HomeMy WebLinkAbout07/01/2014 09 Excavations in Public Rights-of-Way; YMC Repealing old Ch. 8.72; adopting new Ch. 8.72BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: July 01, 2014
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ITEM TITLE: An Ordinance repealing existing Chapter 8.72 YMC, and
adopting new Chapter 8.72 YMC, establishing permit
procedures, administration and enforcement for excavations
in public rights-of-way
SUBMITTED BY: Mark Kunkler, Senior Assistant City Attorney
SUMMARY EXPLANATION:
Chapter 8.72 YMC sets forth procedures for issuance of permits for excavations in streets and
other public rights-of-way. For several months, city staff and members of the community,
including contractors, utility providers and other governmental agencies, have discussed the
current code and proposed amendments. The original proposal has been amended in response
to concerns from these community members and service providers.
The attached Ordinance repeals existing Chapter 8.72 YMC, and adopts new Chapter 8.72
YMC pertaining to excavations in public rights-of-way. The Ordinance is presented with the
view that the new language sets a workable benchmark for issuance of permits for excavations
within the public rights-of-way, as well as the administration and enforcement of such
provisions. The proposed Ordinance incorporates many of the changes recommended by all
parties.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
Improve the Built Environment
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Adopt Ordinance.
ATTACHMENTS:
Description
cover memo
City Manager
Upload Date
6/24/2014
Ordinance -Street Excavations -July 1 2014 6/23/2014
Chapter 8 72 YMC CURRENT June 19 2014 6/23/2014
ORD NO 2014 CLEAN excavations in public rights
6/23/2014
of way
Type
Cover Memo
Ordinance
Backup IMaterliall
Backup Materliall
map of utility service areas 6/24/2014 Cover Memo
MEMORANDUM
To: Honorable Mayor and Members of the Yakima City Council
From: Tony O'Rourke, City Manager
Date: June 11, 2014
RE: Proposed ordinance regulating excavations in public rights-of-way
The City of Yakima has 800 lane miles of roads with a replacement value of $450
million. Unfortunately, the quality of our City roads is not good. The City's current
Paving Condition Index (PCI) is a 54 on a 100 point scale. Three percent of the City's
streets are technically failed, with 24% projected to be in a failed state by 2020 if they
are not improved. It costs 300% more to rebuild a road versus maintaining adequate
roads through scheduled grind and asphalt overlay. The potential cost to reconstruct
24% or 190 lane miles of failed roads is $102 million dollars.
The importance of the City's roads is reflected in the 2013 Citizen Survey where 75% of
the respondents believe investment in the City's infrastructure is essential. This opinion
was validated in August 2013 when 72% of Yakima voters supported a City Charter
amendment mandating the City to invest at least $2 million annually in road construction
and rehabilitation.
In response to the public's demand for road improvements, the City Council invested $5
million in 2013 to resurface 28 lane miles and $15 million in 2014 to resurface 92 lane
miles.
In the interest of protecting and preserving the City's road asset, the City, in 1983,
adopted Ordinance 2719 requiring a street restoration fee to restore the street to its
original condition after excavating any public street. Unfortunately, despite the adoption
of Ordinance 2719, no street restoration fee related to street excavations has been
imposed or collected in the past 30 years. In that same period, the condition of the
City's roads have continued to deteriorate due to street excavations, heavy loads, and
insufficient road investments.
Currently, entities needing to excavate City streets to install utility lines and conduit
simply pay an administrative permit fee to be in the public right-of-way. This fee and the
patching of the street cut does not compensate the public for the long-term damage
caused by street cuts. Over seventeen nationwide studies have produced compelling
evidence that no matter how well a street cut is patched, there is permanent damage to
the road beyond the street excavation. Street cuts simply degrade and shorten the life
of streets.
Staff believes the reduction of our streets' quality and lifespan beyond normal wear
should be paid by the entity that inflicts the street damage. Currently, utility taxes,
property taxes, and franchise fees pay for general city services and do not cover the
cost of replacing or repaving city streets. Therefore, a street excavation fee is an
equitable means of paying to repair damaged city streets related to multiple street
excavations.
A street excavation restoration fee is also an effective incentive for utility companies and
the City utilities to coordinate their street cuts with the City's road repaving schedule,
given there is no required street restoration fee within 12 months of a planned
resurfacing or reconstruction of a city street. The city of Sacramento, California has
experienced an 80% increase in coordination between utility companies' road cuts and
Sacramento's road repaving schedule since the passage of their street cut restoration
fee ordinance, thereby mitigating unnecessary road damage.
The restoration fee will be used to pay for street resurfacing where there is permanent
damage beyond the area of the street cut. This is particularly critical given the City will
have invested $20 million over the past two years to improve City streets. It would be
counterproductive to see these improved streets degraded and service life diminished
by allowing street cuts without a restoration fee policy in place to protect the quality and
service life of our roads.
In partnership with the City's public and private utility enterprises (gas, electric, water,
waste water, irrigation, cable tv), the attached ordinance has been drafted for City
Council review and consideration. The public and private utility companies recognize
the importance of protecting and preserving Yakima's roadway infrastructure and
investment given it is the backbone to our local economy and public mobility.
Key elements of the proposed street excavation ordinance include:
• Requires a $100 excavation permit — Type A for work 1-30 days and Type B
for work greater than 30 days
• Separate inspection fee of $60 per hour
• Requires appropriate insurance and bonding
• Requires conformance with federal and state safety regulations when working
in the City right-of-way
• Permittee is encouraged to perform street work outside normal commute
times
• Permittee street restoration patch shall require 2 -year warranty
• Road restoration fee shall be:
o $4.05/square foot of trench area and additional three foot zone on
each side of cut
o Roads less than five years old will cost 150% of restoration fee with the
exception of emergency cuts
• Road restoration fee will be adjusted or discounted based on road PCI
condition. For example, the restoration fee of a road with a PCI of 40 would
be discounted 60% from $4.05 to $1.62 per square foot.
• Roads less than five years, regardless of the reason for the cut will not be
adjusted or discounted by a PCI
While neither private utility companies, or our own City utilities are enamored with the
prospect of a street restoration fee, I believe they understand that protection and
preservation of our roads is critical to our agricultural based economy and mobility.
While an argument could be made this street cut fee is simply an additional expense
that will be passed onto both public and private utility customers, it will ensure the
equitable cost distribution of repairing our streets when our streets are damaged by
excavation. In addition, the street cut fee does not "double tax" City of Yakima residents
and businesses since many of the utilities do not have a contiguous customer base with
the City. For example, the gas, electric, and private water and irrigation utilities all have
customers in both the city and county. Accordingly, why should a City of Yakima
resident assume 100% of the cost associated with utility generated street cuts, when a
significant portion of the utility customer base resides outside the City. The costs for
utility street cuts should be borne by the utilities' entire customer base; not just city of
Yakima customers.
Finally, the argument that a street cut is not business friendly denies the necessity for
the fee to begin with — to protect and preserve the most fundamental asset of all
businesses — roads. Without adequate road infrastructure and mobility, goods,
services, and customers cannot access businesses.
The City has clearly been very pro-business as exemplified by the following recent
investments to enhance business success in Yakima:
• $20 million in arterial street overlay improvements
• $11 million for airport taxiway improvements
• $14.6 industrial wastewater line for food and beverage processing
• $2.4 million in Mill Site environmental restoration and infrastructure
improvements
• $3.0 million for North First Street improvements
• $300,000 in Downtown Master Plan and Retail Strategy Plans
• 13% increase in building permits over 2013
AN ORDINANCE
ORDINANCE NO. 2014 -
relating to excavations in public rights-of-way; repealing current Chapter
8.72 of the Yakima Municipal Code (YMC) and adopting new Chapter
8.72 YMC regarding excavations in public rights-of-way; stating
definitions, procedures for issuance of permits, and enforcement.
WHEREAS, the City Council has previously adopted ordinances establishing criteria for
issuance of permits, administration and enforcement of provisions regulating excavations in
public rights-of-way, all as codified at Chapter 8.72 YMC; and
WHEREAS, the City Council finds and determines that such chapter should be repealed,
and new Chapter 8.72 YMC adopted, to establish new procedures regarding issuance of
permits, administration and enforcement of provisions regarding excavations in public rights-of-
way; and
WHEREAS, the City Council finds and determines that new Chapter 8.72 YMC should
be adopted as shown and set forth in Exhibit "A" attached hereto and by this reference
incorporated herein, and that current Chapter 8.72 YMC as shown and set forth in Exhibit "B"
should be repealed, and that new Chapter 8.72 YMC approved herein shall replace and
supersede repealed Chapter 8.72 YMC; now, therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 8.72 of the Yakima Municipal Code is hereby adopted to read as
set forth in Exhibit "A" attached hereto and incorporated herein, which, upon the effective
date of this ordinance, shall supersede and replace the existing Chapter 8.72 YMC repealed
pursuant to Section 2 below.
Section 2. Existing Chapter 8.72 of the Yakima Municipal Code as set forth in Exhibit
"B" attached hereto and incorporated herein, is hereby repealed, effective upon the effective
date set forth in Section 3 below.
Section 3. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 1St day of July, 2014.
ATTEST: Micah Cawley, Mayor
City Clerk
Publication Date:
Effective Date:
Sections:
EXHIBIT "B"
(Repealed — Shown in legislative format as strike -through)
Chapter 8.72
EXCAVATIONS OBSTRUCTIONS
8.72.010 Permit required Fee.
8.72.020 Permit application Conditions.
8.72.030 Notice to fire chief and director of public works.
8.72.0/10 Purpose of permit Backfilling Repair of sidewalk.
8.72.0/15 Barricading Rules and regulations.
8.72.050 Barricades Lights.
8.72.060 Bond.
8.72.070 Indemnification and hold harmless.
8.72.080 Insurance.
8.72.090 Denial of permit.
8.72.010 Permit required Fee.
A. Permit Required Administration of Chapter.
(1) It is unlawful for any person, firm or corporation to dig up, break, excavate,
sidewalk, highway, thoroughfare or other public place, or fill in, place, leave or
deposit in or upon any sidewalk or public place any article, material or thing
whatsoever tending to obstruct, disturb or interfere with the free use of the same,
without first having obtained a permit therefor. The issuance of such permits and
the administration and enforcement of provisions of this chapter shall be performed
by the office of the director of community and economic development or designee.
(2) In case of an emcrgcncy arising outsidc of officc hours whcn an immcdiatc
excavation may bc nccc:cary for thc protcction of lifc and property, it shall bc
reported to the director of community and economic development or designee on
the first working day thcrcoaftcr. The permit for said work shall bc obtaincd at thc
time of reporting.
(3) Classification. For the above described purpose of regulating excavations
and -obstructions by permits, there are established two classifications of permits:
one to be known as thc "utility classification," and thc othcr to bc known as thc
"nonutility classification." The utility classification shall includc all such permits
issued to franchise utilities or their subcontractors for such work incidental to
The nonutility classification shall include all other permits issued.
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B. Fee.
(1) Basic Fee. A basic fee shall be paid by the applicant for each permit issued
pursuant to this chapter. Effective January 15, 2013, thcrc arc imposcd thc
following permit fees:
(a) Utility classification: one hundred dollars per permit for the first hour or
part thereof, which shall include (1) on site inspection and (2) one half of the
street inspector's time traveling to and from each site; provided, that each
hour of inspection after the initial hour shall be charged at sixty dollars per
hour or prorated to the nearest one quarter hour if less than one hour.
(b) Nonutility classification: one hundred dollars per permit.
(2) Additional Fee.
(a) In the event a permit issued pursuant to this chapter allows the digging
up, breaking, excavation or undermining of any city street within a period of
five years following its initial construction or following a major reconstruction of
its driving surface, then an additional permit fee shall be paid by the applicant,
the amount of which additional fee shall be equal to the estimated cost of
restoring the street to its original condition prior to thc performancc of thc
work for which the permit is issued. The additional fcc rcquircd by this
payment of the additional fee does not relieve the permit holder from
complying with requirements of this chapter to restore the street to its original
condition at the expense of the permit holder.
(b) The "additional fee" shall not apply when an emergency exists becausc
of unforeseen disruption of utility services which are located in public rights of
way requiring immcdiatc rcpair to protcct lifc and property. Furthcr, thc
"additional fcc" shall not apply whcn it can bc r asonably dctcrmincd by thc
director of public works that the necessity to dig up, break, excavate, or
undermine a newly constructed or reconstructed street within the five year
period could not reasonably have been foreseen.
(c) Prior to the new construction or major rcconstruction of any strcct, thc
owners of record of all property abutting on thc strcct and all utility scrvicc
firms operating pursuant to a city franchise will be notified in advance of
commencement of the work so as to allow reasonable time for the installation,
adjustmcnt or cxtcnsion of undcrground lines and associated structures.
(d) Revenue from thc additional fcc rcquircd by this scction shall bc
deposited in the street maintenance account of the street division for general
city street maintenance purposes.
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The director of community and economic development or designee shall grant such permit only
upon compliance with the following terms and conditions:
to do by the director of community and economic dcvclopmcnt or designee, shall filo with thc
director of community and economic development or designee a plat showing the location and
plan of the work, obstruction or other thing desired to be done or constructed and the street,
alloy, sidewalk or public place to bc so obstructed, togcthcr with a full description of thc nature
of such work, obstruction or other thing; the director of community and economic development
or designee shall thereupon examine such application and plat and, if he shall approve thc
same, may issue a permit therefor, which permit shall require the replacing, in its former
be obstructed, disturbed or affected in any way. Such permit shall specify thc location of thc
public place, together with description of the proposed work or acts to be done under such
permits, and the length of time allowed for the completion thereof.
The acts and works permitted under such permit shall be at all times under the supervision and
control of the director of community and economic dcvclopmcnt or designee, but at thc expense
disturbed in any way, the placing thereof in its former condition shall be at all times subject to
the direction of the director of community and economic dcvclopmcnt or designee and thc same
shall be replaced and restored to its former condition within the time by him stated and
specified. At the expiration of the time fixed by such permit, or upon the completion of the work
allowed to bc dont under such permit, the director of community and economic development or
party obtaining said permit shall be liable for the expense thereof.
upon said work to be collected in a civil action in any court of competent jurisdiction.
to its original condition.
Before doing any of the acts authorized by the permit, written notice thereof must be given to
the chief of the fire department, who shall also be notified of the completion of the act or acts•
the completion of the act or acts allowed under such permit required by this chapter, written
notice after the completion of said work shall render the applicant for said permit liable for all
damages done or suffered by the city of Yakima or any person, firm or corporation, by such
delay.
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The director of public works is authorized to grant permits when appropriate to such persons as
AA AA
construction project as provided for and limited by the building code of the city of Yakima for thc
purpose of storing building materials. Any work done under a permit authorized by this chapter
sidewalk, curb or paving shall have such excavation backfilled, tamped and settled in such a
manner that the sidewalk, curb or paving may bc replaced within thirty days following thc
it shall be repaired again at the expense of the original permit holder.
The director of community and economic development or designee is authorized and directed to
adopt written rules and regulations requiring the erection and maintenance of barricades, lights
or flares and other warning and control signals and devices for the safe movement of traffic
highway or other public place, for which a construction or maintenance work permit is required
supplemented from time to time as deemed necessary or desirable by the director of community
and cconomic development or designee. All such traffic control shall bc in compliance with thc
most current edition of the Manual on Uniform Traffic Control Devices (MUTCD).
8.72.050 Barricadee e.
undermined, disturbed or obstructed in any manner pursuant to a permit issued undcr this
director of community and economic development or designee pursuant to YMC 8.72.0'15.
8.72.060 Bond.
No permit shall be issued pursuant to this chapter unless the applicant files with the director of
community and economic development or designee a bond issued by a surety company
authorized to do business in the state of Washington, which bond shall be in an amount
estimated by thc director of community and cconomic dcvclopmcnt or designee to be the cost
applicant will immediately on completing work under the permit replace to its original condition
in the same amount as, the bond required by this section, which cash deposit shall be held by
the city subject to the same conditions required in said bond, with an appropriate amount of said
cash deposit to bc returned to applicant on the expiration of one year from the completion of all
work performed under the permit.
officers, employees, agents, and volunteers from any and all claims, demands, losses, liens,
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expenses (including reasonable attorneys' fees and disbursements) resulting from death or
bodily injury to any person or damage or destruction to a third party or third parties to the extent
applicant pursuant to Chaptcr 8.72 YMC or thc work done by applicant or its subcontractors
city.
Nothing contained in this section or this contract shall be construed to create a liability or a right
of indemnification in any third party.
8.72.080 Insurance
A. General Requirements.
1. The applicant shall obtain the insurance described in this section from insurers
insurance must be providcd by an insurcr with a rating of A : VII or highcr in thc
A.M. Best's Key Rating Guide, which is licensed to do business in the state of
Washington (or issued as a surplus line by a Washington surplus lines brokcr). The
city reserves the right to approve or rcjcct thc insurance providcd, based on thc
insurer (including financial condition), terms and coverage, the certificate of
2. The applicant shall keep this insurance in force during the term of the affected
work and for thirty days after the physical completion date, unless otherwise
indicated (see subsection (A)(3) of this section).
3. If any insurance policy is written on a claims made form, its retroactive date,
retroactive date. Claims made form coverage shall be maintained by the applicant
for a minimum of thirty six months following the final completion or earlier
proof of renewal. If renewal of the claims made form of coverage becomes
unavailable, or economically prohibitive, the applicant shall purchase an extended
reporting period ("tail") or execute another form of guarantee acceptable to the city
to assure financial responsibility for liability for services performed.
�. The applicant's and all subcontractors' insurance coverage shall be primary
and noncontributory insurance as respects the city's insurance, self insurance, or
insurance pool coverage.
5. The applicant shall provide the city and all additional insureds with written
notice of any policy cancellation, within two business days of their receipt of such
notice.
6. Upon request, the applicant shall forward to the city a full and certified copy of
the insurance policy(ies).
7. The applicant shall not begin work under the permit until the required
insurance has been obtained and approved by the city.
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8. Failure on the part of the applicant to maintain the insurance as required shall
the permit.
9. All costs for insurance shall be the responsibility of the applicant.
B. Additional Insured. All insurance policies, with the exception of workers' compensation,
shall name the following listed entities as additional insured(s):
The above listed entities shall be additional insured(s) for the full available limits of liability
maintained by the applicant, whether primary, excess, contingent or otherwise, irrespective of
whether such limits maintained by the applicant are greater than -those required by this permit,
subsection D of this section describes limits lower than -those maintained by the applicant.
C. Subcontractors. Applicant shall ensure that each subcontractor of every tier obtains and
maintains at a minimum the insurance coverages listed in subsection E of this section. Upon
request of the city, the applicant shall provide evidence of such insurance.
D. Evidence of Insurance. The required certificates of insurance in subsection E of this section
policy and provisions provided are in effect. Said policy shall be in cffcct for thc duration of this
contract or permit. The policy shall name the city, its elected and appointed officials, officers,
insurer will not cancel or change the insurance without first giving the city prior written notice. A
copy of the additional insured endorsement will be included with thc certificate. The insurance
admitted in thc stats of Washington (or issued as a surplus line by a Washington surplus lines
broker).
E. Coverages and Limits.
Insurance.
1. At all times during performance of the services, applicant shall secure and
limits no less than that stated below, as applicable. The city reserves the right to
require higher limits should it deem it necessary in the best interest of the public.
Commercial General Liability Insurance. Before this contract or permit is fully cxccutcd by thc
parties, applicant shall provide the city with a certificate of insurance as proof of commercial
of one million dollars per occurrence combined single limit bodily injury and property damage,
and two million dollars general aggregate. The aggregate limit will apply "per job" or "per
project." The policy will include Washington stop gap (employer's liability) coverage.
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Commercial Automobile Liability Insurance.
a. If thc applicant owns any vehicles, before this contract or permit is fully
insurance as proof of commercial automobile liability insurance and commercial
umbrella liability insurance with a total minimum liability limit of one million dollars
per occurrence combined single limit bodily injury and property damage.
b. If the applicant does not own any vehicles, only "nonowned and hired
automobilc liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that subsection above entitled
"Commercial General Liability Insurance."
Workers' Compensation. The applicant shall comply with workers' compcnsation covcragc as
required by the industrial insurance laws of the state of Washington
8.72.090 Denial of permit.
No permit shall be issued to any person, firm or corporation who is delinquent in the payment of
any fccs or chargcs fixcd by this chaptcr or who rcfuscs or ncglccts to comply with any of thc
provisions of this chapter
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EXHIBIT "A"
Chapter 8.72
EXCAVATIONS IN PUBLIC RIGHTS-OF-WAY
Sections:
8.72.010 Purpose.
8.72.020 Definitions.
8.72.030 Excavation permit required — Administration.
8.72.040 Conditions of permit.
8.72.050 Execution of work.
8.72.060 Review of Ordinance
8.72.070 Fees.
8.72.080 Violations.
8.72.010 Purpose.
The purpose of the chapter is to preserve the safety of the public and to preserve, protect and
improve the quality of city roadway infrastructure by regulating the uses of and construction in
the public right-of-way.
8.72.020 Definitions.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include the singular number, and
words in the singular number include the plural number. The word "shall" is always mandatory
and not merely directory.
"Administrator" means the director of the city's community development department.
"Applicant" means any person making written application to the administrator for an excavation
permit hereunder.
"City" means the City of Yakima.
"City council" or "council" means the city council of the City of Yakima.
"City manager" means the city manager of the City of Yakima or his or her designee.
"Excavation work" means the excavation and other work permitted under an excavation permit
and required to be performed under this chapter.
"Permittee" means any person who has been granted and has in full force and effect an
excavation permit issued hereunder.
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"Person" means any person, firm, partnership, association, corporation, company or
organization of any kind.
"Street" means and includes any street, highway, sidewalk, alley, avenue, easement granted to
or held by the city for public use, or other public way or public grounds in the city.
8.72.030 Excavation permit required — Administration.
A. It is unlawful for any person to dig up, break, excavate, tunnel, or undermine, any street,
alley, sidewalk, highway, thoroughfare or other public place, without first obtaining an
excavation permit from the City and thereafter complying with the requirements of the permit.
The approval of such permits shall be performed by the office of the director of the utilities and
engineering department or designee. Receipt of applications and fees, issuance of approved
permits, administration and enforcement of the provisions of this chapter shall be performed by
the director of the city's community development department or designee.
B. Nothing in this chapter shall be construed to prevent any person from maintaining any
utility facilities in or under any right-of-way by virtue of any law, ordinance or permit as may be
necessary for the preservation of life or property in the case of an emergency, provided that the
person shall obtain an excavation permit in arrears, within two (2) business days following the
conclusion of the emergency situation and any required response.
(1) Emergency excavations shall be subject to all fees and requirements of this
chapter. In case of an emergency arising outside of office hours when an immediate
excavation may be necessary for the protection of life and property, it shall be reported
to the administrator on the first working day thereafter. The permit for said work shall be
obtained at the time of reporting.
C. Permits are not transferable. All contractors excavating or tunneling in the public right-
of-way must obtain their own excavation permit, insurance and bonding. All other
subcontractors may work under their general contractor's permit. All contractors working in the
same area or job site are encouraged to coordinate their work within the same traffic control
plan if possible.
8.72.040 Conditions of permit.
A. The permit covers the subcontractors as long as they are not excavating in the public
right of way.
B. The excavation permit application form and submittal requirements shall be in such form
as prescribed by the City. At a minimum, the following information shall be required for
application:
1) General
i. The name and residence or business address of the applicant;
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ii. The location and approximate area of the excavation;
iii. The purpose, a plan or drawing, and a schedule for the proposed period of
excavation;
iv. A traffic control plan;
v. Insurance and bond;
vi. A plan showing the specific location and area of the excavation, including the
dimensions of its length and width, and any other information that may be
deemed by the City to clearly explain the work.
2) The applicant shall pay fees as determined by Section 8.72.070 of this code.
i. No fee or requirement authorized or imposed pursuant to this chapter shall be
construed to affect or alter in any way any obligation of public and private
utilities with facilities installed in any public right-of-way to relocate the
facilities at no cost to the city, in the event that relocation is required by the
city to accommodate public safety within the public right-of-way. Any
directive must comply with RCW 35.99.060 Relocation of Facilities — Notice —
Reimbursement.
C. The permittee shall, at a minimum, be responsible for public safety as follows:
1) Comply with all current federal, state and local safety regulations and all federal
and state disability laws including those requiring an accessible path of travel.
2) Utilize appropriate traffic control, per the Manual on Uniform Traffic Control
Devices (MUTCD), at all times for the duration of the permit.
3) Traffic control plans shall be included with all permit applications by the general
contractor or by subcontractor unless a traffic control plan has already been submitted
and approved.
i. Traffic control plans shall be designed and drawn, using MUTCD standards,
by an American Traffic Safety Services Association (ATSSA), or equivalent
certifying entity, certified Traffic Control Supervisor.
a) A "training" grace period of 90 days, from the date this ordinance is
enacted, will be allowed for persons designing and drawing traffic
control plans to be certified.
Traffic control plans shall be site specific.
a) The use of appropriate computer software is encouraged as illegible
plans will not be accepted.
b) Generic plans are not acceptable.
iii. The level of complexity required for traffic control shall be commensurate with
the duration of work and location of work as defined in the MUTCD.
4) Excavations shall not be left unprotected at the end of a shift unless continuous
shifts are planned.
3
i. Backfill, steel plates, security fencing and other safety options may be
considered on a case-by-case basis by the City.
ii. Barricades, warning tape and plastic fence are not acceptable alternatives.
D. The permittee shall designate an employee responsible for the installation, maintenance and
removal of barricades and warning signs, as required by the approved traffic control plan.
1) Barricades shall not be placed on sidewalks, pedestrians or bike paths, or dedicated
bike lanes unless said pathways are permitted to be closed.
2) Barricades, including supports, shall be moved outside the clear zone when not in
use.
3) The city will inspect barricading for compliance with approved traffic control plans as
it deems necessary.
4) Barricades and warning signs shall be removed from the right-of-way promptly at the
completion of the work.
E. All flaggers shall be trained and certified by a training agency normally engaged in the
business of flagger training. Flaggers must show certification cards on request. Approved
safety wear is required.
F. The permittee shall be responsible for the utility location service, surface (asphalt, concrete,
other) cut, excavation, backfill, compaction, surface replacement, testing, any necessary
remedial work, and materials incorporated in the work.
G. Indemnification, hold harmless, insurance and bond.
1) Indemnification and hold harmless.
i. Applicant agrees to protect, defend, indemnify, and hold harmless the city, its
elected officials, officers, employees, agents, and volunteers from any and all
claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including
reasonable attorneys' fees and disbursements) resulting from death or bodily
injury to any person or damage or destruction to a third party or third parties
to the extent caused by any negligent act and/or omission of the applicant, its
officers, employees, agents, volunteers and/or subcontractors, arising out of
or relating to the issuance of a permit to applicant pursuant to Chapter 8.72
YMC or the work done by applicant or its subcontractors after receiving the
4
permit, and/or the performance of work done pursuant to a contract with the
city.
ii. Nothing contained in this section or this contract shall be construed to create
a liability or a right of indemnification in any third party.
2) Insurance.
i. General Requirements.
a) The applicant shall obtain the insurance described in this section from
insurers approved by the State Insurance Commissioner pursuant to
RCW Title 48. The insurance must be provided by an insurer with a
rating of A-: VII or higher in the A.M. Best's Key Rating Guide, which
is licensed to do business in the state of Washington (or issued as a
surplus line by a Washington surplus lines broker). The city reserves
the right to approve or reject the insurance provided, based on the
insurer (including financial condition), terms and coverage, the
certificate of insurance, and/or endorsements.
b) The applicant shall keep this insurance in force during the term of the
affected work and for thirty days after the physical completion date,
unless otherwise indicated (see subsection (c) below).
c) If any insurance policy is written on a claims -made form, its retroactive
date, and that of all subsequent renewals, shall be no later than the
effective date of this permit. The policy shall state that coverage is
claims -made, and state the retroactive date. Claims -made form
coverage shall be maintained by the applicant for a minimum of thirty-
six months following the final completion or earlier termination of this
permit, and the applicant shall annually provide the city with proof of
renewal. If renewal of the claims -made form of coverage becomes
unavailable, or economically prohibitive, the applicant shall purchase
an extended reporting period ("tail") or execute another form of
guarantee acceptable to the city to assure financial responsibility for
liability for services performed.
d) The applicant's and all subcontractors' insurance coverage shall be
primary and noncontributory insurance as respects the city's
insurance, self-insurance, or insurance pool coverage.
e) The applicant shall provide the city and all additional insured's with
written notice of any policy cancellation, within two business days of
their receipt of such notice.
f) Upon request, the applicant shall forward to the city a full and certified
copy of the insurance certificate.
5
g)
The applicant shall not begin work under the permit until the required
insurance has been obtained and approved by the city.
h) Failure on the part of the applicant to maintain the insurance as
required shall constitute a material breach of permit, upon which the
city may, after giving five business days' notice to the applicant to
correct the breach, immediately terminate the permit.
i) All costs for insurance shall be the responsibility of the applicant.
ii. Additional Insured. All insurance policies, with the exception of workers'
compensation, shall name the following listed entities as additional
insured(s):
a) The city and its elected and appointed officials, officers, employees,
agents and volunteers.
b) The above -listed entities shall be additional insured(s) for the full
available limits of liability maintained by the applicant, whether
primary, excess, contingent or otherwise, irrespective of whether such
limits maintained by the applicant are greater than those required by
this permit, and irrespective of whether the certificate of insurance
provided by the applicant pursuant to subsections iv and v of this
section describes limits lower than those maintained by the applicant.
iii. Subcontractors. Applicant shall ensure that each subcontractor of every tier
obtains and maintains at a minimum the insurance coverages listed in
subsection v of this section. Upon request of the city, the applicant shall
provide evidence of such insurance.
iv. Evidence of Insurance. The required certificates of insurance in subsection v
of this section shall clearly state who the provider is, the coverage amount,
the policy number, and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this contract or permit. The
policy shall name the city, its elected and appointed officials, officers,
employees, agents and volunteers as additional insured's, and shall contain a
clause that the insurer will not cancel or change the insurance without first
giving the city prior written notice. A copy of the additional insured
endorsement will be included with the certificate. The insurance shall be with
an insurance company or companies rated A-: VII or higher in Best's Guide
and admitted in the state of Washington (or issued as a surplus line by a
Washington surplus lines broker).
v. Coverages and Limits.
a) Insurance.
a. At all times during performance of the services, applicant shall
secure and maintain in effect insurance to protect the city from
and against all claims, damages, losses, and expenses arising
out of or resulting from the performance of this contract or
permit. Applicant shall provide and maintain in force insurance
in limits no less than that stated below, as applicable. The city
reserves the right to require higher limits should it deem it
necessary in the best interest of the public.
b. Commercial General Liability Insurance. Before this contract or
permit is fully executed by the parties, applicant shall provide
the city with a certificate of insurance as proof of commercial
liability insurance and commercial umbrella liability insurance
with a total minimum liability limit of one million dollars per
occurrence combined single limit bodily injury and property
damage, and two million dollars general aggregate. The
aggregate limit will apply "per job" or "per project." The policy
will include Washington stop gap (employer's liability)
coverage.
b) Commercial Automobile Liability Insurance.
a. If the applicant owns any vehicles, before this contract or
permit is fully executed by the parties, applicant shall provide
the city with a certificate of insurance as proof of commercial
automobile liability insurance and commercial umbrella liability
insurance with a total minimum liability limit of one million
dollars per occurrence combined single limit bodily injury and
property damage. Automobile liability will apply to "any auto"
and be shown on the certificate.
b. If the applicant does not own any vehicles, only "non -owned
and hired automobile liability" will be required and may be
added to the commercial liability coverage at the same limits
as required in that subsection above entitled "Commercial
General Liability Insurance."
c) Workers' Compensation. The applicant shall comply with workers'
compensation coverage as required by the industrial insurance laws
of the state of Washington.
3) Bond.
i. The applicant shall provide a minimum of $10,000 bond to assure successful
completion of the permitted work. The city may use this bond to complete
unfinished work or to correct any damage to existing infrastructure that is
caused by the permittee.
ii. The bond may be written for a single event, a specific duration or it may be
evergreen.
iii. The city reserves the right to request additional bonding should it be
determined that the amount of the work or risk exceeds the capacity of the
bond.
7
iv. If the bond is for a single event, the bond shall be returned to the permittee
upon successful completion of the work, as determined by the City.
v. This requirement is not in addition or instead of the bonding/insurance
requirements for a city capital improvement project.
H. Roads less than five years old can be cut, but will cost 150% of restoration fee with no PCI
discount.
I. The permittee shall notify the City upon completion of the work.
J. The city will provide any necessary inspections, during normal business hours, inclusive in
the permit fee. Should the permittee request inspections outside normal business hours, or
should additional inspections are necessary to ensure public safety, the permittee shall pay
for all additional inspection costs, including overtime costs.
K. Except as otherwise expressly provided herein, all costs of complying with this chapter shall
be borne by the applicant/permittee.
L. Upon receipt of a complete excavation permit application package, the City shall determine
and set forth all requirements, approve or disapprove the application, and, if approved, sign
and return it to the applicant with a permit number.
1) Each permit will state the estimated start and completion date of the permitted work.
i. Type A 1-30 days ($100)
ii. Type B 30 additional days ($100)
2) The City may grant extensions of time (Type B permit) if requested by the permittee.
i. The permittee must request the time extension at least 24 hours prior to the
stated completion date of the permit.
ii. Additional fees required by the requested extension must be paid prior to the
issuance of the extension.
3) The City may modify the permit if circumstances or conditions appearing after the
work is started make it impossible, dangerous or excessively inconvenient to the
travelling public for the permittee to comply with the requirements of the permit.
4) No person in violation of any requirement of this chapter shall be issued an
excavation permit, nor shall any contractor or agent apply for or be issued an
excavation permit on the person's behalf, until the outstanding violation is corrected.
i. The foregoing requirement is in addition to any penalty or remedy for violation
that may be imposed or sought by the city at law or equity.
8
8.72.050 Execution of work.
A. Work hours.
1) The permittee is encouraged to perform the work outside of normal commute times,
however, the permittee may make its case to the City for when the work needs to be
done.
i. Alternate hours, including nights or weekends, may be required for operations
that unduly disrupt traffic flows or represent potential safety hazards.
B. A copy of the approved excavation permit shall be kept at the work site all times while such
work is in progress.
C. Permittee shall conform to any public notification requirements included in the permit,
contract documents, or approved plans.
D. Right-of-way crossings shall not unreasonably interfere with or unduly impair the proper and
safe use of the right-of-way or adjacent properties.
E. All persons performing work shall take reasonable precautions not to damage or destroy
existing facilities.
F. Excavation requirements.
1) Except for requirements subject to the exclusive jurisdiction of another regulatory
agency, the location, depth and other physical characteristics of any facilities for
which an excavation permit is issued shall be subject to approval of the City and all
backfilling, compaction and pavement restoration performed for any excavation shall
comply with the city's current design standards, as posted on the Department of
Utilities and Engineering's webpage.
i. Permittee shall coordinate their installation with existing facilities to minimize
damage to, and avoid undue disruption and interference with the public use
of such rights-of-way.
ii. The use of directional drilling or other guided tunneling processes may be
required.
2) No trench shall be opened in any street for the purpose of laying pipes, conduits or
ducts more than four hundred (400) feet in advance of the pipe, conduit or ducts
being placed in the trench.
3) The excavated pavement and other rubble shall be removed, together with any
surplus excavated material, within one working day from the time such material is
placed upon the street.
9
4) Whenever a pavement cut is required, pavement shall be sawcut to neat, true lines
parallel and perpendicular to the centerline of the road.
i. Width of pavement cut shall be sufficient to remove any broken or cracked
pavement and to allow for the equipment required to obtain the required
compaction.
ii. Edges of pavement cuts shall receive an application of tack coat prior to
placing the new pavement. All asphalt patches shall match existing road
sections, including base depth and material.
iii. Whenever any caving occurs in the sidewalls of any excavation, the
pavement above such caving shall be cut away.
a) In no case shall any void under a pavement be filled by any side or
lateral tamping.
5) Restoration.
i. Any disturbance of pavement (including damage caused by dumpsters or
construction drop boxes), sidewalk, driveways, landscaping, striping or other
marking, traffic loops or other devices, or any other feature shall be restored,
repaired or replaced to City standards or to the condition existing prior to the
disturbance, as modified by the requirements herein, if no restoration
standard exists.
a) Destructive cuts for utility locates shall be as small as possible and
shall be restored with flo-fill or low PSI concrete as approved by the
director.
ii. Replacement of roadway in lieu of restoration fee, may be requested by the
permittee and is permissible if agreed to by the City.
iii. Work areas, including adjacent areas that were cleared/grubbed or damaged,
shall be stabilized and reseeded within 14 calendar days, weather permitting
and seasonally adjusted, after the permit completion date.
iv. All excavations within the right-of-way shall be backfilled with consecutive lifts
not exceeding eight inches of loose material and shall require a two (2) year
warranty.
v. Sidewalks, curbs, gutters or combination curbs and gutters shall be removed
to nearest joint. All concrete used to replace curbs and gutters shall obtain a
minimum compression strength of 3,000 p.s.i. at 28 days. Curbs and gutters
shall be replaced to conform to the same shape, size and continuous gradient
as existing curbs and gutters.
vi. After backfilling is completed, and prior to repaving the cut, the contractor or
permittee shall remove all loose paving material and trim the edges of the
excavation at the street surface.
vii. Roads and sidewalks shall be restored to a safe, passable condition prior to
the work area being opened for public use.
10
a) Temporary surfaces may be in place for no more than 72 hours
unless weather or other mitigating circumstances are present.
i. The City's approval, with conditions and allowable
duration, is required to leave temporary surface in
place for longer than 72 hours.
ii. Failure to comply with the City's conditions will
constitute a violation under this chapter.
iii. Maintenance of temporary surface will require a
separate encroachment permit if not completed as part
of the original work.
iv. If the temporary surface is not maintained in a safe and
acceptable manner, and the permittee does not
respond or is not able to respond in a timely manner to
maintain the temporary surface as required by the city,
the city may cause the work to be done.
1. The cost thereof, including any inspection costs
and administrative overhead incurred by the
city, shall be assessed against the permittee.
b) Permanent restoration shall require a separate permit if not completed
as part of the original work within six (6) months.
6) Repair of failed surface over excavation.
i. Should the pavement or sidewalk surface over any excavation sink or break
within two years after the excavation has been completed the permittee shall,
upon written notice from the City, immediately repair the installation or backfill
and have the pavement restored as specified by the City, within such time
period as may be specified by the City.
a) If the permittee does not respond or is not able to respond in a timely
manner as required by the City, the City may cause the work to be
done.
b) The cost thereof, including any inspection costs and administrative
overhead incurred by the city, shall be assessed against the
permittee.
G. Maintenance. The permittee shall maintain the work site in a clean and orderly manner.
H. Failure to complete work. If any part of the work referred to in this chapter is not completed
within the time set forth in the permit, the City may provide written notice to the person
performing the work to complete the work within forty-eight (48) hours thereafter.
11
i. If the work is not completed within this time period, the city may cause the
work to be performed, including such work as will restore the work area to a
safe and passable condition until the work can be completed.
ii. The cost thereof, including any inspection costs and administrative overhead
incurred by city, shall be paid by the permittee within thirty (30) days of notice
of the cost.
8.72.060 Review of Ordinance
This ordinance will be reviewed and revised as necessary, at least annually, by the City.
8.72.070 Fees.
A. All applicants and permittees subject to this chapter shall pay permit fees and be subject to
penalty fees if they violate the requirements of this chapter, except as provided below.
1) City projects or crews that are funded out of the general fund may be exempt from
paying permit fees, depending on the original source of the project funding, but must
comply with the remainder of this chapter.
2) City projects or crews that are funded from Fund 142, Arterial Streets Fund, may be
exempt from paying restoration fees, depending on the original source of the project
funding, but must comply with the remainder of this chapter.
3) Roads that the City plans to resurface or reconstruct within the following
12 months are exempt from the resurfacing fee.
4) Restoration fee area shall be calculated in square feet, as follows:
i. $4.05/square foot of trench area, including an additional 3' zone of influence
on each side of the trench.
Roads less than 5 years old will cost 150% of restoration fee except in the
case of emergency excavation they will be charged only 100% of the
restoration fee.
ii. Adjusted by the road PCI, represented in decimal form, to compensate for the
existing condition of the road when cut.
• Example: the restoration fee of a road with a PCI of 40 would be
discounted by 60%
iii. Roads less than 5 years old, regardless of the reason for the cut will not be
adjusted by the PCI.
5) Revenues collected for restoration fee shall be deposited in the street reconstruction
account.
6) The following fees shall apply to right-of-way use permits:
i. Base administration fee = $100.00 (renewable monthly)
12
ii. Inspection fee - $60.00/hour with a one hour minimum.
iii. Penalty fees — Failure to comply with this chapter: $500/violation/day.
8.72.080 Violations.
A. General — Authority of City.
Whenever the City finds probable cause to believe violation of any of the provisions of this
chapter exists, the City shall notify the person responsible for the alleged violation in writing and
shall order the necessary corrections to be made. If such violation is not corrected within the
period of time established by the City, the City may invoke the remedies set forth in this section
and/or any other remedy available under state law or city code. The provisions in this section
are not exclusive remedies. The City reserves the right to take any, all, or any combination of
these actions against any person violating the provisions of this chapter, together with any other
action available under state law or city code.
B. Procedure — Notification of Violation — Effect of Violation.
The City shall notify any person found to be in violation with this chapter of the scope of
violation, the provisions violated, the date of violation (if known), and the required correction.
(1) Said notice of violation and correction shall be in writing and may be hand -delivered,
faxed or e-mailed to the person or persons responsible for the violation. The notice
shall advise such person(s): (a) that failure to correct the violation within the time
specified will subject the violator(s) to imposition of a civil penalty fee up to $500 per
violation for each day the violation remains uncorrected; (b) that all violations shall be
corrected and all assessed penalties paid prior to issuance of another right-of-way use
permit to such persons(s); and (c) that the city reserves the right to invoke any other
remedy available under state law and city code, including but not limited to, filing of
criminal charges pursuant to subsection D of this section.
(2) Should that person fail to correct the violation within the period of time directed, the
director is authorized to assess against the person or persons causing such violation a
civil penalty fee up to $500 per violation for each day the violation remains uncorrected.
Written notice of the assessed penalty fee shall be hand -delivered, faxed or e-mailed to
each person determined to be responsible for such violation.
(3) All violations shall be corrected and all penalties assessed must be paid prior to the
city's issuance of another right-of-way use permit to such person.
C. Corrective actions — Appeal.
(1) Failure to obtain an encroachment permit, failure to comply with an approved
encroachment permit including compliance with traffic control plan, failure to comply
with excavation or trench safety requirements or any other violation that creates an
imminent public safety hazard shall be corrected immediately, and all work shall stop,
and necessary safety precautions shall be taken until the violation is corrected.
i. Failure to immediately comply with the above paragraph shall justify the
assessment of a penalty fee.
13
ii. Repeat offences shall justify the immediate issuance of penalty fees, filing of
criminal charges pursuant to subsection D below, and/or initiation of any
other remedy available to the city under state law or city code.
(2) Any other violation of nonconformance that does not constitute, in the determination
of the City, an imminent public safety hazard, shall be corrected within 10 working days
of issuance of the notice of violation.
i. Failure to comply with the above paragraph shall justify the assessment of
penalty fees.
ii. Repeat offences shall justify the immediate assessment of penalty fees, filing
of criminal charges pursuant to subsection D below, and/or initiation of any
other remedy available to the city under state law or city code.
(3) Appeals of administrative corrective actions. Any person receiving a notice of
violation under this chapter shall have the right to an administrative hearing to contest
the city's determination of violation or assessment of penalty fees.
Any hearing pursuant to this section must be requested by the appellant
in writing within ten (10) days after the appellant receives notice of
violation. The appellant's written request for hearing shall be filed with
the City. Failure to submit a timely notice shall be deemed to be a failure
to exhaust administrative remedies and shall preclude any further review.
The city will conduct the hearing within twenty days of the receipt of the
request.
ii. The administrative hearing authorized by this section will be held before
the city manager or the city manager's designee. Formal rules of
evidence will not apply but the appellant and the city shall have the right
to present witnesses and documentary evidence. The city manager or the
city manager's designee will issue a written decision within ten (10) days
of the conclusion of the hearing.
Any appellant requesting a hearing shall have the right to make an
electronic or stenographic record of the proceedings. Such record shall
be made at the discharger's expense.
iv. Except as otherwise provided, all decisions by the city manager shall be
final and conclusive on all parties unless within twenty (20) days from the
date of final action, the appellant files a petition for review in a court of
competent jurisdiction in the manner prescribed by law.
(4) Notwithstanding the provisions above, the city reserves the right to file criminal
charges or pursue any other available remedy without first assessing penalty fees or
pursuing administrative remedies set forth above, when, in the sole determination of the
city, the violation cannot be effectively remedied by assessment of penalty fees or
imposition of any other administrative remedy set forth above.
D. Criminal penalties. Any person who willfully, knowingly, recklessly or negligently violates
any provision of this chapter through any act or omission shall, upon conviction, be guilty of a
misdemeanor, punishable by a fine of not more than one thousand dollars or imprisonment not
14
to exceed ninety (90) days, or by both such fine and imprisonment. Each violation and each day
of each violation shall constitute a separate offense.
15
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COMBINED SERVICES AREAS MAP
-- — — CITY LIMITS
CITY OF YAKIMA WATER SVC AREA
NOB HILL WATER SERVICE AREA
1
CHARTER COMM. SERVICE AREA
(SERVICE AVAILABLE - NOT ALL PROPERTIES ARE CUSTOMERS)
CASCADE NATURAL GAS SERVICE AREA
(OVERLAYS CHARTER, PACIFIC POWER & CENTURYLINK)
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s.
City of Yakima
July 1, 2014
Revised Ordinance 8.72 Excavations in the Public Rights -of -Way
Jae 0Pa/5/1
f Distributed at the
Rt oR al
Chain of Command
C e:€*o Rnc ''
ivieeting
/-�T/7
1-1 -4 ri".ite lSion
Permit holder presumed to be
General Contractor. Permit holder is
responsible for completion of the task
to city standards.
General Contractor is liable for all
that goes on in the workplace.
Excavator gets the permit. City
has the ability to change the
work schedule and modify the
permit. General is not in control.
There still exists
some language
that is in conflict
with customary
job -site practices.
Still needs work.
Violations and Penalties
City shall have a cause of action for all
expenses and amounts paid out on
work to be collected in a civil action.
Same plus Civil Penalties of up to
$500 per violation per day.
Criminal penalties upon
conviction up to $1,000 and
imprisonment of up to 90 days
Seriously
Appeals of administrative
corrective actions.
not found
A Hearing before the city
manager or the city manager's
designee
It is unjust for
the maker of the
decision under
appeal to hear
the appeal.
MUTCD compliance
Requires compliance with the most
current edition of the Manual on
Uniform Traffic Control Devices
Requires compliance with the
most current edition of the
Manual on Uniform Traffic
Control Devices
Revision added
too much
informational
detail.
Issuance of permits,
administration, and
enforcement of this
Chapter
The office of the director of
community and economic
development or designee.
Permit Review by the Director of
Utilities & Engineering.
Administration and enforcement
by the Dept. of Community
Development.
This could easily
become a
bureaucratic
nightmare if staff
is not
cooperative with
all.
Permits Transferrable?
Ordinance presumes the General
Contractor is the permit applicant and
details the General's responsibilities
pertaining to subcontractors.
All contractors excavating or
tunneling must obtain their own
permit.
The General has
lost control of
the project
schedule at this
point. The City
has the ability to
amend permit
details
City of Yakima
July 1, 2014
Revised Ordinance 8.72 Excavations in the Public Rights -of -Way
ebult
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. DrafttReinsion
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Comment*
8.72 Permit requirement
applies to ...
Applies to any person using or
working in the public rights-of-way,
but requires the "applicant" to ensure
each subcontractor is current with
Commercial liability and Commercial
Auto insurance.
Applies to any person digging in,
breaking, excavating, tunneling,
or undermining any street or
other public place
Draft is more
limited but
doesn't
necessarily apply
to General
Contractor.
Purpose statement
8.72.040 Purpose of Permit -
Backfilling -Repair of sidewalk
8.72.010 Purpose ...to preserve
the safety of the public, ...and to
preserve, protect and improve
the quality of ...roadway
infrastructure
Lofty, but doesn't
include
generating new
revenue.
Permit Classification
Utility Class and nonutility class. The
utility class shall include all such
permits issued to franchise utilities or
their subs. Nonutility class to all
others.
No classifications. All treated
equally.
May make it
easier to track
projects exempt
from "Additional
Fees" for
Emergency work.
(see below)
Permit Basic Fees
$100 for the first hour which includes
on-site inspection and 1/2 of
inspectors time. Additional inspector
time at $60/hour. Non-utility is $100.
$100 for first 30 days. $100 for
each additional 30 days.
Inspections at $60/hour.
This works either
way.
Other Fees
"Additional fee" to cover cost of
restoring street to condition prior to
work performed. This is mentioned,
but dollar cost is not identified.
Restoration Fee ($4.05/square
foot) including 3 feet each side of
trench area. This is down from
$8.63/square foot curb to curb.
Street
reconstruction in
the private
sector cost just
over
$2.00/square
foot.
Emergency Situations
"Additional fee" does not apply here.
Further, it does not apply within the
five year period for a reconstructed
street if the emergency could not
have been reasonably foreseen.
100% of Restoration Fee applies
in the event of an emergency.
Added cost of
doing business
will be passed
along to the
consumers.
Revenue dedication
Revenue from the "Additional fee"
shall be deposited in the street
maintenance account for general
street maintenance.
Revenues collected from
restoration fees shall be
deposited in the street
reconstruction account.
The consumers
of the service
provided will pay
these new costs.
CENTRAL WASNINGTON
HOME BUILDERS ASSOCIATION
"Building and Supporting Our Communities Since 1955"
Good evening Council members and members of the City Staff,
Distributed at thea q
Meeting --
June 17th, 2014
Yakima City Council
On behalf of the over 560 businesses which make up the Central Washington Home Builders
Association we are pleased to provide our comments. The CWHBA is a not-for-profit 501 C-6
trade association established in 1955 now serving a six county region of Central Washington.
What you have with this ordinance 8.72 revision is an improved version of what we were
presented with late last year thanks to the willingness of the City Manager to work with the
utility group over the past few months. At that first meeting in December with city staff, the
assembled group of contractors were surprised to hear Mayor Cawley suggest that this code
revision was needed. None of us had an idea that we had a problem. City staff claimed the
safety of workers and motorists alike, in or around construction zones, was at risk because the
current ordinance was inadequate. We weren't aware of any incidents that may have occurred
under the current ordinance but, OK, who's going to argue with public safety? I would just
remind the council that there are motorists on the road every day with their eyes somewhere
other than on the road, and we can't help that.
I was prepared to submit comments two weeks ago, but now I'm glad I didn't. The ordinance
has changed since then. The new language is:
8.72.030 Excavation permit required — Administration. A. ... The approval of such
permits shall be performed by the office of the director of the utilities and engineering
department or designee. Receipt of applications and fees, issuance of approved permits,
administration and enforcement of the provisions of this chapter shall be performed by the
director of the city's community development department or designee. Comment: In my opinion,
this creates a bureaucratic barrier between the permit applicant and the staff reviewing the
permit applications. This language removes the possibility of immediate or direct
communication between the applicant and the Review staff. This could easily become a
bureaucratic nightmare if staff is not cooperative with all involved.
Page 2, B. I) ... In case of an emergency arising outside of office hours when an
immediate excavation may be necessary for the protection of life and property, it shall be
reported to the administrator on the first working day thereafter. The permit for said work shall
be obtained at the time of reporting. Comment: This is somewhat in conflict with the B.
paragraph above.
We have a current M.C. 8.72 on the books today. Yes, portions of the ordinance were so
overbearing that previous administrations chose not to enforce them, but parts of it are good and
still in use today. In fact, much of the revision on the table before you today is a blend of the
two. However since our last meeting with the City Manager we have identified a few things that
we missed or thought we had agreement on, but were not changed. These are detailed on page 3.
I've also come up with a matrix comparing some of the differences between the current and the
revision.
MAIN OFFICE:
3301 W. Nob Hill Blvd. • Yakima, WA 98902
P: 509.454.4006 • 800.492.9422 • F: 509.454.4008
KITTITAS CHAPTER:
1206 Dolarway Rd., Ste. 216 • Ellensburg, WA 98926
P: 509.859.3457
So what changes will take place if this ordinance is adopted? The new ordinance will not
noticeably change the way street cuts and repairs are done. The biggest change is the size of
the asphalt surface cap. The new ordinance will not change the frequency of emergency
repairs. Only administrative action by city staff can change that. The ordinance will have very
little effect on the frequency of street cuts. But an incentive will work. The fee exemption for
work within the 12 month timeframe of street reconstruction is common with both versions
of the ordinance.
If the city will maintain a public rolling calendar identifying their plans for future street upgrades
12 months in advance of the work there will likely be fewer, or at least better timed street cuts.
The advance notice will allow the utility providers and anyone on a failing septic system to
upgrade their systems prior to the street update without paying the additional fees. This kind of
administrative public notice policy has not historically been the city's practice, is not found in
this ordinance, and doesn't have to be.
The current ordinance also allows for other exemptions from the "additional fees". That is:
Whenever an emergency exists, even if it occurred within the first five-year period, or if it could
not have been reasonably foreseen. Under the revision before you today, those utility companies
responsible for maintaining our PUBLIC infrastructure will be punished for making necessary
emergency repairs. This single change makes this ordinance more onerous and more costly than
the current one that was never enforced because it was "too harsh". An increase in the cost of
doing business like this will directly or indirectly be passed along to the public consumer.
• This revised ordinance represents a continuation of the same basic work zone practices
and the same basic permit fee structure as we have today.
• It creates a cumbersome double department administration process to manage the right-
of-way permit process.
• It also includes much more complicated and detailed regulations to contend with.
• In its current draft form it imposes a new revenue enhancement mechanism, the
Restoration Fee.
• The city can reduce the frequency of street breaks without this revision by maintaining a
12 month rolling calendar forecast schedule for street work. Lacking that, the frequency
of street cuts will likely change very little.
The Council has a decision to make. May that decision best serve the good citizens of Yakima.
Sae el y,
Joe'Walsh
Government Affairs Director
Central Washington Home Builders Association
Comments on certain language in the June 17`h draft ordinance:
8.72.010 Purpose. The purpose of the chapter is to preserve the safety of the public and to
preserve, protect and improve the quality of city roadway infrastructure by regulating the uses of
and construction in the public right-of-way. Comment: This Regulation by itself is incapable of
improving the quality of city roadway without a systematic street maintenance program.
Revenue generation is not mentioned as a purpose.
New Language -
8.72.030 Excavation permit required — Administration. A. ...The approval of such
permits shall be performed by the office of the director of the utilities and engineering
department or designee. Receipt of applications and fees, issuance of approved permits,
administration and enforcement of the provisions of this chapter shall be performed by the
director of the city's community development department or designee. Comment: In my opinion,
this creates a bureaucratic barrier between the permit applicant and the staff reviewing the
permit applications. This language removes the possibility of immediate or direct
communication between the applicant and the Review staff. This could easily become a
bureaucratic nightmare if staff is not cooperative with all involved.
Page 2, B. 1) ... In case of an emergency arising outside of office hours when an
immediate excavation may be necessary for the protection of life and property, it shall be
reported to the administrator on the first working day thereafter. The permit for said work shall
be obtained at the time of reporting. Comment: This is somewhat in conflict with the B.
paragraph above.
Previous Draft -
8.72.030 Excavation Permit required.
Page 2, B. "Nothing in this chapter shall be construed to prevent any person from maintaining
any public facilities in or under any right-of-way ..." Comment: True enough, but NEW fees
could be construed to "discourage" maintenance of underground infrastructure and at a high
enough cost, could outright inhibit some.
Page 2, C. Permits are not transferable. All contractors excavating or tunneling in the right-of-
way must obtain their own permit. Comment: The General contractor is liable for all activities
that take place on his/her jobsite yet he is not required to get the permit because he hires another
contractor to be his excavator. This still needs work.
8.72.040 Conditions of Permit
Page 4, F. The permittee shall be responsible for the utility location service, surface (asphalt,
concrete, other) cut, excavation, backfill, compaction, surface replacement, testing, ...
Comment: It was agreed that the testing requirement would be removed because the work is
warrantied for 2 years.
Page 8, J. The city will provide any necessary inspections, during normal business hours.
inclusive in thc permit fcc. Should the permittee request inspections outside normal business
hours, : • . .... : • tions are necessary to ensure public safety, the permittee shall
pay for all additional inspection costs, including overtime costs. Comment: Strike ", inclusive in
the permit fee" The Type A and B permit covers administrative costs, not inspection costs. Also
remove from between the commas in the next sentence ", or should additional inspections are
necessary to ensure public safety,"
Page 8, L. 3) The city may modify the permit if circumstances or conditions appearing after the
work is started make it impossible, dangerous, or excessively inconvenient to the travelling
public for the permittee to comply with the requirements of the permit. Comment: Can we define
"excessively inconvenient"? Lacks certainty.
8.72.050 Execution of the work.
Page 9, A. 1) i Alternate hours, including nights or weekends, may be required ... Comment:
Such requirements should be anticipated at the time permit is issued. Lacks certainty.
Page 9, F. 1) ii The use of directional drilling or other guided tunneling processes may be
required. Comment: Such requirements should be anticipated at the time permit is issued.
Lacks certainty
8.72.080 Violations.
Page 13 C. (3),ii The administrative hearing authorized by this section will be held before the
city manager or thc city manager's designee. (then to the last sentence) The city manager or-thc
city managers designee will issue ... Comment: Remove both references to the city managers
designee. "if I get a speeding ticket and go to court, is the cop going to be the judge?"' "That is
the level of cynicism that this language invites."
We greatly appreciate your earnest consideration of our comments. Thank You
NOB HILL WATER ASSOCIATION
6111 Tieton Drive • Yakima, Washington 98908
June 16, 2014
To the Honorable Mayor and the Members of the Yakima City Council
Re: Proposed right of way ordinance
Distributed at the'g q
Meeting1-1-/1/
Phone: (509) 966-0272
FAX: (509) 966-0740
As Manager of Nob Hill Water Association, and as a resident of the City of Yakima, I am
pleased that the council has made the commitment to improve the infrastructure of the
roads within our community. The need to protect such an investment is understood.
And while Nob Hill Water staff has worked with the Mr. O'Rourke to help draft the
proposed ordinance, there are some philosophical differences with this ordinance that I
would like to address.
#1 - "While neither private utility companies, or our own City utilities are enamored with
the prospect of a street restoration fee, I believe they understand that protection and
preservation of our roads is critical to our agricultural based economy and mobility."
Protection and preservation. This ordinance will not protect and preserve roads.
Simply stated, the new ordinance does not change the frequency of repairs, or lessen the
number of road cuts. To protect and preserve the new roads, the City can, and should
notify all utilities of their grind and overlay plans far enough in advance so that capital
improvements can be scheduled and completed in a reasonable manner.
#2 - "Currently, utility taxes, property taxes, and franchise fees pay for the general city
services and do not cover the cost of replacing or repaving city streets."
The City collects almost $15 million dollars from utility customers in utility taxes
and franchise fees, annually. From the 2014 Preliminary Budget summary, it looks like
utility taxes are the second highest revenue source in the budget.
#3 - "While an argument could be made that this street cut fee is simply an additional
expense that will be passed onto both public and private utility customers, it will ensure
the equitable cost distribution of repairing our streets when our streets are damaged by
excavation. In addition, the street cut fee does not "double tax" city of Yakima residents
and businesses since many of the utilities do not have a contiguous customer base with
the City."
In the 2014 Preliminary Budget, Section II page 11, the Council was shown a per
capita chart of B & 0 / Utility taxes; Yakima was almost in the middle. Not the highest
or the lowest. The City of Richland was the only Eastern Washington city that had a
hi her per capita B&O / Utility Tax.
Accessing the State Auditor's web page, I was able to review and confirm the numbers
that were presented to the council. (Per Capita, Utility / B and 0 Tax) The US Census
Bureau from 08-12 provided information as to the Median Household Income for the
same cities within the State of Washington and that information was added to the table.
When sorted by Median Household Income, the City of Yakima is dead last. (Median
Household Income) Dead last. And the City of Richland that had the higher per capita
B&O /Utility Tax? Their median household income ranked 4th!
Here is where it gets interesting. The percentage each utility (or rather their customer
base) pays to their perspective municipality was added to the chart; then sorted by the
total. Guess who is number 1? City of Yakima now ranks first, by a rather substantial
amount. (Total Utility Tax)
While staff may ascertain that a restoration fee is NOT double taxing City customers, let
me offer a different philosophical perspective. Increasing operation and maintenance
expenses for a restoration fee will lead to a rate increase. And, whenever there is a utility
rate increase, for whatever reason, the City receives more revenue via the utility tax.
Let's see this for what it is. A tax that will be passed along to utility customers, not just
once, but twice, and potentially by multiple utilities. First in increased rates to pay
restoration fees that will go directly to the City and then by increased utility taxes that
will also go to the City.
While 75% of the respondents in the 2013 Citizen Survey believe that investment in the
City's infrastructure is essential, I do not believe that the citizens would agree that this is
the way it should be funded. In fact, the 2012 Citizen Survey shows that almost 80% of
respondents were either strongly or are somewhat opposed to increasing sales taxes or
property taxes to pay for roads. They were, however, evenly split on the annual $20 car
tab fee to pay for roads.
For these reasons, I am philosophically opposed to this ordinance. It is a new revenue
stream (tax) that will be a burden to City residents; residents that are already on the
bottom of the median household income scale, but at the top of the utility tax scale.
Residents who have already voiced their opinion on increased taxes for roads in the 2012
Citizen Survey.
In closing, I would ask that City utility bills in the future clearly state the amount (in
dollars and percentage) of utility tax that is being paid on each statement; water, sewer,
and garbage.
, Nob Hill Water Association
Yakima resident, N 36th Ave.
cje/erp 4/15/2014 9:54 AM master bud Exhibit 3 Charts 2014 rvsd.xlsx GF rev detail 2013act
Page 1 of 5
A
B 1 C 1 D I E I F 1 G
H
2
3
General Fund
Resources
- 2014 Budget
.
4
5
6
Actual
Amended
Actual
Adopted
14 vs' 13
7
Receipts
Budget
Receipts
Budget
Budget Est
8
2012
2013
2913
2014
Change
10
TAXES
11
Real and Personal Property Tax
$9,935,939
$10,016,000
$10,195,969
$11,178,000
9.6%,
12
Safe Community Action Plan Property Tax
$0
$0
$0
$0
n/a
13
Criminal Justice Sales Tax .1%
851,436
1,000,000
1,065,356
1,090,000
2.3%
14
Criminal Justice Sales Tax .3%
1,645,572
1,747,000
1,856,855
1,880,000
1.2%
15
Retail Sales & Use Tax
13,494,844
14,000,000
14,462,963
14,820,000
2.5%
16
Franchise Fees
17
Nob Hill Water Association
56,145
50,000
56,645
56,000
-1.1%
18
Natural Gas (in util tx starting 2006)
0
. 0
0
0
#DIV/0!
19
Total Franchise Fees
$56,145
$50,000
$56,645
$56,000
-1.1%
20
Utility Tax
21
Pacific Power & Light
$4,166,383
$4,265,000
$4,327,470
$4,265,000
-1.4%
22
Nob Hill Water Assn.
523,092
520,000
569,972
540,000
-5.3%
23
Natural Gas
1,026,048
1,020,000
965,656
890,000
-7.8%
24
Valley Disposal
504,053
420,000
516,282
510,000
-1.2%
25
Cable TV Utility Tax
500,000
#DOV/0!
26
Cellular Telephone
1,384,239
1,300,000
1,188,138
1,300,000
9 4%
27
Telephone
702,492
815,000
840,086
815,000
-3.0%
28
City Water Utility
1,661,565
1,550,000
1,636,243
' 1,664,000
1.7%
29
City Sewer Utility -
3,508,656
3,650,000
3,665,226
3,832,500
4.6%
30
City of Yakima Refuse
766,375
' 820,000
823,579
830,000
0.8%
31
City Stormwater Utility
129,962
120,000
129,977
130,000
n/a
32
_
SCAP Large Users Cap Eliminate
0
0
0
0
n/a
33
Sewer Septage
0
0
0
0
n/a
34
Total Utility Tax
$14,372,865
$14,480,000
$14,662,629
$15,276,500
4.2%
35
Business License Tax
500,786
510,000
561,095
510,000
-9.1%
36
Gambling Excise Tax
852,243
867,500
835,613
881,500
55%
37
Abatement Charges/Appeals
24,707
15,000
50,736
25,000
-50.7%
38
Leasehold Excise Tax
8,598
4,000
14,827
4,000
-73.0%
39
Total Taxes
$41,743,135
842,689,500 $43,762,688
$45,721,000
' 4.5%
40
41
LICENSES AND PERMITS
42
Regulatory Business Licenses
$23,803
$20,000 $26,585
$24,000
-9.7%
codes
43
Amusements
2,710
3,200 2,405
3,200
33.1%
codes
44
Penalties on Business Licenses
6,525
4,500 5,353
6,000
12.1% .
codes
45
Gun Permits
27,188
17,000 25,358
28,000
10.4%
police
46
Building Permits
628,276
530,000 541,502
530,000
-2.1%
codes
47
Building Code Inspections - Selah
0
#DIV/0!
codes
48
Fire Code Permits •
24,108
13,000 33,420
24,000
-28.2%
codes
49
Mechanical Permits
52,759
35,000. 54,558
45,000
-17.5%
codes
50
Plumbing Permits
79,248
65,000 64,429
65,000
. 0.9%
codes
51
Sign Permits
14,355
8,000 9,954
8,000
-19.6%
codes
52
Code Infraction Penalties
438
-161
-100.0%
codes
53
Miscellaneous Permits
-50
0 150
0
-100.0%
codes
54
Environmental Impact Permits
8,215
8,000 6,095
8,000
31.3%
planning
55
Dangerous Dog Registration Fee
0
0 0
..0
#DIV/0!
codes
56
Dog Licenses
20,622
24,000 25,641
24,000
-6.4%
codes
57
Dog License Penalties
560
0 5,090
0
-100.0%
codes
58
Right -of -Way Use Permits
3,525
4,000 17,049
4,000
-76.5%
codes
cje/erp 4/15/2014 9:54 AM master bud Exhibit 3 Charts 2014 rvsd.xlsx GF rev detail 2013act
Page 1 of 5
$400
$350
$300
$250
$200
$150
$100
$50
$0
B & O / UTILITY TAXES
Yakima's per capita B&O / utility tax is $174, which is
$44 less than the average city per capita of $218
$141
$170 $172 $174
$204
$504
Marysville Pasco Kennewick Auburn
Kent
Yakima Renton Kirkland Richland Redmond Everett Bellevue
Note: Yakima's per capita B&O/Utility taxes were $144 or $64 less than the average City per capita
in 2011. The additional 6% tax on the City utilities was started in 2012, and Yakima remains below
the comparable average.
CHARGES FOR SERVICES
This revenue category consists of revenues from various parks and senior citizen programs, plan
checking fees and street and traffic engineering fees, etc. However, the largest component (more
than half), are fees paid by other City funds for General Fund services (legal, administration,
purchasing, utility billing, etc).
> 2014 projection is $7,007,789. This is a 14.8% or $904,308 increase from the 2012 estimate.
Reorganizations in the Engineering and Public Safety Communications divisions resulted in
2 activities currently being paid in other funds moving into General Government funds,
along with their corresponding revenue Specifically, the allocation of engineering staff to
the City utilities was changed upon review by the new Utilities and Engineering Director,
moving the expense from City utilities into General Fund. This change comes with
additional revenue of about $200,000. Also, the Electronics Function is coming under the
Information Technology Manager moving from the Public Safety Communications fund,
which adds about $103,000 to this revenue category.
A new encroachment fee for street breaks is being proposed, and $150,000 is the estimated
revenue for this new program.
The other major component of this increase is a re-evaluation of the City Service Charge,
including a new methodology to keep the charge more consistent among the various funds.
This category is estimated to increase by about $360,000.
Other changes are related to usage estimates, and are relatively flat.
General Government Funds • Section II —11
PER CAPITA
UTILITY / B AND 0 TAX
PER CAPITA
CITY B & O TAX
BELLEVUE 504
OLYMPIA 369
BELLINGHAM 336
EVERETT 323
REDMOND 297
RICHLAND 205
KIRKLAND 204
RENTON 182
YAKIMA 174
KENT 172
AUBURN 170
KENNEWICK 150
FEDERAL WAY 144
PASCO 141
LAKEWOOD 107
MARYSVILLE 91
BURIEN 78
SHORELINE 76
SPOKANE VALLEY 30
Population between 45K and 125K (not including Sammamish)
From State Auditor's Web Page & 2014 COY Prelim Budget
MEDIAN HOUSEHOLD INCOME
PER CAPITA Median
CITY B & O TAX HH Income*
REDMOND 297 $ 96,088
BELLEVUE 504 $ 88,073
KIRKLAND 204 $ 86,656
RICHLAND 205 $ 68,744
SHORELINE 76 $ 66,160
MARYSVILLE 91 $ 65,627
RENTON 182 $ 64,482
KENT 172 $ 58,477
FEDERAL WAY 144 $ 57,583
AUBURN 170 $ 54,329
OLYMPIA 369 $ 53,147
KENNEWICK 150 $ 51,581
BURIEN 78 $ 50,595
PASCO 141 $ 49,220
SPOKANE VALLEY 30 $ 48,690
EVERETT 323 $ 47,491
LAKEWOOD 107 $ 42,241
BELLINGHAM 336 $ 40,844
YAKIMA 174 $ 40,569
Population between 45K and 125K (not including Sammamish)
*Median HH Income from US Census Bureau 08-12
BY TOTAL UTILITY TAX
PER CAPITA Median Gas Electric Telephon Water Sewer Storm S. Waste Cable Total
CITY B & O TAX HH Income*
YAKIMA3 174 $ 40,569 6 6 6 22 20 6 16 5 87
RICHLAND 205 $ 68,744 8.5 8.5 8.5 12.263 10.5 8.5 10.5 7.5 74.763
OLYMPIA' 369 $ 53,147 9 9 9 10 10 10 10 5 72
KENNEWICK 150 $ 51,581 8.5 8.5 8.5 15.5 15.5 1 7 7 71.5
KENT 172 $ 58,477 6 6 6 13 13 13 7.8 6 70.8
PASCO 141 $ 49,220 8.5 8.5 8.5 8.5 8.5 8.5 8.5 8.5 68
BELLINGHAM 336 $ 40,844 6 6 6 11.5 11.5 11.5 6 6 64.5
KIRKLAND2 204 $ 86,656 6 6 6 11.8 9.5 7 9.5 6 61.8
MARYSVILLE 91 $ 65,627 5 5 6 8.5 8.5 8.5 15 5 61.5
RENTON 182 $ 64,482 6 6 6 6.8 6 6.8 6.8 6 50.4
SHORELINE 76 $ 66,160 6 6 6 6 6 6 6 5 47
AUBURN 170 $ 54,329 6 6 6 7 7 7 7 1 47
FEDERAL WAY 144 $ 57,583 7.75 7.75 7.75 0 0 7.75 7.75 7.75 46.5
BELLEVUE 504 $ 88,073 5 5 6 10.4 5 0 4.5 4.8 40.7
REDMOND 297 $ 96,088 6 6 6 9.2 0 0 6 5 38.2
LAKEWOOD 107 $ 42,241 5 5 6 0 0 6 6 6 34
EVERETT 323 $ 47,491 4.5 4.5 4.5 6 6 6 0 0 31.5
BURIEN 78 $ 50,595 6 6 6 0 0 0 6 6 30
SPOKANE VALLEY 30 $ 48,690 0 0 6 0 0 0 0 0 6
Population between 45K and 125K (not including Sammamish)
RCW 35.21.870 6% or Tess, unless voter approved on electric, gas and telephone
*Median HH Income from US Census Bureau 08-12
1 City of Olympia only charges 6 percent for non -city owned utilities
2City of Kirkland lowered utility rates for higher tax amount
'City of Yakima customers pay 20% / NHW customer pay 22%
City of Yakima 1 2012
CUSTOM QUESTIONS
"Don't know" responses have been removed from the following questions, when applicable.
Custom Question 1
Please indicate how much you would
support or oppose each of the following
ways to fund future street/road repairs in
Yakima:
Strongly
support
Somewhat
support
Somewhat
oppose
Strongly
oppose
Total
Annual $20 "car tab" fee on all registered
vehicles
23%
27%
17%
33%
100%
Sales tax increase
5%
19%
24%
52%
100%
Property tax increase
4%
15%
18%
63%
100%
Custom Question 2
Please indicate how much you would
support or oppose the City of Yakima ; Strongly
taking the following actions: support
Somewhat
support
Somewhat
oppose
Strongly
oppose
Total
Funding the construction of a new
aquatics facility with a property tax
increase
14%
25%
19%
42%
100%
Funding the construction of a new
aquatics facility with a sales tax increase
14%
25%
21%
39%
100%
Funding the repairs of existing aquatics
facilities with a sales tax increase
10%
29%
25%
35%
100%
Funding the repairs of existing aquatics
facilities with a property tax increase
9%
23%
24%
44%
100%
Custom Question 3
The City of Yakima is considering implementing a curbside recycling program. To
what extent do you support or oppose a curbside recycling program in Yakima?
Percent of
respondents
Strongly support
60%
Somewhat support
28%
Somewhat oppose
5%
Strongly oppose
7%
Total
100%
The National Citizen SurveyTM
51