Chapter 2.56
FUNDS*
Sections:
2.56.020 General municipal—Created.
2.56.030 General municipal—Placement.
2.56.040 General municipal—Accumulation.
2.56.050 General municipal—Unspecified use.
2.56.060 Fire department—Created.
2.56.070 Fire department—Placement.
2.56.080 Fire department—Accumulation.
2.56.090 Fire department—Unspecified use.
2.56.100 Arterial street fund—Created.
2.56.120 Arterial street—Deposit.
2.56.130 Arterial street—State share.
2.56.140 Water fund and sewer fund—Created.
2.56.150 Water and sewer—Deposit.
2.56.160 Water and sewer—Specified uses.
2.56.170 Local improvement guaranty fund—Created.
2.56.180 Local improvement guaranty—Levy.
2.56.190 Local improvement guaranty—Defaulted bond.
2.56.200 Local improvement guaranty—Defaulted bond.
2.56.210 Local improvement guaranty—Payment.
2.56.220 Local improvement guaranty—Claims.
2.56.230 Municipal real property—Created.
2.56.240 Municipal real property—Proceeds.
2.56.250 Municipal real property—Deposits.
2.56.260 Municipal real property—Levy.
2.56.270 Municipal real property—Expenditure.
2.56.300 Contingency fund—Created—Purpose.
2.56.310 Contingency fund—Revenue source.
2.56.320 Contingency fund—Maximum amount.
2.56.330 Contingency fund—Lapse of moneys.
2.56.340 Contingency fund—Withdrawal.
2.56.350 Contingency fund—Separate from other funds.
2.56.360 Cumulative reserve fund for retired and retiring employee benefit payments.
2.56.370 Cumulative reserve fund for the street department.
2.56.390 Broadway debt service fund.
2.56.410 Cumulative reserve fund for the solid waste department.
2.56.430 Planning and engineering fund.
2.56.440 Sidewalk construction fund.
* Maintenance of separate funds required by statute—See RCW 35.37.010. Investment in city’s own reserve fund—See RCW 35.23.505.
2.56.020 General municipal—Created.
There is hereby created and established a cumulative reserve fund to be known as “cumulative reserve fund for vehicles, machinery, and equipment for general municipal purposes.” (Ord. 252 § 1, 1961).
2.56.030 General municipal—Placement.
There shall be placed into the cumulative reserve fund such funds as the city may from time to time budget or allocate from legally available funds, and also any gifts, pledges, or donations, or other funds granted by any agency of government or by any private or corporate person stipulated for such purpose. (Ord. 252 § 2, 1961).
2.56.040 General municipal—Accumulation.
The moneys in the fund may be allowed to accumulate from year to year until the city council shall determine to expend the moneys in the fund for the purpose of purchasing, or acquiring by any legal means, vehicles, machinery, and equipment for use in any municipal purpose. (Ord. 252 § 3, 1961).
2.56.050 General municipal—Unspecified use.
Any moneys in the fund shall never be expended for any other purpose than that specified, without an approving vote by a majority of the electors of the city at a general or special election voting on a proposal submitted to the electors to allow other specified uses to be made of the fund. (Ord. 252 § 4, 1961).
2.56.060 Fire department—Created.
There is hereby created and established a cumulative reserve to be known as “cumulative reserve fund for fire department vehicles and equipment.” (Ord. 253 § 1, 1961).
2.56.070 Fire department—Placement.
There shall be placed into the cumulative reserve fund such funds as the city council may from time to time budget or allocate from legally available funds, and also any gifts, pledges, or donations, or other funds granted by any agency of government or private or corporate person stipulated for such purposes. (Ord. 253 § 2, 1961).
2.56.080 Fire department—Accumulation.
The moneys in the fund may be allowed to accumulate from year to year until the city council shall determine to expend the moneys in the fund for the purpose of purchasing, or acquiring by any legal means, fire department vehicles and equipment and appurtenances thereto for use in suppressing, controlling, or preventing fire or other casualties. (Ord. 253 § 3, 1961).
2.56.090 Fire department—Unspecified use.
Any moneys in the fund shall never be expended for any other purpose than that specified, without an approving vote by a majority of the electors of the city at a general or special election voting on a proposal submitted to the electors to allow other specified uses to made of the fund. (Ord. 253 § 4, 1961).
2.56.100 Arterial street fund—Created.*
There is hereby created and established a cumulative reserve fund to be known as “arterial street fund.” (Ord. 258 § 1, 1962).
* Statutory requirement to keep records of street construction and maintenance expenses—See RCW 35.21.270.
2.56.110 Gas tax.
There shall be deposited into the arterial street fund all moneys received from the state of Washington, pursuant to RCW 46.68.090, comprising a one-half cent gas tax allocation to cities and towns for arterial street purposes. (Ord, 258 § 2, 1962).
2.56.120 Arterial street—Deposit.
There shall also be deposited into this fund, from time to time, and in such amounts, as directed by the city council matching funds of the city received from any of the following sources:
(a) City street fund appropriations for arterial streets;
(b) General obligation bond funds for arterial streets;
(c) L.I.D. funds for arterial street purposes. (Ord. 258 § 3, 1962).
2.56.130 Arterial street—State share.
Pursuant to RCW 46.68.090, no funds shall be expended from the fund for any purpose other than arterial street improvement, repair, or maintenance, and then only when the state allocation share of the cost of such work has been matched by a sum allocated by the city, equal to not less than twenty-five percent of the cost of such work, and the stare share of such funds shall not be obligated or expended until approval and authorization of such expenditure has been obtained from the Washington State Highway Department. (Ord, 258 § 4, 1962).
2.56.140 Water fund and sewer fund—Created.*
There is created and established cumulative reserve funds to be known as the “cumulative reserve fund for the water department” and “cumulative reserve fund for the sewer department.” (Ord. 1085 § I (part), 2000: Ord. 272 § 1, 1963).
* Water redemption bonds and funds generally—See Chapter 35.89 RCW.
2.56.150 Water and sewer—Deposit.
There shall be deposited in the water fund or sewer fund such funds as are designated or appropriated by the city council of the city of Othello as reserve funds for future construction, alteration or repair of the municipal water or sewer systems of the city, or for the purchase of supplies, materials or equipment for use of the water or sewer departments as appropriate. (Ord. 1085 § 1 (part), 2000: Ord. 272 § 2, 1963).
2.56.160 Water and sewer—Specified uses.
The city council shall authorize the expenditure of the funds, but they shall never be used for any purpose other than that provided for herein without an approving vote by a majority of the electors of the city at a general or special election voting on a proposal submitted to the electors to allow other specified uses to be made of the fund. (Ord. 272 § 3, 1963).
2.56.170 Local improvement guaranty fund—Created.
In accordance with Chapter 35.54 RCW, the city of Othello hereby establishes and creates a fund for the purpose of guaranteeing to extend the fund, bonds and warrants issued against local improvement districts in the city of Othello, This fund shall be known and designated as “local improvement guaranty fund.” (Ord. 102 § 1, 1949).
2.56.180 Local improvement guaranty—Levy.
After the passage of this chapter there shall be levied, from time to time as other taxes are levied, such sums as may be necessary to meet the financial requirements of the local improvement guaranty fund hereunder created; and whenever the city of Othello shall have paid out of the guaranty fund any sum on account of principal and interest on a local improvement bond or warrant hereunder guaranteed, the city of Othello, as trustee for such sum shall be subrogated to all the rights of the holder of the bond or interest coupon or warrant so paid and the proceeds thereof shall become part of the fund. (Ord. 102 § 2, 1949).
2.56.190 Local improvement guaranty—Defaulted bond.
Whenever any interest coupon, bond or warrant guaranteed under the provisions of Chapter 35.54 RCW shall be in default, the city clerk shall be and he is hereby authorized and directed, upon presentation and delivery of such defaulted bond, coupon or warrant, to execute, sign and deliver to the person or persons presenting the same, in the order of their presentation and the treasurer to honor and pay on the “local improvement district guaranty fund” established by the act in such amount as may be necessary to pay in full any coupons bond, or warrant with any interest that may be due thereon. Any defaulted coupon, bond or warrant received by the city clerk under the provisions of this chapter shall be held for the benefit of the “local improvement guaranty fund.” (Ord. 102 § 3, 1949).
2.56.200 Local improvement guaranty—Interest.
Warrants drawing interest at the rate of not to exceed six percent yearly shall be issued against the guaranty fund to meet any liability accruing against it, and at the time of making the annual budget and tax levy the city council shall provide for the levying of a sum sufficient with the other resources of the fund, to pay warrants so issued during the preceding fiscal year; provided, that such warrants shall at no time exceed five percent of the outstanding bond obligations guaranteed by the funds. (Ord. 102 § 4, 1949).
2.56.210 Local improvement guaranty—Payment.
The city treasurer be and he is hereby authorized and directed to pay unto such local improvement guaranty fund all interest received from bank deposits of the fund, as well as any surplus remaining in any local improvement fund guaranteed under the act after the payment of all outstanding bonds or warrants payable primarily out of such local improvement fund. (Ord. 102 § 5, 1949).
2.56.220 Local improvement guaranty—Claims.
Neither the holder nor the owner of any bond or warrant issued after the passage of Sections 2.56.170 through 2.56.210, shall have any claim therefore against the city of Othello except for payment from the special assessments made for the improvement for which the bond or warrant was issued, and except as against the local improvement guaranty fund created by Section 2.56.170, and the city of Othello shall not be liable to any holder or owner of such bond or warrant for any loss to the guaranty fund occurring in the lawful operation thereof by the city. The remedy of the holder or owner of a bond or warrant in the case of nonpayment shall be confined to the enforcement of the assessment and to the guaranty fund. A copy of this section shall be plainly written, printed or engraved on each bond issued and guaranteed hereunder and the writing, printing or engraving shall be deemed sufficient compliance with the requirements of RCW 35.45.030. (Ord. 102 § 6,1949).
2.56.230 Municipal real property—Created.
There is hereby established by the city of Othello a special cumulative reserve fund created for the purpose of accumulating funds to finance the purchase, construction or improvement of municipal real property of the city of Othello for public purposes. (Ord. 729 § 2, 1985: Ord. 215 § 1, 1958).
2.56.240 Municipal real property—Proceeds.
It is hereby expressly provided that seventy-five percent of the proceeds received by the city of Othello from the sale of any real property now owned or hereafter acquired by the city of Othello, shall be deposited in the fund upon receipt of proceeds by the city of Othello. Sales of real property incident to the foreclosure of municipal liens, are excluded from the provisions hereof. (Ord. 215 § 2, 1958).
2.56.250 Municipal real property—Deposits.
There also shall be deposited into the fund any gifts, donations or bequests granted to that fund or to the city for such purposes, or funds from any legal source properly receivable by the fund from time to time. (Ord. 215 § 3, 1958).
2.56.260 Municipal real property—Levy.
The city may make an annual levy, within the laws of the state of Washington, for adding to such fund. (Ord. 215 § 4, 1958).
2.56.270 Municipal real property—Expenditure.
The fund established hereby shall not be expended for any purpose other than that of financing, wholly or partially, the purchase, construction or improvement of municipal capital improvements of real property of the city of Othello, from time to time, without the consent of a two-thirds full majority vote of the entire council. (Ord. 729 § 3, 1985: Ord. 215 § 5, 1958).
2.56.280 Nonexclusive.
Nothing herein shall preclude the city from establishing other cumulative reserve funds for any other general or specific purpose. (Ord. 215 § 6, 1958).
2.56.300 Contingency fund—Created—Purpose.
There is hereby created, and there shall be maintained by the city treasurer of the city of Othello, a special fund to be known as a “contingency fund” to provide moneys with which to meet any municipal expense, the necessity or extent of which could not have been foreseen or reasonably evaluated at the time of adopting the annual budget, and from which to provide moneys for certain nondebatable emergencies, or other emergencies as authorized by RCW 35.33.081 and 35.33.091. (Ord. 462 § 1, 1973).
2.56.310 Contingency fund—Revenue source.
The fund shall be supported by a budget appropriation from any tax or other revenue source not restricted in use by law, and also may be supported by a transfer from other unexpended or decreased funds made available by ordinance as set forth in RCW 35.33.121. (Ord. 462 § 2, 1973).
2.56.320 Contingency fund—Maximum amount.
The total amount accumulated in the emergency fund at any time shall not exceed the equivalent of thirty-seven and one-half cents per thousand dollars of assessed valuation of property within the city at such time. (Ord. 755 § 1, 1986: Ord. 462 § 3, 1973).
2.56.330 Contingency fund—Lapse of moneys.
Any moneys in the contingency fund at the end of the fiscal year shall not lapse except upon reappropriation by the city council, to another fund in the adoption of a subsequent budget. (Ord. 462 § 4, 1973).
2.56.340 Contingency fund—Withdrawal.
No money shall be withdrawn from said contingency fund, except by transfer to the appropriate operating fund authorized by an ordinance of the Othello city council and approved by a vote of one more than a majority of the city council. (Ord. 546, 1977: Ord. 462 § 5, 1973).
2.56.350 Contingency fund—Separate from other funds.
This contingency fund shall be separate, apart and distinct from any accumulative reserve funds heretofore or hereafter created by the city of Othello. (Ord. 462 § 6, 1973).
2.56.360 Cumulative reserve fund for retired and retiring employee benefit payments.
(a) A cumulative reserve fund for the payment of a retired or retiring employees’ twenty-five percent accrued sick leave payment, vacation pay, and for health insurance and drug or prescription payments for the retiree when required by ordinance or statute is established.
(b) The above described fund shall be designated as cumulative reserve fund for retired and retiring employee benefit payments. (Ord. 638 §§ 1, 2, 1981).
2.56.370 Cumulative reserve fund for the street department.
(a) There is created and established a cumulative reserve fund to be known as the “cumulative reserve fund for the street department.”
(b) There shall be deposited into said fund such funds as are designated or appropriated by the city council of the city of Othello as reserve funds for future construction, alteration or repair of the municipal streets of the city, or for the purchase of supplies, material or equipment for use of the street department thereon.
(c) The city council shall authorize the expenditure of said funds, but they shall never be used for any purpose other than that provided for in this section without an approving vote by a majority of the electors of the city at a general or special election voting on a proposal submitted to the electors to allow other specified uses to be made of said fund. (Ord. 679 §§ 1—3, 1983).
2.56.390 Broadway debt service fund.
(a) There is established in the city treasury, a fund to account for the accumulation of resources for and the payment of general long term debt, both principal and interest for the repayment of the Broadway construction fund;
(b) Said fund shall be entitled debt service fund Broadway (220);
(c) The finance officer of the city shall be charged with administration of the debt service fund. (Ord. 815 §§ 1—3, 1989).
2.56.400 Utility tax fund.
(a) There is established in the city treasury, a fund for fiscal administration of moneys received for the public utility tax and brokered natural gas tax, authorized as defined in Ordinances No. 872 and 873 which establish the taxes;
(b) The fund shall be entitled the “utility tax fund”;
(c) The finance officer and city administrator are charged with administration of the utility tax fund;
(d) The city council may make appropriations from the utility tax fund as deemed necessary. (Ord. 1103 § 1, 2001: Ord. 874 §§ 1—4, 1992).
2.56.410 Cumulative reserve fund for the solid waste department.
(a) There is created and established a cumulative reserve fund to be known as the “cumulative reserve fund for the solid waste department”;
(b) There shall be deposited into said fund such funds as are designated or appropriated by the city council as reserve funds for future alley repair or to cover possible rate increases from Adams County landfill or contractors hired for garbage pick-up;
(c) The city council shall authorize the expenditures of said funds, but they shall never be used for any purpose other than that provided for in this section without an approving vote by a majority of the electors of the city at a general or special election voting on a proposal submitted to the electors to allow other specified used to be made of said fund. (Ord. 1103 § 2, 2001).
2.56.420 Sewer fund.
As of January 1, 2001, there is created and established a “sewer fund.” The initial fund transfer to this fund shall be the amounts established in the 2001 budget adopted by Ordinance No. 1082 as taken from the sewer department of the existing water and sewer fund. Thereafter, revenue of the sewer system shall be deposited into this fund, and expenditures for the sewer system shall be made from this fund. (Ord. 1123 § 1, 2002).
2.56.430 Planning and engineering fund.
As of January 1, 1999, there is created and established a “planning and engineering fund.” This fund is being formed to better show the cost of planning for the future. The general fund, street fund, water, and sewer funds will be invoiced for work done for each fund. This fund will be used for the long term planning and financing of the infrastructure and growth needed to support the city. (Ord. 1125 § 1, 2002).
2.56.440 Sidewalk construction fund.
As of September 10, 2001, there is created and established a “sidewalk construction fund.” This fund will provide for the detailed account for payment of any sidewalk construction completed by the city’s contractors. Original funding for the sidewalk construction fund will be from the real estate excise tax fund. This fund was established by Ordinance No. 742 and is to be used to construct, reconstruct, repair, renew or landscape any public improvement. (Ord. 1127 § 1, 2002).