes a refund of an excessive amount or an improper payment of the state real estate excise transaction upon a particular sale, (( the ))King County (( Comptroller )), upon application of the taxpayer, may make a refund of the City tax paid, and withhold a like amount from the next monthly distribution to the City.

Section 167. Section 5.64.090 of the Seattle Municipal Code, as last amended by Ordinance 110674, is further amended as follows:

5.64.090 Apportionment.

When a sale involves a single property bisected by the City's limits, or two (( (2) ))or more real properties, some of which are located within the City and some of which are located outside, (( the )) King County (( Comptroller )) may determine the tax amount due to the City according to information supplied upon accompanying affidavits, and, if unable to determine the appropriate value therefrom, (( the )) King County (( Comptroller )) may rely upon recommendations of the State Department of Revenue, or the King County Assessor in making a determination of the amount of tax due.

Section 168. Section 5.78.010 of the Seattle Municipal Code as last amended by Ordinance is amended as follows:

5.78.010 Account established -Donations.

A. There is hereby established a Gift Catalogue account in the General Donations and Gift Trust Fund with subaccounts therein for the purposes set forth in the City's Gift Catalogue, and donations shall be credited to the appropriate subaccounts. The (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized and directed to accept donations for the purposes set forth in the Gift Catalogue and to give his or her receipt, and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) shall keep appropriate accounts and subaccounts therefor.

B. "City's Gift Catalogue," as used in this chapter, means the document attached to Ordinance 112137 and such supplemental catalogues as may be issued by the City, with the approval of the Mayor and the City Council by resolution, from time to time.

Section 169. Section 5.78.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.020 Expenditures -Seattle Center programs.

The Director of the Seattle Center is authorized to direct expenditures for the donations made to the Seattle Center programs in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw to pay warrants against the designated program account or subaccount on vouchers approved by The Seattle Center Director as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 170. Section 5.78.030 of the Seattle Municipal Code, last amended by Ordinance 121006, is amended as follows:

5.78.030 Expenditures -Office of Arts and Cultural Affairs.

The Director of the Office of Arts and Cultural Affairs is authorized to direct expenditures for the donations made to the Office of Arts and Cultural Affairs programs (formerly known as Seattle Arts Commission programs) in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by said Commission as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 171. Section 5.78.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.040 Expenditures -Seattle Department of Transportation programs.

The Director of Transportation is authorized to direct expenditures for the donations made to Seattle Department of Transportation programs in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Director of Transportation as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 172. Section 5.78.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.060 Expenditures -Office of Housing.

The Director of Housing is authorized to direct expenditures for the donations made to that Office's programs in the City's Gift Catalogue or for other housing activities as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Director of Housing as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 173. Section 5.78.070 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.070 Expenditures -Seattle-King County Department of Public Health.

The Director of Public Health is authorized to direct expenditures for the donations made to the Seattle-King County Department of Public Health programs in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Director of Public Health as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 174. Section 5.78.080 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows

5.78.080 Expenditures -Seattle Public Utilities.

The Director of Seattle Public Utilities is authorized to direct expenditures for the donations made to the Seattle Public Utilities programs in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Director of Seattle Public Utilities as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 175. Section 5.78.090 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.090 Expenditures -Police Department.

The Chief of Police is authorized to direct expenditures for the donations made to the Police Department programs in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw to pay warrants against said program accounts or subaccounts on vouchers approved by the Chief as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 176. Section 5.78.100 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.100 Expenditures -Fire Department.

The Chief of the Fire Department is authorized to direct expenditures for the donations made to the Fire Department programs in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Chief as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 177. Section 5.78.120 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.120 Expenditures -Department of Parks and Recreation.

The Superintendent of Parks and Recreation is authorized to direct expenditures for the donations made to the Department of Parks and Recreation programs in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Superintendent as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 178. Section 5.78.130 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.130 Expenditures -Personnel Director.

The Personnel Director is authorized to direct expenditures for the donations made to programs of the Personnel Department (( or to programs of the former Personnel Division of the Executive Services Department )) in the City's Gift Catalogue as designated by the donor; and the City Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Personnel Director as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 179. Section 5.78.150 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.150 Expenditures -Director of Finance and Administrative Services (( Executive Administration )).

The (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to direct expenditures for the donations to programs of (( formerly housed in )) the City Budget Office, and to programs of the former Department of Finance , (( and to programs of the former ))Finance Department , and (( to programs of the former )) Department of Licenses and Consumer Affairs in the City's Gift Catalogue as designated by the donor; and to draw and to pay warrants against said program accounts or subaccounts on vouchers. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 180. Section 5.78.160 of the Seattle Municipal Code as last amended by Ordinance 120749 is amended as follows:

5.78.160 Expenditures -Department of Planning and Development (( Design, Construction and Land Use )).

The Director of the Department of Planning and Development (formerly known as the Department of Design, Construction and Land Use ), is authorized to direct expenditures for (( the )) donations made to the Department of Planning and Development or former Department of Design, Construction and Land Use (( Department )) programs in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Director of the Department of Planning and Development as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services ( ( Executive Administration )) may elect to make payment by check.

Section 181. Section 5.78.170 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.170 Expenditures -City Clerk's Office.

The City Council is authorized to direct expenditures for the donations to the City Clerk's Office programs in the City's Gift Catalogue as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against such program accounts or subaccounts on vouchers approved by the City Clerk as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 182. Section 5.78.180 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.180 Expenditures -Department of Neighborhoods.

The Director of the Department of Neighborhoods is authorized to direct expenditures from the donations made to that Department's programs that are in the City's Gift Catalogue, as amended from time to time, or for which an account or subaccount for deposit of donations is established by ordinance. Such expenditures shall be consistent with the designation by the donor. The (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said accounts or subaccounts for such programs, or make appropriate transfers from such accounts or subaccounts, based on vouchers approved by the Director of Neighborhoods as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 183. Section 5.78.190 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

5.78.190 Expenditures -Human Services Department.

The Director of the Human Services Department is authorized to direct expenditures for the donations made to that Department's programs in the City's Gift Catalogue or for other human services activities as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay warrants against said program accounts or subaccounts on vouchers approved by the Human Services Director as to payee and purpose. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 184. Section 5.78.200 of the Seattle Municipal Code, last amended by Ordinance 122876, is amended as follows:

5.78.200 Expenditures -Seattle Climate Action Now Program.

The Mayor or the Mayor's designee is authorized to direct expenditures for the donations made to the Seattle Climate Action Now Program as designated by the donor; and the (( City )) Director of Finance and Administrative Services (( Executive Administration or the Director's designee )) is authorized to make payments against the Seattle Climate Action Now Subfund of the General Donations and Gift Trust Fund (( as authorized by Chapter 3.04 of the Seattle Municipal Code )) on vouchers approved by the Mayor or the Mayor's designee as to payee and purpose.

Section 185. Section 5.78.210 of the Seattle Municipal Code, last amended by Ordinance 123194, is amended as follows:

5.78.210 Expenditures -Prostituted Children Rescue Program

The Mayor or the Mayor's designee is authorized to direct expenditures for the donations made to the Prostituted Children Rescue Program as designated by the donor, and the (( City's )) Director of Finance and Administrative Services (( Executive Administration )) or the Director's designee is authorized to make payments against the Prostituted Children Rescue Subfund of the General Donations and Gift Trust Fund (( as authorized by Chapter 3.04 of the Seattle Municipal Code )) on vouchers approved by the Mayor or the Mayor's designee as to payee and purpose.

Section 186. Section 5.80.020 of the Seattle Municipal Code, last amended by Ordinance 122557, is amended as follows:

5.80.020 Structure of subfund.

The Cumulative Reserve Subfund shall be comprised of two (( (2) ))accounts: the Capital Projects Account, with its several subaccounts, and the Revenue Stabilization Account.

A. The Capital Projects Account shall be comprised of several subaccounts, including but not limited to the Real Estate Excise Tax I Subaccount; the Real Estate Excise Tax II Subaccount; the South Lake Union Property Proceeds Subaccount; the Asset Preservation Subaccount -- General Facilities (( Fleets and Facilities )); and the Unrestricted Subaccount. Expenditures from the Capital Projects Account shall require an ordinance adopted by a majority of the members of the City Council.

B. The Revenue Stabilization Account shall be used for revenue stabilization for future City operations. Expenditures from the Revenue Stabilization Account shall require an ordinance passed by two-thirds vote unless state law requires a higher super majority vote of the City Council. The Revenue Stabilization Account shall be funded by (1) transfers by ordinance, and (2) automatic transfer of tax revenues to the extent described in this section. Upon completion of fiscal year accounting, tax revenues collected during the closed fiscal year which are in excess of the latest revised estimate of tax revenues for that closed fiscal year (as published in the current fiscal year adopted budget) shall automatically be deposited to the Revenue Stabilization Account. Such deposit shall occur at that time the City completes its accounting for the fiscal year. At no time shall the balance of the Revenue Stabilization Account exceed (( five ( ))5 (( .0) )) percent of the amount of tax revenues received by the City during the fiscal year prior to the closed fiscal year. For purposes of this paragraph, the phrase "tax revenues" means all tax revenues deposited into the General Subfund, including but not limited to, tax revenue from the regular property tax levy, business and occupation tax, utility business taxes, admissions tax, leasehold excise tax, gambling taxes, and sales and use taxes.

Section 187. Section 5.80.030 of the Seattle Municipal Code, last amended by Ordinance 121661, is amended as follows:

5.80.030 Capital projects subaccounts.

A. The Real Estate Excise Tax I Subaccount shall be comprised of the first (( one-quarter of one (1) )) 0.25percent excise tax on real estate sales collected on or after May 1, 1992. It shall be expended only for the purposes and capital projects contemplated by RCW 82.46.010.

B. The Real Estate Excise Tax II Subaccount shall be comprised of the second (( one-quarter of one (1) )) 0.25percent excise tax on real estate sales collected on or after May 1, 1992. It shall be used solely for the purposes and capital projects contemplated by RCW 82.46.035.

C. The Unrestricted Subaccount shall, unless provided otherwise by ordinance, be comprised of revenues from sales of surplus City property net of sale proceeds deposited into the South Lake Union Property Proceeds Subaccount, transfers of General Fund balances, investment earnings attributable to the Capital Projects Account of the Cumulative Reserve Subfund net of investment earnings attributable to the South Lake Union Property Proceeds Subaccount and the Asset Preservation Subaccount - General Facilities (( Fleets and Facilities )), and other unrestricted contributions to the Cumulative Reserve Subfund.

D. The South Lake Union Property Proceeds Subaccount shall, unless provided otherwise by ordinance, be comprised of revenues from sales of certain surplus City property located adjacent to South Lake Union, investment earnings attributable to the Subaccount, and other revenues identified through ordinance.

E. The Asset Preservation Subaccount - General Facilities (( Fleets and Facilities )) shall, unless provided otherwise by ordinance, be comprised of revenues from space rent charges levied by the Department of Finance and Administrative Services (formerly the Fleets and Facilities Department ) on occupants of the facilities it manages, operates, or maintains, investment earnings attributable to the Subaccount, and other fund sources approved through the City's annual budget process or by other ordinance. Expenditures from the Asset Preservation Subaccount - General Facilities (( Fleets and Facilities )) shall be limited to projects intended to preserve or extend the useful life and operational capability of capital facilities and shall be appropriated through the annual budget process or by other ordinance, consistent with the Capital Improvement Program of the Department of Finance and Administrative Services. (( Fleets and Facilities Department .))

F. The Street Vacation Subaccount shall, unless provided otherwise by ordinance, be comprised of one-half of the revenue received by the City as compensation for any street or alley that is vacated. Expenditures shall be dedicated to the acquisition, improvement, and development of public open space or transportation capital projects.

Section 188. Section 6.02.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.030 Definitions.

For the purpose of this subtitle certain words shall have the meanings specified in this section. Words used in the singular include the plural, and words used in the plural include the singular. Words used in the masculine gender include the feminine and words used in the feminine gender include the masculine.

A. "Complainant" means any person who files a complaint in writing with the Department of Finance and Administrative Services (( Executive Administration )).

B. "Confidential" means not available for public inspection.

C. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) of The City of Seattle and shall include the Director's authorized representatives.

D. "Licensee" means the holder of any license issued in accordance with the provisions of this subtitle.

E. "Person" means any individual, partnership, company, society, association, or other group or organization, whether acting by themselves or by a servant, agent or employee.

F. "Published" means published in a daily newspaper of general circulation published in The City of Seattle.

Section 189. Section 6.02.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.040 Administration and enforcement.

A. The Director of Finance and Administrative Services (( Executive Administration )) shall have general charge of, and supervision over, the administration and enforcement of this subtitle, and he or she shall exercise all the powers and perform all the duties imposed upon him or her by this subtitle, and all other ordinances relating to licenses issued for regulatory and/or revenue purposes unless administration and enforcement of such ordinance is vested in another officer or department by ordinance.

B. The Director in the discharge of such powers and duties is authorized to inspect all relevant reports, books, records and premises of any licensee; provided that the results of any such inspection shall be confidential unless a hearing is requested under the provisions of this subtitle in connection with the license held by such licensee. It shall be his or her duty to furnish monthly to the Chief of Police and Chief of the Fire Department a list of licensees, including the name and address, character of license and date of expiration of the following classification of license holders: billiard and pool tables, public dance halls, cafe dances, cabarets, theaters and other places of amusement, pawnshops, secondhand dealers, junk shops, junk wagons and all for-hire vehicles. It shall be the duty of the Chief of Police concurrently with the Director, to enforce this subtitle.

Section 190. Section 6.02.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.050 Establishment of rules and regulations.

The Director of Finance and Administrative Services (( Executive Administration )) shall establish administrative rules and regulations consistent with this subtitle for the purpose of enforcing and carrying out the provisions thereof. Such rules and regulations shall be established pursuant to the requirements of Chapter 3.02. (( the Administrative Code (Ordinance 102228)1 as now or hereafter amended. ))

Section 191. Section 6.02.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.060 Assistance in enforcement.

The Boiler Inspector shall assist in the enforcement of the provisions hereof relating to stationary engineers and firemen; the Chief of the Fire Department and members of the Fire Department detailed as Inspectors shall assist in the enforcement of the provisions hereof, particularly with reference to gasoline stations; the Plumbing Inspectors of the Department of Public Health shall assist in the enforcement of the provisions hereof relating to master plumbers and journeyman plumbers and it shall be the duty of all department heads and the inspectors thereof to report in writing to the Director of Finance and Administrative Services (( Executive Administration )) and to the Chief of Police and, if a violation of Chapter (( 6.230 )) 6.420 is involved, to the Director of the Department of Planning and Development (( Construction and Land Use ) any violations of this subtitle coming to their attention.

Section 192. Section 6.02.080 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.080 Hearing -Procedure.

A. In all cases in which a hearing is requested or otherwise required in accordance with the provisions of this subtitle the Director of Finance and Administrative Services (( Executive Administration )) shall set a date for hearing before a Hearing Examiner in the Office of Hearing Examiner which date unless otherwise provided in this subtitle shall not be later than (( fifteen ( ))15(( ) )) days after receipt of such request. Notice of the date, and summary of the issues involved shall be published and shall be sent by certified mail to the license applicant or licensee and to any complainant.

B. Such hearing shall be open to the public and shall be conducted and a record kept thereof by the Hearing Examiner in accordance with Chapter 3.02 (( Administrative Code1 of the City )).

C. In the conduct of such hearing the Hearing Examiner shall have authority to issue subpoenas for the attendance of witnesses and/or production of documents, hold conferences for the settlement or simplification of issues, administer oaths and affirmations, examine witnesses, receive and rule upon the admissibility of evidence, and take notice of judicially cognizable facts and other general, technical or scientific facts within his specialized knowledge. In ruling upon the admissibility of evidence the Hearing Examiner shall give effect to rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence, but may admit and consider any evidence which possesses probative value commonly accepted by reasonably prudent men and women in the conduct of their affairs.

D. Every interested party shall have the right to offer evidence, both directly and in rebuttal, and to cross-examine any witness who shall testify.

Section 193. Section 6.02.090 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.090 Filing of findings of hearing.

Within (( twenty ( ))20(( ) )) days after any such hearing or any continuation thereof, the Hearing Examiner shall file with the Director of Finance and Administrative Services (( Executive Administration )) and with the City Clerk written findings of fact, conclusions and his or her decision. Such decision shall be mailed by certified mail to the license applicant or licensee and to the complainant, if any, and shall be final.

Section 194. Section 6.02.120 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.120 Records to be filed with City Clerk and Director.

Unless otherwise provided in this subtitle, all decisions, orders, rules, regulations, reports and records required by this subtitle to be made or kept, shall be filed with the City Clerk and a copy thereof filed in the office of the Director of Finance and Administrative Services (( Executive Administration )), and shall be open to public inspection in the office of the City Clerk during normal business hours.

Section 195. Section 6.02.150 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.150 Change of ownership -Panoram location businesses.

The Director of Finance and Administrative Services (( Executive Administration )) may recognize a change of ownership of any business licensed for "panoram location" upon the filing by the new or prospective owner of applications in the manner and form prescribed, and payment of the applicable fee required for original applications for such licenses, and may in granting any such application include the condition that such new or prospective owner assume and pay any lawful indebtedness of the transferor or assignor due to the City in connection with such business.

Section 196. Section 6.02.170 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.170 Business at location other than stated in license.

Unless otherwise specifically provided, no license issued under authority of this subtitle shall entitle the holder thereof to maintain or conduct the business, trade, occupation, calling, exhibition or entertainment, for which he/she had procured such license at any other place or location than that stated in such license except upon the written consent of the Director of Finance and Administrative Services (( Executive Administration )).

Section 197. Section 6.02.190 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.190 License application -Form for certain businesses.

A. Application for the granting or renewal of:

1. Cabaret licenses;

2. Detective agency licenses;

3. Massage premises and public bathhouse license;

4. Pawnbroker licenses;

5. Merchants patrol agency licenses; shall be made in the office of the Director on a form prepared by him/her substantially as follows:

"THE CITY OF SEATTLE

Department of Finance and Administrative Services (( Executive Administration ))

Application for ____ Expiring____ 20________

1. Name of Applicant____

2. Location of Business____ Telephone No.____

3. Place of Business Known as____

4. Residence Address of applicant____ Telephone Number____

5. State whether Individual, Partnership or Corporation____

6. If Partnership, state the names of all persons sharing in the profits of the business; If a Corporation, give the names of its officers, directors and shareholders, giving title, residence address and phone number of each____ ____

7. How long has the applicant (or if a corporation, its officers) resided in the City of Seattle?____

8. If individual or partnership, state whether applicant is of legal age____

9. Has the applicant or anyone owning an interest in the business, or proposed business, ever been convicted of violating any law or ordinance relating to the sale of intoxicating liquor, gambling, or any law or ordinance relating to public morality and decency, or for violating any law or ordinance involving an intent to defraud?____

10. Has the applicant or anyone owning an interest in the business, or proposed business, ever been convicted of violating any law or ordinance relating to the use, sale or possession of narcotic drugs?____

11. State whether all persons sharing in the profits of the business are citizens of the United States____

12. Give name of each person sharing in the profits of the business who is not a citizen of the United States____

13. Do the premises upon which the business or proposed business is to be conducted, comply with the requirements of the Building Code and those relating to health and sanitation?____

14. (If a Theater) Number of Seats____

15. Remarks____

STATE OF WASHINGTON ) COUNTY OF KING ) ss. CITY OF SEATTLE )

____, being first duly sworn upon oath, deposes and says: I am the above named applicant, and make this affidavit for the purpose of obtaining from the City of Seattle a ____in accordance with the provisions of the License Code. I have personal knowledge of the matter stated in the foregoing application and the statements contained therein are true.

SUBSCRIBED AND SWORN

to before me this ________ day of ________, 20________

Notary Public in and for

the State of Washington,

residing at Seattle

Director of Finance and Administrative Services (( Executive Administration ))

By____"

B. If the applicant is a partnership, a partner must sign, if a Washington corporation, an officer thereof must sign, and if a foreign corporation authorized to do business in the state, its local manager or resident agent must sign. All applications must be accompanied by a receipt from the Director of Finance and Administrative Services (( Executive Administration )) showing payment of the required fee. The Director shall, as to applications for a new license, and may as to applications for a renewal license, request the Chief of Police to investigate the truth of the statements in the application and all other matters which might tend to aid the Director in determining whether to issue the license. The Chief of Police shall report to the Director as to reasons he or she may have for objecting to the issuance of the license. If the Director is satisfied that the statements in the application are true, that the applicant and all persons connected with the business are of good character, that the premises in which the activity sought to be licensed will be conducted comply with the requirements of all ordinances relating to buildings, fire, health and sanitation, that such premises are situated in a place where such businesses are not prohibited by the Zoning Ordinance1 or other law, and that all other requirements and conditions of this subtitle and other ordinances relating to such application and to the business for which such license is sought have been met, the Director shall issue the license; otherwise shall deny the same; provided, however, that if the applicant (or if a corporation, any of its officers) has within ten (( (10) ))years of the date of application been convicted of any felony, or any misdemeanor involving moral turpitude or intent to defraud, or has within ten (( (10) ))years of the date of application been released from a penal institution or from active supervision on parole as a result of any such conviction, no such license shall be issued; provided, further, however, that the Director may waive not to exceed five (( (5) ))years of such period upon satisfactory showing by the applicant of rehabilitation.

C. If any license is denied by the Director, the fee paid by the applicant shall thereupon be returned to him/her.

D. As changes in shareholders, directors and officers of a corporation occur, any application for a license made by or on behalf of such corporation under this section shall be amended by the corporation by notice in writing filed with the Director and failure to comply with such requirement shall be cause for revocation of any license issued to such corporation.

Section 198. Section 6.02.200 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.02.200 Police Department relieved of duty to investigate applications.

The Chief of Police and the Police Department are relieved of the duty to investigate applications for license renewals and all parts of this subtitle (Ordinance 48022) imposing such duty are superseded, provided that this provision shall not preclude the Chief of Police from making such investigation of applicants for license renewal as may be requested by the Director of Finance and Administrative Services (( Executive Administration )).

Section 199. Section 6.02.210 of the Seattle Municipal Code, as last amended by Ordinance 117169, is further amended as follows:

6.02.210 Application procedure -Grounds for denial of license.

Application for any City license required by this title, other than those specified in Section 6.02.190 and (( Seattle Municipal Code )) Chapter 6.42, shall be made to the Director on a form prepared by him or her and shall be accompanied by a receipt (( from the Finance Director )) showing payment of the required fee. If the application is made within six (( (6) ))months of the date fixed for expiration, the fee shall be (( one-half ( ))1/2(( ) )) the annual fee. Except as hereinafter otherwise provided, the Director, upon receipt of proper application and compliance by the applicant with all conditions and requirements of this title and other ordinances relating to such application and to the business or activity for which such license is sought, shall issue the license; provided, that if after investigation the Director finds good reason to believe that the applicant is dishonest or immoral or desires the license applied for in order to engage in dishonest, unlawful or immoral acts or enterprises or that the premises in which the activity sought to be licensed will be conducted does not comply with the requirements of any ordinance relating to fire, buildings, health and sanitation or is in violation of the Zoning Ordinance,1 he or she shall deny the license.

Section 200. Section 6.02.290 of the Seattle Municipal Code, last amended by Ordinance 123160, is amended as follows:

6.02.290 Revocation or refusal to renew procedure.

A. Actions to revoke or refuse to renew any license shall be commenced by the Director of Finance and Administrative Services (( Executive Administration )) by issuing a notice pursuant to subsection 6.02.290.E or by any other person by filing in the office of the Director a written complaint setting forth in specific terms the basis therefor. The Director shall mail a copy of such complaint by certified mail to the licensee at his or her last address as shown by the license records of the Director, and shall be accompanied by a notice that such license may be revoked or not renewed.

B. The licensee shall, within ten days after receiving any such complaint, mail by certified mail to the complainant and file with the Director his or her written answer, which shall admit or deny the allegations of such complaint and may set forth such defenses and/or additional matter as the licensee shall deem appropriate.

C. The Director shall conduct an investigation, and if cause exists may revoke or refuse to renew such license; provided, that if the Director finds upon a sufficient showing that the conduct complained of has been corrected and is unlikely to be repeated, he or she may dismiss any such complaint; and provided further, that the complaint shall be dismissed by the Director where the conduct complained of has been corrected under a written agreement between the complainant and licensee approved by the Director.

D. If a complaint has been filed, the Director shall mail to the complainant and to the licensee by certified mail a notice of the action summarizing his or her findings and conclusions. In all cases in which a complaint is dismissed other than upon a written agreement between the complainant and licensee, the complainant may within ten days of the mailing of the notice of the Director's action submit a written request for a hearing together with the appropriate Hearing Examiner filing fee, which the Director shall transmit to the Hearing Examiner.

E. If the Director determines that grounds exist to revoke or refuse to renew a license, the Director shall notify such licensee in writing by certified mail of the revocation or refusal to renew and on what grounds the decision was based. The notice shall include a recital of the licensee's right to an appeal.

F. The licensee may appeal a revocation or refusal to renew by filing a written notice of appeal ("petition") setting forth the grounds therefor with the Office of the Hearing Examiner. The licensee must provide a copy of the petition to the Director and the City Attorney on or before the date the petition is filed with the Hearing Examiner. The Hearing Examiner shall conduct the hearing in accordance with the procedures for hearing contested cases in (( the Seattle Administrative Code ( ))Chapter 3.02 of the Seattle Municipal Code(( ) )). The Hearing Examiner shall set a date for hearing said appeal and notify the licensee by mail of the time and place of the hearing. After the hearing, the Hearing Examiner shall, after issuing appropriate findings of fact and conclusions of law, affirm, modify, or overrule the revocation or refusal to renew and reinstate the license. The Hearing Examiner may impose any terms upon the continuance of the license that he or she may deem advisable.

G. If a hearing has been requested by a licensee in connection with the revocation of or refusal to renew a license, the license shall remain in effect pending the determination made as a result of such hearing.

Section 201. Section 6.10.005 of the Seattle Municipal Code, last amended by Ordinance 121932 is amended as follows:

6.10.005 Definitions.

The following definitions as well as the definitions contained in Chapters 5.30 and 10.08 of the Seattle Municipal Code shall be fully applicable to this Chapter 6.10 in its entirety, except as expressly stated to the contrary herein.

A. "Alarm site" means the location at which a subscriber's alarm system is installed.

B. "Alarm system" or "alarm device" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an alarm system monitoring company, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion. An alarm system or alarm device may consist of one or more components (e.g., motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an alarm system monitoring company via telephonic, wireless, electronic, video, or other form of message. For purposes of this chapter, a system, device, or mechanism primarily protecting a motor vehicle, or one designed to communicate a medical emergency, including but not limited to a panic alarm button or similar device, is not considered to be an alarm system or alarm device.

C. "Alarm system monitoring company," means any individual, partnership, corporation, or other form of association that engages in the business of monitoring property, burglary, or robbery alarm systems and shall include self-monitored alarm businesses, as defined herein. For purposes of this chapter, alarm system monitoring companies include those dealers and installers who contract with a property owner, subscriber, or customer, to perform alarm system monitoring services and then subcontract with another alarm system monitoring company to provide the actual monitoring service.

D. "Department" means the Department of Finance and Administrative Services (( Executive Administration )) of the City of Seattle.

E. "False Alarm" means the notification to the Seattle Police Department or Seattle Fire Department concerning the activation of an alarm system or alarm device when:

1. There is no evidence of a crime or other activity that warrants the assistance of the Seattle Police Department on the premises, as indicated by the investigation of a police officer on the scene or by the lack of a police report filed by the property owner, and no individual who was on or near the premises or who had viewed a video communication from the premises called for the dispatch or confirmed a need for police response; or

2. There is no indication or presence of a fire on the premises, that warrants a call for assistance from or investigation by the Seattle Fire Department, and no individual who was on or near the premises or who had viewed a video communication from the premises called for the dispatch or confirmed a need for fire response; or

3. The dispatch of police or fire personnel was cancelled by the alarm system monitoring company, whether the alarm was cancelled before or after the arrival of police or fire personnel at the alarm site.

F. "Monitoring" means the process by which an alarm system monitoring company receives signals from an alarm system or alarm device.

G. "Self-monitored alarm business" means any person required to obtain a Seattle business license pursuant to (( SMC )) Section 5.55.030 which elects to internally monitor its own alarm systems or alarm devices and monitors three (( (3) ))or more alarm systems or business locations located within the City limits.

H. "Subscriber" means a person having or maintaining an alarm system or alarm device where such system is connected to or in communication with an alarm system monitoring company.

Section 202. Section 6.14.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.14.020 License required -Certain persons prohibited.

It is unlawful for any person, unless duly licensed so to do pursuant to this chapter, to engage in, or to advertise or hold himself or herself out as being engaged in the private detective business; provided, that no license required by Sections 6.14.030 or 6.14.040 shall be granted to any person who within ten (( (10) ))years of the date of application for such license has been convicted of any felony, or any misdemeanor involving moral turpitude or intent to defraud, or has within ten (( (10) ))years of the date of application been released from a penal institution or from active supervision on parole as a result of any such conviction; provided, further, however, that the Director of Finance and Administrative Services (( Executive Administration )) may waive not to exceed five (( (5) ))years of such period upon satisfactory showing by the applicant of rehabilitation.

Section 203. Section 6.14.090 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.14.090 Surety bond.

Every applicant for a detective agency license at the time the application is made shall furnish to the Director of Finance and Administrative Services (( Executive Administration )) for filing with the City Clerk, a surety company bond running to the City, in a penal sum of (( Two Thousand Dollars ( ))$2,000(( .00) )), conditioned that the licensee will faithfully comply with all the requirements of this title, insofar as they relate to the business of detective or detective agency.

Section 204. Section 6.14.100 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.14.100 Private guard license -Fee.

It is unlawful to engage in the occupation of private guard to prevent theft or unlawful taking of goods, wares, and merchandise or to purport to engage therein without a private guard license, the fee for which shall be (( Thirty Dollars ( ))$30(( .00) )) per year and which shall expire October 31st of each year. No private guard shall operate except as an employee under a duly licensed detective agency. Application for such license shall be made to the Director of Finance and Administrative Services (( Executive Administration )) on a similar form and shall follow the same procedure as is provided in Section 6.14.060 hereof for a private detective license; provided, anyone holding a valid merchant's patrol agency license or merchant patrolman's license under Section 6.38.020 of this subtitle shall be exempt from such license requirements.

Section 205. Subsection 6.20.030.A of the Seattle Municipal Code, as last amended by Ordinance 120668, is further amended as follows:

6.20.030 Application; Coordination; Records.

A. Application. A promoter or organizer of a trade show shall apply to the Director of Finance and Administrative Services for a trade show license at least one (( (1) ))day before the trade show opens. The application shall identify the trade show, its location and dates, and contain or be supplemented by a listing of the name, address, and business telephone number of each participant, and identify any "used goods dealer" as defined in s ub(( S )) s ection 6.288.010

(( )) . H. A participant must be listed in order to be eligible for the exclusion in (( Sections )) 6.20.050 and 5.55.030(( )) . D, and identified as a "used goods dealer" for registration under sub(( S )) s ection 6.20.050(( )) . C.

Section 206. Section 6.36.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.36.020 Massage premises, public bathhouse, and reducing salon licenses.

It is unlawful to conduct, manage, operate, or work in any massage premises, public bathhouse, or reducing salon unless such establishment is licensed as provided in this section.

A. Original application for such licenses shall be made and original licenses issued in the manner provided in Sections 6.02.190 and 6.02.210 of this subtitle. All applications for renewal shall be filed with the Director on forms furnished by him/her for such purpose and he/she shall refer the same to the Chief of Police who shall within five (( (5) ))days furnish a written report to the Director containing the result of his/her investigation and any other matters which might aid the Director of Finance and Administrative Services (( Executive Administration )) in determining whether or not to issue the license.

B. The fee for a reducing salon or public bathhouse license is (( Three Hundred Forty Dollars ( ))$340(( .00 ))) per year; the fee for a massage premises license is (( Ninety Dollars ( ))$90(( .00) )) per year.

C. No such license shall be granted for any massage premises, public bathhouse or reducing salon until inspection and report as to the sanitary condition thereof by the Director of Health to the Director of Finance and Administrative Services (( Executive Administration )). Massage premises, public bathhouses, and reducing salons must be similarly inspected at least once a year when renewal of a license is requested, and must at all times be open to inspections by the City as to sanitary conditions and to enforce compliance with the provisions of this chapter.

D. It is unlawful for the owner, proprietor, manager, or such person in charge of any public bathhouse or reducing salon to employ in such place any person who is not at least (( eighteen ( ))18(( ) )) years of age and of good moral character.

E. It is unlawful for the owner, proprietor, manager, or such person in charge of any massage premises to employ in such place any person who is not at least (( eighteen ( ))18(( ) )) years of age.

F. It is unlawful to advertise the giving of massages or public baths by an establishment, massage practitioner or other person not licensed pursuant to this subtitle.

G. A record of all massage treatments showing the date given, the name and address of the recipient, and the name and address of the massage practitioner shall be kept and be open to inspection by the Police Department , (( and License )) Finance and Administrative Services, and Health Department inspectors at all times.

Section 207. Section 6.36.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.36.030 Massage practitioner's license.

It is unlawful for any person, except as provided in Section 6.36.060, to give a massage or other treatment of the body by rubbing, kneading, or manipulation, whether in a massage premises or public bathhouse, or otherwise, without first obtaining a massage practitioner's license, the fee for which is (( Thirty-five Dollars ( ))$35(( .00) )) per year. The license application shall be made in the true name of the applicant and shall be accompanied by evidence that the applicant holds a valid State Massage Practitioner's License. If the Director of Finance and Administrative Services (( Executive Administration )) finds that the information in the application is true and accurate, that the applicant holds a valid State Massage Practitioner's License, and that the applicant has not been convicted of a crime involving or related to prostitution, lewd conduct, or narcotic drugs within the seven (( (7) ))years immediately prior to the date of application, the Director shall approve the application and issue the license; otherwise, the Director shall deny the application.

Section 208. Section 6.36.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.36.040 Athletic massage operator's license.

It is unlawful for any person to be employed or work as an athletic massage operator unless such person is licensed as provided in this section:

A. The fee for an athletic massage operator's license is (( Thirty-five Dollars ( ))$35(( .00) )) per year.

B. Application for an athletic massage operator's license or for any renewal thereof shall be made to the Director of Finance and Administrative Services (( Executive Administration )) on forms furnished by him/her for such purpose. It shall state the true name of the applicant, who shall be not less than (( eighteen ( ))18(( ) )) years of age, and as to an original application shall be accompanied by references as to the moral character and ability of the applicant from four (( (4) ))reputable citizens of the City.

C. If the Director finds the application to be in proper form and upon investigation such references to be authentic, he/she shall transmit the same to the Chief of Police.

D. The Chief of Police shall investigate the applicant's reputation and record and transmit such application, his/her written report, and all other reports thereon, to the Director of Health, who shall examine the applicant physically to ascertain if the applicant is free from contagious or infectious disease in a communicable stage and otherwise physically fit to give athletic massages, and shall make a written report thereon.

E. If the Director of Health finds that the applicant is physically competent to give athletic massages he/she shall transmit the application, accompanied by all reports thereon, to the Director of Finance and Administrative Services (( Executive Administration )). If from the reports the Director of Finance and Administrative Services (( Executive Administration )) deems the applicant a fit and proper person, he/she shall issue the license; otherwise he/she shall deny the license.

Section 209. Section 6.38.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.38.040 Surety bond.

Every applicant for a merchants patrol agency license shall at the time of application furnish to the Director of Finance and Administrative Services (( Executive Administration )) for filing with the City Clerk, a surety company bond running to the City, in a penal sum of (( Two Thousand Dollars ( ))$2,000(( .00) )) conditioned that the licensee will faithfully comply with all the requirements of this title, insofar as they relate to the business of merchant patrolman or merchants patrol agency.

Section 210. Section 6.42.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.42.010 Panoram location license.

It is unlawful to display, exhibit, expose or maintain upon any premises, any manually, mechanically, magnetically, electrically, or electronically operated device commonly known as a "panoram" or "peepshow," which exhibits, displays, projects or illuminates photographed, videotaped or magnetically reproduced images, or exposes live entertainment to the viewer while the viewer is in a booth or stall, without a license to do so, to be designated a "panoram location license"; provided that no license is required if all such devices are contained in a single common area and are not separated by partitions, screens, booths or any other physical barrier or obstruction; provided, further, that no license is required if no fee, membership fee, deposit, purchase or other charge is paid for using or viewing the panoram or peepshow or for entering or remaining upon the premises. Each place of business shall have a separate license and the same shall at all times be conspicuously posted and maintained therein. The Director of Finance and Administrative Services (( Executive Administration )) shall prescribe the form of such license, number the same and shall indicate thereon the number of such devices to be operated thereunder, and the location.

Section 211. Section 6.42.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.42.020 Panoram device license.

It is unlawful to own and exhibit or display for use, or to place by lease or otherwise for use, exhibit or display with another, any device described in Section 6.42.010 without a license to be designated a "panoram device license" for each device. Panoram device licenses shall be issued for devices at specific locations only and shall not be transferable. The Director of Finance and Administrative Services (( Executive Administration )) shall prescribe the form of such licenses and number the same. Panoram device licenses shall be securely attached to each such device in a conspicuous place.

Section 212. Section 6.42.050 of the Seattle Municipal Code as last amended by Ordinance 117169 is amended as follows:

6.42.050 Inspection of panoram premises.

A. Applicants for any license authorized to be issued under this chapter shall allow the premises and devices sought to be licensed to be inspected in accordance with subsection B of this section by authorized inspectors from the Fire and Police Departments, Seattle-King County Health Department, Department of Planning and Development, and the Department of Finance and Administrative Services (( Construction and Land Use and Finance Department )).

B. Licensees operating premises and devices licensed under this chapter shall hold open for routine regulatory inspections by the City during normal business hours those areas upon the premises which are accessible to the public.

Section 213. Section 6.48.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.48.040 Signs -Posting of rates.

A. Except as otherwise provided in subsections B and C of this section, it is unlawful for any person to demand or collect any charge for parking or for keeping or storing any motor vehicle in any public garage or parking lot unless there is erected and maintained at or near each entrance to such public garage or parking lot a permanent sign which is adequate to apprise anyone entering for the purpose of using such garage or parking lot of the following information and conforming to the following standards:

1. The word "park" or "parking" shall be clearly displayed on the sign, and the true or assumed name of the licensee shall be clearly identified at the top or the bottom of the sign, and such signs shall contain no other advertising. Any licensee using a trade or assumed name shall, when applying for a license or renewal thereof, furnish the Director with a certified copy of the filing with the County Clerk showing such trade or assumed name.

2. Signs shall contain numbers and letters indicating the time units and rate or rates for parking which are clearly readable and visible from a distance of (( fifty ( ))50(( ) )) feet; provided, that, if a rate charged for any time period is higher than the rate usually charged for that time period the higher rate shall be designated on a sign in letters and numbers not less than ( (one and one-third ( 1/3) )) 1.33 times the size of the largest letter or numeral indicating the rate usually charged, and the sign shall clearly indicate that a special rate is being charged.

3. Signs indicating more than one (( (1) ))rate and time interval shall contain figures for each rate and time interval; rates shall be listed with the shortest time interval on the top and the all-day rate on the bottom.

4. Signs shall indicate any hours when the public garage or parking lot is not open for public parking and shall specify the night parking rate or weekend parking rate when such rate(s) differ from regularly posted rates.

5. Signs shall indicate specific hours when a night rate is applicable and/or specific days and hours when a weekend rate is applicable.

6. If any rate other than an all-day rate is to be charged, the maximum rate for all-day parking must be posted.

7. All numbers and letters on such signs shall be of a contrasting color to the background thereon.

8. The bottom line of rate information shall be at least (( six ( ))6(( ) )) feet above the sidewalk level; provided that it may be lower if rate information cannot be obstructed at any time.

B. As to indoor parking facilities, such signs shall not be required to be erected and maintained at or near each entrance thereof and may alternatively be erected and maintained inside each entrance if:

1. Such signs are clearly readable and visible from a point within the indoor parking facility and from which point a motor vehicle can immediately and conveniently exit;

2. Such signs conform to the standards set forth in paragraphs 1 through 7 of subsection A, and in addition contain a statement indicating the immediate exit to be taken by a driver desiring to leave after reading the sign; and

3. No charge is demanded or collected for any motor vehicle which immediately exits following the reading of such a sign.

C. As to accessory parking facilities, such signs shall not be required to be maintained at or near the entrances thereof and may alternatively be erected and maintained within or immediately adjacent to each area in which motor vehicles are parked, stored or kept if:

1. Each such sign is clearly readable and visible from all points within each such area; and

2. Each such sign conforms to the standards set forth in paragraphs 1 through 8 of subsection A.

D. It is unlawful for any person to demand or collect any charge for the parking, keeping or storing of any motor vehicle in a public garage or parking lot in excess of the rates posted; provided, however, that the provisions of this section pertaining to the posting of parking rates shall not apply to rates which are determined by weekly, monthly, or longer periods of time, or to rates determined by written contract.

E. It is unlawful to demand or collect any charge for the parking, keeping or storing of any motor vehicle in a public garage or parking lot unless there is posted and maintained upon the premises of the public garage or parking lot at or near each place of payment, a public notice approved by the Director of Finance and Administrative Services (( Executive Administration )). Such notice shall contain the following public convenience information:

1. The name and phone number of the licensee and the street address of the garage or lot;

2. Parking rates posted in the same order as listed on the parking sign;

3. The appropriate locations for making payment;

4. The name, address, and telephone number of the person, firm or agent authorized to impound in place or remove vehicles from the garage or lot; and

5. Any other information pertinent to the operation of the public garage or parking lot as specified by administrative regulations promulgated by the Director of Finance and Administrative Services (( Executive Administration )).

Section 214. Section 6.48.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.48.050 Immobilization of vehicle for delinquent parking fee.

A. It is unlawful for anyone to remove or cause to be removed any part from a motor vehicle to immobilize such motor vehicle in order to secure payment for a delinquent parking fee or charge, and it is unlawful to restrict the movement of or immobilize any motor vehicle parked or stored in a public garage or parking lot in any manner except as provided in this section.

B. For enforcement of a storage lien for parking, keeping or storing such motor vehicle, any licensee, or an employee, agent or contractor of such licensee may immobilize such motor vehicle only by the attachment of such external device or devices, approved by the Director of Finance and Administrative Services (( Executive Administration )) for such purpose, as may be necessary to prevent removal of such vehicle and only if:

1. The person so immobilizing the vehicle shall affix conspicuously to the vehicle a written notice stating the name and address of the person or firm who immobilized the vehicle and the address and telephone number of a person authorized and available to release the vehicle; and

2. The person immobilizing the vehicle, or an agent, employee, or contractor authorized to release the vehicle is accessible at all times at the address and telephone number indicated on the notice; or

3. The licensee or an agent, employee, or contractor of such licensee is on the premises authorized and able to release the vehicle within one (( (1) ))hour after the vehicle's owner, operator, or person entitled to its possession shall request its release; and

4. The vehicle is released immediately after tender of payment of posted parking charges due and unpaid at the time of the request for release together with the posted impound fee.

Section 215. Section 6.48.080 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.48.080 Revocation, suspension or refusal to issue license.

In addition to such other grounds as may be provided in this subtitle for refusal to issue, revocation or suspension of the license required by Section 6.28.020, the Director of Finance and Administrative Services (( Executive Administration )) may refuse to issue, or may revoke or suspend such license upon a finding that a licensee has by defraud or misrepresentation, violated any provision of this chapter or any other law, ordinance, rule or regulation.

Section 216. Section 6.102.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.102.020 License required -Posting.

It is unlawful to operate a tattoo shop or establishment without a tattoo shop license. Applications for such license shall be made to the Director of Finance and Administrative Services (( Executive Administration )) accompanied by the required fee, and shall be referred to the Chief of Police and the Director of Public Health and shall be returned to the Director within ten (( (10) ))days with their report and recommendation. No tattoo shop license shall be issued by the Director except on recommendation of such officers. The tattoo shop license shall at all times be posted in a conspicuous place in the licensed shop.

Section 217. Section 6.102.070 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.102.070 Recordkeeping.

Permanent records for each patron shall be maintained by the operator of the tattoo shop. Before any tattooing operation starts, the patron shall be required personally to enter on a record form provided for such shop the date, his or her name, age, serial number if he or she is in the military (( a serviceman )), and his or her signature. Such records shall at all times be maintained in the tattoo shop and shall be open at all reasonable times to examination by the Chief of Police and Director of Public Health or the Director of Finance and Administrative Services (( Executive Administration )). The tattoo operator shall issue a receipt to each patron containing the name and address of the tattoo shop, and the signature of the operator. When the shop is closed by going out of business or by license revocation all such records shall be turned over to the Director of Public Health.

Section 218. Section 6.102.090 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.102.090 Revocation or suspension of license.

The Director of Finance and Administrative Services (( Executive Administration )) may revoke or suspend for a specified period any license issued under this chapter for violation of any provision thereof; and shall do so upon recommendation of the Director of Public Health for such reason.

Section 219. Section 6.202.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.202.060 Definitions.

A. Except as specified otherwise in the new license code, the following definitions apply:

1. "Administrative Code" means the Administrative Code of the City (Ordinance 102228)1 as now or hereafter amended, or its successor ordinance.

2. "Chief of Police" means the Chief of Police of City of Seattle, or his or her designated representative.

3. "City" means The City of Seattle.

4. "Conviction" means any final judgment of guilty in any court, the imposition of a fine, a plea of guilty or nolo contendere, or a finding or verdict of guilty, regardless whether imposition of sentence is deferred or the penalty is suspended. Any conviction which has been expunged pursuant to the Revised Code of Washington, (RCW) 9.92.066, as now or hereafter amended, or RCW 9.95.240, as now or hereafter amended, is not considered a conviction.

5. "Criminal Code" means the Seattle Criminal Code (Ordinance 102843), 2 (( 2 )) as now or hereafter amended, or its successor ordinance.

6. "Department" means the Director of Finance and Administrative Services (( Executive Administration )) of the City.

7. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) of the City or his/her designated representative.

8. "Hearing Examiner" means the Hearing Examiner of the City or his/her designated representative.

9. "License" means a valid permit required by the new license code in order to engage in a business or occupational activity in the City.

10. "Owner" means:

a. If a sole proprietorship, the proprietor;

b. If a partnership, a general or limited partner;

c. If a corporation, any person who controls or has the right to control (( twentyfive ( ))25 (( ) ))percent or more of the stock, assets, or other equity in the corporation;

d. If a marital community, both spouses;

e. If a joint venture, any person who is a coventurer;

f. If a trust, any trustee and, if organized pursuant to RCW Chapter 23.90, as now or hereafter amended, any person who controls or has the right to control (( twentyfive ( ))25 (( ) ))percent or more of the certificates of the trust;

g. If any other entity, however organized, any person who holds a legal or equitable interest in the entity.

11. "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

B. Unless the context clearly indicates otherwise, the singular includes the plural, and the plural includes the singular.

Section 220. Section 6.202.460 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.202.460 Liability insurance.

A. In those instances where the new license code requires that the applicant for the license shall provide insurance as a condition of receiving a license the purpose of the requirement is to insure that members of the public and the City will be compensated for losses caused by personal injury or property damage resulting from the tortious acts of the licensee or its agents or employees.

B. Whenever the issuance of a license is conditioned upon an applicant's obtaining liability insurance, each insurance policy:

1. Shall be issued by a company authorized to do business as an insurer in the state pursuant to the provisions of RCW Title 48 as now or hereafter amended; and

2. Shall contain the following recital:

"Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail (( twenty ( ))20(( ) )) days' prior written notice to the Director of Finance and Administrative Services (( Executive Administration )). The policies shall remain in effect during this (( twenty ( ))20(( ) )) day cancellation period."

3. Shall name The City of Seattle as an additional insured;

4. May be approved as to sufficiency and form by the City Attorney at the request of the Director; and

5. Shall be furnished to the Director for filing with the City Clerk.

Section 221. Section 6.222.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.222.010 Definitions.

For the purposes of this chapter:

A. "Customer" means any prospective tenant contracting with a rental agency for the performance of such agency's services.

B. "Department" means the Department of Finance and Administrative Services (( Executive Administration )) of the City.

C. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) of the City or any authorized representative of the Director.

D. "Housing accommodation" or "accommodations" includes any dwelling or dwelling unit, rooming unit, rooming house, lot or parcel of land which is used, intended to be used, or arranged or designed to be used as, or improved with, a residential structure for one (( (1) ))or more human beings.

E. "Landlord" means the owner of a housing accommodation or other persons authorized or empowered to rent such housing accommodation to others.

F. "Rental agency" means any individual, partnership, firm, corporation, company, society, association, or other group or organization whether organized for profit or nonprofit, who for compensation from the prospective tenant, collects, offers, and/or distributes information as to housing accommodations, without substantially participating as an intermediary in negotiation of rents, terms, conditions, or other provisions of individual leases or rental agreements or entering into rental agreements on behalf of or representing the prospective tenant.

Section 222. Section 6.270.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.270.030 Definitions.

For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:

A. "Adult entertainment" means any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who:

1. Is unclothed or in such attire, costume or clothing as to expose to view any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals; or

2. Touches, caresses or fondles the breasts, buttocks, anus, genitals or pubic region of another person, or permits the touching, caressing or fondling of his/her own breasts, buttocks, anus, genitals or pubic region by another person, with the intent to sexually arouse or excite another person.

B. "Adult entertainment premises" means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides adult entertainment to a member of the public, a patron, or a member; but does not include that portion of an establishment licensed or required to be licensed as a "panoram" or "peepshow" under the provisions of (( Seattle Municipal Code )) Chapter 6.42.

C. "Department" means the Department of Finance and Administrative Services (( Executive Administration )) of The City of Seattle.

D. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) of The City of Seattle and shall include his or her authorized representatives.

E. "Employee" means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to, the operation of an adult entertainment premises.

F. "Entertainer" means any person who provides adult entertainment within an adult entertainment premises as defined in this section, whether or not a fee is charged or accepted for entertainment.

G. "Entertainment" means any exhibition or dance of any type, pantomime, modeling or any other performance.

H. "Manager" means any person who manages, directs, administers, or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment premises.

I. "Natural person" means any individual.

J. "Operator" means any person operating, conducting or maintaining an adult entertainment business.

K. "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

L. "Public place" means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.

M. "Reckless" or "recklessly" means a person knows of and disregards a substantial risk that a wrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation.

Section 223. Section 6.270.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.270.040 Adult entertainment premises license.

A. It is unlawful for any person to operate or maintain an adult entertainment premises in The City of Seattle unless the owner, operator or lessee thereof has obtained from the Director of Finance and Administrative Services (( Executive Administration )) a license to do so, to be designated an "adult entertainment premises license."

B. It is unlawful for any entertainer, employee or manager to knowingly work in or about, or to knowingly perform any service or entertainment directly related to the operation of, an unlicensed adult entertainment premises.

Section 224. Section 6.270.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.270.050 License for managers and entertainers.

Commencing December 5, 1988, it shall be unlawful for any person to work as an entertainer or manager at an adult entertainment premises without having first obtained from the Director of Finance and Administrative Services (( Executive Administration )) a license to do so, to be designated as an "adult entertainer's license," or an "adult entertainment manager's license," respectively.

Section 225. Section 6.270.070 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

6.270.070 License applications.

A. Adult Entertainment Premises License. All applications for an adult entertainment premises license shall be submitted in the name of the person proposing to conduct such adult entertainment on the premises and shall be signed by such person and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the Director of Finance and Administrative Services (( Executive Administration )), and shall require the following information:

1. The name, residence address, home telephone number, date and place of birth, and social security number of the applicant;

2. The business name, address and telephone number of the establishment;

3. The names, residence addresses, residence telephone numbers, social security numbers and dates of births of any partners, corporate officers and directors;

4. Such information as the Director, by rule, may require concerning the identity of corporate shareholders;

5. Addresses of the applicant for the five (( (5) ))years immediately prior to the date of application;

6. A description of the adult entertainment or similar business history of the applicant; whether such person or entity, in previously operating in this or another city, county or state, has had a business license revoked or suspended, the reason therefor, and the activity or occupation subjected to such action, suspension or revocation;

7. A description of the business, occupation, or employment of the applicant for the three (( (3) ))years immediately preceding the date of application;

8. Such license shall include the name of at least one (( (1) ))natural person whose name and mailing address, which shall be an address located within the State of Washington, shall appear on the adult entertainment premises license and who shall receive notices from the Department.

9. A failure to provide information required by this subsection will constitute an incomplete application and will not be processed.

B. Manager's or Entertainer's License. All applications for an adult entertainment manager's license or adult entertainer's license shall be signed by the applicant and notarized or certified as true under penalty of perjury. All applications shall be submitted on a form supplied by the Director, and shall require the following information:

1. The applicant's name, home address, home telephone number, date and place of birth, social security number, and any stage names or nicknames used in entertaining;

2. The name and address of each business at which the applicant intends to work as a manager or entertainer;

3. The applicant shall present documentation that he or she has attained the age of (( eighteen ( ))18(( ) )) years. Any of the following shall be accepted as documentation of age:

a. A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth,

b. A state-issued identification card bearing the applicant's photograph and date of birth,

c. An official passport issued by the United States of America,

d. An immigration card issued by the United States of America,

e. Any other picture identification bearing the applicant's photograph and date of birth issued by a governmental agency, or

f. Such other form of identification as the Director deems, by rule, to be acceptable;

4. Failure to provide information required by this subsection will constitute an incomplete application and will not be processed.

Section 226. Section 6.295.040 of the Seattle Municipal Code, last amended by Ordinance 120889 is amended as follows:

6.295.040 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. "All-ages dance" means any public dance at (1) which persons under age (( eighteen ( ))18(( ) )) years are allowed or permitted to attend or (2) at which each patron is not required to show valid picture identification, showing that patron's date of birth, as a condition of entry.

B. "All-ages dance venue" means any place or premises where an all-ages dance is conducted or operated, including but not limited to all hallways, bathrooms and other adjoining areas or the premises accessible to the public during the dance.

C. A "concert" is any event at which live music is played or sung, and at which the primary purpose of the person conducting or operating the event is for patrons to view a musical performance.

D. A "dance" is any event at which the primary purpose of the person conducting or operating the event is for patrons to dance as that term is commonly defined. However, a "dance" shall not be defined to include an event that is a "concert" as that term is defined by this chapter.

E. "Department" means the Department of Finance and Administrative Services (( Executive Administration )) of The City of Seattle.

F. "Director" means the Director of (( the Department of )) Finance and Administrative Services (( Executive Administration )) of The City of Seattle, or his or her designated representative.

G. "Knowingly" shall have the definition set forth in Seattle Municipal Code Section 12A.04.030 . B.

H. "On-site manager" is the person present at an all-ages dance or all-ages dance venue who is responsible for the direct operation and oversight of the dance or venue and supervision of other employees or workers.

I. "Person" includes any natural person and, in addition, a company, corporation, partnership, governmental entity nonprofit group or unincorporated association.

J. "Public dance" means any dance that is readily accessible to the public.

Section 227. Section 6.310.110 of the Seattle Municipal Code, last amended by Ordinance 122763 is amended as follows:

6.310.110 Definitions.

For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions apply:

A. "Affected licensee" means any licensee that may incur some penalty as a result of a violation. For example, if a for-hire driver of a taxicab commits a violation, the for-hire driver, the taxicab owner, and the taxicab association with which that taxicab is associated are all affected licensees.

B. "Affiliated taxicab" means a taxicab licensed to operate within a particular taxicab association.

C. "Approved mechanic" means a mechanic on a list maintained by the Director. The list shall contain the name of each mechanic that has applied to the Director for inclusion and who (1) has met all requirements of the National Institute for Automotive Service Excellence, (2) has been awarded a Certificate in Evidence of Competence satisfactory to the Director, (3) does not own, lease or drive a taxicab or forhire vehicle, and (4) has no financial interest, including any employment interest, in any taxicab association, taxicab or for-hire vehicle or in any company that owns or leases taxicabs or for-hire vehicles.

D. "Certificate of Safety" means a document from an approved mechanic certifying that a particular vehicle meets all vehicle safety standards set forth in this chapter and in regulations adopted pursuant to this chapter.

E. "Committed a violation" means that a licensee has been issued a Notice of Violation and either has not contested the violation or did contest the violation but lost.

F. "Community Development Financial Institution" means a non-profit loan fund certified by the Community Development Financial Institution Fund of the U.S. Department of the Treasury, that serves economically distressed communities and underserved populations by providing credit, capital and financial services that are normally unavailable from traditional financial institutions.

G. "Contract rate" means the rate specified in a written contract signed by both parties before the dispatch of a taxicab or for-hire vehicle for the services identified in the contract. Contracts for package delivery may be made on an oral basis.

H. "Department" means the Department of Finance and Administrative Services (( Executive Administration )) of The City of Seattle, or any department that succeeds to the Department's duties under this chapter.

I. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) or the director of any successor department and the Director's authorized designee.

J. "For-hire driver" means any person in physical control of a taxicab or for-hire vehicle, who is required to be licensed under this chapter. The term includes a lease driver, owner/operator, or employee who drives taxicabs or for-hire vehicles.

K. "For-hire vehicle" means any motor vehicle used for the transportation of passengers for compensation, except:

1. Taxicabs as defined in this chapter;

2. School buses operating exclusively under a contract to a school district;

3. Ride-sharing vehicles under Chapter 46.74 RCW;

4. Limousine carriers licensed under Chapter 81.90 RCW;

5. Vehicles used by nonprofit transportation providers solely for elderly or handicapped persons and their attendants under Chapter 81.66 RCW;

6. Vehicles used by auto transportation companies licensed under Chapter 81.68 RCW;

7. Vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices; and

8. Vehicles licensed under, and used to provide "charter party carrier" and "excursion service carrier" services as defined in, and required by, Chapter 81.70 RCW.

L. "Handicapped person" means any person who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable without special facilities or special planning or design to use mass transportation facilities and services as efficiently as persons who are not so affected. Handicapped persons include ambulatory persons whose capacities are hindered by sensory disabilities such as blindness or deafness, such mental disabilities as mental retardation or emotional illness, and physical disabilities that still permit the person to walk comfortably, or a combination of these disabilities. It also includes a semiambulatory person who requires such special aids to travel as canes, crutches, walkers, respirators, or human assistance, and a nonambulatory person who must use wheelchairs or wheelchair-like equipment to travel.

M. "Knowingly permit" means (1) to know of an action or condition that violates this chapter or any regulation promulgated pursuant to this chapter, and (2) to fail to take reasonable steps to cure the violation and to prevent future violations. There is a rebuttable presumption that a person knows a fact, action or condition of which a reasonable person in the same position would have knowledge.

N. "Lease driver" means a for-hire driver who is an independent contractor/sole proprietor who has leased a taxicab or for-hire vehicle from a taxicab or for-hire vehicle licensee or taxicab association.

O. "Lender" means a bank, trust company, mutual savings bank, savings and loan association, or credit union authorized to do business and accept deposits in this state under state or federal law and includes a Community Development Financial Institution qualified and approved by the Director to provide loans to licensees under (( SMC ))Section 6.310.380.

P. "Lessor" means a licensee of a taxicab or for-hire vehicle who leases to a lease driver.

Q. "Licensee" means any person or entity licensed under this chapter, including for-hire drivers, taxicab or for-hire vehicle owners, and taxicab associations.

R. "Motor vehicle" means every motorized vehicle by or upon which any person may be transported or carried upon a public street, highway or alley; provided, that vehicles used exclusively upon stationary rail tracks or propelled by use of overhead electric wires are not considered motor vehicles for purposes of this chapter.

S. "Operating in The City of Seattle" means owning, leasing, advertising, driving, occupying and/or otherwise using a taxicab or for-hire vehicle that at any time transports any passenger or item for compensation from a point within the geographical confines of The City of Seattle. The vehicle is considered to be operating during the administering of inspections at the City's inspection facility. The term does not include being in control of a vehicle that is physically inoperable. A taxicab association is "operating in The City of Seattle" if it represents or includes any taxicab that at any time transports any passenger or item for compensation from a point within the geographical confines of The City of Seattle.

T. "Owner" means the person whose lawful right of possession of a taxicab or for-hire vehicle has most recently been recorded with the state Department of Motor Vehicles.

U. "Senior Citizen" means any person over the age of (( sixty ( ))60(( ) )) with a valid identification confirming that person's age.

V. "Special rate" means discounted rates for senior citizens and handicapped persons.

W. "Taxicab" means every motor vehicle:

1. That is held out to the public as providing transportation to passengers or articles for hire;

2. Where the route traveled or destination is controlled by the customer;

3. That carries signs or indicia of a taxicab, including the words "taxi," "taxicab," or "cab"; and

4. Where the fare is based on an amount recorded and indicated on a taximeter, or by a special contract rate permitted under this chapter. Despite the foregoing, "taxicab" does not include those vehicles listed in (( SMC ))Section 6.310.110 J2-J8 or for-hire vehicles.

X. "Taxicab association" means a person or organization licensed under this chapter that represents or owns at least (( fifteen ( ))15(( ) )) taxicabs licensed by the City that use the same color scheme, trade name, and dispatch services. An individual person may be a taxicab association as long as that individual owns or represents at least (( fifteen ( ))15(( ) )) taxicabs and otherwise meets the requirements of this chapter; provided, that for taxicab associations formed in connection with the wheelchair accessible taxicab demonstration project provided for under this chapter, the Director may waive the requirement for such taxicab associations to have (( fifteen ( ))15(( ) )) licensed taxicabs and any taxicab association license fee for the duration of the demonstration project.

Y. "Taxicab association representative" means the person or persons that a taxicab association has authorized to:

1. File applications, special contract rates and charges on behalf of the taxicab association and individual owners in the taxicab association; and

2. Receive and accept all correspondence and notices from the City pertaining to the taxicab association, or to the taxicabs, taxicab owners and/or for-hire drivers operating within the taxicab association; and

3. Forward any correspondence, notices and/or legal process received by the association and intended for a taxicab owner and/or taxicab driver operating within the taxicab association.

Z. "Taximeter" means any instrument or device by which the charge for hire of a passenger carrying vehicle is measured or calculated either for the distance traveled by such vehicle or for waiting time, or for both, and upon which such calculated charges shall be indicated by means of figures.

AA. "Wheelchair accessible taxicab" means a taxicab designed or modified to transport passengers in wheelchairs or other mobility devices and conforming to the requirements of the Americans with Disabilities Act (ADA), and inspected and approved by the Director.

Section 228. Section 6.315.020 of the Seattle Municipal Code, last amended by Ordinance 120794 is amended as follows:

6.315.020 Definitions.

For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions apply:

A. "City" means The City of Seattle.

B. "Conviction" or "convicted" means a final judgment of guilty in any court; the imposition of a fine; a plea of guilty or nolo contendere in any court; or a finding or verdict of guilty, regardless whether imposition of a sentence is deferred or the penalty is suspended. Any conviction which has been expunged pursuant to the Revised Code of Washington (RCW) 9.92.066, as now or hereafter amended, or RCW 9.95.240, as now or hereafter amended, is not considered a conviction.

C. "Department" means the Department of Finance and Administrative Services (( Executive Administration )) of The City of Seattle, or any department that succeeds to the Department of Finance and Administrative Services' (( Executive Administration's )) duties under this chapter.

D. "Director" means the (( d )) D irector of (( the Department of )) Finance and Administrative Services (( Executive Administration )) or any successor department or the (( d )) D irector's authorized designee.

E. "Equine diaper" means a bag or receptacle used to contain fecal droppings and placed in the area of the rear of the horse in such a manner that it will contain all fecal droppings deposited from the horse.

F. "For-hire" means, for the purposes of this chapter, the operation or use of a horse-drawn carriage for compensation.

G. "Horse" or "carriage horse" means an animal of the genus/species equus caballus and equus asinus, which includes horses, mules and donkeys.

H. "Horse-drawn carriage" or "carriage" means a vehicle intended to be drawn by a horse and in which any person may be transported or carried.

I. "Horse-drawn carriage driver" or "driver" means a person operating or driving a horse-drawn carriage for hire.

J. "Licensee" means a person who has a license issued pursuant to this chapter, whether or not the license is subsequently suspended or revoked.

K. "Operate" means to advertise or hold oneself out for business, drive, use, manage, or occupy a horse-drawn carriage that at any time transports any passenger or property for compensation within the city limits of The City of Seattle.

L. "Person" means a natural person, partnership, corporation or other legal entity.

M. "Vehicle" for the purposes of this chapter, means a device with at least two wheels, designed and intended to be drawn by a horse, and in or by which any person or property may be transported.

N. "Veterinarian" means a practicing veterinarian licensed by The State of Washington.

Section 229. Section 7.04.130 of the Seattle Municipal Code, last amended by Ordinance 122845, is amended as follows:

7.04.130 Director of Finance and Administrative Services (( Executive Administration )) designated as City Sealer.

There shall be a City Sealer of Weights and Measures, referred to in this Code as the City Sealer. The Director of Finance and Administrative Services (( Executive Administration )) ("Director") shall be the City Sealer. There shall be such other necessary Deputy Sealers and technical and clerical personnel, as the City Council may from time to time authorize who shall be appointed by the Director (( of Executive Administration )) subject to Civil Service laws and regulations.

Section 230. Section 7.04.570 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

7.04.570 Weighmaster license -Application, issuance and fee.

Any person, firm or corporation possessing a scale that complies with the specifications, tolerances, and other technical requirements for weighing devices, together with amendments thereto, as recommended by the National Bureau of Standards and published in National Bureau of Standards Handbook 44, may make application to the City Sealer (( (Director of Executive Administration) )) to be appointed a Licensed City Weighmaster. If the scale is approved by the City Sealer, he or she may in his or her discretion so appoint the applicant and shall issue a City Weighmaster license in accordance with such appointment. The annual fee for such license shall be (( Forty Dollars ( ))$40(( 00) )) which shall accompany the application, and all such licenses shall expire at midnight April 30th of each year, but may be renewed from year to year by the City Sealer upon payment of the annual fee. If the original application for a City Weighmaster's license and/or a City Weigher's license is made within six (( (6) ))months of the date fixed for expiration of the annual license, the fee shall be (( one-half ( ))1/2 ) )) the annual fee.

Section 231. Section 7.04.645 of the Seattle Municipal Code, last amended by Ordinance 122845, is amended as follows:

7.04.645 Registration -Fees.

A. Except as provided in subsection F of this section, no weighing or measuring instrument or device, or electronic price scanning system, may be used for commercial purposes in the city unless its commercial use is registered annually with (( The City of Seattle )) Department of Finance and Administrative Services (( Executive Administration )).

B. The annual registration with (( The City of Seattle )) Department of Finance and Administrative Services (( Executive Administration )) for weighing or measuring instruments or devices is accomplished as part of the State of Washington master license system under RCW Chapter 19.02. Payment of an annual registration fee for a weighing or measuring instrument or device under the State of Washington master license system constitutes the registration required by this section. The annual registration with (( The City of Seattl e)) Department of Finance and Administrative Services (( Executive Administration )) for electronic price scanning systems is accomplished as part of (( The City of Seattle )) the annual business license requirement under (( Seattle Municipal Code )) Section 5.55.030. Payment of the registration fee with the annual business license application or renewal constitutes the registration required by this section.

C. The following annual City registration fees must be paid for each weighing or measuring instrument or device used for commercial purposes in The City of Seattle:

1. Weighing devices:

a. Small scales "zero to (( four hundred ( ))400(( ) )) pounds capacity"....$10(( .00))

b. Intermediate scales "(( four hundred one ( ))401(( ) )) pounds to (( five thousand( )5,000(( ) )) pounds capacity"....$40(( .00 ))

c. Large scales "over (( five thousand ( ))5,000(( ) )) pounds capacity"....$75(( .00 ))

d. Railroad track scales....$800(( .00 ))

2. Liquid fuel metering devices:

a. Motor fuel meters with flows of (( twenty ( ))20(( ) )) gallons or less per minute....$10(( .00 ))

b. Motor fuel meters with flows of more than (( twenty ( ))20(( ) )) but not more than (( one hundred fifty ( ))150(( ) )) gallons per minute....$32(( .00 ))

c. Motor fuel meters with flows over (( one hundred fifty ( ))150(( ) )) gallons per minute....$50(( .00 ))

3. Liquid petroleum gas meters:

a. With (( one ( ))1 -(( ) ))inch diameter or smaller dispensers....$25(( .00 ))

b. With greater than (( one ( ))1 -(( ) ))inch diameter dispensers....$50(( .00 ))

4. Fabric meters....$10(( .00 ))

5. Cordage meters....$10(( .00 ))

6. Mass flow meters....$200(( .00 ))

7. Taxi meters....$25(( .00 ))

D. The following annual City registration fees must be paid for each electronic price scanning system used for commercial purposes in The City of Seattle:

1. Electronic price scanning systems with three (( (3) ))or fewer electronic pricing devices....$150(( .00 ))

2. Electronic price scanning systems with more than three (( (3) ))electronic price scanning devices....$300(( .00 ))

E. The fees established in subsection C for registering a weighing or measuring instrument or device shall be paid to the State of Washington Department of Licensing concurrently with a master application or with the annual renewal of a master license under RCW Chapter 19.02. The fees established for electronic pricing systems in subsection D shall be paid with The City of Seattle annual business license application or renewal.

F. A weighing or measuring instrument or device, or electronic price scanning system, shall be initially registered with (( The City of Seattle )) Department of Finance and Administrative Services (( Executive Administration )) as follows: A weighing or measuring device is initially registered through The State of Washington Department of Licensing at the time the owner applies for a master license for a new business or at the first renewal of the license that occurs after the instrument or device is first placed into commercial use. An electronic price scanning system is initially registered through (( The City of Seattle )) Department of Finance and Administrative Services (( Executive Administration )) when the owner applies for an initial business license or the first renewal of the business license after the instrument or device is first placed into commercial use.

G. The State of Washington Department of Licensing shall remit to The City of Seattle, through The State of Washington Department of Agriculture, all fees collected under this section less reasonable collection expenses.

H. With the exception of Section 7.04.650, no person shall be required to pay more than the fee adopted under this section for any weighing or measuring instrument or device, or electronic price scanning system, in one (( (1) ))year.

I. A person who owns a weighing or measuring instrument or device, or electronic price scanning system, and uses or permits its use for commercial purposes without registration as provided in subsection A is subject to a civil penalty of (( Fifty Dollars ( ))$50(( ) )) per occurrence for each instrument or device, or system, used or permitted to be used.

Section 232. Section 7.04.650 of the Seattle Municipal Code as last amended by Ordinance 120181 is amended as follows:

7.04.650 Request for service.

A. "Special inspection service," as used in this Code, shall denote all inspection service made on the owner's request. Special inspection service fees are additional to the fees required under the annual registration. Special inspection service fees are to be paid directly to The City of Seattle Department of Finance and Administrative Services (( Finance )).

B. The fees for special inspection service shall be as follows: $30(( .00 )) PER HOUR OF INSPECTOR TIME WITH A ONE (( (1) ))HOUR MINIMUM.

All inspections will result in an invoice to the owner for each hour of inspection per inspector. The invoice shall reflect time spent per inspector, to include preparation and travel time to the site with any time spent past an hour billed to the next quarter hour. EXAMPLE: If two (( (2) )) inspectors took one (( (1) ))hour and (( twenty ( ))20(( ) )) minutes to complete an inspection, the invoice would total (( Ninety Dollars ( $90 ) )) (two (( (2) ))inspectors at (( ( ))1.5 hours each ).

Section 233. Section 7.08.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

7.08.010 Purpose of chapter -Enforcement.

This entire chapter shall be deemed an exercise of the police power of the state and of the City for the protection of the public economic and social welfare, health, peace and morals, and all its provisions shall be liberally construed for the accomplishment of that purpose. It shall be the duty of the Director of Finance and Administrative Services (( Executive Administration )) concurrently with the Chief of Police to enforce this chapter.

Section 234. Section 7.20.080 of the Seattle Municipal Code, last amended by Ordinance 121468, is amended as follows:

7.20.080 Moorage fee increases -Hearing.

A. A moorage owner seeking a moorage fee increase shall give the floating home owners affected thereby a written notice, at least (( thirty ( )) 30(( ) )) days before the increase will go into effect, stating the amount of the increase, financial computations demonstrating the need for the increase, and the effective date of the increase. If the proposed moorage fee increase is to be based, in whole or in part, on a cost basis established by a sale, lease or other transaction concerning the moorage property or facilities, then the notice shall include identification of the parties to the transaction, all material terms of the transaction and an explanation as to whether and how the transaction resulted in a genuine change in control of the property or facilities so as to justify the use of a new cost basis.

B. If at least (( one-half ( ))1/2(( ) )) of the floating home moorage site lessees in a floating home moorage, excluding the moorage owner and those who have an ownership interest in the moorage, who are subject to a moorage fee increase in the same percentage amount (plus or minus (( one percentage point ( )) one percent (( %) )) believe that the demanded fee increase is unreasonable, they may collectively file a petition for review with the Hearing Examiner. The petition shall be in the form of a sworn statement which shall: (1) be signed by each petitioning moorage site lessee; (2) list separately the name and floating home address of each such moorage site lessee; and (3) include a statement of the intention of each moorage site lessee to contest the proposed moorage fee increase. In determining whether at least half of those affected have petitioned only one signature per moorage site will be counted. The petition shall be filed within (( fifteen ( ))15(( ) )) days of receipt of written notification of the moorage fee increase. The person or persons filing a petition for review shall pay a filing fee of (( Twenty five Dollars ( )) $25(( .00) )) per petitioner, with a maximum fee of (( Seventyfive Dollars ( )) $75(( .00) )), to the (( City )) Director of Finance and Administrative Services (( Executive Administration )), which fee shall be refunded if no hearing is required. The Hearing Examiner may consolidate the petitions contesting moorage fee increases at the same moorage.

C. The Hearing Examiner's review shall to the extent possible be based upon written memoranda, sworn statements, and affidavits submitted by the parties. The moorage owner shall, as soon after the filing of the petition as practicable, file with the Hearing Examiner and serve upon the petitioning floating home moorage site lessees or their representative, a memorandum and any necessary affidavits or sworn statements in support of the proposed increase. The floating home moorage site lessees shall submit a responsive memorandum and affidavits within (( fifteen ( ))15(( ) )) days of receipt of the moorage owners' submission. The Hearing Examiner shall review the memoranda, affidavits, and sworn statements and advise the parties in writing of: (1) the legal and factual issues to be resolved; (2) the time and place for the hearing; and (3) the length of time that each party will have to present his or her case. In connection with such review the Hearing Examiner may require any party to the proceedings to provide any information needed to determine whether the demanded moorage fee increase is reasonable. Either party's failure to provide information requested by the Hearing Examiner may, at the Hearing Examiner's discretion, result in a finding or findings against the party refusing to provide the information as regards facts that could be proved or disproved by the requested information.

D. 1. The Hearing Examiner shall find whether that portion of the proposed moorage fee increase which is in excess of that permitted in Section 7.20.090, or an increase in a lesser amount, or no increase in excess of that permitted in Section 7.20.090, is necessary to assure a fair and reasonable return to the moorage owner and shall order such increase as is found necessary to assure a fair and reasonable return. In making the determination, the Hearing Examiner, in addition to any other factors deemed relevant, shall consider the following factors: (a) the purchase or lease price of the moorage and the terms of any transaction relied upon to establish the cost basis for the moorage; (b) increases or decreases since the last moorage fee increase in the expenses of operation and maintenance of the floating home moorage; provided, that such expenses are for services, repairs, property maintenance, or any other expenses which are reasonable and necessary for the continued operation of a floating home moorage; (c) the reasonable costs of capital improvements since the last moorage fee increase to the floating home moorage property which benefit the floating home owners occupying moorage sites at the floating home moorage; (d) increases or decreases since the last moorage fee increase in necessary or desirable services furnished by the floating home moorage owner or operator, where such increased or decreased services affect the person or persons initiating the fact-finding proceedings; (e) substantial deterioration since the last moorage fee increase in the facilities provided for the occupants of moorage sites at such floating home moorage due to failure of the moorage owner or operator to perform ordinary repairs, replacement and maintenance of the floating home moorage property and improvements; (f) comparability with moorage fees charges for other floating home moorage sites in the City; and (g) a reasonable return on leased land.

2. Whenever the sale or lease price of a moorage or the terms of any transaction concerning the moorage are cited as a factor in demonstrating that a rent increase or any part thereof is necessary to assure a fair and reasonable return to the owner, the Examiner will allow sufficient time for discovery as appropriate under applicable Hearing Examiner Rules. The Hearing Examiner may rely on this factor as supporting a rent increase or any part thereof only if the moorage owner demonstrates at hearing that the sale or other transaction relied upon resulted in a genuine change in control of the moorage sufficient to justify a new cost basis for the moorage.

E. No contested moorage fee increase shall take effect until approved by the Hearing Examiner's written decision; provided that the moorage owner or operator may recover retroactively from the date of the notice of the increase, with interest at the prevailing rate for United States Treasury bills on the date of the decision, such increases as are found reasonable by the Hearing Examiner. It shall be unlawful for a moorage owner or operator to demand, charge, or collect any moorage fee in excess of the amount approved by the Hearing Examiner for a period of one (( (1) ))year from the effective date of any permitted fee increase, unless the moorage owner can show either that extraordinary damage to the moorage occurring after the decision has necessitated cost increases which make it impossible to realize a reasonable return without a fee increase, or that the floating home owner has rented the floating home to another at a profit; provided, that moorage owners may increase fees in the amount of any increases in state lease or City license fees whenever such increases are incurred, and may increase fees for the purpose of recovering the costs of capital improvements authorized by Section 7.20.090, whenever such improvements are required. Any fee increase necessitated by extraordinary damage shall be subject to Hearing Examiner review whenever such review is requested by at least (( one-half ( ))1/2(( ) )) of the floating home moorage site lessees affected, any other provision in this chapter to the contrary notwithstanding.

Section 235. Section 7.25.040 of the Seattle Municipal Code, last amended by Ordinance 122213, is amended as follows:

7.25.040 Billing requirements -Submeter testing fee.

A. Notwithstanding the prohibition against submetering electric service in Section 21.49.100 . (( ( ))G(( ) )), a landlord may, itself or through a third party billing agent, bill tenants for master metered or other unmetered utility services, including electric service provided to tenants of multi-unit buildings, provided that the following requirements are met:

1. Notice. Billing practices may be adopted only upon advance written notice to a tenant as part of a new or renewed rental agreement. Tenants must receive such written notice at least 90 days before expiration of their rental agreements, or, in the case of month-to-month tenancies, at least 90 days before any such billing practices may become effective. Notwithstanding the foregoing two sentences, if billing practices are already in place at the time the ordinance codified in this chapter becomes effective, written notice must be given within 30 days of the effective date of the ordinance codified in this chapter.

2. Methodology. The notice required under section A.1 above must include a copy of this chapter and a detailed written disclosure of the methodology used by the billing agent to allocate the charges to each tenant, including the methodology used to allocate utility services for common areas of the building, along with all other terms and conditions of the billing arrangement. If submetering is used, the notice required under section A.1 shall also include descriptions of the location of the submeter and of the access requirements, if any, required by the landlord for access to tenant units for submeter installation, reading, repair, maintenance, or inspections, including removal of the submeter for testing, consistent with the provisions of RCW 59.18.150 of the RLTA. An additional written notice must also be given at least 30 days prior to the due date of the next rental payment in order to implement a change in billing agents, apportionment methodology, fees, or other terms and conditions of the billing arrangement.

3. Posting of Information.

a. In addition to the written notification required by subsection A.2. above, any landlord employing billing practices shall post in a conspicuous public space in the interior of the building copies of the three most current utility bills for master metered or other unmetered utility services provided to the building as a whole that are included in the bill sent to the tenant, together with a written description of the methodology used to allocate each such utility service and a copy of this chapter.

b. Where such posting is physically impracticable due to the absence of a suitable conspicuous public space, a landlord may satisfy this posting requirement by hand-delivering or mailing to tenants a paper copy of the written notification required by subsection A.2, together with a written description of the methodology used to allocate each such utility service and a copy of this chapter. In lieu of posting the three most current utility bills for master metered or other unmetered utility services provided to the building as a whole that are included in the bill sent to the tenant, the landlord must make such utility bills available upon request within (( 5 )) five business days and must inform tenants in the written notification required by subsection A.2 of the method by which they may request such utility bills.

c. Landlords shall keep bills for master metered or other unmetered utility services on file in the building for at least two years and shall make such bills available to tenants for inspection and copying upon request. Where it is physically impracticable to keep such bills on file due to the absence of a suitable office or other storage space, a landlord may store the bills in another location and must make such bills available within 5 business days of receiving a request from a tenant.

4. Limitations on Charges. The total of all charges for any utility service included in the bills sent to all units cumulatively shall not exceed the amount of the bill sent by the utility itself for the building as a whole, less any late charges, interest or other penalties owed by the landlord, with the exception of the following, which may be included in each bill covering an independent unit within the multiunit building:

a. A service charge of no more than $2 per utility per month, not to exceed a cumulative service charge of $5 per month for all the utilities included in any bill.

b. Late payment charges of no more than $5 per month plus interest at a rate not to exceed (( 1% )) one percent per month, which late payment charge shall not accrue until at least 30 days after the tenant receives the bill.

c. Insufficient funds check charges for dishonored checks, not to exceed $31 per dishonored check.

5. Licensing of Third Party Billing Agents. Any third party billing agent must be properly registered and licensed to do business in the State of Washington and City of Seattle and must be in compliance with all applicable Washington state and Seattle laws and regulations, and all applicable Washington and Seattle license identification numbers, if any, must be disclosed upon request.

6. Content of Bills. Each billing statement sent to a tenant by a billing entity must disclose all required information in a clear and conspicuous manner and at minimum must:

a. Include the name, business address & telephone number of the billing entity;

b. Identify and show the basis for each separate charge, including service charges and late charges, if any, as a line item, and show the total amount of the bill;

c. If the building units are submetered, include the current and previous meter readings, the current read date, and the amount consumed (or estimated to have been consumed if Seattle Public Utilities or Seattle City Light has provided the landlord with an estimated bill);

d. Specify the due date, the date upon which the bill becomes overdue, the amount of any late charges or penalties that may apply, and the date upon which such late charges or penalties may be imposed;

e. Identify any past due dollar amounts;

f. Identify a mailing address and telephone number for billing inquiries and disputes, identify the entity responsible for resolving billing inquiries and disputes and its business hours and days of availability, and describe the process used to resolve disputes related to bills as set forth in this chapter; and

g. Include a statement to the effect that "this bill is from [landlord name] and not from Seattle Public Utilities or Seattle City Light."

7. Protection of Personally Identifiable Information.

a. A third party billing agent who prior to the effective date of this ordinance has obtained a tenant's personally identifiable information shall take such actions as are necessary to protect such personally identifiable information and to prevent its use or disclosure except as expressly permitted in this chapter.

b. A third party billing agent who prior to the effective date of this ordinance has obtained a tenant's personally identifiable information may disclose such personally identifiable information only to the extent necessary to render its billing services.

c. To the extent required by federal, state, or local law, a billing entity may disclose personally identifiable information in its possession (i) pursuant to a subpoena or valid court order authorizing such disclosure, or (ii) to a governmental entity.

8. Estimated Billing. If Seattle Public Utilities or Seattle City Light has billed the landlord using an estimate of utility service consumed, the billing agent may estimate the charges to be billed to tenants until billing based on actual consumption resumes. Upon receipt of a corrected bill showing that the estimated bill overstated charges, the landlord must refund the difference to tenants. Upon receipt of a corrected bill showing that the estimated bill understated charges, the landlord may attempt to recover the underpayment from the tenants that actually incurred the charges during the billing period, but shall not attempt to recover an underpayment from a tenant who did not reside in the unit during the billing period in which the charges were incurred.

9. Submetering. Submetering is permitted as a way of allocating master metered utility services to tenants provided the following conditions are met:

a. The submeters must be read prior to each billing.

b. A landlord may not enter a unit without, and a tenant may not unreasonably withhold, consent to enter the unit in order to perform submeter installation, reading, repair, maintenance, and inspection, including removal of the submeter for testing, provided, however, that a landlord may enter a unit without a tenant's consent in the case of a submeter leak or emergency related to that unit's submeter.

c. (i) The accuracy tolerance for the maximum flow rate shall be within (( one and one-half ( ))1.5 (( ) )) percent for all submeter types. The accuracy tolerance for the minimum flow rate shall be within (( three ( ))3 (( ) )) percent for Multi-jet submeter types, and within a (( one and one-half ( ))1.5(( ) )) percent over-registration and a (( five ( ))5 (( ) )) percent underregistration for other than Multi-jet submeter types.

(ii) If a tenant contests the accuracy of the submeter, the tenant shall have the option of demanding that the City of Seattle provide an independent test of the meter through the Department of Finance and Administrative Services (( Executive Administration )). If the meter reads within these ranges of accuracy, the tenant requesting the test shall pay the meter test fee. If the meter reads outside these ranges of accuracy, the landlord shall pay the meter test fee and within (( thirty ( ))30(( ) )) days refund any overpayments for the past three (( (3) ))months based on a recalculation of the past year's billings by correcting for the inaccuracy of the submeter. Submetering thereafter shall only be permitted with a repaired submeter.

(iii) The meter test fee for each test of a submeter pursuant to this subsection shall be (( Sixty-five Dollars ( ))$65(( ) )).

B. Nothing in this section shall be construed to prevent a landlord from addressing billing of master metered or other unmetered utility services in a written addendum to a lease. A lease addendum may be used to give the notice required under subsection A.1 of this subsection, so long as the lease addendum is provided to the tenant with the notice required under that subsection, and so long as all other requirements of this chapter are satisfied.

Section 236. Section 7.26.060 of the Seattle Municipal Code, last amended by Ordinance 121594, is amended as follows:

7.26.060 Administration and enforcement.

The Director of (( the Department of )) Finance and Administrative Services (( Executive Administration )) ("Director") shall enforce and administer this chapter, and is hereby authorized to adopt procedures for its implementation. The Director and the Director's duly authorized agents are authorized to enter the premises of any facilitator and inspect all disclosures, postings, and other relevant documents for the purpose of determining compliance with this chapter. The Director and the Director's duly authorized agents are authorized to issue citations for violations of this chapter.

Section 237. Section 9.25.020 of the Seattle Municipal Code, last amended by Ordinance 121178, is amended as follows:

9.25.020 Definitions -A -E.

As used in this chapter, except where a different meaning is plainly apparent from the context, the following definitions apply:

A. "Abandon" means the act of leaving an animal:

1. Without food, water, or care for (( twenty-four ( ))24(( ) )) hours or more; or

2. In a situation where the conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal.

B. "Alter" means to permanently render an animal incapable of reproduction.

C. "Animal" means any living nonhuman mammal, bird, reptile, or amphibian.

D. "Animal Control Officer" means any person who is employed with the Animal Control section of the Department or appointed by the Director for the purpose of aiding in the enforcement of any ordinance, or relating to the licensing control, quarantine, seizure or impoundment of animals.

E. "At large" means a dog or other animal inside The City of Seattle, off the premises of the owner, and not under control by a leash of (( eight ( ))8 (( ) ))feet in length or shorter. "At large" does not include an animal on property other than the animal's owner with the permission of a lawful occupant of that property.

F. "City" means The City of Seattle.

G. "Dangerous animal" means any animal:

(1) That, when unprovoked, inflicts severe injury on or kills a human being or domestic animal on public or private property;

(2) Whose owner has been previously found to have committed a civil violation of 9.25.084 . G or has been convicted of a crime under 12A.06.060 of the Seattle Municipal Code and whose owner is found to have committed a violation of either 9.25.084 . G or 12A.06.060 of the Seattle Municipal Code with respect to the behavior of that same animal;

(3) That, under circumstances other than as described in subsection G(2) above, has been the subject of one or more findings that its owner has committed a civil violation of 9.25.084 . G or has been convicted of a crime under 12A.06.060 of the Seattle Municipal Code, whether involving the same or a different owner, whose owner is found to have committed a violation of either 9.25.084 . G or 12A.06.060 of the Seattle Municipal Code; or

(4) Whose owner has received a written notification alleging behavior that would be in violation of either 9.25.084 . G or 12A.06.060 of the Seattle Municipal Code issued under the laws of any other city, county or state agency within or outside of the State of Washington, which animal again engages in behavior that is in violation of either 9.25.084 . G or 12A.06.060 of the Seattle Municipal Code.

The breed of a dog shall not be considered in any determination whether a dog is a "dangerous animal" under this section.

H. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) of The City of Seattle or his/her authorized representative.

I. "Department" means the Department of Finance and Administrative Services (( Executive Administration )) of The City of Seattle.

J. "Disposed of in a humane manner" means euthanized by a lethal dose of sodium pentobarbital or its equivalent.

K. "Detain" means to place an animal in custody.

L. "Domestic Animal" means an animal that is livestock, a companion animal, or both.

1. "Livestock" means any species of animal commonly used by inhabitants of Washington State for food, fiber, or draft purposes.

2. "Companion animal" means any species of animal commonly kept by inhabitants of Washington State as a pet or for companionship, except that snakes exceeding (( eight ( ))8 (( ) )) feet in length, venomous reptiles (regardless of whether the venom glands have been removed), and venomous amphibians (regardless of whether the venom glands have been removed) are not domestic animals, even if such animals are commonly kept by inhabitants of Washington State pets or for companionship.

M. "Exotic animal" means any species of animal that is both: (1) not a domestic animal, and (2) capable of killing or seriously injuring a human being. Subject to the preceding sentence, the definition of "exotic animal" contained in this section includes but is not limited to:

1. All animals of the order Primates (as primates) except humans;

2. All animals of the family Canidae (as dogs, wolves, jackals, or foxes) and their hybrid, except for the domestic dog Canis familiaris;

3. All animals of the family Felidae (as lions, tigers, jaguars, leopards, cougars, or cheetahs) and their hybrid, except for the domestic cat Felis catus;

4. All animals of the family Ursidae (as bears);

5. All animals of the family Hyaenidae (as hyenas);

6. All animals of the order Crocodylia (as alligators, crocodiles, gavials, or caimans);

7. All animals of the family Elephantidae (as elephants);

8. All animals of the order Perissodactyla (as horses, rhinoceroses, or tapirs);

9. All animals of the order Artiodactyla (as camels, cattle, deer, giraffes, goats, hippopotamuses, llamas, pigs, or sheep);

"Exotic animal" also includes all venomous reptiles and amphibians, (regardless of whether the venom glands have been removed), and all snakes that are (( eight ( ))8 (( ) ))feet or more in length.

Section 238. Section 9.26.060 of the Seattle Municipal Code, last amended by Ordinance 123154, is amended as follows:

9.26.060 Spay and Neuter Clinic fees.

The fees at the Municipal Spay and Neuter Clinic shall be:

A. Surgery fees:

Cats

Spaying....$90

Neutering....$85

Dogs

Dog neuter under 50 pounds....$120

Dog neuter 50 -80 pounds....$135

Dog neuter over 80 pounds....$155

Dog spay under 50 pounds....$130

Dog spay 50 -80 pounds....$145

Dog spay over 80 pounds....$155

Animals other than cats and dogs may be spayed or neutered at the discretion of the Director of Finance and Administrative Services (( Executive Administration )), or his/her designee, who shall charge a fee for the service that is based upon estimated costs, not to exceed (( One Hundred Dollars ( ))$100(( .00) )) per hour of surgery.

B. Vaccination fees:

Cat FvRCP....$10

Dog DHLP....$10

Cat and dog rabies....$10

C. Microchip implant fees:

Animals adopted from the shelter....$20

Nonshelter animals....$30

Section 239. Section 10.02.030 of the Seattle Municipal Code, last amended by Ordinance 122200, is amended as follows:

10.02.030 Authority of Mayor to enter into contracts and incur obligations.

A. Upon the proclamation by the Mayor of a civil emergency resulting from a disaster caused by enemy attack, sabotage, or other hostile action, or by fire, flood, storm, earthquake, or other natural cause, and during the existence of such civil emergency, the Mayor, in carrying out the provisions of RCW Chapter 38.52, shall have the power by order to enter into contracts and incur obligations ("Order") necessary to combat such disaster, protect the health and safety of persons and property, and provide emergency assistance to the victims of such disaster. Such powers shall be exercised in the light of the exigencies of the situation without regard to time-consuming procedures and formalities prescribed by ordinance (excepting mandatory constitutional requirements), including, but not limited to, budget law limitations and requirements of competitive bidding and publication of notices pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes, and the appropriation and expenditures of public funds; provided, that the Mayor shall, wherever practical, advise and consult with the City Council with respect to disaster response activities, and any such Order shall at the earliest practical time be presented to the City Council pursuant to Section B herein for review and appropriate legislation including:

1. Findings by resolution with respect to actions taken;

2. Authorization of payment for services, supplies, equipment loans and commandeered property used during disaster response activities;

3. Approval of gifts, grants or loans accepted by the Mayor during the emergency; and

4. Levy of taxes to meet costs of disaster response and recovery operations.

B. Any such order shall, within (( fortyeight ( ))48(( ) )) hours of issuance of the Order, or as soon as practical, be filed with the City Clerk for presentation to the City Council for ratification and confirmation, modification or rejection, and if rejected any such Order shall be void. If the City Council modifies the Order, such modification shall be effective only if it is agreed to by the ordered or contracting party. If the ordered or contracting party refuses to accept the modification, the Order shall be deemed to be rejected by the City Council. If the City Council rejects the Order, such rejection shall not affect the City's responsibility for any actions taken prior to the rejection of the Order, including the City's responsibility for the actual costs incurred by those who were ordered by or entered into contracts with the City.

C. The (( City )) Director of Finance and Administrative Services (( Executive Administration )) shall be authorized to draw and to pay the necessary warrants for expenditures made pursuant to Order and authorized by the City Council. If the applicable fund is solvent at the time payment is ordered, the Director (( of Executive Administration )) may elect to make payment by check.

Section 240. Section 10.02.060 of the Seattle Municipal Code, last amended by Ordinance 122200, is amended as follows:

10.02.060 Disaster Management Committee.

A. There shall be a Disaster Management Committee consisting of:

1. The department heads or their designees of the following departments and offices, or their successor agencies: City Light, the City Budget Office , the Office of Economic Development, the Department of Finance and Administrative Services (( Executive Administration )), (( Finance)) , the Seattle Fire Department , (( Fleets and Facilities )), the Office of Housing, the Human Services Department , the Department of Information Technology, the Office of Intergovernmental Relations, the Law Department , the Legislative Department , the Department of Parks and Recreation, the Personnel Department , the Seattle Police Department , Seattle Public Library, the Department of Neighborhoods, Seattle Center, the Office of Sustainability and the Environment, Seattle Public Utilities, and the Seattle Department of Transportation; and

2. The D(( d ))irector of Public Health -Seattle and King County or his or her designee; and

3. Representatives of other agencies or organizations, or other persons with expertise in disaster management as shall be appointed by the Mayor.

B. The Mayor shall designate the chair of the Disaster Management Committee.

C. Members of the Committee described in subsection A3 shall serve without compensation, but may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties.

D. The Committee shall meet at least quarterly at the places and times as shall be prescribed by the Mayor, and shall:

1. Advise the Mayor on all matters pertaining to disaster readiness and response capabilities within the City;

2. Periodically review and make recommendations for the revision and/or maintenance of up-to-date disaster response plans for the City consistent with RCW Chapter 38.52 and including:

a. Preparations for and the carrying out of executive emergency powers;

b. The delegation and subdelegation of administrative authority by the Mayor;

c. The performance of emergency functions including firefighting, police, medical and health, welfare, rescue, engineering, transportation, communications and warning services, evacuation of persons from stricken areas, plant protection, restoration of utility services, and other functions relating to civilian protection together with all activities necessary or incidental to the preparation for and carrying out of such functions;

d. Requirements for department operation including management succession, procedures for providing (( twenty-four ( ))24(( ) )) hour capability, mobilization procedures, special disaster response procedures, plans for records protection, personnel procedures, finance plans, and training procedures for disaster response.

3. Provide cooperation and coordination with the disaster response plans of other local organizations and agencies;

4. Prepare and recommend to the Mayor plans for mutual aid operations with the state and political subdivisions thereof;

5. Recommend expenditures for disaster preparations and training.

Section 241. Section 10.02.070 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

10.02.070 Emergency purchases of supplies.

Upon the proclamation of a civil emergency by the Mayor, and during the existence thereof, emergency purchases of supplies, materials and equipment are authorized to be made in accordance with the following procedure:

A. Preprinted emergency purchasing forms shall be provided by the Director of Finance and Administrative Services (( Executive Administration )) for use for all emergency purchases or contracting for supplies, materials or labor during the existence of such emergency, which forms shall provide for the filling in of appropriate information prescribed by the Director (( of Executive Administration )) including: date and time of purchase; name and address of supplier; quantity, unit, description, unit price and total price of item; name and appropriate identification number from the City employee identification card of the person making the purchase; date required and date delivered; description of use of item, including disaster work order number, description of disaster work and location of use; and name and appropriate identification number from the City employee identification card of the person receiving the item.

B. An employee identification card shall be used in all cases to verify that the purchaser is an employee of the City.

C. A log of all purchases made during any emergency shall be maintained by each department and by the Director of Finance and Administrative Services (( Executive Administration )).

D. The heads of departments using emergency purchase forms shall account for all costs incurred in making such purchases.

E. Upon termination of the emergency, the heads of departments shall review all emergency purchase orders issued by their respective departments, and shall verify and authenticate such orders, and submit a summary thereof through the Director of Finance and Administrative Services (( Executive Administration )) to the City Council for authorization of payment.

Section 242. Section 10.02.080 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

10.02.080 City Budget Director to be informed of certain (( review )) purchases and review mutual aid agreements.

The City Budget Director, in cooperation with City departments making purchases or expenditures during the existence of an emergency, shall be informed (( review )) of all such purchases or expenditures for potential reimbursement under appropriate state or federal disaster assistance programs or other available state or federal grant funds. The City Budget Director shall also review all mutual aid agreements and services received thereunder by the City during any such civil emergency and shall certify to the (( City ))Director of Finance and Administrative Services (( Executive Administration )) the services received and any payment due therefor.

Section 243. Section 10.08.140 of the Seattle Municipal Code, last amended by Ordinance 122311, is amended as follows:

10.08.140 Definitions.

A. "Alarm system" or "alarm device" means any system, device, or mechanism which, when activated, transmits a telephonic, wireless, electronic, video, or other form of message to an alarm system monitoring company, or some other number, or emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the premises in some other fashion, except any system, device, or mechanism primarily protecting a motor vehicle. An alarm system or alarm device may consist of one or more components (e.g., motion detector, window breach detector, or similar components) all reporting to a central unit/system panel which, in turn, is connected to or reports to an alarm system monitoring company via telephonic, wireless, electronic, video, or other form of message.

B. "Alarm system monitoring company" means any individual, partnership, corporation, or other form of association that engages in the business of monitoring property, burglary, robbery, or panic alarms.

C. "Alarm system user" means the person having or maintaining a property, burglary, robbery, or panic alarm. It means only the subscriber when the system is connected to an alarm system monitoring company.

D. "Alarm user class" means a class provided by the Alarm Unit of the Seattle Police Department for the purpose of educating alarm users about false alarms.

E. Burglary alarm. See "Property alarm" below.

F. "Chief of Police" or "Chief" means the Chief of Police of The City of Seattle and his or her designee.

G. "Department" means the Seattle Police Department.

H. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) of the City or any officer, agent or employee of the City designated to act on the Director's behalf.

I. "False Alarm" means the notification to the Seattle Police Department concerning the activation of an alarm system or alarm device when:

1. There is no evidence of a crime or other activity that warrants the assistance of the Seattle Police Department on the premises, as indicated by the investigation of a police officer on the scene or by the lack of a police report filed by the property owner, and no individual who was on or near the premises or who had viewed a video communication from the premises, called for the dispatch or confirmed a need for police response; or

2. The dispatch of police personnel was cancelled by the alarm system monitoring company, whether the alarm was cancelled before or after the arrival of police personnel at the alarm site.

J. Panic alarm. See "Robbery alarm" below.

K. "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated entity, or other entity or group of persons, but excludes the United States, the State of Washington and any political subdivision or municipal corporation thereof.

L. "Property alarm" or "burglary alarm" means any system, device, or mechanism for detection and reporting of any unauthorized entry or attempted entry or property damage upon real property protected by the system which may be activated by sensors or other techniques, and, when activated, automatically transmits a telephone message, emits an audible or visible signal that can be heard or seen by persons outside the protected premises, or transmits a signal beyond the protected premises.

M. "Residence" means a building or structure or portion thereof designed to be used as a place of abode for human beings and not used for any other purpose. The term includes all dwelling units within the definition of a "residential use," as defined in Chapter 23.84A.

N. "Robbery alarm" or "panic alarm" means any system, device, or mechanism, activated by an individual on or near the premises, to alert others that a robbery or any other crime is in progress, or that the user is in need of immediate assistance or aid in order to avoid injury or serious bodily harm, which meets the following criteria:

1. The system is installed on real property (the "protected premises");

2. It is designed to be activated by an individual for the purpose of summoning assistance to the premises;

3. It transmits a telephone message or emits an audible, visible, or electronic signal that can be heard, seen or received by persons outside the protected premises; and

4. It is intended to summon police assistance to the premises.

O. Verification. See Section 10.08.165.

Section 244. Section 10.08.165 of the Seattle Municipal Code, last amended by Ordinance 121932, is amended as follows:

10.08.165 Alarm system monitoring companies -Verification process.

Every alarm system monitoring company engaged in business activities in Seattle shall:

A. Obtain a City of Seattle alarm system monitoring company license from the Department of Finance and Administrative Services (( Executive Administration )) as provided in (( SMC )) Chapter 6.10;

B. Provide the Chief of Police such information about the nature of its property alarms, burglary alarms, robbery alarms, and panic alarms; its method of monitoring; its program for preventing false alarms; and its method of disconnecting audible alarms, each as the Chief may require by rule adopted pursuant to (( the Administrative Code, )) Chapter 3.02;

C. Maintain a current list of all subscribers' names and the associated protected premises it serves, which list shall be given to the Director on a quarterly basis;

D. Verify with those subscribers who have an automatic alarm system, each alarm signal that has been accepted by the alarm system monitoring company using a verification process to prevent false alarms from resulting in unnecessary police dispatches.

A verification process is an independent method of determining that a signal from an automatic alarm system reflects a need for police assistance or investigation. The means of verification shall include one (( (1) ))or more of the following:

1. An attempt by the alarm system monitoring company, or its representative, to contact the alarm site and/or alarm user by telephone and/or other electronic means, whether or not actual contact with a person is made, to determine whether an alarm signal is valid before requesting law enforcement dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this ordinance, telephone verification shall require, as a minimum, that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to determine whether an alarm signal is valid before requesting law enforcement dispatch;

2. A feature that permits the alarm system user or a person authorized by the user to send a cancellation code to the alarm system monitoring company that will cancel an alarm immediately after it has been sent and prevent the monitoring company calling for a police dispatch;

3. The installation of a video system that provides the alarm system monitoring company when the signal is received with the ability to ascertain that activity is occurring which warrants police assistance or investigation;

4. An independent confirmation that a signal reflects a need for police assistance or investigation either by the alarm system user, a person at or near the premises, or an alternate response agency made before dispatching police; or

5. An alternate system that the Chief determines has or is likely to have a high degree of reliability.

E. When the Chief reports that there appears to have been a false alarm at a subscriber's premises, work cooperatively with the subscriber and the Chief in order to determine the cause thereof and prevent recurrences.

Section 245. Section 10.11.010 of the Seattle Municipal Code, last amended by Ordinance 122474, is amended as follows:

10.11.010 Definitions.

A. "Director" means the Director of (( the Department of ) Finance and Administrative Services (( Executive Administration )), or successor entity, or his or her designee.

B. "Liquor" has the same meaning as in Chapter 66.04 of the Revised Code of Washington.

C. "Nightclub" means any business open to the public in which:

1. Liquor is served between the hours of 10:00 p.m., and 6:00 a.m., except where service of liquor is incidental to an event that is not open to the public; and

2. Has a maximum occupancy capacity of (( two hundred ( ))200(( ) )) or more people.

D. "Nightclub operator" means any individual, sole proprietorship, partnership, corporation, association, or other public or private organization of any character with responsibility for operation of a nightclub.

E. "Written Safety Plan" means a written document produced by a nightclub operator that includes at minimum the following information about the nightclub:

1. The number and location of all security personnel;

2. The nightclub's identification checking and patron search procedures;

3. Procedures for ensuring that only persons (( twenty one ( ))21(( ) )) years or older are served alcohol;

4. The nightclub's procedures for handling violent incidents, other emergencies, and calling the Seattle Police Department;

5. A description of the training provided or completed by security and other personnel, including conflict de-escalation training;

6. The nightclub's procedures for crowd control and preventing overcrowding; and

7. Current contact information for the person or position responsible for addressing safety, security, or City Code related complaints by patrons or neighborhood residents.

Section 246. Section 10.24.030 of the Seattle Municipal Code as last amended by Ordinance 23147 is repealed.

Section 247. Section 10.38.050 of the Seattle Municipal Code as last amended by Ordinance 41908 is repealed.

Section 248. Section 10.46.010 of the Seattle Municipal Code as last amended by Ordinance 118396 is amended as follows:

10.46.010 Permit for disposal required.

It shall be unlawful for anyone to deposit or dispose of the cleanings of septic tanks, cesspools, grease traps and seepage pits within the City without a proper permit issued by the Director of Seattle Public Utilities authorizing the disposal of such cleanings at points to be specified by the Director of Seattle Public Utilities. The fee for such permit, which shall be issued only to the holder of a proper registration and inspection certificate to carry on or engage in the business of cleaning septic tanks, cesspools, grease traps and seepage pits issued by the Seattle-King County Health Department pursuant to law for carrying on such business, shall be (( Thirty Dollars ( ))$30(( .00) )) per month, payable in advance on the first day of each and every month to defray the costs of supervision of such waste disposal and in addition such permit holder shall deposit with the (( City )) Director of Finance and Administrative Services (( Director) ) in the Guaranty Deposit Fund the sum of (( One Hundred Fifty Dollars ( ))$150(( .00) )) to guarantee compliance with the terms of Section 10.46.020.

Section 249. Section 11.16.480 of the Seattle Municipal Code, last amended by Ordinance 121388, is amended as follows:

11.16.480 Director of Finance and Administrative Services (( Executive Administration ))to collect parking payment device revenues.

The payments required to be deposited in parking payment devices as provided in (( this Subtitle ( ))Chapter 11.76(( ) )) are levied and assessed as fees to cover the costs of installations, inspection, supervision, regulation and maintenance involved in the control of traffic and parking upon the streets and the duly authorized agents of the (( City )) Director of Finance and Administrative Services (( Executive Administration )) shall, from time to time, collect, and deposit the same in the General Fund.

Section 250. Section 11.23.140 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

11.23.140 Refunds for unused permits.

Whenever an overweight or overload permit has been issued and a fee paid therefor and either no rights are exercised pursuant thereto and such permit is surrendered or the fee charged is erroneous for any reason and application is made for refund, the Traffic Engineer shall certify the facts justifying such refund, the amount thereof, and his or her approval of such refund, and upon presentation of such certificate the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay a warrant on the General Fund in the amount of such refund, and the necessary appropriations are made from any surplus in the fund. If the appropriate fund is solvent at the time payment is ordered, the Director (( of Executive Administration ))may elect to make payment by check.

Section 251. Section 11.30.220 of the Seattle Municipal Code, last amended by Ordinance 122589, is amended as follows:

11.30.220 Contract for towing and storage.

A. The Director of Finance and Administrative Services (( Executive Administration )) is authorized and directed to prepare specifications for towing and storage of vehicles, including instructions to bidders, containing such provisions as the Director (( of Executive Administration ))shall deem advisable and not in conflict with this chapter.

B. A call for bids responsive to such specifications shall then be made, and the contract shall be awarded to the lowest and best bidder whose proposal is deemed by the Director of Finance and Administrative Services (( Executive Administration )) to be the most advantageous for the public and the City; provided that, in the event all bids are deemed by the Director (( of Executive Administration )) to be too high or irregular, he or she may reject all such bids and make another call for bids or proceed alternatively pursuant to ordinance passed for such purpose.

The Director (( of Executive Administration ))shall consider, among other relevant factors, the following:

1. Integrity, skill, and business judgment of the bidder;

2. General experience in providing towing and storage services;

3. Conduct and performance under a previous City towing impound contract demonstrating honesty, promptness, skill, efficiency, and a satisfactory relationship with vehicle owners;

4. Existing availability of equipment, facilities, and personnel; and

5. The bidder's financial ability and willingness to expand or improve available equipment, facilities, and services.

The contract award shall be in accordance with the specifications so approved for towing and storage service necessary for carrying out the provisions of this chapter.

C. Subsequent to the award of the contract, the Director of Finance and Administrative Services (( Executive Administration ))shall file a written statement with the City Clerk giving the name and address of the contractor for towing and storage of vehicles and, if more than one(( (1) )) place of storage has been provided, the name and address or location of each storage place. The Director (( of Executive Administration ))shall administer and enforce contracts made pursuant to this section.

Section 252. Section 11.30.240 of the Seattle Municipal Code as last amended by Ordinance 117306 is amended as follows:

11.30.240 Contract for towing and storage -Financial responsibility.

Any contract for towing and storage under the provisions of this chapter shall require the contractor to demonstrate proof of financial responsibility for any liability which the City may have as a result of any negligence, wil l ful conduct or breach of contract by the contractor and for any damages which the owner of an impounded vehicle may sustain as a result of damage to or loss of the vehicle, or the contents of a vehicle in the custody of the contractor. Proof of financial responsibility shall be furnished either by proof of insurance, by filing a surety bond and/or by depositing cash in such amounts as the (( Finance)) Director of Finance and Administrative Services shall determine necessary.

Section 253. Section 11.30.280 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

11.30.280 Contractor to file monthly claim for services.

The contractor shall, on or before the tenth day of each month, file his or her claim with the Department of Finance and Administrative Services (( Executive Administration )) for towing and storage charges accruing to him or her upon vehicles redeemed as provided in this chapter during the preceding month, in accordance with this chapter and with the specifications for the contract authorized in Section 11.30.220, and such claim shall be sworn to by him or her under oath. The Director of Finance and Administrative Services (( Executive Administration )) shall audit such claim and any payment thereof at least once annually. A warrant or warrants for payment of such claim shall be drawn and paid by the Director (( of Executive Administration )) from such expenditure allowances as may be provided therefor in the annual budget or from such moneys as may otherwise be appropriated for such purpose. If the appropriate fund is solvent at the time payment is ordered, the Director (( of Executive Administration ))may elect to make payment by check.

Section 254. Section 11.30.290 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

11.30.290 Contract for towing and storage -Administrative fee.

A. If a vehicle is impounded pursuant to Section 11.30.105, an administrative fee shall be levied when the vehicle is redeemed under the specifications of the contract provided for by Section 11.30.220.

B. If a vehicle is impounded pursuant to (( S )) subs ection 11.30.040 . (( ))A7, an administrative fee shall be levied when the vehicle is redeemed under the specifications of the contract provided for by Section 11.30.220.

C. If a vehicle is impounded other than pursuant to subs (( S ))ection 11.30.040 . (( ))A7 or Section 11.30.(( -))105, an administrative fee shall be levied when the vehicle is redeemed under the specifications of the contract provided for by Section 11.30. (( -))220.

D. The administrative fee shall be collected by the contractor performing the impound, and shall be remitted to the Department of Finance and Administrative Services (( Executive Administration )) in the manner directed by the Director of Finance and Administrative Services (( Executive Administration )) and as specified in the contract provided by (( S )) subs ection 11.30.220 . (( ))A. The administrative fee shall be for the purpose of offsetting, to the extent practicable, the cost to the City of implementing, enforcing, and administering the provisions of this chapter and shall be deposited in an appropriate account. The administrative fee shall be set by rule by the Director (( of Executive Administration ))in an amount not to exceed (( One Hundred Dollars ( ))$100(( ) )).

Section 255. Section 11.30.320 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

11.30.320 Rules and regulations.

The Director of Finance and Administrative Services (( Executive Administration ))and the Chief of Police are authorized and directed to promulgate rules and regulations consistent with this chapter, the Charter of the City, and Chapter 3.02 (( the Administrative Code of the City,1 )) to provide for the fair and efficient administration of any contract or contracts awarded pursuant to Section 11.30.220 and to provide for the fair and efficient administration of any vehicle impoundment, redemption, or release or any impoundment hearing under this chapter.

Section 256. Section 11.50.530 of the Seattle Municipal Code as last amended by Ordinance 108200 is amended as follows:

11.50.530 Unlawful erection of direction signs.

No person shall erect any device on a street or alley for the purpose of the information or the direction of traffic, giving the distance or direction to or from any point or place, unless such person shall have first applied for and obtained from the (( Board of Public Works )) Seattle Department of Transportation a permit to do so, and the same shall have been constructed, erected and located according to the specific requirements therefor contained in such permit. Any device erected or maintained without such a permit constitutes a public nuisance and may be removed by the Director of Transportation (( Engineering )) or his duly authorized agent and such removal of an unlawful device on private or public property, shall not be a breach of the peace. Furthermore, no liability shall attach to the City, its agents, or employees by reason of any damage or injury to persons or property when removing such unlawful device. (RCW 47.36.160)

Section 257. Section 11.60.240 of the Seattle Municipal Code as last amended by Ordinance 112092 is amended as follows:

11.60.240 Combination of units -Lawful operations -Special permits.

Notwithstanding the provisions of Section 11.60.220 and subject to such rules and regulations governing their operation as may be determined (( adopted )) by the (( Board of Public Works )) Seattle Department of Transportation , operation of the following combinations shall be lawful:

A. A combination consisting of a truck tractor, a semitrailer, and a full trailer. In this connection a converter gear used to convert a semitrailer into a full trailer shall be considered to be a part of the full trailer and not a separate vehicle. A converter gear being pulled without load and not used to convert a semitrailer into a full trailer may be substituted in lieu of a full trailer or a semitrailer in any lawful combination;

B. A combination consisting of three (( (3) ))trucks or truck tractors used in driveaway service where two (( (2) ))of the vehicles are towed by the third in double saddlemount position(( . )) (RCW 46.44.037) .

Section 258. Section 12A.08.105 of the Seattle Municipal Code, last amended by Ordinance 121388, is amended as follows:

12A.08.105 Unauthorized manufacture, duplication, use or possession of a key which opens a parking payment device.

It is unlawful for any person to knowingly manufacture, duplicate, use or possess a key which opens a parking payment device located within the limits of the City, unless authorized to do so by the Director of Transportation or the (( City )) Director of Finance and Administrative Services (( Executive Administration )).

Section 259. Section 12A.62.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

12A.62.020 Payment authority.

Reimbursements made in accordance with Section 12A.62.010 shall be paid on vouchers approved by the City Attorney on the basis of facts as certified by the Chief of Police consistent with this chapter together with such other evidence as the City Attorney may require to substantiate such medical expenses, and for such purpose the sum of (( One Thousand Dollars )) (( ( ))$1,000(( ) )) or so much thereof as may be necessary is appropriated from the Emergency Fund and the (( City Finance )) Director of Finance and Administrative Services (is authorized to draw and pay the necessary warrants. If the applicable fund is solvent at the time payment is ordered, the Director (( of Executive Administration )) may elect to make payment by check.

Section 260. Section 15.04.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

15.04.040 Indemnity deposit -Escrow -Surety bond.

A. If the authorizing official determines that there is a substantial risk of injury, damage, or expense to the City or probable City expenditures arising from an applicant's proposed use of any public place, the authorizing official may require the applicant to make an indemnity deposit with the (( City )) Director of Finance and Administrative Services (( Executive Administration )) in an amount based on the official's estimate of the injury, damage or expense to the City and/or cost of restoration of the public place if a mishap or accident were to occur. The funds shall be deposited to the credit of the Guaranty Deposit Fund.

B. The indemnity deposit shall be used to pay the cost of restoring the public place, or removing any earth or other debris, of replacing or repairing any utility interrupted or damaged or of any trees in the public place, of completing any work left unfinished, of resetting any traffic control devices, of the expenses of engineering and other studies authorized by Section 15.04.035, and any other expense that the City may sustain in conjunction with the permitted work, plus a City administrative charge equal to 15(( fifteen )) percent (( (15%) )) of the amounts expended for the City's expenses for services such as inspections, surveys, preparing plans, letting contracts, and contract administration or supervision. The balance of the cash indemnity deposit, if any, after all deductions shall be returned to the applicant. If the indemnity deposit be insufficient, the applicant shall be liable for the deficiency.

C. The authorizing official may authorize the filing of a surety bond in accordance with Section 15.04.044 in lieu of making all or part of an indemnity deposit and may suspend its application or waive compliance when required by Section 15.02.027.

Section 261. Section 15.04.044 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

15.04.044 Surety bond.

A. If required by the authorizing official, the applicant shall file with the City Clerk or such official's functional successor, in lieu of, or in addition to the indemnity deposit, a surety bond approved as to surety and as to form by the City Attorney. The bond shall assume all the requirements provided in Section 15.04.060 in relation to an indemnity deposit, shall run for the full period of the permit, and shall be in an amount to be fixed by the authorizing official, and conditioned that such applicant shall faithfully comply with all the terms of the permit and all the provisions of this title and all other ordinances of the City, and, to the extent permitted by RCW Chapter 19.72, indemnify and save the City free and harmless from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any person by reason of the use of any public place, as provided for in the application.

B. If the application shall be to construct, reconstruct, repair, maintain, or remove any pavement, sewer, water main, storm drain, grading, street lighting, or appurtenance thereto, the applicant shall file with the (( City )) Director of Finance and Administrative Services (( Executive Administration )) or such official's functional successor a surety bond approved as to surety and as to form by the City Attorney. The bond shall be conditioned that the applicant shall faithfully complete all portions of the work according to the City's Standard Plans and Specifications, the special plans approved by the authorizing official, and the terms of the permit. The bond shall run for the full period of the permit plus one (( (1) ))year after City acceptance of the permitted work. The authorizing official shall set the amount of the bond.

C. If an applicant shall be periodically using public places, the authorizing official may require the applicant to post a surety bond in an amount the authorizing official deems sufficient to cover the accumulated cost or risk involved at any certain time in a calendar year for the number of permits outstanding. The bond shall be in force during the period of all outstanding permits, but in no case for less than one (( (1) ))year. The bond shall be subject to approval by the City Attorney as to surety and as to form. The bond shall be conditioned to assume all of the requirements of this title in relation to a cash indemnity deposit.

D. If at any time any applicant shall apply for a permit to use a public place or to modify an issued permit, and in the opinion of the authorizing official the aggregate amount of bonds needed for the additional work or risk involved in the proposed use, together with that involved under other permits outstanding to the applicant, exceed the amount of the then posted surety bond, the authorizing official may require the applicant, prior to issuing the permit, to post an additional or separate surety bond in an amount the authorizing official deems sufficient to cover the additional risk or work involved. The bond shall remain in force during the period of all outstanding permits, but in no case for less than one (( (1) ))year from and after the date of the permit. Also, the authorizing official may require any permittee to post a surety bond in the calendar year following the period of a permit when the extent of possible damage to a public place has not been completely determined.

E. Registered side sewer contractors who post a one (( (1) ))year bond under the provisions of subsection C or D shall not be required to post an additional surety bond specifically covering work under separate side sewer ordinances. An authorizing official may waive the requirement of surety bond under subsection C upon finding that the bond posted under (( S )) subs ection 21.16.060 . (( ))C is adequate to fully protect the City. The surety bond shall contain all the requirements of side sewer ordinances in the same manner as required bonds posted pursuant to the side sewer ordinances and (( S )) subs ection 21.16.060 . (( ))C.

F. Sections 15.02.027 and 15.04.017 may apply when constitutional freedoms or statutory rights are exercised.

Section 262. Section 15.04.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

15.04.050 Account or bond for multiple permits.

In the alternative to making an indemnity deposit for each permit under Section 15.04.040, an applicant who anticipates seeking two (( (2) ))or more permits from the same department, may establish with the City a subaccount by depositing with the (( City)) Director of Finance and Administrative Services (( Executive Administration )), to the credit of the Guaranty Deposit Fund, a minimum sum of at least (( Five Hundred Dollars ( ))$500(( ) )) or the amount fixed for the permit being sought, whichever is greater. On notice from the City, the applicant shall replenish such sum from time to time, whenever the subaccount balance shall have been reduced to the sum of (( Three Hundred Dollars ( ))$300(( ) )) or less.

Section 263. Section 15.04.090 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

15.04.090 Refund of permit fee.

Whenever the fee paid for any use or occupation permit shall be erroneous for any reason, and application is made for refund, the authorizing official shall certify the facts justifying such refund, the amount thereof, and his or her approval of such refund, and upon presentation of such certificate to the (( City )) Director of Finance and Administrative Services (( Executive Administration )), a warrant shall be drawn and paid in the amount of such refund. The necessary appropriations are hereby made and authorized. If the appropriate fund is solvent at the time payment is ordered, the Director (( of Executive Administration )) may elect to make payment by check.

Section 264. Section 15.38.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

15.38.030 Sale of impounded property.

A. If, at the expiration of the time set forth in Section 15.38.020 the property has not been released to the owner, the property is surplus to the City's needs, and has a sufficient value for sale, the authorizing official may arrange for its sale at public auction or through the City's Director of Finance and Administrative Services (( Executive Administration )) in conjunction with the sale of surplus City property.

B. Upon sale of the property, the authorizing official shall deposit the proceeds into the City Treasury.

C. At any time within six (( (6) ))months from and after the date of the sale, the former owner, upon proper application to the authorizing official, and upon presentation of satisfactory proof that he or she was the owner of the property sold, shall receive the residue of the proceeds of such sale, after deducting the expenses of seizure, impounding, advertising and sale and charges under the fee schedule. The right to the proceeds conferred under this subsection expires if at the end of six (( (6) ))months the former owner shall not have applied to the City therefor.

Section 265. Section 15.38.050 of the Seattle Municipal Code as last amended by Ordinance 118409 is amended as follows:

15.38.050 Motor vehicles; boats; animals; newsstands.

The impoundment and disposition of abandoned and/or unauthorized vehicles is regulated by (( Seattle Municipal Code )) Chapter 11.30 and RCW 46.55.080 through 46.55.115, and as to a vehicle, watercraft, camper, or component part thereof whose manufacturer's serial or distinguishing number or mark has been removed or altered by RCW 46.12.310 -46.12.340. The Director of Transportation and the Superintendent are authorized to assist the Chief of Police and the Director of Finance and Administrative Services (( Licenses and Consumer Affairs )) in arranging for the removal thereof from public places.

The impounding of animals is regulated by (( Seattle Municipal Code )) Chapter 9.25.

The impounding of newsstands is regulated by (( Seattle Municipal Code )) Section 15.14.070.

Section 266. Section 15.42.050 of the Seattle Municipal Code as last amended by Ordinance 118409 is amended as follows:

15.42.050 Conformance to Street Tree Planting Standards.

Tree planting shall conform to the Street Planting Standards of the City of Seattle adopted (( by Board of Public Works and continued in effect pursuant to this subtitle or as later modified )) by the Director of Transportation, insofar as practical. Changes from those standards may not be granted without approval of the Director of Transportation.

Section 267. Section 15.52.020 of the Seattle Municipal Code, last amended by Ordinance 121276, is amended as follows:

15.52.020 Committee membership.

The Special Events Committee shall be comprised of the following voting members:

A. A representative of the Mayor, the City Budget Director, the Fire Chief, the Police Chief, the Superintendent of Parks and Recreation, and the Directors of Transportation, Planning and Development, Finance and Administrative Services , and Neighborhoods, and of the Seattle-King County Health Department;

B. A representative of the (( Metropolitan Services Division )) the transit division of King County government ;

C. Three (( (3) ))citizens and one (( (1) ))alternate appointed by the Mayor, subject to confirmation by the City Council; an alternate may vote when the appointee is absent. One (( (1) ))of the citizens shall have experience in organizing special events with attendance over (( ten thousand ( ))10,000(( ) ))people; another shall have experience organizing smaller events. Members shall serve without compensation, by reason of their committee membership. Citizen members and alternates may be reimbursed for expenses incurred in attending committee meetings and performing committee duties. The Mayor shall appoint the chair of the Committee, who shall serve for a term of two (( (2) ))years and may be reappointed. The incumbent chair shall hold over at the expiration of his or her term until a successor is appointed and qualifies. The chair shall provide for maintaining committee records, arranging meeting times and places, sending statements, and issuing permits on behalf of the Committee.

Section 268. Section 15.62.110 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

15.62.110 Payment of compensation or conveyance.

Upon securing an appraisal of the value of the street or alley area to be vacated as provided in this chapter, the Director of Transportation shall notify the petitioner of the amount of compensation, deducting therefrom any remaining appraisal fee deposit not previously refunded to petitioner. The payment shall be delivered to the Director of Transportation who, upon receipt of any such payment shall forthwith transmit the same to the (( City )) Director of Finance and Administrative Services (( Executive Administration )) for deposit in the Cumulative Reserve Subfund (( Fund )) and shall make a written report of such payment to the City Council. In the event that the petitioner has received approval of delivery of an instrument granting or dedicating to the City a parcel or parcels of land in lieu of a cash payment as contemplated by Section 15.62.090, the Director of Transportation, in his or her discretion, at the applicant's expense shall obtain either a policy of title insurance insuring title thereto in the City, or a certificate of title as to the title thereof, and upon receipt of such policy or certificate shall transmit the same to the City Council for inclusion in the appropriate file.

Section 269. Section 16.08.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

16.08.050 Waterway Operations and Maintenance Subfund.

A. A restricted subfund designated the "Waterway Operations and Maintenance Subfund" is established in the Transportation Fund to which restricted subfund shall be deposited all fees collected from waterway use and occupation permits issued under this chapter; reimbursements of expenses incurred by the Chief of Police in removal, towing, impoundment of vessels, water sport craft or obstructions in waterways and receipts from sale of such vessels, water sport craft or obstructions; its proportionate share of interest earnings of invested Transportation Fund balances; and any other moneys accruing from activities under this title in waterways or appropriated or budgeted to such fund. If the Waterway Operations and Maintenance Subfund has a credit balance greater than that of the Transportation Fund, the Director of Finance and Administrative Services (( Executive Administration )) shall credit interest to the Subfund at the rate of the City's investment earnings for funds of its size.

B. The Waterway Operations and Maintenance Subfund shall be charged with the cost of administration, inspection and policing involved in the issuance and continuance of such permits; activities of the City in maintaining waterways as public ways for vessels or obstructions and for commerce and navigation; and for maintaining a reserve to clear waterways of vessels that may sink therein and for emergency activities related to waterways and navigation. Vouchers for expenditures shall be approved by the Director of Transportation or his or her designee, or by the Chief of Police or his or her designee.

Section 270. Section 18.12.080 of the Seattle Municipal Code, last amended by Ordinance 121788, is amended as follows:

18.12.080 Animals running at large prohibited.1

A. Except as expressly allowed in subsection B hereof, it is unlawful for any person to allow or permit any dog or other pet to run at large in any park, or to permit any dog or other pet with or without a leash, except Seeing Eye or Hearing Ear dogs or dogs used by public law enforcement agencies and under control of a law enforcement officer, to enter any public beach, swimming or wading area, pond, fountain, stream, organized athletics area or designated children's play area. The Superintendent may ban dogs and other pets, or a specific dog or other pet, from areas of any park where he or she determines the same may be a nuisance.

B. Dogs may be allowed to run at large only in the following areas hereby designated as off-leash areas:

1. That portion of Genesee Park depicted on Exhibit 18.12.080 H;

2. That portion of Golden Gardens Park depicted on Exhibit 18.12.080 I;

3. That portion of Magnuson Park depicted on Exhibit 18.12.080 J (Revision 2);

4. That portion of I-5 Open Space depicted on Exhibit 18.12.080 U;

5. That portion of Westcrest Park as depicted on Exhibit 18.12.080 L (Revision 2002);

6. That portion of the City's stormwater drainageretention facility adjacent to I-90 Lid Park as depicted on Exhibit 18.12.080 M;

7. That portion of Woodland Park depicted on Exhibit 18.12.080 N; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed;

8. That portion of Boren-Pike-Pine Park depicted on Exhibit 18.12.080 V;

9. That portion of City Light Right-of-Way #3 depicted on Exhibit 18.12.080 P; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed;

10. That portion of the East Duwamish Greenbelt depicted on Exhibit 18.12.080 Q; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed;

11. That portion of Northacres Park depicted on Exhibit 18.12.080 R; provided that this site may not be used as an off-leash area until the Superintendent has filed a stewardship agreement concerning the site with the City Clerk and until signs are installed;

12. That portion of Regrade Park depicted on Exhibit 18.12.080 T.

Any person who takes a dog into an off-leash area must have physical control of the dog by means of an adequate leash when entering and leaving the off-leash area and must maintain voice control over the dog at all times while in the off-leash area. All dogs in an off-leash area must be licensed and must display valid license tags attached to the dog collar. Dangerous animals, as defined in (( S )) subs ection 9.25.020 . (( ))G of this Code, are not permitted to use the off-leash areas.

C. Any person with a dog or other pet in his or her possession or under his or her control in any park shall be responsible and liable for the conduct of the animal, shall carry equipment for removing feces, and shall place feces deposited by such animal in an appropriate receptacle.

D. The Superintendent shall review the impacts of offleash activities at sites described in subsections B7 through B13 of this section after (( eighteen ( ))18(( ) )) months of operations at each site. In the case of nonpark sites, this review shall include consultation with the City department with authority over the site. If, based on this review, the Superintendent finds significant problems that cannot be practically corrected the Superintendent may close the site to off-leash use. In addition to any action taken pursuant to the review described above, the Superintendent is authorized to close to off-leash dog use any area described under subsection B of this section on a temporary or permanent basis if significant problems arise which cannot be resolved jointly by the Department of Parks and Recreation, Seattle Animal Control, and COLA, and if the Superintendent determines that such closure is necessary for the preservation and protection of the natural environment, public health or safety. Prior to closing any off-leash area, the Superintendent shall consult with the Director of Finance and Administrative Services (( Executive Administration )). The Superintendent shall state in writing his or her reasons for closure.

Prior to any permanent closure, the Superintendent shall give (( thirty ( ))30(( ) )) days written notice, to be posted at the site, stating the reason(s) for the closure and shall conduct one(( (1) )) or more public hearings on the proposed closure.

Moreover, the Superintendent is authorized to manage all offleash sites and this authority shall include, but not be limited to, the authority to make minor alterations to site boundaries after reasonable notice to the public, impose operating hours and curtail use at sites as necessary for renovation, repair or for other operational reasons.

Section 271. Section 18.28.040 of the Seattle Municipal Code as last amended by Ordinance 112568 is amended as follows:

18.28.040 Experimental rates.

A. With the concurrence of the City Budget Director, the Superintendent of Parks and Recreation is authorized to adjust the fee or charge contained in the established fee schedule for any particular facility on a temporary basis of up to (( sixty ( ))60(( ) )) days in order to increase public attendance or usage and the resulting revenues. Temporary rates may take the form of special price during a special time, e.g., a half-price rate for entry to a park facility during the final hour before closing, a lower rate for children when half or more of the allotted time for family or children's usage has expired, or a two (( (2) ))for one (( (1) ))entry for a handicapped individual and a person who accompanies and assists a handicapped individual.

B. The Superintendent shall report to the City Council in conjunction with the presentation of the Department's proposed budget, the Department's experience with any experimental rates during the preceding (( twelve ( ))12(( ) )) months.

Section 272. Section 20.04.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.04.050 Modes of payment.

There shall be two (( (2) ))modes of payment for the portion of the cost and expense of any local improvement contemplated by this chapter, and payable by special assessment, to wit: "immediate payment" and "payment by bonds." The mode adopted shall be the mode petitioned for in case the improvement shall be made upon petition. Otherwise, the Director of Finance and Administrative Services (( Executive Administration, in consultation with the Director of Finance, )) shall make a recommendation to the City Council as to the mode of payment, and the mode shall be the one designated in the ordinance ordering such improvement.

Section 273. Section 20.04.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.04.060 Preliminary assessment roll.

A. After the City has ordered a local improvement and created a local improvement district by ordinance, the Director of Transportation shall prepare, and within (( fifteen ( ))15(( ) )) days after the improvement of work has been ordered and a local improvement district created, file with the Director of Finance and Administrative Services (( Executive Administration )) the following:

1. The title of the improvement;

2. The district number;

3. Copy of a diagram or print showing the boundaries of the district;

4. Preliminary assessment roll or abstract thereof showing the lots, tracts and parcels of land that will be especially benefited;

5. The estimated cost and expense of such improvement to be borne by each such lot, tract or parcel; and

6. The name of the owner thereof, if known, but in no case shall a mistake in the name of the owner affect the validity of any assessment when the description of the property is correct.

B. The Director of Finance and Administrative Services (( Executive Administration )) shall immediately post the proposed assessment roll upon his or her index of local improvement district assessments against the properties affected.

Section 274. Section 20.04.120 of the Seattle Municipal Code as last amended by Ordinance 120794 as follows:

20.04.120 Confirmation by ordinance -Procedure.

The ordinance confirming any assessment roll shall levy and assess against each lot, tract, or parcel of land, or other property appearing upon such roll, the amount charged against the same. Upon the enactment of the ordinance, the roll shall be delivered to the City Clerk, together with a list containing the lots and the names of the owners thereof upon which the collection of local improvement district assessments will be deferred pursuant to RCW 35.43.250. The City Clerk shall forthwith transmit the same to the Director of Finance and Administrative Services (( Executive Administration )), with his or her certificate that the same has been duly approved by ordinance, and annually thereafter, in the case of assessments payable by the mode of "payment of bonds," the Director of Finance and Administrative Services (( Executive Administration )) shall extend the installments of principal and interest upon any unpaid balance as shown upon said approved roll. Interest shall be at the rate fixed by the ordinance confirming the assessment roll.

Section 275. Section 20.04.130 of the Seattle Municipal Code as last amended by Ordinance 120794 as follows:

20.04.130 Mode of "immediate payment."

A. Whenever the cost and expense of any improvement shall be payable by the mode of "immediate payment," the Director of Finance and Administrative Services (( Executive Administration )), upon receipt of the assessment roll as confirmed by ordinance, shall publish a notice in the official newspaper of the City once a week for two (( (2) ))consecutive weeks that the roll is in his or her hands for collection, and that all or any portion of the assessment may be paid within (( thirty ( ))30(( ) )) days from the date of the first publication of the notice without penalty, interest or cost, and that unless payment be made within such time, the assessment or unpaid portion thereof will become delinquent. Within (( fifteen ( ))15(( ) )) days of the first newspaper publication, the Director of Finance and Administrative Services (( Executive Administration )) shall notify each owner or reputed owner whose name appears on the assessment roll, at the address shown on the King County tax rolls (( of the County Comptroller )) for each item of property described on the assessment roll, of the nature of the assessment, of the amount of his or her property subject to such assessment, of the total amount of the assessment due, and of the time during which such assessment may be paid without penalty, interest or costs. In the case of assessments the collection of which has been deferred pursuant to RCW 35.43.250 and RCW 35.54.100, as now existing or hereafter amended, the notice shall also state that the assessment shall be paid within the period of deferral and that unless the assessment the collection of which has been deferred is paid within such period of deferral, the assessment or any unpaid portion thereof will become delinquent. Reference to deferred collection assessments may be omitted from the notice when there is no provision for deferred collection in the ordinance creating the district.

B. Upon delinquency a penalty of (( twenty )) 20percent (( (20%) )) of the assessment shall attach to, and become part of all assessments. Delinquent assessments shall bear interest until paid at a percentage rate to be fixed by the ordinance confirming the assessment roll. Delinquent assessments, penalties and interest shall forthwith be collected and the lien thereof enforced in the manner provided by statute, the City Charter1 and ordinances of the City.

Section 276. Section 20.04.140 of the Seattle Municipal Code as last amended by Ordinance 120794 as follows:

20.04.140 Mode of "payment by bonds."

A. Whenever the cost and expense of any improvement shall be payable by the mode of "payment by bonds," the Director of Finance and Administrative Services (( Executive Administration )), upon receipt of the assessment roll as confirmed by ordinance, shall publish a notice in the official newspaper of the City once a week for two (( (2) )))consecutive weeks that the roll is in his or her hands for collection and that all or any portion of the assessment may be paid within (( thirty ( ))30(( ) )) days from the date of the first publication of the notice without penalty, interest or cost. Within (( fifteen ( ))15(( ) )) days of the first newspaper publication, the Director of Finance and Administrative Services (( Executive Administration )) shall notify each owner or reputed owner whose name appears on the assessment roll, at the address shown on the tax rolls of (( the )) King County (( Comptroller )) for each item of property described on the assessment roll, of the nature of the assessment, of the amount of his or her property subject to such assessment, of the total amount of the assessment due, and of the time during which such assessment may be paid without penalty, interest or costs. In the case of assessments or of any installment thereof the collection of which has been deferred pursuant to RCW 35.43.250 and RCW 35.54.100, as existing or hereafter amended, the notice shall also state that the assessment or any installment shall be paid within such period of deferral and that unless the assessments or installments, the collection of which have been deferred are paid within such period of deferral, such assessment or unpaid portion or installment thereof will become delinquent.

B. Unless collection of an assessment has been deferred pursuant to RCW 35.43.250 and RCW 35.54.100 as now existing or hereafter amended, the first installment of principal and interest of any assessment payable under the mode of "payment by bonds" shall become due and payable during the (( thirty ( ))30(( ) )) day period succeeding a date one (( (1) ))year after the date of first publication of the notice by the Director of Finance and Administrative Services (( Executive Administration )) that the assessment roll is in his or her hands for collection, and annually thereafter each succeeding installment of principal or interest shall become due and payable in like manner. All installments must be paid in sequential order. Whenever an installment shall become due and payable, the Director of Finance and Administrative Services (( Executive Administration ))shall mail a notice thereof to the owner of the property assessed, when the post office address of such owner is known, but failure to mail the same shall not affect the validity of the assessment lien. Any such installment not paid prior to the expiration of the (( thirty ( ))30(( ) )) day period during which such installment is due and payable shall thereupon become delinquent.

C. Whenever the collection of an installment of an assessment has been deferred pursuant to RCW 35.43.250 and RCW 35.54.100 as existing or hereafter amended, the installment of principal or interest shall become due and payable upon expiration of the period of such deferral and each succeeding installment of principal or interest shall become due and payable in like manner. Any such installment not paid within (( thirty ( ))30(( ) )) days after expiration of the period of such deferral shall thereupon become delinquent.

D. All delinquent installments shall, until paid, be subject to an additional charge of (( twenty )) 20percent (( (20%) )) levied upon the principal and interest due on such installment or installments.

Section 277. Section 20.04.145 of the Seattle Municipal Code as last amended by Ordinance 118138 is amended as follows:

20.04.145 Installment notes.

In addition to the issuance of bonds and warrants in payment of the cost of any local improvement, the City Council may, in the ordinance ordering any such improvement and adopting the mode of payment, direct the issuance of local improvement installment notes and certificates payable out of the local improvement district fund, and to the extent provided by law from the Local Improvement Guaranty Fund, when such notes are to be held exclusively by one (( (1) ))or more other City funds as authorized by RCW 35.45.150. Loans evidenced by such notes shall comply with RCW 35.45.150. The total sum of all outstanding principal on such installment notes shall not at any time exceed (( One Million dollars ( ))$1,000,000(( .00) )).

The (( Finance )) Director of Finance and Administrative Services may refund such installment notes by the issuance of local improvement district bonds or consolidated local improvement district bonds in accordance with RCW Chapter 35.45, and may transfer any such notes, at par plus accrued interest among funds of the City.

Section 278. Section 20.04.150 of the Seattle Municipal Code as last amended by Ordinance 120794 as follows:

20.04.150 Special fund for each district.

The ordinance creating any local improvement district shall also create a special fund to be called "Local Improvement Fund, District No. ________," into which shall be placed all sums from any source intended for use in the prosecution of the work contemplated by such ordinance and, when the assessment roll has been confirmed, all sums paid on account of such assessment, including all interest and penalty thereon, and in the event of sale of bonds by the City, all proceeds of sale and all premiums and accrued interest on bonds issued for such improvement. The moneys in such local improvement district fund derived from assessments shall be used for no other purpose than the redemption of warrants drawn upon and bonds issued against the fund to provide payment for the cost and expense of the improvement. Provided, that if the fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment for the cost and expense of the improvement by check.

Section 279. Section 20.04.170 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

20.04.170 Bonds -Register required.

The (( City Finance )) Director of Finance and Administrative Services shall keep in his or her office a register of all such bonds issued. He or she shall enter therein the local improvement fund district number, for which the same are issued, and the date, amount and number of each bond and term of payment.

Section 280. Section 20.04.200 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

20.04.200 Warrants -Call and payment.

A. It shall be the duty of the (( City Finance )) Director of Finance and Administrative Services to call and pay in numerical order such outstanding warrants against any particular improvement fund as he or she may be able to pay with the money on hand credited to such fund, and whenever he or she shall have money on hand to the credit of such fund, but not sufficient to pay the whole of the next succeeding outstanding warrant, he or she may call in and pay such portion thereof as shall exhaust the amount of such fund; provided, however, that the (( City Finance )) Director of Finance and Administrative Services may call the warrants issued to the contractor on estimates of the department head supervising the construction in any local improvement district as soon as the City Council has, by resolution or ordinance, fixed a date for the issuance of bonds or installment notes in respect to such local improvement district.

B. Whenever the (( City Finance )) Director of Finance and Administrative Services shall pay a portion of any warrant as above provided, he or she shall endorse upon such warrant the date and amount of such payment and take a receipt from the holder thereof, showing the number and description of such warrant and the date and amount so paid, which receipt the said Director shall record as a voucher for the money so paid.

Section 281. Section 20.04.210 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.04.210 Contracts -Requirements generally.

A. Contracts for local improvements shall provide for a retainage from the moneys earned by the contractor on estimates during the progress of the improvement or work of a sum to be used as a trust fund for the protection and payment of any person or persons, mechanics, subcontractors or material men who shall perform any labor upon such contract or the doing of said work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the state with respect to taxes imposed pursuant to RCW Title 82 which may be due from subcontractor. Said fund shall be computed and administered pursuant to Chapter 205, 1st Ex. Sess., Laws of 1977, presently codified as RCW 60.28.010. No improvement shall be deemed completed until the department head supervising the project shall have filed with the City Clerk a statement in duplicate declaring the same to have been completed.

B. During the time allowed for the completion of the contract the department head supervising the project shall each month issue an estimate of the amount of work completed by the contractor during the preceding month; provided, that after the expiration of the time allowed for such completion no estimate other than the final estimate shall be issued. The final estimate shall include a statement of the amount of money due the contractor, a statement of the amount of money expended for abstracts, advertising, accounting and collection, and engineering expense incurred prior to the expiration of the time allowed for the completion of the contract. The City's engineering expenses incurred after the time allowed for the completion of the contract, shall be borne by the contractor as the minimum penalty for failure to complete the work within the specified time.

C. After the issuance of the estimate by the department head supervising the project, the Director of Finance and Administrative Services (( Executive Administration )) shall, on or about the (( twenty-fifth )) 25th day of the month, deliver to the contractor money or warrants in an amount equal to such estimate less the percentage to be retained therefrom as herein provided. After the expiration of (( thirty ( ))30(( ) )) days following the final acceptance of said improvement or work and the expiration of the time for the filing of lien claims as provided by law, said reserve, or all amounts thereof in excess of a sufficient sum to meet and discharge the claims of material men and laborers who have filed their claim as provided by law, together with a sum sufficient to defray the cost of such action, and to pay attorney's fees, shall be paid to said contractor.

D. Such warrants shall be drawn against the local improvement district fund and shall bear interest at the rate prevailing in the market from the date of issuance until redeemed; provided, that warrants shall not bear interest after (( two hundred forty ( ))240(( ) )) days from the time fixed in the proposal and contract for the completion of the contract.

E. If the work is completed within the time fixed by the contract, or any extension thereof, and there is no money available for payment of contractors' warrants at the expiration of the (( two hundred forty ( ))240(( ) )) day period above mentioned, the contractor may be paid by separate non-interest-bearing warrants a sum equivalent to interest at the rate prevailing in the market on outstanding warrants from the date when interest on such warrants ceased to the date when funds are available for the redemption thereof.

F. If an extension of time is granted for the completion of the contract and the work is not completed when the extension period has expired, the contractor may be paid by separate non-interest-bearing warrants a sum equivalent to interest at the rate prevailing in the market on outstanding warrants from the day when interest ceased, as above mentioned, to a date (( two hundred forty ( ))240(( ) )) days from the date on which the extension period expires.

G. The Director of Finance and Administrative Services (( Executive Administration )) shall immediately upon receipt of the final estimate for a local improvement, file in the office of the City Clerk a certificate setting forth the total amount of said final estimate, together with accrued interest on warrants issued or to be issued.

H. All warrants issued shall be redeemed in cash, in order of issuance within (( two hundred forty( ))240(( ) )) days after the completion and acceptance of the contract, so far as payment into the local improvement district fund shall permit. Warrants not so redeemed in cash shall, except as otherwise provided in this chapter, be redeemed in order of their issuance in local improvement district bonds, the lowest numbered warrants being redeemed with the lowest numbered bonds, if the mode of payment is "payment by bonds"; or, if the mode of payment be "immediate payment," by the issuance of local improvement district fund warrants with interest at the rate prevailing in the market from the date of issuance until redeemed, such redemption to be made in the same manner as that followed under the mode of payment "payment by bonds."

I. If the mode of payment is "payment by bonds" and the bonds are sold as provided in this chapter, all such warrants not so redeemed in cash as above provided, shall be redeemed in order of issuance in cash out of the proceeds of the sale of such bonds.

Section 282. Section 20.04.220 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.04.220 Contracts -To lowest bidders -Notice -Check with bid.

All the work to be done in any local improvement district shall be let in one (( (1) )) contract or, at the option of the head of the department supervising the project, the work may be subdivided and separate contracts be let for each subdivision thereof. All local improvements to be made by contract shall be let to the lowest and best bidder therefor. Before the award of any such contract, there shall be published for at least two (( (2) ))days in the official newspaper of the City a notice, the last publication being at least ten (( (10) ))days before the letting of such contract, inviting sealed proposals for such work, and the plans and specifications whereof must, at the time of publication of such notice, be on file in the office of the department head supervising the project, subject to public inspection. Such notice shall state generally the work to be done and shall call for proposals for doing the same, sealed and filed with the City as specified in the notice, on or before the day and hour named therein. All bids shall be accompanied by a certified check, payable to the order of the Director of Finance and Administrative Services (( Executive Administration )), or a surety bond for a sum not less than (( five )) 5percent (( (5%) )) of the amount of the bid, and no bid shall be considered unless accompanied by such check or bond. If, in the discretion of the head of the department supervising the project, the work should be done by the City by day labor, and under the management of the department, it is hereby empowered to proceed with the work irrespective of all such bids, and, in such case, all bids shall be rejected; provided, however, the work shall not be done by the City if the determination so to do is in conflict with the provisions of RCW 35.22.620.

Section 283 Section 20.04.230 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.04.230 Contracts -Opening bids -Acceptance, rejection and forfeiture conditions.

At the time and place named, such bids shall be publicly opened and read; no bid shall be rejected for informality but shall be received if it can be understood what is meant thereby. The department head supervising the project shall proceed to determine the lowest and best bidder, and may let such contract to such bidder, or if all bids received exceed by ten percent (( (10%) )) preliminary cost estimates prepared by an independent consulting engineer or registered professional engineer retained for that purpose by the City, he or she may reject all of them and re-advertise, or may proceed to do the work under the direction of the department head supervising the project by "day labor," and, in case of rejection of all bids all checks shall be returned to the bidders; but if the contract be let, then, and in such case, all checks shall be returned to the bidders, except that of the successful bidder, which shall be retained until the contract be entered into for making such improvement between the bidder and the City, in accordance with such bid, and the duly approved and accepted bond therefor be filed in the office of the City Clerk. If the successful bidder fails to enter into the contract in accordance with his bid within ten (( (10 ) ))days from the date at which he is notified that he is the successful bidder, the said check and the amount thereof shall be forfeited to the City, and the same shall be delivered to the Director of Finance and Administrative Services (( Executive Administration )), who pay the same into the City Treasury to the credit of the appropriate Local Improvement District Fund. Neither the department head nor the City Council shall have the power to remit such forfeiture.

Section 284. Section 20.04.270 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.04.270 Items of cost and expense for estimates.

All estimates of the cost and expense of local improvements shall include the following:

A. The cost of all of the construction or improvement authorized for the district including, but not limited to, that portion of the improvement within street intersections;

B. The estimated cost and expense of all engineering and surveying necessary for the improvement done under the supervision of the City;

C. The estimated cost and expense of ascertaining the ownership of the lots or parcels of land included in the assessment district;

D. The estimated cost and expense of advertising, mailing and publishing all necessary notices;

E. The estimated cost and expense of accounting, clerical labor, and of books and blanks extended or used on the part of the City in connection with the improvement;

F. The cost of acquisition of rights-of-way, property, easements or other facilities or rights, whether acquired by eminent domain, purchase, gift, or in any other manner; provided, that any of the costs enumerated in this subsection may be excluded from the cost and expense to be assessed against the property in the local improvement district if the legislative authority so designates by ordinance at any time and may be paid from any other moneys available therefor;

G. The cost of legal, financial, and appraisal services and any other expense incurred by the City for the district or in the formation thereof, or by the City in connection with the construction or improvement and in the financing thereof, including the issuance of any bonds;

H. A charge against each description of property in the following amounts, to wit: in case of "immediate payment,"(( Six Dollars ( ))$6(( .00) )) per description; in case of assessment payable in three (( (3) ))annual installments, (( Eighteen Dollars ()) $18(( .00) )) per description; in case of assessment payable in five (( (5 ) ))annual installments, ((( Twenty-six Dollars ( ))$26(( .00) )) per description; in case of assessment payable in ten(( (10 ) ))annual installments, (( Forty-six Dollars ( ))$46(( .00) )) per description; in case of assessment payable in (( fifteen ( ))15(( ) )) annual installments, (( Sixtysix Dollars ( ))$66(( .00) )) per description; in case of assessment payable in (( twenty ( ))20(( ) ))annual installments or more of either principal or interest,(( Eighty-six Dollars ()) $86(( .00) )) per description; which is the charge of accounting, clerical labor, books and blanks used by the City; provided, however, that when any assessment payable in installments is paid in full within the(( thirty ( ))30(( ) )) day period fixed by law for the payment of assessments without interest, the Director of Finance and Administrative Services (( Executive Administration )) shall allow a rebate of the charge in this subsection in excess of the sum of (( Six Dollars ( ))$6(( .00) )) per description. In all instances wherein the contractor doing the work in any local improvement district deposits cash with the Director of Finance and Administrative Services (( Executive Administration )) under the terms of his or her contract to cover items of cost shown by the department head supervising the contract in his or her final estimate and specified in this section, the Director of Finance and Administrative Services (( Executive Administration )) shall transfer the amount of such rebate from the fund in which it has been deposited to the appropriate local improvement fund.

Section 285. Section 20.04.280 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.04.280 Segregation of assessments.

A. The Director of Finance and Administrative Services (( Executive Administration )) is authorized to collect and receive from any owner or owners of any subdivision or subdivisions of any lot, tract or parcel of land, upon which a local improvement assessment has been, or may hereafter be, made, such portion of the assessment or assessments levied or to be levied against such lot, tract or parcel of land in the payment of said local improvement as the Director of Transportation shall certify to be chargeable to such subdivision or subdivisions in accordance with state law.

B. Whenever, on account of the filing of a plat or replat on account of a sale or contract to sell or other proper evidence of the change of ownership of a divided portion of any lot, tract or parcel of land assessed for local improvements, it shall appear to be to the best interest of the City to segregate a local improvement district assessment thereupon, the Director of Transportation is authorized to make the proper certification as provided in this chapter, upon the written application of the owner, approved by the Director of Finance and Administrative Services (( Executive Administration )), and confirmed by the City Council by resolution, and upon payment of the fee hereinafter provided. In all instances it shall be the duty of the Director of Transportation to submit the necessary Resolution for Segregation for City Council approval. A fee of (( Sixty Dollars ( ))$60(( .00) )) shall be charged for each tract of land for which a segregation is to be made together with a fee of (( Ten Dollars ( ))$10(( .00) )) per description for each description added to the assessment roll, to defray the cost of the engineering and clerical work involved. Such fees shall be paid to the Director of Finance and Administrative Services (( Executive Administration )) and shall be deposited in the General Fund.

C. Upon receipt of a certified copy of a resolution of the City Council authorizing segregation, the Director of Finance and Administrative Services (( Executive Administration )) shall enter the segregation, together with the amount of the bonded interest with respect thereto, upon the assessment records and, upon payment thereof, together with any penalties accruing according to law and any additional interest due with respect to the segregated portion, give a proper receipt; provided, that this chapter shall not authorize the segregation of any assessment which has been delinquent for a period of two (( (2 ) ))years or more, or in any case where it appears that the property, when or as already divided according to the requested segregation, is not or would not be of sufficient value, or is not or would not be in such condition or title, as to provide adequate security for the payment of the total amount of the unpaid assessment, penalties, interest and costs charged or chargeable against the undivided whole. In such instance, upon a recommendation by the Director of Finance and Administrative Services (( Executive Administration )), the City Council shall determine such question of fact. No segregation of any assessment on unplatted lands or large platted tracts shall be made until a plat thereof has been furnished to the Director of Transportation by the applicant, showing that the proposed segregation of property will conform to the system of streets as platted in adjacent territory. In all such instances, upon a recommendation by the Director of Transportation, the City Council shall determine such question of fact.

Section 286. Section 20.04.290 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.04.290 Cancellation of assessment -Release of assessment lien.

The Director of Finance and Administrative Services (( Executive Administration )) is authorized to cancel on the books and records of a local improvement district the assessment or an installment of an assessment, interest and penalties imposed by or for the district when:

A. The amount due shown on the district's books and records has been found to be void by a final judgment of a court with jurisdiction over the local improvement district;

B. RCW 35.50.050, which limits the time for commencing foreclosure proceedings, bars a foreclosure action to enforce the payment;

C. King County has resold the property to pay property taxes, the resale is free and clear of the assessment lien, and pursuant to RCW 35.49.160, the City has received or will receive from the proceeds of the county sale such funds as are due to the district; or

D. The City Attorney by written opinion advises the Director of Finance and Administrative Services (( Executive Administration )) that the assessment, interest or penalty to be cancelled is void or that the law otherwise prevents its collection.

Upon cancellation of an assessment, interest or penalty, the Director of Finance and Administrative Services (( Executive Administration )) may release the assessment lien upon the property to secure the payment which was cancelled. A release affects only the payment(s) or liens named in the release document and does not release other payments or other liens upon the same property of other local improvement districts respectively.

Section 287. Section 20.08.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.08.030 Issuance and payment of warrants or checks.

In order to effectuate the purposes of this chapter, the Director of Finance and Administrative Services is authorized to from time to time (( direct the Director of Executive Administration )) to draw and pay warrants drawing interest at a rate not to exceed (( six ( ))6 (( ) ))percent on the Local Improvement Guaranty Fund for the purposes contemplated in Section 20.08.010; provided, that such warrants shall at no time exceed (( five ( ))5 (( ) ))percent of the outstanding bond obligations guaranteed by the fund. Warrants on the Local Improvement Guaranty Fund shall be numbered serially in the order of their issuance. If the Local Improvement Guaranty Fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration in consultation with the Director of Finance )) may elect to make payment by check.

Section 288. Section 20.08.040 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

20.08.040 Defaulted interest coupons, bonds or warrants.

A. As among the several issues of bonds or warrants guaranteed by the fund, no preference shall exist, but defaulted interest coupons, bonds and warrants shall be purchased out of the fund in the order of their presentation. Whenever any defaulted interest coupons, bonds or warrants shall be presented to the (( City Finance )) Director of Finance and Administrative Services for purchase, if the outstanding warrants against the Local Improvement Guaranty Fund (including the amount of the coupons, bonds or warrants so presented) do not then exceed (( five ( ))5 (( ))) percent of the outstanding bond obligations guaranteed by the fund, the (( City Finance )) Director of Finance and Administrative Services shall examine such coupons, bonds or warrants and if satisfied that the same are guaranteed by such fund he shall receive and keep such coupons, bonds or warrants, issuing his or her receipt therefor to the holder of the same, together with a warrant upon the Local Improvement Guaranty Fund in the amount thereof. Warrants so issued shall be paid from the Local Improvement Guaranty Fund in the order of their serial numbers.

B. If at the time any defaulted interest coupons, bonds or warrants are presented for purchase the warrants upon the Local Improvement Guaranty Fund then outstanding (including the amount of the coupons, bonds or warrants so presented) shall exceed (( five ( ))5 (( ) ))percent of the outstanding bond obligations guaranteed by the fund, the (( City Finance )) Director of Finance and Administrative Services shall examine such coupons, bonds or warrants and if satisfied that the same are guaranteed by such fund he or she shall issue to the holder a presentation certificate describing such coupons, bonds or warrants and showing the date and time of the day when the same were so presented for purchase, and the name and address of the holder thereof. Such presentation certificate shall be issued and numbered serially in the order of the presentation for purchase of defaulted interest coupons, bonds or warrants by the respective holders thereof. Whenever the amount of outstanding warrants against the Local Improvement Guaranty Fund shall be retired in an amount sufficient to authorize the issuance of a warrant upon the fund for the purchase of the coupons, bonds or warrants described in any presentation certificate it shall be the duty of the (( City Finance )) Director of Finance and Administrative Services to notify the holder of such presentation certificate by mail at the address stated in the presentation certificate; and upon presentation to him of the presentation certificate, together with the coupons, bonds or warrants described therein, the (( City Finance )) Director of Finance and Administrative Services shall receive and keep such coupons, bonds or warrants, issuing his receipt therefor together with his or her warrant upon the Local Improvement Guaranty Fund covering the same. Such warrants shall be issued in the order of the serial numbers of the presentation certificates.

Section 289. Section 20.12.080 of the Seattle Municipal Code, last amended by Ordinance 121574, is amended as follows:

20.12.080 Administration by City officials.

A. The (( City )) Director of Transportation shall administer the deferral of collection of assessments, except such duties as are assigned by this chapter or by law to other City officials. The (( City )) Director of Transportation shall have the power and authority to:

1. Give notice to property owners of the availability of ordinance procedures for deferral of collection of assessments;

2. Accept and process applications for deferral of collection of assessments, and amendments thereof as appropriate;

3. Conclude with the persons responsible for payment of an assessment an agreement setting the terms and conditions consistent with this chapter and state law, including, on request and at his or her discretion, without extra charge, provision for billing and payment of installment on a monthly or quarterly basis;

4. Secure execution and filing of any necessary instruments, and, upon notice from the Director of Finance and Administrative Services (( Executive Administration )), note satisfaction thereof;

5. Terminate the deferral of collection of assessments upon occurrence of conditions that render the assessment or installments thereof due and payable;

6. Recommend to the Director of Finance and Administrative Services (( Executive Administration )) the amounts to be paid from the Local Improvement Guaranty Fund to the fund of such local improvement district upon the making of such deferral;

7. Take such other actions as necessary and appropriate to administer this chapter in accordance with RCW 35.43.250, 35.49.010, 35.50.050, and 35.54.100. The agreement with the person responsible for an assessment setting forth the terms and conditions of deferral of collection of the assessment shall be recorded with (( the )) King County (( Office of Records and Elections ))and transmitted to the City Clerk, and a copy thereof to the Director of Finance and Administrative Services (( Executive Administration )). All records retained by the Director of Transportation containing the application and information received in processing an application shall be kept confidential.

B. The Director of Finance and Administrative Services (( Executive Administration )) shall draw such warrants upon the Local Improvement Guaranty Fund as necessary and appropriate to make payments to the local improvement district fund for assessments, the collection of which has been deferred, and shall report annually to the City Council (( and the Director of Finance ))about the amount of payments made from the Local Improvement Guaranty Fund for assessments or installments deferred pursuant to this chapter and RCW 35.43.250, 35.50.050, and 35.50.100, as now existing or hereafter amended; the current balance in such fund and outstanding obligations guaranteed by such fund. If the Local Improvement Guaranty Fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 290. Section 20.20.020 of the Seattle Municipal Code as last amended by Ordinance 35083 is amended as follows:

20.20.020 Establishment of new grade -Survey by Seattle Department of Transportation (( Board of Public Works )).

Whenever the City shall establish or shall have established the grade of any street or streets, alley or alleys, at a higher elevation than any private property abutting thereon, thereby rendering the drainage of such private property or any part thereof impracticable without the raising of the surface of such private property, or whenever the surface of any private property in the City shall be so low as to make sanitary drainage thereof impracticable, the City Council may determine by resolution that a fill of such private property is necessary as a sanitary measure. The Council shall in such resolution direct the Seattle Department of Transportation (( Board of Public Works )) to make the necessary surveys of the district proposed to be improved and the necessary plans and specifications for such improvement, and to submit, within (( twenty ( ))20(( ) )) days after the first publication of such resolution, a report to the City Council to be filed with the City Clerk giving a description of the property proposed to be improved by such fill, the grade to which it is necessary to fill the same and the estimated cost thereof.

Section 291. Section 20.20.030 of the Seattle Municipal Code as last amended by Ordinance 35083 is repealed.

Section 292. Section 20.38.010 of the Seattle Municipal Code as last amended by Ordinance 120181 is amended as follows:

20.38.010 Definitions.

When used in this chapter:

A. "Apprentice labor hours" means the total hours required to be worked by apprentices on the public works project.

B. "Director" means the Director of Finance and Administrative Services (( Executive Administration )) or his or her designee.

C. "Labor hours" means the total hours of workers receiving an hourly wage who are directly employed on the site of the public works project. "Labor hours" shall include hours performed by workers employed by the contractor and all subcontractors working on the project. "Labor hours" shall exclude hours worked by foremen, superintendents, owners and workers who are not subject to prevailing wage requirements.

Section 293. Section 20.38.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.38.020 Powers.

The Department of Finance and Administrative Services (( Executive Administration )) shall be responsible for the implementation and administration of this chapter and is authorized to develop and adopt rules consistent with the requirements of this chapter. The Director (( Department of Executive Administration )) shall establish contract specification language to implement the apprenticeship requirement, which may change from time to time. The (( Department of Executive Administration )) Director shall develop and implement a system for monitoring the actual use of apprentices on public works projects.

Section 294. Section 20.40.010 of the Seattle Municipal Code, last amended by Ordinance 121720, is amended as follows:

20.40.010 Small public works -Department authority to execute contracts.

Notwithstanding the provisions of Chapters(( 3.04 )) 3.39 and 20.60, the Director of Finance and Administrative Services (( Executive Administration )) may authorize other departments to administer and execute public works contracts that are less than or equal to (( Five Thousand Dollars ($5,000) )) $7,000 in 2010 . This amount shall be adjusted pursuant to and be equal to the dollar limit for direct vouchers resulting from the application of subsection 20.60.140 . (( ))B to direct vouchers. Such departments shall comply with all state laws and City ordinances governing public works contracts.

Section 295. Section 20.40.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.40.020 Small Works Roster.

The Director of Finance and Administrative Services (( Executive Administration )) shall establish and administer a Small Works Roster for use on City of Seattle public works projects that meet the requirements of Revised Code of Washington (RCW) 39.04.155 and 35.22.620, as now or hereafter amended. The Director (( of Executive Administration ))shall adopt rules and regulations regarding procedures for the use of the Small Works Roster. The Director (( of Executive Administration )) may also execute interagency agreements or other contractual documents as required to establish such a Small Works Roster.

Section 296. Section 20.42.020 of the Seattle Municipal Code, last amended by Ordinance 121722, is amended as follows:

20.42.020 Definitions.

For the purposes of this chapter:

A. "Affirmative Efforts" means documented reasonable attempts in good faith to contact and employ women and minorities and to contact and contract with Women and Minority Businesses.

B. "Availability" or "Available" as used in this chapter means a business that is: interested in and Capable of performing the item of work in question; and able to perform the work within the time frame required by the bid specifications or request for proposals or qualifications.

C. "Capability" or "Capable" as used in this section means that a business appears able to perform a Commercially useful function on the item of work in question.

D. "Commercially useful function" means the performance of real and actual services in the discharge of any contractual endeavor.

E. "Contract" means an agreement for: public works; consulting as set forth in Chapter 20.50; or supplies, material, equipment or services as set forth in Chapter 20.60((.100 et seq) ).

F. "Contract awarding authority" means the City officer, department, commission, employee, or board authorized to enter into or to administer Contracts on behalf of the City.

G. "Contractor" means a business that has a Contract with the City.

H. "Department" means the Department of Finance and Administrative Services (( Executive Administration )).

I. "Director" means the Director of (( the Department of )) Finance and Administrative Services (( Executive Administration )).

J. "Women or Minority Business" means a business that is at least (( fifty-one ( ))51 (( ) )) percent owned by women and/or minority (including, but not limited to, African Americans, Native Americans, Asians, and Hispanics) group members.

Section 297. Section 20.45.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.45.010 Definitions.

For the purposes of this chapter:

A. "Contract" means a written agreement (( contract )) for public works as defined in RCW 39.040.010 , consulting as defined in Section 20.50.010 , or supplies, material, equipment , or services as (( set forth )) defined in Chapter 20.60(( .100 SMC Section 3.38.800 et seq., estimated to cost Thirty-three Thousand Dollars ($33,000) or more in 1999 )) estimated to cost $44,000 or more in 2010 dollars , (( consistent with the competitive threshold requirements of, )) and as adjusted pursuant to, (( Seattle Municipal Code)) Section( s ) 20.50.120 . ((3 .38.940 and 3.114.140. ))

B. "Contract awarding authority" means the City officer, department, commission, employee, or board authorized to enter into or to administer contracts on behalf of the City.

C. "Department" means the Department of Finance and Administrative Services (( Executive Administration )).

D. "Director" means the Director of Finance and Administrative Services (( Executive Administration )).

E. "Domestic partner" means any person who is registered with his/her employer as a domestic partner, or, in the absence of such employer-provided registry, is registered as a domestic partner with a governmental body pursuant to state or local law authorizing such registration. Any internal employer registry of domestic partnership must comply with criteria for domestic partnerships specified by rule by the Department.

F. "Employee benefits" means the provision of bereavement leave; disability, life, and other types of insurance; family medical leave; health benefits; membership or membership discounts; moving expenses; pension and retirement benefits; vacation; travel benefits; and any other benefits given to employees, provided that it does not include benefits to the extent that the application of the requirements of this chapter to such benefits may be preempted by federal or state law.

Section 298. Section 20.45.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.45.040 Powers and duties of the Director.

The Director (( of Executive Administration )) shall have the power to:

A. Adopt rules and regulations, in accordance with this chapter and (( the Administrative Code of The City of Seattle ( ))Chapter 3.02 (( ) )), establishing standards and procedures for effectively carrying out this chapter;

B. Determine and impose appropriate sanctions and/or liquidated damages for violation of this chapter by contractors including, but not limited to:

1. Disqualification of the contractor from bidding on or being awarded a City contract for a period of up to five (( (5) ))years, and

2. Contractual remedies, including, but not limited to, liquidated damages and termination of the contract;

C. Examine contractor's benefit programs covered by this chapter;

D. Impose other appropriate contractual and civil remedies and sanctions for violations of this chapter;

E. Allow for remedial action after a finding of noncompliance, as specified by rule;

F. Perform such other duties as may be required by ordinance or which are necessary to implement the purposes of this chapter.

Section 299. Section 20.48.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.48.030 Funds to be available before entering into contract.

Before the construction of any public work or improvement, or any part thereof, either by contract or by day labor, is authorized or begun under the direction and general supervision of the Director of Finance and Administrative Services (( Executive Administration )), said Director shall obtain from the head of the City department for which such work is to be undertaken, such department head's certification that sufficient funds have been appropriated to cover the full cost and expense of completing the desired public work or improvement (which appropriations shall be identified, by ordinance number and, where appropriate, by Capital Improvement Project number, in such certification). No contract shall be entered into, nor shall the construction of such work or improvement, or any part thereof, be undertaken by said Director, unless there is a balance in the appropriation sufficient to cover such cost and expense. For contracts executed pursuant to Chapter 39.10 RCW, the Director or department head is authorized to enter into contracts without such certification, provided that no phase of any public work may be started unless sufficient funds have been appropriated to cover the full cost and expense of completing that phase.

Section 300. Section 20.48.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.48.040 Filing of statement of contract amount.

Whenever the Director of Finance and Administrative Services (( Executive Administration )) shall award any contract for any public work or improvement, or any part thereof, or shall have determined to make such public work or improvement, or any part thereof, by day labor under such official's management, the Director shall forthwith file a statement of the amount of such contract or the estimated cost of such work, and shall enter such amount upon the books in his or her office as a preliminary charge against the appropriation made to cover the cost and expense of such work or improvement.

Section 301. Section 20.48.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.48.060 Contracts in violation -Voidable.

Any contract entered into, or any obligation against the City incurred by the Director of Finance and Administrative Services (( Executive Administration )) in violation of the provisions of Sections 20.48.030, 20.48.040, or 20.48.050 shall be voidable at the option of the City.

Section 302. Chapter 20.49 of the Seattle Municipal Code is repealed.

Section 303. Section 20.50.010 of the Seattle Municipal Code, last amended by Ordinance 121722, is amended as follows:

20.50.010 Definitions.

The words defined in this section shall have the meanings set forth below whenever they appear in this chapter, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section or provision:

A. "Consultant" means any Person that by experience, training and education of the principals, officers or employees thereof has established a reputation or ability to perform specialized activities on a discrete, nonrecurring basis over a limited and pre-established term, as an independent contractor, delivering or providing for a monetary or other consideration, advice, recommendations(s), report(s), analysis(es), evaluation(s), audit(s), survey(s), or other products of cognitive processes or expert or professional services including but not limited to services from any attorney, architect, accountant, public relations advisor, dentist, physician, surgeon, psychiatrist, psychologist, veterinarian, engineer, surveyor, appraiser, planning consultant, investment counselor, and actuary; provided, that the following shall not be deemed a "Consultant":

1. Any provider of services appropriate for a service contract pursuant to (( SMC )) Ch apter (( . )) 20.60, Subchapter II, as amended;

2. Any expert witness retained by the Law Department in connection with anticipated or actual litigation, or by the City Council in connection with any hearing on the nomination or appointment of any individual as a municipal officer; and

3. Any person retained for legal advice when, in the determination of the Law Department, a public solicitation process would likely adversely affect the City's legal interests or the attorney-client relationship.

B. "Contract" means and includes all types of agreements between or among the City and one (( (1) ))or more Consultants, regardless of the form of the agreement, for the procurement of Consultant services, and amendments thereto.

C. "Department" means any City department, office, board, commission, council, agency or other administrative or operating part of the City, and any division or part or combination thereof.

D. "Director" means the Director of Finance and Administrative Services (( Executive Administration )).

E. "Estimated to cost" means the anticipated charges for all activities that a Consultant agrees to perform pursuant to Contract and the anticipated charges for all additional specialized activities to be performed by the Consultant under all renewals, extensions, and amendments of the Contract and under subsequent stages of the same project.

F. "Person" means individuals, businesses, associations, sole proprietors, partnerships, corporations, or limited liability companies.

Section 304. Section 20.50.030 of the Seattle Municipal Code as last amended by Ordinance 121722 is amended as follows:

20.50.030 Advertising of need for Consultant services.

A. This section shall apply to any proposed Contract for Consultant services estimated to cost (( Twenty Thousand Dollars ($20,000) )) $44,000 or more in 2010 dollars as adjusted pursuant to Section 20.50.120, other than Contracts to Consultants on a Consultant roster.

B. Departments shall advertise for Consultant services in the City's official newspaper for at least two (( (2) ))days (which need not be consecutive). Such advertisements shall include in general terms at least a description of the services sought, the name of the concerned Department, the name and telephone number of a representative of the Department from whom additional information may be obtained, and an indication that the selection of the Consultant is subject to applicable laws and ordinances regarding equal employment opportunity.

C. Solicitations for placement on a Consultant roster shall be advertised in the same manner and with as much of the information described in subsection B of this section as practical. The Director shall determine the frequency of the solicitation advertisements for placement on a consultant roster.

Section 305. Section 20.50.040 of the Seattle Municipal Code as last amended by Ordinance 121722 is amended as follows:

20.50.040 Consultant selection.

A. This section applies to Contracts estimated to cost (( Twenty Thousand Dollars ($20,000) )) $44,000 , or more in 2010 dollars as adjusted pursuant to Section 20.50.120.

B. The selection of Consultants shall be based upon evaluation criteria relevant to the services to be provided. Departments shall select Consultants based on factors including, but not limited to, their competence and qualifications for the type of services to be provided, the consideration the City will pay for such services (except for services under Chapter 39.80 RCW), and the affirmative action/equal opportunity record of the Consultant. Departments will provide these criteria and the method by which they will evaluate responses to solicitations.

C. Department heads shall appoint and use a Consultant evaluation committee that should include, where practical, representation by women and minorities. The Consultant evaluation committee shall review the materials submitted by Consultants in response to a solicitation and shall report in writing its recommendations including, where possible, the ranking of the top five (( (5) )) Consultants evaluated. The report shall describe any measurable differences among Consultants evaluated, together with an explanation of the evaluation processes used. Thereafter, such evaluation report shall be filed with the Contract.

D. The Department head shall consider the report and recommendations of the committee in making a final selection. If the Department head chooses not to accept the recommendation of the committee, he or she shall file a written explanation to be retained with the Department's records related to the Contract.

E. Department heads shall make a good-faith effort to rotate the award of Consultant Contracts among Consultants evaluated as being equally qualified and capable of performing the desired services.

F. Departments shall not retain the same Consultant to perform accounting or auditing services and to provide management consulting services during the term of a current Contract or within one (( (1) ))year after completion of a Contract for either type of service.

G. Departments shall not enter into a Contract with any Consultant for performance of services on a retainer basis (whether for a term of years, or from year-to-year, or on another successive arrangement) for more than five (( (5) ))consecutive years. This restriction shall not apply to:

1. A contract for services in connection with a particular project or activity although completion of the assignment may extend for more than five (( (5) ))years;

2. A retainer agreement used to establish eligibility for placement on a roster from which Consultants are selected from time to time for particular assignments; or

3. An agreement implementing a deferred compensation plan for City employees contemplated by 26 USC Section 457.

Section 306. Section 20.50.060 of the Seattle Municipal Code as last amended by Ordinance 121722 is amended as follows:

20.50.060 Required form, terms and conditions of agreements with Consultants.

Every Contract between or among the City and a Consultant shall be in writing and signed by at least one (( (1) ))authorized representative of each contracting party. Each such Contract shall include a specific and detailed description of the scope of work or services to be provided by the Consultant(s) and the products of any sort to be delivered to the City; the maximum amount of compensation to be paid and any other consideration to be provided to the parties to the Contract, together with a description of the timing and method(s) of such payment and any retainage to be held; the dates the Contract is effective and is to expire; all equal employment opportunity, women's and minority business enterprise, and affirmative action provisions required by law, ordinance, rule or regulation to be included in such Contract; the authority of the City to audit the Consultant's books and records with respect to the services to be provided, costs thereof, and compensation paid therefor; and any appropriate or required funding or other provision. All such Contracts (( providing compensation of a value of Twenty Thousand Dollars ($20,000) or more )) shall be subject to review by the City Attorney, for, among other things, form; the specificity of descriptions of work to be performed for and products or results to be delivered to the City; and liability, insurance, indemnification, and bonding provisions.

Section 307. Section 20.50.110 of the Seattle Municipal Code as last amended by Ordinance 121722 is amended as follows:

20.50.110 Establishment and operation of rosters.

These provisions apply to the establishment, maintenance, and use of Consultant rosters:

A. Establishment and Duration.

1. The Director, in conjunction with participating Departments, shall establish Consultant rosters based on the different consultant skills or services that the City is likely to need during the effective time of the Consultant rosters.

2. The Director, in conjunction with participating Departments, shall issue Requests for Qualifications ("RFQ(s)") to establish Consultant rosters for use by any Department. At a minimum, the RFQ shall describe the skills or services needed by the City; the minimum qualifications to be placed on the particular Consultant roster; the roster contract dollar limits; the expected duration of the roster, if known; standard contract terms and conditions, if any; and a description of the process to be used for selecting Consultants off of the roster.

3. A Consultant roster shall remain in effect until such time as the Director determines it is in the best interests of the City to disestablish the roster. Departments may petition for the establishment or disestablishment of a roster, or a roster category where the existing rosters or roster categories do not meet the needs of the Department.

B. Opportunities for Small Business. Whenever (( fifteen ( ))15(( ) )) or more Consultants qualify as "small business concerns" in a single roster category, the category shall consist only of those Consultants who are eligible to be classified as a "small business concern." If (( fourteen ( ))14(( ) )) or fewer such Consultants are qualified, Consultants for that roster category shall be selected without regard to their eligibility under the small business criteria. A Consultant may evidence its qualification as a "small business concern" by:

1. Showing its qualification as a Small Business under the Small Business Act of the United States, 15 USC Section 632, and its implementing regulations, 13 CFR Part 121 or any successor legislation or regulations; or

2. Showing certification as defined in any City program designed to encourage the utilization of small businesses.

C. Limitations.

1. A Department may contract with the Consultants on the roster for projects estimated to cost no more than (( Two Hundred Thousand Dollars ($200,000) )) $260,000 in 2010 dollars except as may be adjusted (( in )) pursuant to subs (( S ))ection 20.50.110 . C2.

2. A Department may amend any roster Contract for additional work related to the original roster Contract up to a total Contract amount of (( Two Hundred Fifty Thousand Dollars ($250,000 ))) $325,000 in 2010 dollars .

3. Each Department may only use a certified roster Consultant up to a maximum amount of (( Four Hundred Thousand Dollars ($400,000) )) $520,000 per year in 2010 dollars , per roster category.

D. Deletion From a Roster. The Director may delete a Consultant from the City's certified roster program at his or her discretion.

E. Adding to a Roster. During the existence of a roster, the Department of Finance and Administrative Services (( Executive Administration )) will perform, with assistance as needed from participating Departments, ongoing evaluations of any new Consultant application to a roster. All Consultants found to be qualified for a Consultant roster category will be added to that roster, except as a roster category may be limited to small businesses and except as a Consultant may be removed from the roster at the discretion of the Director.

F. Use of Roster Consultants Not Required. Placement on a Consultant roster makes a Consultant eligible for consideration and possible selection by a participating Department for providing services. Placement on a roster does not guarantee any Consultant any Contract for any amount. In addition, the City reserves the power to amend or repeal this chapter and to change or discontinue the roster system at any time.

G. Evaluation Criteria. Consultants shall be evaluated for placement on a roster on the basis of the ability of the Consultant to perform the work or service that the roster category was created for and to meet the minimum qualifications set forth in the request for qualifications.

Section 308. Section 20.50.120 of the Seattle Municipal Code as last amended by Ordinance 121722 is further amended as follows:

20.50.120 Escalation of dollar limitations.

All monetary amounts referenced in this chapter shall be (( annually )) adjusted annually (( hereafter ))by the Director(( , immediately )) following publication of the preceding year's annual Consumer Price Index . Monetary amounts shall be adjusted by the preceding year's percentage change in the annual Consumer Price Index for all urban consumers (CPI-U) Seattle-Tacoma-Bremerton , WA metropolitan area, All Items, (1982-84 = 100), or a successor index thereto, as determined by the U.S. Department of Labor, Bureau of Labor Statistics. The intent of this adjustment is to eliminate the effects of inflation or deflation on purchasing power and the authority granted by this chapter. All such monetary amounts, as adjusted, shall be rounded upwards to the nearest thousand dollars.

Section 309. Section 20.50.130 of the Seattle Municipal Code as last amended by Ordinance 121722 is further amended as follows:

20.50.130 Retention of expert witnesses and legal counsel.

(( A. )) In retaining any provider of legal advice or any expert witness in connection with anticipated or actual litigation, the Law Department, consistent with the City's legal interests, shall make reasonable efforts in good faith to contact and retain women and minorities, notwithstanding any other provision of this chapter.

(( B. The Law Department shall report back to the Finance and Budget Committee of the Seattle City Council once per year in 2006 and 2007 the number of times that it has retained any person for legal advice without a public solicitation process as permitted under Section 20.50.010 A 3 of this chapter. ))

Section 310. Section 20.60.100 of the Seattle Municipal Code, last amended by Ordinance 121720, is amended as follows:

20.60.100 Purchasing powers.

Except as otherwise provided in this subchapter, the Director (( of Executive Administration )) shall purchase, sell or transfer, contract for, rent or lease all supplies, materials, equipment, and services other than expert and consultant services needed by various departments of the City government, referred to in this subchapter as "using" agencies; provided, that the Director (( of Executive Administration ))is authorized to enter into cooperative and/or joint agreements with any state or governmental agency or subdivision thereof, or any other governmental unit or any public benefit nonprofit corporation for the purchase of such supplies, materials, equipment, and services under the purview of this chapter; provided, further, that such public benefit nonprofit corporation is an agency that is receiving local, state, or federal funds either directly or through a public agency; provided, further, that purchases made pursuant to any such agreement shall be separately invoiced to the respective purchasers in accordance with the purchases made by each; and provided, further, that each such purchaser shall be responsible for payment for its own purchases only. Purchases made for the City under a purchasing contract executed by a state, or agency or subdivision thereof, or by another governmental unit or public benefit nonprofit corporation shall be exempt from the competitive bidding and related requirements of Section 20.60.106.

Section 311. Section 20.60.101 of the Seattle Municipal Code, last amended by Ordinance 121720, is amended as follows:

20.60.101 Definition.

As used in this subchapter, "Director" shall mean the Director of Finance and Administrative Services (( Executive Administration )).

Section 312. Subsection 20.60.106.A of the Seattle Municipal Code, as last amended by Ordinance 121720, is further amended as follows

20.60.106 Competitive bidding(( -Cost over $30,000 )).

A. Except in emergencies provided for in this subchapter, all expenditures for supplies, materials, equipment, and services within the purview of this subchapter the estimated cost of which is in excess of $44,000 (( Thirty Thousand Dollars ($30,000) )) per requisition in 2010 dollars shall be made on written contract entered into upon the basis of competitive bids and are subject to the preferences provided by (( SMC )) Section 20.60.210. Notices inviting sealed competitive bids shall be published at least once in the City official newspaper, and at least five (( (5) ))calendar days must intervene between the date of the last publication and the final date for submitting the bids; provided, that purchases of patented or proprietary items available from a single source, or purchases or contracts for services within the purview of this subchapter where competitive bidding is deemed impracticable by the Director, shall be exempt from the competitive bidding requirements of the section; provided, further, that the purchase of supplies, materials, and equipment to be resold by the using agency may be negotiated for by the Director when, in his or her judgment, the lowest and best price can be obtained by such negotiation.

Section 313. Section 20.60.110 of the Seattle Municipal Code as last amended by Ordinance 121720 is amended as follows:

20.60.110 Expenditures under (( $30,000. )) the competitive threshold

All expenditures for supplies, materials, equipment, and services within the purview of this subchapter below the competitive threshold in Section 20.60.106 (( the estimated cost of which will not exceed Thirty Thousand Dollars ($30,000) ))per requisition may be made in the open market; provided, that to the extent possible, the Director or his or her designated representative shall endeavor to obtain from prospective vendors at least three (( (3) ))competitive bids, and shall award such purchase to the lowest and best bidder, subject to the preferences provided by (( SMC) ) Section 20.60.210 . The Director or his or her designated representative may, in his or her discretion, determine the lowest and best bidder for expenditures under (( Thirty Thousand Dollars ($30,000) per requisition )) this threshold by the same criteria as used for larger purchases. When the Invitation to Bid so specifies, and if sufficient life cycle cost information is readily available, the Director shall consider the life cycle cost in determining the lowest and best bidder in accordance with the Invitation to Bid.

Section 314. Section 20.60.112 of the Seattle Municipal Code as last amended by Ordinance 121720 is amended as follows:

20.60.112 Open market purchases where bidding is impractical.

The Director or his or her designated representative may secure in the open market without bids any supplies, materials, equipment, or services within the purview of this subchapter, the cost of which will not exceed (( Five Thousand Dollars ($5,000) )) $7,000 per item in 2010 dollars , when the delay and expense of handling bids on small purchases would not be advantageous to the City. The Director may delegate any or all of the powers in this section to other departments at his or her discretion.

Section 315. Section 20.60.140 of the Seattle Municipal Code as last amended by Ordinance 121720 is amended as follows:

20.60.140 Escalation of dollar limits.

A. (( As of January 1, 1997, a )) A ll monetary amounts specified in Sections 20.60.106 and 20.60.110 shall be(( annually )) adjusted annually hereafter by the Director, consistent with the formula described in (( SMC )) Section 20.50.120 for adjustment of the consultant selection threshold, so that the thresholds for competitive bidding for purchases and (( the )) consultant selection (( threshold )) are maintained at the same amount.

B. (( As of January 1, 1997, t )) T he monetary amounts specified in Section 20.60.112 shall be adjusted every five (( (5) ))years by the Director (( immediately )) following publication of the preceding year's annual Consumer Price Index . Monetary amounts shall be adjusted by the percentage change for the five year period ending in the preceding year in the annual Consumer Price Index for all urban consumers (CPI-U) Seattle-Tacoma -Bremerton, WA metropolitan area, All Items (1982-84 = 100), or a successor index thereto, as determined by the U.S. Department of Labor, Bureau of Labor Statistics, to eliminate the effects of inflation or deflation on purchasing power and the authority granted by this subchapter. Such monetary amount, as adjusted, in Section 20.60.112 shall be rounded upwards to the nearest (( T )) t housand(( Dollars ($1,000) )).

Section 316. Section 20.60.206 of the Seattle Municipal Code, last amended by Ordinance 121720, is amended as follows:

20.60.206 Annual report.

The Director shall provide an annual report to the City Council each year on the status of buy recycled activities. This report shall include data on the City's purchases of recycled content products, recyclable products, and reusable products. The Director may require periodic reporting by other departments to the Department of Finance and Administrative Services (( Executive Administration )) for the purpose of developing this report.

Section 317. Section 20.70.010 of the Seattle Municipal Code, last amended by Ordinance 121723, is amended as follows:

20.70.010 Purpose.

The Director of (( the Department of )) Finance and Administrative Services (( Executive Administration )) has the authority to debar contractors to prevent them from entering into certain contracts with the City of Seattle as described in this Chapter.

Section 318. Section 20.70.020 of the Seattle Municipal Code, last amended by Ordinance 121723, is amended as follows:

20.70.020 Definitions.

Terms used in this Chapter shall have the following definitions unless otherwise defined, or unless the context in which the term is used clearly indicates to the contrary.

A. "Contracting Authority" means the Department of Finance and Administrative Services (( Executive Administration )) or any City Agency to which the City Council or the Department of Finance and Administrative Services (( Executive Administration )) has delegated the authority to enter into contracts.

B. "Contract" means a contract for public work as that term is defined in RCW 39.040.010, a purchasing contract as provide d for in (( SMC )) Section 20.60.100 et seq., or a consultant contract as provided for in (( SMC) )Ch apter (( . )) 20.50.

C. "Contractor" means a person, association, partnership, corporation or other legal entity that has performed services for the City under a Contract.

D. "Date of Service" means the day a Contractor receives actual service, or if served by certified mail, the date noted as the date of receipt by the U.S. Postal service.

E. "Debarment Authority" means a person to whom the Director (( of Executive Administration )) has delegated the authority to perform any of the duties set forth in this Chapter.

F. "Debar," "Debarred," or "Debarment" means to forbid a Contractor from entering into any Contract with the City or to act as a subcontractor on a Contract with the City.

G. "Director" means the Director of (( the Department of )) Finance and Administrative Services (( Executive Administration )).

H. "Notice Protest" means a written response to or contest of the Notice of Debarment.

I. "Notice of Debarment" means the document reflecting the preliminary determination by the Director that a Contractor should be Debarred.

J. "Notice of Investigation" means a document reflecting the initiation of a Debarment investigation.

K. "Order of Debarment" means the document reflecting the decision by the Director to Debar a Contractor.

Section 319. Section 20.70.050 of the Seattle Municipal Code, last amended by Ordinance 121723, is amended as follows:

20.70.050 Procedures.

A. Notice of Investigation. The Director or any Contracting Authority may initiate an investigation of a Contractor. The Director or Contracting Authority shall notify the Contractor in writing that an investigation has been initiated and the allegations that form the basis for the investigation. The Notice of Investigation shall be either personally served or sent by certified mail. The Contractor shall have (( twenty-one ( ))21(( ) ) days from the Date of Service of the notice of investigation and allegations on the Contractor to file an answer to the allegations.

B. Investigation Results. The results of the investigation shall be in writing and shall state, at a minimum, the allegation(s), the conclusion(s) reached regarding the allegation(s), the facts upon which the conclusion(s) are based, and the investigator's recommendation, including a recommended length of Debarment, if any. If the investigator is a Contracting Authority, it shall forward the results of the investigation to the Director. The Director shall personally serve or send by certified mail, the results of the investigation to the Contractor.

C. Findings and Notice of Debarment. The Director shall consider both the results of the investigation and the Contractor's answer, if any, to the allegation(s). The Director shall make a preliminary determination on whether the Contractor should be Debarred within six (( (6) ))months of the Date of Service of the Notice of Investigation and provide the Contractor with findings, or the matter will be dismissed, unless the Director provides notice to the Contractor that there is good cause to extend the period of investigation for an additional specific period of time. If, after reviewing the results of the investigation and the Contractor's answer to the allegations, the Director determines that a Contractor should be Debarred, the Director shall notify the Respondent of the City's intent to issue an Order of Debarment. The Notice of Debarment shall be in writing, and shall be either personally served or sent by certified mail. The Notice of Debarment shall include:

1. A statement that the City intends to issue an Order of Debarment prohibiting the Respondent from submitting a bid or proposal on a Contract with the City and from acting as a Contractor or subcontractor on a Contract with the City;

2. A statement of the reasons for Debarment, including the allegation(s), the conclusion(s) reached regarding the allegation(s), and the facts upon which the conclusion(s) are based;

3. The proposed length of Debarment; and

4. Information on how the Respondent can contest the Notice.

If the Director determines that the Contractor should not be debarred, the Director shall issue a written determination to that effect.

D. Notice Protest.

1. A Respondent may contest the Notice of Debarment by filing a written Notice Protest with the Director no later than (( fourteen ( ))14(( ) )) calendar days after the Date of Service of the Notice of Debarment. Unless waived by the Director, filing a Notice Protest is an administrative remedy that the Respondent must exhaust before seeking judicial review.

2. If the Respondent does not timely contest the Notice of Debarment, the Director shall issue an Order of Debarment, which shall set forth:

a. The contracting activities from which the Respondent is barred from participating;

b. The length of the Debarment;

c. A brief statement of the facts upon which the Debarment is based; and,

d. A response to any written comments submitted by the Respondent.

3. The Notice Protest must state the reasons why the Respondent alleges the Notice of Debarment is erroneous, provide copies of any documents that support the Respondent's arguments, provide the names and/or sworn written statements of all witnesses that have knowledge of relevant information related to the proposed Debarment, identify any other specific information that supports the Respondent's arguments, and specify a desired remedy.

4. The Contractor may request a hearing to discuss the Notice Protest and, if such request is granted, may discuss only those issues raised in the Notice Protest unless the Director allows otherwise. If a hearing is held, the Department of Finance and Administrative Services (( Executive Administration )) shall have the burden of establishing by a preponderance of the evidence that the grounds exist for an Order of Debarment.

5. The Director shall consider the Notice of Debarment, the Respondent's Notice Protest, and, if a hearing is held, the evidence presented at the hearing. The Director shall issue a final written decision and Order regarding whether the Contractor should be Debarred. If the Director issues an Order of Debarment, that Order shall state:

a. The contracting activities from which the Respondent is barred from participating;

b. The length of the Debarment; and

c. Findings and conclusions upon which the Debarment is based.

The Director's decision shall be the final administrative decision of the City.

L. "Performance Evaluation" means an evaluation conducted by the City of performance under a Contract or as part of any City Contractor performance evaluation program for Contracts.

M. "Respondent" means a Contractor against which the City has initiated Debarment proceedings.

Section 320. Section 20.76.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.020 Acceptance of awards.

If the City Council shall accept the awards for any improvement, or if the time allowed by law for rejecting the same shall have expired, the Director of Finance and Administrative Services (( Executive Administration ))shall notify the Clerk of the Superior Court, the County Assessor and the City Attorney of such acceptance or such expiration of time for rejection.

Section 321. Section 20.76.040 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.040 Mode of "payment by bonds."

In case the City Council shall provide for the payment of special assessments in any such proceeding by the mode of "payment by bonds," it shall specify the term of such bonds, the maximum rate of interest thereon, and shall provide that bonds of such improvement district shall be issued in an amount equal to the sum of the assessments levied for such local improvement, less the amount of such assessments paid in cash into the special fund created for such local improvement during the (( thirty ( ))30(( ) )) day period following the date of the first publication of the notice of collection of the Director of Finance and Administrative Services (( Executive Administration )), and the bonds may be sold and delivered, in such manner as the City Council may by ordinance or resolution direct.

Section 322. Section 20.76.050 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

20.76.050 Sale of bonds.

A. When the mode of "payment by bonds" is adopted for any such improvement, such bonds may be sold and delivered either upon bids or at private sale, as provided in this section. When the sale of such bonds upon bids shall be authorized, the Finance Director of Finance and Administrative Services shall advertise the same for sale in at least one (( (1) ))issue of the official newspaper of the City not less than ten (( (10) ))days prior to the date of sale. The advertisement shall state the approximate amount and date of the bonds, the number of years in which they shall mature and that bids shall be for bonds bearing no greater than (( eight ))8 percent (8%) interest on bonds issued to mature in (( twelve ( ))12(( ) )) years or less and bearing no greater than six percent (6%) interest on bonds issued to mature in (( twenty-two ( ))22(( ) )) years, and that no bid for less than par and accrued interest will be considered. The time and place when and where bids will be received shall also be stated in the advertisement. The (( Finance)) Director shall report all such bids to the City Council, who shall promptly act upon the same. The action of the City Council in accepting any such bids shall be by resolution. Bidders shall bid for such bonds upon forms prepared by the City with the approval of the City Attorney.

B. When the sale of such bonds at private sale shall be authorized, the City Council shall, in the ordinance or resolution authorizing such sale, specify the rate of interest which such bonds shall bear.

Section 323. Section 20.76.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.060 Payment in installments.

Whenever the City shall have sold bonds of any such local improvement district, either upon bids or at private sale, as in this subchapter, the assessments for such improvement shall be payable in installments, and notice thereof shall be given, and the collection and enforcement thereof had as provided by law and this subchapter. In the case of sale upon bids, the City Clerk shall transmit to the Director of Finance and Administrative Services a certified copy of the resolution accepting any such bid, and in the case of sale at private sale the Director of Finance and Administrative Services shall certify that such bonds have been sold, pursuant to the resolution of the City Council directing such sale, and in either case the Director (( of Executive Administration )) thereupon shall proceed with the collection and enforcement of such assessments under the mode of "payment by bonds." As to assessments payable in ten (( (10) ))or less annual installments, the Director (( of Executive Administration )) shall annually extend the installments of principal and interest upon the unpaid balance as shown upon such roll, and as to assessments payable in (( twenty ( ))20(( ) )) annual installments, the Director (( of Executive Administration )) shall for the first ten (( (10) ))years annually extend the installments of interest upon such roll, and for the last ten (( (10) ))years the Director (( of Executive Administration )) shall annually extend the installments of principal and interest upon the unpaid balance as shown upon such roll.

Section 324. Section 20.76.070 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.070 Certificates of purchase.

A. Two (( (2) ))years after the date of delinquency of an assessment payable by the mode of "immediate payment," or of an installment of an assessment payable by the mode of "payment by bonds," it shall be the duty of the Director of Finance and Administrative Services (( Executive Administration )) to proceed to sell the property described in any such local assessment roll for the amount of such delinquent assessment, or installment, together with the penalty and interest accruing to date of sale, and for the costs of the sale; provided, it shall be the duty of the Director (( of Executive Administration )) in the case of the last installment of an assessment payable by the mode of "payment by bonds" to proceed with the sale provided for in this section at the expiration of (( twenty-one ( ))21(( ) )) months from the date of the delinquency of the last installment.

B. Certificates of purchase shall be executed and delivered by the Director of Finance and Administrative Services (( Executive Administration )) to the purchasers at such sale, and assessment deeds shall be executed and delivered by him to the persons thereunto entitled. All steps and proceedings required to be done in connection with such sale, certificates of purchase and assessment deeds shall be had and conducted according to law and this subchapter.

C. When assessments, or installments of assessments, have been delinquent the full period provided by law and ordinances of the City, before which such assessments or installments of assessments are subject to sale, the Director of Finance and Administrative Services (( Executive Administration )) shall certify that there are delinquent and unpaid assessments or installments thereof, giving the district number and installment thereof, if it be an installment roll, ordinance number under which it was created, street name, nature of the improvement and the date of delinquency.

D. The Director of Finance and Administrative Services (( Executive Administration )) shall sell all the property described upon the roll upon which assessments are levied to satisfy all such delinquent and unpaid assessments or installments thereof, together with interest, penalties and costs as provided by law.

E. Such warrant, issued for the purpose of making sale of the delinquent property, shall be deemed and taken as an execution against the property for the amount of the assessments or installments thereof, with interest, penalties and costs.

Section 325. Section 20.76.080 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.080 Special fund.

The City Council shall, by ordinance, create a special fund for each such improvement district to be called "Local Improvement Fund, Condemnation Award, District No. ________," into which shall be placed the proceeds of the sale of bonds for such improvement, all sums paid on account of assessments levied for such improvement including all interest and penalty thereon, and all sums received from rents, profits and income from the property condemned by such proceeding, and from which shall be paid all warrants issued upon transcripts of judgments on awards and all bonds issued for such improvement. Provided, that if the fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration in consultation with the Director of Finance )) may elect to make payment for the cost and expense of the improvement by check.

Section 326. Section 20.76.090 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.090 Issuance of bonds.

At the expiration of (( thirty ( ))30(( ) )) days after the date of first publication of the Executive Administration Director's notice of any such assessments payable in installments, the Director of Finance and Administrative Services (( Executive Administration )) shall record the total amount of the assessment, the total amount paid to him or her to redeem any lots, tracts, or parcels of land, or other property, from the assessment levied thereon, and the total amount unpaid on such assessment; whereupon the Mayor and Director of Finance and Administrative Services shall issue the bonds of such local improvement condemnation award district, in an amount equal to the amount remaining unpaid on the assessment roll as shown by such report. The bonds provided for in this section shall not be issued prior to twenty ()) 20(( ) )) days after the expiration of the (( thirty ( ))30(( ) )) days abovementioned.

Section 327. Section 20.76.110 of the Seattle Municipal Code as last amended by Ordinance 116368 is amended as follows:

20.76.110 Bond registry.

The (( City Finance )) Director of Finance and Administrative Services shall keep in his or her office a register of all such bonds issued. He or she shall enter therein the Local Improvement Fund District number for which the same are issued, and the date, amount and number of each bond and the term of payment.

Section 328. Section 20.76.120 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.120 Warrants or checks -When issued.

The Director of Finance and Administrative Services (( and the Director of Executive Administratio n)) shall issue no warrants or checks for any condemnation awards, interest or costs prior to the acceptance of such awards by the City Council as provided for in Section 20.76.020, but such warrants or checks may be issued at any time thereafter.

Section 329. Section 20.76.130 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.130 Payment of awards, interest and costs.

The proceeds of the sale of bonds issued therefor, together with the proceeds of the collection of special assessments therefor, made during the (( thirty ( ))30(( ) )) day period following the date of the first publication of the Director of Finance and Administrative Services' (( Executive Administration's )) notice of collection, shall be applied by the Director of Finance and Administrative Services (( Executive Administration )) in payment of awards, interest and costs of any judgment in any eminent domain proceedings, and the redemption of any warrants issued in payment of any portion of such judgment. No priority of payment shall exist as between any such warrants and any portion of such judgment, but warrants shall be paid in the order of their issuance; provided, that warrants payable to the General Fund may be held until warrants issued for the payment of awards have been paid. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration in consultation with the Director of Finance ))may elect to make payment by check.

Section 330. Section 20.76.140 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.140 Items of cost.

In preparing the assessment roll to pay the cost and expense of any such condemnation improvement as provided in this subchapter, the Board of Eminent Domain Commissioners shall include the costs and expenses of the proceedings up to the time of the filing of the assessment roll, together with the probable further costs and expenses of the proceedings, including therein a charge against each description of property appearing upon any assessment roll in the following sum: In case of "immediate payment" of assessment, (( One Dollar ( ))$1(( ) )) per description; in case of assessment payable in five (( (5) ))annual installments, the sum of (( Two Dollars ( ))$2(( ) )) per description; in case of assessment payable in ten (( (10) ))annual installments, the sum of (( Three Dollars and Fifty Cents ( ))$3.50(( ) )) per description; in case of assessment payable in (( fifteen ( ))15(( ) )) annual installments, (( Four Dollars and Thirty Cents ( ))$4.30(( ) )) per description; in case of assessment payable in (( twenty ( ))20(( ) )) annual installments of either principal or interest, (( Five Dollars ( ))$5(( ) )) per description, which is the charge for accounting, clerical labor, books and blanks used by the Director of Finance and Administrative Services (( Executive Administration )); provided, however, that when any assessment payable in installments is paid in full within the (( thirty ( ))30(( ) )) day period fixed by law for the payment of assessments without interest, the Director (( of Executive Administration )) shall allow a rebate of the(( Director of Executive Administration's )) charge in this section provided in excess of (( One Dollar ( ))$1(( ) )) per description.

Section 331. Section 20.76.200 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.200 Payment of local improvement assessments against condemned property.

For the purpose of making payment of all local improvement assessments that may exist against any lot, tract or parcel of land which has been condemned for street or other purposes, the Director of Finance and Administrative Services (( Executive Administration )), previous to the issuance of any warrant in payment for property condemned in any condemnation proceeding, shall determine the amount of all unpaid local improvement assessments that may exist against the property, and thereupon two (( (2) ))warrants in favor of the respondents shall be issued on the condemnation fund, one (( (1) ))warrant in the amount of the unpaid assessments which shall be endorsed to the General Fund by the respondent, and one (( (1) ))warrant for the amount of the award less the unpaid assessments. The Director (( of Executive Administration )) shall draw a warrant on the General Fund in favor of the local improvement district or districts entitled thereto for the amount of the unpaid assessments, the General Fund to be reimbursed for the amounts so paid out when sufficient moneys have been paid into the Condemnation Fund to meet the warrant thereon drawn in favor of the General Fund in payment of the assessments as set forth in this section. If the applicable fund is solvent at the time payment is ordered, the Director (( of Executive Administration )) may elect to make payment by check.

Section 332. Section 20.76.230 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.230 Offsetting compensation against damages -Court certificate.

Any person or persons wishing to offset an award of compensation or damages, or both, against any assessment, as provided in Section 20.76.220, shall receipt upon the execution docket of the court in which such award is made, and make satisfaction, on the execution docket, of the amount so sought to be made an offset; and shall procure from the Clerk of the court and present to the Director of Finance and Administrative Services (( Executive Administration )) a certificate under the seal of the court specifying the amount of which satisfaction has been made on the execution docket, the date of such satisfaction, the number and a brief title of the proceeding, including the number of the ordinance under which the proceeding was prosecuted.

Section 333. Section 20.76.240 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.240 Offsetting compensation against damages -Cancellation of assessment roll.

The Director of Finance and Administrative Services (( Executive Administration )), upon receipt of the certificate provided for in Section 20.76.230 is authorized and directed to cancel such assessment upon the assessment roll, to the amount specified in the certificate, making suitable notation thereof upon the assessment roll.

Section 334. Section 20.76.260 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.260 Acceptance of condemnation fund warrants in payment of assessments.

Whenever an owner of property, assessed in a condemnation proceeding of the City, shall desire to make full payment of such assessment prior to date of sale of his or her property for the assessment, the Director of Finance and Administrative Services (( Executive Administration )) is authorized and directed to accept condemnation fund warrants, or parts thereof, in payment of such assessments levied to raise money for the benefit of the particular condemnation fund against or upon which said warrants were issued, and he or she shall treat all of such transactions as cash transactions making proper entry thereof upon City records.

Section 335. Section 20.76.270 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.270 Acceptance of certificates of purchase for delinquent condemnation award assessments.

The Director of Finance and Administrative Services (( Executive Administration )) is authorized and directed to accept the redemption of certificates of purchase issued for delinquent condemnation award assessments and installments thereof, and held in trust by the City for the condemnation award districts, where the last installment of the assessment is two (( (2) ))or more years delinquent, upon the payment of the principal of the certificates of purchase and interest thereon at the rate of (( eight )) 8percent (( (8%) )) per year from date of issuance to date of redemption.

Section 336. Section 20.76.280 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.76.280 Segregation of condemnation assessments.

A. The Director of Finance and Administrative Services (( Executive Administration )) is authorized to collect and receive from any owner or owners of any subdivision or subdivisions of any lot, tract or parcel of land upon which a condemnation assessment has been, or may hereafter, be made, such portion of the assessment or assessments levied or to be levied against such lot, tract or parcel of land in the payment of the condemnation improvement as the (( City )) Director of Transportation shall certify to be chargeable to such subdivision or subdivisions in accordance with state law. Upon receipt of a certified copy of a resolution of the legislative authority authorizing such segregation the Director of Finance and Administrative Services (( Executive Administration )) shall enter such segregation, together with the amount of the bonded interest with respect thereto, upon the assessment records, and upon payment thereof, together with any penalties accruing according to law and any additional interest due with respect to such segregated portion, give a proper receipt; provided that this section shall not authorize the segregation of any assessment which has been delinquent for a period of two (( (2) )) years or more, or in any case where it appears that such property, when or as already divided according to the requested segregation, is not or would not be of sufficient value, or is not or would not be in such condition or title, as to provide adequate security for the payment of the total amount of the unpaid assessment, penalties, interest and costs charged or chargeable against the undivided whole. In such instances, upon a recommendation by the Director of Finance and Administrative Services (( Executive Administration )), the City Council shall determine such question of fact. No segregation of any assessment on unplatted lands or large platted tracts shall be made until a plat thereof has been furnished the (( City )) Director of Transportation by the applicant, showing that the proposed segregation of property will conform to the system of streets as platted in adjacent territory. In all such instances, upon a recommendation by the (( City ))Director of Transportation, the City Council shall determine such question of fact.

B. Whenever, on account of the filing of a plat or replat or on account of a sale or contract to sell or other proper evidence of the change of ownership of a divided portion of any lot, tract or parcel of land assessed in such improvement district, it shall appear to be to the best interest of the City to segregate such assessments, the (( City )) Director of Transportation is authorized to make the proper certification as provided in this section, upon the written application of the owner, approved by the Director of Finance and Administrative Services (( Executive Administration )), and confirmed by City Council resolution, and upon payment of the fee hereinafter provided. In all instances it shall be the duty of the (( City )) Director of Transportation to submit the necessary resolution for segregation for City Council approval.

C. A fee of (( Ten Dollars ( ))$10(( .00) ))shall be charged for each tract of land for which a segregation is to be made together with a fee of (( Five Dollars ( ))$5(( (00) )) per description for each description added to the assessment roll, to defray the reasonable costs of the reasonable engineering and clerical work involved, by such certificate of the (( City )) Director of Transportation, as approved by City Council resolution. Such fees shall be paid to the Director Finance and Administrative Services (( Executive Administration )), and shall be deposited in the General Fund.

Section 337. Section 20.80.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.80.010 Contract for sale of foreclosed property.

The Director of Finance and Administrative Services (( Executive Administration )), is authorized to enter into contracts from time to time for and on behalf of the City for the sale, at not less than the appraised value thereof, determined as provided in Section 20.80.030, or at a price not less than enough to pay all taxes and assessments in full of any real property acquired by the City upon foreclosure of local improvement assessments and of any real property which the City may acquire from King County to protect the lien of any such assessments outstanding against such property, or any part thereof. Any such property shall be sold for cash, or on terms providing for the payment of (( one-fifth ( ))1/5(( ) )) of the purchase price in cash at the time of execution by the purchaser of the contract of sale and the remainder of such price to be paid in installments over a period not exceeding five (( (5) ))years, with interest on deferred payments at the rate of not less than five percent (( (5%) )) per year, or on such terms as may be approved by the City Council. No contract for the sale of any such property shall be valid or binding upon the City unless the same has first been authorized by the City Council by ordinance.

Section 338. Section 20.80.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.80.020 Deposit on purchase of foreclosed property.

The Director of Finance and Administrative Services (( Executive Administration )),is authorized for and on behalf of the City to accept deposits of money amounting to not less than (( five )) 5percent (( (5%) )) of the purchase price of any property proposed to be sold as earnest money and to issue his or her receipt therefor. Any such deposit shall be placed in the Guaranty Deposit Fund, and if the depositor fails, through no fault of the City, to enter into a contract for the purchase of the property involved within ten (( (10) ))days after the Director (( of Executive Administration )) notifies him or her that a duly authorized or approved contract, executed on behalf of the City, is ready for execution on his or her part, such deposit shall be deemed forfeited and become the property of the City, and the amount thereof shall be transferred to the Local Improvement Guaranty Fund. If the depositor enters into such contract within the time mentioned in this section, the amount of the deposit shall be credited upon the purchase price agreed to be paid and shall be transferred to the Fund of the Local Improvement District levying the assessments, and if the district has been closed to the Local Improvement Guaranty Fund. If the City fails, by reason of any fault on its part, to make available for execution by the depositor such contract of sale within (( sixty ( ))60(( ) )) days after the receipt of the deposit, the depositor may, at his option, demand the return of his deposit.

Section 339. Section 20.80.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

20.80.030 Authority to contract with professional realtors.

The Director of Finance and Administrative Services (( Executive Administration )) is authorized on behalf of the City to contract from time to time with professional realtors or real estate appraisers to ascertain for purposes of sale the value of City property acquired in the enforcement and for the protection of local improvement assessment liens, and in such connection the Director (( of Executive Administration )) is authorized to negotiate the terms of such employment, including the fees therefor, payment of which fees shall be charged to the appropriate item in the annual City budget.

Section 340. Subsection E of Section 20.84.030 of the Seattle Municipal Code, which section was last amended by Ordinance 121998, is amended as follows:

* * *

E. City Department Head means the Director or highest administrative official, e.g., the Director of Transportation, Superintendent of Parks and Recreation, (( Fleets and Facilities Director, )) or Director of Finance and Administrative Services , among others, of the City Department having authority over and responsibility for the applicable Program or Project and its costs.

* * *

Section 341. Section 21.04.020 of the Seattle Municipal Code, last amended by Ordinance 121276, is amended as follows:

21.04.020 Connection to water supply system -Application.

Any person desiring to have premises connected with the water supply system of the City shall present at the office of the Seattle Public Utilities a copy of a building permit or a regular certified copy from the Director of the Department of Planning and Development, containing his or her name, description of the lot, block and addition and the official house number of the premises on which water is desired, and shall make application therefor upon a printed form to be furnished for that purpose, which application shall contain the description of the premises where such water is desired, and shall specify the size of service pipe required and shall state fully the purposes for which water is to be used, and shall be signed by the owner of the premises to be served or his duly authorized agent, and shall be filed in the office of the Director, and at the time of filing such application the applicant shall pay to the Director of Finance and Administrative Services (( Executive Administration )) and make his or her receipt therefor, the fees for installation of water service provided in this chapter.

Section 342. Section 21.04.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is further amended as follows:

21.04.050 Connection -City responsibility.

Upon the presentation at the office of the Director of the Director of Executive Administration's receipt for the installation fees and the execution of the contract provided for in Section 21.04.030, the Director shall cause the premises described in the application, if the same abut upon a street in which there is a City water main, to be connected with the City's water main by a service pipe extending at right angles from the main to the property line, except as provided in Sections 21.04.060, 21.04.070, and 21.04.080. The City connection, which shall include a union placed at the end of pipe, and a stopcock placed within the curbline, shall be maintained by and kept within the exclusive control of the City.

Section 343. Section 21.04.260 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.04.260 Accounts to be in name of owner or leaseholder.

A. All accounts for water shall be kept only in the name of the owner of the premises for which service was installed, provided, however, that persons holding under recorded lease may be supplied on their own account, and in such cases the Director may require such deposit of money with the Director of Finance and Administrative Services (( Executive Administration )) of the City as in his or her judgment shall be necessary to protect the City against any and all delinquent and unpaid charges for water or other charges on account of such service. The property owner shall have the right to have water bills mailed to a tenant, or agent, but this shall not relieve the property from liability for water charges incurred.

B. The Director of Seattle Public Utilities may establish and collect charges based on actual costs, for special meter readings ordered in connection with property ownership or occupancy changes.

Section 344. Section 21.16.050 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.16.050 Connection -Notice to owner or occupant.

A. Whenever any land, buildings, or premises are required to be connected with the public sewer system as provided in Section 21.16.040, the Director of Health, upon notice from the Director of Seattle Public Utilities that a connection is accessible, shall serve upon the owner or occupant of the lands, buildings, premises or habitable structures, a notice in writing specifying the time within which such connection must be made, which time shall not be more than (( sixty ( ))60(( ) )) days from the date of delivery of such notice.

B. If such owner or occupant shall fail or neglect to connect the land, buildings, premises or habitable structures to the public sewer system within the time specified, the Director of Health shall notify the Director of Seattle Public Utilities, whereupon the Director of Seattle Public Utilities may make such connection and the connection cost plus (( fifteen )) 15percent (((15%) )) thereof, for engineering design and administrative costs, shall be charged to the owner or occupant, and a bill showing the amount thereof shall be mailed or delivered to the owner or occupant, or posted upon the premises, whereupon the amount shall immediately be paid to the (( City ))Director of Finance and Administrative Services (( Executive Administration )). The amount of said costs or any portion thereof which becomes delinquent shall immediately become a lien upon the premises and such lien may be foreclosed by the City as provided by State law.

Section 345. Section 21.16.060 of the Seattle Municipal Code, last amended by Ordinance 122036, is amended as follows:

21.16.060 Registered side sewer contractor -Qualification Registration -Insurance -Bond -Registration expiration and renewal.

A. To register as a registered side sewer contractor (RSSC), each applicant must:

1. Pay a registration fee of $200 to the Director of the Department of Planning and Development;

2. Successfully complete an oral and written examination administered by the Director of the Department of Planning and Development, or employ an individual who has successfully completed the examination. Each applicant for the oral and written exam must pay to the Director of the Department of Planning and Development an examination fee of $100 to take the examination required by this subsection;

3. Provide to the Director of the Department of Planning and Development a roster of all individuals employed by the applicant who have passed the examination provided for in subsection A2 of this Section;

4. Provide evidence to the Department of Planning and Development that the applicant possesses a current Washington State Contractor's license;

5. Provide evidence to the Department of Planning and Development that the applicant possesses a current City Business license issued pursuant to Section 5.55.030 of the Seattle Municipal Code;

6. File with the Risk Management Division of the Department of Finance and Administrative Services (( Executive Administration )) a certificate of insurance that meets the standards of subsection B, and maintain the insurance as required by subsection B;

7. Post with the City Clerk and maintain in full force and effect a bond as required by subsection C of this section;

8. Agree in writing, to defend, indemnify and hold harmless the City from all claims, actions or damages of every kind and description, including reasonable attorney fees and necessary litigation expenses incurred by the City, that may accrue to or be suffered by any person arising out of any opening in any street, alley, avenue or other public place made by the registered contractor or those in the registered contractor's employ, in making any connection with any public or private sewer, or for any other purpose or object associated with side sewer construction and related activities, except for such losses that directly result from the sole negligence of the City; and

9. Agree in writing to provide direct on-site supervision in compliance with Section 21.16.055 of all work located in a public place that is to be performed by or on behalf of the registered side sewer contractor, including without limitation all work relating to installation, alteration, extension, connection to or repair of the side sewer.

B. Insurance. Each applicant for side sewer contractor registration shall file with the Risk Management Division of the Department of Finance and Administrative Services (( Executive Administration )) certification of insurance, and each registered side sewer contractor shall maintain in full force and effect insurance from insurers acceptable to the Risk Management Division (( of the Department of Executive Administration )). The certification shall state that the applicant/contractor carries comprehensive general liability insurance with limits of not less than $1,000,000(( .00 )) for each occurrence combined single limit bodily injury and property damage. Such policy shall contain an endorsement or policy wording naming the City as an additional insured or, in lieu of naming the City as an additional insured, insuring the obligation described in subsection A8 above to indemnify the City, and providing for not less than 30 days prior written notice to the City of any change, cancellation or expiration of such policy.

C. Each registered side sewer contractor shall post with the City Clerk and maintain in full force and effect a bond in the sum of $30,000((. 00 )) conditioned that the contractor shall replace and restore such street, alley, avenue or other public place as required by (( SMC )) Section 21.16.280. If a claim is made on the bond, the registered side sewer contractor shall immediately post with the City Clerk a new bond with the same terms and conditions.

D. Expiration of Registration. All registrations issued under this chapter automatically expire on January 31 of each year and must be renewed pursuant to the provisions of subsection E.

E. Renewal of Registration. In order to renew a registration, the contractor shall:

1. Pay a renewal fee of $150(( .00 )).

2. Provide proof of compliance with the requirements of subsections 21.16.060 . A(2) through (9).

3. Provide the name(s) of the person or persons who have successfully passed the oral and written examination required by Subsection A(2) and who are currently employed by the side sewer contractor applying for renewal.

F. Failure to Renew. A contractor seeking to renew a side sewer contractor registration more than one year after its expiration must provide proof of compliance with all of the initial registration requirements of Subsection A.

Section 346. Section 20.16.110 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.16.110 Permit for temporary connection.

The Director of Seattle Public Utilities may, upon receiving an application containing such information as is required by this chapter, issue a permit for a temporary connection to a combined sewer, sanitary sewer, side sewer, storm drain or natural outlet, and may include as a condition to the issuance of a permit a requirement to connect to another combined sewer, sanitary sewer, side sewer, storm drain or natural outlet at some later date. The permit may be revoked by the Director of Seattle Public Utilities at any time upon ((s ixty ( ))60(( ) )) days' notice posted upon the premises and directed to the owner or occupant of the premises; and in the event the side sewer or drains are not disconnected or reconstructed as required at the expiration of ((s ixty ( ))60(( ) )) days the Director of Seattle Public Utilities may disconnect the same and reconstruct it as necessary, and charge the cost plus (( fifteen )) 15percent (((15%) )) thereof, for engineering design and administration costs, to the owner or occupant. Such charges shall be immediately payable to the (( City )) Director of Finance and Administrative Services (( Executive Administration )) following a written notice of the amount thereof given to such owner or occupant or posted on the premises. The amount of said costs or any portion thereof which becomes delinquent shall immediately become a lien upon the premises and such lien may be foreclosed by the City as provided by state law. The Director of Seattle Public Utilities may require that the applicant record with (( the )) King County (( Department of Records and Elections )) an acceptable instrument agreeing to reconstruct the side sewer if required to do so, and to save the City harmless from all damage or claims resulting to the City by reason of such temporary connection or disconnection, and exhibit to the Director of Seattle Public Utilities the recording number of said instrument.

Section 347. Section 21.16.160 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.16.160 Filling of excavations.

A. For side sewers in King County, all excavations in any public area by a registered side sewer contractor shall be filled and/or covered in such a manner that no significant settlement shall occur for a period of two (( (2) ))years.

B. Work within the limits of any public area shall be prosecuted to completion with due diligence, and if any excavation is left open, whether covered or uncovered, beyond a time reasonably necessary to fill the same, the Director of Seattle Public Utilities may cause the same to be backfilled and the public area restored forthwith. Cost incurred by the Director of Seattle Public Utilities in such work plus (( fifteen )) 15percent (((15%) )) for administrative costs shall be charged to the side sewer contractor in charge of such work and shall be immediately payable to the (( City )) Director of Finance and Administrative Services (( Executive Administration )) by the contractor upon written notification of the amount thereof given to the contractor or posted on the premises.

Section 348. Section 21.16.180 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.16.180 Repair of inoperative or inadequate sewer or drain.

Where it is determined by the Director of Health or the Director of Seattle Public Utilities that a side sewer, drain, ditch, or natural watercourse is obstructed, broken, inoperative or inadequate and is a menace to health, or is liable to cause damage to public or private property, the Director of Health and/or the Director of Seattle Public Utilities may give notice to the owner of the side sewer and, if different than the owner of the side sewer, to the owner or occupant of the property in which such condition exists. The owner or occupant shall correct such condition within the time specified in the written notice. If the owner or occupant shall fail to correct such condition within the time specified in such notice, the Director of Seattle Public Utilities may perform such work as may be necessary to comply with this chapter. The cost of such work done by the Director of Seattle Public Utilities, plus (( fifteen )) 15percent (((15%) )) for administrative costs, shall be charged to the property owner or occupant and shall become immediately payable to the (( City )) Director of Finance and Administrative Services (( Executive Administration )) upon written notice of such amount being given to the property owner or occupant or posted upon the premises. The amount of said costs or any portion thereof which becomes delinquent shall immediately become a lien upon the premises and such lien may be foreclosed by the City as provided by state law.

Section 349. Section 21.24.070 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.24.070 Fee payment.

The fee shall be paid to the (( City)) Director of Finance and Administrative Services (( Executive Administration )) before the permit is issued and the amount of the fee paid shall be shown on the permit and on the record of the side sewer connection maintained in the office of the (( City)) Director of Seattle Public Utilities.

Section 350. Section 21.24.090 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.24.090 Refund of sewer permit fees.

Whenever a sewer permit has been issued and a fee paid therefor and either no rights are exercised pursuant thereto and such permit is surrendered or the fee charged is erroneous for any reason and application is made for refund, the Director of Seattle Public Utilities shall certify the facts justifying such refund, the amount thereof, and his or her approval of such refund, and upon presentation of such certificate, the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay a warrant on the General Fund in the amount of such refund and the necessary appropriations are hereby made from any surplus in the fund. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check.

Section 351. Section 21.28.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.28.010 Sewerage system a public utility.

It is necessary for the public health, safety and welfare that the existing sewerage system of the City, in conjunction with the storm and surface water sewers, together with such extensions, additions and improvements thereto as may from time to time be authorized, continue to be maintained, conducted and operated as a public utility of the City within the Seattle Public Utilities. The Seattle Public Utilities shall have jurisdiction over those properties, interests, and physical and intangible rights of every kind and nature owned or held by the City within its boundaries which comprise or relate to storm and surface water sewers, including all facilities constructed and to be constructed with moneys from the Drainage and Wastewater Fund, formerly the Sewer Improvement Fund, but excepting such properties, interests and rights under the jurisdiction of the Parks and Recreation Department, the Seattle Center Department, the City Light Department and the Department of (( Fleets and Facilities )) Finance and Administrative Services . Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from or by reason of any act or omission in connection with the implementation or enforcement of this chapter on the part of the City by its officers, employees or agents.

Section 352. Section 21.28.020 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.28.020 Administration of utility.

The Director of Seattle Public Utilities, through the Seattle Public Utilities, shall operate and administer drainage and wastewater functions and enforce this chapter and there shall be kept a classified system of accounts of revenues and disbursements as prescribed by the State Auditor, Division of Municipal Corporations, in conjunction with the (( City )) Director of Finance and Administrative Services (( Executive Administration )), as required by law.

Section 353. Section 21.28.250 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.28.250 Wastewater charges -When payable.

The wastewater charge provided in this chapter shall be payable at the office of the (( City )) Director of Finance and Administrative Services (( Executive Administration )) at the same time as the water bill for the premises is payable(( ; and payment for water shall not be accepted unless payment of the wastewater charge is made at the same time )).

Section 354. Section 21.28.260 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.28.260 Billing and collection of wastewater charges.

The rates and charges set out in this chapter shall be effective and shall be computed and billed monthly or bimonthly by the Director of Seattle Public Utilities, as a separate charge on the water bill, or through a direct invoice, and shall become due and payable to the City of Seattle (( Director of Executive Administration )) as stated in such billing; and any wastewater rate or charge which becomes delinquent shall immediately become a lien upon the premises and such lien may be foreclosed by the City as provided by state law. Wastewater charges or any part thereof which become delinquent shall bear interest as authorized by RCW 35.67.200, at the rate of (( eight (8) )) 8percent per year, or such rate as may hereafter be authorized by state law, computed on a monthly basis. Interest shall be added to all wastewater charges that remain unpaid (( thirty ( ))30(( ) )) days or more from their billing date and shall continue until such charges are paid. As authorized, RCW 35.67.200 shall have the effect and the City shall have a lien for all delinquent and unpaid wastewater charges, including interest thereon, against any parcel for which the wastewater charges are delinquent. The lien shall have superiority as established by RCW 35.67.200 and shall be foreclosed or otherwise enforced in the manner provided in RCW 35.67.210 through RCW 35.67.290. In the case of actions to collect delinquencies, the City shall seek also to collect reimbursement of reasonable costs of collection including but not limited to attorney's fees, staff time, and filing fees. As an additional and concurrent method of the collection of any such wastewater rate or charge, the Director of Seattle Public Utilities shall have the authority to cut off the water service or supply from the premises to which such rate or charge for wastewater has attached until such rates and charges are paid.

Section 355. Section 21.28.350 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.28.350 Refunds of wastewater charges.

The Director of Seattle Public Utilities is authorized to make refunds where any amount paid for wastewater services is found to be erroneous, or where adjustments have been made by him or her as authorized by this chapter, and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay the necessary warrants on the Drainage and Wastewater Fund upon certification by the Director of Seattle Public Utilities that the refund is authorized. If the applicable fund is solvent at the time payment is ordered, the Director may elect to make payment by check, electronic payment or credit card .

Section 356. Section 21.36.087 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.36.087 White goods and bulky items.

A. The Director of Seattle Public Utilities may determine from time to time the items eligible for pickup under the Seattle Public Utilities' program for collection of white goods and bulky items, and after consultation with the Director of Finance and Administrative Services (( Executive Administration )), arrange for the disposition of the items collected(( without regard to the procedures of Section 3.18.824 )).

B. "White goods" are large household appliances, such as refrigerators, iceboxes, stoves, washing machines, dryers, dishwashing machines and air conditioners. "Bulky items" include and are illustrated by such articles for household use as furniture, mattresses, box springs, television sets, stereos, and wardrobes. Neither term includes motor vehicles or hulks; car parts and tires; commercial machinery or equipment; lumber and building materials; or hazardous wastes.

C. By delivering possession to the collector, the customer relinquishes title to the white goods and bulky items picked up. The Seattle Public Utilities may decline to accept such items that contain refuse, contraband, or hazardous wastes.

D. The Director of Seattle Public Utilities may:

1. Remove all hazardous and toxic constituents, including the recovery of CFCs (chlorofluorocarbons), from white goods delivered to the City recycling and disposal stations and require that the resultant scrap metal not be landfilled;

2. Accept a maximum of two (( (2 ) )) white goods per load at a rate established in subsection A of Section 21.40.080 and subsection D of Section 21.40.080;

3. Reject vehicle loads at the City's recycling and disposal stations which contain more than two (( (2 ) )) white goods or white goods from non-Seattle residents and provide information to the haulers of rejected loads on alternative disposal sites for white goods available within Seattle;

4. Direct white goods from charitable organizations qualified under Section 21.40.080 to the City's selected white-goods processor.

Section 357. Section 21.40.030 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.40.030 Administration.

The Director of Seattle Public Utilities, through the Seattle Public Utilities, shall operate and administer such public utility and enforce this chapter; and there shall be kept by him or her a classified system of accounts of revenues and disbursements as prescribed by the State Auditor, Division of Municipal Corporations, in conjunction with the (( City )) Director of Finance and Administrative Services (( Executive Administration )), as required by law in such connection.

Section 358. Section 21.40.120 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.40.120 Payment of charges -Delinquency and lien.

A. Garbage and rubbish collection charges imposed by this chapter shall be payable up to three (( (3) ))months in advance at the office of the (( City )) Director of Finance and Administrative Services (( Executive Administration )) and at the same time that water utility charges are due and payable with respect to residences or other dwelling units contemporaneously served, and partial payment on any bill will first be credited to amounts due for garbage and rubbish collection services, then to charges for wastewater services, and the balance to outstanding charges for water services. The charges imposed under Sections 21.40.050, 21.40.060, and 21.40.080 shall apply to all residences and other dwelling units, whether occupied or not; provided, however, that where no portion of the premises is being used and occupied as a dwelling place the owner or agent responsible therefor may apply to the Director of Seattle Public Utilities for an adjustment to garbage and rubbish collection charges. In such connection the Director of Seattle Public Utilities may from time to time reduce the liability for such charges upon request therefor whenever he or she is satisfied that the premises are not being used and occupied as a dwelling place. Garbage and rubbish collection charges shall be computed and billed from time to time by the Director of Seattle Public Utilities as a separate charge on the water bill for residences or dwelling units served, and the Director of Seattle Public Utilities shall establish common billing practices and procedures to the extent permitted by law.

B. Garbage and rubbish collection charges shall be against the premises served and when such charges have not been paid within (( ninety ( ))90(( ) )) days after billing, they shall constitute a lien against the residence or dwelling units served. Notice of the City's lien specifying the amount due, the period covered and giving the legal description of the premises sought to be charged may be filed with the County Auditor within the time required and may be foreclosed in the manner and within the time prescribed for liens for labor and material, as authorized by RCW 35.21.140.

C. Penalty interest at the rate of (( twelve ( ))12 (( ) ))percent per year, computed monthly, shall be added to garbage and rubbish collection charges imposed under Sections 21.40.050 and 21.40.060 through the combined utility bill, or any part thereof, that become delinquent. Penalty interest shall be imposed on all such charges that remain unpaid (( thirty ( ))30(( )) ) days after their bill date and shall continue until such charges are paid.

Section 359. Section 21.60.410 of the Seattle Municipal Code as last amended by Ordinance 107614 is repealed.

Section 360. Section 21.60.420 of the Seattle Municipal Code as last amended by Ordinance 107614 is repealed.

Section 361. Section 21.60.430 of the Seattle Municipal Code as last amended by Ordinance 107614 is repealed.

Section 362. Section 21.60.450 of the Seattle Municipal Code as last amended by Ordinance 107614 is amended as follows:

21.60.450 Connection point.

Except in areas of the cable district in which, by the terms of the grantee's franchise, no construction is required, the grantee shall, on payment of the installation charge prescribed in accordance with Sections 21.60.300 through 21.60.320, provide a connection, overhead or underground (( in )) at the discretion of the City Light Department (( Board of Public Works )), to any point located not more than (( three hundred feet ( ))300 feet (( ') )) from grantee's nearest distribution cable, and shall not accept payment for an installation charge unless there is a distribution cable within (( three hundred feet ( ))300 feet (( ') )) of the subscriber's property or a specific written agreement has been entered into with the subscriber regarding the cost of a connection over a distance greater than (( three hundred feet ( ))300 feet (( ') )).

Section 363. Section 21.68.020 of the Seattle Municipal Code as last amended by Ordinance 106157 is amended as follows:

21.68.020 Area described.

Everyone engaged in the distribution of electrical energy for light, heat or power by wires or using or maintaining wires for telephone, telegraph or other electrical service in the City, shall have all wires and appliances used for the purposes stated in this section, and situated on, in, or over the streets, alleys and other public places within the boundaries of the areas described in this section, placed underground and all poles removed when and as directed by (( the Board of Public Works of the City )) the City Light Department (( Board of Public Works )), so to do; said areas being bounded and described as follows:

Beginning at the intersection of the south line of South Jackson Street and the west line of Alaskan Way South; thence north along said west line to the westerly line of Alaskan Way; thence northerly along said westerly line to the north line of West Denny Way; thence east along said north line and along the north line of Denny Way to the centerline of Second Avenue North; thence north along said centerline to the centerline of Thomas Street; thence west along last described centerline to the centerline of First Avenue North; thence north along last described centerline to the centerline of Republican Street; thence east along last described centerline to the centerline of Warren Avenue North; thence north along last described centerline to the centerline of Mercer Street; thence east along last described centerline to the centerline of Third Avenue North; thence north along last described centerline to the centerline of Roy Street; thence east along last described centerline to the centerline of Fourth Avenue North; thence south along last described centerline to the centerline of Mercer Street; thence east along last described centerline to the centerline of Fifth Avenue North; thence south along last described centerline to the north line of Denny Way; thence east along said north line to the easterly line of the Central Freeway; thence southerly along said easterly line to the south line of South Jackson Street; thence west along said south line to the east line of Occidental Avenue South; thence south to the south line of South King Street; thence west to the east line of Occidental Avenue South; thence south to the south line of South Connecticut Street; thence west to the west line of Occidental Avenue South; thence north to the north line of South King Street; thence east to the west line of Occidental Avenue South; thence north to the south line of South Jackson Street; thence west along said south line to beginning; also all of the Central Freeway inside the limits of the City lying within the area of limited access as approved by the City by Ordinance (( No. )) 86152 and such resolutions as have hereto or which may hereafter be approved, defining specifically the limits of the Freeway;

as illustrated by the blueprint map marked Exhibit "A" attached to Ordinance 906951 and by this reference made a part of this subchapter and

Beginning at the intersection of the west margin of 15th Avenue N.E. and the south margin of N.E. 50th Street; thence northerly along the westerly margin of 15th Avenue N.E. to the south margin of N.E. 55th Street; thence westerly along the south margin of N.E. 55th Street to the east margin of University Way N.E.; thence southerly along the east margin of University Way N.E. to the south margin of N.E. 50th Street; thence westerly along the south margin of N.E. 50th Street to the northwest corner of Lot 1, Block 1 of McGuire and Holden Addition; thence southerly along the platted centerline of said Block 1 to the north margin of N.E. 47th Street; thence southerly across N.E. 47th Street to the northwest corner of Lot 1, Block 2 of said Addition; thence southerly along the platted centerline of said Block 2 to the north margin of N.E. 45th Street; thence southerly across N.E. 45th Street to the northwest corner of Lot 1, Block A of Brooklyn Supplemental Addition; thence southerly along the platted centerline of said Block A to the north margin of N.E. 43rd Street; thence southerly across N.E. 43rd Street to the northwest corner of Lot 1, Block B of said Supplemental Addition; thence southerly along the platted centerline of said Block B to the north margin of N.E. 42nd Street; thence southerly across N.E. 42nd Street to the northwest corner of lot 1, Block C of Brooklyn Supplemental Addition; thence southerly along the platted centerline of said Block C to the northerly margin of N.E. Campus Parkway; thence easterly along the north margin of N.E. Campus Parkway to the west margin of 15th Avenue N.E.; thence northerly along the westerly margin of 15th Avenue N.E. to the south margin of N.E. 50th Street, the point of beginning; all in the City of Seattle;

as illustrated by the blueprint map marked Exhibit "B" attached to Ordinance 906951 and by this reference made a part of this subchapter.

Section 364. Section 21.68.030 of the Seattle Municipal Code as last amended by Ordinance 90695 is amended as follows:

21.68.030 Undergrounding required.

Everyone owning, using or maintaining any such wires (( be, and they )) are directed, ordered and required to place the same underground as their interest therein may appear, and at their own cost and expense, and thereafter, at their own cost and expense, to maintain and replace the underground wires as public interest may require and to the satisfaction, and subject to the supervision, of the Seattle Department of Transportation in consultation with the City Light Department and Seattle Public Utilities, as appropriate (( Board of Public Works of the City )). Pavement or sidewalk restoration and repair shall be completed to the satisfaction of the Seattle Department of Transportation; sewer, water main, or public utility equipment or facilities restoration and repair shall be completed to the satisfaction of Seattle Public Utilities; and electrical connections, and electrical equipment, wiring, or conduit restoration or repair, shall be completed to the satisfaction of the City Light Department.

Section 365. Section 21.68.040 of the Seattle Municipal Code as last amended by Ordinance 90695 is amended as follows:

21.68.040 Commencement of work.

Everyone owning, using or maintaining such wires be, and they are directed, ordered and required to commence forthwith and to diligently prosecute the work of placing such wires underground at the direction, under the supervision of and in accordance with plans and specifications approved by the Seattle Department of Transportation in consultation with the City Light Department and Seattle Public Utilities, as appropriate, (( Board of Public Works )); provided, however, that in any part of the areas where streets are being paved or repaved, the work shall be completed before such paving or repaving.

Section 366. Section 21.68.050 of the Seattle Municipal Code as last amended by Ordinance 90695 is amended as follows:

21.68.050 Restoration of pavement and public utility equipment.

The owners of such wires shall, at their own cost and expense, cause to be restored to good condition and repair . (( to the satisfaction of the Board of Public Works )), any pavement, sidewalk, sewer, water main, or public utility equipment or facilities disturbed in connection with the work of removing any existing poles supporting the wires referred to in this subchapter in said areas, or in connection with the placing of such wires underground; such restoration and repair to be made pursuant to ordinances relating thereto. Pavement or sidewalk restoration and repair shall be completed to the satisfaction of the Seattle Department of Transportation; sewer, water main, or public utility equipment or facilities restoration and repair shall be completed to the satisfaction of Seattle Public Utilities; and electrical connections, and electrical equipment, wiring, or conduit restoration or repair, shall be completed to the satisfaction of the City Light Department.

Section 367. Section 21.68.060 of the Seattle Municipal Code as last amended by Ordinance 90695 is amended as follows:

21.68.060 Maintenance and replacement of wires.

After said wires have been placed underground, (( T )) t hose owning said wires shall, (( after the same shall have been placed underground, )) in accordance with this subchapter, maintain, remove, move or replace the (( same )) wires, (( or )) apparatus , or (( the )) conduits that contain , (( ing , the same )) or are used in connection (( there ))with, the wires on order of the Seattle Department of Transportation in consultation with the City Light Department and Seattle Public Utilities, as appropriate, and ( Board of Public Works )) as the public interest may require . (( and to the satisfaction of the Board.) )

Section 368. Section 21.68.090 of the Seattle Municipal Code as last amended by Ordinance 96796 is amended as follows:

21.68.090 Undergrounding required -Restoration of pavement and public utility equipment.

Everyone owning, using or maintaining such wires and appurtenances in said streets, alleys, and other public places (( be and they )) are directed, ordered and required to commence forthwith and to prosecute and complete the work of placing such wires and appurtenances underground and of removing overhead facilities at the direction, under the supervision of and in accordance with plans and specifications approved by the Seattle Department of Transportation in consultation with Seattle City Light and Seattle Public Utilities as appropriate, (( the Board of Public Works , and to thereafter cause to be restored to good condition and repair(( to the satisfaction of the Board )) any pavements, sidewalks, sewer, water main or public utility equipment or facilities disturbed in connection with such work, and shall thereafter maintain, remove, move or replace such underground facilities on order of the City of Seattle (( and to the satisfaction of theBoard )) as the public interest may require. Pavement or sidewalk restoration and repair shall be completed to the satisfaction of the Seattle Department of Transportation; sewer, water main, or public utility equipment or facilities restoration and repair shall be completed to the satisfaction of Seattle Public Utilities; and electrical connections, and electrical equipment, wiring, or conduit restoration or repair, shall be completed to the satisfaction of the City Light Department.

Section 369. Section 21.68.100 of the Seattle Municipal Code as last amended by Ordinance 96796 is amended as follows:

21.68.100 CATV connections.

When electrical, telephone, telegraph or CATV or other electric services are available to customers from underground facilities within the district describ(( i ))ed in Section 21.68.080, or a part thereof, the owners of the facilities or services shall notify the City Light Department and, under the Department's (( Board of Public Works, and, under the Board's )) direction and supervision , the owners of the facilities or services shall then notify each such customer and/or property owner within the district, or such part thereof, that such services shall be thereafter available only from such underground facilities. Property owners and/or customers desiring continued electric services within said district, or part thereof, shall within (( ninety ( ))90(( ) )) days of receipt of such notice, provide at their own expense on their own property necessary underground facilities for conducting such services from such underground facilities to any building and structure on their property, and the above notices shall so provide.

Section 370. Section 21.68.130 of the Seattle Municipal Code as last amended by Ordinance 96797is amended as follows:

21.68.130 Area described.

Everyone engaged in the distribution of electric energy by overhead wires and appurtenances or using or maintaining wires and appurtenances for telephone, telegraph, CATV, or other electric service shall at their own expense, subject to the aid and assistance of urban renewal project funds if, or to the extent that, such funds are legally available for such work, remove and place underground all wires and appurtenances used for the purposes stated in this section in the streets, alleys and other public places within the boundaries of the district described in this section, and at the direction, under the supervision of, and in accordance with plans and specifications approved by the Seattle Department of Transportation in consultation with the City Light Department and Seattle Public Utilities, as appropriate (( Board of Public Works )), said district being bounded and described as follows:

Beginning at the intersection of the west margin of United States Interstate Highway No. 5 and the south margin of South Dakota Street; thence westerly along the south margin of South Dakota Street to the east margin of 5th Avenue South; thence southerly along the east margin of 5th Avenue South to the south margin of South Alaska Street; thence easterly along the south margin of South Alaska Street to the west margin of United States Interstate Highway No. 5; thence northerly along the west margin of United States Interstate Highway No. 5 to the south margin of South Dakota Street, the point of beginning; all in the City of Seattle;

and as illustrated by the blueprint map marked Exhibit "A-1"1 attached to Ordinance 96797 and by this reference made a part of this subchapter.

Section 371. Section 21.68.140 of the Seattle Municipal Code as last amended by Ordinance 96797 is amended as follows:

21.68.140 Undergrounding required -Restoration of pavement and public utility equipment.

Everyone owning, using or maintaining such wires and appurtenances in said streets, alleys, and other public places be and they are directed, ordered and required to commence forthwith and to prosecute and complete the work of placing such wires and appurtenances underground and of removing overhead facilities at the direction, under the supervision of and in accordance with plans and specifications approved by the Seattle Department of Transportation in consultation with the City Light Department and Seattle Public Utilities (( Board of Public Works )), as appropriate, and to thereafter cause to be restored to good condition and repair (( to the satisfaction of the Board )) any pavements, sidewalks, sewer, water main or public utility equipment or facilities disturbed in connection with such work, and shall thereafter maintain, remove, move or replace such underground facilities on order of the City of Seattle (( and to the satisfaction of the Board )) as the public interest may require. Pavement or sidewalk restoration and repair shall be completed to the satisfaction of the Seattle Department of Transportation; sewer, water main, or public utility equipment or facilities restoration and repair shall be completed to the satisfaction of Seattle Public Utilities; and electrical connections, and electrical equipment, wiring, or conduit restoration or repair, shall be completed to the satisfaction of the City Light Department.

Section 372. Section 21.68.150 of the Seattle Municipal Code as last amended by Ordinance 96797is amended as follows:

21.68.150 CATV connections.

When electrical, telephone, telegraph or CATV or other electric services are available to customers from underground facilities within the district described in Section 21.68.130, or a part thereof, the owners of the facilities or services shall notify the The City Light Department (( Board of Public Works )), and, under the Department's (( Board's )) direction and supervision shall then notify each such customer and/or property owner within the district, or such part thereof, that such services shall be thereafter available only from such underground facilities. Property owners and/or customers desiring continued electric services within said district, or part thereof, shall within (( ninety ( ))90(( ) )) days of receipt of such notice, provide at their own expense on their own property necessary underground facilities for conducting such services from such underground facilities to any building and structure on their property, and the above notices shall so provide.

Section 373. Section 21.68.180 of the Seattle Municipal Code as last amended by Ordinance 99641 is amended as follows:

21.68.180 Area described.

Everyone engaged in the distribution of electric energy by overhead wires and appurtenances or using or maintaining wires and appurtenances for telephone, telegraph, CATV, or other electric service shall at their own expense, subject to the aid and assistance of urban renewal project funds if, or to the extent that, such funds are legally available for such work, remove and place underground all wires and appurtenances used for the purposes stated in this section in the streets, alleys and other public places within the boundaries of the district described in this section, and at the direction, under the supervision of, and in accordance with plans and specifications approved by the Seattle Department of Transportation in consultation with the City Light Department and Seattle Public Utilities, as appropriate, (( Board of Public Works )), said district being bounded and described as follows:

Beginning at the intersection of the centerline of East Yesler Way and a line drawn midway between 28th Avenue and 29th Avenue; thence north along last described midway line to its intersection with the south line of Lots 1 and 2, Block 11, Gamma Poncin's Addition, as recorded in Volume 20 of Plats, page 51, Records of King County, Washington; thence west along said south line and same produced west to its intersection with the centerline of 28th Avenue; thence north along last described centerline to its intersection with the centerline of East Cherry Street; thence east along last described centerline to its intersection with a line drawn midway between 32nd Avenue and 33rd Avenue; thence south along last described midway line to its intersection with the centerline of East Alder Street; thence east along last described centerline to its intersection with the production northwesterly of the northeasterly line of Lot 3, Block 3, Dodge and Dodge Addition, as recorded in Volume 3 of Plats, page 106, Records of King County, Washington; thence southeasterly along said produced and northeasterly line and same produced southeasterly to its intersection with the centerline of Lake Dell Avenue; thence southerly along last described centerline to its intersection with the production north of the centerline of the vacated alley as platted adjoining Block 49 in Yesler's Third Addition as recorded in Volume 6 of Plats, page 41, Records of King County, Washington; thence south along last described centerline and same produced south to its intersection with the centerline of East Yesler Way; thence west along last described centerline to the beginning;

and as illustrated by the blueprint map marked Exhibit "A"1 attached to Ordinance 99641 and by this reference made a part of this subchapter.

Section 374. Section 21.68.190 of the Seattle Municipal Code as last amended by Ordinance 99641 is amended as follows:

21.68.190 Undergrounding required -Restoration of pavement and public utility equipment.

Everyone owning, using or maintaining such wires and appurtenances in said streets, alleys, and other public places be and they are directed, ordered and required to commence forthwith and to prosecute and complete the work of placing such wires and appurtenances underground and of removing overhead facilities at the direction, under the supervision of and in accordance with plans and specifications approved by the Seattle Department of Transportation in consultation with the City Light Department and Seattle Public Utilities, as appropriate, (( Board of Public Works )), and to thereafter cause to be restored to good condition and repair(( to the satisfaction of the Board )) any pavements, sidewalks, sewer, water main or public utility equipment or facilities disturbed in connection with such work, and shall thereafter maintain, remove, move or replace such underground facilities on order(( and to the satisfaction of the Board )) of the City of Seattle as the public interest may require. Pavement or sidewalk restoration and repair shall be completed to the satisfaction of the Seattle Department of Transportation; sewer, water main, or public utility equipment or facilities restoration and repair shall be completed to the satisfaction of Seattle Public Utilities; and electrical connections, and electrical equipment, wiring, or conduit restoration or repair, shall be completed to the satisfaction of the City Light Department.

Section 375. Section 21.68.200 of the Seattle Municipal Code as last amended by Ordinance 99641 is amended as follows:

21.68.200 CATV connection.

When electrical, telephone, telegraph or CATV or other electric services are available to customers from underground facilities within the district described in Section 21.68.180, or a part thereof, the owners of the facilities or services shall notify the City Light Department (( Board of Public Works )), and, under the Department's (( Board's )) direction and supervision shall then notify each such customer and/or property owner within the district, or such part thereof, that such services shall be thereafter available only from such underground facilities. Property owners and/or customers desiring continued electric services within said district, or part thereof, shall within (( ninety ( ))90(( ) )) days of receipt of such notice, provide space on their own property for installation of the necessary underground facilities for conducting such services from such underground facilities to any building and structure on their property, and the above notices shall so provide.

Section 376. Section 21.72.010 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.72.010 Use of City Directors' names prohibited.

Statements for the collection of City utility charges shall not use or direct the use of the personal name of the(( Director of Finance or the )) Director of Finance and Administrative Services (( Executive Administration )) for or in connection with the payment of such charges.

Section 377. Section 21.76.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

21.76.060 Authority of Director of Finance and Administrative Services (( Executive Administration )).

A. The Director of Finance and Administrative Services (( Executive Administration )) is authorized to apportion the total amount of utility credits made to bills as provided for in Sections 21.76.010, 21.76.040 and 21.76.050.

B. To reimburse the Light Fund for utility credits made to lighting bills as provided for in Section 21.76.050, the Director of Finance and Administrative Services (( Executive Administration )), is authorized to make the necessary transfers from the Water, (( Sewe r)) Drainage and Wastewater , and Solid Waste Fund (( and Street Utility SubFund )) in accordance with Section 21.76.040

Section 378. Section 22.208.110 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

22.208.110 Recovery of costs.

A. If the costs incurred by the Director pursuant to Section 22.208.100 for repairs, alterations or improvements, or of vacating and closing, or of demolition and removal are not paid after a written demand upon the owner and other persons named as responsible parties in the complaint, such costs shall be assessed against the property for which the costs were incurred in the manner provided below.

B. If the building is removed or demolished by the Director, the Director shall, if possible, sell the salvageable materials from the building and shall apply the proceeds of the sale to the reimbursement of the costs of demolition and removal. Any funds remaining shall be paid to the owner.

C. After notice to the owner and other persons with an ownership interest as shown on the litigation guarantee that all or a portion of the costs have not been paid, the Director shall notify the (( City )) Director of Finance and Administrative Services (( Executive Administration )) of the amount due and owing, and upon receipt of the notification the (( City )) Director of Finance and Administrative Services (( Executive Administration )) shall certify the amount to (( the)) King County (( Financial Management Office )) for assessment.

D. Upon certification by the (( City )) Director of Finance and Administrative Services (( Executive Administration )) of the amount due and owing, (( the Director of the )) King County (( Financial Management Office or designee )) shall enter the amount of the assessment upon the tax rolls against the real property for the current year to be collected at the same time as the general taxes and with interest at the rates and in the manner provided in RCW 84.56.020 for delinquent taxes. When collected, it shall be deposited in the General Fund of the City and credited to the Housing and Abatement Account provided in Section 22.202.050.

E. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes.

Section 379. Section 22.220.100 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

22.220.100 Downtown Housing Maintenance Account.

A. There is hereby created in the City Treasury an account in the Low-Income Housing Fund designated the "Downtown Housing Maintenance Account," from which account grants and loans as specified in Section 22.220.090 of this chapter may be made to owners or receivers to assist them in placing low-income rental units in habitable condition and from which account shall be paid costs and expenses incurred by the City in connection with the repair of low-income rental units or buildings that can feasibly be made habitable.

B. Money from the following sources shall be deposited in the fund:

1. Such sums as may be received by gift, bequest or contractual arrangement for maintenance and rehabilitation of downtown low-income rental housing purposes; and

2. Such sums as may be recovered by the City as repayment of loans or as reimbursement of costs or expenses of repair of units that were found to be uninhabitable where such funds originated from this account.

C. The moneys in the account are hereby appropriated for the purposes described above and the (( City )) Director of Finance and Administrative Services (( Executive Administration )) is authorized to draw and to pay the necessary warrants upon vouchers approved by the Director of Housing from the appropriated account. If the applicable fund is solvent at the time payment is ordered, the Director of Finance and Administrative Services (( Executive Administration )) may elect to make payment by check , electronic payment, or credit card .

Section 380. Section 22.900D.170 of the Seattle Municipal Code as last amended by Ordinance 120181 is amended as follows :

22.900D.170 Design Commission fees.

A. City Capital Improvement Projects, as Defined in Section 3.58.020 Design Commission fees shall be assessed at a rate of (( Three-Tenths of One ( ))0.3(( ) )) percent of the construction cost for City capital improvement projects for which billing will commence on or before December 31, 1998, except as specified in subsections B and D of this section. Billing will occur at the time of contract award by the Department of Finance, who will forward the bills to the Department for distribution to appropriate City departments. Payment will be made through a fund transfer to the Department Operating Fund.

B. Major City Capital Improvement Projects. Except as specified in subsection D of this section, Design Commission fees shall be assessed at a rate of up to (( Three-Tenths of One ( ))0.3(( ) )) percent of the construction cost for major City capital improvement projects (greater than (( Ten Million Dollars ( ))$10,000,000(( .00) )) construction budget) for which billing will commence on or before December 31, 1998. The fee shall be set through negotiations with the City Budget Director and the Design Commission. Billing shall occur in accordance with a schedule agreed upon by the City Budget Director and the Design Commission.

C. 1. For City capital improvement projects, as defined in Section 3.58.020, for which no billing commenced under subsection A or B on or before December 31, 1998, and that do not fall within an exception in subsection D of this section, the City Budget Director, the Design Commission, and each affected City department will attempt to agree on that department's projects, that are expected to be assessed by the Design Commission in the following year. If no agreement is reached by a date established by the City Budget Director, the City Budget Director will establish the list of such projects. The City Budget Director may establish the assessable appropriation of a City capital improvement below the actual appropriation in order that the project not be assessed an unduly high fee relative to the cost of the anticipated Design Commission review.

2. The City Budget Director will assess a uniform fee of up to (( O )) o ne (( (1 ) ))percent of the total of all departments' capital improvement project appropriations for those projects assessable for Design Commission fees. Such fee shall be set so as to be sufficient, when combined with other funding sources, to support the anticipated costs of the Design Commission for the following year, but in no case shall the fee exceed (( O )) o ne (( (1) ))percent.

3. The Director of Planning and Development (( Design, Construction and Land Use )) shall bill each department in the amount determined by the City Budget Director, and that amount shall be paid by fund transfer to the Department Operating Fund.

4. If a capital improvement project's appropriation has been included in a fee assessed under this section, but Design Commission review of that project is delayed into a future year, that appropriation amount shall not be counted again in the calculation of the fee for any future year. If review of a project on which a fee has been assessed under this subsection C is canceled, or if review commences on a project that, but for timeliness, would have been included but was not included in the calculation of a fee under this subsection C, the City Budget Director shall adjust the department's total assessable appropriation downwards or upwards, respectively, when establishing the subsequent year's fee.

D. Special Exceptions. The Commission will bill the following projects at the hourly rate of (( One Hundred Dollars ( ))$100(( .00) )) per hour per Commissioner for subcommittee review, or (( Seven Hundred Dollars ( ))$700(( .00) )) per hour for full Commission review, except that fees may be waived, in whole or in part, at the discretion of the Commission with the concurrence of the City Budget Director in the following circumstances:

1. Whenever Commission fees, if charged, would be disproportionate to the sums available and could cause abandonment of the project for the following types of projects: art-works, projects funded by grants and donations, neighborhood self-help projects undertaken by volunteers and nonprofit organizations, and small capital improvements;

2. For low-income and special needs housing projects subject to Design Commission review.

E. Street Use Permit Reviews. Street use permit reviews, which are required before issuance of a street use permit for improvements within the public right-of-way, will be billed at the hourly rate of (( One Hundred Dollars ( ))$100(( .00) )) per hour per Commissioner for subcommittee review, or (( Seven Hundred Dollars ( ))$700(( .00) )) per hour for full (( Com-mission )) Commission review. Billing will be sent to t he Seattle Department of Transportation for inclusion into the plan review costs charged to the applicant, or be billed directly by the Department. For those projects billed through the Seattle Department of Transportation, payment will be made by a fund transfer from the Seattle Transportation Operating Fund to the Department Operating Fund from funds paid by the applicant.

F. Early Master Use Permit Stage or Projects Outside City Contract Process. For design review at an early Master Use Permit stage or for projects outside The City of Seattle contract award process, Design Commission fees will be billed by the Department at an hourly rate of (( One Hundred Dollars ( ))$100(( .00) )) per hour per Commissioner for subcommittee review, or (( Seven Hundred Dollars ( ))$700(( .00) )) per hour for full Commission review.

Section 381. Section 22.904.060 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

22.904.060 License applications.

Applications for mobile home park licenses and renewals thereof shall be made to the Director of Finance and Administrative Services (( Executive Administration )) upon forms provided by him/her and shall set forth the name and residence address of the applicant, the location of the mobile home park, and the number of mobile home lots to which such license applies. The Director of Finance and Administrative Services (( Executive Administration )) thereupon shall request the Director of Public Health, the Director of Planning and Development (( Construction and Land Use )) and the Fire Chief to inspect the premises therein described and the fixtures and facilities to be used. If the Director of Public Health, Director of Planning and Development (( Construction and Land Use )) and the Fire Chief find, upon inspection, that such premises, fixtures and facilities are constructed, installed, operated and maintained in compliance with this chapter and other applicable ordinances, they shall approve the application and so notify the Director of Finance and Administrative Services (( Executive Administration )), who shall issue the license. If the Director of Public Health, Director of Planning and Development (( Construction and Land Use )) or the Fire Chief shall find that the premises, fixtures or facilities are not constructed, installed, operated or maintained in compliance with this chapter or any other applicable ordinance, he/she shall forthwith disapprove the application and so notify the applicant and the Director of Finance and Administrative Services (( Executive Administration )), citing the reason therefor. If, after (( thirty ( ))30(( ) )) days from date of application for a new license, or, in the case of renewal, upon expiration of an existing license, approval of the Director of Public Health, Director of Planning and Development (( Construction and Land Use )) and the Fire Chief are not forthcoming, the Director of Finance and Administrative Services (( Executive Administration )) thereupon shall deny the license.

Section 382. Section 22.904.070 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

22.904.070 License revocation.

Any mobile home park license may be revoked by the Director of Finance and Administrative Services (( Executive Administration )) in the manner and subject to the procedure provided in the License Code1 upon the filing with him or her by the Director of Public Health, the Director of Planning and Development (( Construction and Land Use )) or the Fire Chief of a written notice stating the premises licensed or any fixtures or facilities used therein have become or are unsafe or unsanitary, or that otherwise they are not being operated or maintained in compliance with the provisions of this chapter or any other applicable ordinance.

Section 383. Section 23.22.066 of the Seattle Municipal Code as last amended by Ordinance 120794 is amended as follows:

23.22.066 Technical standards for final plat.

A. The final plat shall be prepared upon the best grade of tracing medium and shall be (( eighteen( ))18 (( ) ))inches by (( twenty-two ( ))22 (( ) ))inches in size. The accuracy and completeness of the map shall be the sole responsibility of a registered land surveyor whose seal shall appear on the plat and who shall make field surveys and investigations as necessary to insure that the map is complete and accurate in every detail. The preparation of the tracing shall be by an experienced draftsman and work shall conform to established standards of workmanship. The final plat shall be presented at a scale not smaller than (( one hundred( ))100(( ) )) feet to (( one ( ))1(( ) )) inch and shall contain and show the following:

1. The name of the subdivision;

2. The lines, widths and names of all streets, avenues, places, parks or other public property, and the location of monuments marking the same;

3. The length and direction of all lot lines, also the angles made by lot lines with the street lines;

4. The location of control points and monuments together with all ties;

5. The names of all subdivisions immediately adjacent;

6. The scale and north point;

7. The boundary of the tract as covered by the plat showing courses and distance on the plat;

8. The initial point;

9. All protective improvements and restrictions on uses;

10. All dedications and all conveyances to a homeowner's nonprofit maintenance corporation in lieu of dedication.

B. In the case of a replat, the lots, blocks, streets, alleys, easements and parks appearing on the original plat shall be shown by dotted lines in their proper position in relation to the new arrangement of the plat, and the new plat shall be shown clearly in solid lines to avoid ambiguity.

C. The description, dedication, acknowledgment, certificates of the (( City )) Director of Finance and Administrative Services (( Executive Administration )) and County official performing the duties of the County Treasurer, certificates of approval by the Director of Transportation, the City Clerk and the Director, and recording certificate, shall be lettered with india ink or substantially equivalent lettering material and shall be substantially in the form set forth in the Director of Transportation's Subdivision Manual.

Section 384. Section 23.44.051 of the Seattle Municipal Code, last amended by Ordinance 123046, is amended as follows:

23.44.051 Bed and breakfasts

A bed and breakfast use is permitted if it meets the following standards:

A. General Provisions.

1. The bed and breakfast use must have a business license issued by the Department of Finance and Administrative Services (( Executive Administration ));

2. The bed and breakfast use must be operated by an owner who owns at least a (( fifty ( ))50 (( ) ))percent interest in the dwelling in which the bed and breakfast is located;

3. An owner who owns at least a (( fifty ( ))50 (( ) ))percent interest in the dwelling must reside in the structure in which the bed and breakfast use is located during any period in which rooms are rented to guests;

4. No more than two (( 2) ))people who reside outside the dwelling unit may be employed, with or without compensation, in the operation of the bed and breakfast use;

5. The bed and breakfast use is operated within the principal structure, and a bed and breakfast use may not locate in a principal structure that is less than five (( (5) ))years old;

6. There is no evidence of the bed and breakfast use from the exterior of the structure except for a sign permitted by (( S )) subs ection 23.55.020D . 1;

7. The bed and breakfast use has no more than five (( (5) ))guest rooms, provided that this limitation does not apply to bed and breakfasts that were established on or before and have been continuously operated as a bed and breakfast since April 1, 1987; and

8. Parking is provided as required in Chapter 23.54.

B. Alterations to single-family structures. Interior and exterior alterations consistent with the development standards of the underlying zone are permitted.

C. Dispersion. Any lot line of property containing any proposed new bed and breakfast use must be located (( six hundred ( ))600(( ) )) feet or more from any lot line of any other bed and breakfast use.

D. Neighborhood Mitigation provisions.

1. The owner will make public transit information available to patrons, and the owner's operating plan must describe how the transit information will be made available to patrons.

2. The design of the structure in which the use is located and the orientation of the access will minimize impacts, such as noise, light and parking, to neighboring structures.

3. The owner's operating plan includes quiet hours, limits on programmed on-site outdoor activities, and parking policies to minimize impacts on residential neighbors.

4. The delivery of goods and services associated with the bed and breakfast use are accommodated at a time and in a manner that will limit, to the extent feasible, impacts on surrounding properties.

5. The operating plan shall be distributed to all residents and property owners within (( three hundred ( ))300(( ) ))feet of the proposed bed and breakfast use. The distributed plan shall reference this Section and provide contact information for the Department of Planning and Development's Review and Inspection Center and contact information for the operator of the bed and breakfast. Applicants for a permit to establish a bed and breakfast use shall provide proof to the Department of Planning and Development that they made a good faith effort to provide the required distribution prior to issuance of a permit establishing the use.