HomeMy WebLinkAboutReg 2014-12-01 COMPLETE AGENDA PACKET;r;'w►�A
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Tukwila City Council Agenda
.• REGULAR MEETING •. •
O
Jim Haggerton, Mayor Counci /members: + Joe Duffie + Dennis Robertson
David Cline, CityAdministrator + Allan Ekberg + Verna Seal
De'Sean Quinn, Council President + Kathy Hougardy + Kate Kruller
Monday, December
•. EXECUTIVE SESSION — 6:00 PM — 7:00 PM •
Potential Litigation — Pursuant to RCW 42.30.110(1)(i)
(60 minutes)
+ LOCATION: Hazelnut Conference Room (CR #3)
1, 2014; 7:00 PM • Ord #2460 • Res #1851
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. SPECIAL
PRESENTATIONS
a. An update on the Puget Sound Emergency Radio Network (PSERN)
system implementation. Lora Ue /and, Executive Director, Valley Corn.
b. An update on the grocery store survey. Brandon Miles, Economic
Development Liaison, and Junpei Guo, Economic Development Intern.
c. Moss Adams IT operations assessment. David Cline, City Administrator.
Pg.1
3. PROCLAMATION
A proclamation for Employee Learning Week.
Pg.3
4. CITIZEN
COMMENT
At this time, you are invited to comment on items not included on this agenda
(p /ease limit your comments to five minutes per citizen). To comment
on an item fisted on this agenda, please save your comments until the issue is
presented for discussion.
5. CONSENT
AGENDA
a. Approval of Minutes: 11/17/14 (RegularMtg.)
b. Approval of Vouchers.
c. An ordinance granting a non - exclusive franchise to McLeodUSA
Telecommunications Services, LLC, legally authorized to conduct
business in the State of Washington, for the purpose of constructing,
operating and maintaining a telecommunications system in certain
public rights -of -way in the City; repealing Ordinance No. 1925.
(Reviewed and forwarded to Consent by Utilities Committee on
11/17/14.)
d. Accept as complete the Andover Park East and Andover Park West
Sewer Repair Project (contract #13 -084) with Omega Contractors, Inc.;
authorize release of retainage, subject to the standard claim and
lien release procedures (final cost of project, including retainage:
$123,322.97). (Reviewed and forwarded to Consent by Utilities
Committee on 11/17/14.)
Pg.5
Pg.27
(continued..)
REGULAR MEETING
Monday, December 1, 2014
Page 2
5. CONSENT
AGENDA
(cont.)
e. Accept as complete the 2013 Annual Sewer Program for the sewer
repair at 6450 Southcenter Boulevard (contract #13 -181) with
Green River Construction, Inc.; authorize release of retainage, subject
to the standard claim and lien release procedures (final cost of project,
including retainage: $138,626.03). (Reviewed and forwarded to
Consent by Utilities Committee on 11/17/14.)
f. Authorize the Mayor to sign an Interlocal Agreement with the City of
SeaTac for probation services. (Reviewed and forwarded to Consent
by Finance and Safety Committee on 11/18/14.)
g. Authorize the Mayor to sign a contract with Securitas Security Services
USA, Inc., for 2015 -2016 security services for the Tukwila Municipal
Court in the amount of $80,020.00. (Reviewed and forwarded to
Consent by Finance and Safety Committee on 11/18/14.)
h. Authorize the Mayor to sign Change Order No. 3 to Utility Relocation
Agreement #13 -121 with Puget Sound Energy for utility relocation
relating to the Tukwila Urban Center Transit Center Project in the
amount of $147,451.00, with the City's share being $119,435.31.
(Reviewed and forwarded to Consent by Transportation Committee on
11/24/14.)
Pg.35
Pg.43
Pg.55
Pg.71
6. UNFINISHED
BUSINESS
a. A resolution of the City Council affirming its commitment to youth
engagement and approving the Teens for Tukwila Charter.
b. An ordinance approving and authorizing the Development Agreement
with Tukwila TSD, LLC, for the shared use of parking in the public
right -of -way of Christensen Road and the development of a public
pocket park at the north end of Christensen Road, as it relates to the
planned development of a hotel located at 90 Andover Park East.
c. A resolution updating and clarifying the non - represented employees'
compensation and adopting the non - represented salary schedule and
benefits summary, effective January 1, 2015.
d. Authorize the Mayor to sign a Collective Bargaining Agreement with
the United Steelworkers (USW) for the period of January 1, 2014
through December 31, 2016 for Tukwila Police Commanders.
P /ease refer to 11/24/14 C.O. W. packet. Q
e. An ordinance repealing various ordinances as codified at Tukwila
Municipal Code Chapter 5.44, "Tow Truck Businesses."
f. An ordinance establishing an exemption from real property taxation
for development of qualified multi - family housing; establishing new
regulations to be codified in Tukwila Municipal Code Chapter 3.90
relating to the designation of a residential targeted area within the
Tukwila Urban Center.
Pg.81
Pg.87
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Pg.129
Pg.131
Pg.135
(continued..)
REGULAR MEETING
Monday, December 1, 2014
Page 3
6. UNFINISHED
BUSINESS
(cont.)
g. Authorize the Mayor to sign a contract with PBS Engineering +
Environmental for engineering services for the Urban Renewal
Demolition Project in the amount of $149,018.60.
P /ease refer to 11/24/14 C.O. W. packet. Q
h. An ordinance amending Ordinance Nos. 2298 §1 (part) and 2258 §3,
as codified at Tukwila Municipal Code Section 3.54.030, extending the
City utility tax sunset provision.
i. Tukwila International Boulevard (TIB) redevelopment financing:
(1) An ordinance relating to contracting indebtedness; authorizing the
issuance of the City's not to exceed $2,250,000 principal amount
Limited Tax General Obligation Bond Anticipation Note, 2014
(Taxable Non - Revolving Line of Credit), to provide interim financing
to carry out land acquisition and capital costs of redevelopment
activities within the City's Urban Renewal Area, and pay the costs
of issuance and sale of the Note; fixing the date, form, maturity,
interest rate, terms and covenants of the Note; approving the sale
and delivery of the Note to the bank identified herein.
(2) An ordinance relating to contracting indebtedness; providing for
the issuance, sale and delivery of $3,850,000 aggregate principal
amount of Limited Tax General Obligation Bonds to provide funds
to carry out land acquisition and capital costs of redevelopment
activities within t he City's Urban Renewal Area, and to pay the
costs of issuance and sale of the bonds; fixing certain terms and
covenants of the bonds; and providing for other related matters.
Pg.151
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Pg.157
Pg.159
Pg.171
7. NEW BUSINESS
Authorize the Mayor to sign a Collective Bargaining Agreement with the
Tukwila Police Officers Guild for the period of January 1, 2014 through
December 31, 2016.
Pg.181
8. REPORTS
a. Mayor
b. City Council
c. Staff - City Administrator Report
d. City Attorney
e. Intergovernmental
Pg.185
9. MISCELLANEOUS
10. EXECUTIVE SESSION
11. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio /video taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your comments to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
comments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings - Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
1. The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
City of ��x Tukwila
Jim Haggerton, Mayor
INFORMATIONAL �����������
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TO: City of Tukwila Councilmembers
FROM: David Cline, City Administrator
Mary Miotke, IT Director
DATE: November 20, 2014
SUBJECT: Moss Adams Information Technology (IT) Operations Assessment Summary
BACKGROUND
The Mayor's Office engaged the consulting firm of Moss Adams in April 2014 to conduct an IT Operations
Assessment. The purpose was to provide the City with an independent and objective evaluation of IT
operations and gauge the pnzoesses, policies and technologies against industry best practices. The
scope of the p jectandareasoffocunwereidentifiedbytheCbyAdministnatorond|TDireokor. The
asaessmenttemmwason'aitaforthreedaysforwa|kthroughsandfie|dwork.andtocnnductintemiews
with a cross-section of staff. The interview list included all IT staff, City Council, City Administration, the
Administrative Team, and selec staff from all City departments.
DISCUSSION
Preliminary findings from the fieldwork were communicated in July and IT staff provided additional
information. The final report was completed in September 2014 and presented to the Administrative
Team and IT Staff on October 29 2014.
The report is fairly lengthy and therefore is included under separate cover for your review. The Repor
includes the following sections:
• Executive summary
• Commendations — There were several areas of strength that were noted, such as vigilance about
secu/ity, responsiveness and use of industry standards,
• Findings and Recommendations - Several recurring recommendations emerged, such as creating a
strategic p|an, establishing ongoing meetings with staff and IT stakeho|ders, conducting business
analysis and adding departmental service level agreements, IT orientation and security education
for staff, enhanced security measures, equipment maintenance updaten, records management,
implementing available technology productivity resources and using the advanced features of our
helpdesk system for purchasing, change management and performance analysis.
• IT Responses to Preliminary Findings — added as an appendix.
After the City received the final report, the IT Department created an IT Operations Work Plan which
responds to each of the items in the IT Assessment. This is included at the end of the report.
NEXT STEPS
As discussed during the after action report on October 13, 2014, the IT Department will build on the
existing baseline assessment and develop an IT strategic plan that encompasses the following key
issues: Role of IT and user expectations, physical equipment and service contracts, personnel resources
and cross training, asset replacement schedule and process, effective IT project managemont.enhanoed
communications and review potential budget implications.
As stated in the anseoament, having the IT function guided by an overarching strategy will help to align
the department with the City's overall business objectives and goa|s, determine which IT project initiatives
to take on and aid in the justification of capital outlay. It is our goal to have an IT Strategic Plan in place
by July, 2015.
ATTACHMENTS (under separate cover)
Moss Adams IT Operations Assessment dated September 4, 2014
Moving Forward: IT Operations Work Plan Including Items Already Completed or In Progress
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Office of the Mayor
City of Tukwila, Washington
PROCLAMATION
WHEREAS, the City of Tukwila is committed to creating a highly skilled
workforce that is critical to growing and sustaining a competitive advantage;
WHEREAS, the City recognizes that having a knowledgeable, skilled
workforce improves the performance of an organization;
WHEREAS, learning develops individual and organizational knowledge and
expertise;
WHEREAS, the American Society for Training and Development (ASTD), the
world's largest association dedicated to the training and development field, has declared
December 1-5, 2014, as "Employee Learning Week" and designated this time for
organizations to recognize the value of employee learning; and
WHEREAS, the ASTD Puget Sound chapter, whose members are workplace
learning and performance professionals and the City of Tukwila have demonstrated
their commitment to developing the skills of employees and the workforce;
NOW THEREFORE, I, Jim Haggerton, Mayor of the City of Tukwila, do
hereby proclaim December 1- 5, 2014 as:
Employee Learning Week
in the City of Tukwila and strongly encourage all employers in Tukwila to join me in
supporting continuing education for employees.
Presented at the City Council meeting this 1st day of December, 2014.
,;;;;■:•iw
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COUNCIL AGENDA SYNOPSIS
Meeting Date
Prepared Ay
11/1D'orr review
Council review
12/01/14
BG1'.:.
/t.‘/17/1 C-
Z Ordinance
AN Dale 12/01/14
r Bid Award
Alle,Dale
E. Public' Hearing
AIADale
r Other
Aug Date
SP( )NSOR E Council E Mayor I I HR [ DCD E Finance E Fire r IT ri P&R I Police 4 PLY
Si) oNS0R' S McLeodUSA Telecommunications, a subsidiary of Windstream Communications, provides
SUMMARY integrated communication services including local and long distance communications and
internet access. McLeodUSA purchased the fiber optic system from 360 Networks. Council
is being asked to approve the new ordinance for the franchise agreement that will allow
McLeodUSA to continue operating in the City's right-of-way and facilitate construction of
future fiber optic projects.
RNVIINVF;1) BY
CO' ' Mtg.
n CA&P Cmte [ F&S Cmte [ Transportation Cmte
Cmte L Arts Comm. n Parks Comm. r Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
I Utilities
DATE: 11/17/14
RECOMMENDATIONS:
SP )NS(
CoNINIITTNE
Public Works Department
ITEM INFORMATION
ITEM No.
5.C.
5
STAFF SP( NsoR: BOB GIBERSON
ORR;FNAFAr,kNI)A. am: 12/01/14
Ac,km),\ ITINITiri.r. Ordinance Granting a Non-Exclusive Franchise Agreement with
McLeodUSA Telecomunications Services, LLC
CATF(;()RV r Di/wsieon
AllgDate
E Motion
AiigDale
r Resolution
Ait; Dale
Z Ordinance
AN Dale 12/01/14
r Bid Award
Alle,Dale
E. Public' Hearing
AIADale
r Other
Aug Date
SP( )NSOR E Council E Mayor I I HR [ DCD E Finance E Fire r IT ri P&R I Police 4 PLY
Si) oNS0R' S McLeodUSA Telecommunications, a subsidiary of Windstream Communications, provides
SUMMARY integrated communication services including local and long distance communications and
internet access. McLeodUSA purchased the fiber optic system from 360 Networks. Council
is being asked to approve the new ordinance for the franchise agreement that will allow
McLeodUSA to continue operating in the City's right-of-way and facilitate construction of
future fiber optic projects.
RNVIINVF;1) BY
CO' ' Mtg.
n CA&P Cmte [ F&S Cmte [ Transportation Cmte
Cmte L Arts Comm. n Parks Comm. r Planning Comm.
COMMITTEE CHAIR: KATE KRULLER
I Utilities
DATE: 11/17/14
RECOMMENDATIONS:
SP )NS(
CoNINIITTNE
Public Works Department
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
Expr.NDITtiRERF,Quil Il) AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/01/14
MTG. DATE
ATTACHMENTS
12/01/14
Informational Memorandum dated 11/14/14
Draft Ordinance with Exhibits
Minutes from the Utilities Committee meeting of 11/17/14
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, PW Director
BY: Frank Iriarte, Deputy PW Director
DATE: November 14, 2014
SUBJECT: McLeodUSA Telecommunications Services, LLC Franchise Agreement
ISSUE
Approve McLeodUSA Telecommunications Services LLC Franchise Agreement.
BACKGROUND
McLeodUSA was one of the largest independent competitive local exchange carriers during
the years preceding its acquisition in 2008. McLeodUSA provided integrated
communications services including local and long distance communications and internet
access. McLeodUSA went through Chapter 11 bankruptcy and is currently a subsidiary of
Windstream Communications.
DISCUSSION'
McLeodUSA purchased a fiber optic system from 360 Networks. The fiber backbone enters
the northern City limits on Airport Way to the intersection of Boeing Access Road and
travels south on Interurban Ave S to Grady Way. In late 2000, McLeodUSA constructed a
lateral fiber system at approximately 300 feet north of the intersection of Interurban Ave S
and East Marginal Way S to S 133rd St and Interurban Ave South.
The attached Franchise Agreement would allow McLeodUSA to continue operating and
maintaining its fiber optic system in the City's right-of-way and facilitate future expansion
projects.
FINANCIAL IMPACT
Under the terms of the Franchise, McLeodUSA will pay a $5,000 administrative fee within
30 days of franchise approval.
RECOMMENDATION
Council is being asked to approve the Ordinance that will grant a franchise agreement to
McLeodUSA Telecommunications Services, LLC and consider this item on the Consent
Agenda at the December 1, 2014 Regular Council Meeting.
Attachment: Draft Franchise Ordinance with Exhibits A & B.
W:\PW Eng\ Projects\ Franchise\ Info Memo Franchise Agreement-McLeodUSA
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AFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE
FRANCHISE TO MCLEODUSA TELECOMMUNICATIONS
SERVICES, LLC, LEGALLY AUTHORIZED TO CONDUCT
BUSINESS IN THE STATE OF WASHINGTON, FOR THE
PURPOSE OF CONSTRUCTING, OPERATING, AND
MAINTAINING A TELECOMMUNICATIONS SYSTEM IN
CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY;
REPEALING ORDINANCE NO. 1925; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, Ordinance No. 1925 granted McLeodUSA Telecommunications
Services, LLC, hereinafter referred to as "McLeodUSA," a three -year, non - exclusive
franchise that expired September 5, 2003; and
WHEREAS, McLeodUSA is a telecommunications company that, among other
things, provides voice and data services to customers, including those in the Puget
Sound Region; and
WHEREAS, McLeodUSA's desired route through the City of Tukwila, hereinafter
referred to as "City," requires the use of certain portions of City rights -of -way for the
installation, operation, and maintenance of a telecommunications system; and
WHEREAS, the City Council has determined that the use of portions of the City's
rights -of -way for installation of a telecommunications system is appropriate from the
standpoint of the benefits to be derived by local businesses and the region as a result of
such services; and
WHEREAS, the City Council also recognizes that the use of public rights -of -way
must be restricted to allow for the construction of amenities necessary to serve the
future needs of the citizens of Tukwila and that the coordination, planning, and
management of the City's rights -of -way is necessary to ensure that the burden of costs
for the operations of non - municipal interests are not borne by the citizenry; and
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WHEREAS, the Revised Code of Washington (RCVV) authorizes the City to grant
and regulate non - exclusive franchises for the use of public streets, rights -of -way, and
other public property for transmission of communications;
NOW, THEREFORE, THE CiTY COUNCIL OF THE CiTY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Non - exclusive Franchise Granted.
A. The City hereby grants to McLeodUSA, subject to the conditions prescribed in
this ordinance ( "Franchise Agreement "), the franchise rights and authority to construct,
replace, repair, monitor, maintain, use and operate the equipment and facilities
necessary for a telecommunications facility within the City -owned rights - of-way
generally described in Exhibit A attached hereto, and hereinafter referred to as the
"Franchise Area."
B. The foregoing franchise rights and authority ( "Franchise ") shall not be deemed
to be exclusive to McLeodUSA and shall in no way prohibit or limit the City's ability to
grant other franchises, permits, or rights along, over, or under the areas to which this
Franchise has been granted to McLeodUSA; provided, that such other franchises do not
unreasonably interfere with McLeodUSA's exercise of franchise rights granted herein as
determined by the City. This Franchise shall in no way interfere with existing utilities or
in any way limit, prohibit, or prevent, the City from using the Franchise Area or affect the
City's jurisdiction over such area in any way.
C. This Franchise Agreement merely authorizes McLeodUSA to occupy and use
the Franchise Area. Nothing contained herein shall be construed to grant or convey any
right, title, or interest in the Franchise Area to McLeodUSA.
Section 2. Authority. The Director of Public Works or his or her designee is
hereby granted the authority to administer and enforce the terms and provisions of this
Franchise Agreement and may develop such lawful, uniform, non - discriminatory, and
reasonable rules, policies, and procedures as he or she deems necessary to carry out
the provisions contained herein.
Section 3. Franchise Term. The franchise rights granted herein shall remain in
full force and effect for a period of five years from the effective date of this ordinance.
However, this Franchise Agreement shall not take effect and McLeodUSA shall have no
rights under this Franchise Agreement unless a written acceptance with the City is
received pursuant to Section 4 of this agreement. If McLeodUSA requests a Franchise
renewal prior to the expiration date, the City may, at the City's sole discretion, extend
the term of this Franchise Agreement for up to one year beyond the expiration date to
allow processing of renewal. If the City elects to extend the term of this Franchise
Agreement, written notice of the extension shall be provided to McLeodUSA prior to the
Franchise expiration date.
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Section 4. Acceptance of Terms and Conditions. The full acceptance of this
Franchise Agreement and all the terms and conditions shall be filed with the City Clerk
within 30 days of the effective date of this ordinance in the form attached hereto as
Exhibit B. Failure on the part of McLeodUSA to file said consent within 30 days of the
effective date of this ordinance shall void and nullify any and all rights granted under this
Franchise Agreement.
Section 5. Construction Provisions and Standards. The following provisions
shall be considered mandatory and failure to abide by any conditions described herein
shall be deemed as non - compliance with the terms of this Franchise Agreement and
may result in some or all of the penalties specified in Section 6.
1. Permit Required. No construction, maintenance, or repairs (except for
emergency repairs) shall be undertaken in the Franchise Area without first obtaining
appropriate permits from the City of Tukwila, Department of Public Works. In case of an
emergency, McLeodUSA shall, within 24 hours of the emergency, obtain a permit from
the City of Tukwila's Department of Public Works.
2. Coordination. All capital construction projects performed by McLeodUSA
within the Franchise Area shall be inspected by a City inspector. All work and
inspection shall be coordinated with the Public Works Engineering Division to ensure
consistency with City infrastructure, future Capital Improvement Projects, all developer
improvements, and pertinent codes and ordinances.
3. Construction Standards. Any construction, installation, maintenance,
and restoration activities performed by or for McLeodUSA within the Franchise Area
shall be constructed and located so as to produce the least amount of interference with
the free passage of pedestrian and vehicular traffic. All construction, installation,
maintenance, and restoration activities shall be conducted such that they conform to the
City's development guidelines and standards and comply with Title 11 of the Tukwila
Municipal Code.
4. Underground Installation Required. All telecommunications cables and
junction boxes or other vaulted system components shall be installed underground
unless otherwise exempted, from this requirement, in writing, by the Director of Public
Works.
5. Relocation.
a. Whenever the City causes a public improvement to be constructed
within the Franchise Area, and such public improvement requires the relocation of
McLeodUSA's facilities, the City shall provide McLeodUSA with written notice
requesting such relocation along with plans for the public improvement that are
sufficiently complete to allow for the initial evaluation, coordination and the development
of a relocation plan. The City and McLeodUSA shall meet at a time and location
determined by the City to discuss the project requirements including critical timelines,
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schedules, construction standards, utility conflicts, as -built requirements, and other
pertinent relocation plan details.
b. To ensure timely execution of relocation requirements, McLeodUSA
shall, upon written request from the City, provide at McLeodUSA's expense, base maps,
current as -built information, detailed relocation plan (including detailed schedule of
relocation activities, identification of critical path, identification of facilities, and relocation
procedures), and other design, technical or operational requirements within the time
frame specified by the City.
c. McLeodUSA may, after receipt of written notice requesting a relocation
of its facilities, submit to the City written alternatives to such relocation within a
reasonable time specified by the City. Such alternatives shall include the use and
operation of temporary facilities in adjacent rights -of -way. The City shall evaluate such
alternatives and advise McLeodUSA in writing if one or more of the alternatives are
suitable to accommodate the work, which would otherwise necessitate relocation of the
facilities. If requested by the City, McLeodUSA shall submit additional information to
assist the City in making such evaluation. The City shall give each alternative proposed
by McLeodUSA full and fair consideration. In the event the City ultimately determines
that there is no other reasonable alternative, McLeodUSA shall relocate its facilities as
otherwise specified in Section 5, subparagraph 5.
d. Upon final approval of the relocation plan by the City, McLeodUSA
shall, at its own expense, unless otherwise prohibited by statute, and at the time frame
specified by the City, temporarily or permanently remove, relocate, place underground,
change or alter the position of any facilities or structures within the right -of -way
whenever the City has determined that such removal, relocation, undergrounding,
change or alteration is reasonably necessary for the construction, repair, maintenance,
installation, public safety, or operation of any public improvement in or upon the rights -
of -way.
e. If during the construction, repair, or maintenance of the City's public
improvement project an unexpected conflict occurs from McLeodUSA's facilities,
McLeodUSA shall, upon notification from the City, respond within 24 hours to resolve
the conflict.
6. Removal or Abandonment. Upon removal from service of McLeodUSA's
facilities or equipment that are located within the Franchise Area, McLeodUSA shall
comply with all applicable standards and requirements prescribed by the City of Tukwila
Public Works Department for the removal or abandonment of said structures and
facilities. No facility constructed or owned by McLeodUSA may be abandoned without
the express written consent of the City.
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7. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this Franchise
Agreement, McLeodUSA shall, upon the request of the City, furnish a bond executed by
McLeodUSA and a corporate surety authorized to operate a surety business in the
State of Washington, in such sum as may be set and approved by the City as sufficient
to ensure performance of McLeodUSA's obligations under this Franchise Agreement,
provided, however, that such sum shall not exceed 150% of the cost of the
telecommunications system to be installed by McLeodUSA in the City rights-of-way. At
McLeodUSA's sole option, McLeodUSA may provide alternate security in the form of an
assignment of funds or a letter of credit, in the same amount as the bond. All forms of
security shall be in the form reasonably acceptable to the City. The bond shall be
conditioned so that McLeodUSA shall observe all the covenants, terms, and conditions
and shall faithfully perform all of the obligations of this Franchise Agreement, and to
repair or replace any defective McLeod USA work or materials discovered in the City's
roads, streets, or property.
8. "One-Call" Location and Liability. McLeodUSA shall subscribe to and
maintain membership in the regional "One- Call" utility location service and shall
promptly locate all of its lines upon request. The City shall not be liable for any
damages to McLeodUSA's system components or for interruptions in service to
McLeodUSA customers which are a direct result of work performed for any City project
for which McLeodUSA has failed to properly locate its lines and facilities within the
prescribed time limits and guidelines established by One -Call. The City shall also not
be liable for any damages to the McLeodUSA system components or for interruptions in
service to McLeodUSA customers resulting from work performed under a permit issued
by the City.
9. As -Built Plans Required. McLeodUSA shall maintain accurate
engineering plans and details of all installations within the City limits and shall provide
such information in both paper form and electronic form using the most current
AutoCAD version prior to close -out of any permit issued by the City and any work
undertaken by McLeodUSA pursuant to this Franchise Agreement. The City shall
determine the acceptability of any as -built submittals provided under this section.
10. Recovery of Costs. McLeodUSA shall be subject to all permit fees
associated with activities undertaken through the authority granted in this Franchise
Agreement or under ordinances of the City. Where the City incurs reasonable costs
and expenses for review or inspection of activities undertaken through the authority
granted in this Franchise Agreement or any ordinances relating to the subject for which
permit fees have not been established, McLeodUSA shall pay such reasonable costs
and expenses directly to the City.
11. Vacation. If, at any time, the City shall vacate any City road, right -of -way
or other City property that is subject to rights granted by this Franchise Agreement and
said vacation shall be for the purpose of acquiring the fee or other property interest in
said road, right -of -way or other City property for the use of the City, in either its
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proprietary or governmental capacity, then the City may, at its option and by giving 30
days written notice to McLeodUSA, terminate this Franchise Agreement with reference
to such City road, right -of -way or other City property so vacated, and the City shall not
be liable for any damages or loss to McLeodUSA by reason of such termination other
than those provided for in RCW 35.99.
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by McLeodUSA to fully comply with any of
the provisions of this Franchise Agreement may result in a written notice from the City
which describes the violations of the Franchise Agreement and requests remedial action
within 30 days of receipt of such notice. If McLeodUSA has not attained full compliance
at the end of the 30 -day period following receipt of the violation notification, the City may
declare an immediate termination of all franchise rights and privileges, provided that full
compliance was reasonably possible within that 30 -day period.
B. Emergency Actions.
1. If any of McLeodUSA's actions under this Franchise Agreement, or any
failure by McLeodUSA to act to correct a situation caused by-McLeodUSA, is deemed
by the City to create a threat to life or property, financial harm, or cause a delay of the
construction, repair or maintenance of the public improvement, the City may order
McLeodUSA to immediately correct said threat, financial harm, or delay or, at the City's
discretion, the City may undertake measures to correct said threat, financial harm or
delay itself; provided that, when possible, the City shall notify McLeodUSA and give
McLeodUSA an opportunity to correct within a reasonable specified time, said threat,
financial harm or delay before undertaking such corrective measures. McLeodUSA
shall be liable for all reasonable costs, expenses, and damages attributed to the
correction of such an emergency situation as undertaken by the City to the extent that
such situation was caused by McLeodUSA and shall further be liable for all reasonable
costs, expenses, and damages resulting to the City from such situation and any
reimbursement of such costs to the City shall be made within 30 days of written notice
of the completion of such action or determination of damages by the City. The failure by
McLeodUSA to take appropriate action to correct a situation caused by McLeodUSA
and identified by the City as a threat to public or private safety or property, financial
harm, or delay of the construction, repair or maintenance of the public improvement
shall be considered a violation of the terms of this Franchise Agreement.
2. if, during construction or maintenance of McLeodUSA's facilities, any
damage occurs to an underground facility and the damage results in the release of
natural gas or other hazardous substance or potentially endangers life, health, or
property, McLeodUSA or its contractor shall immediately call 911 or other local
emergency response number.
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C. Other Remedies. Nothing contained in this Franchise Agreement shall limit
the City's available remedies in the event of McLeodUSA's failure to comply with the
provisions of this Franchise Agreement, to include but not limited to, the City's right to a
lawsuit for specific performance and /or damages.
D. Removal of System. In the event that this Franchise Agreement is terminated
as a result of violations of the terms of this Franchise Agreement, McLeodUSA shall, at
its sole expense, promptly remove all system components and facilities, provided that
the City, at its sole option, may allow McLeodUSA to abandon its facilities in place.
Section 7. Insurance.
A. McLeodUSA shall maintain liability insurance written on a per occurrence basis
during the full term of this Franchise Agreement for personal injuries and property
damages. The policy shall contain coverage in the amounts and conditions stipulated in
Title 11 of the Tukwila Municipal Code.
B. Such insurance shall specifically name as additional insured the City, its
officers, and employees, shall apply as primary insurance, shall stipulate that no
insurance affected by the City will be called on to contribute to a loss covered
thereunder, and shall further provide that the policy shall not be modified or canceled
during the life of the permit or Franchise Agreement without Grantee giving 30 days
written notice to the City. Notice shall be by certified mail, return receipt requested to
the City.
C. If the City determines that circumstances warrant an increase in insurance
coverage and liability limits to adequately cover the risks of the City, the City may
require additional insurance to be acquired. The City shall provide written notice should
the City exercise its right to require additional insurance.
Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve
McLeodUSA from any obligation to obtain approvals or necessary permits from
applicable federal, state, and City authorities for all activities in the Franchise Area.
Section 9. Transfer of Ownership.
A. The rights, privileges, benefits, title, or interest provided by this Franchise
Agreement shall not be sold, transferred, assigned, or otherwise encumbered, without
the prior written consent of the City, with such consent not to be unreasonably withheld
or delayed. No such consent shall be required, however, for a transfer in trust, by other
hypothecation, or by assignment of any rights, title, or interest in McLeodUSA's
telecommunications system in order to secure indebtedness. Approval shall not be
required for mortgaging purposes provided that the collateral pledged for any mortgage
shall not include the assets of this franchise. Approval shall not be required for any
transfer from McLeodUSA to another person or entity controlling, controlled by, or under
common control with McLeodUSA. McLeodUSA may license fibers to other users
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without the consent of the City provided that McLeodUSA remains solely responsible for
the terms and conditions outlined in this Franchise Agreement.
B. In any transfer of this Franchise which requires the approval of the City,
McLeodUSA shall show that the recipient of such transfer has the technical ability,
financial capability, and any other legal or general qualifications as reasonably
determined by the City to be necessary to ensure that the obligations and terms
required under this Franchise Agreement can be met to the full satisfaction of the City.
The qualifications of any transferee shall be determined by hearing before the City
Council and the approval to such transfer shall be granted by resolution of the City
Council. Any actual and reasonable administrative costs associated with a transfer of
this Franchise that requires the approval of the City shall be reimbursed to the City
within 30 days of such transfer.
Section 10. Administrative /Franchise Fees.
A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from
imposing franchise fees for any "telephone business" as defined in RCW 82.16.010 or
"service provider" as defined in RCW 35.99.010, except that fees may be collected for
administrative expenses related to such franchise. McLeodUSA does hereby warrant
that its operations as authorized under this Franchise Agreement are those of a
telephone business as defined in RCW 82.16.010 or a service provider as defined in
35.99.010.
B. McLeodUSA shall be subject to a $5,000 administrative fee for reimbursement
of costs associated with the preparation, processing, and approval of this Franchise
Agreement. These costs shall include but not be limited to wages, benefits, overhead
expenses, equipment, and supplies associated with such tasks as plan review, site
visits, meetings, negotiations, and other functions critical to proper management and
oversight of the City's right -of -way. Administrative fees exclude normal permit fees as
stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time
administrative fee is due 30 days after franchise approval.
C. The City reserves the right to exercise authority it has or may acquire in the
future to charge a franchise fee as authorized by law.
D. In the event McLeodUSA submits a request for work beyond the scope of this
Franchise Agreement, or submits a complex project that requires significant
comprehensive plan review, or inspection, McLeodUSA shall reimburse the City for
amendments and expenses associated with the project. McLeodUSA shall pay such
costs within 30 days of receipt of a bill from the City.
E. Failure by McLeodUSA to make full payment of bills within the time specified
shall be considered sufficient grounds for the termination of all rights and privileges
existing under this ordinance utilizing the procedures specified in Section 6 of this
ordinance.
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Section 11. Notices. Any notice to be served upon the City or McLeodUSA shall
be delivered to the following addresses respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
Email: christy.oflaherty @tukwilawa.gov
Phone: 206 -433 -1855
McLeod USA Telecommunications Services, LLC
Attn: Franchises & Easements
11101 Anderson Drive
Little Rock, AR 72212
Email: corp. franchise .agreements @windstream.com
Pho ne: 501- 748 -5234
Section 12. Indemnification.
A. McLeodUSA shall use reasonable and appropriate precautions to avoid
damage to persons or property in the construction, installation, repair, operation, and
maintenance of its structures and facilities within the Franchise Area. McLeodUSA shall
indemnify and hold the City harmless from all third party claims, actions or damages,
including reasonable attorney's and expert witness fees, which may accrue to or be
suffered by any person or persons, corporation or property to the extent caused in part
or in whole by any negligent act or omission of McLeodUSA, its officers, agents,
servants or employees, carried on in the furtherance of the rights, benefits, and
privileges granted to McLeodUSA by this Franchise. In the event any claim or demand
is presented to or filed with the City that gives rise to McLeodUSA's obligation pursuant
to this section, the City shall within a reasonable time notify McLeodUSA thereof and
McLeodUSA shall have a right, at its election, to settle or compromise such claim or
demand. In the event any claim or action is commenced in which the City is named a
party, and which suit or action is based on a claim or demand which gives rise to
McLeodUSA's obligation pursuant to this section, the City shall promptly notify
McLeodUSA thereof, and McLeodUSA shall, at its sole cost and expense, defend such
suit or action by attorneys of its own election. In defense of such suit or action,
McLeodUSA may, at its election and at its sole cost and expense, settle or compromise
such suit or action. This section shall not be construed to require McLeodUSA to:
1. protect and save the City harmless from any claims, actions, or damages;
2. settle or compromise any claim, demand, suit, or action;
3. appear in or defend any suit or action; or,
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4. pay any judgment or reimburse the City's costs and expenses (including
reasonable attorney's fees), to the extent such claim arises out of the negligence or
intentional acts of the City, its employees, agents or independent contractors.
B. To the extent of any concurrent negligence between McLeodUSA and the City,
McLeodUSA's obligations under this paragraph shall only extend to its share of
negligence or fault. The City shall have the right at all times to participate through its
own attorney in any suit or action which arises out of any right, privilege, and authority
granted by or exercised pursuant to this Franchise when the City determines that such
participation is required to protect the interests of the City or the public. Such
participation by the City shall be at the City's sole cost and expense.
C. With respect to the performance of this Franchise and as to claims against the
City, its officers, agents and employees, McLeodUSA expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for
injuries to its officers, agents and employees and agrees that the obligation to
indemnify, defend and hold harmless provided for in this paragraph extends to any
claim brought by or on behalf of McLeodUSA's officers, agents or employees. This
waiver is mutually negotiated by the parties.
Section 13. Severability. If any section, sentence, clause or phrase of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
either party may deem the entire ordinance to be affected and thereby nullified.
However, in the event that a determination is made that a section, sentence, clause, or
phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the
portion declared invalid or unconstitutional as severable and maintain in force the
remaining provisions of this ordinance; provided that, if the City elects, without
agreement by McLeodUSA, to enforce the remaining provisions of the ordinance,
McLeodUSA shall have the option to terminate the Franchise Agreement.
Section 14. Reservation of Rights. The parties agree that this agreement is
intended to satisfy the requirements of all applicable laws, administrative guidelines,
rules, orders, and ordinances. Accordingly, any provision of this agreement or any local
ordinance that may conflict with or violate the law shall be invalid and unenforceable,
whether occurring before or after the execution of this agreement, it being the intention
of the parties to preserve their respective rights and remedies under the law, and that
the execution of this agreement does not constitute a waiver of any rights or obligations
by either party under the law.
Section 15. Police Powers. Nothing contained herein shall be deemed to affect
the City's authority to exercise its police powers. McLeodUSA shall not by this
Franchise Agreement obtain any vested rights to use any portion of the City right -of -way
except for the locations approved by the City and then only subject to the terms and
conditions of this Franchise Agreement. This Franchise Agreement and the permits
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issued thereunder shall be governed by applicable City ordinances in effect at the time
of application for such permits.
Section 16. Future Rules, Regulations, and Specifications. McLeodUSA
acknowledges that the City may develop rules, regulations, and specifications, including
a general ordinance or other regulations governing telecommunications operations in
the City. Such regulations, upon written notice to McLeodUSA, shall thereafter govern
McLeodUSA's activities hereunder; provided, however, that in no event shall
regulations:
1. materially interfere with or adversely affect McLeodUSA's rights pursuant to
and in accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to McLeodUSA and
other similar users of such facilities.
Section 17. Repealer. Ordinance No. 1925 is hereby repealed.
Section 18. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A — McLeodUSA Telecommunications Services, LLC,
Fiber Optic System Description and Route Map
Exhibit B — McLeodUSA Telecommunications Services, LLC,
Franchise Agreement Acceptance Form
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EXHIBIT A Page 1
McLeodUSA Telecommunications Services, LLC
Fiber Optic System Description
McLeod's primary Fiber Optic System in Tukwila begins at the northern City
limit on Airport Way and continues south to Boeing Access Road. On Boeing
Access Road, the System heads west to East Marginal Way then south on East
Marginal Way to Interurban Avenue, 300 feet north of the intersection of
Interurban Avenue and East Marginal Way.
At the intersection of Interurban Avenue and East Marginal Way, the Fiber
System continues south on East Marginal Way with fiber service cables going
west along S. 120th. Place. Approximately 300 feet south of S. 120th Place, the
fiber cable run travels west onto private property. The System then continues
along East Marginal Way to South 133rd Street to the intersection of South
133rd Street and Interurban Avenue.
On Interurban Avenue, the fiber cable run continues south until it reaches the
intersection of Interurban Avenue and SW Grady Way. The fiber system then
continues east on SW Grady Way to the eastern limit of the City.
McLeod has a vacant conduit that runs south along Interurban Avenue starting
where the fiber optic cable leaves 300 feet north of the intersection of Interurban
Avenue and East Marginal Way and runs along Interurban Avenue to the
intersection of South 133rd Street and Interurban Avenue.
20
cis MLA
City of
Tukwila
McLeod USA
Project Map
S
Not to Scale
McLeod USA
Vicinity Map
Bate 11 /6/14 By 17. Linsao
Disclaimer:
The location of features and boundaries
eare approximate and are intended for
ference only. Data is based on best
information available.
21
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EXHIBIT B
McLeodUSA Telecommunications Services, LLC
Franchise Agreement Acceptance Form
Date:
City of Tukwila
City Clerk's Office
6200 Southcenter Boulevard
Tukwila, WA 98188
Re: Ordinance No. , adopted on
Dear City Clerk:
In accordance with and as required by Section 4 of City of Tukwila Ordinance
No. , passed by the City Council and approved by the Mayor on
(the "Ordinance "), McLeodUSA Telecommunications
Services, LLC, hereby accepts the terms, conditions and obligations to be
complied with or performed by it under the Ordinance.
Sincerely,
Signature
Printed Name and Title
cc: Frank Iriarte, Public Works Department, City of Tukwila
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24
UTILITIES COMMITTEE
Meeting Minutes
Monday, November 17, 2014 — 5:15 p.m. — Foster Conference Room
City of Tukwila
Utilities Committee
PRESENT
Councilmembers: Kate Kruller, Chair (by phone); Allan Ekberg, Kathy Hougardy
Staff: Bob Giberson, Frank Marie, Robin Tischmak, Gail Labanara, Pat Brodin, Mike Cusick
and Laurel Humphrey
CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:18 p.m.
PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: McLeodUSA Franchise Agreement
Staff is seeking Council approval of an ordinance to grant a franchise to McLeodUSA
Telecommunications Services, LLC for the operation and maintenance of a fiber optic system in
the City right-of-way. Currently a subsidiary of Windstream Communications, McLeodUSA
purchased a lateral fiber system at approximately 300 feet north of the intersection of Interurban
Avenue South and East Marginal Way South to South 133rd Street and Interurban Avenue South.
Under the terms of the franchise agreement, McLeodUSA will pay a $5,000 administrative fee
within 30 days of approval. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 1, 2014
REGULAR CONSENT AGENDA.
B. King County Regional Sewer Treatment Agreement Negotiations
Staff provided an update on negotiations for a new sewage disposal contract between King
County and 35 member agencies. A sub-group of the Metropolitan Water Pollution Abatement
Advisory Committee has been meeting to discuss regional issues for the next contract update
including: Governance, Our Waters, Reclaimed Water, Innovation, Rate Setting, and Capital
Planning & Projects. This negotiating team intends to develop a new long-term agreement that all
member agencies can use toward the development of agency-specific contracts, with completion
expected in 2015. INFORMATION ONLY.
C. Project Completion: Andover Park West/Andover Park East Sewer Repair
Staff is requesting Council approval of project completion and release of retainage to Omega
Contractors, Inc. in the amount of $123,322.97 for emergency repairs to the sewer line between
Andover Park West and Andover Park East. In March 2013, failure of this sewer line led to the
Council declaring an emergency, and Omega Contractors was contracted to install and maintain
temporary pumping equipment. In March 2014 the City assumed operation of the temporary
pumping system until the contractor was selected for full repair. Staff displayed photos of the
project. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 1, 2014 REGULAR CONSENT
AGENDA.
25
26
COUNCIL AGENDA SYNOPSIS
------ ---------- ---------- Initials -------- ---------- ----------
Meeting Dale
12/01/14
Prepared
BG-nq
Ala or's rem
Mr
Council review
ITEM INFORMATION
ITEM No.
5.D.
CAS Nu up:
STAFF Sp( )NS( I: BOB GIBERSON
ORIGINAL AGF,NI),\ DATE: 12/01/14
AGENDA TEM Ti iii; APW/APE Sewer Repair March 2013
Project Completion and Acceptance
C,Vil ;( )RY El Dircussion
Aftt;Date
i4 Motion
Mt,gDate 12/01/14
[ Resolution
Mtg Date
Ordinance
Altt
I Bid l2pard
Mg
Public 1 leariq
ALtg Date
Other
Al Date
Si' ( )NS( R El Council Mayor I 1 IR E DCD Finance I TI' [ P&R [ Police PiV
SP oNSoie S The contract with Omega Contractors, Inc of Duvall, WA is complete for the APW/APE
SUMAli% RV Sewer Repair March 2013 Project. Omega Contractors installed and maintained temporary
pumping equipment used to move sewage around the collapsed pipe between Andover
Park West and Andover Park East. Three change orders were issued that extended the
contract. Council is being asked to accept and finalize the contract with Omega Contractors
in the amount of $123,322.97.
REviiwED BY
I COW Mtg.
[ CA&P Cmte I I F&S Cmte n Transportation Cmte
Cmte fl Arts Comm. 1- Parks Comm. r Planning Comm.
COMMVITEE CHAIR: KATE KRULLER
h1 Utilities
DATE: 11/17/14
RECOMMENDATIONS:
SPoNsoR/ADmiN.
COMNIVIME
Public Works
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDI"FURI RIQUIRIM AMOUNT BUDGETED APPROPRIATION REQUIRED
$123,322.97 $0.00 $0.00
Fund Source: 402 SEWER FUND (PG 71, PROPOSED 2015 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/01/14
MTG. DATE
ATTACHMENTS
12/01/14
Informational Memorandum dated 11/14/14
State of WA Depart of Revenue Notice of Completion 13-084
Minutes from the Utilities Committee meeting of 11/17/14
27
28
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Utilities Committee
FROM: Bob Giberson, Public Works Director
BY: Mike Cusick, P.E., Senior Program Manager
DATE: November 14, 2014
SUBJECT: APW/APE Sewer Repair March 2013
City Project No. 91340202, Contract No. 13-084
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize release of retainage.
BACKGROUND
On March 11, 2013, City staff received a call from a business owner on Andover Park East
reporting that sewage was coming up in his parking lot. City staff discovered that the 12-inch pipe
between Andover Park West and Andover Park East was full of sewage and not flowing. The
next day, staff noted gravel in the downstream manhole and determined that the sewer pipe had
failed and a sink hole had formed near the railroad tracks. Council declared an Emergency with
Resolution No. 1793.
Notice to Proceed for Contract No. 13-084 with Omega Contractors, Inc. of Duvall, Washington,
was issued on March 14, 2013. Omega Contractors installed and maintained temporary pumping
equipment used to move sewage around the collapsed pipe between Andover Park West and
Andover Park East. In May of 2014, the City assumed the operation of the temporary pumping
system until the contractor was selected for full repair of the sewer line.
Contract Award Amount (without sales tax)
Change Order No. 1-3 (Pump Rental)
Cost Under-runs
Sales Tax at 9.5%
Total Contract Amount
$ 36,529.68
79,419.21
(3,325.17)
10,699.25
$123.322.97
RECOMMENDATION
Council is being asked to formally accept the project and authorize the release of retainage,
subject to standard claim and lien release procedures for the 2013 APW/APE Sewer Repair
March 2013 Contract No. 13-084 with Omega Contractors, Inc. in the final amount of
$123,322.97 and consider this item on the Consent Agenda at the December 1, 2014
Regular Meeting.
Attachment: Notice of Completion Contract No. 13-084
W:\PW Eng1PROJECTS1A- SW ProjectMAPW APE Sewer Repair March 2013 (91340202) \ INFO Memo Completion OMEGA Construction July 10 2014 - sb.doc
29
30
Date:
Original
LII Revised #
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Contractor's UBI Number:
Name & Mailing Address of Public Agency
City of TukilaTukwila
6200 Southcenter Blvd. Suite 100
Tukwila, WA 98188
UBI Number: 179 000 208
Department Use Only
Assigned to:
Date Assigned:
Notice is hereby given relative to the completion of contract or project described below
Project Name
APE/APW Sewer Repair March 2013 ( Project 91340202)
Contract Number
13-084
Job Order Contracting
0 Yes Lif No
Description of Work Done/Include Jobsite Address(es)
Installation of bypass pumping system around a collapsed sewer pipe and pump rental from March
2013 to May 2014
Federally funded transportation project? El Yes IV No (if yes, provide Contract Bond Statement below)
Contractor's Name
Omega Contractors, Inc.
E-mail Address
Affidavit ID*
517987
Contractor Address
PO Box 430, Duvall, WA 98019
Te
(425)991-1697
ephone #
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
0 Retainage Bond 0 Contract/Payment bond (valid for federally funded transportation projects)
Name: 'Bond Number:
Date Contract Awarded
04/11/2013
Date Work Commenced
03/13/2013
Date Work Completed
05/14/2014
Date Work Accepted
0514/2014
Were Subcontracters used on this project? If so, please complete Addendum A. Dfes lYiNo
Affidavit ID* - No L&I release will he granted until all affidavits are listed.
Contract Amount
Additions ( + )
Reductions ( - )
Sub-Total
Amount of Sales Tax
9.5
(If various rates apply, please send a breakdown)
Comments:
$ 36,529.68
$ 79,419.21
$ 3,325.17
$ 112,623.72
10699.25
TOTAL $ 123,322.97
Liquidated Damages $ 0.00
Amount Disbursed $ 117,691.79
Amount Retained $ 5,631.18
NOTE: These two totals must be equal
Washtacron
TOTAL $ 123,322.97
Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract.
NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
Contact Name:
Email Address:
(fa.
Department of Revenue
Public Works Section
(360) 704-5650
PWC@dor.wa.gov
REV 31 0020e (4/28/14) F215-038-000 04-2014
S,.'te Dzirartmens
Labor & industries
Contract Release
(855) 545-8163, option # 4
ContractRelease@LNI.WA.GOV
Title:
Phone Number:
Aff Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
publlcworks@esd wa.gov
31
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No 1,8:1 release will be granted until all affidavits are listed.
Subcontractor's Name:
UBI Number: (Required)
Affidavid ID*
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washington Relay Service by calling 711.
REV 31 0020e Addendum (04/28/14) F215-038-000 04-2014
32
UTILITIES COMMITTEE
Meeting Minutes
Monday, November 17, 2014 — 5:15 p.m. — Foster Conference Room
City of Tukwila
Utilities Committee
PRESENT
Councilmembers: Kate Kruller, Chair (by phone); Allan Ekberg, Kathy Hougardy
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Gail Labanara, Pat Brodin, Mike Cusick
and Laurel Humphrey
CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:18 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinance: McLeodUSA Franchise Agreement
Staff is seeking Council approval of an ordinance to grant a franchise to McLeodUSA
Telecommunications Services, LLC for the operation and maintenance of a fiber optic system in
the City right-of-way. Currently a subsidiary of Windstream Communications, McLeodUSA
purchased a lateral fiber system at approximately 300 feet north of the intersection of Interurban
Avenue South and East Marginal Way South to South 133rd Street and Interurban Avenue South.
Under the terms of the franchise agreement, McLeodUSA will pay a $5,000 administrative fee
within 30 days of approval. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 1, 2014
REGULAR CONSENT AGENDA.
B. King County Regional Sewer Treatment Agreement Negotiations
Staff provided an update on negotiations for a new sewage disposal contract between King
County and 35 member agencies. A sub-group of the Metropolitan Water Pollution Abatement
Advisory Committee has been meeting to discuss regional issues for the next contract update
including: Governance, Our Waters, Reclaimed Water, Innovation, Rate Setting, and Capital
Planning & Projects. This negotiating team intends to develop a new long-term agreement that all
member agencies can use toward the development of agency-specific contracts, with completion
expected in 2015. INFORMATION ONLY.
C. Project Completion: Andover Park West/Andover Park East Sewer Repair
Staff is requesting Council approval of project completion and release of retainage to Omega
Contractors, Inc. in the amount of $123,322.97 for emergency repairs to the sewer line between
Andover Park West and Andover Park East. In March 2013, failure of this sewer line led to the
Council declaring an emergency, and Omega Contractors was contracted to install and maintain
temporary pumping equipment. In March 2014 the City assumed operation of the temporary
pumping system until the contractor was selected for full repair. Staff displayed photos of the
project. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 1, 2014 REGULAR CONSENT
AGENDA.
33
34
COUNCIL AGF;NDA SYNOPSIS
Initiate
Meeting Date
Prepared by j.
Mayor's review
Council review
12/01/14
BG -0
/
L"
Ordinance
Alt,,g Date
— Bid zlinard
AIg Dale
El Public I earing
Mgg Date
LI Other
Mg Date
AN
SP ONSOR LII Council Mayor H HR n DC]) l'inance lire El IT P&R Police I 13117
SpoNsoR's The contract with Green River Construction, Inc of Tukwila, WA is complete for the Sewer
Si imm,\Ry Repair at 6450 Southcenter Blvd. This project installed a new sewer manhole as well as
replaced 100 feet of sewer pipe after an emergency sewer break. Two change orders were
issued for $95,399.11. Comcast has been invoiced for the full repair as the blockage was
caused by the installation of two Comcast cable ducts. Council is being asked to accept and
finalize the contract with Green River Construction in the amount of $138,626.03.
REVIEWED BY I COW Mtg. n CAM) Cmte [ F&S Cmtc r Transportation Cmtc
Z Utilities Cmtc L Arts Comm. 1 Parks Comm. p Planning Comm.
DATE: 11/17/14 COMMITTEE CHAIR: KATE KRULLER
RECOMMENDATIONS:
sp()NsoR/ADmIN.
CommriTHE
Public Works
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
TEM INFORMATION
ITEM No.
5.E.
CAS NUMBER:
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DATE: 12/01/14
AGENDA ITEM TITLE Sewer Repair at 6450 Southcenter Boulevard
Project Completion and Acceptance
c,\TF:GoRy [ Discussion
AN Date
II
Motion
Date 12/01/14
Resolution
Ilg Date
Ordinance
Alt,,g Date
— Bid zlinard
AIg Dale
El Public I earing
Mgg Date
LI Other
Mg Date
AN
SP ONSOR LII Council Mayor H HR n DC]) l'inance lire El IT P&R Police I 13117
SpoNsoR's The contract with Green River Construction, Inc of Tukwila, WA is complete for the Sewer
Si imm,\Ry Repair at 6450 Southcenter Blvd. This project installed a new sewer manhole as well as
replaced 100 feet of sewer pipe after an emergency sewer break. Two change orders were
issued for $95,399.11. Comcast has been invoiced for the full repair as the blockage was
caused by the installation of two Comcast cable ducts. Council is being asked to accept and
finalize the contract with Green River Construction in the amount of $138,626.03.
REVIEWED BY I COW Mtg. n CAM) Cmte [ F&S Cmtc r Transportation Cmtc
Z Utilities Cmtc L Arts Comm. 1 Parks Comm. p Planning Comm.
DATE: 11/17/14 COMMITTEE CHAIR: KATE KRULLER
RECOMMENDATIONS:
sp()NsoR/ADmIN.
CommriTHE
Public Works
Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$138,626.03 $0.00 $0.00
Fund Source: 402 SEWER FUND
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/01/14
MTG. DATE
ATTACHMENTS
12/01/14
Informational Memorandum dated /14/ 14
State of WA Depart of Revenue Notice of Completion -181
Minutes from the Utilities Committee meeting of 11/17/14
35
36
TO:
FROM:
BY:
DATE:
SUBJECT:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
Bob Giberson, Public Works Director
Mike Cusick, Senior Program Manager
November 14, 2014
Sewer Repair at 6450 Southcenter Blvd
Project No. 91340203, Contract No. 13-181
Project Completion and Acceptance
ISSUE
Accept the contract as complete and authorize release of the retainage.
BACKGROUND
A contract was approved by Council on November 4, 2013 with Green River Construction, Inc. in the
amount of $34,164.00 (including sales tax) to install a new manhole and clear any blockage in the
emergency sewer repair at 6450 Southcenter Blvd. During the excavation for the manhole, it was
determined that the blockage was caused by the installation of two Comcast cable ducts.
DISCUSSION,
The scope of the project changed dramatically with the discovery of the two Comcast cable ducts,
therefore the original contract awarded to Green River Construction did not accurately reflect the work
that was required for the project. Work was then tracked on a time and material basis in order to
calculate fair compensation for the contractor's effort on the full repair.
FINANCIAL IMPACT
The original construction contract was for $34,164.00 (including sales tax) for the sewer manhole
installation. The additional scope of work included the installation of approximately 100 feet of sewer
pipe, traffic control, landscaping, and pavement/sidewalk restoration for a total of $104,462.03. As this
was an emergency repair, the project was not budgeted and construction costs came from the Sewer
Fund's ending fund balance.
The City filed a claim against Comcast and their contractor for the damages to the sewer line and
costs incurred for the repair by the City. Retainage of $6,329.95 is being withheld.
Original Contract Amount $ 31,200.00
Change Orders No. 1& 2 95,399.11
Sales Tax (9.5%) 12,026.92
Total $138,626.03
RECOMMENDATION
Council is being asked to formally accept the project and authorize the release of the retainage,
subject to standard claim and lien release procedures for the 2013 Annual Sewer Program for the
Sewer Repair at 6450 Southcenter Blvd by Green River Construction, Inc. in the final amount of
$138,626.03 and consider this item on the Consent Agenda at the December 1, 2014 Regular
Meeting.
Attachment: Notice of Completion, Contract No. 13-181
W:\PW Eng\ PROJECTS \A- SW Projects\2013 Annual Sewer Repair (91340201)\Sewer Repair at 6450 SC Blvd (91340203)\ Into Memo 65th Closeout sb.doc
37
38
Date:
El
Original
ORevimed#
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
7Jun-14 Contractor's UBI Number:
City of Tukwila
6200 Southcenter Blvd
Tukwila Wa 98188
UBI Number: 9I-6001519
60058249
Department Use n y
Assigned to:
Date Assigned:
Notice is herebgiven relative to the completion of contract or project described below
Project Name
Sewer Repair at 6450 Southcenter Blvd `N`e(4 q134bat3)
Contract Number
13'181
Job Order Contracting
L Yes NU No
Description of Work Done/Include Jvb*i/cAdaro,(es)
Repair of the sewer line damaged by the installation of 2 fiber optic
Federally funded transportation project? LJ Yes
ducts
by private contractor.
No (if yes, provide Contract Bond Statement below)
U0
Contractor's Name
Green River Construction, Inc
E-mail Address
a|ison@0reenrivercunstruction.com
Affidavit ID*
514041
Contractor Address
6402 S 144th St Suite 1, Tukwila WA 98188
Te
(206)
ephone #
246-9456
If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number.
[] Retainage Bond [] Contract/Payment bond (valid for federally funded transportation projects)
Name: 'Bond Number:
Date Contract Awarded
November 4, 2013
Date Work Commenced
November 14, 2013
Date Work Completed
April, 9,20l4
Date Work Accepted
Were Subouutruc*e= used on t his project? Ifmo, please complete A6uvnd,om.�' ���'
U�Yes [] No
Affidavit ID* re
Contract Amount
Additions (+)
Reductions (-)
Sub-Total
Amount of Sales Tax
9.500%
(If various rates apply, please send a breakdown)
TOTAL
$ 31,200.00
$ 95,399.11
� 0.00
$ 126"599.81
$ 12,026.92
$ 138,626.03
Liquidated Damages $ 0.00
Amount Disbursed $ 132,296.08
Amount Retained $ 6,329.95
NOTE: These two totals must be equa
TOTAL $ 130,626.83
.~Oa. / Tic uuvuru/1g m/uu nmu`uwm,m^cmo,iLt u WAIL ummLumtunmmuccq"nue mmuwm^umemmx mmumm�z
NO PAYMENT SIIALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates.
Submitting Form: Please submit the completed form by email to all three agencies below.
Contact Name:
Email Address:
riac Department of Revenue
Public Works Section
(360) 704-5650
0 Washington State Department of
Labor & Industries
Contract Release
545-8163, w4
Title:
Phone Number:
Employment Security
Department
Registration, Inquiry,
Standards & Coordination
Unit
(360) 902-9450
°lhlinmnrk="~eri=nnv
REV 31 0020e (4/28/14)
F215-038-000 04-2014
Addendum A: Please List all Subcontractors and Sub-tiers Below
This addendum can be submitted in other formats.
Provide known affidavits at this time. No 1_,841 release will be granted until all affidavits are listed.
Subcontractor's Name:
UBI Number: (Required)
Affidavid ID*
FINISHING EDGE WASHINGTON
602677001
507799
ACTION ASPHALT
602206312
513155
PERFECT PAINT STRIPPING
601803400
515385
BRAVO ENV RNMENTAL
602946216
503618
602126314
NO LONGER IN BUSINESS*
For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the
Washingto:-. Relay Service by calling 711.
14031 0020e Addendum (04/28/14) F215-038-000 04-2014
Utilities Committee Minutes
November 17, 20Y4- Page 2
D. Project Completion: 6450 Southcenter Boulevard Sewer Repair
Staff is requesting Council approval of p ject completion and release of retainage to Green River
Construction, Inc. in the amount of $138,626.03 for the Sewer Repair at 6450 Southcenter
Boulevard. The original contract of $34,164 was intended to install a new manhole and clear
b\ookoge, but the scope of work changed significantly when excavation work revealed that the
blockage was caused by the installation of two Comcast cable ducts. Additional work included
installation of approximately 100 feet of sewer pipo, traffic control, landscaping, and sidewalk
restoration. The City filed a claim against Comcast and their contractor for damages to the sewer
line and costs for repair. Staff distributed several pictures of the project. UNANIMOUS
APPROVAL. FORWARD TO DECEMBER 1, 2014 REGULAR CONSENT AGENDA.
III. MISCELLANEOUS
Committee Member Ekberg noted recent public comment requesting pedestrian safety improvements
at the intersection of South 14O" Street and Tukwila International Boulevard. Staff responded that the
City Engineer is conducting an investigation and will report back to determine if improvements are
warranted.
Meeting adjourned at 5:58 p.m.
Next m Monday, December 1'2014-5:15p.no.— Foster Conference Room
'1/'
Committee Chair Approval
Minutes by LH. Reviewed by GL.
42
COUNCIL AGENDA SYNOPSIS
-
Meet* Date
Prepared 12y
Mayor review
Council review
12/01/14
LRK
,, /4/
Motion
g Date 12/1/14
Resohilion
AN Dale
()nlinan(:e
A1 t Dale
13/1 Award
Al lg Date
I I Public Heariiig
Allg Date
_ Other
Allg Dale
Mt
SPONSOR Council _ Mayor _ I IR _ DCD Finance Fire iirt P&R. 1 Police I
SI)( )Ns( )R'S SeaTac Municipal Court is requesting to enter into an additional two year Interlocal
Summ.\Ry Agreement with the City of Tukwila for probation services. A two year agreement is in line
with Tukwila's biennial budget for 2015-2016. The agreement is scheduled to go before
the Council for approval on December 1, 2014.
Rilvi kwi,t) liY C( AV NIT,.
Utilities Crntc
DATI.,: 11/18/2014
CA&P (lime F&S Crnte Transportation Cnate
Arts Comm. Parks Comm. Planning Comm.
COMMITTEE CI !AIR: SEAL
RECOMMENDATIONS:
sp()Ns()R/ADmIN.
COV\111ikk
ITEM INFORMATION
ITEM No.
5.F.
43
, TAFF SPONSOR: LATRICIA KINLOW
ORIGINAL AGIADA DATH: 12/1/14
.,\(;1 AIM HEM TIT' T: An
Services
Interlocal
Agreement with City of SeaTac for Tukwila Municipal Court Probation
CAM ;oRY )iscriss o 2
Mtg Date
Motion
g Date 12/1/14
Resohilion
AN Dale
()nlinan(:e
A1 t Dale
13/1 Award
Al lg Date
I I Public Heariiig
Allg Date
_ Other
Allg Dale
Mt
SPONSOR Council _ Mayor _ I IR _ DCD Finance Fire iirt P&R. 1 Police I
SI)( )Ns( )R'S SeaTac Municipal Court is requesting to enter into an additional two year Interlocal
Summ.\Ry Agreement with the City of Tukwila for probation services. A two year agreement is in line
with Tukwila's biennial budget for 2015-2016. The agreement is scheduled to go before
the Council for approval on December 1, 2014.
Rilvi kwi,t) liY C( AV NIT,.
Utilities Crntc
DATI.,: 11/18/2014
CA&P (lime F&S Crnte Transportation Cnate
Arts Comm. Parks Comm. Planning Comm.
COMMITTEE CI !AIR: SEAL
RECOMMENDATIONS:
sp()Ns()R/ADmIN.
COV\111ikk
Tukwila Municipal Court
Unanimous Approval; Forward to Consent Agenda 12/1/14
COST IMPACT / FUND SOURCE
,:xlm:NDITtilw 1,:Q(,1 k AMOUNT BUDGETNI) APPROPRIATION REQUIRED
$
Fund Source: REVENUE
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/01/14
MTG. DATE
ATTACHMENTS
12/1/14
Informational Memorandum dated 11/18/14
Draft Interlocal Agreement
Minutes from the Finance and Safety Committee meeting of 11/18/14
43
44
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
MAYOR HAGGERTON
FINANCE & SAFETY COMMITTEE
FROM: KIMBERLY A. WALDEN, PRESIDING JUDGE
BY: LATRICIA KINLOW, COURT ADMINISTRATOR
DATE: NOVEMBER 18, 2014
SUBJECT: INTERLOCAL AGREEMENT — City of Tukwila and City of SeaTac for
Probation Services 2015-2016
ISSUE
SeaTac Municipal Court is requesting to enter into an additional two year Interlocal Agreement
with the City of Tukwila for probation services. A two year agreement is in line with Tukwila's
biennial budget for 2015-2016.
BACKGROUND
Tukwila Municipal Court's Misdemeanant Probation Division is highly respected throughout the
Washington State judiciary. This team, consisting of Mindy Breiner (Probation Officer) and
Kerry Carlson (Jail Alternative Specialist), is known for their innovative ways of providing
probation services. They are often sought-out by other municipal courts as a resource for
dealing with probation related issues. SeaTac desires to avail itself of their services.
Tukwila's City Attorney drafted the original agreement back in 2012, and attached is the
proposed interlocal agreement that is being submitted to SeaTac's City Council for approval.
The agreement is scheduled to go before their council for signature on December 9, 2014.
The scope of service and details of the compensation for probation services are provided in
Exhibits A and B of the interlocal agreement. The interlocal also specifies the indemnification
for both the City of Tukwila and the City of SeaTac.
FINANCIAL IMPACT
To support this ILA, Tukwila Municipal Court increased the Jail Alternative position from a .50
FTE position to a .75 FTE back in 2012. The expense for the increase in this position is
covered from the revenue received from SeaTac for probation services. The City of Tukwila
received $59,050 for probation services in 2013, and estimates the amount to be received from
SeaTac for 2014 services to total approximately $52,000.
Exhibit B of the agreement details the costs and fees SeaTac will remit to Tukwila for probation
services. We estimate total revenue of $100,000 for the 2015-2016 budgets.
RECOMMENDATION
The Council is being asked to approve the Interlocal Agreement at the December 1, 2014
Regular Meeting under the Consent Agenda.
ATTACHMENTS
Interlocal Agreement between the City of Tukwila and the City of SeaTac for Probation
Services.
45
46
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF TUKWILA AND THE CITY OF SEATAC FOR
PROBATION SERVICES
THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into pursuant
to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by
and between the City of Tukwila ( "Tukwila ") and the City of SeaTac ( "SeaTac "), for
SeaTac's utilization of Tukwila's Probation Services ( "Service ").
WHEREAS, Tukwila currently provides Probation Services (the "Service ") for its
Municipal Court;
WHEREAS, SeaTac desires to avail itself of the Service;
NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by
and between Tukwila and SeaTac as follows:
1. Statement of Purpose. The purpose of this agreement is to define the
parameters of SeaTac's utilization of Tukwila's Probation Services, which is
administered by Tukwila Municipal Court.
2. Scope of Services. SeaTac hereby engages Tukwila to perform the services
described in Exhibit A, Scope of Services, attached hereto and incorporated
herein. During the term of this Agreement SeaTac or Tukwila may request
changes in the Scope of Services. Any such change requires the mutual
agreement of the parties and shall be effective upon execution of a written
amendment.
3. Compensation. SeaTac agrees to pay the costs and fees set forth in Exhibit B,
Cost and Fee Schedule, attached hereto and incorporated herein. Tukwila shall
submit a monthly invoice to SeaTac Municipal Court for all probation
services and administrative costs due. Payment shall be due within 30 days of
the date of the invoice.
4. Duration. This Agreement shall take effect on January 1, 2015 and shall
remain in effect through December 31, 2016.
5. Termination. Either party may terminate this Agreement by giving thirty (30)
days written notice of termination to the other party. In the event that this
Agreement terminates prior to December 31, 2016, SeaTac Municipal Court
will invoice Tukwila Municipal Court within 30 days of termination of the
Agreement for reimbursement for services paid by SeaTac Municipal Court
but not yet rendered by Tukwila Municipal Court. Such invoice should
include a detailed list of case numbers and defendants names.
Interlocal Agreement - 1 20141022
47
6. Amendments. This agreement may be changed only by written amendment
between SeaTac and Tukwila. Both parties will cooperate in preparing any
documentation necessary to seek approval or to amend this agreement.
7. Independent Contractors. This Agreement shall not constitute, create, or
otherwise imply an employment, joint venture, partnership, agency or similar
arrangement. Each party to this Agreement shall act as an independent
contractor, and neither party shall have the power to act for or bind the other
party except as expressly provided for herein.
No income, social security, state disability or other federal or state payroll tax
shall be deducted from payments made to Tukwila under this Agreement.
Tukwila's services shall be exempt from State sales, use or similar taxes.
Tukwila may provide services to others during the same period Tukwila
provides service to SeaTac under this Agreement.
8. Indemnification.
A. SeaTac shall indemnify and hold harmless Tukwila and its officers, agents
and employees or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by any
reason of or arising out of any negligent act or omission of SeaTac, its
officers, agents and employees, or any of them relating to or arising out of the
performance of this Agreement; and if final judgment be rendered against
Tukwila and its officers, agents and employees or any of them, or jointly
against the Tukwila and SeaTac and their representative officers, agents and
employees, or any of them, SeaTac shall satisfy the same to the extent that
such judgment was due to SeaTac's negligent act or omissions.
B. Tukwila shall indemnify and hold harmless SeaTac and its officers, agents
and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by any
reason of or arising out of any negligent act or omission of Tukwila, its
officers, agents and employees, or any of them relating to or arising out of the
performance of this Agreement; and if final judgment be rendered against
SeaTac and its officers, agents and employees or any of them, or jointly
against SeaTac and Tukwila and their representative officers, agents and
employees, or any of them, Tukwila shall satisfy the same to the extent that
such judgment was due to the Tukwila's negligent act or omissions.
9. Governing Law and Venue. This Contract shall be governed by the laws of
the State of Washington both as to interpretation and performance. Venue
shall be in Superior Court in the State of Washington for King County.
Interlocal Agreement - 2 20141022
48
10. Severability. If any provision of the Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions shall nevertheless continue in full force without being impaired or
invalidated in any manner.
11. Correspondence and Notices. All correspondence and notices related to this
agreement shall be delivered or mailed to the following addresses:
Tukwila: Tukwila Municipal Court
6200 Southcenter Blvd.
Tukwila, WA 98188
SeaTac: SeaTac Municipal Court
4800 South 188th Street
SeaTac, WA 98188
12. Interlocal Cooperation Act Provisions. It is not intended that a separate legal
entity be established to conduct this cooperative undertaking. No special
budget or funds are anticipated, nor shall any be created. The parties are each
responsible for their own finances in connection with this Agreement, and
nothing in this Agreement shall be deemed or construed otherwise. The
parties do not intend to acquire, hold, or dispose of any real or personal
property pursuant to this Agreement.
IN WITNESS WHEREOF SeaTac and Tukwila have executed this Agreement this day of
November 2014.
Tukwila Municipal Court SeaTac Municipal Court
Kimberly Walden, Presiding Judge Elizabeth Bejarano, Presiding Judge
Date: Date:
City of Tukwila City of SeaTac
Jim Haggerton, Mayor Todd Cutts, City Manager
Date: Date:
Interlocal Agreement - 3 20141022
49
EXHIBIT A
SCOPE OF SERVICES
Tukwila Probation Services
Tukwila agrees to provide the following services:
To the degree permitted by law and ordered by SeaTac Municipal Court:
1. Provide supervised probation, monitored probation, deferred prosecution
monitoring, and Pre - Sentence Investigations as ordered by the SeaTac
Municipal Court ( "Court").
2. Provide Jail Alternative services as ordered by the Court, including day
reporting, community work, and electronic home detention.
3. Attend review calendars at the Court on the first (1St) Thursday of each month.
4. Assist the Court Administrator in developing a policy and procedure manual
for SeaTac Probation.
SeaTac agrees to provide the following services under this Agreement:
1. Provide Tukwila access to CaseloadPro case management system for two
users.
2. Provide Tukwila with two key cards for access to Court offices.
3. Provide an appropriate meeting space in SeaTac City Hall for Tukwila
Probation Services to use as an alternate location.
4. Provide Tukwila with JIS user names and passwords for all Tukwila Probation
Services staff.
5. Refer all appropriate cases to Tukwila for the provision of those services
indicated by this Agreement.
6. Provide payment to Tukwila for services rendered pursuant to Exhibit B,
Costs.
7. Provide internet and JIS access to Tukwila Probation while performing
services for SeaTac Municipal Court. Access includes but is not limited to
hearings while in the SeaTac courtroom, and /or on SeaTac property.
Interlocal Agreement - 5 20141022
50
EXHIBIT B
COST AND FEE SCHEDULE
PAYMENTS TO TUKWILA
SeaTac shall be charged the following amounts for Tukwila Probation Services:
Probation Services:
Supervised Probation
Monitored Probation
Deferred Prosecution
Pre - Sentence Investigation
Jail Alternative Fees:
Referral Fee
Day Reporting
Community Work
Electronic Home Detention (alcohol related)
Administrative Costs
Monthly Probation Administrative Fee
Interlocal Agreement - 6 20141022
$300.00 per case, per year
$200.00 per case, per year
$1200.00 per case
$150.00 per case
$25.00 per case
$10.00 per case, per day
$10.00 per case, per day
$15.50 per case, per day plus
$10.00 one -time processing
fee
$200.00 per month
51
52
x~�^ '�� 7 ^7
�-/%I�/ K�� � l�y[%�2�1��
-' �
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
November 18, 2014 — 5:30 p.m.; Hazelnut Conference Room
PRESENT
Councilmembers: Verna Seal, Chair; Kathy Hougardy, Allan Ekberg (Absent: Joe Duffie)
Staff: Peggy McCarthy, Trish Rin|ovv, Stephanie Brown, Joyce Tr8ntiD8, Mike Cusick,
Mike Villa, Jon Harrison, Gail Labanara, Derek Speck, Laurel Humphrey
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
No presentations.
IL BUSINESS AGENDA
A. |ntedoca|/\Oreement: Probation Services
Staff ig seeking ��OUOCi|approval tO enter into @ninhedooa|ogneenn8Dt[p provide pnobaUonand
jail a|tarnedveservices tV the QtyofGeaTac.An existing intedVom|mgreernent has been inplace
since 2D12 and both (�itjeSdesire tocVOUOue. Total revenue for 2D15-2O10iSeSd[D8tSdtObe
-- ��-- around $100.000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 1, 2014
REGULAR CONSENT AGENDA.
B. Contract: Security Services for Tukwila Municipal Court
Staff is seeking Council approval of a contract with Securitas Security Serves USA, Inc. for the
Continued provision of security services for the Tukwila Municipal Court for a term through
December 31, 2016. There are no additional expenses and the total amount to be paid shall
not exceed $80,020. Securitas has provided security to the Court since June 2006. Exhibit A,
Scope of Services, Item 3 will be amended to explain that Court patrons are allowed temporary
firearm storage in the Police Department aneo, which is in accordance with State law.
UNANIMOUS APPROVAL AS AMENDED. FORWARD TO DECEMBER 1, 2014 REGULAR
CONSENT AGENDA.
C. Contract: Urban Renewal Demolition P ject
Staff is seeking Council approval of a consultant agreement with PBS Engineering &
Environmental for engineering services for demolition of the Great Bear, Boulevard, Spruce and
Traveler's Choice Motels. The City currently owns the Great Bear, Boulevard, and Traveler's
Chnice, and anticipates completing negotiations with the owners of the Spruce to assume
ownership in early 2015. Until the properties are sold to a developer or an alternative use is
determined, Administration recommends demolition for purposes of safety and aesthetics. The
City requires engineering assistance prior to embarking on a public bid process to determine
the demolition contractor. Eight firms were evaluated from the MRSC roster and PBS
Engineering & Environmental, Inc. was selected as most qualified. The cost estimate for the
services is $149,018.60 and funding is available from the Urban Renewal/TIB Redevelopment
project. Payments toward the total will be submitted as tasks are completed. Options relating
to fencing or lack of fencing will be determined as a result of the analysis in this scope of work.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE
WHOLE.
54
COUNCIL AGENDA „SYNOPSIS
Meeting Date
Prepared by
Alcgor:c review
Council review
12/01/14
LRK
C.vil:(( Y Discussion
Altg Date
MN/on
Dale 12/1/14
Resat( lion
AligDate
Ordinance
All,g0ale
I I Bid 712»ard
AID Dale
Public I leathzg
AN Dale
Other
AkgDate
AN
Si' c )NS( )it Council Alayor j I IR DCD 1 '' i 17 a /1 CC i 'ire Cotta' —I P&R 7 PaRr E I'U
SPoNSolk'S Securitas Security Services, Inc. provides security services for the Tukwila Municipal Court.
summ,\Ry The court is pleased with their current level of services and desires to renew the contract.
The Tukwila Municipal Court's 2015-2016 budgets includes security services. There are no
additional expenses resulting from this new contract outside of what is already included in
the upcoming biennial budget. The Council is being asked to approve the contract at the
December 1, 2014 Regular Meeting Consent Agenda.
iziNikwi;i) BY COW Mtg. CA&P Cmtc
_
_ Utilities Cmte Arts Comm.
DATU: 11/18/2014
Li F&S Crntc
i I Transportation Cmte
Comm. Planning Cotnm.
CI IAT : SEAL
ITEM INFORMATION
ITEM No.
5.G.
55
ST. \ it!: SP( )NsuIt: LATRICIA KINLOW
OitiGiNAL/V;Livi),\ Dx1E: 12/ / 4
AckNim HENt TITLI, Securitas
Security Services Contract (Court Security)
C.vil:(( Y Discussion
Altg Date
MN/on
Dale 12/1/14
Resat( lion
AligDate
Ordinance
All,g0ale
I I Bid 712»ard
AID Dale
Public I leathzg
AN Dale
Other
AkgDate
AN
Si' c )NS( )it Council Alayor j I IR DCD 1 '' i 17 a /1 CC i 'ire Cotta' —I P&R 7 PaRr E I'U
SPoNSolk'S Securitas Security Services, Inc. provides security services for the Tukwila Municipal Court.
summ,\Ry The court is pleased with their current level of services and desires to renew the contract.
The Tukwila Municipal Court's 2015-2016 budgets includes security services. There are no
additional expenses resulting from this new contract outside of what is already included in
the upcoming biennial budget. The Council is being asked to approve the contract at the
December 1, 2014 Regular Meeting Consent Agenda.
iziNikwi;i) BY COW Mtg. CA&P Cmtc
_
_ Utilities Cmte Arts Comm.
DATU: 11/18/2014
Li F&S Crntc
i I Transportation Cmte
Comm. Planning Cotnm.
CI IAT : SEAL
I I Parks
CC N FITIT,
RECOMMENDATIONS:
SI,()Ns()1</AminN.
(2( ),\1,\II1IVE
Tukwila Municipal Court
Unanimous Approval; Forward to December 1 Consent Agenda
COST IMPACT / FUND SOURCE
ExpENDITuRk RHQuiRki AmouNT BuDGETED APPROPRIATION REQUIRED
$90,000 $90,000
Fund Source: GENERAL FUND
Comments': The court included this expense in the 2015-2016 bienniel budget
MTG. DATE
RECORD OF COUNCIL ACTION
12/01/14
MTG. DATE
ATTACHMENTS
12/1/14
Informational Memorandum dated 11/18/14
Informational Memorandum dated 11/21/14, provided at he request of FS Committee
Draft Contract, with updated Exhibit A, based on discussion at FS Committee
Minutes from the Finance and Safety Committee meeting of 1 /18/14
55
56
905
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Finance & Safety Committee
Mayor Haggerton
FROM: Kimberly A. Walden, Presiding Judge
BY: La Tricia Kin low, Court Administrator
DATE: November 18, 2014
SUBJECT: Securitas Security Services USA, Inc. Contract
ISSUE
Securitas Security Services USA, Inc. provides security for the Tukwila Municipal Court. The
current agreement expires December 31, 2014.
BACKGROUND
Securitas Security Services, Inc. has provided security services for the Tukwila Municipal Court
since to June 2006. They provide this same service to a number of courts within the state of
Washington. Tukwila is pleased with their current level of services.
FINANCIAL IMPACT
The Tukwila Municipal Court's 2015-2016 budgets includes security services. There are no
additional expenses resulting from this new contract outside of what is already included in the
upcoming biennial budget. The total amount to be paid shall not exceed $80,020.
RECOMMENDATION
The Council is being asked to approve the contract at the December 1, 2014 Regular Meeting
under the Consent Agenda.
ATTACHMENTS
Contract for Services — Securitas Security Services USA, Inc.
57
58
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Finance & Safety Committee
Mayor Haggerton
FROM: Kimberly A. Walden, Presiding Judge
BY: La Tricia Kin low, Court Administrator
DATE: November 21, 2014
(In response to F&S November 18, 2014 meeting)
SUBJECT: Follow-up to Securitas Security Services USA, Inc. Contract
This memo is in response to the Finance & Safety Committee's request for information related
to the increase in expenditures for court security services. The information is as follows:
2011 $36,420
2012 $38,820
2013 $38,927
2014 $33,147 (year to date)
For the 2015-2016 biennial budget there is an increase of 4% per year for a total increase of
8%. The percentage increase is consistent with what we have paid historically since contracting
services with Securitas.
59
60
City of Tukwila
6200 Southcenter Boulevard Tukwila WA 98188
SECURITAS
CONTRACT FOR SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington a non - charter optional
municipal code city hereinafter referred to as "the City" and Securitas Security Services USA, Inc., a Delaware
corporation, hereinafter referred to as "the Contractor ", whose office is located at 3633 136th Place SE, Suite
315, Bellevue, WA 98006.
WHEREAS, the City has determined the need to have certain security services performed for its citizens but
does not have the manpower or expertise to perform such security services; and
WHEREAS, the City desires to have the Contractor perform such security services pursuant to certain terms and
conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained the parties hereto agree as
follows:
1. Scope and Schedule of Services to be Performed by Contractor
The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by
this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all
Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Contractor shall request and obtain prior written
approval from the City if the scope or schedulels to be modified in any way.
2. Compensation and Method of Payment
The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B
attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed
$80,020. Contractor may raise its rates on 30 days written notice to account for any increases in:
a) health care benefit or insurance costs
b) labor or fuel costs
c) costs arising from changes to laws regulations or insurance premiums
d) SUI or similar taxes or
e) any other taxes fees costs or charges related to the services
61
3. Contractor Budget
The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this
Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to
amend its budget in any way.
4. Duration of Agreement
This Agreement shall be in full force and effect for a period commencing January 1, 2015 and ending December
31 2016 unless sooner terminated under the provisions hereinafter specified.
5. Independent Contractor
Contractor and City agree that Contractor is an independent contractor with respect to the services provided
pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall
be entitled to any benefits accorded City employee by virtue of the services provided under this Agreement The
City shall not be responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program or otherwise assuming the duties of an employer with
respect to the Contractor or any employee of the Contractor.
6. Indemnification The Contractor shall defend, indemnify and hold the City, its officers, agents, officials,
employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the
extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Agreement
7. Insurance
The Contractor shall procure and maintain for the duration of the Agreement insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance of the
work hereunder by the Contractor their agents representatives employees or subcontractors. Contractor s
maintenance of insurance its scope of coverage and limits as required herein shall not be construed to limit the
liability of the Contractor to the coverage provided by such insurance or otherwise limit the City s recourse to
any remedy available at law or in equity.
62
A. Minimum Scope of Insurance Contractor shall obtain insurance of the types and with the limits
described below:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of 1 000 000 per accident. Automobile liability insurance shall cover all owned,
non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office
ISO form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance with limits no less than 1 000 000 each occurrence,
2,000,000 general aggregate and $2,000,000 products completed operations aggregate limit.
Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and
shall cover liability arising from premises operations independent contractors products
completed operations stop gap liability personal injury and advertising injury and liability
assumed under an insured contract. The Commercial General Liability insurance shall be
endorsed to provide the Aggregate Endorsement ISO form CG 25 03 1185 or an equivalent
endorsement. The City shall be named as an additional insured under the Contractor's
Commercial General Liability insurance policy with respect to the work performed for the City
using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured Completed
Operations endorsement CG 20 3710 01 or substitute endorsements providing equivalent
coverage. Additional insured will only be covered by Contractor s insurance for liability assumed
by Contractor in this Agreement subject to the terms of Contractor's insurance.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Other Insurance Provision The Contractor's Automobile Liability and Commercial General Liability
insurance policies are to contain, or be endorsed to contain that they shall be primary insurance
with respect to the City. Any insurance self- insurance or insurance pool coverage maintained by the
City shall be excess of the Contractors insurance and shall not contribute with it.
C . Acceptability of Insurers Insurance is to be placed with insurers with a current A M Best rating of
not less than A: VII
D. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Contractor before commencement of the work.
E. Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage
and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance
with reasonable and prudent business practices
F. Notice of Cancellation The Contractor shall endeavor to provide the City and all Additional Insureds
for this work with written notice of any policy cancellation within 30 days of their receipt of such notice.
63
G Failure to Maintain Insurance Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five business days
notice to the Contractor to correct the breach, immediately terminate the contract or at its discretion, procure
or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to
be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor
from the City.
8. Record Keeping and Reporting
A. The Contractor shall maintain accounts and records, including personnel, property, financial and
programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended
and services performed in the performance of this Agreement and other such records as may be deemed
necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof unless
permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 4014 and
by the City.
9. Audits and Inspections The records and documents with respect to all matters covered by this Agreement
shall be subject at all times to inspection, review or audit by law during the performance of this Agreement.
10. Termination This Agreement may at any time be terminated by either party giving to the other party at least
thirty (30) days written notice of its intention to terminate the same. Failure to provide products on schedule
may result in contract termination. If the Contractor s insurance coverage is canceled for any reason each party
shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited The Contractor shall not discriminate against any employee, applicant for
employment, or any person seeking the services of the Contractor to be provided under this Agreement on the
basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or
physical handicap.
12. Assignment and Subcontract The Contractor shall not assign or subcontract any portion of the services
contemplated by this Agreement without the written consent of the City.
13. Entire Agreement; Modification This Agreement, together with attachments or addenda represents the
entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations,
representations, or agreements written or oral. No amendment or modification of this Agreement shall be of
any force or effect unless it is in writing and signed by the parties.
14. Severability and Survival If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and
all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and
context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall
survive termination of this Agreement.
64
15. Notices Notices to the City of Tukwila shall be sent to the following address:
City Clerk City of Tukwila
6200 Southcenter Blvd
Tukwila Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below.
16. Applicable Law; Venue; Attorney's Fees This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly
laid in King County, Washington. The prevailing party in any such action shall be entitled to its reasonable
attorney's fees and costs of suit.
17. US Safety Act Notwithstanding anything to the contrary, in connection with the US Safety Act, each party
waives all claims against the other for damages arising from or related to an act of terrorism, and the parties
intend for this waiver to flow down to their respective contractors and subcontractors.
CITY OF TUKWILA
Mayor
Attest Authenticated:
City Clerk
CONTRACTOR: SECURITAS SECURITY SERVICES USA, INC.
By: 7/2/
4i1..�.�
j
Printed Name and Title Ed �(r _ AI V e
Address 3633 136th Place SE Suite 315 4J
Bellevue WA 98006
Approved as to Form:
Office of the City Attorney
65
EXHIBIT A
SCOPE OF SERVICES: Securitas Court Security Officer
The Securitas court security officer shall provide the following services and in accordance with Court
Security Officer Manual:
1. The officer shall conduct a security sweep of the court and surrounding area prior to and after shift.
Shift hours are daily 8:30 AM to 4:30 PM.
2. Physically screen all persons, with few exceptions, entering the Tukwila Municipal Court. The initial
and primary screening method shall be via the metal detector arch. A hand wand metal detector shall
be employed after two unsuccessful passes through the arch. The officer shall also physically search
all belongings patrons intend to bring into the court area: With proper identification, the city
employees and law enforcement personnel may bypass the screening process.
3. The officer shall temporarily store prohibited items (excluding firearms). The officer shall inform
patrons that firearms will not be stored on at the court. In compliance with RCW 9.41.300 (1)(b) the
City of Tukwila Police Department has a secured storage location for a pistol while the owner is
visiting the restricted areas of the building. The security officer will assist the patron by contacting the
Police Department to arrange for the patron to temporarily store the pistol in the storage lockers.
4. The officer shall be responsible for calibration and general maintenance of security equipment in
accordance with manufacturer guidelines.
5. The officer shalt be knowledgeable of the laws and rules that govern the security of the court facilities
and bring attention to the Tukwila police any potential violations. The officer shall also be alert to any
disruptive and or unlawful behavior that may require police action.
66
Exhibit B
City of Tukwila and Securitas Security Services USA Inc. Contract for Services.
Service Location: Tukwila Municipal Court
6200 Southcenter Blvd
Tukwila WA 98188
Servicing Office Location: Securitas Security Services USA Inc.
3633 136t PL S E Suite 315
Bellevue WA 98006
Tel: (425) 653-1454 Fax: (425) 653-1568
Unarmed Security Officer, 40
Hour Per Week
The Unarmed Security Officer Rate Includes:
Time and Half on recognized Federal
Holidays
• All Federal, State and Local Taxes - Including the WA State B&O Tax.
• All Recruitment, background screening, drug testing and hiring costs.
• With the passing of the Affordability Care Act effective January 1 2015, Securitas USA
will meet all legal requirements per the new Federal Law to offer our Officers with the
best Healthcare plans available. All Officers assigned will be eligible to participate in
the Health Care Plan and the current proposal is inclusive of those rates
• Standard Securitas security officer dress
�
WA State Officer Introductory Training and Licensing.
• Daily paperwork regarding activities and incidents will be provided as needed.
• All Securitas supervision, management support and operational support.
• Branch Manager available 24/7 to discuss security needs or other services
68
City of Tukwila
Finance and Safety Committee
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
November 18, 2014 — 5:30 p.m.; Hazelnut Conference Room
PRESENT
Councilmembers: Verna Seal, Chair; Kathy Hougardy, Allan Ekberg (Absent: Joe Duffie)
Staff: Peggy McCarthy, Trish Kinlow, Stephanie Brown, Joyce Trantina, Mike Cusick,
Mike Villa, Jon Harrison, Gail Labanara, Derek Speck, Laurel Humphrey
CALL TO ORDER: Committee Chair Seal called the meeting to order at 5:30 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Interlocal Agreement: Probation Services
Staff is seeking Council approval to enter into an interlocal agreement to provide probation and
jail alternative services to the City of SeaTac. An existing interlocal agreement has been in place
since 2012 and both Cities desire to continue. Total revenue for 2015-2016 is estimated to be
around $100,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 1, 2014
REGULAR CONSENT AGENDA.
B. Contract: Security Services for Tukwila Municipal Court
Staff is seeking Council approval of a contract with Securitas Security Serves USA, Inc. for the
continued provision of security services for the Tukwila Municipal Court for a term through
December 31, 2016. There are no additional expenses and the total amount to be paid shall
not exceed $80,020. Securitas has provided security to the Court since June 2006. Exhibit A,
Scope of Services, Item 3 will be amended to explain that Court patrons are allowed temporary
firearm storage in the Police Department area, which is in accordance with State law.
UNANIMOUS APPROVAL AS AMENDED. FORWARD TO DECEMBER 1, 2014 REGULAR
CONSENT AGENDA.
C. Contract: Urban Renewal Demolition Project
Staff is seeking Council approval of a consultant agreement with PBS Engineering &
Environmental for engineering services for demolition of the Great Bear, Boulevard, Spruce and
Traveler's Choice Motels. The City currently owns the Great Bear, Boulevard, and Traveler's
Choice, and anticipates completing negotiations with the owners of the Spruce to assume
ownership in early 2015. Until the properties are sold to a developer or an alternative use is
determined, Administration recommends demolition for purposes of safety and aesthetics. The
City requires engineering assistance prior to embarking on a public bid process to determine
the demolition contractor. Eight firms were evaluated from the MRSC roster and PBS
Engineering & Environmental, Inc. was selected as most qualified. The cost estimate for the
services is $149,018.60 and funding is available from the Urban Renewal/TIB Redevelopment
project. Payments toward the total will be submitted as tasks are completed. Options relating
to fencing or lack of fencing will be determined as a result of the analysis in this scope of work.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 24, 2014 COMMITTEE OF THE
WHOLE.
69
70
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mapr:■. review
Council review
12/01/14
BG
a,
CATia;()Ry I Discussion
Altg Date
WI,
Motion
Date 12/01/14
n Resolution
A itg Date
[ Ordinance
Altg Dale
MI Bid
zintard
—I Public Hearing
illi:g Date
r Other
Mtg Date
Mtg
A Itg Date
Si' ( )NS( R Council Mayor n I IR U DCD U Finance 1 ire n IT P&R Police VI RV
SP ONS0W S The Facility Relocation Agreement with Puget Sound Energy (PSE) allowed PSE to relocate
SUNIMARY utilities that were in conflict with the TUC Transit Center Project's improvements. Of the
three parts of the contracts, all were over the estimate and required change orders. The
total of the final Change Order No. 3 is $147,451.00 and Tukwila's responsibility is
$119,435.31. Council is being asked to approve Change Order No. 3 for the Facility
Relocation Agreement with Puget Sound Energy in the amount of $119,435.31.
ITEM INFORMATION
ITEM No.
5.H.
71
STAFF SPONS0R: BOB GIBERSON
ORIGINAL AGIN1),\DATN: 12/01/14
AG EN DA IMM 1T11,E Tukwila Urban Center - Transit Center and Andover
Puget Sound Energy's Facility Relocation Agreement's
Park
Change
West Project
Order No.
3
CATia;()Ry I Discussion
Altg Date
WI,
Motion
Date 12/01/14
n Resolution
A itg Date
[ Ordinance
Altg Dale
MI Bid
zintard
—I Public Hearing
illi:g Date
r Other
Mtg Date
Mtg
A Itg Date
Si' ( )NS( R Council Mayor n I IR U DCD U Finance 1 ire n IT P&R Police VI RV
SP ONS0W S The Facility Relocation Agreement with Puget Sound Energy (PSE) allowed PSE to relocate
SUNIMARY utilities that were in conflict with the TUC Transit Center Project's improvements. Of the
three parts of the contracts, all were over the estimate and required change orders. The
total of the final Change Order No. 3 is $147,451.00 and Tukwila's responsibility is
$119,435.31. Council is being asked to approve Change Order No. 3 for the Facility
Relocation Agreement with Puget Sound Energy in the amount of $119,435.31.
Riwikwi;11) BY n COW Mtg.
El Utilities Cmte
DATE: 11/24/14
U
CA&P Cmte
I F&S Cmte Z Transportation Cmte
[ Parks Comm. [ Planning Comm.
COMMITITE CE-IAIR: ALLAN EKBERG
[1] Arts Comm.
RECOMMENDATIONS:
SPoNsoR/ADmiN.
C()NIMITTEI
Public Works Department
Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
ExpENDITuRE RF:QUIRF11) AMOUNT BUDGETED APPROPRIATION REQUIRED
$119,435.31 $905,626.00 $0.00
Fund Source: 104 ARTERIAL STREETS (PAGE 16 & 17, 2015 CIP)
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/01/14
MTG. DATE
ATTACHMENTS
12/01/14
Informational Memorandum dated 11/21/14
Change Order No. 3
Minutes from the Transportation Committee meeting of 11/24/14
71
72
TO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Bob Giberson, Public Works Director
BY: Peter Lau, Senior Program Manager
DATE: November 21, 2014
SUBJECT: Tukwila Urban Center — Transit Center and Andover Park West Widening
Puget Sound Energy — Facility Relocation Agreement, Contract No. 13-121
Change Order No. 3
ISSUE
Approve Change Order No. 3 for the Utility Relocation Agreement between the City and Puget
Sound Energy (PSE).
BACKGROUND
On July 2, 2013, a Facility Relocation Agreement was executed between PSE and the City. This
agreement defined the roles and financial responsibilities for the relocation of two underground
vaults and two above-ground switches related to the Transit Center and Andover Park West
Widening construction project. The two underground vaults straddled the right-of-way (ROW)
line along the Southcenter Mall frontage; therefore, relocation costs to move the vaults out of
the ROW are shared by PSE and Tukwila. The two switches are on Westfield Southcenter Mall
property and are 100% the financial responsibility of the City.
A cost estimate of $738,400.00 was included as part of this Facility Relocation Agreement. One
underground vault (V10) and the two switches were then relocated by PSE in 2013. Change
Order Nos. 1 and 2 were generated as a result of the extra work to relocate V10 and the two
switches respectively. The two Change Orders were approved by City Council on February 18,
2014 for $75,914.80, bringing the total City responsibility to $814,314.80.
DISCUSSION
PSE has completed relocating the final remaining underground vault (V12) at the west Transit
Center bus pull-out lane. The relocation cost has exceeded the original cost estimate due to the
following:
• The dewatering cost for vault relocation was significantly higher than the cost included in
the original cost estimate.
• PSE's wire crew had to reroute unknown service cables in vault V12. These unknown
service cables were not documented in PSE's own record drawing; and the cable
rerouting cost was not anticipated in the original cost estimate.
• PSE's work crew had to extend their vault relocation work from two weeks (as estimated)
to four weeks due to limited access space as the City's contractor was simultaneously
constructing the walls at the west Transit Center.
• Extended traffic control and unanticipated pedestrian safety measure costs for the
additional two weeks.
• PSE was required to replace an existing utility vault lid with a new anti-skid lid and some
PSE manhole lids were also readjusted from existing locations to meet ADA requirements.
W:\PW Eng\ PROJECTS \A- RW & RS Projectaransit Center (90610402) lConstructiorPX.100 - Contract Documents \020 Special Project Agreements & Permits \ (005) - Franchise Utility Agreements\ Info Memo for
PSE's CO #3, 11-21-14 - sb.docx
73
74
INFORMATIONAL MEMO
Page 2
• The PSE vault relocation work was adjacent to the southbound travel lanes, resulting in
the need for additional shoring and steel plates to prevent subgrade sloughing to the
adjacent travel lanes.
• The original cost estimate in the Facility Relocation Agreement was based on the vault
being located within a landscaped area. It was discovered during construction that the
vault was partially under the roadway, necessitating the installation of a traffic bearing lid
at additional cost. The bus pull-out was extended to avoid having the vault located directly
under the curb and gutter. This re-design altered the grades for the vault, causing it to be
installed deeper than originally proposed. The installation costs were increased due to
additional subgrade excavation and other physical conflicts.
• The original cost estimate in the Facility Relocation Agreement was based on 2012 PSE
labor rates. The labor costs were increased since the actual work took place in 2014.
FISCAL IMPACT
The total amount of the cost increase to relocate Vault V12 was $147,451.00, in which PSE is
responsible for 19% or $28,015.69 and the City is responsible for 81% or $119,435.31. The
Transit Center Project construction contingency of $905,626.00 will be used to pay for PSE
Change Order No. 3. As of today, nine change orders for $84,887.92 were executed for the
Transit Center Project and there is a remaining $820,738.08 in construction contingency that is
adequate to pay for PSE Change Order No. 3.
RECOMMENDATION
Council is being asked to approve PSE Change Order No. 3 in the amount of $119,435.31 to
Contract No. 13-121 for the Tukwila Urban Center Transit Center Utility Relocation, and
consider this item on the Consent Agenda at the December 1, 2014 Regular Meeting.
Attachment: Change Order No. 3
WAPW Eng \ PROJECTS \A• RW & RS Projectaransit Center (90610402)\Construction \#.100 Contract Documents1020 - Special Project Agreements & Permits \ (005) • Franchise Utility Agreements \ Into Memo for
PSE's CO #3, 11-21.14 - sb.docx
PUGET SOUND ENERGY
To: City of Tukwila
Attn: Cyndy Knighton
Project: TUKWIL.A - Andover Park W P.I
Description of work:
CHANGE ORDER V12
Date: 912/2014
Project Number: 101080841
Project Manager: GRENNER
This change order is for the costs in excess of the original estimate provided in "Exhibit C" of the
relocation agreement between the City of Tukwila and Puget Sound Energy. These excess costs
associated with this portion of the work are detailed on the attached explaination of costs.
Item
Amount Comments
Estimate
Materials $ 63,346
Construction $ 131,578
Engineering & Management $ 14,620
Right of Way $ -
Overhead $ 37,718
Estimate Total $ 247,261
Actual
Materials $ 93,527
Construction $ 233,027
Engineering & Management $ 22,748
Right of Way $
Overhead $ 45,409
Actual Total $ 394,712
Change Order Total $ 147,451
Allocation of Change Order Total
Company 19%
Government Entity 81%
Chan •e Order Total
$ 28,016
$ 119,435
147451
Note: This change order will be effective only when signed by both parties:
Puget Sound tergy
Signed:
Title: MtJ+J � ci /f.4 1 .'e I 0 4.4 Ak-612..-
Date: t \ it/ 3 4
1591 7-04
(Please sign and return one copy)
City of Tukwila
Signed:
Title:
Date:
PUGET SOUND ENERGY
Puget Sound Energy PO box 90868 Bellevue, WA 98009 -0868 a subsidiary of PUGET ENERGY
75
CHANGE ORDER V12
EXPLANATION OF COSTS
*ALL COSTS INCLUDE ENGINEERING /MANAGEMENT, EQUIPMENT, SALES TAX, AND OVERHEADS*
1) Dewatering of vaults.
Additional costs: $7,000
Original estimate did not include dewatering of vaults due to...
1. Unknown amount of water
2. Unknown schedule for work months (weather)
2) Traffic control and pedestrian safety.
Additional costs: $8,532 (11 crew days)
A) Original estimate addressed 2 weeks of work. Work was over a 4 week period.
B) City and PSE granted extra flaggers for pedestrian safety and increased foot traffic during
heavy periods.
3) Wire crew performing rerouting of unknown service cables out of existing vault V12 that were
undocumented and unreferenced on the original estimate.
Additional costs: $9,203 (one crew day)
Original estimate did not include the wire work to remove and relocate street light wire and
secondary service cables.
4) Additional time for civil crew caused by lack of access to our vault due to the City's contractor
performing their work in the immediate area (limiting our access to one side and doubling
time on site).
Additional costs: $33,186 (11 crew days)
A) Original estimate was an estimated 2 weeks of work. Actual work took 4 weeks.
B) Original estimate was based on the City and contractor removing the Firestone canopy to
allow for work to be done on the vault with complete access.
C) City's contractor removed canopy and immediately began work on the transit center site.
Limiting our access to the vault.
5) Additional work per the request of the City to aid in the construction of the transit center.
Additional costs: $15,613 (2 crew days)
A) Replace lid at J01 with new anti -skid lid
B) Adjust location of manhole covers to address the alignment with the City's curb and gutter
6) Shoring and steel plates
Additional costs: $12,160
A) Original estimate was an estimated 2 weeks of work. Actual work took 4.
76
B) Due to the location of the vault additional shoring was required to avoid undermining the
road during wet weather.
7) Materials
Additional costs: $30181
Original estimate was based off of the best information at the time. Actual materials used
differed.
8) Planned to actual differential
Additional costs: $31,576
Original estimate was based off of the best information at the time (Footages). Actuals
differed.
9) Labor rate increase
Original estimate was based off of 2012 labor rates. Actual work was based off of 2014
rates.
77
78
Transportation Committee Minutes November 24, 2074 - Page 2
South 160th Street and 42nd Avenue South, which is entirely within SeaTac city limits. The Southern
corners of the intersection will remain as is because SeaTac does not currently have plans or budget
to make similar improvements in that section. Staff confirms that previous conversations have been
held with SeaTac but agreed to approach the Public Works Director again to see if an agreement
can be made. Additional research into options will be presented to Committee at a later date.
INFORMATION ONLY.
D. Tukwila Urban Center - Transit Center and Andover Park West Widening - PSE Facility
Relocation Agreement Change Order No. 3
Staff is requesting Council approval of Change Order No. 3 in the amount of $119,435.31 to Contract
No. 13 -121 for the Facility Relocation Agreement between the City and Puget Sound Energy. This
agreement, executed on July 2, 2013, defined the roles and financial responsibilities for the
relocation of two underground vaults and two - above - ground switches relating to the Transit Center
and Andover Park West Widening project. Relocation costs for the vaults are shared by PSE and
Tukwila and costs for the switches are the responsibility of the City. The original agreement included
a cost estimate of $738,400.00, but two change orders approved in 2014 raised the City's cost to
$814,314.80. PSE has completed relocation of the remaining vault and the cost has exceeded the
original estimate due to several factors outlined in the informational memo. The total cost increase
to relocate the final fault was $147,451.00, in which PSE is responsible for 19% and the City
responsible for 81% equaling $119,435.31. Funds are available from the Transit Center Project
construction contingency. MAJORITY APPROVAL. FORWARD TO DECEMBER 1, 2014
REGULAR CONSENT AGENDA.
III. SCATBd
Staff shared highlights from the October and November meetings.
IV. MISCELLANEOUS
Staff reported that the Transportation Improvement Board grant application for the 53rd Avenue South
was unsuccessful. Per previous Council direction, a revised CIP sheet will be brought to Committee
on December 8 that shows City funding for the design phase. Self- funding and completing the design
will likely make the project more competitive to further construction grants.
Councilmember Kruller mentioned a letter that was submitted by the Vietnamese Martyrs Parish
expressing concern to the Mayor and Council about the possibility of property impacts as a result of
the Green River System -Wide Improvement Framework efforts. Staff reported that the advisory group
plans to issue a majority opinion in favor of not realigning the river, which would not impact the Parish
property, and that this information has already been shared with Parish leadership.
Meeting adjourned at 6:45 p.m.
Next meeting: Monday, December 8, 2014 - 5:15 p.m. - Foster Conference Room
Committee Chair Approval
Minutes by LM, Reviewed by GL
79
80
COUNCIL AGENDA SYNOPSIS
At eel! n,g Date
Prepared by
Mayor's reel
Council review
CC---
LM
11/24/14
TG
12/01/14
TG
i,:V4141 c
13i d A wird
illt Date
Pub/it F[earing
Afi:g Date
II
Mtg Date
C,vri:(oRy 16,11 Discussion
6 I Resolution
tiltgDate
MA Date 12/1/14
SP ONSOR Counci/ Mayor HR [ DCD Finance Fire IT 1 Pe..'zR Ponce [1 P117
ITEM INFORMATION
ITEM NO.
6.A.
81
SlAi1 SPoNs( )rt: TRACY GALLAWAY
ORIGINAL A ;F,NDA DATH: /24/14
\ ';ENDA trim T ' •
E Teens for Tukwila
Charter & Resolution
11/24/14
_ .
Motion
MtgDate
_ Ordinance
NN Date
13i d A wird
illt Date
Pub/it F[earing
Afi:g Date
II
Mtg Date
C,vri:(oRy 16,11 Discussion
6 I Resolution
tiltgDate
MA Date 12/1/14
SP ONSOR Counci/ Mayor HR [ DCD Finance Fire IT 1 Pe..'zR Ponce [1 P117
. SPONSOR'S A resolution establishing a partnership between the Tukwila City Council and the Teens for
Si INIMARY Tukwila.
't.kvi ,: ,; ID COW Mtg. Z CA&P Cmte F&S Cmte Transportation Cmte
I I Utilities Cmte E Arts Comm. Parks Comm. — Planning Comm.
DATE: 11/12/14 COMMITTEE CHAIR: DUFFIE
RECOMMENDATIONS:
spoNsoR/AomIN.
CONINIrlThi'l
Parks & Recreation
Unanimous Approval; Forward to Committee of he Whole
COST IMPACT / FUND SOURCE
ExpkNDFruw RlIQHRI D AMOUNT BUDGETED APPROP RIATION REQUIRED
hind Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/5/14
Resolution approving the Charter of Teens for Tukwila
Teens for Tukwila Charter
Minutes from the Community Affairs and Parks Committee meeting of 11/12/14
12/1/14
Final resolution
81
82
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AFFIRMING ITS
COMMITMENT TO YOUTH ENGAGEMENT AND
APPROVING THE TEENS FOR TUKWILA CHARTER.
WHEREAS, young people are valued members of the community and have much
to offer as valuable participants in the work of local government; and
WHEREAS, youth engagement is supported by the City of Tukwila's Strategic Plan,
Goal 2, "A Solid Foundation for all Tukwila Residents;" and
WHEREAS, City leaders desire to foster meaningful opportunities for youth to make
a difference in those areas that are important to them; and
WHEREAS, Tukwila's youth are uniquely positioned to offer valuable insight into
the creation of youth-friendly City processes and culture; and
WHEREAS, Teens for Tukwila is an established and effective youth leadership
development group that provides its members with opportunities for learning, advocacy
and public service; and
WHEREAS, the City Council desires to establish a partnership with Teens for
Tukwila that is founded upon mutual respect and a shared commitment to community
service;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The City Council is dedicated to fostering civic engagement and youth leadership in
Tukwila and approves the Teens for Tukwila Charter as a framework for effective
collaboration.
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Page 1 of 2
83
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment: Teens for Tukwila — City Council Charter, October 2014
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84
Page 2 of 2
TU IL A
PARKS & RECREATION
GOOD nsAoxvruw
Teens for Tukwila
City Council Charter
October 2014
Teens for Tukwila is made up of Tukwila residents and high school student established through the
Tukwila Parks and Recreation Department.
Teens for Tukwila's mission is to strengthen our community.
Teens for Tukwila shall:
I. Meet annually with Washington State elected officials at Youth Action Day.
2. Annually give a Year in Review presentation to the City of Tukwila City Council.
3. Participate in community, private, and global projects and partnerships.
4. Perform functions as may be required from partnerships. I.e. World Vision—Youth Em-
powerment Program, Imagine Scholars, and future partners.
5. Be open to Tukwila teens (High School age) who have a passion for their community.
6. Consist of equally ranked members.
7. Determine the content, time, and place of its meetings.
8. Report to the City Council bi-monthly (during the school year) on its activities and recom-
mendations via email and/or in person.
9. Review and change this charter when needed.
10. Bring the concerns of the community to the City Council's attention.
11. Teens for Tukwila would like the City Council to create trainings and/or workshops for the
group to attend in order to gain knowledge of the role of City Council.
12. Have a trial period, during the 2014-2015 school year, before a decision is made to partner
with the City Council long term.
13. Remain known as Teens for Tukwila and represent itself, and make decisions regarding the
group.
14. Work hand-in-hand with the City Council in service to the community.
Tukwila Community Center 12424 - 42nd Ave. S. Tukwila, WA 206'768-2TCC www.tukwilawa.gov
86
COUNCIL AGKNDA SYNOPSIS
Meet*, D al e
P re p a red 1?),
Alat,or's review
Council review
11/24/14
MD
7)' ?7-1.
cxr1,;(;( )1tY W aluission
12/01/14
MD
— Resolution
.111, 1)ale
Ordinance
liid Award
Ali Dale
1,11 Public I lei/up
Other
Alp Dale
,■N l) ate
.111",[; Dale 12/1/14
Alp Owe 11/24/14
SI)( ) NS( )R Counci/ A layor I IR
I 'inance lin, /7 P PAR P Pobce P11
ITEM INFORMATION
ITEM NO.
6.B.
87
STAI,'F'SP()NSolt: JACK PACE
ORIGINAL Acd;Ni),\ D.VIE: 11/24/14
,\GENDA LH ,I\ 'fITEE An Ordinance and Development Agreement
Park East.
for the proposed
hotel at 90
Andover
cxr1,;(;( )1tY W aluission
11/24/14
I I morion
;11/:1; Owe
— Resolution
.111, 1)ale
Ordinance
liid Award
Ali Dale
1,11 Public I lei/up
Other
Alp Dale
,■N l) ate
.111",[; Dale 12/1/14
Alp Owe 11/24/14
SI)( ) NS( )R Counci/ A layor I IR
I 'inance lin, /7 P PAR P Pobce P11
■Al r)CI)
Si'()NS()R'S Approval of an Ordinance and Development Agreement for the proposed hotel
SUMMARY development at 90 Andover Park East that would allow the shared use of parking in the
right-of-way of Christensen Road in exchange for the construction of a public pocket park.
The Council is being asked to hold a public hearing and consider the draft ordinance and
the associated development agreement.
mr,\VNI) BY Cow mtg. Z CA&P Cmte 1---&S Cmte Transportation Cmte
_
Utilities Cmte Arts Comm. Parks Comm. I— Planning Comm.
DATF: 11/12/14 commiTTHE CALM: JOE DUFFIE
RECOMMENDATIONS:
SPONSOR/ADMIN.
(:( )NENTITrim
Department of Community Development
Unanimous Approval; Forward to Committee of he Whole
COST IMPACT / FUND SOURCE
Fxi,KNDITLIRk 1<1 ';(7l1IRUD AMOUNT BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
C'ernments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/04/14
Vicinity Map
Ordinance in Draft Form
Development Agreement with Exhibits 1, 2, 3
Map showing riverbank in the vicinity of the site
Minutes from the Community Affairs and Parks Committee meeting of 11/ 2/14
12/1/14
Final Ordinance with attachments
87
88
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING
THE DEVELOPMENT AGREEMENT WITH TUKWILA TSD,
LLC, FOR THE SHARED USE OF PARKING IN THE PUBLIC
RIGHT -OF -WAY OF CHRISTENSEN ROAD AND THE
DEVELOPMENT OF A PUBLIC POCKET PARK AT THE
NORTH END OF CHRISTENSEN ROAD, AS IT RELATES TO
THE PLANNED DEVELOPMENT OF A HOTEL LOCATED AT
90 ANDOVER PARK EAST; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development, use and mitigation of real properties; and
WHEREAS, Tukwila TSD, LLC, desires to build a new five -story hotel at 90
Andover Park East with over 90 guest rooms; and
WHEREAS, Tukwila TSD, LLC, proposes non - exclusive use of parking and drive
aisle area in the right -of -way of Christensen Road to meet the parking requirements for
the proposed hotel at 90 Andover Park East; and
WHEREAS, Tukwila TSD, LLC, also proposes to develop and maintain a pocket
park within the cul -de -sac area of Christensen Road; and
WHEREAS, the City of Tukwila and Tukwila TSD, LLC, wish to enter into a
Development Agreement for the shared use of parking in the public right -of -way of
Christensen Road and the development of a public pocket park at the north end of
Christensen Road, as it relates to the planned development of a hotel located at 90
Andover Park East, a copy of which is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a
public hearing was conducted on the 24th day of November 2014 to take public
testimony regarding this Development Agreement, as proposed; and
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89
WHEREAS, the City Council finds that the terms of this Development Agreement
are necessary to achieve public benefits, to respond to changing community needs and
to encourage modifications that adequately achieve the purposes of otherwise
applicable City standards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement. The Development Agreement by and
between the City of Tukwila and Tukwila TSD, LLC, for the use of shared parking in the
public right-of-way of Christensen Road and the development of a public pocket park at
the north end of Christensen Road, as it relates to the planned development of a hotel
located at 90 Andover Park East, a copy of which is attached hereto as Exhibit A, is
hereby approved, and the Mayor is authorized and directed to execute said
Development Agreement on behalf of the City of Tukwila.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy °Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Exhibit A — Development Agreement
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 2 of 2
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA
AND TUKWILA TSD LLC, FOR THE SHARED USE OF PARKING IN THE RIGHT OF
WAY OF CHRISTENSEN ROAD AND THE
DEVELOPMENT OF A PUBLIC POCKET PARK AT THE NORTH END OF
CHRISTENSEN ROAD, AS IT RELATES TO THE PLANNED DEVELOPMENT OF A
HOTEL LOCATED AT 90 ANDOVER PARK EAST
I. PREAMBLE
THIS DEVELOPMENT AGREEMENT is made and entered into this day of
, 2014, by and between the City of Tukwila, a noncharter, optional code
Washington municipal corporation, hereinafter the "City," and Tukwila TSD LLC, a (corporation,
limited partnership, partnership, etc.) organized under the laws of the State of Washington,
hereinafter the "Developer."
II. RECITALS
WHEREAS, the Developer desires to develop a new five -story hotel at 90 Andover Park East
with over 90 guest rooms; and
WHEREAS, one parking space per guest room is required for lodging uses in the Tukwila
Urban Center Transit Oriented Development District; and
WHEREAS, the Developer has submitted a site plan showing the required number of parking
stalls for the hotel cannot be accommodated as surface parking on the project site; and
WHEREAS, the Developer proposes non - exclusive use of parking and drive aisle area in the
right -of -way of Christensen Rd. to meet the parking requirements for the proposed hotel at 90
Andover Park East; and
WHEREAS, the City of Tukwila is the owner of the Christensen Rd. right -of -way, which
includes undeveloped area adjacent to the project's eastern property line, paved street, parking, and
cul -de -sac areas; and
WHEREAS, the parking area in the right -of -way of Christensen Rd. is currently used by
members of the public for access to the Green River Trail, shoreline, and parks areas; and
WHEREAS, hotel parking spaces are expected to be used primarily in the evening and
nighttime hours; parking spaces for trail, shoreline, and parks access are expected to be used during
daylight hours; and
WHEREAS, the Developer proposes to develop and maintain a public pocket park within the
cul -de -sac area as outlined in Exhibit B in exchange for use of the other right -of -way areas on the
east side of the project site for parking; and
1
91
WHEREAS, the Developer proposes to add parking spaces within the undeveloped right -of-
way area adjacent to the hotel site and to reconfigure existing spaces to increase the number of
parking spaces that would be shared for hotel use and the public for access to the Green River Trail;
and
WHEREAS, all parking spaces within the right -of -way area will be shared and at least four
spaces will be designated for non -hotel users to ensure access to the Green River Trail for members
of the public; and
WHEREAS, the Developer proposes to maintain the parking area within the right -of -way as
outlined in Exhibit B for the length of this agreement; and
WHEREAS, the vision for parking areas within the Transit Oriented Development (TOD)
Neighborhood in the Southcenter Subarea Plan is that "parking will be accommodated by a
combination of off- and on- street parking spaces /lots" and shared parking facilities. "Such facilities
can be shared between public and private uses" (p. 19); and
WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan includes policy
12.2.1 to "Recognize, protect and enhance the open space network by augmenting existing parks,
enhancing access to passive and active recreation areas such as Tukwila Pond, Minkler Pond and the
Green River.... "; and
WHEREAS, the Developer proposes to construct a pedestrian connection between the
intersection of Andover Park East and Tukwila Parkway to the pocket park and Green River Trail;
and
WHEREAS, implementation strategies for policy 10.2.1 of the Tukwila Comprehensive Plan
include "Look for opportunities for pocket park development" and "Seek opportunities for
public /private partnerships; and
WHEREAS, a through -way from Andover Park East to Christensen Rd will be constructed as
part of the project to replace the emergency vehicle maneuvering function of the cul -de -sac; and
WHEREAS, the pocket park will be a City of Tukwila park that will provide mutual benefits
to hotel guests and the public; and
WHEREAS, uses that provide public access and public recreation are prioritized in the Urban
Conservancy Environment in the Shoreline Element of the Tukwila Comprehensive Plan and the
proposed development furthers this goal; and
WHEREAS, the Washington State Legislature has authorized the execution of a development
agreement between a local government and a person having ownership or control of real property
within its jurisdiction (RCW 36.70B.170(1)); and
2
92
WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW 36.70B.170(1));
and
WHEREAS, for the purposes of this development agreement, "development standards"
includes, but is not limited to, all of the standards listed in RCW 36.70B.170(3); and
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by a local government planning under chapter 36.70A RCW (RCW
36.70B.170(1)); and
WHEREAS, TMC Section 18.86.030 explicitly allows for flexibility in development
standards applicable to a property developed under a development agreement "to achieve public
benefits, respond to changing community needs, or encourage modifications which provide the
functional equivalent or adequately achieve the purposes of otherwise applicable City standards "; and
WHEREAS, this Development Agreement by and between the City of Tukwila and the
Developer (hereinafter the "Development Agreement "), relates to the development known as the 90
Andover Park East Hotel and Pocket Park, which is located at: 90 Andover Park East (hereinafter the
"Subject Property "); and
WHEREAS, a development agreement must be approved by ordinance or resolution after a
public hearing (RCW 36.70B.200); and
WHEREAS, a public hearing for this Development Agreement was held on November 24,
2014, and the City council approved this Development Agreement by Ordinance on
; and
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties
hereto agree as follows:
III. AGREEMENT
Section 1. The Project. The Project is the development and use of the Subject Property,
consisting of 0.39 acres (approximately17,000 square feet) in the City of Tukwila located at 90
Andover Park East and a portion of Christensen Road right -of -way for a ninety -two (92) room five
(5) story hotel, a Pocket Park, and forty -five (45) shared parking spaces on Christensen Road right -
of -way, as shown on Exhibit B.
Section 2. The Subject Property. The Subject Property and right -of -way are legally
described in Exhibit A, attached hereto and incorporated herein by this reference.
3
93
Section 3. Definitions. As used in this Development Agreement, the following terms,
phrases and words shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Development
Agreement, as required by RCW 36.70B.200.
b) "Council" means the duly elected legislative body governing the City of Tukwila.
c) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City.
d) "Director" means the City's Community Development Director.
e) "Effective Date" means the effective date of the Adopting Ordinance.
f) "Existing Land Use Regulations" means the ordinances adopted by the City Council of
Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted
uses of land, the density and intensity of use, and the design, improvement, construction standards
and specifications applicable to the development of the Subject Property, including, but not limited to
the Comprehensive Plan, the City's Official Zoning Map and development standards, the Design
Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other ordinances,
codes, rules and regulations of the City establishing subdivision standards, park regulations, building
standards. "Existing Land Use Regulation" does not include non -land use regulations, which
includes taxes and impact fees.
g) "Landowner" is the party who has acquired any portion of the Subject Property from the
Developer who, unless otherwise released as provided in this Agreement, shall be subject to the
applicable provisions of this Agreement. The "Developer" is identified in Section 5 of this
Agreement.
h) "Project" means the anticipated development of the Subject Property, as specified in
Section 1 and as provided for in all associated permits /approvals, and all incorporated exhibits.
i) "Vesting date" means the date a valid and fully complete building permit application for
the hotel is submitted to the City of Tukwila.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit 1 - legal description of the Subject Property and the right -of -way.
b) Exhibit 2 - Conceptual Site Plan
c) Exhibit 3 - Conceptual Site Plan of the Pocket Park including a list of park amenities;
construction and maintenance cost estimates for the Pocket Park and parking area; and
land value estimate for the parking and drive -aisle area of Christensen Road right -of -way.
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Section 5. Parties to Development Agreement. The parties to this Agreement are:
a) The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188.
b) The "Developer" or Owner is a private enterprise which owns the Subject Property in fee,
and whose principal office is located at 21109 66th Avenue South, Kent, WA 98032.
c) The "Landowner." From time to time, as provided in this Agreement, the Developer may
sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless
otherwise released, shall be subject to the applicable provisions of this Agreement related to such
portion of the Subject Property.
Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project
is a private development and that the City has no interest therein except as explicitly outlined in this
Agreement and as authorized in the exercise of its governmental functions.
Section 7. Effective Date and Term. This Agreement shall commence upon the effective
date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of
50 years, with the option to extend the Agreement an additional 30 years, unless extended or
terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner
terminated, this Agreement shall have no force and effect, subject however, to post - termination
obligations of the Developer or Landowner.
Section 8. Terms.
A. Design
• The Project at 90 Andover Park East shall be allowed non - exclusive use rights for the parking
spaces and drive aisle area of Christensen Rd (as depicted in Exhibit B) to meet minimum
parking requirements for the development. This Agreement shall not preclude the City from
entering into additional agreements regarding use of this area by other private parties. The
Project will be subject to the development regulations in effect at the time of complete permit
application submittals.
• The site plan attached as Exhibit B is included with this Agreement for reference only, and
has not yet been approved as of the date of execution of this Agreement. The site plan shall
be subject to modifications during review of the required land use permits.
• As a result of the cul -de -sac closure for use as the pocket park, public access through 90
Andover Park East is hereby allowed and provided for.
• The Developer shall construct a pedestrian connection between the intersection of Andover
Park East and Tukwila Parkway to the proposed pocket park and the Green River Trail.
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• All shared parking stalls will be constructed and maintained to Public Works Infrastructure
Design and Construction Standards.
• The detailed park design meeting the requirements for approval shall be approved by the
Director of the City of Tukwila Parks and Recreation Department as part of the building
permit approval process. The Conceptual Plan (Exhibit C) shall be revised to address the
following items:
a) Specific locations of the trash receptacles and the three outdoor exercise pieces shall be
noted.
b) A short pathway connecting the trails /walkways shall be included.
c) Specifications and details of the monument wall and the outdoor exercise equipment shall
be preapproved by the Parks Department.
• The Developer shall be responsible for making a payment of $10,000 for the
Green/Duwamish River restoration/planting projects or to implement the goals and policies of
the City's Comprehensive Plan related to Urban Forestry. This payment shall be made prior to
the issuance of the building permit for the hotel.
B. Construction
• The cost of permits and plans required for construction of the park and parking area shall be
borne by the Developer and submitted as part of the permits for the hotel. The pocket park
must receive final approval by all required City departments prior to issuance of the
Certificate of Occupancy for the hotel.
• The Developer is responsible to provide any electrical service that may be necessary for the
pocket park.
C. Maintenance
• The pocket park and the parking area shall be subject to inspections every five years.
• Developer is solely responsible for the cost and maintenance of the pocket park and the
parking spaces. New striping of the parking spaces shall be completed every three years.
• A detailed maintenance plan for the pocket park must be submitted and preapproved by the
Parks and Recreation Department before acceptance.
D. Operations
• A total of 92 parking spaces are required for the 92 -room hotel as proposed. The site plan in
Exhibit B includes 98 parking spaces. All parking spaces within the right -of -way of
Christensen Road shall be for the joint use of the hotel users and members of the public and at
least four spaces shall be designated for non -hotel users to ensure access to the Green River
Trail for members of the public.
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Section 9. Vested Rights. During the term of this Agreement, unless sooner terminated in
accordance with the terms hereof, in developing the Subject Property consistent with the Project
described herein, Developer is assured, and the City agrees, that the development rights, obligations,
terms and conditions specified in this Agreement, are fully vested in the Developer and may not be
changed or modified by the City, except as may be expressly permitted by, and in accordance with,
the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented
thereto by the Developer.
Section 10. Minor Modifications. Minor modifications from the approved permits or the
exhibits attached hereto may be approved in accordance with the provisions of the City' s code, and
shall not require an amendment to this Agreement.
Section 11. Further Discretionary Actions. Developer acknowledges that the Existing
Land Use Regulations contemplate the exercise of further discretionary powers by the City. These
powers include, but are not limited to, review of additional permit applications under SEPA. Nothing
in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally
required public hearings, or to limit the discretion of the City and any of its officers or officials in
complying with or applying Existing Land Use Regulations.
Section 12. Existing Land Use Fees and Impact Fees.
A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement
may be increased by the City from time to time, and are applicable to permits and approvals for the
Subject Property, as long as such fees apply to similar applications and projects in the City.
B. All impact fees shall be paid as set forth in the approved permit or approval, or as
addressed in Chapters 16.26 and 9.48 of the Tukwila Municipal Code.
IV. GENERAL PROVISIONS
Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be
binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement
without the written consent of the other Party, which consent shall not unreasonably be withheld.
This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and
assigns of the Developer and the City.
Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the
Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set
forth herein.
Section 3. Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the
application thereof to any person or circumstance, shall not affect the validity of the remainder of this
Agreement, or the validity of its application to other persons or circumstances.
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Section 4. Termination. This Agreement shall expire and /or terminate as provided below:
A. This Agreement shall expire and be of no further force and effect if the Developer fails to
submit a complete building permit application for the construction of the hotel within one year, or if
the Project construction is not completed within three years, of the effective date of this Agreement;
or if at any time after Project construction is completed, Developer fails to maintain the Pocket Park
and the parking areas according to the terms of this Agreement. Nothing in this Agreement shall
extend the expiration date of any permit or approval issued by the City for any development.
B. This Agreement shall expire and be of no further force and effect if the Developer does
not construct the Project as contemplated by the permits and approvals identified in this Agreement,
or submits applications for development of the Subject Property that are inconsistent with such
permits and approvals.
C. This Agreement shall terminate at such time as a change of use occurs at 90 Andover Park
East, or at such time as 90 Andover Park East is redeveloped.
D. This Agreement shall terminate in the event the Washington State Department of
Transportation (WSDOT) widens Interstate 405 in vicinity of the Subject Property, or should any
other project or condition arise that requires reconfiguration of Tukwila Parkway, the Project parking
area, and/or the Pocket Park.
E. This Agreement shall terminate upon the abandonment of the Project by the Developer.
The Developer shall be deemed to have abandoned the Project if /when written notice is provided to
the City that the Developer's interest in the Project has been terminated. Said notice shall be given to
the City no more than thirty (30) days after the Developer's interest in the Project is terminated.
F. This Agreement may terminate pursuant to Section IV.3, Severability, or Section IV.10,
Default, or as otherwise outlined in this Agreement.
G. If the use will continue upon expiration of the term of this Agreement, the Developer shall
either negotiate a new agreement with the City or provide documentation showing how the number of
parking spaces required by the codes at the time of expiration will be provided.
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Section 5. Effect upon Termination on Developer Obligations. Termination of this
Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of
the Developer's obligations to comply with the City Comprehensive Plan and the terms and
conditions or any applicable zoning code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreement to continue after the termination of this Agreement or obligations to pay
assessments, liens, fees or taxes.
Section 6. Effects upon Termination on City. Upon any termination of this Agreement as
to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of
development, limitations on fees and all other terms and conditions of this Agreement shall no longer
be vested hereby with respect to the property affected by such termination (provided that vesting of
such entitlements, conditions or fees may then be established for such property pursuant to then
existing planning and zoning laws).
Section 7. Specific Performance. The parties specifically agree that damages are not an
adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific
performance of all material terms of this Agreement by any party in default hereof.
Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Washington. Venue for any action shall lie in King County
Superior Court or the U.S. District Court for Western Washington.
Section 9. Attorneys' Fees. In the event of any litigation or dispute resolution process
between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to
any award of attorneys' fees.
Section 10. Notice of Default/Opportunity to Cure/Dispute Resolution.
A. In the event a Party, acting in good faith, believes the other Party has violated the terms of this
Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged
violation by sending a detailed written statement of the alleged breach. The alleged offending Party
shall have thirty (30) days from receipt of written notice in which to cure the alleged breach unless
the Parties agree, in writing, to additional time. This notice requirement is intended to facilitate a
resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of
an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any
dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be
filed until the latter of (a) the end of the cure period or (b) the conclusion of any dispute resolution
process.
B. After notice and expiration of the thirty (30) day period or other time period as agreed to by the
Parties, if such default has not been cured or is not being diligently cured in the manner set forth in
the notice, the other party or Landowner to this Agreement may, at its option, institute legal
proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce
the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for
violations of this Development Agreement and the Code.
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Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties
hereto only and is not intended to benefit any other person or entity, and no person or entity not a
signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under
this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and
provisions of this Agreement.
Section 12. Integration. This Agreement and its exhibits represent the entire agreement of
the parties with respect to the subject matter hereof. There are not other agreements, oral or written,
except as expressly set forth herein.
Section 13. Authority. The Parties each represent and warrant that they have full power and
actual authority to enter into this Agreement and to carry out all actions required of them by this
Agreement. All persons are executing this Agreement in their representative capacities and represent
and warrant that they have full power and authority to bind their respective organizations.
Section 14. Covenants Running with the Land. The conditions and covenants set forth in
this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and
burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every
purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be
obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary
thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof,
sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully
perform all of the duties and obligations of a Developer contained in this Agreement, as such duties
and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it.
Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This
Agreement may be amended by mutual consent of all of the parties, provided that any such
amendment shall follow the process established by law for the adoption of a development agreement
(see, RCW 36.70B.200). However, nothing in this Agreement shall prevent the City Council from
making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or
development regulations affecting the Subject Property as the City Council may deem necessary to
the extent required by a serious threat to public health and safety. Nothing in this Development
Agreement shall prevent the City Council from making any amendments of any type to the
Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the
Subject Property.
Section 16. Releases. Developer, and any subsequent Landowner, may free itself from
further obligations relating to the sold, assigned, or transferred property, provided that the buyer,
assignee or transferee expressly assumes the obligations under this Agreement as provided herein.
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100
Section 17. Notices. Notices, demands, correspondence to the City and Developer shall be
sufficiently given if dispatched by pre -paid first -class mail to the addresses of the parties as
designated in Section 5. Notice to the City shall be to the attention of both the Mayor's Office and
the City Attorney. Notices to subsequent Landowners shall be required to be given by the City only
for those Landowners who have given the City written notice of their address for such notice. The
parties hereto may, from time to time, advise the other of new addresses for such notices, demands or
correspondence.
Section 18. Reimbursement for Agreement Expenses of the City. Developer agrees to
reimburse the City for actual expenses incurred over and above fees paid by Developer as an
applicant incurred by City directly relating to this Agreement, including recording fees, publishing
fees and reasonable staff and consultant costs not otherwise included within application fees. This
Agreement shall not take effect until the fees provided for in this section, as well as any processing
fees owed to the City for the Project, are paid to the City. This Agreement shall be terminated if the
Developer does not pay to the City the fees provided for in this section. Upon payment of all
expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees
shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement
of charges to the Developer
Section 19. Police Power. Nothing in this Agreement shall be construed to diminish, restrict
or limit the police powers of the City granted by the Washington State Constitution or by general law.
Section 20. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by any person or entity other than a party or a Landowner to challenge this
Agreement or any provision herein, the City and Developer will collaborate to resolve such legal
action. In the event such legal action cannot be resolved, the City may elect to tender the defense of
such lawsuit or individual claims in the lawsuit to Developer and/or Landowner(s). In such event,
Developer and/or such Landowners shall hold the City harmless from and defend the City from all
costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit,
including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the
prevailing party or parties in such litigation. Neither the City nor the Developer and/or Landowner
shall settle any lawsuit without the consent of the other. The City and Developer/Landowner shall act
in good faith and shall not unreasonably withhold consent to settle.
Section 21. No Presumption Against Drafter. This Agreement has been reviewed and
revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed
against the party drafting the document shall apply to the interpretation or enforcement of this
Agreement.
Section 22. Headings. The headings in this Agreement are inserted for reference only and
shall not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
Section 23. Recording. Developer shall record an executed copy of this Agreement with the
King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the
Effective Date.
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Section 24. Legal Representation. In entering into this Agreement, Developer represents
that it has been advised to seek legal advice and counsel from its attorney concerning the legal
consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the
contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily
accepts the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be
executed as of the dates set forth below:
OWNER/DEVELOPER: CITY OF TUKWILA
By By
Its Managing Member Its Mayor
Tukwila TSD LLC
21109 66th Avenue South
Kent, WA 98032 ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 2014, before me personally
appeared , to me known to be the individual that
executed the within and foregoing instrument, and acknowledged the said instrument to be his/her
free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that
he /she is authorized to execute said instrument.
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Print name:
NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 2014, before me personally
appeared , and said person acknowledged that he /she
signed this instrument, on oath stated that he /she was authorized to execute the instrument, and
acknowledged as the of the City of Tukwila to be the free and voluntary
act of said party for the uses and purposes mentioned in this instrument.
Print name:
NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
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103
EXHIBIT 1
NOVEMBER 18, 2014
PROJECT NO. 06007
EXHIBIT 1 -A
LEGAL DESCRIPTION OF PROPERTY
TRACT 4, ANDOVER INDUSTRIAL PARK NO. 1, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 66 OF PLATS, PAGE 36, RECORDS OF KING
COUNTY, WASHINGTON;
EXCEPT THE SOUTH 28 FEET THEREOF; AND
EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR
COURT CAUSE NO. 592245, ACCORDING TO DECREE FILED JANUARY 14,
1963.
104
EXHIBIT 1 -B
LEGAL DESCRIPTION
PARKING EASEMENT
NOVEMBER 18, 2014
PROJECT NO. 06007
AN EASEMENT FOR VEHICULAR PARKING PURPOSES OVER, ACROSS AND UPON
THE RIGHT -OF -WAY OF CHRISTENSEN ROAD, BEING LOCATED IN THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. SAID EASEMENT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK
EAST WITH THE CENTERLINE OF TUKWILA PARKWAY AS MARKED BY A CONCRETE
MONUMENT;
THENCE NORTH 84 °44'00" EAST ALONG THE CENTERLINE OF TUKWILA PARKWAY
231.72 FEET;
THENCE SOUTH 05 °16'00" EAST 40.00 FEET TO THE POINT OF INTERSECTION OF
THE SOUTH MARGIN OF TUKWILA PARKWAY WITH THE WEST MARGIN OF
CHRISTENSEN ROAD;
THENCE SOUTHERLY ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT,
HAVING A RADIUS OF 437.50 FEET, A CENTRAL ANGLE OF 00 °13'45 ", THE CENTER
OF WHICH BEARS SOUTH 80 °38'25" WEST, AN ARC DISTANCE OF 1.75 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE EASTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, A
CENTRAL ANGLE OF 28 °38'13" EAST, THE CENTER OF WHICH BEARS
NORTH 23 °22'13" EAST, AN ARC DISTANCE OF 17.49 FEET TO A POINT OF
TANGENCY;
THENCE NORTH 84 °44'00" EAST 46.59 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE LEFT;
THENCE SOUTHERLY AND EASTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS
OF 16.94 FEET, A CENTRAL ANGLE OF 73 °30'10 ", THE CENTER OF WHICH BEARS
NORTH 87 °22'15" EAST, AN ARC DISTANCE OF 21.74 FEET TO A POINT OF
REVERSE CURVATURE;
THENCE EASTERLY AND SOUTHERLY ON A CURVE TO THE RIGHT, HAVING A
RADIUS OF 2.50 FEET, A CENTRAL ANGLE OF 72 °45'37 ", THE CENTER OF WHICH
BEARS SOUTH 13 °52'05" WEST, AN ARC DISTANCE OF 3.17 FEET TO A POINT OF
COMPOUND CURVATURE;
THENCE SOUTHERLY ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 1547.72
FEET, A CENTRAL ANGLE OF 09 °37'47, THE CENTER OF WHICH BEARS
SOUTH 86 °37'42" WEST, AN ARC DISTANCE OF 260.13 FEET;
THENCE NORTH 84 °06'43" WEST 43.00 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE LEFT;
PAGE 1
105
(PARKING EASEMENT CONTINUED)
THENCE NORTHERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1504.72
FEET, A CENTRAL ANGLE OF 01 °05'52 ", THE CENTER OF WHICH BEARS
NORTH 83 °43'52" WEST, AN ARC DISTANCE OF 28.83 FEET TO A POINT OF
COMPOUND CURVATURE;
THENCE NORTHERLY AND WESTERLY ON A CURVE TO THE LEFT, HAVING A
RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 93 °47'54, THE CENTER OF WHICH
BEARS NORTH 84 °49'45" WEST, AN ARC DISTANCE OF 40.93 FEET TO THE WEST
MARGIN OF CHRISTENSEN ROAD;
THENCE NORTH 00 °45'11" WEST ALONG SAID WEST MARGIN 152.13 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT;
THENCE CONTINUING NORTH ALONG SAID WEST MARGIN ON A CURVE TO THE
LEFT, HAVING A RADIUS OF 437.50 FEET, A CENTRAL ANGLE OF 08 °22'39 ", THE
CENTER OF WHICH BEARS SOUTH 89 °14'49" WEST, AN ARC DISTANCE OF 63.97
FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PAGE 2
106
30'
N 0012'09" W
EXHIBIT 1-C
VEHICULAR PARKING EASEMENT AREA
267.49' ---
N 84'44100 o
231.72' oI I,
TUKWILA PARKWAY o oio
rn
N 84'44'00" E
T7TT/�'a
R= 437.50'
A= 08'36'24"
L= 65.72'
NOV. 2014
PROJECT NO. 06007
PAGE 1 OF 2
40'
11M HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
107
EXHIBIT 1 -C - CONT'D.
VEHICULAR PARKING EASEMENT AREA
231.72'
Ul
C1
TPOB
CURVE TABLE
CURVE
DELTA
LENGTH
RADIUS,
RADIAL BEARING
C1
013'45"
1.75'
437.50'
S 80'38'25" W
C2
28'38'13"
17.49'
35.00'
N 23'22'13" E
C3
73'30'10"
21.74'
16.94'
N 8722'15" E
C4
72'45'37"
3.17'
2.50'
S 13'52'05" W
C5
9'37'47"
260.13'
1547.72'
S 86'37'42" W
C6
1'05'52"
28.83'
1504.72'
N 83'43'52" W
C7
93'47'54"
40.93'
25.00'
N 84'49'45" W
C8
8'22'39"
63.97'
437.50'
S. 8914'49" W
LINE TABLE
NUM
BEARING
DISTANCE
L1
N 84'44'00" E
46.59'
L2
N 84'06'43" W
43.00'
L3
N 00'45'11" W
152.13'
1 " =50'
NOV. 2014
PROJECT NO. 06007
trn
C2 L1
0AL
LAND
PAGE 2 OF 2
w
■
to
U
11M HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
108
EXHIBIT 1 -D
LEGAL DESCRIPTION
POCKET PARK EASEMENT
NOVEMBER 18, 2014
PROJECT NO. 06007
AN EASEMENT FOR POCKET PARK PURPOSES OVER, ACROSS AND UPON THE
RIGHTS -OF -WAY OF TUKWILA PARKWAY AND CHRISTENSEN ROAD, BEING
LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK
EAST WITH THE CENTERLINE OF TUKWILA PARKWAY AS MARKED BY A CONCRETE
MONUMENT;
THENCE NORTH 84 °44'00" EAST ALONG THE CENTERLINE OF TUKWILA PARKWAY
220.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTHERLY AND EASTERLY ALONG A NON - TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 31.28 FEET, A CENTRAL ANGLE OF 150 °25'43 ", THE
CENTER OF WHICH BEARS SOUTH 78 °05'28" EAST, AND ARC DISTANCE OF 82.13
FEET;
THENCE SOUTH 72 °17'22" WEST 1.33 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE TO THE RIGHT;
THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 29.95
FEET, A CENTRAL ANGLE OF 30 °02'29 ", THE CENTER OF WHICH BEARS
SOUTH 72 °20'22" WEST, AN ARC DISTANCE OF 15.70 FEET TO THE BEGINNING OF
A NON - TANGENT CURVE TO THE RIGHT;
THENCE EASTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 23.34
FEET, A CENTRAL ANGLE OF 45 °26'42 ", THE CENTER OF WHICH BEARS
SOUTH 03 °19'48" EAST, AN ARC DISTANCE OF 18.51 FEET;
THENCE SOUTH 04 °19'51" EAST 15.19 FEET;
THENCE SOUTH 84 °44'00" WEST 40.26 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE TO THE RIGHT;
THENCE NORTHERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 23.34
FEET, A CENTRAL ANGLE OF 05 °24'04 ", THE CENTER OF WHICH BEARS
NORTH 86 °14'34" EAST, AN ARC DISTANCE OF 2.20 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE RIGHT;
THENCE WESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 29.95
FEET, A CENTRAL ANGLE OF 30 °34'57 ", THE CENTER OF WHICH BEARS
NORTH 14 °04'01" WEST, AN ARC DISTANCE OF 15.99 FEET;
THENCE SOUTH 16 °30'56" WEST 1.33 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE RIGHT;
PAGE 1
109
(POCKET PARK EASEMENT CONTINUED)
THENCE WESTERLY AND NORTHERLY ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 31.28 FEET, A CENTRAL ANGLE OF 85 °23`35 ", THE CENTER OF WHICH
BEARS NORTH 16 °30'56" EAST, AN ARC DISTANCE OF 46.62 FEET TO THE TRUE
POINT OF BEGINNING.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
110
•�pNgt „- S+f
y,�HINUNq� ►d
PAGE 2
r
0,c
30'
ANDOVER PARK EAST
(
CV
0
0
z
30'
EXHIBIT 1 -E
POCKET PARK EASEMENT AREA /
N 84'44100"..E
N 0012'09" W
CD
N
0
R= 50.00'
A= 84'56'09"
L= 74.12'
267.49' _
- _
220.02
TUKWILA PARKWAY
N 84'44'00" E
159.38'
T.L. NO. 022300- 0040 -03
211.59'
R= 437.50'
A=08'36'24"
L= 65.72'
N
1 " =50'
NOV. 2014
PROJECT NO. 06007
N 89'47'51" E
PAGE 1 OF 2
z
40'
CHRISTENSEN ROAD
40'
N 00'45'11" W
TIM HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
111
EXHIBIT 1 -E -- CONT'D.
POCKET PARK EASEMENT AREA
/
TPOB�
220 2
1 " =20'
NOV. 2014
PROJECT NO. 06007
C1
X19'
CURVE TABLE
CURVE
DELTA
LENGTH
RADIUS
RADIAL BEARING
C1
150'25'43"
82.13'
31.28'
S 78'05'28" E
C2
30'02'29"
15.70'
29.95'
S 7270'22" W
C3
4576'42"
18.51'
23.34'
S 0319'48" E
C4
0574'04"
2.20'
23.34'
N 8614'34" E
C5
30'34'57"
15.99'
29.95'
N 14'04'01" W
C6
85'23'35"
46.62'
31.28'
N 16'30'56" E
NY
E.
ittp,
�• 18903 p
4 /STt°'
LAtA
PAGE 2 OF 2
LINE TABLE
NUM
BEARING
DISTANCE
L1
S 72'17'22" W
1.33'
L2
S 0419'51" E
15.19'
L3
S 84'44'00" W
40.26'
L4
S 16'30'56" W
1.33'
11M HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
112
PARK EAST
TUKWILA
0I
� V S
LS I
AR I A
...............................
POCKET (PARK
EXHIBIT2
PATIO
0
0
Z
TY LINE
HOTEL
'59, 17O 5Q. FT
92 UNITS
& TYPICAL PARKTuc
MCE 9'X19'
0*
0 4
53 ONSITE PARKING SPACES
I
4E
SITE PLAN
= 50-0
N
CHRISTENSEN ROAD
a
OFV 1TE PAR NG
ACES FROM 24. SPACES TO 27
N
X
W
1-
HOLIDAY 1 N EXPRESS
TULWILA. A
f s
TUKWILA D L.L.G.
Dais wwecncy
ARCHITECT
5715 143rd Kim S.E.
Bellevue. WA Bl005
426-250-0080
10/31/14
113
EXHIBIT 3
PROPOSED POCKET PARK — CHRISTENSEN ROAD
Development of the park and parking area will include the installation of:
• New graded area for the park
• A circular seating wall
• Bike rack
• Picnic tables
• Waste receptacle
• Pathways
• Three life trail stations (along the adjacent trail)
• Evergreen trees to provide screening between the 65th Avenue S bridge, Tukwila Parkway, and
the park
• Flowering trees
• Restriping 27 parking spaces along the east side of Christensen Road
• Striping four spaces at the north end of Christensen Road
• New pavement and striping for the development of 14 new spaces along the west side of
Christensen Road and four spaces at the north end.
• Maintaining the parking area, landscaping, irrigation, and waste disposal for the public pocket
park (Includes restriping spaces every three years).
• Allowing public access to the hotel site as required for park access and egress
• Planned access for emergency vehicles
• The pocket park will be included within the open space requirements of the City Municipal Code
and Christensen Road and the parking spaces will comply with all relevant codes as well as the
American with Disabilities Act (ADA).
114
zl_RERSON PICNIC TALE
TOITEGREEN TREE
JEFFREY B. CLAN DER &
ASSOCIATES, PLLC
I 1,2144. Avamsm East ia. WA
& SIM Pluming
Olymp
(307) 3374171
CIRCULAR SEATING AREA
FiCNIC,..TADLT
MONUMENT WALL
GARAGE
CAN
FVNE STATION (3)
TUKWILA POCKET PARK
SEPT. 2, 2014
01
SCALE • °= I O'-0
20'
116
PROPOSED TUKWILA POCKET PARK & PARKING - COST SUMMARY
Schematic Cost Estimate
ITEM
Date: September 4, 2014
QTY. COST TOTAL REMARKS
New Concrete Paving Area
New Asphalt Paving Area
Landscape Area
Hardscape Improvements
Demolition ($ /c.y.)
Concrete Walks & Paving ($ /s.f.)
Asphalt Paving ($ /s.f.)
Seatwall ($ /f.s.f.)
Picnic Tables (S /ea.)
Bike Rack ($ /f.s.f.)
Trash Receptacles
Life Stations ($ /f.s.f.)
Subtotal
Landscape Improvements
3,400
700
9,875
2,706 $1.95
3,400 $6.50
700 $3.00
165 $200
3 $2,200
1 $650
1 $750
3 $3,500
Bed Prep. & Fine Grading
Soil Prep
Evergreen Trees
Deciduous Trees
Lawn, Plantings, and Irrigation
Subtotal
9,875 $0.10
89 $35.00
7 $250.00
6 $400.00
9,875 $4.00
Contingency 10%
Note: Estimate does not include grading, drainage, or parking
Civil Engineering & New Parking Spaces - Right -of -Way
Landscape & Architectural Fees
$5,277 Sawcut & demo. Existing roadway & curbing
22,100 4" rein. Conc. w /scoring and broom finish
2,100
33,000 18" height, c.i.p.concrete wall & raised planter
6,600 6' length
650
750
10,500
$80,977
$988 All lawn & planting areas
3,111 3" depth - all lawn & planting areas
1,750 6' Min. Ht.
2,400 2" Cal., 12' Min. Ht.
39,500
$47,748
$12,872
$25,000
$13,440
Annual Maintenance $6,000 (Annual fee subject to inflation over term of agreement)
Total $186,037
The total amount includes $10,000 payment for the Green/Duwamish River restoration/planting projects or to implement the goals and
policies of the City's Comprehensive Plan related to Urban Forestry.
Sources:
Jeffrey B. Glander & Associates (Landscape Architecture & Site Planning)
Civil Engineer
Tri- States Development. LLC.
Dale Sweeney, Architect
117
Land Value estimate for parking and drive aisle area of Christensen Road
Approximate land area including right -of -way (s.f.) 17,103
Developer's contracted land cost per square foot $25.00
Land acquisition cost (If 100% use) $427,575
Proposed pocket park & parking cost estimate $186,037
Pocket park & parking as percentage of total cost 43.5%
* Ongoing maintenance and striping costs after initial year go on indefinitely
118
COUNCIL AGENDA SYNOPSIS
Initials
Meal q Dale
Prepared by
Mayor's review
Council renew
11/24/14
SB
Z Resolution
A1g Date 12/1/14
[ Ordinance
Mg Dale
12/01/14
SB
/
Liq
SP oNsoit' s The Council is being asked to consider adoption of a resolution establishing a cost of living
StNim,\Ry wage adjustment and benefits schedule for non-represented employees effective January
1, 2015.
Riwil,IWEI Y COW Mtg. I CA&P Cmte
T Utilities Cmte E Arts Comm.
DATE: 11/18/14
F&S Cmte
1 1 Transportation Cmte
Comm. 1 1 Planning Comm.
CF IAIR: SEAL
Parks
COMMITTED
RECOMMENDATIONS:
SP( )NS(
CommITITII
Human Resources Department
Unanimous Approval; Forward to Committee of the Whole
ITEM INFORMATION
ITEM No.
6.C.
119
STA I q SPONS( )R: STEPHANIE BROWN
ORIGINAL AGKNDA DATF:: 11/24/14
AGI,iNDA Imm. TITLE A Resolution establishing the 2015 Non-Represented Wage and Benefit Schedule.
CATI X3( )I2Y Discussion
illtg Date 11/24/14
— Motion
Aftg Date
Z Resolution
A1g Date 12/1/14
[ Ordinance
Mg Dale
Bid Award
Alt,g Date
Public Hear*
1 t,g Date
Other
!vItg Date
SPONSOR I 1 Council Mayor Z FIR El DCD • Finance I ire 1 IT — P&R Police I'U'
SP oNsoit' s The Council is being asked to consider adoption of a resolution establishing a cost of living
StNim,\Ry wage adjustment and benefits schedule for non-represented employees effective January
1, 2015.
Riwil,IWEI Y COW Mtg. I CA&P Cmte
T Utilities Cmte E Arts Comm.
DATE: 11/18/14
F&S Cmte
1 1 Transportation Cmte
Comm. 1 1 Planning Comm.
CF IAIR: SEAL
Parks
COMMITTED
RECOMMENDATIONS:
SP( )NS(
CommITITII
Human Resources Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE ZEQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Forward to next Regular Meeting
12/1/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated November 12, 2014
Resolution in Draft Form
Attachment A - Draft 2015 Non-Represented Wage Schedule
Attachment B - Draft 2015 Non-Represented Schedule of Benefits
Attachment C - Draft 2015 Non-Represented Longevity Pay Schedule
2014 Wages <added at the request of the FS Committee>
Minutes from the Finance and Safety Committee meeting of 11/18/14
12/1/14
Final resolution
119
120
Citv of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING AND CLARIFYING
THE NON - REPRESENTED EMPLOYEES' COMPENSATION
AND ADOPTING THE NON - REPRESENTED SALARY
SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE
JANUARY 1, 2015.
WHEREAS, the Tukwila City Council adopted Resolution No. 1796 on June 3,
2013, which provided that a Cost Of Living Adjustment (COLA) be applied to the non -
represented employee wage schedule in odd - numbered calendar years; and
WHEREAS, the COLA has been based on 90% of the Consumer Price Index, All
Wage Earners (CPI -W) Seattle- Tacoma - Bremerton Area (June); and
WHEREAS, the CPI -W (June) for the above- stated period of time is 2.2 %; and
WHEREAS, 90% of CPI -W as stated above is 1.98 %; and
WHEREAS, City Administration recommends an increase of 2.00% to base wages
effective January 1, 2015 for non - represented employees;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Non - Represented Wage Plan.
A. The 2015 wage schedule for non - represented employees shall be increased by
a rate of 2.00 %.
B. Longevity pay will continue to be a part of the plan.
C. Merit will continue to be eliminated from the plan, but may be considered as a
plan element in subsequent years.
W: \Word Processing \Resolutions \Non - Represented Employees Compensation -2015 11 -12 -14
SB:bjs
Page 1 of 2
121
Section 2. Non - represented salary schedule, benefits summary and longevity
pay plan.
A. The "Non- Represented Salary Schedule — 2015," Attachment A hereto, shall
be approved, effective January 1, 2015.
B. The "Non- Represented Employee Benefits Summary — 2015," Attachment B
hereto, shall be approved, effective January 1, 2015.
C. The "Longevity Pay Plan for Non - Represented Employees — 2015," Attachment
C hereto, shall be approved, effective January 1, 2015.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel Turpin, City Attorney
Attachments:
- Attachment A, Non- Represented Salary Schedule — 2015
- Attachment B, Non - Represented Employee Benefits Summary — 2015
- Attachment C, Longevity Pay Plan for Non - Represented Employees — 2015
W: \Word Processing \Resolutions \Non - Represented Employees Compensation -2015 11 -12 -14
SB:bjs
122
Page 2 of 2
Attachment A (Page 1 of 3)
City of Tukwila
Non - Represented Salary Schedule - 2015
Classification Title
Job Title
Range
Office Technician
Office Specialist
Assistant to the Chief
Administrative Assistant
Executive Assistant
Assistant to the Director
Council Administrative Assistant
Program Coordinator
Systems Administrator
Human Resources Assistant
Management • • • •
City Clerk
Police Records Manager
C42
Management AnalCouncil
L-
Analyst
Human Resources Analyst
Parks & Recreation Analyst
Public Works Analyst
C42
Program Administrator
Economic Development Liaison
Emergency Manager
Project Manager
Project Development Manager
C51
Program Manager
Senior Program Manager .
Building Official
Communications /Government Relations
Manager
D61
Administrative Manager
Maintenance Operations Manager
D62
Assistant Director
Deputy Community Development Director
Deputy Finance Director
Deputy Public Works Director
Municipal Court Administrator
D63
Department Manager
Assistant Fire Chief
City Engineer
D72
Department Administrator
Economic Development & Strategic Planning
Manager
E81
Deputy Police Chief
Deputy Police Chief
E82
123
Attachment A (Page 2 of 3)
City of Tukwila
Non - Represented Salary Schedule - 2015
Classification Title
Job Title
Range
Department Head
Human Resources Director
DCD Director
Finance Director
IT Director
Parks & Recreation Director
E83
Department Director
Fire Chief
Police Chief
Public Works Director
E91
City Administrator
City Administrator
F102
124
Attachment A (Page 3 of 3)
Non-Represented Salary Structure (Monthly) - 2015
Non-Represented
2015.
Salary
Structure INIonthly).
DEM (Mini rridrh)
Rating step 1 step z
Step 3
Step 4
Step 5
Step 6
Step 7
Al 1
3,937
4,061
4,185
4,308
4,430
A1 2
4,249
4,385
4,520
4,653
4,785
A13
4,573
4,713
4,856
5,000
5,141
B21
4 / /6
4,955
5,136
5,314
5,497
B22
5,087
5,277
5,469
5,660
5,853
B23
5,393
5,596
5,799
6,001
6,208
B31
5,661
5,909
6,156
6404
6,652
B32
6,112
6,380
6,649
6,917
7,186
C41
6,296
. 6,547
6,799
7,052
7304
7,557
C42
6,650
•6,918
7,1.84
7,450
7;717
7,986
C43 :
6,946
,
7 225
7,225
7,504
,
7 782
,
8,059
341
C51
7,173
7,494
7,816
8,140
8,460
8,786
C52
7,667
8,011
8,356
8,702
9;048
9,320
D61
7,585
7,964
8,344
8,725
9,104
9,480
D62
7,721
8,105
8,491.
8,876
9,264
9,648
D63
7,991
8.391
8791
9,191
9,591
9,989
D71
8,175
8,622,
9,071
9,519
9,966
10,416
D72
8,579
9,047
9,517
9,985
10,456
10925
E81
8,669
9,102
9,538
9,968
10,434
10,902
11,349
E82
8,988
9,439
9,890
10,340
10,792
11243
11692
E83
9,252
9,717
10,177
10,642
11,104
11,567
12,031
E91
9,574
10,054
10.533
11,014
11,492
11,972
12,452
E92
9,969
10,470
10.971
11,469
11,969
12,469
12,969
F101
10,371
10,889
11,407
11,928
12,449
12.965
13,485
F102
10,252
10,763
11,277
11,792
12,305
12,818
13,331
125
Attachment B (Page 1 of 2)
Non - Represented Employee Benefits - 2015
Social Security (FICA): Social Security benefits shall be provided as contained in Section
2.52.010 of the Tukwila Municipal Code (TMC).
State -Wide Employee Retirement System (PERS): Retirement shall be provided as contained
in Section 2.52.020 of the TMC.
Holidays: Holidays shall be provided as contained in Section 2.52.030 of the TMC. Regular
part -time employees shall be entitled to benefits on a pro -rata basis. An additional floating
holiday shall be granted to each non - represented employee, for a total of 2 floating holidays.
Sick Leave: Sick leave shall be provided as contained in Section 2.52.040 of the TMC. Regular
part -time employees shall be entitled to benefits on a pro -rata basis.
Medical Insurance: The City shall pay 100% of the 2015 premium for regular full-time
employees and their dependents under the City of Tukwila self - insured medical /dental plan.
Premium increases above 8% per year shall result in a modified plan document to cover the
additional cost above 8%, or a premium shall be implemented for the difference, at the City's
discretion. The City reserves the right to select all medical plans and providers. Regular part -
time employees shall be entitled to benefits on a pro -rata basis. Employees who choose
coverage under the Group Health Cooperative plan shall pay the difference between the City of
Tukwila plan full- family rate and the rate charged to them by Group Health.
Dental Insurance: The City shall provide 100% of the 2015 premium for the regular full -time
employees and all dependents under the City of Tukwila self - insured medical /dental plan for
dental coverage. Regular part-time employees shall be entitled to the same benefits on a pro -
rata basis.
Life Insurance: For regular full -time employees, the City shall pay the premium for Plan C
(Multiple of annual earnings) or similar group life and accidental death and dismemberment
insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000.
Regular part -time employees that work at least 20 hours per week shall be entitled to benefits
on a pro -rata basis (per insurance program requirements).
Vision/Optical: Benefits provided to all non - represented regular full-time employees and their
dependents at the rate of $200 per person, to a maximum of $400 per family unit each year.
Regular part -time employees and their dependents shall be entitled to benefits on a pro -rata
basis.
Disability Insurance: The City shall provide 100% of the premium for regular full-time
employees for a comprehensive long -term disability policy. Regular part -time employees that
work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance
program requirements).
Health Reimbursement Arrangement /Voluntary Employee Benefit Association (HRA/VEBA):
VEBA benefits shall be provided as contained in Resolution No. 1445 and as amended.
126
Attachment B (Page 2 of 2)
Non - Represented Employee Benefits - 2015
Vacation: Following the sixth month of continuous employment, annual vacation leave of six
full days (each day is calculated at eight hours, regardless of schedule worked) shall be granted.
Thereafter, an additional day of annual leave shall accrue each month, up to a total of 12 days.
Three additional days of annual leave shall be granted on the employee's anniversary date after
the third, fourth and fifth years. After six years, the employee shall be granted one day per year
additional annual leave to a maximum of 24 days per year. The maximum number of accrued
hours is 384 or 48 days.
Years of Service
Vacation Accrual
Years of Service
Vacation Accrual
0 -1 years
12 days*
10 years
19 days
1 -2 years
12 days
11 years
20 days
3 -6 years
15 days
12 years
21 days
7 years
16 days
13 years
22 days
8 years
17 days
14 years
23 days
9 years
18 days
15 years
24 days (maximum)
*Six full days will be granted following the sixth month of continuous employment.
(Days accrue at eight hours, regardless of schedule worked.) Regular part -time
employees shall be entitled to benefits on a pro -rata basis.
Uniform Allowance: An annual uniform allowance of $650 shall be granted to the following
employees: Fire Chief, Assistant Fire Chief, Police Chief, Deputy Police Chief, and Records
Manager.
127
Attachment C
Longevity Pay Plan for Non - Represented Employees -- 2015
The monthly longevity flat rates shall be as follows for regular full -time employees after the
completion of the number of years of full time employment with the City set forth below.
Regular part -time employees shall receive longevity on a pro -rata basis.
Completion of 5 years
$75
Completion of 10 years
100
Completion of 15 years
125
Completion of 20 years
150
Completion of 25 years
175
Completion of 30 years
200
128
COUNCIL AGF;NDA SYNOPSIS
ImtiaI
-
illeeling Date
Prepared by
A Icrt or's review )
Council rel.,/ elP
11/24/14
SB
c'
12/01/14
SB
Ord/ trance
AII Dale
In
Public' 1 I eari ii,
ANDate
Oilier
:1,11,gDale
CATF( ;on' U eirausion
U
Mg Dale
Al!gl)ate
SPONSOR _ (ou nal Muy01
— Da.) 1,'inance 1 ire 17' Pe7R. Po/ice PII7
ITEM INFORMATION
ITEM No.
6.D.
129
STAI,1 Si 'c )NS( )1t: STEPHANIE BROWN
ORIGINAL AciNNi),\ D,,VIE: 11/24/14
A(;KNi),\ FIENI Turfy
Authorize
United
the Mayor to sign the Collective Bargaining Agreement (CBA) with the
Steelworkers (USW) Police Commanders for contract years 2014-2016.
11/24/14
Moil° n
12/01/14
Resolution
At/ Dm'
Ord/ trance
AII Dale
Bid Arun'
11/g Dale
Public' 1 I eari ii,
ANDate
Oilier
:1,11,gDale
CATF( ;on' U eirausion
U
Mg Dale
Al!gl)ate
SPONSOR _ (ou nal Muy01
— Da.) 1,'inance 1 ire 17' Pe7R. Po/ice PII7
I 1/R
SP( )0R'S City staff, the labor relations consultant, and the USW Police Commanders' bargaining
SummAin' team opened labor negotiations on 9/9/13, in an effort to reach an agreement on a
successor labor contract for Police Commanders. A tentative agreement has been reached
and information is being presented for City Council approval and to authorize the Mayor to
sign the Collective Bargaining Agreement (CBA).
tr.vft:wr,i) ii ' COW Mtg. CA&P Cmte ] F&S Owe Transportation &rite
Utilities Cmtc 7 Arts Comm. Parks Comm. Planning Comm.
i)i\'lE: N/A COMmiTTEE CI [AIR:
RECOMMENDATIONS:
si)()Ns()R/ADNIIN.
Cum \111
Human Resources Department
1EN
COST IMPACT / FUND SOURCE
Exi,I,NDITLIRK Ri,:(.?(Iiin1) AMOUNT BuDGETIA) APPROPRIATION RI.:(.) 1]-)
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Forward to next Regular Meeting
12/01/14
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/19/14
(copy of the 2014-2016 labor agreement provided under separate cover)
12/1/14
No attachments
129
130
COUNCIL AG I-;NDA SYNOPSIS
-------- - ----- - ---------
Meebbg,ak
Prepared by
Mayor rewiew
Cobnci/ review
11/24/14
JH
—,
1 1 Refolution
A ftp Owe
12/1/14
JH
Public 'term); )
A llg Date
Other
M 1 Dale
CATKG()RY
tqlg1),ile
S PONS( >It Counci/ iVicgor /1/ 1 1 1)(i0 111 I 'inancc / in IT Pe-R K Poli(v 11/
SPoNs (t'S Currently, TMC 5.44 requires a $25 licensing fee for each tow truck used in the City of
SUMMARY Tukwila. TMC 5.44 creates the expectation that tow trucks have been inspected by the
police department and have been deemed safe. RCW 46.55 regulates tow trucks and
inspection falls upon the Washington State Patrol. TMC 5.44 is unnecessary and
duplicative of the RCW, making an additional (and unnecessary) regulatory step for the
applicant.
KvIO.V11) HY CCM' Mtg. CA&P Cmtc 166 Cinte lkransportation Crnte
— Utilities Crnte Arts ( ;ornin. Parks Comm. _ Planning Comm.
DATE: 11/18/14 COMMI'ivrEr, (1 LAIR: SEAL
RECOMMENDATIONS:
SpoNSOR/ADNIIIN.
CeNINIITII'M
Police Department
Unanimous Approval; Forward to Committee ofthe Whole
ITEM INFORMATION
ITEM No.
6.E.
131
STAIT SpoNsolk: JON HARRISON
ORIGINAL AGENDA DmE: 11/24/14
A(;F:Ni);\ riv,m Trim,: An ordinance updating TMC Title 5 relating to Tow Truck Business licensing
luission
11/24/14
1 1 A lotion
1\ hp Date
1 1 Refolution
A ftp Owe
Ordinance
A lip Dare 12/1/14
I I It',,
Allg1),, le
Public 'term); )
A llg Date
Other
M 1 Dale
CATKG()RY
tqlg1),ile
S PONS( >It Counci/ iVicgor /1/ 1 1 1)(i0 111 I 'inancc / in IT Pe-R K Poli(v 11/
SPoNs (t'S Currently, TMC 5.44 requires a $25 licensing fee for each tow truck used in the City of
SUMMARY Tukwila. TMC 5.44 creates the expectation that tow trucks have been inspected by the
police department and have been deemed safe. RCW 46.55 regulates tow trucks and
inspection falls upon the Washington State Patrol. TMC 5.44 is unnecessary and
duplicative of the RCW, making an additional (and unnecessary) regulatory step for the
applicant.
KvIO.V11) HY CCM' Mtg. CA&P Cmtc 166 Cinte lkransportation Crnte
— Utilities Crnte Arts ( ;ornin. Parks Comm. _ Planning Comm.
DATE: 11/18/14 COMMI'ivrEr, (1 LAIR: SEAL
RECOMMENDATIONS:
SpoNSOR/ADNIIIN.
CeNINIITII'M
Police Department
Unanimous Approval; Forward to Committee ofthe Whole
COST IMPACT / FUND SOURCE
NxITNi)iii 'RI:, RI,;(),IIIRIM AMOUNT BUMMED APPROPRIATION REQtJIRFD
0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
11/24/14
Informational memorandum dated 11/10/14
Draft Ordinance
TMC 5.44
Minutes from the Finance and Safety Committee meeting of 11/18/14
12/1/14
Final ordinance
131
132
Citv of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING VARIOUS
ORDINANCES AS CODIFIED AT TUKWILA MUNICIPAL
CODE CHAPTER 5.44, "TOW TRUCK BUSINESSES;"
PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, Tukwila Municipal Code Chapter 5.44 establishes licensing requirements
and procedures for tow truck businesses and operators within the City of Tukwila; and
WHEREAS, the Washington State Department of Licensing (DOL) also licenses and
regulates tow truck operators; and
WHEREAS, the City believes it is more appropriate for the Washington State DOL to
regulate tow truck businesses and operators;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Tukwila Municipal Code (TMC) Chapter 5.44 Repealed. Ordinance
Nos. 2368 §1; 2355 §16, §17 and §18; and 1813 §1; and Ordinance No. 1482, are
hereby repealed, thereby eliminating TMC Chapter 5A4, "Tow Truck Businesses," in its
entirety.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
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134
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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COUNCIL AGENDA SYNOPSIS
JnutiatF
Aleellq.Dale
Prepared b
.Aelayor:$. reniton
Council review
11/24/14
DCS
(2 \ti (,()R 0 1
1 6/turon
11/24/14
12/01/14
DCS
n Ordmance
7 & Libyan'
AN Date
VI Publh Hearing
I I ()/her
, It; Dale
.11t ; Dale
AltgOale 12/1/14
A f(p Dale 11/24/14
( ()until
— / /R. WO / 'mance !1e 1'! 1 1 PZ7R Po/ac 1 I PIF
IA Major
ITEM INFORMATION
ITEM No.
6.F.
135
SI \II S1( )NS( DEREK SPECK
ORic,IN \I AG] Ni) \ I) \ 1 i . 11/24/14
Acd Ni) \ 111,1` 111,1 An ordinance adopting a Multi-Family Residential Property
Development Incentive
Tax Exemption
(2 \ti (,()R 0 1
1 6/turon
11/24/14
Matron
Al Dale
E IZeJobaron
Alig Dam 11/3/14
n Ordmance
7 & Libyan'
AN Date
VI Publh Hearing
I I ()/her
, It; Dale
.11t ; Dale
AltgOale 12/1/14
A f(p Dale 11/24/14
( ()until
— / /R. WO / 'mance !1e 1'! 1 1 PZ7R Po/ac 1 I PIF
IA Major
S1'( )NS( )R'S At the November 3 Council meeting, the Council adopted a resolution setting the public
Sll)1\1 \RY hearing date of 11/24/14 for this issue. Staff is proposing for the City to adopt a multi-
family property tax exemption incentive program to encourage new multi-family
residential development in a portion of the Transit Oriented Development District
(Southcenter area). The Council is being asked to conduct the public hearing on 11/24/14
and consider adoption of the ordinance at the Regular meeting on 12/1/14.
KIN!' wi 1) fiY COW Mtg. Z cA&P cmle 1,&S cmte ] Transportation Cnite
Uttlitic, Gime — Ail, Comm Park, Comm Planning Comm
I) \ 11 11/12/14 COMMIT]. 1- li. (:I LAIR DUFFIE
RECOMMENDATIONS:
Si)()\,()1(/.\D■IIN
Om \II
Mayor's Office
1'1 I I Unanimous Approval; Forward to Regular Meeting
COST IMPACT / FUND SOURCE
FAN N (I RI ,/UM AMOUNT BUD(;L 11,1) APPROPRIATION RI,Q111R1,1)
Rind Source:
Conmwnh
MTG. DATE
RECORD OF COUNCIL ACT ON
11/24/14
Forward to next Regular eeting
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/5/14
Ordinance in draft form with Figure A (map of proposed residential targeted area)
Reports by WA State Dept of Commerce and Puget Sound Regional Council
Tables of cities that have adopted and projects currently receiving MFPT exemptions
Property tax levies by taxing district within the residential targeted area
Example annual value to property owner
Property Value Estimate for Washington Place <REQUESTED BY FS COMMITTEE>
Minutes from the Community Affairs and Parks Committee meeting of 11/12/14
12/1/14
Final Ordinance
135
136
Citv of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON; ESTABLISHING AN
EXEMPTION FROM REAL PROPERTY TAXATION FOR
DEVELOPMENT OF QUALIFIED MULTI-FAMILY
HOUSING; ESTABLISHING NEW REGULATIONS TO BE
CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER
3.90 RELATING TO THE DESIGNATION OF A
RESIDENTIAL TARGETED AREA WITHIN THE TUKWILA
URBAN CENTER; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Chapter 84.14 RCW authorizes cities to provide for exemptions from
ad valorem property taxation on qualified multi-family housing developments located in
designated residential targeted areas in order to encourage more desirable and
convenient residential units in urban centers; and
WHEREAS, the King County Countywide Planning Policies (KCCPP), developed
pursuant to the Washington State Growth Management Act, have established standards
for cities to plan for their share of regional growth and affordable housing; and
WHEREAS, the Tukwila Urban Center is one of the region's designated urban
centers and lies within an urban growth area; and
WHEREAS, the City intends to assist in achieving its residential growth targets and
goals in the City's Housing and Urban Center Element of the City's Comprehensive
Plan by encouraging new multi-family housing in the Tukwila Urban Center; and
WHEREAS, the Tukwila Urban Center currently lacks sufficient available, desirable
and convenient residential housing, including affordable housing, to meet the needs of
the public who would be likely to live in the urban center, if the affordable, desirable,
attractive, and livable places to live were available; and
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138
WHEREAS, the Tukwila Urban Center qualifies as an urban center for purposes of
RCW 84.14.010 and Tukwila has a desire to stimulate new construction of multi - family
housing within that portion of the Tukwila Urban Center's Transit Oriented Development
district that lies west of the Green River; and
WHEREAS, the tax incentive provided by Chapter 84.14 RCW encourages
increased residential opportunities, including affordable housing opportunities, and will
stimulate the construction of new multi - family housing within the residential targeted
area and will benefit and promote public health, safety, and welfare by encouraging
residential development and redevelopment of that area of the City; and
WHEREAS, on November 24, 2014, the Tukwila City Council, after giving public
notice as required by RCW 84.14.040, held a public hearing to consider adoption of the
proposed ordinance;
. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Designation of Residential Targeted Area. The City Council hereby
designates the boundary of the residential targeted area as that portion of the Tukwila
Urban Center zone's Transit Oriented Development district that lies west of the Green
River as shown in Figure A and attached hereto and as further specified in Tukwila
Municipal Code Section 3.90.030.
Section 2. Regulations Established. Tukwila Municipal Code (TMC) Chapter
3.90, "Multi- Family Residential Property Tax Exemption," is hereby established to read
as follows:
CHAPTER 3.90
MULTI - FAMILY RESIDENTIAL PROPERTY TAX EXEMPTION
Sections:
3.90.010 Purpose
3.90.020 Definitions
3.90.030 Residential Targeted Area — Criteria — Designation —
Recession
3.90.040 Tax Exemption for Multi - Family Housing in Residential
Targeted Areas Authorized
3.90.050 Project Eligibility
3.90.060 Application Procedure — Fee
3.90.070 Application Review — Issuance of Conditional Certificate —
Denial — Appeal
3.90.080 Extension of Conditional Certificate
3.90.090 Final Certificate — Application — Issuance — Denial — Appeal
3.90.100 Annual Certification
3.90.110 Appeals to the Hearing Examiner
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Section 3. Tukwila Municipal Code (TMC) Section 3.90.010 is hereby established
to read as follows:
3.90.010 Purpose
The purposes of this chapter are:
1. To encourage increased residential opportunities, including affordable
housing opportunities, and to stimulate the construction of new multi - family housing
within a portion of the Tukwila Urban Center's Transit Oriented Development district.
2. To accomplish the planning goals required under the Washington State
Growth Management Act, Chapter 36.70A RCW and Countywide Planning Policies as
implemented by the City's Comprehensive Plan.
Section 4. TMC Section 3.90.020 is hereby established to read as follows:
3.90.020 Definitions
As used in this chapter, unless the context or subject matter clearly requires otherwise,
the words or phrases defined in this section shall have the indicated meanings:
A. "Administrator" shall mean the Economic Development Administrator of the City
of Tukwila or his /her designee.
B. "Affordable housing" means residential housing that is rented by a person or
household whose monthly housing costs, including utilities other than telephone, do not
exceed 30 percent of the household's monthly income. For the purposes of housing
intended for owner occupancy, "affordable housing" means residential housing that is
within the means of low- or moderate- income households.
C. "High cost area" means a county where the third quarter median house price
for the previous year as reported by the Washington Center for Real Estate Research at
Washington State University is equal to or greater than 130 percent of the statewide
median house price published during the same time period.
D. "Household" means a single person, family, or unrelated persons living
together.
E. "Low- income household" means a single person, family, or unrelated persons
living together whose adjusted income is at or below 80 percent of the median family
income, adjusted for family size, for the county where the project is located, as reported
by the United States Department of Housing and Urban Development. For cities
located in high -cost areas, "low- income household" means a household that has an
income at or below 100 percent of the median family income adjusted for family size, for
the county where the project is located.
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140
F. "Moderate- income household" means a single person, family, or unrelated
persons living together whose adjusted income is more than 80 percent but is at or
below 115 percent of the median family income, adjusted for family size, for the county
where the project is located, as reported by the United States Department of Housing
and Urban Development. For cities located in high -cost areas, "moderate- income
household" means a household that has an income that is more than 100 percent, but
at or below 150 percent, of the median family income adjusted for family size, for the
county where the project is located.
G. "Multi- family housing" means a building having four or more dwelling units not
designed or used as transient accommodations and not including hotels and motels.
Multi- family units may result from new construction or rehabilitation or conversion of
vacant, underutilized, or substandard buildings to multi - family housing.
H. "Owner" means the property owner of record.
I. "Owner occupied" means a residential unit that is rented for fewer than 30 days
per calendar year.
J. "Permanent residential occupancy" means multi - family housing that is either
owner occupied or rented for periods of at least one month.
K. "Residential targeted area" means the area within the boundary as designated
by TMC Section 3.90.030.
L. "Urban Center" means a compact, identifiable district where urban residents
may obtain a variety of products and services. An urban center must contain:
1. Several existing or previous, or both, business establishments that may
include but are not limited to shops, offices, banks, restaurants, governmental agencies;
2. Adequate public facilities including streets, sidewalks, lighting, transit,
domestic water, and sanitary sewer systems; and
3. A mixture of uses and activities that may include housing, recreation, and
cultural activities in association with either commercial or office or both uses.
Section 5. TMC Section 3.90.030 is hereby established to read as follows:
3.90.030 Residential Targeted Area — Criteria — Designation — Recession
A. The boundary of the residential targeted area is that portion of the Tukwila
Urban Center zone's Transit Oriented Development district that lies west of the Green
River as shown in Figure A.
B. If a part of any legal lot is within the residential targeted area, then the entire lot
shall be deemed to lie within such residential targeted area.
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Section 6. TMC Section 3.90.040 is hereby established to read as follows:
3.90.040 Tax Exemption for Multi - Family Housing in Residential Targeted
Areas Authorized
A. Duration of Exemption. The value of improvements qualifying under this
chapter will be exempt from ad valorem property taxation, as follows:
1. For 8 successive years beginning January 1 of the year immediately
following the calendar year of issuance of the certificate of tax exemption; or
2. For 12 successive years beginning January 1 of the year immediately
following the calendar year of issuance of the certificate of tax exemption, if the property
otherwise qualifies for the exemption under Chapter 84.14 RCW and meets the
conditions in this subsection. For the property to qualify for the 12 -year exemption
under this subsection, the applicant must commit to renting or selling at least 20 percent
of the multi - family housing units as affordable housing units to low- and moderate -
income households. In the case of the projects intended exclusively for owner
occupancy, the minimum requirement of this subsection may be satisfied solely through
housing affordable to moderate - income households.
B. Limits of Exemption.
1. The property tax exemption does not apply to the value of land or to the
value of non - housing - related improvements not qualifying under RCW 84.14.
2. This chapter does not apply to increases in assessed valuation made by
the assessor on non - qualifying portions of building and value of land, nor to increases
made by lawful order of the King County Board of Equalization, the Department of
Revenue, or King County, to a class of property throughout the county or specific area
of the county to achieve uniformity of assessment of appraisal required by law.
3. The property tax exemption only applies to the value of improvements used
for permanent residential occupancy.
Section 7. TMC Section 3.90.050 is hereby established to read as follows:
3.90.050 Project Eligibility
A. To be eligible for exemption from property taxation under this chapter, the
residential units must satisfy all of the following criteria:
1. The units must be located in the residential targeted area.
2. The units must be within a residential or mixed -use structure containing at
least four dwelling units.
3. The units must have an average size of at least 500 square feet per unit.
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4. A minimum of 15 percent of the units must be at least 900 square feet and
contain at least two bedrooms.
5. The units must be designed and used for permanent residential occupancy.
6. Each unit must have its own private bathroom and private kitchen.
Residential projects that utilize common kitchens and /or common bathrooms are not
eligible.
7. The entire property shall comply with all applicable zoning requirements,
land use regulations, environmental requirements, building codes and fire code
requirements, as outlined in the Tukwila Municipal Code.
8. The units must be constructed and receive a certificate of occupancy after
this ordinance takes effect
9. The units must be completed within 3 years from the date of issuance of
the conditional certificate of acceptance of tax exemption by the City, or within
authorized extension of this time limit.
B. In addition to the requirements listed in TMC Section 3.90.050 (A), residential
units that request the 12 -year property tax exemption, as permitted by TMC Section
3.90.040 (A)(2), must also satisfy the following requirements:
1. The mix and configuration of housing units (e.g., studio, one - bedroom, two -
bedroom, etc.) used to meet the requirement for affordable units under TMC Section
3.90.050 shall be substantially proportional to the mix and configuration of the total
housing units in the project.
2. For owner - occupied projects, the contract with the City required under TMC
Section 3.90.070 shall identify which units meet the affordability criteria.
Section 8. TMC Section 3.90.060 is hereby established to read as follows:
3.90.060 Application Procedure — Fee
A. The owner of property applying for exemption under this chapter shall submit
an application to the Administrator, on a form established by the Administrator. The
owner shall verify the contents of the application by oath or affirmation. The application
shall contain the following information:
1. A brief written description of the project, including phasing if applicable, that
states which units are proposed for the exemption and whether the request is for 8 or 12
years.
2. Preliminary schematic site and floor plans of the multi - family units and the
structure(s) in which they are proposed to be located.
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3. A table of all units in the project listing unit number, square footage, unit
type (studio, one bedroom, etc.), and indicating those proposed for the exemption.
4. If applicable, information describing how the applicant will comply with the
affordability requirements in TMC Sections 3.90.040 and 3.90.050.
5. A statement from the owner acknowledging the potential tax liability when
the property ceases to be eligible for exemption under this chapter.
6. Any other information deemed necessary or useful by the Administrator
B. At the time of application under this section, the applicant shall pay to the City
an initial application fee of $500 or as otherwise established by ordinance or resolution.
If the application is denied, the City may retain that portion of the application fee
attributable to its own administrative costs and refund the balance to the applicant.
C. The complete application shall be submitted any time before, but no later than,
the date the certificate of occupancy is issued under Title 16 of the Tukwila Municipal
Code.
D. After December 31, 2016, the City will no longer accept applications.
Section 9. TMC Section 3.90.070 is hereby established to read as follows:
3.90.070 Application Review — Issuance of Conditional Certificate — Denial
— Appeal
A. The Administrator shall approve or deny an application under this chapter
within 90 days of receipt of the complete application. The Administrator shall use the
criteria listed in TMC Chapter 3.90 and Chapter 84.14 RCW to review the proposed
application. If the application is approved, the owner shall enter into a contract with the
City regarding the terms and conditions of the project and eligibility for exemption under
this Chapter. The Mayor shall be the authorized signatory to enter into the contract on
behalf of the City. Following execution of the contract, the Administrator shall issue a
conditional certificate of acceptance of tax exemption. The certificate must contain a
statement by the Administrator that the property has complied with the required finding
indicated in RCW 84.14.060The conditional certificate shall expire 3 years from the date
of approval unless an extension is granted as provided in this chapter.
B. If the application is denied, the Administrator shall issue a Notice of Denial
stating in writing the reasons for the denial and send the Notice of Denial to the
applicant's last known address within 10 days of the denial.
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C. An applicant may appeal the Administrator's notice of denial of the application
to the City Council by filing a notice of appeal with the City Clerk within 30 days of
receipt of the Administrator's notice of denial and paying a fee of $500 or as otherwise
established by ordinance or resolution. The appellant shall provide a statement
regarding the basis for the appeal. The closed record appeal before the City Council
shall be based upon the record before the Administrator, and the Administrator's
decision shall be upheld unless the applicant can show that there is no substantial
evidence on the record to support the Administrator's decision. The City Council
decision on appeal is final.
Section 10. TMC Section 3.90.080 is hereby established to read as follows:
3.90.080 Extension of Conditional Certificate
The conditional certificate may be extended by the Administrator for a period not to
exceed 24 consecutive months. The applicant shall submit a written request stating the
grounds for the extension, together with a fee as established by ordinance or resolution.
The Administrator may grant an extension if the Administrator determines that:
1. The anticipated failure to complete construction or rehabilitation within the
required time period is due to circumstances beyond the control of the owner;
2. The owner has been acting and could reasonably be expected to continue
to act in good faith and with due diligence; and
3. All the conditions of the original contract between the owner and the City
will be satisfied upon completion of the project.
Section 11. TMC Section 3.90.090 is hereby established to read as follows:
3.90.090 Final Certificate — Application — Issuance — Denial — Appeal
A. After completion of construction as provided in the contract between the owner
and the City, after issuance of a certificate of occupancy and prior to expiration of the
conditional certificate of exemption, the applicant may request a final certificate of tax
exemption. The applicant shall file with the Administrator such information as the
Administrator may deem necessary or useful to evaluate eligibility for the final
certificate, and shall include:
1. A statement of expenditures made with respect to each multi - family
housing unit, including phasing if applicable, and the total expenditures made with
respect to the entire property.
2. A description of the completed work and a statement of qualification for the
exemption
3. A statement that the work was completed within the required 3 -year period
or any approved extension.
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4. If applicable, information on the applicant's compliance with the affordability
requirements in TMC Sections 3.90.040 and 3.90.050.
B. Within 30 days of receipt of all materials required for a final certificate, the
Administrator shall determine whether the completed work is consistent with the
application and contract approved by the Mayor and is qualified for limited exemption
under Chapter 84.14 RCW, and which specific improvements completed meet the
requirements of this chapter and the required findings of RCW 84.14.060.
C. If the Administrator determines that the project has been completed in
accordance with TMC Section 3.90.090 (A), the City shall file a final certificate of tax
exemption with the assessor within 10 days of the expiration of the 30 -day period
provided under TMC Section 3.90.090 (B).
D. The Administrator is authorized to cause to be recorded, or to require the
applicant or owner to record, in the real property records of the King County Department
of Records and Elections, the contract with the City required under TMC Section
3.90.070 and such other document(s) as will identify such terms and conditions of
eligibility for exemption under this chapter as the Administrator deems appropriate for
recording, including requirements under this chapter relating to affordability of units.
E. The Administrator shall notify the applicant in writing that the City will not file a
final certificate if the Administrator determines that the project was not completed within
the required 3 -year period or any approved extension, or was not completed in
accordance with TMC Section 3.90.090 (B); or if the Administrator determines that the
owner's property is not otherwise qualified under this chapter or if the owner and the
Administrator cannot agree on the allocation of the value of the improvements allocated
to the exempt portion of rehabilitation improvements, new construction and multi -use
new construction.
F. The applicant may appeal the City's decision to not file a final certificate of tax
exemption to the City's Hearing Examiner within 30 days of issuance of the
Administrator's notice as outlined in TMC Section 3.90.110.
Section 12. TMC Section 3.90.100 is hereby established to read as follows:
3.90.100 Annual Certification
A. A residential unit or units that receive a tax exemption under this chapter shall
continue to comply with the contract and the requirements of this chapter in order to
retain its property tax exemption.
B. Within 30 days after the first anniversary of the date the City filed the final
certificate of tax exemption and each year for the tax exemption period, the property
owner shall file a certification with the Administrator, verified upon oath or affirmation,
which shall contain such information as the Administrator may deem necessary or
useful, and shall include the following information:
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1. A statement of occupancy and vacancy of the multi - family units during the
previous year.
2. A certification that the property has not changed use since the date of filing
of the final certificate of tax exemption and continues to be in compliance with the
contract with the City and the requirements of this chapter.
3. A description of any improvements or changes to the property made after
the filing of the final certificate or last declaration, as applicable.
4. If applicable, information demonstrating the owner's compliance with the
affordability requirements of TMC Sections 3.90.040 and 3.90.050, including:
a. The total monthly rent or total sale amount of each unit; and
b. The income of each renter household at the time of initial occupancy
and the income of each initial purchaser of owner - occupied units at the time of purchase
for each of the units receiving a tax exemption.
5. The value of the tax exemption for the project.
6. Any additional information requested by the City in regard to the units
receiving a tax exemption (pursuant to meeting any reporting requirements under
Chapter 84.14 RCW).
C. Failure to submit the annual declaration may result in cancellation of the tax
exemption pursuant to this section.
D. For the duration of the exemption granted under this chapter, the property shall
have no violation of applicable zoning requirements, land use regulations, building
codes, fire codes, and housing codes contained in the Tukwila Municipal Code for which
the designated City department shall have issued a Notice and Order and that is not
resolved within the time period for compliance provided in such Notice and Order.
E. For owner - occupied affordable units, in addition to any other requirements in
this Chapter, the affordable owner - occupied units must continue to meet the income
eligibility requirements of TMC Section 3.90.040. In the event of a sale of an affordable
owner - occupied unit to a household other than an eligible household, or at a price
greater than prescribed in the contract referenced in TMC Section 3.90.070, the
property tax exemption for that affordable owner - occupied unit shall be canceled
pursuant to this section.
F. For property with renter - occupied dwelling units, in addition to any other
requirements in this chapter, the affordable renter - occupied units must continue to meet
the income eligibility requirements of TMC Section 3.90.040. In the event of a rental of
an affordable renter - occupied unit to a household other than an eligible household, or at
a rent greater than prescribed in the contract referenced in TMC Section 3.90.040, the
property tax exemption for the property shall be canceled pursuant to this section.
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G. If the owner converts the multi - family housing to another use, the owner shall
notify the Administrator and the County Assessor within 60 days of the change in use.
Upon such change in use, the tax exemption shall be canceled pursuant to this section.
H. The Administrator shall cancel the tax exemption for any property or individual
unit that no longer complies with the terms of the contract or with the requirements of
this chapter. Upon cancellation, additional taxes, interest and penalties shall be
imposed pursuant to state law. Upon determining that a tax exemption shall be
canceled, the Administrator shall notify the property owner by certified mail, return
receipt requested. The property owner may appeal the determination by filing a notice
of appeal within 30 days of the date of notice of cancellation, specifying the factual and
legal basis for the appeal. The appeal shall be heard by the Hearing Examiner pursuant
to TMC Section 3.90.110.
Section 13. TMC Section 3.90.110 is hereby established to read as follows:
3.90.110 Appeals to the Hearing Examiner
A. The City's Hearing Examiner is provided jurisdiction to hear appeals of the
decisions of the Administrator to deny issuance of a final certificate of tax exemption or
cancel tax exempt status. All appeals shall be closed record and based on the
information provided to the Administrator when the administrative decision was made.
B. The Hearing Examiner's procedures, as adopted by City Council resolution,
shall apply to hearings under this chapter to the extent they are consistent with the
requirements of this chapter and Chapter 84.14 RCW. The Hearing Examiner shall give
substantial weight to the Administrator's decision and the burden of proof shall be on
the appellant. The decision of the Hearing Examiner constitutes the final decision of the
City. An aggrieved party may appeal the decision to Superior Court under RCW
34.05.510 through 34.05.598 if the appeal is properly filed within 30 days of the date of
the notification by the City to the appellant of that decision.
Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 15. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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147
148
Section 16. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Figure A, "City of Tukwila Multi- Family Property Tax Exemption
Residential Targeted Area"
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City of Tukwila
Multi-Family Property Tax Exemption
Residential Targeted Area
II
Target Parcels
Zoning Code
TUC-TOD Zone
FigurM
150
COUNCIL AGENDA SYNOPSIS
Meet i ii Dale
Prepared by
illayorc review
Comi 1 relq. all
11/24/14
JT
.,,,,,
C;
12/01/14
JT
Ordinance
All,. Tile
Bid Award
AII Date
1 I Public f learinA
Al/r;/)air
OMR.
A1/,g Oak
CV1H ( )RY Discussion
HI
,tirg Date
l■11L;
)NS )R Council Mayor 1 IR 1)CO l'inance 1 'ire _ IT Rea Police _ I) V
SI>c )NS( R'S Authorize the Mayor to sign a contract with PBS Engineering & Environmental for Design
Si'NINE\Ry Engineering Services Demolition Services Phase 1 for the Great Bear, Boulevard, Spruce
and Travelers Choice Motels
ITEM INFORMATION
ITEM No.
6.G.
151
STAN,' SPoNs( )R: JOYCE TRANTINA
ORIGINAL A( ft;NDA DATk: 11/24/14
A(TIN OA HEM TITLE
A contract
PBS Engineering + Environmental for Motel Demolition Services Phase 1
I1/24/14
Motion
Oak 12/01/14
Resolution
AI ly, Dau
Ordinance
All,. Tile
Bid Award
AII Date
1 I Public f learinA
Al/r;/)air
OMR.
A1/,g Oak
CV1H ( )RY Discussion
HI
,tirg Date
l■11L;
)NS )R Council Mayor 1 IR 1)CO l'inance 1 'ire _ IT Rea Police _ I) V
SI>c )NS( R'S Authorize the Mayor to sign a contract with PBS Engineering & Environmental for Design
Si'NINE\Ry Engineering Services Demolition Services Phase 1 for the Great Bear, Boulevard, Spruce
and Travelers Choice Motels
RivitAVI1) HY COW Mtg. CA&P Cmte
Utilities Crnte I 1 Arts Comm.
DATF: 11/18/2014
11 F&S Cmte
1 1 Transportation Cmtc
Comm. 1 1 Planning Comm.
CI IAIR: SEAL
_ Parks
CO MMITIIII';
RECOMMENDATIONS:
Si )NS(
ComNIITITE
Mayor's Office
Unanimous Approval; Forward to Committee of he Whole
COST IMPACT / FUND SOURCE
riXTUNDITUltr: RI,;()JIIRED AMOUNT BuDGFTED APPROPRIATION REQUIRED
Fund Source:
("miunetirs:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum from Joyce Trantina dated 11/12/14
Draft Contract
Minutes from the Finance and Safety Committee Meeting of 11/18/14
12/1/14
No attachments
151
152
COUNCIL AGENDA SYNOPSIS
Initia/5
Mee/in g 1) ale
Prepared 12y
Mayor ;■• review
Giulia' 1 rettiew
11/24/14
JFS
zWoion
AND ate
12/01/14
JFS
Ptiblet I leartirg
ANDate
Other
A1 tg D au
c \ i i ( ,( no
111p Date
Si )( )1,,,,oR [ Council — Mayor — HR IX,D U I 'mance • 1 /re IT 7 P&R ___ Po/he PW
spoNm)R':-, The City currently assesses a 10% tax rate on the revenues of City operated facilities. The
Si '11N1 \ RY tax is set to end Dec. 31, 2015. Staff is recommending a 6-year extension to the existing
utility tax on City operated utilities.
RI \II \x i i ' COW Mtg CA&P Crnre
1 Utilities Cmtc _ Art,, Comm
1)A, 117. 11/18/2014
l'&S
&me I 1Transportation Crnte
Comm 1 1 Planning Comm
(21 LAIR: SEAL
Parks
commyrriT:
ITEM INFORMATION
ITEM No.
6.H.
153
SI \I I, SPON;,()R PEGGY MCCARTHY
ORR;IN, \I J\ GI Ni) \ D \ II- 11/24/14
Acd Ni) \ inii Tii'iil
Interfund Utility Tax Extension
11/24/14
zWoion
AND ate
_ Re■oliilton
Altgl)ate
Z Oreillhilltr'
AN Date 12/01/14
13id /12Pard
AND ate
Ptiblet I leartirg
ANDate
Other
A1 tg D au
c \ i i ( ,( no
111p Date
Si )( )1,,,,oR [ Council — Mayor — HR IX,D U I 'mance • 1 /re IT 7 P&R ___ Po/he PW
spoNm)R':-, The City currently assesses a 10% tax rate on the revenues of City operated facilities. The
Si '11N1 \ RY tax is set to end Dec. 31, 2015. Staff is recommending a 6-year extension to the existing
utility tax on City operated utilities.
RI \II \x i i ' COW Mtg CA&P Crnre
1 Utilities Cmtc _ Art,, Comm
1)A, 117. 11/18/2014
l'&S
&me I 1Transportation Crnte
Comm 1 1 Planning Comm
(21 LAIR: SEAL
Parks
commyrriT:
RECOMMENDATIONS:
SpoNN)R/ADNIIN.
Com \111'111
Finance
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
1-.11 NDI 1 1 Ril Ri/L no i) AMOUNE Buix,i II D AIRoIR1ArioN REQUIRED
$ $
Fund Source:
('eninierib
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/4/2014
Ordinance in Draft Form
Minutes from the Finance and Safety Committee meeting of 11/18/14
12/01/14
Final ordinance
153
154
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON; AMENDING ORDINANCE
NOS. 2298 §1 (PART) AND 2258 §3, AS CODIFIED AT
TUKWILA MUNICIPAL CODE SECTION 3.54.030,
EXTENDING THE CITY UTILITY TAX SUNSET
PROVISION; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, at the time Ordinance No. 2298 was passed, the City Council wished to
extend the sunset provision for the collection of City utility taxes to December 31, 2015;
and
WHEREAS, the City Council and Mayor have reviewed the current General Fund
status and operating budget and determined that it is in the best interest of the citizens
of Tukwila to extend the current sunset provision to 2021;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 3.54.030 Amended. Ordinance Nos. 2298 §1 (part) and
2258 §3, as codified at Tukwila Municipal Code Section 3.54.030, are hereby amended
as follows:
3.54.030 Tax Rate
A. There is levied upon water, sewer and surface water utilities, taxes in the
amount to be determined by the application of rates given against gross earnings as
follows:
1. Upon the City water, sewer and surface water funds, a tax equal to 15% of
the total gross revenue from such business from all customers in the City during the
period for which the tax is due. Such tax shall be effective from December 31, 2008
through April 30, 2010.
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156
2. Upon the City water, sewer and surface water funds, a tax equal to 10% of
the total gross revenue from such business from all customers in the City during the
period for which the tax is due. Such tax shall be effective from May 1, 2010 through
December 31, 2021.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
W: Word Processing \Ordin
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
noes \Utility tax sunset extension 11-25-14
Page 2 of 2
COUNCIL AGENDA SY1VOPSIS
1coligg Dah,
Pnp6irce1 by
2'ors re piew
Cow Ihil rei,iew
11/17/14
PMc
11/24/14
PMc
12/01/14
PMc
, C
SI'( )\( ,( )R 1 1 Coitmil 1 1 A4a)or I I I IR
lie IT lk%-lt. Police PIF
IKI) 11 I mint c 1 I
S Pc )N.( .)R':, On September 2, 2014, the Council approved a financing plan for the TIB Redevelopment
Sr\INI\R) Project (Resolution #1841). A financing proposal with both a short and a long term
component is being presented consistent with the approved plan.
R[\ 11 NN I I) I' Mtg CA&POnte Z I'& Cmic I tansportattot) (ate
I I I Itilitic-, Cmte Arts Comm. Park,' Comm Planning Comm.
COMM-1111;11 CI 'AIR.
ITEM INFORMATION
ITEM No.
6.1.
S1 '\H I SI)( )Nm )R: PEGGY MCCARTHY
ORK,IN \I, AGI NI) \ D \ 11 : 11/17/14
\c,i \ t) \ 111 NI 1111 1 A financing proposal for the TIB Redevelopment Project comprised of approximately
$2.25M of short term debt and approximately $3.85M of long term debt.
11/17/14
.110110n
AlIc, I )die
R1
i1111)(111
Oalmume
AlIgl)(th e 12/01/14
_131(1 ,l)Pard
,1111),ile
1 1 P,th// I learint;
ANI )a/r
Oilier
'11/f Dal RAU /14
r \1 I (,()R) U. 1 )i■a1111011
,\11 pale
SI'( )\( ,( )R 1 1 Coitmil 1 1 A4a)or I I I IR
lie IT lk%-lt. Police PIF
IKI) 11 I mint c 1 I
S Pc )N.( .)R':, On September 2, 2014, the Council approved a financing plan for the TIB Redevelopment
Sr\INI\R) Project (Resolution #1841). A financing proposal with both a short and a long term
component is being presented consistent with the approved plan.
R[\ 11 NN I I) I' Mtg CA&POnte Z I'& Cmic I tansportattot) (ate
I I I Itilitic-, Cmte Arts Comm. Park,' Comm Planning Comm.
COMM-1111;11 CI 'AIR.
RECOMMENDATIONS:
SI)( )N( )R/A1),\IIN
(A)Nt\iir111
Finance Department
NiA
COST IMPACT / FUND SOURCE
1/pi N1)111.'1(1 RI (.,21. 1 1) AMOI.IN I 131_11)61 II D APPROPRIA I ION RI QUIRI I)
$ $
Fund Source: MISCELLANEOUS FUNDING SOURCES, SEE DETAIL
Comments
MTG. DATE
RECORD OF COUNCIL ACTION
11/17/14
Presentation provided
Forward to next Regular
to Council
Meeting
11/24/14
12/1/14
MTG. DATE
ATTACHMENTS
11/17/14
Informational Memorandum dated 11-12-14
Attachments: PFM Memorandum and Exhibits A - E,
Resolution 1841 - TIB Redevelopment Project Financing P an
11/24/14
Informational Memorandum dated 11/19/14
2 Ordinances
12/01/14
Final ordinances
157
158
zions bank
Citv of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO CONTRACTING
INDEBTEDNESS; PROVIDING FOR THE ISSUANCE, SALE AND
DELIVERY OF $3,850,000 AGGREGATE PRINCIPAL AMOUNT OF
LIMITED TAX GENERAL OBLIGATION BONDS TO PROVIDE
FUNDS TO CARRY OUT LAND ACQUISITION AND CAPITAL
COSTS OF REDEVELOPMENT ACTIVITIES WITHIN THE CITY'S
URBAN RENEWAL AREA, AND TO PAY THE COSTS OF
ISSUANCE AND SALE OF THE BONDS; FIXING CERTAIN TERMS
AND COVENANTS OF THE BONDS; AND PROVIDING FOR
OTHER RELATED MATTERS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Determinations. The City takes note of the following
facts and makes the following findings and determinations:
(a) Authority and Description of Project. The City has previously passed
Ordinance No. 1898 designating an urban renewal area and finding that certain blighted
property exists within that area requiring the exercise of community renewal powers
under Chapter 35.81 RCW. The City is in need of funds to carry out those community
renewal powers including, but not limited to, land acquisition, demolition, site
preparation and other related redevelopment powers and costs incidental thereto. The
City Council therefore finds that it is in the best interests of the City to issue the Bonds
to finance the Project.
(b) Plan of Financing. Pursuant to applicable law, including, without limitation,
Chapters 35.37, 35.81, 35A.40, 39.36, 39.44 and 39.46 RCW, the City is authorized to
issue general obligation bonds for the purpose of financing the Project. The total
expected cost of the Project is approximately $6,100,000, which is expected to be made
up of proceeds of the Bonds, loans, grants and other available money of the City.
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160
(c) Debt Capacity. The maximum amount of indebtedness authorized by this
ordinance is $3,850,000. Based on the following facts, this amount is to be issued
within the amount permitted to be issued by the City for general municipal purposes
without a vote:
(1) The assessed valuation of the taxable property within the City as
ascertained by the last preceding assessment for City purposes for collection in the
calendar year 2014 is $4,756,373,688.
(2) As of November 1, 2014, the City has limited tax general obligation
indebtedness, consisting of bonds, notes, leases and conditional sales contracts
outstanding in the principal amount of $21,307,728, which is incurred within the limit of
up to 1'/2% of the value of the taxable property within the City permitted for general
municipal purposes without a vote.
(3) As of November 1, 2014, the City has no unlimited tax general obligation
indebtedness for general municipal purposes; for City -owned water, artificial light, and
sewers; and for acquiring or developing open space, park facilities, and capital facilities
associated with economic development.
(d) The Bonds. For the purpose of providing the funds necessary to carry out the
Project and to pay the costs of issuance and sale of the Bonds, the City Council finds
that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to
the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement
consistent with this ordinance.
Section 2. Definitions. As used in this ordinance, the following capitalized terms
shall have the following meanings:
(a) "Authorized Denomination" means $1,000 or any integral multiple thereof within
a maturity.
(b) "Bond" means each bond issued pursuant to and for the purposes provided in
this ordinance.
(c) "Bond Counsel' means the firm of Foster Pepper PLLC, its successor, or any
other attorney or firm of attorneys selected by the City with a nationally recognized
standing as bond counsel in the field of municipal finance.
(d) "2014 Bond Account' means the Limited Tax General Obligation Bond Account,
2014, of the City created for the payment of the principal of and interest on the Bonds.
(e) "Bond Purchase Agreement' means an offer to purchase the Bonds, setting
forth certain terms and conditions of the issuance, sale and delivery of those Bonds,
which offer the designated representative is authorized to accept if consistent with this
ordinance.
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(f) "Bond Register" means the books or records maintained by the Bond Registrar
for the purpose of identifying ownership of each Bond.
(g) "Bond Registrar" means the Fiscal Agent, or any successor bond registrar
selected by the City.
(h) "City' means the City of Tukwila, Washington, a municipal corporation . duly
organized and existing under the laws of the State.
(i) "City Council' means the legislative authority of the City, as duly and regularly
constituted from time to time.
(j) "Code" means the United States Internal Revenue Code of 1986, as amended,
and applicable rules and regulations promulgated thereunder.
(k) "Finance Director" means the Finance Director or such other officer of the City
who succeeds to substantially all of the responsibilities of that office.
(I) "Fiscal Agent" means the fiscal agent of the State, as the same may be
designated by the State from time to time.
(m) "Issue Date" means, with respect to a Bond, the date of initial issuance and
delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond.
(n) "MSRB" means the Municipal Securities Rulemaking Board.
(o) "Project" means capital expenditures relating to the exercise of community
renewal powers under chapter 35.81 RCW within the urban renewal area designated by
the City in Ordinance No. 1898, including but not limited to land acquisition, demolition,
site preparation and other redevelopment activities, and any incidental costs associated
with the foregoing, all as deemed necessary and advisable by the City Council. The
term "land" includes all real property and all appurtenant improvements, structures and
interests therein.
(p) "Purchaser" means Zions First National Bank of Salt Lake City, Utah.
(q) "Record Date" means the Bond Registrar's close of business on the 15th day of
the month preceding an interest payment date. With respect to redemption of a Bond
prior to its maturity, the Record Date shall mean the Bond Registrar's close of business
on the date on which the Bond Registrar sends the notice of redemption in accordance
with Section 8.
(r) "Registered Owner" means, with respect to a Bond, the person in whose name
that Bond is registered on the Bond Register.
(s) "State" means the State of Washington.
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161
162
(t) "System of Registration" means the system of registration for the City's bonds
and other obligations set forth in Ordinance No. 1338 of the City.
(u) "Term Bond" means each Bond designated as a Term Bond and subject to
mandatory redemption in the years and amounts set forth in the Bond Purchase
Agreement.
(v) "Urban Renewal Project Fund' means the Facilities Fund 302 of the City
created for the purpose of carrying out the Project.
Section 3. Authorization and Description of Bonds. The City is authorized to
borrow money on the credit of the City and issue negotiable limited tax general
obligation bonds evidencing indebtedness in the aggregate principal amount of
$3,850,000 to provide funds necessary to carry out the Project and to pay the costs of
issuance and sale of the Bonds. The proceeds of the Bonds allocated to paying the
cost of the Project shall be deposited as set forth in Section 7 of this ordinance and shall
be used to carry out the Project, or a portion of the Project, in such order of time as the
City determines is advisable and practicable.
The Bonds shall be called the City of Tukwila, Washington, Limited Tax General
Obligation Bonds, 2014 (Taxable), and shall be issued in the aggregate principal
amount of $3,850,000. The Bonds shall be dated the Issue Date; shall be issued in
Authorized Denominations; and shall be numbered separately in the manner and with
any additional designation as the Bond Registrar deems necessary for purposes of
identification.
The Bonds are serial and term in form and shall mature on the dates and in the
principal amounts set forth in Exhibit A, which is attached to this ordinance and
incorporated by this reference. The Bonds shall bear interest at the fixed rates per
annum, which shall reset as set forth in Exhibit A, and are payable on the dates set forth
in Exhibit A. Interest on the Bonds will be paid on each June 1 and December 1,
beginning June 1, 2015. Interest will be computed on the basis of a 360 -day year
consisting of twelve 30 -day months.
Section 4. Bond Registrar; Registration and Transfer of Bonds.
(a) Registration of Bonds. Each Bond shall be issued only in registered form as
to both principal and interest and the ownership of each Bond shall be recorded on the
Bond Register. The Bonds will be initially registered in the name of the Purchaser and
will not be registered through a securities depository.
(b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond
Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the
registration and transfer of the Bonds, which shall be open to inspection by the City at
all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and
deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds
and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all
of the Bond Registrar's powers and duties under this ordinance and the System of
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Registration. The Bond Registrar shall be responsible for its representations contained
in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar
may become an owner with the same rights it would have if it were not the Bond
Registrar and, to the extent permitted by law, may act as depository for and permit any
of its officers or directors to act as members of, or in any other capacity with respect to,
any committee formed to protect the rights of owners.
(c) Bond Register; Transfer and Exchange. The Bond Register shall contain the
name and mailing address of each Registered Owner and the principal amount and
number of each Bond held by each Registered Owner. A Bond surrendered to the
Bond Registrar may be exchanged for a Bond or Bonds in any Authorized
Denomination of an equal aggregate principal amount and of the same interest rate and
maturity. A Bond may be assigned or transferred only in Authorized Denominations and
only if endorsed in the manner provided thereon and surrendered to the Bond Registrar,
accompanied by the representations of the transferor as set forth thereon. Any such
transfer shall be without cost to the owner or transferee and shall be noted in the Bond
Register. The Bond Registrar shall not be obligated to transfer the Registered
Ownership of a Bond during the 15 days preceding any principal or interest payment
date or any prepayment date.
Section 5. Form and Execution of Bonds.
(a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form
consistent with the provisions of this ordinance and State law. Each Bond shall be
signed by the Mayor and the City Clerk, either or both of whose signatures may be
manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall
be impressed or printed thereon. If any officer whose manual or facsimile signature
appears on a Bond ceases to be an officer of the City authorized to sign bonds before
the Bond bearing his or her manual or facsimile signature is authenticated by the Bond
Registrar, or issued or delivered by the City, that Bond nevertheless may be
authenticated, issued and delivered and, when authenticated, issued and delivered,
shall be as binding on the City as though that person had continued to be an officer of
the City authorized to sign bonds. Any Bond also may be signed on behalf of the City
by any person who, on the actual date of signing of the Bond, is an officer of the City
authorized to sign bonds, although he or she did not hold the required office on its Issue
Date.
(b) Authentication. Only a Bond bearing a Certificate of Authentication in
substantially the following form, manually signed by the Bond Registrar, shall be valid or
obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate of
Authentication. This Bond is one of the fully registered City of Tukwila, Washington,
Limited Tax General Obligation Bonds, 2014 (Taxable), described in the Bond
Ordinance." The authorized signing of a Certificate of Authentication shall be
conclusive evidence that the Bond so authenticated has been duly executed,
authenticated and delivered and is entitled to the benefits of this ordinance.
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Section 6. Payment of Bonds. Both principal of and interest on each Bond shall
be payable in lawful money of the United States of America. Interest on each Bond is
payable by electronic transfer on the interest payment date, or by check or draft of the
Bond Registrar mailed on the interest payment date to the Registered Owner at the
address appearing on the Bond Register on the Record Date. Principal of each Bond is
payable upon presentation and surrender of the Bond by the Registered Owner to the
Bond Registrar. The Bonds are not subject to acceleration under any circumstances.
Section 7. Funds and Accounts; Deposit of Proceeds.
(a) 2014 Bond Account. The 2014 Bond Account is created within the City's
general obligation bond repayment fund for the sole purpose of paying principal of and
interest on the Bonds. Bond proceeds in excess of the amounts needed to pay the
costs of the Project and the costs of issuance, if any, shall be deposited into the 2014
Bond Account. All amounts allocated to the payment of the principal of and interest on
the Bonds shall be deposited in the 2014 Bond Account as necessary for the timely
payment of amounts due with respect to the Bonds. The principal of and interest on the
Bonds shall be paid out of the 2014 Bond Account. Until needed for that purpose, the
City may invest money in the 2014 Bond Account temporarily in any legal investment,
and the investment earnings shall be retained in the 2014 Bond Account and used for
the purposes of that fund.
(b) Project Fund. The Project Fund has been previously created as a fund of the
City for the purpose of paying the costs of the Project. Proceeds received from the sale
and delivery of the Bonds shall be deposited into the Project Fund and used to pay the
costs of the Project and costs of issuance of the Bonds. Until needed to pay such
costs, the City may invest those proceeds temporarily in any legal investment, and the
investment earnings shall be retained in the Project Fund and used for the purposes of
that fund, except that earnings subject to a federal tax or rebate requirement (if
applicable) may be withdrawn from the Project Fund and used for those tax or rebate
purposes.
Section 8. Redemption and Purchase of Bonds.
(a) Optional Redemption and Notice. The Bonds maturing on or after
December 1, 2019 shall be subject to redemption at the option of the City as set forth in
Exhibit A at any time upon written notice to the Registered Owner or Owners of the
Bonds to be redeemed, given at least 30 days prior to the date set for redemption.
(b) Mandatory Redemption. The Term Bond maturing in 2034 shall be redeemed
in annual installments of principal, plus accrued interest, on the dates and in the
amounts as set forth in Exhibit A. If the City opts to redeem any portion of the principal
amount of the Term Bond under the optional redemption provisions of subsection (a),
above, such optional redemption shall be credited against one or more scheduled
mandatory redemption installments for that Term Bond in the manner determined by the
City. The City shall notify the Bond Registrar in writing of its allocation of such credit
prior to the next principal installment payment date.
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(c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of
the outstanding Bonds are to be redeemed under the optional redemption provisions in
subsection (a), above, the City shall select the maturities to be redeemed. All or a
portion of the principal amount of any Bond that is to be redeemed may be redeemed in
any Authorized Denomination. If less than all of the outstanding principal amount of any
Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be
issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of
the Registered Owner) of the same maturity and interest rate in any Authorized
Denomination in the aggregate principal amount to remain outstanding.
Section 9. Failure To Pay Bonds. If the principal of any Bond is not paid when
the Bond is properly presented at its maturity or date fixed for redemption, the City shall
be obligated to pay interest on that Bond at the same rate provided in the Bond from
and after its maturity or date fixed for redemption until that Bond, both principal and
interest, is paid in full or until sufficient money for its payment in full is on deposit in the
2014 Bond Account, or in a trust account established to refund or defease the Bond,
and the Bond has been called for payment by giving notice of that call to the Registered
Owner.
Section 10. Pledge of Taxes. The Bonds constitute a general indebtedness of
the City and are payable from tax revenues of the City and such other money as is
lawfully available and pledged by the City for the payment of principal of and interest on
the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably
pledges that it shall, in the manner provided by law within the constitutional and
statutory limitations provided by law without the assent of the voters, include in its
annual property tax levy amounts sufficient, together with other money that is lawfully
available, to pay principal of and interest on the Bonds as the same become due. The
full faith, credit and resources of the City are pledged irrevocably for the prompt
payment of the principal of and interest on the Bonds and such pledge shall be
enforceable in mandamus against the City.
Section 11. Sale and Delivery of the Bonds.
(a) Approval of Bond Purchase Agreement; Delivery of Bonds. The Finance
Director is appointed as the City's designated representative authorized to accept an
offer to purchase the Bonds pursuant to the terms of a written Bond Purchase
Agreement, to be presented to the City by the Purchaser if such agreement is
consistent with the terms described herein, and with such additional terms and
covenants as she deems advisable.
(b) Preparation, Execution and Delivery of the Bonds. The Bonds will be
prepared at City expense and will be delivered to the Purchaser in accordance with the
Bond Purchase Agreement, together with the approving legal opinion of Bond Counsel
regarding the Bonds.
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Section 12. Financial Reporting Requirements. The City agrees to provide to
the Purchaser:
(i) via the Electronic Municipal Market Access ( "EMMA ") system of the
Municipal Securities Rulemaking Board (the "MSRB "), its annual financial
statements by September 30 of each year prepared (except as noted in the
financial statements) in accordance with applicable generally accepted
accounting principles applicable to local governmental units of the State of
Washington such as the City, as such principles may be changed from time to
time, which statements may be unaudited, provided, that if and when audited
financial statements are prepared and available they will be provided; and
(ii) directly to the Purchaser, such additional financial information as the
Purchaser may reasonably request.
Notwithstanding the foregoing, the City and Purchaser agree and acknowledge that
this paragraph does not and is not intended to constitute an "undertaking" to provide
continuing disclosure under Rule 15c -2(12) of the United States Securities and
Exchange Commission, and the Issuer makes no representation regarding its prior
compliance with any such undertaking that it may have entered into with respect to its
outstanding bonds and obligations.
Section 13. General Authorization and Ratification. The appropriate officers of
the City are severally authorized to take such actions and to execute such documents
as in their judgment may be necessary or desirable to carry out the transactions
contemplated in connection with this ordinance, and to do everything necessary for the
prompt delivery of the Bonds to the Purchaser and for the proper application, use and
investment of the proceeds of the Bonds. All actions taken prior to the effective date of
this ordinance in furtherance of the purposes described in this ordinance and not
inconsistent with the terms of this ordinance are ratified and confirmed in all respects.
Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 15. Severability. The provisions of this ordinance are declared to be
separate and severable. If a court of competent jurisdiction, all appeals having been
exhausted or all appeal periods having run, finds any provision of this ordinance to be
invalid or unenforceable as to any person or circumstance, such offending provision
shall, if feasible, be deemed to be modified to be within the limits of enforceability or
validity. However, if the offending provision cannot be so modified, it shall be null and
void with respect to the particular person or circumstance, and all other provisions of
this ordinance in all other respects, and the offending provision with respect to all other
persons and all other circumstances, shall remain valid and enforceable.
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Section 16. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
&&'/G/'/'
Bond Counsel
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Exhibit A, Description of the Bonds
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Exhibit A
EXHIBIT A
DESCRIPTION OF THE BONDS
Principal Amount:
Purchase Price:
Interest Payment Dates:
Maturity and Interest Rates:
Maturity
(Dec 1)
2015
2016
2017
2018
2019
2020
$3,850,000
$3,850,000 (par amount of the Bonds)
June 1 and December 1, commencing June 1, 2015.
The Bonds shall mature on the dates and bear interest at
the initial rates (computed on the basis of a 360 -day year of
twelve .30 -day months), as follows:
City of Tukwila, Washington
Limited Tax General Obligation Bonds, 2014 (Taxable)
Principal
Amount
$141,000
149,000
150,000
153,000
156,000
160,000
Interest
Rate
0.85%
1.17
1.60
2.17
2.67
3.26
Maturity
(Dec 1)
2021
2022
2023
2024
Principal
Amount
$ 165,000
172,000
179,000
187,000
2034 2,238,000
Interest
Rate
3.93%
4.32
4.63
4.86
2.85(1)
(1) Commencing January 1, 2019, interest on those Bonds maturing December 1, 2034, will
be adjusted to the 5 -year Advance Fixed Bullet Rate, as quoted by the Seattle Federal
Loan Bank from time to time, divided by 0.65, which will remain in effect through and
including December 31, 2024. Commencing January 1, 2025, interest on those Bonds
maturing December 1, 2034, will be adjusted to the 5 -year Advance Fixed Bullet Rate, as
quoted by the Seattle Federal Loan Bank from time to time, divided by 0.65, which will
remain in effect through and including December 31, 2029. Commencing January 1, 2030,
interest on those Bonds maturing December 1, 2034, will be adjusted to the 5 -year
Advance Fixed Bullet Rate, as quoted by the Seattle Federal Loan Bank from time to time,
divided by 0.65, which will remain in effect through and including December 1, 2034.
(e) Optional Redemption:
168
The Bonds maturing on and after December 1, 2020, are
subject to redemption in whole or in part on or after
December 1, 2019, without penalty at any time, upon 30 days
written notice to the Registered Owner(s) of the Bond(s) to be
redeemed.
A -1
(f) Mandatory Redemption: The Bond due on December 1, 2034 will be paid in annual
principal installments, plus accrued interest, on December 1
in the years and amounts as follows:
Term Bonds Maturing 2034
Mandatory Mandatory
Redemption Redemption
Years Amounts
2025 $197,000
2026 202,000
2027 208,000
2028 214,000
2029 220,000
2030 226,000
2031 233,000
2032 239,000
2033 246,000
2034* 253,000
*Maturity.
A -2 169
CERTIFICATION
1, the undersigned, City Clerk of the City of Tukwila, Washington (the "City "), hereby
certify as follows:
1. The attached copy of Ordinance No. (the "Ordinance ") is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the
City held at the regular meeting place thereof on December 1, 2014, as that ordinance
appears on the minute book of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City's official newspaper, which publication date is December 4, 2014.
3. A quorum of the members of the City Council was present throughout the
meeting and a majority of the members voted in the proper manner for the passage of
the Ordinance.
Dated: December 1, 2014.
Zions Bank
170
CITY OF TUKWILA, WASHINGTON
Christy O'Flaherty, MMC, City Clerk
bank of the west
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO CONTRACTING
INDEBTEDNESS; AUTHORIZING THE ISSUANCE OF THE CITY'S
NOT TO EXCEED $2,250,000 PRINCIPAL AMOUNT LIMITED TAX
GENERAL OBLIGATION BOND ANTICIPATION NOTE, 2014
(TAXABLE NON - REVOLVING LINE OF CREDIT), TO PROVIDE
INTERIM FINANCING TO CARRY OUT LAND ACQUISITION AND
CAPITAL COSTS OF REDEVELOPMENT ACTIVITIES WITHIN THE
CITY'S URBAN RENEWAL AREA, AND PAY THE COSTS OF
ISSUANCE AND SALE OF THE NOTE; FIXING THE DATE, FORM,
MATURITY, INTEREST RATE, TERMS AND COVENANTS OF THE
NOTE; APPROVING THE SALE AND DELIVERY OF THE NOTE TO
THE BANK IDENTIFIED HEREIN; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Determinations. The City takes note of the following
facts and makes the findings and determinations set forth below. Capitalized terms
have the meanings given in Section 2.
A. Authority and Description of Project. The City has previously passed
Ordinance No. 1898 designating an urban renewal area and finding that certain blighted
property exists within that area requiring the exercise of community renewal powers
under Chapter 35.81 RCW. The City is in need of funds to carry out those community
renewal powers including, but not limited to, land acquisition, demolition, site
preparation and other related redevelopment powers and costs incidental thereto. The
City Council therefore finds that it is in the best interests of the City to issue the Note
and the Bonds to finance the Project.
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B. Plan of Financing. Pursuant to applicable law, including, without limitation,
Chapters 35.37, 35.81, 35A.40, 39.36, 39.44 and 39.46 RCW, the City is authorized to
issue general obligation bonds for the purpose of financing the Project. The total
expected cost of the Project is approximately $6,100,000, which is expected to be made
up of proceeds of the Bonds authorized herein, additional limited tax general obligation
bonds, and such other loans, grants and other money of the City as may be available.
Pending the issuance of the Bonds authorized herein and obtaining other available
sources of funds, the City is in need of interim financing in the form of the Note
authorized herein.
C. Debt Capacity. The maximum amount of indebtedness authorized by this
ordinance is $2,250,000. Based on the following facts, this amount . is to be issued
within the amount permitted to be issued by the City for general municipal purposes
without a vote:
1. The assessed valuation of the taxable property within the City as
ascertained by the last preceding assessment for City purposes for collection in the
calendar year 2014 is $4,756,373,688.
2. As of November 1, 2014, the City has limited tax general obligation
indebtedness, consisting of bonds, notes, leases and conditional sales contracts
outstanding in the principal amount of $21,307,728, which is incurred within the limit of
up to 1'A2% of the value of the taxable property within the City permitted for general
municipal purposes without a vote.
3. As of November 1, 2014, the City has no unlimited tax general obligation
indebtedness for general municipal purposes; for City -owned water, artificial Tight, and
sewers; and for acquiring or developing open space, park facilities, and capital facilities
associated with economic development.
Section 2. Definitions. As used in this ordinance, the following capitalized terms
have the following meanings:
A. "Authorized lncremenf' means $100,000 or any greater amount.
B. "Authorized Office!" means the Finance Director.
C. "Bank" means Bank of the West, a California banking corporation organized
under the laws of the State of California.
D. "Bonds" means the limited tax general obligation bonds to be issued pursuant
to Section 3.A of this ordinance.
E. "Business Day' means any day except a Saturday, Sunday, or other day, as
determined by the Bank, on which commercial banks are authorized or required by law
to close.
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F. "City' means the City of Tukwila, Washington, a municipal corporation duly
organized and existing under the laws of the State of Washington.
G. "City Council' means the legislative authority of the City, as duly and regularly
constituted from time to time.
H. "Date of Delivery' means the date of the delivery of the Note to the Bank.
I. "Dray✓' means each incremental draw upon the Note in an Authorized
Increment.
J. "Draw Request" means a request for a Draw submitted to the Bank by the
person authorized in Section 4 to make Draws on behalf of the City, in a form attached
to the Line of Credit Agreement.
K. "Event of Default" means an event described as an event of default under the
Line of Credit Agreement.
L. "Fixed Rate" means the higher of (1) the Federal Funds Rate then in effect plus
0.5 %, or (2) Bank's prevailing Prime Rate then in effect.
M. "Interest Rate" means, at the option of the City as designated at the time of
making each Draw on each Draw Request, either (1) a Fixed Rate, or (2) a Variable
Rate.
N. "LIBOR" means the rate per annum (rounded upward, if necessary, to the
nearest 1/1000 of 1 %) determined pursuant to the following formula: LIBOR equals
Base LIBOR divided by (100% minus the LIBOR Reserve Percentage). For such
purposes, (1) "Base LIBOR" means the rate per annum for United States dollar deposits
quoted by the Bank as the Inter -Bank Market Offered Rate, with the understanding that
such rate is quoted by the Bank for the purpose of calculating effective rates of interest
for loans making reference thereto, on the first day of a Variable Rate Term for delivery
of funds on said date for a period of time approximately equal to the number of days in
such Variable Rate Term and in an amount approximately equal to the principal amount
to which such Variable Rate Term applies. The City understands and agrees that the
Bank may base its quotation of the Inter -Bank Market Offered Rate upon such offers or
other market indicators of the Inter -Bank Market as the Bank in its discretion deems
appropriate including, but not limited to, the rate offered for U.S. dollar deposits on the
London Inter -Bank Market; and (2) "LIBOR Reserve Percentage" means any reserve
percentage, as may be prescribed by the Board of Governors of the Federal Reserve
System (or any successor) for "Eurocurrency Liabilities" (as defined in Regulation D of
the Federal Reserve Board, as amended), adjusted by the Bank for expected changes
in such reserve percentage during the applicable Variable Rate Term.
O. "Line of Credit Agreement' means a written agreement between the City and
the Bank setting forth certain terms and conditions of the issuance, sale and delivery of
the Note, and the terms of the line of credit evidenced thereby.
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P. "Maturity Date" means December 1, 2017, which date shall be extended to
December 1, 2018 in accordance with Section 5.
Q. "Note" means the "City of Tukwila, Washington Limited Tax General Obligation
Bond Anticipation Note, 2014 (Taxable Non - Revolving Line of Credit)" authorized by this
ordinance.
R. "Note Repayment Account' means the Limited Tax General Obligation Bond
Anticipation Note Repayment Account, 2014, of the City created for the payment of the
principal of and interest on the Note.
S. "Note Register" means the registration records for the Note maintained by the
Note Registrar.
T. "Note Registrar" means the City Finance Director, whose duties include
registering and authenticating the Note, maintaining the Note Register, transferring
ownership of the Note, and paying the principal of and interest on the Note.
U. "Project" means capital expenditures relating to the exercise of community
renewal powers under Chapter 35.81 RCW within the urban renewal area designated
by the City in Ordinance No. 1898 including, but not limited to, land acquisition,
demolition, site preparation and other redevelopment activities, and any incidental costs
associated with the foregoing, all as deemed necessary and advisable by the City
Council. The term "land" includes all real property and all appurtenant improvements,
structures and interests therein.
V. "Record Date" means the Note Registrar's close of business on the 15th day of
the month preceding an interest payment date. With respect to redemption of a Note
prior to its maturity, the Record Date shall mean the Note Registrar's close of business
on the date on which the Note Registrar provides notice of prepayment.
W. "Registered Owner" means the person in whose name the Note is registered on
the Note Register.
X. "System of Registration" means the system of registration for the City's bonds
and other obligations set forth in Ordinance No. 1338 of the City.
Y. "Urban Renewal Project Fund' means the Facilities Fund 302 of the City
designated for the purpose of carrying out the Project.
Z. "Variable Rate" means a rate per annum that is fixed for a one, three or six
month period, as designated by the City in connection with any Variable Rate Draw,
based on 100% of LIBOR at the start of each period, plus 1.0 %. No LIBOR period
designated by the City may extend beyond the Maturity Date.
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AA. "Variable Rate Period' means a one, three or six month period with respect to a
Draw which is to bear interest at a Variable Rate, to commence on a Business Day and
continue for one, three or six months, as applicable, during which the entire outstanding
principal balance of such Draw shall bear interest determined in relation to LIBOR as
adjusted as provided herein. If any Variable Rate Period would end on a day which is
not a Business Day, then such Variable Rate Period shall be extended, if necessary, to
the next day that is followed by a Business Day, and further provided that, if on the first
day of the last Variable Rate Period applicable hereto the remaining term of this Note is
less than one month, said Variable Rate Period shall be in effect only until the
scheduled maturity date thereof.
Section 3. Authorization of Indebtedness.
A. The Bonds. The City shall borrow money on the credit of the City and issue
negotiable limited tax general obligation bonds evidencing that indebtedness in the
amount of not to exceed $2,250,000 for general City purposes to provide the funds for
the Project and to pay the costs of issuance and sale of the Bonds. The general
indebtedness to be incurred shall be within the limit of up to 11/2% of the value of the
taxable property within the City permitted for general municipal purposes without a vote
of the qualified voters therein.
B. The Note. Pending the issuance of the Bonds and the resale of the
redeveloped properties, the City is authorized to issue the Note in the principal amount
not to exceed $2,250,000 for the Project. The Note shall be designated the Limited Tax
General Obligation Bond Anticipation Note, 2014 (Taxable Non - Revolving Line of
Credit) of the City. It shall be issued in registered form, numbered R -1, dated its date of
delivery to the Bank and mature on the Maturity Date. The aggregate amount of Draws
on the Note shall not exceed $2,250,000. The Note shall not be a revolving facility;
amounts that are drawn under the Note and repaid may not be drawn again.
Section 4. Terms of the Note.
A. Principal; Designation of Officer to Make Draws on Note. The City Council
determines that it is in the best interest of the City that the Finance Director (or her
designee) be authorized to make Draws on the Note in such Authorized Increments and
at such times, and bearing interest at the Interest Rates, as she may in her discretion
determine are necessary or convenient to carrying out the Project. A Draw Request
may be made on any Business Day and will be funded on the same Business Day if
received by the Bank prior to the time set forth in the Line of Credit Agreement.
Principal of the Note is due in full on the Maturity Date, subject to the provisions of
Section 5. Principal may be prepaid prior to the Maturity Date as set forth in Section 6.
B. Interest. Each Draw shall bear interest at the Interest Rate selected by the
City from the Date of each Draw, which shall be computed on the basis of a year of 360
days for the actual number of days elapsed. The City Finance Director shall designate
the Fixed Rate or the applicable Variable Rate Period with respect to each Draw in the
Draw Request. So long as no Event of Default has occurred and is continuing, interest
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176
shall accrue on each Draw at the applicable Interest Rate. Upon the occurrence of an
Event of Default and until such default is cured, the Bank may, at its option, impose the
Default Rate.
Interest on the outstanding principal amount of the Note will be paid quarterly,
beginning April 1, 2015, and each April 1, June 1, September 1 and December 1
thereafter, to and including the Maturity Date. If the first day of a calendar month is not
a Business Day, the payment shall be due on the next succeeding Business Day.
The City may elect to convert any Fixed Rate Draw to a Variable Rate as set forth
in the Line of Credit Agreement, and may convert any Variable Rate Draw to a different
Variable Rate Period or to a Fixed Rate at the expiration of any Variable Rate Period.
Unless the City affirmatively elects a new Variable Rate Period in writing received by the
Bank on or before 2:00 p.m. (Pacific Time) on the last Business Day of a Variable Rate
Period for a specific Draw, the Interest Rate for such Draw shall be renewed for a
successive Variable Rate Period of the same length as the expiring Variable Rate
Period. Notwithstanding the foregoing, the Finance Director may consent to different
terms in the Line of Credit Agreement regarding the Variable Rate Periods and indices
available and regarding conversion of interest rate modes, if she deems the terms in the
Line of Credit Agreement to be in the City's best interests.
C. Commitment Fee. The City agrees to pay a commitment fee of 0.50% on the
average daily balance of the unused portion of the commitment amount (Le., the
maximum stated amount of the Note, less the sum of all Draws) calculated on the basis
of a 360 -day year and the actual days elapsed. The commitment fee shall be payable
quarterly in arrears on each interest payment date, commencing on April 1, 2015.
D. Finding. The City Council finds and determines that the rate or rates of
interest, the standards for the indices for the variable interest rates, and the commitment
fee described in this ordinance are in the best interest of the City.
Section 5. Term Out Provision. If, on the Maturity Date, the City is unable to pay
the principal of or interest on the Note then due and payable in full and no Event of
Default has occurred and is continuing, the Maturity Date shall be extended for a term of
one year, to December 1, 2018. This period shall be referred to as the "Term Out
Period." Interest on the outstanding principal amount shall accrue from and after
December 1, 2017 at a rate equal to the Fixed Rate plus 2.0 %, calculated on the basis
of a year of 360 days for the actual number of days elapsed. Interest and Principal shall
be due and payable in four approximately equal quarterly installments, on April 1, 2018,
June 1, 2018, September 1, 2018 and December 1, 2018. The maximum term of the
Note issued under this ordinance shall not be extended beyond December 1, 2018
without written approval by the Bank accepted by the City Council.
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Section 6. Prepayment. The City reserves the right to prepay all or a portion of
the outstanding principal of the Note in advance of the Maturity Date at any time with no
prepayment penalty. If on the date selected for prepayment, a Variable Rate Period is
in effect with respect to a Draw that is to be prepaid, the City agrees to pay the Bank's
breakage cost, as set forth in the Line of Credit Agreement.
Section 7. Note Repayment Account. The Note Account is hereby created within
the City's general obligation bond repayment fund, and is designated as the Limited Tax
General Obligation Bond Anticipation Note Account, 2014. The Note Account may be
drawn upon solely to pay the principal of and interest on the Note and to pay any other
amounts due and owing to the Bank with respect to the Note. Principal of and interest
on the Note, and commitment fees when due, shall be payable in lawful money of the
United States of America by check, warrant, wire transfer or automatic clearinghouse
funds, to the Registered Owner of the Note on the applicable Record Date.
Section 8. Security for the Note; Pledge of Taxes. The Note constitutes a
general indebtedness of the City and is payable from tax revenues of the City and such
other money as is lawfully available and pledged by the City for the payment of principal
of and interest on the Note. The City irrevocably pledges to redeem the Note on or
before its stated maturity from the proceeds of the Bonds, from the proceeds of
additional short term obligations or from other money of the City legally available for
such purpose. For as long as the Note is outstanding, the City irrevocably pledges that
it shall, in the manner provided by law within the constitutional and statutory limitations
provided by law without the assent of the voters, include in its annual property tax levy
amounts sufficient, together with proceeds of the Bonds, other short term obligation
proceeds and other money that is lawfully available, to pay principal of and interest on
the Note as the same become due. The full faith, credit and resources of the City are
pledged irrevocably for the prompt payment of the principal of and interest on the Note
and such pledge shall be enforceable in mandamus against the City.
Section 9. Form and Execution of the Note.
A. Form of the Note; Signatures and Seal. The Note shall be prepared in a
form consistent with the provisions of this ordinance and Washington law. The Note
shall be signed by the Mayor and the City Clerk (either or both of whose signatures may
be manual or in facsimile) and the seal of the City or a facsimile reproduction thereof
shall be impressed or printed thereon. If any officer whose manual or facsimile
signature appears on the Note ceases to be an officer of the City authorized to sign
Notes before the Note bearing his or her manual or facsimile signature is authenticated
by the Note Registrar, or issued or delivered by the City, the Note nevertheless may be
authenticated, issued and delivered and, when authenticated, issued and delivered,
shall be as binding on the City as though that person had continued to be an officer of
the City authorized to sign Notes. The Note also may be signed on behalf of the City by
any person who, on the actual date of signing of the Note, is an officer of the City
authorized to sign Notes, although he or she did not hold the required office on its Date
of Delivery.
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177
178
B. Authentication. Only if the Note bears a Certificate of Authentication in
substantially the following form, manually signed by the Note Registrar, shall it be valid
or obligatory for any purpose or entitled to the benefits of this ordinance: "Certificate of
Authentication. This Note is the fully registered City of Tukwila, Washington, Limited
Tax General Obligation Bond Anticipation Note, 2014 (Taxable Non - Revolving Line of
Credit)." The authorized signing of the Certificate of Authentication shall be conclusive
evidence that the Note so authenticated has been duly executed, authenticated and
delivered and is entitled to the benefits of this ordinance.
Section 10. Registration and Transfer. The Note shall be issued only in
registered form as to both principal and interest and the ownership of the Note shall be
recorded on the Note Register. The Finance Director of the City shall serve as the Note
Registrar and shall keep, or cause to be kept, at her office in Tukwila, Washington,
sufficient books for the registration of the Note, which shall contain the name and
mailing address of the Registered Owner. The Note Registrar is authorized, on behalf
of the City, to authenticate and deliver the Note in accordance with the provisions of the
Note and this ordinance and to serve as the City's paying agent for the Note and to
carry out all of the Note Registrar's powers and duties under this ordinance and the
System of Registration. The Note may be assigned or transferred only in whole and
only if endorsed in the manner provided thereon and surrendered to the Note Registrar,
subject to the Bank's representations in a certificate to be provided on the Date of
Delivery. Any such transfer shall be without cost to the owner or transferee and shall be
noted in the Note Register. The Note may only be assigned by the Bank to another
qualified investor satisfying the requirements set forth in the certificate to be signed by
the Bank on the Date of Delivery and as set forth on the Note. Upon the final payment
of principal of and interest on the Note, the Registered Owner shall surrender the Note
to the City for destruction or cancellation in accordance with law.
Section 11. Sale of the Note. The City Council has determined that the sale of
the Note to the Bank, under the terms and conditions of this ordinance and the Line of
Credit Agreement, is in the best interests of the City and is hereby approved and
confirmed. Upon delivery of the Note to the Bank, the City shall pay to the Bank a fee of
$10,000 for its attorneys' fees and shall pay the other costs of issuance.
Section 12. Reporting Requirements. While the Note is outstanding, the City
shall provide to the Bank a copy of or internet Zink to its annual financial statements
within 270 days after the close of each fiscal year (with a copy of the audited financial
statements to follow, if and when available). It shall also provide to the Bank a copy of
or internet link to its biennial adopted budget within 60 days after adoption.
Section 13. Governing Law. This ordinance, the Note and the Line of Credit
Agreement shall be governed and interpreted according to the laws of Washington.
Nothing in this paragraph shall be construed to limit or otherwise affect any rights or
remedies of the Bank under federal law.
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Section 14. General Authorization and Ratification. The appropriate officers of
the City are severally authorized to take such actions and to execute such documents
as in their judgment may be necessary or desirable to carry out the transactions
contemplated in connection with this ordinance, and to do everything necessary for the
prompt delivery of the Notes to the Bank and for the proper application, use and
investment of the proceeds of the Notes. All actions taken prior to the effective date of
this ordinance in furtherance of the purposes described in this ordinance and not
inconsistent with the terms of this ordinance are ratified and confirmed in all respects.
Section 15. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 16. Severability. The provisions of this ordinance are declared to be
separate and severable. If a court of competent jurisdiction, all appeals having been
exhausted or all appeal periods having run, finds any provision of this ordinance to be
invalid or unenforceable as to any person or circumstance, such offending provision
shall, if feasible, be deemed to be modified to be within the limits of enforceability or
validity. However, if the offending provision cannot be so modified, it shall be null and
void with respect to the particular person or circumstance, and all other provisions of
this ordinance in all other respects, and the offending provision with respect to all other
persons and all other circumstances, shall remain valid and enforceable.
Section 17. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
/7
f>
FoserN
epper PLL
unsel
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 9 of 9
179
CERTIFICATION
I, the undersigned, City Clerk of the City of Tukwila, Washington (the "City "), hereby
certify as follows:
1. The attached copy of Ordinance No. (the "Ordinance ") is a full, true
and correct copy of an ordinance duly passed at a regular meeting of the City Council of
the City held at the regular meeting place thereof on December 1, 2014, as that
ordinance appears on the minute book of the City.
2. The Ordinance will be in full force and effect five days after publication in the
City's official newspaper, which publication date is December 4, 2014.
3. A quorum of the members of the City Council was present throughout the
meeting and a majority of the members voted in the proper manner for the passage of
the Ordinance.
Dated: December 1, 2014.
Bank of the West
180
CITY OF TUKWILA, WASHINGTON
Christy O'Flaherty, MMC, City Clerk
COUNCIL AGENDA SYNOPSIS
----------- ------ - ---------------
Meet* Dale
Prepared by
Ma ,• ri review
Courki/ review
12/01/14
SB
1Zesolitiion
2\ 1.1:c Dan
Ordinance
Migl)an
1 13id Anard
AN Dan
I Public Hearing
Alt Dan
Other
illy Dan
SP( )NS( )R Council Mayor I IR OCD l'i num.( — /ire — IT P &R. _.— Police PIF
spuNsows The City negotiations team, and the Tukwila Police Officers Guild Executive Board opened
Summ\Ry labor negotiations on July 23, 2013, in an effort to reach an agreement on a successor
labor contract for Police Officers and Sergeants. A tentative agreement has been reached
on November 12, 2014, and information is being presented for City Council approval and to
authorize the Mayor to sign the Collective Bargaining Agreement (CBA).
RI Nti,Avku BY _ CO \X/ Mtg. CAM) Crntc 11 F&S Crnte 1 1 Transportation 011ie
Utilities Crate Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
sPoNsult/ADMIN.
CommiTit,K
Human Resources Department
COST IMPACT / FUND SOURCE
ExpNNDI1IJR1,: Rr( JIMA) AMOUNT BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
Comments:
ITEM INFORMATION
ITEM No.
7
181
STAFF SP( )NSOR: STEPHANIE BROWN
ORIGINAL AC;r:N1),11.),VIE: 12/01/14
AGIN DA I'll ,■\ITITI,1,:, Authorize the Mayor to sign the Collective Bargaining Agreement (CBA) with the
Tukwila Police Officers Guild for contract years 2014-2016.
Cxri,:c;( )ItY Discussion
AN Date
Motion
MA Dan 12/01/14
1Zesolitiion
2\ 1.1:c Dan
Ordinance
Migl)an
1 13id Anard
AN Dan
I Public Hearing
Alt Dan
Other
illy Dan
SP( )NS( )R Council Mayor I IR OCD l'i num.( — /ire — IT P &R. _.— Police PIF
spuNsows The City negotiations team, and the Tukwila Police Officers Guild Executive Board opened
Summ\Ry labor negotiations on July 23, 2013, in an effort to reach an agreement on a successor
labor contract for Police Officers and Sergeants. A tentative agreement has been reached
on November 12, 2014, and information is being presented for City Council approval and to
authorize the Mayor to sign the Collective Bargaining Agreement (CBA).
RI Nti,Avku BY _ CO \X/ Mtg. CAM) Crntc 11 F&S Crnte 1 1 Transportation 011ie
Utilities Crate Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
sPoNsult/ADMIN.
CommiTit,K
Human Resources Department
COST IMPACT / FUND SOURCE
ExpNNDI1IJR1,: Rr( JIMA) AMOUNT BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
12/01/14
MTG. DATE
ATTACHMENTS
12/01/14
Informational Memorandum Dated November 25, 2014.
(Copy of 2014-2016 Labor Agreement provided under separate cover.)
181
182
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila City Council
FROM: Stephanie Brown, Human Resources Director
DATE: November 25, 2014
SUBJECT: Tukwila Police Officers Guild Collective Bargaining Agreement (2014-2016)
BACKGROUND
The City negotiations team and the Executive Board of the Tukwila Police Officers Guild,
opened labor negotiations on July 23, 2013, in an effort to reach an agreement on a successor
labor agreement. A tentative agreement negotiated during mediation, was reached on
November 12, 2014, resulting in a three year contract. (2014-2016).
In alignment with Council initiatives, the City team used the guiding principles established by the
Council in their Compensation Resolution No. 1796, setting the focus for the negotiation and
mediation process.
The contract provides for wage increases over term of the labor agreement based upon external
market comparators. Other negotiated changes were the addition of light duty assignment
language, increase in funding to the quartermaster system for uniform jumpsuits; and
housekeeping to various articles throughout the agreement. Overall, the negotiation and
mediation process was a collaborative effort by both parties.
RECOMMENDATION
The City Council is being asked to authorize the Mayor to sign the successor collective
bargaining agreement between the City and the Tukwila Police Officers Guild at their December
1, 2014, Regular meeting.
183
184
1",„'"1.11r
City of Tukwila
CITY ADMINISTRATOR REPORT
The city of opportunity, the community of choice
TO: Mayor Haggerton
Councilmembers
FROM: David Cline, City Administrator
DATE: November 23, 2014
SUBJECT: Report for December 1, 2014 Regular Council Meeting
Jim Haggerton, Mayor
The City Administrator Report is meant to provide the Council, staff and community an update
on the activities of the City and on issues that concern Tukwila. Please let me know if you have
any questions or need additional information about any of the following items.
Intergovernmental Update
• Meeting with Mayor Murray: Mayor Haggerton and Communications and Government
Relations Director Rachel Bianchi met with Seattle Mayor, Ed Murray to discuss issues
that involve both Tukwila and Seattle.
• National League of Cities Congress of Cities: Mayor Haggerton, Councilmembers
Duffie, Ekberg, Kruller, Quinn and Seal, Communications and Government Relations
Manager Rachel Bianchi, and Council Analyst Laurel Humphrey attended the National
League of Cities Congress of Cities in Austin, Texas. Mayor Haggerton was selected to
serve on the National League of Cities Information Technology and Communications
Steering Committee.
• School District Cultural Liaisons: Evie Boykan, Program Manager met with the School
District Cultural liaisons that help support Burmese, Nepali, East African and Latina
families. The liaisons received information about accessing City Human Services
including rental and utility assistance and minor home repair.
I. Community Events
• Comprehensive Plan Report Back Meetings: On November 19 staff participated in a
targeted Comprehensive Plan "Report Back" meeting at the Abu -Bakr Islamic Center
with members of the Somali community. The meeting observed appropriate cultural
practices, and was interpreted in Somali and English. Before the meeting, staff received
a tour of the mosque.
The meeting was led by Community Connectors from the Somali community and
participants discussed City roles and processes. They learned how the City is
responding to their concerns over safety and security and about effective communication
and engagement with City government. Participants signed up for further involvement,
including attending Council and commission meetings or talking with City departments.
A third and final Comprehensive Plan "Report Back" event was held Saturday,
November 22 at Showalter Middle School with Bhutanese, and Amharic interpreters.
The purpose of these discussions is to share how the feedback we heard in March
related to housing, community, and food access, has been incorporated into the
185
City Administrator Report
Page 2
Comprehensive Plan Update, and to give our Community Connectors opportunities to
assume a greater leadership /facilitation role.
II. Staff Updates
Public Safety
• Cascade and Showalter Care Niqht Events: Tukwila Police Department Community
Police Team Officers took part in Cascade Care Night at Cascade View Elementary
School on October 15 and Teen Care Night at Showalter Middle School on November 4.
The events served to distribute donated clothing to families in need as well as pass on
important safety information to the community. The officers' presence served to diffuse
any potential altercations and community members were able to safely and successfully
get much needed clothing.
Project Updates
• Boeinq Access Road Liqht Rail Station Meetinq: Mayor Haggerton and Dave Sabey
facilitated a meeting with key business representatives in North Tukwila to discuss the
need for Sound Transit to reinstate the originally planned Boeing Access Road Light Rail
Station. This station was approved by voters in the original Sound Move initiative in
1996 but was deferred in 2001. Together, Sabey and the City are creating a coalition of
business and other civic representatives to advocate that the Sound Transit Board
undefer this station and provide the necessary funding to build the station. Several City
staff, including City Administrator David Cline, Economic Development Manager Derek
Speck, Economic Liaison Brandon Miles and Communications and Government
Relations Manager Rachel Bianchi provided support and will help coordinate this effort.
• Urban Renewal: The City was able to relocate two beautiful Japanese Maple trees and
other ornamental bushes from the seized motel sites to City Hall and the Tukwila
Community Center so they can be enjoyed by visitors.
• Delta -White Center Masonic Hall 13034 41st Avenue South: The King County
Landmark Commission (acting as the Tukwila Landmark Commission) held a hearing on
the nomination of the historic Masonic Hall for landmark protection. This approval will
help it qualify for historic preservation grants to repair the brick siding that has fallen off
one side of the building.
• Museum of Fliqht — Covered Airpark, 9229 East Marqinal Way S: A pre - application
meeting was held this week to discuss the construction of a 137,000 square foot covered
airpark proposed between the Space Gallery and Aviation High School. The applicant
will be submitting for a SEPA Planned Action and the necessary permit applications.
The construction schedule will have utility work beginning in late February 2015, the
foundation and slab -on -grade work in the spring and fall of 2015, with the construction of
the main structure beginning in the fall of 2015 quarter and scheduled for completion in
May 2016.
• Safe Routes to School Projects: The Cascade View Project was substantially
completed on November 19 with the paving of the majority of the trail. The remaining
minor items of work should be completed by the end of the year. Thorndyke (S 150th)
has been delayed by wet /cold weather and work will resume early next year.
III. Responses to Council /Citizen Inquiries
• Rainbow Haven Park: During Citizen Comments at the November 10 Council meeting,
residents from Rainbow Haven Park registered complaints and requested assistance from
the City regarding cost of utilities, trespassers after dark, drainage problems, theft and other
concerns. Officer Stetson and DCD Director Jack Pace met with the residents afterwards
and all agreed that the residents would provide the City a complete list of their
186
City Administrator Report
Page 3
concerns. After researching and reviewing the list, all affected department representatives
will meet with them to discuss solutions and make recommendations.
• Vietnamese Martyr's Parish: In response to a letter sent to the City from the Vietnamese
Martyr's Parish, City staff met with the Pastor of the Parish to let him know that the System
Wide Improvement Framework (SWIF) Advisory Council recommended that the existing
riverbank and levee in the vicinity of the Parish remain in its current location. The alternative
to realign the riverbank behind the Parish building did not have majority support at the
Advisory Council. The next step is for the King County Flood Control District to consider and
select the preferred SWIF alternative.
187
188
Upcoming Meetings & Events
December 2014
1st (Monday)
2nd (Tuesday)
3rd (Wednesday)
4th (Thursday)
5th (Friday)
6th (Saturday)
➢ Civil Service
➢ r'',,* anee D'
Safety Cmtc,
Cancelled
➢ Arts
Commission,
5:00 PM
(Community
Center)
➢ bibary
Adviaetry
I3ea
Cancelled
➢ Equity &
Diversity
Commission,
5:15 PM
(Hazelnut
Conference
Room)
Commission,
Cancelled
➢ Utilities Cmte,
5:15 PM
(Foster
Conference
Room)
➢ City Council
Executive
Session,
6:00 PM
(Hazelnut
Conference
Room)
➢ City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
8th (Monday)
9th (Tuesday)
10th (Wednesday)
llth (Thursday)
12th (Friday)
13th (Saturday)
➢ Transportation
Cmte,
5:15 PM
(Foster
Conference
Room)
➢ City Council
Cee-ef
+tee �a �x�
Cancelled
➢ City Council/
School Board
Joint Meeting,
6:30 PM
(WesYield Mall,
Sky Terrace)
➢ Community
Affairs &
Parks Cmte,
5:30 PM
(Hazelnut
Conference
Room)
➢Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
➢ COPCAB,
6:30 PM
(Duwamish
Conference
Room)
➢ Planning
Commission,
Public Hearin g
6:30 PM
(Council
Chambers)
Volunteer with
Restore the
Duwamish
Shoreline
Challenge
— 4:00 PM
Meet at the Green
River Trail @
BECU Campus
(12770 Gateway
Drive)
For information
visit:
www.forterra.org/
events
Council Chat
10:00 AM to
12:00 NOON
Stop by and
informally talk with a
Tukwila City
y
Councilmember about
anything on your
mind regarding
Tukwila.
Foster Golf Links
Clubhouse
(13500 Interurban Ave S)
➢ Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206- 767 -2342.
City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall.
➢ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall.
➢ Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 -431 -2187.
➢ Community Affairs & Parks Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conf. Room
➢ COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact
Chris Partman at 206 -431 -2197.
➢ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206- 433 -1868.
➢Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. (Meeting cancelled).
➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 - 767 -2342.
➢ Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308.
>Transportation Committee: 2nd & 4th Mon., 5:15 PM, Foster Conf. Room.
>Tukwila Intl. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815.
➢ Utilities Committee: 1st & 3rd Mon., 5:15 PM, Foster Conf. Room. (A) 2014 Annual Sewer Repair /Sewer Lift Station 44 —
Supplement No. 1 with Systems Interface. (B) Comprehensive Water Plan — Contract for Final Revisions with Carollo Engineers.
189
Tentative Agenda Schedule
MONTH
MEETING 1—
REGULAR
MEETING 2 -
C.O.W.
MEETING. 3 =
REGULAR
MEETING 4 -
C.O.W.
December
1
See agenda packet
cover sheet for this
week's agenda
(December 1, 2014
Regular Meeting).
8
15
22
190