HomeMy WebLinkAboutOrd 2569 - Tree Regulations Regarding Definitions (TMC Chapter 18.06)Cover page to Ordinance2569
The full text of the ordinance follows this cover page.
Ordinance2569was amended or repealedby the following ordinances.
AMENDEDREPEALED
Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord#
8, 15, 33, 411-12, 14-342569
2627
211-37, 40-462741
2518
192627
392569
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADDING AND REVISING
DEFINITIONS RELATED TO TREES, AS CODIFIED IN
TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO REFLECT
BEST PRACTICES; REPEALING DEFINITIONS CODIFIED IN
TUKWILA MUNICIPAL CODE CHAPTER 18.06 THAT ARE NO
LONGER NEEDED; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City has adopted Comprehensive Plan goals and policies on urban
forestry and landscaping; and
WHEREAS, the City has adopted new landscaping and tree regulations to implement
the Comprehensive Plan goals and policies on urban forestry and landscaping; and
WHEREAS, the Definitions found in Tukwila Municipal Code (TMC) Chapter 18.06
must be updated to include terminology that reflects best practices in the landscaping and
arboriculture industry; and
WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of
citizens, business representatives, environmental professionals and City officials, met in
September, October and November 2017 to review and provide guidance on tree
regulations and revisions to Zoning Code definitions, which were forwarded to the Tukwila
Planning Commission for review; and
WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non -Significance on the proposed
amendments to TMC Chapter 18,06, "Definitions;" and
WHEREAS, in accordance with RCW 36.70A. 106 and WAC 365-196-630, on January
5, 2018, a 60-day notice of intent to adopt the proposed revised development regulations
was sent to the State of Washington Department of Commerce and to other state
agencies to allow for a review and comment period, which comment period ended prior to
adoption of this ordinance; and
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WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending
the Tukwila Municipal Code and at that meeting adopted a motion recommending the
proposed changes; and
WHEREAS, the Tukwila City Council, following adequate public notice, held a public
hearing on March 26, 2018, to receive testimony concerning the recommendations of the
Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section Adopted.
Chapter 18.06, "Definitions," as follows:
At -Risk Tree
A new section is hereby added to TMC
"At -Risk Tree" means a tree that is exposed to potential damage but can be
retained during construction by use of appropriate tree protection measures as
prescribed by a Qualified Tree Professional or by TMC Chapter 18.54.
Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as currently codified at TMC Section 18.06.125, "Caliper," is hereby amended to
read as follows:
Caliper
"Caliper" means the AmericanHort accepted standard for measurement of trunk
size of nursery stock. Caliper of the trunk for new trees shall be taken six inches above
the ground for up to and including four -inch caliper size trees, and 12 inches above
ground for larger size trees.
Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as currently codified at TMC Section 18.06.135, "Canopy Cover," is hereby
amended to read as follows:
Canopy Cover
"Canopy Cover" means the extent of the canopy for an individual tree, or the
cumulative areal extent of the canopy of all trees on a site. When a tree trunk straddles
a property line, 50% of the canopy shall be counted towards each property. The canopy
coverage of immature trees and newly planted trees is determined using the projected
canopy areas in the City of Tukwila's Recommended Tree List.
Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as currently codified at TMC Section 18.06.140, "Certified Arborist," is hereby
amended to read as follows:
Certified Arborist
See "Qualified Tree Professional".
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Section 5. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
M ff ff MT EMU T. M I
"Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from
the trunk that is equal to one foot for every inch of trunk diameter measured at four and
one-half feet from grade (DBH) or otherwise determined by a Qualified Tree
Professional. Example: A 24-inch diameter tree would have a CRZ of 24 feet. The total
protection zone, including trunk, would be 48 feet in diameter.
Section 6. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
I" 4=1 I
"Crown" means the area of a tree containing leaf- or needle -bearing branches.
Section 7. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Dead Tree
"Dead Tree" means a tree with no live crown and no functioning vascular tissue.
Section 8. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as currently codified at TMC Section 18.06.220, "Diameter/Diameter-Breast-Height
(d.b.h.)," is hereby amended to read as follows:
Diameter at Breast Height (DBH)
"Diameter at Breast Height (DBH)" means the diameter of existing trees measured
four and one-half feet above the ground.
Section 9. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
I =IP
"Dripline" means the distance from the tree trunk that is equal to the furthest extent
of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater.
Section 10. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Exceptional Tree
"Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For
trees with two stems, if the stems have a combined total diameter of at least 18 inches,
the tree shall be considered an Exceptional Tree. For trees with three or more stems, if
the three largest stems have a combined total diameter of at least 18 inches, the tree
shall be considered an Exceptional Tree.
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Section 11. TIVIC Section Adopted
Chapter 18.06, "Definitions," as follows:
Heritage Tree or Heritage Grove
A new section is hereby added to TIVIC
"Heritage Tree" means a tree, or group of trees comprising a grove, specifically
designated by the City because of historical significance, special character, and/or
community benefit.
Section 12. TIVIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Invasive Plant and Tree List
"Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees
that are prohibited from being planted in landscaped areas subject to an approved
landscape plan, and City properties and rights -of -way.
Section 13. TIVIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Invasive Tree
"Invasive Tree" means a non-native tree species, which is likely to spread and
disrupt the balance of an eco-system.
Section 14. TIVIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Landscape Design Professional
"Landscape Design Professional" means a landscape architect licensed by the
State of Washington or an individual who has graduated from an accredited landscape
design program.
Section 15. TIVIC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as currently codified at TIVIC Section 18.06.490, "Landscaping or Landscaped
Areas," is hereby amended to read as follows:
Landscaping or Landscaped Areas
"Landscaping or landscaped areas" means natural vegetation such as trees,
shrubs, groundcover, and other landscape materials arranged in a manner to produce an
aesthetic effect appropriate for the use to which the land is put. In addition, landscaping
or landscaped areas may serve as bioswales to reduce storm water runoff, subject to the
standards of this chapter and TIVIC Chapter 14.30.
Section 16. TIVIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Mulch
"Mulch" means wood chips, bark or other organic material that covers the ground
for weed control and water retention purposes.
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Section 17. TIVIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Nuisance Tree
"Nuisance Tree" means a tree that is causing obvious physical damage to
structures including, but not limited to, sidewalks; curbs; the surfaces of streets, parking
lots, and driveways; underground utilities; or building foundations. Nuisance Tree does
not include trees that currently meet the definition of Hazardous or Defective Tree.
Section 18. TIVIC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as currently codified at TIVIC Section 18.06.650, "Protection Measure," is hereby
amended to read as follows:
Protection Measure
"Protection measure" means the practice or combination of practices (e.g.
construction barriers, protective fencing, tree wells, etc.) used to control construction or
development activity, where such activity may impact vegetation which is approved for
retention in a Tree Permit.
Section 19. TIVIC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as currently codified at TIVIC Section 18.06.651, "Protective Fencing," is hereby
amended to read as follows:
Protective Fencing
"Protective fencing" means a non -flexible, temporary fence or other structural
barrier installed to prevent permitted clearing or construction activity from adversely
affecting vegetation, which is required by a Tree Permit or approved landscaping plan.
Section 20. TIVIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Pruning
"Pruning" means the cutting or limbing of tree or shrub branches as specified in the
American National Standards Institute (ANSI) A300 Pruning standards, and the
companion "Best Management Practices — Tree Pruning" published by the International
Society of Arboriculture. Pruning does not include the removal of any portion of the top
of the tree, sometimes referred to as "topping".
Section 21. TIVIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Qualified Tree Professional
"Qualified Tree Professional" means an individual who is a certified professional
with academic and/or field experience that makes them a recognized expert in urban
forestry and tree protection. A Qualified Tree Professional shall be a member of the
International Society of Arboriculture (ISA) and/or the Association of Consulting
Arborists, and shall have specific experience with urban tree management in the state of
Washington. A Qualified Tree Professional preparing tree valuations shall have the
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necessary training and experience to use and apply the appraisal methodology
prescribed in the most recent edition of the ISA Plant Appraisal Guide.
Section 22. TIVIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Risk
"Risk" means, in the context of urban forestry and trees, the likelihood of tree failure
causing damage to a Target such as property or persons.
Section 23. TIMIC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 1775
§1 and 1758 §1 (part), as currently codified at TIVIC Section 18.06.775, "Significant Tree,"
are hereby amended to read as follows:
Significant Tree
"Significant Tree" means a single-trunked tree that is six inches or more in diameter
(DBH), or a multi-trunked tree with a diameter of two inches or more on any trunk (such
as willows or vine maple).
Section 24. TIVIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Site Disturbance
"Site disturbance" means any development, construction, or related operation that
could alter the subject property, including, but not limited to, soil compaction including
foot traffic; tree or stump removal; road, driveway or building construction; installation of
utilities; or grading.
Section 25. TMC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Street Tree
"Street Tree" means a tree located within the public right-of-way, or easement for
street use granted to the City, provided that, if the trunk of the tree straddles the
boundary line of the public right-of-way and the abutting property, it shall be considered
to be on the abutting property.
Section 26. TIMIC Section Adopted. A new section is hereby added to TIVIC
Chapter 18.06, "Definitions," as follows:
Target or Risk Target
"Target or Risk Target" means, as used in the context of urban forestry or trees,
people, property, or activities that could be injured, damaged, or disrupted by a tree.
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Section 27. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Topping
"Topping" means the inappropriate pruning practice used to reduce tree height by
cutting to a predetermined crown limit without regard to tree health or structural integrity.
Topping does not use acceptable pruning practices as described in the American
National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best
Management Practices — Tree Pruning" published by the International Society of
Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a
safety hazard, dead or diseased material.
Section 28. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Tree Risk Assessment
"Tree risk assessment" means the systematic process to identify, analyze and
evaluate tree risk prepared by a Qualified Tree Professional in accordance with the latest
version of the International Society of Arboriculture (ISA) Best Management Practices
Guide.
Section 29. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Tree Risk Assessor
"Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk
Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates
and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a
Target, and determines options for treatment or mitigation.
Section 30. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075
§1 (part) and 1758 §1 (part), as currently codified at TMC Section 18,06.845, "Tree," is
hereby amended to read as follows:
Tree
.Tree" means any self-supporting woody plant characterized by one main trunk or,
for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity, that
is recognized as a Tree in the nursery and arboricultural industries.
Section 31. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1
(part), as currently codified at TMC Section 18.06.850, "Tree Clearing Permit," is hereby
amended to read as follows:
Tree Permit
"Tree Permit" means a permit issued by the Director authorizing tree removal
activities, or work that may impact the Critical Root Zone, pursuant to the general permit
provisions of this title.
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Section 32. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Tree Removal
"Tree Removal" means the direct or indirect removal of a tree through actions
including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible
damage to roots or stems; destroying the structural integrity of trees through improper
pruning, poisoning or filling; excavating, grading, or trenching within the dripline that
results in the loss of more than 20 percent of the tree's root system; or the removal
through any of these processes of greater than 50 percent of the live crown of the tree.
Section 33. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Viable Tree
"Viable Tree" means a Significant Tree that a Qualified Tree Professional has
determined to be in good health with a low risk of failure; is relatively Windfirm if isolated
or exposed; and is a species that is suitable for its location and is therefore worthy of
long-term retention.
Section 34. TMC Section Adopted. A new section is hereby added to TMC
Chapter 18.06, "Definitions," as follows:
Windfirm
"Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree
Professional has evaluated and determined can withstand normal winter storms or
surrounding tree removal.
Section 35. Repealer. Ordinance No. 1758 §1 (part), as currently codified in TMC
Chapter 18.06, "Definitions," at the following sections, is hereby repealed:
18.06.275 Essential Root Zone
18.06.485 Landscape Architect
18.06.785 Solid Planting
Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in TMC
Chapter 18.06, "Definitions," at the following section, is hereby repealed:
18.06.776 Significant Tree, Shoreline
Section 37. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 38. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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Section 39. 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 COON IL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of e 1., 2018.
I V
ATTEST/AUTHENTICATED:
Christy O'Flah6hy, MMC, City Clere
Z2
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number: 71
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2569-2570.
On April 2, 2018 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2569: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADDING AND REVISING DEFINITIONS RELATED TO
TREES, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO
REFLECT BEST PRACTICES; REPEALING DEFINITIONS CODIFIED IN TUKWILA
MUNICIPAL CODE CHAPTER 18.06 THAT ARE NO LONGER NEEDED; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2570: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1770 §32 AND 1758 §1
(PART), AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE
CHAPTER 18.54, "TREE REGULATIONS," TO ESTABLISH NEW REGULATIONS
RELATED TO URBAN FORESTRY AND TREES; REPEALING ORDINANCE NO. 2291;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: April 5, 2018
Barbara Saxton
From: Ann Marie Soto <AnnMarie@ kenyondisend.com^
Sant Thursday, October 1&2O1O18:45AM
To: Barbara Saxton; Rachel Turpin
Cc: Andrea Cummins; Christy [)'F|aheUyAndy Youn
Subject: RE: Question: Scrivener's Error?
Sounds good. Thank you for the follow up!
Ann Marie iSoto
Kenj,onDiseoc[PLLC
The Municipal Law Firm
l[Front Street South
Issaquah, VYA98027-382O
Phone- (425)392-709K0exL22O5
From: Barbara Saxton hnaiko:Barbara.Saxton@Tukvvla
Sent: Tuesday, October 16,2O181O:28AM
To: Ann Marie Soto <AnnMarie@kenyondisend.com>; Rachel Turpin <Rachel.Turpin@TukwilaWA.gov>
AndvYoun un@/Tukvv|aVVA.gov>
Subject: RE: Question: Scrivener's Error?
Thanks, Ann Marie. The agenda packets did show the changes. Here is some background.
There are four definitions that should have been called out as being repealed in the final version of Ord. No.
2569. Those four definitions were specifically called out in the draft ordinance (and shown in strike -through to indicate
they would be deleted) that was prepared for Council and was part of the 2/13/18 and 2/27/18 CDN Committee
packets. The repealing language was also shown that way (in strike changes) in the draft version of the ordinance in the
3/26/18C.C}.VV.agenda packet. in all those draft versions, the text looked just as it does below (with the red track
changes showing the 4sections/definitions toberepea|ed). Here isalink tuthe ordinances inthe 3/26/18[D.VV.
packet.
The error came when I accepted those track changes (after the meetings above) to produce the final version of the
ordinance, which eliminated the four specific definitions that had been listed in strike -through text. Therefore, the final
ordinance indicates sections (definitions) are to be repealed, but does not specify which ones. (Reference text
highlighted in yellow below.)
Also, whenever we process a change as a scrivener's error, not only do we keep a log,but vveinclude all the
explanations/authorizations (such as this e-mail) with the original paper copy and also scan the
explanation/authorization and include it with the digital ordinance in Laserfiche, so this change will be well documented
inthe public forum. | think and hope wecovered your concerns.
Thank you, Ann Marie.
City Clerk's Office
City of Tukwila
The City of opportunity, the community mfchoice.
From: Ann Marie Soto
Sent: Monday, October 15,201D4:22PM
To: Barbara Saxton <>
Cc: Rachel Turpin<;Andrea Cummins < ;Christy
C)`Haherty<�AndyYnun�Subject: RE: Question: Scrivener's Error?
W11��0-111111111
Sorry for the delay onthis.
This is a tough one. Scrivener's errors are generally typographical errors which may be corrected only if such mistakes
are absolutely clear. One could argue that the legislative history makes babsolutely clear that those track change
deletions should have been shown with legislative revision marks onthe final ordinance. But were those draft versions
included in the publicly available council agenda packets? If so, the City is probably okay (although perhaps a notation
can be made onthe Qt/svvebsiteattaching a draft veoion).Otherwise, the safest thing to do would be to naaclopt
those sections byordinance.
Let me know if you have any questions. Thanks.
Ann Marie [Soto
Kenyon DisendPL[C
l'heMunicipal Law Firm
I]Front Street South
lmmmqumb,VVA90O27-S82O
Phone: (425)392-709O,ext. 2205
From: Rachel Turpin
Sent: Tuesday, October O9'J0183I8PM
To: Ann Marie Soto
Can you please answer this question since you worked on the original ordinance? Thanks!
Rachel B.Turpin
Tukwila City Attorney
6ZO0SouthcenterBoulevard
Tukwila, VVA9D188-2544
2O6-433'7l99(Tukwila Office)
4Z5-9Q8'ZZ10(Issaquah Office)
The City of opportunity, the community of choice.
From: Barbara Saxton
Sent: Tuesday, October 9,2D1Q1:14PM
To: Rache|Turpin
Cc: Andrea Cummins; NoraGier|of; ChristyO`Hoherty; Andy Youn
Subject: Question: Scrivener's Error?
VVeare currently reviewing Ordinance No. 2569for codification. This ordinance amended and established
definitions related totrees and landscaping.
Directly below are two sections from the DRAFT version of the ordinance, which showed that 4 definitions
were tmberepealed. The definitions to be deleted were shown in track changes (stri ke-th rough) format in the
draft ordinance todelineate their upcoming deletion.
In the final (clean) version of the ordinance, the track changes were accepted and the sections read as shown
below, which meant the 4 specific definitions to be removed were not listed. This was not caught prior to
inclusion in the agenda packet.
Section 35. Repealer. Ordinance No. 1758 §1 (part), as currently codified in-ruic Chapter 18,,06,
"Definitions," at the foHovviing sections, is heireby repealed,
Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in, I]VIC Chapter 18.06,
"Definitions," at the following section, is hereby repealed:
Christy feels this is a scrivener's error as the intent is there and the Repealer sentences are incomplete as
stated. The intent and history of what is to be repealed was shown in the draft versions of the ordinance in
the agenda packets that went to Council.
Please advise. Thank you, Rachel.
Barbara Saxton
City Clerk's Office
City of Tukwila
The City of opportunity, the community of choice.
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CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click
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