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D. Any impact fees for which no application has been made within the one-year <br />period shall be retained by the City and expended on appropriate fire facilities. <br />E. Refunds of impact fees shall include any interest earned on the impact fees by <br />the City. <br />Section 18. TMC Section 16.26.140 is hereby reenacted to read as follows: <br />16.26.140 Authority Unimpaired <br />Nothing in this ordinance shall preclude the City from requiring the fee payer to mitigate <br />adverse environmental effects of a specific development pursuant to the State <br />Environmental Policy Act, Chapters 43.21C RCW and/or Chapter 58.17 RCW, governing <br />plats and subdivisions, provided that the exercise of this authority is consistent with <br />Chapters 43.21C and 82.02 RCW. <br />Section 19. Corrections by City Clerk or Code Reviser. Upon approval of the <br />City Attorney, the City Clerk and the code reviser are authorized to make necessary <br />corrections to this ordinance, including the correction of clerical errors; references to other <br />local, state or federal laws, codes, rules, or regulations; or ordinance numbering and <br />section/subsection numbering. <br />Section 20. Severability. If any section, subsection, paragraph, sentence, clause or <br />phrase of this ordinance or its application to any person or situation should be held to be <br />invalid or unconstitutional for any reason by a court of competent jurisdiction, such <br />invalidity or unconstitutionality shall not affect the validity or constitutionality of the <br />remaining portions of this ordinance or its application to any other person or situation. <br />Section 21. Effective Date. This ordinance or a summary thereof shall be published <br />in the official newspaper of the City, and shall take effect and be in full force and effect <br />January 1, 2018. <br />PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at <br />a Regular Meeting thereof this day of , 2017. <br />ATTEST/AUTHENTICATED: <br />Christy O'Flaherty, MMC, City Clerk <br />APPROVED AS TO FORM BY: <br />Rachel B. Turpin, City Attorney <br />Allan Ekberg, Mayor <br />Filed with the City Clerk: <br />Passed by the City Council: <br />Published: <br />Effective Date: <br />Ordinance Number: <br />Attachments: Exhibit A — Tukwila Fire and Parks Impact Fees Rate Study, 2017 <br />Exhibit B — Fee Schedule <br />W: Word Processing\Ordinances\Fire Impact Fees -TMC 16.26 re-enacted strike-thru 11-6-17 <br />PM:bjs <br />16 <br />Page 12 of 12 <br />