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HomeMy WebLinkAboutReg 2010-07-19 COMPLETE AGENDA PACKET I LA 1 1 qs Tukwila City Council Agenda 74. c ❖REGULAR MEETING 4 Jim Haggerton, Mayor Councilmembers Joe Duffie Joan Hernandez 190 Steve Lancaster, City Administrator Allan Ekberg Verna Seal Dennis Robertson, Council President Kathy Hougardy De'Sean Quinn Monday, July 19, 2010; 7:00 PM Ord #2295 Res #1721 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL a. Presentation of a donation by Girl Scout Troop #41601 to the Police Department PRESENTATIONS K -9 unit. Becky Hettman, Troop Leader. b. Presentation of the Employer Support of the Guard and Reserve (ESGR) "Above Beyond" award to the City of Tukwila and the Police Department. Jim Shepherd, ESGR State Chair. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT a. Approval of Minutes: 7/6/10 (Regular). AGENDA b. Approval of Vouchers 5. UNFINISHED a. An ordinance adopting the 2009 State Building Code, the Washington Cities Pg.1 BUSINESS Electrical Code, and providing for the issuance of permits and collection of fees. b. Authorize the Mayor to enter into the first amendment to Settlement Pg.11 Agreement #08 -056 with Darryl Doak, Sr., Estrella Doak, Darryl Doak, Jr. and Doak Homes. (see 7/12/10 CO. W. packet) c. An ordinance relating to contracting indebtedness; providing for the Pg.13 issuance of $1,600,000 par value of Limited Tax General Obligation Bonds, Series 2010A, and $4,400,000 par value Limited Tax General Obligation Bonds, Series 2010B, to provide funds with which to pay the cost of South center Parkway improvements and emergency response capital equipment. d. A resolution establishing a Seattle Southside Visitors Center Change Fund Pg.29 level. e. Budget items: Pg.33 (1) An ordinance establishing new regulations regarding a Revenue Generating Regulatory License. (2) An ordinance extending the City utility tax sunset provision. (3) An ordinance revising the City's business license fee schedule. 6. NEW BUSINESS 7. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 8. MISCELLANEOUS 9. EXECUTIVE SESSION 10. 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/TDD 206 248 2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio 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 fifth 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 first and third Mondays of each month at 7 PM. 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 second and fourth Mondays at 7 PM. 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 Citizen Comment. Please limit your comments to five 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 of 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, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. i ITEM INFORMATION ICAS NUMBER 10-082 ORIGINAL AGENDA DATE. JULY 12, 2010 AGENDA ITEM TITLE Adoption of the 2009 State Building Code and related amendments. CATEGORY SPONSOR SPONSOR'S SUMMARY Fund Source: Comments EXPENDI'T'URE REQUIRED $0 N/A MTG. DATE 07/12/10 MTG. DATE 07/12/10 07/19/10 Discussion Motion Resolution Mtg Date 07/12/10 Mtg Date Mtg Date COUNCIL AGENDA SYNOPSIS Meeting Date 07/12/10 07/19/10 Initials Prepared by yo eviezv Council review JP Ma )P Att Ordinance Bid Award Public Hearing Other Mtg Date 07/19/10 Mtg Date Mtg Date Mtg Date Council Mayor Adm Svcs DCD (l Finance Fire Legal P&R Police P1V Staff is seeking Council approval of a draft ordinance adopting the 2009 State Building Code with local amendments. The City will need to adopt the 2009 State Building Code to assure that the minimum requirements and standards in the City of Tukwila will not be less than those contained in the State Building Code. Transportation Cmte Planning Comm. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Uti]ines Cmte Arts Comm n Parks Comm. DATE: 06/28/2010 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development CoMMII TEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED $o RECORD OF. COUNCIL ACTION Forward to the next Regular Meeting ATTACHMENTS Informational Memorandum dated 06/28/2010 Ordinance in draft form Ordinance in final form ITEM NO. APPROPRIATION REQUIRED $0 2 C1 of Tukwiia W Word Processing; 2009 Building Electrical Code BB:rah 7 /13/2010 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2121 (PART), 2157 (PART), 2171 (PART) AND 2249 (PART) AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.04, "BUILDINGS AND CONSTRUCTION," ADOPTING THE 2009 STATE BUILDING CODE; THE WASHINGTON CITIES ELECTRICAL CODE; AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES; PROVIDING FOR SEVERABILI1 Y; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Codes enumerated in Chapter 19.27.031 RCW shall become effective in all counties and cities of Washington State on July 1, 2010, and all jurisdictions in the state shall enforce the State Building Code, as adopted by the State Building Code Council, effective July 1, 2010; and WHEREAS, the International Building Code, International Residential Code, International Mechanical Code, and Uniform Plumbing Code are adopted by the State Building Code Council as parts of the State Building Code; and WHEREAS, the City Council desires to adopt the 2009 edition of the International Property Maintenance Code; and WHEREAS, the City Council desires to adopt the Washington Cities Electrical Code including administration provisions and amendments therein to the National Electrical Code; and WHEREAS, the City Council desires to establish the City of Tukwila Hearing Examiner as the authority to hear and rule on appeals relative to the application and interpretation of the State Building Code and the Washington Cities Electrical Code, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 16.04.010 Amended. TMC Section 16.040 010, "Purpose of Chapter," is hereby amended to read as follows: 16.04.010 Purpose of Chapter TMC Chapter 16.04 is enacted for the purpose of adopting rules and regulations governing the conditions and maintenance of all property, buildings and structures by providing standards for supplied utilities, facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use, governing the condemnation of buildings and structures unfit for human occupancy, and use and abatement of such structures in Tukwila, regulating the issuance of permits and the collection of fees; to help ensure the protection of the health, safety and the general welfare of the public; and governing the creation, construction, enlargement, conversion, alteration, repair, occupancy, use, height, court area, sanitation, ventilation and maintenance of all buildings and structures within this jurisdiction. Section 2. TMC 16.04.020 Amended. TMC Section 16 040 020, "Codes Adopted," is hereby amended to read as follows: Page 1 of 8 3 4 16.04.020 Codes Adopted Effective July 1, 2010, the following codes are adopted by reference as if fully set forth: 1. The International Building Code, 2009 Edition, and referenced standards hereto as published by the International Code Council, Inc., and as adopted by the State of Washington in Chapter 51 -50 WAC. The following Appendices, standards and amendments are specifically adopted: a. Appendix E, Supplementary Accessibility Requirements. b ICC /ANSI A117 1- 2003, American National Standard. c. Work exempt from a building permit. Section 105.2 of the International Building Code, 2009 Edition, is amended to include provisions regarding the following work exempt from a building permit: (1) Work performed by the City of Tukwila and located in City of Tukwila right -of -way; work performed by Washington State Department of Transportation and located in WSDOT right -of -way to include public utility towers and poles, mechanical equipment not specifically regulated in this code, hydraulic flood control structures including levees; provided that any structure or building constructed in a municipal or state right -of -way and intended to be used as any occupancy classification of the State Building Code is not exempt from the provisions of this code or the related permit requirements. (2) One -story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, and such structure is outside of and entirely separated, as prescribed by Code, from any existing building on the premises. (3) Decks not more than 30 inches above adjacent grade. 2. The International Residential Code, 2009 Edition as amended by the State; provided that Chapters 11 and 25 through 43 of this code are not adopted. Appendix G, "Swimming Pools, Spas and Hot tubs," is included in the adoption of the International Residential Code. 3. The Uniform Plumbing Code and the Uniform Plumbing Code Standards, 2009 Edition, published by the International Association of Plumbing and Mechanical Officials, and as amended by the State of Washington, provided that Chapters 12 and 15 of this code are not adopted. Provided further that those requirements of the Uniform Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and those portions of the code addressing building sewers are not adopted. Appendixes A, B, D, E and I of the Uniform Plumbing Code are hereby adopted by reference. Provided further that the following amendments to the Uniform Plumbing Code are adopted: a. All reference to and definition of "authority having jurisdiction" is deemed to refer to and shall mean the "Building Official." b Water Supply and Distribution. Cross connection control for premises isolation related to the City's public water system shall be in accordance with the City of Tukwila Public Works Department's "Development Guidelines and Design and Construction Standards." Cross connection control for premises isolation related to water purveyors outside of the City of Tukwila water system shall be in accordance with that water purveyor's policies and standards. c. Sanitary Drainage. Side sewer, private sewer main extensions beyond a point defined in the plumbing code as the building drain, and required grease interceptors all within the City's sewer districts shall be in accordance with the City of Tukwila Public Works Department's "Development Guidelines and Design and Construction Standards," in conjunction with the Uniform Plumbing Code W Word Processing; 2009 Building Electrical Code BB:mh 7/13/2010 Page 2 of 8 requirements. "Sanitary drainage, side sewers, private sewer main extensions beyond the building drain and grease interceptors outside the Tukwila sewer district shall be in compliance with that purveyor's policies and standards. 4. The International Mechanical Code 2009, as published by the International Code Council and as amended by the State of Washington, Chapter 51 -52 WAC. 5. The International Fuel Gas Code, 2009 Edition, as published by the International Code Council, Inc. and as amended and adopted by the State of Washington. 6 The Washington Cities Electrical Code. Article 80.3 of the National Electrical Code: The 2008 Edition of the National Electrical Code (NFPA 70), including Annex A, B and C, the 2007 Edition of Standard for the Installation of Stationary Pumps for Fire Protection (NFPA 20- 2007), the 2005 Edition of Standard for Emergency and Standby Power Systems (NFPA 110- 2005), Commercial Building Telecommunications Cabling Standard (ANSI /TIA /EIA 568 -B.1 June 2002 including Annex 1 through 5); Commercial Building Standard for Telecommunications Pathway and Spaces (ANSI /TIA /EIA 569 A-7 December 2001 including Annex 1 through 4); Commercial Building Grounding and Bonding Requirements for Telecommunications (ANSI /TIA /EIA 607 -A- 2002), and the Residential Telecommunications Cable Standard (ANSI /TIA /EIA 570 -B -2004 are adopted and shall be applicable within the City of Tukwila as amended, added to and excepted in the Washington Cities Electrical Code. A. Article 8511 sections (A), (B) and (C) is amended entirely and replaced as follows: The authority having jurisdiction within the City of Tukwila shall mean the Building Official, and shall include the Chief Electrical Inspector or other individuals or jurisdictions when designated by the Building Official. All references to "Code Official" shall mean the Building Official or designee. B Appeals. All references to Board of appeals is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official provided that such appeal is made in writing within 14 calendar days after such person firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one of the following conditions exists. 1 The true intent of the code or ordinance has been incorrectly interpreted. 2. The provisions of the code or ordinance do not fully apply 3 The decision is unreasonable or arbitrary as it applies to alternatives or new materials. 4. Appeals procedures shall be in accordance with TMC Chapter 18 116.030 C. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice Order issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice Order shall be posted on the premises in a conspicuous place, at or near the entrance to such premises, and the Notice Order shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. D. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice Order is liable for the monetary penalties prescribed in TMC 8.45 100(A2). W Word Processing; 2009 Building Electrical Code BB:n h 7/13/2010 Page 3 of 8 5 6 7. The International Property Maintenance Code, 2009 Edition, as published by the International Code Council, including a new Section 404.8 as follows: Dwelling as defined in Section 202 and pursuant to Section 404.7 shall be provided with a kitchen sink, cooking appliances and refrigeration facilities, each having a clear working space of not less than 30 inches (762mm) in front. Light and ventilation conforming to this code shall be provided. Section 3. TMC 16.04.030 Amended. TMC Section 16.04.030 "Filing Copies of State Building Codes" is hereby amended to read as follows: 16.04.030 Filing Copies of State Building Codes. The City Clerk shall maintain on file not less than one copy of the codes referred to in TMC 16.04.020 and the codes shall be open to public inspection. Section 4. TMC 16.04.250 Amended. TMC 16.040.250 "Schedule of Permit Fees," is hereby amended to read as follows: 16.04.250 SCHEDULE OF PERMIT FEES A. Building Permit Fees Total Valuation 1 $1 to $500 $501 to $2,000 $2,001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,001 to $500,000 $500,001 to $1,000,000 $1,000,001 and up B Plan Review Fee. A plan review fee shall be paid at the time of submitting plans and specifications for review The plan review fee shall be 65% of the permit fee as set forth in the permit fee schedule. The plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. C. Other Fees. Building Permit Fees 1 1 $63.00 $63.00 for the first $500, plus $4.20 for each additional $100, or fraction thereof, to and including $2,000 $126.00 for the first $2,000, plus $19 10 for each additional $1,000, or fraction thereof, to and including $25,000 $584.65 for the first $25,000, plus $14.90 for each additional $1,000, or fraction thereof, to and including $50,000 $957 40 for the first $50,000, plus $10.30 for each additional $1,000, or fraction thereof, to and including $100,000 $1,471.90 for the first $100,000, plus $8.25 for each additional $1,000, or fraction thereof, to and including $500,000 $4,777.30 for the first $500,000, plus $6.90 for each additional $1,000, or fraction thereof, to and including $1,000,000 $8221.30 for the first $1,000,000, plus $4.55 for each additional $1,000, or fraction thereof 1 Inspections outside normal business hours: $94.50 per hour (Three hour minimum charge) 2. Re- inspection fee: $63.00 per hour assessed upon call for third inspection of same correction notice. 3 Inspections for which no fee is specifically indicated: $63.00 per hour (one- half hour minimum charge). 4. Additional plan review necessary due to additions or revisions to the plans: $63.00 per hour (one -half hour minimum charge). 5 Work commencing before permit issuance shall be subject to an investigation fee of 100% of the usual permit fee. 6 Renewal of expired permits: The fee shall be one -half the amount required for a new permit for such work, provided that suspension or abandonment has W Word Processing; 2009 Building Electrical Code BB:nrh 7/13/2010 Page 4 of 8 not exceeded one year. Renewals after expiration of more than one year shall require a full permit fee and plan review fee where applicable. D Mechanical permit fees. Valuation of Work (Total Contract Amount) $250 or less $251 to $500 $501 to $1,000 $1,001 to $5,000 $5,001 to $50,000 $50,001 to $250,000 $250,001 to $1,000,000 $1,000,001 and up 1. When a plan or other data is required to be submitted with a permit application, a plan review fee shall be paid at the time of submitting plans and specifications for review The plan review fee shall be 25% of the calculated permit fee and shall be in addition to the permit fee. Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed. $63 00 per hour (one -half hour minimum) 2. Other fees. (a) Work commencing before permit investigation fee of 100% of the usual permit fee. b Inspections outside of normal business hours: $94.50 per hour three -hour minimum charge. c. Re- inspection fee assessed. $63 00 per hour. E. Plumbing Permit Fees. 1. Permit Issuance Issuance of each permit (base fee): $33.60 2. Unit Fee Schedule (in addition to items 1 2 above). For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) For each additional fixture For each building sewer and each trailer park sewer Rain water system per drain (inside building) For each water heater and/ or vent For each industrial waste pretreatment interceptor, including its trap and vent, except for kitchen type grease interceptors For each grease trap (connected to not more than four fixtures) For each grease interceptor for corn nercial kitchens (less than 750 gallon capacity) For each repair or alteration of water piping and /or water treating equipment, each occurrence For each repair or alteration of drainage or vent piping, each fixture W Word Processing; 2009 Building Electrical Code BB:rnh 7/13/2010 Mechanical Permit Fee $33.60 For issuance of each permit (base fee) $63 00 $63 00 for first $250, plus $7.65 for each $100 or fraction thereof, to and including $500 $82.15 for the first $500, plus $8.50 for each $100 or fraction thereof, to and including $1,000 $124.70 for the first $1,000, plus $9 40 for each $1,000 or fraction thereof, to and including $5,000 $162.25 for the first $5,000, plus $9.80 for each $1,000 or fraction thereof, to and including $50,000 $604.05 for the first $50,000, plus $8.20 for each $1,000 or fraction thereof, to and including $250,000 $2,242.05 for the first $250,000, plus $7.20 for each $1,000 or fraction thereof, to and including $1,000,000 $7,636.45 for the first $1,000,000, plus $6.55 for each $1,000 or fraction thereof issuance shall be subject to an with a $63 00 $13 65 $24.15 $13 65 $13 65 $13 65 $17 05 $28.35 $13.65 $13 65 Page 5 of 8 7 8 2. Unit Fee Schedule (in addition to items in F 1 above) 1 For each gas piping system of one to five outlets 1 For each additional gas piping system outlet, per outlet For each medical gas piping system serving one to five inlets/ outlets for a specific gas 1 For each additional medical gas inlets /outlets For each lawn sprinkler system on any one meter, including (1 -5) ATMOS vacuum breakers, therefore over five each ATMOS vacuum breaker For atmospheric -type vacuum breakers not included in lawn sprinkler backflow protection: 1 to 5, $13.65; over 5• $13 65 for first 5 plus $3 15 for each additional For each backflow protective device other than atmospheric type vacuum breakers: 2 -inch diameter and smaller $28.35, over 2 -inch diameter $30 45 4. Other Inspections Fees (Plumbing): 1 Inspection outside of normal business hours (minimum 3 hours) 1 Re- inspection fee Inspections for which no fee is specifically indicated Plumbing permit issued after work commences for which a permit is required. •Emergency conditions -Non-emergency conditions: Work commencing before permit issuance shall be subject to an investigation fee equal to 100% of the permit fee. Plan review fee: The fee for review shall be 25% of the total plumbing permit fee. The plan review fee is a separate fee from the permit fee, and is applicable when plans are required in order to show compliance with the code. F Fuel gas permit fees. 1. Permit Issuance: For issuing each permit (base fee) ($0 if permit is in conjunction with a plumbing permit for an appliance with both plumbing and gas connection.) 1 For issuing each supplemental perrnit 3 Other Inspections and Fees (fuel gas piping): Inspections outside of normal business hours Re- inspection fee Inspection for which no fee is specifically indicated Additional plan review required by changes, additions, or revisions to approved plans (minimum charge one -half hour) Work commencing before permit issuance shall be subject to an investigation fee equal to 100% of the permit fee Plan review fee: The fee for review shall be 25% of the total fuel gas piping permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to show compliance with the code. W Word Processing; 2009 Building Electrical Code BB:mh 7/13/2010 $79.80 $15.75 1 $28.35 $94.50 /hour $63.00 /hour $63.00 /hour •No fee. -Fee is 100% of perrnit fee. Fee is 25% of permit fee $33.60 $16.55 1 $63.00 1 1 $13.65 1 $94.50 /hour $63.00 /hour $63.00 /hour $63 00 /hour 100% of the permit fee Page 6 of 8 G. Electrical permit fee schedule. 1. NEW SINGLE FAMILY DWELLINGS 1 New single family dwellings (including a garage) 1 Garages, pools, spas and outbuildings 1 Low voltage systems 2. SINGLE FAMILY REMODEL AND SERVICE CHANGES 1 Service change or alteration no added altered circuits Service change $81.90 with added /altered circuits, plus $11.55 for each added circuit (maximum permit fee $152.85) Circuits added /altered without service change (includes up to 5 circuits) Circuits $54.60 added /altered without service change (more than 5 circuits) $7.65, for each added circuit (maximum permit fee $98.70 94) 1 Meter /mast repair 1 Low voltage systems 3 MULTI FAMILY AND COMMERCIAL (including low voltage) Valuation of Work (Total Contract Amount) $250 or less $251 $1000 $1,001 $5,000 $5,001- $50,000 $50,001 $250,000 $250,001 $1,000,000 $63 00 W' Word Processing; 2009 Building Electrical Code BB:mh 7/13/2010 PERMIT FEE Temporary service (residential) Temporary service/ generators Manufactured /mobile home parks and RV park sites, each service and feeder Carnivals: Base fee Each concession fee Each ride and generator truck Inspections or plan review not specified elsewhere (one half hour minimum) Adult family home inspection (paid at the time of scheduling the inspection) 1 Disaster recovery emergency repair permit (residential structures only) $152.85 $81.90 $59.85 $81.90 $81 90 $54.60 $54.60 $68.25 $59.85 $63 00 for the first $250 plus $4.20 for each $100 or fraction thereof, to and including $1,000 $94.50 for the first $1,000 plus $21.00 for each $1,000 or fraction thereof, to and including $5,000 $178.50 for the first $5,000 plus $17.20 for each $1,000 or fraction thereof, to and including $50,000 $953 40 for the first $50,000 plus $12.60 for each $1,000 or fraction thereof, to and including $250,000. $3,473 40 for the first $250,000 plus $8 90 for each $1,000 or fraction thereof, to and including $1,000,000 1 Over $1,000,000 1 $10,167.15 plus 0.5% of cost over $1,000,000.00 4. Plan review fee. In addition to the permit fee, when plan review is required, a plan review fee must be paid at the time of permit application equal to 25% of the calculated permit fee. 5. MISCELLANEOUS ELECTRICAL PERMIT FEES. $63 00 $78.75 $84.00 6. Work covered without inspection or work not ready at the time of inspection may be charged a re- inspection fee at the hourly rate listed above. Page 7 of 8 $78.50 $10.50 $10.50 $63 00 /Hour $63.00 $20 00 1 9 10 7 Work without a permit. Any person who commences electrical work before obtaining the necessary permits shall be subject to an investigation fee. The investigation fee shall be equal to the established permit fee as set forth in the electrical fee schedule. This fee, which shall constitute an investigation fee, shall be imposed and collected in all cases, whether or not a permit is subsequently issued. H. Fee Refunds. The Building Official may refund any permit fee paid by the original permit applicant that was erroneously paid or collected. The Building Official may also authorize the refund of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with the code. Where a plan review fee has been collected, no refund will be authorized once it has been determined that the application is complete and the plan review process has commenced. Refund of any permit fee paid shall be requested by the original perm.ittee in writing and not later than 180 days after the date of fee payment. Section 5. 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 6. 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 2010 ATTEST/ AUTHENTICATED• Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Office of the City Attorney W Word Processing; 2009 Building Electrical Code BB:mh 7/13/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number. Page 8 of 8 CAS NUMBER 10-081 COUNCIL AGENDA SYNOPSIS Initials Meetznx Date Prepared by J M. it i zew J Council review 07/12/10 BJM J I ObX„ J I 07/19/10 13]M 1 44- i iJ� I I I ITEM INFORMATION I ORIGINAL AGENDA DATE: JULY 12, 2010 AGENDA ITEM TI"ITE Amendment to Doak Settlement Agreement CATEGORY Dircutsszon Motion n Resolution C Ordinance Bic Award n Public Hearing h Other Mt1 Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire n Legal P&R Jl Police PLY/ SPONSOR'S SUMMARY Mtg Date 07/12/10 Mtg Date 07/19/10 Mtg Date REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte t 1 Transportation Cmte Utilities Cmte n Arts Comm. I I Parks Comm. DA 1E: 6/28/10 RECOMMENDATIONS: SPONSOR /ADMIN Department of Community Development COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST :IMPACT FUND SOURCE EYPENDITURI? REQUIRED $0 Fund Source: N/A Comments N/A MTG. DATE 07/12/10 I Authorize the Mayor to enter into an agreement with Doak Homes modifying terms of a settlement agreement with the City. Specifically the following changes are proposed to the terms 1) The agreement will be extended an additional 36 months; 2) Provisions for waiving permit fees will be removed; and 3) The City will not expedite the review of construction permits. AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 RECORD OF COUNCIL ACTION Forward to next Regular Meeting H Planning Comm. MTG. DATE J ATTACHMENTS 07/12/10 Informational Memorandum dated 6/18/10 Draft Amendment in Strikeout /Underlined Format Photos of Completed Homes Doak Home' Modification Request Doak Homes' Orginal Settlement Agreement Minutes from the Community Affairs and Parks Committee meeting of 6/28/10 07/19/10 1 No attachments ITEM NO. 1 1 12 CAS NUMBER 10-079 SPONSOR'S SUMMARY RF '\TIIWID BY Fund Source: Comments. 1 MTG. DATE 7/12/10 MTG. DATE 7/12/10 7/19/10 10 -079 11 Meeting Date 07/12/10 07/19/10 COUNCIL AGENDA SYNOPSIS Prepared by SH SH 1 Inztzals MaygA∎ )fzezv ..ountzl review ITEM INFORMATION 1 ORIGINAL AGENDA DATE: JULY 12, 2010 CA &P Cmte Arts Comm. F &S Cmte I I Parks Comm. RECORD OF COUNCIL ACTION Forward to next Regular Meeting Planning Comm. ATTACHMENTS Informational Memorandum dated 7/1/2010 Bond Ordinance Southcenter Parkway spreadsheet, from 4/12/10 COW packet Emergency Preparedness Capital Asset List, dated 6/30/10 Summary Table Minutes from the 6/8/10 and 7/7/10 Finance and Safety Committee Meetings Ordinance in final form ITEM No. AGENDA ITEM TrrLE Ordinance authorizing the issuance of general obligation bonds for the construction of Southcenter Parkway in the recently annexed area located in Tukwila South, and for the purchase of capital and other equipment for emergency preparedness. CATEGORY Dzscusszon Motion n Resolutzon Ordinance Bid Award Public Hearing n Other Mtg Date 7/12/10 Mtg Date Mtg Date Mtg Date 7/19/10 Mtg Date Mtg Date Mtg Date 1 SPONSOR Council Mayor Adm Svcs DCD Fznance Fare Legal n P&R Police PTY/ City Council is being asked to approve an ordinance authorizing issuance of general obligation bonds for the construction of Southcenter Parkway in the Tukwila South development area, as well as the purchase of capital and other equipment for emergency preparedness and response. This item is scheduled for Council consideration at the 7/12/10 COW and 7/19/10 Regular Council meeting. COW Mtg. Utilities Cmte n Transportation Cmte DATE. 07/07/2010 RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMITTEE Unanimous approval Forward to COW COST IMPACT FUND SO URCE EXPI,NDITURERJQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 13 14 Bonds. W Word Processing General Liability Bonds SH:nvh 07/15/2010 City of TukwiJLa Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE OF $1,600,000 PAR VALUE OF LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2010A, AND $4,400,000 PAR VALUE LIMITED TAX GENERAL OBLIGATION BONDS, SERIES 2010B (TAXABLE BUILD AMERICA BONDS DIRECT PAYMENT), OF THE CITY FOR GENERAL CITY PURPOSES TO PROVIDE FUNDS WITH WHICH TO PAY THE COST OF SOUTHCENTER PARKWAY IMPROVEMENTS AND EMERGENCY RESPONSE CAPITAL EQUIPMENT; FIXING THE DATE, FORM, MATURITIES, INTEREST RATES, TERMS AND COVENANTS OF THE BONDS; ESTABLISHING A BOND REDEMPTION FUND AND PROJECT FUNDS; PROVIDING FOR THE PURCHASE OF BOND INSURANCE; AND APPROVING THE SALE AND PROVIDING FOR THE DELIVERY OF THE BONDS TO SEATTLE NORTHWEST SECURITIES CORPORATION OF SEATTLE, WASHINGTON; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila, Washington (the "City is in need of carrying out the "Projects" (as that term is hereinafter defined), the estimated cost of which is $6,000,000 and the City does not have available sufficient funds to pay the cost; and WHEREAS, the City Council deems it to be in the best interest of the City to borrow money by the issuance of limited tax general obligation bonds authorized herein (the "Bonds for general City purposes, to provide funds to carry out the Projects and to pay the costs of issuance of the Bonds; and WHEREAS, Seattle- Northwest Securities Corporation has offered to purchase the Bonds authorized herein under the terms and conditions set forth in this ordinance in the form of a bond purchase contract; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definitions. For the purposes of this ordinance the words or phrases defined in this section shall have the following meanings: 1. "Bond Fund" means the Limited Tax General Obligation Bond Fund, 2010, created by this ordinance for the payment of the Bonds. 2. `Bond Register" means the books or records maintained by the Bond Registrar containing the name and mailing address of the owner of each Bond and the principal amount and number of Bonds held by each owner. 3. "Bond Registrar" means the Fiscal Agent. 4. `Bonds" means, collectively, the Series 2010A Bonds and the Series 2010B 5. "City" means the City of Tukwila, Washington, a municipal corporation duly organized and existing under and by virtue of the laws of the state of Washington. 6. "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder Page 1 of 13 15 16 7 "DTC" means The Depository Trust Company, New York, New York. 8. "Finance Director" means the Finance Director of the City 9 "Fiscal Agent" means the fiscal agent of the State of Washington, as the same may be designated by the State from time to time. 10 "Letter of Representations" means the Blanket Issuer Letter of Representations dated October 18, 1999, between the City and DTC, as it may be amended from time to time. 11 "MSRB" means the Municipal Securities Rulemaking Board. 12. "Projects" means Southcenter Parkway Improvements and Emergency Response Capital Equipment. 13 "Project Funds" means, collectively, the Southcenter Parkway Construction Fund, the Strander Boulevard Construction Fund and the Emergency Capital Fund, each created by this ordinance. 14. "Rating Agency" means the nationally recognized rating agency or agencies, if any, at the time rating the Bonds at the request of the City 15 "SEC" means the United States Securities and Exchange Commission. 16. "Series 2010A Bonds" means the $1,600,000 par value Limited Tax General Obligation Bonds, Series 2010A, of the City issued pursuant to and for the purposes provided in this ordinance. 17 "Series 2010B Bonds" means the $4,400,000 par value Limited Tax General Obligation Bonds, Series 2010B (Taxable Build America Bonds Direct Payment), of the City issued pursuant to and for the purposes provided in this ordinance. Section 2. Debt Capacity. The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 2010 is $4,982,452,351, and the City has outstanding general indebtedness evidenced by limited tax general obligation bonds, notes, leases or conditional sales contracts in the principal amount of $25,876,800 incurred within the limit of up to 1- 1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein, has no outstanding unlimited tax general obligation bonds issued pursuant to a vote of the qualified voters of the City; and the amount of indebtedness for which the Bonds are authorized herein to be issued is $6,000,000 Section 3. Authorization of 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 aggregate principal amount of $6,000,000 for general City purposes to provide the funds to pay the cost of the Projects and to pay the costs of issuance and sale of the Bonds (the "costs of issuance The general indebtedness to be incurred shall be within the limit of up to 1 -1/2% of the value of the taxable property within the City permitted for general municipal purposes without a vote of the qualified voters therein. Section 4. Description of Bonds. A. The Series 2010A Bonds shall be called Limited Tax General Obligation Bonds, Series 2010A, of the City and shall be issued in the aggregate principal amount of $1,600,000 The Series 2010B Bonds shall be called Limited Tax General Obligation Bonds, Series 2010B (Taxable Build America Bonds Direct Payment), of the City and shall be issued in the aggregate principal amount of $4,400,000 The Bonds shall be dated the date of their initial delivery; shall be in the denomination of $5,000 or any integral multiple thereof within a single series and maturity; shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification, shall bear interest (computed on the basis of a 360 -day year of twelve 30 -day months) payable semiannually on each June 1 and December 1, commencing December 1, 2010, to the maturity or earlier redemption W Word Processing General Liability Bonds SH:rnrh 07/14/2010 Page 2 of 13 of the Bonds; and shall mature on December 1 in years and amounts and bear interest at the rates per annum as follows: Series 2010A Bonds Series 2010B Bonds Maturity Interest Maturity Interest Years Amounts Rates Years Amounts Rates 2010 2011 2012 2013 2014 2015 B The life of the capital facilities financed with the proceeds of the Bonds exceeds the tern of the Bonds. Section 5. Registration and Transfer of Bonds. A. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register The Bond Register shall contain the name and mailing address of the owner of each Bond and the principal amount and number of each of the Bonds held by each owner B. Bonds surrendered to the Bond Registrar may be exchanged for Bonds in any authorized denomination of an equal aggregate principal amount and of the same series, interest rate and maturity Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar Any exchange or transfer shall be without cost to the owner or transferee. The Bond Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date. C. The Bonds initially shall be registered in the name of Cede Co., as the nominee of DTC. The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of the Letter of Representations. Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to registered owners hereunder (except such notice as is required to be given by the Bond Registrar to DTC) D. For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the registered owner for all purposes hereunder and all references to registered owners, bondowners, bondholders or the like shall mean DTC or its nominee and, except for the purpose of the City's undertaking herein to provide continuing disclosure, shall not mean the owners of any beneficial interests in the Bonds. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except: 1 to any successor of DTC or its nominee, if that successor shall be qualified under any applicable laws to provide the services proposed to be provided by it; 2. to any substitute depository appointed by the City or such substitute depository's successor; or 3 to any person if the Bonds are no longer held in immobilized form. E. Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository, or a determination by the City that it no longer wishes to continue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City may appoint a substitute depository Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. W Word Processing General Liability Bonds sx:mrl, 07/14/2010 Page 3 of 13 17 18 F. If 1) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or 2) the City determines that the Bonds are to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shall be held in fully immobilized form. Section 6. Payment of Bonds. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be paid by checks or drafts of the Bond Registrar mailed on the interest payment date to the registered owners at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date or, if requested in writing by a registered owner of Bonds prior to the applicable record date, by wire transfer on the interest payment date, provided that costs of the electronic transfer will be paid by the requesting registered owner. Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the registered owners to the Bond Registrar. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, payment of principal of and interest on the Bonds shall be made in the manner set forth in the Letter of Representations. Section 7. Redemption Provisions and Open Market Purchase of Bonds. A. Optional Redemption. The Series 2010A Bonds shall be issued without the right or option of the City to redeem the Series 2010A Bonds prior to their stated maturity dates. The City reserves the right and option to redeem the Series 2010B Bonds prior to their state maturity dates at any time on or after June 1, 2020, as a whole or in part, at a price equal to the principal amount to be redeemed, without premium, plus accrued interest to the date fixed for redemption. B Extraordinary Optional Redemption. The City additionally reserves the right and option to redeem the Series 2010B Bonds prior to their stated maturity dates at any time prior to June 1, 2020, as a whole or in part, upon the occurrence of an Extraordinary Event, at the Extraordinary Optional Redemption Price. 1 An "Extraordinary Event" will have occurred if the City determines that a material adverse change has occurred to Section 54AA or Section 6431 of the Code or there is any guidance published by the Internal Revenue Service or the United States Treasury with respect to such Sections or any other determination by the Internal Revenue Service or the United States Treasury, which determination is not the result of any act or omission by the City to satisfy the requirements to qualify to receive the 35% cash subsidy payment from the United States Treasury, pursuant to which the City's 35% cash subsidy payment from the United States Treasury is reduced or eliminated. 2. "Extraordinary Optional Redemption Price" means the greater of: a) 100% of the principal amount of the Series 2010B Bonds to be redeemed, or b) the sum of the present values of the remaining scheduled payments of principal of and interest to the stated maturity date on the Series 2010B Bonds to be redeemed, discounted to the earlier (i) the state maturity date on the Series 2010B Bonds to be redeemed, or (ii) the next available date on which the 2010B Bonds may be optionally redeemed at a price of par (plus accrued interest, if any), discounted to the date on which such Series 2010B Bonds are to be redeemed on a semiannual basis, assuming a 360 -day year consisting of twelve 30 -day months, at the Treasury Rate plus 100 basis points, plus, in each case, accrued interest on the Series 2010B Bonds to be redeemed to the date fixed for redemption. 3 "Treasury Rate" means, with respect to any date fixed for redemption for a particular Series 2010B Bond, the yield to maturity as of such date of United States Treasury securities with a constant maturity (excluding inflation indexed securities, and as compiled and published in the most recent Federal Reserve Statistical Release H.15 (519) that has become publicly available as of the first business day that is at least two business days prior to such date or, if such Statistical Release is no longer published, W Word Processing General Liability Bonds SH:mrh 07/14/2010 Page 4 of 13 any publicly available source of similar market data) most nearly equal to the period from such date to the stated maturity date of such Series 2010B Bond. 4. At the request of the Bond Registrar, the Extraordinary Optional Redemption Price shall be determined by an independent accounting firm, investment banking firm or financial advisor retained by the City at the City's expense. Absent manifest error, such determination shall be conclusive and binding on the City, the Bond Registrar and the Registered Owners, and neither the City nor the Bond Registrar shall be liable for relying on such determination. C. Mandatory Redemption. 1. The Series 2010B Bonds maturing in 20_ and 20_ are Term Bonds and, if not redeemed under the optional or extraordinary optional redemption provisions set forth above or purchased in the open market under the provisions set forth below, shall be called for redemption [pro rata a a price equal to the principla amount to be redeemed, [randomly (in such manner as the Bond Registrar shall determine)] at par plus accrued interest on December 1 in years and amounts as follows: 2010B Term Bonds Maturing 2010B Term Bonds Maturity in 20 in 20_ Mandatory Mandatory Redemption Mandatory Redemption Mandatory Dates Redemption Dates Redemption (December 1) Amounts (December 1) Amounts Maturihj 2. If the City redeems under Section 7.A or B, purchases in the open market or defeases Term Bonds, the par amount of the Term Bonds so redeemed, purchased or defeased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation at least 60 days prior to the earliest mandatory redemption date for that maturity of Term Bonds for which notice of redemption has not already been given. D Partial Redemption of Bonds. Portions of the principal amount of any Bond, in installments of $5,000 or any integral multiple thereof, may be redeemed. If less than all of the 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 therefor, a new Bond (or Bonds, at the option of the registered owner) of the same series, maturity and interest rate in any of the denominations authorized by this ordinance in the aggregate principal amount remaining unredeemed. E. Open Market Purchase. The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price plus accrued interest to the date of purchase. F Selection of Bonds for Redemption. If fewer than all of the outstanding Series 2010B Bonds are to be redeemed prior to maturity, then (a) if the Series 2010B Bonds are in book -entry form at the time of such redemption, the Bond Registrar shall instruct DTC to instruct the DTC participants to select the specific Series 2010B Bonds for redemption pro rata, and neither the City nor the Bond Registrar shall have any responsibility to ensure that DTC or the DTC participants properly select such Series 2010B Bonds for redemption, and (b) if the Series 2010B Bonds are not then in book entry form at the time of such redemption, on each date fixed for redemption, the Bond W Word Processing General Liability Bonds SH:mrh 07 /14/2010 Page 5 of 13 19 20 Registrar shall select the specific Series 2010B Bonds for redemption pro rata. The portion of any Series 2010B Bonds of a denomination more than $5,000 to be redeemed shall be in the principal amount of $5,000 or any integral multiple thereof. The Bond Registrar shall select such portions of Series 2010B Bonds to be redeemed in such manner as the Bond Registrar in its discretion may deem to be fair and appropriate. Notwithstanding the foregoing, for as long as the Series 2010B Bonds are registered in the name of DTC or its nominee, selection of Series 2010B Bonds for redemption shall be in accordance with the Letter of Representations. G Cancellation of Bonds. All Bonds purchased or redeemed under this section shall be canceled. Section 8. Notice of Redemption. A. While the Bonds are held by DTC in book -entry only form, any notice of redemption shall be given at the time, to the entity and in the manner required by DTC in accordance with the Letter of Representations, and the Bond Registrar shall not be required to give any other notice of redemption. If the Bonds cease to be in book -entry only form, the City shall cause notice of any intended redemption of Bonds to be given by the Bond Registrar not less than 30 nor more than 60 days prior to the date fixed for redemption by first -class mail, postage prepaid, to the registered owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the owner of any Bond. B. In the case of an optional redemption, the notice may state that the City retains the right to rescind the redemption notice and the related optional redemption of Bonds by giving a notice of rescission to the affected registered owners at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. C. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption unless the Bond or Bonds called are not redeemed when presented pursuant to the call. In addition, the redemption notice shall be mailed within the same period, postage prepaid, to the MSRB and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. Section 9. Failure to Redeem Bonds. If any Bond is not redeemed when properly presented at its maturity or call date, 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 call date 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 Bond Fund and the Bond has been called for payment by giving notice of that call to the registered owner of each of those unpaid Bonds. Section 10. Pledge of Taxes. For as long as any of the Bonds are outstanding, the City irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City on all of the taxable property within the City in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bonds, and the full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest. Section 11. Form and Execution of Bonds. A. The Bonds shall be prepared in a form consistent with the provisions of this ordinance and state law and shall be signed by the Mayor and 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. W Word Processing General Liability Bonds SH:n,rh 07/14/2010 Page 6 of 13 B Only Bonds bearing a Certificate of Authentication in 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, Linuted Tax General Obligation Bonds, [Series 2010A/Series 2010B (Taxable Build America Bonds Direct Payment)), described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENT Bond Registrar By Authorized Signer C. 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. D If any officer whose facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds 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 the date of issuance of the Bonds. Section 12. Duties of Bond Registrar. A. 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 City Ordinance No 1338 establishing a system of registration for the City's bonds and obligations. B The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds. The Bond Registrar may become the owner of Bonds 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 Bond owners. Section 13. Preservation of Tax Exemption for Interest on Series 2010A Bonds. The City covenants that it will take all actions necessary to prevent interest on the Series 2010A Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Series 2010A Bonds or other funds of the City treated as proceeds of the Series 2010A Bonds at any time during the term of the Series 2010A Bonds which will cause interest on the Series 2010A Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirement of Section 148 of the Code is applicable to the Series 2010A Bonds, take all actions necessary to comply (or to be treated as having complied) with that requirement in connection with the Series 2010A Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the W. Word Processing General Liability Bonds SH:mrh 07/14/2010 Page 7 of 13 21 22 Code to prevent interest on the Series 2010A Bonds from being included in gross income for federal income tax purposes. Section 14. Designation of Series 2010A Bonds as "Qualified Tax Exempt Obligations." The City has determined and certifies that: 1 the Series 2010A Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; 2. the reasonably anticipated amount of tax exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax exempt obligations from the City, or that issues tax exempt obligations on behalf of the City) will issue during the calendar year in which the Series 2010A Bonds are issued will not exceed $30,000,000; and 3 the amount of tax exempt obligations, including the Series 2010A Bonds, designated by the City as "qualified tax exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Series 2010A Bonds are issued does not exceed $30,000,000 The City designates the Series 2010A Bonds as "qualified tax exempt obligations" for the purposes of Section 265(b)(3) of the Code. Section 15. Election to Treat Series 2010B Bonds as "Build America Bonds Tax Covenants. A. The City hereby irrevocably elects to have Section 54AA of the Code apply to the Series 2010B Bonds so that the Series 2010B Bonds are treated as "build America bonds," and further to have Subsection 54AA(g) of the Code apply to the Series 2010B Bonds so that the Series 2010B Bonds are treated as "qualified bonds" with respect to which the City will be allowed a credit payable by the United States Treasury to the City pursuant to Section 6431 of the Code in an amount equal to 35% of the interest payable on the Series 2010B Bonds on each interest payment date. The City authorizes and directs the Finance Director (or his or her designee) to take such actions and enter into such agreements as are necessary or appropriate for the City to receive from the United States Treasury the applicable federal credit payments in respect of the Series 2010B Bonds, including, but not limited to, entering into a calculation agency agreement with a calculation agent and the timely filing with the Internal Revenue Service of Form 8038 -CP- "Return for Credit Payments to Issuers of Qualified Bonds" in the manner prescribed by Internal Revenue Service Notice 2009 -26 B The City covenants that it will comply with the provisions of the Code, compliance with which would result in the interest on the Series 2010B Bonds being excluded from gross income for federal tax purposes but for the City's irrevocable election to have Section 54AA of the Code apply to the Series 2010B Bonds. Section 16. Refunding or Defeasance of the Bonds. A. The City may issue refunding bonds pursuant to the laws of the State of Washington or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then outstanding Bonds (hereinafter collectively called the "defeased Bonds and to pay the costs of the refunding or defeasance. If money and /or "government obligations" (as defined in chapter 39.53 RCW, as now or hereafter amended) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account then all right and interest of the owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. The owners of defeased Bonds shall have the right W- Word Processing General Liability Bonds SH:mrh 07/14/2010 Page 8 of 13 to receive payment of the principal of and interest on the defeased Bonds from the trust account. The City shall include in the refunding or defeasance plan such provisions as the City deems necessary for the random selection of any defeased Bonds that constitute less than all of a particular maturity of a series of Bonds, for notice of the defeasance to be given to the owners of the defeased Bonds and to such other persons as the City shall determine, and for any required replacement of Bond certificates for defeased Bonds. The defeased Bonds shall be deemed no longer outstanding, and the City may apply any honey in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine. B If the Bonds are registered in the name of DTC or its nominee, notice of any defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. Section 17. Bond Fund; Project Funds; and Deposit of Bond Proceeds. A. The Bond Fund is hereby created and established in the office of the Finance Director as a special fund designated the Limited Tax General Obligation Bond Fund, 2010, for the purpose of paying principal of and interest on the Bonds. All taxes collected for and allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund. B The Project Funds also are hereby created and established in the office of the Finance Director as special funds designated the Southcenter Parkway Construction Fund, the Strander Boulevard Construction Fund and the Emergency Capital Fund. The principal proceeds and premium, if any, received from the sale and delivery of the Bonds shall be paid into the Project Funds and used to pay the costs of the Projects and costs of issuance of the Bonds. Until needed to pay such costs, the City may invest principal proceeds temporarily in any legal investment, and the investment earnings may be retained in the Project Funds and be spent for the purposes of those funds except that earnings subject to a federal tax or rebate requirement may be withdrawn from the Project Funds and used for those tax or rebate purposes. Any amounts remaining in the Project Funds after payment of the costs of the Projects and costs of issuance of the Bonds may be used for any other proper City purpose. Section 18. Approval of Bond Purchase Contract. A. Seattle Northwest Securities Corporation of Seattle, Washington, has presented a purchase contract (the "Bond Purchase Contract to the City offering to purchase the Bonds under the terms and conditions provided in the Bond Purchase Contract, which written Bond Purchase Contract is on file with the Finance Director and is incorporated herein by this reference. The City Council finds that entering into the Bond Purchase Contract is in the City's best interest and therefore accepts the offer contained therein and authorizes its execution by City officials. B The Bonds will be printed at City expense and will be delivered to the purchaser in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper PLLC, municipal bond counsel of Seattle, Washington, regarding the Bonds. C. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Bonds to the purchaser and for the proper application and use of the proceeds of the sale thereof. Section 19. Preliminary Official Statement Deemed Final. The City Council has been provided with copies of a preliminary official statement dated 2010 (the "Preliminary Official Statement prepared in connection with the sale of the Bonds. For the sole purpose of the Bond purchaser's compliance with SEC Rule 15c2- 12(b)(1), the City "deems final" that Preliminary Official Statement as of its date, except for the omission of information as to offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, maturity dates, options of redemption, delivery dates, ratings and other terms of the Bonds dependent on such matters. W Word Processing General Liability Bonds SH:rnrh 07/14/2010 Page 9 of 13 23 24 Section 20. Undertaking to Provide Continuing Disclosure. To meet the requirements of SEC Rule 15c2- 12(b)(5) (the "Rule as applicable to a participating underwriter for the Bonds, the City makes the following written undertaking (the "Undertaking for the benefit of holders of the Bonds: 1 Undertaking to Provide Annual Financial Information and Notice of Material Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB. a. Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection 2 of this section "annual financial information b Timely notice of the occurrence of any of the following events with respect to the Bonds, if material: (1) principal and interest payment delinquencies; (2) non payment related defaults; (3) unscheduled draws on debt service reserves reflecting financial (4) unscheduled draws on credit enhancements reflecting financial difficulties; difficulties, perform, (6) adverse tax opinions or events affecting the tax exempt status of the Series 2010A Bonds; (7) modifications to rights of holders of the Bonds; (8) Bond calls (other than scheduled mandatory redemptions of Term Bonds), Bonds; and (11) rating changes; and c. Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection 2 of this section. 2. Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection 1 of this section. a. Shall consist of: (1) annual financial statements prepared (except as noted in the financial statements) in accordance with the generally accepted accounting principles applicable to Washington State local governmental units, as such principles may be changed from time to time, which statements shall not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided, bonds; collected, (5) substitution of credit or liquidity providers, or their failure to (9) defeasances; (10) release, substitution, or sale of property securing repayment of the (2) authorized, issued and outstanding balance of general obligation (3) assessed valuation of property within the City for the fiscal year; and (4) regular property tax levy rates and amounts and percentage of taxes W. Word Processing General Liability Bonds SH:mrh 07/14/2010 Page 10 of 13 b Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2009; and c. May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. 3 Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by the Rule. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. 4. Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and any holder of Bonds, and shall not inure to the benefit of or create any rights in any other person. 5 Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of prior redemption or payment in full of all the then outstanding Bonds. In addition, the City's obligations under this Undertaking shall terminate if those provisions of the Rule which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to the MSRB 6. Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take such actions as that holder deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking. 7 Designation of Official Responsible to Administer Undertaking. The Finance Director (or such other officer of the City who may in the future perform the duties of that office) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with the Rule, including, without limitation, the following actions: a. Preparing and filing the annual financial information undertaken to be provided, b. Determining whether any event specified in subsection 1 has occurred, assessing its materiality with respect to the Bonds, and, if material, preparing and disseminating notice of its occurrence; c. Determining whether any person other than the City is an "obligated person" within the meaning of the Rule with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of material events for that person in accordance with the Rule, W Word Processing General Liability Bonds SH:mrh 07 /14/2010 Page 11 of 13 25 26 d. Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and e. Effecting any necessary amendment of the Undertaking. Section 21. Bond Insurance. The City Council finds that it is in the City's best interest to purchase, and that a savings will result from purchasing, the financial guaranty insurance policy for the Bonds. The City is hereby authorized to purchase from the Bond Insurer the financial guaranty insurance policy insuring the prompt payment of the principal of and interest on the Bonds and agrees to the conditions for obtaining such policy, including the payment of the premium therefor. The Mayor and the Finance Director are each independently authorized to execute the Bond Insurer's Commitment to Issue Financial Guaranty Insurance Policy and all other documents on behalf of the City in connection with the financial guaranty insurance policies. Section 22. 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 23. 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 2010 ATTEST/ AUTHENTICATED• Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY. Office of the City Attorney W Word Processing General Liability Bonds SH:rn'h 07 /14/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number. Page 12 of 13 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 special meeting of the City Council of the City held at the regular meeting place thereof on 2010, as that ordinance appears on the minute book of the City; and the ordinance will be in full force and effect five days after publication in the City's official newspaper; 2. Written notice specifying the time and place of the special meeting and noting the business to be transacted was given to all members of the City Council by mail or by personal delivery at least 24 hours prior to the special meeting, a true and complete copy of which notice is attached hereto as Appendix 1, 3. Written notice of the special meeting was given to each local radio or television station and to each newspaper of general circulation that has on file with the City a written request to be notified of special meetings, or to which such notice customarily is given; and 4. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper maluler for the passage of the ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of .2010 W Word Processing General Liability Bonds SH:mrh 07/14/2010 CERTIFICATION CITY OF TUKWILA, WASHINGTON Christy O'Flaherty, CMC, City Clerk Page 13 of 13 27 28 COUNCIL AGENDA SYNOPSIS Initaals Meetang Date Prepared by 1 Mayar4 ew Council review 07/12/10 SH 1/✓'� 07/19/10 sh 1 ITEM INFORMATION ORIGINAL AGENDA DATE: JULY 12, 2010 CAS NUMBER 10-083 AGENDA ITEM TITLE Seattle Southside Visitors Center (SSVS) change fund. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing I 1 Other Mtg Date 7/12/10 Mtg Date Mtg Date 7/19/10 Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs n DCD Finance Fire Legal E P&R Police PTV SPONSOR'S The Seattle Southside Visitors' Service Center (SSVS) plans to begin selling tourism related SUMMARY items, such as admission tickets, to the public. To realize operational efficiencies, establishment of a new $100.00 change fund level is requested. REVIEWED BY n COW Mtg n CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte n Arts Comm. I 1 Parks Comm. Planning Comm. DA _LE: 7/7/10 RECOMMENDATIONS: SPONSOR /ADMIN. Finance COMMTI IEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED Fund Source: Comments. 1 MTG. DATE 1 RECORD OF COUNCIL ACTION 1 7/12/10 Forward to next Regular Meeting 7/19/10 MTG. DATE 1 ATTACHMENTS 7/12/10 Informational Memorandum dated 6/16 /2010, with attachments Minutes from the Finance and Safety Committee Meeting of 7/7/10 7/19/10 Resolution in final form ITEM No. Mtg Date Mtg Date APPROPRIATION REQUIRED 'Ly 30 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SEATTLE SOUTHSIDE VISITOR CENTER CHANGE FUND LEVEL; AND REPEALING RESOLUTION NO. 1676. WHEREAS, the Tukwila City Council previously established Change Funds and Petty Cash Fund levels, most recently by Resolution No 1676, passed February 2, 2009, and WHEREAS, for the implementation of new retail operations, cashiering functions and improved customer service, there is a need to establish a new change fund level in the amount of $100.00 for the Seattle Southside Visitor Center; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Change Fund levels are hereby set as follows: Finance Department City Clerk's Office Seattle Southside Visitor Center Municipal Court Parks and Recreation Golf Course Section 2. The Petty Cash Fund levels are hereby set as follows: Finance Department Police Investigation /Tukwila Fire Department Parks and Recreation Public Works Division II Public Works Division I Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W.\ Word Processing Resolutions \Southside Change Fund.docx PM:mrh 7/13/2010 1 Water Fund 1 General Fund 1 Hotel /Motel Tax Fund 1 General Fund 1 General Fund Foster Golf Course Fund 1 General Fund General Fund General Fund 1 General Fund 1 General Fund 1 General Fund 000 000 101 000 000 411 000 000 000 000 000 000 Section 3. Resolution No. 1676 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED• Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council. Resolution Number 100 00 1 100.00 1 100 00 1 300.00 1 300.00 1,200 00 (or less, as needed) 800.00 1 10,000.00 350.00 500.00 1 350.00 1 200.00 1 Page 1 of 1 31 32 CAl'LGORY Discussion Motion n Resolution Mtg Date 7/12/10 Mtg Date Mtg Date SPONSOR'S SUMMARY Fund Source: Comments 41111 "t -G °DAI 7/12/10 7/19/10 EXPENDITURE REQUIRED 7/12/10 7/19/10 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by oun M s revzezv revzezv 07/12/10 SH Y 07/19/10 SH CAS NUMBER 10-080 ORIGINAL AGENDA DA I E.. JULY 12, 2010 AGENDA ITEM TITLE Proposed Program Reductions and Revenue Increases Public Meeting Mtg Date 7/19/10 Mtg Date SPONSOR Counczl Mayor Adm Svcs DCD Finance Fare Legal P&R n Police PWI The City Council has scheduled a Public Meeting to solicit citizen input on recommended program reductions and revenue increases. Three draft revenue ordinances are provided for consideration. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm Planning Comm. DA _LE: 06/28/2010 RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office: Forward revenue ordinances to July 19 regular meeting. CoMMIrlhE N.A. AMOUNT BUDGETED Forward to the next Regular Meeting URC ITEM No. Ordinance n Bad Award Public Heanng Other Mtg Date Mtg Date APPROPRIATION REQUIRED ACHMEN Informational Memorandum regarding Public Meeting dated 7/12/2010 Informational Memorandum regarding Revenue Enhancement Ords dated 7/7/2010 Revenue Enhancements spreadsheet Ordinances RGRL, Utility Taxes and Business License Fee CIP Attachment D, E F 3 Ordinances in final form Q 34 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING REVENUE GENERATING REGULATORY LICENSES TO BE CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.62, "REVENUE GENERATING REGULATORY LICENSES PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council recognizes the City of Tukwila is in need of additional revenue sources in order to address a dramatic decline in recent sales tax collections, and WHEREAS, the City Council and Mayor are in the process of implementing permanent reductions to the General Fund operating budget; and WHEREAS, such expenditure reductions are not sufficient to fully account for the recent decline in revenue, the City Council has determined it is in the best interest of Tukwila citizens and businesses to provide long -term financial stability, rather than continuing to use one -time cost savings measures, to address unplanned economic challenges the City might be faced with in the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code Chapter 5 62, "Revenue Generating Regulatory Licenses," is hereby established to read as follows: CHAPTER 5.62 REVENUE GENERATING REGULATORY LICENSES Sections: 5.62.010 Regulatory Licenses 5.62.020 Revenue Generating Regulatory License Fee (RGRL) 5 62.030 Determination of number of employees for RGRL 5 62.040 Exemptions 5 62.050 Penalties 5.62.010 Regulatory licenses. A business that holds a current valid City of Tukwila regulatory license under another chapter of this code must also file the general business license application form, pay the general business license fee and pay the revenue generating regulatory license fee (RGRL) pursuant to this chapter. The fee levied in this chapter shall be additional to any license fee or tax imposed or levied under the law or any other ordinance of the City except as expressly provided herein. 5.62.020 Revenue generating regulatory license fee (RGRL). A. General. In addition to the business license fee, the highest applicable RGRL m this section shall be paid for the annual license issued under this chapter W Word Processing Revenue Generating Regulatory License SH:mrh Page 1 of 5 35 36 1 A business with less than $12,000.00 of average annual gross receipts shall be exempt from any RGRL. 2. For the purposes of this section and in determining the applicable RGRL, the term "employee" means and includes each of the following persons who are not required by the City to have his /her /its own separate City of Tukwila business license: a. Any person who is on the business's payroll, and includes all full -time, part -time, and temporary employees or workers, and b Self- employed persons, sole proprietors, owners, officers, managers, and partners; and c. Any other person who performs work, services or labor at the business, including an independent contractor who is not required to have a separate City of Tukwila business license. 3. An entity that is entirely exempt from paying the business license fee shall be exempt from any RGRL. 4. An entity with some activities or functions that are exempt from the business license fee and some that are not exempt shall pay an RGRL based on the number of its employees that are involved in the functions or activities that are not exempt. B. Amount of RGRL. 1 Revenue Generating Regulatory License (RGRL) Fee Method. Except as otherwise provided by this chapter, every person engaging in business within the City shall pay an RGRL based upon the number of employee hours worked in Tukwila during the previous year Annual employee hours are calculated based on the sum of the 4 quarterly reports submitted to the Washington State Department of Labor and Industries (L &I) for the previous year. It will be the responsibility of the employer to determine the number of hours worked within the City from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of hours worked within the City and demonstrate, if required, to the satisfaction of the Finance Director or his /her designee, that the number of employee hours worked is correct. 2. The annual RGRL fee shall be calculated by multiplying the minimum fee, as defined in subsection (F) of this section, by the number of full- time equivalent employees that worked in Tukwila. The approved fee per full -time employee is $0.028646 (which represents a RGRL multiplier of $0 028646 per employee hour worked), as may be adjusted herein. Employers without a full year history would need to estimate the number of employee hours that will be worked in the current calendar year 3. If a business has more than one location in Tukwila, the annual business license fee calculation must include a minimum fee for each location and the RGRL for annual employee hours at all locations. C. Alternative FTE Method. A business may choose to calculate its annual RGRL fee by multiplying the minimum fee by the number of its employees. The number of employees shall be based on the sum of the employees in the 4 quarterly reports submitted to the Washington State Department of Labor and Industries (L &I) for the previous year divided by four. It will be the responsibility of the employer to determine the number of employees working within the City from these reports. Businesses that did not file quarterly reports with the Washington State Department of Labor and Industries shall determine the number of employees working in the City and demonstrate, if required, to the satisfaction of the Finance Director or his /her designee, that the number of employees is correct. Employers without a full year history would need to estimate the number of employees that will work in the City for the current calendar year. W Word Processing Revenue Generating Regulatory License SH:inrh 07/15/2010 Page 2 of 5 D Once the FTE methodology has been selected, it must be used for future renewals. 1 Businesses with more than one location in the City of Tukwila must use the same method of calculation for all locations. E. For businesses with employees who work Less than 1,920 hours per year (the work hour figure used by the Washington Department of Labor and Industries) the total number of hours worked by all such employees during the 4 quarters of the previous year shall be added together and divided by 1,920 to determine the FTE equivalency F. It will be the responsibility of the business to determine the total number of FTEs (or equivalency) and demonstrate if required, to the satisfaction of the Finance Director or his /her designee that the calculation is accurate. G. The RGRL fee for a business required to be licensed under this chapter and not located within the City's corporate limits shall be calculated by multiplying the minimum fee by the number of employee hours worked within the City, but in no event shall the license fee be less than the minimum fee set forth in this chapter If the number of employee hours worked is not known at the time of renewal, the business shall estimate the maximum number of employee hours they anticipate using in Tukwila during the year H. Businesses doing business in the City that have no employees physically working within the City shall pay the minimum fee required under this chapter I. The minimum fee under this chapter shall be $55 00, and may be amended from time to time. J Payment made by draft or check shall not be deemed a payment of the RGRL fee unless and until the same has been honored in the usual course of business, nor shall acceptance of any such check or draft operate as a quittance or discharge of the fee unless and until the check or draft is honored. Any person who submits a RGRL fee payment by check to the City pursuant to the provisions of this chapter shall be assessed an NSF fee set by the Finance Director if the check is returned unpaid by a bank or other financial institution for insufficient funds in the account or for any other reason. 5.62.030 Determination of number of employees for RGRL. For the purposes of this section, "employee" shall be defined as in Section 5.62.020 A. Standard Rule. In determining the amount of RGRL fee to be paid for the upcoming license year, the number of employees shall be the current number of employees or the number of employees on the last regular working day of each of the last twelve months divided by twelve, whichever is higher Each person who comes under the definition of "employee" shall be counted as one employee, even if the person works part -time. B Alternative Method "FTE A business may choose to calculate the number of employees for the purpose of the RGRL fee according to the following alternative method based on the number of employee hours worked for the business during the previous year 1 The business must notify the City of its choice to use the FTE method. It will be the responsibility of the business to determine the number of hours worked for the business, taking into account the information submitted to L &I in the last 4 quarterly reports. The business must demonstrate, to the satisfaction of the Finance Director, that the alternative calculation is accurate. The director may require the business to submit copies of its L &I reports. 2. Each employee who worked more than 1,920 hours during the previous year (including paid time off) shall be counted as one employee. If a person such as an W Word Processing Revenue Generating Regulatory License 5H:nvxh 07/15/2010 Page 3 of 5 37 38 owner or partner devotes more than 1,920 hours per year to the business, that person must be counted as one employee for RGRL purposes. 3 Where there are employees who work less than 1,920 hours per year, the total number of hours worked by all such employees during the previous year shall be added together and divided by 1,920. A fraction of one -half or over shall be rounded up Hours worked by persons who are defined as employees for RGRL purposes must be included in the calculation even if the business is not required to report to L &I concerning such persons. 4. The results from subsection B.2 of this section plus subsection B.3 of this section shall be the total number of employees used to determine the amount of the RGRL. C. New Businesses. The RGRL fee for a business that did not submit reports for each of the last 4 quarters to L &I shall be based on the estimated number of employees of that business. The business shall provide its estimate of the average number of employees for the upcoming year. The City will determine the number of employees that will be used in calculating the amount of the RGRL. If, during the license year, the City determines the actual number of employees is significantly different than estimated, the amount of the RGRL fee will be recalculated for the new business. If the revised RGRL fee is higher, the business must pay the difference within thirty days after notification. D Over Reporting Number of Employees. A business may request that the City refund RGRL overpaid on the basis that the business miscounted the number of employees by an error factor of more than 15% The request must be in writing and the City must receive the request and all supporting documentation no later than 60 days after the end of the licensee's fiscal year in which the error was made. If the City is satisfied the licensee paid an excess RGRL, the City will refund the excess RGRL paid by the licensee. E. Under Reporting of Employees. If the City determines the number of employees was under reported at the time of application or renewal by an error factor of more than 15 the business shall pay the balance of the applicable RGRL fee together with a penalty of 20% of such balance due. The business shall also reimburse the City for any accounting, legal, or administrative expenses incurred by the City in determining the under reporting or in collecting the additional amounts. The Finance Director shall mail written notice of the amount to be paid and the business shall pay said amount to the City within 30 days. If the City does not receive timely payment, an additional penalty shall be added, applying the schedule for late payments in this chapter 5.62.040 Exemptions. A. Exemptions. The following entities may claim an exemption from the license fee, but if exempt under this subsection such entities shall still register under this chapter 1. Certain Organizations Exempt from Federal Income Tax. An organization that files with the city a copy of its current IRS 501(c)(3) exemption certificate issued by the Internal Revenue Service. 2. A governmental entity that engages solely in the exercise of governmental functions. Activities which are not exclusively governmental such as some of the activities of a hospital or medical clinic, are not exempt under this chapter 3 A nonprofit business operated exclusively for a religious purpose, upon furnishing proof to the finance director of its nonprofit status. For the purposes of this chapter, the activities that are not part of the core religious functions are not exempt. W Word Processing Revenue Generating Regulatory License 5H:mrh 07/15/2010 Page 4 of 5 4. Civic groups, service clubs, and social organizations that are not engaged in any profession, trade, or occupation, but are organized to provide civic, service, or social activities in the City a. Examples of such organizations include but are not limited to. Soroptomists, Kiwanis; Lions' Rotary; American Legion, children's and adults athletic leagues and similar types of groups, clubs or organizations. 5.62.050 Penalties A. Monetary Penalty. Failure to pay the RGRL fee within 20 days after the day on which it is due and payable pursuant to TMC Section 5.62.020 shall render the business subject to a penalty of 5% of the amount of RGRL fee for the first month of the delinquency and an additional penalty of 5% for each succeeding month of delinquency, but not exceeding a total penalty of 25% of the amount of such RGRL fee, plus any accounting, legal or administrative expenses incurred by the City. No business license for the current period shall be granted until the delinquent fees, together with penalties, have been paid in full. The Finance Director or his /her designee is authorized, but not obligated, to waive all or any portion of the penalties and interest provided herein in the event the Director or his /her designee determines that the late payment was the result of excusable neglect or extreme hardship B Collection. Any RGRL fee due and unpaid under this chapter, and all penalties thereon, shall constitute a debt to the City and may be collected in court proceedings in the same manner as any other debt in like amount, which remedy shall be in addition to any and all other existing remedies. C. Revocation of License. The Finance Director may revoke any business license issued pursuant to this chapter to any business or other person who is in default in any payment of any RGRL fee hereunder, or who shall fail to comply with any of the provisions of this chapter Notice of such revocation shall be mailed to the license holder by the Finance Director, and on and after the date thereof any such business who continues to engage in business shall be deemed to be operating without a license and shall be subject to any and all penalties herein provided. D. There shall be a penalty of not less than $50 00 to reinstate any business license revoked through nonpayment of the RGRL fee. Section 2. 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 3. 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 and effect 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 2010 ATTEST/ AUTHENTICATED• Jim Haggerton, Mayor Christy O'Flaherty, CMC Filed with the City Clerk: APPROVED AS TO FORM BY Passed by the City Council. Published. Effective Date: Office of the City Attorney Ordinance Number W Word Processing Revenue Generating Regulatory License SH:rnrh 07/15 /2010 Page 5 of 5 39 40 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2258 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 3.54, EXTENDING THE CITY UTILITY TAX SUNSET PROVISION, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, at the time Ordinance No. 2258 was passed, the City Council wished to provide a sunset provision for the collection of City utility taxes; 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 2015, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Sect 1. TMC 3.54.030 Amended. Ordinance No. 2258 §1 (part), as codified at TMC Section 3.54.030, is hereby amended as follows: 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. 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, 2015 Section 2. 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 3. 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 and effect 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 2010 ATTEST/ AUTHENTICATED: Christy O'FIaherty, CMC APPROVED AS TO FORM BY Office of the City Attorney W \Word Processing Ordinances \Utility Tax Sunset Extension.docx SH:mrh 07/13/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Page 1 of 1 41 42 C1 of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2179 §2 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.04, REVISING THE CITY'S BUSINESS LICENSE FEE SCHEDULE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council recognizes the City of Tukwila is in need of additional revenue sources in order to address a dramatic decline in recent sales tax collections; and WHEREAS, the City of Tukwila's business license regulations have been established to ensure the legal conduct of businesses, to assist in the effective administration of health, fire, building, zoning and other codes of the City, and to provide a means for obtaining public information and compiling statistical information on existing and new businesses within the corporate limits of the City of Tukwila, and WHEREAS, the City Council and Mayor are in the process of implementing permanent reductions to the General Fund operating budget; and WHEREAS, such expenditure reductions are not sufficient to fully account for the recent decline in revenue, the City Council has determined it is in the best interest of Tukwila citizens and businesses to provide long -term financial stability, rather than continuing to use one -time cost savings measures, to address unplanned economic challenges the City might be faced with in the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 5.04.020 Amended. Ordinance No 2179 §2 (part), as codified at TMC Section 5.04.020, "Application and fees required" is hereby amended as follows: A. Any person desiring to establish or conduct any business enterprise or undertaking within the corporate limits of the City shall first apply to the City Clerk for a license to conduct such business. The application shall be upon a form furnished by the Clerk on which the applicant shall state the company name and address, the nature of the business activity or activities in which he desires to engage, the place where the business will be conducted, the number of employees, whether full or part -time, on the payroll as of January 1, or, if a new business, the number to be employed on the opening date, and other information pertaining to the business as required by the City B The application must be accompanied by a check, cash or money order for the amount of the license fee. All fees will be based on the number of employees, whether full or part -time, as follows: 0 to 10 11 to 20 21 to 50 51 to 100 101 and up Home Occupation (pursuant to TMC 5 04.010) W Word Processing Business License Fee Increase SH:mh 07/13/2010 $100.00 $150 00 $300 00 $400 00 $600 00 $50 00 Page 1 of 2 43 44 Section 2. 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 3. 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 January 1, 2011 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010 ATTEST/ AUTHENTICATED• Christy O'Flaherty, CMC APPROVED AS TO FORM BY. Office of the City Attorney W Word Processing Business License Fee Increase SHaih 07/13/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Page 2 of 2 19th (Monday) Transportation Crate, 5:00 PM (CR 41) City Council Regular Mtg., 7 PM (Council Chambers) >City Council Special Meeting/ Executive Session, 5:30 7 PM (Council Chambers) City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) 20th (Tuesday) Summer Work Party at Codiga Park 10'00 AM 2:00 PM Registration required: E -mail Dhira Brown at restoration @puget sound.org or call 206 382 -7007, ext. 182 Finance Safety Cmte, 5:00 PM (CR 43) Arts Commission, 5.30 PM (Community Center) RESCHEDULED FROM JULY 6TH 26th (M6ndaq)?'''27th, {Tuesday) Community Utilities Cmte, Affairs 5 PM Parks Cmte, (CR 41) 5 00 PM (CR 43) Upcoming Meetings Events JULY 2010 Zlst (Wednesday) Public Information Meeting on Residential Rental Licensing Inspection Program 1000 AM Tukwila Connnunity Center (12424 42nd Ave. S.) Call 206 -431 -3670 to reserve a space. Parks Commission, 5.30 PM (Community Center) Library Advisory Beard CANCELLED .28th (Wednesday) to register your neighborhood for National Night Out (on August 3rd). "Registered" addresses will be visited by City officials and/or staff members.) Visit http.//www.ci tukwila.wa.us/police/ pdcrinzep.htnzl or call Chris at 106 -431 -2197 COPCAB, 6.30 PM (CR 45) Court 22nd (Thursday) 23rd (Friday) 24th (Saturday) Planning Commission, 6.30 PM (Council Chambers) Peanut Butter and Jam Concert Series 4' FREE family fun! 12:00 Noon (Tukwila Community Center by the Spray Park) This week: Casper Babypants 29th '(Thursday) 30th (Friday) 31st (Saturday)•, Southcenter Parkway Extension Groundbreaking 10•00 AM (Seattle Tractor Parts at 18801 Southcenter Pkwy) Visit www.ci.tukwila. wa. us/southcenter.htm I Peanut Butter and Jam Concert Series FREE family fun! 12:00 Noon (Community Center by the Spray Park) This week: The Not -Its! Summer Outdoor Cinema Series FREE! Donation of two cans of food per family member requested to support the Tukwila Food Pantry (Monetary donations also accepted.) (Community Center) Lawn seating begins at 7:30 PM; movie starts at dusk. Today's movie: Cloudy with a Chance of Meatballs (Movie will be shown inside in the event of inclement weather) Tukwila Int'I. Blvd. Action Crate's Trash Pickup Day 9'00 1000 AM For location contact Rick at rick@forschler org Arts Commission: 1st Tues., 5.30 PM, Tukwila Community Center Contact Stephanie Gardner at 206- 767 -2342. City Council Regular Meeting: 1st 3rd Mon., 7.00 PM, Council Chambers at City Hall. Finance Safety Committee: 1st 3rd Tues., 5 PM, Con£ Room 43 Agenda items, for 7/10/10 meeting: (A) Comprehensive Annual Financial Report (CAFR) update. (B) Block Watch update. Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library Contact Stephanie Gardner at 206- 767 -2342. Parks Commission: 3rd Wed., 5.30 PM, Senior Game Room at Community Center Contact Stephanie Gardner at 106- 767 -1342. Planning Commission /Board of Architectural Review. 4th Thurs., except 2nd Thursday in Nov Dec., 6.30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 431 -3670. Transportation Committee: 1st 3rd Mon., 5 PM, Conf. Room 41 Agenda item for 7/19/10 meeting• (A) Tukwila bicycle routes and sidewalk segments design report. 45 46 MONTH. July Tentative Agenda Schedule 5th Independence Day (observed) (City offices closed) August 30 Fifth Monday of the month —no Council meeting scheduled MEETING" REGULAR 6 (Tuesday) 2 Special Presentation: Global to Local initiative (Adam Taylor, Project Mgr.) Public Hearing: Ordinance relating to the preservation of industrial land within the Manufacturing Industrial Center, renewing a six month moratorium on the acceptance of applications for and issuance of land use, building and development permits, business licenses and /or approvals for any change in use for certain non industrial uses within the MIC. Unfinished Business: Ordinance (see Public Hearing item) Sensitive Areas ordinance Briefing by adminis- tration regarding implementation of program and service reductions MEETING C.O.W. 12 9 Special Issues: Sign Code Budget: Briefing on Metropolitan Park District options MEETING 3 MEETING 4 REGULAR.,' C.O.W.' 19 See agenda packet cover sheet for this week's agenda (July 19, 2010 Regular Meeting) 16 Unfinished Business: Sign Code 26 5:30 7:00 PM SPECIAL MEETING/ EXECUTIVE SESSION Public Hearing: Sensitive Areas ordinance Special Issues: Sensitive Areas ordinance Budget: Public presentation to Council on status of labor negotiations followed by Council discussion of next steps, which could include another round of program /service reduction decisions in September 23 COMMI I 1 BE OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING